HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SPP-2022-000011) ASIAA-PL-SPP-2022-000011-04-04-22
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
ACADEMIA SINICA INSTITUTE OF ASTRONOMY AND ASTROPHYSICS
SPECIAL PERMIT APPLICATION (PL-SPP-2022-000011)
ACADEMIA SINICA INSTITUTE OF ASTRONOMY AND ASTROPHYSICS has
submitted an application for a Special Permit for the temporary operation of an array of satellite
dishes to conduct research on Fast Radio Bursts (FRBs) on an approximately 0.5-acre portion of
a larger 21.80-acre property in the State Land Use Agricultural District. The subject property is
located at 96-1048 Center Road, at its intersection with North Road, Ka`ala`ala, Kanaio, Wood
Valley, Ka`u, Hawaii, TMK: (3) 9-6-008:067 (por.).
APPLICANT'S REOUEST
1. Request: The applicant is requesting a Special Permit to allow the following uses on a
0.5-acre portion of a 5-acre lease area within a larger 21.80-acre property:
• Ten (10)temporary commercial TV satellite dishes (20 feet in diameter)
with a six (6) foot aluminum post with a reception capacity of 400-800
Megahertz (MHz).
• A gravel driveway approximately 100 feet in length and 20 feet in width.
• One (1) catchment tank of at least 4,000 gallons capacity for fire
suppression at the north end of the property.
• One (1) port-a-potty.
• Two (2) storage containers each at 40 feet long, 8 feet wide and 8 feet-6
inches tall.
• A small solar power array or rechargeable batteries.
• The proposed use will be temporary, comprised of a five (5) year lease
with the option to extend the lease another five (5)years.
According to the applicant, a temporary array of ten (10) satellite dishes would conduct
research on Fast Radio Bursts (FRBs). FRBs are powerful radio bursts coming from
within and outside of our galaxy,which are not yet understood. The applicant intends to
study the sources and origins of these radio bursts,which requires a"radio-quiet" site.
-1-
Ka`u was found to be the best radio-quiet area on the Big Island, based on surveys
conducted by the applicant. The satellites are designed for reception only, therefore no
transmission of radio signals would occur. In addition, all satellites would be fixed to
look at the northeastern sky only, thus no satellite movement would occur. Roughly 0.5
acres of a 5.0-acre lease area would be cleared and maintained by the applicant for the
satellite array, catchment tank, shipping containers and port-a-potty. The 0.5 acres for the
satellite array would have a side-yard setback of roughly 100 feet from Center Road and
155 feet from the east. The satellite array would sit at the south end of the cleared area
(0.5 acres), with the catchment tank, shipping containers and port-a-potty on the north
end. The satellite array is proposed to consist of one (1) line of two (2) antennas,
followed by two (2) lines of four(4) antennas, for a total of ten (10). There would be
approximately 25-feet between each antenna and electrical and data lines would serve the
antennas within conduit trenched in the ground. According to the applicant, the remaining
4.5 acres of the leased area would be used for agricultural purposes. The applicant has not
determined specific agricultural plans but is considering options such as grazing or
coffee. According to the applicant, the site will be returned to its original condition, wear
and tear expected, on February 25th, 2026,unless the applicant requests to extend the
current lease for an additional five (5)years.
2. Employees: Once operational, the site will typically run unattended, with one (1) person
checking on operations once or twice a week.
3. Hours of Operation: The applicant is proposing to operate the facility continuously.
4. Supportive Information: The applicant has submitted the attached in support of
the request: (Planning Department Exhibit 1 — Special Permit Application dated
January 24, 2022 and Supplemental Information dated February 18, 2022 and
March 1, 2022).
5. Landowners: Ray Akio and Pamela Naomi Mizuno.
STATE AND COUNTY PLANS
6. State Land Use District: Agricultural.
7. County Zoning: Agricultural 20-acre (A-20a).
-2-
8. General Plan LUPAG Map: Important Agricultural Lands (ial). This designation
includes lands with better potential for sustained high agricultural yields because of soil
type, climate,topography, or other factors.
9. Kau Community Development Plan: The Ka`u CDP was adopted by Ordinance No.
17-66, which became effective on October 17, 2017. The subject property is located in
Wood Valley Homestead Lots, approximately 5.6 miles outside of the town of Pahala,
and is designated Important Agricultural Lands in the Land Use Policy Map for Pahala.
10. Special Management Area (SMA): The property is not located within the Special
Management Area and is over seven (7)miles from the nearest coastline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
11. Subject Property: The subject property is 21.80 acres in size and known as Lot 7
located at 96-1048 Center Road in the Wood Valley Homestead Lots. The property is
currently vacant of any structures and is comprised of overgrown sugar cane, guinea
grass, desmodium vine and other non-native shrubs and grasses.
12. Surrounding Zoning/Land Uses: The subject property is in the Wood Valley
Homestead Lots located roughly 4.5 miles north of Pahala. Most of the surrounding area
is zoned Agriculture 20-acres (A-20a), with agricultural land uses and farm dwellings. A
large area zoned Forest Reserve (FR) is located to the north and two parcels to the
southeast are zoned Agriculture 5-acre (A-5a) and Agriculture 10-acre (A-IOa). The
nearest dwelling is located approximately 380 feet from the project site to the west across
Center Road on TMK: 9-6-008:009.
13. U.S.D.A. Soil Type: 50 percent Alapai hydrous silty clay loam with 10 to 20 percent
slopes (2klhb) and roughly 50 percent Kuanene medial fine sandy loam, 3 to 20 percent
slopes (2klj6).
14. ALISH: "Prime Agricultural Land", or land best suited for the production of food, feed,
forage and fiber crops. The land has the soil quality, growing season, and moisture supply
needed to produce sustained high yields of crops economically when treated and
managed, including water management, according to modern farming methods.
-3-
15. Land Study Bureau Soil Rating: The majority of the 0.5-acre permit area is classified
as "C" or"Moderate Productivity" soil, and a portion is classified as "B" or"High
Productivity" soil.
16. Flood Zone: The property is located entirely within Floor Zone"X", which is an area
determined by FEMA to be outside of the 500-year flood plain.
17. Flora/Faunal Resources: Although there was no professional survey of the floral and
faunal resources of this site, the applicant does not believe that rare or endangered floral
or faunal resources are likely to be found on the subject property. According to the
applicant, most of the site is comprised of overgrown sugar cane, guinea grass and
desmodium vine. The surrounding area is made up of cook pine, eucalyptus, macadamia
nut, cypress and other non-native shrubs and grasses. A small portion of the Ka`u Forest
Reserve is located roughly 0.25 miles to the north of the subject property. The applicant
reports that there are four species that are endemic to Hawaii Island and are listed under
the United States Endangered Species Act that may occur in this area. These include the
`Akiapola`au, Hawaii Creeper, Hawaii `Akepa, and the formerly endangered `Io or
Hawaiian Hawk. Other endemic forest birds in the area include I`iwi, Oma`o, and
Hawaii `Elepaio, `Apapane and `Amakihi. The Pueo or Hawaiian owl and Nene or
Hawaiian Goose may also utilize resources of the forest. Additionally, the applicant
reports that the Hawaiian Petrel, an endangered and endemic seabird, has been known to
transit the area while commuting to nesting areas higher on Mauna Loa, and it is possible
that some may nest along the top margin of the Ka`u forest. The Department of the
Interior-Fish and Wildlife Service (USFWS)provided the following list of species most
likely to occur within the vicinity of the project area: Hawaiian Hoary Bat or `ope`ape`,
Hawaiian Goose or nene, Hawaiian stilt or ae`o, Band-rumped storm-petrel or `ake`ake,
Hawaiian petrel or `ua`u,Newell's shearwater or Wo, Hawaiian Hawk or `io, Hawaiian
coot or `alae `ula, and the Blackburn's sphinx moth. The USFWS provided recommended
biosecurity protocols and conservation measures to avoid adverse effects to federally
listed species. Finally, according to the Department of Land and Natural Resources,
Division of Forestry and Wildlife (DOFAW), the Hawaiian Hoary Bat or `ope`ape,
Hawaiian Goose or nene and the Hawaiian Hawk or `io all may occur in the project
-4-
vicinity. DOFAW provided measures to reduce the project's impact on these listed
species, in addition to guidelines regarding artificial lighting, mitigating spread of Rapid
`Ohi `a Death, and minimizing spread of invasive species.
18. Archaeological/Historical/Cultural Resources: No formal archeological study was
conducted on the site as it has been previously graded and used for sugar cane cultivation
in the past. According to the applicant,no known archeological sites, historical or cultural
resources are known to be located on the subject property.
19. Public Access: There is no record of a designated public access to the shoreline or
mountain areas traversing the property.
20. Traffic: Traffic in the Wood Valley Homestead Lots is generally low,mainly consisting
of resident traffic. The initial stages of the proposed project will require the transport of
two (2) shipping containers, one (1) port-a-potty and the equipment required to construct
one (1) catchment tank and the ten (10) satellites. Minimal vehicular trips will be
required during this stage, however short-term impacts to traffic are expected. Once
operational, the proposed use will typically run unattended. One (1) person will
occasionally perform routine checks and maintenance as needed, approximately once or
twice a week. According to the applicant, normal use of the project site will have no
impact on traffic in the surrounding area.
PUBLIC SERVICES AND FACILITIES
21. Access: Access to the project site is from North Road, a paved County road, adjacent to
the subject property to the north. The property would be accessed by way of a gravel
driveway, approximately 100 feet long and 20 feet wide. According to the Department of
Public Works (DPW), all driveway connections and construction within the North and
Center Road Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii
County Code. Additionally, access to North and Center Roads, including the provision of
adequate sight distances, shall meet with the approval of DPW.
22. Water: According to the Department of Water Supply (DWS), the subject property is
not within the service limits of existing DWS water system facilities. According to the
applicant, the subject site would be served by a rainwater catchment system with at least
4,000 gallons of storage for the proposed use and fire suppression.
-5-
23. Wastewater: According to the Department of Environmental Management, there is no
County sewer system in the area and the applicant is directed to follow Department of
Health regulations for wastewater and sewage disposal. The applicant has proposed to
install a port-a-potty.
24. Other Essential Utilities/Services: Telephone and electricity are available to the site.
Fire services are located approximately 31 miles away in Volcano and police services are
located approximately 50 miles away in Kea`au.
AGENCY COMMENTS
25. Department of Public Works-Engineering Division: (Planning Department Exhibit
2—February 17,2022 Memo)
26. Department of Water Supply: (Planning Department Exhibit 3 —March 17,2022
Letter)
27. Department of Environmental Management: (Planning Department Exhibit 4—
February 25,2022 Memo)
28. United States Department of the Interior-Fish and Wildlife Service: (Planning
Department Exhibit 5—March 15,2022 Letter)
29. Department of Land and Natural Resources-Division of Forestry and Wildlife:
(Planning Department Exhibit 6—March 31,2022 Memo)
AGENCIES -NO COMMENTS / CONCERNS
30. Department of Land and Natural Resources-Land Division, Department of Health, Police
Department, Department of Finance-Real Property Tax.
AGENCIES -NO RESPONSE
31. Department of Public Works-Building Division, Civil Defense, Fire Department, State
Land Use Commission, State Office of Planning, State Department of Agriculture
PUBLIC COMMENTS
32. Letter from Brendan Donnelly: (Planning Department Exhibit 7 —April 1, 2022
Email)
33. Letter from Amelia Ensign: (Planning Department Exhibit 8—April 14,2022
Email)
-6-
34. Petition for Standing in a Contested Case Hearing, submitted by Thomas Loudat:
(Planning Department Exhibit 9 —March 8, 2022 Petition)
35. Petition for Standing in a Contested Case Hearing, submitted by Gregory Vlasek:
(Planning Department Exhibit 10 —March 18, 2022 Petition)
APPLICANT'S RESPONSE TO PUBLIC COMMENTS
36. Synopsis of community meeting held on March 30, 2022: (Planning Department
Exhibit 11 —April 14, 2022 Email)
-7-
LAN D'o '"
PLANNING t* 194 Wiwoole St. Hilo, HI 96720
(808)333-3393
HAWAII LLC info@landplanninghawaii.com
February 10, 2022
Mr. Jeffrey Darrow, Deputy Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Special Permit Application
Applicant: Academia Sinica Institute of Astronomy and Astrophysics
Landowner: Ray A. Mizuno & Pamela N. Mizuno
Pahala, Kau, Hawaii TMK: (3) 9-6-008: 067
Transmitted here within for your review and processing is an application requesting a
Special Permit for the above referenced applicant for the temporary operation of an array of
satellite dishes to conduct research on Fast Radio Bursts (FRBs). The subject site is located
at 96-1048 Center Road in the Wood Valley Homestead Lots in Pahala, Ka`u. North Road
intersects with the northern portion of the subject parcel with Center Road on the west.
Highway 11 is located roughly 3 miles to the south. The subject parcel totals 21.80 acres
zoned Agriculture 20-acre (A-20a). The Special Permit request is for 5 acres.
The transmittal includes: a)the completed application form; b)letters of authorization
allowing my office to file the application on the applicant and landowners' behalf, c) a list
of surrounding property owners within five hundred (500) feet of the subject parcel; d) a
printout from the Hawaii County Real Property Tax Office showing that the property taxes
are current; and e)the background/environmental report, which includes the location and
proposed site plan. Further a payment of$500.00 for the County filing fee will be paid via
electronic check.
We trust that everything is in order for your acceptance and processing of this application.
If not or if there are questions relating to this matter, please feel free to direct them to me.
Thank you very much.
Sincerely,
John Pipan
Planning Administrator
Enclosures
Copy— Academia Sinica Institute of Astronomy and Astrophysics
Planning Dept.
Exhibit 1
SPECIAL PERMIT APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or Print the requested information)
APPLICANT Academia Sinica Institute of Astronomy and Astrophysics
APPLICANTS SIGNATURE: 'r✓G% l�l�- DATE,
ADDRESS: 645 N.A'ohoku Place,Hilo,HI 96720
LIST APPLICANT'S INTEREST IF NOT OWNER: Lessee
TELEPHONE: (Bus.) 808-961-2942 (Home) (Fax)
REQUEST: Special Permit for the temporary operation of an array of satellite dishes to conduct research
on Fast Radio Bursts (FRBs)
TAX MAP KEY: (3) 9-6-008: 067 ZONING: A-20a
AREA OF PROPERTY/AREA OF REQUESTED USE 21.8 acres / 5 acres
LANDOWNER: Ray Akio Mizuno & Pamela Naomi Mizuno
LANDOWNER'S SIGNATURE: DATE:
(Mai be b} letter)
LANDOWNER'S ADDRESS: PO Box 728,Pahala,HI 96777
AGENT: Land Planning Hawaii LLC
ADDRESS: 194 Wiwoole St,Hilo,HI 96720
TELEPHONE: (Bus.) 808-333-3393 (Home) (Fax)
Please indicate to whom original correspondence and copies should be sent to:
ORIGINAL Agent COPIES: Applicant
TO WHOM IT MAY CONCERN:
As applicant to a Special Permit request for the parcel identified by TMK: (3) 9-6-008: 067, 1
hereby consent and authorize Land Planning Hawaii LLC to file and process the Special Permit
Application on my behalf.
BY:ACADEMIA SINICA INSTITUTE OF ASTRONOMY AND ASTROPHYSICS
Sign (DATE)
Print
Title
TO WHOM IT MAY CONCERN:
As landowners of the parcel identified by TMK: (3) 9-6-008: 067, we hereby consent and
authorize Land Planning Hawaii LLC to file and process a Special Permit Application on our
behalf.
1/25/22
Ray Akio Mizuno (DATE)
1/25/22
Pamela Naomi Mizuno (DATE)
LISTING OF RECORDED OWNERS AND LESSEES
500 HUNDRED FEET OF
TAX MAP KEY(3)9-6-008:067
ParcelId OwnerName OwnerAddress2 OwnerCityStZip
960080640000 SILVA,JEFF J PO BOX 201 PAHALA HI 96777 0201
960080090000 REHA,SANDRA L PO BOX 1140 PAHALA HI 96777 1140
960080100000 GUY,VANESSA IREAN PO BOX 70 PAHALA HI 96777
960080470000 LOUDAT,THOMAS A TRST 46-281 AUNA ST KANEOHE HI 96744 4110
960080310000 MELLON-LACEY,DIANA MARIA HC 2 BOX 6894 KEAAU HI 96749 9323
960080310000 LACEY,ROBIN LLEWELLYN
960080280000 NEELY,ROLAND G PO BOX 489 PAHALA HI 96777
960080340000 DONNELLY,BRENDAN KIRKPATRICK TIN CITE]PO BOX 605 PAHALA HI 96777 0605
960080340000 ENSIGN,AMELIA ANN
960080270000 TALLMON,TOM 1426 GORDY DR SAN JOSE CA 95131 3302
960080550000 WISEMAN,SHERRY PO BOX 509 PAHALA HI 96777 0509
960080550000 CARPE DIEM CG LLC
960080550000 POLLOCK,GILBERT O
960080630000 VLASEK,GREGORY E 1740 SANTA YNEZ WAY SACRAMENTO CA 95816 6632
960080080000 MIZUNO,RAY AKIO PO BOX 728 PAHALA HI 96777
960080080000 MIZUNO,PAMELA NAOMI
960080320000 KORU ORGANICS LLC 24533 68TH AVE SW VASHON WA 98070 8018
2/9/22,4:08 PM gPublic.net-Hawai'i County, HI-Report:960080670000
CUN Y of HAwAI`r
Real Property Tax Office
Parcel Information
Parcel Number 960080670000
Location Address 96-1048 CENTER ROAD
Project Name WOOD VALLEY HOMESTEADS
Property Class AGRICULTURAL For zoning information,refer to Zone Maps
Neighborhood Code 966813-5
Legal Information LOT 7 21.80 AC DES LPGR 7610 WOOD VALLEY HOMESTEADS
Land Area(acres) 21.8000
Land Area(approximate sq ft) 949,608
View Map
Plat(TMK)Maps
Owner Information
Owner Names Mailing Address
MIZUNO,RAYAKIO Fee Owner,Tenants by the Entirety MIZUNO,RAYAKIO
MIZUNO,PAMELANAOMI Fee Owner PO BOX 728
9 Show All Owncrs and Addresscs PAHALA HI 96777
https://hawa i i cou ntyh i-e nergovpu b.tylerhost.net/Apps/SelfService#/home
Original Taxes Tax Net
Tax Period Description Due Date Assessment Credits Tax Penalty Interest Other Amount Due
2021-2 Real Property Tax 02/22/2022 $0.00 $0.00 $1,108.91 $0.00 $0.00 $0.00 $1,108.91
Tax Bill with Interest computed through 02/22/2022 $0.00 $0.00 $1,108.91 $0.00 $0.00 $0.00 $1,108.91
Pay online at http://payments.ehawaii. ov/propertytax/hawaii
Other Payment Options Click Here
Map
4-
https://gpublic.schneidercorp.com/Application.aspx?ApplD=1048&LayerlD=23618&PageTypelD=4&PagelD=9878&Q=1595845171&KeyValue=96008... 1/2
COUNTY BACKGROUND & ENVIRONMENTAL REPORT
COUNTY SPECIAL PERMIT REQUEST
ACADEMIA SINICA INSTITUTE OF ASTRONOMY AND ASTROPHYSICS (ASIAA)
PAHALA, KA`U, COUNTY OF HAWAII
TMK: (3) 9-6-008: 067
Table of Contents
I. INTRODUCTION .....................................................................................................................4
II. PROJECT DESCRIPTION.....................................................................................................4
3A. Project Concept and Components........................................................................................4
3B. Subject Property Description ............................................................................................11
3C. Institutional Considerations ..............................................................................................12
StateLand Use...............................................................................................................12
SpecialManagement Area ............................................................................................12
County Zoning and General Plan...................................................................................12
Ka`u Community Development Plan.............................................................................14
3D. Surrounding Zoning and Land Uses..................................................................................15
3E. Flood Insurance Rate Map.................................................................................................17
3F. Archaeological Resources..................................................................................................17
3G. Floral and Faunal Resources..............................................................................................18
3H. Valued Cultural Resources ................................................................................................19
3I. Public Access.....................................................................................................................20
3J. Description of Access .......................................................................................................20
3K. Traffic Impacts...................................................................................................................20
3L. Availability of Utilities......................................................................................................21
III. REGULATORY ANALYSIS...............................................................................................21
4A. Coastal Zone Management ................................................................................................21
4B. Impacts to Surrounding Properties.....................................................................................21
4C. Impacts to Public Agencies ...............................................................................................22
4D. Unusual Conditions............................................................................................................22
4E. Land Suitability for Permitted Uses...................................................................................22
4F. Land Character and Present Use........................................................................................23
4G. Relationship to General Plan .............................................................................................23
4H. Unusual and Reasonable Use.............................................................................................23
2
Figures
Figure1: Location Map ...................................................................................................................5
Figure2: Lease Boundary Map........................................................................................................6
Figure3: Site Plan............................................................................................................................7
Figure 4: Schematic Drawing of Proposed Satellite Dishes............................................................9
Figure 5: Example Photos of Proposed Satellite Array.................................................................10
Figure6: FIRM Map......................................................................................................................16
Figure 7: Agricultural Land Use Map (ALUM)for the Subject Property.....................................17
Figure 8: Ka`u Forest Reserve in Relation to the Subject Property...............................................19
Exhibits
Exhibit A: Lease Agreement
Exhibit B: USDA Historical Aerial Photo 1954
Exhibit C: USDA Historical Aerial Photo 1965
Exhibit D: USDA Historical Aerial Photo 1977
Exhibit E: Agricultural Land Use Map (ALUM) Commodity Definitions
3
I. INTRODUCTION
The Academia Sinica Institute of Astronomy and Astrophysics (ASIAA) ("applicant")is
requesting a Special Permit for the temporary operation of an array of satellite dishes to conduct
research on Fast Radio Bursts (FRBs). The property is located at 96-1048 Center Road in the
Wood Valley Homestead Lots, Pahala, Ka`u, Hawaii. North Road intersects with the northern
portion of the subject parcel with Center Road on the west. Highway 11 is located roughly 3
miles to the South(Figure 1).
