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HomeMy WebLinkAboutPD Background Report (PL-SPP-2022-000025) ASIAA-PL-SPP-2022-000025-11-04-22 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT ACADEMIA SINICA INSTITUTE OF ASTRONOMY AND ASTROPHYSICS SPECIAL PERMIT APPLICATION (PL-SPP-2022-000025) ACADEMIA SINICA INSTITUTE OF ASTRONOMY AND ASTROPHYSICS has applied for a Special Permit for the temporary operation of an array of 10 satellite dishes and a 50-foot x 50-foot dipole antenna array and related improvements to conduct research on Fast Radio Bursts (FRBs) on an approximately 2.0-acre portion of a larger 10.7-acre property in the State Land Use Agricultural District. The subject property is located approximately 1,375 feet southeast(makai) of the Wood Valley Road/Makakupu Road intersection, Ka`ala`ala-Kapalapala, Ka`u, Hawaii, TMK: (3) 9-6-011:007 (por.) APPLICANT'S REQUEST 1. Proposed Use: The applicant is requesting a Special Permit to allow the following uses on a 2.0-acre portion, 295 feet in width by 295 feet in length, of a larger 10.7-acre property. The proposed use will be temporary, with an unspecified lease term that includes the option to renew the lease: • Ten commercial TV satellite dishes (20 feet in diameter)with reception capacity of 400-800 Mega Hertz (MHz), fixed in a stationary position facing northeast, with 7 to 8-foot-tall support poles. • A 50-foot x 50-foot dipole antenna array, with stationary dipole antennas. • A gravel driveway approximately 1,400 feet in length and 10 feet in width, with an unobstructed clear width of 20 feet for Fire Department access. • One catchment tank of at least 4,000 gallons capacity for fire suppression. • One port-a-potty. • Two shipping containers each at 40 feet long, 8 feet wide and 8 feet-6 inches tall. • A small solar power array to support approximately 10 kilowatts of power (approximately 25-30 solar panels) to be installed on top of or adjacent to shipping containers. -1- • Underground power lines connecting the satellite and dipole antenna arrays to the shipping containers and solar power array. • Fencing to protect the proposed arrays from grazing animals, enclosing an area of approximately 1 acre. The applicant proposes to clear the 2.0-acre permit area in the northwest area of the property and to install the satellite array at the north end of the site with the dipole antenna array to the south and the catchment tank, shipping containers and port-a-potty located between the arrays. The satellite array is proposed to consist of 1 line of 4 antennas, followed by 2 lines of 3 antennas, for a total of 10 antennas. The pole of each satellite will reach 7 to 8 feet in height, with approximately 25 feet between each satellite. The dipole antennas will be 2 feet in length, fixed to a 1.5-foot post, with approximately 3 feet between each antenna. 2. Purpose of Request: According to the applicant,the array of satellite dishes would conduct scientific studies on the astrophysical origin of Fast Radio Bursts (FRBs). FRBs are powerful radio bursts coming from within and outside of our galaxy, which are not yet understood. The applicant intends to study the sources and origins of these radio bursts, which requires a"radio-quiet" site. Ka`u was found to be the best radio-quiet area on Hawaii Island, based on surveys conducted by the applicant. The proposed satellites and antennas are designed for FRB reception only, therefore no outward transmission of radio signals would occur. In addition, all satellites would be fixed to look at the northeastern sky only, thus no satellite movement would occur. 3. Employees: Once operational, the facility will typically run unattended, with 1 person checking on operations once or twice a week. 4. Hours of Operation: The applicant is proposing to operate the facility continuously. 5. Landowner: Edmond C. Olson Trust No. 2. 6. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — Special Permit Application dated June 30, 2022, and Supplemental Information received on November 3, 2022, and December 22,2022). -2- STATE AND COUNTY PLANS 7. State Land Use District: Agricultural. 8. County Zoning: Agricultural 20-acre(A-20a). 9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The majority of the 2.0-acre permit area (approximately 90%) is designated Extensive Agriculture (ea), which are lands not classified as Important Agricultural Land including those that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing, and pasture may be included in the Extensive Agriculture category. A small portion at the northwest corner of the permit area is designated Important Agricultural Lands (ial), which are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. 10. Kau Community Development Plan (CDP): The Ka`u CDP was adopted by Ordinance No. 17-66, which became effective on October 17, 2017. The subject property is designated Extensive Agriculture in the Regional Land Use Policy Map for Ka`u. 11. Special Management Area (SMA): The property is not located within the Special Management Area and is over 5 miles from the nearest coastline. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 12. Subject Property: The subject property is 10.7 acres in size and located approximately 3.5 miles north of Pahala along Wood Valley Road in Ka`u. The property is currently vacant of any structures and is mainly comprised of non-native shrubs and grasses such as guinea grass and desmodium vine. The eastern half of the property is forested. The applicant states that the subject property, including the 2.0-acre Special Permit area, is presently used for ranching by the landowner. 13. Surrounding Zoning/Land Uses: All surrounding properties are zoned Agriculture 20- acres (A-20a), with agricultural land uses, farm dwellings, and forest. There is a 1,422- acre State-owned property directly east that is forested. The nearest dwelling is over 1,800 feet to the northwest, across Wood Valley Road on TMK: 9-6-010:001. -3- 14. U.S.D.A. Soil Type: Most of the subject property is classified as Akihi-Alapai complex, 10 to 20 percent slopes, while a small portion at the southeast corner is classified as Udifluvents-Kuanene complex, 2 to 10 percent slopes. 15. Agricultural Lands of Importance to the State of Hawaii (ALISH): The majority of the 2.0-acre permit area (approximately 90%) is unclassified, while a small portion at the northwest corner is designated"Prime Agricultural Land." 16. Land Study Bureau Soil Rating: The majority of the 2.0-acre permit area (approximately 90%) is classified as "C" or"Moderate Productivity" soil, while a small portion at the northwest corner is classified as `B" or"High Productivity" soil. 17. Flood Insurance Rate Map (FIRM): The property is located entirely within Zone "X", which is an area determined by FEMA to be outside of the 500-year flood plain. 18. Flora/Fauna Resources: Although there was no professional survey of the floral and faunal resources of this site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found on the subject property. According to the applicant, most of the site is comprised of guinea grass and desmodium vine. The surrounding area is made up of cook pine, eucalyptus, macadamia nut, cypress and other non-native shrubs and grasses. A small portion of the Ka`u Forest Reserve is located roughly 2 miles to the west of the subject property. The applicant reports there are endemic, listed species that may occur in this area, including the `Akiapola`au, Hawaii Creeper, Hawaii `Akepa, and the formerly endangered `Io or Hawaiian Hawk. Other endemic forest birds in the area include I`iwi, Oma`o, and Hawaii `Elepaio, `Apapane and `Amakihi. The Pueo or Hawaiian owl and Nene or Hawaiian Goose may also utilize resources of the forest. Additionally, the applicant reports that the Hawaiian Petrel, an endangered and endemic seabird, has been known to transit the area while commuting to nesting areas higher on Mauna Loa, and it is possible that some may nest along the top margin of the Ka`u forest. According to comments provided by the Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW), the Hawaiian Hoary Bat, Hawaiian Goose, and the Hawaiian Hawk all may occur in the project vicinity. DOFAW provided measures to reduce the project's impact on these listed -4- species, in addition to guidelines regarding artificial lighting, mitigating spread of Rapid `Ohi`a Death, and minimizing spread of invasive species. 19. Archaeological/Historical/Cultural Resources: No formal archeological study was conducted for the subject parcel or project area; however, the applicant believes that it is unlikely archeological resources are present in the permit area as the subject property has been previously cleared and used for sugar cane cultivation in the past. By letter dated September 30, 2022, the Department of Land and Natural Resources, State Historic Preservation Division (SHPD), indicated that the permit area has been significantly impacted by prior sugarcane cultivation and modern agricultural uses and made a determination that no historic properties will be affected by the proposed project. 20. Public Access: There is no record of a designated public access to the shoreline or mountain areas traversing the property. 21. Traffic: Traffic in the Wood Valley area is generally low, mainly consisting of resident traffic. The initial stage of the proposed project will require the transport of shipping containers, a port-a-potty and equipment required to construct the proposed catchment tank, arrays, and fencing, and while minimal vehicular trips will occur during this stage, short-term impacts to traffic are expected. Once operational, the proposed use will typically run unattended with one person occasionally performing routine checks and maintenance as needed, approximately once or twice a week. According to the applicant, normal use of the project site will have no impact on traffic in the surrounding area. PUBLIC SERVICES AND FACILITIES 22. Access: Access to the project site is from Wood Valley Road, a paved County roadway. The property will be accessed by way of a gravel driveway, approximately 1,400 feet long and ten (10) feet wide, along which an unobstructed clear width of twenty (20) feet will be maintained by the applicant for Fire Department access. The applicant states that the landowner has legal access to this driveway by way of an easement deed, a copy of which was provided with the application, and can grant access to the applicant for the proposed land use. 23. Water: According to the Department of Water Supply (DWS), the subject property is not within the service limits of existing DWS water system facilities. According to the -5- applicant, the subject site would be served by a rainwater catchment system with at least 4,000 gallons of storage for the proposed use and fire suppression. 24. Wastewater: According to the Department of Environmental Management(DEM), the applicant is directed to follow Department of Health (DOH)regulations for wastewater and sewage disposal. The applicant has proposed to install a port-a-potty. 25. Solid Waste: According to the Department of Environmental Management(DEM), the applicant shall not use County Transfer Stations for disposal of solid waste, including construction and demolition waste. 26. Other Essential Utilities/Services: Telephone and electricity are available to the site. Fire services are located approximately 31 miles away in Volcano and police services are located approximately 15 miles away in Na`alehu. AGENCY COMMENTS 27. Department of Public Works-Engineering Division: (Planning Department Exhibit 2 —October 10, 2022 Memo) 28. Department of Water Supply: (Planning Department Exhibit 3 —October 11, 2022 Letter) 29. Department of Environmental Management: (Planning Department Exhibit 4 — September 23, 2022 Memo) 30. Department of Land and Natural Resources -Division of Forestry and Wildlife: (Planning Department Exhibit 5—October 12,2022 Memo) 31. Fire Department: (Planning Department Exhibit 6—September 20,2022 Memo) 32. Department of Land and Natural Resources — State Historic Preservation Division: (Planning Department Exhibit 7—September 30, 2022 Letter) 33. Department of Land and Natural Resources—Engineering Division: (Planning Department Exhibit 8—October 10,2022 Memo) AGENCIES -NO COMMENTS/ CONCERNS 34. Office of Planning and Sustainable Development, Police Department, Department of Finance -Real Property Tax, Department of Health. -6- AGENCIES -NO RESPONSE 35. Department of Public Works -Building Division, Civil Defense, State Land Use Commission, Department of Agriculture. PUBLIC COMMENTS 36. No public comments have been received as of the date of this writing. -7- SPECIAL PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or Print the requested infonnation) APPLICANT Academia Sinica Institute of Astronomy and Astrophysics APPLICANT'S SIGNATURE: AAk DATE: Ja,7e 30, 2022 ADDRESS: 645 N. A'ohoku Place, Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT 0WNER: Lessee TELEPHONE: (Bus.) 808-961-2942 (Homo) (Fvo REQUEST: Special Permit for the temporary operation of an array of satellite dishes to conduct research on Fast Radio Bursts (FRBs) TAX MAP KEY: (3) 9-6-011:007 ZONING: A-20a AREA OF PROPERTY/AREA OF REQUESTED USE 10.7 acres 2 acres LANDOWNER: Edmond C. Olson Trust No. 2 LANDOWNER'S SIGNATURE: DATE: 6/21/2022 (May be by letter) LANDOWNER'S ADDRESS: 46 Amau'ulu Road, Hilo, HI 96720 AGENT: Land Planning Hawai'i LLC ADDRESS: 194 Wiwo'ole St, Hilo, HI 96720 TELEPHONE: (Bus.) 808-333-3393 (Nome) (Fax) Please indicate to whom original correspondence and copies should be sent to: ORIGINAL Agent COPIES: Applicant Planning Dept. Exhibit 1 COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT REQUEST ACADEMIA SINICA INSTITUTE OF ASTRONOMY AND ASTROPHYSICS (ASIAA) PAHALA, KA`U, COUNTY