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HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-REZ-2022-017)BNakoaREZ.10.17.2022 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT SHAWN MAILE NAKOA, ESQ. CHANGE OF ZONE APPLICATION (PL-REZ-2022-000017) SHAWN MAILE NAKOA, ESQ. has submitted an application for a Change of Zone from an Agricultural-5 acre (A-5a) zoning district to a Family Agricultural-1 acre (FA -la) zoning district for 5.29 acres of land. The subject property is located at 77-6632 A Kuakini Highway, approximately 0.25 miles northwest of its intersection with Kamehameha III Road, Pahoehoe lst- Kapalaalaea 2nd (Beach Sec.), North Kona, Hawaii, TMK: (3) 7-7-008:062. PROPOSED ACTION 1. Applicant's Request: The applicant is requesting a Change of Zone from an Agricultural-5 acre (A-5a) zoning district to a Family Agricultural-1 acre (FA -la) zoning district for 5.29 acres of land. The FA -la zoning district with a minimum lot size of one acre, would allow a maximum density of five lots. The Family Agricultural 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. Requirements for establishing a land use in the FA district, including a list of the variety of permitted 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) 2. Objectives of the Requests: The applicant is a Court -Appointed Partition Commissioner, who has been vested and authorized by the Third Circuit Court to subdivide the subject property in to three lots consisting of a minimum of one acre each, as required by the Stipulated Order Adopting Commissioner's Report 91, filed October 4, 2021, and Directing Partition in Kind of Property Pursuant to Proposed Plan for Three Lot Subdivision was filed on December 28, 2021 (see Exhibit A of the application). The parties to the Order are the landowners of the subject property. The Order concluded that, "Given the parties long-standing connection to the property and their desire to retain interests in the property, it is just and equitable to order that the Property be subdivided -1- and partitioned in kind into three lots." The Order directs the applicant to perform the three -lot subdivision and encourages the County of Hawaii Planning Department, Department of Public Works and all other relevant government agencies to facilitate the Commissioner's efforts to subdivide the subject property in the manner set forth in the Order. 3. Construction Timetable and Cost: According to the applicant, the subdivision process will begin immediately after approval of the rezone request. The applicant anticipates having the property subdivided by the end of 2023 and estimates the cost of the project to be minimal based on the small scale of necessary improvements. 4. Landowners: Jeannie Averill Clement, Kellie Mersberg, Yolanda K Kahalewai, Iris J Falcam. 5. Supporting Information: The applicant has submitted the following in support of their request. (Planning Department Exhibit 2 - Change of Zone Application dated January 24, 2022) STATE AND COUNTY PLANS 6. State Land Use Designation: Agricultural. 7. County Zoning: Agricultural 5-Acre (A-5a). 8. General Plan LUPAG Map: The subject property is designated as Urban Expansion. Urban Expansion allows for a mix of high density, medium density, low density, industrial, industrial -commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. 9. Kona Community Development Plan (KCDP): The subject property is in the KCDP district and lies within the Kona Urban Area and adjacent to a neighborhood TOD (Transit Oriented Development). 10. Special Management Area (SMA): The property is located approximately 0.8 miles from the nearest shoreline and is situated within the Special Management Area (SMA). According to the applicant, an SMA assessment application for the proposed three -lot subdivision will be submitted following approval of this request for a change of zone. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: The 5.29-acre property is generally rectangular in shape, located RA makai of Kuakini Highway, and is currently vacant of any structures except an approximately 330-square foot shed. According to the applicant, an older dwelling previously situated on the east side of the property has been torn down. The property has a gradual downward slope from the southeast to the northwest, situated at an elevation from 560 to 350 feet above sea level. There is an existing 60-foot-wide road easement from Kuakini Highway along the entire northern frontage of the property, established in 1987 as part of Subdivision No. 5535. 12. Surrounding Zoning/Land Uses: Surrounding lands are zoned A-5a to the west and south, RS-15 to the north, and RS-10 on the east side of Kuakini Highway. Surrounding land uses are primarily residential, with lot sizes ranging from 7,500 to 15,000 square feet and developed with single-family dwellings. The agriculturally zoned lots to the west and south of the property are vacant and undeveloped, and there is a 288-acre, RS-10 zoned property located further south that is not yet developed. 13. ALISH: The subject property is "Unclassified" on the State Agricultural Lands of Importance Map. 14. Land Study Bureau's Detailed Land Classification System: The subject property is classified as "E" or "Very Poor" on the Land Study Bureau (LSB) map. 15. U.S.D.A. Soil Survey: The soils on the subject property are classified as Punalu`u-lava flows complex soils with 10-20 percent slopes. The soil consists of organic material over pahoehoe lava flows. The soil is considered well drained with a high runoff class and the erosion hazard is undefined. The soil on site is not considered prime farmland. 16. FEMA FIRM MAP: The subject parcel is in an area designated as Zone "X" (an area of minimal flood hazard) on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). 17. Flora/Fauna Resources: There were no professional surveys conducted of the floral or faunal resources of the subject property, however, the applicant does not believe that any rare or endangered floral or faunal resources are likely to be found within the subject property due to previous development on the property and the suburban nature of the surrounding area. Vegetation found on the parcel consists primarily of haole koa, guinea grass, fountain grass and Cook pine and fauna found in the area include common introduced bird species, domestic animals, rats and mongoose. -3- 18. Archaeological/Historic/Cultural Resources: The State Historic Preservation Division (SHPD) has confirmed that an archeological survey (Hammatt et al. 1987) of a 32-acre parcel, including the subject property, identified 51 historic properties, 15 of which are located on the subject property. None of the sites identified in the Hammatt survey were recommended for preservation, including a burial, a platform, six terraces, five agricultural complexes, and two previously identified sites. Two sites were assessed as significant under criterion d and were recommended for no further work. However, according to SHPD, the Hammatt survey does not meet current standards for an archeological inventory survey as defined in Hawaii Administrative Rules (HAR) 13- 276 and SHPD requested that an archeological field inspection be conducted of the subject property to determine if undocumented historic properties exist in the project area. Subsequently, the applicant provided an archeological field inspection (FI) report which identified one historic property, an agricultural complex, assessed as significant under criterion d and recommended for data recovery. Additionally, the FI report indicated that a historic house structure and auxiliary shed, both damaged by fire and cleared in 2018, and three historic graves within a burial plot have all been impacted by recent bulldozing. Based on the recommendation of the FI, SHPD requested that an archeological inventory survey (AIS) be conducted for undisturbed portions of the project area prior to any ground disturbing activities and that an AIS report be submitted to SHPD for review and acceptance prior to initiation of any project related work. Additionally, SHPD requested that consultation associated with the encountered burials occur and be documented as part of the requested AIS, and a State Inventory of Historic Places (SIHP) Site 9 request be submitted for the burials. Once assigned an SIHP Site 9, the burials shall be subject to burial treatment in a separate plan. In response to SHPD, the applicant requested to complete the required AIS after the proposed change of zone and subdivision of the subject property, allowing each individual landowner of the proposed parcels to fund an AIS prior to any proposed ground disturbance. In response to the applicant's request, SHPD notes that a brief field inspection of a portion of the property was conducted on October 28, 2022, during which remnants of SIHP sites were observed, including a complex, terrace and platform. Additionally, SHPD personnel observed potential terraces and a platform that were not se previously identified. Based on this information, SHPD states that while they have no objection to the current request for a change of zone, SHPD requests the opportunity to review future permits for the subject parcel and/or future subdivided parcels that may include ground disturbance. The subject site is not adjacent and/or proximate to the shoreline, thus gathering of marine life and coastal access is not an issue. It is not known whether the subject property or the immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicant reports they have not observed any Native Hawaiians gathering plants on the subject property or the immediate surrounding area. 19. Public Access: There is no known public access to the mountain or shoreline that traverses through the subject property. PUBLIC UTILITIES AND SERVICES 20. Vehicular Access: The subject property is currently accessed via Kuakini Highway (State Route 11), a State-owned and maintained highway. According to the State Department of Transportation (DOT), the state highway is a principal arterial roadway intended for through traffic and new driveways introduce conflict points. In order to reduce the potential for a conflict point on Kuakini Highway, DOT requests that the applicant consider limiting access to P6maika`i Street, a County -owned and maintained roadway with a right-of-way of 50 feet and pavement width of approximately 30 feet. According to the Department of Public Works -Engineering Division (DPW), all driveway connections to P6maika`i Street must conform with Chapter 22, County Streets of the Hawaii County Code, and access must include the provision of adequate sight distance meeting with the approval of DPW. 21. Traffic: Given the small scale and scope of the project, a TIAR was not performed. According to the applicant, the proposed 3-lot subdivision is expected to generate much less than the 50 peak -hour trip benchmark. 22. Water: According to the Department of Water Supply (DWS), the subject property is currently served by an existing 5/8-inch water meter, which is limited to an average daily usage of 400 gallons and suitable for only one single-family dwelling. DWS notes that water can be made available from an existing 6-inch waterline within P6maika`i Street fronting the subject parcel and the applicant has paid the required water commitment 52 deposit for two additional units of water. DWS also states that final subdivision approval will be subject to compliance with the requirement to construct any necessary water system improvements. 23. Wastewater: According to the Department of Environmental Management (DEM), the subject property is within 300 feet of the county sewer system and the proposed subdivision therefore requires extension of the sewer system, in accordance with Section 23-85 of the Hawaii County Code. 24. Solid Waste: There are no municipal waste collection services in the County. According to the applicant, solid waste will be handled by the individual lot owners into authorized transfer stations. 25. Essential Utilities and Services: All essential utilities are available to the property. The closest police, fire and medical facilities are located nearby in Kailua-Kona. AGENCIES' COMMENTS 26. Department of Public Works, Engineering Division: (Planning Department Exhibit 3 — February 16, 2022 Memo) 27. Department of Environmental Management — Solid Waste Division and Wastewater Division: (Planning Department Exhibit 4 — March 3, 2022 Memo) 28. Department of Water Supply: (Planning Department Exhibit 5 — March 10, 2022 Letter and April 4, 2022 Letter) 29. Fire Department: (Planning Department Exhibit 6 — February 25, 2022 Memo) 30. State Department of Health: (Planning Department Exhibit 7 — February 22, 2022 Memo) 31. State Department of Transportation: (Planning Department Exhibit 8 — March 24, 2022 Letter) 32. State Historic Preservation Division: (Planning Department Exhibit 9 — February 25, 2022 Letter, August 5, 2022 Letter and October 31, 2022 Letter) AGENCIES AND ORGANIZATIONS — NO COMMENT/CONCERNS 33. Police Department, State Department of Land and Natural Resources — Engineering Division and Land Division roil APPLICANT'S RESPONSE TO AGENCY AND PUBLIC COMMENTS 34. Applicant's response to various agencies: (Planning Department Exhibit 10 — October 20, 2022 Letters) ye 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 -la 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 HAWAI`I 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. MsWER] 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 HAWAI`I 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. 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-l0a 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'` PLANNING t* HAWAII LLC February 2, 2022 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Subject: Submission of Change of Zone Application Applicant: Shawn Maile Nakoa, Esq. Pahoehoe 1st — Kapalaalaea 2°d, North Kona,1H, TMK: (3) 7-7-008: 062 Transmitted here for your review and processing is the submittal of an application requesting the rezoning of a 5.29-acre parcel of land from the Agriculture (A-5a) to the Family Agriculture (FA- 1a) district. The subject property is located just west (makai) of the Kuakini Highway, approximately one quarter of a mile north of its intersection with Kamehameha III Road in Kailua-Kona. If approved, the applicant intends to subdivide the 5.29-acre parcel into three (3) lots, consisting of a minimum of one (1) acre each. The transmittal includes a) the application form; b) a letter of authorization allowing our office to file the application on behalf of the applicant; c) a list of surrounding property owners within one thousand (1,000) feet of the subject parcel; d) a metes and bounds description of the property; e) the departmental questionnaire; and f) background & environmental report, which includes the location and proposed site plan. Further, a payment 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 — Shawn Maile Nakoa, Esq. Planning Dept. Exhibit 2 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Shawn Maile Nakoa, Esa. APPLICANT'S SIGNATURE: ()4:_:-Z LA— r v fvN•r �Si '�C DATE: 1/ 2 4/ 2 0 2 2 ff ADDRESS: 75-167 Kalani Street, Suite 105 Kailua-Kona, Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: Court appointed Commissioner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE -(Bus.) (808) 324-7575 (Res.) (Fax) (808) 324-7576 LANDOWNER(S): Jeannie Averill Clement, Kellie Mersberg, Yolanda K Kahalewai, Iris J Falcam LANDOWNER SIGNATURE(S): DATE: (Mav be by letter) LANDOWNER(S) ADDRESS: REQUEST: A-5 a TO FA -la Existin zoning) (Proposed Zoning) TAX MAP KEY: Qj 7-7-008: 062 STREET ADDRESS OF PROPERTY: 77-6632 A Kuakini Highway, Kailua-Kona, HI 96740 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.29 acres AGENT: Land Planning Hawaii LLC ADDRESS: 194 Wiwoole St, Hilo, HI 96720 TELEPHONE: (Bus.) 808-333-3393 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant RUSH MOORE LLP A Limited Liability Law Partnership Attorneys at Law Offices Honolulu and Kona Kona Office: 75-167 Kalani Street, Ste. 105, Kailua-Kona, Hawaii 96740 / Tel. (808) 324-7575 / Fax (808) 324-7576 SHAWN MAILE NAKOA Resident Partner Email: snakoa@rmkona.com TO WHOM IT MAY CONCERN: As the Court -Appointed Partition Commissioner in Jeannie Averill Clement v. Iris J. Falcam, et al.; Civil No. 3CCV-20-0000325, I have been vested and authorized by the Honorable Wendy DeWeese, Third Circuit Court judge, to subdivide parcel identified by TMK: (3) 7-7-008: 062. In order to do so, a Change of Zone is necessary. As Commissioner, I hereby consent and authorize Land Planning Hawaii LLC to file and process a Change of Zone Application on my behalf. See, Exhibit "A" (Stipulated Order Adopting Commissioner's Report #1, Filed October 4, 2021, and Directing Partition in Kind of Property Pursuant to Proposed Plan for Three Lot Subdivision. DATED: Kailua-Kona, Hawaii, January 24, 2022. RUSH MOORE LLP A Limited Liability Law Partnership By 'gZ IL / �� SHAWN M. NAKOA, ESQ. Court Appointed Commissioner SMN:sjn CADES SCHUTTE LLP PHILIP J. LEAS 1467-0 W. KEONI SHULTZ 7467-0 Cades Schutte Building 1000 Bishop Street, Suite 1200 Honolulu, HI 96813-4212 Telephone: (808) 521-9200 Fax: (808) 521-9210 Email: wshultz@cades.com Attorneys for Plaintiff JEANNIE AVERILL CLEMENT IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII JEANNIE AVERILL CLEMENT, Plaintiff, V. IRIS J. FALCAM; LEO A. FALCAM SR.; LEO A. FALCAM JR.; TAMARA-JEAN FALCAM; IVA-STARR CAIN; KELLIE U. MUNETAKE, F.K.A. KELLIE U. MERSBERG; YOLANDA K. KAHALEWAI; DEPARTMENT OF TAXATION, STATE OF HAWAII; their respective heirs or assigns; DOE DEFENDANTS 1-10; and ALL WHOM IT MAY CONCERN, Defendants. Electronically Filed THIRD CIRCUIT 3CCV-20-0000325 28-DEC-2021 09:53 AM Dkt. 122 ORD CIVIL NO. 3CCV-20-0000325 (Other Civil Action: Quiet Title/Partition) i STIPULATED ORDER ADOPTING COMMISSIONER'S REPORT # 1, FILED OCTOBER 4, 2021, AND DIRECTING PARTITION IN KIND OF PROPERTY PURSUANT TO PROPOSED PLAN FOR THREE LOT SUBDIVISION; EXHIBIT "A" 6214114A EXHIBIT " 16111 STIPULATED ORDER ADOPTING COMMISSIONER'S REPORT #1, FILED OCTOBER 4, 2021, AND DIRECTING PARTITION IN KIND OF PROPERTY PURSUANT TO PROPOSED PLAN FOR THREE LOT SUBDIVISION IT IS HEREBY STIPULATED, between Plaintiff JEANNIE AVERILL CLEMENT ("Plaintiff'), Defendants IVA-STARR CAIN, LEO A. FALCAM, JR., and TAMARA-JEAN FALCAM (collectively, "Defendants Falcam"), Defendant KELLIE U. MUNETAKE, F.K.A. KELLIE U. MERSBERG ("Defendant Munetake"), Defendant YOLANDA K. KAHALEWAI ("Defendant Kahalewai"), and Defendant DEPARTMENT OF TAXATION, STATE OF HAWAII ("Defendant Dept. of Tax") by and through their undersigned attorneys, and approved by Commissioner Shawn Maile Nakoa, Esq. (the "Commissioner"), that Plaintiff's Motion for Partial Summary Judgment Determining Title and Appointing Commissioner, filed April 13, 2021 (the "Motion"), shall be GRANTED as follows, and the Commissioner's t Report #1 filed October 4, 2021 ("Commissioner's Report #1"), shall be APPROVED, and the subject property situate at Kapalaalaea 2nd, District of North Kona, Island, County and State of Hawaii, being PORTION OF LOT 4, containing an area of 5.290 acres, more or less, all as identified by Tax Map Key No. (3) 7-7-008-062 (the "Parcel"), is to be partitioned inkind by subdivision as follows: FINDINGS OF FACT Based on this Court's Order Granting in Part Plaintiffs Motion for Partial Summary Judgment Determining Title and Appointing Commissioner, filed July 6, 2021 (the "July 6, 2021 Order"), Commissioner's Report #1, and the record and files herein, the parties stipulate and the Court finds as follows: 2 6214114.0 1. The Property is 5.290 acres; more or less. 2. Pursuant to this Court's "Order Granting In Part Plaintiff's Motion for Partial Summary Judgment Determining Title and Appointing Commissioner, filed on July 6, 2021 [Dkt. 801, title to the Property is vested in fee simple as tenants in common in: Plaintiff as to an undivided 1/2 interest; Defendant IVA- STARR CAIN as to an undivided 1 / 12 interest; Defendant LEO A. FALCAM, JR. as to an undivided 1 / 12 interest; Defendant TAMARA-JEAN FALCAM as to an undivided 1 / 12 interest; Defendant KELLIE U. MUNETAKE, F.K.A. KELLIE U. MERSBERG as to an. undivided 1 / 8 interest; and ' Defendant YOLANDA K. KAHALEWAI as to an undivided 1 / 8 interest. 3. Plaintiff has requested that this Court order the subdivision of the Property into three parcels and Plaintiff has stated her willingness and capability to advance the costs of the subdivision. 4. By its July 6, 2021 Order, the Court appointed Commissioner Shawn Maile Nakoa, Esq. to investigate the feasibility of partitioning the Property into three parcels and to make a written report to the Court concerning the feasibility of said subdivision proposed by Plaintiff. S. By her Commissioner's Report #1,, filed October 4, 2021, the Commissioner found a subdivision of the Property into three parcels of 2.0210 acre, 1.0105 acre and 1.0105 acre, with roughly 1.25 acres set aside for an easement, feasible. 3 6214114.v3 6. The Commissioner recommended a subdivision of the Property into three parcels as set forth in Exhibit "B" of the Commissioner's Report # 1. Exhibit "B" of the Commissioner's Report # 1 is attached hereto as Exhibit "A". 7. Defendants Munetake and Kahalewai had respective entries of default entered against them in this matter on March 31, 2021. Defendant Munetake had her default set aside by Stipulation filed October 21, 2021, and she filed an Answer on October 26, 2021. Defendant Kahalewai had her default set aside by Stipulation filed .October 27, 2021, and she filed an Answer on October 28, 2021. 8. Per representations from their respective counsel, Plaintiff, Defendants Falcam, Defendant Munetake and Defendant Kahalewai agree that the Property be subdivided into three parcels'as set forth in Exhibit "A" attached, and that Plaintiff will receive the 2.0210 acre parcel subdivided from the far Mauka/East side of the Property (hereinafter "Parcel 1"); Defendants Falcam will receive in equal shares the 1.0105 acre parcel subdivided from the far Makai/ South of the Property (hereinafter "Parcel 3"); and the middle 1.0105 acre parcel subdivided from the Property (hereinafter "Parcel 2") will be allocated to the interests in the Property held by Defendants Munetake and Kahalewai in equal shares. If any of the foregoing findings would more properly be classified as a conclusion of law, it shall be treated as a conclusion of law. 4 6214114.0 CONCLUSIONS OF LAW 1. The Property can be legally partitioned into three separate parcels as set forth by the map in Exhibit "A" attached. 2. Haw. Rev. Stat. § 668-1 provides in pertinent part: When two or more persons hold or are in possession of real property ... as tenants in common... any one or more of such persons may bring an action. .. for a partition of the property, according to the respective rights of the parties . interested therein. .. The.several circuit courts shall have power, in any action for partition, to proceed according to the usual practice of courts of equity in cases of partition, and according to this chapter in enlargement thereof. Haw. Rev. Stat. § 668-1 (emphasis added). 3. Haw. Rev. Stat. § 668-7 provides in pertinent part: The court shall have power... (5) To set apart any particular portion or portions of land to any particular party or parties who by prior occupation or improvement or otherwise may be equitably entitled thereto, and make any proper adjustment or equalization thereof by the sale of other portions and the application of the proceeds for such purpose, or as a condition of any such particular allotment to require payment by the parties of any value of the portion set apart to them in excess of their proportionate interest in the value of the whole property; (6) To divide and allot portions of the premises to some or all of the parties and order a sale of the remainder, or to sell the whole, where for any reason partition in kind would be impracticable in whole or in part or be greatly 5 6234114.0 prejudicial to the parties interested, and by judgment or judgments to invest the purchaser or purchasers with title to any property sold, and use the proceeds to equalize the general partition; Haw. Rev. Stat. § 668-7. 4. Chapter 668, Haw. Rev. Stat., specifically supports Plaintiff's request that this Court order the subdivision of the Property into three separate parcels as set forth in Exhibit "B" of the Commissioner's Report # 1 (Exhibit "A" attached): 5. It is established by Hawaii case law that partition in kind is favored over partition by sale. See Chuck v. Gomes, 56 Haw. 171, 179, 532 P.2d 657, 662 (1975) (stating that the general rule is: "As between a partition in kind or sale of land for division, the courts will favor a partition in kind, since this does not disturb the existing form of inheritance or compel a person to sell his property against his will, which, it has been said, should not be done except in cases of imperious necessity.") (internal citations omitted); Campbell v. DePonte, 57 Haw. 510, 514, 559 P.2d 739, 742 (1977) ("There is no doubt that the 'usual practice of courts of equity', to which HRS § 668-1 refers, includes the partition in kind of the common property, where that is practicable, and favors a partition in kind over partition by sale.") 6. While the Property would qualify as Heirs Property under Chapter 668A, Haw. Rev. Stat., the preference in a partition action is to partition the Property in kind and not by sale. 6 6214114.0 7. Given: a) Plaintiff's request is to partition in kind; b) that there is no evidence the proposed three -lot subdivision would be prejudicial under the factors listed in Haw. Rev. Stat. § 668A-1 D, and; c) no party cotenant has asked for a partition by sale of the Property, this matter may procced under Haw. Rev. Stat. § 668A-9 and a partition in kind of the Property is appropriate. 8. Given the parties long-standing connection to the Property and their desire to retain interests in the Property, it is just and equitable to order that the Property be subdivided and partitioned in kind into three lots. If any of the foregoing findings would more properly be classified as a finding of fact, it shall be treated as a fording of fact. ORDER 1. To implement the foregoing, the parties stipulate and the Court HEREBY ORDERS, ADJUDGES AND DECREES as follows: 2. The Property is owned by various parties as stated above in undivided interests, which interests are best partitioned to the owners in kind, as mandated by. Chapter 668 of the Hawaii Revised Statutes; and, it is just and equitable, in the interest of all parties, and in the interest of justice, that the Property be subdivided into three parcels along the lines set forth in Exhibit "A" e attached, so that at least some if not all of the Property can continue to be owned by the present owners. 3. Shawn Maile Nakoa, Esq., shall continue to serve as Commissioner of this Court. 6214114.0 4. The Commissioner's Report is adopted by the Court. Unless otherwise agreed to by the parties in writing, the Property will be subdivided into three parcels substantially consistent with the recommendations made by the Commissioner and as set forth in Exhibit "A" attached. 5. The subdivision costs for the Property will be advanced by Plaintiff, subject to ultimate allocation by the Court consistent with the parties' fractional interests, pursuant to Haw. Rev. Stat. § 668-17, whereupon the costs and fees incurred by the parties in this matter will be determined by further motion -before this Court. Reimbursement for the costs advanced by Plaintiff to pursue the subdivision shall be secured by the Property. 6. The Commissioner is hereby authorized and vested with all powers necessary to perform the subdivision of the Property and is directed to perform the subdivision of the Property pursuant to the directions set forth by this Order and consistent with the recommendations made in the Commissioner's Report # 1 with the dividing boundary between the three parcels being consistent with the map at Exhibit "A" attached (the exact boundary line to be set by the Commissioner). 7. The County of Hawaii Planning Department, Department of Public Works and all other relevant governmental agencies are encouraged to facilitate the Commissioner's efforts to subdivide the Property in the manner set forth in this Order. 8 6214114A 8. Upon completion of the three -lot subdivision, with approvals being granted by all relevant governmental agencies, the Commissioner is directed to proceed as follows: A. The Commissioner shall perform an accounting of the partition, and make a recommendation by written report to the Court as to the respective party cotenants' proper pro rata share of: (i) payment of the Commissioner's outstanding fees and costs, (ii) Plaintiffs costs associated with obtaining the subdivision as advanced by Plaintiff, awardable under HRS § 668-17, and (iii) any other amounts owed by or to any of the parties as deemed just and equitable by the Commissioner. B. Upon completion of the three -lot subdivision, the parties shall have the right to file a Motion seeking an award of owelty against each other to address any inequities in value as to the award of their respective resultant lot therein. C. The respective parties shall have the right to file a motion for attorneys' fees and other legal costs against each other pursuant to H.R.S § 668- 71. D. A hearing on the Commissioner's report, confirmation of the three - lot subdivision, and any accompanying motion by any other party, shall then be held by the Court. E. Upon confirmation of the final accounting and pursuant to further order of the Court, the Commissioner shall: (1) confirm all funds are transferred or paid to the correct parties -as further directed by the Court; (2) distribute funds to the respective persons; (3) convey Parcel 1 to Plaintiff, (4) convey Parcel 2 to 9 6214114.0 Defendants Munetake and Kahalewai, in equal shares, as tenants in common; and (5) convey Parcel 3 to Defendants Falcam, in equal shares, as tenants in common. The parties' claims for reimbursement of subdivision expenses, attorneys' fees and costs, equalization and other amounts to be decided in connection with the partition of the Property, the claims of the Defendant Dept. of Tax as to the interests of Defendants Munetake and Kahalewai, and any necessary final accounting and approval of the Commissioner's then pending recommendations, remain for later determination by this Court. IT IS SO STIPULATED and ORDERED. DATED: Honolulu, Hawaii, December 17, 2021. CADES' SCHUTTE LLP Is I W. Keoni Shultz PHILIP J. LEAS W. KEONI SHULTZ Attorneys for Plaintiff JEANNIE AVERILL CLEMENT DATED: Honolulu, Hawaii, December 17, 2021. NATIVE HAWAIIAN LEGAL CORPORATION / s / David Kaula Kopper DAVID KAUILA KOPPER DAYLIN-ROSE H. HEATHER Attorneys for Defendants IVA-STARR CAIN, LEO A. FALCAM, JR., and TAMARA-JEAN FALCAM 10 6214114.v3 DATED: Honolulu, Hawaii, December 17, 2021. DEPARTMENT OF THE ATTORNEY GENERAL, STATE OF HAWAII / s /Janine Ruth Udui GARY S. SUGANUMA JANINE RUTH UDUI Attorneys for Defendant DEPARTMENT OF TAXATION, STATE OF HAWAII DATED: Kaneohe, Hawaii, December 17, 2021. / s / Andrew B. Sprenger ANDREW B. SPRENGER Attorney for Defendants KELLIE U. MUNETAKE F.K.A. KELLIE U. MERSBERG and YOLANDA K. KAHALEWAI DATED: Kailua-Kona, Hawaii, December 17, 2021. RUSH MOORE LLP /s/Shawn Maile Nakoa SHAWN MAILE NAKOA Partition Commissioner 021 JUDGE OF THE ABOVE - STIPULATED ORDER ADOPTING COMMISSIONER'S REPORT #1, FILED OCTOBER 4, 2021, AND DIRECTING PARTITION IN KIND OF PROPERTY PURSUANT TO PROPOSED PLAN -FOR THREE LOT SUBDIVISION; EXHIBIT "A"; JEANNIE AVERILL CLEMENT v. IRIS J. FALCAM, et al.; Civ. No. 3CCV-20- 0000325; Third Circuit Court 11 6214114.0 EXHIBIT "A" LEM K A Y' ' A A A M.a L A , E A I s T vrarnrrrr MAP as.rm.za.r-� �_-_s.x,,. i� ^�""'Li.'n'iL - r.••n s�.+-_=+.sv-r�•.r_x_.-=�t;a�t;- ..... _.-._. �Rw+�irar Y-7-000:oa1 \. rw+• z Aryyrou.j 0FM 1 Gra,orl.nq$a p� «. ,Artheenlo9l�ISrfGs gubjc�f {d�f�al calculaf�'on5 � IcSv Ecrtii• 0.9934 Ac Gnroc... I.1ol9 P� '•, .Na..Fkv— mhol°•Shx. ",ex,H'-a.a41M Carc�mArcn�a.79GaAti' Lvf'F?T'ea 5.2al2 Re-5 Flo�Arat I•,;IKA- i-0G9l±em+ o-175r, A— r�r`. C�Iror1i- rrz{ AveR a• v4I v Ao �gJ ES�m I X A P A L A A L A E A s Nr�!- Psfea, Z lo-f-� 1-I.ekArea �• ! • alas' A� a.{ a,Dzlo Ae. 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No. 5-229 (1)) and County of Hawaii, State of Hawaii. Beginning at a spike in concrete at the Southeasterly corner of this parcel of land, being 12,621.21 feet East and running by azimuths measured clockwise from True South: Thence, for the next four (4) courses following along the remainder of Grant 3019 to Kaaipulu: 1 72" 00' 212.91 feet along Lot 1 and Lot 2 to a 1/2 inch pipe in concrete (found); 2. 342" 00' 238.37 feet along Lot 2 to a 1/2 inch pipe in concrete (found); 3. 72 00' 686.75 feet along Lot 2 to a point; 4. 1620 00' 334.35 feet along Lot I to a point; Land Commission Award 4452, Apana 2 to H. Kalama: #19269 '.#• 1 of 3 WES 7-HOMAS A SSOCIA TES — Land Surveyors — 75-5749 Kalawa Street, Kadua-Kona, Hawaii 96740-1817 #19269 CHANGE OF ZONING DESIGNATION FROM A-5a TO FA-] 5. 2570 19' 22.78 feet along Lot 21 of Ali'i Heights, Unit 2, Phase IV (File Plan 2400) to a point; 6. 2480 14' 42.85 feet along Lot 21 of Ali'i Heights, Unit 2, Phase IV (File Plan 2400) to a point; 7. 2520 21' 38.80 feet along Lot 21 and Lot 20 of Ali'i Heights, Unit 2, Phase IV (File Plan 2400) to a point; 8, 2570 01' 51.69 feet alon,,��� Mo Phase IV (File Plan 2400) to a point; 9. 2590 26' 27.50 feet along Lot 20 of Ali'i Heights, Unit 2, Phase IV (File Plan 2400) to a point; 10. 252 23' 59.05 feet along Lot 20 and Lot 19 of Ali'i Heights, Unit 2, Phase IV (File Plan 2400) to a point; 11. 248" 27' 25.04 feet along Lot 19 Ali'i Heights, Unit 2, Phase IV (File Plan 2400) to a point; 12. 256" 03' 35.68 feet along Lot 19 of -Ali'i Heights, Unit 2, Phase IV (File Plan 2400) to a point; 13. 2600 39' 60.28 feet along Lot 19 and the Southerly end of Roadway of Ali'i Heights, Unit 2, Phase IV (File Plan 2400) to a point; 14. 2630 45' 21.59 feet along the Southerly end of Roadway of Ali'i Heights, Unit 2, Phase IV (File Plan 2400) to a point; 15. 2610 59' 42.98 feet along the Southerly end of Roadway of Ali'i Heights, Unit 2, Phase IV (File Plan 2400) and along Lot 18-A of Ali'i Heights, Unit 2, Phase IV to a point; 16. 2540 20' 71.90 feet along Lot 18-A and Lot 22-A of Ali'i Heights, Unit 2, Phase IV to a point; Thence, for the next five (5) courses following along Lot 22-A of Ali'i Heights, Unit 2, Phase IV: 17. 2510 56' 20. 257" 26' #19269 43.57 feet to a point; 32.36 feet to a point; 18.00 feet to a spike (found); 40.12 feet to a point; Page 2 of 3 WES THOMAS A SSOCIA TES - Land Surveyors - ,• Kalawa Street, Kailua-Kona, Hawa# 96740-1817 L Malaggemr-joue L102meja 21. 252" 41' 26.07 feet to a point; 22. 259" 53' 39.02 feet along Lot 22-A and Lot 21-A-1 of Ali'i Heights, Unit 2, Phase IV to a nail (found); Thence, for the next three (3) courses following along Lot 21-A-1 of Ali'i Heights, Unit 2, Phase IV: 23. 2530 13' me I 24. 2490 36' 41.85 feet to a point; 25, 2540 07' 39.60 feet to a point; 26, 2500 38' 22" 98.24 feet along Lot 21-A-1 and Lot 18-A-1 of Ali'i Heights, Unit 2, Phase IV to a nail (found); 27. 253" 12' 9.64 feet along the Westerly side of Kuakini Highway (F.A.P. No. S-229 (1)) to a point; 28. 3510 14' 30" 35.57 feet along the Westerly side of Kuakini Highway (F.A.P. No. S-229 (1)) to a point; Thence, following along the Westerly side of Kuakini Highway (F.A.P. No. 5-229 (1)) on a curve to the left with a radius of 1,567.89 feet, the chord azimuth and distance being: 29. 3500 47' 25.08 feet to the point of beginning and containing an area of 5.292 Acres. Lt S LAND " ljV uvEYOR N No. FY0 A o.433 75-5749 Kalawa Street, Suite 201 Kailua-Kona, Hawaii 96740-1817 TMK: 7-7-008: 062 (3rd Division) April 23, 2019 3= WES THOMAS ASSOCIATES A AO�7110-- Chrystal Thomas Yamasaki Licensed Professional Land Surveyor State of Hawaii Certificate No. LS-4331 WES THOMAS A SSOCIA TES - Land Surveyors - r5-5749 Kalawa Street, Kailua-Kona, Hawa# 96740-181-7 2ohoSign Document 0: 5FYLFFTOLMBYAHLY9TT_NHZDLBJGPLBO|LZVYVVPBDUN Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE i Ifyour request isapproved, duyou intend 10subdivide the subject land inaccordance xv�hthe approved change ofzone? "�" |fyes, please answer the rest ofquestion | and then toquestion 3. a. How many acres ofthe requested area doyou intend tosubdivide? 5.29 b. Into what lot d 1+aC�e�? ._ c |fyour request isapproved, approximately how long after the date ofapproval doyou expect 1msubmit your subdivision plans tothe Planning Department for preliminary approval? 3n1OnthS d. Duyou intend tobuild houses unthe newly created lots? wofirm plans |fyes, please answer the following questions: Onhow many ofthose lots? Atwhat approximate price range? House Lot Total Approximately how long, after approval ofthe subdivision, would the first house beavailable for occupancy? |fyou intend tosubdivide, please submit apreliminary schematic subdivision plan together with your change ofzone application form. Included 2. Ifyou have nofirm plans ofsubdividing the subject area, do you intend to: a. Sell orlease the land tosomeone who has firm plans? b. Sell orlease the land tosomeone who has tentative plans? c. Sell mrlease the land tosomeone who has noplans? d. Keep it? e. Other (please state) �D.2 5/84 1 Zoho Sign Document ID: 5FYLFFTOLMBYAHLY9TT—NHZDLBJGPLBOILZOYWPBDLM 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 Yes will alleviate the local housing situation? How? The proposed 3-lot subdivision would provide limited relief to the housing situation by creating 2 additional lots on which a dwelling could be built. 4. Are there any buildings on the subject area? Yes If so, what kind? One (1) framed utility shed of approximately 330 square feet What do you intend to do with those buildings if your request is approved? No Change 5. Is the subject land currently being used for 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 plan include the following considerations? a. Commodity to be produced? What kinds of commodity? Me b. Suitability of the proposed lot -size for that commodity? Ni, c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? No K Zoho Sign Document ID: 5FYLFFTOLMBYAHLY9TT—NHZDLBJGPLBOILZOYWPBDLM d. Agricultural leases or other forms of assurance that potential buyers or leases will would put the subject area into some form Yes of agricultural use? 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 zone. If you do not intend to subdivide the subject land for some sort of Agricultural purpose, please state your other reasons. To be divided among family members. 7. To your knowledge, has there been any flooding and/or drainage problem No on the subject area? 8. Do you think that the roads leading up to the subject area needs No improvements? If so, what kind? Is the road adequate for the proposed traffic volume or bad? Yes 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: 5FYLFFTOLMBYAHLY9TT_NHZDLBJGPLBOILZOYWPBDLM e. Police Protection f. Fire Protection g. Recreational Facilities h. Public Utilities i. Other no no no no no For those checked "yes", phase elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: 1 `J'4 VVIWOOIe St, Hilo, HI 96720 Telephone: 808-333-3393 Date: Feb 02 2022 15:17 PST 4 COUNTY REZONING REQUEST (A-5a to FA -la) SHAWN MAIZE NAKOA, ESQ. PAHOEHOE 1ST - KAPALAALAEA 2ND, NORTH KONA, HI 96740 TMK: (3) 7-7-008: 062 Table of Contents I. INTRODUCTION.......................................................................................................... 4 II. PROJECT LOCATION...................................................................................................4 III. PROJECT DESCRIPTION...........................................................................................4 A. Project Concept and Components..................................................................... 4 B. Project Timetable and Cost..............................................................................7 W. INSTITUTIONAL CONSIDERATIONS....................................................................... 