The property totals 21.80 acres and is zoned Agricultural 20-acres (20-A). The subject property,
which is known as Lot 7 within the Wood Valley Homestead Lots, is owned by Ray Akio and
Pamela Naomi Mizuno. The Mizunos also own the neighboring 21.6-acre lot on the makai side
where their principal residence is located. A License Agreement, which became effective on
February 25th, 2021, will allow ASIAA to lease 5-acres, being a portion of Lot 7, for the
proposed project(Figure 2). If approved, the applicant wishes to build a temporary array of ten
(10) satellite dishes with two (2) storage containers, one (1) catchment tank, and one (1)port-a-
potty on approximately 0.5 acres. The remaining 4.5 acres will be used for agricultural purposes.
Figure 3 shows the proposed site plan.
The initial term of the License Agreement between the Licensor(Ray Akio and Pamela Naomi
Mizuno) and the Licensee (ASIAA)is five (5)years, commencing on February 25th 2021
(herein referred to as "Lease" or"License"). The Lease will expire on February 25th, 2026,
unless the Licensee (ASIAA)timely exercises an option to renew the Lease for another five (5)
years pursuant to Paragraph 7.01 and 7.02 of the License Agreement(Exhibit A).
IL PROJECT DESCRIPTION
3A. Project Concept and Components
The applicant is respectfully requesting a special permit to operate a temporary array of
ten (10) satellite dishes to conduct research on Fast Radio Bursts. FRBs are powerful
radio bursts coming from within and outside of our galaxy, which are not yet understood.
In radio astronomy, a fast radio burst(FRB) is a transient radio pulse of length
ranging from a fraction of a millisecond to a few milliseconds, caused by some
high-energy astrophysical process not yet understood. Astronomers estimate the
average FRB releases as much energy in a millisecond as the sun puts out in 3
days. While extremely energetic at their sources, the strength of the signal
reaching Earth has been described as 1,000 times less than from a mobile phone
on the Moon. The first FRB was discovered in 2007. Many FRBs have since been
recorded, including several that have been detected to repeat in seemingly
irregular ways. Nonetheless, one FRB has been detected to repeat in a regular
way:particularly, FRB 180916 seems to pulse every 16.35 days. Most FRBs are
extragalactic, but the first Milky Way FRB was detected by the CHIME radio
telescope in April 2020. In June 221, astronomers reported over 500 FRBs from
outer space detected.
4
9
rv,far MAU F o R E S 7, R E S E R V E
3EC-7 PLAT a
- rs.r.and Pv„rE r. ��M � ."M•- ���
l�.14 :SNN o> •lei. 'rw "..w' \ �,�'
_.�1. I &/lia+.'+%4+h",ar•:.Y + �}� ^.q °.+nx I}11I�i.wujt _ x
a.
Ff
O
�u 1�
t � �l rr e M.•�- ��` yay3 q "yam 5 W� ! $'��'`
a V
u` (k
sr �z?s� Ott r a' 31 sE `� Subject
_y
Proper y
F fl 1'r•I �' g ti#s `o w `k., 0'4� <�"M. T F y' 3yx'`s
.A.Y„ ryw •.,,.. 8`13 !L4
L3 7, d
770-,
01. x yb S y ��bppr.i•N F 1., ` as _`f'5,.M:r�N �AAfS�
ci.. 1170 i A+d„�.l.r-l.A wA'
--�v �-•` _v-e -
y I2��� o
�g$py _. , .,�;c'. ii„•�._
42 f`' 4 �fl bq 7369 6_6 l•�9.i9i �`4 �RYf9� PoIAow R/w.
_ 0'
,lY I f� � xwo oiv
� zoxe scGc. Pr..anr
ADVANCE SHEET '� f coxrAixlxc PAF CCLS
WOOD YALLCY,KAf1,HA/YAl1. SULlJECT To cHANGr8
s[ALf hr.=Napia
1111NIF11
Figure 1
BOUNDARY MAP
FOR SURFACE LEASE AGREEMENT
of a
PORTION of GRANT 7610 to JOE PERRITT being LOT 7, WOOD VALLEY HOMESTEADS
at KAILIUA,
KAU, ISLAND of HAWAI'I, HAWAII
TMK: 3rd Div. 9-6-008: 067 (por.)
�ooa
Ko��eY
ooa
� c a
�o
�o
up —
p - - 263 3�
eopu p 4 30' �
22g� 2
FOUND 1/2" PIPE TYP,
7025.9' N.
6519,6' W
KAMAKAMAKA�`d 100.00'
242' 29' 30"
� Q�t
LEASE AREA ej
I, POR. LOT 7
5.00 Acre +/— to
up
00
10 REMAINDER of LOT 7
o N 21.80 Acre
I" (16.8ac)
I �
i N
�
�t
up I
I
I
——— -
-
-
-
-
-
--I
-- 112" pipe set typ.
Notes: 355.24'— 62' 37' 30"
1. Coordinates are referred to Government
Survey Triangulation Station "KAMAKAMAKA"0.
Q Azimuths are based on True North measured clockwise from True South.
2. Map is based on a survey performed on the ground August 6, 2012,
records found ai the State Survey Office (HTS Plat 115),
Ej County of Hawaii Planning Department,
State of Hawaii Bureau of Conveyances & THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION
Deed supplied by client (Doc. No.(s) 2005-148911
3. This is o Boundary Survey of a Proposed Lease Area. Signature Expiration Date of the License: 04-30-2022
0 00 200 400 ENGINEERING
P A R T N E R S
N O 455 E. Lanika Ula St. Nilo,Nawai'i 96720
oMain(80e 933}7900 —,pi—p,,
o SCALE 1" = 100' Hawarp Las Vegas
MAP DATE 8-10-2021
Figure 2
Two-t.
up
Power Pole
- - - Nosh Road
eop up2 4 30'
22
Gravel Drive
' ------ -----
0'-0' o�
Catchment Tank o
100.00, �Q
242* 29' 304
00
�j Portable Toilet Stora e b
Stora e � I
40'-0"
100.22' 100' 0 55.02'
25' 25' e �e
-1 N
Antenna Array I
e o 0
N
Ln e o 0 o
N 75
up rn 12.5 12.5
0
O
O r7
r7
' Area to be cleared and IIS
r`
r7 maintained
N I
I�
ICD
I
I
Limit of 5-acre
up Lease Area I
I
I
Agricultural Uses To Be
Determined
o
1
I
—�—
----- 355.24'— 62' 37' 30"
Figure 3
ASIAA wishes to study the sources and origins of these radio bursts, which requires a
"radio-quiet" site. Kau was found to be the best radio-quiet area on the Big Island, based
on surveys conducted by the applicant. The satellites are designed for reception only,
therefore no transmission of radio signals would occur. In addition, all satellites would be
fixed to look at the Northeastern sky only, thus no movement would occur.
The applicant is requesting the following elements to be allowed as part of the Special
Permit:
1. Ten (10)temporary commercial TV satellite dishes (20 ft in diameter)with a six
(6)foot aluminum post with a reception capacity of 400-800 Mega Hertz (MHz)
(Figures 4 and 5).
2. A gravel driveway approximately 100 feet in length and 20 feet in width will
serve the proposed use.
3. One (1) Catchment tank of at least 4,000 gallons capacity for fire suppression at
the north end of the property.
4. One (1) Port-a-potty.
5. Two (2) Storage Containers each at 40 feet long, 8 feet wide and 8 feet-6 inches
tall.
6. HELCO power is available to the site, however a small solar power array or re-
chargeable batteries may be used for power. Power use on the site will be minimal
since the satellite array are designed for reception only.
Roughly 0.5 acres would be cleared and maintained by ASIAA for the satellite array,
catchment tank, shipping containers and port-a-potty (Figure 3). The other 4.5 acres of
the leased area will be used for agriculture. The 0.5 acres for the satellite array will have
a side-yard setback of roughly 100 feet from Center Road and 155 feet from the east
(property line designated as the 5-acre area in the License Agreement). The satellite array
will sit at the south end of the cleared area (0.5 acres), with the catchment tank, shipping
containers and port-a-potty on the north end. The satellite array is proposed to consist of
one (1) line of two (2) antennas, followed by two (2)lines of four(4) antennas, for a total
of ten (10). There would be approximately 25-feet between each antenna and electrical
and data lines would serve the antennas within conduit trenched in the ground.
The remaining 4.5 acres will be used for agricultural purposes as permitted by County
zoning in Agricultural 20-acre (A-20a). The applicant has not determined specific
agricultural plans but is considering options such as grazing or coffee. Agricultural use is
consistent with the surrounding area and is not contrary to the General Plan or the Kau
Community Development Plan. Any agricultural use will be consistent with all County
rules and regulations and will meet appropriate conditions as outlined throughout the
permitting process.
8
C-BAND SATELLITE ANTENNA
S600AM-P
NO ITEM DESCRIP QTY
1 Feed Holder 1
ti 2 Feed Support 016 4
VL
3 Reflector D=6000 8
4 Central Panel D=265 2
7 5 Reflector Support D=1205 1
o
6 EI Adj Screw M24X400 1
7 Hinge 1
8 Screw Holder 1
9 Azimuth Adj 1
10 Pole 0127 1
/ 11 Pole Support 036 3
Figure 4
.` �\Fay
Once operational, the site will typically run unattended, with one (1) person checking on
operations once or twice a week.
The applicant will honor Provision 5.05 Licensor's Rights to All Improvements as
outlined in the Lease Agreement, which requires the applicant to return the site to its
original condition, wear and tear expected, upon termination of the Lease. As stated
above, the Lease will expire on February 25th, 2026, unless ASIAA exercises the option
to renew for another five (5)years, in which case the Lease would expire on February 25,
2031. Provision 5.05 states the following:
Any improvements constructed on the Property by Licensee shall remain on and
be surrendered with the Premises on expiration or termination of the term of the
License, except that Licensor, in its sole discretion, can elect within thirty (30)
days before expiration of the term, or within five (5) days after termination of the
term, to require Licensee to remove any improvements that Licensee has
constructed on the Property. If Licensor so elects, Licensee, at its cost, shall
remove the improvements designated by Licensor in its election and shall restore
the premises to its original condition, wear and tear expected, before the last day
of the term or within thirty (30) days after notice of election is given, whichever is
later.
3B. Subject Property Description
The subject site identified as TMK (3) 9-6-008: 067 consists of 21.80 acres zoned A-20a,
Agricultural 20-acres. The property is known as Lot 7 located at 96-1048 Center Road in
the Wood Valley Homestead Lots, Pahala, Ka`u, Hawaii.
The Land Use Pattern Allocation Guide (LUPAG) designated this land as Important
Agricultural Land. The Land Study Bureau classifies the soils for this property partially
as "B" and partially as "C", or high to moderate agricultural productivity. Under the
Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system,
the subject site is classified as prime lands. The U.S. Department of Agricultural Natural
Resource Conservation Service (MRCS) has designated the soil type for the subject site
as roughly 50 percent Alapai hydrous silty clay loam with 10 to 20 percent slopes
(2klhb) and roughly 50 percent Kuanene medial fine sandy loam, 3 to 20 percent slopes
(2klj6). The Alapai soil is derived from basic volcanic ash over basalt. This soil is very
well drained with a very low runoff class. Kuanene soil is derived from ash fields over
pahoehoe lava flows. This soil is well drained with a high runoff class. Both soil types
classify as "not prime" farmland according to MRCS.
The Ka`u area is considered Lava Zone 3, on a scale ranging from 9 to 1 (least hazardous
to most). This site is located roughly 8 miles from the ocean and is not in the
Conservation District or Special Management Area.
11
As previously stated, the applicant has leased a 5-acre portion of Lot 7 for the proposed
action. The subject portion is in the northwestern corner of the larger Property. This 5-
acre portion is mainly comprised of overgrown sugar cane, guinea grass, desmodium vine
and other non-native shrubs and grasses. It is currently vacant of any structures. Other
types of vegetation in the surrounding area include cook pine, eucalyptus, and macadamia
nut.
Current access onto the larger 21.80-acre parcel is located approximately 400-feet to the
east of the intersection of North Road and Center Road. A gravel driveway approximately
100 feet in length and 20 feet in width will serve the proposed use. It will be located
roughly 160 feet to the east of the Center Road and North Road intersection.
3C. Institutional Considerations
State Land Use
The subject site is designated State Land Use Agriculture, and the special permit
area will consist of 0.5-acres of land. Based on the size of the project area, no
State Land Use Commission action is required. The County of Hawaii can
process the special permit request.
Hawaii Revised Statutes §205-6 allows County Planning Commissions to permit
certain unusual and reasonable uses within the Agricultural and Rural districts
other than those for which the district is classified. The unusual and reasonable
use of the land will be further described in the appropriate section below.
Special Management Area
The subject property is approximately 8 miles inland from the coast and outside
the designated Special Management Area (SMA).
County Zoning and General Plan
The County zoning of the subject is Agricultural 20-acre (A-20a). The County
General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the
parcel as Important Agricultural Lands. Relative to this designation, the General
Plan allows consideration for a"Special Permit" on agricultural land where the
requested use meets certain criteria as outlined in Section 4 of the permit
application and chapter 205 of the Hawaii Revised Statutes as amended.
The Hawaii County General Plan serves as a guide for decision-makers in land
use matters. The proposed project is conducive to the General Plan's guidelines as
it conforms to the following goals, policies, and standards of the General Plan:
12
2.2 Goals
a. Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
b. Economic development and improvement shall be in balance with the
physical, social and cultural environments of the island of Hawai`i.
c. Strive for diversity and stability in the economic system.
d. Provide an economic environment that allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural,
natural, and social environment.
e. Strive for an economic climate that provides its residents an opportunity
for choice of occupation.
f. Strive for diversification of the economy by strengthening existing
industries and attracting new endeavors.
g. Promote and develop the island of Hawai`i into a unique scientific and
cultural model, where economic gains are in balance with social and
physical amenities. Development should be reviewed on the basis of total
impact on the residents of the County, not only in terms of immediate short
run economic benefits.
2.3 Policies
i. Continue to encourage the research, development, and implementation of
advanced technologies and processes.
j. Support the advancement of high technology industries.
s. Assist the further development of the agriculture through the protection of
important agricultural lands.
t. Assist in the promotion of the agriculture industry whose products are
recognized as being produced on the island of Hawai`i.
y. Encourage new industries that provide favorable benefit-cost relationships
to the people of the County. Benefit-cost relationships include more than
fiscal considerations.
4.2 Goals
a. Define the most desirable use of land within the County that achieves an
ecological balance providing residents and visitors the quality of life and
an environment in which the natural resources of the island are viable and
sustainable.
6.2 Goals
a. Protect, restore, and enhance the sites, buildings, and objects of significant
historical and cultural important to Hawai`i.
b. Appropriate access to significant historic sites, buildings, and objects of
public interest should be made available.
13
7.2 Goals
a. Protect,preserve, and enhance the quality of areas endowed with natural
beauty, including the quality of coastal scenic resources.
b. Protect scenic vistas and view planes from becoming obstructed.
c. Maximize opportunities for present and future generations to appreciate
and enjoy natural and scenic beauty.
8.2 Goals
a. Protect and conserve the natural resources from undue exploitation,
encroachment, and damage.
c. Protect and promote the prudent use of Hawai`i's unique,fragile, and
significant environmental and natural resources.
d. Protect rare or endangered species and habitats native to Hawai`i.
e. Protect and effectively manage Hawaii's open space, watersheds,
shoreline and natural areas.
f. Ensure that alterations to existing landforms, vegetation, and construction
of structures cause minimum adverse effect to water resources, and scenic
and recreational amenities and minimum danger of floods, landslides,
erosion, siltation, or failure in the event of an earthquake.
Discussion: Approval of the requested Special Permit would be in line with the
economic, environmental quality, natural beauty, energy, recreation, natural
resource, and land use goals and policies of the General Plan. The proposed
project would allow a temporary, reception-only, satellite array to research Fast
Radio Bursts, while also utilizing the land for agricultural purposes. Hawaii
Island is well known for its scientific advancements in astronomy. Ka`u in
particular is a unique radio-quiet area, which is required to study the phenomenon.
Impacts to scenic views and noise will be negligible. There would be no impacts
to recreation or energy. The proposed use would require minimal power and may
operate off-grid. No significant impacts to environmental quality or natural
resources are expected. There are no known historical, archaeological, or cultural
sites on the property. However, in the event any inadvertent discoveries are made,
work will cease, and the applicants will immediately notify the Planning
Department and the State Historic Preservation Division for appropriate action.
Since the proposed land use will be temporary, the applicant will return the
Property to its original condition after the termination of the lease. The requested
action creates a unique opportunity to advance science, research, and education
while preserving agricultural land.
Ka`u Community Development Plan
The Ka`u Community Development Plan (KCDP) attempts to further define the
General Plan and serves as a guide for decision-makers. The proposed special use
14
request is conducive to the following goals, objectives and policies outlined in the
KCDP.
4.8 Coordinate Regional Economic Development
Community Action 21: Coordinate regional, cross-sectoral economic
development strategies.
Need:As Ka`u continues to grapple with recovery from the phase out of
plantation-era economics, it is becoming increasingly clear that long-term
systems of transformation and recovery are required to build a more
resilient and sustainable economy. Ideally, these systems would support
and link each sector of opportunity agriculture, renewable energy,
ecosystem services, health and wellness, education and research, visitor,
and retail. These systems should also coordinate complimentary economic
development strategies enhancing regional identity, building local
industry clusters, connecting to anchor institutions, advancing innovation,
building business and workforce capacity, democratizing ownership, and
diversifying investment. These systems could also combine the necessary
facilities and infrastructure with a network of comprehensive services that
bring technical,financial, and educational support to ensure that new and
existing enterprises have the greatest chance for lasting success.
Immediate Next Steps:
• Facilitate the development of local industry clusters build on the
competitive advantages of like-minded businesses that benefit from co-
location and partnerships to achieve economies of scale
o Focus initially on high potential sectors (agriculture,
renewable energy, health and wellness, research and
education, and the visitor industry)
o Facilitate collaborations that fuel innovation
Discussion: The proposed project is a unique opportunity that supports a
diversified economy, will enhance education, regional identity and build local
identity. The combined use of the Property for the satellite array and agricultural
activities ensures that multiple high potential sectors are targeted for the
transformation that is desired for the Ka`u area.