OF HAWAI`I TMK: (3) 9-6-011: 007 Table of Contents LINTRODUCTION .....................................................................................................................4 IL PROJECT DESCRIPTION.....................................................................................................4 3A. Project Concept and Components........................................................................................4 3B. Subject Property Description ............................................................................................13 3C. Institutional Considerations ..............................................................................................13 StateLand Use...............................................................................................................13 SpecialManagement Area ............................................................................................14 County Zoning and General Plan...................................................................................14 Ka`u Community Development Plan.............................................................................16 3D. Surrounding Zoning and Land Uses ..................................................................................19 3E. Flood Insurance Rate Map.................................................................................................19 3F. Archaeological Resources..................................................................................................23 3G. Floral and Faunal Resources..............................................................................................23 3H. Valued Cultural Resources ................................................................................................24 3I. Public Access.....................................................................................................................25 3J. Description of Access .......................................................................................................25 3K. Traffic Impacts...................................................................................................................25 3L. Availability of Utilities ......................................................................................................26 III. REGULATORY ANALYSIS...............................................................................................26 4A. Coastal Zone Management ................................................................................................26 4B. Impacts to Surrounding Properties.....................................................................................26 4C. Impacts to Public Agencies ...............................................................................................27 4D. Unusual Conditions............................................................................................................27 4E. Land Suitability for Permitted Uses...................................................................................27 4F. Land Character and Present Use........................................................................................28 4G. Relationship to General Plan .............................................................................................28 4H. Unusual and Reasonable Use.............................................................................................28 2 Figures Figure1: Location Map ...................................................................................................................5 Figure2: Site Plan............................................................................................................................8 Figure 3: Schematic Drawing of Proposed Satellite Dishes ............................................................9 Figure 4: Example Photo of an Assembled Satellite Dish.............................................................10 Figure 5: Example Photos of Proposed Satellite Array .................................................................I I Figure 6: Example Photo of a Dipole Antenna .............................................................................12 Figure7: FIRM Map......................................................................................................................20 Figure 8: Map of Streams in relation to the Subject Property .......................................................21 Figure 9: Agricultural Land Use Map (ALUM) of the Subject Property ......................................22 Figure 10: Ka`u Forest Reserve in Relation to the Subject Property.............................................24 Exhibits Exhibit A: Edmund C. Olson Trust Property Deed Exhibit B: Intent to Lease Agreement Exhibit C: Property Easement Deed Exhibit D: 1965 Historic Aerial Photo of Subject Property Exhibit E: 1977 Historic Aerial Photo of Subject Property Exhibit F: Agricultural Land Use Map Definitions 3 I. INTRODUCTION The Academia Sinica Institute of Astronomy and Astrophysics (ASIAA) ("applicant") is requesting a Special Permit to temporarily operate an array of satellite dishes to conduct scientific studies on the astrophysical origin of Fast Radio Bursts (FRBs). The subject Property is located approximately 3.5 miles north of Pahala along Wood Valley Road, Ka`u, Hawaii (Figure 1). The Property totals 10.7 acres zoned Agricultural 20-acres (20-A) and is owned in fee simple by Edmund C. Olson Trust(herein referred to as "Property") (Exhibit A). ASIAA intends to lease a 2-acre portion of the 10.7-acre parcel for the purpose of erecting an array of ten (10) satellite dishes, a dipole antenna array, two (2) storage containers, solar panels, one (1)porta-potty, and one (1) catchment tank, to study FRBs. An Intent to Lease Agreement was prepared and signed by the "Lessor", Edmund C. Olson Trust on June 21, 2022, and by the "Lessee", ASIAA on June 30, 2022. This document describes the intention to lease a 2-acre portion of the 10.7-acre Property if a Special Permit is approved by the Windward Planning Department for the proposed land use (Exhibit B). If approved, a formal Lease Agreement will be drafted to contain legally binding conditions and provisions as deemed appropriate by the Lessor for the proposed land use. Such provisions may include but are not limited to term length, rent and taxes, use and maintenance of premises, improvement conditions, liability, and options to renew lease. II. PROJECT DESCRIPTION 3A. Project Concept and Components The applicant is respectfully requesting a Special Permit to operate a temporary array of ten (10) satellite dishes and a 50 by 50-foot dipole antenna array to conduct research on Fast Radio Bursts. FRBs are powerful radio bursts coming from within and outside of our galaxy, which are not yet understood. The following is a synopsis describing the phenomenon as we know thus far: In radio astronomy, a fast radio burst(FRB) is a transient radio pulse of length ranging from a fraction of a millisecond to a few milliseconds, caused by some high-energy astrophysical process not yet understood. Astronomers estimate the average FRB releases as much energy in a millisecond as the sun puts out in 3 days. While extremely energetic at their sources, the strength of the signal reaching Earth has been described as 1,000 times less than from a mobile phone on the Moon. The first FRB was discovered in 2007. Many FRBs have since been recorded, including several that have been detected to repeat in seemingly irregular ways. Nonetheless, one FRB has been detected to repeat in a regular way:particularly, FRB 180916 seems to pulse every 16.35 days. Most FRBs are extragalactic, but the first Milky Way FRB was detected by the CHIME radio telescope in April 2020. In June 2021, astronomers reported over 500 FRBs from outer space detected. 4 9 G R1 77 � Pier ar -�.._ pr.t I0 ! o _�— " wrmo MA, r ,,� 09 K/ 1 J Subject Property jJ Rrnx� A.�✓ Lear Kt b�r�r /u�'9lf.fu. C N /raALAALA -MAKAf,(lPf! Gp VERNMENT TRgCT SECT/ON A GgRT 4 Q ` � J e Q v Q 10 f.. e r Q a Q � x �✓ st a 4 e 9 6 I I KAALAALA-KA�LAPALA,XAO,-1AWA/L(Hawes A— Ca) Figure 1 ASIAA wishes to study the astrophysical origins of Fast Radio Bursts, which requires a "radio-quiet" site. Kau was found to be the best radio-quiet area on the Big Island, based on surveys conducted by the applicant. The proposed satellites and antennas are designed for reception only, therefore no transmission of radio signals would occur. All ten (10) satellite dishes would be fixed to look at the Northeastern sky only, thus no movement would occur. The dipole antennas are not designed to move; therefore, they will also be stationary. The applicant is requesting the following elements to be allowed as part of the Special Permit: 1. Ten (10)temporary commercial TV satellite dishes (20 feet in diameter)with a reception capacity of 400-800 Mega Hertz (MHz). Support poles for the satellite dishes are approximately 7 feet tall. 2. A 50-foot by 50-foot dipole antenna array. The proposed dipole antennas would be approximately 2 feet in length, fixed to a metal post approximately 1.5 feet in height, and spaced approximately 3-feet apart. The ground surface under the dipole array would be covered in weed mat for grass and weed suppression and a wire mesh (chicken wire or similar) as part of the instrument design. 3. A gravel driveway approximately 1,400 feet in length and 10 feet in width will serve the proposed use. An unobstructed clear width of 20 feet will be maintained along the driveway for Fire Department access. 4. A gravel area approximately 20' by 30' is proposed for parking. 5. One (1) Catchment tank of at least 4,000 gallons capacity for fire suppression. 6. One (1) Port-a-potty. 7. Two (2) Storage Containers each at 40 feet long, 8 feet wide and 8 feet-6 inches tall. 8. A solar panel array to support approximately 10 kilowatts of power (approximately 25 —30 panels)to be installed on top of or adjacent to shipping containers. 9. Underground power lines connecting the satellite and dipole antenna arrays to the shipping containers and solar power array. The lines would be placed within conduit trenched in the ground. 10. Fencing to protect the proposed arrays from grazing animals, enclosing approximately 1.3 acres. 6 Figure 2 shows the proposed site plan. The satellite array is proposed to sit at the north end of the 2-acre portion of the Property with the dipole antenna array located to the south. The catchment tank, shipping containers and port-a-potty are proposed to be positioned between the arrays. The satellite array is proposed to consist of one (1) line of four(4) antennas, followed by two (2) lines of three (3) antennas, for a total of ten (10). The pole of each satellite will reach 7 to 8 feet in height. There would be approximately 25-feet between each satellite. Figure 3 shows a schematic drawing of the proposed satellite dishes and Figure 4 shows an assembled example Figure 5 shows example photos of satellite arrays. The dipole antenna array is proposed to be roughly 50 feet by 50 feet in area. Dipole antennas are also designed to pick up radio frequency only, however, they differ from satellites because they consist of two equal length conductive elements such as rods, versus dishes. The proposed dipole antennas would be approximately 2 feet in length, fixed to a metal post approximately 1.5 feet in height, and spaced approximately 3-feet apart. The ground surface under the dipole array would be covered in weed mat for grass and weed suppression and a wire mesh (chicken wire or similar) as part of the instrument design. Figure 6 shows an example of a dipole antenna array. Electrical and data lines would serve both the temporary satellite array and dipole antenna array within conduit trenched in the ground. No structures are proposed within the Property setbacks. Once operational, the site will typically run unattended, with one (1)person checking on operations once or twice a week. 7 ---I --------------- } � �o I TO wERA�oA,A Q Z Q Z >Po Z x,�P,o G)e 9 G) Q Q G)G)G) J d. G)G)G) ��cnTaiwEn„.cDMq�Rs ,3A�6 — s TMK:3-9-6-011:007 - TMK:3-9-6-011:006 e an-m ', owo�ua.E�naaav _—___________ __-_____-____----------------- ----------------- ---------------- --------------- --------------- --------------- ----------------- --------------- a \ ASIAA spe�iai Perms�v� SPECIAL n�pll 1111, \ PERMIT CONCEPTUAL \ SITE PLAN ------------ ---------------------- \ Figure 2 t. C-BAND SATELLITE ANTENNA S600AM-P NO ITEM DESCRIP CITY 1 Feed Holder 1 2 Feed Support 016 4 y j' 3 Reflector D=6000 8 fii f 4 Central Panel D=265 2 5 Reflector Support D=1205 1 f , 0 6 EI Adj Screw M24X400 1 7 Hinge 1 1 8 Screw Holder 1 9 Azimuth Adj 1 10 Pole 0127 1 u 11 Pole Support 036 3 Figure 3 „ r F� art- �' �' _� �'°�:•' v n 4+ i 1p i P r e , d _ '�,. ,,.r>" � r '.+ mow,.