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PD BACKGROUND REPORT (PL-USE-2023-000020)
BRenegadeUSE ja.10.3123 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT RENEGADE TOWERS,LLC USE PERNHT APPLICATION (PL-USE-2023-000020) RENEGADE TOWERS, LLC is requesting a Use Permit to allow the construction of an unoccupied, multi-carrier telecommunications facility to include a 150-foot-tall `monopole' tower and related equipment within a 4,994-square foot portion of a larger 44,214-square foot parcel. The subject property is located at 92-8627 Paradise Circle Makai, approximately 450 feet north of its intersection with Keaka Parkway, Ocean View, Ka`u, Hawaii, TMK: (3) 9-2-101:071 (por.). APPLICANT'S REQUEST 1. Proposed Use: The applicant is requesting a Use Permit to construct a new, unoccupied telecommunication facility, consisting of a 150-foot-tall `monopole' tower with antennas, equipment cabinets, utility h-frame and diesel emergency generator. The 4,994-square foot project site includes a 2,244-square foot (66' x 34') equipment space enclosed with a 6-foot-high fence and a 2,750-square foot (275' x 10') access road (please note that the application incorrectly states the access road land area as 275 square feet). The tower, which will be painted to blend with existing vegetation, will be designed to meet the 2018 International Building Code and withstand a basic wind speed of 144 miles per hour. Security lighting, meeting with the County's lighting ordinance, will be mounted near the ground equipment. The proposed facility will be unmanned; however, maintenance and repair activities will be performed by service personnel approximately once a month or during an emergency outage. It should be noted that the applicant develops towers for the wireless community. 2. Reason for the Request: According to the applicant, the objective of the new facility is to improve existing cell phone coverage in nearby residential neighborhoods including, but not limited to, adjacent areas of the Hawaiian Ocean View Estates (HOVE) subdivision and the Hawaiian Ranchos subdivision as well as extending coverage on Hawaii Belt Road. Additionally, the proposed facility will improve indoor coverage in HOVE and provide emergency call services in areas with little or no existing coverage. 1 3. Co-location: The proposed tower will be designed to accommodate the co-location of telecommunication carriers. According to the applicant,AT&T has committed to locating on the tower as the anchor tenant while T-Mobile and Verizon Wireless have expressed interest in co-locating in the future. According to the applicant, existing cell phone coverage is provided by a 100-foot-tall cell tower located approximately 3 miles southwest of the proposed tower. 4. Tower Height Justification: According to the applicant, the proposed 150-foot-tall tower height is necessary to overcome topography and tall trees to ensure the proper line of sight needed to extend service to the Hawaiian Ranchos subdivision and extend coverage both northwest and southeast of Hawaii Belt Road. If the tower height were reduced, it would reduce the coverage footprint for AT&T and other carriers who would eventually co-locate on the tower. 5. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — Use Permit Application submitted on October 20,2023 and Supplemental Information submitted on November 10,2023) 6. Landowner: Renegade Towers LLC. BACKGROUND INFORMATION 7. Telecommunications Act of 1996: The Telecommunications Act of 1996, Section 704, as amended, recognizes the absence of health hazards from wireless radio wave transmissions and prohibits local authorities from regulating the placement of such towers based on environmental effects, so long as the towers comply with the Federal Communication Commission's (FCC) guidelines. The applicant and subsequent tenant telecommunication service providers will comply with all Federal Communications Commission (FCC) and Federal Aviation Administration (FAA)rules. STATE AND COUNTY PLANS 8. State Land Use District: Agricultural. 9. General Plan LUPAG Map Designation: Rural. 10. County Zoning: Agricultural-I acre (A-la). 11. Special Management Area: The subject parcel is approximately 5.7 miles from the nearest shoreline and is not situated within the Special Management Area. 2 12. 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 Rural in the Land Use Policy Map for Ocean View. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Description of Property and Permit Area: The subject, 44,214-square foot property is roughly trapezoidal in shape and sits at an elevation of approximately 2,120 to 2,160 feet above sea level. The property is unimproved with no existing structures and is vegetated with brush, scattered trees, and bare lava. The proposed 2,244-square foot equipment space is situated in the northwest corner of the property. The tower will be set back approximately 46 feet from the closest property line, which exceeds the Zoning Code's minimum setback requirement of one foot for every five feet of tower height (30 feet for the proposed 150-foot tall tower). 14. Surrounding Zoning/Land Uses: Properties immediately adjacent to the subject property are zoned Agricultural-1 acre (A-la) with a parcel just north of the highway zoned Village Commercial-40,000 square feet (CV-40) and parcels across the highway to the southwest zoned Agricultural-3 acres (A-3a). These properties range in size from about 1 acre to 6 acres. The properties surrounding the subject property are being used for churches, dwellings, and agriculture, with many vacant properties. Kahuku Park and a County water tank are located directly across Paradise Makai Circle, while the nearest residence is located on parcel No. 9-2-101:044, approximately 220 feet southwest of the proposed tower location. 15. Flood Zone: Zone "X",which is determined to be an area of minimal flood hazard. 16. Agricultural Lands of Importance to the State of Hawaii (ALISH): Unclassified. 17. Land Study Bureau's Detailed Land Classification System: "E" or"Very Poor' soils. 18. U.S.D.A. Soil Survey: Kapua-Lava flows complex, 2 to 10 percent slopes. 