3D. Surrounding Zoning and Land Uses
The subject Property is in the Wood Valley Homestead Lots located roughly 4.5 miles to
the north of Pahala. Most of the surrounding area is zoned Agriculture 20-acres (A-20a)
and is used for agricultural purposes. A large area zoned Forest Reserve (FR)is located
to the north and a couple parcels to the southeast are zoned Agriculture 5-acre (A-5a) and
Agriculture 10-acre (A-10a).
15
1575F `
� 1
\�
BASEMAP:FIRM BASEMAP
Flood Hazard Assessment Report
www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS(SFHAs)SUBJECT TO INUNDATION BY
THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood(100-
year),also know as the base flood,is the flood that has a 1%chance of
..-.,. being equaled or exceeded in any given year.SFHAs include Zone A,AE,
AH,AO,V,and VE.The Base Flood Elevation(BFE)is the water surface
elevation of the 1%annual chance flood. Mandatory flood insurance
Property Information Notes: urchaseappliesinthesnzones:
COUNTY: HAWAII Zone A:No BFE determined.
TMK NO: (3)9-6-008:067 Zone AE:BFE determined.
WATERSHED: PAHALA
PARCEL ADDRESS: ADDRESS NOT DETERMINED ZoneAH:Flood depths of 1 to 3 feet(usually areas of ponding);
PAHALA,HI 96777 BFE determined.
Zone AO:Flood depths of 1 to 3 feet(usually sheet flow on
Flood Hazard Information slopingterrai n);average depths determined.
FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action);
LETTER OF MAP CHANGE(S): NONE no BFE determined.
FEMA FIRM PANEL: 1551661575F ZoneVE:Coastal flood zone with velocity hazard(wave action);
BFE determined.
PANEL EFFECTIVE DATE: SEPTEMBER 29,2017
Zone AEF: Floodway areas'n Zone AE.The floodway is the
channel of stream plus any adjacent floodplain areas that must
be kept free of encroachment so that the 1%annual chance
flood can be carried without increasing the BFE.
NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk
THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE: NO flood zone.IN mandatory flood insurance purchase requirements apply,
FOR MORE INFO,VISIT:http://www.scd.hawall.gov/ but coverage is available in participating communities.
THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of
FOR MORE INFO,VISIT:http://dlnreng.hawall.gov/dam/ 1%annual chance flood with average depths of less than 1 foot
■ or with drainage areas less than 1 square mile; and areas
protected by levees from 1%annual chance flood.
Zone X:Areas determined to be outside the 0.2%annual chance
0 400 800 ft floodplain.
Disclaimer:The Hawaii Department of Land and Natural Resources(DLNR)assumes no responsibility arising from
the use,accuracy,completeness,and timeliness of any information contained in this report.Viewers/Users are OTH ER F LOOD AREAS
responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ-
ees fromany liability which may arise from its use ofits data orinformation. Zone D: Unstudied areas where flood hazards are undeter-
ned,but flooding is possible.No mandatory flood insurance
If this map has been identified os'PRELIMINARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu-
and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nitres.
tions to be used for compliance with local floodplain management regulations.
Figure 6: Flood Hazard Assessment Report for the Subject Parcel
16
3E. Flood Insurance Rate Map
The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM)
designates the area of the proposed development to be in Flood Zone X (areas outside of
the 500-year flood) (Figure 6 above). There are no identified drainage ways through the
site. Accordingly, the site has not been and should not be subject to flooding.
3F. Archaeological Resources
It is unlikely any archaeological resources will be encountered on the property. The
subject parcel and surrounding area have been used previously for cultivation as seen in
historical aerial photographs taken in 1954, 1965 and 1977 (Exhibits B, C and D). The
Agricultural Land Use Map (ALUM) confirms that the property was cultivated for sugar
cane, as seen in Figure 7, identified as commodity "S" (See Exhibit E for ALUM
definitions).
The proposed use would only require 0.5 acres of land to be cleared and maintained by
the applicant for the proposed array of satellites and supporting features. The remaining
4.5 acres will be utilized for agricultural purposes. In the event any inadvertent
discoveries are made during any activity relating to this project, work will cease, and the
applicants will immediately notify the Planning Department and the State Department of
Land and Natural Resources and secure their clearances before proceeding further.
W
0
5uLjm Sim
� noJrty 5
r _
ALUM-Commodity X -
objeaid 2053
cammedity 5
ape
shape_tagth 9J0735d491136743
shape_Area 2W0'1904,51 W2793 1
QZaam w
Figure 7: Agricultural Land Use Map (ALUM)for the Subject Property
17
3G. Floral and Faunal Resources
Although there was no professional survey of the floral and faunal resources of this site,
the applicants do not believe that rare or endangered floral or faunal resources are likely
to be found on the Property. The majority of the Property is overgrown sugar cane
(Saccharum officinarum), guinea grass (Megathyrsus maximus) and desmodium vine.
The surrounding area is made up of cook pine (Araucania columnaris), eucalyptus
(Eucalyptus deglupta), macadamia nut(Macadamia tetraphylla), cypress (Cupressus
macrocarpa) and other non-native shrubs and grasses. An area of only 0.5 acres is
proposed to be cleared for the requested action. There are no known native or endangered
flora in this proposed area. The remaining 4.5 acres will be used for agricultural
activities, which will also not interfere with any native or endangered floral species.
A small portion of the Ka`u Forest Reserve is located roughly 0.25 miles to the north of
the subject Property and is considered an important bird area (Figure 8). There are four
species that are endemic to Hawaii Island and are listed under the United States
Endangered Species Act that may occur in this area. These include the the `Akiapola`au
(Hemignathus munroi), Hawaii Creeper(Oreomystis mana), Hawaii `Akepa (Loxops
coccineus), and the formerly endangered `Io or Hawaiian Hawk(Buteo solitarius). Other
endemic forest birds in the area include I`iwi (Vestiaria coccinea), Oma`o (Myadestes
obscurus), and Hawaii `Elepaio (Chasiempis s. sandwichensis), `Apapane (Himatione
sanguinea) and `Amakihi (Hemignathus vixens). The Pueo or Hawaiian owl (Asio
flammeus sandwichensis) and Nene or Hawaiian Goose may also utilize resources of the
forest. Lastly, Hawaiian Petrel (Pterodroma sandwichensis) an endangered and endemic
seabird has been known to transit the area while commuting to nesting areas higher on
Mauna Loa, and it is possible that some may nest along the top margin of the Ka`u forest.
The subject Property is located at approximately 2,400 feet above sea level. The portion
of the Ka`u Forest Reserve to the north of the Property begins at 2,500 feet above sea
level. The proposed use is not expected to produce a significant adverse impact to
important birds due to the elevation and type of use. As previously stated, the array of ten
(10) satellite dishes will be in a fixed-position and will have absolutely no transmission.
These design features make it unlikely to impact or attract any bird species in the area.
There are no native trees on the parcel or in the immediate area, therefore, there is no
flora which could be considered desirable habitat for native fauna.
Introduced bird species such as spotted dove (Streptopelia chinensis), Japanese white-eye
(Zosterops japonicus), house finch (Carpodacus mexicanus), and common myna
(Acridotheres tristis) are also common throughout the island.
Rapid `Ohi`a Death (ROD)is a fungal pathogen that has infected and killed many `ohi`a
trees, which may exist to the north of the subject Property in the Ka`u Forest Reserve. In
addition, Little Fire Ants (Wasmannia auropunctata) can impact floral and faunal
resources and their spread should be mitigated. Paragraph 1.02 of the License Agreement
prohibits any substances, which may harbor invasive species from being brought on the
property:
18
"No material,products or substances shall be brought onto the property, which
include materials considered to be hazardous under state or federal law, or which
harbors invasive insect species. No mining or removal of material located on the
premises at the commencement of this license, including but not limited to the
removal or soil, rock, gravel or cinder from the premises, shall be allowed."
To further prevent the spread of ROD and Little Fire Ants mitigation measures must be
put in place. This includes but is not limited to thorough cleaning of all equipment and
personnel including shoes and clothing with 70% alcohol before accessing and leaving
the site.
+
Subject Site
�'3117�i
National Audubon Society I Esri,HERR, Garm..,
Figure 8: Ka`u Forest Reserve in Relation to the Subject Property
3H. Valued Cultural Resources
The Hawaii State Supreme Court's PASH and Ka Pa`akai O Ka `Aina decisions require
decision-makers to consider a project's impact to native Hawaiian practices and
resources. Specifically, prior to making a decision, State and County agencies must
identify the cultural, historical, and natural resources and associated traditional and
19
customary practices of the site, the impacts of the proposed project to those resources and
practices, and the feasible action (i.e., mitigation measures), if any, to protect such
resources and practices.
No known archeological sites, historical or cultural resources are known to be located on
the property. It is not known whether the subject site or immediate surrounding area was
ever used for traditional and customary rights by native Hawaiians. Since the site has
been used previously for sugar cane cultivation, it would appear unlikely that the site
would serve such a purpose today and/or in the recent past.
The requested action involves the clearing of approximately 0.5 acres. The remaining 4.5
acres will be utilized for agricultural purposes. If ground disturbance is required for
agricultural use, all activities would comply with Chapter 10 of the Hawaii County
Code.
The proposed land use makes the discovery of new resources unlikely. However, in the
event any archeological resources were to be found on the property, all uses of the land
would cease, and the Department of Land and Natural Resources State Historic
Preservation Division would be contacted immediately.
3I. Public Access
The subject parcel is located approximately 8 miles from the shoreline. As such, no
public access will be affected by this request.
3J. Description of Access
The subject site is located on the corner of the Center Road and North Road intersection
in the Wood Valley Homestead Lots, Pahala, Ka`u. A gravel driveway roughly 100 feet
long and 20 feet wide would be accessed from North Road to serve the 5-acre area. The
driveway would be approximately 160 feet to the east of the Center Road and North Road
intersection.
3K. Traffic Impacts
Traffic in the Wood Valley Homestead Lots is generally low. Properties in the
surrounding area are Agricultural and zoned A-5a, A-10a and A-20a. Traffic in the area
consists mainly of landowners. The initial stages of the proposed project will require the
transport of two (2) shipping containers, one (1)port-a-potty and the equipment required
to construct one (1) catchment tank and the ten (10) satellites. Minimal vehicular trips
will be required during this stage therefore only short-term and negligible impacts to
traffic are expected.
Once operational, the proposed use will typically run unattended. One (1)person will
occasionally perform routine checks and maintenance as needed, approximately once or
twice a week. This will have no impact to traffic in the surrounding area.
20
Upon termination of the Lease, the applicant will honor Provision 5.05 of the License
Agreement, which requires the applicant to return the site to its original condition, wear
and tear expected, upon termination of the Lease. Similar short-term and negligible
impacts to traffic may occur during the transport of all equipment and improvements off
the Property as deemed necessary by the Licensor.
3L. Availability of Utilities
BELCO power is available to the site, however, the applicant intends to provide power
for the satellite array either through solar panels or rechargeable batteries that are
replaced as needed. Power use on the property will be minimal since the proposed array
of satellites are reception only.
The subject Property is not served by the County water system. The subject site would be
served by a rainwater catchment system with at least 4,000 gallons of storage for
proposed use and fire suppression. The area receives over 83 inches of rain annually,
which is more than adequate to support the planned catchment system.
There will be no permanent structures placed on the property under this request. Two (2)
storage containers will support the equipment space required to operate the satellite array.
Waste will be handled by one (1)port-a-potty, which will be rented by the applicant.
Typically, the site will operate unattended, with one (1)person checking on operations
once or twice a week. The port-a-potty will be serviced as needed based on frequency of
use.
III. REGULATORY ANALYSIS
4A. Coastal Zone Management
The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the
subject parcel is approximately 8 miles from the shoreline. There is no public access,
scenic or open space resources on the subject site.
4B. Impacts to Surrounding Properties
The proposed land use will not have significant adverse impacts to the surrounding
properties. If approved, the applicant would clear approximately 0.5 acres of land with a
front-yard setback of roughly 75-feet from North Road, and side-yard setbacks of 100-
feet from the west property line (Center Road) and 155-feet from the east(property line
designated as the 5-acre area in the License Agreement). A 100-foot long and 20-foot-
wide gravel driveway would serve the proposed use. In addition, ten (10) satellite dishes,
two (2) shipping containers, one (1)port-a-potty and one (1) catchment tank would be
assembled. Minor and temporary impacts may occur to noise and scenic views during
these stages but will be mitigated by vegetation along the property lines, which creates a
natural buffer to visual impacts and noise.
21
Once operational, the satellite dishes would not emit noise. They are designed for
reception only and will therefore not transmit any radio waves. They will also not move.
Once setup, they will stay in a fixed position facing the northeastern sky. These design
features will produce negligible impacts to noise in the area.
Each satellite will be mounted on a 6-foot post with a 20-foot diameter dish. The shipping
containers would be consistent with standard size at 8-feet, 6 inches tall. All equipment
will meet be consistent with the height limit of 45-feet for non-residential structures in an
agricultural zone. Vegetation along the property lines creates a natural visual buffer,
which will remain in place. The remaining 4.5 acres of the Property will be for
agricultural use, which is consistent with the surrounding area and should produce no
visual impacts.
Upon termination of the Lease agreement, minimal and short-term impacts to noise may
occur during the take down of equipment and improvements to restore the Property to its
original condition.
4C. Impacts to Public Agencies
The proposed project will not unreasonably burden public agencies to provide roads and
streets, sewers, water, drainage, school improvements, and police and fire protection. The
proposed use will require very little power and may operate off-grid. HELCO is also
available to the site, which the applicant could use. A catchment tank system will be used
for water. The proposed 4,000-gallon catchment tank will be adequate for fire
suppression. A small gravel driveway roughly 100-feet long and 20-feet wide would be
constructed at the applicant's expense to serve the proposed use. No improvements to any
roads will be necessary. No improvements or proposed uses of the land will require
public agency action.
4D. Unusual Conditions
Unusual conditions, trends and needs have arisen since the district boundaries and
regulations were established. Hawaii Island is well known for its scientific
advancements in astronomy. Ka`u in particular is a unique radio-quiet area, which is
required to study the phenomenon of Fast Radio Bursts. The proposed project will
contribute to agriculture, research, and education, in an area that is looking to build its
identity and economic stability.
4E. Land Suitability for Permitted Uses
The proposed Special Permit area consists of 5 acres of land that is comprised of roughly
50 percent Alapai hydrous silty clay loam with 10 to 20 percent slopes (2klhb) and
roughly 50 percent Kuanene medial fine sandy loam, 3 to 20 percent slopes (2klj6). The
Agricultural Lands of Importance to the State of Hawaii (ALISH) classifies the Property
as prime lands and the Land Study Bureau rates the site partially as "B" and partially as
"C", or high to moderate agricultural productivity.
22
Only 0.5 acres of the 5-acre portion will be utilized for the satellite array and supporting
infrastructure including the two (2) shipping containers, one (1) catchment tank and one
(1)port-a-potty. The improvements will have minimal impact and will be temporary in
nature. They will not alter the conditions of the land.
The remaining 4.5 acres, or majority of the parcel, will be used for agricultural purposes
to utilize the lands fullest potential. The applicant is considering the best agricultural use
of the land and will determine the most appropriate use throughout the permitting process
and according to County rules and regulations. Preliminary discussion has involved either
grazing or planting of coffee trees.
As per the License Agreement, the applicant will return the site to its original condition
upon termination of the lease unless otherwise specified by the Licensor within the
appropriate timeframe.
4F. Land Character and Present Use
The proposed use will not substantially alter or change the essential character of the land.
The subject property is currently unused by the owner and has been leased to the
applicant under a five (5)year contract, with the option to extend for another five (5)
years if the applicant chooses to do so.
The proposed project is intended to preserve the essential character of the land by
operating fixed, reception-only satellite dishes and agricultural activities appropriate to
the area such as coffee or grazing. The applicant will determine specific agricultural plans
throughout the permitting process, which meet all County the rules and regulations.
The applicant will honor Provision 5.05 Licensor's Rights to All Improvements as
outlined in the Lease Agreement, which requires the applicant to return the site to its
original condition, wear and tear expected, upon termination of the Lease. As stated
above, the Lease will expire on February 25th, 2026, unless ASIAA exercises the option
to renew for another five (5)years, in which case the Lease would expire on February 25,
2031.
4G. Relationship to General Plan
The proposed use will not be contrary to the goals, policies, and standards of the General
Plan and the Ka`u Community Development Plan. As discussed in Section 3C, the
proposed use conforms to the General Plans economic and land use goals and policies.
The proposed request clearly meets the goals of the General Plan and will provide the
applicant a unique opportunity for scientific advancement, research, education, and
agricultural growth.
4H. Unusual and Reasonable Use
The proposed use is an unusual and reasonable use of the land, which would not be
contrary to the objectives to be sought by the Land Use Law and Regulations, which, for
23
the Agricultural District, seek to preserve or keep the land of high agriculture potential in
agriculture usage. Lands in the Agricultural District include areas with a high capacity or
potential for agricultural uses but also lands which are surrounded by or contiguous to
agricultural lands and which are not suited to agricultural uses by reason of topography,
soils, or other related characteristics.
The request is unusual in that the proposed request is not solely agricultural in nature.
The use would allow the applicant to clear 0.5 acres out of 5 acres to operate a satellite
array to study Fast Radio Bursts (FRBs). The satellites require a radio-quiet area and
would be fixed in position and designed for reception-only. Supporting infrastructure on
this portion of the land would include two (2) shipping containers, one (1)port-a-potty,
one (1) catchment tank and a 100-foot long, 20-foot-wide gravel driveway. These
improvements are temporary in nature and will not alter the long-term conditions of the
land. After the License Agreement has been terminated, the applicant will return the site
to its original condition.
While in operation, the remaining and majority portion of the property (4.5-acres)will be
used for agricultural purposes, such as grazing or coffee trees. The applicant intends to
determine the most appropriate agricultural activity for the land throughout the permitting
process and consistent with all County rules and regulations.
Hawaii Island is uniquely known for its contribution to scientific advancement in
astronomy. The proposed Special Permit request would provide Ka`u the opportunity to
build its identity in this area by researching a new phenomenon.
24
Exhibit A
Document:
LICENSE AGREEMENT
Parties:
Licensor: RAY AKIO & PAMELA NAOMI MIZUNO whose mailing address is
PO BOX 728, PAHALA, HI 96777
Licensee: Academia Sinica Institute of Astronomy and Astrophysics
(ASIAA)whose mailing address is 645 N.A'ohoku Place Hilo,
Hawaii 96720
This document contains (5 pages total, including this cover sheet.
LICENSE AGREEMENT
SECTION 1 -PARTIES AND RECITALS
This License Agreement ("License" or"Agreement") is made by and between the
following parties on this day of L y (-Cl , 2021 ("the Effective Date"):
"Licensor": RAY AKIO & PAMELA NAOMI MIZUNO whose mailing address is
PO BOX 728, PAHALA, HI 96777
"Licensee": Academia Sinica Institute of Astronomy and Astrophysics (ASIAA)
whose mailing address is 645 N.A'ohoku Place Hilo, Hawaii
THIS LICENSE IS MADE WITH REFERENCE TO THE FOLLOWING FACTS AND
OBJECTIVES:
1.01. Licensor is the owner in fee simple of that certain parcel of real property situated
at 96-1048 Center Road,Pahala, Hi. 96777 , being Lot 7, area 21.80 acres more or less, Des
LPGR 7610 Wood Valley Homesteads. and designated as Tax Map Key No.(3) 9-6-8-67, which
property is more particularly described in Exhibit "A" attached hereto and by reference made a
part hereof(hereinafter called "the Property").