-� •� ��� Figure 6 313. Subject Property Description The subject site identified as TMK (3) 9-6-011: 007 consists of 10.7 acres zoned Agricultural 20-acres (A-20a). The Property is located roughly 3.5 miles north of Pahala along Wood Valley Road, Ka`u, Hawaii. The Land Use Pattern Allocation Guide (LUPAG) designates the Property as Extensive Agriculture. The Land Study Bureau(LSB) classifies the 2-acre portion of the Property as primarily "C", or moderate agricultural productivity. Under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the subject site is unclassified. The U.S. Department of Agricultural Natural Resource Conservation Service (NRCS) has designated the soil type for the Property as Udifluvents-Kuanene complex with 2 to 10 percent slopes (2k j9). Udifluvent soils are derived from alluvial flats on pahoehoe lava flows, which are somewhat excessively drained with a low runoff class. Kuanene soils from ash fields on pahoehoe flows are well drained and have high runoff. The Ka`u area is considered Lava Zone 3, on a scale ranging from 9 to 1 (least hazardous to most). This site is located roughly 8 miles from the ocean and is not in the Conservation District or Special Management Area. The subject portion is on the western boundary of the 10.7-acre Property. This 2-acre portion is mainly comprised of non-native grass such as guinea grass, desmodium vine and other non-native grasses. It is currently vacant of any structures and will require minimal grading on less than one (1) acre to construct the temporary improvements. Other types of vegetation in the surrounding area include cook pine, eucalyptus, and macadamia nut. Current access onto the parcel is roughly 3.5 miles north of Pahala off Wood Valley Road. A gravel road 1,400 feet long leads to the subject Property. Edmund C. Olson Trust has legal access to this road by way of an Easement Deed and can grant access to ASIAA for the proposed land use (Exhibit Q. 3C. Institutional Considerations State Land Use The subject site is designated State Land Use Agriculture. The Special Permit area will consist of 2-acres of land. Based on the size of the project area, no State Land Use Commission action is required. The County of Hawaii can process the special permit request. Hawaii Revised Statutes (HRS) §205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified. The unusual and 13 reasonable use of the land will be further described in the appropriate section below. Special Management Area The subject Property is approximately 6 miles inland from the coast and outside the designated Special Management Area(SMA). County Zoning and General Plan The County zoning of the subject Property is Agricultural 20-acres (A-20a). The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the parcel as Extensive Agriculture. Relative to this designation, the General Plan allows consideration for a "Special Permit" on agricultural land where the requested use meets certain criteria as outlined in Section 4 of the permit application and Chapter 205 of the Hawaii Revised Statutes as amended. The Hawaii County General Plan serves as a guide for decision-makers in land use matters. The proposed project is conducive to the General Plan's guidelines as it conforms to the following goals,policies, and standards of the General Plan: 2.2 Goals a. Provide residents with opportunities to improve their quality oflife through economic development that enhances the County's natural and social environments. b. Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. c. Strive for diversity and stability in the economic system. d. Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural, and social environment. e. Strive for an economic climate that provides its residents an opportunity for choice of occupation. f. Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. g. Promote and develop the island of Hawai`i into a unique scientific and cultural model, where economic gains are in balance with social and physical amenities. Development should be reviewed on the basis of total impact on the residents of the County, not only in terms of immediate short run economic benefits. 2.3 Policies i. Continue to encourage the research, development, and implementation of advanced technologies and processes. j. Support the advancement ofhigh technology industries. 14 s. Assist the further development of the agriculture through the protection of important agricultural lands. t. Assist in the promotion of the agriculture industry whose products are recognized as being produced on the island of Hawai`i. y. Encourage new industries that provide favorable benefit-cost relationships to the people of the County. Benefit-cost relationships include more than fiscal considerations. 4.2 Goals a. Define the most desirable use of land within the County that achieves an ecological balance providing residents and visitors the quality of life and an environment in which the natural resources of the island are viable and sustainable. 6.2 Goals a. Protect, restore, and enhance the sites, buildings, and objects ofsignificant historical and cultural important to Hawaii. b. Appropriate access to significant historic sites, buildings, and objects of public interest should be made available. 7.2 Goals a. Protect,preserve, and enhance the quality ofareas endowed with natural beauty, including the quality ofcoastal scenic resources. b. Protect scenic vistas and view planes from becoming obstructed. c. Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. 8.2 Goals a. Protect and conserve the natural resources from undue exploitation, encroachment, and damage. c. Protect and promote the prudent use of Hawai`i's unique,fragile, and significant environmental and natural resources. d. Protect rare or endangered species and habitats native to Hawaii. e. Protect and effectively manage Hawai`i's open space, watersheds, shoreline and natural areas. f. Ensure that alterations to existing landforms, vegetation, and construction ofstructures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger offloods, landslides, erosion, siltation, or failure in the event ofan earthquake. 15 Discussion: Approval of the requested Special Permit would be in line with the economic, environmental duality, natural beauty, energy, recreation, natural resource, and land use goals and policies of the General Plan. The proposed project would allow a temporary, reception-only, station to research Fast Radio Bursts. Hawaii Island is well known for its scientific advancements in astronomy. Ka`u in particular is a unique radio-quiet area, which is required to study the phenomenon. The proposed action would require minimal grading on less than one (1) acre. Impacts to scenic views and noise will be negligible due to the significant distance from all neighboring parcels owned by other landowners. There would be no impacts to recreation or energy as the proposed use will operate solely from solar panels (approximately 25-30 panels). No significant impacts to environmental quality or natural resources are expected. There are no known historical, archaeological, or cultural sites on the property, however, in the event any inadvertent discoveries are made, work will cease, and the applicants will immediately notify the Planning Department and the State Historic Preservation Division for appropriate action. Since the proposed land use will be temporary, the applicant will return the Property to its original condition after the termination of the lease. The requested action creates a unique opportunity to advance science, research, and education while preserving agricultural land. Ka`u Community Development Plan The Ka`u Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision-makers. The proposed special use request is conducive to the following goals, objectives and policies outlined in the KCDP. 4.3 Protect Agricultural Lands & Open Space This section of the CDP protects agricultural land and open space from non- agricultural development with the CDP Land Use Policy Map, urban growth boundaries, limits on Special Permits and lot sizes, and restrictions on residential development. 4.3.1 Community Objectives Objective 2: Preserve prime and other viable agricultural lands and preserve and enhance viewscapes that exemplify Ka`u's rural character. 16 4.3.2 Land Use Policy Policy 32: Conserve and protect agricultural lands. (State Constitution Article XI, Section 3; GP 2.3(a), 2.3(s), 14.1.2 (b), & 14.2.2(a)) Policy 33: Preserve the agricultural character of Ka`u, including the open space preserved by agricultural land. (GP 14.2.2 (b) & 14.2.3 (d)) Policy 35: Limit development of agricultural land to agricultural uses, discouraging speculative residential development and urban encroachment. (GP 14.2.3(i), 0), & (t)) Policy 40: Special permits of any kind in the"Important Agricultural Lands" and "Extensive Agriculture" Land Use Policy Map categories should not be permitted in the Ka`u CDP planning area, except for the following uses (as defined in HCC Chapter 25): • Agriculture and Related Economic Infrastructure: Animal hospitals, Veterinary establishments, Fertilizer yards utilizing only manure and soil, for commercial use. • Cottage Industry related to Agriculture: Bed and breakfast establishments, Guest ranches, Lodges, Home occupations. • Community Facilities: Community buildings,public uses, and structures, Shooting ranges, ATV courses (in areas without cultural, natural resources, or scenic value). • Quarries whose permit conditions address geotechnical, engineering, safety,private road use, oversight, and any site-specific issues. • Urban uses in Ocean View: Uses consistent with the LDU, MDU, and Industrial LUPAG categories indicated on the Ka`u CDP Land Use Policy Map in Ocean View, until the SLU boundaries are amended (from Agriculture to Urban). The Planning Commission shall also include in any Special Permit approval (or recommend for approval to the State Land Use Commission) appropriate performance conditions to achieve CDP objectives and implement CDP policies. (HRS 205-6(c) and Planning Commission Rules 6-3(a)(5)(G), 6-7, & 6-8). Discussion: The subject site has a LUPAG designation of Extensive Agriculture. Historical aerial photos from 1965 and 1977 and the Agricultural Land Use Map (ALUM) confirms that this parcel was cultivated in sugar cane for many years. While the Property has agricultural potential and ongoing grazing use, the proposed Special Permit area is not considered Prime or Other Important Agricultural Land by ALISH and has a Land Study Bureau soil rating of"C". Further, since the proposed land use is temporary in nature, the Property could still be utilized for agricultural activities after the research project concludes. The temporary improvements do not classify as residential development or urban 17 encroachment. All proposed temporary improvements would have little to no impact to future agricultural uses. Furthermore, the proposed land use will have negligible impacts to scenic resources due to the remoteness of the site and significant screening of the property provided by roadside windbreaks. Therefore, the proposed action does not appear to be contrary to the Ka`u Community Development Plan's objectives and policies due to the uniqueness of the radio quiet site, the temporary nature of the project and very limited impact to the agricultural potential the site currently holds. 4.8 Coordinate Regional Economic Development Community Action 21: Coordinate regional, cross-sectoral economic development strategies. Need.As Kau continues to grapple with recovery from the phase out of plantation-era economics, it is becoming increasingly clear that long-term systems of transformation and recovery are required to build a more resilient and sustainable economy. Ideally, these systems would support and link each sector of opportunity agriculture, renewable energy, ecosystem services, health and wellness, education and research, visitor, and retail. These systems should also coordinate complimentary economic development strategies enhancing regional identity, building local industry clusters, connecting to anchor institutions, advancing innovation, building business and workforce capacity, democratizing ownership, and diversifying investment. These systems could also combine the necessary facilities and infrastructure with a network ofcomprehensive services that bring technical,financial, and educational support to ensure that new and existing enterprises have the greatest chance for lasting success. Immediate Next Steps: • Facilitate the development of local industry clusters build on the competitive advantages of like-minded businesses that benefit from co- location and partnerships to achieve economies ofscale o Focus initially on high potential sectors (agriculture, renewable energy, health and wellness, research and education, and the visitor industry) o Facilitate collaborations that fuel innovation Discussion: The proposed project is a unique opportunity that would support a diversified economy, would enhance education, regional identity, and build local identity. The proposed use would be on Extensive Agriculture designated land according to the LUPAG map and thus would not take away from Important Agricultural Lands. The primary use of the parcel and surrounding area would continue to be in ranching. Further, the ALISH designation for the site is unclassified and the Land Study Bureau classifies the soil as "C" or moderate agricultural productivity. The temporary proposed use would allow an opportunity to advance education and research, with little to no impact to agricultural land. 18 3D. Surrounding Zoning and Land Uses The subject Property is located 3.5 miles to the north of Pahala. The entire surrounding area is zoned Agriculture 20-acres (A-20a) and is used for agricultural purposes. A large area zoned Forest Reserve (FR) is located roughly 2 miles to the west. The nearest neighboring residence to the proposed use is over 1,800 feet to the northwest, on the opposite side of Wood Valley Road. Edmund C. Olson Trust owns several other properties in the area including the adjacent 131.48-acre lot to the west(TMK (3) 9-6-011: 006), two smaller parcels next to Wood Valley Road(TMK (3) 9-6-011: 013 and 014), a 634.66-acre parcel to the south (TMK (3) 9-6-012: 021) and a 1,749.83-acre parcel to the west(TMK (3) 9-6-007: 001). 