7 A. State Land Use............................................................................................... 7 B. County General Plan.......................................................................................7 C. Kona Community Development Plan..............................................................10 D. County Zoning.............................................................................................13 E. Relationship to SMA Objectives and Policies..................................................13 F. Other Permitting Requirements.........................................................................16 V. ENVIRONMENTAL CONSIDERATIONS....................................................................16 A. General Description......................................................................................16 B. Soils and Topography...................................................................................17 C. Natural Hazards............................................................................................17 D. Flora/Fauna..................................................................................................19 E. Historic/Cultural/Archaeological Resources .................................................... 20 F. Valued Cultural Resources................................................................................20 G. Water and Coastal Resources......................................................................... 21 H. Noise, Air Quality, and Dust.......................................................................... 21 I. Scenic and Visual Considerations...................................................................... 21 VI. SOCIAL AND RELATED CONSIDERATIONS.......................................................... 22 A. Surrounding Land Uses................................................................................. 22 B. Economic Impacts........................................................................................ 22 C. Agricultural Impacts..................................................................................... 22 VII. INFRASTRUCTURAL CONSIDERATIONS..............................................................23 A. Road........................................................................................................... 23 B. Water.......................................................................................................... 23 C. Wastewater.................................................................................................. 23 D. Solid Waste.................................................................................................23 E. Other Government Services........................................................................... 23 r^. F. Other Utilities.............................................................................................. 24 VIII. IMPACT SIGNIFICANCE ANALYSIS.......................................................................24 A. Relationship Between Local Short -Term Uses of Environment and Maintenance and Enhancement of Long -Term Productivity........................................................... 24 B. Irreversible and Irretrievable Commitment of Resources ................................... 24 C. Mitigative Measures..................................................................................... 25 D. Alternatives to the Proposed Project...............................................................25 IX. REGULATORY ANALYSIS..................................................................................... 26 A. General Plan LUPAG Map............................................................................ 26 B. General Plan Polices..................................................................................... 26 C. Kona Community Development Plan.............................................................. 29 D. Zoning and Subdivision................................................................................. 29 E. State Land Use Agricultural Standards............................................................29 X. CONCLUSION.........................................................................................................29 Figures 1. Location Map.........................................................................................5 2. Tentative Subdivision Map..........................................................................6 3. State Land Use Map.................................................................................8 4. LUPAG Map.........................................................................................9 5. Map of Kona Urban Area..........................................................................11 6. Zoning Map..........................................................................................14 7. FIRM Map..........................................................................................18 Exhibits A. Stipulated Order Adopting Commissioner's Report #1, Filed October 4, 2021, and Directing Partition in Kind of Property Pursuant to Proposed Plan for Three Lot Subdivision B. Letter from Department of Water Supply C. Archaeological Survey, Testing and Excavation K Shawn Maile Nakoa, Esq. ("applicant") is the Court appointed Commissioner assigned to the task of subdividing the subject parcel into three (3) lots. As the subject parcel is 5.29-acres and zoned Agriculture (A-5a), the applicant is requesting the rezoning of the parcel from Agriculture (A-5a) to Family Agriculture (FA -la). The property is located just west (makai) of the Kuakini Highway, approximately one quarter of a mile north of its intersection with Kamehameha III Road in Kailua- Kona (Figure 1). The subject property is located within the Special Management Area. If approved, the applicant intends to subdivide the 5.29-acre parcel into three (3) lots, consisting of a minimum of 1-acre each (Figure 2). The applicant wishes to create the three -lot subdivision for estate planning purposes, specifically for distribution among family members. Stipulated Order Adopting Commissioner's Report #1, filed October 4, 2021, and Directing Partition in Kind of Property Pursuant to Proposed Plan for Three Lot Subdivision (Exhibit A) was filed on December 28, 2021. The parties to the Order are the landowners of the subject property. The Order concluded that Given the parties long-standing connection to the Property and their desire to retain interests in the Property, it is just and equitable to order that the Property be subdivided and partitioned in kind into three lots (para. 8, page 7). It goes on to order the applicant to serve as Commissioner to the Court (para. 3, page 7) and directs the applicant to perform the three -lot subdivision of the property (para. 6, page 8). It also encourages the County of Hawaii Planning Department, Department of Public Works and all other relevant governmental agencies to facilitate the Commissioner's efforts to subdivide the Property in the manner set forth in the Order (para. 7, page 8). As noted earlier, the subject property is located on the west side of the Kuakini Highway, approximately one quarter of a mile north of its intersection with Kamehameha III Road (Figure 1). A. Project Concept and Components The subject site consists of 5.29-acres and is currently vacant of any structures except for a frame utility shed of approximately 330 square -feet. The applicant wishes to subdivide the subject property into three (3) lots for estate planning purposes, namely distribution to family members. If approved, the proposed lots would consist of a minimum of 1-acre in size. As proposed, access to the newly created lots would be via Pomaikai Street while secondary access to proposed lot I would continue to be via Kuakini V1. .II ¢inn edna rlmlFl / rnrn11 , ... 00a. Go W < ,w < e q( O � 1 10 iky NOIfI IOfn>j' I1NIJ�3N /NI V/l.� ` z� t_W r 1Y7d Y n0146 _"� -.. I, H/GHrvq}- p"d. i i 1t..• IM NEI N N Pr. 2 W o •� � I���� 4 =a V I • i ti 133 1S \ 3y73b7 V n J © .4 a w 3N 41 a a � I v _ p dd Q ��a1AOlt --__-- �� I ` V e rd . 1/N17 i r it Q �+tF �, S31Y1S3 M3/.>I / 1/NR 9 l I.i .I r•- ° S h C 9 �.. e </ F 1/Nn I�I ur NN �e �.k °O O�orpPrO rp O -`. a w •-"'-�_`� O ioj • l..g4a �r„i+ °' rJ � ° �'i.'y ®� d �r �' sc....,r i � ",,, � m \\x\\ nf�.0 'II ii PYnn All ���qyrJlj� 1 J�! 1i; L j Figure 1 i -` t ``�Rvt... oro rr -R& �r�I, !fir 3 hi� N1s40 '4u r . �"- `s � 9 E [ODZ.t>y� me. _ < �a'•Bt1K �� / 'i � �/' y � eers•�� \ N YYY'.LYlygt i .. 9 � a R '`s p e - og io .� wae.retsz � ' r 5 sure — .mzvr a i k a I 5 k I 3 .Q Z Y° o0 N � o O OWN Q �' o� 0 Ln Q � Q O ,C m � 11 Highway (Figure 2). The driveway leading to Kuakini Highway may need to be realigned or granted easement by neighboring property owners at a later date. It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. B. Project 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 the end 2023. The estimated cost of improvements for this project will be minimal based on the necessary improvements. No roadway improvements will be necessary as all lots will be accessible from County roadways. Additionally, the subject parcel is served by the Department of Water Supply with one existing water meter, and additional water is available to support the 3-lot subdivision (Exhibit B). A. State Land Use The subject site is designated State Land Use Agriculture (Figure 3). The proposed zoning would comply with the Agricultural State Land Use designation. The County of Hawai' i can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the subject site as Urban Expansion (Figure 4). This designation allows for a mix of high density, medium density, low density, industrial, industrial -commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Thus, the proposed agricultural subdivision resulting in three (3) 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 project's consistency with the specific goals, policies and courses of action of the General Plan that are relevant to the project. M ,1t • � ■ s • • • i • • r ti • i • • 1 � • 11 • Goal 14.1.2 (a) — Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Policy 14.1.3 (c) —Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region, and County. Policy 14.1.3 (c) — .Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Standards 14.1.3 — Zoning request 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. Goal 14.6.2 (b) - To ensure compatible uses within and adjacent to single- family residential zoned areas. Discussion: The FA-1 a 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 north and east of the subject site and the A-5a zoned properties to the south and west of the subject site. Adequate infrastructure already exists to support the proposed 3-lot subdivision and this modest increase in density will remain in keeping with the surrounding area. Further, approval of this request will allow a family to divide and allocate ownership over their estate property to different family members. C. Kona Community Development Plan The Kona Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision -makers. The KCDP designates the subject parcel as part of the Kona Urban Area (Figure 5). The proposed change of zone request is conducive to the following goals, objectives and policies outlined in the KCDP: Policy LU-1.2: Urban Area. The majority of future growth in Kona shall be directed to the Kona Urban Area shown on the Official Kona Land Use Map, which spans from the Kona International Airport to Keauhou subject to the policies set forth under Objective LUI-2 Urban Area Growth Management. CHAPTER 4 GOALS, OBJECTIVES, POLICIES &ACTIONS Figure 4-3 Concurrency Map Legend Concurrency Zone* Proposed Roads* A Status im- — Concept Kailua C — Pnorni—Y 1) ® Final E TOD F N..ghb.ftad G R.9jn.1 Center H Kona Udnan Area- R..1 Tb.. TODa' F- Emating R-d—Y Policy Layer Miles 0 0.5 1 2 Keauhou 1 inch equals 1 miles Source: County of Hawaii. The County of Hawaii Planning Department is the repository of the official map. TRANSPORTATION KONA CDP 4-25 Policy LU-1.4: Consistency with Land Use Pattern Allocation Guide (LUPAG). The current LUPAG accommodates the vision and needs for the Kona CDP area planning horizon and should be amended only for compelling reasons. Any rezoning application shall be consistent with the L UPA G. Policy L U-2.8 Development Outside Transit -Oriented Developments (TODs), but within the Kona Urban Area. Development outside the TODs, but with the Kona UA, may occur as follows: 2. b. Conventional Rezoning. Rezoning to other than TND, is subject to the following guidelines: i. Consistency with LUPAG. Refer to Policy LU-1. 3. ii. Infill. Rezonings that promote infill are encouraged. The concept of infill is to connect two or more pre-existing developments. -Infill rezonings should he conditioned to ensure connectivity to the 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 TOD area designated on Figure 4-7 Official Kona Land Use Map, that is not a TOD, TND or infill shall require an amendment to the Kona 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 within the County Urban Expansion Area. Discussion: The subject property is located within the Kona Urban Area and thus slated for growth by the KCDP. Further, the proposed Change of Zone is consistent with the property LUPAG designation of Urban Expansion. Additionally, as it is surrounded by developed properties to the north and east and land zoned for future development to the south, as such it is a good candidate for infill. Objective HSG-: Build More Units. To build more units that offer a variety of housing types, tenures, and affordability. Discussion: 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. M Policy TRAN-6.1: Official Concurrency Map. Concurrency requirements shall be determined by HCC §25-2-46 and be generally consistent with the Official Concurrency Map and be informed a TIAR when applicable. Note: while the Concurrency Map is "Official" ' the proposed road alignments that have not yet been built, are only conceptual as the topography, or possible environmental and cultural resource mitigation measures may require these alignments to be adjusted. The property is located within concurrency zone L relating to Kahului- Keauhou Parkway (Lako, Street to Kuakini Highway) and the Lako Street Extension. Based on the potential creation of two additional lots, the traffic impacts relating to the proposed rezoning are negligible. This level of traffic impact is much less than the 50 peak hour additional trips that would require a TZAR and potential mitigations for traffic impacts. D. County Zoning The County zoning of the subject property is Agriculture (A-5a) (Figure 6). The majority of the surrounding properties are zoned RS- 15, RS- 10 and RS- 7.5 with a few other properties zoned A-5a adjacent to the south and west of the subject parcel. Also, there are several FA-2a parcels approximately 1,000 feet to the east of the subject parcel that were previously rezoned from A-5a to FA-2a in accordance with Ordinance No. 99-86 on August 12, 1999, Ordinance No. 02-97 on August 28, 2002 and Ordinance No. 10-114 on December 13, 2010. 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 (FA-1a) zone would be adhered to. E. Relationship to SMA Obiectives and Policies The site is located approximately 0.8-miles from the coastline and inside the County Special Management Area (SMA). Following this request, a Special Management Area Assessment application will be submitted to further evaluate the potential impacts of this project on the SMA. The requested change of zone would allow for a farm dwelling to be constructed on each of the proposed lots. The potential for such development does not pose significant impact to the 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. 13 r • • r 1 rr I • I� l r 1 I s1 r • IP r 13 ;5 � C � w i � 00 ❑ f O 04 O _ O � s � U ul O O rlJ D i � e Wr � i AD CD T' Cy Iti uS LO u7 O cr 1 LLI lei Cs C CL � C a r T The site is not adjacent to the ocean. It sits approximately 0.80 miles from the shoreline at an elevation of approximately 390-560 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. A formal archaeological study was performed of the subject parcel by Cultural Surveys Hawaii in January of 1987 (Exhibit Q. Several archaeological sites were identified, but none of the sites were recommended for preservation. Additionally, no ground disturbance is immediately planned as a result of the proposed rezoning and the landowners will comply with any SHPD requirements at such a time when clearing and construction is proposed. Therefore, likelihood of this action having any impacts on the area's historic resources is not high. In the event any additional archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD 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 an agricultural setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, as the area of the site has a natural topography declining from mauaa to makai, any structures on the site should not visually affect any scenic views of the adjacent properties or Kuakini Highway. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located approximately 0.8 miles from the ocean with a 500+1- foot elevation. Notwithstanding the distance, the nature of the project — family agricultural — and the potential construction of only three (3) private wastewater systems are such that any potential coastal ecosystem impacts should be negligible. The proposed action will result in creating the potential for small-scale family agricultural lots in this area. This should thus provide additional opportunities for small-scale farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. The property is located outside of the tsunami evacuation zone. IR 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 Code. The subject site would be zoned FA-1a, and the requested use and design/parameters (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 Special Management Area. F. Other Permittinp- Requirements As noted earlier, other permits would still be required. First, a Special Management Area Use Permit (minor) would have to be granted and will be submitted following this application. Other permits would be of the "ministerial" variety, such as, Building Permits, etc. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is generally rectangular in shape and is accessed via two routes, a) Kuakini Highway, which is a County owned and maintained paved access road and b) Pomaikai Street, a County owned and maintained paved access road with average pavement width of 30-feet within a 50-foot right-of-way. There is currently a utility shed on the subject property of approximately 330 square -feet, built in 1950. The site is situated at the 350 to 560-foot elevation level. The property slopes roughly from east to west, with a gradual decline from the south to the north, 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 three (3) 1-acre + sized lots. The general area is primarily residential and agricultural. The surrounding area to the north and east is comprised of residentially zoned lots consisting of roughly 7,500 square feet to 15,000 square feet. Most of these lots contain a single-family dwelling. Directly west and south of the subject parcel are agriculturally zoned lots which appear to be vacant of structures. Further to the south of the subject property is a 288-acre, RS- 10 zoned parcel which has not yet been developed. Several FA-2a zoned parcels exist approximately 1,000-feet to the east of the subject parcel. The annual median rainfall for this area is approximately 30-inches. The average daily temperature ranges from a minimum of 67 degrees to 83 degrees Fahrenheit. Wind patterns are generally westerly during the day and easterly during the evenings. B. Soils and Topography According to the Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating, the site is unclassified. The soil for the subject site is of the Punaluu-lava flows complex soils with 10-20 percent slopes. The soil consists of organic material over pahoehoe lava flows. The soil is considered well drained with a high runoff class and the erosion hazard is undefined. The soil on 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 site slopes in an east to west direction, with the lower portion being at the south end. The slope appears to be between 5 to 10 percent. C. Natural Hazards 1. Drainaue The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) (Figure 7) identifies the project area as Zone "X" (areas outside of the 500-year flood). There are no identified existing drainage ways on the site. The applicant has not observed any significant runoff or erosion in the recent past on the subject site. Pursuant to County drainage 17 f BASEMAP: FIRM BASEMAP Flood Hazard Assessment Report www.hawaiinfip.org t '; S v Property Information Notes: COUNTY: HAWAII TMK NO: (3) 7-7-008:062 WATERSHED: WAIAHA PARCEL ADDRESS: ADDRESS NOT DETERMINED KAILUA KONA, HI 96740 Flood Hazard Information FIRM INDEX DATE: SEPTEMBER 29, 2017 LETTER OF MAP CHANGE(S): NONE FEMA FIRM PANEL: 1551660954F PANEL EFFECTIVE DATE: SEPTEMBER 29, 2017 THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE: NO FOR MORE INFO, VISIT: http://www.scd.hawaii.gov/ THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO FOR MORE INFO, VISIT: http://dinreng.hawaii.gov/dam/ 0 200 400 ft Disclaimer., The Hawaii Department of Land and Natural Resources (DLNR) assumes no responsibility arising from the use, accuracy, completeness, and timeliness of any information contained in this report. Viewers/Users are responsible for verifying the accuracy of the information and agree to indemnify the DLNR, its officers, and employ- ees from any liability which may arise from its use of its data or information. SPECIAL FLOOD HAZARD AREAS (SFHAS) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance flood (100- year), also know as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. SFHAs include Zone A, AE, AH, AO, V, and VE. The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance purchase applies in these zones: _ I Zone A: No BFE determined. Zone AE: BFE determined. _I Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding); BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. _Zone V: Coastal flood zone with velocity hazard (wave action); no BFE determined. Zone VE: Coastal flood zone with velocity hazard (wave action); BFE determined. _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 BFE. NON -SPECIAL FLOOD HAZARD AREA - An area in a low -to -moderate risk flood zone. No mandatory flood insurance purchase requirements apply, but coverage is available in participating communities. _Zone XS (X shaded): Areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Zone X: Areas determined to be outside the 0.2% annual chance floodplain. I OTHER FLOOD AREAS I Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance purchase apply, but coverage is available in participating commu- nities. If this map has been identified as 'PRELIMINARY, please note that it is being provided for informational purposes and is not to be used for flood insurance rating. Contact your county floodplain manager for flood zone determina- tions to be used for compliance with local floodplain management regulations. FIGURE 7 requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. 2. Volcanic, Earthquake and Tsunami 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 9 to 1. 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 Hawai'i 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 The subject site is located at 360 to 500-feet + of elevation and 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. Site vegetation consists primarily of haole koa (Leucaena leucocephala), guinea grass (Megathyrsus maximus), fountain grass (Pennisetum setaceum), Cook pine (Araucaria columnaris). 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, but unlikely to find the Island -wide ranging Hawaiian Hawk (I'o), Hawaiian Owl (Pueo), and the Hawaiian Hoary Bat on site since there is no high -quality habitat on the subject parcel. 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 and mongoose are also common. These are all common and not endangered. As such, it is unlikely that the proposed use of the subject property would cause any adverse faunal impacts especially since no further land clearing is planned at this time. Proper timing of any future clearing will mitigate for any potential impacts to sensitive native fauna. M E. Historic/Cultural/Archaeological Resources A formal archaeological study was performed on the subject parcel by Cultural Surveys Hawaii in January of 1987 (Exhibit Q. Several archaeological sites were identified, including a burial plot in which the landowners' descendants are interred. None of the sites were recommended for preservation. Additionally, no ground disturbance is immediately planned as a result of the proposed rezoning and the landowners will comply with any SHPD requirements at such a time when clearing and construction is proposed. Therefore, likelihood of this action having any impacts on the area's historic resources is not high. In the event any additional archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 KaAina 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 to the shoreline. The subject parcel is approximately 0.8-miles from the nearest coastline. 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 in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiian 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. 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. K11 G. Water and Coastal Resources The subject site is located approximately 0.8-miles from the coastline and sits at approximately 360 to 500-feet elevation. As such, coastal impacts resulting from the 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 drywell 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 The existing ambient traffic level in this area should not be significantly impacted with the addition of 2 parcels. Traffic noise from Kuakini Highway adjacent to the property will remain the dominant source of traffic noise. As such, the corresponding noise level should remain the same. There may, however, be short-term noise and air quality impacts associated with the eventual construction of farm dwellings. 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 qualily impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there may be an impact to the ambient air quality, the impact should not be significant. 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 Natural Beauty element of the General Plan, 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 action affect any of the scenic resources outlined in the a General Plan and views from Kuakini Highway and neighboring properties will not change significantly from their present state. lrll _11114M I MM 3 WR 119IZ4117,M] 113 AM M [911161 � A. Surrounding Land Uses The land use in this area is generally suburban in nature with single-family dwellings, transitioning to a more rural / agricultural setting. Neighboring parcels directly to the north are approximately 15,000 square -feet and to the east are roughly 10,000 square -feet. Parcels to the south and west of the subject property are generally 10-acres or more. Given the existing and zoned conditions, the proposed rezoning, resulting in the potential to build three farm dwellings would not be incongruous with the existing residential/agricultural nature of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make two additional parcels available and would increase the possibility for the property's use in small scale agricultural pursuits. The project could also create some short-term economic benefits during construction of any site renovations. This will create construction jobs and purchases from local suppliers. As noted earlier, the proposed action will provide additional opportunities for small-scale fanning. In so doing, 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. Agricultural Impacts The site has a LUPAG designation of Urban Expansion and has not had any recent intensive agricultural activities. The soil quality and size of the subject parcel make it unsuited to most intensive commercial agriculture. However, these factors should not preclude use of the proposed parcels for small scale family agricultural pursuits planned by the applicant. Further, the requested FA -I a zoning would be consistent with the existing nearby land uses. W EVEMMI-11 MM I Access to the project would be from Pomaika'i Street. Pomaika'i Street is a County owned and maintained roadway with a right-of-way of 50-feet and pavement width of approximately 30-feet. Secondary access to the property would be from Kuakini Highway approximately 0.25-miles from its intersection with Kamehameha III Road A Traffic Impact Analysis has not been performed for the planned subdivision. For the number of proposed units, much less than 50 peak hour trips are anticipated. It appears that no access improvements would be required for the proposed use. B. Water Consultation with the Department of Water Supply confirmed that there is currently water service at the subject property provided by one 5/8" meter. Additional county water service is available to the subject property and can provide adequate flow for the proposed use and for fire suppression purposes (Exhibit B) C. Wastewater Any future dwellings will be served by individual wastewater systems approved by the Department of Health. D. Solid Waste Solid waste will be handled by the lot owners and disposed of at transfer stations. With the requested FA-1a 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 a part of 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 3 to 5 miles of the subject site. In addition, there are recreation facilities in the general area as well. 23 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 are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short -Term Uses of Environment and Maintenance and Enhancement of Long -Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue in its current condition. The applicant would not have an opportunity to increase the much -needed housing stock in Kona by creating two additional parcels and farm dwellings. Additionally, the matter of how to best distribute the property among family members would remain unresolved thus making it difficult for any of the landowners to effectively manage the property. From a long-term productivity standpoint, the proposed additional lots could provide a heightened level of possibility and result in the land being used for more valuable and productive purposes. B. Irreversible and Irretrievable Commitment of Resources A formal archaeological study was performed on the subject parcel by Cultural Surveys Hawaii in January of 1987 (Exhibit Q. Several archaeological sites were identified, including a burial plot in which the landowners' descendants are interred. None of the sites were recommended for preservation. Additionally, no ground disturbance is immediately planned as a result of the proposed rezoning. 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. However, an archaeological monitoring plan can be prepared and implemented in conjunction with any future land clearing activity if needed. In the event any additional archaeological features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. 0 The site has a State Land Use designation of Urban and thus the soil on the parcel is unclassified by the Land Study Bureau. Additionally, the soil of the site is classified as "E" or very poor by the Land Study Bureau and not conducive to intensive commercial agriculture. C. Mitigative Measures The applicant intends to make improvements, if required, generally consistent with the subdivision process. Also, if there is any construction activity, contractors will be obligated to comply with appropriate State noise and air quality standards. An archaeological monitoring plan can be prepared and implemented in conjunction with any future land clearing activity if needed. 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 is no existing drainage way on the property. Any and all required grading or grubbing work would be done in accordance with applicable regulations. 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 quo alternative, the site could continue in its' present unused state, overgrown by invasive weeds. The landowners would also not be able to reasonably develop the property to its highest and best use as an ongoing probate dispute would likely remain unresolved. Further, failure to rezone and subdivide the subject property would be in direct opposition to an existing court mandated stipulated order 2. Alternative Density Under this alternative, the applicant could seek a denser zoning, such RS-10 or RS-IS zoning. These zoning designations would arguably be consistent with some of the surrounding zoning. However, subdivision infrastructure costs make those options unfeasible for the W owners at this time. Additionally, such a zoning would require a State Land Use Boundary Amendment. A lower density FA-2a zoning could also be sought. However, such zoning would only permit the lot to be subdivided into two (2) lots. Given that the existing infrastructure is more than adequate to support three (3) lots, this zoning would not be ideal and would do less to relieve the current housing crisis. Additionally, this would contrast the existing court Stipulated Order to subdivide the property into three (3) lots, prolonging the current probate issue. 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. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested FA-1a alternative. A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawai'i. It provides direction for balanced growth in the County. The LUPAG map designates the site Medium -Density Urban. This designation allows the requested FA -la zoning without a General Plan amendment. B. General Plan Polices The requested zoning would 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 in the subdivision and later construction of farm dwellings. Further the project is likely to increase the land's value, increasing property taxes. In so doing, the resultant project should add revenues to the County and State coffers. RW 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 quality, 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 transmission, air pollution associated with the project should be negligible. All wastewater would be handled by Department of Health approved Individual Wastewater Systems. This 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 initial construction. The project site is outside the boundaries of a flood way. No significant changes in the surface runoff generated by this development are anticipated. A formal archaeological study was performed of the subject parcel by Cultural Surveys Hawaii in January of 1987 (Exhibit Q. Several archaeological sites were identified, but none of the sites were recommended for preservation. Additionally, no ground disturbance is immediately planned as a result of the proposed rezoning and thus the project does not anticipate any adverse impact to any historic sites. 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 and/or County have been received. While sightings of the Hawaiian Hawk (to) and Hawaiian short -eared owl (Pueo) would be possible, 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 marginally help fulfil the objectives of the housing element by creating two (2) additional lots, including the potential for construction of a farm dwelling on each. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the 27 project — with the protective conditions — will be used in a manner where it blends with the existing terrain. As the project site is approximately 0.8 miles from the ocean and has an elevation of 360 to 500 +/- 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. The Department of Water Supply water line exists to the site and additional water is available. Vehicular access to the site is fully improved to applicable standards and the site is accessible by emergency vehicles. Schools and other public facilities are also located proximate to the site, most of them being less than 5 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) • 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. Discussion In view of the foregoing goals and policies, it is noted that the requested zoning would be generally compatible with the surrounding area. As Kona and its surrounding area continues to grow, there will be a need for more family agriculture zoned lands. This request also reflects this demand. The subject project, in addition to attempting to meet this need, also fulfills Mfl other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure — a Department of Water Supply 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 "E" or very poor by the Land Study Bureau and not conducive to intensive commercial agriculture. Rezoning of the property would create more potential for small scale family subsistence agriculture. The property has no severe topographic or geologic problems that would render the land unusable for the proposed use. The prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. C. Kona Community Development Plan The subject property is located within the Kona Urban Area. It is surrounded by developed properties to the north and east and land zoned for future development to the south and is thus a good candidate for infill. The property is located within concurrency zone L, which may require concurrent construction of, or developing a financing plan which could include a cost - sharing contribution regarding Kahului-Keauhou Parkway (Lako Street to Kuakini Highway) and the Lako Street Extension. D. Zoning and Subdivision The designated zoning of the site is A-5a. Should the FA-1a 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. State Land Use Ap-ricultural Standards The State Land Use Designation is Agricultural. The requested rezoning to FA-1a should not be contrary to the State Land Use Agricultural Standards. 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. ►7 In addition, the request will help fulfil the need for additional housing options and help generate additional property tax revenue for the County during a time of an impending budget crisis. Lastly, the requested density is consistent with the surrounding area and properties. The alternative of leaving the land in its present zoning would not be a reasonable option and would limit its highest and best use. While other zonings of a residential and/or agricultural nature could be achieved, the requested FA-1a zoning is the most sensible. ME CADES SCHUTTE LLP PHILIP J. LEAS 1467-0 W. KEONI SHULTZ 7467-0 Cades Schutte Building 1000 Bishop Street, Suite 1200 Honolulu, HI 96813-4212 Telephone: (808) 521-9200 Fax: (808) 521-9210 Email: wshultz@cades.com Attorneys for Plaintiff JEANNIE AVERILL CLEMENT IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII JEANNIE AVERILL CLEMENT, Plaintiff, M IRIS J. FALCAM; LEO A. FALCAM SR.; LEO A. FALCAM JR.; TAMARA-JEAN FALCAM; IVA-STARR CAIN; KELLIE U. MUNETAKE, F.K.A. KELLIE U. MERSBERG; YOLANDA K. KAHALEWAI; DEPARTMENT OF TAXATION, STATE OF HAWAII; their respective heirs or assigns; DOE DEFENDANTS 1-10; and ALL WHOM IT MAY CONCERN, Defendants. Electronically Filed THIRD CIRCUIT 3CCV-20-0000325 28-DEC-2021 09:53 AM Dkt. 122 ORD CIVIL NO. 3CCV-20-0000325 (Other Civil Action: Quiet Title / Partition) STIPULATED ORDER ADOPTING COMMISSIONER'S REPORT # 1, FILED OCTOBER 4, 2021, AND DIRECTING PARTITION IN KIND OF PROPERTY PURSUANT TO PROPOSED PLAN FOR THREE LOT SUBDIVISION; EXHIBIT "A" 6214114A EXHIBIT A STIPULATED ORDER ADOPTING COMMISSIONER'S REPORT # 1, - FILED OCTOBER 4, 2021, AND DIRECTING PARTITION IN KIND OF PROPERTY PURSUANT TO PROPOSED PLAN FOR THREE LOT SUBDIVISION IT IS HEREBY STIPULATED, between Plaintiff JEANNIE AVERILL CLEMENT ("Plaintiff'), Defendants IVA-STARR CAIN, LEO A. FALCAM, JR., and TAMARA-JEAN FALCAM (collectively, "Defendants Falcam"), Defendant KELLIE U. MUNETAKE, F.K.A. KELLIE U. MERSBERG ("Defendant Munetake"), Defendant YOLANDA K. KAHALEWAI ("Defendant Kahalewai"), and Defendant DEPARTMENT OF TAXATION, STATE OF HAWAII ("Defendant Dept. of Tax") by and through their undersigned attorneys, and approved by Commissioner Shawn Maile Nakoa, Esq. (the "Commissioner"), that Plaintiff's Motion for Partial Summary Judgment Determining Title and Appointing Commissioner, filed April 13, 2021 (the "Motion"), shall be GRANTED as follows, and the Commissioner's L Report # 1 filed October 4, 2021 ("Commissioner's Report # 1 "), shall be APPROVED, and the subject property situate at Kapalaalaea 2nd, District of North Kona, Island, County and State of Hawaii, being PORTION OF LOT 4, containing an area of 5.290 acres, more or less, all as identified by Tax Map Key No. (3) 7-7-008-062 (the "Parcel"), is to be partitioned in kind by subdivision as follows: FINDINGS OF FACT Based on this Court's Order Granting in Part Plaintiffs Motion for Partial Summary Judgment Determining Title and Appointing Commissioner, filed July 6, 2021 (the "July 6, 2021 Order"), Commissioner's Report #1, and the record and files herein, the parties stipulate and the Court finds -as follows: 2 6214114.0 1. The Property is 5.290 acres; more or less. 2. Pursuant to this Court's "Order Granting In Part Plaintiff's Motion for Partial Summary Judgment Determining Title and Appointing Commissioner, filed on July 6, 2021 [Dkt. 801, title to the Property is vested in fee simple as tenants in common in: Plaintiff as to an undivided 1/2 interest; Defendant IVA- STARR CAIN as to an undivided 1 / 12 interest; Defendant LEO A. FALCAM, JR. as to an undivided 1 / 12 interest; Defendant TAMARA-JEAN FALCAM as to an undivided 1 / 12 interest; Defendant KELLIE U. MUNETAKE, F.K.A. KELLIE U. MERSBERG as to an undivided 1/8 interest; and - Defendant YOLANDA K. KAHALEWAI as to an undivided 1/8 interest. 