1.02. Licensee desires to license an approximately 5 acre portion of the Property from
Licensor (hereinafter "Premises" or"premises ")for the purpose of erecting an array of satellite
dishes with storage and office trailers and to conduct such studies and investigations as Licensee
deems necessary. No material, products or substances shall be brought onto the Property which
include materials considered to be hazardous under state or federal law, or which harbors
invasive insect species. No mining or removal of material located on the Premises at the
commencement of this License, including but not limited to the removal of soil, rock, gravel or
cinder from the Premises, shall be allowed.
NOW,THEREFORE,in mutual consideration of the terms, conditions and covenants
contained in this License, Licensor and Licensee agree as follows:
SECTION 2 -BASIC PROVISIONS
2.01. Description. Licensor licenses to Licensee the Premises described above,
consisting of 5 acres, being a portion of Lot 7, the location of which Premises is depicted on
Exhibit "B."Licensee will pay a licensed surveyor to stake the 5 acre portion of Lot 7 and
provide a written description of that parcel that shall be a part of Exhibit `B".
2.02. Term. The initial term of this License shall be Five (5) years, commencing on
the Effective Date and expiring Five years after the Effective Date,provided that if Licensee
timely exercises an option to renew the Lease pursuant to Paragraph 7.02 of this Agreement, the
term of this License shall be extended until the Closing Date for the renewal period.
2.03. Acceptance of Property. The Licensor has not made any representation with
respect to the Premises or the Property except as expressly set forth herein, and no rights,
easements or licenses are acquired by Licensee by implication or otherwise except as expressly
set forth in this License. The taking of possession of the Premises by Licensee shall be
conclusive evidence that Licensee accepts the same "AS IS" and that the Premises are in good
and acceptable condition and suitable for the uses intended by Licensee at the time possession
was taken.
2.04. Quiet Enjoyment. Licensor agrees that upon payment of the rents herein
provided and upon observance and performance by Licensee of the covenants herein contained
and on the part of Licensee to be observed and performed,Licensee shall peaceably hold and
enjoy the premises for the term of this License without hindrance or interruption by Licensor or
any other person or persons lawfully claiming by, through or under Licensor except as herein
expressly provided.
2.05. DUE DILIGENCE. Licensor agrees that Licensee shall have thirty(30) days after
the execution of this agreement to obtain approval of ASIAA Director Dr. Shiang-Yu Wang to
proceed with this License.
SECTION 3 -RENT AND SECURITY
3.01. Rent.
3.01(a). Annual Rent. Licensee shall pay to Licensor as annual rent, without
deduction,setoff,prior notice or demand,upon the execution of this License and in advance on
the first day of anniversary date of this License, the sum of Six Thousand Dollars ($6,000). In
the event of the termination of this License prior to the expiration of the term of this License, no
rent shall be returned to Licensee. In the event of Licensee's holdover past the term of this
License, the rent for the Premises shall be the sum of$750.00 per month for any holdover period.
3.01(b). Real Property Taxes. As part of the annual rent, Licensee shall pay to
Licensor an amount equal to the real property taxes and assessments payable for the Property
during the term of the License.
3.01(c). Excise Taxes. Together with the rent to be paid,Licensee shall pay to
Licensor a sum equal to the Hawaii State excise tax(currently 4.166%) applicable to the amount
of all rent payable hereunder, or any similar excise tax levied by the State of Hawaii or the
County of Hawaii.
3.02. Interest on Unpaid Rent. Rent not paid when due shall bear interest from the
date due until paid at the rate of twelve percent (12%) per annum.
3.03. Late Charge. If any installment of rent due from Licensee is not received by
Licensor within ten(10) days after the date it is due,Licensee shall pay to Licensor an additional
sum equal to five percent (5%) of the installment as a late charge.
SECTION 4 -USE AND MAINTENANCE OF PREMISES
4.01. Use. Licensee's use of the Premises shall be limited to the uses described in
Section 1.02 and for no other purposes. Such permitted uses shall be in conformity with
applicable law, rule and regulation. Licensee may use the premises for other uses only with the
prior written consent of Licensor.
4.02. Compliance with Laws. Licensee shall comply with all federal, state and local
laws, rules, regulations, codes,and ordinances concerning the Premises or Licensee's use of the
Premises, including,without limitation, all laws concerning the installation, operation,
maintenance, occupancy and use of the Premises or any improvements constructed by Licensee
upon the Premises during the term of this License, and all laws concerning pollutants,
contaminants, hazardous wastes, toxic substances or related materials and any other toxic,
ignitable, reactive, corrosive or related materials. Licensee shall indemnify,hold harmless and
defend Licensor against all actions, suits, damages, claims, penalties, and fines by whomsoever
brought or made by reason of the nonobservance or nonperformance of said laws, ordinances,
rules, regulations or of this covenant, except for those actions, suits, damages, claims, penalties,
and fines that result from the Licensor's intentional act or gross neglect.
4.03. Waste; Nuisance. Licensee shall not make or suffer any strip or waste or
unlawful, unproper or offensive use of the Premises, nor commit or allow to be committed
within the Premises any public or private nuisance or other act which disturbs the quiet
enjoyment of adjacent landowners or the public, nor use any apparatus, machinery or device
which would cause such disturbance.
4.04. Maintenance and Repair. Licensee shall be solely responsible for the
maintenance of the Premises, including any improvements installed or constructed thereon, and
shall keep the premises and all improvements in good,clean and habitable condition,and upon
expiration of the License, shall surrender the premises including all improvements constructed
thereon in good condition, excepting reasonable wear and tear, and shall further remove all
equipment, machinery storage bins and container, trailers and all improvements not permitted or
approved by Licensor. In the event that during the term of this License Licensor has reason to
believe that Licensee has engaged in any use or activity on the Premises which may result in any
release of pollutants, toxic or hazardous waste, Licensor may require Licensee to conduct an
environmental assessment of the soils and to determine if any recognized environmental
conditions exist on the Premises or may affect adjoining lands, and in such event,Licensee shall
be obligated to remediate such conditions in compliance with applicable standards and
requirements of the Department of Health of the State of Hawaii and test soils and clean up any
soils that test as hazardous as a result of licensee's activities.
SECTION 5 -IMPROVEMENTS
5.01. Improvements. Licensee, may not, during the term of this License, construct
improvements upon the Premises, without the prior written consent of Licensor, which may be
withheld in Licensor's sole discretion. In the event such consent is requested, Licensee shall
provide Licensor with the following with the request for consent:
5.01(a). Construction Plans. Licensee shall submit reasonably detailed final
plans and specifications and working drawings of any proposed improvements to be constructed
on the Property, and the name of Licensee's contractor.
5.01(b). Permits. Licensee's certification that all improvements to be
constructed on the Property shall be approved by all appropriate government agencies, and all
applicable permits and authorizations shall be obtained before commencement of construction.
5.01(c). Performance Bond. If the estimated cost of improvements exceeds
Twenty-Five Thousand Dollars ($25,000), before commencement of construction, Licensee, at
its cost, shall furnish to Licensor a performance and completion bond issued by an insurance
company qualified to do business in the State of Hawaii in a sum equal to the cost of the
improvements (as determined by the construction contract between Licensee and its contractor),
guaranteeing the completion of the same free and clear of all liens and other charges or,in lieu of
a performance and completion bond,a bank letter of credit or such other security as may
reasonably be required by Licensor.
5.02. Licensor's Rights to All Improvements. Any improvements constructed on the
Property by Licensee shall remain on and be surrendered with the Premises on expiration or
termination of the term of the License, except that Licensor, in its sole discretion, can elect
within thirty (30) days before expiration of the term, or within five(5)days after termination of
the term, to require Licensee to remove any improvements that Licensee has constructed on the
Property. If Licensor so elects, Licensee, at its cost, shall remove the improvements designated
by Licensor in its election and shall restore the premises to its original condition,wear and tear
excepted,before the last day of the term or within thirty(30) days after notice of election is
given, whichever is later.
5.03. mechanics' Liens. Licensee shall pay all costs for construction done by it or
caused to be done by it on the premises as permitted by this License. Licensee shall keep the
premises free and clear of all mechanics' liens resulting from construction done by or for
Licensee. Licensee shall have the right to contest the correctness or the validity of any such lien
if, immediately on demand by Licensor, Licensee procures and records a lien release bond issued
by a corporation authorized to issue surety bonds in Hawaii in an amount equal to two times
(2X)the amount of the claim of lien. The bond shall meet the requirements of§507-45, Hawaii
Revised Statutes,as amended,and shall provide for the payment of any sum that the claimant
may recover on the claim (together with costs of suit, if it recovers in the action).
SECTION 6 -UTILITIES
6.01. Utilities. Licensee shall be solely responsible for all utilities and services for the
premises, including, without limitation, gas, electricity, water,telephone service and trash
collection.
SECTION 7 -OPTION TO RENEW LEASE
7.01. Option to Renew . Inconsideration of Licensee's timely and faithful
performance of all of the terms and conditions of this Agreement, Licensor grants to Licensee the
option to renew the lease for an additional 5 year term for the base rent sum of Nine Thousand
Dollars ($9,000.00) per year in accordance with the terms of this Agreement.
7.02. Exercise of Option. Provided that Licensee is not in default under any of terms
of this License. Licensee shall exercise the option to renew by the delivery to Licensor of a
written notice to that effect,along with the payment of the annual rent to be applied upon the
start of the new term, said notice and deposit to be sent to Licensor by certified or registered
mail, return receipt requested.
7.03. Termination of Option. In the event this License is terminated for any
reason, whether voluntarily or involuntarily or by court order, then the option granted to
Licensee shall terminate and become null and void without further notice, effective as of the date
of the termination of the License, and any exercise or purported exercise of said option
subsequent to said date of termination shall be of no force and effect.
SECTION 8 -INDEMNITY AND INSURANCE
8.01. Indemnity. Licensee shall indemnify and hold Licensor harmless from and
against all claims, damages, loss, cost, expense or liability, including attorneys' fees and costs,
for any injury or damage to any person or property, including without limitation personal injury,
death or property damage, arising out of or in connection with the use and occupancy of the
Premises by Licensee, or by any person claiming under it, or any accident,fire or nuisance on the
premises or any failure of Licensee to keep the premises in a safe condition;provided that such
indemnification shall not apply to any damages resulting from the negligent acts or omissions of
Licensor.
8.02. Liability and Property Damage Insurance. Licensee, at its cost, shall maintain
during the term of this License comprehensive general liability and property damage insurance,
with an insurance company authorized to do business in the State of Hawaii, with minimum
coverage of not less than One Million Dollars ($1,000,000) for claims of personal injury or
death,and not less than Three Hundred Thousand Dollars ($300,000) for property damage,with
Licensor named as an additional insured, and shall annually deliver to Licensor current
certificates of insurance, and upon request true copies of the policy.
SECTION 9 -CONDEMNATION
9.01. Condemnation. In case at any time or times during the term of the License the
premises or any part thereof or any interest therein shall be required, taken or condemned by any
authority having the power of eminent domain, then and in every such case the estate and interest
therein so required,taken or condemned shall at once cease and terminate, and Licensee shall not
by reason thereof be entitled to any claim against Licensor or others for compensation or
indemnity for leasehold interest or otherwise, and all compensation and damages payable for or
on account of the premises and any improvements therein shall be payable to and be the sole
property of Licensor. Condemnation of any leasehold interest in the premises or any part thereof
shall not terminate this License nor excuse Licensee from full performance of its covenants for
the payment of rent or any other obligation hereunder capable of performance by Licensee, but in
such case Licensee may claim and recover from the condemning authority all compensation and
damages payable on account of its leasehold interest.
SECTION 10 -ASSIGNMENT
10.01. No Assignment without Licensor's Consent. Licensee shall not voluntarily
assign or encumber its interest in this License or in the Premises, or sublease all or any part of
the Property, or allow any other person or entity to occupy or use all or any part of the premises,
without first obtaining Licensor's consent,which consent shall not be unreasonably withheld or
delayed. Any assignment, encumbrance or sublease without Licensor's consent shall be voidable
and,at Licensor's election, shall constitute a default. No consent to any assignment,
encumbrance or sublease shall constitute a further waiver of the provisions of this paragraph.
Any dissolution, merger, consolidation or other reorganization of Licensee shall be deemed a
voluntary assignment.
10.02. Assignment of Rent. Licensee irrevocably assigns to Licensor, as security for
Licensee's obligations under this License, all rent from any subletting of all or a part of the
premises as permitted by this License, and Licensor, as assignee and as attorney-in-fact for
Licensee, or a receiver for Licensee appointed on Licensor's application, may collect such rent
and apply it toward Licensee's obligations under this License; except that,until the occurrence of
an act of default by Licensee, Licensee shall have the right to collect such rent. Licensor shall
give Licensee ten(10) days notice of Licensor's exercise of the right to receive such rent.
10.03. Involuntary Assignment. No interest of Licensee in this License shall be
assignable by operation of law (including, without limitation, the transfer of this License by
testacea or intestacy). An involuntary assignment shall constitute a default by Licensee and
Licensor shall have the right to elect to terminate this License, in which case this License shall
not be treated as an asset of Licensee. Each of the following acts shall be considered an
involuntary assignment: (1) if Licensee is or becomes bankrupt or insolvent, makes an
assignment for the benefit of creditors or institutes a proceeding under the Bankruptcy Act in
which Licensee is the bankrupt; or, if Licensee is a partnership or consists of more than one
person or entity,if any partner of the partnership or other person or entity is or becomes bankrupt
or insolvent, or makes an assignment for the benefit of creditors; (2) if a writ of attachment or
execution is levied on this License; or (3) if, in any proceeding or action to which Licensee is a
party, a receiver is appointed with authority to take possession of the premises.
SECTION 11 -DEFAULT
11.01. Default. The occurrence of any of the following shall constitute a default by
Licensee: (1) failure to pay rent when due,if the failure continues for ten(10)days after written
notice of default has been given to Licensee; (2) failure to observe or perform faithfully any
other provision or agreements contained in this License if the failure to perform is not cured
within thirty(30)days after written notice of default has been given to Licensee; (3)
commencement of a voluntary case of bankruptcy or the entry of any decree or order for relief
against Licensee in any involuntary case under the federal bankruptcy laws or any other
applicable federal or state bankruptcy, insolvency or similar law, or the appointment of a
receiver, custodian,trustee or similar official appointed for Licensee or for any substantial part of
its property; or(4) the entry of any writ of execution against Licensee or any estate or interest of
Licensee hereunder.
11.02. Licensor's Remedies Upon Default. In the event of default,Licensor may, in
addition to other remedies available to Licensor under law or statute,at once enter upon the
premises or any part thereof, and with or without such entry, terminate and cancel this License
and thereupon take possession of the premises and become wholly vested with all right, title and
interest of Licensee therein. Licensor may expel and remove from the premises Licensee and
those claiming under Licensee without service of notice or resort to any legal process and
without being deemed guilty of any trespass or without becoming liable for any loss or damage
which may be occasioned thereby, and without prejudice to any other remedy or right of action
which Licensor may have for such breach or for rent or any other indebtedness owing by
Licensee.
If this License is recorded in the Bureau of Conveyances, cancellation may, but
need not necessarily, be made effective by Licensor's filing therein an affidavit that default has
occurred, that notice has been given, and that this License has been cancelled. The filing of such
affidavit shall dispense with the necessity of making any physical entry upon the premises.
In the event of default,Licensor may recover from Licensee all damages,
attorney's fees and costs which may be incurred by Licensor as a result of default,including the
expense of repossession. Such damages shall include,without limitation, the amount of rent
payable by Licensee for the balance of the stated term.
SECTION 12 -LICENSOR'S RIGHT OF ENTRY
12.01. Licensor's Entry. Licensor and its authorized representatives shall have the
right to enter the premises at all reasonable times for any of the following purposes: (1) to
determine whether the premises are in good condition and whether Licensee is complying with
its obligations under this License; (2) to do any necessary maintenance and to make any
restoration to the premises that Licensor has the right or obligation to perform. Licensor shall
not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or
other damage arising out of Licensor's entry on the premises as provided in this paragraph,
except physical damage to property resulting from the acts or omissions of Licensor or its
authorized representatives. Licensee shall not be entitled to an abatement or reduction of rent if
Licensor exercises any rights reserved in this paragraph. Licensor shall conduct its activities on
the premises as allowed in this paragraph in a manner that will cause the least possible
inconvenience, annoyance or disturbance to Licensee.
SECTION 13 -SUBORDINATION;ESTOPPEL
13.01. Subordination. This License is and shall be subordinate to any encumbrance
now of record or recorded after the date of this License affecting the premises. Such
subordination is effective without any further act of Licensee. Licensee shall from time to time,
on request from Licensor, execute and deliver any documents or instruments that may be
required by a lender to effectuate any subordination. If Licensee fails to execute and deliver any
such documents or instruments, Licensee irrevocably constitutes and appoints Licensor as
Licensee's special attomey-in-fact to execute and deliver any such documents or instruments.
13.02. Estoppel Certificates. Each party, within ten(10) days afternotice from the
other party, shall execute and deliver to the other party, in recordable form, a certificate stating
that this License is unmodified and in full force and effect,or in full force and effect as modified,
and stating the modifications. The certificate also shall state the amount of minimum rent, the
dates to which the rent has been paid in advance, and the amount of any security deposit or
prepaid rent. Failure to deliver the certificate within the ten(10)days shall be conclusive upon
the party failing to deliver the certificate for the benefit of the party requesting the certificate and
any successor to the party requesting the certificate, that this License is in full force and effect
and has not been modified except as may be represented by the party requesting the certificate.
SECTION 14 -SURRENDER OF PREMISES;HOLDING OVER
14.01. Surrender of Premises. At the end of the term or other sooner termination of
the License, Licensee shall peaceably surrender to Licensor possession of the premises, together
with all improvements thereon by whom so ever made, in good repair, order and condition,
except for reasonable wear and tear. Licensee shall be liable to Licensor for Licensor's costs for
storing,removing, and disposing of any of Licensee's personal property that Licensee does not
remove from the premises upon termination of this License.
SECTION 15 -MISCELLANEOUS
15.01. Notice. Any notice, demand,request, consent, approval or communication that
either party desires or is required to give to the other party or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail. Any notice, demand,request,
consent, approval or communication that either party desires or is required to give to the other
party shall be addressed to the other party at the address set forth in the introductory paragraph of
this License. Either party may change its address by notifying the other party of the change of
address. Notice shall be deemed communicated within forty-eight(48) hours from the time of
mailing, if mailed as provided in this paragraph.
15.02. Waiver. No delay or omission in the exercise of any right or remedy of Licensor
on any default by Licensee shall impair such a right or remedy or be construed as a waiver. The
receipt and acceptance by Licensor of delinquent rent shall not constitute a waiver of any other
default;it shall constitute only a waiver of timely payment for the particular rent payment
involved. No act or conduct of Licensor shall constitute an acceptance of the surrender of the
premises by Licensee before the expiration of the term. Only a notice from Licensor to Licensee
shall constitute acceptance of the surrender of the premises and accomplish a termination of the
License. Licensor's consent to or approval of any act by Licensee requiring Licensor's consent
or approval shall not be deemed to waive or render unnecessary Licensor's consent to or
approval of any subsequent act by Licensee. Any waiver by Licensor of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other provision
of the License.
15.03. Arbitration of Disputes Between Parties. Any and all claims or controversies
between Licensor and Licensee regarding their respective rights, duties or obligations under this
License shall be settled by arbitration. Such arbitration shall be before one disinterested
arbitrator, or if one cannot be agreed upon, before three disinterested arbitrators, one named by
the Licensor, one by Licensee, and one by the two thus chosen. The arbitrator or arbitrators shall
determine the controversy in accordance with and pursuant to the provisions of Chapter 658A,
Hawaii Revised Statutes,as amended. As part of any award made, the arbitrator or arbitrators
may award the prevailing party its reasonable attorneys' fees and costs incurred as a result of the
controversy.
15.04. Attorneys' Fees in Third-Party Litigation. If either party becomes a party to
any litigation with a third-party concerning this License or any improvements thereon by reason
of any act or omission of the other party or its authorized representatives, and not by any act or
omission of the party that becomes a party to that litigation or any act or omission of its
authorized representatives, the party that causes the other party to become involved in the
litigation shall be liable to that party for reasonable attorneys' fees and court costs incurred by it
in the litigation.