3E. Flood Insurance Rate Map The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Flood Zone X (areas outside of the 500-year flood) (Figure 7). The Pahala/Wood Valley area has several perennial and non-perennial streams associated with the Waloala River system. The Pi`ikea Gulch is located roughly 0.25 miles south of the subject site along the southern border of the adjacent parcel identified as TMK (3) 9- 6-011: 006. This gulch runs south and has a non-perennial stream, meaning there is not a continuous flow of water year-round. In addition, a second non-perennial stream associated with the Waloala River system is shown to begin north of the subject Property and run through the southern end of the parcel. This intermittent stream is in a heavily vegetated area more than 300 feet downslope to the east from the proposed 2-acre site and nearly 20 feet lower in elevation (Figure 8). Neither of these stream systems have the potential to cause significant flooding to the subject site or proposed use. Impacts to these streams is very unlikely given the small area of ground disturbance proposed and distance to the streams. 19 1 r BASEMAP: FIRM BASEMAP Flood Hazard Assessment Report ` www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY s THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood (100- fA' FHAT Report year),also know as the base flood, is the flood that has a 1%chance of -k......,...•' being equaled or exceeded in any given year.SFHAs include Zone A,AE, a.c.; V. AH, AO,V,and VE.The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information Notes: purchase applies in these zones: COUNTY: HAWAII Zone A:No BFE determined. TMK NO: (3)9-6-011:007 Zone AE:BFE determined. WATERSHED: PAHALA PARCEL ADDRESS: ADDRESS NOT DETERMINED ® Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); PAHALA,HI 96777 BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action); LETTER OF MAP CHANGE(S): NONE no BFE determined. FEMA FIRM PANEL-EFFECTIVE DATE: 1551661575F-SEPTEMBER 29,2017 Zone VE:Coastal flood zone with velocity hazard(wave action); 1551661800F-SEPTEMBER 29,2017 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 THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE: NO flood zone. No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng.hawaii.gov/dam/ 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 0 600 1,200 ft floodplain. 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 OTHER FLOOD AREAS 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. Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance If this map has been identified as'PRELIMINARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu- and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nities. lions to be used for compliance with local floodplain management regulations. Figure 7 �irvtl atldress ar�I�ce Q +% 1 • h .• � I „ • g. c ��yy y ry Hawaii County Informational GIS Web Application I , IN 2-acre Portion of •#.` `It dr" � Waloala Stream Subject Property w'' w (non-perennial) w. •ram" " S � Pi`ikea Gulch + UV '�kt (non perennial) Y All- r <• y :K ' r, ,f #.°"y'' �/ '{4 J k'"`"-s �„ f� "P'r,,yFc, r"" w.wr:�"vim •aw._ Coun of Hawali lTDe artment'Resource Me -n Nawaii,Maxar Figure 8 3F. Archaeological Resources It is unlikely any archaeological resources will be encountered on the proposed 2-acre portion of the Property as it has been previously cleared and historically used for cultivation. This can be seen in aerial photographs taken in 1965 and 1977 (Exhibits D and E). The Agricultural Land Use Map (ALUM) confirms that the Property was cultivated for sugar cane historically, as seen in Figure 9 below, identified as commodity "S" (See Exhibit F for ALUM definitions). The proposed use would require minimal grading on less than one (1) acre. In the event any inadvertent discoveries are made during any activity relating to this project, work will cease, and the applicants will immediately notify the Planning Department and the State Department of Land and Natural Resources and secure their clearances before proceeding further. 3,12T rrcv n .5 V, Subject Site a d (Approximate) - i <r,mmo�or ALUM-Cammodiry �' uiaccJ ]wl .awgsaapal auooroa 51 rk47)95 4<M1,GE6CO3 NGM k. VawaeaC dv Ev Figure 9: Agricultural Land Use Map (ALUM) for the Subject Property 3G. Floral and Faunal Resources Although there was no professional survey of the floral and faunal resources of this site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found on the Property. The majority of the Property is non-native grass, guinea grass (Megathyrsus maximus) and desmodium vine. The surrounding area is made up of 22 cook pine (Araucania columnaris), eucalyptus (Eucalyptus deglupta), macadamia nut (Macadamia tetraphylla), cypress (Cupressus macrocarpa) and other non-native shrubs and grasses. A small portion of the Ka`u Forest Reserve is located roughly 2 miles to the west of the subject Property and is considered an important bird area(Figure 10). There are four species that are endemic to Hawaii Island and are listed under the United States Endangered Species Act that may occur in this area. These include the the `Akiapola`au (Hemignathus munroi), Hawaii Creeper(Oreomystis mana), Hawaii `Akepa(Loxops coccineus), and the formerly endangered `Io or Hawaiian Hawk(Buteo solitarius). Other endemic forest birds in the area include I`iwi (Vestiania coccinea), Oma`o (Myadestes obscurus), and Hawaii `Elepaio (Chasiempis s. sandwichensis), `Apapane (Himatione sanguinea) and `Amakihi (Hemignathus virens). The Pueo or Hawaiian owl (Asio flammeus sandwichensis) and Nene or Hawaiian Goose may also utilize resources of the forest. Lastly, Hawaiian Petrel (Pterodroma sandwichensis) an endangered and endemic seabird has been known to transit the area while commuting to nesting areas higher on Mauna Loa, and it is possible that some may nest along the top margin of the Ka`u forest. The subject Property is located at approximately 1,770 feet above sea level. The portion of the Ka`u Forest Reserve to the northwest of the Property begins at 2,500 feet above sea level. The proposed use is not expected to produce a significant adverse impact to important birds due to the elevation and passive nature of the proposed use. As previously stated, the array of ten (10) satellite dishes will be in a fixed-position and will have no transmission. These design features make it unlikely to impact or attract any bird species in the area. There are no native trees on the parcel or in the immediate area, therefore, there is no flora which could be considered desirable habitat for native fauna. Introduced bird species such as spotted dove (Streptopelia chinensis), Japanese white-eye (Zosterops japonicus), house finch (Carpodacus mexicanus), and common myna (Acridotheres tristis) are also common in the area and throughout the island. Rapid `Ohi`a Death (ROD) is a fungal pathogen that has infected and killed many `ohi`a trees, which may exist to the north of the subject Property in the Ka`u Forest Reserve. In addition, Little Fire Ants (Wasmannia auropunctata) can impact floral and faunal resources and their spread should be mitigated. To further prevent the spread of ROD and Little Fire Ants mitigation measures must be put in place. This includes but is not limited to thorough cleaning of all equipment and personnel including shoes and clothing with 70% alcohol before accessing and leaving the site. 23 �"Xtk WWWA'Wr!,WWW WWWW WWWW WWWW'WWWWA WWW T �"" lmllmllmllmllmllmll 1 ''""'7. D yt.., it W .Wi IT2 cif aP Subject Property (appropximate) i Pa 11A1 q w Esri, HERE,Garmin, USGS, EPA National Au... Figure 10: Ka`u Forest Reserve in Relation to the Subject Property 3H. Valued Cultural Resources The Hawaii State Supreme Court's PASH and Ka Pa`akai O Ka `Aina decisions require decision-makers to consider a project's impact to native Hawaiian practices and resources. Specifically,prior to making a decision, State and County agencies must identify the cultural, historical, and natural resources and associated traditional and customary practices of the site, the impacts of the proposed project to those resources and practices, and the feasible action (i.e., mitigation measures), if any, to protect such resources and practices. No known archeological sites, historical or cultural resources are known to be located on the Property. It is not known whether the subject site or immediate surrounding area was ever used for traditional and customary rights by native Hawaiians. Since the site has been used previously for sugar cane cultivation and more recently cattle ranching, it would appear unlikely that the site would serve such a purpose today and/or in the recent past. 24 The requested action would require minimal grading on less than one (1) acre. The proposed 2-acre portion of the Property has been previously cleared and is used for grazing activities. The small area and low impact of the proposed land use makes the discovery of new resources unlikely. However, in the event any archeological resources were to be found on the property, all construction activity would cease in the immediate area, and the Department of Land and Natural Resources State Historic Preservation Division would be contacted immediately. 3I. Public Access The subject parcel is located approximately 6 miles from the shoreline. As such, no public access will be affected by this request. 3J. Description of Access The subject site is accessed off Wood Valley Road approximately 3.5 miles north of Pahala. A gravel driveway approximately 1,400 feet in length and 10 feet in width will serve the proposed use. The Property Owner has legal access to this driveway by way of Easement(Exhibit Q and will be able to grant access to ASIAA for the proposed action. An unobstructed clear width of 20 feet will be maintained along the driveway for Fire Department access. The condition of the road is moderate but adequate for the proposed use. No significant impacts are expected from transporting two (2) shipping containers and other equipment required for the proposed action. A gravel area approximately 20' by 30' is proposed for parking. 3K. Traffic Impacts Traffic in the Wood Valley area is generally low. Properties in the surrounding area are Agricultural A-20a. Traffic in the area consists mainly of landowners. The initial stages of the proposed project will require the transport of two (2) shipping containers, one (1) port-a-potty and the equipment required for one (1) catchment tank, ten (10) satellites, the dipole antenna array, and fencing. Minimal vehicular trips will be required during this stage therefore only short-term and negligible impacts to traffic are expected. Once operational, the proposed use will typically run unattended. One (1)person will occasionally perform routine checks and maintenance as needed, approximately once or twice a week. This will have virtually no impact to traffic in the surrounding area. Upon termination of the project, the applicant will return the site to its original condition. Similar short-term and negligible impacts to traffic may occur during the transport of all equipment and improvements off the Property. 25 3L.Availability of Utilities HELCO power is not available to the site, however, the applicant intends to provide power for the satellite array through solar panels. Power use on the property will be minimal since the proposed array of satellites and dipole antennas are reception only. Approximately 25-30 solar panels would be used. The subject Property is not served by the County water system. The subject site would be served by a rainwater catchment system with at least 4,000 gallons of storage for proposed use and fire suppression. The area receives over 83 inches of rain annually, which is more than adequate to support the planned catchment system. There will be no permanent structures placed on the Property under this request. Two (2) storage containers will support the computer/monitoring equipment space required to operate the satellite and antenna arrays. Waste will be handled by one (1)port-a-potty, which will be rented by the applicant. Typically, the site will operate unattended, with one (1)person checking on operations once or twice a week. The port-a-potty will be serviced as needed based on frequency of use. III. REGULATORY ANALYSIS 4A. Coastal Zone Management The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the subject parcel is approximately 6 miles from the Special Management Area and the shoreline. There is no public access, scenic or open space resources on the subject site. 4B. Impacts to Surrounding Properties The proposed land use will not have significant adverse impacts to the surrounding properties. If approved, the applicant would use a 2-acre portion of the 10.7-acre Property with no structures proposed within the property setbacks. The proposed action involves the temporary placement of ten (10) satellite dishes, a 50 by 50-foot array of dipole antennas, two (2) shipping containers, one (1)port-a-potty, one (1) catchment tank, a parking area, and fencing, which will enclose an area of 1.3 acres. Minimal impacts to noise are expected during this stage. The Property is located 1,400 feet(0.25 miles) east of Wood Valley Road, which is buffered by cook pine trees, and approximately 1,800 feet from any residence. The State of Hawaii owns the parcel located to the east, which is highly vegetated and vacant. There are no visual impacts associated with the proposed project due to the distance from neighboring parcels and established screening vegetation. Once operational, the satellite dishes and antenna array would not emit noise. They are designed for reception only and will therefore not transmit any radio waves. They will also not move. Once setup, they will stay in a fixed position facing the northeastern sky. These design features will produce negligible impacts to noise in the area. 26 Upon termination of the project, minimal and short-term impacts to noise may occur during the removal of equipment and improvements to restore the Property to its original condition. 