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ultimately the FEA concluded that there were no significant issues identified with the exception <br /> of limiting tree trimming during the summer and even into the early fall to avoid impacts to the <br /> Hoary Bat and the Hawaiian Hawk during their breeding seasons. <br /> Respect to the dwelling, the size, height, use, and color of the dwelling is limited to the State's <br /> requirement for single-family dwellings in the Conservation district. Under the State rules we <br /> are limited to only a 5,000 square foot building envelope which we are just a little bit under. <br /> Which essentially accounts for approximately maybe less than 2 percent of the entire 6.5-acre <br /> parcel for this parcel sizes Alex had alluded to earlier. The State rules for this parcel size require <br /> us to a minimum setback from the pall of 50 feet. Through our EA process our coastal erosion <br /> study ultimately determined that a 100-foot setback would be appropriate. Kelly decided to take <br /> it upon himself to move the dwelling even further back. So, he tucked it back. If you look at the <br /> site plan that is in your report, you'll see that on the makai side of the property we're setback <br /> approximately 150 feet from the top of pall on the side where a Honomu stream exits into the <br /> ocean. Along the north we're setback about 130 feet kind of tucked nicely into the property. <br /> As Alex also mentioned, we conducted a view plane analysis trying to be consistent with the <br /> requirements of the Hamakua Community Development Plan was ultimately determined because <br /> of the topography, the amount of vegetation that's along the Hawai'i Belt Road (Highway 19). <br /> That there would be no view impacts of the dwelling being constructed centrally located tucked <br /> into the property. And even views from the ocean would be minimal to none seeing that like <br /> Alex said this property is set upon on top of a pall probably approximately 130 feet in some areas <br /> to 170 feet in some areas above the coastline. So,we're pretty high up there. <br /> With regard to the issue of shoreline access. Being that we're so far up on top of that pall and <br /> it's a quite a way down to the ocean. Our client has recognized that there are area fishermen that <br /> use the Ladders site to climb down to the ocean. But as you could see from those exhibits that <br /> are presented earlier the ladder is in a dilapidated state and it's no longer usable. We do <br /> understand that there are some fishermen in the area that would still repel down the cliff to get <br /> access. I think, by looking at some of those photos too you can also see that the shoreline below <br /> is very rocky, very little area to move around once you're down on the rocks. In terms of <br /> descending the cliff I'm told that it's super dangerous. Our coastal geologists who's an <br /> experienced climber told us that when he was doing his report that this was one of the most <br /> dangerous repels that he has ever done. Also, anybody who's familiar with the Hamakua <br /> coastline know that the ocean is extremely dangerous and very unpredictable in that area. We've <br /> lost a number of opihi fishermen on the coastline over the years. <br /> Nevertheless, our client is in full support of the Planning Department's recommendation and <br /> always made it clear throughout the process that he wants to see the area fishermen be able to use <br /> the Ladders site to gain access to the ocean. We facilitated and volunteered to provide a six (6) <br /> foot wide coastal corridor mauka/makai and also a ten (10) foot wide corridor along the top of <br /> the pall to the Ladders site. The idea would be similar to what Councilmember Kimball had said <br /> would be to enter into a license agreement or some sort of management agreement with an area <br /> group. We've been talking with the Makahanaloa Fishing Association. Had some conversations <br /> with them and they recognize the need for managed access to avoid the potential issues of <br /> unexperienced folks getting into a situation where they hurt or injured themselves. It would <br /> 5 <br /> EXHIBIT B <br />