15.05. Time of Essence. Time is of the essence of each provision of this License.
15.06. Interpretation of Agreement. This License shall be construed and interpreted
in accordance with the laws of the State of Hawaii. This License shall be construed without
regard to which party drafted the document or any particular provision herein.
15.07. Integrated Agreement; Modification. This License contains all the agreements
of the parties and cannot be amended or modified except by a written agreement.
15.08. Captions; Table of Contents. The captions and the table of contents of this
License shall have no effect on its interpretation.
15.09. Severability. The unenforceability, invalidity or illegality of any provision shall
not render the other provisions unenforceable, invalid or illegal.
15.10. Successors. This License shall be binding on and inure to the benefit of the
parties and their successors.
IN WITNESS WHEREOF,the parties hereto have executed this License Agreement with
Option to Purchase as of the day and year first above written.
LICENSOR: LICENSEE:
Ray Akio Mizuno
By
U
Ming-Tang Chen
LICENSOR: By
Pamela Naomi Mizuno Its Deputy Director for Hawaii
Operations
By �p
STATE OF HAWAII )
) ss.
COUNTY OF HAWAII )
On this ��`'' day of Fe�8RZ1.t1'ti M , 2021, before me personally appeared
RAY AKIO MIZUNO, to me known or who has proven to me on the basis of satisfactory
evidence to be the person described in and who executed the foregoing instrument, being duly
sworn, did say that he is the owner of the subject property, that said instrument was signed by
his free act and deed.
Said instrument, entitled"LICENSE AGREEMENT",consists of 19 pages and
is (Ret-�(dated o2f%o tso-i )at the time of this notary certification.
```0�11111 K�,l t"r/i In witness whereof, I have hereunto set my hand and
affixed my official seal on the day and year above written.
` '•2
18-143 —
• AUB\, (Notary signature)
r
OF `P`� (Print notary name) M ELA-t�t t✓ �A A PLtrt t
Notary Public
Third Judicial Circuit
[Stamp or Seal] State of Hawai'i
My commission expires: o t41 o t (=-7,2.
l��,tt�ir►/irrr�f�
Doc Date: #Pages:
Notary Name:Mc-+-AN 1e 14A*rµtJ13 Rcircuit tV ()-VA Z
Doc.Description: ucSN AC -rr i 18-143 t
pU B\, ..."T
;OX" . •'
,,req OF
Pt-tary SignatkeJ Date
STATE OF HAWAII )
) ss.
COUNTY OF HAWAII )
On this - �C z' day of FE-C ?-VA-pA , 2021,before me personally appeared
PAMELA NAONH N IZUNO, to me known or who has proven to me on the basis of
satisfactory evidence to be the person described in and who executed the foregoing instrument,
who,being duly sworn, did say that she is the owner of the subject property, that said
instrument was signed by her free act and deed.
Said instrument, entitled"LICENSE AGREEMENT WITH OPTION TO
PURCHASE",consists of l'✓ pages and is(nnt-dated)(dated o2 2s(2oZl )
at the time of this notary certification.
0%11111111111� In witness whereof, I have hereunto set my hand and
affixed my of]zcial seal on the day and year above written.
y��o-cA�y'G2
�LU
r
-5: ,8-A43
(Notary signature) ,
•'• pUB�', v-a i
cS�j;••.......... ' P,
11I"11111100%9Vs OF Y� 0, (Print notary name) MEI.A N t� 't<A-A?V N 1
Notary Public
Third Judicial Circuit
[Stamp or Seal] State of Hawai'i
My commission expires: 0q( of za?2
Doc Date: 021�I Boz( #Pages: 15 �1 VL- `. K�„.
Notary Name:m� L-Awe �tytANt3 Circuit �v. OT�"gy•'
Doc.Description: i_i r,Pwye Ag7P-g MGr.1T _Z
f'U BVOF
4
Wary ignaw a ff Date
STATE OF HAWAII )
) ss.
COUNTY OF HAWAII )
On this day of , 2021,before me personally appeared
MING-TANG CHEN,to me known or who has proven to me on the basis of satisfactory
evidence to be the person described in and who executed the foregoing instrument, who,being
duly sworn, did say that he is the Deputy Director for Hawaii Operations of Academia Sinica
Institute of Astronomy and Astrophysics(ASIAA),that said instrument was signed on behalf of
said entity by authority of its President,and that said officer acknowledged said instrument to be
the free act and deed of said entity.
Said instrument, entitled"LICENSE AGREEMENT",consists of pages and
is (not dated)(dated )at the time of this notary certification.
In witness whereof, I have hereunto set my hand and
affixed my official seal on the day and year above written.
(Notary signature)
(Print notary name)
Notary Public
Third Judicial Circuit
[Stamp or Seal] State of Hawai'i
My commission expires:
EXHIBIT "A"
The Property
EXHIBIT "B"
Purchase and Sale Agreement Form; Depiction of Premises
Exhibit i
f
w -
4
Exhibit C
S
a+r
t�
��yy -
Y j b
got4 R r
gig;
Exhibit D
1
�`�IQ
Exhibit E
Layer Name: Agricultural Land Use Maps
Coverage Name: ALUM
Layer Type: Polygon
Status: Complete
Geog. Extent: Main Hawaiian Islands
Projection: Universal Trans Mercator,Zone 4(Meters)
Datum: NAD 83 HARN
Description: Agricultural Land Use Maps for islands of Kauai,Oahu, Maui, Molokai, Lanai and Hawaii.
Source: State Department of Agriculture 1:24,000 hand drafted stabiline maps;compiled and drafted
during 1978-80 from information from State DOA Planning and Development Section,and the
US Soil Conservation Service.
History: Digitized in Arc/Info version 6 using ArcEdit by the Office of State Planning(OSP)from State
Department of Agriculture's 1:24,000 stabiline maps.
Attributes: Polygons:
FID Feature ID
AREA area of polygon (sq. meters)
PERIMETER perimeter of polygon (meters)
COMMODITY Type of Agricultural Land Use or Crop
COMMODITY Definition
A ANIMAL HUSBANDRY
A-1 Grazing
A-2 Dairy
A-3 Hog
A-4 Poultry
F FIELD CROPS
F-1 Vegetables/Melons
F-2 Flowers
F-3 Foliage and Nursery
F-4 Forage and Grain
O ORCHARDS
O-1 Banana
O-2 Papaya
0-3 Macadamia Nuts
0-4 Avocado
O-5 Coffee
O-6 Guava
O-7 Other
Additional Codes entered by OP staff based on aerial photographs:
P Pineapple
Q Aquaculture
S Sugarcane
W Wetlands
Contact: Hawaii Statewide GIS Program,Office of Planning,State of Hawaii,
PO Box 2359, Honolulu, HI 96804; (808)587-2846.
email: gis@hawaii.gov
Andrews, Jessica
From: Kim Chiodo <kim@land planning hawaii.com>
Sent: Friday, February 18, 2022 9:36 AM
To: Andrews,Jessica
Cc: John Pipan
Subject: PL-SPP-2022-000011 Area of use for ASIAA
Hi Jessica,
I just wanted to follow up on this special permit application. The applicant (ASIAA) has leased a 5-acre
portion of the parcel, but is only using 0.5 acres of it for the special use. The rest will be used as ag. The
application form we submitted says that the area of requested use is 5 acres, but it should be 0.5 acres
since the remainder of the leased land will be used for ag. I believe the background report makes that
point clearly.
Let us know if this is an issue.
Thank you,
Kim Chiodo
Project Manager
Land Planning Hawaii
194 Wiwoole St, Hilo, HI 96720
(808) 333-3393
kim@landplanninahawaii.com
IANn'•z. LAND• •_ LANLY"
PL4NNENC; PLANNING R ANNINC�
HAWAII LLC NAWAIf LLC HAWAII LEC.
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity
to whom they are addressed. Please notify the sender immediately by e-mail if you have received this e-mail by
mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing,
copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
Planning Depi,
1 Exhibit --
LAND 194 Wiwoole St. Hilo, HI 96720
PLANNING
LAN p I� G (808) 333-3393
� �I � �1 info@landplanninghawaii.com
_1HAWAII LLC __
March 1, 2022
Mr. Jeff Darrow, Deputy Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Additional Information for Special Permit Application
(PS-SPP-2022-000011)
Applicant: ASIAA
Pahala, Kau, Hawaii, TMK: (3) 9-6-008: 067
In response to Planning Department staff emailed correspondence of February 25, please see the
following additional information relating to potential Federal Communications Commission
(FCC)requirements.
From FCC Equipment Authorization Approval Guide (fcc.gov/oet/ea/rfdevice): The FCC
regulates the radio frequency (RF) devices contained in electronic-electrical products that are
capable of emitting radio frequency energy by radiation, conduction, or other means.
There will be no transmission of radio signals from the proposed antenna array. The array is
solely listening for very faint deep space sources of Fast Radio Bursts. In fact, the proposed site
was selected in part due to the radio quiet surrounding area. FCC regulations relating to radio
astronomy are designed to protect certain wavelengths from manmade sources of radio frequency
energy to allow for study of natural phenomena that emit radio frequency energy.
All equipment used at the proposed facility will be either"off the shelf' components approved
by the FCC or evaluated for compliance with FCC regulations if any custom electronics are used.
Additionally, for standard data processing and storing equipment, the Applicant will utilize an
RFI shielded rack inside the site container(which is another layer of shielding itself) so that the
sensitive antennas do not detect incidental emissions from those devices.
If you have any questions relating to this matter please let me know. Thank you very much.
Sincerely,
JOHN PIPAN
Planning Administrator
Planning Dept.
Exhibit I
Mori, Ashley
From: Harada, Bryce
Sent: Monday, February 28, 2022 3:56 PM
To: Planning Internet Mail; Andrews, Jessica
Subject: DPW-ENG Comments - PL-SPP-2022-000011
Attachments: DPW-ENG Comments - PL-SPP-2022-000011.pdf
Hi Jessica,
Attached is a copy of DPW-EKG's comments for the Special Application, PL-SPP-2022-000011, located at TMK: 9-6-
008:067. A hardcopy will not be provided.
Should you have any questions, please let us know.
Thank you,
Bryce
Bryce Harada, P.E.
County of Howai'i-Department of Public Works
Engineering Division, Regulatory Section
Aupuni Center, 101 Pauahi Street, Suite 7
Hilo, HI 96720
Tel: (808) 961-8042
E-Mail: B.Lyce..lh.i_�r�d���_h_�v�gjicolant . py
Planning Dept.
1 Exhibit 2
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAII
DATE: February 17, 2022
ftoxft"464W
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: SPECIAL PERMIT APPLICATION (PL-SPP-2022-000011)
Applicant: Academia Sinica Institute of Astronomy and Astrophysics
(AS IAA)
Request: Temporary Operation of an Array of Satellite Dishes to
Conduct Research on Fast Radio Bursts (FRBs)
TM K: 9-6-008:067
We have reviewed the subject application forwarded by your memo dated February 17,
2021, and provide the following comments-
1.
omments:1. All earthwork activity, including grading, grubbing, and stockpiling, shall conform
to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code.
2. All driveway connections and construction within the North and Center Road Right-
of-Way shall conform to Chapter 22, County Streets, of the Hawaii County Code.
Access to North and Center, including the provision of adequate sight distances,
shall meet with the approval of the Department of Public Works, Engineering
Division.
3. All development-generated runoff shall be disposed of on site and not directed
toward any adjacent properties. A drainage plan may be required by the Plan
Approval process in accordance with Section 25-2-72(3) of the Hawaii County
Code.
4. The subject parcel is in an area designated as Flood Zone X on the Flood
Insurance Rate Map (FIRM) by the Federal Emergency Management Agency
(FEMA). Zone X is an area determined to be outside the 500-year floodplain.
Questions may be referred to Bryce Harada at 961-8042.
County of Hawaii is an Equal Opportunity Provider and Employer
[El
DEPARTMENT 4F WATER SUPPLY CaIJNTY OF HAWAII
345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808)961-8050 • FAX X808)961-8657
March 17, 2022
COH PLANNING DEPT
MAR 18 2022 Pm2:56
TO: Mr. Tendo Kern. Director RECD HAND DELIVERED
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Special Permit Application (SPP 2022-000011)
Applicant—Academia Sinica Institute of Astronomy and Astrophysics (ASIAA)
Request—Temporary Operation of an Array of Satellite Dishes to Conduct
Research on Fast Radio Bursts (FRSs)
Tax Map Key 9-6-008:067
We have reviewed the subject application and have the following comments and conditions.
Please be informed that the subject property is not within the service limits of the Department's
existing water system facilities.
Therefore, the Department's existing water system facilities cannot support the proposed development
at this time. Extensive improvements and additions, which may include,but not be limited to source,
storage, booster pumps, transmission, and distribution facilities, would be required.
Should there be any questions,please contact Mr. "Troy Samura of our Water Resources and
Planning Branch at (808) 961-8070, extension 255.
Sincerely yours,
wm4ft Ao�)
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy—Academia Sinica Institute of Astronomy and Astrophysics (ASIAA)
Planning Dept.
Exhibit 3
Water, Our Wost Precious Wsource. . . Ka WaiA x¢ne. . .
The Department of Water Supply is an Equal Opportunity provider and employer.
Mitchell D. Roth Ramzi Ramzi 1.Mansour
Mayor ;. Director
Lee E. Lord '. Brenda D. lokepa-Moses
Managing Director Deputy Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao'a Street,Suite 41- Hilo, Hawai'i 96720
Ph:(808)961-8083 • Fax: (808)961-8086
Email: cohdem@hawaiicounty.gov
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Direfory� •��_
Department of Environme al Management
DATE: February 25, 2022
SUBJECT: Special Permit Application(PL-SPP-2022-000011)
Applicant: Academia Sinica Institute of Astronomy and Astrophysics (ASIAA)
Request: Temporary Operation of an Array of Satellite Dishes to Conduct
Research on Fast Radio Bursts (FRBs)
Tax Map Key: (3) 9-6-008:067
The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Solid Waste Division for details):
(X) No comments.
( ) Commercial operations, State and Federal agencies, religious entities and non-profit
organization may not use transfer stations for disposal.
( ) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
( ) Ample and equal room should be provided for rubbish and recycling.
( ) Green waste may be transported to the green waste sites located at the West Hawaii
Organics Facility and East Hawaii Organics Facility, or other suitable diversion
programs.
( ) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
( ) Other:
Planning Dept.
Exhibit 4
County of Hawaii is an Equal Opportunity Provider and Employer
Ramzi I. Mansour, Director
February 25, 2022
Page 2
The Wastewater Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Wastewater Division for details):
( ) No comments.
( ) Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawaii County Code. Complete Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
( ) Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer
study in accordance with the applicable wastewater system design standards prior to
approval to connect to the County sewer system. Applicant shall provide such sewer line
or other facility improvements as the Director of DEM may reasonably require, which the
sewer study may indicate are advisable for mitigation of impacts of the proposed project.
Contact Wastewater Division Chief for details.
( ) Proposed activity may be subject to existing or future federal, state, or county regulation
under Title 40 CFR 403.5,prohibiting discharge of certain pollutants into publicly owned
treatment works. Contact the Hawaii Department of Health for information regarding
pretreatment standards.
(X) Applicant shall follow Department of Health regulations due to no County sewer system
in area.
( ) Other:
RM:pls
2
Tr- koL
4{1�'F' Fr1 FIN11&WILDLIFE
United States Department of the Interior SURVIVE
FISH AND WILDLIFE SERVICE
Pacific Islands Fish and Wildlife Office
300 Ala Moana Boulevard, Room 3-122
Honolulu,Hawaii 96850
In Reply Refer To: March 1 5,, 2022
2022-0017411.57.001
Jeffrey W. Darrow
Deputy Planning Director
County of Hawai`i
Planning Department
East Hawaii Office
101 Pauah1 Street, Suite 3
Hilo, Hawaii 96720
Subject: Response to request for comments for Academia Sinica Institute of Astronomy
and Astrophysics Special Permit Application for Satellite Dish Installations,
Pahala, Hawai`i
Dear Jeffrey W. Darrow:
Thank you for your recent correspondence requesting comments for the proposed project. The
Pacific Islands Fish and Wildlife Office (PIFWO) of the U.S. Fish and Wildlife Service (Service)
appreciates your efforts to avoid or minimize effects to protected species associated with your
proposed actions. We provide the following information for your consideration under the
authorities of the Endangered Species Act{ESA} of 1973 (16 U.S.C. 1531 el seq.), as amended.
Due to significant workload constraints, PIFWO is currently unable to specifically address your
information request. Enclosures I and 2 below lists the protected species most likely to be
encountered by projects implemented within the Hawaiian Islands. Based on your project
location and description,we have noted which species are most likely to occur within the vicinity
of the project area, in the `Occurs In or Near Project Area' column. Please note this list is not
comprehensive and should only be used for general guidance. We have included recommended
biosecurity protocols (Enclosure 3) and conservation measures to avoid adverse effects to
federally listed species (Enclosure 4).
If you are representing a Federal action agency, please contact us for an official species list. You
can find out if your project occurs in or near designated critical habitat here:
https://ecos.fws.gov/ipac/.
INTERIOR REGION 9 INTERIOR REGION 12
COLUMBIA—PACIFIC NORTHWEST PACIFIC ISLANDS
IDAHO. MONTANA*. OR-GON'. WASHINGTON AMERICAN SkMOA, GUAM. HAWAII. NORTHERN
'PARTIAL MARIANA ISLANDS
Planning Dept.
Exhibit 5
Jeffrey W. Darrow 2
Under section 7 of the ESA, it is the Federal agency's (or their nonfederal designee)
responsibility to make the determination of whether or not the proposed project"may affect"
federally listed species or designated critical habitat. A"may affect, not likely to adversely
affect" determination is appropriate when effects to federally listed species are expected to be
discountable(i.e.,unlikely to occur), insignificant(minimal in size), or completely beneficial.
This conclusion requires written concurrence from the Service. If a "may affect, likely to
adversely affect" determination is made,then the Federal agency must initiate formal
consultation with the Service. Projects that are determined to have"no effect" on federally listed
species and/or critical habitat do not require additional coordination or consultation.
Implementing the avoidance, minimization, or conservation measures for the species that may
occur in your project area will normally enable you to make a"may affect, not likely to
adversely affect" determination for your project. If it is determined that the proposed project may
affect federally listed species,we recommend you contact our office early in the planning
process so that we may assist you with the ESA compliance. If the proposed project is funded,
authorized, or permitted by a Federal agency, then that agency should consult with us pursuant to
section 7(a)(2)of the ESA. If no Federal agency is involved with the proposed project,and take
of listed species would occur,the applicant should apply for an incidental take permit under
section 10(a)(1)(B)of the ESA. A section 10 permit application must include a habitat
conservation pian that identifies the effects of the action on listed species and their habitats and
defines measures to minimize and mitigate the take.
We appreciate your efforts to conserve endangered species. We regret that we cannot provide
you with more specific protected species information for your project site. If you have questions
that are not answered by the information on our website, you can contact PIFWO at(808) 792-
9400 and ask to speak to the lead biologist for the island where your project is located.
Sincerely,
L[N DSY digitally signed by
LINDSY ASMAN
Date:
8-; 5ASMAN s4azo 00
Island Team Manager
Pacific Islands Fish and Wildlife Office
Enclosures (4): Federal Status and Presence of Animal Species
Federal Status and Presence of Plant Species
PIFWO Invasive Species Biosecurity Protocols
Avoidance and Minimization Measures for Federally Listed Species
Jeffrey W. Darrow 3
The tables below lists the protected species most likely to be encountered by projects
implemented within the Hawaiian Islands. For your guidance,we have marked species that may
occur in the vicinity of your project,this list is not comprehensive and should only be used for
general guidance.
