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Ms. Christy A. Logan,PMP <br /> Bolton Inc. <br /> Page 2 <br /> September 21,2016 <br /> 10,HCC,Erosion and Sedimentation Control.All aspects of the drainage way improvement project <br /> thereafter are controlled under the requirements and conditions of the approved wadins or applicable <br /> land alteration permit(s). From a use standpoint,the approved drainage way improvements and <br /> related activities alone do not define or establish a class of use upon these Agricultural lands that is <br /> prohibited by the Zoning Code or the State Land Use Law. <br /> With regard to the base yard component of the pending Special Permit application, your letter of <br /> August 3,2016 provided, as requested, a list of all equipment on site and a breakdown of what <br /> equipment was directly related to the drainage way improvement project and what equipment was <br /> not. A review of the listing confirms that almost all of the equipment on site is necessary to <br /> implement the approved grading plan. Our investigation has also determined that Bolton Inc. has an <br /> established base yard elsewhere and as such,we conclude that the equipment on site is directly <br /> related to implementing the approved grading permit and because a base yard is not being <br /> established, a Special Permit application will not be required. Therefore,your Special Permit <br /> application will be withdrawn from further processing and the filing fee will be refunded under <br /> separate cover. <br /> We thank you for all your cooperation in this matter and we are confident that these determinations <br /> are defensible based on all of the facts provided and confirmed by our department. <br /> Please feel free to contact me our offices if there are any further questions. <br /> Sincerely, <br /> D4 KANUHA <br /> 1� g Director <br /> L . <br /> DK:dsa:mad <br /> P.\wpwin60\DSA\2016\Ltr3BolWnInc09l616REV.doc <br /> cc William V.Brilhante,Assistant Corporation Counsel <br /> DPW Engineering(Kona) <br /> Planning Division(ATTN: Daryn Arai and Jeff Darrow) <br /> West Hawaii Division(ATTN: Bennett Mark and Horace Yanagi) <br /> Councilmember Dru Kauuha <br /> � <br /> ouneilmember Karen Eoff <br /> tervenor Jeff Citron <br /> Michael Matsukawa,Esq. <br />