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HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-REZ-2021-012) BChenREZ.2.15.2022 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT SITING CHEN CHANGE OF ZONE APPLICATION (PL-REZ-2021-000012) SITING CHEN has submitted an application for a Change of Zone from an Agricultural-5 acre (A-5a) to a Family Agricultural-1 acre (FA-1 a) zoning district for 14.968-acres of land. The subject property is located on the south side of Hualalai Road, approximately 0.6 miles east of its intersection with Queen Ka`ahumanu Highway, Wai`aha 1st, Puapua`anui 1st, North Kona, Hawaii, TMK: (3) 7-5-017:043. PROPOSED ACTION 1. Applicant's Request: Change the zoning district from Agricultural-5 acres (A-5a) to a Family Agricultural-1 acre (FA-la) zoning district for an approximately 14.968-acre parcel of land. According to the Zoning Code, the Family Agricultural district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. Requirements for establishing a land use in the FA district, including a list of the variety of permitted land uses, are shown in Section 25-5-60 to 62 of the Zoning Code. (Planning Department Exhibit 1 —Zoning Code Requirements for Family Agricultural Districts) Please note that should the change of zone to FA-la be approved, the 14.968-acre parcel could be subdivided into a maximum of fourteen (14) lots and any use permitted in the FA-la zoning district could be established on the property. 2. Proposed Development: The applicant proposes to subdivide the 14.968-acre parcel into eleven (11) lots, consisting of a minimum of one (1) acre each. The applicant intends to retain the largest lot, consisting of roughly 3.5 acres, for the purpose of constructing a single-family dwelling and planting an orchard (lychee, longan, mango, avocado, ulu, papaya, banana and dragonfruit) and vegetable plots. According to the applicant, the -1- remaining ten (10) lots would be sold. According to the applicant, the proposed change of zone will help address the need for greater diversity of housing choices in the Kona area by creating additional fee simple lots to serve as housing while providing opportunities for diverse small-scale farming. Based on agency comments from Department of Public Works and the need for road connectivity to adjacent developments, the Planning Department requested that the Applicant provide a revised site plan. 3. Project Timetable and Cost: The applicant hopes to begin the subdivision process immediately following approval of the proposed change of zone, with the intention of securing final subdivision approval in early 2023. The estimated cost of improvements for this project is approximately $500,000. 4. Supportive Information: The applicant has submitted the attached in support of the request(Planning Department Exhibit 2—Change of Zone Application dated October 14,2021), (Planning Department Exhibit 3 — Supplemental Information to Application—Updated Site Plan dated April 28,2022) 5. Landowner: Siting Chen. STATE, COUNTY & COMMUNITY PLANS 6. State Land Use District: Agricultural. 7. General Plan LUPAG Map Designation: One half of the parcel is designated as Urban Expansion and one half is designated as Important Agricultural Lands. According to letters from the Planning Director dated February 25, 2010 and May 23, 2013, the entire site was determined to be situated within the Urban Expansion designation, which allows for a mix of high density, medium density, low density, industrial, industrial-commercial and/or open designation in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. 8. County Zoning: Agricultural-5 acres (A-5a). 9. Kona Community Development Plan (KCDP): The KCDP was adopted by Ordinance No. 08-131, which became effective on September 25, 2008. The subject property is -2- located within the Kona Urban Area and within the Pua`a-Wai`aha Village Transit Oriented Development Area. 10. Special Management Area (SMA): The subject property is located approximately one (1) mile from the nearest coastline and is not within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: The subject, 14.968-acre parcel is irregular in shape and is currently vacant of any structures or improvements. The property slopes from east to west, ranging from 550-650 feet in elevation, with the highest point being at the southeastern end of the property. The northern and eastern boundary of the parcel is bordered by Hualalai Road. 12. Surrounding Land Uses/Zoning: There is a mixture of residential and agricultural zoning and uses in the area. Surrounding properties to the east are zoned Agricultural 1-acre (A-la) and are approximately one (1)to three (3) acres in size, with existing single-family dwellings. Properties to the north are mostly zoned A-la, with each parcel approximately fourteen (14) acres in size and are largely undeveloped or vacant. A small parcel directly adjacent to the north, zoned A-la, is developed with a water tank, owned by the Water Board of the County of Hawaii. An additional small property directly adjacent to the north is zoned A-5a, owned by the County of Hawaii and is currently undeveloped. The property directly adjacent to the west was rezoned from A-5a to RS-10 in 2010 but is currently undeveloped. Properties to the south are a mixture of residential zoning, including RS-7.5 (Pualani Estates Subdivision), RS-15 (Sugar Cane Lane Subdivision), RS-20 (Hualalai Heights Subdivisoin) and RA-.5a(Kona Orchid Subdivision) and have been developed as residential subdivisions. The property directly adjacent to the south is zoned A-5a and is currently undeveloped. 13. ALISH: The subject property is designated as Unclassified. 14. Land Study Bureau's Detailed Land Classification System: Approximately two-thirds of the subject property is classified as "D" or"Poor" for agricultural productivity, with the remaining one-third of the property classified as "C" or "Good" for agricultural productivity. -3- 15. U.S.D.A. Soil Survey: The soils on the subject property are classified as Punalu`u extremely rocky peat, 6 to 20 percent slopes (rPYD). 16. FEMA FIRM MAP: Zone X, an area determined by FEMA to be outside the 500-year floodplain. 17. Flora/Fauna Resources: No professional floral or faunal survey was conducted of the property. According to the applicant, though rare or endangered floral or faunal resources are unlikely to be found on the subject property due to the developed, suburban nature of the surrounding areas, it may be possible to find the Hawaiian Hawk, Hawaiian Owl, Hawaiian Goose and Hawaiian Hoary Bat. Potential impacts could be mitigated by timing of vegetation clearing to accommodate nesting and breeding cycles of these wide- ranging native and endangered species. The vegetation within the project area is primarily non-native and weedy in nature, consisting mainly of introduced grasses, kiawe, koa haole, opiuma, kukui, vines, weeds, and shrubs. Since the plants found on site are generally introduced, non-native species, the applicant believes that the overall impact on flora is expected to be negligible. Introduced bird species such as dove, Japanese white-eye, house finch, myna, as well as cats, dogs, rats, pigs, and mongoose are also common on the subject property. According to the Division of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW), the Hawaiian Hawk or `Io (Buteo solitarius) may occur in the project vicinity and their nests might be present during the breeding season from March to September. DOFAW also reported that Hawaiian Hoary Bat or `Ope`ape`a(Lasiurus cinereus semotus) could potentially occur in the vicinity of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June Is'through September 15th. Additionally, State-listed waterbirds such as the Hawaiian Duck(Anas wyvilliana), Hawaiian Stilt(Himantopus mexicanus knudseni), Hawaiian Coot(Fulica alai), and the Hawaiian Goose or Nene (Branta sandvicensis) may also potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass this species. DOFAW also reports that the project area falls within the historic range of the State-listed Blackburn's Sphinx Moth -4- (BSM: Manduca blackburni) and has recommended measures to avoid harm to BSM. Finally, DOFAW has provided guidance on measures to avoid and minimize impacts to the listed species, in addition to guidance on avoiding the spread of invasive species and pathogens. 18. Archaeological/Cultural/Historical Resources: The State Historic Preservation Division (SHPD)has confirmed that an archeological inventory survey (AIS) was completed in 2005 and accepted by SHPD. The AIS documented six (6) historic sites, all located within the subject parcel and assessed by SHPD as significant under criterion D. According to the AIS, the sites included historic walls which functioned as boundaries for ranching, a ranching enclosure and a terraced outcrop interpreted as a temporary habitation site in use prior to Western contact. Five (5) of these sites were recommended for no further work and one (1)was recommended for data recovery. SHPD accepted a data recovery plan in 2008, as well as a subsequent data recovery report in 2009. Based on current information, SHPD's determination for the proposed project is"no historic properties affected." The applicant has stated that during clearing and grading of the property SHPD will be notified, and all work shall immediately cease, upon inadvertent discovery of any archeological or historic features. There are no known traditional or customary Native Hawaiian cultural rights being practiced within the subject property. 19. Public Access: There is no public access to the mountains or the shoreline that traverses the property. 20. Traffic: Section 25-2-46 (d) (1) of the concurrency provision requires a Traffic Impact Analysis Report(TIAR) as part of any rezoning application in situations where the projected use can generate 50 or more peak hour trips. Given the small scale and scope of the proposed project, a TIAR was not performed as the project conforms to the County's concurrency requirements. The applicant states that the project is anticipated to generate less than 50 peak hour vehicular trips and should not have a significant adverse impact to traffic along Hualalai Road. -5- UTILITIES AND SERVICES 21. Access: The subject parcel is accessed via Hualalai Road, owned and maintained by the County of Hawaii with an average pavement width of 20 feet and varying right-of-way widths. The applicant proposed two (2) new access roads, consisting of Proposed Road Lot A, a cul-de-sac providing access from Hualalai Road and a proposed road reserve easement providing access to the adjacent parcel to the south. Based on the proposed zoning, the Department of Public Works (DPW)recommends that the applicant provide improvements to the subject property's entire Hualalai Road frontage consisting of, but not limited to pavement widening, paved shoulder and swale improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. DPW recommends the improvements to be located along the entire subject property frontage of Hualalai Road equaling half the distance between the difference of the current and proposed right-of- way width and be dedicated upon request of DPW at no cost to the County. According to the General Plan, Hualalai Road is a collector road and therefore shall be improved to a 66-foot-wide right-of-way. DPW recommends that all driveway connections meet the requirements of Hawaii County Code and that the applicant install any required streetlights or traffic control devices that may be necessary, with design purchase and installation being the responsibility of the applicant. The applicant has requested relief from DPW's recommendation to provide improvements, including pavement widening, paved shoulder and swale improvements along the Hualalai Road frontage., with the rationale that the applicant's fair share contributions should fulfill the financial burden to mitigate potential regional impacts of the development with respect to public facilities. Additionally, the applicant states that the topography on Hualalai Road makes the project challenging, and that an alternate proposal is to subdivide and eventually dedicate a future road widening strip to the County. 22. Water: According to the Department of Water Supply (DWS), water can be made available from an existing 8-inch waterline along Hualalai Road which fronts the subject -6- property. DWS has confirmed receipt of a water commitment deposit for the proposed development in the amount of 2,800 gallons per day, or seven (7) additional units of water at an average of 400 gallons per day. Additionally, DWS states that as the landowner is a member of the Wai`aha System, LLC, which has executed a Water Development Agreement with the County Water Board, the landowner obtained a water commitment in the amount of six (6) equivalent units of water at an average daily usage of 400 gallons per day, per unit, for the subject parcel. Additionally, DWS has requested that the applicant submit documents to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to the final subdivision approval being granted. According to comments from the Department of Land and Natural Resources, Commission on Water Resource Management(CWRM), the actual water consumption for the proposed subdivision of eleven (11) agricultural lots may exceed the amount estimated by DWS, and the applicant should explain how they propose to meet the likely additional water demand. Additionally, the Groundwater Branch of CWRM recommended consultation with the region's Aha Moku Council (moku) on whether a land use conversion or project that uses water will impact any traditional and customary practices. As of the date of this writing, the applicant has not provided a response to comments from CWRM. 23. Wastewater: According to initial comments from the Department of Environmental Management(DEM), the subject property is within 300 feet of the existing Hawaii County sewer system, therefore the applicant would need to connect in accordance with Section 23-85 (Subdivision Code) of the Hawaii County Code. Following the applicant's request for relief from sewer connection requirements, DEM added the allowance that the applicant shall either construct an extension of the sewer system or shall follow Department of Health (DOH)regulations. According to DOH, the applicant can install individual wastewater system (IWS)in accordance with Hawaii Administrative Rules (HAR), Chapter 11-62, Wastewater Systems, for the proposed eleven (11)lot subdivision provided that each lot is at least one (1) acre or greater in size and that only one (1) -7- dwelling, with no accessory dwelling unit(ADU) is allowed on each lot. Additionally, DOH requires that the project shall connect to the County sewer system should it become available to the area. 24. Solid Waste: There are no municipal solid waste collection services in the County. According to the application, solid waste will be handled by commercial haulers, who will dispose of the refuse at authorized landfill sites. 25. Utilities and Services: All essential utilities and services are available to the property. The Kealakehe Police Station is located approximately three (3) miles north of the project site. There are three (3) fire stations within five (5) miles of the site including Kailua- Kona, Kealakehe, and Pu`uola. The Kona Community Hospital is located in Kealakekua. AGENCY COMMENTS 26. Department of Public Works-Engineering Division: (Planning Department Exhibit 4 - May 20, 2022 memo) 27. Department of Water Supply: (Planning Department Exhibit 5 -January 5, 2022 memo and February 9, 2022 letter) 28. Department of Environmental Management: (Planning Department Exhibit 6 - December 21, 2021 memo and February 17, 2022 letter) 29. Fire Department: (Planning Department Exhibit 7 - December 3, 2021 letter) 30. State Department of Land and Natural Resources-Engineering Division: (Planning Department Exhibit 8 -January 3, 2022 memo) 31. State Department of Land and Natural Resources- Division of Forestry &Wildlife: (Planning Department Exhibit 9 -January 18, 2022 memo) 32. State Department of Land and Natural Resources- Commission on Water Resource Management: (Planning Department Exhibit 10 - January 25, 2022 memo) 33. State Department of Land and Natural Resources-State Historic Preservation Division: (Planning Department Exhibit 11 -March 10, 2022 letter) 34. Department of Health —Clean Water Branch: (Planning Department Exhibit 12 — March 9, 2022 memo) -8- 35. Department of Health —Wastewater Branch: (Planning Department Exhibit 13 — March 9, 2022 memo) AGENCIES - NO COMMENTS OR OBJECTIONS 36. DLNR-Land Division AGENCIES - NO RESPONSE 37. Police Department, Real Property Tax Division APPLICANT'S RESPONSE TO AGENCY COMMENTS: 38. The applicant has submitted a response letter to comments regarding roadway and sewer improvements. (Planning Department Exhibit 14—February 4,2022 letter) -9- ZONING § 25-5-57 Section 25-5-57. Other regulations. (a) If any legal building site in the RA district has an area less than one-half acre, then the yard and height requirements for the building site shall be the same as the yard requirements for the RS district. (b) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (c) An ohana dwelling may be located on any building site in the RA district, as permitted under article 6, division 3 of this chapter. (d) Exceptions to the regulations for the RA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development pursuant to article 6, division 1 of this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 6. FA, Family Agricultural Districts. Section 25-5-60. Purpose and applicability. The FA (family agricultural) district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the State land use agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime, unique, or other important agricultural lands. Provided, that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide (LUPAG) map. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-61. Designation of FA districts. Each FA (family agricultural) district shall be designated on the zoning map by the symbol "IN' followed by a number and the lower case letter"a" which indicates the required number of acres for each building site. For example, FA-1a means a family agricultural district with a minimum building site area of one acre. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-87 Planning Dept. Exhibit 1 § 25-5-62 HAWAII COUNTY CODE Section 25-5-62. Permitted uses. (a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, minor, provided that the area or buildings used for such processing, shall be located at least seventy-five feet from any street. (2) Agricultural tourism as permitted under section 25-4-15. (3) Animal hospitals. (4) Aquaculture. (5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised Statutes and as permitted under section 25-5-67(b). (10) Farm dwellings, as permitted under section 25-5-67(b) and (c). (11) Game and fish propagation. (12) Group living facilities. (13) Kennels. (14) Livestock, grazing; provided that any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animals shall be located at least seventy-five feet from any lot line. (15) Public uses and structures, necessary for agricultural practices. (16) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest. (17) Riding academies, and rental or boarding stables. (18) Roadside stands for the sale of agricultural products grown on the premises. (19) Utility substations, as permitted under section 25-4-11. (20) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, and livestock grazing. (21) Veterinary establishments. (b) The following uses may be permitted in the FA district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Telecommunication antennas and towers. 25-88 ZONING § 25-5-62 (c) The following uses may be permitted in the FA district, provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Bed and breakfast establishments, as permitted under section 25-4-7. (3) Community buildings, as permitted under section 25-4-11. (4) Family child care homes. (5) Home occupations, as permitted under section 25-4-13. (6) Meeting facilities. (7) Model homes, as permitted under section 25-4-8. (8) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (9) Temporary real estate offices, as permitted under section 25-4-8. (10) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawaii Revised Statutes. (d) The following uses may be permitted in the FA district, provided that either a use permit is issued for each use if the building site is within the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Churches, temples and synagogues. (3) Crematoriums, funeral homes, funeral services, and mortuaries. (4) Day care centers. (5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (6) Major outdoor amusement and recreation facilities, includes stadiums, sports arenas, and other similar open air recreational uses. (7) Medical clinics. (8) Schools. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the FA district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 12; am 2010, ord 10-17, sec 5; am 2012, ord 12-28, sec 8; ord 12-124, sec 7; am 2014, ord 14-86, sec 8; am 2021, ord 21-26, sec 9.) Section 25-5-63. Height limits. The height limit in FA districts shall be thirty-five feet for any residential structure, including any single-family dwelling or farm dwelling, and forty-five feet for all other structures. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-64. Minimum building site area. The minimum building site area in the FA district shall be one acre. Other FA districts having larger areas may be designated in increments of one acre up to a recommended maximum of five acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-89 SUPP. 10 (7-2021) 25-5-65 HAWAII COUNTY CODE Section 25-5-65. Minimum building site average width. Each building site in the FA district must have a minimum average width of one hundred twenty feet for the initial one acre of required area plus twenty feet for each additional acre of required area; provided that no building site shall be required to have an average width greater than three hundred feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-66. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the FA district shall be thirty feet for front and rear yards and twenty feet for side yards. (b) In the FA district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. (c) Appropriate additional setbacks from adjacent residential zoned lands may be required by the director for those facilities and uses which may include more frequently used machinery and equipment in order to minimize potential lighting, odor, vector and air and water quality impacts. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-67. Other regulations. (a) If any legal building site in an FA district has an area of less than one acre, then the yard and height requirements for the building site shall be the same as the yard and height requirements in the RA district. (b) One single-family dwelling or one farm dwelling shall be permitted on any building site in the FA district. A farm dwelling is a single-family dwelling located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the FA district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement, and the County. The agreement shall require the dwelling to be used for farm-related purposes. (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the County to the director. Such plan shall also show how the farm dwelling will be utilized for farm-related purposes. (d) An ohana dwelling may be located on any building site in the FA district, as permitted under article 6, division 3 of this chapter. 25-90 ZONING § 25-5-67 (e) Exceptions to the regulations for the FA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (f) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 7.A,Agricultural Districts. Section 25-5-70. Purpose and applicability. The A (agricultural) district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-71. Designation of A districts. Each A (agricultural) district shall be designated on the zoning map by the symbol "A" followed by a number together with the lower case letter"a" which indicates the required or minimum number of acres for each building site. For example, A-10a means an agricultural district with a minimum building site area of ten acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under section 25-4-15. (4) Animal hospitals. (5) Aquaculture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (9) Crop production. (10) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised Statutes and as permitted under section 25-5-77(b). (11) Farm dwellings, as permitted under section 25-5-77(b) and (c). 25-91 LAND"* 194 Wiwoole St. Hilo, HI 96720 PLANNING (808)333-3393 HAWAII LLQ info@landplanninghawati.com October 27, 2021 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Submission of Change of Zone Application Applicant: Siting Chen Waiaha 1st, North Kona, HaN%raii, TMK: (3) 7-5-017: 043 Transmitted here for your review and processing is the submittal of an application requesting the rezoning of a 14.968-acre parcel of land from the Agriculture(A-5a)to the Family Agriculture (FA-1a)dIstrIct. The subject property is located on the southwest side of Hualalal Road, immediately southwest of its intersection with HienaloIi Road in Waiaha 1st, Kailua-Kona, North Kona, Hawaii. If approved, the applicant intends to subdivide the 14.968-acre parcel into eleven (11) lots, consisting of a minimum of one (1) acre each. The transmittal includes a) the application form; b) a letter of authorization allowing my office to file the application on the landowner's behalf, c) a list of surrounding property owners within one thousand(1,000)feet of the subject parcel; d) a certificate of tax clearance from the Hawaii County Real Property Tax Office, e) a metes and bounds description of the property; f) departmental questionnaire; and g) background& environmental report, which includes the Iocation and proposed site plan. Further a payment of$750.00 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— Siting Chen Planning Dept. Exhibit-a- Zoho Sign Document U 31RYZJZPBOV9BJK9PSXQSNR'ITOUWLiK51GOKE[424_C8 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print.the requested-information) APPLICANT: Siting Chen APPLICANT'S SIGNATURE: � ' 'y DATE: Oct 14 2021 23:19 PDT ADDRESS: 77-172 Laelae Street, Kailua-Kona, HI 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS; PHONE:(Bus.} (206) 856-0630 (Res.} (Fax} LANDOWNER(S): Siting Chen LANDOWNER SIGNATURE(S): `� J DATE: Oct 14 2421 23:19 PDT tMav be by letter] LANDOWNER(S)ADDRESS: 77-172 Laelae Street, Kailua-Kona, HI 96740 REQUEST.- A-5a TO FA-1a (.Existing zoning) (Proposed Zoning) TAX MAP KEY: 3 7-5-0'17: 043 STREET ADDRESS OF PROPERTY: noaddress SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 14.968 acres AGENT Land Planning Hawaii LLC ADDRESS: 194 Wiwoole Street, Hilo, Hl 96720 TELEPHONE:(Bus.) 848) 333-3393 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant Zoho Sign Document ID:31RYZJZPBQV96JK9PSXQSNRITOUWt_1KS9GOKEN24_C8 TO WHOM IT MAY CONCERN: As landowner of parcel identified by TM K: (3)7-5-017: 043, 1 hereby consent and authorize Land Planning Hawaii LLC to file and process a Change of Zone Application on my behalf. Oct 14 2021 23:19 PDT Siting Chen Date Zoho Sign Document ID:G-NXLDKRT6Gi1F1F-ETBGKJL-LF1N3EPVRWXNH6Q_FHW4 ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I. If your request is approved,do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? 14.968 b. Into what lot sizes? 1-3.5 acres c. If your request is approved,approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 3 months d. Do you intend to build houses on the newly created lots? Yes If yes, please answer the following questions: On how many of those lots? At what approximate price range? House TBD Lot TBD Total TBD Approximately how long, after approval of the subdivision, TBD would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form, Included 2. if you have no firm plans of subdividing the subject area,do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other(please state) P.D.2 5/$4 Z Zoho Sign Document ID:G-NXLRKRT6GUFlEETEGKJL-LFIN3EPVRWHNH6Q_FHW4 f. If you intend to do either a, b or c, please elaborate on the kind of plans the other party has. Please also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. do you think that your request and your further plans for the land will alleviate the local housing situation? Yes Flow? The potential will exist to build 11 farm dwellings. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used far any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product, 6. Was your request to allow for the creation of small agricultural lots? Yes If so, did your pian include the following considerations? a. Commodity to be produced? No What Kinds of commodity? b. Suitability of the proposed lot-size for that commodity? NIA c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? NO 2 Zoho Sign Document ID:G-NXLDKRT6GUF1EET6GRJL-LF1N3EPVRWXNH60_FHW4 d_ Agricultural leases or other forms of assurance that}potential buyers or leases wilt would put the subject area into some form Yes of agricultural use? f Please state the proposed type of arrangement. The property would maintain its agricultural designation and so any dwellings built on the property would be required by the County to be farm dwellings. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together N/A with your request for a change of tone. If you do not intend to subdivide the subject tand for some sort of Agricultural purpose, please state your other reasons. The property would be subdivided to create additional Family Agricultural lots. 7. To your knowledge, has there been any flooding and/or drainage problem A�e on the subject area? I If so, please describe the problem. 8. Co you think that the roads leading up to the subject area needs Yes improvements? If so, what kind? DPW has previously noted Hualalai Road to be substandard based on width, alignment and roadside hazard clearances. Is the road adequate for the proposed traffic volume or bad? Adequate 9. What sort of government assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools No b. Roads No c. Sewer No d. Drainage No 3 Zoho Sign Document ID:G-NXLDKRT6GUF1EET6GKJL-LFlN3EPVRWXNH6Q_FHW4 e. Police Protection No f. Fire Protection No g. Recreational Facilities No h. Public Utilities No L father No For those checked "yes", phase elaborate what type or kinds of improvements and/or assistance are needed. Signature: _ Address � 94111111111�a1e St, H Ilo, H i �67�fl Telephone: 808-333-3393 ❑ate: Oct 21 2021 09:16 PDT 4 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST(A-5a to FA-la) SITING CHEN W AIAHA 1 ST,NORTH KONA,HI 96740 TMK: (3) 7-5-417: 443 Table of Contents I. INTRODUCTION................................................................................................3 11. PROfECT LOCATION....................................---•---•-•-----•---•---..............................3 III. PROTECT DESCRIPTION................................................................................ .3 A. Project Concept and Components.......................................................---............3 B. Project Timetable and Cost..................................................................... .7 IV. INSTITUTIONAL CONSIDERATIONS................................................................7 A. State Land Use...................... ............................................7 B. County General Plan....................... ..................................................................7 C. Kona Community Development Plan..................................................................I I D. County Zoning...................... .................................I.......I...,........12 E. Relationship to SMA Objectives and Policies......................................................14 F. Other Permitting Requirements...................................................... .....16 V. ENVIRONMENTAL CONSIDERATIONS ..........................................................16 A. General Description..........................................................................................16 B. Soils and Topography .......................................................................................19 C. Natural Hazards ...............................................................................- ----...19 D. Flora/Fauna .....................................................................................................21 E. Historic/Cultural/Archaeological Resources ........................................................22 F. Valued Cultural Resources ................................................................................22 G. Water and Coastal Resources.................................................................... ........23 H. Noise, Air Quality, and Dust..............................................................---........23 I. Scenic and Visual Considerations.......................................................................23 VI. SOCIAL AND RELATED CONSIDERATIONS ..................... 24 A. Surrounding Land Uses..............................................:......................................24 B. Economic impacts................................................................... .....24 C. Agricultural Impacts.................. ............... ..............24 VII. INFRASTRUCTURAL CONSIDERATIONS.......................................................25 A. Road............................•-.......-•-•-•-•-•-•-•-•-•-•-•-...................................... .--...25 B. Water...................... ....................................26 C. Wastewater......................................................................................................26 D. Solid Waste ............................................................... ..............-...........-...26 E. Other Government Services...................................... ........................................26 F. Other Utilities..................................................................................................27 VIII.R%4PACT SIGNIFICANCE ANALYSIS ...............................................................27 1 A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productive .......................................27 B. Irreversible and Irretrievable Commitment of Resources ......................................27 C. Mitigative Measures ...................... .........-27 D. Alternatives to the Proposed Project...................................................................28 IX. REGULATORY ANALYSIS ..............................................................................29 A. General Plan LUPAG Map.................. 29 B. General Pian Polices................................................ ........................................29 C. Kona Community Development Plan..................................................................32 D. Zoning and Subdivision ...................... ..........32 E. Conformance to State Land Use Agricultural Standards........................................32 X. CONCLUSION..................................................................................................32 Figures 1. Location Map,........ . ......... ,,,................................._...... 4 2. Rezoning Exhibit Map. ...... ............................ 5 3. State Land Use Designation Map................................_......------................... 6 4, KCDP Concurrency Map.--........ ............................... ......... S S. LUPAGMap........................... ............................... 9 6. Zoning Map........,,. ...................................._...---..._.... 13 7. Watershed Map.........................., ....................... 17 S. Surrounding Property Map......... ......................................... 18 9. Flood Hazard Assessment Report.., ..... ....................................... 20 Exhibits A. February 25, 2010 Letter from Planning Director B. May 23, 2013 Letter from Planning Director C. Archaeological Inventory Survey D, November 30, 2009 Letter from DLNR SHPD E. May 29, 2013 No Effect Letter from DLNR SHPD F. September 30, 2021 Letter from Dept. of Water Supply G. Waiaha Water Agreement H. Second Amendment to Waiaha Water Agreement 2 L INTRODUCTION Siting Chen ("applicant")is requesting the rezoning of a 14.968-acre parcel of land in Kai lua-Kona, Hawaii from Agriculture (A-5a) to I cnn7 lyAgricullure (FA-1 a). The property is located on the southwest side of Hualalai Road, immediately southwest of its intersection with Hienaloli Road (Figure 1). If approved, the applicant intends to subdivide the 14.968-acre parcel into eleven (11) lots, consisting of a minimum of one(1) acre each (Figure 2). The applicant intends to retain the largest lot, consisting of roughly 3.5 acres, for the purpose of constructing his own single-family dwelling and planting an orchard(lychee, longan, mango, avocado, ulu, papaya, banana and dragonfruit) and vegetable plots. The remaining ten (10)lots would be sold and will help address the need for greater diversity of housing choices in the Kona area by creating additional fee simple lots to serve as housing while providing opportunities for diverse small-scale farming. II. PROJECT LOCATION The project site is located on the southwest side of Hualalai Road, immediately southwest of its intersection with Hienaloli Road (Figure 1). Vehicular access to the property is from Hualalai Road. M. PROJECT DESCRIPTION A. Project Concept and Components The subject site consists of 14.968 acres and is currently vacant of any structures. The applicant wishes to obtain a change of zone from A-5a to FA-la in order to subdivide the subject property into eleven (11) lots. If approved, the proposed lots woul d range from approxi mate]y I-acre i n si ze to approxi m ately 3.5-acres i n si ze (Figure 2). The lots would be accessed via two proposed cul-de-sacs. In 2013, the previous owner of the subject parcel submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban (SLU 13- 000038)and a Change of Zone from A-5a to RS-15 (REZ 13-060164)with the intent of subdividing the parcel into 43 lots. These applications were forwarded on to the County Council with a favorable recommendation from the Leeward Planning Commission and the Hawaii County Planning Department, but were subsequently withdrawn by the applicant. During the application process it came to light that the Department of Public Works found the condition of Hualalai Road to be substandard and the favorable recommendations contained conditions that included various improvements to Hualalai Road. Those improvements were cost prohibitive, and the previous project was withdrawn. The current application differs from the one submitted by the previous landowner significantly in that the current request for T'A-la zoning would be in a]ignment with the property's current State Land Use designation of Agricultural (Figure 3) and that it proposes a much lower density than had been sought by the previous landowner(I 1 lots rather than 43 lots). The applicant expects that dedication of some land fronting Hualalai Road will be required as a condition of the proposed 3 By PLE Ix� dare �9JS iii vp e ch IxImvn o: 4*f + ro ik ov'Fo L r w J it i V r pq N �H P �5 c 2 ! �•�' y Q � �s r�i 6 :�� 1 en 1, kA . r i n n ty e f� 01 yr M n _ f I Cn n Subject Site 4 figure 1 k J 1J JAS Ili i Ic 3)VI'%o b PLO If vo Vn ca y o O � b � o � '` ❑to ❑ z � Q ca i s� Z e' a y � - x DR, 1 v '' ` Figure 2 STATE LAND USE CLASSIFICATION N f + Subject 1 Property . P IN J;- 10/14/2021, ;1011412021,10:59:57 AM 1.9.028 D 0"05 ❑1 0.2 mi State Land Use Classifications(SLU) Urban Street Centerlines ❑ 0.1 0-20,4 km Agricultural Ea i.NASA"NGA"❑SCaS. cooly a Harte IT❑epaNeenl"E.11CommunRy Parcels(current boundary lines) 0 Hawaii County District Boundary � Coma e— 'O CpenSlree9Aap" ARcrosoll" EW. HERE. esmi.. sefeC api"nET M$A_USC4.EPA.us Census Bureau.usOA Rural Address Points E Figure 3 N,asApp�MrRrdcls Ra corAMs of lnls map were praised formm aolenel and pi—Ing purpeaes only and may net lave Been prep—diw a he miwwa far mgm,englnsing,ar n•vg"lupmes. subdivision. As such. it is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivi si on approval to accommodate County subdivision requirements and appropriate conditions of approval. B. Proiect Timetable and Cost The applicant hopes to secure County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by early 2023. The estimated cost of improvements for this project may be $500,000 or more depending on improvements required. Two new cul-de-sac access roads are proposed to service the subdivided lots. Proposed Road Lot A would be approximately 135 feet in length and proposed Road Lot B would be approximately 430 feet in length. Currently both roads are proposed to meet private non-dedicable standards in accordance with Section 23-88 of the Hawaii County Code. Additionally, the subject parcel is served by the Department of Water Supply with sufficient capacity to serve the proposed subdivision. IW. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated State Land Use Agricultural (Figure 3). This designation is consistent with the FA-la zoning request, B. County General Plan As determined by the Planning Director in letters dated February 25, 2010 and May 23, 2013 (Exhibit A & B ), the County General Plan Land Use Pattern Allocation Guide ("L UPAG")designates the subject site as urban expansion. The Planning Director further determined the property to be entirely within the Kona Urban Area, an area designated for Urban use on the Official Concurrency Map of the Kona Community Development Plan (KCDP) (Figure 4).The surrounding properties to the northwest, west and southwest are all designated urban expansion and the surrounding properties to the northeast, east and southeast are designated importaln agricielfural lands (Figure 5). The requested zone change from A-5a to FA-la addresses the desire for increased density and housing options in the area while still preserving the agricultural potential of the land. Thus, the proposed subdivision resulting in eleven (11)lots would be consistent with the urban expansion designation and no General Plan amendment would be required to effectuate this project. The following is a discussion of the praject's consistency with the specific goals, policies and courses of action of the General Plan that are relevant to the project. 7 CHAPTER 4 GOALS", OBJECTIVES, PoLlci s&ACTIoNS TRANSPoRTAT7oN Figure 4-3 Concurrency Map A B 12 L.F ' H ' •K .: �N�,i Subject Site {enlire.parcel -determined to be r r .urban expansion b Planning Director i 2D1 0) Legend Ccncurrency Zone'Proposed Roads" �— A Ssawe s F-a —Co." Kaiiva L f C —PreMi�+ary - c 0 —From _ ran -M Kana Um Area• - ®� �R"t—MOV - �-C N••.: �d J — EXAM ROW" -K P L - 4 i- h1 Poky Layer M - P C• Miles N _ 0 0.5 1 2 Keauhou 1 inch equals 1 miles Source. County of Hawaii. j J The Countyof Hawad Planning Department J ,� is the repository of the official map. Kofv4 Cir'-' 4-25 8 Figure 4 LU PAG , '` 1 entre site " 'det$rrrtird tp v be Irba .` expjnsirftt� dbject FPperty `K A. 10/14/2021,11:07:08 AM 1:5,028 D 005 0.1 0.2 mi Land Use Pattem Allocation Guide(LU PAG) Rural Address Points !1 1 1 • Tr • .. I r� ❑ 0.1 ()_2 0.A km ImportantAg,Lands Ea.NASA"NGA"❑SGS. only of Ha.ai IT C.p.,m.nI-EW Com—ftyr Urban Expansion Street Centerlines %WConkb rtes" .m CpenSIMOW.p" AFcro 0- Ba. HERE. Gamin. Low Density Urban Sar� M r,�V,w L S,EPA JS Cen—6u�eey.USDA Parcels Current boundary Iines)�t'lawall County District 6qundery Medium Density Urban 9 Figure C C wec Apps r,na.rerArdA$ Tra centa■s ami:map—prepaed Mr Miran gg"and planning purposes only and may net Imus ne•n propose for a he pi Io for legal,engineering"a nnrpyng pr■pmos, Goal 2.2 (a) -Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. The proposed action would create the potential for 10 additional lots that could be used to house farm dwellings and family agricultural activities. In doing so, the project could aid overall economic use of the site and the area in general_ Goal 14.22 (e) -Preserve and enhance opportunities.for the expansion of Hawaii's Agricultural Industry. The proposed project would be in alignment with the property's Agricultural State Land Use Designation and thus preserve the potential agricultural use of the property. It would enhance opportunities for small-scale agricultural operations associated with residential activities. Policy 14.2.3 (b) -Assist in the deivlopment of basic resources such as water, roads, transportation and distr'ibrrtion facilities,for the agricultural industry. If approved,the applicant will be required to make fair share contributions to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. These contributions would be proportional to the impact from the additional Ia lots and would provide financial assistance for the development of basic resources. Course of Action 14.2.4.6.2(c) -Encourage hr ffer zones or compatible uses between important agricultural land and adjacent uses of land The TA-la designation is intended for small-scale agricultural operations associated with residential activities and would thus serve as an appropriate buffer between the residentially zoned properties to the south and west of the subject site and the agriculturally zoned properties to the north and east of the subject site. Goal 14.6.2 (a) - Io maximize choices of single;family residential lots and-or housing for residents of the County. The proposed eleven (11) lot subdivision would offer additional housing options for residents who wish to partake in small-scale agriculture. Goal 14.6.2 (b) - To ensure compatible rises within acid ae1jac•ent to single,family residential zoned areas. Given that 1•A-la zoning is intended for small-scale agricultural operations associated with residential activities, this zoning would be compatible with both the adjacent residentially zoned areas as well as the adjacent agriculturally zoned properties. 10 Course of Action 14.6 5 7.2(b) -Improve and develop roadways, water rind sewerage systems, and other hasic facilities necessary to encourage development of lands suitable for residential use. Sufficient water is available to support the subject property through the Department of Water Supply and an easement already exists through the subject property for water transmission line purposes. Additionally, as mentioned previously, if approved, the applicant's fair share contributions would provide financial assistance for the development of basic facilities. C. Kona Community Development Plan The purpose of the Kona Community Development Plan (KCDP)is to articulate Kona's residents' vision for the planning area, further define the General Plan and serve as a guide for decision-makers. The KCDP designates the subject parcel as within the Kona Urban Area. The proposed change of zone request is conducive to the following goals, objectives, and policies outlined in the KCDP as amended by Ordinance 19-091 effective September 18, 2019; Policy LU-1.2: Urban Area The majority r f ftrfure grou-1h in Kona shail he directed to the Korea Urhan Area shown on the Official Kona Land Uw Map, which*parrs from the Kona International Airport to Kearrho a suhject to the policies set forth carder Objective LU 2 ilrhan Area Groivlh Management. The subject parcel is located within the Kona Urban Area and thus slated for growth by the KCDP. Policy LU-1.4; Consistency with Land Use Pattern Allocation Guide (LUPAG). The current L(IPA G accommodates the vision and needs for the Kona CDP area planning horizon carrel should be amended only for compelling reasons.Arry rezoning application shall be consistent with the L(IPA G. The current A-5a zoning of the property is not consistent with it's LUPAG designation as urhan expansion. Thus, a change of zone which would allow for increased density would be more appropriate and consistent with the LUPAG designation. Policy LU-2.8 I)evelopment Outside Transit-Oriented Developments (TODs), but within the Kona Urban Area. Developmem outside the T ODs, but with the Kona IIA, may occur as follows: 2. b. Conventional Rezoning. Rezoning to other than IND, is subject to the following guidelines: i. Consistency"Pith LUPAG. Refer to Policy LU--1.3. ii_ Infill. Rezonings that promote infill are encouraged The concept of'irfill is to connect two or more pre-existing developments. Igfrll rezonings should be conditioned to ensure connectivity to the 11 surrounding developments and, where applicable, to provide mixed-use opportunities to make the area more walkable. iii. "Greenfields"Rezoning. Rezoning anywhere within the Kona UA, whether within or outside a TDD area designated on Figure 4-7 Official Kona Land Use Map, That is not a TDD, TND or infill shall require an amendment to the Dona CDP. c. State Land Use. Where a rezoning application meets the above criteria, the County shall support a State Land Use Urban Boundary amendment ,for lands wilhin the (�oum)? Urban Expansion Area. Although the current zoning of the subject property is A-5a, the parcel is designated as urban expansion and wholly located within the Kona Urban Area. Further, it is proximate to several residential developments and thus is a good candidate for infill. Objective HSG-4: Build More Units. To build more units that offer a variety of housing types, tenures, and affordability. If the proposed FA-la zoning is approved, the resulting subdivision would bring variation in housing types, tenures and affordability to the area by providing smaller agricultural lots which offer additional small-scale agricultural opportunities in the area. Objective Econ-Z. Strengthen and Encourage New Agricultural-Related Endeavors. To enhance existing and encourage new agricullurally-related endeavors. As the land is currently used for grazing, the proposed zoning would enhance the land by offering more affordable opportunities for small-scale agricultural operations which would be more cohesive with the surrounding residential activities. D. County Zonine The County Zoning of the subject property is,4-5a. Surrounding properties to the north and east are zoned A-la, the property directly to the south is zoned A-5a and the property directly to the west is zoned RS-ID. Other surrounding properties are comprised of nearby subdivisions consisting of a mixture of RS-7.5, RS-15, RS-20 and 12A-.5a(Figure G). The requested FA (family agriculture) zoning district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as within the State land use agricultural district, where public services and infrastructure are appropriate to 12 ZONING Ta N ' = A _ �V Subject I 1 Property •l 1 �i� • �; -- _ •: .•mss I�s_I �• ;•_,: � . 10114/2021,11:03:55 AM 1:9.028 D 0.05 0 f 0.2 mi Hawaii County Zoning CN-20 RM-2-5 RS-15 1i , i, - --I--- 0(road) 0 ❑11 0.2 0.6 km CV-10 RM-5 RS-20 Ed.NASA-NGA-USGS.�ourty a Herm IT�epbNnenl-EW Cammunny A-'a Uq. Comnbuk"- 0 OpenSlre.bp- bR_._ EW. HERE. C—min. RA--5a RS-10 RS-7-5 safe(�rapn-WYIrT L S,EAR us C--Bureau,USDA A 5a Pa"IS(CUm3nt boundary lines) 13 Figure 6 web npperrder rernrtsA$ R cencens ami:map were prepared for Mom allonal and planning purpeees only and may me neve been prepnreara a be sunabie for legel,engineering or eurveyng papaws. support the very low-density residential needs of a rural community and where a substantial number of parcels are less than five acres in size and where: a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. Thus, the FA zoning request offers the potential for uses that would bridge the gap between the mixed LUPAG map designations of the surrounding area as urban expatariara and import ant agricultural leaaarls and the KCDP identification of the parcel as within the outskirts of the Kona Urban Area. Further,the requested 1,A-Ira zoning would generally maintain consistency with the zoning of the surrounding area by providing family agricultural lots to offer both housing and agricultural opportunities to the community. If approved,the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested F.1-la zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is located approximately 1.3 miles from the coastline and outside the County Special Management Area(SMA). The entire island falls within the Coastal Zone Management(CZM) Area. Thus, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It sits approximately 1.3 miles from the shoreline at an elevation of approximately 550 to 650 feet. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts on the area's historic resources is not high. An Archaeol ogi cal Inventory Survey of the subject property as well as the neighboring parcel to the west, Parcel 042, was commissioned by a previous landowner and submitted by Rechtman Consulting LLC to the Department of Land and Natural Resources, State Historic Preservation Division (DLNR SHPD)on August 17, 2005 (Exhibit G). The survey indicated six(6) previously unrecorded archaeological sites, none of which were recommended for preservation. The sites included historic walls which functioned as boundaries for ranching, a ranching enclosure and a terraced outcrop interpreted as a temporary habitation site in use prior to Western contact. The DLNR-SHPD recommended data recovery for one site on each property - site 24558, located on the subject property, and site 24562, located on Parcel 042. A Data Recovery Report for both sites was subsequently submitted to and approved by the DLNR-SHPD prior to completion of the data recovery (Exhibit D). Further DLNR-SHPD issued a letter acknowledging the aforementioned archaeological work and stating that no historic properties would be affected with regard to a previously submitted and withdrawn Change of Zone application which would have resulted in a higher density zoning of the property (Exhibit E). 14 However, in the event any undocumented archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-SEP❑ and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. The proposed action may eventually involve the construction of improvements (particularly dwelling units)in a family agricultural setting. Accordingly, there is a potential for minor visual impacts to the area's scenic and open space resources. However,the project would involve the construction of, at most, a single-family farm dwelling on each of the proposed lots. Further, as the area surrounding the site is largely residential and the natural topography declines from mauka to makai, any structures on the site should not visually affect any scenic views of the adjacent properties or from Mama]ahoa Highway. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located approximately 1.3 miles from the ocean at the 550-650 foot elevation. Notwithstanding the distance, the family agricultural nature of the project and the potential construction of only eleven(11)individual wastewater systems are such that any potential coastal ecosystem impacts should be negligible. The proposed action will create the potential for eleven Family agricultural lots in this area. In so doing, the project could aid the overall economic use of this site and the area in general by providing smaller, more affordable lots for housing and agricultural uses. Because of its distance from the shoreline,the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However,it is noted that the request would operate and be constructed within the scope of the Zoning Cade. The subject site would be zoned f,A-lei, and the requested use and design/parameters(parking, height, setback, etc.)would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two(2)notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies, and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to the Special Management Area. 15 F. Other Permitting Requirements As noted earlier, other permits would be required. These other permits would be of the"ministerial"variety, such as Subdivision Approval, Building Permits, etc. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is generally rectangular in shape, narrowing towards the east and is accessed via Hualalai Road, which is a County owned and maintained paved access road. There are currently no structures on the subject parcel. The site is situated at the 550-654-foot elevation level. The property slopes roughly from east to west, with the highest point being at the southeastern end of the property. In spite of the gradual rise, there does not appear to be any topographic constraint in developing and utilizing the site for eleven (11)lots. The subject property falls within the Kahului 2ii3 Ahupuaa. The subject property also straddles the southern boundary between the Waiaha and Holualoa watersheds, with a majority of the land within the Waiaha watershed (Figure 7). The Waiaha watershed drains approximately 10,200 acres of land extending along the coast from Puapuaa Point at the south to Palai Paakai at the north. The watershed rises to its highest point of approximately 8,104 feet of elevation near the summit of Hualalai over a distance of approximately 10 miles. The Waiaha Springs State Forest Reserve and southern portions of the Honuaula State Forest Reserve sit at middle and upper elevations of the watershed. Approximately 950 acres(9.3%)of the watershed are designated for Urhatr uses by the General Plan LUPAG map. Approximately 3,800 acres(37.3°/x}is designated C onseri ation. A small portion of approximately 30 to 40 acres is designated Operr by the LUPAG. The remainder, approximately 5,400 acres (53%)is designated Important Agricultural Land or F'Xtensive Agriculture. Much of the Urban designated land within the Waiaha watershed remains undeveloped. The project area is situated off of Hualalai Road, directly northeast of the Pualani Estates subdivision, approximately 400 ft north of the Sugar Cane Lane and Hualalai Subdivisions, approximately 0.3 miles south of the Hualalai Colony Subdivision and just northwest of the Kona Orchid Subdivision (Figure 8). Surrounding properties to the east consist of mostly of l-to-3-acre A-la-zoned lots containing single-family farm dwellings. Properties directly to the north are also zoned A4a, are roughly 14-acres in size and are largely undeveloped. The property immediately to the west was rezoned from A-5a to RS 10 in 2010, but has yet to be developed. Properties to the south mostly contain single-family dwellings and are largely a mix of RS-7.5, 16-15 and RA-.5a zoning with one l]- acre parcel zoned A-5a immediately south of the subject site(Figure 6). A 0.489- 1s .f jam ► _; r`�ti�i�i�-�. w .�.:.',. - 1 l - �•, +♦iii♦ ♦�i�i�. r - • - rl • r ■ ®®® �� meg'. - ❑� lai C.adh � R � .. ��.. - � taw � •1 R n. Subject E TO Site Y '� Kona Or�hid � Ston i\ isi❑ Lon Stag. nem -'e ' r: ; ''• alai i stlat s t t rdei hts Al T i!bdi i5i � , , iv• r ■ acre parcel, which is the site of a water tank owned by the Water Board of the County of Hawaii, is located along the northern boundary of the parcel. The annual median rainfall for this area is approximately 30-40 inches, with most falling in the summer months. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally light and variable, dominated by local land-sea breezes, B. Soils and Topography The Natural Resource Conservation Service's Land Study Bureau provides a five- level soil productivity rating system where"A" represents the highest rating and "E" represents the lowest. The Overall Master Productivity Rating for the soils contained within the subject parcel consist mostly of"D" (Poor)soils and a smaller area of"C" (Fair) soils. The soil on the subject site is identified by the United States Department of Agriculture as approximately 34 percent Waicaha-Punrahm-I(Aw flows camplex wiih 2 to 10 perceni slopes and approximately 65 percent Waiaha-Pun alull-Lana .flaws complex, tirilh 10-20 percept slopes. The soil consists of volcanic ash over pahoehoe lava flows and is considered well drained with a high runoff class. The soil on the site is not considered prime farmland. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the site is unclassified. As noted earlier,the topography of the land slopes roughly from east to west, with the highest point being at the southeastern end of the property. The slope of the land appears to be between 5 to 24 percent. There appear to be no topographic limitations to developing the property into 11 family agriculture lots. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA)Flood Insurance Rate map (FIRM) identifies the project area as Zone-V (areas outside of the 500-year flood)(Figure 9). There are no identified existing drainage ways on the site. The applicants have not observed any significant runoff or erosion in the recent past on the subject site. During the course of the previously proposed change of zone application, the potential for off-site storm flows to affect portions of the subject property was encountered. We are currently working with the Department of Public Works to determine what may be required(if anything)to address this issue. Regardless, all development-generated runoff will be disposed of on-site and not directed toward any adjacent properties. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any 19 r' w , A K . � ,' •} �� -r f kyr• i 0739F ' ZONE x � 4 1 or� r1 4.' .-- CZA t. 4 0952F - BASEMAP: FIRM BASEMAP Figure 9 R' 1959 ••4 Flood Hazard Assessment Rep( ;A p . . ` www-hawaiinfip-erg SPECIAL FLOOD HAZARD AREAS(SFHAS) SUBJECT TO INUNDATION BY •' 7HE 195 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: purchase applies in these zones: COUNTY: HAWAII Zone A:No BF determined. TMH NO: (3)7-"17:043 Zane AE:BFE determined. WATERSHED: WAIAHA PARCELADDRESS: ADDRESS NOT DETERMINED Zone AH Flood depths of 1 to 3 feet(usually areas of ponding); RAILUA RpNA,HI 96740 BFE determined- Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard iwave action); LETTER OF MAP CHANGE(S); NONE no BFE determined. FEMA FIRM PANEL: 1551560739E Zane VE:Coastal flood zone with velocity hazard iwave action); SIFE determined. PANEL EFFECTIVE DATE: SEPTEMBER Z9,2017 Zone AEF: Floodway areas in 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 BF E. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood tone-No mandatory flood insurance purchase requirements apply, FDR MORE INFO,VISIT:http://www.scd.h awa ii.gov/ but coverage is available in participating communities- THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: N Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http:f/dlnrene-hawaii-govfdaml 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. Zane X:Areas determined to be outside the 0.2%annual chance 0 200 400 ft floodplain. Drscloimer.The Hawaii Department of land and Natural resources evLNR)assumes no responsibility arising from the use accuracy,completeness, and Nmelines5 of any information contained in this report. Viewers/users are OTHER FLOOD AREAS responsible for verifying the accuracy of the information and agree to indemnify the DLNR,Its Officers,and employ- ees from ony liability which may orise from its use of its data orinfarmatian- Zana D: Unstudied areas where flood hazards are undeter- L Id but flooding IS p05511bie. No mandatory flood Insurance if this map hos been idenrrffed as'PRELIMINARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu- ond is not to be used for flood insurance raring.Contact your county floodplain manager forflood zone determine- nities. tions to be used for compliance with local floodplain management regulotions- improvements will be built, if necessary, in conjunction with the appropriate permitting process. 2. Volcanic and Earthouake Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 4, on a scale of ascending risks with 9 being the lowest risk and 1 being the highest risk. All of Hualalai and the majority of the North Kona area falls in the Zone 4 category. The Building Code designates the entire Island of Hawaii Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. 3. Tsunami Hazard As the site is located 1.3 miles from the coast and sits at approximately the 550-654 foot elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site,the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. Further, the suburban nature of the surrounding areas would make it less likely to find endangered animal life in this area. It would be possible to find the Island- wide ranging Hawaiian Hawk (`lo),Hawaiian Owl (Puea),Hawaiian Goose (Nene), and the Hawaiian Hoary Bat on site, however this is not their main habitat. Potential impacts could be mitigated, if required,by timing of vegetation clearing to accommodate nesting and breeding cycles of these wide-ranging native and endangered species. The vegetation within the project area is primarily non-native and weedy in nature, consisting mainly of introduced grasses, kiawe, koa haole, opiuma, kukui, vines, weeds and shrubs. Since those plants found on site are generally introduced, non-native species, the overall impact on area flora is expected to be negligible. In addition, introduced bird species (such as dove, Japanese white-eye, house finch, myna)are common in this area. Domestic animals such as cats and dogs, and other animals like rats, pigs and mongoose are also common. These are all common and not endangered. As such, it is unlikely that the development of the subject property would cause any adverse floral or faunal impacts. 21 E. Historic/Cultural/Archaeological Resources An Archaeological Inventory Survey of the property was commissioned by a previous landowner and submitted by Rechtman Consulting LLC to the Department of Land and Natural Resources, State Historic Preservation Division (DI.LNR SHPD) on August 17, 2005 (Exhibit Q.The survey indicated six (6) previously unrecorded archaeological sites, none of which were recommended for preservation. The sites included historic walls which functioned as boundaries for ranching, a ranching enclosure and a terraced outcrop interpreted as a temporary habitation site in use prior to Western contact. The DLNR-SHPD recommended data recovery for the one site on either property, site 24558, located on the subject property, and site 24562, located on Parcel 042. A Data Recovery Report for both sites was subsequently submitted to and approved by the DLNR-SHPD prior to completion of the data recovery (Exhibit D), Further DLNR-SHPD issued a letter acknowledging the aforementioned archaeological work and stating that no historic properties would be affected with regard to a previously submitted and withdrawn Change of Zone application which would have resulted in a higher density zoning of the property (Exhibit E). Based on the existing completed AIS and data recovery, adverse impacts to historic, cultural, and archaeological resources are highly unlikely; however, in the event any inadvertent discoveries are made during any land disturbance activi ty rel at]ng to thi s proj ect, work wi 11 cease and the appl i cants wi 11 immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. F. Valued Cultural Resources In view of the Hawaii State Supreme Court's"PA SH" and"Ka Pa cakai 0 Kca`Aitia" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically,there must be a discussion on the cultural, historical and natural resources, as well as the associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used 1n the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiians gathering plants on the site or the adjoining properties. Thus, it would appear unlikely that the site would serve such purpose today- In the event that legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the legal and needed access within the site, 22 Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located approximately 1.3 miles from the coastline and sits at approximately 550 to 650-foot elevation. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non-coastal property, no coastal access will be affected. Any new construction will be served by Individual Wastewater Systems meeting with the approval of the State Department of Health. Increased impervious areas from driveways and structures will potentially contribute to a modest increase of runoff from the subject property. County drainage requirements, appropriate dry_ well and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. H. Noise,Air Quality. and Dust Access to the proposed lots will be via Hualalai Road. The existing ambient traffic level in this area should not be significantly impacted with the addition of eleven lots. As such,the corresponding noise level should remain the same. There may, however, be short-term noise and air duality impacts associated with any potential construction of farm-dwellings within the proposed subdivision. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct long-term air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air duality, the impact should not be significanr. Especially considering higher EPA standards for automobile air emissions, the air quality impact should be negligible. As such, with the exception of construction dust associated with any potential development of the properties, long term dust generated by the project should be minimal. I. Scenic and Visual Considerations In the Ncrlural Beauty element of the General Pian, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site, nor will the proposed rezoning and subdivision action affect any of the scenic resources outlined in the General Plan. 23 VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is a mixture of suburban, rural and agricultural in nature with a mixture of single-family dwellings, single-family farm dwellings and unoccupied agricultural pasture lands. Surrounding properties to the east consist of mostly of 1-to-3-acre A-la-zoned lots containing single-family farm dwellings.. Properties directly to the north are also zoned A-la, are roughly 14-acres in size and are largely undeveloped pasture lands. The property immediately to the west was rezoned from A-5a to ITIS-10 in 2010, but has yet to be developed. Properties to the south mostly contain single-family dwellings and are largely a mix of 16- 7.5, RS-la and R.4-.5a zoning with one I 1-acre parcel zoned A-Sa immediately south of the subject site (Figure 5). A 0.489 acre parcel containing a water tank and owned by the Water Board of the County of Hawaii is located adjacent to the northeastern corner of the parcel. Given the existing uses and zoning of the surrounding area,the proposed Fel-la rezoni ng and el even (I I)I of subdi vi si on woul d be congruous wi th the mixed agricultural and residential uses of the area by creating additional family agricultural lots to offer greater housing and agricultural opportunities to the community. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make eleven (11)additional fee simple lots available. These additional lots will create an increased property tax base for the County of Hawaii. The project will eventually create some short-term economic benefits during construction of the proposed subdivision and provide the potential for the construction of eleven single-family farm dwellings. This will create construction jobs, purchases from local suppliers, and due to the size of the project, the new lots will generate a modest increase in the demand for services such as landscaping and maintenance. As noted earlier, the proposed action will provide additional opportunities for housing. In doing so, the project could aid the general economy and the overall economic use of the site and the surrounding area: gas stations, convenience stores, area businesses, etc. C. A-gricultkiralInimicts The site has a LUPAG designation of urbati expatisioti and has not had any recent agricultural activities. The soil quality and topography of the subject parcel make it unsuited to most intensive commercial agriculture. The rezoning of the property to FA-la and subsequent eleven (11)lot subdivision would make the land more 24 attainable for the purpose of small-scale agricultural uses such as farm estates, small acreage farms or subsistence lots. As stated previously, the FA zoning is intended to be in areas designated as being within the State land use agricultural district and so no State Land Use Boundary Amendment is necessary for the change of zone. In addition, the Hawaii County Code identifies the FA zoning as intended for areas primarily comprised of agricultural lands less than five acres in area,which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime, unique, or other important agricultural lands. As this property is classified as mostly D(Poor)and partially C (Fair) and is unclassified under the Agricultural Lands of Importance to the State of Hawaii, the FA zoning and subsequent eleven (l 1)lot subdivision would be consistent with the County regulations. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the proposed subdivision would be provided by two proposed cul-de- sac access roads (Figure 2). Proposed Road Lot A would be approximately 135 feet in length and proposed Road Lot B would be approximately 430 feet in length. Both roads would be built to County standards for private dead-end streets in accordance with Hawaii County Code Section 23-88 and maintain a minimum 20 foot wide right-of-way with a minimum pavement width of 16 feet. Both Road Lot A and Road Lot B would connect to Hualalai Road, a County collector street with an 18 to 20-foot pavement width and a variable right-of-way which connects to Queen Kaahumanu Highway approximately 0.6 miles from the subject parcel. The Department of Public Warks has noted Hualalai Road to be substandard based on width, alignment and roadside hazard clearances. if approved, the applicant would be required to make fair share contributions to the County to mitigate the potential regional impacts. Those fair share contributions would be proportional to the number of lots being created (and thus impact due to the project) and a portion of the overall contribution would be designated to support road and traffic improvements. Further, the applicant expects that dedication of some land fronting Hualalai Road for the purpose of future road widening may be required as a condition of approval of the proposed subdivision and would agree to the land dedication at such a time when the roadway improvements take place, A Traffic Impact Analysis has not been performed for the planned subdivision. Given that the project proposes an increase of only 10 lots, much less than 50 peak hour vehicular trips are anticipated, 25 B. Water Consultation with The Department of Water Supply has confirmed the availability of water for the proposed rezoning and subdivision into eleven (11) lots. In a letter dated September 34, 2021, the Department of Water Supply determined that the subject parcel has 14 equivalent units(EUs)of water available to it (Exhibit F). These units include six (6) EUs available through the Waiaha Water System Agreement, two (2) EUs available through the current zoning and six (6)EUs available with a change of zone application. It should be noted that six (6) of those EUs are available through an amended and restated Water Development Agreement with the Water Board which was executed by Waiaha System,LLC on February 5, 2013 and most recently amended on February 12, 2021 (Exhibit G& H), The second amended agreement transfers 63 excess equivalent units of water from the subject site to the neighboring parcel to the west (TMK (3) 7-5-014; 042), thus reducing the water available to the subject site through the Waiaha System Agreement to six (6)as indicated in Exhibit F the agreement. Further, per item number 12 of the first amended agreement, DWS requires that two(2)EUs be allocated per dwelling unit on pare-els zoned RS-15 or larger and therefore the six (6) units provided under the Waiaha System Agreement can only be used to service 3 additional lots. For that reason, although there are a total of 14 equivalent units of water available, these water units will only support 11 lots. Additionally, there is already an existing easement for water transmission line purposes that runs across the northwesterly boundary of the property. C. Wastewater There is no County wastewater system serving the property. As noted earlier, any new construction will be served by Individual Wastewater Systems meeting the approval of the Department of Health, D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested FA-Ja zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this property is within the Kailua-Kona Urban Area, no extension of government services would be required. There is a Fire Station, Police Station, Public School, Library and a gas station all located within 4 miles of the subject site. In addition, there are recreation facilities In the general area as well. 26 As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone and electrical services can be made available to the site. Vlll. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Lone-Term Productivity If the request were denied,the short-team use of the area of the proposed rezoning would probably continue in its unused condition. Given the current A-5a zoning of the property, the applicant would have an opportunity to create one additional lot, which would provide only a slight increase to the housing stock in Kona. Given Kona's high demand for housing, an increase of only one lot would provide limited relief to the housing shortage. Further, a two-lot subdivision would result in large lot sizes for the area and would be sold at a higher price than if the lots were permitted to be smaller. From a long-term productivity standpoint, the proposed additional eleven (11)lots could provide a heightened level of possibility in having the land used for more valuable and small-scale agricultural purposes. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has classifications of"C" & "D" or fair and poor by the Land Study Bureau. The potential for viable large-scale commercial agricultural use of the property is limited by the size and shape of the parcel along with the poor-quality soils. An AIS has been conducted and approved by SHPD {Exhibit Q and the data recovery actions for archaeological sites have been completed, however an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity if needed. C. Mitigative Measures The applicant intends to make improvements, if required, generally consistent with the subdivision process. Also, if there is any construction activity, 27 contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site,work will stop (as is required by the State and County) and clearance will be secured before work is resumed. There are no existing delineated drainage ways on the property. Any and all required grading or grubbing work would be done in conjunction with the required permits. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Proiect. 1. No Proiect Under the status arra alternative, the site could continue in its idle state. The applicants would also not be able to reasonably develop the property to its highest and hest use. Z. Alternative Density Under this alternative,the applicants could seek a more dense zoning, such as RS-IS or possibly RS-10 zoning. These zoning categories would arguably be consistent with some of the surrounding zonings and the KCDP objective of concentrating growth into compact villages and limiting the growth of sprawling estate properties. However, there are practical difficulties of water supply and access that make this alternative less desirable. A State Land Use Boundary Amendment would also be required which would take this land out of the Agricultural designation to make it Urban. The proposed FA-la designation would allow this land to retain its agricultural potential while still promoting the objectives of the County General Plan and the KCDP by providing some amount of infill and growth. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map and KCDP. 28 In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested FA- la alternative. IJP. REGULATORY ANALYSIS A. General Plan LUPAG Maa The General Plan provides for the long-range comprehensive development of the Island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site as split between urban expansion. No General Plan amendment would be necessary to allow for the requested FA-la zoning. B. General Plan Polices The requested zoning Fuld be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide economic opportunities, from increased employment options and through the construction of any improvements required for the subdivision. The addition of single-family farm dwellings on the resulting lots will increase the real property values. In doing so, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five(5)areas of environmental concerns -air pollution, water duality, soil pollution, solid waste disposal, and noise pollution. As proposed,the project would not violate any of those objectives. Aside from the very limited vehicular transinission, air pollution associated with the project should be negligible. All wastewater would be handled by Individual Wastewater Systems approved by the Department of Health. This, combined with the distance of the property in relation to the coast, should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise, except what may be associated with the general agricultural and residential use. The project site is outside the boundaries of a flood way. Nonetheless, if required, a drainage system will be designed and constructed(especially in conjunction 29 with the subdivision approval process)in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. Archaeological surveys have identified historic sites on the subject property, and the recommended data recovery actions have been completed and approved by the DLNR SHPD. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State andJor County have been received. While there have been sightings of the Hawaiian Hawk (`la) and Hawaiian short- eared owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. The proposed FA-la zoning will help fulfil the objectives of the housing element by creating ten (10) additional lots, including the potential for single-family farm dwelling development. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project is intended to be developed in a manner where it blends with the existing terrain. As the project site is approximately 13 miles from the ocean and has an elevation of approximately 550 -650 feet, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Further, through the use of DOH approved Individual Wastewater Systems, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. Wastewater will be handled by Individual Wastewater Systems approved by the Department of Health, and a Department of Water Supply water line exists to the site. Access to the proposed lots will be via two proposed cul-du-sac roads. Currently both roads are proposed to meet private non-dedicable standards in accordance with Section 23-88 of the Hawaii County Code.. If approved, the applicant would be requircd to make fair share contributions to the County to mitigate the potential regional impacts of the development with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. Schools and other public facilities are located proximate to the site, most of them being less than 4 miles away. Finally, in terms of the Land Use and Housing elements, the pertinent goals, policies, and standards of the General Plan note the following. ■ Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. (Land Use Element) r Encourage and expand home ownership opportunities for residents. (Housing Element) 30 ■ Encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. (Housing Element) • Aid and encourage the development of a wide variety of housing to achieve a diversity of socio-economic housing mix. (Housing Element) ■ Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. (Land Use Element) • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. (Land Use Element) ■ Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. (Land Use Element) • Assist in the development of water for agricultural purposes. (Land Use Element) • Encourage other compatible economic uses that complement existing agricultural and pastoral activities. (Land Use Element) Discussion In view of the foregoing goals and policies, it is noted that the requested zoning would be generally compatible with the surrounding area. There are many A-1a zoned lots nearby the subject site. The current County Code now designates that Agriculturally zoned parcels of land that are less than 5-aces be designated as TA (Family Ag7leullnre). While maintaining algicultural land is important, as Kona and its surrounding area continues to grow,there is a continued need for greater housing options. The proposed project addresses this demand by creating ten (10)additional fee simple lots which can be used for both housing and agriculture. In addition to providing relief from the current housing crisis, this project also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure- an 8-inch water line already exists at the site, police and fire protective services are available nearby, and all other utilities are available to the site. As such,this development should not require additional public services to be provided. The soil of the site is classified as"C" and "D" or fair and poor by the Land Study Bureau and given the property's location within the Kona Urban Area, it would appear better suited to smaller scale Family Agricultural uses rather than large commercial agricultural uses. 31 The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. The prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Likewise, surface and subsurface arch acol ogi cal remains do not appear to be likely on this site. C. Kona Community Develonment Plan The Kona Community Development Plan (KCDP)attempts to further define the General Plan and serves as a guide for decision-makers. The subject property is located partially within the Kona Urban area and as it is proximate to many developed residential properties it is a good candidate for small agricultural infill. D. Zoning and Subdivision The designated zoning of the site is A-5a. Should the FA-la zoning be approved, the requirements of the zoning and subdivision codes would generally be complied with, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. E. Conformance to State Land Use Agricultural Standards The State Land Use Designation is Agricultural and thus the requested rezoning to FA-la would not be contrary to the State Land Use Agricultural Standards. X. CONCLi7SION Based on the consistency of the proposed change of zone request with the County's land use policies, approval of this request would be logical and reasonable. In addition, the request will help fulfil the need for additional housing while retaining agricultural lands and uses. Lastly, the requested density is consistent with the surrounding area and properties. The alternative of leaving the land in A-5a zoning greatly limits the potential use of the land and its family agricultural capabilities. While other zonings of a higher-density res]dent]a] nature could be sought, the requested PA-la zoning is the most sensible as it allows for greater use of agricultural land as eleven (11)fee simple family agricultural lots_ 32 Wiliam P.Kenoi <+�� RECEIVE D Meyer !, ,y B]Leithead Tadd MAR 0 11910 Director Margaret K.Masunaga s DePvey ri�•N�t County of Hawaii PLANNING DEPARTMENT Awuni Center . 101 Pauahi Street,Suite 3 . HI 10,F)awai`i 96720 February 25, 2010 Phone(808)961-8288 . Fax(868)951-8742 Mr. Steven S.C. Lim Carlsmith Ball LLP 121 Waianuenue Avenue Hilo,M 96721 Dear Mr. Lim: SUBJECT: General Plan LUPAG Map and Kona CDP Determination Tax Man Ke 3 7-5-17;43•Pua ua°a I st.North Kona DistidcL Hawaili This is in response to your February 8,2014 letter requesting the Planning Director's interpretation of the General Plan Land Use Pattern Allocation Guide(LUPAG)reap designation for TMK 7-5- 17:43 and whether the subject property is located inside the Kona Urban Area as defined in the Kona Community Development Plan(CDP), The General Plan LUPAG map designation for the subject property is Urban Expansion Area. In the Official Kona Land Use Map(Figure 4-7)in the Kona CDP,the line indicating the boundary of the Kona Urban Area runs through the property in a north-south direction. According to the official map rnetadata(enclosed) contained in"Attachment A"of the Kona CDP, the Kona Urban Area boundary line traces the LUPAG boundaries so that urban designations(ie. urban expansion area, low density urban, industrial) are within the Kana Urban Area and rural designations (ie. important agricultural lana) are outside of the Kona Urban Area. Therefore, since the property's LUPAG designation is Urban Expansion Area,the property is also determined to be entirely within the Kona Urban Area, Should you have questions, please contact Maija Cottle of my staff at 961-8159. Sincerely, OJ LEITHEAD TODD Planning Director MX:sntn P:lwpwiftcWai}alae!terszetertninaiiaMG Korn-7-5-17-43.d oc Encl: Pg. 6-7, Attachment A- Kona CDP xc: Long Range Planning Division Kona Planning Office HolVrti.l CWIOW is RR Equal 05PPary"niry Provider and Employer Exhibit A William P. Kenoi B] Leithead Todd "ay- w Director Margaret K. Masunaga West Hewai`i office East Hawaii office 74-5044 Ane Keahakelole Hwy 101 Patmhi situ[,Suite 3 Kadus--Kana,Ha ai'l 9674U County of Hawai�i Hilo,Hawaii 96720 Phanr(808)323-4770 Phmc(808)961-8288 Fax(808)327-35Ci3 PLANNING DEPARTMENT Fax(848)961-8742 MAY 2 '3 2013 May 23,2013 Carlsmith Ball LLP 121 Waianuenue Avenue Hilo, HI 96721 Dear Mr. Life: SUBJECT- General Pian LUPAG Map and Kana CDP Determination Tax May Key: 0) 7-5-017:043; Puaaua'a Ist,North Kona District.Hawaii Dear Mr. Lim: This letter will reconfirm that the General Plan LUPAG map designation for the subject property at TMK(3) 7-5-417: 043 is Urban Expansion Area, and also that the subject property is located within the Iona Urban Area as defined in the Dana Community Development Plan(KCDP),all as stated in our prior letter dated February 25,2010 (enclosed). Should you have any questions,please contact my office at 9.61-8288. Sincerely, / - � gzl- BJ LEITHEAD TODD Planning Director Exhibit B w_w�v rah I ening dem cgm Hawai-i County is an Equal Opporiuniry Prowder and Employer piannina aeo.ha%%art hi.us 4 . vO Ac�pter�� c� .51 _ �.� : RC-0285 An Archaeological Inventory Survey of TMK: 3-7-5-017:043 Kahului 2nd Ahupua`a North Kona District Island of Hawaii PREPARED BY: Lon E. Bulgrin,M.A. and Robert B. Rechtman, Ph.D. PREPARED FOR: Phil Tinguely Hualalai Partners of Kona, LLC PO Box 9013 Kailua-Kona HI 96745 August 2005 RECHTMAN CONSULTING, LLC HC: 1 N)x 4149 Keaau,Hmvai`i 90749.9710 pl,cone: (808)966-7636 fax: (808) 443-M5 e-mail_kxsb(0)reclitiiiancortsulting.r-nm AF:C i1AI;,0U-0lCA1„CUt,TURAI.,ANI)HTSTORl(:Al.STIMIM & 4%,T'q;?"1RF Exhibit C An Archaeological Inventory Survey of TMK: 3-7-5-017:043 Kahului 2nd Ahupua`a North Kona District Island of Hawaii RECHTMAN CONSULTING RC-0285 EXECUTIVE SUMMARY At the request of Mr. Phil Tinguely of Hualalai Partners of Kona, LLC, Rechtman Consulting, LLC conducted an archaeological inventory survey of a roughly 15-acre project area along Hualalai Road in Kahului 2nd Ahupua'a, North Kona District, Island of Hawai'i (TMK:3-7-5-Qt7:043). As a result of the survey six previously unrecorded archaeological sites were identified. Five of the sites (SIHP Sites 24553- 24557)date to the Historic Period and are associated with late nineteenth century to early twentieth century commercial sugarcane cultivation and early to mid-twentieth century ranching activities. SIHP Site 24558 is a Prerontact temporary habitation modified outcrop. Two terraces are associated with the outcrop,one running parallel along the western edge of the outcrop and one running perpendicular and extending fifteen meters to the south. A stacked mound and rock alignments are associated with the site as well. Test units were excavated in both terraces. Artifacts associated with habitation were recovered from both test units but in greater numbers in the southern terrace. The five recorded Historical Period archaeological sites (SIHP Sites 24553,24554, 24555,24556, and 24557) are all considered significant under Criterion D for the data that they have yielded relative to the late nineteenth century and early twentieth century land use of the project area related to sugarcane cultivation and ranching within the larger North Kona region. It is argued that the data collected during this inventory survey is adequate for mitigating any potential impacts to the five sites res I i - m the proposed development of the study parcel. Therefore, no further work is the recommended treatment for SIHP Sites 24553,24554,24555,24536. and 24557. SIHP Site 24558 is also considered significant under Criterion D for the data that it already has yielded relative to the Precontact use of temporary habitation sites at the middle elevations of the Kona Field System. It is argued that further data recovery is needed to augment the excavation data obtained during the testing Data recovery excavations could shed further light on site fitttction and age. Settlement patterns of the kulalkalu'ulu transitional zone are poorly understood and this site has potential to increase archaeological understanding of the past uses of these traditional agricultural zones. ii RC-4285 Contents INTRODUCTION.............................................................................................................................. 1 BACKGROUND...........................................................................• 1 ProjectArea Description..................................................................................................................... 1 CulturalContexts................................................................................................................................5 Priur Archaeological Studies and Project Expectations....................................... ......... 8 FIELDWORK AND ANALYSIS............................................................. 9 Field and Laboratory Procedures......................................................................• ............................. 9 Site Descriptions,Test Excavations, and Functional Interpretations..................................................9 SIGNIFICANCE EVALUATION AND TREATMENT RECOMMENDATIONS........................21 SIHPSite 24553..........................................................................................................•.....................22 SIHP Site 24554..................... .22 SIHPSite 24555.... ...........................................................................................................................22 SIHPSite 24556................................................................................................. ................22 SIHPSite 24557................................................................................................................................22 SIHPSite 2.4558................................................................................................................................ 22 REFERENCESCITED.....................................................................................................................23 Figures 1. Project area location................................................................................ .....................................2 2. Portion of TMK:3-7-5-417 showing study parcel(043). .............................................................. 3 3. View of the project area from Hualalai Road......................................................._ .......................4 4. View of stone wall running along the Kahului 2nd/Puapua`a boundary.......................................4 5.Vegetation within the survey parcel prior to the reintroduction of cattle...................................... 5 6.Project area plan view................................................................................................................. 10 7, SFHP Site 24553 looking northwest............................................................................................ 11 8. Interface of reconstructed section and unreconstructed wall of SIHP Site 24553. ..................... 12 9. SW Site 24554 looking east...,.................................................................................................. 13 10. Gate at northern end of SIHP Site 24554.................................................................................... 13 11. SW Site 24555 looking southwest............................................................................................ 14 iii RC-0285 12. SIHP Site 24555 along Hualalai Drive looking southeast....... ......................................... ........ 15 13. Truck tire incorporated into the base of SIHP Site 24550 near the intersection of Hua€alai and HienaloliRoads....... .................................................................................................................. 15 14. Wooden gate located in southeastern corner of SIHP Site 24557, .................................. .......... 16 15.Water tank located within SUP Site 24557. ...........................................•.................................. 17 15. Water trough located within SIHP Site 24557............................................................................ 17 17. SW Site 24558 plan view................................................... . ................. ............. 19 18. SIHP Site 24558 TU-1, east wall profile. ................................................................................... 20 19. SIHP Site 24558 TU-2, south wall profile.................................................................................. 20 Tables 1.Traditional Hawaiian agricultural zones................................. .......................................................6 2.Archaeological sites recorded during the current inventory survey................................................9 3. Artifacts recovered from SIHP Site 24558,TU-1—.....................I.............. ......—........................ 18 4. Artifacts recovered from SW Site 24558,TU-2..................................................I...................... 18 5. Site significance and treatment recommendations........................................................................21 iv RC-4285 INTRODUCTION At the request of Mr. Phil Tinguely of Hualalai Partners of Kona, LLC, Rechtman Consulting, LLC conducted an archaeological inventory survey of a roughly 15-acre project area along Hualalai Road in Kahului 2nd Ahupua'a,North Kona District, Island of Hawaii(Figare 1). The current study area consists of one parcel (TMK:3-7-5-017:043) (Figure 2). This survey was undertaken in accordance with Hawaii Administrative Rules 13§13-284, and was performed in compliance with the Rules Governing Minimal Standards for Archaeological Inventory Surveys and Reports as contained in llawai'i Administrative Rules 13§13-276. Compliance with the above standards is sufficient for meeting the initial historic preservation review process requirements of both the Department of Land and Natural Resources—State Historic Preservation Division(DI,NR—SHPD)and the County ofIiawai'i Planning Department. This report contains background information outlining the project area's physical and cultural contexts, a presentation of previous archaeological work in the area and current survey expectations based on that previous work, an explanation of the project methods, detailed descriptions of the archaeological resources encountered,interpretation and evaluation of those resources, and lastly,treatment recommendations for all of the documented sites. BACKGROUND To generate expectations regarding the nature of the historic properties that might exist on the study parcel, and to provide an appropriate background to assess any resources that are encountered, the specific as well as general physical and cultural contexts are presented along with prior archaeological studies relevant to the project area. Project Area Description The current study area is bounded to the north and east by Hualalai Road(Figure 3);to the south by a stone wall running along the Kahului 2ndlPuapua'a boundary (Figure 4); and to the west by an undeveloped parcel (T11 V!3-7-5-017;042).Terrain in the project area is gently unculating and elevation ranges from 550 to 600 feet above sea level. The project area is characterized by Punalu'u extremely rocky peat(Sato et al. 1973], a well-drained, thin organic soil over bedrock. The underlying bedrock is pdhoehoe dating to more than 10,000 years B.P.(Wolfe and Morris 1996). Despite the seemingly consistent semi-arid condition of this area, seasonality is evident. Throughout the Hawaiian Islands, the warmer and drier summer months, traditionally referenced as kau, extend from May to September, and the wetter, cooler months (ho`oilo) extend from October to April (Handy et aI. 1991). The temperatures in the Kona area are generally consistent with this seasonal pattern, ranging between 62—SO degrees in winter and 68--86 degrees in summer(Schilt 1984).However,the typical rainfall pattern differs considerably from that seen elsewhere;in all elevations along the Kona coast,rainfall during kau is typically greater than that during ho`Gila(Schilt 1984). 1 RC-0285 19 190 1 + Portions of USGS 7.5 minute series quadrangles Kailua and Kealakekua H[ 1995 Ka'ua- 4 l� t`1 , T 9 BM ' �t J.' wz r . � �� ■ UPS:..: - �'. , � '� - � Laniak a r' em i]] or Oneo Ba Y arl J� - U a � r" t Kalae rCz Paakar .Ta ter ate ❑ckst .V �.• T nkr' '` Ta ks ■ 0 HiNcre Park ' ....,. i Y ` R ADWo Chn Lj q -.r" .� P.. }� ti Project area � S I til ~ ' 4 K >,ela l � ABM 58 4 r '1 l PROJECT AREA .o a Island of Hawaii ., 0 .25 .5 l kniIL l Figure 1.Project area location. 2 JAI am It . .,. ID iv aooW.F,psnesr P 7 5 17 sus aur m crrakcb �..� RrrON Cf WAIA"J_•Ta tivAft m i�*, NaRrrs xa v.�nci»' �` ..�'` :J' ❑ '�- �ti kti� Figure 3.View of project Road. Wr I- Figure 4.View a •�Y. I.f :� y� / stonealong ■ / / boundary. RC-0285 Vegetation within the project area consists of a combination of kiawe (Prosopis pallida), koa haole (Leucaena glauca)and a variety of grasses,vines,weeds, and shrubs. At the onset of archaeological survey vegetation within the parcel was extremely dense (Figure 5). In order to increase survey visibility cattle were temporarily reintroduced into the property,and the intensive survey was completed after the cattle had several weeps to eat. Prior innpacts within the project area can be described as substantial.Mechanical earth moving associated with extensive grubbing is evident throughout the lot. { s .yam:. Figure 5. Vegetation within the survey parcel prior to the reintroduction of cattle. Cultural Contexts The project area is in the coastal edge of the Kona Field System(Cordy 1995,Newman 1970, Schilt 1984). This area extends north at least to Kau Ahupua`a and south to Honaunau, west from the coastline and east to the forested slopes of Hualalai (Cordy 1995). A large portion of this area is designated in the Hawaii SIHP (State Inventory of Historic Places) as Site 50-10-37-6601 and has been determined eligible for inclusion in the National Register of Historic Places. The basic characteristics and elevationalIy delimited zones within this agricultural/residential system as presented in Newman(1970)have been confirmed and elaborated on by archaeological (Cordy 1995) and ethnohistorical investigations (Kelly 1983). The current study parcel stands right at the recognized interface between the traditional kola and kalu'ulu zones(at 500 feet elevation). Cordy (1995) presents a summary of archaeological settlement patterns for Kona that is based on previous archaeological work as well as on observations made by explorers and missionaries during the late eighteenth and early nineteenth centuries. Cordy bases his reconstruction on the Hawaiian terms for the major vegetation zones used to define and segregate space within an ahupua a. It was these native terms (Table 1)that were used during the Mdhele in the description of land claims, Cordy also describes a narrow shoreline zone that was primarily a residential area.Immediately behind the shoreline is the kula. 5 RC-0285 Table 1.Traditional Hawaiian agricultural zones Zone Annual Rainfall Description Elevation _ Primay Crops Kula c.30-50 in Plain, open country Coa5t-500 ft Wauke, gourd and sweet potato (0.8-1,2 m) inland from the coast (0-150 m) Kalu or c.40-55 in. Luxuriant,cultivable 500-1,000 ft. Breadfruit, wauke,sweet potato, Kalu'ulu (1.00-1.35 m) zone (150-300 m) mountain apple,some taro 'Apa'a c. 55-80 in. Dryland cultivation 1,000-2,500 ft faro,sweet potato,sugar cane, (135-2.00 m) zone (300-750 m) k7,and banana 'Ama`u c, 80 in. Upland/fem zone. 2,000-3,004 ft Banana and 'ama'u(fern) (2.0 m) (600-900 m) The kula zone is the area from sea level to 150 meters elevation. Annual rainfall in the kola zone is 75 to 135 centimeters. This lower elevation zone is traditionally associated with habitation and the cultivation of sweet potatoes, paper mulberry, and gourds. Agricultural features, such as clearing mounds, planting mounds. planting depressions, modified outcrops, pavements, enclosures, and planting terraces, arc common throughout much of this zone (Hammatt and Clark 1980, Hammatt and Folk 1980, Haun et al. 1998, Schilt 1984). Dwellings were scattered throughout the agricultural portion of the kola, but they are commonly concentrated along the shoreline (Cordy 1981, Harnmatt 1980). The shoreline zone, extending inland approximately 200 meters, was used primarily for permanent habitation and other non-agricultural activities,such as canoe storage,ceremonial and burial practices,recreation,and fishing-related activity. Royal and high chiefly centers were also situated within the shoreline of the kola. These complexes included dwellings for chiefs and their entourage,places of refuge, and other structures. Several large and densely populated royal centers were located along the shoreline between Kailua and Honaunau (Cordy 1995, Tomonari-Tuggle 1993). A variety of non-residential features are present in the kuda near royal centers, including small agricultural pots, and formal and informal burial features(Cordy 1995, Han et al. 1986, Schilt 1984, Tainter 1973, Tomanari-Tuggle 1993). Kahului is generally considered to have been a place of}nigh-status residences and ceremonial complexes. Nineteenth century habitation features built on stone platforms were present in the kula(Hammatt and Meeker 1979, Schilt 1984). Stone platforms with clearly defined internal divisions are present(O'Hare and Wolforth 1997) and probably reflect a change in residential plans from a complex of multiple, separate, single-fuuctiun structures (men's sleeping, women's sleeping, cooking) to a single structure with multiple rooms and functions(entire family's quarters and cooking)(Ladefoged 1991).Burial features with historic- era artifacts and architecture(i.e., mortar and corrugated tin)are present in the lower elevations. These are frequently isolated structures, but burial also occurred within residential platforms during the Historic Period(O'Hare and Wolforth 1997). Inland of the kola is the kalu`ulu. This zone was used primarily for breadfruit, with an under story growth of sweet potatoes and paper trrulbeny. Gordy(1995:7)notes "archaeologists have not been able to identify this zone." He goes on to state that, "the area at the edge of the Kealakckua's cliff, which was observed to be in this zone at European contact, has archaeological site patterns similar to the 'apa'a zone [the next highest zone in elevation] (cf. Soehren and Newman 1968: Kaschko and Rosendahl 1987). Thus the kalu'ulu and 'apa'a zones may well have near identical site patterns."