4C. Impacts to Public Agencies The proposed project will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. The proposed use will operate off-grid using solar panels. A 4,000-gallon catchment tank system will be used for water and will also be adequate for fire suppression. A gravel road is already established to the site. The Property owner has legal access to use this road by way of Easement, which can be found in Exhibit C. The Property owner will be able grant access to ASIAA for the proposed land use. No improvements to any roads are anticipated to be necessary. 4D. Unusual Conditions Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established. Hawaii Island is well known for its scientific advancements in astronomy. Ka`u is a unique radio-quiet area, which is a requirement to study the phenomenon of Fast Radio Bursts. This research project is not technically viable in virtually any other area of the island due to the background radio noise typically present. The proposed project will contribute to scientific research, and education, while not altering the long-term agricultural conditions of the land. 4E. Land Suitability for Permitted Uses The proposed Special Permit area consists of 2-acres of land that is comprised of Udifluvents-Kuanene soils with 2 to 10 percent slopes (2kj9). Udifluvent soils are derived from alluvial flats on pahoehoe lava flows and is somewhat excessively drained with a low runoff class. Kuanene soils from ash fields on pahoehoe flows, are well drained and have high runoff. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH), the Property is unclassified land, and the majority of the subject portion is identified as "C" soils according to the Land Study Bureau. Only 2-acres of the 10.7-acre portion will be leased for the satellite and dipole antenna arrays and supporting infrastructure including the two (2) shipping containers, one (1) catchment tank, one (1)port-a-potty, a parking area, and fencing. The remaining portion of the Property is heavily vegetated with trees and shrubs. This area will remain untouched by the proposed land use. The proposed improvements will be temporary in nature and will have minimal impact to the subject Property and future agricultural use. They will not alter the essential character or conditions of the land. 27 4F. Land Character and Present Use The proposed use will not substantially alter or change the essential character of the land. The Special Permit area is currently used for ranching by the owner and would be leased to the applicant under a legally binding Lease Agreement if the Special Permit is approved. The remainder of the Property and larger surrounding properties would continue to be managed by Olsen Trust and would retain their present character and use. The lease agreement will include provisions deemed necessary by the Lessor, which the applicant will uphold. The proposed project is intended to preserve the essential character of the land by operating temporary, fixed, and reception-only satellite dishes and dipole antennas. A provision to return the site to its original condition upon termination of the lease may be included in the agreement, which the applicant will honor. No permanent improvement is being proposed as part of this request. 4G. Relationship to General Plan The proposed use will not be contrary to the goals,policies, and standards of the General Plan or the Ka`u Community Development Plan. As discussed in Section 3C, the proposed use conforms to the General Plans economic and land use goals and policies. The proposed request clearly meets the goals of the General Plan and will provide the applicant a unique opportunity for scientific advancement, research, and education. 4H. Unusual and Reasonable Use The proposed action is an unusual and reasonable use of the land, which would not be contrary to the objectives to be sought by the Land Use Law and Regulations, which, for the Agricultural District, seek to preserve or keep the land of high agriculture potential in agriculture usage. Lands in the Agricultural District include areas with a high capacity or potential for agricultural uses but also lands which are surrounded by or contiguous to agricultural lands and which are not suited to agricultural uses by reason of topography, soils, or other related characteristics. This request is unusual in that the proposed action is not solely agricultural in nature. The use would allow the applicant to use a 2-acre portion of the 10.7-acre Property to operate a satellite and antenna array to study Fast Radio Bursts (FRBs). The satellites and antennas require a radio-quiet area, would be fixed in position, and designed for reception-only. Supporting infrastructure on this portion of land would include two (2) shipping containers, one (1)port-a-potty, one (1) catchment tank, a parking area, and fencing. The Land Use Pattern Allocation Guide (LUPAG) designates the subject site as Extensive Agriculture and has a Land Study Bureau rating of"C". The proposed improvements are temporary in nature and will not alter the long-term conditions of the land. Hawaii Island is uniquely known for its contribution to scientific advancement in astronomy. The proposed Special Permit request would provide Ka`u the opportunity to contribute to furthering the research of a new scientific phenomenon. 28 Exhibit A R-116 STATE OF HAWAII 4%W �, BUREAU F CON EYANCES ED MAY 23,2007 08:01 AM Doc No(s)2007-092140 III II 11II�IIIIIIIIII � I�Illilll REGISTRAR OF CONVEYANCES 20 ill Z$ CTax(35): $5075.00 I LAND COURT REGULAR SYSTEM Return By Mail 0 Pick-Up To: EDMUND C.OLSON,TRUSTE LOAN NO.: 11560 Tennessee Avenue ESCROW NO.: 23100981 Los Angeles,CA 90064-1513 ORDER NO.: 00184463 This document is b pages. TITLE OF DOCUMENT: WARRANTY DEED PARTIES TO DOCUMENT: GRANTOR- EWM INVESTMENTS,LLC,a Nevada limited liability company,whose mailing address is 2116 Redbird Drive,Las Vegas,NV 89134 GRANTEE: EDMUND C.OLSON,Trustee of the EDMUND C.OLSON TRUST NO.2, u/a dated August 21, 1985,as amended and restated,with full powers and authority to buy,lease,mortgage and sell the property herein described, and other powers more fully set forth therein,whose mailing address is 115W Tennessee Avenue,Los Angeles,CA 90064-1513 TALC MAP KEYS(3)9-6-011-006 and 9-6-011-007 4836-2648-93451K23986/5-10-07 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That EWM INVESTMENTS, LLC, a Nevada limited liability company, whose mailing address is 2116 Redbird Drive, Las Vegas, NV 89134, hereinafter called the "Grantor", for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration, and in connection with an exchange by the Grantor under Section 1031 of the Internal Revenue Code of 1986, to the Grantor paid by EDMUND C. OLSON,Trustee of the EDMUND C. OLSON TRUST NO.2, u/a dated August 21, 1985, as amended and restated, with full powers and authority to buy, lease, mortgage and sell the property herein described, and other powers more fully set forth therein, whose mailing address is 11560 Tennessee Avenue, Los Angeles, CA 90064-1513, hereinafter called the "Grantee", the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee all of those certain parcels of real property designated on the tax maps of the Third Taxation Division, State of Hawaii, as Tax Map Keys 9-6-011-006 and 9-6-011- 007, more particularly described in Exhibit A attached hereto and made a part hereof, subject to the encumbrances noted therein. TOGETHER WITH ALL and singular the buildings, improvements, rights, tenements, hereditaments, easements, privileges and appurtenances thereunto belonging or appertaining or held and enjoyed in connection therewith. TO HAVE AND TO HOLD the same unto the Grantee, IN TRUST, and the Grantee's successors in trust and assigns, in fee simple forever. AND THE SAID GRANTOR does hereby covenant with the Grantee that the Grantor is lawfully seised in fee simple of said granted premises and that the said premises are free and clear of all encumbrances except as aforesaid, and except for assessments for real property taxes. And the said Grantor further covenants and agrees that the Grantor has good right to sell and convey the said premises in the manner aforesaid; that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons,except as aforesaid. AND the Grantee acknowledges and agrees that said granted premises are being sold and that the Grantee is acquiring said granted premises "AS IS". The Grantee understands 2 and agrees that said granted premises, including the land and all improvements thereon (including, but not limited to, the roof, walls, foundations, soils, plumbing, electrical and mechanical systems, etc.) are granted, sold, transferred and delivered by the Grantor to the Grantee in their existing "as is" condition, WITHOUT WARRANTY OR REPRESENTATIONS, EXPRESSED OR IMPLIED, except for the warranties of title set forth above. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. IT IS MUTUALLY AGREED that the terms "Grantor" and "Grantee", as and when used hereinabove or hereinbelow shall mean and include the masculine or feminine, the singular or plural number, individuals, associations, trustees, corporations or partnerships, and their and each of their respective successors in interest,heirs, executors,personal representatives, administrators and permitted assigns, according to the context thereof, and that if these presents shall be signed by two or more grantors, or by two or more grantees, all covenants of such parties shall be and for all purposes deemed to be their joint and several covenants. IN WITNESS WHEREOF, the Grantor and Grantee have executed these presents on this day of q , 2007. EWM INVESTMENTS,LLC,a Nevada limited liability company By: , Its: 3 By: Its: "GRANTOR" EDMUND C.OLSON, Trustee of the EDMUND C. OLSON TRUST NO.2, ufa dated August 21, 1985, as amended and restated "GRANTEE" APPROVED AS TO FORM CARLSMITH HALL LLP BY Robert D. Triantos 5-LO-07 4 STATE OFIcfE' P&* ss, f2 — COUNTY OF o",% {e f 0 ) On this l 4A day of 2007, before me personally appeared and ,r�. 0 , to me known (or proved to me on the basis of satisfactory evidence)that they are the and , respectively, of EWM INVESTMENTS, LLC, a Nevada limited liability company, and that said instrument was signed in behalf of. said company by authority of its Managers/Members and said Managers/Members acknowledged said instrument to be the free act and deed of said company, Name: V ANDY PRf ICE Notary Public © COMM,# 1509244 State of Nevada • NOTARY PUBLIC-CALIFORNIAI SAN DIEGo COUNTY fit CaM,F_'P.AUG.2Z 2408•+ .�„�„� My commission expires: oZ-1 STATE OF CALIFORNIA ) ss. COUNTY OF Ann-es ) n this ` h day of Mai , 2007, before me Notary Pubno personally appeared EDMUND C. OLSON, Trustee of the VrfMUND C. OLSON TRUST NO. 2, u/a dated August 21, 19$5, as amended and restated, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. Witne y hand and official seal. PATRICtA AHN!_ADAGA y COMM-01435949 W s Nolary PAII-CaHfornla �q • 14S A$G�LE8 COUNTY i r r My Comm.Exp.Aug 24,2007 Signature of Notary EXIUBIT "A" FIRST: All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Land Patent Grant Number 7704, portion Section "A", Part 1 to the Trustees under the Will and of the Estate of Bernice Pauahi Bishop) situate, lying and being at Makakupu & Puukoa, District of Kau, Island, County and State of Hawaii, being LOT 6, as shown on Bishop Estate Map 2274, and described as follows: Beginning at a concrete monument at the north corner of this parcel of land, the east corner of Grant 2158 to Lupenui and on the west boundary of Grant 2536 to Moa, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAMAKAMAKA" being 294.9 feet south and 2,159.5 feet west and running by azimuths measured clockwise from true South: 1. 3220 40' 1,254.00 feet along Grant 2536 to Moa to a concrete monument; 2. 2130 42' 486.60 feet along same to a pipe in concrete; 3. 44 54' 1,130.30 feet along Government Land along fence to a pipe in concrete; 4. 1010 10, 897.00 feet along Grant 6267-D to Hawaiian Agricultural Company to a "+" on concrete; 5. 100 37' 492.00 feet along same to a "+" on concrete; 6. 2810 10' 1,004.00 feet along same to a pipe in concrete; 7. 3580 00' 923.50 feet along Government Land along fence to a pipe in concrete; 8. 5" 56' 1,170.10 feet along same to a pipe in concrete; 9. 1270 20' 9.00 feet along Grant 2598 to Aua to the east corner of Grant 2386 to Aua; 10. 1290 08' 887.00 feet along Grant 2386 to Aua; 11. 1280 12' 2,274.00 feet along same to a pipe in concrete in Piikea Gulch about 30 feet makai of Wood Valley Road, the direct azimuth and distance to "AUA" Triangulation Station being 22' 31' 211.2 feet; EXHIBIT "A" Page 1 of 4 12. 2140 46' 2,846.00 feet along Grant 2456 to Wahahee and Grant 2158 to Lupenui to the point of beginning and containing an area of 131.5 acres, more or less. Saving and excepting therefrom.the following parcel. All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Grant Number 7704, Apana 6 to B. P. Bishop Estate) situate, lying and being at Makakupu, Ka'u, Island, County and State of Hawaii, being PARCEL 9 of the "WOOD VALLEY ROAD", and described as follows: Beginning at the Southeast corner of this parcel of land, being also the Northeast corner of Parcel 8 (Wood Valley Road), same being also portions of Grant 2386 to Aua and Grant 2456 to Wahahee, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAMAKAMAKA" being 2,644.01 feet South and 3,760.15 feet West and running by azimuths measured clockwise from true South: 1. 1280 12' 17.97 feet along Parcel 8 (Wood Valley Road), same being also a portion of Lot 6 of John Bull Subdivision(File Plan 2034); 2. 214" 46' 52.53 feet along Parcel 16 (Wood Valley Road), same being also a portion of Grant 2456 to Wahahee; 3. 293" 48' 30" 7.42 feet along remainder of Grant 7704, Ap. 6 to B. P. Bishop Estate; 4. 