3. Plaintiff has requested that this Court order the subdivision of the Property into three parcels and Plaintiff has stated her willingness and capability to advance the costs of the subdivision. 4. By its July 6, 2021 Order, the Court appointed Commissioner Shawn Maile Nakoa, Esq. to investigate the feasibility of partitioning the Property into three parcels and to make a written report to the Court concerning the feasibility of said subdivision proposed by Plaintiff. 5. By her Commissioner's Report #1,, filed October 4, 2021, the Commissioner found a subdivision of the Property into three parcels of 2.0210 acre, 1.0105 acre and 1.0105 acre, with roughly 1.25 acres set aside for an easement, feasible. 3 6214114.0 6. The Commissioner recommended a subdivision of the Property into three parcels as set forth in Exhibit "B" of the Commissioner's Report # 1. Exhibit "B" of the Commissioner's Report # 1 is attached hereto as Exhibit "A". 7. Defendants Munetake and Kahalewai had respective entries of default entered against them in this matter on March 31, 2021. Defendant Munetake had her default set aside by Stipulation filed October 21, 2021, and she filed an Answer on October 26, 2021. Defendant Kahalewai had her default set aside by Stipulation filed October 27, 2021, and she filed an Answer on October 28, 2021. 8. Per representations from their respective counsel, Plaintiff, Defendants Falcam, Defendant Munetake and Defendant Kahalewai agree that the Property be. subdivided into three parcels as set forth in Exhibit "A" attached, and that Plaintiff will receive the 2.0210 acre parcel subdivided from the far Mauka/East side of the Property (hereinafter "Parcel 1"); Defendants Falcam will receive in equal shares the 1.0105 acre parcel subdivided from the far Makai/ South of the Property (hereinafter "Parcel 3" ); and the middle 1.0105 acre parcel subdivided from the Property (hereinafter "Parcel 2") will be allocated to the interests in the Property held by Defendants Munetake and Kahalewai in equal shares. If any of the foregoing findings would more properly be classified as a conclusion of law, it shall be treated as a conclusion of law. 4 6214114.0 CONCLUSIONS OF LAW 1. The Property can be legally partitioned into three separate parcels as set forth by the map in Exhibit "A" attached. 2. Haw. Rev. Stat. § 668-1 provides in pertinent part: When two or more persons hold or are in possession of real property ... 1 as tenants in common... any one or more of such persons may bring an action. .. for a partition of the property, according to the respective rights of the parties interested therein . .. The several circuit courts shall have power, in any action for partition, to proceed according to the usual practice of courts of equity in cases of partition, and according to this chapter in enlargement thereof. Haw. Rev. Stat. § 668-1 (emphasis added). 3. Haw. Rev. Stat. § 668-7 provides in pertinent part: The court shall have power... (5) To set apart any particular portion or portions of land to any particular - party or parties who by prior occupation or improvement or otherwise may be equitably entitled thereto, and make any proper adjustment or equalization thereof by the sale of other portions and the application of the proceeds for such purpose, or as a condition of any such particular allotment to require payment by the parties of any value of the portion set apart to them in excess of their proportionate interest in the value of the whole property; (6) To divide and allot portions of the premises to some or all of the parties and order a sale of the remainder, or to sell the whole, where for any reason partition in kind would be impracticable in whole or in part or be greatly 5 6214114A prejudicial to the parties interested, and by judgment or judgments to invest the purchaser or purchasers with title to any property sold, and "use the proceeds to equalize the general partition; Haw. Rev. Stat. § 668-7. 4. Chapter 668, Haw. Rev. Stat., specifically supports Plaintiff's request that this Court order the subdivision of the Property into three separate parcels as set forth in Exhibit "B" of the Commissioner's Report # 1 (Exhibit "A" attached) 5. It is established by Hawaii case law that partition in kind is favored over partition by sale. See Chuck v. Gomes, 56 Haw. 171, 179, 532 P.2d 657, 662 (1975) (stating that the general rule is: "As between a partition in kind or sale of land for division, the courts will favor a partition in kind, since this does not disturb the existing form of inheritance or compel a person to sell his property against his will, which, it has been said, should not be done except in cases of imperious necessity.") (internal citations omitted); Campbell v. DePonte, 57 Haw. 510, 514, 559 P.2d 739, 742 (1977) ("There is no doubt that the 'usual practice of courts of equity', to which HRS § 668-1 refers, includes the partition in kind of the common property, where that is practicable, and favors a partition in kind over partition by sale."). 6. While the Property would qualify as Heirs Property under Chapter 668A, Haw. Rev. Stat., the preference in a partition action is to partition the Property in kind and not by sale. 6 6214114A 7. Given: a) Plaintiff's request is to partition in kind; b) that there is no evidence the proposed three -lot subdivision would be prejudicial under the factors listed in Haw. Rev. Stat. § 668A-10, and; c) no party cotenant has asked for a partition by sale of the Property, this matter may procced under Haw. Rev. Stat. § 668A-9 and a partition in kind of the Property is appropriate. 8. Given the parties long-standing connection to the Property and their desire to retain interests in the Property, it is just and equitable to order that the Property be subdivided and partitioned in kind into three lots. If any of the foregoing findings would more properly be classified as a finding of fact, it shall be treated as a finding of fact. ORDER 1. To implement the foregoing, the parties stipulate and the Court HEREBY ORDERS, ADJUDGES AND DECREES as follows: 2. The Property is owned by various parties as stated above in undivided interests, which interests are best partitioned to the owners in kind, as mandated by. Chapter 668 of the Hawaii Revised Statutes; and, it is just and equitable, in the interest of all parties, and in the interest of justice, that the Property be subdivided into three parcels along the lines set forth in Exhibit "A" attached, so that at least some if not all of the Property can continue to be owned by the present owners. 3. Shawn Maile Nakoa, Esq., shall continue to serve as Commissioner _. of this Court. 6214114.0 4. The Commissioner's Report is adopted by the Court. Unless otherwise agreed to by the parties in writing, the Property will be subdivided into three parcels substantially consistent with the recommendations made by the Commissioner and as set forth in Exhibit "A" attached. 5. The subdivision costs for the Property will be advanced by Plaintiff, subject to ultimate allocation by the Court consistent with the parties' fractional interests, pursuant to Haw. Rev. Stat. § 668-17, whereupon the costs and fees incurred by the parties in this matter will be determined by further motion -before this Court. Reimbursement for the costs advanced by Plaintiff to pursue the subdivision shall be secured by the Property. 6. The Commissioner is hereby authorized and vested with all powers necessary to perform the subdivision of the Property and is directed to perform the subdivision of the Property pursuant to the directions set forth by this Order and consistent with the recommendations made in the Commissioner's Report # 1 with the dividing boundary between the three parcels being consistent with the map at Exhibit "A" attached (the exact boundary line to be set by the Commissioner) . 7. The County of Hawaii Planning Department, Department of Public Works and all other relevant governmental agencies are encouraged to facilitate the Commissioner's efforts to subdivide the Property in the manner set forth in this, Order. 8 6214114.v3 8. Upon completion of the three -lot subdivision, with approvals being granted by all relevant governmental agencies, the Commissioner is directed to proceed as follows: A. The Commissioner shall perform an accounting of the partition, and make a recommendation by written report to the Court as to the respective party cotenants' proper pro rata share of: (i) payment of the Commissioner's outstanding fees and costs, (ii) Plaintiff's costs associated with obtaining the subdivision as advanced by Plaintiff, awardable under HRS § 668-17, and (iii) any other amounts owed by or to any of the parties as deemed just and equitable by the Commissioner. B. Upon completion of the three -lot subdivision, the parties shall have the right to file a Motion seeking an award of owelty against each other to address any inequities in value as to the award of their respective resultant lot therein. C. The respective parties shall have the right to file a motion for attorneys' fees and other legal costs against each other pursuant to H.R.S § 668- 71. D. A hearing on the Commissioner's report, confirmation of the three - lot subdivision, and any accompanying motion by any other party, shall then be held by the Court. E. Upon confirmation of the final accounting and pursuant to further order of the Court, the Commissioner shall: (1) confirm all funds are transferred or paid to the correct parties -as further directed by the Court; (2) distribute funds to the respective persons; (3) convey Parcel 1 to Plaintiff; (4) convey Parcel 2 to 9 6214114.v3 Defendants Munetake and Kahalewai, in equal shares, as tenants in common; and (5) convey Parcel 3 to Defendants Falcam, in equal shares-, as tenants in common. - The parties' claims for reimbursement of subdivision expenses, attorneys' fees and costs, equalization and other amounts to be decided in connection with the partition of the Property, the claims of the Defendant Dept. of Tax as to the interests of Defendants Munetake and Kahalewai, and any necessary final accounting and approval of the Commissioner's then pending recommendations, remain for later determination by this Court. IT IS SO STIPULATED and ORDERED. DATED: Honolulu, Hawaii, December 17, 2021. CADES' SCHUTTE LLP /s/ W. Keoni Shultz PHILIP J. LEAS W. KEONI SHULTZ Attorneys for Plaintiff JEANNIE AVERILL CLEMENT DATED: Honolulu, Hawaii, December 17, 2021. NATIVE HAWAIIAN LEGAL CORPORATION /s/ David Kaula Kopper - DAVID KAUILA KOPPER DAYLIN-ROSE H. HEATHER Attorneys for Defendants IVA-STARR CAIN, LEO A. FALCAM, JR., and TAMARA-JEAN FALCAM 10 6214114A DATED: Honolulu, Hawaii, December 17, 2021. DEPARTMENT OF THE ATTORNEY GENERAL, STATE OF HAWAII / s /Janine Ruth Udui GARY S. SUGANUMA JANINE RUTH UDUI Attorneys for Defendant DEPARTMENT OF TAXATION, STATE OF HAWAII DATED: Kaneohe, Hawaii, December 17, 2021. / s / Andrew B. Sprenger ANDREW B. SPRENGER Attorney for Defendants KELLIE U. MUNETAKE F.K.A. KELLIE U. MERSBERG and YOLANDA K. KAHALEWAI DATED: Kailua-Kona, Hawaii, December 17, 2021. RUSH MOORE LLP / s / Shawn Maile Nakoa SHAWN MAILE NAKOA Partition Commissioner ,021 JUDGE OF THE ABOVE - STIPULATED ORDER ADOPTING COMMISSIONER'S REPORT # 1, FILED OCTOBER 4, 2021, AND DIRECTING PARTITION IN KIND OF PROPERTY PURSUANT TO PROPOSED PLAN FOR THREE LOT SUBDIVISION; EXHIBIT "A"; JEANNIE AVERILL CLEMENT v. IRIS J. FALCAM, et al.; Civ. No. 3CCV-20- 0000325; Third Circuit Court 11 6214114.0 EXHIBIT "A" ... .. .... . . . . ... ............. ........ . ........ . .... .. 15. .4fJL�7J7�7' Icy 14- J, -A- OW Nqe QVl AR DEPARTMENT OF WATIER SUPPLY COUNTY OF HAWAVI .3 4 5 KEKCIANAO'A STREET, SUITE 20 HILL, HAWAPI 96720 TELEPHONE (808) 961-6050 - FAX (8C8) 961-8657 Tamara J. "Tami" Gouveia Sun & Sea Realty, Inc. 77-6547 Naniloa Street Kailua-Kona, HI 96740 s is in response to your email received on SepTe5!5ee_r_3_U7- n with our engineering staff. for your information, the current water availability conditions in the area, which are subject to change without notice, allow for up to a maximum of 50 units of water per pre-existing lot of record. A pre- existing lot of record is considered a lot that existed prior to the implementation of the Subdivision Code in 1967, Each unit of water is equal to an average daily usage of 400 gallons and suitable for only one (1) single-family dwelling. According to our research, the subject parcel was created from a prior 2-lot subdivision that took place in 1969, which created the subject parcel and the land area now encumbered by Tax Map Key 7-7-008:105 and 113 (Parcel 113 was created from a subsequent 2-lot subdivision of Parcel 105 in 1987), 'Pali Parcel 105, prior to being subdioo oh vided in 1987, btained a water ctment thrugparticil on in the Kealakckua Source Agreement for a total of 85 units of water. '11irough the 1987 subdivision of Parcel 105, one (1) unit of water was assigned to the lot that is now Parcel 113 and the balance of 84 units of water remained with Parcel 105. - 111 WaTer c 1W=1rMT=f 74 LUCK is no additional water available for that parcel. The 50 units that would be available to the oni *inal pre- 9 existing lot of record are therefore, available to Parcels 62 and 113 (not 50 units for each parcel). Until a water commitment is effected, through the filing of a proper land use application and payment of the required water commitment deposit, the Department can only confirm that a total of 50 units of water are available to Parcels 62 and 113. Parcel 62. currently has one (1) unit of water. depending on the water situation. 'PV aterour ,%foAitPre-ciatisResource .. Ka Wai EXHIBIT B -Tarnara J. "'Nau" Gotwela page 2 October 7, 2010 Should there be any questiots, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, le, N i o D� Pavao' P.E. 9 r FM:dfg 14-6 Z� -7 2-; 1 13 ARCIIAEOLOGTCAJ� Si 11,V'-,Y, I - C. AND EXCAVATTON JF A 32--AC...iF, I.-Vil"C'Ell I � 0 �,T TTAIV T KAPALVALAEA, A.� I m Hallett 11. !f,"miniatt, Pli.1). r)ouglas Bc.,,J-thwick, B.A. David Shideler, M.A. ad W CJ4C c"t WCA ms EXHIBIT C ARCHAEOLOGICAL SURVEY, TESTING, AND EXCAVATION OF A 32-ACRE PARCEL KAPALA'ALAEA, KONA, HAjtiAII by Hallett H. Hammatt, Ph.D. Douglas Borthwick, B.A. David Shideler, M.A. Prepared for FIRST INVESTORS CORP. LTD. by CULTURAL SURVEYS HAWAII January 1987 ABSTRACT A total of 51 archaeological sites were located and docu- mented in survey, testing and selective excavation on a 32-acre parcel in Kapala'alaea, Kona. Many of these sites are agri- cultural features typical of the Kona Field System. Land was selectively developed for dryland planting depending on slope, soil mantle, and lava flow age. Small scattered occupation sites yielded small quantities of volcanic glass and midden debris. Spacially integrated multi -feature occupation complexes were tested and excavated at the 350-foot elevation. These in- clude enclosures, platforms, animal pens, terraces and caves. In terms of midden concentrations and variation in separate com- ponents, specialized functions for some of these features are suggested. A habitation terrace contained a particularly heavy concentration of midden (Site 19A). Compared to the previously studied Ginter parcel to the north, agricultural development is less intensive but there is more clustering of occupation features. Radiocarbon dates range from 1400 A.D. onwards with the earliest date from a shelter cave. Two probable burial platforms were not tested or excavated. These should be preserved intact or fully excavated to relocate human remains. i ACKNOWLEDGMENTS Field work for this project was ably performed by the authors, Mr. Steve Clark, Ms. Kirstie Nakamura, Mr. Freddie Nakamura, and Mr. Jared Hammatt. Laboratory work including cataloging was completed by Ms. Kirstie Nakamura who also prepared the artifact drawings. Drafting of figures was done by Mr. Steve Clark and typing by Mrs. Charlotte Walker - the Tropical Typist. Mr. Gerald Park and Mr. Gregg Kashiwa were extremely helpful and supportive through all phases of the project in- cluding active participation in the field work. Mrs. Mary Green took a special interest in the land and the archaeologi- cal work and provided information on previous use and ownership. Generous and valuable help was provided by Imata and Associates of Hilo, by Mr. Clyde Matsunaga and Mr. Pray Moke and crew who located and mapped all major sites with transit. ii TABLE OF CONTENTS ABSTRACT..................................................... ACKNOWLEDGMENTS .............................................. LIST OF FIGURES .............................................. LIST OF TABLES ............................................... GLOSSARY..................................................... I. INTRODUCTION ....................................... II. SCOPE OF WORK ...................................... III. NATURAL AND CULTURAL SETTING ....................... IV. PREVIOUS ARCHAEOLOGICAL RESEARCH ................... V. SITE DESCRIPTIONS AND EXCAVATION RESULTS ........... VI. ARTIFACT ANALYSIS .................................. VII. MIDDEN ANALYSIS .................................... VIII. DATING ANALYSIS .................................... IX. SUMMARY OF RESULTS ................................. X. SIGNIFICANCE AND RECOMMENDATIONS ................... XI. REFERENCES CITED ................................... XII. APPENDIX - MASTER ARTIFACT CATALOG - CATALOG OF CHARCOAL AND SOIL SAMPLES COLLECTED 0 iil v vi 1 2 7 13 14 88 93 101 103 115 116 LIST OF FIGURES FIGURE 1. State of Hawaii ............................. 3 FIGURE 2. General Location Map, Hawaii Island ......... 3 FIGURE 3. Project Area Showing Site Locations ......... 4 FIGURE 4. State Survey Map, Registration Number 1280, Circa 18805 J. S. Emerson ................... 12 FIGURE 5. Site 12, Cave, Plan View and Cross-section... 20 FIGURE 6. Site 15, Enclosure, Plan View and Cross-section ............................... 24 FIGURE 7. Site 16, Platform, Plan View and Cross-section ............................... 26 FIGURE 8. Sites 18, 19, Complexes, Plan View .......... 30 FIGURE 9. Site 18 Feature A, Cave, Plan View and Cross-section ............................... 31 FIGURE 10. Site 18 Feature A, Cave, Showing Entrance View to East ................................ 32 FIGURE 11. Site 18 Feature A, Cave, Showing Excavation Profile with Ash Deposit, View to East ...... 32 FIGURE 12. Site 19 Feature A, Habitation Terrace Showing Makai Terrace Wall .................. 40 FIGURE 13. Site 19 Feature A, Trench 1, Showing iSouth Profile ............................... I 40 FIGURE 13.1Site 19 Feature A, Trench 3, South Profile... 43 FIGURE 14. Site 20 Feature A, Burial Platform with Bubble, Plan View and Cross-section.......... 48 FIGURE 15. Site 20 Feature A, Burial Platform, View to South ............................... 49 FIGURE 16. Site 20 Feature A, After Excavation Showing Bubble Opening ...................... 49 FIGURE 17. Sites 22 and 23, Agricultural Complex, Plan View........................................ 52 FIGURE 18. Site 37 Complex with Sites 8 and 9, Plan View 63 FIGURE 19. Site 37 Feature C, Trenches lA-1D, South Profile ............................... 65 FIGURE 20. Site 46 Features A and B Platforms, Plan View and Cross-section ................. 80 FIGURE 21. Site 46 Feature A, 2-level Platform, View to North ............................... 81 FIGURE 22. Site 46 Feature B, Platform, View to South .. 81 FIGURE 22.1 Site 48, Modified Outcrop with Bubble, Plan View and Cross-section ................. 84 FIGURE 23. Basalt and Coral Artifacts .................. 90 FIGURE 24. Basalt Artifact ............................. 91 iv LIST OF TABLES TABLE 1 Artifact Categories by Sites and Features ..... 89 TABLE 2 Midden Fractions by Weights (grams) for All Sites and Selected Features ............... 94 TABLE 3 Concentration Indices of Midden for Sites and Selected Features ......................... 97 TABLE 4 Comparative Analysis of Midden from Selected Sites in Hawaii ...................... 98 TABLE 5 Summary List of ArchaeologicalSites ........... 104 TABLE 6 Master Artifact Catalog ................... Appendix TABLE 7 Catalog of Charcoal and Soil Samples....... Appendix v GLOSSARY ahu ............ a stone pile aeolian ........ caused by the wind A -horizon ...... a mineral layer characterized by an accumulation of organic matter forming at the ground surface ahupua'a ....... a Hawaiian land division extending from the up- lands to the sea ali'i .......... chief, chiefess, king, nobility archaeological the discreet remains of a past activity preserved feature ........ in the ground as a post mold, a filled pit, a house floor or living surface artifact ....... any object made by man, especially with a view to subsequent use 'auwai ......... ditch for irrigation calcareous ..... containing calcium carbonate core ........... a piece of lithic raw material with scars show- ing the detachment of flakes debitage ....... the lithic residue of stone flaking flake .......... any piece of stone removed from a larger mass by the application of force hale mua ......., men's house, for eating and male communal activity hammerstone .... a stone used for percussion, flaking, beating or driving heiau .......... pre -Christian place of worship historic (post -contact).. in Hawaii, the period after the landing of Captain Cook in 1778 in situ ........ the place of original deposition kauhale ........ group of houses comprising a Hawaiian home kuaiwi ......... low -mounded field boundary wall vi kula ........... dryland fields makai .......... towards the sea mauka .......... towards the uplands midden ......... faunal and floral remains from archaeological deposits, usually food remains pedogenic ...... related to soil and soil -forming processes prehistoric .... dating to before European contact -- in Hawaii pre-1778 profile ........ the side view of a trench quantitative chronology ..... a time chronology based on a measurable scale such as radiocarbon dating or volcanic hydra- tion rates stratigraphic boundary ....... the contact between two distinct strata stratum ........ a visually distinguished layer of sediment volcanic glass.. a structureless cooled liquid which occurs naturally in lava flows vii I. INTRODUCTION This report contains the results of survey, testing, and selective excavation of archaeological sites within 32 acres makai of Kuakini Highway in Kapala'alaea, Kona. The basic information on each site including drawings and photographic is contained in Section V. A summary list of all archaeological sites is presented as Table 5 in the SUMMARY section. Separate sections deal specifically with midden, artifact and dating analysis. The Midden Artifact Catalog is included as an appendix. All site and feature locations are shown on Figure 3 in Section II. For planning purposes the final two sections are most useful ( IX and X) . 1 II. SCOPE OF WORK The present project, Figs. 1-3, involved intensive survey, subsurface testing, and selective excavation of archaeological sites within a 32-acre parcel in the ahupua'a of Kapala'alaea, Kona, Hawaii (TMK 7-7-8:105,62). This parcel is bounded on the mauka (east) side by the Kuakini Highway and extends makai approximately 2,200 feet to an unmarked west boundary. The north boundary is marked by a stone cattle wall adjoining the "Ginter" property (see Hammatt and Clark 1980). The south boundary, also marked by a cattle wall, is the Kapala'alaea- Kahalu'u ahupua'a boundary. The property is approximately 600 feet wide. This study area was subjected to an archaeological recon- naissance in 1985 in which 49 sites and additional features were approximately located and briefly described. A thorough survey and subsurface investigations were recommended with particular reference to two habitation complexes, Sites 18 and 37 (Hammatt et al. 1985) . In general, the scope of work of the present project was determined by the results of the 1985 archaeological reconnais- sance. However, there was constant re-evaluation of which specific sites to test and excavate during the intensive survey. The present scope of work is summarized as follows: 1. A complete intensive survey of the project area was made including full recording of previously located sites and coverage of the property for additional sites. The site descriptions contained within this report are refined and expanded from the reconnais- sance report, with the addition of several new sites and features. The original functional interpretations 2 KAUA' I P NI'IHAU � �Ci�C/C O'A H U MOLOKA' I Off. Aq C/F/ � M A U I C LANA'I O N KAHO'OLAWE 0C16 H AWA I' I ti MILES 0 50 100 KILOMETERS 0 50 100 Keahole Kailua FIGURE 1 State of Hawai'i P,q CIF Up 11 I 7A�ana Keah— >96 ft. Hilo <<` Mauna Loa \ Q�Ar 13,677 ft. AN A ^ \IIf A ^n i n 4 MILES 0 10 20 30 Ka Lae FIGURE 2 General Location Map, Hawai'i Island Kumukahi STUDY AREA 3 8 �z of some sites were re-evaluated upon clearing of vegetation, more thorough description and subsurface testing. Finally, major sites were located with a transit survey generously pro- vided by Imata and Associates of Hilo. Documen- tation of sites included verbal description, interpretation of function, recording of surface material, scale drawings and photographs. All occupation and burial features were mapped to scale with selective detailed mapping of the most developed agricultural complexes. 2. Archaeological Testing - A total of 23 separate features were tested. The selection of sites and features for subsurface testing was made on the basis of their potential for containing occupation debris, human burials, and/or stratigraphic infor- mation for reconstructing the chronology of pre- historic land use. In general, all features which, on the basis of construction, size, shape and presence of soil deposit, were suspected to be occupation or burial sites were tested. All the main features of the two main habitation complexes (Sites 18 and 37) were tested along with small cave sites (Sites 12, 37G) and burial features (Site 20A). Test pits were also excavated in selected agricul- tural terraces to obtain stratigraphic information and soil samples. 3. Expanded Excavations - Many sites were determined during testing to contain little or no occupation debris or other archaeological materials. However, expanded excavations were conducted at separate features. These included the cave and two platforms at Site 18 complex, Site 37C and Site 9 platforms, a burial platform (20A) and a terrace site - 19A. 5 The majority of artifactual and midden materials were recovered from these sites which form the basis for interpreting occupation patterns and specialized use. In addition, three out of the total of four charcoal samples were collected from these exca- vated sites. As can be seen on Fig. 3, the most intensively developed occupation sites form a cluster of associated features at approximately 350 feet elevation and includes Sites 19, 18, 37 and 9. The only unanticipated result of these expanded excava- tions was the large quantity and variety of cultural material, especially midden recovered from terrace Site 19A. 4. Other tasks in the scope of this project included laboratory analysis of artifactual and midden materi- als with estimates of concentration indices for excavated features to evaluate specialized differences in site use. In addition, four charcoal samples were submitted for C14 dating analysis. Important recent historical information on use and ownership of the property was obtained from discussions with Mary Green. 0 III. NATURAL AND CULTURAL SETTING Natural Setting The western border of the project area is situated 3,000 feet from the coast on the lower slopes of the western flank of Mt. Hualalai. The elevation ranges from about 195 feet above mean sea level to about 570 feet about mean sea level. The basal rock consists of pahoehoe lava derived from the presently dormant Hualalai volcano. The lavas generally date prior to 12,000 years ago. The drainage networks are undeveloped and consist of linear topographic depressions which carry water only during flooding. The poorly developed surface drainage networks could also be attributed to the subsurface aquifer potential of superimposed lava flows. Fine -textured sediments of volcanic origin overlie the uppermost lava flow and reach a thickness of over ten feet in topographic depressions. Much of this sediment may be ultimately derived from ash falls which have been reworked by wind, alluvial and slope wash processes since their original deposition in the Pleistocene. Within the project area, fine -textured sediments (silt loams primarily) fill collapsed lava tubes, lava bubbles, and shallow gulches. These sediments mantle the landscape in all areas except bedrock bluffs, overcrops, and steep rocky slopes. The climate is generally mild with annual rainfall ranging from 30 to 40 inches. The rainfall is fairly consistent through- out the year. This pattern is -a significant consideration when evaluating the area in terms of its suitability for traditional Hawaiian agriculture. Vegetation in the project area consists primarily of exotic species of trees, bushes and grasses. These include kiawe (Prosopis pallida), koa haole (Leucaena glauca), �opiuma (Pithecellobium dulce), klu (Acacia farnesiana), lantana (Lantana camara), Christmas berry (Schinus terebinthefolius), California grass (Brachiaria mutica), guinea grass (Panicum h maximum), a succulent (Talinum), and air plant (Bryphyllum pinnatum). A few native plant species were observed including 'ilima (Sida fallax), 'uhaloa (titialteria indica), and a native morning glory. Generally the terrain consists of densely vegetated, rocky pahoehoe land with steep (in the upper section) to gentle (in the lower section) sloping landscape. It is often interrupted by low lava outcrops which range in height from 2 to 10 feet above the surrounding terrain. The more gently sloping lower section has also been more heavily grazed by cattle and in general has less soil and vegetation compared to the upper section. Cultural Setting Historical accounts and Hawaiian tradition consistently refer to the Kona District as the residence of chiefs and the center of political consolidations in late prehistoric and early historic times ('I'i, 1963, Kamakau 1961). The focus of activity stretched from Kailua to Keauhou and to a varying extent included all the ahupua'a in between. This documentation is archaeologi- cally expressed in the large number of major heiau located in this area including Kauakaiakaola at Puapua'a Point, 'Ohi'a-mukumuku and Kama-i-ke'e-ku in Kahulu'u ahupua'a, Keiki-pu'ipu'i in Kailua, and many others. Hawaiian tradition and literature associates many great Hawaiian chiefs with the Kona District including 'Ehu-nui-kai-malino, 'Umi-a-liloa, Alapa'i nui, Ka-lani'opu'u, and Kamehameha I. Kamehameha I gained the rule of Kona through battle after the death of Kalani-'opu'u. He and his heirs visited Kona frequently. Kamehameha I is reported to have spent his early years fishing in Kailua and all along the Kona coast. This chief died in Kamakahonu in Kailua (Kamakau 1961). most of the major heiau and residence sites were concentrated along the Kona coast (Ellis 1963) with habitation present but less E:3 dense in inland areas. Clearly the mauka slopes were variably utilized for agriculture and formed the basis for regional subsistence. The particular conditions of rich volcanic soil, favorable climate, and consistent rainfall and relatively low evaporation/precipitation ratio (compared to many other lee- ward environments) made the lava slopes behind the coast prime kula land. Although the intensity of horticulture certainly increased progressively at higher elevations due to more ade- quate rainfall, particularly above 1,000 feet, sweet potatoes, breadfruit, sugar cane, wauke (paper mulberry), and taro may have also been planted here. Handy and Handy (1972:525) describe the use of warm Kona lowlands as a place to plant taro cuttings for initial fast growing. After a time they were then trans- ported and replanted in the rich, deeper soils of the uplands where they developed large corms. According to most historic land use descriptions, intensive taro cultivation took place in the wetter upland regions, but some varieties of taro were also cultivated in the lowlands where soil and topographical condi- tions were favorable. The project area probably favored the full range of traditionally dryland cultigens considering its soil and local climate. The project area lies entirely within the ahupua'a of Kapala'alaea n2, in the kula subzone of the Kona Field System. Ahupua'a refers to the basic unit of social,economic and politi- cal life during traditional Hawaiian times. "Ideally an ahupua'a land section stretched in a wedge from its apex at a - mountain top to its base in the sea, thereby including within its boundaries all environments necessary for a self-sustaining community. Again ideally, the inhabitants of an ahupua'a were related by blood and through children, and could claim some degree of relationship to the chiefly family to whom the ahupua'a had originally been assigned." (Barrere 1970:3) The kula subzone, one of four, refers to agricultural and related features which correlate to environmental factors. The Al subzones (Schilt 1984:6) from the kula (coastal zone sea level to ca. 500 feet) are Kaluulu (seaward slope 500-1,000 feet), 'Apa'a (upland slope 1,000-2,500 feet), and 'Ama'u (upland jungle 2,500-4,000 feet). The Kona Field System (10-37-6601) refers to a very large complex of agricultural and related features which has been declared eligible for inclusion in the National Register of Historic Places. Through recent intensive archaeological studies and syn- thesizing of other archaeological work, Rose Schilt has put forth a general historical outline for the kula zone of the Kona Field System (Schilt 1984:284). SUMMARY OF THE CHRONOLOGICAL/CULTURAL PHASES IN THE PROJECT AREA Phases General Characteristics of Kula Subzone I. Pioneer Settlement Very limited, sporadic use of lowland slopes c. A.D. 1050-1400 and cave shelters just above the Kailua Bay area. Probably contemporaneous with pioneer settlements along the coast makai of the ROW. Development of one or more of the mauka sub - zones of the Kona Field System may have commenced in the latter portion of this phase. II. Garden Developments Initial use of the kula subzone for small gar- c. A.D. 1400-1600/1650 dens and of the caves for temporary shelter. Erosional deposition, resulting from develop- ment of the upland subzones, began to bury an old ground surface and gradually created deepening soil deposits on kula lands. III. Refuge, Habitation, and Extensive development of at least the mauka Intensive/Extensive portion of the kula subzone, for sweet potatoes, Gardening wauke, and probably also gourds. This develop- c. A.D. 1600/1650-1779 ment was accompanied rarely by permanent habita- tion and more often by temporary and seasonal habitations, among kula gardens. Animal enclo- sures, probably for pigs, may date to this phase The upland subzones were under complete develop- ment by this time. Suitable caves were modified 1.0 for refuge during times of warfar/social conflict. Caves located in the midst of garden features were used intensively for temporary shelter and working spaces. IV. Historic Habitation The cultivation of kula lands gradually and Gardening decreased in extent and intensity, neverthe- c. A.D. 1779-1850 less remaining important to a decreasing populat ion . Permanent habitations on the kula during this phase occurred primarily makai of the Great Wall of Kuakini (D8-31). In 1848, Hawaiians were claiming an unde- termined portion of kula lands, but none of these kola claims were honored by the Board of Land Commissioners (Kelly 1983). Some kula lands were being converted to grazing beginning in the 1840's. V. Historic Ranching Land -use shifted completely to grazing, c. A.D. 1850-bbdern following the awards of kula lands to chiefs, Times missionaries, and others (Kelly 1983). Iso- lated permanent habitations on upland slopes of the kola were oriented to ranching. Today ranching is not as extensive as it once was. Kailua in recent years has been rapidly developing as a tourist and urban hub for leeward Hawai'i Island. Land Court Awards and Land Ownership The circa, 1880's map of the ahupua'a of this section of the coast shows the makai section of Kapala'alaea granted to Kaaipulu (Fig. 4). Through personal communication with Mary Green, it was learned that through another owner, a total of 12,000 acres comprising the entire ahupua'a of Kapala'alaea was passed to H. K. Nohale Ho'olana. It was inherited by Charles K. Nohale and Jenny Keahukai Nohale. Through time portions of the original large parcel were sold with the present 32-acre parcel remaining in the Green family until it passed to the present owners. 11 1-tin 1 Flo PllP,A' f��llY � 5:1��� P u A � L �• A' i ,'h� I u i1AL0A mal`' xamao7�. ���.�` �.• � 3p G'1 4Y7?73 es' L p A'` L o P L Ll A ;orU� A U _— Li vc 9 Pa��NL.0 A f j ' rani /5B3 -1 -L G-.0n� Kopr/e�hea Pf t �� t (` C -'ig. '! State `urvey man, 3eQistration "'umber 12E0, circa la' Os, J.S.-'merson.( the dark line is the lower e� �e of the rcrest�. 12 IV. PREVIOUS ARCHAEOLOGICAL RESEARCH Early archaeological surveys dealing at least in part with the Kailua, Kona area include Stokes 1906, Reinecke 1931, Keka- huna mid-1950's and Emory 1970. Since the late 1960's there have been numerous small surveys and excavation projects along the Kona coast from Kealakekua Bay to Kailua town. The major exceptions to this are projects like Ali'i Drive Realignment (Citing et al. 1973, Hommand and Rosendahl 1983), "Ginter" par- cel (Hammatt and Clark 1980), Keauhou Kona Resort Complex (Hammatt et al. 1981) and the Kuakini Highway Realignment (Schilt 1984: Han et al. 1986). These projects were generally larger in scope and included research in a number of ahupua'a for the specific project. Of special importance is the Kuakini realignment in which a multidisciplinary approach was undertaken as well as a synthesis of past archaeological studies. The only known archaeological research specific to this project parcel, prior to this one, was the reconnaissance survey conducted by Cultural Surveys in November 1985. Adjacent prop- erties to the north and south were investigated by Archaeological Research Center Hawaii. The property to the south as part of the Keauhou Resort Complex was surveyed in 1980 for Kamehameha Investment Corp. (Hammatt, Folk, Ida 1981). The property to the north was studied with survey, testing and salvage excavations and is known as the "Ginter" parcel (Hammatt and Clark 1980). Archaeological investigations makai or west of the project area include the Ali'i Drive Realignment (Ching et al. 1973) and in makai La'aloa (Soehren 1978; Hammatt et al. 1985A). 