Enclosure 1. Federal Status and Presence of Animal Species
Scientific Name Common Name l Federal May Occur
Hawaiian Name Status In Praiect
Area
Mammals
Lasiurus cinereus semotus Hawaiian hoary E ❑x
bat/`a e`a e`a
Reptiles
Chelonia rnydas green sea turtle/hone T ❑
- Central North Pacific
distinct population segment
(DPS)
F.relrnochelys imbricala hawksbill sea turtle/ E ❑
honu `ea or`ea
Birds
Anas wyvilliana Hawaiian ducklkoloa E ❑
Brantasarr(Mcensis Hawaiian goose/neve T ❑p
Fulica alai Hawaiian coot/`alae E ❑x
ke`oke`o
Gallimrla galeala Hawaiian gallinulePalae E ❑
sandvicensis `ula
Hirnantopus mexicanus Hawaiian stilt/ae`o E x❑
knudseni
Oceanodroma castro band-rumped storm-petrel E x❑
Hawai`i DPS/`ake`ake
Plerodroma sandwichensis Hawaiian petrel/`ua`u E
Pzr n is auricularis newelli Newell's shearwater/`a`o T ❑x
Ardenna pac f cus wedge-tailed MBTA Cl
shearwater/`ua`u kani
Buleo solitarius Hawaiian hawk/`io MBTA ❑x
Gygis alba white tern/manu-o-ku MBTA ❑
Insects
Manduca blacl burin Blackburn's sphinx moth E ❑p
Mega lag riorr pac•ifrczrrn Pacific Hawaiian damselfly E ❑
Megalugrion xanthomelas orangeblack Hawaiian E ❑
damselfly
Megalagrion nigroharnatum blackline Hawaiian E ❑
rri rolinealum I damselfly
Jeffrey W. Darrow 4
Enclosure 2. Federal Status and Presence of Plant Species
Plants
Scientific Name Common Name Federal Locations May,
or Status Occur In
Hawaiian Name Proiect
Area
Abutilon men.:iesii ko`oloa`ula E 0,L, M, H ❑
Achyranthes splendens gar. `ewa hinahina E 0 ❑
rotundata
Bonamia men�iesii no common name E K,0,L, M,H (71
Conavalia pubescens `awikiwiki E Ni, K,L, M ❑
Cohibrina oppo.sitrfolia kauila E 0,M, H ❑
Cti perars trach)°santho.s pu`tika`a E K,0 ❑
Gowania hillebrandii no common naive E Mo,M ❑
Hibi.scils brackenridgei ma`o hau hele E 0,Mo, L. M, H ❑
I.schaemum byrone Hilo ischaemum E K,O, Mo,M, H ❑
Lsodendrion pyrifolium wahine noho kula E 0,H ❑
Marsilea villosa `ihi`ihi E Ni, O,Mo ❑
Mezoneuron kavaiense uhiuhi E 0,1_1 ❑
Nothocestrum breviflorum `aiea E H ❑
Panictrm fauriei gar. Carter's panicgrass E Molokini Islet (0), ❑
carteri Mo
1'anicum niihauense lau`ehu E K ❑
Pencedannin sandwicense makou E K,0,Mo,M ❑
Pleomele (Chrysodracon) halapepe E H ❑
hawaiiensis
Portulaca sclerocarpa `ihi E L, H ❑
Porfulaca villosa `ihi E Le,Ka,Ni, O,Mo, M, ❑
L,H,Nihoa
Pritchardia affinis loulu E H ❑
maideniana
Pseudognaphalium ena`ena E Mo,M ❑
sandwicensium gar.
molokaiense
Scaevola coriacea dwarf naupaka E Mo,M ❑
Schenkia(Centaurium) `awiwi E K,O,Mo,L,M ❑
sebaeoides
Sesbania tomentoso `ahai E Ni, Ka, K, O, Mo, M, ❑
L, H,Necker, Nihoa
7etramolopium rockii no common name T Ma ❑
Vigna o-wahtrensis no common name E Mo,M, L, H, Ka ❑
Location key: 0=0`ahu, K=Kauai, M=Maui, H=island of Hawaii, L=Lanai, Mo=Molokai,
Ka=Kaho`olawe,Ni=Niihau, Le=Lehua
Jeffrey W. Darrow 5
Enclosure 3. PIFWU Invasive Species Biosecuritv Protocols (Updated February 2022)
Project activities may introduce or spread invasive species,causing negative ecological
consequences to new areas or islands, resulting in potential impacts to fish,wildlife, and their
habitat. For example, seeds of invasive plant species (e.g., Chromolaena odorala,Senecio
madagascariensis, (' athea cooperi, or Miconia calvescens)can be inadvertently transported on
equipment from a previous work site to a new site where the species are not present. Likewise,
equipment used in an area infected with a pathogen or insect pest that can have ecological
consequences(e.g., rapid `ahi`a death(Ceratocystis spp.),black twig borer(Xylosandrus
compactus),or naio thrips (Klomhothrips myoporr), if not properly decontaminated, can act as a
vector to introduce the pathogen into a new area. Additionally, vehicles must be properly
inspected and cleaned to ensure vertebrate or invertebrate pests do not stowaway and spread to
other areas. These are just a few examples of how even well-intended project activities may
inadvertently introduce or spread invasive species.
To avoid and minimize invasive species potential impacts to fish,wildlife, and their habitat we
recommend incorporating general biosecurity protocols into your project planning(see below).
Additionally, your project occurs in a geographic area and/or involves activities that risk
spreading the following specific invasive species: the fungal pathogen that causes rapid `ahi`a
death(Ceratoeystis spp.)and Iittle fire ant(Wasmannia auropunctata). Therefore,we
recommend including additional protocols specific to those invasive species as described below.
Additional consultation is recommended if project activities involve transportation of materials,
equipment,vehicles, etc. between islands or transpacific movement of materials or equipment.
Invasive Species Biosecurity Protocol
The following biosecurity protocol is recommended to be incorporated into planning for your
project to avoid or minimize transportation of invasive species with potential to impact to fish,
wildlife, and their habitat. CIeaning, treatment, and/or inspection activities are the responsibility
of the equipment or vehicle owner and operator. However, it is ultimately the responsibility of
the action agency to ensure that all project materials,vehicles, machinery, equipment, and
personnel are free of invasive species before entry into a project site. Please refer to the resources
listed below for current removal/treatment recommendations that may be relevant to your
proj ect.
1. Cleaning and treatment:
Project applicants should assume that all project materials (i.e., construction materials, or
aggregate such as dirt, sand, gravel, etc.), vehicles,machinery, and equipment contain
dirt and mud, debris, plant seeds, and other invasive species, and therefore require
thorough cleaning. Treatment for specific pests, for example,trapping and poison baiting
for rodents, or baiting and fumigation for insects, should be considered when applicable.
For effective cleaning we offer the following recommendations prior to entry into a
project site:
a. Project materials,vehicles, machinery, and equipment must be pressure washed
thoroughly (preferably with hot water) in a designated cleaning area. Project
materials,vehicles, machinery, and equipment should be visibly free of mud/dirt
Jeffrey W. Darrow 6
(excluding aggregate), seeds, plant debris, insects, spiders, frogs (including frog
eggs),other vertebrate species (e.g.,rodents,mongoose, feral cats, reptiles, etc.),
and rubbish. Areas of particular concern include bumpers, grills, hood
compartments,wheel wells, undercarriage, cabs, and truck beds. Truck beds with
accumulated material are prime sites for hitchhiking invasive species.
b. The interior and exterior of vehicles, machinery, and equipment must be free of
rubbish and food,which can attract pests (i.e.,rodents and insects). The interiors
of vehicles and the cabs of machinery should be vacuumed clean particularly for
any plant material or seeds.
2. Inspection:
a. Following cleaning and/or treatment,project materials, vehicles, machinery, and
equipment, must be visually inspected by its user, and be free of mud/dirt
(excluding aggregate), debris, and invasive species prior to entry into a project
site. For example,careful visual inspection of a vehicle's tires and undercarriage
is recommended for any remaining mud that could contain invasive plant seeds.
b. Any project materials, vehicles,machinery, or equipment found to contain
invasive species (e.g.,plant seeds, invertebrates, rodents,mongoose, cats, reptiles,
etc.)must not enter the project site until those invasive species are properly
removed/treated.
3. For all project site personnel:
a. Prior to entry into the project site, visually inspect and clean your clothes, boots or
other footwear,backpack,radio harness, tools and other personal gear and
equipment for insects, seeds, soil, plant parts, or other debris. We recommend the
use of a cleaning brush with sturdy bristles. Seeds found on clothing, footwear,
backpacks, etc.,should be placed in a secure bag or similar container and
discarded in the trash rather than being dropped to ground at the project site or
elsewhere.
4. Additional considerations:
a. Consider implementing a Hazard Analysis and Critical Control Point(HACCP)
plan (littps://www.fws.gov/policy/A 1750fxv l.litml)to improve project planning
around reducing the risk of introducing or spreading invasive species.
b. Avoid unnecessary exposure to invasive species at a particular site (to the extent
practical)to reduce contamination and spread. For example, if your project
involves people or equipment moving between multiple locations, plan and
organize timelines so that work is completed in native habitat prior to working in
a disturbed location to reduce the likelihood of introducing a pest into the native
habitat.
c. Maintain good communication about invasive species risks between project
managers and personnel working on the project site(e.g., conduct briefings and
training about invasive species). Ensure prevention measures are communicated
to the entire project team. Also consider adding language on biosecurity into
contracts or permitting mechanisms to provide clarity to all involved in the
Jeffrey W. Darrow 7
project. Report any species of concern or possible introduction of invasive species
to appropriate land managers.
For current removal/treatment recommendations please refer to the Big Island Invasive Species
Committee website: https://www.biisc.org_/.
Species-Specific Biosecurity Protocols
Rapid °Ohi`a Death (ROD)
Rapid `Ohi`a Death(ROD) is a caused by a fungal pathogen (C'eralocystis spp.)that attacks and
kills `ohi`a trees (Metrosideros polymorpha). `Ohi`a is endemic to the Hawaiian Islands and is
the most abundant native tree species, comprising approximately 80 percent of Hawai`i's
remaining native forests.
For more information about ROD including its current distribution, ROD science updates, and
the latest on ROD protocol,please visit www.rapidoliiadeatli.org—
To reduce the risk of spreading ROD, the following best management practices and
decontamination protocol are recommended:
Best Management Practices for ROD
1. Never transport any part of an `ohi`a tree between different areas of an island or to a
different island.
2. Do not use equipment from ROD infected islands on another island unless it is very
specialized equipment and follows the decontamination protocol described below.
3. Avoid wounding `ohi`a trees and roots with mowers, chain saws, weed eaters, and other
tools. If an `ohi`a receives a minor injury like a small broken branch,then give the injury
a clean,pruning-type cut(close to the main part of the trunk or branch)to promote
healing, and then spray the entire wounded area with a pruning seal.
4. Always report suspect ROD `ohi`a trees observed within you project area. ROD is a wilt
disease that cuts off the supply of water and nutrients to the tree. The primary symptom
to look for is an entire canopy or a large branch with dying leaves or red discolored
leaves. Please record the GPS coordinates and location and take a picture of the tree if
possible. Please report suspected ROD '6h]'a trees to Big island Invasive Species
Committee(BIISC): 808-969-8268 (ohialove@7a hawaii.edu)
ROD Decontamination Protocol
1. Clothes, footwear, backpacks, and other personal equipment
a. Before leaving the project site,remove as much mud and other contaminants as
possible. Use of a brush with soap and water to clean gear is preferred. Footwear,
backpacks, and other gear must be sanitized by spraying with a solution of X70
percent isopropyl alcohol or a freshly mixed 10 percent bleach solution.
Jeffrey W. Darrow 8
2. Vehicles, machinery, and other equipment
a. Vehicles,machinery, and other equipment must be thoroughly hosed down with
water(pressure washing preferred) and visibly free of mud and debris, then
sprayed with a solution of X70 percent isopropyl alcohol or a freshly mixed 10
percent bleach solution. Use of a "pump-pot" sprayer is recommended for the
solution and a hot water wash is preferred. Be sure to thoroughly clean the
undercarriage, truck bed,bumpers, and wheel wells.
b. If non-decontaminated personnel or items enter a vehicle,then the inside of the
vehicle(i.e., floor mats, etc.)must be subsequently decontaminated by removing
mud and other contaminants and sprayed with the one of the same aforementioned
sanitizing solutions.
3. Cutting tools
a. All cutting tools, including machetes, chainsaws,and Toppers must be sanitized to
remove visible mud and other contaminants. Tools must be sanitized using a
solution of>70 percent isopropyl alcohol or a freshly mixed 10 percent bleach
solution. One minute after sanitizing, one may apply an oil-based lubricant to
chainsaw chains or other metallic parts to prevent corrosion as bleach is corrosive
to metal.
NOTE; When using a 10 percent bleach solution, surfaces should be cleaned with a
minimum contact time of 30 seconds. BIeach must be mixed daily and used within 24
hours, as once mixed it degrades. Bleach will not work to disinfect surfaces that have
high levels of organic matter such as sawdust or soil. Because bleach is also corrosive to
metal, a water rinse after proper sanitization is recommended to avoid corrosion.
Little Fire Ant(,LFA]
The little fire ant(Wasmannia auropunetata), or LFA, is an invasive species with a painful stung
that can inhabit many different environments. In Hawaii, it often infests agricultural fields and
farms, damaging crops and stinging unsuspecting workers. Little fire ants are also highly
disruptive to native tropical ecosystems and harmful to wildlife. Slow moving,but tiny and
capable of foraging 24 hours a day with multiple queens per colony, LFA is a formidable threat
to biodiversity, agriculture, and quality of life on tropical islands in the Pacific.
For more information about LFA including helpful guides and workshops for treating or
detecting LFA, please visit www.littleftreants.com. To reduce the risk of spreading LFA, the
following biosecurity protocol is recommended:
Biosecurity Protocol for LFA
1. For projects involving plants from nurseries (e.g.,outplanting activities,etc.), all plants
should be inspected for little fire ants and other pests prior to being transported to the
project site. If plants are found to be infested by ants of any species, plants should be
sourced from an alternative nursery and the infested nursery should follow treatment
Jeffrey W. Darrow 9
protocols recommended by the Hawaii Ant Lab (h!Ws://Iittlefireants.com/wp-
contenduploads!2020-Management-of-Pest-A nts-in-Nurseries-min.pdf}.
2. All work vehicles, machinery, and equipment should follow steps 1 and 2 in the
"Invasive Species Biosecurity Protocol" for(1) cleaning and treatment and(2) inspection
for invasive ants prior to entering a project site.
3. Any machinery, vehicles, equipment, or other supplies found to be infested with ants (or
other invasive species)must not enter the project site until it is properly treated
(https://Iittlefireants.com/how-to-treat-for-little-fire-ants-for-
homeowners/#recommended-bait-products)and re-tested. Infested vehicles must be
treated following recommendations by the Hawaii Ant Lab
(https:!/Iittlefireants.coin/resotirce-center/)or another ant control expert and in
accordance with all State and Federal laws. Treatment is the responsibility of the
equipment or vehicle owner. Ultimately however, it is the responsibility of the action
agency to ensure that all project materials,vehicles, machinery, and equipment follow the
appropriate protocol(s).
4. General Vehicle Ant Hygiene: Even the cleanest vehicle can pick up and spread little fire
ant. Place MaxForce Complete Brand Granular lnsect Bait(1.0 percent Hydramethylnon;
https:Hlabeisds.com/images/user_uploads/Maxforce%20Complete%2oLabel%201-5-
18.pdt) into refillable tamper resistant bait stations. An example of a commercially
available refillable tamper resistant bait station is the Ant Cafe Pro
(https:!/www.antcafe.corn!). Place a bait station (or stations) in the vehicle and note that
larger vehicles, such as trucks, may require multiple stations. Monitor bait stations
frequently (every week at a minimum)and replace bait as needed. If the bait station does
not have a sticker to identify the contents, apply a sticker listing contents to the station.
5. Gravel, building materials, or other equipment such as portable buildings should be
baited using MaxForce Complete Brand Granular Insect Bait(1.0 percent
Hydramethylnon;
https:li]abetsds.com/images/user_uploads/Maxforce%20Complete%20Labet%201-5-
l8.pdfj or AmdroPro(0.73 percent Hydramethylnon;
https://corrnpest.com/labels/AMDROPRO.pdf)following label guidance.
5. Storage areas that hold field tools, especially tents, tarps, and clothing should be baited
using MaxForce Complete Brand Granular Insect Bait(1.0 percent Hydramethylnon;
https://Iabeisds.com/ima�,es!tiser_riploadslMaxforce%20Complete%20Labei%201-5-
18.pdt) or AmdroPro(0.73 percent Hydramethylnon;
Mips://cprrnpest.corn!labelslAMDRQPRQ.pdf)following label guidance.
7. Vehicles that have entered a project site known or thought to overlap with areas infested
with LFA should subsequently be tested for LFA with baiting in accordance with
protocol recommended by the Hawaii Ant Lab (https:l/Iittlefireants.com/survey-your-
home-for-lfa/).
8. If LFA are detected, please report it to 808-643-PEST(Hawai`i), 571-475-PEST(Guam),
or 584-699-1575 (American Samoa). Please visit littps:!/littlefireants.com!identification-
of-little-fire-ants/for assistance in identifying LFA.
Jeffrey W. Darrow 10
Enclosure 4. Avoidance and Minimization Measures for Federally-Listed Species
Hawaiian hoary hat
The Hawaiian hoary bat roosts in woody vegetation across all islands and will leave their young
unattended in trees and shrubs when they forage. If trees or shrubs 15 feet or taller are cleared
during the pupping season, June l through September 15, there is a risk that young bats could
inadvertently be harmed or killed, since they are too young to fly or move away from
disturbance. Hawaiian hoary bats forage for insects from as low as 3 feet to higher than 500 feet
above the ground and can become entangled in barbed wire used for fencing.
To avoid and minimize impacts to the endangered Hawaiian hoary bat we recommend you
incorporate the following applicable measures into your project description:
• Do not disturb,remove, or trim woody plants greater than 15 feet tall during the bat
birthing and pup rearing season (June 1 through September 15).
• Do not use barbed wire for fencing.
Hawaiian petrel ,Newell's shearwater, and Hawaii Distinct Population Segment of the
band-rumped storm-petrel
Hawaiian seabirds may traverse the project area at night during the breeding, nesting and
fledging seasons (March 1 to December 15). Outdoor lighting could result in seabird
disorientation, fallout, and injury or mortality. Seabirds are attracted to lights and after circling
the lights they may become exhausted and collide with nearby wires, buildings, or other
structures or they may land on the ground. Downed seabirds are subject to increased mortality
due to collision with automobiles, starvation, and predation by dogs, cats, and other predators.
Young birds (fledglings)traversing the project area between September 15 and December 15, in
their first flights from their mountain nests to the sea, are particularly vulnerable to light
attraction.
To avoid and minimize potential project impacts to seabirds we recommend you incorporate the
following measures into your project description:
• fully shield all outdoor lights so the bulb can only be seen from below.
• Install automatic motion sensor switches and controls on all outdoor lights or turn off
lights when human activity is not occurring in the lighted area.
• Avoid nighttime construction during the seabird fledging period, September 15 through
December 15.
Hawaiian goose
The Hawaiian goose is found on the islands of Hawaii, Maui, Molokai, and Kauai. They are
observed in a variety of habitats, but prefer open areas, such as pastures, golf courses,wetlands,
natural grasslands and shrublands, and lava flows. Threats to the species include introduced
mammalian and avian predators, wind facilities, and vehicle strikes.
To avoid and minimize potential project impacts to the Hawaiian goose, we recommend you
incorporate the following measures into your project description:
• Do not approach, feed, or disturb the Hawaiian goose.
Jeffrey W. Darrow 11
• If a Hawaiian goose is observed loafing or foraging within the project area during the
breeding season (September through April), have a biologist familiar with their nesting
behavior survey for nests in and around the project area prior to the resumption of any
work. Repeat surveys after any subsequent delay of work of 3 or more days (during
which the birds may attempt to nest).
• Cease all work immediately and contact the Service for further guidance if a nest is
discovered within a radius of 150 feet of proposed project, or a previously undiscovered
nest is found within the 150-foot radius after work begins.
o In areas where Hawaiian geese are known to be present, post and implement
reduced speed limits, and inform project personnel and contractors about the
presence of endangered species on-site.