(Cordy 1995:7). During the early nineteenth century, following the breaking of the traditional eating kapu by Liholiho, Ka'ahumanu, and the Queen mother Keopuolani, which was a symbolic gesture that led to the demise of the entire Hawaiian religious system, the older places of worship(heiau)no longer held their significance. Many such places were dismantled, and the stones used for other building projects such as the Kuakini Wall and Mok-uaikaua Church. 6 RC-0285 The religious, socioeconomic, and demographic changes that took place in the period between 1790 and the 1840s, promoted the establishment of a Euro-American style of land ownership, and the Great Mahele was the vehicle for determining ownership of the native land. During this period(1848-1899), the Mahele defined the land interests of the King (Kamehameha III), the high-ranking chiefs, and the low- ranking chiefs, the konohiki. The chiefs and konohiki were required to present their claims to the Land Commission to receive awards for lands provided to them by Kamehameha ill. They were also required to provide commutations to the government in order to receive royal patents on their awards, The lands were identified by name only, with the understanding that the ancient boundaries would prevail until the land could be surveyed. This process expedited the work of the Land Commission and speeded the transfers (Chinn 1961:13). During this process all lands were placed in one of three categories: Crown Lands(far the occupant of the throne), Government Lands, and Konohiki Lands. All three types of land were subject to the rights of the native tenants. Commoners could make claims for land, and if substantiated, they would receive awards referred to as kuleana, from the Land Cornmission.During this period,other land grants were also made to individuals directly from the Kingdom. In 1862, the Comrnission of Boundaries (Boundary Commission) was established in the Kingdom of Hawaii to legally set the boundaries of all the ahupua'a that had been awarded as a part of the Mahele. Subsequently, in 1874,the Commissioners of Boundaries was authorized to certify the boundaries for lands brought before them. The primary informants for the boundary descriptions were old native residents of the lands, many of which had also been claimants for ktsleana during the Mahele. The information was collected primarily between 1873 and 1885,The testimonies were generally given in Hawaiian and simultaneously transcribed in English. The Missionary William Ellis visited the vicinity of the current project area in 1823 and described the following: Leaving Kainta [Kailua],we passed through the villages thickly scattered along the shore to the southward. The country around looked unusually green and cheerful, owing to the frequent rain, which for some months past have fallen on this side of the island. Even the barren lava,over which we traveled,seemed to veil its sterility beneath frequent tufts of tall waving grass,or spreading shrubs and flowers. The side of the hills, laid out for a considerable extent in gardens and fields, and generally cultivated with potatoes,and other vegetables, were beautiful, The number of heiaus, and depositories of the dead, which we passed, convinced us that this part of the island must formerly have been populous. The latter were built with fragments of lava, laid up evenly on the outside, generally about eight feet long, from four to six broad, and about four feet high. Some appeared very ancient, other had evidently been standing but a few years. ([1823]1963:72-73). In 1848 during the Mahele the majority of Kahului 2 was awarded to Grace Kama'iku'i, FLCAw. 8516-B;3). Eight kuleana claims were made within the Kahalui 2. Most claims were small and located along the shoreline and in mauka(above 700 feet)regions(Haan and Henry 2004:8).Three claims were for coastal house lots (LCAw 7336:1 to Kuapu'u, LCAw 7073:8 to Kapa'c; and LCAw 10373 to Niniha) and the rest were for rnauka cultivation plots.There were no kuleana claimed within the current project area. Population declined and settlements became smaller in the Kona area during the Territorial Period (1900-1959), Coastal occupation was concentrated in the small villages of Kailua and Keauhau, with permanent residences with gardens and animal pens scattered along the shoreline. Upland areas of Kahului were associated with the Kona Sugar Company from 1891 until 1904 and later from 1908 to 1926 with the Kona Development Company (DO1Tance and ?Morgan 2000:112). The Kona Development Company 7 AC-0285 employed both the predecessor sugar company's mill and plantation lands. However, the Kona Development Company used private contactors and independent homesteaders to provide the cane. Harvests were transported by the West Hawaii Railway Company, a narrow gauge railroad, which was owned by the same consortium. An historic trestle associated with this railway is located nzauka of the project area.The railroad was subsequently sold to Japanese investors.Wails may have been constructed to mark cane field boundaries in the early years of the twentieth century. In 1927,Manuel Gomes acquired the Kahului ahapua'a along with Wai'aha ahupua`a, from the failed Kona Development Company (O'Hare and Wolforth 1997). The land became part of the Gomes Ranch and was actively used for cattle grazing and stockading until the 1960s.Most of the stone walls seen in the study area today are most likely a legacy of the Gomes Ranch. Prior Archaeological Studies and Project Expectations Archaeological investigations previously conducted in Kahului Ahupua`a have primarily concentrated on the zone makai of the current project area(see Haun and Henry 2004 for a thorough overview). Fammatt and Tomonari-Tuggle(1978),Hammatt and Meeker(1979)and O'Hare and Wolforth(1997) surveyed and tested a 32 acre parcel stretching from Ali'i Drive to the Kuakini wall. Sites recorded during the studies include. the Kuakini Wall; a heiau, a habitation structure, a burial, and ranch walls (O'Hare and Wolfarth 1997:4-2,4-3). Rechtman and Henry (1999) conducted an inventory survey along Alii Drive within Kahului ist and 2nd ahupara'a. Walls and a habitation site are documented in this study. Three surveys were carried out for the proposed Alii Highway project (Ching et al. 1973; Dunn and Rosendalil 1991; Haun et al. 1998);SIHP Site 6331,a habitation site,comprised of eleven features, was recorded. Rechtman and Dougherty(2000)surveyed a twelve acre parcel along Alii Drive in Kahului 2nd. Five archaeological sites were recorded including three Precontact permanent habitation sites, one Precontact temporary habitation site, and a historic wall. Haun and Henry(2004) conducted an archaeological survey in a 35.1 acre parcel rnakai of l uakini Highway in Kahului 2nd Ahupua'a. Seventeen sites made up of 103 features were discovered. The Precontact sites discovered were typical of the coastal portion of the ktrla zone including agricultural features, temporary and permanent habitation sites, and burials. Historical sites discovered were all ranch related walls. Other archaeological investigations within Kahului 1st and 2nd ahupua-a (Dye 1978, Kennedy et al. 1992, Rosendahl 1989, Soehren 1976, 1979) have documented Precontact and Historic Period sites that are typical of the kula section of the Kona Field System Haun and Henry(2001) conducted an archaeological survey of an 87 acre parcel slightly mauka of the current project area located in Kahului 1st and 2nd ahupua'a. Twenty seven sites made up of 349 features were discovered. Precontact features identified included two agricultural enclosures, two agricultural terraces. a modified outcrop, an agricultural wall, a small agricultural complex with eleven features, a complex of 33 features interpreted as elements of the Kona field system, a temporary habitation modified outcrop, and two permanent habitation platforms. Historic Period sites recorded include a complex of 101 features interpreted to correspond to Land Commission Awards, a complex of 181 clearing features interpreted as associated with sugarcane cultivation, a historic road with a retaining wall, a historic railroad nestle,and twelve ranch related walls or enclosures. Based on the previously conducted archaeological studies in the vicinity of the current project area, and the background information presented above, a set of field expectations can be generated, Ho:asehold agricultural sites, permanent and temporary habitation sites, historic ranching walls, and burial features have been documented makni of the current study area. All of these fit the pattern for the coastal portions of the Kona Field System. Precontact agricultural features with a scattering of temporary and permanent habitation sites have been discovered mauka of the project area. Historic features associated with land clearing, transportation,and agriculture, as well as ranch related walls and enclosures have been discovered as well. During the cw-rent fieldwork it is possible that temporary habitation features and associated agricultural features will be encountered that date from the Precontact and early Historic Periods. The project area was part of a failed sugarcane plantation and later became the Gomes Ranch. These Historic Period activities likely resulted in the disturbance of some of the earlier Features and these activities should be visible on the landscape in the form of large clearing mounds,core-filled walls,and enclosures. 8 RC-0235 FIELDWORK AND ANALYSIS Between January 24 and 23, and June 22 and 27, 2005, Matthew R. Clark, B.A., Marie J. Winburn, B.A, Oliver M. Bautista, B.A., and Michael E. Rivera, B.A. under the direction of Robert B. Rechtmarn, Ph.D. carried out the fieldwork for the current project. Field and Laboratory Procedures Fieldwork included an on-foot survey of the entire project area and test excavations at a selected feature. Survey transects were oriented north/south and the surveyors maintained a 10-meter spacing interval using Garmin 12 handheld GPS technology. Features identified during the survey were #lagged and plotted on a field map. These features were later cleared, recorded in detail, photographed and placed on a large-scale map of the project area. Two 1 x 1 meter test units(TUs)were excavated at SIHP Site 24558.These excavation units were dug following natural strata.Where natural layers could not be determined, excavation followed 10-centimeter arbitrary levels. All excavated material was passed through '/4-inch screening in an attempt to recover cultural material.Excavation units were dug until bedrock was encountered. Excavation record forrns were maintained for each test unit and photographs were taken. Upon completion of the units, prior to backfilling, stratigraphic information was recorded and profiles drawn. Artifacts recovered from the screening process were cleaned, weighed, counted, and described. Faunal remains were tabulated and identified to the lowest taxonomic level possible. Where applicable, the Number of Identified Specimens(NISP)and the Minimum plumber of Individuals(MNl)were dere.='ned. Site Descriptions, Test Excavations, and Functional Interpretations During the current archaeological inventory survey six previously unrecorded sites were discovered. Two test units were excavated at one of these sites. Descriptions for each site and the test units excavated are presented below. A listing of the sites including formal type, functional type, and temporal affiliation is presented in Table 2.The location of each site is shown on Figure 6. Table y.Archaeological sites recorded during the current inventory survey. SIHF IVo. Formal Tip a Fulretional Type Ade 24553 Wall Ranching Historic 24554 Walt Ranching Historic 24555 Wall Boundary Historic 24556 Wall Boundary Historic 24557 Enclosure Ranching Historic 24558 Modified outcrop Temporary habitation Precontact 9 RC-0285 rue C� ,�e 0 20 40 qua 1 ] I Scale in meters 1� Hienaloli Drive .N � 4 5IHP Site 24558 ~tea x k S1x�Stye 24,554 x SIHP Site 24557 CDC>a Core filled wall —x— Barbed wire fence Limits of dozed road/area N Gate Limits of project area Figure 6.Project area plan view. 1Q RC-0285 SIHP Site 24553 Site 24553 is a historic/modern core filled wall running roughly cast/west(Figure 7).The wall is 1.2 meters tall and 60 centimeters wide. Site 24553 spans the entire southern boundary of the survey parcel and extends beyond to the west(see Figure 6).A 15 meter long portion of the wall at the southeastern cornier of the study parcel has been newly reconstructed(Figure 8).This portion of the wall is 2.4 meters high and 55 centimeters wide. Site 24553 is collapsed in places and has been restacked in other places during modern times. Site 24553 was most likely constructed by the Kona Sugar Company(1891-1904) and later used by the Dona Development Company (1906-1926) and the Gomes Ranch (1927-1960s) to mark the parcel boundary and for livestock control purposes. VIP - y4 s ,� •tet. yC.J. Figure 7. SIHP Site 24553 looking northwest. 11 RC-0285 .G r- I t. �' i � lel F •�1 Figure S. Interface of reconstructed section and unreconstructed wall of SIHP Site 24553. SIHP Site 24554 Site 24554 is a historic/modern core filled wall trending north/south that bifurcates the parcel (See Figure d.). The wall is 1.2 meters tall and averages 70 centimeters in width (Figure 9), which has collapsed in some places and has been restacked in other placcs in modern times. Clear evidence for modem reconstruction of portions of Site 24554 are the incorporation of fragments of a concrete cattle watering trough located in the northeastern corner of Site 24557 in the northern end of Site 24554. The northern end of this wall also makes up the eastern wall of the Site 24557 enclosure. A two meter gap in the wall, framed by 1.75 meter tall wooden posts, is present near the northern end of the wall to allow access from the west into the enclosure (Figure 10). This gap is spanned by a wooden gate that swings into the Site 24557 enclosure.Wooden ladder-like retaining structures were used at the wall break to retain stacking. A two inch galvanized pipe is laid on top of the wall where a southern gate in enclosure 24557 would have abutted the wall. Two large modern bulldozer breaks are present at the southern end of Site 24554. Site 24554 was most likely constructed and used by the Gomes Ranch for livestock control purposes. 12 y �Lor . 4. �. '' � h r t.•,.,fit ra r. �� �� •�'i•s l =�.; __ ,.c 'w'�� ,• ; "'�� a s� ^•i�� ��►.�,• - 4 „ � lam.. .� '.y-'«�'•K Ff }i1 ��, �fit. r��� t' _ �'• �„��� . M� c RC-6285 SIHP Site 24555 Site 24555 is a core filled wall(See Figure 6.)that trends roughly cast/west(8011260°), stands 1.2 meters in height, and averages 70 centimeters in width (Figure 11). Modern wire mounted on metal "T-posts" and two inch galvanized pipe runs along the top of the wall in some places. Site preservation varies along the wall from good to collapsed.Portions of the wall have been reconstructed in modem times. Site 24555 marks a portion of the northern boundary of the study parcel and runs along the a.hupua'a boundary between Kahului Ist and Kahului 2nd. The wall terminates at Hualalai Road and presumably extended further to the east prior to the construction of the Kailua-Hvlualoa Road (now Hualalai Drive) in the late 1880s (Clark and Rechtman 2044:13). Site 24555 was probably constructed by the Kona Sugar Company (1891-1904) as a parcel boundary marker and later used by the Kona Development Company (1908-1926) and the Gomes Ranch (1927-1960s) to mark the parcel boundary and for livestock control purposes. r � Figure 11. SIHP Site 24555 looking southwest. SIHP Site 24554 Site 24556 is a historiclmodenr core-filled retaining wall(See Figure 6.) running parallel to and along the edge of Hualalai Drive(Figure 12), This wall is 1.1 meters tall and 60 centimeters wide. Filly centimeters of the wall extends above current road grade. In some places barbed wire is in position along the wall.The state of site preservation varies along the wall from good to collapsed. Portions of the wall have clearly been reconstructed as evidenced by a truck tire incorporated into the base of the wall at the intersection with Hienalob Road(Figure 13). Site 24556 was probably originally constructed simultaneously with Hualalai Road in the 1880s and later maintained and used by both the Kona Sugar Company (1891-1904) and Kona Development Company (1906-1926) as a parcel boundary marker and later used by the Gomes Ranch (1927-1960s) to mark the parcel boundary and for livestock control purposes. 14 RC-0285 - .fir --..�. _ _ ' •i 'i�r'�'}`•r'' :. .�• �;a _ _• ' .• r h• t'•i, `s .s� ' -i'•^ '.Y.;.L+TS •� S it y ti r• ° f fix,• . ;e. Figure 12. SIHP Site 24555 along Hualalai Drive looking southeast. 1 Y- Yr 71. 1 i ? , fit A.. F`1 lemn . t Figure 13. Truck tire incorporated into the base of SIHP Site 24556 near the intersection of Hualalai and Hienaloli Roads. 15 RC-0185 SIHP Site 24557 Site 24557 is a ranch related enclosure located in the northwestern portion of the parcel.(See Figure 6.)The northern side of the enclosure is made up of a portion of Site 24555, which is five courses tall(1 meter)and is 70 centimeters wide. The wall is augmented at this location with a metal fence and a 2 inch galvanized pipe tanning along the top. The eastern wall is Site 24554 that is 1.1 meters tall(five or six courses) and 90 centime-ers wide. A wooden gate,that was previously discussed,is located at the northern end of this wall and the northwestern corner of the enclosure. The southern wall is a five to six course core filled wall that is 1.2 meters tall and 70 centimeters wide. The wall is augmented with wire fencing along its western portion.A wooden gate that is 3.4 meters wide and 1.4 meters high is located at the eastern end of the wall (Figure 14). The western boundary is a '/4 inch wire fence with a strand of barbed wire on the top that stands 1.4 meters tall. A wooden gate measuring 3 meters long and 1.4 meters tall is located near the northern end of the wire fence The surface of the enclosure, which is largely exposed pdhoehoe, is fairly level and slopes to the southwest. Grass and weeds are present where soil has developed, Horseshoes and modern harnesses were observcd within the sitc. A riveted steel water tank is located medially along the southern edge of the enclosure(Figure 15).The tank stands 84 centimeters tall and is 1.85 meters wide. The tank still functions and is full of water. Water level within the tank is regulated by a flotation device attached to a spigot. A shelf constructed of 2 x 8 lumber-covers the northern portion of the tank. A remnant concrete water trough is located in the northwestern corner of Site 24557 (Figure 16). The trough measures 2.9 meters x 1 meter and is 60 centimeters deep, with wails that are 14 centimeters thick. The exterior of the tough has been finished with a finer grained concrete plaster, Portions of the southern end may have been intentionally broken off, The fragments of the trough that have been removed are incorporated in the northern wall(Site 24554). Site 24557 was most likely constructed by the Gomes Ranch (1927-1960s) for livestock control purposes and to corral cattle prior to movement to other pastures or to market. � _ •.. r��� X1+,5, ..,�: - „e � 3Yy�. - 12 t 1 Figure 14. Wooden gate located in southeastern corner of SIHP Site 24557, 16 RC-0285 S •r, A. J � 3 k �� �.�' + orf`9" '�•� i e r , ,. L y y.- •`� _ Figure 15.Water tank located within SIHP Site 24557. •+�Prr „[ fir \Ss ^( b't' Y 1 - .i:' p z •�.:� ... 47 ` •' IS � x: At 1'i Figure 16L Water trough located within SIHP Site 24557. 17 RC-0285 SIHP Site 24558 Site 24558 is located in the north central portion of the survey parcel(see Figure 6). The site is made up of two terraces, a stacked mound, and several rock alignments on a bedrock outcrop (Figure 17)• The site is situated on a large raised bedrock outcrop that runs east/west north of a small drainage. A terrace constructed directly adjacent to the outcrop extends 10 meters to the west, Another terrace is constructed perpendicular to the outcrop and extends 15 meters to the south. Both terraces are located against raised bedrock, with the downslope edge of each consisting of stacked cobbles and boulders retaining a fill of small to medium cobbles. The makai terrace faces west, while the mauka terrace faces south. A boulder mound and a rock alignment beneath a large monkey pod tree are located east of the terraces. The mound is roughly rectangular and appears to have stacked sides. The rock alignment is piled against bedrock and may have resulted from mechanical earthmoving. Two 1 x I meter test units (TU) were excavated in terraces at Site 24558. TU-1 tested the mauka terrace and TU-2 sampled the makai terrace. TU-1 was placed at the western end of the inauka terrace oriented northlsoutb.The surface of the unit was primarily tightly fitted angular cobbles and boulders with some leaf litter. Large cracks and holes revealed that there were numerous air pockets in the layer below. Two stratigraphic layers were discovered within the unit. Layer I,which extended to 29 centimeters below the surface,was almost entirely tightly fit rock cobbles and boulders with some humus and leaf debris in pockets. Layer 11,located approximately 29- 56 centimeters below the surface was a mix of rock(approximately 50°/a)and 7.5YR 2.513 very dark brown granulated silt. No artifacts were discovered in Layer 1. Two fragments of a cowry (Cypraea) sheA, some mouse bones, and a volcanic glass flake were recovered from Layer II(Figure 18,Table 3). Table I Artifacts recovered from SMP Site 24558,TU-1. _Ace._# Luper Material UV !1pecies NISP MNI 1 II Shell Cypraea 2 1 0.8 2 II Rodent bone Mus 3 1 0.3 3 II Volcanic glass Flake 1 0.5 TU-2 was placed at the southern end of the makai terrace. Several large cobbles and small boulders were visible on the surface of the unit but grass and organic matter predominated. Excavation revealed that bedrock was very close to the surface across the unit except for in the center and the northwest corner. A single layer was discovered in TU-2 extending to a maximum depth of 96 centimeters below the surface that consisted of 80%cobbles mixed with 10YR 212 very dark brown silt. Soil within the unit became finer as depth increased supporting an inference that all soil within the layer percolated down from the surface. Artifacts recovered from TU-2 included; coral, marine shell, mammal bone, volcanic glass flakes, water worn basalt, and a basalt adze fragment. The basalt adze fragment was quite small but polished on two adjoining sides indicating that it was located near the bit end and probably broke off during use. An extreme_y small sample of charcoal was recovered as well(Figure 19,Table 4). Table 4.Artifacts recovered from SIHP Site 24558,TU-2. Acc. 4 Lyyer Material DTeJspecies NISP MIVI i7'eiblrt{-} 4 I Coral Water worn 4 80,54 5 1 Shell Cypraea 2 2 30.75 6 I Shell Coitus 4 1 2.50 7 1 Manatml bone sus 5 1 6.00 8 I Volcanic glass Flakes 6 2.1 9 I Basalt Water worn 1 160.90 10 I Basalt Adze fragment 1 1.1 11 I Organic Charcoal 9 0.30 18 R[.-n285 0 2 4 p❑zeal❑ad Scale ill meters (heights in centimerm) h 5 7� a � T= n. ? aR Top of outcrop T� f Flat � o {70Y tS�} i� � sP (45) _ -1 _� pful TM r—' 140) 125) 00} 0} Q [60] [335) (130. a� N Blister o TU-2 Q Leveled with cobbles (160 Figure 17, SHIP Site 21558 plan view. 19 RC-028S 0 I0 20 O Layer I IJ Scale in centimeters Layer I-Tightly fit rock cobbles and boulders with some humus and leaf debris in pockets. Layer II �I Layer II-Mix of approximately 50%rock and 11= 7.5YR 2.513 very dark brown granulated silt. ��II ��II Figure 18. SIHP Site 24558,TU-I cast wail profile. _ ---_ __- _-- - Layer l 0 11 0 20 Scale in centimeters Layer I-80%cobbles mixed with 10YR 212 very dark brown silt which 1i=1 became finer with depth. li it Figure 19. SIHP Site 24558,TU-2 south wall profile. 20 RC-0285 In the case of Site 24558, terracing associated with the outcrop is mostly rock filled level areas, which does not fit well with inferences of planting features or rock clearing. It is more likely that the terraces were constructed to provide paved level areas for habitation. Cultural material associated with habitation including faunal remains were recovered from both of the test units. However, the amount of cultural material recovered from the test units and the informal construction of the two terraces suggests that Site 24558 was only used for temporary habitation. The location of this site near the interface between two traditional agricultural zones, the kula and the kala`ulu. makes Site 24558 of particular interest for future settlement pattern studies. SIGNIFICANCE EVALUATION AND TREATMENT RECOMMENDATIONS All of the sites recorded during the current study are assessed for their significance based on criteria established and promoted by the DLNR—SHPD and contained in the llawai`i Administrative Rules 13§13- 284-6. These significance evaluations should be considered as preliminary until DLNR—SHPD provides concurrence, For resources to be considered significant they must possess integrity of location, design, setting,materials,workmanship,feeling,and association and meet one or more of the following criteria. A. Be associated with events that have made an important contribution to the broad patterns of our history; B. Be associated with the lives of persons important in our past; C. Embody the distinctive characteristics of a type, period, or method of construction; represent the work of a master;or possess high artistic value; D. Have yielded,or is likely to yield,information important for research on prehistory or history; E. Have an important traditional cultural value to the native Hawaiian people or to another ethnic group of the state due to associations with traditional cultural practices once carried out, or still carried out, at the property or due to associations with traditional beliefs, events or oral accounts--these associations being important to the group's history and cultural identity. The significance and recommended treatment for the six sites are discussed below and presented in Table 5. Table S. Site significance and treatment recommendations. SIHPNa. Function Tem oral Association Si ni trance Recominended Treatment 24553 Ranching Historic ❑ No further work 24554 Ranching Historic D No further work 24555 Boundary Historic D No further work 24556 Boundary Historic D No further work 24557 Ranching Historic D No further work 24558 Temporuy habitation Precontact D Data Recover 21 RC-0285 SIHP Site 24553 This wall is significant under Criterion D,and has provided information relative to late nineteenth and early twentieth century use of the property.The information recorded from this site has sufficiently mitigated any potential impact that may be caused by the development of the parcel.No further work is recommended. SIHP Site 24554 This wall is a significant site under Criterion D as it relates to early twentieth century ranching practices. The information recorded from this site has sufficiently mitigated any potential impact that may be caused by the development of the parcel. SIHP Site 24555 'T'his wall is significant under Criterion D, and has provided information relative to late nineteenth and early twentieth century use of the property.The information retarded from this site has sufficiently mitigated any potential impact that may be caused by the development of the parcel. No further work is recommended. SIHP Site 24556 This wall is significant under Criterion D,and has provided information relative to late nineteenth and early twentieth century use of the property.The information recorded from this site has sufficiently mitigated any potential impact that may be caused by the development of the parcel. No further work is recommended. SIHP Site: 24557 This Historic Period cattle enclosure is a significant feature under Criterion D as it relates to early twentieth century ranching practices.The information recorded from this site has sufficiently mitigated any potential impact teat may be caused by the development of the parcel. SIHP Site 24558 This Precontact temporary habitation site is considered significant under Criterion D, and further data recovery- is recommended to augment the excavation data obtained during the testing. Data recovery excavations could shed further light on site function and age. Settlement patterning at the kulalkalu'ulu transition is poorly understood and tWs site has potential to increase archaeological understanding of the past uses of the traditional agricultural zones. 22 RC-0285 REFERENCES CITED Chinen,J. 1961 Original Land Titles in Hawaii. Honolulu:privately published. Ching,F.,E.feller,S. Palarna, and P.Griffin 1973 The Archaeology of North Kona, from the Ahupua'a of Kahului to the Ahtipua'a of Kahalu'u. Surface Survey: Realignment of Ali`i Drive. Hawaiian Archaeological Journal 73-2.Archaeological Research Center Hawaii, Inc. Cordy,R. 1981 A ,Study of Preh,,sta►ic Social Change. The Development of C'omplc:.r Societies in the Hawaiian Islands.New York:Academic Press. 1995 Central Kona Archaeological Settlement Patterns. State Historic Preservation Division, DLNR, State of Hawai'i. Prepared for the Planning Department, County of Hawai'i, Dorrance,W.and F.Morgan 2000 Sugar Islands- The 165 Year Stora?of Sugar in Hawaii. Mutual Publishing:Honolulu Dunn, A.,and P.Rosendahl 1991 Preliminary Report: Phase l(a) -Site Identification, Phased Intensive Archaeological Survey, Alii Highway Phased Mitigation Program, North Kona District, Island of Hawaii.PHRI Report 900-052191.Prepared for R.M.Towill Corporation. Dye,T. 1978 An Archaeological Reconnaissance Survey of Four Alternative Sites for the Kailua- Keauhou Elementary School. Ms. 031078. Department of Anthropology, BY. Bishop Museum.Honolulu, Ellis,W. [1823]1963 Journal of William Ellis, Narrative of a Tour of Hawaii, or Owh}gee... Honolulu: Advertiscr Publishing Co., Ltd. Hammatt,H. 1980 Archaeological Surface Survey of a 178 Acre Parcel in Na Ahupua'a,Kamnalumalu, Pahoehoe. Kona, Hawaii Island. Archaeological Research Center Hawaii, Inc. Report 14-203 I1,Prepared for Farms and Ranches,Inc, Harimatt,H.,and S.Clark 1980 Archaeological Testing and Salvage Excavations of a 155 Acre Parcel in Na Ahupua'a Pahoehoe. La'aloa and Kapala'aea, Kona, Hawai'i. Archaeological Research Center Hawaii Report 1 4-1 52 111.Prepared for Pacific Basin Resorts,Inc. Ham~mratt,H.,and W.Folk 1980 Archaeological Survey, Phase 1: Portions of Keauhou-Kona Resort, Keauhou and Kahaluu, Kona,Hawaii Island. Archaeological Research Center Hawaii,Inc. 14-177 II,1, Lawai. Prepared for Kamehameha Investment Corp. HarnmaM H..and V, Meeker 1979 Archaeological Excavations and Heiau Stabilization at Kahalu'u, Kona, Hawaii Island. Archaeological Research Center Hawaii Report 14-172 (II). Prepared for Gerald Park,Urban Planner. 23 RC-0285 Harrunatt,H. and M.Tomonari-Tuggle 1978 Archaeological Surface Survey of the Old Games Property Belonging to Pacific Basin Resorts, Inc. Kahului, Kona, Hawai'i Island. ARCH Report 14-142. Prepared for Gerald Parl.Urban Planner, Han,T., S. Collins,S.Clark,and A. Garland 1986 Moe Kau a Ho'oilo: Hawaiian Mortuary Practices at Keopu,Kona, Hawai'i. Chapter VII. Artifacts and. Manuports from the Keopu Burial Site. Deparonental Report Series 86-1. Department of Anthropology, B. P. Bishop Museum, Honolulu. Prepared for Hawai'i Department of Transportation. Handy,E.S.C.,E.G.Handy,and M.Pulcui 1991 Native Planters in Old Hawaii: Their Life, Lore and Environment. B.P. Bishop Museum Bulletin 223. Honolulu: Department of Anthropology, Bishop Museum Press.(Revised edition) Haun,A.and D.Henry 2004 Archaeological Cnventory Survey, TMK: (3) 7-5-19:01, Land of Kahului 2, North Kona District, Island of Hawaii. Haun & Associates report 175-092204. Prepared for Sunstone Realty Partners,LLC, Honolulu,Hawaii. Haun,A.,and J.Henry 2001 Archaeological Inventory Survey, TMK:7-5-16:13, 16, 17, 29, Kahului 1 and 2, North Kona District, Island of Hawaii. Haun and Associates report 023-041701. Prepared for Bolton,Inc. Hann.A„J. Henry,J.Jimenez,M.Kirkendall,K.Maly,and-T.Wolforth 1998 Alii Highway Phased Mitigation Program Phase I—Archaeological intensive Survey, North Kona District, Island of Hawaii, Vol. 1, Summary, PHRI Report 1320-052798. Submitted to the County of Hawai'i c/o R.M.Towill Corporation, Kaschko,M.,and P.Rosendahl 1987 Full Archaeological Reconnaissance Survey, Kealakekua Ranch Makai .Land Subdivision. Land of Kealakekua, South Kona. Island of Hawaii (TMK:3-9-2- 02:2,33).PHRI Report 244-100186.Prepared for Kealakek-ua Ranch,Ltd. Kelly,M 1983 Na Mala D Kona: Gardens of Kona. A History of Land Use in Kona, Hawaii. Departmental Report Series 83-2, Department of Anthropology, B. P. Bishop Museum, Honolulu. Prepared for the Department of Transportation, State of Hawai'i. Kennedy,J.,M.Maigret,and T.Denham 1992 Inventory Survey and Subsurface Testing Results for a Property in the Ahupua`a of Kahului 2nd, North Kona District, Island of Hawaii (TMK:3-7-5-19;43). Archaeological Research Center Hawaii. Prepared for Dr.James Watson, Ladefoged,T. 1991 Hawaiian Architectural Transformations during the Early Historic Era. Asian Perspectives 30(1);55-70. Newman,T. 1970 Hawaiian Fishing and Farming on the Island of Hawaii, A.D. 1778. Division of State Parks,Department of Land and Natural Resources.Honolulu. 24 KC-0285 O'Hare,C.,and T.Wolforth 1997 Archaeological Inventory Survey of the Gomes Property Parcel,Land of Kahaltri i st, Island of Hawaii(TMK: 3-7-5-19:5, 38,40). PHRI Report 1807-10197.Submitted to Towne Development of Hawai'i,Inc. Rechtman,R.,and D.Dougherty 2000 An Archaeological Inventory Survey of TNM: 3-7-5-19:44, 45, Kahului 2nd Ahupua'a,North Kona District, Island of Hawaii.Rechtman Consulting Report RC- 0027.Prepared for Sunstone Realty Partners,LLC. Rechtman.R., and J.Henry 1999 Archaeological Inventory of the Kahului Bridge Replacement Project, Kahului 151 and 2nd Ahupua'a. North Kona District, Island of Hawaii. PHRI Report 1945- 080499.Prepared for Ron Terry,Ph,D,, Kea`au. Rosendahl, P. 1989 Archaeological Field Inspection, Kahului 1st Development Parcel., Land of Kahului 1st, North Kona District, Island of Hawaii (TMK:3-7-5-19:46). PHRI Report 709- 091989.Prepared for Mr. Darwin Lindberg. Soehren, L. 1976 An Archaeological Reconnaissance of Portion of Kahului 2nd, North Kona, Hawaii Island, Prepared for P.Yoshimura, Inc. 1979 Letter Report:Archaeological and Historical Features on that Portion of TMK;3-7-5- 19:1 Which Lies Between the Great Wall of Kuakini and the Kuakini Highway in the Land of Kahului 2,forth Kona, Hawaii, Prepared for Hiroshi Kasamoto, Inc. Tainter,J. 1973 The Social Correlates of Mortuary Patterning at Kaloko, North Kona. Hawaii. Archaeology and Physical Anthropolog},in Oceania 11:91-105, Tomonari-Tuggle,M. 1993 Draft Report, the Archaeology of the `Ohi`a Preserve; An Inventory Survey of Surface Structures. International Archaeological Research Institute, Inc. (lARII). Submitted to Kanmehamelta Investment Corporation,Honolulu. Sato,H.,W.Ikeda,R.Paeth,R.Smythe,and M.Takehiro, Jr. 1973 Soil Survey of the Island of Hawe ii, State of Hawaii.U.S.Department of Agricuiture, Soil Conservation Service and University of Hawai'i Agricultural Experiment Station.Washington,D.C.; Government Printing Office. ScMIt,A. 1984 Subsistence and Conflict in Kona, Hawaii. An Archaeological Study of the Kuakini Highway Realignment Corridor. Deparnnetual Repori Series 84-1. Department of Anthropology, B.P. Bishop Muscum, Honolulu. Prepared for the Department of Transportation, State of Hawai'i. Soehren.L.,and T.Newman 1965 Archaeology of Kealakekua Bay. Department of Anthropology, B.P. Bishop Museum,Honolulu, and University of Hawaii—Manoa. Wolfe,E,, and J.Monis 1996 Geologic Map of the Island of Hawaii. Geologic Investigations Series Map I-2524- A. U.S.Department of the Interior,U.S.Geological Survey. 