13 V. SITE DESCRIPTIONS AND EXCAVATION RESULTS Each of the 51 archaeological sites found in the project area is described below in consecutive order of site numbers. Only some of the sites were selected for subsurface testing and expanded excavations. The results and discussion of these are included following the description of each site. Separate analysis of artifactual and midden materials is presented in later sections. Site 1 Description This is a cinder block walled enclosure,adjacent to the Green residence, which measures 18 x 24 feet. The walled enclosure forms the Green family burial plot in which three individuals are interred. Site 2 Description This is a series of agricultural terraces makai of the Green residence. It consists of boulder -faced terraces, perpen- dicular to the slope. These terraces retain level rocky plant- ing areas and average two feet in height. There are two larger terrace walls which extend from the north property boundary wall 200 feet to the south and include historic trash which could be evidence of use during World War II. Site 3 Description This is an agricultural complex consisting of short terraces and mounds. The main feature is a level terraced area 20 x 20 feet that has a rough cobble and pebble paving and a 4-foot makai retaining wall. No midden or artifactual material was observed on the surface. Low rock mounds and short rough terraces occur in the surrounding rocky sloping terrain. Site 4 Description This is a large area of agricultural features including mounds, terraces, and enclosed soil pockets. This complex ex- tends within a radius of 100 feet or more of the north property boundary wall. This complex encompasses both steeply sloping and gently sloping terrain. The terraces are on the slope section with the mounds and enclosed soil pockets at the base of the slope section in the more level terrain. These types of agricultural features continue downslope (makai) and are further described in Site 5. Site 5 Description Site 5 is an agricultural complex that encompasses a relatively steep, rocky slope and an area of gentle slope con- taining modified outcrops and soil areas. The steep rocky slope has been minimally modified, in a few places, with short crude piled boulder terraces. At the base of this slope, where it levels out, are linear and oval mounds surrounded by relatively rock -free soil areas. The largest soil area is approximately 60 feet in diameter and is bounded on the mauka (east) side by the rocky slope and on the makai (west) side by mounds. The largest mound is actually a modified outcrop which measures roughly 25 feet in diameter with a maximum height of 2.5 feet. Modifications to the outcrop include piling of boulders along the northwest side and boulders and cobbles piled on the surface between the bedrock blocks. One of the more formal mounds (#5A) was roughly oval in shape, measured 6 feet N/S by 10 feet E/W and has a maximum height of 5 feet with all sides roughly faced. This mound/plat- form was dismantled to bedrock, as its relatively formal appearance suggested the possibility of being a burial feature. No cultural material was observed, with the excavation revealing bedrock under two to three small boulders for the most part. 15 Site 6 Description Site 6 is a roughly L-shaped terrace retaining wall on the makai (west) side of a pahoehoe bedrock outcrop. The terrace wall runs 15 feet East/West by 20 feet North/South with a maxi- mum height of 4 feet. Construction is of piled boulders on bed- rock with an area of cobble/pebble paving behind (mauka) the wall on the surface of the outcrop. The relatively level paved area measures roughly 6 feet by 10 feet and is created by fill- ing in with cobbles and pebbles the cracks between bedrock blocks. A relatively rock -free and level soil area is on the makai side of the terrace retaining wall and bedrock outcrop, and this soil area is a probable planting area created by the piling of rock on the outcrop and construction of the terrace retaining wall. Site 7 Site 7 was "voided" and becomes part of Site 8 as 8A. Site 8 Description Site 8 (Fig. 18) is a roughly L-shaped terrace wall with a cobble and pebble paved upper (mauka) surface. The terrace wall is 25 feet long North/South and is constructed of stacked boulders with a maximum height of 3.5 feet. The paved area averages 6 feet wide, runs the length of the terrace wall, though it becomes boulder and cobble paved at the north end. The paved area is built on the surface of a bedrock outcrop, which extends mauka (east) and includes a rectangular enclosure. Site 8A measures 10 feet North/South by 12 feet East/West with an interior area of 5 by 6 feet. Essentially Sites 8 and 8A are part of a modified outcrop, with #8 on the makai side and #8A on the mauka side ofthe out- crop. This site is a possible habitational feature which has a good view of the coastline. No artifacts or midden were observed on the surface of this modified outcrop. 16 Site 9 Description Site 9 (Fig. 18) is a multi -level habitation terrace on the top edge of a prominent bedrock bluff. The entire site, roughly rectangular in shape, covers an area of approximately 25 feet East/West by 30 feet North/South. The makai (west) retaining wall is well faced, of stacked boulder construction, and ranges in height from 2 to 2.5 feet. Generally the site can be divided into halves, North and South. The South half consists of two well -paved (cobbles and pebbles) terrace levels. The makai pavement is 1.5 feet lower than the upper or mauka pavement. These two pavements measure roughly 12 by 15 feet and are separated by a single alignment of stacked boulders. The upper level includes a slab -covered, well-built cupboard which measures approximately 2 feet square. The North half consists of two roughly square level soil areas which are separated by exposed bedrock with some piled (loose) boulders on the top. The soil areas are about 2 feet lower than the south -side pavements. Excavation Results Three one -meter square trenches were excavated within Site 49. Trench 1 in the makai paved area, Trench 3 in the mauka paved area centered on the cupboard feature, and Trench 2 in the makai soil on the north side of the site. Trench 1 revealed a maximum of 55 cm of rock fill (terrace/ pavement structure) overlying a maximum of 45 cm of soil, though averaging 20 cm of soil. There were three stratigraphic soil units: I, II and III. Stratum I consisted of loose dark -brown (10 YR 3/3) silt loam with lots of partially decomposed organic material, mainly koa haole debris. Stratum II was loosely con- solidated very dark grayish brown pebbly silt loam which contained some charcoal flecking. Also a single fragment of cowry shell and a few fragments of kukui nut were recovered from Stratum II. Stratum III was the thin (1-2 cm) culturally sterile dark -brown (7.5 YR 3/2) silt loam subsoil directly overlying the pahoehoe bedrock. 17 Trench 2 in the makai soil area contained the same three soil stratigraphic units, but it had a maximum soil depth of 40 CMBS. Stratum II contained a single fragment of cowry shell, a few fragments of kukui nut, and a small concentration of charcoal from which a sample was collected (Charcoal Sample #1). Trench 3 excavation showed that the cupboard was constructed with a "lining" of upright slabs, which in a few places rested directly on bedrock but for the most part were set in soil. With- in the cupboard feature were the same three soil stratigraphic units. Stratum I contained exotic land snails, a rat mandible, and a few fragments of kukui nut. Stratum II had small fragments of cowry and sea urchin shells, kukui, charcoal, and a single frag- ment of weathered coral (small pebble size). Stratigraphically a single phase of construction and subse- quent use of this site is indicated. The very sparse midden con- tent and absence of artifacts suggest temporary or intermittent use of this probable habitational feature. Site 10 Description Site 10 is a roughly C-shape agricultural terrace near the base of a steep rocky slope. The terrace is constructed of piled boulders and cobbles and ranges in height from .5 to 2.5 feet. The terrace creates relatively level soil areas both mauka and makai of the structure. The makai area measures roughly 6 by 8 feet. The mauka soil area measures approximately 30 feet in diameter and extends from the base of the rocky slope to the terrace structure. Other agricultural features including mounds, terraces, linear mounds, and modified outcrops occur in the sur- rounding terrain which is a relatively gentle sloping area with more soil than the slope immediately mauka (eastward). Site 11 Description Site 11 is a minimally modified pahoehoe outcrop. Modifi- cations include some piling of boulders on the perimeter of the W., outcrop, mainly the north side. The top surface of the outcrop is essentially unmodified and is mostly exposed smooth pahoehoe. This site probably functioned similar to a rock clearance mound, where rocks from the surrounding area are piled up creating less rocky planting areas. Site 12 Description Site 12 is a large modified outcrop that includes a cave shelter. The outcrop is roughly oval in shape, covers an area of approximately 35 feet North/South by 45 feet East/West, and has a maximum height of 7 feet (from makai ground surface). Modifications to the outcrop include piling of boulders on the perimeter, especially the east side, and soil leveling of the outcrop's surface. The cave shelter (interior of this bubble- like outcrop) (Fig. 12), measures roughly 15 feet East/West by 25 feet North/South with a maximum ceiling height of 3.5 feet. The opening of the cave is 2.5 feet by 3.5 feet with a 4-foot vertical drop from the surface of the outcrop to the cave floor. There is a small tube which extends South/Southeast from the main chamber but pinches out after about 20 feet. The floor of the cave is level, fine -textured soil with lots of partially decomposed organic material, mainly koa hoale debris. There are two basalt boulder alignments within the cave, one at the entrance, the other on the south side near the cave wall. Also observed on the surface of the cave floor were two cowry shells and a few coral pebbles. Excavation Results Three test trenches were excavated within the cave shelter. Trench 1, a one -meter square trench, was excavated near the entrance adjacent to the boulder alignment. Trenches 2 and 3, both .25m x .25m excavations, were dug in the central portion of the cave. All trenches exhibited three basic stratigraphic units: Strata I, II and III. i01 Exterior alignment A Wood / 1 Tl O �� Q/( Soil Q Ni Cowrie shell % Q `� T2 Q% O Fo, Soil ^� A O V �� OD 1'ht O O\Cowrie shell _ 2'ht Q O - Roof ` column _ 2'ht 2'ht Lava tube _ - continues \y A wand Sail Fig.5. Site 12, Cave; Plan View and Cross Section. Key: ----- Cave entrance Basalt bedrock 0 5 1 1 FEET METERS 0 1 we Stratum I ranged from 5 cm to 7 cm thick and consisted of loose, dark grayish brown (10 Y 4/2)•silt loam with lots of koa haole debris. There were a few pieces of marine shell and charcoal fragments within Trench 1 but only a few char- coal fragments in Trenches 2 and 3, as midden for Stratum I. No artifacts were observed within Stratum I excavations. Stratum II ranged from 13 cm to 20 cm in thickness and consisted of slightly compact dark brown (10 YR 3/3) silt loam. Trench 1, Stratum II contained sparse midden, few pieces of marine shell, charcoal and coral, and three artifacts. The artifacts included two pieces of volcanic glass, one retouched flake.and one core, and one fragment of a coral abrader. Trenches 2 and 3 contained only dispersed charcoal flecking within Stratum II. Stratum III was a discontinuous layer,and where it did appear it was only 1 cm to 2 cm thick. Stratum III consisted of loose, dark yellowish brown silt loam (Pahala Ash) which was culturally sterile and was directly overlying the smooth pahoehoe bedrock surface. The excavations indicate that this cave shelter was probably used only lightly as a habitational feature. However, the build-up of Stratum II and the dispersed charcoal within it may indicate a more intensive use of the surrounding terrain, probably for agriculture. Site 13 Description Site 13A is a circular enclosure and adjoining C-shaped feature. The enclosure measures 15 feet in diameter with a level soil interior area of 4 feet in diameter. The surrounding wall ranges in height from 1.5 to 2.5 feet and is constructed of piled boulders. The wall has a mounded appearance except for the makai (west) exterior portion which is faced and forms the back wall (mauka) for the adjoining C-shaped feature. The C-shape has a level soil interior area of 5 feet North/South. by 6 feet East/West. 21 No midden or artifacts were observed, and the construction and location of this site suggest that it is probably an agri- cultural feature. The level soil areas could have been used as the planting spaces, possibly for sweet potato, with mulch added, and the vines allowed to creep over the mounded type walls. Site 13B, approximately 20 feet to the north of 13A, is a minimally modified outcrop. The outcrop, roughly oval in shape, measures 15 feet North/South by 30 feet East/West. Modi- fications include piling of boulders on the perimeter of the outcrop and some leveling of the bedrock surface. Leveling consists of roughly filling in cracks between the bedrock blocks with boulders, cobbles and pebbles, though the surface of the outcrop is mostly exposed bedrock. This site probably functioned as a large rock clearance mound. There are other agricultural features in the surrounding area which include cleared soil pockets, linear and oval mounds. Site 14 Description Site 14 is a well-built agricultural terrace. The terrace structure measures 25 feet North/South by 7 feet East/West with a maximum height of 2.5 feet. The terrace has a stacked boulder, nearly vertical makai (west) face with small boulder, cobble and pebble fill behind (mauka). The terrace has relatively level and rock -free soil areas both mauka and makai of the structure. The mauka soil area runs the length of the terrace and averages 6 feet wide. The makai soil area is much larger and includes small rock clearance mounds. Site 15 Description Site 15A (Fig. 6) is a rectangular enclosure with maximum exterior dimensions of 20 feet East/West by 25 feet North/South and interior dimensions of 11 feet East/West by 18 feet North/ South. The walls of the enclosure, collapsed in some places, 22 range in height from 2 to 4 feet with the intact portions being 4 feet high. The intact portions of the walls, especially the south side, exhibit bifaced stacked boulder construction and range in width from 4 feet at the base to 2 feet at the top. The interior is soil for the most part, but due to collapse there are lots of loose boulders on the soil surface. In the southeast corner of the interior, there is a 3-foot square by 1.5 foot high boulder pavement. Excavation Results A single lm x .50m trench was excavated in the south por- tion of the interior, next to the boulder pavement and abutting the south wall. The excavation revealed an average soil depth of 8 cm and a maximum depth of 12 cm. Two soil stratigraphic units were present, I and II. Stratum I, from 3 cm to 5 cm thick, was loose, dark brown (10 YR 4/3) lt. grayish brown silt loam with lots of undecomposed organic materials, mainly koa haole debris (modern O/A horizon). There were no artifacts or midden ob- served within Stratum I. Stratum II, from 4 cm to 8 cm thick, was slightly compact dark grayish brown (10 YR 3/2) silt loam. Stratum II was charcoal stained and contained charcoal flecking throughout and also some small chunks of charocal. A sample of charcoal (Sample #3) was collected from the screen. There were no artifacts or other midden observed. The excavation also revealed that the southern wall, at least in part, was con- structed directly on bedrock with only a thin soil layer of Stratum I type material at the base of the rocks as "percolated/ filtered" material. Because of the construction style (relatively high verti- cal walls), location, and absence of artifacts and midden (other than charcoal), this site probably represents an animal pen, most likely pig. The charcoal staining of Stratum II is possible evidence of clearing by burning,for agricultural purposes, of the general vicinity during pre -historic times. 23 Key: Basalt bedrock 0 5 ' FEET F METERS 0 1 Fig. 6. Site 15, Feature A, Enclosure; Plan View and Cross Section. 24 Site 15B Description Site 15B is a roughly oval mound which measures 10 feet North/South by 13 feet East/West and has a maximum height of 3 feet. It is constructed of piled boulders on bedrock and is a typical rock clearance mound. Similar features occur in the surrounding terrain, which is a relatively gentle slope with some large soil areas. Site 16 Description Site 16 is a rectangular platform built on a low bed- rock outcrop (Fig. 7). The platform measures 18 feet North/South by 22 feet East/West with a maximum height of 3.5 feet. The walls of the platform are constructed of stacked boulders, with a lower course of uprights, and are well -faced except for the central portion of the makai (west) wall which has collapsed somewhat. The surface of the platform is boulder pavement except for the central portion which is a one -foot deep soil -filled depression. The depression is a natural feature of the bedrock outcrop on which the platform is built. The depression measures 4 by 8 feet and is bounded on all sides by exposed bedrock blocks. Some 15 feet to the south of the platform are a few plants called India rubber vine (Cryptostegia grandiflora) which may have had a com- mercial value and been a purposeful planting, although it is probably just an "escapee" from ornamental plantings like the air plant. Excavation Results Three one -meter square trenches were excavated in associ- ation with this site. Trenches 1 and 2, which adjoin each other, extend from the makai (west) face towards the center of the plat- form. Trench 3 was excavated in the soil -filled depression near the south central portion of the platform. Trenches 1 and 2, a one -meter North/South by 2 meter East/ West excavation, revealed an average of 50 cm of platform fill 25 Collapsed First course is upright boulders \ 2'ht First course is upright boulders . Soil of T2 Tl .., A Key: Basalt bedrock 0 5 ' FEET METERS 0 1 Fig. 7. Site 16, Platform; Plan View and Cross Section. Polished adze flake on surface I Probable entrance 26 above 10-20 cm of soil overlying pahoehoe bedrock. The plat- form fill was mainly, angular to subangular pahoehoe boulders and cobbles. Within the platform fill were seven artifacts and a very sparse amount of marine shell midden. The artifacts consisted of four basalt hammerstones, one adz fragment, one volcanic glass flake, and one burnt shark's tooth. Two soil stratigraphic units were present, Strata I and II. Stratum I ranged from 10-20 cm thick and consisted of loose, very dark grayish brown (10 YR 3/2) silt loam, with the top 1 to 2 cm being mostly undecomposed organic litter. Stratum I contained a sparse amount of midden consisting of a few fragments of marine shell(s) and enough dispersed charcoal to recover a charcoal sample from the screen (Charcoal Sample n4, 8.5 gr). There were 55 volcanic glass flakes collected including one blade and one retouched flake. Stratum II ranged from 2 - 4 cm thick and consisted of loose dark brown (7 YR 4/3) silt loam which was culturally sterile and directly overlying the pahoehoe bedrock. Trench 3, excavated in the soil -filled depression, exhibited the same two soil stratigraphic units, I and II. Stratum I ranged from 10-20 cm thick and contained a very sparse amount of midden, but 26 pieces of volcanic glass (3 cores and 23 flakes). Stratum II was the very thin culturally sterile subsoil overlying the pahoehoe bedrock. Site 16 appears to have been only minimally used as a habi- tational feature but does contain evidence of being a work area. Some 81 pieces of volcanic glass and four hammerstones were re- covered indicating on -site flaking and use of the volcanic glass. A probable interpretation of this site is a "field hale" where no permanent or long-term habitation took place but processing of agricultural products, from the surrounding fields, would occur. The volcanic glass would be a tool used on the agricultural products during processing. This agricultural processing may have included the Indian rubber vine plant, just to the south of the platform, indicating use during early historic times as this is an intro- duced species. 27 Site 17 Description Site 17 is a modified outcrop and two associated agri- cultural mounds. The outcrop, roughly oval in shape, measures 18 feet North/South by 45 feet East/West. Modifications to this outcrop include piling of boulders along"the north side, which creates a mounded area of 8 feet North/South by 40 feet East West by 3.5 feet high, and two mounds on the makai (west) end of the outcrop. The two mounds are constructed of piled boulders on bedrock. One mound is roughly oval in shape and measures 12 by 15 feet with a maximum height of 2.5 feet. The other mound is linear, measures 20 feet long by 3.5 feet wide and has a maximum height of 2 feet. There was probably some modifica- tion on the south side of the outcrop which is presently exposed pahoehoe bedrock. However, the southern boundary of the project area, a 5-foot high cattle type wall, may have in part been con- structed of boulders "robbed" from this modified outcrop. No midden or artifacts were observed in association with this.site which probably was an agricultural feature. The out- crop was probably utilized like a large rock clearance mound to clear adjoining soil areas of loose rocks, to allow for ease in planting and harvesting. Site 18, Features A - E General Description Site 18 is a complex of habitation and agricultural features (Fig. 8) clustered around a small cave shelter. The complex is situated in a break in the gen6rally steep slope. The mauka (east) part of the complex is near the base of a steep section in the slope, with the makai (west) portion on the edge of the next slope section, which provides an excellent view of the coast. The com- plex covers an area of approximately 150 feet North/South by 180 feet East/West. The complex consists of two large adjoining rectangular enclosures, a cave shelter (18A), an oval enclosures (18B), two platforms (18C and 18D) and two adjoining terraces mm (18E and 18F). All the features are either within or attached to the two rectangular enclosures. The two rectangular enclosures form a roughly L-shaped enclosure, with the cave shelter and its modified entrance and top surface somewhat separating them. The larger or main enclosure measures 55 feet Northwest/Southeast by 95 feet Northeast/Southwest. It has generally mounded type walls, although it incorporates a few sections of upright slab core - fill type construction. The makai (west) wall also has at least five post holes, one of which has a piece of branch coral at its base. Most of the interior of this enclosure is exposed bedrock and loose boulders, with just the mauka portion having a surface of thin soil layer over bedrock. The smaller enclosure measures 40 feet Northeast/Southwest by 50 feet Southeast/ Northwest and is also bounded by mounded type walls. The inter- ior of this enclosure is a thin soil layer over pahoehoe bedrock. Feature A Description The cave shelter (18A) (Figs. 9-11) has a modified exterior entrance area of piled boulders which measures approximately 15 feet in diameter. The modification appears to be removal of rock from the immediate cave opening, then the piling of those rocks to create.a roughly level area makai of the cave opening. The area at the cave opening and extending into the cave is a level, rock -free soil surface. The interior of the cave measures 12 feet North/South by 20 feet East/West with the back or mauka area separated by a single boulder high semi -circular alignment. The ceiling height ranges from 2 to 3 feet, with the shape of the cave plano-convex in cross-section. The area delineated by the boulder alignment is 5 feet in diameter and contained a large coral abrader on the surface. Excavation Results A one -meter square trench (Tr. 1) with a .25m by .25m ex- tension was excavated within the cave shelter, just inside the 29 .......... MAI 3 2 ih OD 6) LE Lip of cave 2.5 ft. y1-00", t" Cross section at cave entrance I Key: Basalt bedrock 0 5 10 FEET METERS 0 3 Fig. 9. Site 18, Feature A, Cave; Plan View and Cross Section. 31 IK VIA, A 7 V FIG. 10. Site 18 Feature A, Cave Showing Entrance, View to East. FIG. 11. Site 18 Feature A Cave, Shooing Excavation Profile with Ash Deposit, View to East 32 dripline. A one meter by three meter trench (Tr. 2) was excavated within the rock fill of the modified entrance area. Two .50 m by .50m trenches (Tr. 3 and Tr. 4) were excavated on the modified top surface of the cave. Trench 1 revealed two stratigraphic soil layers (I and II) directly overlying the smooth pahoehoe bedrock. Stratum I, 2 to 5 cm thick, consisted of loose, very dark brown (10 YR 2/2) silt loam, which has a high percentage of organic material (koa haole debris). Stratum I contained a sparse amount of midden and no artifacts. Stratum II, 20-30 cm thick, consisted of slightly compact black silt loam, with a high percentage of rootlets. Stratum II contained a fair amount of midden con- sisting of cowry, kukui nut, small triton (C. Nicobaricum), charcoal, and small fragments of coral. Artifacts recovered included 10 volcanic glass flakes and 1 volcanic glass core. Within the southeast corner of the trench was an ash lens and because of this, an extension was excavated to collect enough charcoal for datable sample. The small fire pit yielded some 11 grams of charcoal (Sample #5), 5 pieces of volcanic glass (3 flakes and 2 cores), and a small quantity of midden. Trench 2 revealed an average of 60 cm of rock fill and 35 cm of soil overlying the pahoehoe bedrock. There was a fair amount of midden within the rock fill consisting mainly of cowry, triton, kukui nut, and pig bones, along with a scoria abrader as the only artifact. There was no distinct soil boundary under the rock fill, instead just loose cobbly/pebbly dark brown silt loam as "filtered/percolated" material with a high percentage of undecomposed organics, mainly koa haole debris, among the rocks at the base of the fill. This "soil layer" contained a moderate amount of midden similar to that collected from the rock fill and two volcanic glass flakes. Trenches 3 and 4 revealed a maximum of 30 cm of cobbles and pebbles over pahoehoe bedrock. There were a few fragments of kukui nuts, a coral pebble, and a small fragment of a cowry shell as midden observed for both trenches. 33 Feature B Description , Site 18 Feature "B" is a roughly oval enclosure which is incorporated into the northwest portion of the main enclosure's makai (west) wall. The dual enclosure has an interior of loose, scattered boulders over a level soil surface, which measures 12 feet East/West by 15 feet North/South. The walls of the enclosure are of piled boulder construction, 5 to 7 feet thick and 1 to 2.5 feet high. Incorporated into the south wall of Feature B is an odd -shaped upright boulder with a horizontally set slab just behind or mauka of it. When sitting on the flat slab the upright, which may be a "god stone," points to a prom- inent point on the coastline (Kapala'alaea Pt.?). Excavation Results Two adjoining one -meter square trenches (Tr, lA and 1B) were excavated within the interior soil area of the enclosure. The two trenches revealed two basic soil stratigraphic units, I and II. Stratum I, 2-5 cm thick, is the modern A -horizon, consisting of loose brown to dark brown (10 YR 4/3) silt loam, high in undecomposed organic material. Stratum II, 17 to 27 cm thick, consisted of loose, dark -grayish brown (10 YR 4/2) silt loam. The soil layers had a maximum depth of 32 CMBS to pahoehoe bedrock; however, the average depth was 20 cm. There was a single water -rounded cowry shell fragment and a single volcanic glass core recovered from Trench 1A, Stratum II context. There were no actual artifacts or midden from Trench 1B, but three pieces of coral (2 branch type) were recovered from a Stratum II provenance. Feature C Description Site 18, Feature C is a well-built platform attached to the northeast corner of the main enclosure. The platform, which is cobble and pebble paved, measures 12 feet East/'Vest by 18 feet North/South. The walls of the platform are of stacked boulder construction and range in height from .5 feet (mauka side) to 3.5 feet (makai side). 34 Excavation Results A one by three -meter trench (Trs. 1A, 1B and. 1C) was excavated from the makai face to the mauka alignment in the north portion of the platform. The excavation revealed that the rock fill.of the platform structure ranged from 25 to 45 cm thick and that three soil stratigraphic units, I, II and III, were also present and had a maximum thickness of 50 cm. The rock fill contained a small amount of midden (cowry and coral fragments) and no artifacts. The construction style of the platform was a base of loosely piled boulders with pro- gressively smaller rocks used towards the surface which is essentially leveled (paved) with pebbles. Stratum I consisted of loose, very dark brown (10 YR 2/2) silt loam with a high percentage of undecomposed organic materi- al (mainly koa haole debris). Stratum I had no distinct upper boundary and was present as filtered/percolated material among the rocks at the base of the platform. Stratum I contained a relatively large amount of midden (N 100 gr.), mainly marine shells with small amounts of pig and other mammal bones but no artifacts. Stratum II consisted of loose dark -grayish brown (10 YR 4/2) cobbly (50-60%) silt loam. It contained less midden, although of similar contents including pig bone, than found in Stratum I. The midden decreased in amount and size with depth into Stratum II, and there were no artifacts observed. Stratum III consisted of loose pebbly, dark -yellowish brown, culturally sterile silt loam which directly overlaid the pahoehoe bedrock. The excavation of the 18C platform suggests fairly intensive use as a habitational feature, although no artifacts were re- covered. The relatively large quantity of midden included pig and small amounts of other bone material throughout. Strati - graphically, a single phase of occupation is indicated, as the difference between Strata I and II is essentially the amount of 35 organic material with Stratum I containing lots of recent koa haole debris. In association with this feature, a .50m by .50m trench (Tr. 2, 18 C) was excavated in the soil area northwest of the platform structure (outside of 18 enclosures). It revealed a maximum of 30 cm of soil overlying the pahoehoe bedrock. A similar stratigraphic soil sequence (I, II and III) was present, although Strata I and II contained virtually no cultural mater- ial. A single cowry shell fragment and one horse tooth were recovered from a Stratum II context. This probably indicates an agricultural use of the soil area. The presence of the horse tooth is suggestive of the ease in which these loose fine-grained silt loam soils can be mixed. Feature D Description Site 18, Feature D is a well-built rectangular platform attached to the southeast corner of the main enclosure. It measures 16 feet East/West by 20 feet North and is paved with cobbles and pebbles. The walls are of stacked boulder construc- tion with the north and east sides 1 to 1.5 feet high, the west 2 feet, and the south 4.5 feet high. There is a 3-foot in diameter by 1 foot deep stone -lined depression in the east por- tion of the platform. Excavation Results A one by three -meter trench (Trs. 1A, 1B, 1C) was excavated from the southern edge in a northwest direction to the approxi- mate center of the platform. However, Trench 18D1C (the most northwesterly) had only the rocks of the platform removed. The excavation of this platform revealed construction style and a stratigraphic sequence essentially the same as that of 18C plat- form. There was an average of 55 cm of rock fill over three soil units, I, II and III, which had a maximum thickness of 65 cm. MR The rock fill consisted of larger boulders than those found in 18C but the same loosely piled or "open space" boulder base with progressively smaller rocks to the leveled (with pebbles) surface. Recovered from the rock fill were three coral abraders and one scoria abrader. Stratum I (loose, dark brown silt loam) contained a fair amount of midden (�V 80 gr.) mostly marine shells, although it did contain small fragments of bird, pig, dog, and rat bones. There were no artifacts observed. Stratum II (loose, very dark grayish brown silt loam) con- tained a large amount of midden (^_' 280 grs.) consisting mainly of marine shells but with a small amount of bone and a large quantity of kukui nuts (in Trench 18D1B, 40-50 CMBSS). Arti- facts recovered included two bird bone picks and one volcanic glass flake (also in TR1B, 40-50/50-60 CMBSS). Stratum III was the culturally sterile, dark yellowish brown subsoil (Pahala Ash) and base of excavation. Platform 18D, although similar to 18C, was generally more massively built and contained more midden (except for pig bone) and artifacts. The construction differences are probably just due to differences in the substrata, which necessitated a greater amount of piled boulders for the base of platform 18D. The dif- ferences in midden and artifactual content probably indicate slightly different functions for the two platforms. Platform 18D's artifacts suggest working of bone material with the presence of coral and scoria abraders as well as the probably finished product, bird bone picks. This, along with the volcanic glass flake, indicates not only food consumption but food processing. Also, the circular stone -lined depression on the surface of 18D could have been a hearth feature. Platform 18D may have functioned as a cooking house or hale kahumu. Feature E Description Site 18, Feature E is two adjoining terrace structures 37 attached to the southwest corner of the main enclosure. Terrace structure feature E has a�curved or semi -circular, well - faced stacked boulder retaining wall, with a maximum height of 3 feet on the makai (west) side. The terrace is open to the north side but is bounded on the south side by a low (1 foot high) mounded boulder wall that abuts the southwest corner of the large rectangular enclosure. The relatively level soil area, with some exposed pahoehoe bedrock, "retained" by the terrace structure measures 15 feet East/West by 20 feet North/ South. Another terrace structure is built off the makai (west) side of the long terrace. It is of similar construction style with a well -faced makai retaining wall (3 feet high) and a low (1 foot high) mounded south wall. The north side is delineated by a piled boulder wall and a portion of exposed bedrock, some- what enclosing this feature. The interior of Terrace F measures 12 by 12 feet and is a relatively level surface of soil and exposed bedrock. No artifacts or midden were observed in association with these two terraces. Because of this, and with most of the level surfaces of the terrace being a thin soil layer over bedrock, or exposed bedrock, no excavations were undertaken in these possibly agricultural related features. Site 19 General Description Site 19 is a complex of habitational and agricultural features located on the slope mauka (east and southeast) of Site 18 complex (Fig. 8). The main feature (19A) is a habitation terrace which also has a lava blister shelter. The other possible habitation feature is a rough terrace structure mauka (northeast) of 19A. The agricultural features include mounds, terraces, and modified outcrops. The most prominent agricultural feature (19C) is a terrace structure with adjoining mound. Feature A Description Site 19, Feature A is a habitation terrace and associated blister shelter (Figs. 12, 13). The entire feature is roughly rectangular in shape and measures 30 feet North/South by 45 feet East/West. The terrace is "retained" by stacked boulder walls on the south, southwest, and northwest sides. The northeast portion is open with the east side marked by a 2-foot high (i.e., above terrace surface) stacked boulder wall. The south and northwest retaining walls are 2 feet high with the makai (Southwest) retaining wall 4 to 5 feet high. The makai retain- ing wall has a boulder and cobble pavement, 10 feet wide (Southwest/Northeast) on its top surface. Behind or mauka (Northeast) of the pavement the terrace has a relatively level soil surface except in the area of the lava blister. The lava blister is in the north central portion of the terrace and covers an area of 15 feet Southeast/Northwest by 17 feet Southwest/North- east. The blister has an interior area of 5 feet Southeast/ Northwest by 10 feet Southwest/Northeast and a maximum ceiling height of 3 feet. The floor of the blister has a relatively level soil surface on which some cowry shell fragments and basalt pebbles (ili'ili) were visible. The entrance to the blister, approximately 3 feet in diameter, has been modified with piled boulders and cobbles which fill in cracks between uplifted bed- rock blocks. Excavation Results There were five trenches excavated in association with this site. Trench 1 (lm x 3m) was excavated wtihin the makai retaining wall, from the down slope face to the mauka edge of the boulder and cobble pavement. Trench 2 (lm x .50m) was excavated within the blister shelter. Trench 3 (lm x lm) was excavated in the level soil area in the mauka portion of the terrace. Trench 4 (.50m x .50m) was excavated in the level soil area of the terrace just to the south of the blister shelter. Trench 5 was excavated in a soil area adjacent (south) to the site. 39 1-19 If-,, vs MAI hi Mil, 5747 MO. }����AA1t�r�_!iF`A� _�"� •_z:. _�,� ;« *7=�. e�'i 1''�"»_ i 7l.A Y N IVA ti ON 4h 41A gt 4 AL An — MO Rol oll -dw ol Trench 1 (Fig. 13) was subdivided into one -meter squares, 1A, 1B, and 1C. with Trench lA the makai-most excavation. The excavation proceeded with removal of the rock fill from Trenches lA - 1C, to the underlying soil layers. There were no artifacts recovered, but a fair amount of midden was collected from the rock fill. The midden (59.2 grs.) consisted mainly of large pieces of cowry (Cypraea sp.) and 'opihi (Cellana sp.) shells with a small amount of sea urchin (wana) fragments. The rock fill ranged from 110 cm (makai face) to 60 cm in Trench 1A, from 60 cm to 25 cm in Trench 1B, and 25 cm to 10 cm in Trench 1C. Underlying the rock fill were three soil stratigraphic units, I, II and III. Stratum I (A -horizon) consisted of a filtered matrix of loose, very dark brown (10 YR 2/2) silt loam, with a high percentage of undecomposed or partially decomposed organic materials (mainly koa haole debris). Stratum I ranged from 4 to 10 cm thick and contained a relatively large amount of midden (148.3 grs.) consisting entirely of marine related midden. Artifacts from Stratum I included 5 volcanic glass flakes, one of which is retouched, one volcanic glass core, and one coral abrader. Stratum II ranged from 15 cm to 70 cm thick and consisted of a filtered matrix of loose pebbly (50-60/0) dark gray (10 YR 4/1) silt loam. Stratum II contained a very large quantity of midden (1,575.1 grs.) mostly marine related, especially sea urchin (wana) and cowry. There were smaller amounts of fish bone and scales, 'opihi, and conus. However, there also pig, bird, and rat bones as well as kukui nuts as"terrestrial midden. Artifacts recovered from Stratum II included 24 volcanic glass flakes, three of which were blades, 3 volcanic glass flakes, 2 basalt flakes and 1 urchin file. Also three charcoal samples (#'s 7, 8, 9) were collected from a Stratum II provenance. Stratum III was a discontinuous layer occurring in depressions in the underlying pahoehoe bedrock. It consisted of culturally sterile dark -yellowish brown silt loam (Pahala Ash). �'61 Trench 2, within the blister shelter, revealed the same three soil stratigraphic units, I, II and III. Stratum I (5 to 7 cm thick) contained a small amount of midden (5.2 grs.) and no artifacts. Stratum II (10-13 cm thick) was more compact than Stratum II from Trench 1, but still only slightly compact. It contained a fair amount of midden (45.8 grs.) consisting mainly of cowry and sea urchin (wana) with very small amounts of pig and rat bones and kukui nut. Artifacts from Stratum II included five volcanic glass flakes. Stratum III, again, was a discontinuous layer, occurring as a "veneer" in the mauka (east) portion of the trench, with Stratum II overlying bedrock in the makai (west) part of the trench. Trench 3 (Fig. 13.1), excavated in the level soil area of the terrace mauka of the blister revealed a similar soil strati - graphic sequence of Strata I, II and III. However, Stratum II was subdivided in post -excavation profiling into Layers IIA and IIB. Stratum I ranged from 5 to 7 cm thick and was the typical modern A -horizon of loose, dark brown to dark grayish silt loam with a high percentage of organic material mainly koa haole debris. It contained a sparse amount of midden (cowry shell fragments) with a few coral pebbles but no artifacts. Stratum II (divided into IIA and IIB) ranged from 25 to 30 cm thick and contained a relatively large amount of midden (138.2 grs.) and four volcanic glass flakes. The midden consisted mainly of marine related remains, mostly sea urchin (wana) and cowry shells, with a very small amount of terrestrial midden (rat bones and kukui nut). Also collected was a single human tooth (incisor) which came from the lower provenance of Stratum II (IIB). The major differences between Strata IIA and IIB were the color and percentage of rockiness. Stratum IIA (10 to 16 cm thick) consisted of loose, black (10 YR 2/1) silt loam with a weak crumb structure and contained concentrated charcoal and ash deposits with charcoal flecking throughout. The boundary between IIA and IIB was wavy and gradual (6.5 cm to 12.5 cm). Stratum IIB (14 to 20 cm 42 CMS. Below Surface Key: Stratum I Very dark grayish brown silt loam; A horizon. Stratum IIA Black silt loam with charcoal staining; contains cultural materials. Stratum IIB Dark gray silt loam with ashy soil near base of layer; contains cultural materials. Stratum III Dark yellowish brown silt loam; culturally sterile. Charcoal staining. jr f Ashy soil. White ash deposit. ................. Basalt bedrock I@] 50 J CMS. Fig. 131 Site 19, Feature A; Trench 3, South Profile. 