Hawaiian stilt and Hawaiian coot
Hawaiian waterbirds are currently found in a variety of wetland habitats including freshwater
marshes and ponds, coastal estuaries and ponds, artificial reservoirs, C olocasia esculenla(kala
or taro)lo`i or patches, irrigation ditches, sewage treatment ponds, and in the case of the
Hawaiian duck, montane streams, and marshlands. Hawaiian stilts may also be found wherever
ephemeral or persistent standing water may occur. Threats to these species include non-native
predators, habitat loss, and habitat degradation.
Based on the project details provided,your project may result in the creation of standing water or
open water that could attract Hawaiian waterbirds to the project site. In particular, the Hawaiian
stilt is known to nest in sub-optimal locations (e.g., any ponding water), if water is present.
Hawaiian waterbirds attracted to sub-optimal habitat may suffer adverse impacts, such as
predation and reduced reproductive success, and thus the project may create an attractive
nuisance. Therefore,we recommend you work with our office during project planning so that we
may assist you in developing measures to avoid impacts to listed species (e.g., fencing,
vegetation control, predator management).
To avoid and minimize potential project impacts to Hawaiian waterbirds we recommend you
incorporate the following measures into your project description:
• In areas where waterbirds are known to be present,post and implement reduced speed
limits,and inform project personnel and contractors about the presence of endangered
species on-site.
• Have a biological monitor that is familiar with the species' biology conduct Hawaiian
waterbird nest surveys where appropriate habitat occurs within the vicinity of the
proposed project site prior to project initiation. Repeat surveys again within 3 days of
project initiation and after any subsequent delay of work of 3 or more days (during which
the birds may attempt to nest). If a nest or active brood is found:
• Contact the Service within 48 hours for further guidance.
o Establish and maintain a IDU-foot buffer around all active nests and/or broods
until the chicks/ducklings have fledged. Do not conduct potentially disruptive
activities or habitat alteration within this buffer.
o Have a biological monitor that is familiar with the species' biology present on
the project site during all construction or earth moving activities until the
Jeffrey W. Darrow 12
chicks/ducklings fledge to ensure that Hawaiian waterbirds and nests are not
adversely impacted.
Blackburn's sphinx moth
The adult Blackburn's sphinx moth feeds on nectar from native plants, including Ipomoea pes-
caprae (beach morning glory), Phinihago zeylanica(`ilie`e}, Capparis sandwichiana(maiapilo),
and others. Blackburn's sphinx moth larvae feed on nonnative Nicntiana glauca(tree tobacco),
and native, federally listed,Nothocestrum spp. (`aiea). To pupate,the larvae burrow into the soil
and can remain in a state of torpor for a year or more before emerging from the soil. Soil
disturbance can result in death of the pupae.
We offer the following survey recommendations to assess whether the Blackburn's sphinx moth
occurs within the project area:
• A biologist familiar with the species should survey areas of proposed activities for
Blackburn's sphinx moth and its larval host plants prior to work initiation.
o Surveys should be conducted during the wettest portion of the year(usually
November-April or several weeks after a significant rain)and within 4-6 weeks
prior to construction.
o Surveys should include searches for adults, eggs, larvae, and signs of Iarval
feeding(chewed stems, frass, or leaf damage).
❑ If moths, eggs, larvae, or native aiea or tree tobacco over 3 feet tall, are found
during the survey, please contact the Service for additional guidance to avoid
impacts to this species.
If no Blackburn's sphinx moth, `aiea, or tree tobacco are found during surveys, it is imperative
that measures be taken to avoid attraction of Blackburn's sphinx moth to the project location and
prohibit tree tobacco from entering the site. Tree tobacco can grow greater than 3 feet tall in
approximately 6 weeks. If it grows over 3 feet, the plants may become a host plant for
Blackburn's sphinx moth. We therefore recommend that you:
• Remove any tree tobacco less than 3 feet tall.
• Monitor the site every 4-6 weeks for new tree tobacco growth before, during, and after
the proposed ground-disturbing activity.
o Monitoring for tree tobacco can be completed by any staff, such as groundskeeper
or regular maintenance crew, provided with picture placards of tree tobacco at
different life stages.
S12ANWE Il.CASE
DAVIDI-JCE snARDoru�-o�Dt��nnALREsaLRCEs
CiUt 1AtiUR VF IIA��".Sll .(� R 19 5 g MAMISSION OK WATER RESOURCE MANAGEMENT
ROBERT K.NrASLDA
FlRSIPEPLTy
\E kALEO MA.\L'EL
DEPL'TYMEMK-WATER
A
QUATICRESOURCES
1 eoAeLRFAU CF M RECREATION
COMMI&SMN ON WATERRESOU'RCE?MANAUEMENT
STATE OF HAWAII
HAVIA�� CON SER%"Ana"AND COAWAL LAI DS
DEPARTMENT OF LAND AND NATURAL RESOURCES `°h "A"�AND RESOURCES ORRfEa4EttT
LTM
DIVISION OF FORESTRY AND WILDLIFE FMr�sr�PU�� N''TPO
1151 PUNCHBOWL STREET,ROOM 325 KMOOIAwr ISLA.\D RESERVE cov"SSION
L2'
HONOLULU,HAWAII 96813 STATE PARr:s
March 31, 2022
MEMORANDUM Log no. 3549
TO: RUSSELL Y. TSUJI, Land Administrator
Land Division
FROM: DAVID G. SMITH, Administrator
Division of Forestry and Wildlife
SUBJECT: Division of Forestry and Wildlife Comments for the Special Permit
Application (SPA) Requesting the Temporary Operation of an Array of
Satellite Dishes to Conduct Research on Fast Radio Bursts (FRSs)on Hawaii
Island
The Department of Land and Natural Resources,Division of Forestry and Wildlife(DOFAW)has
received your request for comments regarding the SPA (PL-SPP-2022.000011) requesting the
temporary operation of an array of satellite dishes to conduct research on FRBs in a 5-acre portion
of a parcel located at 96-1048 Center Road in the Wood Valley Homestead Lots in Pahala, Ka'u,
on the island of Hawaii; TMK: (3) 9-6-008:06T The proposed project consists of building a
temporary array of ten satellite dishes with two storage containers, one catchment tank, and one
port-a-potty on approximately 0.5 acres. The remaining 4.5 acres will be used for agricultural
purposes. The property totals 21.80 acres and is zoned Agricultural 24-acnes (20-A).
We appreciate and concur with the measures outlined in the SPA to minimize the movement of
plant and soil material to prevent the spread of invasive species. DOFAW provides the following
additional comments regarding the potential for the proposed work to affect listed species in the
vicinity of the project area.
To prevent the spread of Rapid `Ohi`a Death (ROD), if `6hi`a trees are present and will be
removed, trimmed, or potentially injured DOFAW requests that the information and guidance at
the following website be reviewed and followed: haps;//cros.ctalir.liawaii.edu/rod.
The State listed Hawaiian Hoary Bat or `Ope`ape`a(Lasiurus cinereas semotirs)could potentially
occur in the vicinity of the project area and may roost in nearby trees. Any required site clearing
should be timed to avoid disturbance to bats during their birthing and pup rearing season (June 1
through September 15). During this period woody plants greater than 15 feet (4.6 meters) tall
should not be disturbed,removed,or trimmed. Barbed wire should be avoided for any construction
Planning Dept.
Exhibit 6
because bat mortalities have been documented as a result of becoming ensnared by this type of
fencing during flight.
Artificial lighting can adversely impact seabirds that may pass through the area at night by causing
them to become disoriented. This disorientation can result in collision with manmade structures or
grounding of birds.For nighttime work that mightbe required,DOFAW recommends that all lights
used be fully shielded to minimize impacts. Nighttime work that requires outdoor lighting should
be avoided during the seabird fledging season from September 15 through December 15. This is
the period when young seabirds take their maiden voyage to the open sea. For illustrations and
guidance related to seabird-friendly light styles that also protect the dark, starry skies of Hawaii
please visit: littps:Hditir.liawaii.gov/wildlife/files/2016/03/DOC439.pdf
The state-listed Hawaiian Goose or Nene (Branta sandvicensis) has the potential to occur in the
vicinity of the proposed project site. 1t is against State law to harm or harass these species. If any
of these species are present during construction activities, then all activities within 100 feet (30
meters) should cease, and the bird should not be approached. Work may continue after the bird
leaves the area of its own accord. If a nest is discovered at any point, please contact the Hawaii
Island Branch DOFAW Office at(808)974-4221.
The State listed Hawaiian Hawk or `Io (Buteo solitarius) may occur in the project vicinity.
DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests are present if trees
are to be cut. `Io nests may be present during the breeding season from March to September.
DOFAW recommends using native plant species for landscaping that are appropriate for the area
(i.e.climate conditions are suitable for the plants to thrive,historically occurred there,etc.). Please
do not plant invasive species. DOFAW recommends consulting the Hawaii-Pacific Weed Risk
Assessment website to determine the potential invasiveness of plants proposed for use in the
project(https:llsites.google.com/site/weedriskassessmentlhome). We recommend that you refer to
www.plantpono.org for guidance on selection and evaluation for landscaping plants.
We appreciate your efforts to work with our office for the conservation of our native species.
Should the scope of the project change significantly, or should it become apparent that threatened
or endangered species may be impacted, please contact our staff as soon as possible. If you have
any questions, please contact Paul Radley, Protected Species Habitat Conservation Planning
Coordinator at(808) 295-1123 or paul.m.radleyAhawaii.gov.
Sincerely,
#LQ
DAVID G. SMITH
Administrator
Mori, Ashley
From: Brendan Donnelly <brendan@sheiladonnelly.com>
Sent: Friday, April 1, 2022 10:23 AM
To: Planning Internet Mail
Subject: RE: Notice of Submittal of Application and Planning Commission Hearing Special
Permit Request (PL-SPP-2022-000011)
Attachments: wood valley - letter from Land Planning Hawaii Ilc - 2.23.22.pdf, ATT00001.htm
Date: 4.1.22
To: County Planning Commission
101 Pauahi St., #3
Hilo, HI 96720
(808) 961-8288
plan ninga_hawaiicountV.gov
Land and Planning Hawaii, LLC
194 Wiwo'ole Street
Hilo, Hawaii 96720
(808) 333-3393
info land plan ninghawaii.com
From: Brendan Donnelly
96-2246 North Road, #605
Wood Valley, Pahala, Hawaii 96777
Planning Dept. i
Exhibit 7
Regarding the proposed development of an "Array of Satellite Dishes"within 500-ft of our farm and home, we find it
inappropriate for this agriculturally designated zone. If this experiment is successful, it will undoubtedly draw more
scientists, astronomy developments and more satellite dishes to Wood Valley due to the valley's "radio quiet" qualities.
Also, how do we fact check the data to know if this "experimental project" is an actual success, do we just take their word?
If it is unsuccessful, then it would be a wasted use of prime agricultural land. Either result is a net negative for our
community and Hawaii.
This resembles a classic University endowment "land grab"which starts as a special temporary project, then sets a
precedent to justify further scientific studies, land purchases and industrial development, displacing farming communities:
"University endowments today are among the largest farmland holders in the world. Harvard has emerged as the leading
farmland buyer among universities, spending $1 billion to acquire 850,000 hectares of farmland around the world. These
land acquisitions have contributed to environmental destruction, conflicts over water, and displacement and harassment of
communities who have stewarded that land for generations. And they are not alone -other university endowments have
made similar"investments,"though not all of the locations of their landholdings are known."
(https://storymaps.arcgis.com/stories/081 d7b25c5fc48bc9cb1 fa49d05d25b2?fbclid=lwAR2aK3ygHd32cEQ-
PPLebl2RTZkpJscJe5OWXEIFsU89aXK99Sn98JRZT8k)
Wood Valley and Kapapala Ranch are sacred grounds; developments of this nature, satellites and telescopes, should not
be fast-tracked through a Special Permit Application with the Hawaii County Planning Department. We should be
consulting the local Kupuna as to the appropriateness of more satellite dishes on the Mauna. We have not seen a DEIS to
determine the safety and long term effects of this project on the land and its inhabitants. We cannot take anyone's word, it
needs to be an objective, third-party analysis.
Our farm is North East of the proposed development. This is the direction they are pointing the giant satellite dishes, 10-
12 of them, directly at us. We are opposed to having the dishes pointed at us. The experimental nature of the project is
not reassuring as there is little precedence to support their claims that there will be no health consequences to my family,
our animals and the surrounding environment and wildlife. If there are health consequences to us, how would we prove it?
Would they be liable? I would rather not risk our lives for the sake of this project. There are so many places to conduct an
experiment like this without endangering the lives of a quiet community, why risk our lives?
I am also to understand that the operation of a simple drone can disrupt the "radio-quiet" requirement of the site. I can tell
you as a resident that there are drones flying in Wood Valley on a daily and nightly basis, which would interfere with the
satellite dishes reception of the FRB's.
2
We also do not know anything about this Chinese University that is behind this project. They would have little
accountability if something went wrong. They hired Land Planning Hawaii LLC to be the intermediary, a company which
seems to be less than 2 years old, further raising questions about the legitimacy of this development.
This development is literally in the center of the Wood Valley community. The satellites will be in full view for everyone,
especially homes at higher elevations like us. This will undoubtedly be an eyesore and disrupt the current enjoyment of
the natural beauty of Wood Valley, Hawaii. There are no developments like this in Wood Valley, this would set a
dangerous precedent and it is alarming that it is done as a "Special Permit Application" instead of the more
comprehensive agricultural permitting process.
I am against this development and will continue to pursue all our options to Protect Wood Valley Hawaii from Chinese
University satellite dishes and telescope developments on Mauna Loa and Mauna Kea.
CC:
Hawai'i Conservation Alliance & Foundation
1601 East-West Road
Honolulu, HI, 96848-1601
Phone: (808) 944-7417
Email: manager(a-)hawaiiconservation.org
The Outdoor Circle
1314 South King Street, Suite 306
Honolulu, HI 96814
Tel: 808-593-0300
mail outdoorcircle.org
KAHEA
P.O. Box 37368, Honolulu, Hawai'i 96837
Tel: 808-524-8220 1 toll-free: 877-585-2432
KAHEA-alliancehawaii.rr.com
protectmaunakeaa-gmail.com
3
DATE: February 23,2022
TO: Surrounding Property Owners
FROM: Land Planning Hawaii LLC
194 Wiwoole Street, Hilo,HI 96724
RE: Notice of Submittal of Application and Planning Commission Hearing Special Permit
Request(PL-SPP-2022-000411)
Nature of Request:Temporary Operation of an Array of Satellite Dishes to Conduct Research
on Fast Radio Bursts(FRBs)
Applicant: Academia Sinica Institute of Astronomy and Astrophysics
TMK:_(3)9-6-008:067
This notice is being sent in accordance with the County Zoning Code, Section 25-2-4 and Planning
Commission Rule Nos.4(Contested Case Procedure) and 6(Special Permit)which require property owners
within 500 feet of the perimeter boundary of the subject parcel be notified of the submittal of this
application, and eventually,of the public hearing.
asa uraundin not ure arenThis is onlya mtifcaton to you nse;
Please be informed this office fled a Special Permit Application with the Hawaii County Planning
Department on February 10,2022 on behalf of the applicant, Academia Sinica Institute of Astronomy and
Astrophysics and on February 17,2022,the Planning Department acknowledged receipt of the application.
The applicant is requesting a Special Permit that will allow for the temporary operation of an array of
satellite dishes to conduct research on Fast Radio Bursts(FRSs).The subject site is 21.80 acres,zoned A-
20a, and is located off of Center Road in Wood Valley Homestead Lots, Pahala.North Road intersects with
the northern portion of the subject parcel with Center Road on the west. Highway 11 is located roughly 3
miles to the South (see attached location map).
If approved, the applicant wishes to build a temporary array of ten(10)20 ft in diameter satellite dishes with
two(2)storage containers, one(1)catchment tank,and one(1)port-a-potty on approximately 0.5 acres of
the 21.80 acre parcel.The satellites are designed for reception only, therefore no transmission of radio
- signals wouId:dcxur. In addifion,111 satellifes would-tie-fxed-to1oo- of#he—nortliWsterri�sk only;thusrn�'�
movement would occur(see proposed site plan).
The Planning Commission will eventually conduct a public hearing and, if required, a contested case hearing
on this matter. Prior to this hearing,we will again notify you of the hearing[late,place, and time.
To provide input on this matter,you may:
a. Provide written testimony to the Commission prior to the public hearing or
verbally at the public hearing; and/or
b. Request for a contested case hearing. Should you seek to intervene as a party
to this hearing, you must file a written request on the attached form, "Petition far Standing in
Contested Case Hearing," no later than 7 calendar days prior to the Commission's first
hearing on this matter.The request must be in conformity with the Planning Commission
Rule 4-6(a),relating to Prehearing Procedure.The completed form,together with a$200
filing fee,must be submitted online via County of Hawaii Electronic Processing and
Information Center(EPIC)
https://hawai icountyhi-energovpub.tyl erhost.net/Apps/SelfS ervice#Thome.
The application is available for review at the County Planning Department, 101 Pauahi Street,Hilo,HI
96720 or at its Kona office in the Kona Civic Center located 74-5044 Ane Keohokalole Highway, Kailua-
Kona,HI 96744.
_CounShould you have any questions on this matter,please feel free to contact this office at 808-333-3333 or the
-_ ty Flanning Dep rtmcnt at 808-96f-828$. ThanZ-you very much. - �~
Enclosures
r
��17-h�.--��eeo�� nn•i•t��aa +T� .�i'w�Fj = • �� ' - �• �:y r��66r1 ! - r'
.]WCC�liR�iR�l�CFYE�I.C..�IS`lr.Jr:� �' 4 ��K,�%�.��•, � t
ri
V �
z �AC
/Puu
y, ;'ir ; �1
Y.yJ41+1�, �� ¢
x at � ..��'.t.���b.��1•kn'1ywn. � *� is 9
4 it r0
rayd a
r p Aldo
®
!z
rl
I Al , �r ��
a r 14 3
P 8 a�
r°� i �i � �• � J �r iar k �"�w I��F��}' sy 18 i�!
l
w�.k��ti l�4j•. fel,�' f; .. .171 il� �
� � ` -
w z �
a
�v00 9
J[
I
- n R'oad w 263'34
24 34
I
a �1 00,a4' I
242' 29' 30'�
Pc.r;,LLJ,.T: t
�ao�-a•� I
I
rr
Antenna Arrar I
t ■ • •
N
a
Ul) I
I Area to be cleared 9F-Cl
f• marnlarnea
� N
CV N1
lP� �
tT
Ia
I
I I
� I
I rmit o1 5•aue
uu J40- Lease Area f
I
Agncultural Uses To Be
Determined I
i
1
4
-- _ ----.-- _-fi2' 37___,r-------_-�. _
l 355.2++' � ' 34
I
PETITION FOR STANDING IN A CONTESTED CASE HEARING
(Page 1 of 2)
NAME:
ADDRESS:
PHONE NO.:
APPLICANT/
DOCKET NO.:
A. Is your interest in this matter clearly distinguishable from that of the general public?
Yes No
If the answer is "yes", please explain: ~
If the answer is "no",please explain how the proposed action will nevertheless cause you
actual or threatened injury:
B. Are you a government agency whose jurisdiction includes the land involved in the
subject request?
Yes No
If the answer is "yes", please explain the nature of the agency's jurisdiction:
C. Tao you Iawfully reside on or have sorne property interest in the land involved in the
subject request?
Yes No
If the answer is"yes", please explain:
Appendix A
PETITION FOR STANDING IN A CONTESTED CASE HEARING
(Page 2 of 2)
D. Are you a person or persons descended from native Hawaiians who inhabited the
Hawaiian Islands prior to 1778,who practiced those rights which were customarily and
traditionally exercised for subsistence, cultural, or religious purposes?
Yes No
If the answer is"yes", please submit any genealogical evidence and historical evidence
showing the exercise of those rights to support your statement:
Petitioner's Signature
STATE OF HAWAII )
SS.
COUNTY OF HAWAII }
On this clay of 120 before me personally appeared
to me known to be the person described in and who executed
the foregoing instrument, and acknowledged that lie executed the same as his free act and deed.
