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William P.Kenoi �r`•'`- <br /> �p:'•• . � Duane Kanuha <br /> Mayor Director <br /> Joaquin Gamiao-Kunkel <br /> '�. Deputy Director <br /> •,E Of`M'� <br /> West Hawaii Office East Hawaii Office <br /> 74-5044 Ane Keohokalole Hwy �• • • Pauahi S <br /> Kaitna-Ktcm Iftwei 96740 0Qilil 101#y Qi Hawid�i. Hilo,Hmai iS 67200 <br /> Phone(808)323-4770 Phone(808)961-8288 <br /> Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 <br /> September 21,2016 <br /> Ms. Christy A. Logan,PMP <br /> Bolton Inc. <br /> P. O Box 898 <br /> Kailua Kona,HI 96745 <br /> Dear Ms.Logan: <br /> Assessment of Conditions Relating to Warning Letter dated February 19,2016 <br /> (File No.2015-035149 and Disposition of Special Permit Application No. 16-000188 <br /> Applicant: Bolton,Inc. <br /> TAW 7-5-017:044,Kahului let&211,North Kona,Hawai'i <br /> This is in regard to our letter dated August 23, 2016,wherein we requested Bolton Inc. to cease and <br /> desist all work on site until a site inspection was conducted That letter was the culmination of a <br /> series of letters and confirmations requested of Bolton Inc.in an effort to determine whether or not a <br /> violation of the Zoning Code or State Land Use Law had occurred and if so, whether or not the <br /> Special Permit application filed by Bolton Inc. would continue to move forward. <br /> After further consultation and field verification with and between DPW Engineering staff and our <br /> Zoning Inspector,we conclude that work being conducted on the property under the parameters of <br /> Grading Permit No. 092524 and stockpiling permits Nos. 092525 and 092529, and associated permits <br /> secured thereto(DOH temporary covered source permit and community noise permit)do not fall <br /> within the purview of Zoning Code requirements for a Special Permit under Section 25-5-72(c)(5), <br /> HCC. 'p, <br /> Section 25-5-72(c)requires that the following uses may be permitted in the(County)Agricultural <br /> zoning district,provided that a Special Permit is obtained for such use if the building site is located <br /> within the State Land Use Agricultural district. The only use category that could be reasonably <br /> applicable under this section is "(5) excavation or removal of natural building material or minerals, <br /> for commercial use." Generally speaking, we equate this definition to a quarry, where the purpose of <br /> the excavation and removal of natural building material is solely for commercial purposes. <br /> However, in this case, the evidence finds that the removal of natural building material from the <br /> subject property is related to on-site ate to drainage improvement purposes with no further <br /> evidence it is being conducted for cc�7ercial urposes as a quan y would. We can therefore <br /> conclude that the material removal, as"yon-specifically represented,is therefore defined by Chapter <br /> www.u,hnlanqi d t.k:,nn Xmvai"Cormty is an Equal Opportunlly Provider and Employer p anninp @hawaiiwuntr.rov <br />