25 Id VRA H.TW MEN LRMA t.4YC,L$ tY' r�1�, 60A�P Lr i+Wp nHa AH EESOVlLEr WYERNOR OFiIAR'AP .--1. Y,• 7 O 9 WATIM •101MM MMAGEMkN7 b ff RMILL Y-TStl1.A r } FORT PEPM � >� EIElXKIfelr olEAWAHARA cTm-WAATU s. AQUATIC ESOURCU 6aADM1DOFCD xRfiCaFAnal`p�a.s� evuAli of nlrvEVAncEs CLWnlC09SERV MON A•ECDANTEAfM'AGEAIF.HT CS7I�SFAVA7R D AND JXC0 Ec tOR STATE OF HAWAII CAHSCRVATR PI AILD RL70ViCE4 EHFOFCFDIENT PURSSTRY AfL�i.PP tedrla�+� implFam DEPARTMENT OF LAND AND NATURAL RESOURCES rasTaurr>�AVAra+ KVUOOI.R WE M&"IrMEAVC CONMISS M 1•Wo STATE HISTORIC PRESERVATION DIVLSION nATJ PAW 60)KAMOKILA BOULEVARD,ROOM 555 KAPOLEI,HAWAII 96707 November 30,2009 Robert B.Rechtman,Ph.D. LOG NO. 2009.2468 Rechtman Consulting,LLC DOC NO: 0911TD26 50"A East 1;anikaula Street Hilo,-Hawai`i 96720 Dear Dr.Rechtman: Subject: Chapter 61-42 Historic Preservation Review— Archaeologlcal Data Recovery Report for SIHP Sites 24558 and 24562 Kahului 21,d Ahupua'a,North Kona District,Island of Hawai'i TMK: (3)7-5-17:42 and 43 Thank you for submitted the revised report entitled Archaeological Data Recovery of SIHP Sites 24558 and 24562, TMK.• 3-7-5-017: 042& -43, Kahului 2"d-4hWua'a, North Kona District, Island of Hawaii, RC-0532 (L.A. Hauani`o, J.H.N. L.oubser and R.B. Rechtman, June 2009). We received this submittal r June 23,2009 and we apologize for the delay in returning our comments. The data recovery work follows inventory surveys of each parcel, conducted in 2005. A total of 12 historic properties were identified on the two parcels. Ten of the sites were detennined to require no additional mitigation,and two(Sites 24558 and 24562)were determined to wan-ant mitigation in the form of data recovery. Both of the data recovery sites are modified outcrops believed to represent Pre-Contact planting, staging and processing activities, based on the findings presented in this report. The data recovery fieldwork was conducted in accordance with a data recovery plan(L.oubser and Rechtman 2008) that was approved by our office in July 2008(Log No.2008.1520,Doc No.0807MD78). A total of 13 units were excavated at the two sites(two at Site 24558 and 11 at Site 24562),in addition to the 5 test units excavated during the inventory survey.Profiles, photographs and recovered materials are presented for each unit. Four dating samples collected from three excavation units at Site 24562 were submitted for age determination analysis;ail samples showed a relatively contemporaneous time frame of circa AD 1660-1960 for Site 24562 Feature A. Our previous questions as found in Log 2009.0788, Doc 0906TDO3 are addressed in the revised report. The report is approved, pursuant to Hawaii Administrative Rule §13-278. Please send one hardcopy of the document,clearly marked FINAL.,along with a copy of this review letter and a text-searchable PDF version on CD to the Kapolei SHPD office, attention of"SHPD Library". If you have any questions, please contact Theresa Donham at(808)-933-7653. Aloha, Nancy McMahon,Deputy SHPOIState Archaeologist and Historic Preservation Manager HiAD is Preservation Division Exhibit ❑ AMMASOK NEIL ASERCROND IF _ � 41 or "4- f0 Ul DGATDOFLANDAXBSM BS OOVfRNW OF HAA'AD - - •' r ti�d a�� � C'6AOQ'fSSOK ON WA-IM IZWXMZY 4ANKG " w _ ESIM ICIA'AIKA q�, } fir.+ { i FLST DLR II SS f AQUATIC 1290VI[CU 8"7040 AND OCRAN R&CREATO" WhOMSON DM NATER lYMIL aJ,IM2App/@'T CONSMVATION AFRI Mh"AL LAMM STATE OF HAWAII °°"`M""""'"M"��'°`�° " atrolt * DEPARTMENT OF LAND ANIS NATURAL RESOURCES MEKM AaI�=AN MZRVZllrc NLtT[t!r p�yAT79N fAFtlOIaW(as1.�NP RpyF�vf 0DWlH5lON STATE HISTORIC PRESERVATION I7IV35ION win 601 KAMOKILA BOULEVARD,ROOM 555 STATE PAW KAPOLE1,HAWAII 96707 May 29,2013 Bobby lean Leitbead-Todd,Planning Director LOG NO:2013,3330 County ofHawai'i Planning Department DOC NO: 1205MV29 101 Pauahi Street, Suite 3 Archaeology Hilo,Hawai'i 96720 4224 Dear Ms-Leithead-Todd; SUBJECT: Chapter 6Fr42 Historic Preservation Review— State Lend Use Boundary Application(SLU 13-004038)& Change of Zone Application(REZ 13-000164) Kahului Zad Ahupua'a,North Iona District,Island of Hawal'i TMK13)2:5-017:043 Thank you for the oppbrtunity to comment on the subject land use application, which was received in our office May 15, 013. As indicated in the application documents, the State Historic Preservation Division (SHPD) has previously reviewed and approved an archaeological inventory survey and data recovery pian for this project area (Lag 2005.3276,Doc 0610IT17;Log 2008.1520, Doc 0807MD78);and we have also completed review of the data recovery report of findings(Log 2049.0788, Doc 0906TD03). The data recovery fieldwork has been completed and there are no sites designated for preservation within the project area. In addition, SHPD recently reviewed a similar project at this location and determined that no historic properties would be affected via SHPD correspondence L)G NO: 2412.0338, DOC NO: 1203MV16. There is no new information that would alter this previous determination. Therefore SHPD believes that this project will result in no historic properties affected. However, in the event that historic resources, including human skeletal remains, structural retrains, sand deposits, midden deposits, or lava tubes are identified during construction activities, please cease work in the immediate vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division at(808)933-7553. Please contact Mike Vitousek at (808) 552-1510 or Michael-Vi tousektu''Eawaii.gov if you have any questions or concerns regarding this letter. ,Aloha, rrLL � U;Lra..Rl� ,IN.', N.', L Michael Vitousek, Lead Archaeologist Hawaii Island Section Historic Preservation Division Planning Dept. 085567 Exhlhl# Exhibit E `F wAIFy DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAI`l 345 KEKUANAO-A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808)961-8050 . FAX (808)961-8657 September 30,2421 Ms. Kim Chiodo Land Planning Hawai'i,LLC 194 Wiwo`ole Street Hilo, lit 96720 Dear Ms.Chiodo: Subject: Water Availability Tax Map Ivey 7-5-017:443 This is in response to your letter of September 22,2021. Please be informed that the landowner is a member of the Wai`aha System, LLC which has executed a Water Development Agreement("Agreement")with our Water Board in order to secure water commitments for the development of various properties within the Department's North lona Water System. Through this agreement, the landowner obtained a water commitment in the amount of six(6)equivalent units("EU")of water at an average daily usage of 440 gallons per day,per unit for the subject parcel. Please be informed that the water availability in the area of the subject parcel provide for the same number of water units as the number of lots or dwelling units allowable under the current zoning,not to exceed a maximum of 50 units of water,per existing lot of record. Six(6)additional units of water are available, per existing lot of record, should the Planning Department approve a change of zone. However,the total amount of water available shall not exceed 50 units per existing lot of record, unless additional units of water are available through involvement in an agreement with the Department of Water Supply. Therefore,the total amount of equivalent units of water available to the subject parcel can be shown below: TANK EU EU EU Total Ell (Wai`aha Water (Water Available (Water Available System wlCurrent Zoning) -vv/Change of Zone Agreement) Application 7-5-017:043 6 - 2 6 14 Please be informed,this letter shall not be construed as a water comm itment_ In other words, unless a water commitment is officially effected,water availability is subject to change without notice. Should there be any questions, please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961-8070,extension 255. Sincerely yours, WOVM+ Keith K. Okamoto,P.E. Manager-Chief Engineer TS.dfg . . . Water, Our Mast(Precious Pesource. . K9 Wai.A 'Kine. . . The Dep artmentof Water Supply is an Equal Opportunity provider and employer. Exhibit F L AMENDED AND RESTATED AGREEMENT REGARDING DEVELOPMENT OF SOUTH WAIAHA WATER SYSTEM AND TERMINATION OF AGREEMENT REGARDING DEVELOPMENT OF NORTH WAIAHA WATER SYSTEM THIS AMENDED AND RESTATED AGREEMENT REGARDING DEVELOPMENT OF SOUTH WAIAHA WATER SYSTEM AND TERMINATION OF AGREEMENT REGARDING DEVELOPMENT OF NORTH WAIAHA WATER SYSTEM(this "Agreement"), is made and effective this 5th day of February, 2013 ,20+-2,by and among the WATER BOARD OF THE COUNTY OF HAWAII (the "Water Board")which is the governing board of the DEPARTMENT OF WATER SUPPLY("DWS"), a semi- autonomous agency of the County of Hawaii, WAIAHA SYSTEM,LLC,a Hawaii limited liability company("Waiaha System"), WAIAHA SYSTEM 11,LLC, a Hawaii limited liability company("Waiaha II"), and KOHANAIKI SHORES, LLC,a Delaware limited liability company("KOH"). The Water Board,DWS, Waiaha System, Waiaha 11, and KOH shall hereinafter be referred to collectively as the "Parties." WITNESSETH: WHEREAS,the Water Board and Waiaha System entered into that certain Agreement Regarding Development of South Waiaha Water System, also known as Agreement Regarding Development of Waiaha South Water System,dated November 8, 2007(the "2007 Agreement"),relating to the development of water sources in North Kona; WHEREAS,under the 2007 Agreement Waiaha System agreed to design and construct the Water System,as defined therein,and the Water Board agreed to accept dedication of the Water System and all appurtenant real property interests and issue 1,042 Water Commitments,as defined therein; WHEREAS,the Water Board and Waiaha II entered into that certain Agreement Regarding Development of North Waiaha Water System, also known as Agreement Regarding Development of Waiaha North Water System,dated November 8, 2007 (the "2007 North Agreement"),relating to the development of water sources in North Kona; WHEREAS, under the 2007 North Agreement, Waiaha II agreed to design and construct a portion of the Waiaha Water System(North),as defined therein, and the Water Board agreed to accept dedication of that portion of the Waiaha Water System (North)and all appurtenant real property interests and issue 458 Water Commitments, as defined therein; WHEREAS,the members of Waiaha II have redeemed their memberships and the Manager of Waiaha System 11 wishes to assign to Waiaha System all of its right,title and interest in and to the 458 Water Commitments allocated under the 2007 North Agreement, Waiaha System wishes to accept such assignment; WHEREAS, Waiaha System has agreed to construct the Waiaha Water System ("WWS"), as hereinafter defined; 4 815-20 8 3-2 78 5.6.06196 9-000 0 3 Exhibit G c w WHEREAS, in connection with the construction of the WWS,Waiaha System and KOH have entered into agreements that provide for KOH funding its pro rata share of the construction of the WWS in order for additional water from the DWS system to be made available to KOH and The Shores at Kohanaiki, as hereinafter defined; WHEREAS, in consideration for its development of the WWS for the purpose of dedication to the Board and the conveyance of the facilities and improvements that comprise the WWS, including all appropriate easements and tank sites necessary for the maintenance and operation of the WWS, Waiaha System and KOH desire to confirm a commitment from the Water Board and DWS to issue 1,500 equivalent units of water("EU"); each EU shall represent the Water Board's agreement to provide the amount of potable water equivalent to six hundred (600) GPD maximum daily water usage("maximum daily water usage" is defined as 1.5 times the average daily usage of 400 GPD); WHEREAS, upon completion of the WWS, the DWS shall issue to KOH and Waiaha System a total of 1,500 Ell in accordance with the schedule provided herein; WHEREAS,the Parties wish to make KOH a party to this Agreement ill order to allow for the allocation of 1,243 EU due from the WWS to KOH and that certain project known as "The Shores at Kohanaiki" located at North Kona, Island,County and State of Hawaii, designated by TMK Nos. (3)7-3-063:001 to 014, (3) 7-3-064:001 to 023, (3) 7-3-065:001 to 068,(3) 7-3-066:001 to 004, (3) 7-3-067:00I to 004,(3) 7-3-068:001 to 004,and(3) 7-3- 009:016, and identified on Exhibit A attached hereto and incorporated herein; WHEREAS,the remaining 257 EU due from the WWS shall be made available to the members of Waiaha System for use in the development of certain lands within the area situated generally between Henry Street to the north and Hualalai Road to the south,and Mamalahoa Highway to the east and Alii Drive to the west at North Kona,Hawaii (the "Waiaha Land"), as shown generally on Exhibit B,attached hereto and incorporated herein; WHEREAS,the Waiaha well has been drilled and developed and has the capacity to service properties in North Kona,but the necessary storage,transmission and distribution infrastructure has not been constructed; WHEREAS, due to a deficiency in transmission capacity to serve the North Kona and South Kona Districts,the DWS is desirous of obtaining a mauka-makai water system corridor to link the Waiaha well to the DWS water system at Queen Kaahumanu Highway in Order to better serve the public; WHEREAS, Waiaha System represents that it holds the unique opportunity to assist the DWS in the design,development and construction of the WWS, and to connect the WWS to the existing DWS system in an expeditious manner due to Waiaha System's ownership or control of real property and easements necessary for the water storage and transmission lines and facilities; WHEREAS, Waiaha System proposes to design and construct the WWS, which shall be comprised of the improvements generally depicted in the Water System Master Plan shown on Exhibit C-1 and Exhibit C-2 attached hereto and incorporated herein, and a rate of flow control 4815-2083-2785.5.461968-04403 2 a valve station to be installed within the WWS at a location to be determined and approved by DWS(all such improvements collectively comprise the "WWS"); WHEREAS,the Parties acknowledge that an Environmental Assessment for the WWS, entitled "Waiaha Water Systems(Transmission Mains and Reservoirs)North Kona,Hawaii" was prepared pursuant to Hawaii Revised Statutes Chapter 343,for which DWS issued a Finding of No Significant Impact on July 8,2008; WHEREAS, in consideration for the design and construction of the WWS for the purpose of dedication to the Water Board and the conveyance of the facilities and improvements that comprise the WWS, including all appropriate real property and easements necessary for the maintenance and operation of the WWS,the Parties desire to confirm the Water Board's commitment to service the Waialia Land, The Shores at Kohanaiki and potentially other properties; WHEREAS, in connection with the development of the Queen Kaahumanu Highway- Phase 11 Widening Project by the State of Hawaii Department of Transportation, certain DWS water facilities,including a 15-inch pipeline,will be installed within the Queen Kaahumanu Highway right of way, from Honokohau Harbor to the Keahole Airport intersection,to facilitate water service to present and fixture DWS customers throughout the North Kona area; WHEREAS,KOH has contributed funds to DWS to support the installation of such additional water facilities,pursuant to that certain Queen Kaahumanu Highway-Phase H Widening Waterline Project Memorandum of Understanding, by and between KOH and the Water Board("Queen K MOU"); WHEREAS,the Parties hereto have entered into this Agreement in order to amend and restate the 2007 Agreement in its entirety, and to expedite the development of the WWS. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Parties agree as follows: I. Amended&Restated. The Water Board, DWS and Waiaha System, as the original parties to the 2007 Agreement, hereby amend and restate in its entirety the 2007 Agreement, as set forth in this Agreement. 2. KOH's Existing Water Commitments & Service. The terms and provisions of this Agreement pertain only to the EU and water meters to be allocated from the WWS and do not affect any commitments for water, water meters or actual water service to KOH and The Shores at Kohanaiki previously issued by the DWS and/or the Water Board for The Shores at Kohanaiki as of the date of this Agreement, such as the 250 water commitments and water meters that have been allocated to KOH from the existing DWS system,which includes the residential lots created using 1 EU per lot in Phase 1 of The Shores at Kohanaiki Subdivision approved in the revised final plat map for Final Subdivision Approval No. SUB-06-000327 on April 18,2008 ("Phase 1 Subdivision")(collectively,the "Existing Capacity EU");provided,however,that the EU from the W WS that would otherwise be allocated to KOH under this Agreement shall be reduced by 250 EU in recognition of KOH's allocation of Existing Capacity EU, so that KOH Aa 15-208?-2785.6,061968-00003 3 a shall retain full entitlement to the Existing Capacity EU, and upon completion and dedication of the WWS,shall be entitled to an additional 993 EU_ DWS and the Water Board acknowledge and agree that KOH shall be allowed to remain serviced and connected to the DWS 363-foot system,as well as through the WWS new connection to the DWS proposed 2621280 foot system. 3. Term. The effective duration of this Agreement and the EU and waiver of DWS facilities charges and capital assessment fees as provided herein shall be for twenty(20) years from the effective date of this Agreement, subject to the provisions in Section 17 {Force Majeure,after which time all unused EU or credits,and any unfulfilled duties and obligations of the Parties hereto shall cease and be null and void,without further action by any party. However, if the WWS is not fully constructed and dedicated within five (5)years from the effective date of this Agreement, or other later date as provided herein, this Agreement shall become null and void, and the DWS and the Water Board shall have no further obligations hereunder, to include, without limitation, that the Water Board shall not be obligated to complete the WWS,furnish water,honor or issue EU, excluding the Existing Capacity EU,or waive facilities charges and capital assessment fees unless the Water Board approves and the Parties agree to a longer period. 4. Redemption of Membership Interests. a. Waiaha System. With the exception of The Kona Coffee&Tea Company, Inc.,the members of Waiaha System identified in the 2007 Agreement have fully redeemed their memberships and are no longer members of Waiaha System.. The current members of Waiaha System are: (a) Hualalai Partners of Kona, LLC; (b)Hu-Ko-Pa LLC;and(c)The Kona Coffee& Tea Company, Inc. MGMT,a Hawaii corporation and the manager of Waiaha System, represents that it has the power and authority to make binding agreements on behalf of its members. Waiaha System shall agree to defend, indemnify, and hold harmless the Water Board, DWS, its officers,directors,members,employees,agents and representatives from and against any and all claims, suits,actions,proceedings, losses, liabilities,and expenses brought by any former member of Waiaha System arising from or related to the 2007 Agreement. b. Waiaha II. Waiaha System II hereby assigns in full all of its right,title and interest in and to the 2007 North Agreement and the Water Commitments allocated thereunder to Waiaha System. Waiaha System hereby accepts such assignment,and the Water Board hereby consents to such assignment. Upon the execution of this Agreement,the 2007 North Agreement shall automatically be terminated,and all Water Commitments,as defined therein,allocated under the 2007 North Agreement are reallocated to Waiaha System pursuant to the terms of this Agreement. Notwithstanding the foregoing, Waiaha II agrees to convey and dedicate to the Water Board all easements, storage tank site(s), and any existing improvements thereon as of the effective date of this Agreement,as approximately shown on Exhibit D, attached hereto and incorporated herein,within 60 days of receipt of a written request from DWS and the Water Board, but no later than 3 years after dedication of the WWS,and free and clear of all liens and encumbrances,except as set forth in Section 10()&eal Property)herein. 5. Timeframe for Construction of WWS. No later than five(5)years from the date of this Agreement, Waiaha System shall complete the construction of the WWS pursuant to DWS dedicable standards under such terms and conditions as defined herein and in the Rules and Regulations of the Department of Water Supply, County of Hawai'i,and DWS Water System +1815-2083-2785.6.061968-00003 4 Standards 2002 (as amended)and in accordance with all other laws,rules, and regulations, and as generally depicted in the Water System Master Pian shown on Exhibit C-1 and Exhibit C-2, attached hereto, and to include a rate of flow control valve,subject however,to the prior approval by DWS of the construction plans and project phasing,and subject to DWS inspections during the course of the construction. 6. Additional KOH Im rovements. It is understood and agreed that The Shores at Kohanaiki can be served both from the existing DWS system.,and from the WWS upon completion of the WWS and the KOH Off-Site Transmission Improvements and KOH Storage Requirements,both as defined herein. a. KOH Off-Site Transmission Improvements. As described in a report dated November 7, 2012,by Toni Nance Water Resource Engineering attached hereto as Exhibit G, additional improvements to the DWS system are required. Those improvements are set forth as items 2 through 6 in the Summary Conclusions and Recommendations of the TNWRE report (collectively,the "KOH Off-Site Transmission Improvements"). KOH has committed to paying its fair share toward the KOH Off-Site Transmission Improvements and has already tendered$704,523 to DWS for a portion of such improvements pursuant to the Queen K MOU. b. KOH Storage Requirements. KOH is required to provide storage and related transmission facilities to provide adequate pressure and flow for domestic and fire protection purposes pursuant to DWS standards at The Shores at Kohanaiki (the "KOH Storage Requirements"),to consist of the following. i) A new 0.5 million gallon storage tank,or increase in capacity of a third-party storage tank, at a location acceptable to DWS and KOH; and ii} New or upgraded transmission lines to run from the new or upgraded storage tank described above,to the nearest DWS point of connection, if necessary,and designed to standards acceptable to DWS and KOH. 7. lull Satisfaction. DWS and the Water Board hereby confirm that the development of the WWS, and the development of the KOH Off-Site Transmission Improvements and the KOH Storage Requirements, shall satisfy in full any and all obligations of KOH and The Shores at Kohanaiki with respect to water source, storage and transmission for The Shores at Kohanaiki based on the density permitted under SMA Use Permit No. 439. The EU granted to KOH in this Agreement, plus the Existing Capacity EU,collectively provide for the use of no more than 1,243 EU by KOH for The Shores at Kohanaiki. In addition,KOH understands and agrees that it must construct all on-site water infrastructure improvements within The Shores at Kohanaiki as required by DWS in order to receive actual water service. 8. Oversizing. a. In order to better serve the general public, DWS has required Waiaha System to oversize the WWS to be constructed with a 16"water transmission line and two(2)one million gallon reservoirs (the "DWS Oversizing"). The costs for the design,engineering and construction of the WWS,which includes the additional costs required to comply with the DWS Oversizing request,are shown on Exhibit E attached hereto and incorporated herein. The costs to be 4815-2083-2785.6.061968-00003 5 incurred due to the DWS Oversizing are noted on Exhibit E as the "Difference Upgrade" and shall hereinafter be referred to as the "Oversizing Costs." b. DWS has approved the Oversizing Costs as shown on Exhibit E. Within thirty(30)days after completion of the WWS, Waiaha System shall furnish the DWS with an affidavit and supporting documentation itemizing the Oversizing Costs incurred in the construction of the WWS pursuant to Rule 4-3 of the DWS Rules and Regulations. However, in no event shall the Oversizing Costs exceed the total difference upgrade of$2,967,650. Concurrent with dedication of the WWS to the Water Board,the Oversizing Costs shall be reimbursed by the DWS to Waiaha System and KOH in accordance with Waiaha System's and KOH's pro-rata share of the 1,500 EU allocated hereunder; i.e., Waiaha System shall be entitled to 17%of the reimbursement payment from DWS and KOH shall be entitled to 83%of the reimbursement payment from DWS. 9. Costs. Except for the Oversizing Costs,and subject to Section 19 (Breach,Notice, Opportunity to Cure), Waiaha System shall be responsible for all costs for the design, engineering and construction of the WWS. The Water Board, directly or through DWS, shall cooperate with Waiaha System, or KOH if applicable,wherever possible and appropriate in the efforts to process and secure any permits, licenses, or approvals required for the construction of the WWS,provided that the Water Board shall not be required to incur any cost, expense, or monetary obligations with regard thereto. 10. Real Property. Waiaha System shall secure and place in escrow all real property rights, title and interests required for the WWS and shall provide evidence of the same to DWS prior to final approval of the construction plans for the WWS by DWS. Upon completion of construction and inspection by DWS of the WWS and Waiaha System's compliance with all other requirements of dedication, the Water Board shall within ninety(90)days accept the WWS for dedication. Waiaha System shall dedicate via warranty Gleed the fee simple interests in the real property,and dedicate all easements underlying the storage, transmission and distribution infrastructure comprising the WWS to the Water Board free and clear of all liens and encumbrances,except for the following permitted encumbrances: a. reservation in favor for the State of Hawaii of all mineral and water rights of any nature; b. any public right of way and/or easements over, or any fee simple interest, in the State of Hawaii, in and to old Government Roads,trails,heiaus, grave sites and other historic sites, and rights of ingress and egress thereto; C. claims arising out of customary and traditional rights and practices, including without limitation those exercised for subsistence,cultural,religious, access or gathering purposes,as provided for in the Hawaii Constitution or the Hawaii Revised Statutes;and d. any encumbrances, such as utility easements, approved by the DWS and the Office of the Corporation Counsel. 11. Issuance of EU Upon Coml2letion of WWS. In consideration of the completion of the design,construction and dedication of the WWS and the conveyance of all appurtenant real property interests as provided in Section 10(Real Property)herein,DWS shall issue a total of 4815-2083-2785.6.061968-00003 6 1,504 EU,of which 257 EU shall be allocated to Waiaha System, and 993 EU shall be allocated to KOH(which 993 EU represents KOH's full allocation of 1,243 EU from the WWS,less the Existing Capacity EU). Subject to subsection(c)below,the EU shall immediately entitle KOH and Waiaha System to water meters and water service, subject to the completion and dedication of on-site project water distribution lines and related facilities, if any, required under the DWS Rules and Regulations. The allocation of the 1,500 Ell is shown on Exhibit F,attached hereto and incorporated herein. a. Initial Allocation. Immediately upon dedication of the WWS, DWS shall issue 615 EU to KOH, which amount does not include the Existing Capacity EU that KOH is currently entitled to utilize,and 177 EU to Waiaha System as set forth on Exhibit F. b. Second Allocation. No later than the earlier to occur of (i) completion of an additional water source by DWS that utilizes the WWS; or(ii)three(3)years from the date of dedication of the WWS, DWS shall issue 378 EU to KOH and 80 EU to Waiaha System, as set forth on Exhibit F. C. Additional KOH Requirements. Notwithstanding the above,KOH shall not be permitted to obtain more than 750 EU and corresponding water meters (which includes any meters issued for the Existing Capacity EU)until DWS determines that KOH has satisfied the KOH Storage Requirements and the KOH Off-Site Transmission Improvements. 12. Allocation of EU. Except for any EU issued or allocated for the Phase 1 Subdivision, for which only 1 EU per lot shall be required,the Parties agree that DWS may require more than one (1)EU for the development of a TMK Parcel. a. DWS will require two(2)EU to be allocated per dwelling unit on parcels zoned RS-15 or larger. b. DWS will require one(1)EU to be allocated per dwelling unit on parcels zoned smaller than RS-15. C. The developers of non single family residential lots or units shall consult with DWS on the number of EU that are required for development of each TMK parcel as determined by an engineer's assessment of the project water use based on the accepted industry standards, review of water use, or similar activities. 13. DWS Water Availability Letters. Upon full execution of this Agreement,the DWS shall issue letters to the Planning Department and other relevant Federal, State and County agencies, boards and commissions on all land use development applications for real property listed within Exhibit F,as the same may be amended from time to time,to the effect that water will be available to service the proposed development at the applicable TMK Parcel(s)as provided by the terms of this Agreement if and when the WWS is built and dedicated and, if applicable,the KOH Off-Site Transmission Improvements and KOH Storage Requirements are completed and dedicated,provided however,that no water shall be provided by DWS from the WWS until construction of the WWS is completed and the WWS has been dedicated to the Water Board, and if applicable,the KOH Off-Site Transmission Improvements and KOH Storage Requirements are completed and dedicated,and subject to completion and dedication of on-site 4915-2083-2785,6.061968-00003 7 project water distribution lines and related facilities, if any,required under the DWS Rules and Regulations. It is expressly understood by KOH and Waiaha System that once a letter is issued by DWS pursuant to this Section, no further assignments of the letter will be allowed to any other TMK Parcel(s) without the express written approval of the Water Board. Nothing in this Section shall pertain to KOH's rights to the Existing Capacity EU,the availability of which DWS shall continue confirm and honor in water availability and water service confirmation letters, upon the request of KOH. 14. Limits on Transferability. The EU granted pursuant to this Agreement shall remain appurtenant to, and run with the land of the original TMK parcel(s)within the lands that are the subject of this Agreement,and to successors and assigns in interest to the original TMK parceI(s) described in Exhibit F. If any of the original TMK parcels are consolidated with any contiguous parcel,the EU may be applied to development on the consolidated parcel without further consent or approval by the DWS or the Water Board. No EU shall be transferred to other TMK parcels without the prior written approval of the Water Board. 15. DWS Char es&Reimbursements. No EU issued under this Agreement shall be subject to any DWS prevailing facilities charges or capital assessment fees. Any EU issued from the Existing Capacity EU starting from the date of dedication of the WWS shall be entitled to a credit for one hundred percent(100%)of the DWS prevailing facilities charges, and capital assessment fees. There shall be no reimbursement to Waiaha System or KOH for new service connections to the WWS under Rule 4-2(4)of the Rules and Regulations of the Department of Water Supply because of DWS granting KOH and Waiaha System EU and facility charge credits as provided herein. In consideration of the provisions of this Agreement, Waiaha System and KOH specifically waive any rights they may have to reimbursement under Rule 4-2(4)of the Rules and Regulations of the Department of Water Supply and any other claims they may have for any reimbursement for future connections. 16. Return of Deposits. In the event that Waiaha System is required to pay any deposits, advances or other payments(e.g.advance payments for HELLO substation and line improvements) for which the DWS or the Water Board,as owner of the WWS, may later be eligible to receive reimbursement or credits.the DWS or the Water Board shall.within thirty (30)days of receipt thereof,pay the reimbursement or credits back to Waiaha System and KOH in accordance with Waiaha System's and KOH's pro-rata share of the 1,500 Water Commitments allocated hereunder; i.e., Waiaha System shall be entitled to 17%of the reimbursement payment from DWS and KOH shall be entitled to 83%of the reimbursement payment from DWS. KOH and Waiaha System agree and understand that any cost or fee which is not approved by DWS shall not be included or credited. 17. Force Majeure. If the efforts of Waiaha System to complete the design, development and construction of the WWS are delayed by any of the following(collectively, "Farce Majeure"): (a)war, earthquake,fire, flood, litigation regarding the WWS, or volcanic activity or other similar natural disaster, or by general or industry-wide strike in the County of Hawaii, shipping strike in the State of Hawaii or on the continental United States, governmental regulation or any other cause beyond the control of Waiaha System which renders unobtainable at commercially 4315-2083-2785.6,061968-00603 8 reasonable cost any substantial amount of labor, materials or equipment necessary therefore,or (b)the failure of any government agencies to approve or consent to any matter for which such approval or consent is required within a reasonable time after the requesting party has made a request therefore despite reasonable efforts to obtain such consent or approval, or(c)all or any portion of the geographical area of the WWS becomes regulated as a Critical Groundwater Area or similar regulation by the State Commission on Water Resource Management,then in any such event,the time period(s)set forth in this Agreement for completion of the WWS shall be extended by the number of days that Waiaha System is delayed as a result of the specified event of Force Majeure, and the duration of this Agreement shall likewise be extended. 