230 48' 30" 56.04 feet along remainder of Grant 7704, Ap. 6 to B. P. Bishop Estate, to the point of beginning and containing an area of 0.016 acre, more or less. SECOND: All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Land Patent Grant Number 6267 to Hawaiian Agricultural Company) situate, lying and being at Makakupu, District of Ka'u, Island, County and State of Hawaii, being LOT D, IKAMURA CAMP SITE, KAALAALA-MAKAKUPU TRACT, and more particularly described as follows: Beginning at an iron rail 10 feet mauka. from center of flume, the coordinates of said iron rail referred to Goverrunent Survey Triangulation Station "KAMAKAMAKA" being 1839.57 feet south and 2105.61 feet west, as shown on Government Survey Registered Map No. 2441,and running by true azimuths: EXI11BIT "A" Page 2 of 4. 1. 100 37' 492.00 feet along a line parallel to and 10 feet mauka from the center line of flume to an iron rail; 2. 2810 10' 1004.00 feet along fence; 3. 1780 23' 504.50 feet along fence; 4. 1010 10' 897.00 feet along fence to the point of beginning and containing an area of 10.7 acres, more or less. AS TO PARCELS FIRST AND SECOND: TOGETHER 'WITH easements for access, roadway, utility, water and pipeline purposes, over, under, across, upon and through the Property as reserved in and granted by Limited Warranty Deed dated April 22, 2004, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2004-084468, as modified pursuant to that certain Correction Limited Warranty Deed dated November 18, 2004, and recorded in said Bureau of Conveyances as Document No. 2004-249828. Being a portion of the land conveyed by the following: LIMITED WARRANTY DEED Grantor: C. BREWER AND COMPANY, LIMITED, a Hawaii corporation, successor by merger to MAUNA KEA AGRIBUSINESS CO., INC., as evidenced by Certificate of Merger dated July 02, 2004, and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2004-136136, and successor by merger to KA'U AGRIBUSINESS CO., INC., also known as Kau Agribusiness Company, Inc., as evidence by Certificate of Merger dated July 02, 2004, and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2004-136137 Grantee: EWM INVESTMENTS, LLC, a Nevada limited liability company Dated: December 02,2004 Document No. 2004-249829 SUBJECT,HOWEVER TO: I. Reservation in favor of the State of Hawaii of all mineral and metallic mines. EXHIBIT"A!e Page 3of4 2. AS TO PARCEL FIRST: Flume as shown on tax map 3. AS TO PARCEL SECOND: (a) The terms and provisions, including the failure to comply with any covenants, conditions and reservations,contained in the following: GRANT OF EASEMENT AND AGREEMENT REGARDING USE OF LAND By and between: SEAMOUNTAIN-HAWAII RANCH COMPANY, INC., a Hawaii corporation, as Grantor, and KA'U AGRIBUSINESS CO., INC., a Hawaii corporation, as Grantee Dated: May 08, 1987 Book: 20684 Page: 240 Purpose: granting an easement and unrestricted right to engage in any type of farming operation,etc. and incidental purposes (b) Any and all existing roadways, trails, easements, right-of-way, flumes and irrigation ditches. (c) Lack of a recorded access, to and from a public roadway. 4. Covenants, conditions, restrictions, reservations, agreements, obligations, exceptions and other provisions as contained in the following: LIMITED WARRANTY DEED Dated: December 02, 2004 Document No. 2004-249829 but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant(a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons 5. Claims arising out of customary or traditional rights and practices, including without limitation those exercised for subsistence, cultural, religious, access or gathering purposes as provided for in the Hawaii Constitution or the Hawaii Revised Statutes, as amended. EXHIBIT "A„ Page 4 of 4 Exhibit B LETTER OF INTENT This Letter of Intent is made by and between the following parties on this 30th day of June 2022: "Lessor": EDMUND C. OLSON TRUST NO. 2 46 Amalu`ulu Road, Hilo, Hawaii 96720 "Lessee": ACADAMIA SINICA INSTITUTE OF ASTRONOMY AND ASTROPHYSICS (ASIAA) 645 North A`ohuku Place, Hilo, Hawaii 96720 BACKGROUND: The Lessor is the owner in fee simple of the 10.7-acre property in question identified as Tax Map Key No. (3) 9-6-011:007. The parcel is located approximately 3.5 miles north of Pahala along Wood Valley Road, Ka`u, Hawaii (hereinafter"Property"). The Lessor has legal access to the lot and can permit access to ASIAA. USE OF LEASED PREMISES: The Lessee desires to lease a 2-acre portion of the Property for the purpose of erecting an array of ten (10) satellite dishes with two (2) storage containers, solar panels, one (1)porta-potty, and one (1) catchment tank, to conduct scientific studies on the astrophysical origin of fast radio bursts. NON-BINDING: This document does not create a binding agreement between the Lessor and Lessee and will not be enforceable unless a Special Permit is approved by the Windward Planning Commission of Hawaii County. A County Background and Environmental Report will be submitted by Land Planning Hawaii LLC to the Windward Planning Department on behalf of the Lessee for this Special Permit request. If approved, a formal Lease Agreement will be drafted to contain legally binding conditions and provisions as deemed appropriate by the Lessor for the proposed land use. Such provisions may include but are not limited to term length, rent and taxes, use and maintenance of premises, improvement conditions, liability, and options to renew lease. TERMS AND CONDITIONS: Approval of the Special Permit by the Windward Planning Commission and a binding Lease Agreement between both parties must be obtained before any improvements are made to the Property. ACKNOWLEDGEMENT: This document accurately reflects the understanding between the Lessor and Lessee and will act as a formal letter of intent to lease the Property, while the Lessee's Special Permit application is pending. EDMUND C. OLSON TRUST NO. 2 "Lessor" 40 6/21/2022 By: Sig ature (date) Jeffrey Clark Chief Operating Officer Print Name Title ACADAMIA SINICA INSTITUTE OF ASTRONOMY AND ASTROPHYSICS "Lessee" By:. M—� DVJV--\ JGCne 30, 2022 Signature (date) 1,11 n9-Tcv�9 Chen .1 e,JG ey/ J1're(f Zor off' 46Z44 Print Name Title Exhibit C R-564 STATE OF HAWAII r { BUREAU OF CONVEYANCES RECORDED DEC i 0,2004 08:01 AM Doc No(s)2004-248628 REGISTRAR OF CONVEYANCES CONVEYANCE TAX: $0.00 20 112 Z3 LAND COJILT4 SYSTEMSY Return by Mail ( Pickup { ) To: C BREWER AND CONFANY � fiGn P 0 Box 1826 TGEi PAPAIKOU HI 96781--1826 MEC}EAEL L NAGAI Tax Rey: (3) 9-6-011-008 Total No. of Pages: _ l t CORRECTION LIMITED WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: WHEREAS, by Limited Warranty Deed dated April 22, 2004, and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2004-084468, MAUNA KEA AGRIBUSINESS CO. , INC. , a," Hawaii corporation, whose address is P.D. Box 1826, Papaikou, Hawaii 96781-1826, conveyed to WHITNEY H. COFFMAN, single, whose address is P. O. Box 608, Pahala, Hawaii 96777 , all of its right, title and interest in and to the real property described in Exhibit "A" attached to said Limited Warranty Deed O the Property ) ; and 28892A-1/C. Brewer-CoffmanlPAHfasu/10/27/04 --1— WHEREAS, by said Limited Warranty Deed, MAUNA KEA AGRIBUSINESS CO. , INC. also excepted, reserved, and granted unto itself and its successors and assigns, the existing easements which were in use for roadway, access and utility purposes, over, under, across, along, upon and through the real property as shown on the map attached to said Limited Warranty Deed as Exhibit "B" , , and WHEREAS, the parties desire to amend the said map attached to said Limited Warranty Deed as Exhibit "B" ; and WHEREAS, MAUNA KEA AGRIBUSINESS CO. , INC. was merged into C. BREWER AND COMPANY, LIMITED, a Hawaii corporation, pursuant to Certificate of Merger dated July 2, 2004, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2004-136136; NOW THEREFORE, C. BREWER AND COMPANY, LIMITED, a Hawaii corporation, successor by merger to MAUNA KEA AGRIBUSINESS CO. , INC. , pursuant to said Certificate of Merger dated July 2, 2004, recorded as Document No. 2004-136136, whose address is P. 0. Box 1826, Papaikou, Hawaii 96781-1826, hereinafter called the "Grantor, " for and in consideration of the above recited premises and the further consideration of ONE DOLLAR ($1. 00) to Grantor paid by WHITNEY H. COFFMAN, single, whose address is P. 0. Box 608, Pahala, Hawaii 96777, hereinafter called the "Grantee, " the receipt whereof is hereby acknowledged, does hereby rescind the said Limited Warranty Deed, and does hereby grant and convey unto 28892A-1/C. Brewer-Coffman/PAH/asu/10/27104 -2- t the Grantee, as a tenant in severalty, the real property described in Exhibit "A" attached hereto and by this reference incorporated herein; subject, however, to all encumbrances noted on said Exhibit "A" . EXCEPTING, RESERVING, AND GRANTING unto the Grantor, its successors and assigns, the existing easements which are now in use for roadway, access and utility purposes, over, under, across, along, upon and through the Property as shown on the map attached hereto as Exhibit "B" and by this reference incorporated herein, said easements being reserved with the full right of Grantor to unilaterally assign or designate the benefitted parcel (s) from time to time unless otherwise noted on said Exhibit "B" . TOGETHER WITH the right to designate said easements within the Property for the aforesaid purposes, if necessary or desirable, and together with rights of reasonable access thereto in connection with the exercise of said easement rights, and together also with the right to grant to the State of Hawaii, the County of Hawaii, the United States of America, the owners of lots in the surrounding cortnunity, and any appropriate governmental agency, public or private utility, and/or any other corporation, partnership, entity, or individual, easement (s) for these purposes within said easements over, under, across, along, upon and through the Property; provided, however, that such easement rights shall be exercised in such manner as to not 28892A-1JC. Brewer-Coffman/PAHloBu/10/2 /04 -3- unreasonably interfere with the use of the said premises by the Grantee. TO HAVE AND TO HOLD the same, together with any improvements thereon and the rights, easements, privileges, and appurtenances thereunto belonging or appertaining unto the Grantee, the heirs, representatives, administrators, successors and assigns of the Grantee, forever. AND the Grantor covenants with the Grantee that the former is now seised in fee simple of the property granted; that the latter shall enjoy the same without any lawful disturbance; that the same is free from all encumbrances made by persons claiming by, through or under the Grantor, except the liens and encumbrances hereinbefore mentioned, and except also the liens and encumbrances created or permitted by the Grantee after the date hereof; and that the Grantor will WARRANT and DEFEND the Grantee against the lawful claims and demands of all persons claiming by, through or under the Grantor, except as aforesaid. The Grantor and Grantee hereby agree that Grantee shall not alter, divert or restrict the natural flow of water on the Property without first obtaining the written approval of the County of Hawaii or the Ka'u Soil and Water Conservation District for the proposed change to the flow of water. The Grantor and Grantee hereby further agree that Grantor makes no warranties or representations regarding the availability of utilities to the Property, and Grantee 28892A-1/C_ Breyer-Coffman/PAW9ffu/10127/Od -4- acknowledges that the Property is without such utilities and accepts the Property "as is " . It is understood and agreed that it shall be Grantee's responsibility to establish services for such utilities to the Property. The Grantee acknowledges that the Property excludes the parcels of land described in said Exhibit "A" as Parcels 16 , 18 and 28 of "wood valley Road" , which are required for road and bridge maintenance, slope or support features in connection with Wood Valley Road; PROVIDED, HOWEVER, that if said Parcels 16, 18 and 20 are not of sufficient width as required by the State of Hawaii and/or the County of Hawaii for right of way, road or bridge purposes, then the Grantee shall grant to the State of Hawaii or County of Hawaii, as applicable by way of deed or easement, such additional land as may be reasonably required for such purpose and on the terms customarily required by the State of Hawaii or County of Hawaii . The terms "Grantor" and "Grantee" , as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine or feminine, or neuter, the singular or plural number, individuals or corporations, and their and each of their respective successors, heirs, personal representatives, and permitted assigns, according to the context hereof. If these presents shall be signed by two or more Grantors or by two or more Grantees, all covenants of such parties shall for all purposes be joint and several. 