43 thick) consisted of loose, dark gray to dark grayish brown (10 YR 4/1710 YR 4/2) silt loam with a weak crumb structure and 30-40% subangular pebbles and cobbles. Stratum IIB is general- ly more "ashy" with a light gray (10 YR 6/1) ash deposit at the base of IIB at the boundary with the underlying pahoehoe bed- rock. Stratum III again was a discontinuous layer occurring as a "veneer" in the shallow depressions of the uneven bedrock surface. Stratum III is the culturally sterile Pahala Ash material of dark yellowish brown (10 YR 4/4) silt loam. Trench 4 (.50m x .50m) revealed the same basic strati - graphic sequence as the soil layers of Trenches 1, 2 and 3, although it did not have the IIA and IIB division observed in Trench 3. Stratum I was 3 to 6 cm thick and contained very sparse midden and no artifacts. Stratum II, 10 to 15 cm thick, contained a fair amount of marine -related midden, coral, char- coal, and a single volcanic glass flake. Stratum III, the sterile subsoil of Pahala Ash, occurred only in the western portion of the trench. Trench 5 (.50m x .50m) was excavated in a soil pocket in the rough boulder -faced terrace to the south of the main 19A terrace. It revealed the same basic stratigraphic sequence (Strata I, II and III). Stratum I (5 to 7 cm thick) contained a sparse amount of midden and no artifacts. Stratum II (14 to 18 cm thick) contained a fair amount (37.0 grs.) of marine - related midden and no artifacts. Although Stratum II was similar to Stratum II from the -main terrace, it did not contain a very high percentage of charcoal flecking and in general was not as "ashy." Stratum III, the sterile subsoil (C-horizon) of Pahala Ash was thicker (2-5 cm) within this trench than on the main terrace and was a continuous layer over the pahoehoe bed- rock. The excavations indicate a long-term and intensive occupa- tion of this site. This is evidenced by the very large amount of midden, the continuousness of the cultural layer (Str. II) over the entire site including an adjacent less formal .terrace and the thickness of the cultural layer, 70 cm in Trench 1B. Although there is no conclusive evidence of multi -phase occupa- tion, there are some indications of it. Trench 3, Stratum II contained a gradual though discernible (in the profiles) sub- division of Stratum II (IIA and IIB). Also, during excavation of Trench 1 (A-C) it appeared that there was a slight pre- dominance of fish bone in lower provenances with definitely more pig bone in the upper provenances. However, this sequence of a more marine -oriented midden in the lower provenances may just be due to the filtration dynamics through the rock fill of the terrace structure. In that sense the recovery of midden and artifacts followed a typical pattern for rock fill constructed structures. That is, larger pieces of midden and artifacts are "trapped" in the upper levels including the rock fill, with progressively -smaller pieces filtering down to the lower levels. In any case, this site definitely represents long-term use and may, in fact, be an example of the early use of a cave/blister shelter as progressive expansion and formalization of occupation or habitational surface features. (Hammatt and Clark, 1980:12-14) (Schilt 1984 :284) . Feature B Description Site 19B (Fig. 8) is a roughly rectangular two -level terrace structure. It measures 20 feet East/West by 25 feet North/South. The lower level which forms the west portion of the terrace is 6 feet wide and has 2-foot high stacked boulder retaining walls on the south, west and north sides. This level is roughly paved with boulders and cobbles. The upper level has stacked boulder retaining walls on the south (3 feet high), west (2 feet high), and north (1.5 feet high) sides with the east delineated by a single -boulder high (.5 to 1 foot high) alignment. The surface of this level is mainly boulder and cobble paved with the mauka (east) section cobble and pebble paved. 45 There were no artifacts or midden observed in association with this site. The construction style of this site is more indicative of it's being agricultural related than a habita- tional site. It is generally constructed of loosely piled boulders behind low stacked boulder retaining walls, with rough (uneven) boulder paved surfaces for the most part. This site possibly functioned as a "formal clearing mound or foundation for working and/or storage shed" or "used for open air drying of cooked sweet potatoes." (Hammatt and Clark 1980) (Schilt 1984:28). Feature C Occupation Site 19C (Fig. 8) is an L-shaped terrace wall with a rectangular mound on the north side. The short leg of the terrace (20 feet) is oriented generally North/South with the long leg (35 feet) oriented East/West and the mound being at the intersection of the two legs. The terrace walls are con- structed of piled boulders with heights ranging from 2 to 3 feet. The long leg has a more mounded appearance and terminates at the mauka (east) end at an exposed bedrock ledge. The mound measures 12 feet North/South by 16 feet East/Vest and has a maximum height of 4 feet. The mound is also constructed of piled boulders with sloping sides except for the North side which is somewhat faced. There were no artifacts or midden observed in association with this site. This site is probably an agricultural feature with some of the same possible functions as Site 19B. Other agricultural features occur down slope from this terrace and include mounds, terraces, and modified outcrops. Site 20A Description Site 20A (Figs. 14-16) is a well-built roughly square (14 foot by 14,foot) platform. It is faced on all sides with a maximum height of 4 feet on the makai (west) side and 2 feet of the mauka (west) side. The platform has a level surface of , cobble and pebble paving for the mauka portion and boulder and cobble paving for the makai portion. The walls are constructed of stacked boulders with a lower course of up- right slabs. Although there were no artifacts, midden or coral observed, the formality of construction suggested the presence of a human burial or burials. Excavation Results Excavation began with removal of the rocks from a 1.5m East/West by 4m North/South Trench (Tr. 1) through the central portion of the platform structure (Fig. 16). Trench 1 revealed an average of 50 cm of rock fill overlying loose silt loam soil. There were no artifacts or midden observed within the rock fill. The profiles exposed indicated a difference in construction style for the east and west portions of the platform. The east side is characterized by having a pebble and cobble paving but an "open" boulder fill below. The west side has a cobble and boulder paving but incorporates cobbles and pebbles into the boulder fill below, making it a more compact or tighter type of fill. Trench lA (1.5m x 1.5m) was excavated into the soil layers, below the rock fill, in the center of Trench 1 (i.e., center of platform). Trench lA revealed three basic soil stratigraphic units, I, II and III. Stratum I, 3 to 5 cm thick, consisted of loose, very dark brown (10 YR 2/2) silt loam with a high per- centage of organic material (koa haole debris). Stratum II, 20 to 25 cm thick, consisted of loose, very dark brown (10 YR 2/2) silt loam with 20 to 30 percent angular cobbles and pebbles. Stratum III, 2 to 10 cm thick, consisted of loose dark brown (7.5 YR 3/2) cobbly (400) culturally sterile silt loam. These soil layers directly overlaid bedrock except in the central west portion of the trench, where Stratum II rested upon two boulder slabs. The presence of the slabs,along with filtration of Stratum II material between the slabs, indicated the existence of a hollow space, most probably a small cave. 47 West Profile, Trench 1B Showing Entrance to Bubble. 0 I Unexcavated I Unexcavated III - ;' � ��\ \ III Entrance sealed \ i with boulders t� O T2 Disarticulated human skeletal remains in soil, _A 5'ht Key: Level cobble/pebble pavement Trench 1 area through platform rocks 0 4 FEET METERS 0 1 Stratum I Very dark brown silt loam. Stratum II Very dark brown cobbly silt loam; contains sparse cultural materials and human bone. Stratum III Dark brown cobbly silt loam; culturally sterile. .I Basalt bedrock. Fig.14. Site 20, Feature A, Burial Platform With Bubble, Plan View and Cross Section. 48 NJ' tq ;P"t �: -f� ,..f '{Y`.. it r.I •.} �� H �Qr• i •':% .s. �! sl C f It {� r` °•' -�` � ` � �K�2�,.�. f' y��. �� 101- ew� NO -XA Trench 1B (lm x 1.5m) was excavated to the west of Trench lA to check for the probable burial cave. After removal of the rock fill (50 cm to 75 cm thick) and excavation of the same stratigraphic soil units (I and II), more slabs (capstones) were uncovered. The removal of the capstones revealed a 55 cm by 35 cm opening into a small (2.5m square) cave. Under a thin layer ( 2-5 cm thick) of Stratum I material was a slightly compact layer of very dark brown (10 YR 2/2) pebbly silt loam which contained the disarticulated, partial remains of a human skeleton. The burial pit (Tr. #2) was .80m by 1.40m in size and a maximum of 35 cm deep. The pit fill contained very sparse midden consisting of a few fragments of sea urchin (wana), a fragment of rat bone, and charcoal flecking throughout. A secondary type burial is indicated by the limited remains within this burial feature. Recovered were a humerus, a few vertebrae, two ulnae, a talus, and a few metacarpi. The burial also appeared to have been disturbed by burrowing, possibly rats and/or mongoose. Other than the sparse midden associated with the burial pit fill, there was just a single fragment of cowry shell, some char- coal, and no artifacts for all excavations within Site 20A. Site 20B Description Site 20B is a probable agricultural rock clearance mound which measures 12 feet East/West by 18 feet North/South. The mound is constructed of piled boulders on a low bedrock outcrop. There are no faced sides, with'the piled boulders and outcrop combining for a maximum height of 4 feet above the surrounding ground surface. There were no artifacts or midden observed in association with this site as bedrock was visible through the loose boulder construction of this typical rock clearance mound. 50 �2oLL 0- Z; cli 40 Site 20C Description Site 20C is a roughly oval mound with a cupboard -like feature built into the center of the mound. The mound measures 12 feet East/West by 15 feet North/South and is a maximum of 3 feet high. The cupboard measures 2 feet square by 1.5 feet deep and is stone -lined and "capped" by a large (2.5 feet square and .5 foot thick) pahoehoe slab. Excavation Results Removal of rocks from the area of the cupboard indicated a typical rock clearance mound construction of piled boulders on bedrock. However, within the cupboard was a basalt cobble scraper but no other artifacts or midden. This site probably functioned as a rock clearance mound with the added dimension of storage for agricultural related tools and/or products. Site 21 Description Site 21 is a roughly rectangular mound with an elevated/ raised mauka (east) portion. The mound measures 12 feet North/ South by 20 feet East/West with the raised portion 12 feet North/South by 5 feet East/West. Maximum height of the mound is 4.5 feet with the raised portion 2 feet higher than the rest of the generally 2.5 foot -high mound. All four sides of this mound exhibit rough piled boulder facings. This mound is constructed on a relatively steep soil and rock slope which probably accounts for its more sturdy construction style. Other agricultural mounds and terraces of similar more massive construction style continue up -slope from Site 21. Sites 22, 23 Description Sites 22 and 23 (Fig. 17) are agricultural features on a relatively steep soil and rock slope. These sites and associated features are a continuation of those mentioned in Site 21 51 description which is near the bottom of the slope. In general this slope, and associated features, occurs in the -southeast corner of the project area. The well-defined agricultural features on this slope are bounded on the south side by the boundary wall (cattle type) and on the north side by a steeper, much more rocky slope covered by air plants (Bryophyllum pinnatum). The eastern boundary is Site 24, a North/South running cattle type wall, and the western extent is marked by a reduction in slope degree. The agricultural features on this slope are characterized by boulder -faced sloping terraces and large well-built mounds. The larger terraces range from 20 to 40 feet wide. The terraces usually have relatively level soil areas on their up -slope (mauka) sides although some have level soil areas both mauka and makai. There are both linear and oval mounds and like the terraces tend to be more massive and well-built than other mounds in the project area, which are on more gentle slopes. The most impressive of these agricultural features is near the top of the slope. It is a well-built terrace structure and is the location datum for Site 23. This terrace structure, roughly rectangular in shape, measures 12 feet East/West by 25 feet North/South and has a maximum height (from the makai/down- slope side) of 6 feet. It is well faced on the south, west and north sides with the east (mauka) side nearly level to the ground surface. Two water -rounded cobbles were found on the boulder surface of this terrace, although no other artifacts, midden, or coral were observed. It appears that the agricultural features (Sites 22 and 23) on this slope were more massive and well built in comparison to other similar agricultural features in the project area. This was due to the steepness of the slope and the easily available raw materials for construction, mainly pahoehoe boulders. Also the fact that even though the slope is steep there is quite a bit of soil development. This is in direct contrast to the slope area 53 immediately to the north, which is characterized by having very little soil development and essentially is a steep boulder/rubble slope covered in air plant. This boulder slope is probably a younger pahoehoe flow and hence has less soil development. The approximate boundary between the younger boulder/rubble slope and the soil/rock slope with agricultural feature appears on the overall map (Fig. 3). Site 24 Description Site 24 is a North/South oriented wall which extends from the southern boundary wall to the northern boundary, continu- ously, except for a 25-foot gap for the residential driveway. The wall is bifaced, constructed of stacked boulders, and ranges in height and width from 3 to 5 feet. The wall appears to be a typical cattle type wall and is probably historic. Site 25 Description Site 25 is a continuation of the agricultural complex described as Sites 22 and 23, although this portion of the com- plex is on a portion of the slope which is not as steep. The main component of Site 25 is a well-built terrace that measures 8 feet East/West by 16 feet North/South and has a stacked boulder makai facing with a maximum height of 3 feet. The top surface of the terrace is cobble and pebble paved and is level to the upslope ground surface. This is a soil -filled area. No midden or artifacts were observed in association with this agricultural terrace. Extending makai (west) from the northwest corner of the terrace is a low mounded type wall. This wall extends makai to where it is cut by Wall #24 and becomes untrace- able on the makai side of Wall #24. There are other agricultural features in the area including mounds and smaller, less formal terracing. The agricultural features associated with Site 25 are generally smaller than those in Sites 22 and 23,`probably because the slope is less steep and construction does not need to be as massive and sturdy. 54 Site 26 Description Site 26 is a probable cattle wall. This wall, mauka of Wall r24, is of stacked boulder bi-faced construction with a maximum height of 4 feet. However, on the makai (west) side of Wall #24 this wall becomes a low (2 feet) mounded type wall and gradually disappears altogether about 250 feet makai of Wall r#24. Site 27 Description Site 27 is a probable agricultural terrace built on a relatively steep rocky slope. The terrace structure measures 10 feet East/West by 20 feet North/South and has a rough piled boulder makai facing with a maximum height of 4.5 feet. The surface of the terrace is boulder, cobble and pebble paved and is level to the upslope surface. Site 28 Description Site 28 is an agricultural complex whose main feature is a North/South running boulder faced terrace which is 200 feet long, 6 feet wide, and a maximum of 2.5 feet high. This terrace marks the makai (west) end of a steep, rough boulder/rubble slope. Other smaller terraces and mounds with planting areas are associ- ated with this size on the makai side of the main terrace. The small agricultural complex is situated in a break in the gen- erally steep rocky slope and has more accumulated soil for plant- ing areas. Site 29 Description Site 29 is a relatively level cleared area measuring approx- imately 55 feet East/West by 80 feet North/South and is situated on the top surface of a low bluff. A curved 3-foot high terrace retaining wall marks the makai end of the clearing. This area appears to have been bulldozed and may be part of a World War II 55 military encampment which was associated with the residential area in the northeast portion of the property. This is one of the very few bulldozed areas in the property. A broken tether - ball was found on the makai side of the leveled bluff. Site 30 Description Site 30 is a rectangular platform measuring 10 feet North/ South by 12 feet East/West with a maximum height of 3 feet. The platform is constructed of stacked angular boulders and cobbles and is well -faced on all sides. Extending makai (west) from the southwest corner of the platform is a mounded terrace retaining wall type structure. This terrace wall is actually a modified natural feature consisting of piling of rocks on what appears to be an edge of a lava flow. The ground surface to the south is lower (2-3 feet) and has more soil development than the terrain to the north of the terrace, which is steeper and more rocky. This terrace type wall extends makai to Site 31 (modified bluff), then turns to the north and becomes a rough boulder facing at the base of the rocky slope, just mauka of Site 33. Excavation Results Because of the formality of construction, this site was tested as a possible burial feature. A one by two meter trench was excavated into the center of the platform from the mauka (east) side. The excavation revealed an average of 1.2m of rock fill overlying a maximum of 30 cm of soil. Therock fill was mostly small boulders and cobbles of angular to subangular pahoehoe basalt. There were two soil stratigraphic units represented, Strata I and II. Stratum I, 7 to 10 cm thick, was the typical (for this project area) loose brown to dark brown (10 YR 4/3) silt loam, high in undecomposed to partially decomposed organic material, mainly koa haole debris. Stratum II, 15 - 20 cm thick, was loose, pebbly, dark grayish brown (10 YR 4/2) silt loam directly overlying pahoehoe bedrock. 56 Recovered in the excavation was a single large cowry shell, from the platform fill, and very small amounts o.f bird bone, kukui nuts from the soil layers. There were no artifacts observed, and no burial was present. This site is possibly an agricultural boundary related feature. The platform and associ- ated mounded terrace wall structure, which extends makai from the platform, separates different types of terrain and hence possibly different types of agriculture land utilization and/or land tenure during prehistoric times. Site 31 Description Site 31 is a modified pahoehoe bluff face. Modifications to this North/South oriented bluff face include a linear mound and rough leveling of the top surface of the bluff. The linear mound extends makai (west) from the bluff face and measures 15 feet East/West by 6 feet North/South with a maximum height of 2.5 feet. The linear mound is constructed of piled boulders and cobbles. The roughly leveled area on the top of the bluff measures 6 by 6 feet with a 2-foot high makai (west) face and is nearly level to the mauka, upslope side. The leveled area is constructed of boulders and cobbles filling cracks between bed- rock blocks, behind the 2-foot high makai boulder face. There were no artifacts or midden observed in association with this site which is probably related to the same agricultural and land tenure boundaries as described for Site 30. This modified bluff edge which in part creates a break in the slope, with the less steep slope on the makai side,.is probably an edge of a younger pahoehoe flow. The terrain mauka of the bluff is generally very rocky and steep, with little soil development and has a dense cover of air plants and koa-haole. This bluff edge continues north from Site 31 with discontinuous/unconnected portions of.modification. The modification consists of piling of boulders on the bluff edge creating a rough terrace which ranges in height from 2 to 4 feet. 57 Site 32 Description Site 32 is a portion of the boulder faced terrace struc- ture discussed in Site 31 description. This section, of the mostly natural feature, measures approximately 100 feet long (North/South) and has a maximum height of 3 feet. Like other sections, this portion is created by piling of boulders along the edge of the pahoehoe flow. The piling of rocks on the flow edge creates a relatively level and rock -free soil/plant- ing area makai of the piled boulder terrace type structure. Site 33 Description Site 33 is a roughly triangular shape habitation terrace. The terrace has maximum dimensions of 15 feet North/South by 17 feet East/West and is boulder and cobble paved. The terrace has stacked boulder facings on the south, west and north sides, with a single boulder alignment delineating the mauka (east) side. The makai (west) face is the most prominent, with a maximum height of 2.5 feet. In the south central portion of the terrace is a 2 by 4 foot by 1.5 foot deep stone -lined and capped cupboard that has a level soil interior surface. Excavation Results Two trenches were excavated within the terrace structure. Trench 1, a lm x 1.5m trench, was excavated from the makai face towards the center of the terrace. Trench 2, a .30 x .35 trench, was excavated in the soil area in the center of the cupboard feature. Trench 1 revealed an average of 35 cm of rock fill over a maximum of 40 cm of soil. The rock fill was angular to subangular pahoehoe cobbles and small boulders. There were three weakly expressed soil stratigraphic units (I, II and III) in the 40 cm of soil which overlies the pahoehoe bedrock. Stratum I ranged from 2-5 cm thick and consisted of loose brown silt loam, high in organic debris. Stratum II ranged from 25 to 35 cm thick and was loose brown to dark brown silt loam. Stratum II was a discontinuous layer,,occurring only in the deeper undulations of the bedrock where it ranged from 2-5 cm thick. Stratum III consisted of culturally sterile, loose, dark yellowish brown silt loam. There were no artifacts observed,and only a very sparse amount of midden was present within Trench 1. The midden consisted of a few pieces of coral, kukui nuts, charooal, and wana (sea urchin). Trench 2, excavated within the cupboard type feature, exhibited the same three weakly expressed soil stratigraphic units. Again, there were no artifacts and only a few fragments of midden (cowry and charcoal). The absence of artifactual material and the sparse amount of midden present suggest only occasional or short -termed use of this site for habitation. This is reinforced by the stratig- raphy as no well-defined boundaries or difference between strata (i.e., weakly expressed) except the organic content (koa haole debris) of Stratum I was observed. This site probably functioned as an occasionally used, temporary habitation terrace for use while tending adjacent agricultural features. Sites 34, 35, 36 Description Sites 34, 35 and 36 are agricultural features or a complex of features that encompass a relatively steep slope. The features consist of short terraces, linear and oval mounds, and associated soil areas. The terraces are boulder and cobble structures, usually incorporating small bedrock outcrops and/or in situ large boulders. The terraces are predominantly oriented North/South or perpendicular to the slope and retain small soil areas. The mounds range from small oval mounds (2-3 feet in diamter and 1-2 feet high) to larger linear mounds (8 to 12 feet long, 3-6 feet wide, and 1-3 feet high). The mounds are also usually built on or incorporate small bedrock outcrops and/or large boulders. 59 Specific features with site designation within the com- plex.include (1) a well-built linear mound and associated cup- board -like small lava blister (Site 35); (2) Site 35A, a well- built roughly square mound constructed on a low bedrock outcrop; and (3) a large terrace structure and associated level soil areas (Site 36). Site 35, linear mound, is built on the makai portion of a low sloping bedrock outcrop -with the cupboard -like blister on the mauka end. The mound measures 10 feet East/West (mauka/makai) and 4 feet North/South with a makai face that is 3 feet high. The mound is constructed of piled boulders and cobbles except for the makai face which is of stacked boulder construction. The blister has an interior area of 1.5 by 2.5 feet with a maxi- mum ceiling height of 2 feet. There was no capstone over the opening and the interior was thin soil (2-5 cm) and koa haole debris layer over the pahoehoe bedrock. Site 35A mound, roughly square in shape, measures 10 by 10 feet with a maximum height of 2.5 feet. The makai (west) and south sides have stacked boulder facings 2 feet high with the mauka (east) and north sides having a mounded/piled appearance. The mound is constructed of piled boulders directly on bedrock which is visible at the base of the mound and through the piled boulders. Site 36 is the large well-built terrace near the base of the slope. The terrace retains a relatively level and expansive soil area on the mauka side and creates (by rock removal) a similar large soil area on the'makai side. The terrace structure is roughly L-shaped and generally follows the natural contours at the base of the slope. The long leg of the terrace, oriented North/South, measures 35 feet and ranges in height from 3 to 5 feet. The short leg, oriented mauka/makai, measures 25 feet and ranges in height from 2.5 to 3.5 feet. The terrace is constructed with stacked boulder facings and pebble, cobble and boulder fill. behind to a width which ranges from 3 to 5 feet. Mauka of the M terrace structure is a relatively level and rock -free soil area which measures approximately 25 feet East/`Vest by 45 feet North/South. On the makai side is a more expansive soil area which is actually a natural break in the slope and is relatively level. This soil area also has small mounds, mauka of the terrace, but the portion immediately below the terrace structure is relatively rock -free. This makai soil area is approximately 100 feet in diameter and extends roughly from the north side of Site 18 to the south side of Site 37A. Excavation Results A single .50m x .50m test trench was excavated in the soil area immediately mauka of Site 36 terrace structure. This was done to collect soil samples from an agricultural feature and get a basic soil stratigraphic sequence for agricultural features. Stratum Ia 0-5 CMBS A-horizion dark grayish brown (10 YR 4/2), loose silt loam, high in organic material (mainly koa haole debris) Stratum Ib 5-8 CMBS A -horizon , brown to dark brown (10 YR 4/3), loose, silt loam with 10-20% fine basalt gravel, is discontinuous in the profile Stratum II 8-24 CMBS Very dary grayish brown (10 YR 3/2), loose silt loam Stratum III 24-30 CNIBS Dark yellowish brown (10 YR 4/ 3 ) loose silt loam with 30-400 fine basalt gravel (sterile Pahala Ash) Stratum IV 30+ Pahoehoe bedrock Samples were collected for Strata Ib and II. Site 37, Features A-G General Description Site 37 (Fig. 18) is a complex of habitation and agricul- tural features which include enclosures (37A, B and D), platforms (37C, E and F) and a cave shelter (37G). 61 Feature A Description Site 37A is a rectangular enclosure with exterior dimen- sions of 16 feet North/South by 18 feet East/West and interior measurements of 12 by 14 feet. The walls of the enclosure are of stacked boulder bi-faced construction and range in height from 2.5 feet (west wall) to 5 feet (south wall). The west wall is mostly collapsed with the rest of the walls in good condition. The interior surface of the enclosure is scattered boulders over soil. Excavation Results A one -meter square (Tr. 1) was excavated in approximately the center of the interior area of the enclosure. The excava- tion revealed the typical (for this project) three strata (I, II and III) soil profile. Stratum I being the loosely consoli- dated modern A -horizon, Stratum II the cultural layer (although weakly expressed), and Stratum III the culturally sterile sub- soil which overlies the bedrock. There was very sparse midden within Stratum II which consisted of two fragments of conus shell. There were no artifacts observed within the trench or in association with the site in general. The construction style of relatively high and vertical walls and general absence of midden and artifacts indicate this site may have functioned as an animal (pig) pen. Feature B Description Site 37B, a rectangular enclosure, is very similar to 37A in construction style. It measures 10 feet East/West by 12 feet North/South with interior dimensions of 5 by 7 feet. The walls are of bi-faced stacked boulder construction and range in height from 2.5 to 3.5 feet with the west wall somewhat collapsed. There were no artifacts or midden observed in association with this site. Like enclosure 37A, 37B is a probable animal (pig) pen. M . . . . . . . . . . o q CO w Feature C Description Site 37C is a three -level terraced platform which measures a maximum of 20 feet North/South by 25 feet East/West. Level 1 (the makai/western most level) has a 3.5 foot high, well -faced stacked boulder retaining wall on the makai side, and a pebble and cobble paved area of 6 by 10 feet. Level 2 is delineated from Level 1 by a 1 to 1.5 foot high stacked boulder facing and has a pebble/cobble paved area of 7 by 10 feet. Level 3, one foot higher than Level 2, has a boulder paved area of 6 by 7 feet. The walls of the terraced/platform are of stacked boulder construction and range in height from .5 to 1.5 feet, except for the makai retaining wall, which is 3.5 feet high. Excavation Results A one by four -meter trench (Trench 1,Fig. 19) was exca- vated from the makai retaining wall to the center of Level 2 in the north portion of the terraced/platform. Trench 2 was divided into Trenches 1A, 1B, 1C and 1D with 1D being the most makai. The excavation revealed a platform fill that ranged from 65 cm (Tr. 1D) to 25 cm (Trs. lA and 1B) thick. There was an adz fragment in the platform fill (of Tr. 1B) but no midden ex- cept for coral fragments which were plentiful in Trenches lA and 1B. Underlying the platform fill were the three basic soil stratigraphic units (I, II and III) except in trench 1D which contained only Stratum I material. Stratum I (2-10 cm thick) consisted of loose dark brown (10 YR 3/3) silt loam with a high percentage of undecomposed organic material (mainly koa haole debris). Stratum I contained very sparse midden, except in Trench 1B where there was a fair amount (26.6 grs.) of marine related midden and a small amount (.5 grs.) of terrestrial midden (pig bone and kukui nut). Also in Trench 1B, Stratum I were two volcanic glass flakes and a conus shell bead. MOA 99 may_ O Stratum II (10-30 cm thick), the main cultural layer, consisted of loose, cobbly, very dark grayish brown silt loam. Stratum II contained a fair amount of midden for Trenches lA and 1B, with Stratum II essentially absent from Trench 1D and only a small amount of midden (8.1 grs.) present in Trench 1C. The midden was typically predominately marine related (some 53 grams for Trenchs lA and 1B) but a small amount (9 grs.) of pig bone was present also from Trenches lA and 1B. No arti- facts were observed within Stratum II. Stratum III (2 to 10 cm thick) consisted of culturally sterile loose, dark brown (7.5 YR 3/2) silt loam. The excavation indicates a habitational function for this site and possibly a high status occupation. Also, a possible multi -phase construction is suggested in the absence of Stratum II material from Trench 1D (Level 1) and the buried boulder alignment that separates Levels 1 and 2. However, these differences are more probably due not to different ages of con- struction but different uses of the levels, with the focus of activity taking place on Level 2. The presence of pig bone and the conus shell bead are indicators of a higher status habi- tation, although the site structure, taken by itself, is not overtly impressive in terms of size and complexity. The presence of the pig bone also lends credence to the functional interpre- tation of sites'37A and 37B as pig pens. Feature D Description Site 37D is a large (50 feet East/West by 70 feet North/ South) roughly oval enclosure with the mauka (east and northeast) side delineated by an exposed bedrock ledge. The walls on the north, west and south sides are generally of stacked boulder construction, with a few sections exhibiting upright slab and core fill type construction. The walls range in height and width from 2 to 4 feet, and incorporated into the southeast corner is a cupboard -like feature. The cupboard measures 1.5 by 2.5 feet and Cis] 1.5 feet deep and was capped by two boulder slabs. Removal of the capstones revealed a bedrock base and no visible artifacts or midden. Most of the interior of the enclosure is sloping exposed bedrock with scattered boulders and just the makai portion having a soil surface. This site is probably an agri- cultural related feature. Feature E Description Site 37E is a roughly rectangular mound which measures 14 feet North/South by 17 feet East/vest. The mound is con- structed of piled boulders on bedrock with a maximum height of 3 feet. Bedrock is visible through the loosely piled boulders and also at the base on the north and west sides. The sides of the mound are not faced except for the makai (west) side which has a rough boulder facing 1.5 feet high. In the northeast por- tion of the mound is a 3 foot in diameter by 1 foot deep depres- sion. The depression is constructed by piled boulders around a natural fissure or small bluff in the low bedrock outcrop on which the mound is built. This site probably functioned as an agricultural related feature, analagous to a rock clearance mound. Feature F Description Site 37F is a rectangular platform with an adjoining soil terrace. The platform measures 18 feet Southwest/Northeast by 20 feet Southeast/Northwest and is a maximum of 3.5 feet high. The platform has stacked boulder walls from 1.5 to 2.5 feet high and is boulder and cobble paved. In the central portion of the platform is a 2.5 feet in diameter by 2 feet deep stone - lined depression. Adjoining to the northwest is a relatively level soil terrace with a piled boulder and cobble mounded type retaining wall on its northwest side. The level soil area measures 10 feet Northwest/Southeast by 12 feet Northeast/South- west. The mounded terrace retaining wall ranges in height from 1 to 2 feet and in width from 2 to 3 feet. 67 Excavation Results A one by two -meter trench (Trench 1) was excavated in the platform from the northwest face to the stone -lined depression. Trench 1 was divided into one -meter squares (Tr. lA and Tr. 1B), with Trench lA the northwestern -most and Trench 1B essentially encompassing the depression. A .50m by .50m trench (Tr. 2) was excavated in the adjoining soil terrace. Trench 1 excavation revealed an average of 50 cm of rock fill for both TrS.lA and 1B. The rock fill was mostly boulders and cobbles with smaller cobbles and pebbles used to fill in the hollow spaces creating a relatively tight/compact platform structure. The rock fill contained a very sparse amount of midden consisting of a few fragments of marine shell and coral with a single volcanic glass flake in Tr. 1A. In Tr. lA the rock fill, for the most part, was directly overlying the pahoehoe bedrock of the low outcrop on which the platform is built. However, Tr. 1B, with the stone -lined depression in the center, contained a maximum of 40 cm of soil. The stone -lined depression was constructed by filling in, with loosely piled boulders and cobbles, portions of a collapsed blister in the pahoehoe outcrop. The center of the depression had a cobble -paved surface with the sides essentially the same as the rest of the platform structure. The soil within the depres- sion (i.e., Tr. 1B) consisted of the three basic stratigraphic units (I, II, III) found throughout the project area. Stratum I (2-7 cm thick) loose, dark brown (10 YR 3/3) silt loam, high in organics, contained no artifacts or midden. Stratum II (10-35 cm thick) loose, cobbly dark brown (7.5 YR 3/2) silt loam, contained very sparse midden (2 fragments of cowry shell) but 8 pieces (1 core, 7 flakes) of volcanic glass. Stratum III (2-5 cm thick) consisted of culturally sterile loose dark brown (7.5 YR 4/2) silt loam. Trench 2 in the adjoining soil terrace contained an average of 30 cm of soil, with a maximum of 40 cm. The soil profile M] exhibited the three basic stratigraphic units, I, II and III. Stratum I (modern A -horizon) averaged 5 cm thick and consisted of loose, dark brown (10 YR 3/3) silt loam with a high percentage of organic material. Stratum II averaged 20 cm thick and con- sisted of loose, rocky (10-20% pebbles) very dark grayish brown (10 YR 3/2) silt loam. Stratum III averaged 5 cm thick and consisted of loose, dark yellowish brown (10 YR 4/4) silt loam which directly overlies the pahoehoe bedrock. There were no artifacts or midden except for dispersed charcoal flecking in Stratum II observed in Trench 2, although there was a coral abrader found within the mounded terrace retaining wall north of Trench 2. The excavations (Tr. 1 and Tr. 2) indicate only minimal use of Site 37F as a habitational feature. Instead, the evidence suggests a temporary and/or occasional use of 37F platform for habitation related to tending the surrounding agricultural fields like the adjoining soil terrace. This would put Site 37F into a general category in what has been termed "field hale," where no long-term or permanent habitation is in evidence but process- ing of agricultural products from the surrounding fields would have taken place. The volcanic glass present (1 core and 7 flakes) were probably tools used for processing agricultural products. Also, the coral abrader may have been used as a sharpening tool for such things.as an o'o (wooden digging stick) and/or wooden knives. The stone -lined depression in the platform structure was probably used as storage for agricultural products. Feature G Description Site 37G is a cave shelter with interior measurements of 15 feet East/West by 20 feet North/South and a maximum ceiling height of 3 feet. The entrance to the cave, which measures 3 feet in diameter, has been modified with two piled boulder mounds, one on the west side, the other on the northeast side. The mounds are 1.5 feet high, approximately 10 feet in diameter, and are built on bedrock. The interior of the cave was a relatively level soil surface with a probable boulder alignment just inside the entrance on the west side. Also observed on the surface were a water -worn boulder and two cobbles, a gourd fragment and a small amount of midden. Excavation Results Two trenches (Trenches 1 and 2) were excavated just inside the entrance adjacent to and incorporating the area of the boulder alignment. Trench 1 was a one -meter square with Trench 2 adjoin- ing to the west being a one by half -meter trench. The two trenches revealed the three typical soil strati - graphic units (I, II, III). Stratum I (3 to 4 cm thick) con- sisted of loose, dark brown (10 YR 4/3) granular silt loam with a high percentage of undecomposed organic litter mainly koa haole debris. Stratum I contained a sparse amount of midden, mostly marine related but also some kukui nut fragments and the piece of gourd which was cut as the only artifact. Stratum II (5 to 10 cm thick) consisted of loose, very dark grayish brown silt loam. It contained a fair amount of midden (72 grs.), again mostly marine related except for kukui nut frag- ments. There were five volcanic glass flakes and a cut pearl shell fragment collected with Stratum II provenance. Also, a charcoal and ash concentration were observed in Stratum II, Trench 2 from which a charcoal sample was collected (Sample #10). Stratum III was a discontinuous layer occurring only in the deeper undulations of the underlying pahoehoe bedrock. It con- sisted of culturally sterile loose, dark yellowish brown (10 YR 4/6) silt loam. This cave shelter appears to have been fairly intensively used as a habitation feature as indicated by the amount of midden, charcoal and artifacts present. It was probably used in associ- ation with tending the surrounding agricultural fields. This cave (37-G) has very similar characteristics as the cave at Site 18A in amount of midden, charcoal and artifacts. These caves may represent ome of the earliest habitation al features on this particular project property. V01 Site 38 Description Site 38 is a modified outcrop that features a piled boulder embankment on the makai (west) side. The embankment is a terrace -like structure that was constructed by piling boulders on the makai portion of this low pahoehoe bedrock outcrop. The embankment or terrace measures 5 feet wide (East/ West) and 30 feet long (North/South) and ranges in height from 1.5 to 2.5 feet. The piling of rocks has created a relatively level and rock -free soil area on the downslope (makai) side of the outcrop. This is a typical agricultural feature which has the same function as a rock clearance mound. Site 39 Description Site 39 is two adjoining terrace structures with a 6-foot wide level soil area between them. The terrace structures are roughly square and measure 10 by 10 feet with 2-foot high makai facings. The terraces are constructed with stacked boulder facings and piling boulders, cobbles,and pebbles behind them. Makai of these terraces are two piled boulder mounds which create a relatively level and rock -free soil area (^_' 15 in. diameter) between the mounds and the terraces. Site 40 Description Site 40 is a continuation of the agricultural features discussed in Sites 38 and 39 descriptions. Site 40A is a U-shape agricultural terrace with the "open" end facing mauka (east). The terrace structure has dimensions of 15 feet long for the south side, 17 feet for the makai (west) side, and 10 feet long for the north section. The terrace walls range in width from 3 to 6 feet and in height from 1.5 to 2.5 feet. This U-shaped terrace encloses/retains a level soil roughly 12 feet East/West by 15 feet North/South. 