19. Flora and Fauna Resources: Vegetation in the project area is primarily grasses and bushes, lantana, mamane, `6hi`a, christmas berry, and silky oak trees. 20. Archaeological/Historic/Cultural Resources: Scientific Consultant Services, Inc., conducted a cultural resources review and archeological field inspection of the subject property. Their report, dated June 27, 2023, concluded there are "no historic properties located within the 0.5-mile radius APE [Area of Potential Effects] of the current project 3 area", that "there will be no direct impact to any archeological sites" and "no added indirect visual impacts to sites from the construction of the proposed cellular tower." By letter dated July 19, 2023, the Department of Land and Natural Resources-State Historic Preservation Division (SHPD) concurred that no historic properties will be affected by the proposed project. 21. Public Access: There is no designated public access to the mountain or shoreline that runs through the property. PUBLIC UTILITIES AND SERVICES 22. Roadway Access: Access to the facility will be off Paradise Circle Makai, a private road owned by HOVE Road Maintenance Corporation, a not-for-profit association of which the owner is a member. The proposed access driveway from Paradise Circle Makai to the project site will be 10 feet wide and approximately 275 feet long. The applicant proposes to finish the access road with compacted dirt. 23. Water: The proposed use does not require water. 24. Wastewater: The proposed use will not generate wastewater. 25. Solid Waste: According to the State Department of Health (DOH), all solid waste and hazardous materials generated during construction must be properly disposed of at DOH- permitted solid waste management facilities. 26. Essential Utilities and Services: The essential utilities of electricity and telephone are available to the site. The applicant has not confirmed if high-speed fiber optics are available to the site. However, if fiber optic is not available, then a microwave dish will be installed on the tower to provide such service from another location. 27. Public Safety: The Ocean View fire station is located about 2 miles northwest of the property and the nearest police station is located about 15 miles to the east in Na`alehu. AGENCY COMMENTS 28. State Department of Health: (Planning Department Exhibit 2 — October 31, 2023 Memo) 29. Department of Public Works—Engineering Division: (Planning Department Exhibit 3—November 3,2023 Memo) AGENCY-NO COMENTS OR CONCERNS 30. Police Department. 4 AGENCY-NO RESPONSE 31. Department of Land and Natural Resources — Land & Engineering Divisions, Hawaii County Civil Defense Agency, Fire Department, Department of Finance — Real Property Tax, Hawaiian Ocean View Estates Community Association. PUBLIC CONMENTS 32. Email from Tim Reed, October 16,2023 (Planning Department Exhibit 4) 33. Email from Karen Priban, October 23,2023 (Planning Department Exhibit 5) 5 DeVera, Ashley From: danette@martinpacific.com Sent: Friday, October 20, 2023 1 2:00 PM To: Andrews,Jessica Cc: Jackson, Maija; 'Michael Miller' Subject: RE: Renegade Towers Use Permit, PL-USE-2023-000020 Attachments: Plans - Ocean View - 104ZD.pdf; Background Report v1.pdf; Ocean View Design Parameters - CPS Signed.pdf Please find the revised application and drawings addressing the following: 1. Your list will be used for the mailing the notices; 2. The access road s.f. has been added in the permit area. 3. The remaining part of the property will be left vacant with its current landscape to mitigate any aesthetic concerns. It is possible that a future agricultural tenant could occupy the remaining property in the future, although that is not the objective at this time. 4. Paragraph 5 of the Telecommunication Tower Attachment has been revised to include the statement that future tenants are licensed by the FCC and will comply. 5. Information regarding future tenants have been included in the application. 6. Drawings were revised to show 150' height throughout the drawings and application. 7. Both T-Mobile and Verizon have shown a strong interest in collocating on the tower. Information has been added to application. 8. A revised structural engineer letter has replaced the old letter. Please let me know if you need anything else. Danette Martin Consultant to Renegade Towers 76-6357 Kololia Street Kailua Kona, Hawaii 96740 Telephone: 808-895-3569 From: Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov> Sent: Friday,September 22, 2023 4:21 PM To: Danette Martin<danette@martinpacific.com> Cc:Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Subject: Renegade Towers Use Permit, PL-USE-2023-000020 Aloha Danette, After review of the above-referenced application for a Use Permit,we have found several missing or incomplete items that need to be addressed before we can accept the application. Please submit a complete revised document to replace the old document.We will hold the filing fee and will continue processing the application upon receipt of all requested additional information,as follows: Planning Dept. 1 Exhibit 1 1. Surrounding Property Owners list is incomplete. It's missing several property owners as compared to the Real Property Tax Office generated list(see attached RPT list). 2. Permit Area:The application states the size of the requested use as 2,244 SF. However,this only includes the equipment area,and does not include the access road. Please revise the request to state the total area to be used for the proposed use. 3. Remaining land area: Provide a statement on how the remaining land area will be used in accordance with the agricultural Loning,as this perrnit is Far a portion of the property. 4. Items#5 and 6 of the Telecommunication Tower Attachment are regarding compliance with FCC regulations on RF emissions and potential for interference with County public safety radio system.Since Renegade is a tower infrastructure company,the applicant states that they don't need to show corpliance, but future tenants will need to comply. While there is a statement for item#6 regarding the need for future tenants to comply,there is no such statement for item #5. Please provide this with the revised document. 