19. Counterparts,Facsimile Signatures. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together shall constitute one and the same instrument. The submission of a signature page transmitted by facsimile(or other similar electronic transmission facility) shall be considered as an "original" signature page for purposes of this Agreement so long as the original signature page is thereafter transmitted by mail or by other delivery service. 19. Waiaha System-Breach,Notice, Qpportunity to Cure. If Waiaha System fails to observe or perform any of the covenants contained in this Agreement to be observed and performed by Waiaha System, other than any such breach or failure that in the context hereof is minor, immaterial,or insubstantial, and Waiaha System does not cure such default within ninety (90) days following written notice from KOH or the Water Board,then without limiting any other remedy which may be available at law or in equity,KOH, in its sole discretion, shall have the right.(but not the obligation)to step in and wholly or partially perform such covenant or obligation on behalf of Waiaha System pursuant to a separate agreement between KOH and Waiaha System. The Water Board and/or DWS shall accept KOH's performance in satisfaction of the obligations of Waiaha System described herein, and any reimbursements or credits due to Waiaha System shall thereafter be due to KOH. 20. Waiaha I1 -Breach. The duties and obligations of Waiaha II under this Agreement shall be enforceable solely against Waiaha II. The failure of Waiaha II to observe or perform any of the covenants contained in this Agreement to be observed and performed by Waiaha II shall not impair any other duties or obligations of the other Parties under this Agreement. 21. Runs With The Land. This Agreement shall run with the land on Exhibit F,and shall inure to and be binding on the heirs,devisees,personal representatives, successors and assigns of the Parties, and any official or governmental entity that may be formally authorized to succeed the Water Board or DWS in their respective legal capacities. 22. Indemnification. With the exception of acts by DWS,Board and their employees, representatives and agents, which constitute willful acts and/or gross negligence, Waiaha System agrees to indemnify,defend,and hold harmless the Board and DWS, its officers, directors, members, employees,agents and representatives from and against any and all damages, claims, suits,actions,proceedings, losses, liabilities,and expenses for causes of action which arose prior to the date of acceptance of the WWS by the Water Board, claimed or brought by any third party or any of Waiaha System's members for any damages including those to real or personal property,or personal injury,or death arising out of the design,development and/or construction 4815-2083-2785.6.061968-09003 9 of the WWS. Furthermore,Waiaha System shall name the Water Board and DWS as additional insureds on Waiaha System's liability insurance policy for the development of the WWS. 23. Governing Law. This Agreement has been negotiated and executed in the State of Hawaii and shall be governed and construed under the laws of the State of Hawaii,and any action shall be brought in the Third Circuit Court of the State of Hawaii. 24. Notice. Whenever any notice, demand or request is required or permitted hereunder, such notice, demand or request shall be in writing and shall be deemed to have been properly given or served(i)when delivered in fact to the other proper Party (and including all individuals that are required to receive copies),or(ii)when deposited in the United States mail,with adequate postage prepaid and sent by registered or certified mail with return receipt requested,to the addresses set out below or at such other addresses as are specified by written notice so given: in accordance herewith,or(iii)when deposited with Federal Express,Express Mail or other overnight delivery service for next day delivery addressed to the appropriate Party at the addresses set forth below: If to KflHANAIKI SHORES, LLC KOHANAIKI SHORES, LLC Attention: Saul Pinto, CEO P. O. Box 9015 Kailua-Kana,Hawaii 96745 (808) 329-6200(phone) spinto@kohanaiki.com with a copy to: Carlsmith Ball LLP Attention: Steven S.C. Lim 1001 Bishop Street, Suite 2200 Honolulu, Hawaii 96813 (808)523-2500 (phone) slim@carlsmith.com carlsmith.com and: Kohanaiki Shares, LLC Attention: Kaimi Judd P. O. Box.9015 Kailua-Kona,Hawaii 96745 (808) 329-6200 (phone) kjudd@kolianaiki.com If to WAIAHA SYSTEM, LLC Attn: Dan Bolton P.O.Box 909 Kailua Kona 96745 (808) 896-8000 (phone) dan@boltoninc.com 48 1 5-2083-2785.6.061 s6a-oana3 10 a with a copy to: Sandy Caldwell sandy@boltonine.com If to WAIAHA SYSTEM Il, LLC Attn:Dan Bolton P.O.Box 909 Kailua Kona 96745 (808) 896-8000 (phone) dan@boltonine.com with a copy to: Sandy Caldwell sandy@boltoninc.com If to the WATER BOARD of the COUNTY OF HAWAII: Water Board Department of Water Supply County of Hawaii 345 Kekuanaoa Street, Suite 20 Hilo, Hawaii 96720 (808)961-8454(phone) (808)961-8080(fax) with a copy to: Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo,Hawaii 96720 (848) 461-8251 (phone) (808) 961-8622 (fax) 25. Entire Agreement. This Agreement contains the entire understanding between the Parties,and there are not any agreements,understandings, warranties or representations between the Parties except as set forth herein. Any and all oral or written representations, correspondence, letters of intent and agreements are merged into and superseded by this Agreement and shall be of no force or effect. 26. Gender and Number. In this Agreement,unless the context requires otherwise,the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another,as appropriate. 27. Captions. The captions used in this Agreement are for convenience of reference only, and are not a part of this Agreement, and do not in any way limit or amplify the terms and provisions hereof. as 1 5-2093-2785.6.09 1 968-00003 11 L 28. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in a writing signed by the Parties hereto. 29. Partial Invalidity. If any provision of this Agreement is adjudged by a court of competent jurisdiction to be void or unenforceable for any reason,the same shall in no way affect any other provision of this Agreement or the validity or enforceability of this Agreement as a whole, provided that the essential purposes of this Agreement can nonetheless be accomplished. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.. 4815-2033-2785.6.061968-00003 12 IN WITNESS WHEREOF, the parties hereto have executed thcsc presents this 5th day of:February,_ 2413 4-0+2.t� "KOH" "WAiAHA SYSTEM" KOHANAIICI SHORES,LLC,a Delaw.rire WAIAHA SYSTEM. LLC, a Hawaii IimiLed limited liability company liabilitycnmpany By: �� By: INIGMT. a Hawaii corporation Mame: 5a w f n Ic Its: Manager Tit le:— Name.- Daniel B. Bolton Its: President "Wainlia Systein 11" WAIAH A SYSTEM 11, LLC,a Hawaii limited liability company By: MGMT. a Hawaii corporation its: Manager By. Name: Daniel B. Balton Its: President "BOAR1)" RECOMMENDE FO APPROVAL: DEPARTMENT ATE:R SUPPLY WA,rER BOARD OF THE COUNTY OF HAWAII By Its Manager-Ch of Engineer By. ` voc Ar hu'rTaniguchi Ch a i r-pe rsan APPROVED AST FORM AND LEGALITY: D rC-orporation Counsel County of Hawaii Dated: s81S-�U83-27R5.h[�6 i']G$-��P�G3 13 STATE OF HAWAI'l S S: COUNTY OF HAWAI'l This 47-page AMENDED AND RESTATED AGREEMENT REGARDING DEVELOPMENT OF SOUTH WAIARA WATER SYSTEM AND TERMrNATION OF AGREEMENT REGARDING DEVELOPMENT OF NORTH WA]AHA WATER SYSTEM, dated February 5,2013, was sworn to before me this 5'h day of February, 2013,in the Third Circuit of the State of Hawai'l by Arthur K. Taniguchi,to me personally known, who, being by me duly sworn, did say that the person is the Chairperson of the Water Board of the County of Hawai'i and that the seal affixed to the foregoing instrument is the seal of the Department of Water Supply of the County of Hawai'i, and that the instrument was signed and sealed in behalf of the Water Board by authority of the Water Board and said Arthur K. Taniguchi acknowledged the instrinuent.to be the free act and deed of the Water Board. \$01. ........ M- jot, Notary Public—Doreen NV Jollimore State of Hawai'i 5k-co'.. My commission expires: July 9,2014 ... ... Commission#06-405 OF "'11611111111101- ti EXHIBITS Exhibit A The Shares at Kohanaiki Water Service Area Map Exhibit B Waiaha System LLC Water Service Area Map Exhibit C-I Waiaha Water System Master Plan Exhibit C-2 Exhibit D Waiaha Water System(North) Exhibit E Water System Costs,to include DWS aversizing Costs Exhibit F TMK and Water Commitment Allocation Exhibit G November 7, 2012 Report by Tam Nance Water Resource Engineering 4815-2083-27a5.6.061468-00003 EXHIBIT A f f . M � sruve �r l J EXHIBIT B WVONAS£AVERSFOmSOEVELCFAMPO DIV MOt4%WmlahlpWmWSV%WvikWilarta Waley Sm,ehlwkaACAA�dwpUNafaMSpulhAl .drq,4WI M12 11 x5:73 AAL U,14,tuW..1 1;3.3M a• a C 40 �Y c vor r• J � 7 EXHIBIT Cl I x �•� i 4M as I z > f I V �.■ oo.." > f cn _ z 0 > n ! c N „ n z = > 0 m P j ' > VJ cn - � Q � I ' `�f �i I WAIAHA WATER SYSTEM SOUTH MAKAI f EXHIBIT Cz CD m N D c Ct) o � cf) a alaE U r WAIAHA WATER SYSTEM SOUTH MAUKA ! EXHIBIT D G D V ' A+ 0 I l l r � R E r va 'rp WAIAHA WATER SYSTEM NORTH EXHIBIT E DWS Exhibit for Reimbursement of Upsiz€ng System Summary Item 12 Inch 15 Inch 100,000 Gal Tank 1 M Gat Tank Difference Upgrade South-Makai Standard astern Uppra.de System Transmission Lines & Corridor $ 1,757,229 $ 2,533,814 $ 776,585 Sfte and Reservoir 2,650,754 $ 3,478 623 $ 825,859 Total $ 4,407,993 $ 6,01fl 437 $ 1,802,444 Summary item #2 Inch 16 Inch 500,000 Gal Tank 1M Gal Tank Differenca Upgrade South-Mauka Standard System Upgrade System Transmission Unes & Corridor $ 2,203 215 $ 2,985,309 $ 782,094 Site and reservoir 2,973,226 $ 3,55fi 338 $ 583,112 Total $ 5,176,441 $ 6,541647 $ 1,365,205 Difference U rade: $ 9,564,434 $ 12,552,084 $ 2,967,650 9110/2012 EXHIBIT F Allocation of EU From Waiaha Water System ("WWS") TMK PARCELS NAME OF EU ISSUED AT EU AT: (i)DWS TOTAL EU TO BE DEVELOPER DEDICATION COMPLETION OF ISSUED FROM ADDITIONAL WWS SOURCE THAT USES THE WWS; OR(ii)WIIN 3 YEARS OF DEDICATION OF (3)7-3-463:441 to 414, The Shores at WWS - (3)7-3-064:041 to 423, Kohanaiki (3)7-3-065:001 to 068, (3)7-3-066:001 to 404, 865' 378 1,243 2 (3)7-3-067:041 to 044, (3)7-3-068:041 to 444, 3 7-3-449:016 (3)7-5-417: 043 Hualalai Partners 34 41 75 of Kona,LLC (3)7-5-017:042 HU-KO-PA,LLC 60 0 60 (3)7-5-017: 031 The Kona Coffee &Tea Company, 83 39 122 Inc. TOTAL 1,042 458 1,500 'Less the 250 Existing Capacity EU. Net EU issued to KOH at dedication shall be 615. Less the 254 Existing Capacity ELI previously issued to KOH. }Less the 250 Existing Capacity Ell previously issued to KOH. 4 Less the 250 Existing Capacity EU previously issued to KOH, 4873-0374-401M-061968-00003 11W12 EXHIBIT G No,of pages: 26 Email: gantonio@hawaiidws.org kl n a b a Qhawai i dws.q rg fbeck4hawaiidws.org rq U Ro rlarrn@ h awaiid ws.o rg kjudd@kohanaiki.com Tom:Nance Water da-igboltoninacorn Resource Engineering Original 8 will ❑will not be mailed to you. November 7,2012 12-209 1 12-15 MEMORANDUM To: Quirino Antonio, Manager-Chief Engineer-DWS From: Tom Nance and Greg Fukumitsu-TUWRE Subject: hydraulic Evaluation of the Proposed Waiaha Mauka-Makai Transmission Corridor to Supply the Kohanaiki Project Introduction This memo and its attachments are a revised and updated report that was originally submitted informally to DWS in May 2012. Tom Nance Water Resource Engineering (TNWRE)was asked by Kohanaiki to evaluate the feasibility of conveying water to the Kohanaiki project via Bolton's proposed Waiaha mauka-to-makai transmission improvements. After meeting with Kurt Inaba, tarry Beck,and Ryan Quitoriano at the DWS office in Hilo,a pian to conduct the evaluation was made. First,field data on the south to north transmission from DWS'Kahaluu 601-foot tank through the 595-foot service zone to the Palani/QK Highway intersection would be gathered using pressure recorders and tank level recorders. Second, hydraulic modeling would be done to convert the freld data to rates of transmission through this portion of DWS'system. Third,the proposed Waiaha 595-focttank an the Bolton Walaha corridor improvements would be added to the model to determine if the Kohanaiki project could be supplied by the Waiaha addition. The model results would also be used to identify what other improvements to DWS' system would be necessary to enable this transmission through DWS`system to occur. This.memo and its attachments present the results. Results of Field Measurements Pressure Downstream of the PRV at the P land K Intersection. A pressure recorder was installed by DWS at the rubbish dump north of the PalanVQueen Kaahumanu intersection during the week of April 11 to 18,2012. This location is on the downstream(north)side of the PRV station located at the Palanl/Queen Kaahumanu intersection. There was Very little recorded pressure variation. Virtually all readings were 1313±3 psi. For the 99-foot elevation of the pressure recording device, this translates to a 400-foot downstream HGL setting at the PRV at the Palan€!QK intersection. This HGL value has been used for the hydraulic modeling. 560 N Nimirt Huy--5uite 213-ViottoluIu.Hawaii 96817-Phone(808)537-r 141•Pax,(8a8)538-7757-Finazl:tom@tnwre.com Page 2 November 7, 2012 12-209 1 12-15 Pressure on the Upstream Side of the Palani/QK PRV and Wafer Levels in the Palani and Pua uaa 325-Foot Tanks. From April 19 to 26, 2012, a DWS pressure recorder was installed on the upstream side of the PalanilQK PRV and TNWRE-supplied data loggers tracked the water levels in the two 325-foot tanks fed from the 595-foot system over this same period. Figure 1 depicts the recorded pressure at the PRV and water level variations in the 2,0 MG Puapuaa 325-foot tank. The in low rate into the tank is set at 425 GPM; a modest rate which has very little discernable impact on pressure in the 595- foot system. Figure 2 shows the water level in the 9.39 MG Palani 325-foot tank and pressures recorded on the upstream side of the Palan[/QK PRV over the April 19 to 26, 2012 period. Delivery from the 595-foot system into the Palani Tank is measured by onsite flowmeters. The delivery rate was consistently measured to be 2730 GPM_ As the day-by-day graphs show(Figures 3 through 8),there is a substantial pressure drop in the 595-foot systern when the 2730 GPM delivery into the Palani Tank is occurring. Analyses of Water Use in the 595-Foot System Based on the Field Data in addition to the identified delivery rates into the two 325-foot tanks, other uses in the 595-foot system have been quantified using the field data in the following two ways; (1) by development of a formula to convert the measured pressure drop in the 595-foot system at the upstream side cf the PRV to an equivalent flowrate; and (2) by use of a hydraulic model. Equivalent Flowrate Forrruia. The formula was developed with the following assumptions: water level in the 50'1-foot Kahaluu Tank was always at 601 feet; Hazen-Williams C factors were as specified in DWS' standards; and all draft in addition to the delivery into the two 325-foot tanks occurred at the upstream side PRV. For these simplifying assumptions, Figures 9 through 16 depict the within-day variation of use fate in the 595-foot system. These rates vary substantially, primarily due to the discrete, on/off delivery rate into the Palani 325-foot tank. For the six complete days of record, total average use was as follows; Pace 3 November 7, 2012 12-209 1 12-15 Day in Day of the Total Average Use April }Meek GPM MGD 20 Friday 3528 5,08 21 Saturday 3382 4.87 22 Sunday 3349 4.82 23 Monday 3577 5.15 24 Tuesday 3339 4.81 25 Wednesday 3692 5.32 The maximum head drop at tl�e Palani/QK PRV was to an HGL of 510 feet, refiectinc 91 feet of friction loss between the 501-foot Kahaluu tank and the PRV. For this head drop, the formula computes an equivalent flowrate from the Kahaluu Tank of 5949 GPM. This equates to 2794 GPM of uses Other than the known delivery rates into the two 325-foot tanks- 595-Foot System Use Rates Determined With a Hydraulic Madel. Exhibit A depicts the hydraulic model used to determine water use rates in the 595-foot system based on the field data. Although this modes does not have the ability to approximate use rates contiruously as can be done with the formu]a method, it does a more accurate calculation at a given H G L on the upstream side of the Palani/QK PRV. For the maximum head drop to an H G L of 510 feet, the model computes a total draft of 5850 GPM from the Kahaluu 601-foot tank (versus 5949 GPM by the farrnula). The mode! result is considered to be mare accurate than the formula. Several other aspects of the existing system should be noted: ■ The valve on the 12-inch OK pipeline just north of FHonokohau Harbor is normally closed, meaning that water from-,he 595-foot system via the Palani/QK PRV does not move to the north of this valve when it is closed. ■ As a result of the normally closed valve,all water uses to the north are supplied by high level well water transmitted down Mina Lani Drive. ■ Between Hina Lani Drive and Keahote Airport, uses on the mauka side of QK Highway and Koh anaiki on the makai side of the highway are supplied by the 363-foot service zone, established by the 363-foot storage tank in Nina Lani L]rive. ■ The 280-foot service zone, established by two 280-foo'storage tanks inland of the HELC❑ Keahole power plant, is fed from the 363-foot zone and now serves the Airport and NELHA. With Page 4 November 7, 2412 12-209 f 12-15 the improvements to the system described subsequently, Kohanalkl will be added to the 280-foot service zone. Modeling the Addition of the Waiaha Magka-Makai Transmission Corridor. Exhibit B shows the hydraulic model used to evaluate supply to the Kohanaiki project after the Bolton Waiaha mauka-makai transmission project is completed. Moving from south to north, additions and changes to DWS'existing system that have been Incorporated into the model are as follows: + For the purpose of the hydraUR simulation, the Waiaha mauka-makal transmission corridor is represented by its 595-foot tank and 16-inch pipeline connection to DWS'595-foot system, + At the point of connection of this 16-inch line to DWS'595-foot system, a rate of f?ow control valve is required. For the simulation herein,with DWS'Waiaha well being the sole source of supply for the mauka-makai transmission system, the flow control is set at 1400 GPM. In the future when additional Waiaha wells are added, the controlled flowrate would be increased accordingly. • The PRV station at the Palani/QK intersection consists of 8-,4-, and 2-Inch valves in parallel. The capacity of the station is adequate and its pressure settings do not need to be changed. Owning to the key role th s PRV station plays, however, replacement of the valves would be appropriate. The existing valves could then be rebuilt and retained as back up for the station. • On the existing 16-inch pipeline in QK Highway just before the Honokohau Harbor intersection, a rate of flow control valve needs to be installed to mode-ate the flow from the higher pressure zone created by the Palani/0K PRV into the 363-foot service zone to the north. The rate of flow for tha simulation herein is set at the maximum day rate of Knhanalki's 1243 commitments. This equivalent to 518 GPM. The system Is actually capable of delivering substantially more than this if and when necessary. + Tho valve on the 12-inch QK Highway pipeline just north of Honokohau Harbor, now normally closed,would remain open. • The new 16-inch pipeline in CCK Highway from Honokohau Harbor to the Keahole Airport intersection,scheduler{to be installed with the highway widening project, is added to the model. As shown on Exhibit B, a portion of the 16-inch would be in the QK 363-foot service zone and the other section would supply the 284-foot service zone. On an interim basis until the 16-inch pipeline is in, Kohanaiki can be served via its present connection to the 363-foot sewice zone Page 5 November 7, 2612 12-209 1 12-15 system. Aftcr the 16-inch pipeline is in, the connection ter the 363-foot service zone would be retained as a back up. For the 280-foot service zone established by the two storage tanks above the HELCO Keahole power plant, the two existing 12-inch pipelines would bath feed water from the 363-foot zone into the 280-foot tanks. A new 20-inch pipeline from these tanks dawn to QK Highway would supply users in the 280-foot service zone; consisting of the Airport, NELHA, and the Kohanaiki project. As the annotated flawrates on Exhibit B indic-a e, with all of the changes and additions describcd above, water can be supplied to tine Kohanaiki project with the addition of the Bolton Waiaha mauka- makai transmission corridor. At the peak use period in the 595-foot service zone, the corridor would also reduce the required supply from t.ne Kahaluu Shaft and drilled wells by 880 GPM. At lesser use rates periods in the 595-foot system,the reduction in the supply from the Kahaluu wells would be even greater. Addition of the Palamanui Mauka-Makai Transmission Corridor. Exhibit C depicts a simulation with the planned mauka-makai transmission corridor through the Palamanui project added at the north end of the system with all the improvements depicted on Exhibit B. For purposes of this simulation, the Palamanui corridor is represented by its lowest, 363-foot storace tank and 12-inch pipeline connection to the 353-foot system in QK Highway and to the existing 280-foot Keahote storage tanks. As indicated by the annotated flawrates on Exhibit C,the location of the 363-foot tank in the Palamanui corridor in proximity to major uses results in substantial draws from this tank.This means that the issue in the near terra for a tank in this location would be providing enough water down this corridor to keep the tank full. Addition of Two More Waiaha Wells. This final simulation, results of which are depicted on Exhibit D, was undertaken to demonstrate the potential long-terra beneficial impact of the Waiaha transmission corridor on reducing the draft from the Kahaiuu Shaft and wells. It assumes that two additional 1050 GPM Walaha wel°s will eventually be constructed, one north and the other south of the existing Waiaha well. With these additions, the flow limit from the Waiaha 595-foot tank into DWS' 595- foot system is increased to 3500 GPM. At peak flowrate conditions, it would reduce the present draft from the Kahaluu wells by 2980 GPiV1, Summary Conclusions and Recommendations The hydraulic simulations described herein achieve the primary objectives of this report which are to determine if the proposed Boltcn Waiaha mauka-makai corridor can supply the Kohanaiki project and to identify all changes and additio-1s to DVVS`system necessary to accomplish that. These changes and additions are as follows; Page 6 November 7, 2012 12-209 { 12-15 1. A rate of flow control valve station should be installed at the point of connection of the Solton Walaha 16-inch pipeline to DWS'20-inch pipeline in the 595-foot system. Initially, the rate of flow should be limited to 1400 GPM, In the future when other Waiaha wells are added, the rate of flow limiter would be adjusted upward to take full advantage of the additional supply, 2. The 8-,4-, and 2-inch valves in the Palani/QK PRV station should be replaced. The existing valves could then be rebuilt and retained to provide back up to the new valves. 3. A rate of flow control stat:on needs to be installed on DWS'existing 16-inch pipeline in QK Highway in the vicinity of the Honokchau Harbor intersection. Simulations herein set the flowrate at the equivalent of Kchanaiki's maximum day rase of 1243 commitments. 4. The normally closed valve on the 12-Inch QK pipeline just north of the Honokohau Harbor intersection needs to be open. 5. The modifications of connections to enable the 12-and(future) 16-inch pipelines in QK Highway bet,veen Hina Lani and Keahole Airport need to be made as shown on Exhibit B. Itis my understanding that Kohanaiki has paid for these changes. 6. The two 12-inch pipelines between{QK Highway and DWS'existing 284-foot tanks need to be modified to feed water from the 363-foot service zone into the tanks and a new 20-inch line needs to be installed to provide distribution service to 280-foot service zone.customers. These changes and addition should be ccmpleted with installation of the 16-Inch QK Highway pipeline. It should be noted that the improvements listed above do not address the storage requirement of the Kohanaiki project. Also, the computer printouts of the model simulations described herein, each of which is about 50 pages, are being submitted separately in electronic form. cc: Kurt Inaba, Larry Beck, Ryan Quitoriano- DVVS [Ernai.Only] Kai mi Judd-Kohanaiki Shores, LLC [amait Only} Dan Bolton- Bolton Inc. [Ema;l gnly} greg@tnwre.com Attachments (;aa ji Jue.E 9ZC eEndeitd ay1 ui ji�na-j Je)eM N M N N N O Oa flQ r [� T h r— 'N I imp s G [C � LO lV M [E Ll 3 L 4= Z C J �r w V � r .L N J L — y 1 c � o Nr ~ oc CL ru C � ti fl 0. G7 r. [9 L J w Z J 4i [� 0 G E 0 :3 in Y L N .1 I I I o ao a a a o o pv a a O Ln co f0 LO 4p 14- rrl o N (1880 Aad aq#40 ap!S 4ua,pea6dn UO l0H haa% xuej GZ[ W med®q m @a-3]J&em ) Q / I � . � � . . k _ � u � � 7 � \ � t � � � f W 0 2 � � k 2 \ � o # @ � \ �E o , . Q _ .� . 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Luga Carlsmith Ball LLP P.O. Bax 686 Hilo, HI 96721-4686 Dear Ms. Luga: Subject: Hualalai Partners of Kona, LLC Second Amendment to Amended and Restated Agreement Regarding Development of South Wai`aha Water System and Termination of Agreement Regarding Development of North Wai`aha Water System Tax Map Key (3) 7-5-017:042 and (3) 7-5-017:043 Enclosed is a fully-executed copy of the subject Second Amendment for your files. If you have any questions,please feel free to contact Mr. Kurt Inaba at 961-8070, extension 238. Sincerely yours. �P I 73C - —7 —7 o �l Keith K. Okamoto, P.E. Manager-Chief Engineer KYI:dmj Enc. Water, Our dost ftecious q4source. . . Xja Wal 4 7Yne . , . Exhibit H The Department of Water Supply is an Equal Opportunity provider and employer. SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT REGARDING DEVELOPMENT OF SOUTH WAIAHA WATER SYSTEM AND TERMINATION OF AGREEMENT REGARDING DEVELOPMENT OF NORTH WAIAHA WATER SYSTEM THIS SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT REGARDING DEVELOPMENT OF SOUTH WAIAHA WATER SYSTEM AND TERMINATION OF AGREEMENT REGARDING DEVELOPMENT OF NORTH WAIAHA WATER SYSTEM(this "Second Amendment"), is made and effective this 12th day of February 2021 , by and among the WATER BOARD OF THE COUNTY OF HAWAII (the "Water Board"), which is the governing Board of the DEPARTMENT OF WATER SUPPLY("DWS"), a semi-autonomous agency of the County of Hawaii; WAIAHA SYSTEM, LLC, a Hawaii limited liability company ("Waiaha System") and KOHANAIKI SHORES, LLC, a Delaware limited liability company("KOH"). The Water Board, DWS, Waiaha System, Waiaha II, and KOH shall hereinafter be referred to collectively as the "Parties." WITNESSETH: WHEREAS, the Parties and Waiaha System II, LLC, a Hawaii limited liability company, entered into that certain Amended and Restated Agreement Regarding Development of South Waiaha Water System and Termination of Agreement Regarding Development of North Waiaha Water System dated February 5, 2013, relating to the development of water sources in North Kona (the "Agreement"); WHEREAS,the Agreement provides that 257 equivalent units of water("EU") due from the Waiaha Water System ("WWS")shall be made available to the members of Waiaha System for use in the development of certain lands situate in North Kona; WHEREAS, the Agreement was amended by that certain First Amendment to Amended and Restated Agreement Regarding Development of South Waiaha Water System and Termination of Agreement Regarding Development of North Waiaha Water System dated May 30, 2413 ("First Amendment")to reflect the transfer of 120 EU to McClean Honokohau Properties, LP ("McClean"), which joined Waiaha System as a new member after the effective date of the Agreement and to revise several provisions of and exhibits to the Agreement; WHEREAS, Waiaha System II, LLC, a Hawaii limited liability company was terminated effective June 19, 2019; WHEREAS, HU-KO-PA, LLC, a Hawaii limited liability company ("HKP"), the fee owner of Lot D, being TMK No.: (3) 7-5-017:042 ("Lot D") is a member of Waiaha System; WHEREAS, HUALALAI PARTNERS OF KONA, LLC, a Hawaii limited liability company ("Hualalai Partners") is the fee owner of Lot E, being TMK No.: (3) 7-5-01.7:043 ("Lot E") is a member of Waiaha System; WHEREAS, under the First Amendment,60 EU are allocated to Lot D; WHEREAS, under the First Amendment, 75 EU are allocated to Lot E; WHEREAS, Hualalai Partners has determined that due to a reduction in proposed density, Lot E will require a reduced total of 7 EU for development(1 EU for existing lot of record and 6 EU under the First Amendment); WHEREAS, Section 14(Limits on Transferability and Assignment of Units) of the Agreement, as amended by the First Amendment, provides that the EU granted pursuant to the Agreement shall remain appurtenant to, and run with the land of the TMK parcel(s) as described in the Agreement and the First Amendment and within the lands that are the subject of the Agreement and the First Amendment, and to successors and assigns in interest to the TMK parcel(s) described in Exhibit F to the First Amendment and that no EU shall be transferred to other TMK parcels without the prior written approval of the Water Board; WHEREAS, Hualalai Partners wishes to transfer and assign the 69 excess EU to HKP at Lot D, and HKP wishes to accept the 69 excess EU; WHEREAS, the Parties now desire to amend the Agreement to reflect the transfer and assignment of 69 EU from Hualalai Partners to HKP at Lot D; and WHEREAS, upon the approval of the Second Amendment by the Water Board, all of the Parties shall execute the Second Amendment. NOW, THEREFORE, the Parties do hereby agree as follows: 1. Amendment to Agreement. The Parties hereby amend the Agreement to reflect the transfer and assignment of 69 EU from Hualalai Partners to HKP at Lot D. Z. Effective Date of Transfer. The transfer and assignment of the 69 EU from Hualalai Partners to HKP at Lot D shall be effective upon the approval of the Water Board. 3. Exhibit F. Exbibit F attached to the Agreement is hereby deleted in its entirety and replaced with the revised Exhibit_F_(Second Amendment) attached hereto and incorporated herein by this reference. 4. Confirmation and Ratification of the Agreement. Except as expressly provided in this Second Amendment, the Agreement, as amended by the First Amendment, including all dates and deadlines, shall remain unmodified and in frill force and effect, and the respective obligations of the parties thereunder are hereby ratified and confirmed. 5. Defined Terms. Any word, term or phrase that begins with initial capital letters and is not otherwise defined herein or in another identified document shall have the definition of such word, term or phrase in the Agreement and the First Amendment. 6. Counte arts Facsimile Signatures. This Second Amendment may be executed in any number of counterparts, each of which will be deemed an original, but all of which together shall constitute one and the same instrument. The submission of a signature page transmitted by facsimile(or other similar electronic transmission facility) shall be considered as an "original" signature page for purposes of this Second Amendment s❑ long as the original signature page is thereafter transmitted by mail or by other delivery service. [the remainder of this pages is Ieft intentionally blank, signature page follows] 3 FN WITNESS WHEREOF, the parties hereto have executed these presents this 12tH day of February_ 2p 21 . "KOH'p "WAIAHA SYSTEM" KOHANAIKI SHORES, LLC, a Delaware WAIAHA SYSTEM, LLC, a Hawaii limited liability company limited liability company By- By: MGMT, a Hawaii corporation Name: Its: Manager Title: By: _ /I —/— Name: Daniel B. Bolton Its: President RECOMMENDED FOR APPROVAL: "WATER BOARD" DEPARTMENT OF WATER SUPPLY WATER BOARD OF THE COUNTY OF HAWAII By: Its: Manager-Chief gineer By: eq�, L— Name: != i c M. Scicchi tano Its "i vice-Chairperson APPROVED AS TO FORM AND LEGALITY Deputy Corporation Counsel County of Hawaii Dated: IN WITNESS WHEREOF, the Parties hereto have executed these presents this day of 3120_. "KOH" "WAIAHA SYSTEM" KOHANAIKI SHORES, LLC, a Delaware WAIAHA SYSTEM,LLC, a Hawaii limited 11 0 ity company limited liability company By: By: MGMT, a Hawaii corporation Name: Its: Manager Title: V/0 .3 T By: Name: Daniel B. Bolton Its: President RECOMMENDED FOR APPROVAL: "WATER BOAR]" DEPARTMENT OF WATER SUPPLY WATER BOARD OF THE COUNTY OF HAWAII By: Its: Manager-Chief Engineer By: Name: Its Chairperson APPROVED AS TO FORM AND LEGALITY Deputy Corporation Counsel County of Hawaii Dated: 4 STATE OF HAWAII } } SS: COUNTY OF HAWAII ] On this 12th day of February _' 20 21 , before me appeared Eric M. Sc i cchi tang , to me personally known, who, being by me duly sworn, did say that the person is the Vi ce-Chai rpe rs on of the Water Board of the County of Hawaii and that the seal affixed to the foregoing instrument is the seal of the Department of Water Supply of the County of Hawaii, and that the instrument was signed and sealed in behalf of the Water Board by authority of said Water Board,and said Eric M. Sci cc h i to no acknowledged the instrument to be the free act and deed of the Water Board. ��,`�'`� f`Jif lP�IOII��f f n _ ° = Notary Public State of�ai`i Y 0"S = Print Name Doreen M. Jol I i mare Commission Expires: . 7/9/2022 ri�lrlt��ftitnt• NOTARY CERTIFICATION Document Identification or Description: Second Amendment to Amended and Restated Agreement Regarding Deve6opment of South Waiaha dater System and Termination of Agreement Regarding Development of North Walaha Water System Document Date: February 12, 2021 No. of Pages: 5 Third Circuit -�1`y���N _. Jurisdiction tin which notarial act is !�� oR_' �'� performed) ' x� ` Signature of Notary (0Mrial St.ar,pN'aI ..... ���� 71/l/;V11111i III1ii��� Doreen M. Jol l imore Printed Name of Notary EXHIBIT F (Second Amendment) Allocation of EU from Waiaha Water System ("WWS") TMK PARCELS NAME OF EU ISSUED AT EU AT:(1)DWS TOTAL EU DEVELOPER DEDICATION COMPLETION OF TO BE ADDITIONAL SOURCE ISSUED THAT USES THE WWS;or(ii) FROM WITHIN 3 YEARS OF WWS DEDICATION OF WWS (3)7-3-063:001 to 004; The Shores of 8651 378 1,243'- (3)7-3-064:001 to 023; Kohanaiki (3)7-3-065: 01 to 068; (3)7-3-066:001 to 004; (3)7-3-067;001 to 404; (3)7-3-068:001 to 004; and(3)7-3-009:016. (3)7-5-017:043 Hualalai Partners 6 0 6 of Kona, LLC (3)7-5-017:042 Hu-Ko-Pa, LLC 88 41 129 (3)7-5-017:031 The Kona Coffee 1 1 2 & Tea Company, Inc. (3) 7-4-024;002, 004, McCIean 82 38 120 006 to 012,014, 015 Honokohau and 017 Properties, LP TOTAL 1,0423 458 1,5404 ° Less the 250 Existing Capacity EU. Net EU issued to KOH at dedication shall be 615. 