Notary Public, State of Hawaii
My commission expires:
Appendix A
Mori, Ashley
From: Brendan Donnelly <brendan@sheiladonnelly.com>
Sent: Thursday, April 14, 2022 10:48 AM
To: Planning Internet Mail
Subject: Notice of Submittal of Application and Planning Commission Hearing Special Permit
Request (PL-SPP-2022-000011)
Attachments: bd - wood valley - AE testimony letter to Hawaii Planning Commission.pdf;
ATT00001.htm; wood valley - letter from Land Planning Hawaii Ilc - 2.23.22.pdf,
ATT00002.htm
Date: 4.14.22
To: County Planning Commission
101 Pauahi St., #3
Hilo, HI 96720
(808) 961-8288
plan ninga_hawaiicountV.gov
Land and Planning Hawaii, LLC
194 Wiwo'ole Street
Hilo, Hawaii 96720
(808) 333-3393
info land plan ninghawaii.com
From: Amelia Ensign
96-2246 North Road, #605
Wood Valley, Pahala, Hawaii 96777
Planning Dept.
1 Exhibit 8
This is a notice/testimony being sent to you THE LAND PLANNING HAWAII LLC, and the Planning Commission as well
as the applicant: Academia Sinica Institute of Astronomy and Astrophysics, regarding the special permits being requested.
I received your notice and have read the planning report and am not in support of this mysterious, temporary satellite
research on fast radio busts. I'm not comfortable with radio research in my neighborhood with an array of(10)20-foot in
diameter satellite dishes with two storage containers (CONTAINING WHO KNOWS WHAT?) and (1) catchment tank FOR
FIRE PURPOSES, and (1) port-a-potty.
The language in the land report and the notice is less than informative, it's the bare minimum and very repetitive
marketing-speak. Where is the DEIS? It's odd that your request would need public input if it did not present any harm to
the community. I have to spend hours of my day researching all the details of the notice and the land plan. It's feels very
creepy that an institute would want to bombard an off-grid farming community with huge machinery (to build it) and add
research equipment that could possibly harm us and the nature around us. There is not enough documentation and
precedence to convince me that the satellites are safe to have in this valley. For health and safety reasons I completely
oppose this notice of a plan that is essentially invading what we all work so hard to maintain; a calm environment in
nature.
Clearly there are many concerns. I can't list them all, but here is a list of a few.
-Noise
-Radio radiation
-Lights
-Fencing
-Security
-Crime
-Fast blast radio waves
-Lot of huge satellites
-Storage container (crime inviters)
-Stinky port-a-potty
-Cleared and clearing agricultural land
-Increased traffic
-Making the property undesirable to buy due to the satellite research center.
-Is this the beginning of more unnecessary development in Kau?
-The possible option to renew for another five years, what does that entail?
-Are you planning on buying the whole property and expanding the mysterious and possibly unnecessary research?
2
This Academia Sinica Institute of Astronomy and Astrophysics, a Chinese company we know very little about, will bring
unwanted curiosity to the valley, which increases all kinds of concerns. Who knows what kind of people and energy will be
drawn to this bizarre and experimental satellite research site you wish to build?Alien enthusiasts can have a monumental
effect on a community(Area 51.)
I'm primarily afraid of the radio waves you will be attracting to the valley right over my head. I'm very offended that you
folks are trying sneak this in, as if it's totally safe and assured to go through. It will be very distracting to the eye and will
detract the views of nature. Please take your research where it is welcome. It's not welcome here. I live here because it's
far, far away from most everything. I feel safe almost always... because of the very calm and slow pace of life that we
have all in our own way worked hard to achieve. It's breaking my heart and scaring me what this whole Academia Sinica
institute of Astronomy and Astrophysics has in store for my future.
My family and I will be at the public hearing to oppose, share testimony, protest and contest if required.
3
Date: 4.14.22
To: County Planning Commission
101 Pauahi St., #3
Hilo, HI 96720
(808) 961-8288
planning@hawaiicounty.gov
Land and Planning Hawaii, LLC
194 Wiwo'ole Street
Hilo, Hawaii 96720
(808) 333-3393
info@landplanninghawaii.com
From: Amelia Ensign
96-2246 North Road, #605
Wood Valley, Pahala, Hawaii 96777
This is a notice/testimony being sent to you THE LAND PLANNING HAWAII LLC, and the Planning
Commission as well as the applicant: Academia Sinica Institute of Astronomy and Astrophysics, regarding
the special permits being requested.
I received your notice and have read the planning report and am not in support of this mysterious,
temporary satellite research on fast radio busts. I'm not comfortable with radio research in my
neighborhood with an array of(10) 20-foot in diameter satellite dishes with two storage containers
(CONTAINING WHO KNOWS WHAT?) and (1) catchment tank FOR FIRE PURPOSES, and (1) port-a-
potty.
The language in the land report and the notice is less than informative, it's the bare minimum and very
repetitive marketing-speak. Where is the DEIS? It's odd that your request would need public input if it did
not present any harm to the community. I have to spend hours of my day researching all the details of the
notice and the land plan. It's feels very creepy that an institute would want to bombard an off-grid farming
community with huge machinery (to build it) and add research equipment that could possibly harm us and
the nature around us. There is not enough documentation and precedence to convince me that the
satellites are safe to have in this valley. For health and safety reasons I completely oppose this notice of a
plan that is essentially invading what we all work so hard to maintain; a calm environment in nature.
Clearly there are many concerns. I can't list them all, but here is a list of a few.
-Noise
-Radio radiation
-Lights
-Fencing
-Security
-Crime
-Fast blast radio waves
-Lot of huge satellites
-Storage container (crime inviters)
-Stinky port-a-potty
-Cleared and clearing agricultural land
-Increased traffic
-Making the property undesirable to buy due to the satellite research center.
-Is this the beginning of more unnecessary development in Kau?
-The possible option to renew for another five years, what does that entail?
-Are you planning on buying the whole property and expanding the mysterious and possibly unnecessary
research?
This Academia Sinica Institute of Astronomy and Astrophysics, a Chinese company we know very little
about, will bring unwanted curiosity to the valley, which increases all kinds of concerns. Who knows what
kind of people and energy will be drawn to this bizarre and experimental satellite research site you wish to
build?Alien enthusiasts can have a monumental effect on a community(Area 51.)
I'm primarily afraid of the radio waves you will be attracting to the valley right over my head. I'm very
offended that you folks are trying sneak this in, as if it's totally safe and assured to go through. It will be
very distracting to the eye and will detract the views of nature. Please take your research where it is
welcome. It's not welcome here. I live here because it's far, far away from most everything. I feel safe
almost always... because of the very calm and slow pace of life that we have all in our own way worked
hard to achieve. It's breaking my heart and scaring me what this whole Academia Sinica institute of
Astronomy and Astrophysics has in store for my future.
My family and I will be at the public hearing to oppose, share testimony, protest and contest if required.
DATE: February 23,2022
TO: Surrounding Property Owners
FROM: Land Planning Hawaii LLC
194 Wiwoole Street, Hilo,HI 96724
RE: Notice of Submittal of Application and Planning Commission Hearing Special Permit
Request(PL-SPP-2022-000411)
Nature of Request:Temporary Operation of an Array of Satellite Dishes to Conduct Research
on Fast Radio Bursts(FRBs)
Applicant: Academia Sinica Institute of Astronomy and Astrophysics
TMK:_(3)9-6-008:067
This notice is being sent in accordance with the County Zoning Code, Section 25-2-4 and Planning
Commission Rule Nos.4(Contested Case Procedure) and 6(Special Permit)which require property owners
within 500 feet of the perimeter boundary of the subject parcel be notified of the submittal of this
application, and eventually,of the public hearing.
asa uraundin not ure arenThis is onlya mtifcaton to you nse;
Please be informed this office fled a Special Permit Application with the Hawaii County Planning
Department on February 10,2022 on behalf of the applicant, Academia Sinica Institute of Astronomy and
Astrophysics and on February 17,2022,the Planning Department acknowledged receipt of the application.
The applicant is requesting a Special Permit that will allow for the temporary operation of an array of
satellite dishes to conduct research on Fast Radio Bursts(FRSs).The subject site is 21.80 acres,zoned A-
20a, and is located off of Center Road in Wood Valley Homestead Lots, Pahala.North Road intersects with
the northern portion of the subject parcel with Center Road on the west. Highway 11 is located roughly 3
miles to the South (see attached location map).
If approved, the applicant wishes to build a temporary array of ten(10)20 ft in diameter satellite dishes with
two(2)storage containers, one(1)catchment tank,and one(1)port-a-potty on approximately 0.5 acres of
the 21.80 acre parcel.The satellites are designed for reception only, therefore no transmission of radio
- signals wouId:dcxur. In addifion,111 satellifes would-tie-fxed-to1oo- of#he—nortliWsterri�sk only;thusrn�'�
movement would occur(see proposed site plan).
The Planning Commission will eventually conduct a public hearing and, if required, a contested case hearing
on this matter. Prior to this hearing,we will again notify you of the hearing[late,place, and time.
To provide input on this matter,you may:
a. Provide written testimony to the Commission prior to the public hearing or
verbally at the public hearing; and/or
b. Request for a contested case hearing. Should you seek to intervene as a party
to this hearing, you must file a written request on the attached form, "Petition far Standing in
Contested Case Hearing," no later than 7 calendar days prior to the Commission's first
hearing on this matter.The request must be in conformity with the Planning Commission
Rule 4-6(a),relating to Prehearing Procedure.The completed form,together with a$200
filing fee,must be submitted online via County of Hawaii Electronic Processing and
Information Center(EPIC)
https://hawai icountyhi-energovpub.tyl erhost.net/Apps/SelfS ervice#Thome.
The application is available for review at the County Planning Department, 101 Pauahi Street,Hilo,HI
96720 or at its Kona office in the Kona Civic Center located 74-5044 Ane Keohokalole Highway, Kailua-
Kona,HI 96744.
_CounShould you have any questions on this matter,please feel free to contact this office at 808-333-3333 or the
-_ ty Flanning Dep rtmcnt at 808-96f-828$. ThanZ-you very much. - �~
Enclosures
r
��17-h�.--��eeo�� nn•i•t��aa +T� .�i'w�Fj = • �� ' - �• �:y r��66r1 ! - r'
.]WCC�liR�iR�l�CFYE�I.C..�IS`lr.Jr:� �' 4 ��K,�%�.��•, � t
ri
V �
z �AC
/Puu
y, ;'ir ; �1
Y.yJ41+1�, �� ¢
x at � ..��'.t.���b.��1•kn'1ywn. � *� is 9
4 it r0
rayd a
r p Aldo
®
!z
rl
I Al , �r ��
a r 14 3
P 8 a�
r°� i �i � �• � J �r iar k �"�w I��F��}' sy 18 i�!
l
w�.k��ti l�4j•. fel,�' f; .. .171 il� �
� � ` -
w z �
a
�v00 9
J[
I
- n R'oad w 263'34
24 34
I
a �1 00,a4' I
242' 29' 30'�
Pc.r;,LLJ,.T: t
�ao�-a•� I
I
rr
Antenna Arrar I
t ■ • •
N
a
Ul) I
I Area to be cleared 9F-Cl
f• marnlarnea
� N
CV N1
lP� �
tT
Ia
I
I I
� I
I rmit o1 5•aue
uu J40- Lease Area f
I
Agncultural Uses To Be
Determined I
i
1
4
-- _ ----.-- _-fi2' 37___,r-------_-�. _
l 355.2++' � ' 34
I
PETITION FOR STANDING IN A CONTESTED CASE HEARING
(Page 1 of 2)
NAME:
ADDRESS:
PHONE NO.:
APPLICANT/
DOCKET NO.:
A. Is your interest in this matter clearly distinguishable from that of the general public?
Yes No
If the answer is "yes", please explain: ~
If the answer is "no",please explain how the proposed action will nevertheless cause you
actual or threatened injury:
B. Are you a government agency whose jurisdiction includes the land involved in the
subject request?
Yes No
If the answer is "yes", please explain the nature of the agency's jurisdiction:
C. Tao you Iawfully reside on or have sorne property interest in the land involved in the
subject request?
Yes No
If the answer is"yes", please explain:
Appendix A
PETITION FOR STANDING IN A CONTESTED CASE HEARING
(Page 2 of 2)
D. Are you a person or persons descended from native Hawaiians who inhabited the
Hawaiian Islands prior to 1778,who practiced those rights which were customarily and
traditionally exercised for subsistence, cultural, or religious purposes?
Yes No
If the answer is"yes", please submit any genealogical evidence and historical evidence
showing the exercise of those rights to support your statement:
Petitioner's Signature
STATE OF HAWAII )
SS.
COUNTY OF HAWAII }
On this clay of 120 before me personally appeared
to me known to be the person described in and who executed
the foregoing instrument, and acknowledged that lie executed the same as his free act and deed.
Notary Public, State of Hawaii
My commission expires:
Appendix A
PETITION FOR STANDING IN A CONTESTED CASE HEARING
// (Page 1 of 2)
NA M,226 41,
ADDRESS: . fto-ali
lkd7rll Lae",It t,-
PHONE NO,: ; c2 2ql
APPLICANT/
DOCKET NO.:
A. Is your interest in this matter clearly distinguishable from that of the general public?
Yes No
If the answer is "yes", please explain:
If the answer is "no", please explain how the proposed action will nevertheless cause you
actual or threatened injury:
B. Are you a government agency whose jurisdiction includes the land involved in the
subject request?
Yes No
If the answer is "yes", please explain the nature of the agency's jurisdiction:
C. Ido you lawfully reside on or have some property interest in the land involved in the
subject request?
Yes No
If the answer is "yes", please explain:
Appendix A
Planning Dept.
Exhibit 9
PETITION FOR STANDING IN A CONTESTED CASE HEARING
(Page 2 of 2)
D. Are you a person or persons descended fi-om native Hawaiians who inhabited the
Hawaiian Islands prior to 1778, who practiced those rights which were customarily and
traditionally exercised for subsistence, cultural, or religious purposes?
Yes No
If the answer is "yes", please submit any genealogical evidence and historical evidence
showing the exercise of those rights to support your statement:
Petitioner's Signature
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this K day of Mach 20jL, before me personally appeared
TholYlgs LoUdo� 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.
��V114s1iIPll�l�,
tai Public, State of Hawaii
IVIy commission expires: SAN 0 12024
it �6�' i �• �,\� lei,/
MAR 0 0 2022
Doc. Dais: #Pages:
stacey-BalesA1C1 -
Notary Name. Circui8 P a
Qoc. Descript3CQ: I� I11 Q (S& ep a 5��1)
�� � Appendix A "i
22
N1 Date
PETITION FOR STANDING IN A CONTESTED CASE HEARING
(Page 1 of 2)
NAME: O 5 Fr-
ADDRESS:
KADDRESS: 174o So-N TA J wez6
25P16
PHONE NO.: i `d 3 8 - 0 2 -r-2--
APPLICANT/
'2-APPLICANT/
DOCKET NO.: P L- S P P ZQZ.Z _ 0 00,0 11
A. Is your interest in this matter clearly distinguishable from that of the general public?
Yes No
If the answer is "yes", please explain:
T OF Am A JACAWT PROPF-9-7`4 Af
it) 5.5 RD, AUM9 77 =RL1M SIW.
If the answer is "no", please explain how the proposed action will nevertheless cause you
actual or threatened injury:
B. Are you a government a`,ency whose jurisdiction includes the land involved in the
subject request?
Yes No 5(
If the answer is "yes", please explain the nature of the agency's jurisdiction:
C. Do you lawfully reside on or have some property interest in the land involved in the
subject request?
Yes No �
If the answer is "yes", please explain:
Appendix A
Planning Dept.
Exhibit 10
PETITION FOR STANDING IN A CONTESTED CASE HEARING
Page 2 of 2)
D. Are you a person or persons descended from native Hawaiians who inhabited the
Hawaiian Islands prior to 1778, who practiced those rights which were customarily and
traditionally exercised for subsistence, cultural, or religious purposes?
Yes_' No
If the answer is "yes", please submit any genealogical evidence and historical evidence
showin,,the exercise of those rights to support your statement:
1._ A-m 13012-0 rj or W 1 L 2e12l Cl-1 -
BDKN iQ 3 iii IV
JfJ t - D NAl AKA 1<WG I Ca
N 4 Ao-S, 100-21; -rive A1ty�N T
_CMAZ_44SiM Wt �e Woou VLH I At-Jn ,rI Q7 AG1Z5rS ) iN 20 17.
lib N M 1k rF-7E Al rt lb T, t-bv;=- w o> � Ac_nVeLid
-M "2�Mar
Pi An-e c -D P LA to T K o VE6 .
E At,60 _*WT A}#IAS i PAPAYA, A.*JD A,_
etitioner's Signature
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of 120 before me personally appeared
, 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.
SEE ATTACHED
CA JURAT Notary Public, State of Hawaii
My commission expires:
Appendix A
J U RAT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of S
Subscribed and sworn to (or affirmed) before me on this 10ay of hatch ,
20 by V1 611 e ,
proved to me on the basis of satisfactory evidence to be the person(s) who appeared
before me.
A MONDRAGON
OkaCommission 0 2284492
Notary PUNIC•Califomia m
San Luis(>bispo County
Comm Expires APR 12,2023
mn
Signature U (Sea]) 3
OPTIONAL INFORMATION INSTRUCTIONS
The wording of all Jurats completed in Cafrfomia after January 1,2015 must be in the form
as set forth within this Jurat.There are no exceptions.We Jurat to be completed does not
follow this form,the notary must correct the verbiage by using a jurat stamp containing the
correct wording or attaching a separate jurat form such as this one with does contain the
proper wording. In addition, the notary must require an oath or afm7aticn from the
DESCRIPTION OF THE ATTACHED DOCUMENT document signer regarding the truthfulness of the contents of the document. The
document must be signed AFTER the oath or aRinnation.If the document was previously
_&-T-11tit 14 rt 5rkta l-L signed,if must be re-signed in front ofthenofarypublicduring fhejuratprocess.
(Title or description of attached document)
• State and county information must be the state and county where the
document signer(s)personally appeared before the notary public.
(Tifteordescription ofattached document continued) . Date of notarization must be the date the signer(s) personally
appeared which must also be the same date the jurat process is
Z completed.
Number of Pages Document Dafe� . print the name(s) of the document signer(s)who personally appear at
the time of notarization.
• Signature of the notary public must match the signature on file with the
Additional information office of the county clerk.
• The notary seal impression must be clear and photographically
reproducible. Impression must not cover text or lines. If seal impression
smudges, re-seal if a sufficient area permits, otherwise complete a
different jurat form.
Additional information Is not required but could help
to ensure this jurat is not misused or attached to a
different document.
Indicate title or type of attached document, number of
pages and date.
Securely attach this document to the signed document with a staple.
2015 Version www,Nota ryC lasses.co m 800-873-9865 — _ —
` + +
f .
Mori, Ashley
From: John Pipan <john@landplanninghawaii.com>
Sent: Thursday, April 14, 2022 11:59 AM
To: Andrews, Jessica
Subject: Re: ASIAA special permit application
Aloha Jessica,
The meeting was held on Wednesday March 30th from 5:00 to around 6:30 PM. 8 community members or
neighbors to the proposed project attended as well as 4 representatives from ASIAA. Discussion was
robust and for the most part civil. We talked about the research questions and permitting process as well
as the proposed site layout. We offered to incorporate suggestions into the plan relating to view screening
etc. and emphasized the temporary nature of the project and that there would be absolutely no
transmission of signals from the site. Unfortunately, none of the proposed mitigations appeared to ease
neighbors concerns and the neighbors offered no suggestions that would make it more acceptable them.
Best,
John Pipan
Planning Administrator
Land Planning Hawaii LLC
194 Wiwoole St, Hilo, HI 96720
(808)333-3391
LAN U
r'�}
PLANNING
A,WA1I LLQ
---- On Wed, 13 Apr 2022 12:57:09 -1000 Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov>
wrote ----
Hi John,
Jeff mentioned that there was a community meeting for this application. Can you provide me with a synopsis of that
meeting, and the date when it happened, in order to include it with the background report?
Thanks,
Planning Dep;. 1
Exhibit 11
Jessica
2