5. Item#7 of the Telecommunication Tower Attachment states"If you are an infrastructure company, a commitment from a minimum of two service providers shall be identified in the application."There is no mention of a commitment from any other company other than AT&T,which is contrary to this requirement. Please provide a statement of commitment from another service provider aside from AT&T,or provide an explanation why a second service carrier cannot make a commitment. 6. Site Plan states the monopole is 100'tall, contradicting the application which states it's 150'tall. Please revise the Site Plan to be consistent with the application. 7. Elevations show antenna equipment dedicated to T-Mobile, in addition to AT&T.There was no mention of T- Mobile within the application narrative. Please explain if T-Mobile is planned to be a second service provider, and if so, provide verification of commitment. 8. Structural E ngineer's Letter:The document references the design of a 100' tower and refers to an incorrect building code. Please revise for consistency and accuracy. Refer to this link for information regarding current code: https:l/www.dpw.hawaiicounty.gov/divisions/building/building-code-amendments-informationlbuilding- code-changes-effective-septem ber-1-2021 Let me know if you have any questions or concerns. Thanks, Jessica Jessica Andrews, Planner County of Hawai'i Planning Department 161 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 (808) 961-8155 jessica.and rews!R hawai icou nty_gov 2 USE PERMIT APPLICATION COUNTY OF HAWAIJ PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT'S): Renegade Towers LLC Ah4APPLICANT'S SIGNATURE: r DATE: 6/09/2023 ADDRESS: 92-8627 Paradise Circle Makai, Ocean View, Hawaii LIST APPLICANT'S INTEREST (if not owner): NIA PHONE: (Sus.) 415-609-0099 (Res.) (Email REQUEST: To allow the construction of a 150' multi-carrier telecommunication facility TAX MAP KEY(S): 9-2-101-071 ZONING: A-1 A SIZE OF PROPERTY 1 AREA OF REQUESTED USE:44,214 s.f- 2,244 s.f. LANDOWNER(S): Renegade Towers LLC FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may he provided by totter with the below statement nieluded): DATE: 1 6/0912023 - - DATE: AGENT: Danette Martin, MP Property Services AGENT ADDRESS: 76-6357 Kololia Street, Kailua Kona, HI 96740 PHONE: [Sus.) 808-895-3569 (Res.) (Email) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Electronic submittal COPIES: PROPERTY: TMK (3) 9-2-101:071 ADDRESS: 92-8627 Paradise Circle Makai, Ocean View, Hawaii 96737 AREA: 44,214 S.F. APPLICANT: RENEGADE TOWERS LLC OWNER: RENEGADE TOWERS LLC AGENT: DANETTE MARTIN, (808) 895-3569 Table of Contents INTRODUCTION ............................................................................................................................................3 WRITTEN STATEMENT..................................................................................................................................3 1. DE-AILED WRITTEN DESCRIPTION OF THE PROPOSED USE,A STATEMENT OF OBJECTIVES AND REASONS FORTH E REQUEST................................................................................................................3 2. DESCRIPTION OF THE SUBJECT PROPERTY INSUFFICIENT DETAIL TO PRECISELY LOCATE THE PROPERTY. DESCRIBE EXISTING USES, STRUCTURES AND TOPOGRAPHY...........................................5 3. STATE/COUNTY PLANS AFFECTING THE SUBJECT REQUEST: STATE LAND USE BOUNDARY ❑ESIGNATION, ZONING, SPECIAL MANAGEMENT AREA AND COMMUNITY DEVELOPMENT PLANS..5 4. SURROUNDING ZONING AND LAND USES............................,...........................................................6 5. FLOOD INSURANCE RATE MAP(FIRM) DESIGNATION ....................................... ..............6 6. FLORAL AND FAUNA RESOURCES ....................................................................................................6 7. DESCRIPTION OF ACCESS(S) IN THE AREA ............................... ................................ .......................7 8. TRAFFIC IMPACTS .............................................................................................................................7 9. AVAILABILITY OF UTILITIES: WATER,TELEPHONE, ELECTRICITY, SEWAGE DISPOSAL ....................7 10. A. WRITTEN DESCRIPTION OF HOW THE REQUEST MEETS WITH THE FOLLOWING STANDARDS 7 B.THE GRANTING OF THE PROPOSED USE SHALL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE NOR CAUSE SUBSTANTIAL ADVERSE IMPACT TO THE COMMUNITY'S CHARACTER OR TO SURROUNDING PROPERTIES.......................................................................... 10 C.THE GRANTING OF THE PROPOSED USE SHALL NOT UNREASONABLY BURDEN PUBLIC AGENCIES TO PROVIDE ROADS AND STREETS, SEWERS, WATER, DRAINAGE, SCHOOL IMPROVEMENTS, POLICE AND :]RE PROTECTION AND OTHER RELATED INFRASTUCTURE ........12 TELECOMMUNICATION TOWERS ATTACHMENT TO USE PERMIT 1. What is your schematic plan for tower development on the Big island? Provide a reap and written description of these sites. Justify how this particular sulaject site plays an integral part in thisoverall plan ..............................................................................................................................12 2. Building plans forthe tower, certified by a structural engineer licensed in the State of Hawaii, verifying that the tower,together with initial antennas and other equipment proposed to be installed thereon for co-location, are structurally sound and wind resistant. 12 3. A design plan for the tower and appurtenant structures, including discussion on tower selection and antennas, visual impacts, color, lighting, landscaping and safety...........................12 ]. � r7age 4. A statement from the applicant that the request complies with the Federal Aviation Administration that the application has not been found to be a hazard to air navigation...........13 5. A statement from the applicant that the request complies with the regulations of the Federal Communications Commission, including requirements on radio frequency emissions, or a statement that no such compliance is necessary.................. .................. ....... ...... ...... .......13 6. A statement from the applicant that the proposed use will not interfere with the County of Hawaii public safety radio system.................................................................................................. 