2 Less the 250 Existing Capacity EU issued to KOH. 3 Less the 250 Existing Capacity EU issued to KOH. 4 Less the 250 Existing Capacity EU issued to KOH. LAND �'�`w 194 Wiwoole St. Hilo, HI 96720 PLANNING � (808) 333-3393 info@landplanninghawaii.com HAWAII LLC April 28, 2022 Mr. Jeff Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Updated Conceptual Layout for Proposed Subdivision Rezone (REZ 21-000012) Applicant: Siting Chen Waiaha 1st, North Kona, Hawaii, TMK: (3) 7-5-017: 043 Please see the attached revised conceptual layout. A single access point to Hualalai Road is proposed at the far western (makai) end of the property. Possible future development of lot 042 to the west could tie into this single access point if required. The plan includes a road reserve lot ensuring future connectivity to the south should that neighboring parcel ever be subdivided. If you have any questions relating to this matter please let me know. Thank you very much. Sincerely, JOHN PIPAN Planning Administrator Enclosures—Figure 2 v2 Revised Layout Copy —Chen Planning Dept. Exhibit 3 a- xivc �8 s gS Z. a�, zsca..e ,,5�=,�- °ufl o A Hoar, _ VICINITY MAP a-r°zo°i°c ate. LOT E mZo n.s, 14.965 ACRES 111 1-2 J i cromso toy c-Z ' areaosm tm c s � e. � - ewaos�tktm c-e � 9 a9Jt 95. °"b.� �A'. ao5a ZGNiNG �A uA m, e o mo* sem u A REZONING EXHIBIT ` PROPOSED A-5o TO A-1 a ZONINGog ..� MAP SHOWING LOT E r ae�wm�.a °ss'o g°' °xe-1,—°x'2111 ' – q Being a Portion of R.P. 1669, L.C. Aw. 8516-8, Ap. 3 to Komoikui At Kahului 2nd North Kona - . s•a ° a � �, Island and County of Hawaii, State of Hawaii _-: '" '� ' feyr� 04J516 RDoNR G,s� w�Po�RFIGURE 2�2R355�.a9 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: May 20, 2022 7ftWV&1a06VW TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2021-000012) Request: A-5a TO FA-1 a Applicant: Siting Chen TM K: 7-5-017:043 We have reviewed the revised conceptual layout submitted April 28, 2022 and offer additional comments, item 8 and 9, in addition to our previous comments dated December 3, 2021 for your consideration: 1. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code. 2. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. 3. The subject parcel is in an area designated as 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. 4. All driveway connections and construction within Hualalai Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. Access to Hualalai Road, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works, Engineering Division. 5. Hualalai Road, fronting the subject property, is a County road with varying right-of- way widths. In accordance with the County's General Plan, Hualalai Road is a collector road and therefore shall be improved to a 66 ft wide right-of-way. The improvements shall be located along the entire subject property frontage of Hualalai Road equaling half the distance between the difference of the current and proposed right-of-way width. Planning Dep-, Exhibit 4 County of Hawaii is an Equal Opportunity Provider and Employer 6. Based on the proposed zoning, we recommend the applicant provide improvements to the subject property's frontage consisting of, but not limited to, pavement widening, paved shoulder and swale improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The improvements shall be located as specified in item #5 and be dedicated to the County. 7. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. 8. Per Hawaii County Code, Section 23-45, Proposed Road Lot A and Proposed Road Reserve Easement should intersect at a right angle and the corner radius should be a minimum of 20 feet. Proposed Road Lot A will need to be a minimum 50 feet wide right-of-way and constructed to a dedicable standard since it provides access to more than 6 lots. 9. We recommend that Proposed Road Lot A and Proposed Road Reserve Easement be dedicated to the County upon request at no cost to the County. Questions may be referred to Robyn Matsumoto at 961-8924. County of Hawaii is an Equal Opportunity Provider and Employer u fW,tiyk'1�'A DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAD'A STREET, SUITE 20 • HILO, HAWAII 96720 Fuwh TELEPHONE (808) 961-8050 • FAX (808) 961-8657 January 5, 2022 C13H PLANNIN10kk"1DEPT TO: Mr. Zenda Kern, Director ""' E�f; `�t'f Planning Department JAN 7 2022 40:49 FROM: Keith K. Okamoto. Manager-Chief Engineer REC'U HAND DELIVERED SUBJECT: Change of Zone Application (PL-REZ-2021-000012) Request—Agricultural-5 Acre (A-5a) to Agricultural-1 Acre(A-la) Applicant—Siting Chen Tax Malt Key 7-5-017:043 This shall supersede our Memorandum dated December 22, 2021. We have reviewed the subiect application and have the following comments and conditions. Water can be made available from an existing 8-inch waterline along Hualalai Road which fronts the subject property. In accordance with the Department's existing water availability conditions, the water availability for the proposed lots is subject to change, Please be informed that the landowner is a member of the Wai`aha System, LLC which has executed a Water Development Agreement("Agreement") with our Water Board in order to secure water commitments for the development of various properties within the Department's North Kona Water System. Through the agreement, the landowner obtained a water commitment in the amount of six(6)equivalent units ("EU") of water at an average daily usage of 400 gallons per day, per unit, for the: subject parcel. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the seven (7) additional units requested in the proposed l l-lot development, the required water commitment deposit is 51,050.00, Remittance by the applicant of the$1,050.00 is requested as soots as possible so that a water commitment may be formally issued. The commitment will be its writing with specific conditions and effective dates stated. Please keel) in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected,water availability is subjcet to change without notice, depending on the water situation. Final subdivision approval will be subject to compliance with the following requirements: 1. Construct necessary water system improvements, which shall include, blit not be limited to: a, service laterals that will accommodate a 518-inch meter to front each lot, Planning Dept. Exhibit 5 `(Nater, Our 914ost (Precious source. . . Ka Wai-AKone . . . The Department of Water Supply is an Equal Opportunity provider and employer. Mr. 7_endo Kern, Director Page 2 January 5, 2022 b. fire hydrants spaced no more than 600 feet apart. On dead-end streets, the Iasi fire hydrant shall be located at one-half the distance From the last house. or unit, fronting the property or driveway or access to the property, and C, subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment ofthe Department's affected water system facilities, should they be necessary. Submit construction plans, prepared by a professional engineer registered in the State of Hawaii, showing the above improvements for review and approval. 2. Remit the prevailing;facilities charge, which is subject to change, its shown below: FACILITIES CHARGE (FC): One(I) initial service $1,319.00 Six (6)additional units through the Wai`aha Agreement Paid Seven 7 additional units a} $6 095,00/unit $42,665.00 Total FC $43,984.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval beim.granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge arnount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items, In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 3. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County ofHawai`i prior to final subdivision approval being granted. A registered land surveyor shall staTnp and certify the metes and bounds description within the conveyance documents. However, prier to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr. Troy Samara of our Water ResOLINOS and Planning Branch at (808) 961-8070. extension 255. Sincerely yours, I � Keith K. Okamoto, P.E. Manager-Chief Engincer TS:dfg copy - Siting Chen (w/copy of Rti1e 5 of the Rules and Regulations) oy t.ATt,p.. I.f c19 E' DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII o`3iy :. 345 KEKUANAO'ASTREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808)961-8050 • FAX (808)961-8657 February 9, 2022 COH PLANNING DEPT Mr. Siting Chen FEB 10 2022 QM2:07 77-172 I.aelae Street Kailua-Kona, HI 96740 REC'D HAND DELIVERED Dear Mr. Chen: Subject: Water Commitment Deposit Applicant —Siting Chen Tax Map Key 7-5-017:043 This is to acknowledge receipt of the required $1,050.00 water commitment deposit for the subject application. We are enclosing Receipt No. 4901573 for your files. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment for the proposed development in the amount of 2,800 gallons per day, or seven (7)additional units of water at an average of 400 gallons per day, per unit, is hereby granted until January 31, 2025, with the following conditions: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. service laterals that will accommodate a 5/8-inch meter to front each lot, b. fire hydrants spaced no more than 600 feet apart. On dead-end streets, the last fire hydrant shall be located at one-half the distance from the last house, or unit, fronting the property or driveway or access to the property, and C. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Submit construction plans, prepared by a professional engineer registered in the State of I fawai`i, showing the above improvements must be submitted for review and approval. 2. Remit the prevailing facilities charge, which is subject to change, as shown below: Planning Dep Exhibit— Water, Our 9Vost ftecious W§source . . . 'Ka Wai A Kane . . . The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Siting Chen Page 2 February 9, 2022 FACILITIES CHARGE (FC): One(1) initial service $1,319.00 Six (6) additional units through the Wai`aha Agreement Paid Seven (7) additional units & $6.095.00/unit $42,665.00 Total FC $43,984.00 WATER COMMITMENT DEPOSIT (WCD): Seven 7 additional units 0 $150.00/unit ($1,050.00) Facilities Charge Balance $42,934.00 These are due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 3. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However,prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at(808) 951-8070, extension 255. Sincerely yours, lkv�m* Keith K. Okamoto, P.E. Manager-Chief Engineer TS.dfg Enc. copy - Planning Department � ' -- •�,;� Ranlxi I. Mansour Mitchell D.Roth �• � Director Mayor L +;; ,ar �,�` Brenda lokepa-Moses Lee Lord Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 - Hilo,Hawaii 96720•cohdemC&hawaHcounty.gov Ph:(808)961-8083-Fax:(808)961-8086 John Pipan/Land Planning Hawaii LLC CQH PLANNING DEPT 194 Wiwo`ole St. FEB 22 2422 Pm2:36 Hilo,Hawaii 96720 RECD HAND DELIVERED February 17,2022 Dear Mr. Pipan, I am in receipt of your letter dated January 19, 2022, which contends that the subject parcel covered by TMK No. (3) 7-5-017:043 is not accessible to a sewer, and instead requests to be allowed to install an Individual Wastewater System meeting the requirements of the Department of Health. At our request, the Department of Health has reviewed your concern and has informed the Department of Environmental Management that if you choose not to connect to the sewer line on Paulehia Street, DOH would require your client to install a small package wastewater treatment plant. Accordingly, DEM revises the comment in its response letter dated December 21, 2022,to state: "Applicant shall either construct an extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code, or shall follow Department of Health regulations." If you decide to construct an extension to the current sewer system, there is a potential for a proportional compensation by other development(s) and/or user(s)that would benefit from this extension in the future. Additionally, once you are connected to the public sewer system, it would be maintained by the County of Hawaii. On the other hand,if your client were to install a sewage treatment plant, the responsibility for maintenance and any future upgrades and repairs would fall on your client. We are open to discuss this option further. If your client has any interest please reach out to set up a meeting. Sincerely, Ramzi Mansour, Director CC: anning Department, County of Hawaii Hawaii Department of Health Planning Dept. Hawai`i County is an Equal Opportunity Provider and Employer Exhibit 6 LAN❑"o ;y 194 Wiwoole St. Hilo, HI 96720 PLANNING (808) 333-3393 info@landplanninghawaii.com HAWAII LLC January 19, 2022 Ramzi I. Mansour, Director Department of Environmental Management 345 Kekuanaoa St, Suite 41 Hilo, HI 96720 Dear Mr. Mansour: Subject: Request for Relief from Sewer Connection Requirements Change of Zone Application (PL-REZ-2021-000812) Landowner: Siting Chen Waiaha V, Kailua-Kona,North Kona, Hawaii,TMK: (3) 7-5-417: 043 Our office submitted a Change of Zone application on behalf of the subject landowner in order to subdivide the subject property into eleven (11) lots. We received a response letter from your department dated December 21,2021. The letter states that the proposed subdivision is within 300 feet of existing Hawaii County sewer system and therefore the applicant is required to extend the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. The letter also provides the attached map (Figure 1)to show the area of the subject parcel that is located within 304 feet of the sewer system. Although the subject property is within 304 feet of the sewer line located at the end of N Mea Lanakila Place, connection to that sewer line is not accessible because it would require extending the sewer line through an already developed residential property. Given the size and location of the existing dwelling on that property, it would not be possible to install the sewer line without significant impact to the property and dwelling (Figure 2). The nearest alternative option to connect to the sewer system would be to extend the sewer line at the end of Paulehia Street through the undeveloped parcel to the north, TMK(3) 7-5- 017: 042 and connect the sewer line at the western boundary of the subject parcel (Figure 3). However, that line is well over 540 feet from the subject property and would pose a significant hardship and expense to the Applicant and render the proposed subdivision infeasible. The previously planned development of Lot 42 has stalled out for over ten years and the ordinances have gone stale. The potential for lot 42 to be successfully developed (and permitting access to the sewer system to the subject property) is very questionable. Therefore, as connecting to the existing sewer is not possible at this time,nor does it appear to be possible in the foreseeable future. We would like to request that pursuant to Section 23-85(b)that the Applicant's proposed subdivision be permitted to utilize Individual Wastewater Systems meeting the requirements of the State Department of Health. LAN D'' 194 Wiwoole St. Hilo, HI 96720 � (808 333-3393 PLANNING info@landp lane inghawai i.c om HAWAII LLC If there are any questions related to this matter,please direct them to me. Thank you very much. Sincerely, JOHN PIPAN Land Planning Hawaii LLC Location Map TMK 7-5-017-043 • �Lr � ,Y. y �.,� it w � I-� 195_1 3 ►, 3+75016U �'. �,�.��.�';� � �,f��fy^Lf'��" \;�:.���,��•� f,�f ':�. ir'! .�.����50170�I�1 -+• ` �"' r: - ""+! A. #t .F\!.@►-. tO.r'. .f+nt t�w L 1' h r ~r y.,, F i�3+75,'1743 �PT�*' ���„ � � �•7 � r'S'" '� ''�'�.�� -�':., f s �� � T ��� �r750:16+1' r n 75 °31041 a� rr r s� _ 37504-0 I, r��+}�.- r X375 98 +75+ T 1 2y ell , s�„75' 1'37 -?�:- _. 371�i81 tom: y' a`� ''�`”f 37c4 ��U9^ �75�43�'4375�4303� - p�'x`"i . Fy3�'�,7.�50�1'1� 7��++.�"� 75• • �� -� ` � �+' 3r7.509304 �� "�+504303 3+750350'k7 �75 PW654 3 5A4l081 3_ 5 41' M 5'Q d3'1 �3775Z14 3751 105Y7 75' 3 , �'SQ9305��_' 3375a4p ,�•_,_:.� 9�5�41'S, 75rQ1+C$ a -+-=�3+T '43+1'�,3'� 375'43 4 ':� '.. 3+7 s7_ li,.5 375'41 75�91r,•�3• 0411d110� - ' l7 308 _ gi s 7+5 31 fi 375 ��r� ���O.dr '4 __ �``- a�i � {,5�'43107 . 'g' 7 043031{p�►..-�75'43'•25 - 37512�2,_,�.., +r +3r75�1'4'+11037 •r37SU4.�+16Z �r�.+l ir�4 '�+ * �� ..' a' q, i. 1 21312 02 1,9:19:00AM F�{1rU r 1:4,514 Service Connections 0 Nan-Caunty Manho{e sewx laterals parcels 0 0.04 0.07 0.94 m1 ® Connected Sewer Malna County Lateral Nat Connected0 0.05 0.1 0.2 km CWnly Gravity M91n Nan-County Lateral ManhalaS - Resource Mapping mawall.Maar Nao-Caunly Gravity Main Saver 300 It Buser O County Manhole Resource MappmO Hawaii•Alaaar 1 61SCLAIMER-I,AormeSion mnfamad in mow rnA.�..w.�„o.,n�.............._....._......-.---- A,,GIS Web AppBuldar Chen Change of Zone Legend Sewer connection from N.Mea Lanakila PL 750170430000 by Y r ♦�r jAlf� SUBJECT s PROPERTY FlGtjRF i• Y f Location Map TM K 7-5-017-043 • - � 1�. -��} d -�:Jl�. .r•y , 6�.�.r. I -+ !Il I �11�� 4 f A � /a"!'> - II - � ` 375d16�Q85 i 1i ,♦♦♦��� •.�. - - E j - 37 7,0 50 44 : e�` '� 1 - `•} .r -- r i}7n' 0 ` 3750I6 ti;' �-r{.� � i6r� F,a6tv.. .�r ��: Ai '_� '1��:_,.I�� �.k�=3�7r5allal���` f� �'e z •/, y"� • � �+ "" a7..v. � A�;r �' r. F,'�Y�LQ1A ,�'rrFr `°�L�, �\ �;` �, rr-'�t-'�- _ -� +✓,i+w�Yr�"tl�'..�' �.t �✓ l' Say+ r�'� �:.'. '- r �° ✓r'�` -if t �a ,�:�ffw�:��a a•� � �� t! i'�. } 3l75' t'S<`i• �°S"' ��""' �L�%�. ����'.f' n-r.��r! ^�+ ,�.•}{_+75 i - � f' e Pr r ._ +r SCfRJi("I�PROPERTY r `Tj;,r. ✓t' 375717 4Z > r.• '• .. �~ '��.~' w. Fr,t;t°° I�, � fir, ;• k� }„ ... tom' �3SJ117,�41� �.,..- �v�•ir � �S Y _ �' r w '; �'� -�.�,."��3�5 ta4��'7 ` ,t�aj I_ •75�Ifj i.B, IAa ti��. rr r r e . r ?r 30431s7�'�F375 96 75 t 17 I �. A r L * i '375411+1�1 Sl 3 r Y r 375 t 4'032 " .. wf f ,r� 75494 �� ► ,, 3'751 , i 375�50r17 + - �►n'.� �� ' 375D4T14�1 ,� � 3 7r5' 3U4, �504303� v c y ;J .- .� t 375 41 5 37�5(P 1 c.75'91 4 r + i3' 3750 Z•8. 375 r37c5' °14� .'C 43U5 ! ` X375 z4• 45 ., r :, ,r+• ��.�j,��_�_ 9,1� 5 ti v 50 I�,�fi� `•r '1 � �X75,4, 75 41 B9 _ SDYJ951�07 #3vj �� r 75.4 751�U'L%7 71 •..17'5191?�7�4 7.5,415.; '� 3 5 _•1© ,i °5" 0,0 v l-f— � 3x5.1 r l 3750 6 �� +� 3 5!410th 3.7,.514+11 5 ' v .1 �•-� 375 1 �30�43?0,31 CP R , 37e5+ 1036 3+�5 4.11 w , .. ; :f750f 303750 . IZ,3 � 121312021,9:19:OOAM FIGURE 3 1:4,514 Serv[ce Connaglpny WICaunty Manhole Sewer Laterals parcels 0 O.D4 0.07 0.14 mi ® Connected Sewer Mahe County Lateral ' , . . I '�T ?: 0 DDS 0.1 0.2 km Not Connected - County Gravity Main Non-Caunly Lateral Resource Mapping Hav+aff,Maaer Manholes --•-NonCountyGravity Main Sewer 3110 11!6ufter O County Manhole ArcG15 YVeh Appgudder Resource Mapping Ftawaii,Maxar I DISCLAIMER-lnfarmelion mntanad in Nex Clea,s derived f1(tm public records thal are mnslenM unaemm—hnnno ann Nn.. Mitchell D. Roth "sY OF k Mayor Ramzl 1.Mansour Director Lee E. Lord Managing Director ''of VtA� Brenda❑.lokepa-Moses County of Haws i`i Deputy❑rreetar DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street,Suite 41 • Hilo,Hawaii 96720 Ph.(808)961-8083■ Fax:(808)961-8086 Email: cohdem@hawaiicounty.gov MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi 1. Mansour, Dir for •'&C.\ Department of Environmental Management DATE: December 21, 2021 SUBJECT: Change of Zone Application (PL-REZ-2021-000012) Request:Agricultural-5 Acres (A-5a) to Family Agricultural-1 Acre (FA--1.a) Applicant: Siting Chen Tax Map Key: (3) 7-5-017.043 The Solid Waste Division has reviewed the subject application and offers the fallowing comments and/or recommendations (contact the Solid Waste Division for details): No comments- Commercial operations, State and Federal agencies,religious entities and non-profit organization may not use transfer stations for disposal. (X) 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. (X) 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. (X} 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. County of Hawaii is an Equal Opportunity Provider and Employer Exhibit 6 Ramzi L Mansour, Director December 21, 2021 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- 25.1 of the Hawaii County Code. Complete Sewer Extension Application. (X) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai°i County Code_Proposed suhdivisinn is Within 300 feet o exi ding Hawaii Cour sewers stem as shown in attached Location Ma - therefore, a licant needs to connect in accordance with Section 23-85 o the.i`-Iawai`i Coun 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_ ( } Applicant shall follow Department of Health regulations. ( ) Other: RM:pls Ln Ln p c t♦ �n �n ¢ $ Lf] g. M LTY ['•'1 a _ ! n � M O• r Q Y` 'i \ a m •r v ,~ H i. cr o 1 I a t -� - C r. a• � ', '� nip - - � in � CT5 H y LnF t , 1 innYl t9 _ Ji - LM m p Q V $ tr M m 91 I Le.) + AA I ` 77 m m r m � HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII HILL, HAWAII 96720 DATE December 3, 2021 Memorandum : Planning Department, County of I lawaii FROM : Fire Inspector Edward Kawasaki, Fire Prevention Bureau. County of I la%vaii SUBJECT : PL-REZ-2021-0000 12 SITING CHEN 'FMK.(3) 7-5-017:043 In regards to the above mentioned proJect,Fire Department Access and Water Supply shall comply with chapter 18 of the 2018 Edition of NFPAI. Email questions or concerns to: Edward.kawasaki(ci7liawaiiCOLinty.gov. Mahalo, Edward Kawasaki 1.ire Inspector If Fire Prevention Bureau Planning Dept. Exhibit--- . ,� 4Q fJ Pmi�� SUZANNE D.CASE DAVID Y.IGE p"^`' 1y 59 CHAIRPERSON GOVERNOR HAWAII Gt ,... BOARD OF LAND AND NATURAL RESOURCES t COMMISSION ON WATER RESOURCE D rE dxm w MANAGEMENT of d and 0 STATE OF HAWAII State of HWJ"' DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 January 3, 2022 County of Hawaii Planning Department via email: plan n inaCcbhawaiicounty,gov Attn: Ms. Jessica Andrews 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Andrews: SUBJECT: Change of Zone Application (PL-REZ-2021-000012)— Request to Change from Agricultural-5 Acres (A-5a) to Family Agricultural-1 Acre (FA-1a) located at Hualalai Road and Hienaloli Road, Kailua-Kona Island of Hawaii; TMK: (3) 7-5-017:043 on behalf of Siting Chen Thank you for the opportunity to review and comment on the subject matter. The Land Division of the Department of Land and Natural Resources (DLNR) distributed or made available a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division-Hawaii District on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k,nakamura _hawaii,gov. Thank you. Sincerely, Russell Tsoi Russell Y. Tsuji Land Administrator Enclosures cc: Central Files Planning Dep; Exhibit 8 KF L'�F"Om ppb SU7.ANNF1).CASF DAVID Y.IGE r9 s CHAIRPERSON GOVERNOR OF HAWAII BOARD OF LAND AND NATURAL,RESOURCES COMMISSION ON WATER RESOURCE "s IN,. MANAGEMENT of sandand rya, v n ��� STATE OF HAWAII 'trete of HaWaDEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 Dec 6,2021 MEMORANDUM FROM: T49- DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division (DLN .E aAgjLgL v) X Div. of Forestry & Wildlife (r byrosa.t.terra o(Qhawaii M) _Div. of State Parks X Commission on Water Resource Management (DLN .CWRM ehawaii. ov) _Office of Conservation & Coastal Lands X Land Division — Hawaii District (ciordon.c.heithawaii.ciov,) TO: Fp���� Russell TsuJi �ct77Vr Russell Y. Tsuji, Land Administrator SUBJECT: Change of Zone Application (PL-REZ-2021-000012)— Request to Change from Agricultural-5 Acres (A-5a) to Family Agricultural-1 Acre(FA-1 a) LOCATION: Hualalai Road and Hienaloli Road, Kailua-Kona Island of Hawaii; TMK: (3) 7-5-017:043 APPLICANT: County of Hawaii on behalf of Siting Chen Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by December 29, 2021. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamura(@hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. ( V ) Comments are included/attached. Signed: Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: Dec 10,2021 Attachments cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Change of Zone Application (PL-REZ-2021-000012)—Request to Change from Agricultural-5 Acres (A-5a) to Family Agricultural-1 Acre(FA-la) Location: Hualalai Road and Hienaloli Road, Kailua-Kona, Island of Hawaii TMK(s): (3) 7-5-017-043 Applicant: County of Hawaii on behalf of Siting Chen COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area (high-risk areas). Be advised that 44CFR, Chapter 1, Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood zones subject to NFIP requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official FIRMS can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT) could also be used to research flood hazard information. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7139. o Kauai: County of Kauai, Department of Public Works (808) 241-4849. Signed: CARTY S. CHANG, CHIEF ENGINEER Date: Dec 10,2021 t q Z,01 2,1 SUZANNE D.CASE o A DAVID Y.IG E 1�ygag »y CHAIRPERSON GOVERNOR OF HAWAII BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 Dec 6,2021 MEMORANDUM TO: D1LNR Agencies: —Div. of Aquatic Resources —Div. of Boating & Ocean Recreation _LEngineering Division (DLNR.ENQRaha waiLgov) X Div. of Forestry& Wildlife (rubvrosa.t.terraqo@hawaii._qov) —Div. of State Parks X Commission on Water Resource Management(DLNR.CW RMQbawaii.gov) —Office of Conservation & Coastal Lands X Land Division– Hawaii District (gordol.c.heit hawaii.gov) FROM: Russell Y. Tsuji, Land Administrator Russell Tsuji SUBJECT: Change of Zone Application (PL-REZ-2021-000012)­ Request to Change from Agricultural-5 Acres (A-5a)to Family Agricultural-1 Acre(FA-1a) LOCATION: Hualalai Road and Hienaloli Road, Kailua-Kona Island of Hawaii; TMK (3)7-5-017:043 APPLICANT: County of Hawaii on behalf of Siting Chen Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by December 29, 2021. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamuraftawaii.gov. Thank you. BRIEF COMMENTS: We have no objections. We have no comments. We have no additional comments. Comments are included/attached. Signed: Print Name: Division: Date: Attachments cc: Central Files 0 2 C)e "., SUZANNE D.CASE Y. +yss CHAIRPERSON GODAVID YI VERNOR HAWAII 0 BOARD OF LAND AND NAIURAL RESOURCES r owd CONBUSSION ON WAIER RESOURCE +w MANAGEMENI ftd 0 STATE OF HAWAII � I of HaDEPARTMENT OF LAND AND NATURAL RESOURCES State �'a� LAND DIVISION POST OEEICE BOX 621 HONOLULU,HAWAII 96809 Jan 18,2022 County of Hawaii Planning Department via email: planninq(C)_hawaiicounty.gov Attn: Ms. Jessica Andrews 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Andrews: SUBJECT: Change of Zone Application (PL-REZ-2021-000012) — Request to Change from Agricultural-5 Acres (A-5a) to Family Agricultural-1 Acre (FA-1a) located at Hualalai Road and Hienaloli Road, Kailua-Kona Island of Hawaii; TMK: (3) 7-5-017:043 on behalf of Siting Chen Thank you for the opportunity to review and comment on the subject matter. In addition to our previous comments dated January 3, 2022, enclosed are comments from the Division of Forestry & Wildlife on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamura(a-)-hawaii.gov. Thank you. Sincerely, f»r Russell Y. Tsuji Land Administrator Enclosures cc: Central Files Planning Dep;. Exhibit 9 ,� 4Q fJ Pmi�� SUZANNE D.CASE DAVID Y.IGE p"^`' 1y 59 CHAIRPERSON GOVERNOR HAWAII Gt ,... BOARD OF LAND AND NATURAL RESOURCES t COMMISSION ON WATER RESOURCE D rE dxm w MANAGEMENT of d and 0 STATE OF HAWAII State of HWJ"' DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 Dec 6,2021 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division (DLNR,ENGR _hawaii,gov) X Div. of Forestry & Wildlife (rubyrosa.t,terrago _hawaii,gov) _Div. of State Parks X Commission on Water Resource Management (DLNR,CWRM _hawaii,gov) _Office of Conservation & Coastal Lands X Land Division — Hawaii District ( ordon,c,heit _hawaii,gov) FROM: Russell Y. Tsuji, Land Administrator gosse// TsuJi SUBJECT: Change of Zone Application (PL-REZ-2021-000012)— Request to Change from Agricultural-5 Acres (A-5a) to Family Agricultural-1 Acre(FA-1 a) LOCATION: Hualalai Road and Hienaloli Road, Kailua-Kona Island of Hawaii; TMK: (3)7-5-017:043 APPLICANT: County of Hawaii on behalf of Siting Chen Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by December 29, 2021. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k,nakamura _hawaii,gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. (m ) Comments are included/attached. Signed: Print Name: DAVID G. SMITH, Administrator Division: Division of Forestry and Wildlife Date: Jan 14,2022 Attachments cc: Central Files SUZANNE D.CASE or N _ CHARPER.SON DAVID Y.ICi�' '� ...... '9{Y.. BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII "I(P R 19.59 G°4� COMMISSION ON WATER RESOURCE MANAGEMENT r y8 cr � I .. o I ROBERT K.MASUDA I n FIRST DEPUTY µ 4 "�,` Ni KALEO MANUEL 8 DEPUTYDIREC'TOR-WATER NDOCEAN "+ BOATINGAGAND OCEAN RECRR EATION BUREAU OF CON�TYANCES COMMISSION ON WATER RESOURCE MANAGEMENT STATE OF HAWAII � 8 ERVATONAND ANDCOASTALENFORCE mmo DEPARTMENT OF LAND AND NA'T'URAL RESOURCES coN.sER AnoxnxDREsoLRCESENaoacEMENT ENGINEERING FORESTRY AND WILDLIFE DIVISION OF FORESTRY AND WILDLIFE HISTORIC'PRESERVATION 1151 PUNCHBOWL STREET,ROOM 325 RAHOOLAWE ISLAND RESERFE COMMISSION LAND HONOLULU,HAWAII 96813 STATE PARKS January 12, 2022 MEMORANDUM Log no. 3456 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 a Change of Zone Application that Requests to Rezone Land from Agricultural to Family Agricultural, Kailua-Kona, Hawaii The Department of Land and Natural Resources,Division of Forestry and Wildlife (DOFAW)has received your request for comment on a Change of Zone Application (PL-REZ-2021-000012) requested for a parcel located in Hualalai Road and Hienaloli Rd in Kailua-Kona on the island of Hawaii, TMK: (3)7-5-017:043. The application proposes rezoning a parcel of land from 14.968- acre of Agricultural (A-5a) to Family Agricultural (FA-la) for the purpose of subdividing it into 11 lots each a minimum of one acre in size for potentially developing eleven 11 family farm dwellings. The applicant (Chen) intends to retain the largest lot (3.5 acres) for the purpose of constructing his/her own single-family dwelling and planting an orchard and vegetable plots. The State listed Hawaiian Hoary Bat or `Ope`ape`a(Lasiurus cinereus semotus) 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 also be avoided for any construction because bats can become ensnared and killed by such fencing during flight. Artificial lighting can adversely impact seabirds that may pass through the area at night by causing disorientation. This disorientation can result in a collision with manmade structures or the grounding of birds. For nighttime work that might be required, DOFAW recommends that all lights used to 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. Permanent lighting from highway lights also poses a risk of seabird attraction, and as such should be minimized. For illustrations and guidance related to seabird-friendly light styles that also protect the dark, starry skies of Hawaii please visit: hLtps:Hdlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf, State listed waterbirds such as the Hawaiian Duck(Anas wyvilliana), Hawaiian Stilt(Himantopus mexicanus knudseni), Hawaiian Coot (Fulica alai), Hawaiian Goose or Nene (Branta sandvicensis) have the potential to occur in the vicinity of the proposed project site. It is against State law to harm or harass these species. If any of these species are present during construction activities, 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 Branch DOFAW office at(808) 974-422. 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. The project area falls within or is encompassed by the historic range of the State listed Blackburn's Sphinx Moth (BSM; Manduca blackburni). Larvae of BSM feed on many nonnative hostplants that include tree tobacco (Nicotiana glauca) which grows in disturbed soil. We recommend contacting our Hawaii Branch DOFAW office at (808) 974-4221 for further information about where BSM may be present and whether a vegetation survey should be conducted to determine the presence of plants preferred by BSM. DOFAW recommends removing plants less than one meter in height or during the dry time of the year to avoid harm to BSM. If you intend to either remove tree tobacco over one meter in height or to disturb the ground around or within several meters of these plants they must be thoroughly inspected by a qualified biologist for the presence of BSM eggs and larvae. DOFAW recommends minimizing the movement of plant or soil material between worksites, such as in fill. Soil and plant material may contain invasive fungal pathogens(e.g.,Rapid `Ohi`a Death), vertebrate and invertebrate pests (e.g., Little Fire Ants, Coqui Frogs), or invasive plant parts that could harm our native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee (BIISC) at(808) 933-3340 in planning, design, and construction of the project to learn of any high-risk invasive species in the area and ways to mitigate spread. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. Gear that may contain soil, such as work boots and vehicles, should be thoroughly cleaned with water and sprayed with 70% alcohol solution to prevent the spread of Rapid `Ohi`a Death and other harmful fungal pathogens. To prevent the spread of Rapid `Ohi`a Death (ROD), if `ohi`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: https:Hcros.ctahr.hawaii.edu/rod. 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:Hsites.�zoo�zle.com/site/weedriskassessment/home). We recommend that you refer to www. lant op no.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.radleyLdhawaii.gov. Sincerely, MA DAVID G. SMITH Administrator Mori, Ashley From: Nakamura, Darlene K <darlene.k.nakamura@hawaii.gov> Sent: Tuesday, February 1, 2022 2:53 PM To: Planning Internet Mail Subject: FW: Request for Comments - Siting Chen - Change Zone Application (PL- REZ-2021-000012) Attachments: Chen.Add'I.CWRM.signed.pdf, Chen.CWRM Late Comments.pdf Hi Jessica, Attached are comments from DLNR's Commission on Water Resource Management. Thanks, Darlene From: Nakamura, Darlene K Sent:Tuesday,January 18, 2022 10:39 AM To: planning@ hawaiicounty.gov Subject: FW: Request for Comments-Siting Chen -Change Zone Application (PL-REZ-2021-000012) Attached are additional comments from DLNR's Division of Forestry & Wildlife on the above-entitled subject matter. From: Nakamura, Darlene K Sent: Monday,January 3, 2022 3:05 PM To:.p....l_�_n_nJ_n @hawaiiconnty. ov Subject: Request for Comments-Siting Chen -Change Zone Application (PL-REZ-2021-000012) Attached are comments from the Hawaii Department of Land and Natural Resources to the above-entitled subject project. i ,� 4Q fJ Pmi�� SUZANNE D.CASE DAVID Y.IGE p"^`' 1y 59 CHAIRPERSON GOVERNOR HAWAII Gt ,... BOARD OF LAND AND NATURAL RESOURCES t COMMISSION ON WATER RESOURCE D rE dxm w MANAGEMENT of d and 0 STATE OF HAWAII State of HWJ"' DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 Feb 1, 2022 County of Hawaii Planning Department via email: plan n inaCcbhawaiicounty,gov Attn: Ms. Jessica Andrews 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Andrews: SUBJECT: Change of Zone Application (PL-REZ-2021-000012)— Request to Change from Agricultural-5 Acres (A-5a) to Family Agricultural-1 Acre (FA-1a) located at Hualalai Road and Hienaloli Road, Kailua-Kona Island of Hawaii; TMK: (3) 7-5-017:043 on behalf of Siting Chen Thank you for the opportunity to review and comment on the subject matter. In addition to our previous comments dated January 3 and 18, 2022, enclosed are comments from the Commission on Water Resource Management on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k,nakamura _hawaii,gov. Thank you. Sincerely, Russell Ts4 ji Russell Y. Tsuji Land Administrator Enclosures cc: Central Files Planning Dept. Exhibit 10 S�car�y-0 DAVID Y.IGEg� _ �4''(� ° SUZANNE D.CASE GOVERNOR OF HAWAII �? - CHAIRPERSON MICHAEL G.BUCK ELIZABETH A.CHAR,M.D. r NEIL J.HANNAHS AURORA KAGAWA-VIVIANI,PH.D. a"s rri°L-:a� WAYN E K.KATAYAMA PAUL J.MEYER STATE OF HAWAII M.KALEO M DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O.BOX 621 HONOLULU,HAWAII 96809 January 25,2022 REF: RFD.5846.8 TO: Mr. Russell Tsuji,Administrator Land Division FROM: M. Kaleo Manuel, Deputy Director Commission on Water Resource Management SUBJECT: Change of Zone Application from Agricultural to Family Agricultural, Siting Chen FILE NO.: RFD.5846.8 TMK NO.: (3)7-5-017:043 Thank you for the opportunity to review the subject document. The Commission on Water Resource Management(CWRM) is the agency responsible for administering the State Water Code (Code). Under the Code, all waters of the State are held in trust for the benefit of the citizens of the State, therefore all water use is subject to legally protected water rights. CWRM strongly promotes the efficient use of Hawaii's water resources through conservation measures and appropriate resource management. For more information, please refer to the State Water Code, Chapter 174C, Hawaii Revised Statutes, and Hawaii Administrative Rules, Chapters 13-167 to 13-171. These documents are available via the Internet at http://dlnr.hawaii.gov/cwrm. Our comments related to water resources are checked off below. 