71 Site 40B is a well-built linear mound which measures 7 feet North/South by 15 feet East/West with a maximum height of 2.5 feet. It has a stacked boulder face on the makai (west) side, with the rest of the mound constructed of piled boulders. The mound is built on a low pahoehoe bedrock outcrop, although a relatively rock -free soil area surrounds the mound. No artifacts, midden, or coral were observed in association with these two sites which are typical of the well-defined agri- cultural features in this portion of the project area. Site 41 Description Site 41 is a roughly L-shaped agricultural terrace which retains a level soil area on the mauka (east) side. The short leg of the terrace is oriented Northwest to Southeast and measures 15 feet long, 2.5 feet wide, and 2 feet high. The long leg is oriented North/South and measures 25 feet long, 4 feet wide, and 3 feet high. The terrace walls are constructed of piled boulders and cobbles. At the intersection of the two wall sections is a cobble and pebble paved area which measures 3 by 4 feet. The soil area retained by this terrace is behind (mauka). This cobble and pebble paved area measures approximately 4 by 6 feet. The north portion of the long leg is actually a boulder and cobble embankment on the makai side of an exposed pahoehoe bedrock ledge. Mauka of this site, towards Site 18, the terrain is mostly ex- posed smooth pahoehoe bedrock with a few pockets of soil and scraggly short koa-haole. Site 42A Description Site 42A consists of two adjacent modified outcrops (Features 1 and 2). Site 42A, Feature 1 consists of a modified outcrop and adjoining linear mound, with a U-shape soil area between them. The modified outcrop is roughly triangular in shape, measuring 15 feet East/West by 25 feet North/South with a maximum height 72 of 2 feet. Modification is essentially just piling of rocks on this low pahoehoe outcrop with the only stacked boulder facing on the south side. The linear mound measures 45 feet (East/West) by 8 feet (North/South) and is 2 feet high. The mound forms the southern wall of a U-shaped soil/planting area that is 8 feet North/South by 25 feet East/West .with the modified outcrop delin- eating the northern side of this soil area. Site 42A, Feature 2 also has a modified outcrop and a rough- ly rectangular shaped level soil area on the top surface which measures 18 feet North/South by 22 feet East/West. The level soil area is "retained" behind a roughly L-shaped. terrace which is a mounded type wall structure on the edge of the outcrop. The L- shaped terrace wall is constructed of piled boulders and cobbles on the west and north sides of this low outcrop. The western (makai) section of the terrace wall measures 25 feet (North/South) with a maximum height of 2.5 feet. The northern section measures 40 feet (East/West) and has a maximum height of 2 feet. Excavation Results A single .50m x .50m trench was excavated in the makai cen- tral portion of the level soil area of Site 42A, Feature 2. The excavation revealed a maximum of 20 cm of soil overlying the pahoehoe bedrock. There were two soil stratigraphic units present,. Strata I and II. Stratum I, 0-5 CMBS, was the modern A -horizon of loose, brown silt loam which was high in organic materials of koa haole and kiawe debris. Stratum II, 5-20 CMBS, was dark brown loose silt loam which contained very sparse dispersed charcoal flecking. There were no artifacts or midden observed either from the excavation or on the site in general. This site is atypical agricultural feature for this portion of the project area, which is makai of Wall #51. Site 42B Description Site 42B is a roughly oval shaped, two -level terrace. The terrace measures 18 feet East/West by 25 feet North/South. The 73 upper level, or mauka portion of the terrace, measures 7 feet East/West,by 25 feet North/South with a 3-foot drop to the lower level and is boulder, cobble, and pebble paved. This upper level retains a relatively level and rock -free soil area that measures 3 feet East/West by 18 feet North/South. The lower level, or makai portion of the terrace, measures 10 feet East/West by 18 feet North/South and has a mounded makai face which is 1.5 feet high. Within the central portion of the lower terrace, at the base of the upper level, is a 2-foot in diameter by .5 foot deep soil -filled depression. Makai (west) of the lower level is another relatively level and rock -free soil area which measures 12 feet East/West by 25 feet North/South. There were no artifacts or midden observed in association with this agricultural terrace structure and soil area. Site 43A Description Site 43A is a modified outcrop which measures 25 feet East/ West by 35 feet North/South. In the east central portion of the outcrop is a lava blister with an interior area of 8 feet in di- ameter and a ceiling height that ranges from 1.5 to 2 feet. The opening of the blister is 1.5 to 2 feet in diameter. The area in front (makai) of the blister has been modified by filling in with boulders and cobbles a shallow depression in the bedrock outcrop. This filled in and roughly level area is surrounded by a low (1.5 foot high) mounded wall which creates a circular filled - in depression 10 feet in diameter. Other modifications to this outcrop include piling of boulders along the perimeter, especially the south side where the outcrop drops steeply off. There were no artifacts or midden observed in association with this site. Most of this outcrop is exposed smooth pahoehoe bedrock and the blister is too small for use as a shelter. The soil within the blister was from 2 to 5 cm thick and was mostly partially decomposed organic material (koa haole debris). This site is probably an agricultural related feature. The circular filled in depression was possibly a sweet potato mound with the central area mulched and the vines allowed to grow over the mounded walls... The blister, although presently not capped/ sealed, could have been utilized as a cupboard -like feature for agricultural products. Site 43B Description Site 43B is a modified portion of a generally North/South oriented pahoehoe bluff. The bluff edge is from 10 to 25 feet high and exhibits modifications in a number of places. Site 43B is a roughly level area on the top surface of the bluff. The level area is 10 feet East/West by 20 feet North/South. The level area is created by piling and stacking of boulders and cobbles along the edge and face of the bluff, creating a nearly vertical 6-foot makai (west) face. The level area is mostly exposed bedrock with cobbles and pebbles filling cracks between bedrock blocks. There were no artifacts or midden observed in association with this probable agriculturally related site. Site 43C Description Site 43C is another modified portion of the pahoehoe bluff discussed in Site 43B description. This portion of the North/ South oriented bluff is amphitheater -like with the open portion to the west (makai). This curved portion of the bluff is approxi- mately 25 feet high and covers an area of 100 feet East/West by 150 feet North/South. The bluff face exhibits discontinuous rough terracing of 5 to 6 different levels, each between 3 to 5 feet wide. The terraces are piled boulder alignments onthe bed- rock bluff, although there are no soil areas "retained" by these terraces. However, at the base of the bluff is a large relatively level and rock -free soil/planting area which is approximately 60 feet in diameter. There were no artifacts or midden observed in association with this agricultural related site. 75 Site 44A Description Site 44A is another modified portion of the pahoehoe bluff described in Sites 43B and 43C. This portion of the bluff is 10 feet high and includes a small lava tube chamber at the base of the bluff. The top of the bluff has been roughly leveled with cobbles and pebbles filling in cracks between bedrock blocks. The area of leveling is approximately 10 feet in diameter, with most of the area exposed bedrock. The lava chamber at the base of the bluff measures 6 by 8 feet with ceiling heights ranging from 1.5 to 2.5 feet. The entrance to the chamber is 3 feet wide by 1.5 feet high and is unmodified. Most of the floor of the chamber is.covered by a thin layer (5-10 cm thick)of soil with the back and sides of the chamber being exposed bedrock. The soil is loose, brown to dark brown silt loam, high in undecomposed and partially decomposed organic material (koa haole and monkeypod debris). There were no arti- facts or midden observed in association with the bluff surface or the chamber areas of this site. The chamber, because of its small size, was probably not used as a habitational shelter, although it may have been utilized as a storage or large cup- board like feature, possibly for agricultural products. Site 44B Description Site 44B is an agricultural complex consisting of parallel low -mounded walls (kuaiwi), linear and oval mounds, short terraces and soil areas. The complex is situated in a gently sloping natural drainage Swale that generally has more soil than the surrounding terrain. The complex is rectangular in shape and measures approximately 100 feet North/South by 300 feet East/West. This complex is delineated by long, East/West oriented mounded kuaiwi type walls. The interior of the complex (i.e., between the kuaiwi walls) is characterized by areas of exposed bedrock, rock clearance mounds, short cross -slope terraces, and shallow soil deposits. The only areas that presently have relatively thick 76 soil pockets (< 20 cm) are small and have either'opiuma or kiawe trees growing in them. However, at the makai end of the complex is a large level and rock -free soil area that is approximately 75 feet East/West by 100 feet North/South. This soil area is bounded on the north side by a kuaiwi wall, on the east by a North/South oriented terrace wall, on the west by a modified outcrop (Site 45) and on the south by a discon- tinuous boulder alignment. Presently this soil area is a cattle wallow and is mostly covered by two large kiawe trees. This was the only example of a well-defined rectangular kuaiwi walled agricultural complex within the project parcel. This is probably due to the general steepness and rockiness of most of the project parcel. Site 45 Description Site 45 is a modified pahoehoe outcrop that delineates the makai extent of Site 44B agricultural complex. The out- crop is roughly oval in shape and measures 40 feet East/west by 75 feet North/South, and is a maximum of 6 feet high. In the southern portion of the outcrop are two openings into a discontinuous lava tube that runs roughly North/South under the "uplifted" makai side of the outcrop. The two open- ings are 2-3 feet in diameter and have vertical drops of 4 to 6 feet to separate chambers of the same tube. The southern chamber is a maximum of 15 feet long (North/ South) by 6 feet wide with a ceiling height of 2.5 to 3 feet. Most of the interior of this chamber is bedrock with loose boulder rubble except for an area 4 feet in diameter which is soil covered. The soil layer has a maximum depth of 15 cm but averages 5 cm thick. There was no cultural material or burial present within this chamber. The northern chamber measures approximately 6 by 10 feet with a ceiling of 2.5 to 3 feet. The interior of this chamber is mostly boulder rubble on bedrock. No cultural material or burial was observed in this chamber either. 77 Other modifications to this outcrop include piling of rocks along the north side and some minor leveling of the outcrop surface. The best defined level area is on the south end of the outcrop. It measures 12 feet North/South by 15 feet East/West and includes a small (2 feet in diameter) lava blister as a cupboard -like feature. Leveling consists of filling in cracks between bedrock blocks with cobbles and pebbles, and the lava blister is unmodified. There were no artifacts or midden observed in association with this site. The modifications to the outcrop indicate rock clearing activity to create the large soil area mauka of the outcrop as part of Site 44B agricultural complex. Site 46, Feature A Description Sites 46A and 46B are probable burial features (Figs. 20-22). Site 46A (Figs. 20, 21) is a roughly oval modified outcrop which measures approximately 35 feet East/West by 45 feet North/South and has a maximum height of 15 feet. There are two well-built level terraces on the makai (southwest) side of the outcrop. The upper terrace is rectangular and measures 7 feet East/ West by 8 feet North/South and has a 3-foot high vertical makai facing. The terrace is constructed of stacked subangular pahoe- hoe boulders and has a level boulder and cobble -paved surface. The lower level, which abuts the upper level's makai fac- ing, is also rectangular and measures 6 feet East/West by 10 feet North/South. The lower level is of similar construction and has a 2-foot high makai facing. Other modifications to this steep conical shaped outcrop include: (1) piling of boulders along the eastern side creating a low boulder -faced terrace; (2) a boulder alignment extending 10 feet to the west from the northwest corner of the lower terrace; and (3) some piling of boulders and cobbles on the south side of the outcrop. VAM There were no artifacts, midden, or coral observed on the terraces. However, the formality of construction and associated platform (Site 46B) suggest the presence of human burials within the terrace structures. Site 46, Feature B Description Site 46B (Fig. 22) is a roughly circular platform approximately 40 feet to the southeast of Site 46A outcrop. The platform measures 12 feet in diameter and is a maximum of 4.5 feet high. It is well built and is constructed of stacked subangular pahoehoe boulders with a level boulder and cobble - paved surface. All sides of the platform are faced, although the south side has collapsed somewhat. There are many pieces of coral present within and around the platform structure, although no other artifacts or midden were observed. Although this is a fairly typical "Kona type" burial plat- form, the rounded corners and the circular appearance are some- what unusual. The platform is built on a low (1-2 feet high) exposed bedrock ledge, and the burial or burials, if indeed present, may be located in a lava blister chamber below the actual platform structure. Between the burial platform 46B and the terraced outcrop 46A is another modified outcrop. This outcrop does not have modifications as formal as those of Site 46A. However, there are two terrace -like modifications, one on the north end, the other on the northwest portion of the outcrop. The north terrace measures 6 feet by 12 feet and is 2 feet high. The northwest terrace measures 4 feet by 6 feet and is 2.5 feet high. Both terraces contain a few pieces of coral. The outcrop, which measures 30 feet East/West by 35 feet North/South and is 8 feet high, also contains a few scattered water -rounded coral cobbles in cracks between columnar bedrock blocks. 79 � C%l �2 C%j Cl � I ''�t��'d vr��r J � t' ' •. ,- f` ��+^ '► � -� ." 'iLt�Fys" „i 'J �s! �t8 �F►.y 5 , , is a� 7Qy3 f' _ Wit` .'�.4 •��.( +>.. c s � �•: q:', f d,� � � �, F 14 14. pr Aj "yyam, � r ,,c�f�"-'y' �Y.. .' �_ � ,. '•,fr! `-��'• ��� f�• �X-s. A .3 �� *oaf_'. � � C :• �'�� 1 ,lFn� �il � � �. ���'� .� ��•+ �) ;t` ,'a J,�"�s/'�' -.r � � .e.-> i_ f A p !� c.`(,_�'�'._ ' �; .ems%• • .. •. � .+4 7scsx',rw,l• �r" � n . � ,.�� a'�{�,`�.� �k ti � • ^ �► ,Yk t�. ��� � rit* :-,,, � _ �,a . :. .�r � _•rt � <' { -tom. t .- t / :� �„f"^ � •fir% -f ' � -$ r.�� ' ,+ - "��' A%�-� �' '' _ '1j ' �' *lf .711 ��� \' �� { t -�•;, � j.. %:yS+n. 4i ,y a T - :•J•' � °1k .� 1' �w r` :ilt , � ..a �y- ..\ '•!. r � �', + l vo���,•, �l / S aim•. ��, .'=��%t • 7 I y�"�+�••,�.• ( +E ? � K7 �3r:. • w a NO . � �� "� ,•.�,' A � air ^ + • �.a� ir C taf .�y-y )7- S• J it f •.• + ••� ��`y�����1�` �t.' y•••�•C.:• a• � �,,.• tic- ':+=.'� ' .:` Site 47 Description Site 47 is a modified outcrop which is roughly oval in shape and measures 35 feet North/South by 55 feet East/West, and is a maximum of 3 feet high. Modifications include filling in of a collapsed portion of the outcrop and piling of boulders on the perimeter of the outcrop, especially on the northwest side. The filled in area, probably a collapsed blister, is in the center of the outcrop and still is a shallow (1-2 feet deep) depression which measures 6 feet North/South by 8 feet East/West. The northwest portion of the outcrop has a roughly level area which measures 8 by 12 feet. This level area is created by a piled boulder embankment on the edge of the outcrop and filling in, with boulders and cobbles behind the embankment, on the sur- face of the outcrop. On the mauka side (east) of the filled depression is a lava blister which measures 12 feet North/South by 16 feet East/West with a maximum height of 2 feet. Most of the floor of the blister is soil covered although the back and sides are exposed smooth pahoehoe bedrock. Excavation Results The central portion of the filled depression was excavated (approximately lm2) to bedrock. The excavation was essentially just removal of the loose boulder and cobble fill. There was no cultural material observed and virtually no soil present. Also, a test of the soil layer within the blister failed to reveal any cultural material. The soil within the blister was the typical (for this project) Stratum I material of loose, brown to dark brown silt loam high in organic debris (mainly koa haole). This site may be an example of historic modification for cattle, with the collapsed blister filled in by cowboys for the safety of the animals. Site 48 Description Site 48 (Fig. 22.1) is a modified outcrop with a blister shelter. The outcrop measures 20 feet North/South by 25 feet 99 East/West with a maximum height of 7 feet. Modifications include a triangular -shaped terrace on .the makai (west) side, a rough boulder paving on the mauka (east) side, a cupboard associated with the boulder paving, and a circular depression. The triangular -shaped terrace measures 10 feet East/West by 15 feet North/South and has stacked boulder facings 3 feet high. The surface of the terrace is level and boulder, cobble and pebble paved. The terrace is out front or makai of the opening to the lava blister. The blister is oval in shape and measures 4 feet North/ South by 8 feet East/West with a maximum ceiling height of 2.5 feet. The opening is 4 feet long, 2 feet wide, and 2.5 feet high. The blister and its "roof" form the highest point of the outcrop. The floor of the blister is mostly exposed bedrock with only the central makai (west) portion containing a thin mantle of loose soil with koa haole debris. The rough boulder paving covers most of the mauka portion of the outcrop except where there is exposed bedrock. The paving is essentially piled boulders on bedrock and/or filling in cracks between bedrock blocks. The cupboard feature within the boulder paving is a partially filled skylight break in the back or mauka portion of the blister. The cupboard measures 2 feet in diameter and is partially capped by a boulder slab. There was no cultural material within the cupboard. The circular depression, 1.5 feet in diameter and .5 feet deep, is on the northeast portion of the outcrop. It is a partial- ly filled in crack, in the bedrock, ringed by a single alignment of boulders. There were no artifacts or midden observed in association with this site. This site may have functioned as a temporary "field hale." However, there is a virtual absence of any soil deposits, as the interior of the blister and the entire central portion of the outcrop are exposed smooth pahoehoe bedrock. In addition, the small size of the blister would preclude the use of N. 1,ht Rough paving \ Entrance A Key: Cobble/pebble paving I Basalt bedrock I�t—. . =11111J FEET METERS Fig. 22.1. Site 48, Modified Outcrop With Bubble; Plan View and Cross Section. NO it as a major habitational feature. In addition, removal of some of the loose rocks at the base of the cupboard and stone - lined depression indicates the absence of cultural material, with bedrock immediately under the loose rock fill. No other archaeological testing was undertaken in association with this possible habitational site. Site 49 Description Site 49 is a minimally modified outcrop with modification essentially a few piled boulders on the exposed bedrock perimeter of the outcrop. In the northeast corner of the outcrop, in a natural depression in the bedrock, is a small organic soil and ash deposit. This ash deposit was thought to be evidence of a hearth; however, upon close inspection of the general vicinity, this ashy type deposit was found in a number of natural bedrock depressions. The ash deposit, which is widespread in the area makai (west) of Wall #51, may indicate a brush fire in the presently less densely vegetated makai portion of the project area. There were no artifacts or midden observed in association with this essentially natural feature. Site 50 Description Site 50 is a large oval enclosure which straddles the makai (west) project boundary line. The enclosure measures 50 feet North/South by 55 feet East/West. The walls of the enclosure, for the most part, are low (1-2 feet high) mounded type walls. However, a portion of the south wall incorporates large slab uprights. The northern wall is built on a small collapsed lava tube section, with the tube continuing in a southwesterly direc- tion out of the project area. Most of the interior of the enclos- ure is exposed pahoehoe bedrock with the only soil pockets in the southwest and northwest portions of the enclosure. The largest soil area, the one in the northwest, measures 10 feet North/South 85 by 15 feet East/West and essentially is bounded on all sides by bedrock or piled boulders on bedrock. Observed on the surface of this soil area were one cowry shell and a few pieces of coral. Also a coral abrader and an adz fragment were collected from the surface of the north wall. Some 30 feet to the southwest of this site, out of the project area, is a small modified lava tube entrance. This is probably the same lava tube on which the north wall of the enclosure is built. The entrance to the tube is 2 feet in diam- eter with modification being a C-shaped stacked boulder wall around the entrance. Excavation Results A lm by .50m test trench was excavated in the northern soil area where the cowry shell and coral were observed. It revealed two soil stratigraphic units, I and II, with a maximum soil depth of 26 cm to the smooth pahoehoe bedrock. Stratum I, 5 to 7 cm thick, consisted of loose, very dark grayish brown (10 YR 3/2) silt loam (A -horizon). Stratum I con- tained very sparse midden of cowry, charcoal, and coral fragments. Stratum II, 15 to 20 cm thick, consisted of slightly com- pact black (10 YR 2/1) silt loam directly overlying the pahoehoe bedrock. Stratum II contained a fair amount of midden consisting of charcoal, cowry, sea urchin, another small fragment of marine shell as well as a few fragments of kukui nut. Also, 7 volcanic glass flakes were collected, and a soil sample was taken of Stratum II material. This site is somewhat unusual as a habitational feature because of its size and construction style. The site, an enclos- ure which measures 50 by 55 feet, is considerably larger than a typical habitational enclosure. The construction style of low mounded walls, especially the north side, and no formal platform or paved areas is also somewhat unusual for a habitational site. However, the occurance of artifactual and midden materials does suggest at least temporary or occasional habitation. This site .: probably functioned as both an agricultural and habitational feature. Agricultural activities probably took place both in and around the enclosure, with habitation centered in the northeast portion of the enclosure. Site 51 Description Site 51 is a roughly North/South oriented cattle type wall which extends across the project parcel. The wall ranges in height and width from 3 to 5 feet and is of bifaced stacked boulder construction. There is a wooden gate near the north end that appears to have been built into the wall after the wall's original construction. Also, where this cross -wall meets the southern and northern boundary walls it is evident that the cross -wall just abuts these walls, indicating construction after the prominent mauka/makai boundary walls. The cross -wall (#51) essentially dissects the project area with two-thirds mauka and one-third makai of the wall. The wall also separates visually distinct types of terrain. Mauka of the wall the terrain is generally steeper and more densely vegetated. Makai of the wall the terrain is a more gentle slope with small, scraggly koa haole and large areas of exposed relatively smooth pahoehoe bedrock. This slope change is visible on topographic maps, including.U.S.G.S. quad maps, at approximately the 270 foot elevation (AMSL). Also exaggerating the difference in terrain and vegetation is that historically the makai area has been more intensively used as cattle pasture (per comm. M. Green). However, it does appear that even prehistorically the mauka portion of the property was more intensively used, both for habitation and agriculture. M VI. ARTIFACT ANALYSIS The Total Assemblage A complete accession list of all artifacts recovered is contained in the Appendix. In addition, artifact category totals were plotted for each excavated site (Table 1). The total assemblage was recovered from twelve (12) separate features and as is the case for most Hawaiian sites, the numeri- cal bulk of the materials consists of specimens of volcanic glass (80% of the total artifacts). As is generally the case (Schousboe, et al. 1983), flakes predominate over cores, blades and nodules, and very few of the flakes are retouched (3 out of 149). This indicates that the desired product of volcanic glass core reduction was sharp -edged flakes which were used without further modification. Basalt artifacts include adz fragments, polished flakes (assumed to be derived from adzes either by breakage or resharp- ening),and flakes and hammerstones. Files and abraders are also represented in the assemblage and are manufacturered from three different raw materials --coral, scoria lava, and sea urchin spines. Coral represents the most commonly used material (see Figs. 23, 24 for illustrations of basalt and coral artifacts). Finished fishhooks and/or preforms are not represented in the assemblage, and there are only two specimens of worked bone or shell other than the two bird bone picks found within platform feature 18D. The presence of files and abraders could be indirect evidence of fish-hook manufacturing at the features in which they were found. The occurrence of certain categories of artifacts within specific sites and features is of interest. The largest total quantity of artifacts is from Site 16--a small platform built on a bedrock outcrop. Eight -two (82) specimens of volcanic glass with four basalt hammerstones would indicate a small glass work- shop. An unusually high percentage of the glass pieces are cores M. M. a ¢ H O H O 4 C7 t` w C] U m U O N ¢ r-1 A co ri UI 00 w I a F CQ ¢ 00 W ri G-r A z ¢ ¢ 00 ri co W H N (9 m i Ca N W H (Yi O L) CO F F U fn E- L) F ¢ r-I w a Ca ¢ F C-0 CO d1 N II Co r-I N n 00 m ri r-I r•1 N CN V' N r-i I # cd 41U LO I I I I I ri I i I I I ri 1 I .1 wm at 00 I I .-I I I I I I I i.a � N fl U I I I I I I I I I I I I 1 r to I I 1 r-I * 00 r-I CO zv 1 I I I N I r-I I r-1 I ri I r-I � cad bA co C W -1E r-1 I I I I I 1 I I r-I CO ri I I I N I r-1 I I I I I I I I I 1 I I I I I I I I I r-I c9 1 I M I I I I 1 1 r-1 N I 1 I I I ri (n 00 ri ri N I I ri I I 'T 1 1 I I I I r-I L. ctS 8 In +) r-i I r-I I 1 I I I 1 ri I 1 1 I I I a a w x In a z O In U) Cd mx ¢ ow co r-I y cd N a F •11 ;� w a �7 v y-1 C 6 U O U O 6 O a) c b +� A a a Cd O m u m m z� m s. cd c A r1 z Iv = O m ri F m w O N ri •r •r A m ¢ x O» m: .] a r x E GO cd H A W r N '0 U U cd N cd ti b ¢ N N r-1 cd E W i. 0 U C4 N C t-1 In a- a) r. 0 0 m"o 'o o ra m a 0 U s~ a c o -H -r1 OC.aCAUl 6¢¢CL W x - UM O0CQM7- > W 3 1) LO t- oo Cl) Cl) CO O �+ ri co H ri N [� Ln ri 00 Cl) LO H O tf7 r-1 C� N N 00 co00 Ln N H c U a � In m Cd r-I h0 U C Cd U ri 0 Cd O LO N ri Q C1 0 t INCHES 0 1 2 3 4 5 CMS. A A AW C C FIG.23 !z.salt and Coral Artifacts: A- adz fragment, AR.J;67; 3- adz fragment, AR.:j46; C- coral abrader, AR.757• 90 0 1 2 INC HES CM5. 0 1 2 3 4 5 F I G. 2 4 Basalt Artifact ; A- basalt scraper, AR. -�66. (14.60). This is higher than other sites in the Kona region from which comparative information is available. For example, a percentage of 5.20 of Site 7967 in Holualoa (Hammatt et al. 1986:60) is considered high. This is further evidence that glass raw material was flaked at the site, probably for use in local food processing. The Site 19A artifact assemblage contains plentiful glass (44 specimens), but other artifact categories are also well represented, and working of bone, shell, and wood are indi- cated by the presence of files and abraders. In contrast, the features of Site 18, particularly platform sites C and D, show a very small percentage of glass in the assemblages. Special- ized use other than that of a typical "field hale" or work shop area may be indicated. The distinctive use of these features is further shown in the analysis of their midden assemblage. Cave sites in the Kona area are generally considered to i represent earlier occupation than those of most surface features (Schilt 1984:284, Hammatt and Clark 1980), and this is probably the case for the three cave sites in the present project area, Sites 12, 18A, and 37G. However, there is unfortunately no definitive characteristic of the assemblages of these three sites which could distinguish their occupation from surface sites. None of these caves was intensively occupied. This is in contrast to the heavy use of cave shelters in the adja- cent "Ginter" property (Hammatt and Clark 1980). The single gourd fragment found in Feature 37G shows a favorable environ- ment for organic preservation;.however, no other preserved vegetable materials were found. 92 VIII. MIDDEN ANALYSIS The analysis of faunal and floral remains from archaeo- logical sites (midden) may yield data on environmental utili- zation, specialized economic activity, diet, and custom. The midden herein analyzed contained a wide range of marine inverte- brate remains (including whole or fragmented molluskan shells, the spines, mouth parts and tests of sea urchins, and the chit- inous remains of crabs); the bones of fish, birds, rodents, dogs, and pigs; endocarps of Aleurites molluccana (kukui nuts) and gourd (Lagenaria siceraria). In the course of archaeologi- cal investigations a relatively large sample of midden was collected (3,223.8 grams not including coral and charcoal) from 76 provenances (including ten sites, 17 features, and 39 excava- tion units). Formal excavation in eight areas (Feature 5A, Feature 15A, Feature 18A Trenches 3 and 4, Feature 18B Trench 1B, Feature 18C Trench 2, Feature 20A Trench 1 and 1A, Site 36 Trench 1, and Feature 37F Trench 2) produced no midden. Analysis of the midden recovered is presented in Tables 2 - 4 and is dis- cussed below. All excavated sediments were sifted through 1/8-inch screens. Midden collected was bagged by site and feature, grid unit, depth and stratum where stratification in the deposit was observed. All- midden observed was retained and analyzed. Analysis consisted of sorting, weighing, and tabulating data for all midden fractions and then comparing the data for different levels, for different sites within the project area, and with data for selected other Hawaiian sites. Quantitative analysis shows the predominance of marine invertebrate remains in the midden. Quantified by weight for all sites, the marine invertebrate component accounted for 83.50 of the midden. Only four midden components (Cypraea caputserpentis, Cypraea maculifera, kukui nuts, and the remains of small sea urchins) were found in over fifty percent of the excavation units. These were the only four midden components to account for more 93 116 J Q h- O h- OJ M N M C9 .--I In --I -••I r� N C i N r'- M S O O N O to OO VJ N N fb 0 0 tD 1 1 L. ct N tD C fbS 1 Ln Ln C:t .--I.--I Ln Md'OO �rLn CV �o Ln CD C) CDC CN N�or�O 01 LD 000 V Ln M Vo N M Lo 00 Ln �--1 Cl) V7 ^� r Lo U M 00 t� r, Ln Y .Y Ln c l.n Ln Ln .--I r C r� .--1 •--I N c .•-I r r rY cr V7 r . . . Ln Lo lD C• . . . . � . lD . V N N . LD iD O LD O O N[ T r r r d- L p N N . . O O O . . . . N M r N . 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C J r\LD C, Ln LDN Ol � 4 r•1 OJO LnM •--I r-L 14 M.-Y Lo LO r �•-yT O 00 J n Ln •--1 N co co .--I CO Ln r M C0 Ln O W r O I I O I r I 1 1 1 1 1 I 1 I 1 I I:I- I I I 1 1 r- H 2 C:3 O r- Ln O N Ln Ln M p W CO In 1 1 I I O M 1 ti 1 1 I O O 1 1 1 1 I N 1 1 I 1 I N 3 co ^f N Ln m~ r 1 1 1 I I I 1 1 I 1 1 1 1 1 1 1 I I 71 1 1 1 Z M M M O CM O_ N h- N 7 U C [L Q) Ln _ o 41 Y E ar C ro n E r C w J Y••L U a1 10 IO Ln 7 ro ro Q) Ln > > r E U_0 O Q 10 Q) i i a) ro C 4, tn1 U r r0 C N Y.•+ -o ro a 4-• ro 10 r E o +1 V) ro o a n Y +a 4- ro aJ ro E o o f f +-•' :•> X 4� aJ i-f Y••> +•L U - C N O C O U 7 7 i C 10 U C1 Cla1 O d i ro O i 10 a) w +� 0 ro� •r- m-U 7 O w ro 0 0 a.-1 + 1 0 r N S- C C 2 ro [1 � Y-1 C ro IC It U E C v 10 10 • C +•I to U Ln Y to U E E^ •r QJ C Y••1 C L. •� C ro o Q) L z roo ro tz E n n ro (ao C1 r i Q) v C ro 10 L.) S Ln C C C ro ro1 ro C S x C O , 0 Ln •� OE r>, C10 +� icJ 0 LiJ I- 1-U U Ln O 10 ^ E •O O t r C rT •� aJ J W 1- r +� r C C 7 ro L i i O •r O U 10 tT•r r f.L a) CO F- Q J r to r C C C d d c- i L u QJ O> O i r •.- ro w u ro N Y-1 Q .--. W J O N Q1 O O O >i ?• ?� >L� QJ Y..I J= L i -� N QJ QJ C Q1 aJ Y•� L O h- Ln wQ �1' U U V V U UU L.) V1I-I-h-Co.