13 7. A statement from the applicant that space on the tower for co-location of antennas or attachments will be made available to other providers, if this can be done without substantial interference to the applicant's use of the tower. If you are an infrastructure company, a commitment from a minimum of two service providers shall be identified in the appl ication....14 & A statement from the applicant that diligent, but unsuccessful efforts to install or color-ate the applicant's telecommunication antennas on existing towers or feasible antenna support structures have been made. Identify those sites that you have investigated and explain how those sites are inadequate and how the site selected is the least obtrusive.................................14 9. Provide justification for the height of the proposed tower by including propagation maps for the coverage area at proposed height and at a lower height if the proposed tower is more than 100-feet tall. If the site involves increasing the height of an existing tower, provide propagation maps to show analysis of signal quality at the existing and proposed height................................14 10. Have you met with adjacent landowners and/or community regarding the development? Provide information regarding those meetings..............................................................................15 FCC CONSUMER FACTS—HUMAN EXPOSURE TO RADIO FREQUENCY FIELDS.........................................17 PHOTO SIMULATIONS................................................................................................................................18 STRUCTURAL ENGINEER LETTER .......................................................................................................22 SCHEMATICPLAN .................................................................................................................. ...........---25 FAA NOTICE CRITERIA CLEARANCE...............................................................................................•............32 SIHPOLETTER...............................................................................................................................................33 DEED SUBJECT TO MEMBERSHIP IN HOVE ROAD MAINTENANCE CORPORATION .................................35 2 1 .- "This is a broadband-related permit issued pursuant to section 46-89,Hawaii Revised Statutes." INTRODUCTION The Applicant,Renegade Towers LLC("Renegade Towers)is requesting a Use Permit to allow the development of an unoccupied Multi-Carrier Telecommunications Facility, The proposed Telecommunication Facility consists of 2.244 s.f. equipment space and 275 s,f. access road on 44.214 s.f.. The total area for this requested use is 2,514 s.f, The Applicant is proposing a 150'monopole with equipment for its anchor tenant AT&T which includes equipment cabinets,utility l-frame and diesel emergency generator.The facility will be completely-enclosed by a 6'fence in (lie County-s Agriculture 1-acre zone district(`7hc Project'}. Renegade Towers owns,operates and develops towers specifically for the wireless community. Renegade Towers has principles and dedicated consultants in Hawaii, Oregon, California and Nevada. WRITTEN STATEMENT 1. DETAILED WRITTEN DESCRIPTION OF THE PROPOSED USE,A STATEMENT OF OBJECTIVES AND REASONS FOR THE REQUEST,INCLUDING HOURS OF OPERATION AND NUMBER OF EMPLOYEES/CLIENTELE. The Applicant proposes an unoccupied Multi-Carrier Telecommunication Facility on this 44,214 s.f of land at 92-8267 Paradise Circle Makai, Ocean View.Hawaii,TMK(3) 9-2-101-071 in the County-7s Agriculture 1-acre zone district("the Facility"). The proposed Facility is 36'x 66' or 2,244 s.f with an access road 10-wide and approximately 275 s.f. The proposed will occupy a total of 2.514 s.f. The remaining part of the proper y will be left vacant with its current landscape to mitigate any aesthetic concerns. It is possible that a future agricultural tenant could occupy the remaining property in the future_although that is not the objective at this time. The objective is to improve the existing cell phone coverage surrounding the tower location,along Hawaii Belt Road.and south to Hawaiian Ranchos Subdivision. The I-1awair County's zoning code permits telecommunications in the A-zoned district if a Use Permit is obtained for such use. The Applicant proposes the use of a 150' monopole painted to blend with the surrounding area. The Applicant is proposing to paint the monopole instead of offering a monopine or other stealth structure. The monopole will offer a smaller silhouette than a stealth alternative and have the least visual impact on the area. Of note_the National Forest Service has recently revised their preference to monopole due to the ability blend into the surrounding area when painted and eliminating the shedding from faux pine tree branches and the resulting debris. The current cell phone coverage is being provided by a 100'three-legged tower near the corner of Palm Parkway and Reef Parkway and is almost 3 miles southwest of die proposed tower. It should be noted that neither a tree pole nor a monopole was not required for the 100' recently approved and constructed three-legged tower at Palm and Reef. The proposod tower will provide coverage for the southeast portion of Hawaiian Ocean View Estates (--HOVE")and Hawaiian Ranchos(-RANCHOS") Subdivision. 31 rage AT&T has committed to be the anchor tenant with the other carriers to follow sometime in the future. AT&T prepared a propagation map showing the existing coverage without the proposed Facility and the coverage expected with the new Facility. The reaps below clearly shows that the proposed Facility will provide solid coverage in and around the proposed Facility,provide coverage to Hawaiian Ranchos subdivision and extend coverage both northwest and southeast of Hawaii Belt Road. This Facility will provide E911 services in areas that currently have little or no coverage. Current LTE Coverage without HIL03049 Ocean YX L{ 1 I-spend([aVerage Signafl rgy1 J�■Q� -� Projected LTE Coverage with HIL03049 Ocean View 96 ft, 126 ft and 146 ft 1=6 F 1161t � l •Id`Coverage 9gwl! ww,w sr.