28892A-1/C. Brewer-Coffman/FAH/®®u/16/27/04 -5- The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF, the Grantor and the Grantee have executed these presents on this day of 20c3A . APPROVED AS TO FORM. C. BREWER C P , LIMITED MANCINI, WELCH& GEIGER By Peter A. Horovitz By Avery Ch 1 Its Exec ` e e President tJohn Cross is ce President, Real Estate Successor by merger to MAUNA KEA AGRIBUSINESS CO. , INC. , as aforesaid Grantor r WHITNEY H. COFFMAN Grantee 28892A-i/C. Brewer-Coffmmipm/ssu/18/27I04 -6- STATE OF HAWAII } SS. COUNTY OF HAWAII On this day of November, 2004, before me personally appeared AVERY B. CHUMBLEY and JOHN C. CROSS, to me personally known, who, being by me duly sworn or affirmed, did say that such person(s) executed the foregoing instrument as the free act and deed of such person(s) , and if applicable, in the capacities shown, having been duly authorized to execute such instrument in such capacities . X��-�61-6 Print Name: Nora Rosario Notary Public, State of Hawaii. My commission expires : 12-13-2006 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) on this , day of f�' 20L, before me personally appeared WHITNEY H. COFFMAN, to me personally known, who, being by me duly sworn or affirmed, did say that such person(s) executed the foregoing instrument as the free act and deed of such person(s) , and if applicable, in the capacities shown, having been duly authorized to execute such instrument in such capacities . Print Name- Notary Public, State of H aii. My commission expires : 28892A-1/C. Brewer-Coffman/PAH/eeu/10/27/04 —7— _ EXHIBIT "A" All of that certain parcel of land (being portion(s) of the land(B) described in and covered by Royal Patent Grant Number 2456 to Wahahee, Royal Patent Grant Number 2158 to Lupunui, Royal Patent Grant Number 2536 to Moa and Royal Patent Grant Number 2686 to Kipi) situate, lying and being at Kaalaala-Kapalapala, District of Ka'u, Island and County of Hawaii, State of Hawaii, f bearing Tax Key designation (3) 9-6-011-008, and containing an area of 106 . 640 acres, more or less . Saving and excepting therefrom the following parcels: All of that certain parcel of land (being portions of the land(s) described in and covered by Royal Patent Grant Dumber 2456 to Wahahee situate, lying and being at Makakupu, Ka'u, Island and County of Hawaii, State of Hawaii, being PARCEL 16 of the "WOOD VALLEY ROAD" , and thus bounded and described: Beginning at the southwest corner of this parcel of land, being also the northwest corner of Parcel 8 (Wood Valley Road) , being a portion of Lot 6 of John Bull Subdivision (File Plan 2034) , the coordinates of said point of beginning referred to Government Survey Triangulation Station " " being 2, 624. 86 feet south and 3, 784 . 48 feet west and thence running by azimuths measured clockwise from true South: 1 . 2030 48 ' 30" 48.34 feet along Parcel 12 (Wood Valley Road) ; 2 . 2930 48 ' 30" 22 . 58 feet along remainder of Royal Patent Grant Number 2456 to Wahahee; 3 . 3411 46 ' 52 . 53 feet along Parcel 9 (Wood Valley Road) , being a portion of Land Patent Grant Number 7704, Apana 6 to B. P. Bishop Estate; 4 . 1260 12 ' 13 .00 feet along Parcel B (Wood Valley Road) , same being also a portion of Lot 6 of John Bull Subdivision (File Plan 2034) to the point of beginning and containing an area of f 0. 020 acres, more or less. 28992A-1/C. Bremer-Coffman/PAH/esu/10127/04 -8- All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Grant Number 2158 to Lupenui situate, lying and being at Puukoa, Ka'u, Island and County of Hawaii, State of Hawaii, being PARCEL 18 of the "WOOD VALLEY ROAD" , and thus bounded and described: Beginning at the southwest corner of this parcel of land, being also on the east side of Parcel 12 (Wood Valley Road) , the coordinates of said point of beginning referred to Government Survey Triangulation Station " being 112.53 feet south and 2630 . 41 feet west and thence running by azimuths measured clockwise from true South: 1. 2050 52 ' 76 .00 feet along Parcel 12 (Wood Valley Road) ; 2 . 2950 52 , 30.00 feet along remainder of Royal Patent Grant Number 2158 to Lupenui; 3 . 250 52 ' 76 . 00 feet along remainder of Royal Patent Grant Number 2158 to Lupenui; 4. 1150 52 ' 30. 00 feet along remainder of Royal Patent Grant Number 2158 to Lupenui to the point of beginning and containing an area of 0 . 052 acres, more or less . All of that certain parcel of land (being portion (s) of the land(s) described in and covered by Royal Patent Grant Number 2686 to S. Kipi situate, lying and being at Kailiula, Ka'u, Island and County of Hawaii, State of Hawaii, being PARCEL 20 of the "WOOD VALLEY ROAD" , and thus bounded and described: Beginning at the southwest corner of this parcel of land, being also on the east side of Parcel 12 (wood Valley Road) , the coordinates of said point of beginning referred to Government Survey Triangulation Station " " being 2, 627 .92 feet north and 1, 301.69 feet west and thence running by azimuths measured clockwise from true South: 1. 2050 52 ' 110 .00 feet along Parcel 12 (Wood Valley Road) ; 18842A-1/C. Brewer-Coffman/PAH/saW 10/27104 -4- 2 . 2950 52 ' 30.00 feet along remainder of Royal Patent Grant Number 2686 to S. Kipi; 3 . 250 52 , 110 .00 feet along remainder of Royal Patent Grant Number 2686 to S. Kipi; 4 . 1150 52 ' 30 . 00 feet along remainder of Royal Patent Grant Number 2686 to S . Kipi to the point of beginning and containing an area of 0. 076 acres, more or less . Being the premises acquired by Mauna Kea Agribusiness Co. , Inc. by Quitclaim Deed dated December 15, 1993, and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 93-208054 . Further confirmed by Final Judgment dated December 16, 1998, filed in Civil No. 98-415, Third Judicial Circuit, on December 16, 1998 , and recorded in the said Bureau of Conveyances as Document No. 93-190483 on December 18, 1998 . SUBJECT, HOWEVER, to the following; 1 . Reservation in favor of the State of Hawaii of all mineral and metallic mines. 2 . Claims arising out of customary and traditional rights and practices, including without limitation those exercised for subsistence, cultural, religious, access or gathering purposes, as provided for in the Hawaii Constitution or the Hawaii Revised Statutes. 3 . The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in Grant of Easement and Agreement Regarding Use of Land dated May 8, 1987, and recorded in the said Bureau of Conveyances in Liber 20684 on Page 240, by and between Seamountain-Hawaii Ranch Company, Inc . , "Grantor" and Ka`u Agribusiness Co . , Inc . , "Grantee. 4. Grant to Hawaii Electric Light Company, Inc. , a Hawaii corporation, and Hawaiian Telephone Company, a Hawaii corporation, now known as verizon Hawaii Inc. , dated September 11 , 1987 , and recorded in the said Bureau of Conveyances in Liber 21216 on Page 742, granting a non-exclusive right and easement to 28e92A-I/C. a=ewer-caefman/PAH/asur10127104 -1 0- build, construct, rebuilds reconstruct, repair, maintain, operate and remove pole and wire lines and/or underground lines, etc. , along portion of Grant 2686 . 5. Any and all existing roadways, trails, easements, right-of-way, flumes and irrigation ditches. 6. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other matters which a correct survey or archaeological study would disclose. Note: A current survey, with metes and bounds description, should be made of said premises . END OF EXHIBIT "A" Tax Key: (3) 9-6-011-008 2BB97A-I/C. Brewer-Coffman/PAH/esu/10/27/04 -1 1- ylloOt }b Rodd YNoOAI VWby Redd Pe eM zo ., Pdra11 Is �r POW 'ID _ .—... J 0 b i ---- - 10 a�d*rat7odndRrruYgpol : w y _J 10,17,10 a s IN OddleMMon to tooeg dll�wq ds pdet d4Yddd P B v 8uh�e�TO 30'Road dnd lltld(y Yda>y Redd ldwNidian Wow V� � Twe(�"MI-c0! r PW-b17 G.�ras°. T✓lM bJe t TO 3W Rodd Emew w ; i is 1 4 4rO1of / 1 a u •• „d To�RRddr r Tti!Cc(»aa-011-me a eo► KAALAq[q-NA?gK!/PU GOVERNMENT TRACT SCCriON A PART 4 ' r a v 4 0 e t Q y e. t Q i I e 3 e 4.vx pe� sec d11 =. 5w K [Aql A-KAMLAPAr— IA Xj AWAI.1 h4—Ay- 4. Exhibit D F�� � F'�`r�p1 kM ��o i ,/4�• m, low Nry .A\n r *� k�•in � A. e ,e•^. ky 1 7Y. `'4"� no n f� a ,t, Duly•u d tb :v l' A fu�` f way 'K jr Zj ! 1 �f rtdk� x+,..r��' ^ i,�a �',.>g� •.,r ri.�. r .Yf� � � x � � f .e L•''ar.... -fir J }a..�" '`r+ " ol 3 y � t v 'b xl �^ •� �¢ lOFF Exhibit E Al #�,I OU, 4, r IVY Y H Exhibit F Layer Name: Agricultural Land Use Maps Coverage Name: ALUM Layer Type: Polygon Status: Complete Geog. Extent: Main Hawaiian Islands Projection: Universal Trans Mercator,Zone 4(Meters) Datum: NAD 83 HARN Description: Agricultural Land Use Maps for islands of Kauai,Oahu, Maui, Molokai, Lanai and Hawaii. Source: State Department of Agriculture 1:24,000 hand drafted stabiline maps;compiled and drafted during 1978-80 from information from State DOA Planning and Development Section,and the US Soil Conservation Service. History: Digitized in Arc/Info version 6 using ArcEdit by the Office of State Planning(OSP)from State Department of Agriculture's 1:24,000 stabiline maps. Attributes: Polygons: FID Feature ID AREA area of polygon (sq. meters) PERIMETER perimeter of polygon (meters) COMMODITY Type of Agricultural Land Use or Crop COMMODITY Definition A ANIMAL HUSBANDRY A-1 Grazing A-2 Dairy A-3 Hog A-4 Poultry F FIELD CROPS F-1 Vegetables/Melons F-2 Flowers F-3 Foliage and Nursery F-4 Forage and Grain O ORCHARDS O-1 Banana O-2 Papaya 0-3 Macadamia Nuts 0-4 Avocado O-5 Coffee O-6 Guava O-7 Other Additional Codes entered by OP staff based on aerial photographs: P Pineapple Q Aquaculture S Sugarcane W Wetlands Contact: Hawaii Statewide GIS Program,Office of Planning,State of Hawaii, PO Box 2359, Honolulu, HI 96804; (808)587-2846. email: gis@hawaii.gov 9 G R1 77 � Pier ar -�.._ pr.t I0 ! o _�— " wrmo MA, r ,,� 09 K/ 1 J Subject Property jJ Rrnx� A.�✓ Lear Kt b�r�r /u�'9lf.fu. C N /raALAALA -MAKAf,(lPf! Gp VERNMENT TRgCT SECT/ON A GgRT 4 Q ` � J e Q v Q 10 f.. e r Q a Q � x �✓ st a 4 e 9 6 I I KAALAALA-KA�LAPALA,XAO,-1AWA/L(Hawes A— Ca) Figure 1 � � �J f'UJ LLRE�R + Z = Z Q Z ��RoaNa ar I G)e 9 G) QQJQ G)G)G) E)G)E) amm g TMK:3-9-6-011:007 TMK:3-9-6-011:OO6 a oiao�uu.er�runRrsnr 3ao� ______________ }I ___ _____-______ a \ ASIAA soaaai Peann Area SPECIAL App.,z�,� \ PERMIT CONCEPTUAL \ SITE PLAN Figure 2 ASIAA Special Permit Area Location ,F Aj rr. . m Aw I Yd. p/ I " A R n v 7 M 5 M , w r q, 11/3/2022, 12:32:09 PM 1:7,925 0 0.05 0.1 0.2 mi 0 Parcels (yearly RPT extract with valuation and gPublic Links) 0 0.1 0.2 0.4 km Parcels (current boundary lines) Address Points Resource Mapping Hawaii,Maxar,County of Hawaii IT Department Street Centerlines Hawaii County District Boundary Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal,engineering,or surveying purposes. LAND" * .:.. PLANNING 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 H AWA I I L L C info(c,Iandplanninghawaii.com December 22, 2022 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Revised Site Plan for Special Permit Application (PL-SPP-2022-000025) Applicant: Academia Sinica Institute of Astronomy and Astrophysics (ASIAA) Pahala, Ka`u, Hawaii TMK: (3) 9-6-011: 007 We have been working with Mr. Whitney Coffman, owner of the nearest neighboring parcel (TMK (3)9- 6-011:008). Dr. Chen and I visited his beautiful farm on 11-8-22 to discuss the project and any concerns he might have. We toured the proposed Special Permit area with Mr. Coffman and areas on his farm that he would like to preserve view planes from. There were two sites that he has identified as potential future building sites. The topography of the larger Olson Trust parcel between Mr. Coffman's and the subject parcel allows for less view impacts if the Special Permit uses were sited on the north side of the subject parcel. Additionally, Mr. Coffman requested that screening plantings be incorporated along the side of the site facing his property. To this end we have adjusted the proposed site plan to shift the Special Permit uses to the north where they would be less visible due to the lay of the land and incorporated a screening planting of bamboo and bananas along the western Special Permit area fence line. Please also see the attached photo from one potential building site on Mr. Coffman's property showing the proposed special permit area relative to views from that site. Please also find enclosed an updated location map for the proposed Special Permit area. We trust that everything is in order for your acceptance and continued processing of the application. 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 Enclosures Revised Site Plan, View to site from Coffman Property, Updated Location Map %ram .^3Ya. f 4.,��^ �` a, •:,�2++ � +t'��'�+�"r'� '�'*k,'�''+ *a^'�,.""�}� Y74."T'•. ��' S .r^ 'r+,.,rt �, k, vo * �^+B.3r�1 04 -"Yl ---7 +�M'�'" „fry «�►-a�4 W P . n ■+.. Aa r.o,`� �"' A , r. �, rz" Y,�� Sys r� .. ri'��Y'>.y". ^. .� ''"w, •. a w+4 e�n`,"" ,d.- v,u � ��•tl.,a..R+ ,µa"�,,,.,,7 � � t r ;*,w ^ �� * �., �. .. £,. �` %'�+'d'�"�.� ten, �+•�.�""�,c"� a �r,+u:.`'ax^,x.,,, , ��,��'�iC � .r"+:. .ram y y ,,f °•'+' ri. „*., 'Y^zr d,^+, ,"f�„n " � R + � �� ":^ am--,�n� .rl'r'""�* a"".+s't� ,`TM�, r"""`" �r 'w•t` �► ,"" � /!� « 2 acre Proposed r * r"" ,r+ x y Special Permit Area w , . r i'' j Dll IIVMbH DNINNV]d = U)W W a a w U W -, UNVI O U 31 U 5��5 N w n 0 o r� Y w I a� PQollo-.zeal z _a N¢ C"III/1 -L/ _ a a �rrrrrr�-r a� w i �a o 1 sbz Z64 O O O O d) M � O �X � 9hx iln'ffi,; P�# 1 1 n z a w l > }4 c ="�.=.�<F r `= r 7 s �"��� �tiyu� � "c th�� wv,-,��e W V,,4 ��i,��Y � u� T a��4'�`�'°��� �� �• ��.'� 47 "N�� � �: ay V ✓. w� !� �. a DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: October 10, 2022 7940 w TO: Zendo Kern, Planning Director FROM- Department of Public Works, Engineering Division SUBJECT: Special Permit Application (PL-SPP-2022-000025) Applicant: Academia Sinica Institute of Astronomy and Astrophysics Request: Temporary Operation of An Array of Satellite Dishes to Conduct Research on Fast Radio Bursts (FRBs) TMK: 9-6-011.007 We have reviewed the subject request forwarded by your memo dated September 20 and provide the following- 1. 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. 2. All activities shall comply with the requirements of Hawaii County Code, Chapter 10, Erosion and Sedimentary Control. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Deps. Exhibit 2 County of Hawaii is an Equal Opportunity Provider and Employer Dy WATER QUA lot Iee DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI 345 KEKLJANAD'A STREET, SUITE 20 • HILO, HAWA119672 0 ;,Awr.