-. d h- OLn=OUL�H O C C)C 1 1 1 1 1 1 1 r r C)LD r` O O O 1 1 I I r-1 Ln N M CT Ic Co N Q1 D Cn aT O Ln O U "I C I I I In u 1 1 I 1 I 1 0 I C O I 1 1 1 I N I r• M rM V I O 1 1 0 1 1 I C C 0 0 OOO1 V •-+ 1� v M •� r• 1 1 E N O C 011� D N N O ID N r N 0 u N O C 1 � CO r- VO r NCT IV r M N r r O M u v v u 1 1 rnco r03cr, ILI Ln Lo O cn O C Ir :Zf- N I` N COS 1T Ln 1-00 V v L1')C'M•-LD Ln O o •� N I f I I I I 1 1 I 1 1 I I I I I I I I I M M CT IC 1 1 I M. 1 O O I -1 CC O% O M V' C• CD �r Lo Ln N M N M C� CD M VO 0) I C M r-L rn Lo C7 • M CO n 1 dr I :I N I• Ol N co n O If Ln L Ln 1 N L ME I®' III LO N IL J N 00 I than 5% of the midden by weight. The most ubiquitous shell in the archaeological sites of North Kona is the Snake -head Cowry (Cypraea caputserpentis). Found in 79% of the excava- tions and accounting for 180 of all midden by weight, this leho (Cypraeidae, cowry) was the main pupu (gastropod snack) for the Hawaiian peoples of North Kona. This reflects the ecology of the adjacent rocky sea coast, which favors the Cypraeidae over 'opihi, rather than any selective predation by Hawaiians. The second most numerous molluskan component of the midden is the closely related Reticulated Cowry (Cypraea maculifera) which accounted for 16.70 of the midden by weight and shares much the same ecological niche as the Snake -head cowry. Small sea urchins of a variety of common shallow water species including Echinometra sp., Diadema paucispinum, and Colobocentrotus atratus collectively (these species were lumped as "other sea urchins" as they are most time-consuming to separate out and share similar ecological niches) accounted for 32.8% of the midden. Kukui nuts accounted for 8.0o of the midden. While some of these nuts doubtlessly were carried into the sites by rodents or simply fell from kukui trees which may have once grown in proximity of the sites, analysis of the endocarps suggests that the majority were utilized by man (for food or light) and thus they are treated collectively. Other common midden components were the rock -clinging Thaididae species, the pipipi (Nerita picea), cone shell species --particularly Conus catus, and fish bones. Most of the species of marine invertebrates present in the midden are reef or rocky shore dwellers commonly found in less than four feet (1.3 m) of water. They are easily gathered at low tide. The shellfish species present indicate the tradi- tional subsistence pattern of inshore collection. This collection was historically a function of the women and children (Handy and Pul;ui, 1958). Of the species present, only Conus distans would be uncommon in the intertidal zone. A number of fish bones were identified. Unfortunately, there is a strong bias in fish bone identification in which those 95 fish with distinctive mouth parts or spinous processes are most easily identified. A common species, genus, or family is overlooked if its bones are nondescript while an uncommon species may be readily identifiable. Fish bones and teeth indicate that the following are definitely present in the midden: parrotfish of the general Calotomus (ponuhunuhu) and Scarus (uhu); at least two Porcupine fish Diodon sp. (kokala); at least five fantail file fish Pervagor spilosoma ('o'ili- uwe-uwi); a Requium Shark (Carcharhinidae, mano); a large wrasse (Labridae); and a member of the Jack Fish family Carangidae. The Concentration Indices (C.I.) for the sites within the project area (Table 3) were generally quite low with the notable exception of Sites 18, 19, 37 Feature G, and 50. The C.I. for all excavations which produced midden was 120 grams per cubic meter of matrix, and the C.I. for all formal excava- tions (including those where no midden was found) collectively was 110 grams per cubic meter of matrix. However, these moder- ately high collective C.I. values are a reflection of the relatively high concentration of midden in Site 18, 19, and 50. The midden C.I. value for all sites other than these three was a miniscule 14.2 grams per cubic meter of matrix. This suggests a general lack of long-term or intensive habitation at any sites in the project area other than Sites 18, 19, and 50 (Feature G of Site 37, with a midden C.I. value of 367 may have had inten- sive utilization). Although marine invertebrates accounted for 83.5% of the midden, comparison with midden data from other Hawaiian archaeo- logical sites reveals that this midden sample was particularly notable for the about of mammal bone present. While mammal bone only accounted for 5.67o of the total midden, this is far more than at most Hawaiian sites. Using suggested conversion factors for bone/shell:meat ratios (following Kirch 1982, p. 471) and percent protein conversion factors (extrapolated from U. N. food composition tables) yields the following data: TABLE 3. Site CONCENTRATION INDICES OF MIDDEN FOR SITES AND SELECTED FEATURES Cubic o Meters Total Mammal Excavated Midden Bone EXCAVATED % Marine Midden C.I. 9 1.1 15.4 1.9 20.8 14.0 12 0.25 8.0 0.0 100.0 32.0 16 1.5 7.1 0.0 100.0 4.7 18 all features 7.39 916.1 12.6 63.8 124.0 18 Feature A (cave) 2.38 308.6 14.9 41.5 129.7 18 Feature C 1.86 254.5 19.5 78.2 136.8 18 Feature D 2.75 361.3 5.5 71.1 131.4 19 Feature A 3.06 2,020.0 2.5 96.2 660.1 20A 5.45 1.7 17.6 82.4 0.3 30 2.9 18.2 0.0 83.0 6.3 33 1.09 9.2 0.0 94.6 8.4 37 all features 4.21 202.3 4.7 87.1 48.1 37 Feature C 2.7 105.4 9.0 86.3 39.0 37 Feature G 0.24 88.1 0.1 86.7 367.1 50 0.12 46.8 0.0 98.3 390.0 All sites 29.41 3,244.8 5.5 85.6 110.3 97 MEAT MIDDEN WEIGHT PROTEIN WEIGHT REPRESENTED REPRSENTED FOOD (GRAMS) (GRAMS) (GRAMS) Shell fish 2,709 ,. 8 3,008 451 Fish 82.8 1,656 331 Mammals 177.0 2,950 1,475 While these values should not be construed as anything more than a ballpark estimate of the order of magnitude of the meat consumed in the area actually excavated, these conversions indicate that mammals (pigs, dogs, rodents) supplied about twice as much protein as did marine resources in the food consumed within the project area. Four sites (18, 19, 37 Feature G. and 50) were notable for particularly high concentrations of midden. Site 18 (C.I. of 124) was notable for a relatively large amount of total midden (916 grams), an abundance of mammal bone (116 grams, 12.7% of all midden), the presence of bird bone (too fragmen- tary for identification but not chicken), and the presence of the uncommon brackish -water loving Theodoxus, and of the small auger shells (Hastula inconstans) which may have been collected for use as tools. The abundance and diversity of midden suggests long-term or frequent occupation of this site. The relative abundance of pig and dog bone suggests high status or special function. Bird bone picks were found at 18D which further attest to food consumption at this site. Site 19 was notable for the largest quantity of midden (620 of all midden collected), the highest midden C.I. (660.1), the abundance of sea urchin and crab remains, and the abundance and diversity of fish bone (including Diodon, Calotomus, Scarus, Caranx, Labridae, shark and a minimum of five Pervagor). The abundance of sea urchin and crab remains suggests ritual utili- zation of this site. Site 37 Feature G was notable for the presence of Hastula inconstans and fragments of the gourd Lagenaria siceraria. The 86 LU Q W Ln C +1 N 4J co to -W i C) OJ 1- n 0) -zr O m Q) 00 07 +1 i 41 41 10 iL 1EE0 m E 10 L 10 N E 00 E co 3 L 0000 i L a (n b Cn CJ 10 D• M O O 00 O r1 Ln N h• CO a' N a7 Ln CV lD co co O O O O O M r O) Cl) N r--1 O O O O n O tD O co r O O O O N O O N O O O O O O O O O O O O LO CD OM OO �O O O Ln O M .+ N O O N D) O O O O O t0 CO O r` 00 0) O co Q) Q) O) 0) 00 D) O tD O O O O O tD O V O N O N O O N �r m r, CO O O O O O a• r- co co N r` to M r - C• r+ O O O O O � 00 co(n ID m r` O O O M O M r- 00 -cl• O N Ln Cn C Ln V) N N ll '-I 00 00 tD LD M r N O N 10 O) r 10 •f6 r0 _ r0 -� 0 3a ro L x v 10 2 r x O S r0 10- ro Y p r Y r0 p I O p b Cp 10 `p 16 p b ro 1v Y LZ x ]G J Y J Y x f 3 0 3 0 C CO U) 1 co 16 N 'U r 0) O m 1E lD H +� •r 10 ^ .. N N E O ++ O I N L n r O N 10 U r0 Q 7 I L. I r0 O r9 r0 O ro 4� ro Q Q 3 J Y S J Ln O Ln O excavated features and nearly six times the indices calculated for the occupation platforms at Site 18. Clearly intensive use of this site for food preparation and/or consumption is indicated by the excavations. The percentages of separate midden compon- ents show a low ratio of mammal bone in relation to marine midden. The artifact assemblage is typical of a site of this type being small and predominately volcanic glass. The stratigraphic units on the terrace itself show a single occupation component although two sub -units of this layer were delineated in the mauka soil area (Trench 3). A test pit at the southern perimeter of the site (Trench 5) showed that cultural material probably occurs in all level soil -filled areas around the site and extends beyond the specific areas excavated. The two radiocarbon dates from the main terrace excavations indicate occupation from the mid-1600's onwards. The intensive long-term occupation of this site as indicated by the unusually high midden concentration distinguishes it from all other features in the project area. However, the concentra- tion index is within the upper part of the range for sites excavated by Schilt for the Kuakini Highway realignment. Although most of the Kuakini sites showed an index below 400, a few ranged from 800 to 1,000 (Schilt 1984:49). Burial Sites There are two burial sites found within the project area which comprise three separate features (Sites 20A, 46A, 46B - see Fig. 3 for locations). Sites 46A and B (figs. 20-22) in the northwest portion of the property adjacent to the north boundary wall consist of a free-standing platform with plentiful coral on the top surface and two connected platforms on the edge of a prominent outcrop. These features almost certainly contain at least one burial per platform and may contain multiple secondary burials. Because of the virtual certainty of these features containing burials and the possibility that they may be preserved intact, they were not tested or excavated. 111 In general, the individual features of Site 18 show an integration of features around a central enclosure which mark it as a well-defined residential complex in which the separate features probably served specialized functions within the context of a traditional Hawaiian kauhale dwelling. The single radiocarbon date from the complex was obtained from charcoal within the cave (feature A). It is the oldest date within the project area and confirms the general pattern of early use of caves for shelter. Site 37 Complex This complex of features (which spacially includes Site 9) is similar to the 18 complex with a central low walled enclosure, surrounding platforms, and a cave feature. It differs in having two walled enclosures (animal pens) and is less spacially integrated. The main occupation features are feature C and Site 9 platforms with the greatest quantity and concentration of midden occurring in feature C (105 grams total with a concen- tration index of 39). The concentration index is considerably lower than those of the platforms at Site 18. The other occupa- tion features contain only minor amounts of midden materials. The artifact assemblage for the complex as a whole is small and consists mostly of volcanic glass. The site is again interpreted as a residential complex or kauhale but compared to Site 18 is less formal and shows less intensive use. q;+o 1ae This site consists of an .informally constructed terrace adjacent to a small lava blister. The terrace is of informal construction with the fill of the terrace and the soil retained behind it containing the main concentration of occupation debris. Although this site is typical in design and configuration of the many other occupation terraces excavated within the Kona Field System (Hammatt et al. 1986: Site 7967) excavation showed an unusually high concentration of midden materials. The concentra- tion index of 660.1 is many times more than those of the other 110 Occupation Sites There were twelve separate features tested which were suspected occupation features. Some of these contained only scattered evidence of use with small quantities of shell midden and in some cases volcanic glass. The concentrated area of occupation activity occurred within the site complexes at the 550' elevation in the center of the project area (Sites 9, 37, 18 and 19). This clustering of complexes is unusual in relation to the generally more dispersed settlement pattern in the Kona Field System. The occupation sites in the "Ginter" parcel bordering to the north are not only dispersed but also generally consist of single feature sites. This clustering is best ex- pressed in Sites 18 and 37. Site 18 Complex This complex (Fig. 8) consists of a low walled enclosure with two adjoining platforms at the mauka end and an enclosure and terraces at the makai end. In the enclosed central area is a small occupation cave shelter making a total of six separate features. The complex is surrounded with terraced planting areas and has a low wall extending mauka off of the north end. The major artifact assemblage came from the cave, mostly volcanic glass. However, the two mauka platforms (features C and D) showed plenti- ful food residue. The concentration index of midden, both marine shell and mammal bone, was higher in both platforms than in the cave. Less than 10 grams of midden was recovered in the makai enclosure (feature B). Perhaps most significant is the unusually high percentage of mammal bone in platform feature C. The mammal bone component of the midden is overwhelming pig with smaller quantities of dog and miniscule quantities of rat. Pig consump- tion among traditional Hawaiians was restricted to men,and a large percentage in the midden may indicate a specialized function for this platform --such as a men's house or "hale mua." The adja- cent platform (feature D) shows a comparable concentration of midden but significantly less mammal bone. INK A North/South running wall --Site 51--separates the makai one third of the property. Makai of this wall the land is more level and is dominated by large areas of flat exposed bedrock. Aboriginal agricultural features occur here only at the southern portion (Site 44B) and along sloping portions of flows (Site 43C). These agricultural features appear in every way typical of those occurring in similar environments throughout the lower Kona slopes,and their configuration is similar to those documented for the adjoining "Ginter" parcel to the north (Hammatt and Clark 1980). The more intensive use of slopes and soil -mantled areas on older flows with soil retaining terraces following the slope and mounded kuaiwi walls perpendicular to the slope are all common patterns of prehistoric dryland Kona agriculture. The soil fill of a well -made agricultural terrace was trenched for a stratigraphic profile (see Site 36 description). This profile is considered a type locality for the stratigraphy of similar features in the area. The three basic units are cor- related to those occurring in occupation sites and consist of a modern organic and silt A -horizon (Stratum I) 5-10 cm thick and divided into sub -units Ia and Ib. Stratum II is a generally darker loose, silt loam and Stratum II is yellowish brown weathered silt loam derived from Pahala ash. It is of interest that the cultural material in the occupation sites always occurs in Stratum II. This stratum appears to be the result of a natural geologic regime -- increased slope wash --resulting from land disturbance for develop- ing dryland agriculture. The sharply defined lower boundary of this unit would indicate a relatively sudden event, perhaps initial land clearing, followed by slope erosion with localized stabiliza- tion by terracing of slopes for planting. Widespread land clearing would certainly be recorded in regional stratigraphy, but it's record is probably only preserved in localized environments of deposition. In more exposed areas the stratigraphic sequence would be altered or mixed by modern erosion. For example, a test trench in a soil area adjacent to Site 18 Feature C (Trench 2) revealed a horse tooth in a Stratum II context. In this locality Stratum II is clearly mixed with modern sediments. m TABLE 5. SUMMARY OF ARCHAEOLOGICAL SITES continued (p. 4 of 4) SITE # DESCRIPTION STATUS COMMENTS/ASSOCIATIONS 41 Agricultural terrace Surveyed/sketch map Pre -historic? 42A Agricultural terrace Surveyed/tested/ Pre -historic? & adjoining U-shaped mapped 1" = 10' planting area 42B 2 adjoining agricul- Surveyed Pre -historic? tural terraces and planting areas 43A Modified outcrop Surveyed Includes small blister/bubt cupboard size 43B Terrace on makai side Surveyed Probable agricultural featL of pahoehoe bluff 43C Agricultural terracing Surveyed Agricultural features & associated soil area 44A Modified bluff face Surveyed/cave Possible storage feature with small bubble/cave tested (cave) 44B Agricultural complex; Surveyed Kuaiwi type walls in area low mounded walls of gentle slope and terraces 45 Modified outcrop with Surveyed/ sketch Forms makai (west) end of 2 caves map 44B complex 46A Modified outcrop with Surveyed/mapped Pre -historic? probable bur- 2 well-built platforms 1"= 4' platforms 46B Roughly oval well- Surveyed/mapped Probable burial platforms; built platform 1"=4' lots of coral visible 47 Modified outcrop with Surveyed/tested - collapsed and filled bubble 48 Modified outcrop with Surveyed/mapped Modification includes cupb( bubble shelter on 1" =5' possible habitation 49 Minimally modified Surveyed - outcrop 50A Oval enclosure Surveyed/tested Habitation and agricultura' pre -historic? 50B Small cave shelter Described only Probably associated with 5( just makai of property line 51 Cattle wall Surveyed - 107 TABLE 5. SUMMARY LIST OF ARCHAEOLOGICAL SITES continued (p. 3 of 4) SITE # DESCRIPTION STATUS COMMENTS/ASSOCIATIONS 29 Terrace and large Surveyed Large level area possible bulldozE level area 30 Platform/mound Surveyed/tested 31 Linear mound and Surveyed modified outcrop 32 Discontinuous terrace Surveyed wall 33 Terrace w/cupboard Surveyed/mapped on 1"=5'/tested 34 Agricultural features Surveyed mounds/terraces 35 36 37 37A 37B 37C 37D 37E 37F 37G 38 39 40A 40B Continuation of agri- Surveyed cultural features of #34 Tested for burial: none present Agricultural features Agricultural feature at base of steep rocky slope Habitational feature - prehistoric Agricultural features on steep slope; short terraces and mounds on small outcrops Agricultural features on steep slc Well-built agricultur- Surveyed (sketch At base of slope with large soil al terraces map)/tested areas both mauka/makai of terrace structure Agricultural and habitational features - pre -historic Rectangular enclosure Surveyed/on 1"=20' map/tested Rectangular enclosure Surveyed/on 1"-20' map Terraced platform Surveyed/on 1"=20' map/excavated Large roughly Surveyed/on 1"=20' rectangular enclosure map Platform/mound Surveyed/on 1"=20' map Platform and adjoin- Surveyed/on 1"=20' ining enclosure map/tested platform Blister/cave shelter Surveyed/mapped on 1"=lm/tested Agricultural terrace Surveyed Agricultural terraces Surveyed Agricultural terrace Surveyed Linear mound Surveyed Possible habitation/or animal pen Possible animal/pig pen Habitational feature Probable agricultural feature Probable agricultural feature Probable habitational feature Probable habitational feature In terrain of large soil areas on gentle slope 106 TABLE 5. SUMMARY LIST OF ARCHAEOLOGICAL SITES continued (p. 2 of 4) SITE # DESCRIPTION 18A Cave shelter and entrance area 18B Oval -shaped enclosure 18C Platform, part of mauka back wall of 18 complex STATUS Surveyed/mapped T =20' and 1"= 10' tested/excavated Surveyed/on 1=20 map/tested Surveyed/excavated on 1"=20' map COMMENTS/ASSOCIATIONS Pre -historic; part of habitatior and agricultural complex Probable habitational enclosure Habitational feature 18D Platform similar to Surveyed/excavated Habitational feature 18C on 1"-20' map 18E Two ajoining features Surveyed/on 1"-20' Two enclosures form enclosure; map habitation 18 (general) includes enclosures (1 north, the other south of cave 18A with ramp -like feature to northeast of 18-C platform and agricultural features to north, east and south. All on 1"=20' map. 19A Habitation terrace Surveyed/mapped Pre -historic habitational featur and blister shelter on 1"-20'/tested with heavy midden deposit 19B Terrace Surveyed/on 1"=20' Possible habitational feature - map 19C Terrace retaining Surveyed/on 1"=20' Probable agricultural feature; wall map includes mound 2OA Platform (burial) Surveyed/mapped on Pre -historic burial in small cav 1"=4'/excavated below platform 2OB Oval mound Surveyed Probable agricultural feature built on bedrock 2OC Oval mound with Surveyed/tested Probable agricultural feature wi cupboard cupboard basalt scraper in cupboard 21 Rectangular mound Surveyed Probable agricultural feature 22 Agricultural terraces/ Surveyed (mauka Rough terracing on rocky slope mounds terrace w/Site 23 map 23 Agricultural feature Surveyed/mapped on Well-built agricultural features terraces/mounds/soil 1"=20' on steep slope areas 24 Bifaced stacked Surveyed Historic? probable cattle wall boulder wall 25 Well-built terrace Surveyed Agricultural features and low -mounded wall 26 Bifaced stacked Surveyed Stacked boulder wall becomes mou boulder wall makai of Wall #24 27 Agricultural terrace Surveyed In area of steep rocky slope 28 Agricultural terrace Surveyed Near base of steep rocky slope v� areas makai (west) 105 TABLE 5. SUMMARY LIST OF ARCHAEOLOGICAL SITES SITE # DESCRIPTION STATUS COMMENTS/ASSOCIATIONS 1 Cinder block burial Surveyed; oral Historic - 3 known individuals enclosure history (per conv. Mary Green) 2 Set of agricultural Surveyed - original Possible historic component terraces reconnaissance (World War II?) 3 Agricultural complex Surveyed - original No habitational features terraces & mounds reconnaissance 4 Agricultural features Surveyed - original - on steep slope reconnaissance 5 Agricultural complex Surveyed/relocated Includes steep rocky slope and and modified outcrops and new description level soil areas 5A Oval platform Surveyed/excavated Checked for burial / no culture Photos & small map 6 L-shaped terrace Surveyed/relocated Agricultural feature Small sketch map 7 Voided Actually added to Site #8 8 L-shaped possible Surveyed/relocated Part of a modified outcrop with 8A habitation terrace Part of #37 map 1"=20' 8A Rectangular enclosure Surveyed/relocated On same modified outcrop as #8 - possible habitation on Map #37 1"=20' good view of coast 9 Habitation terrace Surveyed/tested Pre -historic? includes multiple On #37 map 1"=20' levels (3) and cupboard 10 Agricultural terrace Surveyed/ with At base of rocky slope with level sketch map soil areas Modified outcrop Surveyed Ver11 surveyinimal referencceipointion; used a 12 Modified outcrop with Surveyed/map drawn/ Prehistoric? Cave not heavily use' cave shelter tested 13A Circular enclosure Surveyed/map drawn Probable agricultural feature enclos- and C-shape ing soil areas 13B Modified outcrop Surveyed, Minimally modified low pahoehoe outcrop 14 Agriculture terrace Surveyed Includes soil areas and additional agricultural features 15A Rectangular enclosure Surveyed/mapped on Probable animal (pig) pen 1"=5'/tested 15B Oval mound Surveyed Agricultural feature (rock clearance mound) 16 Platform/modified Surveyed/separate Prehistoric? includes volcanic outcrop map/tested glass, adz fragment, midden 17 Modified outcrop Surveyed Agricultural feature in large soil area 104 IX. SUMMARY OF RESULTS This project involved survey, testing, and selective excavation of archaeological sites within a 32-acre parcel in Kapala'alaea, Kona. It is a follow-up of a reconnaissance con- ducted in 1985 (Hammatt et al. 1985). In the 1985 reconnaissance forty-nine sites were located, briefly described and evaluated as being typical features of the "Kona Field System." Further in- vestigation including survey, testing, and selective excavation was recommended. In the present project a total of fifty-one sites were located and documented. Many of these sites consist of separate individual features which were mapped as complexes. In all, twenty-three features were tested and seven of these were further studied with expanded excavations. A summary list of sites and features with work done on each of them is shown in Table 5. Agricultural Sites The project area has not been modified by modern bulldozing except in the mauka, north portion of the property where land has been leveled and graded for a house and access road. The only modern impact on the rest of the study area has been cattle graz- ing. Judging from the present state of the vegetation and land surface cattle grazing has never been a consistently heavy use. As a result, aboriginal agricultural features such as terraces, mounds, low mounded walls, and cleared planting areas, where they -occur, are well preserved. These are found fairly evenly through- out the mauka section of the property where their distribution is concentrated mainly on the older lava flow surfaces. The younger flow surface has a thick cover of air plant and appears to be mostly unmodified in comparison to the older pahoehoe with more soil mantle. The agricultural features are especially well expressed in these areas, particularly Sites 22, 23 (Fig. 12) and on the slopes north of Site 19 (Fig. 3). 103 among the earliest occupied sites in the Kona slopes, and this seems to be a consistent chronological pattern. However, a cautionary observation is that radiocarbon dates from surface sites could be generally later in age because of mixing with more modern burned materials which would not occur in caves. The two radiocarbon dates from Site 19A show an age range consistent with other heavily utilized surface sites in Kona (Schilt 1984:284). However, CS sample number 7 may be mixed with modern vegetation burning. The sample from Site 15 has a comparable range. The proposition that pig pens are later developments in Kona slope agriculture cannot be conclusively demonstrated from this dated sample, but it is still a reasonable hypothesis. The charcoal dates obtained from these sites are of similar age range to those from sites in the adjacent "Ginter" parcel (Hammatt and Clark 1980:82)--although the "Ginter" dates were not corrected for C13/12 isotopes nor were the calendar ranges calculated. In general, both chronologies show initial occupa- tion (in caves) around 1400 A.D. with continued development of dryland agriculture and occupation of scattered surface sites to European contact. 102 VIII. DATING ANALYSIS A total of ten charcoal samples were collected from seven separate sites. Of these, samples were sorted for "datability" on the basis of purity and size. It was considered important to attempt radiocarbon dating of that full range of site types to develop a broad chronology of occupation. To this end, samples were submitted to Beta Analytic Laboratory from cave site 18A, occupation terrace 19A, and an animal enclosure --Site 15. According to previously documented chronological patterns (Schilt 1984:284-285, Hammatt and Clark 1980) the cave deposits should show the earliest occupation with the more intensively used sur- face site (19A) showing later activity. Pig pens are thought to be a later addition to kula land agriculture in Ilona (Schilt 1984: 284). To test this proposition, a sample was submitted from Site 15. The results of the radiocarbon measurements with C12/13 adjusted ages and calendrical time ranges (Klein, et al. 1982) are presented below: C S Site, Trench, C14 Age C13/12 Adjusted Calendar # Beta # Stratum, Depth B.P. Age B.P. Range A.D. 3 16472 Site 15, Tr.1, 190-50 -27.35 150-50 1645-1950 St.I? 0-10 cm 0/00 5 16473 Site 18A, Tr.1 390-60 -24.28 400-60 1405-1620 extension, St. I, 0/00 20-30 cm 7 16474 Site 19A, Tr.lA, 100.8- -24.04 100.6- 1660-1945 St.II, 128 cm bd. 3.3% 0/00 3.30 modern modern 8 16475 Site 19A, Tr.lA, 150-50 -26.66 1200-50 1655-1950 St.II, 130 cm bd. 0/00 B.P. As is consistent with other Kona chronologies, the date from cave site 18 feature is the oldest with a calendar range of 1405 to 1620 A.D. It is reasonable to expect cave shelter sites to be 101 high C.I. values for 37G (367.1) and for Site 50 (390) suggest substantial occupation of these sites. In summation, the midden data suggest substantial human occupation of Sites 18, 19, 37G, and 50 but do not support intensive long-term use of any other sites within the project area. The abundance and composition of the midden from Sites 18 and 19 suggest high status and ritual utilization of these areas. As a whole the midden assemblage from this project is unusual in the relatively large amount of dog and pig bone present. While mammal bone only accounted for 5.50 of all midden, it probably accounted for two-thirds of all animal protein consumed in the project area. Owing to problems of sample size, lack of clear stratification.and deep deposits, and problems associated with sloping terrain and filtration through cobble fill, no clear pattern of changes in midden assemblage over time could be deduced. 100 Site 20 Feature A is a free-standing rectangular burial platform which was almost completely excavated. The poorly preserved partial skeleton of a single individual was recovered from a natural lava fissure in the bedrock underlying the plat- form. The skeletal remains were removed and temporarily relo- cated to a rock crevasse at Site 46A. Land Use and Settlement Patterns This 32-acre parcel is a small segment of an archaeologi- cal record showing an extensive aboriginal use of the lower Kona slopes. However, as each segment is studied archaeologically, it adds another vignette to the larger picture of Hawaiian use of the region. The information generally is spatially scat- tered and generated with differing techniques and points of view, and for this reason comparison of different project areas is fre- quently difficult. However, the authors of this report also performed the research on the larger "Ginter" parcel (Hammatt and Clark 1980) bordering the present study area to the north. Qualitative comparisons can be made of differing settlement patterns and land use as follows: 1) In terms of intensity of agricultural use as measured by degree of land modification --cleared planting areas, mounds, terraces, and field boundary walls --many portions of the Ginter parcel were more intensively used than the most modified segments of this study area. Since the same ahupua'a is in- volved, this difference is probably a function of topography--younger-flow, less soil, and less soil - mantled slope areas. Once again this emphasizes the traditional Hawaiian sensitivity to microtopo- graphic variation in agricultural development. 2) In terms of settlement density as measured by num- be of occupation sites per acre, the "Ginter" parcel study showed one occupation site for 7.75 acres. The present study area shows one occupation site 112 per three acres (or even less if individual occupation features of each complex are included). This difference is not believed to be explainable in terms of variation of land productivity since the Ginter parcel is more intensively modified for dryland planting. The higher density in the present study may be a reflection of a later shift to more concentrated settlement as a result of more productive and more labor intensive crops. 3) In the "Ginter" parcel the occupation sites were observed to be spacially scattered and generally consist of only one or two features. In the present study area, habitation shows a spacial concentration parallel to the slope around the 350-foot elevation and includes integrated complexes of multiple features (Sites 18, 37, see Fig. 3). 4) The settlement in the "Ginter" parcel shows intensive occupation in caves and cave shelters with less activity occurring on surface sites. The present study has no lack of caves --Sites 12, 37G and 18A are comparable in size to heavily occupied caves in the Ginter parcel. However, the general pattern seems to be the opposite. Cave Site 37G showed the most material of all three cave sites, but the concentra- tion index of midden and artifacts is now the highest. The other two caves showed only scattered evidence of use. The surface features in contrast generally show heavy occupation with the culmination at Site 19A. This, too, could be a chronologically later development in the settlement patterns of the Kona slopes than that observed in the "Ginter" parcel. Naturally, it is simplistic to explain the observed differ- ences in settlement in two adjacent parcels in terms of chronologi- cal development alone. Clearly, both were used contemporaneously. 113 However, it appears that for some reason the larger, more nucleated and probably later settlement clusters occur in the present study area and not to the north. It appears that this trend continues and intensifies southwards into Kahalu'u and Keauhou where the archaeological record of late prehistoric settlement is even more evident (Hammatt and Folk 1980, Hammatt et al. 1981) . 114 X. SIGNIFICANCE AND RECOMMENDATIONS Although there are well-preserved agricultural features on the property due to the general lack of modern land modification, they are typical of those found in many adjacent areas. Areas of well-preserved and more intensively developed agricultural features have been preserved in the "Ginter" parcel to the north and have been preserved and restored in the mauka areas of the Greenwell Estate. Preservation of agricultural features in the study area is therefore not recommended. Essential information has been gathered from the scattered habitation sites, and the features of complexes 18 and 37 and Sites 9 and 19 have been sampled and in some cases more thorough- ly excavated sufficient to generate comparative material. The only site in which further excavation could be justified is Site 19A. The site is unusually rich in midden materials, and the full horizontal extent of the cultural layer within surrounding soil deposits has not been defined. The information generated through further excavations would be generally complimentary to that presented in this report. None of the above sites is recommended for preservation and is considered for its research potential alone. The single burial excavated from Site 20A was temporarily relocated to the burial platforms--46A and B. These platforms are believed to contain the only other burials on the property. Depending on development plans, the structures could be pre- served intact with the burial from 20A permanently remaining here. However, if development will impact these structures, then they should be excavated and the skeletal materials re- located to another place. 115 XI. REFERENCES CITED Baker, Albert H. 1916 Between the Bays in Kona. Hawaiian Annual, 1916, T. G. Thrum, Honolulu. Barrerre, Dorothy B. 1970 Survey of Historical Materials Pertaining to Makaha Valley.in R. C. Green, ed., Makaha Valley Historical Project. Pacific Anthropological Records 10, Bishop Museum, Honolulu. Ching, Francis, K. IV., et al. 1973 The Archaeology of North Kona, Surface Survey Realignment of Ali'i Drive. Hawaiian Archaeological Journal 73-2, Lawa'i. David, B. D. 1984 The Halekulani Hotel Site. Archaeological and Historical Investigations in Waikiki. Bishop Museum Manuscript 022384. Ellis, William 1917 Narrative of a Tour Through Hawaii. Hawaiian Gazette, Honolulu. Hammatt, Hallett H. 1980 Archaeological Surface Survey of a 178-Acre Parcel in Na Ahupua'a, Kaumalumalu, Pahoehoe, Kona, Hawai'i Island. ARCH 14-203 II. , and Stephan D. Clark 1980 Archaeological Testing and Salvage Excavations of a 155-Acre Parcel in Na Ahupua'a, Pahoehoe, La'aloa, and Kapala' alaea, Kona, Hawai'i Island. ARCH 14-152 . , and W. H. Folk 1980 Archaeological Survey, Phase II.1, Portions of Keauhou- Kona Resort, Keauhou and Kahalu'u, Kona, Hawaii Island. ARCH 14-177 II.l. , W. Folk, and J. Ida 1981 A Plan for Archaeological Salvage Research, Keauhou-Kona Resort Area, Keaubou and Kahalu'u, Kona, Hawai'i. Archaeological Research Center Hawaii. , W. Folk, and D. Shideler 1984 Archaeological Survey, Testing and Excavation of a 174- Acre Parcel, Holualoa, Kona, Hawai'i. Cultural Surveys Hawaii. 116 Hammatt, II. H., D. Borthwick, and D. Shideler 1985 Archaeological Investigations at the Wai'anae Army Recreation Center, Poka'i Bay, Wai'anae, Oahu. Cultural Surveys Hawaii. 1985. Archaeological Reconnaissance of a 31.9-Acre Parcel, Kapala'alaea, Hawai'i Island. 1985A Archaeological Survey and Testing of a 6-Acre Parcel Above Magic Sands, La'aloa, Kona, Hawaii, Cultural Surveys Hawaii. 1986 Archaeological Survey and Excavations on a 20-Acre Parcel, Holualoa, Kona, Hawai'i Island. Cultural Surveys Hawaii. Han, T. L., S. Collins, S. D. Clark, and Anne Garland 1986 Hawaiian Mortuary Practices in Keopu, Kona, Hawaii. Bishop Museum Anthropology Department Report Series 86-1. Handy, E.S.C. and E. G. Handy 1972 Native Planters of Old Hawaii; Their Life, Lore and Environment. B. P. Bishop Museum, Bulletin 233, Bishop Museum Press, Honolulu. , and M. Pukui 1958 The Polynesian Family System in Ka'u. Hawaiian Polynesian Society, Inc., Wellington, New Zealand. Hammond, R. and P. Rosendahl. 1983 Archaeological Investigations of the Ali'i Drive Realignment Corridors, North Kona, Hawaii. Science Management Inc. Hudson, A. E. n.d. The Archaeology of East Hawaii. B. P. Bishop Museum. Manuscript. 'I'i, John Papa 1959 Fragments of Hawaiian History. (Mary Kawena Pukui, trans.; Dorothy Barrere, ed.),Bishop Museum Press, Honolulu. Kamakau, S. M. 1961 Ruling Chiefs of Hawaii. Kamehameha Schools Press, Honolulu. Kirch, P. V. 1982 The Ecology of Marine Exploitation in Prehistoric Hawaii. Human Ecology, Vol. 10, No. 4, 455-475. 1985 Feathered Gods and Fishhooks. University of Hawaii Press. 117 Kirch, P. V. and Marion Kelly, eds. 1975 Prehistory and Ecology in a Windward Hawaiian Valley, Halawa Valley, Molokai. Pacific Anthropological Records No. 14, Bishop Museum, Honolulu. Klein, J., J. Lenman, P. Damon and E. Ralph 1982 Calibration of Radiocarbon Dates. Radiocarbon Vol. 24, No. 2, pp. 103-150. Kuykendall, Ralph S. 1968 The Hawaiian Kingdom. Volume I 1778-1854, Foundation and Transformation. University of Hawaii Press, Honolulu. Lyman, F. S. 1880 Certificate of Boundaries No. 128, Holualoa 4th, Kona, 'Akau, Hawai'i. Menzies, Archibald 1920 Hawai'i Nei 128 Years Age. (Edited by W. F. Wilson), The New Freedom Press, Honolulu. Newman, T. S. 1970 Hawaiian Fishing and Farming on the Island of Hawai'i in A.D. 1778. Division of State Parks, Department of Land and Natural Resources, Honolulu. Pukui, Mary Kawena and Samuel H. Elbert 1971 Hawaiian Dictionary. University of Hawai'i Press, Honolulu. Reinecke, John 1930 Survey of Hawaiian Sites from Kailua, Kona to Kalahuipua'a, Kohala. B. P. Bishop Museum Manuscript, Honolulu. Schilt, R. 1984 Subsistence and Conflict in Kona, Hawaii. An Archaeolog- ical Study of the Kuakini Highway Realignment Corridor, Departmental Report Series 84-1, Bishop Museum, Honolulu. Schousboe, R., M. Riford and P. Kirch 1983 Volcanic Glass Flaked Stone Artifacts in Archaeological Investigations of the Mudlane - Waimea - Kawaihae Road Corridor. Clark and Kirch (eds.), Departmental Report, Series 83-1, Bishop Museum, Honolulu. Soehren, L. J. and T. S. Newman 1968 The Archaeology of Kealakekua Bay. Special Publication, University of Hawaii and B. P. Bishop Museum, Honolulu. Soehren, L. 1978 An Archaeological Reconnaissance Survey of a Portion of La'aloa, North Kona. 118 Stokes, J. F. G. 1919 Heiaus of Hawaii. B. P. Bishop Museum Manuscript, Honolulu. Thru, Thomas G. 1890 Alphabetical List of Sugar Plantations, Mills and Cane. 1893 Growers Throughout the Islands. 1895 Hawaiian Annual, 1890; 1893; 1895. Thomas G. Thrum, Honolulu. 1907 Tales from the Temples, Hawaiian Annual 1908. Thomas Thrum, Honolulu. Winne, J. L. 1928 Kuakini and Hulihe'e. The Story of the Kailua Palace, Kona, Hawaii. Daughters of Hawaii, Honolulu. 119 XII. APPENDIX - Master Artifact Catalog - Catalog of Charcoal and Soil Samples 120 O S.- 0 tD W J d Q a, v a) u Y Y ^ R 0 4- 4-• a N L17 L N N N N N N N N N N N N W ae 0 m N a) N N a) a a1 a) a) a1 a) a) a) 0) w lU al a) a a N a) a) a) a) CJ N Y (LYY aJ Y Q1Y 4lYYY Y aI Y.Y a)Y Y Y Q1 Y a1Y Y Y al"OYYYY O O ro ro r 0 ro i ro i R L ro R R ro L R R L ra U ro ro L R L R R R L. R R ro R R U U 4- +� U 4- 4- OU 4- OU 4- 4- 4- 4- OU 4- 4- OU 4- 41 4- 4- OU 4- OV 4- V- 4- OU 4- 4- 4- 4- I N N N ro N V) N N N N N N N N N N N N LnN N ro N N N N N N N N LnN N N N N In N N N N N N N N N N N N N N N 0 LnN N N N N N N N N N N N N N N N N N ro ro ro R ro ro R ro R R R R R R R 222222 ro ro R ro ro R R R R R R R ro R R o m C) 7 v v v a v T a m o) a 0)0) c) v) rn v rn rn v a a) c, c m rn a v m a) v 1- vvuC, uuuuuuuu uuuUuu 41n)uuuuuu_uuuvuuvu Y 41 11 U i-J +•> i•� �--� �--` +-) i-J {,J i••) }J +J � iJ i•-) i-) i-1 �-.1 U a--1 �•-1 � i-) i-•) .I._+ �--` � �--) +-1 iJ +� +-1 +•) CC:r- r- U R R R O ro R R ro ro R R ro ro ro R R R R R R R O ro W R R rp ro b R rp rp IO }1 I N N N N N N 0 N N N N N N R R R R R ro ro R R R R ro R R R R R R R a) R ro R R R ro R ro R R R R R R C tr7 co al R �cD D]CO 0]C]Mmmp Cp p] tnmmmmm d'mmmmmcom C]tD a][ammLb 00 00 O O O) r 0 O O LD' O O .wiY ....