• ! i� Enlarged Maps on Pages 30 and 32 4 Page This Facilih-is not occupied. Approximately once per month or during an emergency outage,a technician will visit the site for maintenance work. The technician's vehicle will park on the access road in front of the fenced compound. 2. DESCRIPTION OF THE SUBJECT PROPERTY IN SUFFICIENT DETAIL TO PRECISELY LOCATE THE PROPERTY. DESCRIBE EXISTING USES,STRUCTURES AND TOPOGRAPHY. IF ONLY A PORTION OF THE PROPERTY IS TO BE USED,STATE THE USE OF THE REMAINDER OF THE PROPERTY. The proposed Facility located in Hawaiian Ocean View Estates ("HOVE"),Kahuku Ahupua'a,Ka`u District, Island of Hawaii, Hawaii, The property is on the west side of Paradise Circle Makai across from the County's water tank. The subject parcel is currently undeveloped with no structures existing. Only the 2.244 s.f of the 44,214 s.f, is proposed to be developed into a proposed Multi-Carricr Telecommunication Facility-. The location of the proposed tower is an area where there are few homes and is surrounded by scattered bushes and Ohia trees. 3. STATEICOUNTV PLANS AF'F'ECTING THE SUBJECT REQUEST: STATE LAND USE BOUNDARY DESIGNATION,ZONING,SPECIAL MANAGEMENT AREA AN COMMUNITY DEVELOPMENT PLANS. State Land Use Boundary Designation. The subject property is designated Agricultural by the State's Land Use Bou ndan map. Telecommunication towers are a permitted use by the State's Land Use Ordinance. General Plan Designation. The subject property is designated agriculture in the Count-y's General Plan, County Zoning Code. The subject property is situated in the County's Agricultural 1-acre(A-IA) zoned district The Zoning Code does allow Telecommunications as permitted use if a Use Permit is obtained for such use. Community General Plan. The subject property is govemed by the Kau Community Development Plan (CDP). Surrounding Zoning. The surrounding lands also zoned Agricultural. Special Management Area(SMA). The subject parcel is outside of the County's Special Management Area. Archaeological Resources. Ace Environmental cultural resources review and held inspection cfthe properly. Their report dated June 27,2023 is included with this Application. The report concluded that- "The archival research and literature search indicate that there are no historic properties located within the 4.5 mile radius APE of the current project area.The archaeological field inspection conducted by 5C5 confirmed there wi II be no direct impact to any archaeological sites and that there will be no added indirect visual impacts to sites from the construction of the proposed cellular tower." The State's Historical Preservation Office concurred with the determination of no historic properties affected in their letter dated July 19, 2423. 51 Peage 4. SURROUNDING ZONING AND LAND USES. Only a small portion of this property will be used for this proposed Facility. To the west,the properties are undeveloped. To the east is the County's water tank. To the north,the closest home from the tower is 365' according to Google Earth The homes to the south are approximately 275' from the tower. 11 - 5 P � 5. FLOOD INSURANCE RATE MAP (FIRM) DESIGNATION State of Hawaii,Department of Land and Natural Resources, Flood Hazard Assessment Tool determined that the F1RM designation is "X" -Areas determined to be outside 500-year floodplain determined to be outside the 1%and 0.2%annual chance floodplains. 6. FLORAL AND FAUNA RESOURCES Vegetation is primarily grasses and bushes,lantana(.Lantana camara),m5mane (Sophora chrysophylla),'ohia(Metrosideros polymorpha),Christmas berry(Schinus terebinthifolius),and silky oak (Grevillea robusta)(Starr Environmental 2017).The overall appearance of the project area lands is of semi-arid savanna grassland with brush, scattered trees and bare lava. 6 1 P a g e 7.DESCRIPTION OF ACCESS(S)Ili THE AREA(E.G. WIDTH,TYPE OF SURFACE AND CONDITION OF ROADWAY). IF A PRIVATE ROADWAY,SUBMIT EVIDENCE OF ACCESS RIGHTS A new 10' wide access road is proposed for this Facility is taken from Paradise Circle Mauka Drive,a private road owned by HOVE Road Maintenance. The property owner/application is a member of the not-for-profit association as required by all property owners. A copy of the deed showing that the property is subject to die HOVE Bylaws and CC&Rs. The proposed access road is approximately 275` long and is intentionally curved so that the natural landscaping could be used to hide the ground equipment. The Applicant proposes to finish the road with compacted dirt. A locked gate will be placed at the road to discourage trespassers, 8. TRAFFIC IMPACTS—ASSESSMENT OF EXISTING TRAFFIC CONDITIONS, ANTICIPATED INCREASE IN TRAFFIC AND TRAFFIC IMPACTS FROM PROPOSED USE (A FORMAL STUDY MAY BE REQUESTED BY DEPARTMENT OF PUBLIC WORKS OR DEPARTMENT OF TRANSPORTATION DURING THE REVIEW PROCESS) A traffic study was not performed for this Project_as this is not an occupied-type facility. Only son ice personnel who must visit the location on an as needed basis will have access to the facility. Construction traffic will be Iiinited to delivering of material and construction workers to construct the telecornmtmication facility. The time period will be approximately 6 weeks from the date of construction start. Parking for the maintenance vehicle is provided within the Property in front of the fenced compound. 9.AVAILABILITY OF UTILITIES: WATER,TELEPHONE,ELECTRICITY,SEWAGE DISPOSAL Water and sewage disposal will not be required for this Facility because it will not be occupied-t%W Facility. Electricity is readily available across Paradise Circle Makai Drive. The Applicant has not yet discovered if fiber optics are available to this neighborhood. If fiber optics is not available or cost prohibitive,a microwave dish xAll be installed on the tower to provide such service. 