1. We recommend coordination with the county to incorporate this project into the county's Water Use and Development Plan. Please contact the respective Planning Department and/or Department of Water Supply for further information. E] 2. We recommend coordination with the Engineering Division of the State Department of Land and Natural Resources to incorporate this project into the State Water Projects Plan. E] 3. We recommend coordination with the Hawaii Department of Agriculture (HDOA)to incorporate the reclassification of agricultural zoned land and the redistribution of agricultural resources into the State's Agricultural Water Use and Development Plan (AWUDP). Please contact the HDOA for more information. 4. We recommend that water efficient fixtures be installed and water efficient practices implemented throughout the development to reduce the increased demand on the area's freshwater resources. Reducing the water usage of a home or building may earn credit towards Leadership in Energy and Environmental Design (LEED)certification. More information on LEED certification is available at http://www.usgbc.org/leed. A listing of fixtures certified by the EAP as having high water efficiency can be found at http://www.epa.gov/watersense. 5. We recommend the use of best management practices (BMP)for stormwater management to minimize the impact of the project to the existing area's hydrology while maintaining on-site infiltration and preventing polluted runoff from storm events. Stormwater management BMPs may earn credit toward LEED certification. More information on stormwater BMPs can be found at http://planning.hawaii.gov/czm/initiatives/low-impact-development/ 6. We recommend the use of alternative water sources,wherever practicable. E] 7. We recommend participating in the Hawaii Green Business Program, that assists and recognizes businesses that strive to operate in an environmentally and socially responsible manner. The program description can be found online at http://energy.hawaii.gov/green-business-program. 8. We recommend adopting landscape irrigation conservation best management practices endorsed by the Landscape Industry Council of Hawaii. These practices can be found online at http://www.hawaiiscape.com/wp-content/uploads/2013/04/LICH_Irrigation_Conservation_BMPs.pdf. Mr. Russell Tsuji Page 2 January 25,2022 ® 9. There may be the potential for ground or surface water degradation/contamination and recommend that approvals for this project be conditioned upon a review by the State Department of Health and the developer's acceptance of any resulting requirements related to water quality. ❑ 10 The proposed water supply source for the project is located in a designated water management area, and a Water Use Permit is required prior to use of water. The Water Use Permit may be conditioned on the requirement to use dual line water supply systems for new industrial and commercial developments. ❑ 11 The Hawaii Water Plan is directed toward the achievement of the utilization of reclaimed water for uses other than drinking and for potable water needs in one hundred per cent of State and County facilities by December 31, 2045 (§174C-31(g)(6), Hawaii Revised Statutes). We strongly recommend that this project consider using reclaimed water for its non-potable water needs, such as irrigation. Reclaimed water may include, but is not limited to, recycled wastewater, gray water, and captured rainwater/stormwater. Please contact the Hawai'i Department of Health,Wastewater Branch, for more information on their reuse guidelines and the availability of reclaimed water in the project area. ❑ 12 A Well Construction Permit(s)is (are)are required before the commencement of any well construction work. ❑ 13 A Pump Installation Permit(s)is (are) required before ground water is developed as a source of supply for the project. ❑ 14 There is (are)well(s)located on or adjacent to this project. If wells are not planned to be used and will be affected by any new construction, they must be properly abandoned and sealed. A permit for well abandonment must be obtained. ® 15 Ground-water withdrawals from this project may affect streamflows,which may require an instream flow standard amendment. ® 16 A Stream Channel Alteration Permit(s) is (are)required before any alteration can be made to the bed and/or banks of a steam channel. ❑ 17 A Stream Diversion Works Permit(s) is (are)required before any stream diversion works is constructed or altered. ❑ 18 A Petition to Amend the Interim Instream Flow Standard is required for any new or expanded diversion(s) of surface water. ❑ 19 The planned source of water for this project has not been identified in this report. Therefore,we cannot determine what permits or petitions are required from our office, or whether there are potential impacts to water resources. X� OTHER: Planning Branch - The proposed water source in this application for zoning change is from the Hawaii Department of Water Supply. Exhibit F is a letter from HDWS shows 14 Equivalent Units of water is available for this subdivision/development(5,600 gallons per day or approxiimately 373 gallons/acre/day). This is a low amount for 11 agricultural lots with farm dwelling and it is likely that actual water consumption may exceed this amount. The applicant should explain this likely additional water demand will be met. The Commission supports the use of alternative sources, such as reclaimed water,wherever practicable to conserve our limited natural water supplies. We recommend best practices for efficient irrigation (drip, micro-sprinklers,etc.when appropriate)and on-farm water conservation. The projected actual water demands for the project, both potable and non-potable, should be identified and the calculations used to estimate demands should be provided. A discussion of the potential impacts on water resources and other public trust uses of water should be included, and any proposed mitigation measures described. Water conservation and efficiency measures to be implemented should also be discussed. The State Water Code requires each county to update its water use and development plans as necessary to maintain consistency with its zoning and land use policies (§174C-31 HRS). Should a change in zoning be approved for this project, please coordinate with the respective Planning Department and/or Department of Water Supply to incorporate this project into the county water use and development plan. Mr. Russell Tsuji Page 3 January 25,2022 Groundwater Branch - Impacts to ground water dependent ecosystems are becoming an emerging issue as impacts to these are related to impacts to traditional &customary practices of sustenance from these ecosystems. We recommend consultation with the region's (moku)Aha Moku Council on whether a land use conversion or project that uses water will impact any traditional &customary practices. If you have any questions, please contact Nela Fujii of the Planning Branch at 587-0216 or Ryan Imata of the Regulation Branch at 587-0225. Mori, Ashley From: Lebo, Susan A <susan.a.lebo@hawaii.gov> Sent: Saturday, March 12, 2022 1:06 PM To: Planning Internet Mail; Gastilo, Joshua T Cc: Andrews, Jessica; Land Planning Hawaii; schen2000@comcast.net Subject: Proposed Rezone for the Chen Property from A-5a to FA-1a Attachments: 3-7-5-017_2022PR00201_2203JG04_ARCHY_6E42_PRMT_N H PA.pdf Hello, Attached is a pdf copy of our division's review of the following: Chapter 6E-42 Historic Preservation Review— Proposed Rezone for the Chen Property from A-5a to FA-1a Pua'a 2-3, Wai'aha 1 Ahupua'a, North Kona District, Island of Hawai'i TMK: (3) 7-5-017:043 Sincerely, Susan Susan A. Lebo, PhD SHPD Archaeology Branch Chief (808) 321-9000 cell Planning Dap,. 1 Exhibit 11 SUZANNE D.CASE DAVID Y.IGE Y QTR' CHAIRPERSON GOVERNOR OF •(�..•• �^V :` BOARD OF LAND AND NATLRAL RESOLRCES HAWAII ;�P.• y9.58 N q'�y COMMISSION ON WATER RESOURCE MANAGEMENT ROBERT K MASUDA FIRST DEPUTY 05,w)d.and rya G 5 T NL KALEO MANUEL �V ^'6'i' DEPUTYDIRECTOR-WATER 1 i W,r " AQUATICRESOURCES BOATINGAND OCEANRECREATION ��• BUREAU OF CON4TYANCES s..,, COMM[S.S[ON ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT STATE OF HAWAII ENGINEERING FORESTRY AND WILDLIFE tate ofwz y DEPARTMENT OF LAND AND NATURAL RESOURCES RAHGGLAWEISLANn ESSER�TCOMMISSION LAND STATE HISTORIC PRESERVATION DIVISION STATE PARRS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD.,STE 555 KAPOLEI,HI 96707 March 10,2022 IN REPLY REFER TO: Zendo Kern,Planning Director Project No.2022PR00201 County of Hawaii Doc.No.:2203JG04 101 Pauahi Street, Suite 3 Archaeology Hilo,HI 96720 plannin hawahcount�gov Dear Mr.Kern: SUBJECT: Chapter 6E-42 Historic Preservation Review— Proposed Rezone for the Chen Property from A-5a to FA-la Pua`a 2-3,Wai`aha 1 Ahupua`a,North Kona District,Island of Hawaii TNIK: (3)7-5-017:043 This letter provides the State Historic Preservation Division's (SHPD) review of the subject change of zone permit application. The SHPD received the subject submittal on February 15, 2022. It included a Change of Zone Application, a copy of a Certificate of Tax Clearance from the Hawaii County Real Property Tax Office, a County Background and Environmental Report, a metes and bounds description of the property, a list of the surrounding property owners within 1,000 ft. of the subject parcel, and a letter of authorization. The applicant, Siting Chen (landowner),proposes the rezoning of a 14.968-acre parcel from an Agricultural District(5-acre minimum; A-5a)to a Family Agricultural District (1-acre minimum; FA-la) in support of a proposed subdivision of the parcel into eleven(11)separate lots (1-to 3.5-acre individual lots). Findings The submittal indicates that the project parcel has not been impacted by any previous ground-disturbing activities. The Change of Zone Application indicates that the current project parcel was subject to a previously accepted archaeological inventory survey report (AIS; Bulgrin and Rechtman 2005) which was accepted by SHPD (Log No. 2006.3276, Doc No. 0610JT17). The AIS documented (6) historic properties (State Inventory of Historic Places [SIHP] Site 4 50-10-28-24553 [wall], 50-10-28-24554 [wall], 50-10-28-24555 [wall], 50-10-28-24556 wall], 50-10- 28-24557 [enclosure], and 50-10-28-24558 [modified outcrop]). All six(6)historic properties are located within the current project parcel. SIHP Sites 4 24553, 24554, 24555, 24556, and 24557 were assessed as significant under criterion d and were recommended for no further work. SIHP Site 4 24558 was assessed as significant under criterion d and was recommended for data recovery. SHPD accepted a data recovery plan (DRP; Log No. 2008.1520, Doc. No. 0807MD78) and subsequently accepted a data recovery report (DRR; Log No. 2009.2468, Doc.No. 0911TD26)that included SIHP Site 4 24558. A review of SHPD records confirms that the aforementioned previous studies that included the current project area were completed and accepted by SHPD. Additionally,the mitigation data recovery efforts have been completed for SIHP Site 4 24558. Determination Based on current information, SHPD's determination is no historic properties affected for the proposed project. Pursuant to HAR §13-284-7(e), when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence and historic preservation review ends. The historic preservation review process is ended.The permit issuance process mU proceed. Mr.Kern 03/10/2022 Page 2 Attach to permit: In the unlikely event that historic properties such as lava tube openings,concentrations of artifacts, structural remains or human skeletal remains are found during construction activities please cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division at(808)933-7651. Please contact Joshua Gastilo at (808) 933-7653 or at Joshua.gastilokhawaii.gov for any questions regarding this letter. Aloha, 1419e lnwew- Alan S.Downer,PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Jessica Andrews,Jessica.andrewskhawaiicount�gov John Pipan,info(a�landplanninghawaii.com Siting Chen, schen2000kcomcast.net DAVID Y. IGE ELIZABETH A.CHAR,M.D. GOVERNOR OF HAWAII Rr 5ys>a DIRECTOR OF HEALTH f STATE OF HAWAII DEPARTMENT OF HEALTH P.o,Box 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: March 9, 2022 TO: Mr. tendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Request for Comment Regarding Change of Zone Application from A-5a to FA-la (PL-REZ-2021-000012) and Use of Individual Wastewater Systems Landowner: Siting Chen TMK: 7-5-017:043 Waiaha I", Kailua-Kona, North Kona, Hawaii The Department of Health Wastewater Branch (Oahu) will provide comments directly to Hawaii County Planning Department. The Department of Health (DOH), Clean Water Branch (CWB), offers the following comments: Permit Issuance * Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water duality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], A Section 401 Water quality Certification (WQC) is required if your projectlactivity: - Requires a federal permit, license, certificate, approval, registration, or Statutory exemption; and - May result in a discharge into State waters. The term "discharge" is defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). Examples of"discharge" include, but are not limited to, allowing the Planning Dept. following poIIutants to enter State waters from the surface or in-water: Exhibit 12 Zendo Kern March 9, 2022 Page 2 of 5 solid waste, rock/sand/dirt,heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, concrete/sealant/epoxy, and washinglcleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH)Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at: httns:lleha-cloud.doh.hawaii.gov/epennitl. Please see HAR, chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: http:/Ahealtb.hawaii.gov/cwb/. ■ National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes,but is not limited to, clearing, grading, grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i)through (ix) and(xi). -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: Zendo Kern March 9, 2022 Page 3 of 5 baps://eha-ci oud.doh.h awai i.goy/epermitl. A Notice of Intent(NQI)for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOL The NQI is available on the e-Permitting Portal website located at: https://eha-cl oud.doh.hawai i.gov/epertnitl. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWS website at: http://healtli.hawaii.yov/cwb/. ■ According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement ■ Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR,Chapter 11-55 may be subject to penalties of$25,000 per day per violation. ■ Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff'Control ■ Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: www.hawaii.gay/doh/pol_lutedrLinoffcontrol. Public Water Systems: The Department of Health's Safe Drinking Water Branch authority on drinking water quality is based on the definition of a "public water system." Federal and state regulations define a public water system as a system that serves 25 or more individuals at least Zendo Kern March 9, 2022 Page 4 of 5 60 days per year or has at least 15 service connections. All public water system owners and operators are required to comply with Hawaii Administrative Rules, Chapter 11-20 (HAR 11- 20), and titled"Rules Relating to Public Water Systems". All public water systems are regulated by the Department of Health and shall be in compliance with the Hawaii Administrative Rules, Title 11, Chapter 20. Recommend the subdivision Iots be connected to an existing public water system. Concerns on water quality for lead, copper, algae and microbiological and chemical contaminations in private water systems have identified the need for self monitoring. The Department of Health does not support the use of these private rain catchment systems for drinking purposes since the quality may not meet potable water standards. All new public water systems are required to demonstrate and meet minimum capacity requirements prior to their establishment, per HAR 11-20-2.9.5, titled "Capacity Demonstration and Evaluation." This requirement involves demonstration that the system will have satisfactory technical, managerial and financial capacity to enable the system to comply with safe drinking water standards and requirements. Projects that propose development of new sources of potable water serving or proposed to serve a public water system must comply with the terms of HAR 11-20-29. This section requires that all new public water system sources be approved by the Director of Health (Director)prior to its use. Such approval is based primarily upon the submission of a satisfactory engineering report which addresses the requirements specified in HAR 11-20-29. The engineering report must identify all potential sources of contamination and evaluate alternative control measures which could be implemented to reduce or eliminate the potential for contamination, including treatment of the water source. In addition,water quality analyses for all regulated contaminants, performed by a laboratory certified by the State Laboratories Division of the State of Hawaii, must be submitted as part of the report to demonstrate compliance with all drinking water standards. Additional parameters may be required by the Director for this submittal or additional tests required upon his or her review of the information submitted. All sources of public water system sources must undergo a source water assessment which will delineate a source water protection area. This process is preliminary to the creation of a source water protection plan for that source and activities which will take place to protect the source of drinking water. Projects proposing to develop new public water systems or proposing substantial modifications to existing public water systems must receive construction plans approval by the Director prior to construction of the proposed system or modification in accordance with HAR 11-20-30, titled "New and Modified Public Water Systems". These projects include treatment, storage and distribution systems of public water systems. The approval authority for projects owned and operated by a County Board or Department of Water or Water Supply has been delegated to them. All public water systems must be operated by certified distribution system and water treatment plant operators as defined by HAR 11-25 titled, "Rules Pertaining to Certification of Public Water System Operators". Zendo Kern March 9, 2022 Page 5 of 5 All projects which propose the use of dual water systems or the use of a non-potable water system in proximity to an existing potable water system to meet irrigation or other needs must be carefully design and operate these systems to prevent the cross-connection of these systems and prevent the possibility of backflow of water from the non-potable system to the potable system. The two(2) systems must be clearly labeled and physically separated by air gaps or reduced pressure principle backflow prevention devices to avoid contaminating the potable water supply. In addition backflow devices must be tested periodically to assure their proper operation. Further, all non-potable spigots and irrigated areas should be clearly labeled with warning signs to prevent the inadvertent consumption on non-potable water. Compliance with HAR Chapter 11-21, titled Cross-Connection and Backflow Control is also required. Al projects which propose the establishment of a potentially contaminating activity (as identified in the Hawai'i Source eater Assessment Plan) within the source water protection area of an existing source of water for a public water supply should address this potential and activities that will be implemented to prevent or reduce the potential for contamination of the drinking water source. For further information concerning the application of capacity, new source approval, operator certification, source water assessment, backflow/cross-connection prevention or other public water system programs, please contact the SDWB at 586-4258. The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Com mun1ty Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. ��, 4Fehga DAVID Y.IGE ELIZABETH A.CHAR,M.D. GOVERNOR OF HAWAII5 DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH In reply,Please refer to: P.0.BOX 3378 HONOLULU,HI 96801-3378 LUD—3 7 5 017 043 Change Zoning Application from A-5a to FA-1a ID 5900 March 9, 2022 Mr. John Pipan Land Planning Hawaii, LLC 194 Wiwoole Street Hilo, Hawaii 96720 Email: infolandplanninghawaii.com Dear Mr. Pipan: Subject: Request for Comment Regarding Change of Zone Applications from A-5a to FA-1 a (PL-REZ-2021-000012) and Use of Individual Wastewater Systems Landowner: Siting Chen Waiaha 1St, Kailua-Kona, North Kona, Hawaii, TMK: (3) 7-5-017:043 The Department of Health (DOH) will allow the use of an individual wastewater systems (IWS) in accordance with Hawaii Administrative Rules (HAR), Chapter 11-62, Wastewater Systems for the proposed eleven (11) subdivided lots provided that each lot is a least one (1) acre of size or greater and only one (1) dwelling, with no accessory dwelling unit (ADU) will be allowed on each lot. The proposed subdivided lots and use of an IWS shall be subject to conforming with all applicable provisions of HAR, Chapter 11-62. In addition, the development project shall connect to the County sewer system should it become available to the area. Should you have any questions, please call Mr. Mark Tomomitsu of my staff at (808) 586-4294. Sincerely, SINA PRUDER, P.E., CHIEF Wastewater Branch LM/MST:sp c: Mr. Dane Hiromasa Mr. Eric Honda Planning Dep;. Exhibit 13 i �� LAND'� 194 wiwoole St. Hilo, HI 96720 PLANNING t* (808) 333-3393 info@landplanninghawaii.com HAWAII LLC February 4, 2022 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 141 Pauahi Street Hilo, HI 96724 Dear Mr. Darrow: Subject: Attn: Jessica Andrews Request for Relief from Roadway and Sewer Improvements Change of Zone Application (P[-REZ-2021-000012) Landowner: Siting Chen Waiaha V,Kailua-Kona,North Kona,Hawaii, T1VIK: (3)7-5-017: 043 Our office submitted the subject Change of Zone application on behalf of the landowner to rezone the subject property from A-5a to FA-la in order to subdivide the property into eleven(11)lots. I would like to address comments received from the Department of Public Works Engineering Division and the Department of Environmental Management and request that the subject change of zone not be conditioned on needing the applicant to improve the Hualalai Road frontage along the subject parcel or requiring the subdivision to connect to the County sewer system. A rationale for these requests follows. Regarding the comment letter sent from the Department of Public Works Engineering Division dated December 3, 2021 (Exhibit A), Comment No. 5 states: Hualalai Road, fronting the subject property, is a County road wish varying right-of-way widths. In accordance with the County's General Plan, Hualalai Road is a collector road and therefore shall he improved to a 66 f wide right-of--way. The improvemet?is shall be located along the entire subject property frontage of Hualalai Road equaling half the distance between the difference ofthe current and proposed right-nf way width. Comment No. 6 states: Based on the proposed zoning, we recommend the applicant provide improvements to the subject property's frontage consisting of, but not limited to pavement widening,paved shoulder acrd swale improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The improvements shall be located as specified it? item 95 and be dedicated to the County. We would like to request that the recommendation outlined in Comment No. 6 not be made a condition of approval for this application. If approved, the applicant would be required to make fair share contributions to the County to mitigate the potential regional impacts. Those fair share contributions would be proportional to the number of lots being created(and thus proportional to the impact due to the project)and a portion of the overall contribution would be designated to support road and traffic improvements. Thus, through his fair share contribution, the applicant will be fulfilling his financial burden to mitigate the potential regional impacts of the development with respect to public facilities. Requiring the applicant to provide improvements to the roadway in excess of the fair share contribution would Planning Dept. Exhibit 14 exceed reasonable conditions for approval of the requested rezone and subsequent 11-lot subdivision. We anticipate the requirement of providing a future road widening setback along the Hualalai Road frontage of the subject property and the applicant is willing to dedicate that land at no cost to the County when it is deemed necessary. This dedication of land represents further valuable contribution above and beyond the fair share requirements for the proposed project. The topography of the Hualalai Road frontage of the subject property is also very challenging and would require a tremendous amount of fill and earthwork to achieve the necessary grades and widths. Further, it is unknown when the remainder of Hualalai road will be improved to the standards outlined in Comment No. 5. Hualalai Road spans an approximately 0.6-mile distance between the subject property and Queen Kaahumanu Highway. Should improvements only be made to the portion of roadway fronting the subject parcel, it would have the potential to create a bottle neck effect for traffic on both the inauka and makai ends of the property. With regard to the comment letter sent from the Department of Environmental Management dated December 21, 2022 (Exhibit S), that letter states that the proposed subdivision is within 300 feet of an existing Hawaii County sewer system and therefore the applicant needs to connect to the sewer system in accordance with Section 23-85 of the Hawaii County Code. Although the subject property is within 300 feet of the sewer line located at the end of N Mea Lanakila Place, connection to that sewer line is not possible because it would require extending the sewer line through an already developed residential property. Given the size and location of the existing dwelling on that property,it would not be possible to install the sewer line without significant impact to the property and dwelling(Figure 1). The nearest alternative options to connect to the sewer system would be to extend the sewer line at the end of Qpikanalam Place or Paulehia Street. However, in addition to being more than 300 feet from the subject property, connecting from Gpikanalani Place would also require running a sewer line through a densely developed residential property (Figure 2). Connecting from Paulehia Street would be the only possible connection point without requiring access through a residential development by running a sewer line from the end of the road, through the undeveloped parcel to the north, TMK (3) 7-5-017: 042 and connecting the sewer line at the western boundary of the subject parcel (Figure 2). However, that line would be well over 500 feet from the subject property and would pose a significant hardship and expense to the Applicant, rendering the proposed subdivision infeasible. The previously planned development of Lot 42 has been stalled out for over ten years and the ordinances have gone stale. The potential for Lot 42 to be successfully developed (and permitting access to the sewer system to the subject property)is very questionable. Therefore, as connecting to the existing sewer is not possible at this time, nor does it appear to be possible in the foreseeable future, we would like to request that pursuant to Section 23- 85(b)the Applicant's proposed subdivision be permitted to utilize Individual Wastewater Systems(IWS)meeting the requirements of the State Department of Health. The proposed subdivision is low density with lots greater than one acre in area, far larger than the required 10,000 square-foot minimum area required for IWS. It should also be noted that granting of this this request would not be contrary to Policy PUB-4.4 of the Kona Community Development Plan as this property is over a mile from the shoreline and is not considered a priority for sewer connection. Policy PUB-4.4:Sewer Priorities. In order to protect the nearshore water quality, the requirement to hookup to the County sewer system (HCC Section 21-5)shall be strictly enforced. The highest priority in expanding the sewer system within the Koha Urban Area shall be to service any shoreline properties that do not have access to a public sewer system and thea to service lots within approximately 1 mile of the shoreline. Any new subdivision within 1 mile ofshoreline within the Kona Urban Area shall either hookup to the public sewer system, or provide a private treatment system, andlor install dry sewers (see Figure 4-10c Oficial Public Facilities and Services Map- Waste Management). Private wastewater collection systems within the 1 mile zone shall he designed and constructed to County standards to enable potential connection to County sewer system. The County shall ensure that TODs can be served by the public sewer system in a timely manner. I trust that everything is in order for your acceptance of these requests. If there are any questions related to this matter, please direct them to me. Thank you very much. Sincerely, JOHN PIPAN Land Planning Hawaii LLC Mori, Ashley From: Harada, Bryce Sent: Friday, December 3, 2021 4:OS PM To: Planning Internet Mail Cc: Andrews,Jessica Subject: RE: DPW-ENG Comments - PL-REZ-2021-000012 Attachments: PL-REZ-2021-00001 2_revised_12-3-202 1.pdf Aloha, Our apologies,as our comments have been revised. Please refer to the attached revised copy of DPW-ENG's comments, dated 12-3-2021. Should you have any questions, please let us know. Thanks, Bryce Bryce Harada County of Hawaii, Department of Public Works, Engineering Division 101 Pauahi Street,Suite 7 Hilo, HI 96720 Tel. (808)961-8042 Email: bryce.harada@hawaiicounty.gov COUMTY OF HAWAII"W Electronic Processing and Information Center (EPIC) The County of Hawaii is launching its new Electronic Processing & Information Center (EPIC) permit system on July 26 2021. Only electronic applications will be accepted after that date. For more information go to https://www.dpw.hawaiicounty.gov/divisions/buildinq/plans-permits-and- inspections-system. From: Harada, Bryce Sent:Thursday, December 2, 20214:40 PM To: Planning Internet Mail<planning@hawaiicounty.gov> Cc:Andrews,Jessica<Jessica.Andrews@hawaiicounty.gov> Subject: DPW-ENG Comments- PL-REZ-2021-000012 Aloha, Attached is a copy of DPW-ENG's comments for PL-REZ-2021-000012 located at TMK: 7-5-017:043. A hardcopy will not be provided. Should you have any questions, please let us know. 1 EXHIBIT A Thanks, Bryce Bryce Harada County of Hawaii, Department of Public Works, Engineering Division 101 Pauahi Street,Suite 7 Hilo, HI 96720 Tel. (808)961-8042 Email: bryce.harada@hawaiicounty.go� couwTY or HAWAII Electronic Processing and Information Center (EPIC) The County of Hawaii is launching its new Electronic Processing & Information Center (EPIC) permit system on July 26-2021. Qnly electronic applications will be accepted after that date. For more information go to https://www.dpw.hawaiicounty.goy/divisions/building/plans-permits-and- inspections-system. 2 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: December 3, 2021 TO: Zendo Kern, Planning Director FROM: ` Department of Public Works, Engineering Division SUBJECT; CHANGE OF ZONE APPLICATION (PL-REZ-2021-000012) Request: A-5a TO FA-1a Applicant: Siting Chen TM K: 7-5-017:043 We have reviewed the subject application forwarded by your memo dated December 2, 2021, and offer the following comments for your consideration- 1. onsideration:1. All earthwork and grading activity shall conform to Chapter 10, Erasion and Sedimentary Control, of the Hawaii County Code. 2. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. 3. The subject parcel is in an area designated as 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. 4. All driveway connections and construction within Hualalai Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. Access to Hualalai Road, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works, Engineering Division. 5. Hualalai Road, fronting the subject property, is a County road with varying right-of- way widths. In accordance with the County's General Plan, Hualalai Road is a collector road and therefore shall be improved to a 66 ft wide right-of-way. The improvements shall be located along the entire subject property frontage of Hualalai Road equaling half the distance between the difference of the current and proposed right-of-way width. County of Hawaii is an Equai(Wortunity Provider and Employcr 5. Based on the proposed zoning, we recommend the applicant provide improvements to the subject property's frontage consisting of, but not limited to, pavement widening, paved shoulder and swale improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The improvements shall be located as specified in item #5 and be dedicated to the County. 7. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Bryce Harada at 951-8042. County of Hawaii is an Equal")l xzrniniry Novidcr and Fmpioyer N4Y or N Mitchell D. Roth 1i+, Mayor Ramzi I. Mansour Director Lee E.Lord r ;.•*. Managing Director Brenda D.lakepa-Mases Deputy Director County of Haws i`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street,Suite 41. Hiio,Hawaii 96720 Ph:(809)961-8083■ Fax:(808)961-80$6 Email: cohdem@hawaiicounty.gov MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi 1. Mansour, Dir for 1.\ A"- Department of Environmental Management DATE: December 21, 2021 SUBJECT: Change of Zone Application (PL-REZ-2021-000012) Request:AgricuItural--5 Acres (A-5a) to Family Agricultural-1 Acre (FA-1a) Applicant: Siting Chen Tax Map Ivey: (3) 7-5-017:043 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): ( ) No comments. ( ) Commercial operations, State and Federal agencies,religious entities and non-profit organization may not use transfer stations for disposal. (X) 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. (X) 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. (X) 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: County of Hawaii is an Equal Opportunity Provider and Employer EXHIBIT B Ramzi I. Mansour, Director December 21, 2021 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 Hawai`i County Code. Complete Sewer Extension Application. (X) ,Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai°i County Code.Proposed suhdivisiorr is within 300 feet o existin Hawai`i Co un sewers stem as shown in attached Location LVathere ore a licanl creeds to connect in accordance with Section 23-85 of the Hawai`i Count 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 accordamce 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. ( } Applicant shall follow Department of Health regulations. 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