�. v v _ ~ O 1 .O-ii r�LD r-OLn r- 7 r�C r7 r�^00 CT I-NMLn CO 1 U N C7i CO���N Ln - 4 CD 0 0� O N O) r- N O O N.- O p O M N r- r- r- r O O C Ln C M In N In N O O to N W'-+ Ln M O N M N N COO tnMM Z� LD In LnOOM r-O t0 OnNLn Ln O1\ MONn L. 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N O N N O N o to U1LO co cad cad Cd Hrl �rl �rl H Q C cs 2 cs 00 r-i r-i LO LCo 00 LIB 00 Lr) LO O o Co 00 LC) o Ln H 00 N G0 r�-I O d c N N O7 m [) O m O r-1 00 0 00 N m O 00 ro-I N r-- e--i N LO r-I N 00 O rH H H G] Q CO C/] ilk p rrUDa O O N LO N 0-1�N CJ U 00 0 N Lf- O LO 00 N � L— o o� o o o �� Lri Lc,) o rA 0 Cd ct U w 4-J = � + CdNE W Cd pw1 �- LO N .z CO d' O H H H H v H H H QU H H H �-I H Q +yn� CIS CQ (O G1 U� CD C/1 r-1 r-I H H r-1 r-q r- f U .. N N � N F + E &I El H Ei E- � c23 Q) U N L(j C9 00 0 0) 6) Q d Q C Tl 1-I T I i� T T I r i41Z f� O) L� co{ 0O di ow Lo � a) a� of Q% a� Q) a� r� r I C� (j U1 c cc * u co m F a m w V) U) C/) CIO C/] co C/) O r-I ci r 1 n7 C 7 �' Ln Cfl N 00 o O r N N Oroi r-I r-1 rm i r�-I r�I r"; DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAI I DATE: February 16, 2022 TO: Zendo Kern, Planning Director FROM:" Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2022-000017) Request: A-5a TO FA-1 a Applicant: Shawn Maile Nakoa TM K: 7-7-008.062 We have reviewed the subject application forwarded by your memo dated February 15, 2022, and offer the following comments 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 driveway connections and construction within the Pomaikai Street Right -of - Way shall conform to Chapter 22, County Streets, of the Hawaii County Code. 3. Access to Pomaikai Street, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. 4. All development -generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage plan may be required by the Plan Approval process in accordance with Section 25-2-72(3) of the Hawaii County Code. 5. 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. Questions may be referred to Bryce Harada at 961-8042. Planning Dep;. Exhibit 3 County of Hawaii is an Equal Opportunity Provider and Employer 4 s�tY^GF Fei�' Mitchell D. Roth Mayor Lee E. Lord '�; ` w°.Y►' Managing Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 KekuanWa 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 I. Mansour, Director Department of Environmental Management DATE: March 3, 2022 Ramzi I. Mansour Director Brenda D. lokepa-Moses Deputy Director SUBJECT: Change of Zone Application (PL-REZ-2022-000017) Request: Agricultural-5 Acres (A-5 a) to Family Agricultural-1 Acre (FA-1 a) Applicant: Shawn Maile Nakoa Tax Map Key: (3) 7-7-008:062 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. ( j 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. Exhibit 4 County of Hawaii is an Equal Opportunity Provider and Employer Ramzi I. Mansour, Director March 3, 2022 Page 2 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): { ) No comments. { } Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 2 1 - 26.1 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 Hawaii County Code. As shown in attached location mats, subject parcel is within 300 feet buffer of Hawaii County sewer system. ( } 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: RMpls Location Map - TMK 7-7-008-062 37702800 377028062 wawa H�enue 377028011 QQ 377028001, 377028056 37.7,E 37.7028013 377028002 377028049 377028052 -"02£ 377027007 �3770270.06 377028050 770377C77028015377C377028016 377028043 7014 77 804637702701'377029035 377029001 377027029 377029003 37702S 377027027 � 377029010 377027024 377029004 377027031 377029008 37 270 5 377027033 377029005 377027037 77029 ___ 377027096 377027048 , 377029019 770270 47053 377027066 - 3 377027056 T77027065 377029028 377027061 77027070 377029030 377027059 377027058 7027071 377027072 377027075 377008105 377027078 377008099 7� 378010002 �377014019 `377014018 "...""` 377019024 3770196° 1 377029065 1 \377014017 377014016 r4ti377029066 377014015 3770290671 '�377014014 .� �377029068 377014013 624377029069I I,377014012 �377014011 1 377014010 37702907I I377014009 377019038 '°" 377019025 377007089 377019039 .. 377007085 377019040 377019027 5377019041 377019046 377007083 37,7019042r. 377019047 -__" 377007080 377019049 377019055 '377014008 7029074 ' �377019007 377019054 377007078 377019052 377019059 377029046 1 377019006- 377022014 377007029 377029076 I377019065 377022010 377022017 377029050 377014604 377007047 377029052 �377019003 3770220111 54 37702200 \77019002 377022008 crier 377008062 377014056 377022006 37700 377022004 378009036 377022001 1i 701.01 378009018 , 378018001 378009017 378009035 377008113 �11 378009016 378009082 \ 378018002 378009015 \ry. 378009034 \ 378018003 378009033 \\378018004 378009072 378009021 m a \\378018005 378009073 378018006 11 \78018007 378009046 -_ . 378018008 378009047 �378018d09 378010050 2/18/2022, 11:12:37AM 1:4,514 Service Connections Manholes —"—County Stub —Non-County Lateral 0 0.05 0.1 0.2mi • Connected 0 County Manhole — • • — Non -County Stub Q Sewer 300 ft Buffer 0 0.07 0.15 0.3 km A Permit Pending 0 Non -County Manhole Sewer Laterals x Parcels Mapsdoo mbumas map ayrsyesburo—, micreserc, esn cemmur.,icy Not Connected Sewer Mains — County Lateral Not Connected -Additional Lateral — County Gravity Main Wastewater Staff Disclaimer: Data provided and maintained by the Hawaii County Wastewater Dvie- are subject to change at any time. The data and information are not warranted for content or accuracy. The County of Hawaii does not guarantee the positional or thematic accuracy of the G IS data. � a:rEk,s DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAVI 345 KEKUANAO'ASTREET, SUITE 20 HILO, HAWAI`I 96720 �F' HAW N�• TELEPHONE (808) 961-8050 • FAX (808) 961-8657 March 10, 2022 CON PLANNING DEPT TO: Mr. Zendo Kern, Director RECMHANDffi*M Planning Department FROM: Keith K. Okamoto, Manager -Chief Engineer SUBJECT: Change of Zane Application (PL-REZ-2022-000017) Request: Agricultural-5 Acres (A-5a) to Family Agricultural-1 Acre (FA-1a) Applicant: Shawn Maile Nakoa, Esq. Tax Map Key (3) 7-7-008:062 We have reviewed the subject application for the proposed subdivision and have the following comments and conditions. Please be informed that the subject parcel is served by an existing 5/8-inch meter, which is limited to an average daily usage of 400 gallons and suitable for only one (1) single-family dwelling. Water can be made available from an existing 6-inch waterline within P6maika`i Street fronting the subject parcel, in accordance with the Department's existing water availability conditions, which is subject to change without notice. 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 two (2) additional units requested in the proposed 3-lot development, the required water commitment deposit is $300.00. Remittance by the applicant of the water commitment deposit is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep 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 subject to change without notice, depending on the water situation. For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: Construct necessary water system improvements, which shall include, but not be limited to: a. a service lateral that will accommodate 5/8-inch meter to front each additional lot, and Planning Dept. Exhibit 5 ... Water, Our Wost Precious resource ... K4 Wai A one ... The ❑epartment of Water Supply is an Equal Qpportunity provider and employer. Mr. Zendo Kern, Director Page 2 March 10, 2022 b. 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 and design calculations prepared by a professional engineer, architect, or land surveyor, registered in the State of Hawai'i, for review and approval. 2. Remit the prevailing facilities charge, which is subject to change, as shown below: FACILITIES CHARGE (FC): One (1) existing service $0.00 Two (2) additional units rk, $6,095.001unit $12,190.00 Total FC $12,190.00 This is 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. Should it be necessary, 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. Ryan Quitoriano of our Water Resources and Planning Branch at (808) 961-8070, extension 256. Sincerely yours, ,4 Keith K. Okamoto, P.E. Manager -Chief Engineer RQ:dfg copy - Mr. Shawn Maile Nakoa, Esq. (wlcopy of Rule 5 of the Rules and Regulations) Land Planning Hawaii LLC DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAPI 345 KEKOANAO`ASTREET, SUITE 20 HILO, HAWAI`I 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 April 4, 2022 Shawn Matle Nakoa, Esq. 75-167 Kalani Street, Suite 105 Kailua-Kona, HI 96740 Dear Mr. Nakoa: CDH PLANNING DEPT APR b 2022 w. 7:4'T REC'D HAND DELIVERED Subject: Water Commitment Deposit for Change of Zone Application (PL-REZ-2022-000017) Tax Map Key (3) 7-7-008:062 This is to acknowledge receipt of the required $300.00 water commitment deposit for the subject application. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment for the proposed development in the amount of 800 gallons per day, or two (2) additional units of water at an average of 400 gallons per day, per unit, is hereby granted until March 31, 2025, with the following conditions: Construct necessary water system improvements. which shall include, but not be limited to: a. a service lateral that will accommodate 5/8-inch meter to front each additional lot, and b. 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 and design calculations prepared by a professional engineer, architect. or land surveyor, registered in the State of Hawaii_ for review and approval. 2. Remit the prevailing facilities charge, which is subject to change_ as shown below: FACILITIES CHARGE (FC): One (1) existing service $0.00 Two (2) additional runts 0 $6.095.00/unit $12,190.00 )F Total C e - $12,190.00 Planning Dept. Exhibit 5 ... Water, Our Most Trecious &source ... Ka `INai A Kane , . . The Department v# Water Supply is an Equal Opportunity provider and employer. Shawn Maile Nakoa, Esq. Page 2 April 4, 2022 WATER COMVfITMENT DEPOSIT CREDIT (WCD): Two (2) additional units cc $150.001unit, paid once ( $300,00) FC Balance SI1,890.00 This is 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. Should it be necessary, 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. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions, policies, and Rules and Regulations. Should there be any questions, please contact Mr. Ryan Quitorian❑ of our Water Resources and Planning Branch at (808) 961-8070, extension 256. Sincerely yours, 4U Keith K. Okamoto, P.E. Manager -Chief Engineer RQ:dfg copy - Planning Department Land Planning Hawaii LLC HAWAII FIRE DEPARTMENT. COUNTY OF HAWAII . HILO, HAWAII 96720 DATE February 25, 2022 Memorandum TO Planning Department, County of Hawaii FROM Fire Inspector Edward Kawasaki, Fire Prevention Branch, County of Hawaii SUBJECT : PL-REZ-2022-000017 Applicant: Shawn Maile Nakoa TMK: (3) 7-7-008:062 In regards to the above mentioned project, Fire Department Access and Water Supply shall comply with chapter 18 of the 2018 edition of the Hawaii State Fire code and Chapter 26 of the Hawaii County code. Email questions or concerns to: edward.kawasaki@hawaiicounty.gov. Mahalo, Edward Kawasaki Fire Inspector 11 Fire Prevention Branch Planning Dept. Exhibit 6 DAVID Y. IGE GOVERNOR OF HAWAII y� „1 ° STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: February 22, 2022 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Change of Zone Application (PL-REZ-2022-000017) Request: Agricultural-5 Acres to Family Agricultural-1 Applicant: Shawn Maile Nakoa TMK: 7-7-008:062 ELIZABETH A. CHAR, M.D. DIRECTOR OF HEALTH 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 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 lots 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 11-20-29.5, 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 Planning Dept. Exhibit 7 Zendo Kern February 24, 2022 Page 2 of 5 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". 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. All projects which propose the establishment of apotentially contaminating activity (as identified in the Hawai' i Source Water 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. Zendo Kern February 24, 2022 Page 3 of 5 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 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 quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], A Section 401 Water quality Certification (WQC) is required if your project/activity: - 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 following pollutants to enter State waters from the surface or in -water: 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 washing/cleaning 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: https:Heha-cloud.doh.hawaii.gov/epermit/. 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://health.hawaii.gov/cwb/. National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: Zendo Kern February 24, 2022 Page 4 of 5 -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: https:Heha-cloud.doh.hawaii.gov/epermit/. A Notice of Intent (NOI) 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 NOI is available on the e-Permitting Portal website located at: https:Heha-cloud.doh.hawaii.gov/epermit/. 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 CWB website at: http://health.hawaii.gov/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 Zendo Kern February 24, 2022 Page 5 of 5 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.gov/doh/pollutedrLinoffcontrol. 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. DAVID Y. IGE GOVERNOR STATE .F HAWAII • _ ,. Ar"o 1 � � n 1,1, m2momitlojRR March 24, 2022 VIA EMAIL: planning@hawaiicounty.gov Mr. Jeffrey W. Darrow Deputy Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Attention: Christian Kay Dear Mr. Darrow: JADE T. BUTAY DIRECTOR Deputy Directors ROSS M. HIGASHI EDUARDO P.MANGLALLAN PATRICK H. MCCAIN EDWIN H. SNIFFEN IN REPLY REFER TO: HWY-PS 2.7546 Subject: Change of Zone Application (PL-REZ-2022-000017) Request: Agricultural-5 Acres (A-5a) to Family Agricultural-1 Acre (FA -la) Applicant: Shawn Maile Nakoa Tax Map Key No. (3) 7-7-008:062 Thank you for your letter dated February 15, 2022, requesting comments on the Change of Zone Application to Family Agricultrual-1 Acre (FA -la). This project would subdivide the existing 5.29-acre lot into 3 minimum 1-acre size lots. The State Department of Transportation has reviewed this application and has the following comments: Kuakini Highway (State Route 11) is incorrectly referred to as a county road on page 16 of the County Environmental Report (page 49 of the document). 2. Under Section VII of the County Environmental Report (page 56 of the document), it states, "secondary access to the property would be from Kuakini Highway approximately 0.25 miles from its intersection with Kamehameha III Road." Every driveway represents potential conflict points between motor vehicles, pedestrians, and bicyclists. An increased number of these conflict points and reduced distance between them compromise the safety performance of the roadway. The project's proposed agricultural/residential use is unlikely to generate traffic that would impact traffic conditions; however, State Route 11 is a principal arterial roadway intended for through traffic, and new driveways introduce conflict points. Consider instead to only access the parcels directly from Pomaikai Street. Planning Dept. Exhibit 8 Mr. Jeffrey W. Darrow March 24, 2022 Page 2 HWY-PS 2.7546 If you have any questions, please contact Jeyan Thirugnanam, Systems Planning Engineer, Highways Division, Planning Branch at (808) 587-6336 or by email at jeyan.thirugnanam@hawaii.gov. Please reference file review number PS 2022-035. Sincerely, �l \' �t JADE T. BUTAY Director of Transportation DAVID Y. IGE GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIIIEWA BUILDING 601 KAMOKILA BLVD., STE 555 KAPOLEI, HI 96707 February 25, 2022 Zendo Kern, Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 plannin hawahcounty.gov Dear Mr. Kern: SUZANNE D. CASE CHAIRPERSON BOARD OF LAND AND NATURAL RESOLRCES COMMISSION ON WATER RESOURCE MANAGEMENT ROBERT K MASUDA FRST DEPUTY Ni KALEO MANUEL DEPUTY DRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOLRCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION 1OOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS IN REPLY REFER TO: Project No. 2022PR00190 Doc. No. 2202JG15 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review — Proposed Rezone from A-5a to FA -la Clement, Mersberg, Kahalewai, and Falcam Property Kaumalumalu, Pahoehoe Ahupua`a, North Kona District, Island of Hawaii TMK: (3) 7-7-008:062 This letter provides the State Historic Preservation Division's (SHPD) review of the subject change of zone permit application received by our office on February 14, 2022. It included a Change of Zone application, a map of the proposed zone changes, and satellite images of the subject parcel. The applicant, Shawn Maile Nakoa, Esq. (landowners' representative), proposes the rezoning of a 5.29-acre parcel from an Agricultural District (5-acre minimum; A-5a) to a Family Agricultural District (I-acreminimum; FA -la) in support of aproposed subdivision of the parcel into three separate lots. Findings Satellite imagery indicates that a portion of the project parcel along its eastern boundary has been impacted by ground -disturbing activities associated with the development of an existing structure. Hawaii County Tax records indicate that this structure was constructed in 1950. A review of SHPD records indicates that an archaeological survey (Hammatt et al. 1987) that included the current project area identified 51 historic properties. However, none were assigned State Inventory of Historic Places (SIHP) site numbers. Of the 51 historic properties, 15 are located within the current project area and consist of the following: a burial (Site 4 1), a platform (Site 4 5A), six terraces (Site 4 2, Site 4 27, Site 4 28, Site 4 29, Site 4 32, and Site 4 33), five agricultural complexes (Site 4 3, Site 4 4, Site 4 5, Site 4 34, and Site 4 35) and two previously identified sites (Hammatt 1979 [SIHP Site 4 50-10-37-06366, wall]; and Hammatt 1980 [SIHP Site 4 50-10-37- 04591]). None of the sites identified during the Hammatt et al. (1987) survey were recommended for preservation; however, the AIS does not meet current standards for an archaeological inventory survey (AIS) as defined in Hawaii Administrative Rules (HAR) §13-276. SIHP Sites 4 50-10-37-06366 and 50-10-37-04591 were assessed as significant under criterion d and were recommended for no further work. Determination Pursuant to HAR § 13-284, SHPD has insufficient information to determine the potential for the proposed project to adversely impact significant historic properties. Thus, SHPD requests that an archaeological field inspection be conducted of the current subject project area by a qualified archaeologist to determine if undocumented historic properties exist in the project area. If unrecorded historic properties are present, SHPD will request that an AIS be completed, and a report be submitted for review and acceptance prior to initiation of land altering activities. A list of permitted archaeological firms is provided at: http://dhir.hawaii.gov/shpd/about/branches/archaeology. Planning Dept. Exhibit 9 Mr. Kern 02/25/2022 Page 2 Following the completion of the field inspection, SHPD requests the field inspection report, along with a copy of this letter, be submitted to HICRIS Project 2022PR00190 using the Project Supplement option. Please contact Joshua Gastilo at (808) 933-7653 or at Joshua. gastilokhawaii.gov for any questions regarding this letter. Aloha, Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Christian Kay, Christian.kaykhawahcounty.gov DAVID Y. IGE GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD., STE 555 KAPOLEI, HI 96707 August 5, 2022 Zendo Kern, Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 plannin hawahcounty.gov Dear Mr. Kern: SUZANNE D. CASE CHAIRPERSON BOARD OF LAND AND NATURAL RESOLRCES COMMISSION ON WATER RESOURCE MANAGEMENT ROBERT K MASUDA FRST DEPUTY Ni KALEO MANUEL DEPUTY DRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOLRCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION 1OOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS IN REPLY REFER TO: Project No. 2022PR00190 Doc. No. 2208JG06 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review —Revised Proposed Rezone for the Clement, Mersberg, Kahalewai, and Falcam Property from A-5a to FA -la Archaeological Field Inspection Kaumalumalu, Pahoehoe Ahupua`a, North Kona District, Island of Hawaii TMK: (3) 7-7-008:062 This letter provides the State Historic Preservation Division's (SHPD) updated review of the subject change of zone permit application, which was originally received on February 14, 2022, and SHPD's review of the supporting archaeological field inspection (FI) report titled, Archaeological Field Inspection Letter Report for Nakoa Proposed Rezone, Kapala `alaea 2nd Ahupua `a, North Kona District, Island of Hawai `i; TMK (3) 7-7-08: 062 (Scheffler, May 2022). The original submittal included a Change of Zone application, a map of the proposed zone changes, and two satellite images of the subject parcel. The applicant, Shawn Maile Nakoa, Esq. (landowners' representative), propose the rezoning of a 5.29-acre parcel from an Agricultural District (5-acre minimum; A-5a) to a Family Agricultural District (I-acreminimum; FA -la) in support of a proposed subdivision of the parcel into three (3) separate lots. SHPD requested additional information in a letter dated February 25, 2022 (Project No. 2022PR00190, Doc. No. 2202JG15) and received the additional information via HICRIS on May 18, 2022. Findings SHPD previously reviewed this project and requested an FI be conducted of the subject parcel in a letter dated February 25, 2022 (Project No. 2022PR00190, Doc. No. 2202JG15). SHPD received the requested FI report on May 18, 2022, and a supplemental FI report on May 27, 2022. The Scheffler (May 2022) FI report indicates that TesARCH Services archaeologists conducted a 100% surface pedestrian survey of the subject parcel on May 10, 2022; the survey transects were spaced between 5 to 10 in. apart. As a result of the field inspection, identified one previously identified historic property (Haan and Henry 2006; State Inventory of Historic Places [SIHP] Site 4 50-10-37-25757 [agricultural complex] Features 4, 5, 5A, 28, 29, 32, 33, 34, and 35). SIHP Site 4 25757 was assessed as significant under criterion d and was recommended for data recovery. A data recovery plan (DRP; Haun and Henry 2010) that included SIHP Site 4 25757 was accepted in a SHPD letter dated May 27, 2010 (Log No. 2010.0034; Doc. No. 1005MD37); however, the plan did not include the current project area. There is no record of the review and acceptance of a DRP that includes the features of SIHP Site 4 25757 within current project area. Additionally, the FI report indicates that a historic house structure, auxiliary shed, and three historic graves within a burial plot were encountered and have all been impacted by recent bulldozing. The historic house structure, shed, and historic graves were originally encountered in 1987 (Hammatt et al. 1987) and were referred to as "Site 1;" however, the site was not assigned an SIHP Site 4. The FI report indicates that the house structure and shed burned down in 2018 and were subsequently cleared; an enclosure that once Planning Dept. Exhibit 9 Mr. Kern 08/05/2022 Page 2 surrounded the historic grave site (Hammatt et al. 1987) was not relocated, but several large boulders have been placed around the burial area which has been maintained by a descendant of the buried individuals. The FI recommends that an archaeological inventory survey (AIS) be conducted for undisturbed portions of the current project area prior to any ground disturbing activities. Determination Pursuant to Hawaii Administrative Rules (HAR) §13-284, SHPD has insufficient information to determine the potential of the proposed project to impact historic properties. Therefore, SHPD requests that an AIS be conducted and that an AIS report meeting the requirements of HAR §13-276-5 be submitted to SHPD for review and acceptance prior to initiation of project related work. The AIS shall be conducted by a qualified archaeologist in order to adequately identify and document any archaeological historic properties that may be present, to assess their significance, to determine the potential impacts of this project on any identified archaeological historic properties, and to identify and ensure appropriate mitigation is implemented, if needed. A list of permitted archaeological firms is provided at: http://dhir.hawaii.gov/shpd/about/branches/archaeology/. SHPD requests that consultation associated with the encountered burials occur and be documented as part of the requested AIS. Consultation should be conducted with the lineal descendants and appropriate organizations and councils (The Office of Hawaiian affairs [OHA] and the island burial council). SHPD requests that State Inventory of Historic Places (SIHP) Site 4 request be submitted for the encountered burials. Once assigned, the SIHP Site 4 for the burial needs to be included in the requested AIS. Additionally, the burials, once they have been assigned an SIHP Site 4, shall be subject to burial treatment in a separate plan, which shall be determined in consultation with the SHPD, the recognized lineal descendant, and all other appropriate parties (the island burial council and the OHA). When completed, please submit the draft AIS report, the associated review fee, and any other project materials to SHPD HICRIS Project No. 2022PR00190 using the Project Supplement option. SHPD shall notify the County when the AIS and/or other requested documentation has been reviewed and accepted and the permit issuance process may proceed. Please contact Joshua Gastilo at (808) 933-7653 or at Joshua. gastilokhawaii.gov for any questions regarding this letter. Aloha, Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Christian Kay, Christian.kaykhawaiicounty.gov Timothy Scheffler, tesarchserviceskgmail.com Shawn Maile Nakoa, snakoaknnkona.com John Pipan, johngIggdplanninghawaii.com DAVID Y. IGE GOVERNOROF(F' C•.Mq� HAWAII ,959 9 to #3 . a oE�and and Nd/ ? I � d F N STATE OF HAWAII SrdteofHa�a DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD., STE 555 KAPOLEI, HI 96707 October 31, 2022 Zendo Kern, Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 plannin hawaiicounty, og_v IIN=LVA MC�� SUZANNE D. CASE CDAB2PERSON BOARD OF LAND AND NAT[ L RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT ROBERT K. MASUDA FMST DEPUTY M. KALEO MANUEL DEM[ DHt =R-WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RBSOURCES ENFORCEMENT ENGINEERING FORESTRY AND WMDLH HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS IN REPLY REFER TO: Project No. 2022PR00190 Doc. No. 221OJG20 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review —Revised Proposed Rezone for the Clement, Mersberg, Kahalewai, and Falcam Property from A-5a to FA -la Archaeological Field Inspection Kaumalumalu, Pahoehoe Ahupua`a, North Kona District, Island of Hawaii TMK: (3) 7-7-008:062 This letter provides the State Historic Preservation Division's (SHPD) updated review of the subject change of zone permit application, which was originally received on February 14, 2022. The original submittal included a Change of Zone application, a map of the proposed zone changes, and two satellite images of the subject parcel. The applicant proposes the rezoning of a 529-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 three (3) separate lots. Findings SHPD previously reviewed this project and requested that an archaeological inventory survey (AIS) be conducted (August 5, 2022-1 HICRIS Project No. 2022PR00190, Doc. No. 2208JG06). Subsequently, during a teleconference meeting conducted on September 22, 2022 (Susan Lebo [SHPD], Sean Naleimaile [SHPD], Jeff Darrow [County of Hawaii Planning Department], Shawn Nakoa [Rush Moore, LLP], and Jeannie Averill Clement [landowner]) it was determined that the requested AIS would be conducted during subsequent permitting process and not as a requirement for the current re -zone application. SHPD also conducted a brief field inspection to a portion of the project area on October 28, 2022. During the field inspection, remnants of State Inventory of Historic Places (SIHP) Site # 50-10-37-25757 (complex) Features 28 (terrace) and 29 (platform) were observed. Additionally, SHPD personnel observed potential terraces and a platform that were not previously identified. Thus, it is likely that the current project parcel may contain more sites/features that have yet to be identified. Determination Based on current information, SHPD has no objection to the current change of zone permit. However, SHPD requests the opportunity to review future permits for this subject parcel which current data indicates potential exists for development activities to adversely affect historic properties, including but not limited to portions of Site # 50-10-37-25757 as well as the potential terraces and platform features observed during SHPD's site visit. 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. Planning Dept. Exhibit 9 Mr. Kern 10/31 /2022 Page 2 Please contact Joshua. Gastilo at (808) 933-7653 or at Joshua.gastilo&hawaii.gov for any questions regarding this letter. Aloha, 'jusanA. Lebo Signed For Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Christian Kay, christian.kaykhawaiicoiM.gov Timothy Scheffler, tesarchservices&gmail.com Shawn Maile Nakoa, snakoa&n ikona.com John Pipan, john@landplanninghawaii.com Jeff Darrow, jeff.darrow&bawaiicojM.gov DeVera, Ashley From: LPH info <info@landplanninghawaii.com> Sent: Wednesday, October 26, 2022 12:23 PM To: Andrews, Jessica Cc: john pipan; Iph info; katrina kern; Kay, Christian; Jackson, Maija Subject: Re: Nakoa REZ - request for applicant's response to agency comments Attachments: Nakoa - Response to DWS.pdf, Nakoa - Response to SHPD 10-20-22.pdf, Nakoa - Response to DPW.pdf, Nakoa - Response to DOH.pdf, Nakoa - Response to DOT.pdf, Nakoa - Response to Fire Department.pdf Hi Jessica, I wanted to let you know that we sent responses to most of the agency comments. I'm attaching our responses here. I wasn't able to upload them into EPIC. We are still working on a response to the DEM comments and will forward you a copy once we've submitted it. Thank you, Land Planning Hawaii LLC 194 Wiwoole St, Hilo, HI 96720 808-333-3393 info@ land planninghawaii.com LAND'` PLANNING► HAWAII LLC ---- On Tue, 18 Oct 2022 11:13:10 -1000 Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov> wrote --- Hi John, Several agency comments letters are available on EPIC, for the Nakoa REZ (PL-REZ-2022-000017). Please provide a response to the letters, particularly addressing the comments from DEM, DOH and DOT. Let us know if there are any questions. Thank you, Jessica Planning Dept. Exhibit 10 1 LAND"* :y PLANNING HAWAII LLC October 20, 2022 Keith Okamoto County of Hawaii Department of Water Supply 345 Kekdana6`a Street Suite 20 Hilo, HI 96720 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Subject: Response to Comments (PL-REZ-2022-000017) Applicant: Shawn Maile Nakoa Kailua-Kona, North Kona, Hawaii, TMK: (3) 7-7-008:062 Dear Mr. Okamoto, Thank you for your comments on the subject application. The applicant acknowledges the water commitment granted by DWS in the amount of 800 gallons per day, or two (2) additional units of water at an average of 400 gallons per day, per unit until March 31, 2025. The applicant will fully comply with all five (5) conditions outlined by DWS as well as all other department rules and regulations. If there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, JOHN PIPAN Project Administrator Land Planning Hawaii LLC Enclosure Copy — Shawn Maile Nakoa LAND"* :y PLANNING HAWAII LLC October 20, 2022 Alan Downer State of Hawaii State Historic Preservation Division 601 Kamokila Blvd #555 Kapolei, HI 96707 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Subject: Response to Comments (PL-REZ-2022-000017) Applicant: Shawn Maile Nakoa Kailua-Kona, North Kona, Hawaii, TMK: (3) 7-7-008:062 Dear Mr. Downer, Thank you for your comments on the subject application. Per your request, an Archaeological Field Inspection (AFI) was conducted on the property and submitted to your office by Timothy Scheffler of TesARCH Services. The AFI found no previously unidentified or undocumented historic properties on the subject property and recommended a full AIS of the undisturbed portions of the project area before any ground disturbing activities are considered, but noted that the proposed rezone/subdivision of parcel 62 will have no effect on the site. In response to the AFI, the SHPD prepared a letter dated August 5, 2022 requesting that an AIS be conducted and submitted to the SHPD for review and acceptance prior to initiation of project related work. The SHPD also requested that consultation associated with the encountered burials occur and be documented as part of the requested AIS and a State Inventory of Historic Places (SIHP) Site # request be submitted for the burials. Once the SIHP Site # is assigned, a separate burial treatment plan is requested. The proposed rezone and subsequent subdivision will not require any ground disturbance, and as noted in the Scheffler AFI, will have no effect on any historic sites on the property. We request that your office please clarify that it is acceptable to complete the requested AIS prior to the initiation of ground disturbing activities so that the applicant may proceed with the rezone and subdivision of the land prior to completing the AIS. The property is currently owned by several family members with differing interests in the property. The purpose of the proposed subdivision is to divide the property into three lots and assign appropriate, court -ordered, ownership over the subdivided lots among family members. For this reason, funding the AIS of the property after it has been subdivided will be more feasible for the individual landowners of the subdivided parcels as they each will be responsible for their allotted portion of the property. After the subdivision is completed, but prior to any ground disturbing activities, the AIS report for each of the subdivided lots will be submitted to the SHPD HICRIS Project No. 2022PR00190 for review and acceptance and will properly catalog the historic sites on the property with appropriate SIHP Site numbers. As only one of LAND`* ;_y 194 Wiwoole St. Hilo, HI 96720 PLANNING (808) 333-3393 info@landplanninghawaii.com HAWAII LLC the landowners is currently fronting all of the cost of the subdivision, requiring the AIS prior to the subdivision may make it infeasible. With regard to the burial site, it is noted that during a meeting held on September 22, 2022 with your office, the Planning Department, the Applicant and one of the landowners, it was discussed that the sites identified as "burials" only contain cremated remains. This information was provided by Jeannie Clement, one of the owners of the property who cares for the site and is a lineal descendant of the deceased and was witness to the spreading of the ashes. It was determined at that meeting that an alternative to a burial treatment plan would be more appropriate for this site given that it only contains ashes. We await a response from your office on what the best treatment for this site will be. As discussed during the September 22, 2022 meeting, the Applicant has scheduled a field visit to the property with Timothy Scheffler, a surveyor and a SHPD representative to precisely field locate all of the historic sites on the property and identify them on the proposed subdivision map of the property. The field visit is scheduled for October 28, 2022 and the map will be submit to SHPD for review as soon as it is available. 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 Land Planning Hawaii LLC Enclosure Copy — Shawn Maile Nakoa LAND`* :y PLANNING HAWAII LLC October 19, 2022 Robyn Matsumoto County of Hawaii Department of Public Works 101 Pauahi Street, Suite 7 Hilo, HI 96720 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Subject: Response to Comments (PL-REZ-2022-000017) Applicant: Shawn Maile Nakoa Kailua-Kona, North Kona, Hawaii, TMK: (3) 7-7-008:062 Dear Ms. Matsumoto, Thank you for your comments on the subject application. The applicant acknowledges the Department of Public Work's comments regarding erosion and sedimentary control, access, and drainage. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code. All driveway connections and construction within the Pomaikai Street Right -of -Way will conform to Chapter 22, County Streets, of the Hawaii County Code. Access to Pomaikai Street will be met with the approval of DPW. All development -generated runoff will be disposed of on site and will not be directed toward any adjacent properties. The applicant acknowledges that a drainage plan may be required during the Plan Approval process in accordance with Section 25-2-72(3) of the Hawaii County Code. If there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, JOHN PIPAN Project Administrator Land Planning Hawaii LLC Enclosure Copy — Shawn Maile Nakoa LAND"* :y PLANNING HAWAII LLC October 20, 2022 Jade Butay State of Hawaii Department of Transportation 869 Punchbowl Street Honolulu, HI 96813 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Subject: Response to Comments (PL-REZ-2022-000017) Applicant: Shawn Maile Nakoa Kailua-Kona, North Kona, Hawaii, TMK: (3) 7-7-008:062 Dear Mr. Butay, Thank you for your comments on the subject application. Thank you for pointing out the mistake on page 16 of the County Environmental Report (page 49 of the document). Which refers to Kuakini Highway as a county road. It is acknowledged that Kuakini Highway is State-owned. The applicant also acknowledges the concerns of safety if accessed from Kuakini Highway. Access to the parcels will be from Pomaikai Street whenever possible. As the lot layout has not yet been finalized, the applicant wishes to retain the possibility of access to Kuakini Highway by one resulting lot if required by other factors. If there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, JOHN PIPAN Project Administrator Land Planning Hawaii LLC Enclosure Copy — Shawn Maile Nakoa LAND"* :y PLANNING HAWAII LLC October 20, 2022 Eric Honda State of Hawaii Department of Health P.O. Box 916 Hilo, HI 96721 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Subject: Response to Comments (PL-REZ-2022-000017) Applicant: Shawn Maile Nakoa Kailua-Kona, North Kona, Hawaii, TMK: (3) 7-7-008:062 Dear Mr. Honda, Thank you for your comments on the subject application. The proposed project will connect to the county water system and will comply with all DOH requirements. No ground disturbance is proposed by the project. However, National Pollutant Discharge Elimination System (NPDES) will be secured at the appropriate time if required. If there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, 1— JOHN PIPAN Project Administrator Land Planning Hawaii LLC Enclosure Copy — Shawn Maile Nakoa LAND"* :y PLANNING HAWAII LLC October 20, 2022 Kazuo Todd County of Hawaii Fire Department 25 Aupuni Street Hilo, HI 96720 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Subject: Response to Comments (PL-REZ-2022-000017) Applicant: Shawn Maile Nakoa Kailua-Kona, North Kona, Hawaii, TMK: (3) 7-7-008:062 Dear Mr. Todd, Thank you for your comments on the subject application. The applicant acknowledges the Fire Departments comment regarding access and water supply. The proposed project will comply with Chapter 18 of the 2018 edition of the Hawaii State Fire Code and Chapter 26 of the Hawaii County Code. If there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, JOHN PIPAN Project Administrator Land Planning Hawaii LLC Enclosure Copy — Shawn Maile Nakoa