10. A. WRITTEN DESCRIPTION OF HOW THE REQUEST MEETS WITH THE FOLLOWING STANDARDS The granting of the proposed use shall be consistent with the general purpose of the zoned district the intent and purpose of the Zoning Code and the County General Plan. Hawaii County Zoning Code,Section 25-5-72(b)(1)Permitted Uses of the Agriculture zoned district, states in part: "The following uses may be permitted in the A district provided that a use permit is issued for each use: (1) Golf courses and related golf course uses,including golf course driving ranges, golf maintenance buildings and golf club houses: 7 ] Page (2) Telecommunication antennas and Towers." Section 25-4-12. Telecommunication antennas or towers states: (a) A telecommunication antenna or to►vcr shall be pcmiittcd in the V,CN CG, CV,MCX, ML, MG and CDH districts_provided that the antenna_tower,and its use are not hazardous or dangerous to the surrounding area and the director has issued plan approval for such use. A telecommunication antenna or tower may be permitted in the RS_ RD, RM, RCX, RA_FA, A, [A and ❑districts if a use permit is obtained for such use. Where there is an existing telecommunication tower,co-location of additional antenna or equipment will be pennitted provided the director has issued plan approval for such use, (b) The minimum setbacks for a teleconununication antenna and tower are as follows: (1) Freestanding antennas and towers supported by guy wires shall be set back from every property line a minimum of one foot for every five foot of antenna or tower height. (2) Telecommunication antennas and towers supported by guy wires shall be set back from every property line a minimum of one foot for every one foot of antenna or tower height." (c) The tower,together with the initial antennas or other equipment proposed to be installed thereon,shall have a hard survivability for sustained winds of at least one hundred miles per hour." This Project is located in the A district,and accordingly requires that a Use Permit be obtained for such use. The proposed freestanding tower is setback more 46'to the rear and 48'-2"which complies with the minimum setback requirement of 36'or one foot for every five foot of tower. And..the tower will be designed to meet the 2018 International Building Code.adopted by the County of HaiNaii as their governing building code,and will have a hard survivability for sustained winds of one hundred miles per hour. An analysis was conducted by Airspace Federal Airways and Airspace who determined that the 180'tower does not require FAA notice prior to constriction. The Applicant's tenants N%ill operate only on licensed frequencies and will not interfere with the Cuuntr- of Hawaii iadio system. GENERALPLAN The General Plan states in part: It. PUBLIC UTILTIES 11.3 Telecommunications 11.3.1 Introduction and AnaI!'SIS The telephone is an essential means of voice communication for the majority of residents in Hawaii County. However,over the last decade,the County has seen an acceleration in the development of telecommunication technology-and a transformation of the telecommunications industry. In addition to traditional phone communication,the telecommunications industry-now includes technologies such as wireless cellular and digital mobile phones,the internet and world wide web. During the last decade,wireless telecoirununications has experienced a dramatic decrease in cost and a phenomenal increase in availability. Changes in technology and competition in the a rage industry have made wireless communication more affordable to the general public.The wired infrastructure that was once used to connect a telephone to the phone system has evolved to include the world wide web and internet. The world wide web and internet uses the telephone infrastructure to transfer digital data from one computer to another.Thus.everything from simple teN-t messages to high level banking and commerce transactions can be conducted almost instantaneously. In the near future_the changes in technology and the wireless industry may make wireless access to the internet more widely affordable and/or available.As of August 7, 1998,the entire island of Hawaii had 100 per cent digital switching. Digital switching is significant because it enables the existing telephone infrastructure to accommodate high-speed data transfers and access to many of the latest telecommunication services and features. Currently.every region on the island has access to phone service. In 1998,the last rural areas restricted to party line service were upgraded with additional telephone cables allowing single line services island wide. Advances in fiber optic technology provide the backbone for the island's high- capacity broadband requirements and the necessary services for specialized users such as the telescopes atop Mauna Kea. Furthermore,frame relay, Asynchronous Transfer Mode(ATM)and internet services are transmitted via Verizon Hawaii's fiber optic network. Currently,high speed internet connections such as Digital Subscriber Lines(DSL)are only available in certain areas on the island.However_these services are bound to expand.Advances in telecommunications are not without cost or concerns. One such concern is the construction and location of telecommunication towers. Telecommunication towers are the physical structures to which antennas are attached to facilitate wireless communication. Because of the need for a clear line-of-site,telecommunication towers are usuallv located in areas with minimum obstructions between the tower and its area of service.Linc-of--site refers to the imaginary line between a mobile phone antenna and a telecommunication tower. If there are impediments between the mobile phone antenna and the telecommunication tower_there may be signal degradation or signal loss. For example.the loss of line-of--sight occurs when a person uses a mobile phone while driving through a tunnel. Most often,communication is lost or unclear. The line-of-sight requirement often necessitates the conspicuous location of many telecommunication towers. Consequently,the telecommunications tower is usuallv much taller than the surrounding structures or vegetation and may negatively impact the scenic nature of a given area. Currently there are over 95,000 switched telephone connections in service on the island. The State Public Utilities Commission regulates telephone service statewide. 11.3.2 Policies(a) Encourage underground telephone lines where they are economically and technically feasible. (b)Work with the telecommunications industm to increase the availability of emergency telephones throughout the island. (c) Develop standards for the construction of wireless telecommunication facilities. (d)Work closely with the telephone company to provide all users with efficient service. 