■; TELEPHONE (808)961-8050 • FAX (808) 961-8657 October 11, 2022 COSH PLANNING DEPT OCT 12 2022 pm2:06 REC'D HAND DELIVERED TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Permit Application (SPP 2022-000025) Applicant—Academia Sinica Institute of Astronomy and Astrophysics (ASIAA) Request—To Allow for the Temporary Operation of an Array of Satellite Dishes to Conduct Research on Fast Radio Bursts (FRBs) Tax Map Key 9-6-011:007 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject property is not within the service limits of the Department's existing water system facilities. Therefore, the Department's existing water system facilities cannot support the proposed development at this time. Extensive improvements and additions, which may include, but not be limited to source, storage, booster pumps,transmission, and distribution facilities, would be required. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at(808) 961-8070, extension 255. Sincerely yours, �V�4vwc Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy—Academia Sinica Institute of Astronomy and Astrophysics (ASIAA) Planning Dept. Exhibit 3 . . . Water, Our Most(Precious&source. . . Kg Wai,4 pane . . . The Department of Water Supply is an Equal Opportunity provider and employer. 14 Mitchell D.Roth �'y�' 1�rr Ramzi I. Mansour Mayor ;, Director Lee Lord Brenda Iokepa-Moses u Managing Director Deputy n'Director County of Hawai'i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 • Hilo,Hawai'i 96720 - cohdem@hawaiicounty.gov Ph: (808)961-8083 •Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, DirecOvoXL Q.Use.P��— Department of Environmental Management DATE: September 23, 2022 SUBJECT: Special Permit Application(PL-SPP-2022-000025) Applicant: Academia Sinica Institute of Astronomy and Astrophysics (ASIAA) Request: To Allow for the Temporary Operation of an Array of Satellite Dishes to Conduct Research on Fast Radio Bursts (FRBs) Tax Map Key: (3) 9-6-011:007; Ka`u, Hawaii 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. (X) Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. ( ) 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. ( ) 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 September 23, 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 21- 26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Proposed activity may be subject to existing or future federal, state, or county regulation under Title 40 CFR 403.5, prohibiting discharge of certain pollutants into publicly owned treatment works. Contact the Hawaii Department of Health for information regarding pretreatment standards. (X) Applicant shall follow Department of Health regulations. ( ) Other: RM:pls 2 SUZANNE D.CASE DAVID Y.IGE 4 6 .... A BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII �".(P p 1959 '9`, COMMISSION ON WATERRESOURCEMANAGEMENT y a ROBERT K.MASUDA ! FIRST DEPUTY M.KALEO MANUEL DEPUTY DDUCTOR WATER AQUATIC RESOURCES v, BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES STATE OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT HRWALI CONSERVATION AND COASTAL LANDS DE„A„ MEN "F LAND AND NATURAL RESOURCES CONSERVATION ANDENGINEERING ENFORCEMENT r x lv V lv lv lv RESOURCES ENGINEERING DIVISION OF FORESTRY AND WILDLIFE `DSTO"I P"EsEWILDLIFE ` 1151 PUNCHBOWL STREET,ROOM 325 Icy+BOOLAWE ISLAND RESERVECOMMISSION LAND HONOLULU,HAWAII 96813 STAFF PARES October 12, 2022 MEMORANDUM Log no. 3814 TO: RUSSELL Y. TSUJI, Land Administrator Land Division FROM: LAINIE BERRY, Wildlife Program Manager Division of Forestry and Wildlife SUBJECT: Division of Forestry and Wildlife Comments for the Special Permit Application to Allow for the Temporary Operation of an Array of Satellite Dishes to Conduct Research on Fast Radio Bursts (FRBs) on Hawaii Island The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW)has received your request for comments on behalf of the Academia Sinica Institute of Astronomy and Astrophysics (ASIAA) regarding the Special Permit Application (PL-SPP-2022-000025) to temporarily operate an array of satellite dishes to conduct scientific studies on the astrophysical origin of FRBs on a parcel located in Ka`u, on the island of Hawaii, TMK: (3) 9-6-011: 007. The proposed project consists of leasing a 2-acre portion of a 10.7-acre parcel for the purpose of erecting an array of ten commercial TV satellite dishes, a 50-foot by 50-foot dipole antenna array, a gravel driveway and parking, two storage containers, a solar panel array, one port-a-potty, one catchment tank, underground powerline, and fencing. DOFAW concurs with the mitigation measures included in the Special Permit Application (PL- SPP-2022-000025) outlined to minimize and prevent the spread of invasive species. We also recommend (1) minimizing the movement of plant or soil material between worksites; (2) consulting the Big Island Invasive Species Committee (BIISC) at (808) 933-3340 to help plan, design, and construct the project, learn of any high-risk invasive species in the area, and ways to mitigate their spread; (3) and that the information and guidance at the following website be reviewed and followed if`6hi`a trees are present at the project site that will be removed, trimmed, or potentially injured: https://cros.ctahr.hawaii.edu/rod to prevent the spread of Rapid `Ohi`a Death (ROD). DOFAW provides the following additional comments regarding the potential for the proposed work to affect listed species in the vicinity of the project area. The State listed Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus semotus) could potentially occur at or in the vicinity of the project and may roost in nearby trees. Any required site clearing should be timed to avoid disturbance to bats during their birthing and pup-rearing season (June 1 through September 15). During this period woody plants greater than 15 feet (4.6 meters) tall should not be disturbed, removed, or trimmed. Barbed wire should also be avoided for any construction because bats can become ensnared and killed by such fencing material during flight. Planning Dept.. Exhibit_ 5 are present during construction, then all activities within 100 feet (30 meters) should cease, and the bird or birds should not be approached. Work may continue after the bird or birds leave the area of their own accord. If a nest is discovered at any point, please contact the Hawaii Island Branch DOFAW Office at(808) 974-4221. The State listed Hawaiian Hawk or `Io (Buteo solitarius) may occur in the project vicinity. DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests are present if trees are to be cut. `Io nests may be present during the breeding season from March to September. The project area is within the range of the State listed Blackburn's Sphinx Moth (Manduca blackburni) or B SM. Larvae of BSM feed on many nonnative hostplants that include tree tobacco (Nicotiana glauca), which grows in disturbed soil. We recommend contacting the Hawaii Island Branch DOFAW office at (808) 974-4221 for further information about where BSM may be present and whether a vegetation survey should be conducted to determine the presence of plants preferred by BSM DOFAW recommends removing plants less than one meter in height or during the dry time of the year to avoid harm to BSM If you intend to either remove tree tobacco over one meter in height or to disturb the ground around or within several meters of these plants, they must be thoroughly inspected by a qualified biologist for the presence of BSM eggs and larvae. We appreciate your efforts to work with our office for the conservation of our native species. These comments are general guidelines and should not be considered comprehensive for this site or project. It is the responsibility of the applicant to do their own due diligence to avoid any negative environmental impacts. Should the scope of the project change significantly, or should it become apparent that threatened or endangered species may be impacted, please contact our staff as soon as possible. If you have any questions, please contact Paul Radley, Protected Species Habitat Conservation Planning Coordinator at(808) 295-1123 or paul.m.radleyghawaii.gov. Sincerely, /L 5-7 LAINIE BERRY Wildlife Program Manager HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO, HAWAII 96720 DATE September 20, 2022 Memorandum TO PLANNING DEPARTMENT, COH FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: ACADEMIA SINICA INSTITUTE OF ASTRONOMY AND ASTROPHYSICS SPECIAL PERMIT APPLICATION. In regards to the above mentioned project, Fire Department Access and Water Supply shall comply with Chapter 18 and Section 11.12 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii County Code. For any questions please email Clinton.Baybayan(&hawaiicounty.,zov or call 808-323-4761. Respectfully Submitted, Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept. Exhibit 6 ro+ SUZANNE D.CASE A F iy CHAIRPERSON DAVID Y.IGE 't f.e "�}L ti BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT ref ROBERT K MASUDA YFIRST DEPUTY O T Ni KALEO MANUEL �V "'' DEPUTY DREC.TOR-WATER N p S' d'' AQUATICRE.SOURCE.S BOATINGANDOCEANRECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS STATE OF HAWAII CONSERVATION AND RESOURCES ENTORCEMENT ENGINEERING FORESTRY AND WILDLIFE tyre of wz+ay DEPARTMENT OF LAND AND NATURAL RESOURCES RAHGGLA IS s AN ESsER TI°oMMIssION LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIIIEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 September 30,2022 IN REPLY REFER TO: Zendo Kern,Director Project No.2022PRO1193 Planning Department Doc.No. 2209SN13 County of Hawaii Archaeology 101 Pauahi Street, Suite 3 Hilo,HI 96720 plarminggliawahcolqLty.gov Dear Mr.Kern: SUBJECT: Chapter 6E-42 Historic Preservation Review Academia Sinica Institute of Astronomy and Astrophysics County of Hawaii Special Permit Application(PL-SPP-2022-000025) Ka`ala`ala,Kanaio Ahupua`a,Ka`n District,Island of Hawaii TMK: (3)9-6-011:007 This letter provides the State Historic Preservation Division's (SHPD's) review of the subject County of Hawaii special permit application received by our office on September 22,2022.The submittal includes a County of Hawaii Special Permit application(dated June 30, 2022), a location map, and a site plan. Land Planning Hawaii, LLC., on behalf of the lessee, Academia Sinica Institute of Astronomy and Astrophysics(ASIAA),requests comments for the proposed installation and temporary operation of an array of satellite dishes to conduct research on Fast Radio Bursts.The current project area comprises a 2-acre portion of the 10.70-acre parcel. Project Description The proposed project area is within the Wood Valley Homestead Lots. The project will consist of the installation of ten commercial TV satellite dishes(20 ft.in diameter)with 7-ft.-tall support poles; a foundation for a 50-ft.by 50-ft. dipole antenna array, including metal posts spaced 3 ft. apart; a gravel driveway (-1,400 ft. by 10 ft.); a gravel parking area (30 ft. by 20 ft.); and 2 storage containers and solar panel array. The project will also include underground power lines, connecting the satellite and dipole antenna arrays, with lines placed within conduit trenched in the ground. Lastly, the project will also include installation of fencing to enclose approximately 1.3 acres. Findings A review of SHPD records indicate that no archaeological inventory survey has been conducted and no historic properties have been identified within the project area.Additionally,the project area has been significantly impacted by prior sugarcane cultivation and modern agricultural uses. The proposed project will have minimal subsurface impacts as anticipated depths will not extend below prior cultivation zone. Therefore,it is unlikely that the proposed project would cause any impacts to historic properties. Determination SHPD's project effect determination is no historic properties affected for the proposed project. Pursuant to HAR §13-284-7(e), when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence and historic preservation review ends. The HRS 6E historic preservation review process is ended.The permit issuance process may proceed. Please attach to permit: In the unlikely event that subsurface historic resources, including human skeletal remains, structural remains,cultural deposits,artifacts,sand deposits,or sink holes are identified during the demolition and/or Planning Dept. Exhibit 7 Mr.Kern September 30,2022 Page 2 construction work,cease work in the immediate vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division,at(808)933-7651. Please contact Sean Naleimaile at(808)933-7653 or at sean.p.naleimaileghawaii.gov for any questions or concerns regarding this letter. Aloha, Alan S.Downer,PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Jessica Andrews,Jessica.andrewskhawaiicount�gov John Pipan,infoklandplanninghawaii.com DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Special Permit Application (PL-SPP-000025)—Request to Allow for the Temporary Operation of an Array of Satellite Dishes to Conduct Research on Fast Radio Bursts (FRBs) Location: Ka`u, Island of Hawaii TMK(s): (3)9-6-011: 007 Applicant: County of Hawaii on behalf of Academia Sinica Institute of Astronomy and Astrophysics (ASIAA) COMMENTS The rules and regulations of the National Flood Insurance Program(NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area(high-risk areas). Be advised that 44CFR, Chapter 1, Subchapter B,Part 60 reflects the minimum standards as set forth by the NFIR Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood zones subject to NFIP requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official FIRMS can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT) could also be used to research flood hazard information. If there are questions regarding the local flood ordinances,please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui,Department of Planning (808) 270-7139. o Kauai: County of Kauai,Department of Public Works (808) 241-4849. Signed: C(Jr CARTY S. CHANG, CHIEF ENGINEER Date: Oct 10, 2022 Planning Dept. Exhibit 8