11.3.3 Standard(a)In the development and placement of telephone facilities, such as lines. telecommunications and cellular towers, poles,and substations_the design of the facilities shall consider the existing environment,and scenic view and vistas shall be considered and preserved where possible." This application is consistent with the intent and purpose of the County's Zoning Code and General Plan. 9 � � _ B.THE GRANTING OF THE PROPOSED USE SHALL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE NOR CAUSE SUBSTANTIAL ADVERSE IMPACT TO THE COMMUNITY'S CHARACTER OR TO THE SURROUNDING PROPERTIES (a) The Project Enhances the Public Welfare The proposed Facility improves and broadens communications access for a larger number of residents and along .Daniel K Inouve Highway. The ability for area residents to have access to the internet will pennit children and students of all ages to easily obtain and submit information for educational purposes, and individuals ,y ill be provided the opportunity to easily transact business locally, statewide,nationally, and internationally from their homes, The Facility will also provide E911 emergency service. Quality telephone and broadband communications clearly enhances the public's welfare, (b) The Project does not Adversely_Affect the Surrounding Property RF Emissions: The operation of the antenna does not present health hazards or cause interference with other eiectronic appliances and equipment. Section 704 of the Telecommunications Act of 1996(47 U.S.C. 332(c),as amended)recognizes the absence of health hazards from wireless radio wave transmissions and prohibits local authorities from regulating the placement of such towers based on environmental effects_as long as those towers comply with the Federal Communication Commissions guidelines. The Project will be designed to strictly comply with those guidelines. A copy- of the FCC Consumer Facts — Human Exposure to Radio Frequency Fields: Guidelines for Cellular& PCS Sites is attached as Pages 17 and 18. Noise Impacts: The only source of noise that may be emitted from the Project results from an air conditioner necessary to maintain correct temperature and humidity in the equipment cabinets and a generator to be operated during emergencies and routine maintenance. The resulting noise from the air conditioner is vi rtually inaudible from farther than 100 feet except under extraordinarily quiet conditions, and the occasional use of a generator during maintenance or power outages is not a substantial negative impact in this area. Visual 1 mpacts: Pursuant to the standards set forth in the General Plan_"In the development and placement of telephone facilities, such as lines. telecommunications and cellular towers, poles, and substations, the design of the facilities shall consider the existing environment, and scenic view and vistas shall be considered and preserved where possible" The existing environment surrounding the Property is mostly undeveloped lands with some homes located more than more than 300 ft awav from the tower. The tower will be painted a color that will blend xith the surrounding community. The tower yvill be surrounded by the existing landscaping to minimize any impact to the surrounding community. Norfolk pine trees could be added to a few strategic areas to minimize any concerns by the closest residence. The ground equipment will also be fenced with chain link with inserted green slats. There are no notable wauka or makai scenic views or vistas. Photo simulations of the tower very various locations are attached as Pages 19-22. 101Pag1E C. THE GRANTING OF THE PROPOSED USE SHALL NOT UNREASONABLY BURDEN PUBLIC AGENCIES TO PROVIDE ROADS AND STREETS,SEWERS,WATER, DRAINAGE, SCHOOL IMPROVEMENTS,POLICE AND FIRE PROTECTION AND OTHER RELATED INFRASTUCTURE Only electrical and fiber optics are required for the proposed use. Electricity is located on the overhead utility poles are located on Paradise Mauka Circle. Fiber optics should be available to this location. In the event fiber opties cannot be delivered to this location,a microwave dish would be added to the tower to bring the service from another location. No public expenditures for road,street. sewer,watcr, drainage_or schools or increased police or fire protection are required. The Project enhances police and fire protection by affording wireless voice and data services to remote land areas so that emergence and crime-fighting officials can be contacted in the event of an emergency. 111 Pagr TELECOMMUNICATION TOWERS ATTACHMENT TO SPECIAL PERMIT OR USE PERMIT APPLICATIONS In addition to the requirements for submitting a Special Permit or Use Permit Application, please provide the following additional information when applying for a telecommunication tower: 1. What is your schematic plan for tower development on the Big Island? Provide a map and written description of these sites.Justify how this particular subject site plays an integral part in this overall plan. AT&T prepared a schematic map showing the existing coverage without the proposed Facility and the coverage expected with the new Facility. The maps clearly shows that the proposed Facility will provide solid coverage in and around the proposed Facility as well as extending coverage both east and west on Daniel K. Inouve Highway and southeast to cover RANCHOS subdivision where little or no coverage exists. This Facility wi11 provide E91 I services in areas that currenth, have little or no coverage. Full-sized maps are on Pages 15 and 16. 2. Building plans for the tower,certified by a structural engineer licensed in the State of Hawaii,verifying that the tower,together with initial antennas and other equipment proposed to be installed thereon for co-location,are structurally sound and wind resistant. Christopher P_ Sekol, a structural engineer licensed in die State of Hawaii,provided a letter dated August 10_2023. The letter states that: "DaVinei Engineering intends to design this 180- ft in onopole to withstand die basic wind speed of 144 Vmph per the ANSIrHA-222-H> The wind speed is a design within the specifications for limit-state as defined by the Load and Resistance Factor Design (LRFD)methodology." The letter is attached to this report as Page 22. 3. A design plan for the tower and appurtenant structures, including discussion on tower selection and antennas,visual impacts,color,lighting,landscaping and safety. The Applicant proposes the use of a 150-monopole painted to blend with the surrounding area. The monopole will be painted a color that will blend with the surroundings. The use of the monopole has a smaller silhouette and is less visible than a stealth tree pole that are sometime used. Stealth tree poles do not weather well in Hawaii making them an eyesore in a very short time. The existing ohia trees and other foliage will minimize the visual impact. If the nearest homes are concerned about the visual impact,Norfolk pines can be planted on the perimeter of the property to further mitigate their concerns. Lighting is not proposed on the tower. Security lighting mounted somewhere near die ground equipment will comply with the County of Hawaii Lighting Ordinance. Photo simulations of the monopole created using 3 different vantage paints. In these simulations,the color beige is used to blend Nvith the sky. Another option would be to paint the monopole a brownish green color to match the trees. The simulation taken from the closest vantage point is shown on the following page. Please see the others photo simulations on Pages 19 to 22. 12 gagjE Proposed 150 ft monopole 4. A statement from the applicant that the request complies with the Federal Aviation Administration that the application has not been found to be a hazard to air navigation. The FAA Notice Criteria Tool was used to determine if notice was required by the FAA. The site is not near an airport and does not require FAA notice. See the report on attached Pages 33 - 34. 5. A statement from the applicant that the request complies with the regulations of the Federal Communications Commission,including requirements on radio frequency emissions,or a statement that no such compliance is necessary. The Applicant is a tower infrastructure company-and is not required to be licensed by the Federal Communications Commission. As an infrastructure company,it does not operate the antennas and equipment. The tenants are required to operate on licensed frequencies and abide by all rules and regulations related to their licensed frequencies/operation. G. A statement from the applicant that the proposed use will not interfere with the County of Hawaii public safety radio system. The Applicant will not operate the radio equipment. However,its tenants are required to operate on licensed frequencies and may not interfere with the County's public safety radio system. The tenants are required to operate on licensed frequencies and abide by all rules and regulations related to their licensed frequencies/operation. 13 age 7. A statement from the applicant that space on the tower for co-location of antennas or attachments will be made available to other providers,if this can be done without substantial interference to the applicant's use of the tower, if you are an infrastructure company,a commitment from a minimum of two service providers shall be identified in the application. AT&T has committed to locate on the tower. T-Mobile and Verizon Wireless have expressed a strong interest in collocating on the to%Ner. T-Mobile standard antenna array is shorn on the draNNings. The Applicant vill make this tower available to any carrier licensed in this market by the FCC. 8. A statement from the applicant that diligent,but unsuccessful efforts to install or colocate the applicant's telecommunication antennas on existing towers or feasible antenna support structures have been made. Identify those sites that you have investigated and explain how those sites are inadequate and how the site selected is the least obtrusive. There are no towers or tall buildings in this area that would provide enough height to mount antennas to cover the target area. This proposed tower will complement the existing coverage by expanding the coverage footprint as seen on the propagation maps prepared by AT&T and submitted herewith. 9. Provide justification for the height of the proposed tower by including propagation maps for the coverage area at proposed height and at a lower height if the proposed tower is more than 100-feet tall. If the site involves increasing the height of an existing tower, provide propagation maps to show analysis of signal quality at the existing and proposed height. Wireless antennas are generally located at or near the top of towers.water tanks,or buildings. The electromagnetic energy emitted from the antennas lose power rapidly the farther you get from the transmission point. This requires the position of the monopoles and antennas at strategic points in an arca to obtain the largest coverage with the minimal amount of antennas to ensure the highest level of quality service. In general,the antennas must have line of sight to its intended coverage area. Topography and tall trees are the main factor in establishing the necessary height needed for the antennas. The antennas cannot be too tall because it would cause interference at existing sites. The antennas cannot be too short because they wouldn't provide the necessary coverage. The radio frequency engineers at AT&T propagated the expected coverage taking into account the many factors including the location of existing sites,topography,trees,etc. nc results are provided in the schematic maps provided on Pages 25 to 32. 14j PaF � The propagation maps shows an expansion of coverage of Highway 11 and down to RANCHOS where little or no coverage exists. The tower will also improve indoor coverage in the HOVE area adjacent to the tower. If the tower's height would be reduced_it would reduce the coverage footprint for the AT&T and other carriers who will be eventually install their antennas below the height proposed for AT&.T_ 10. Have you met with adjacent landowners and/or community regarding the development? Provide information regarding those meetings. No meetings were held. 15 Pag1E FCC - - - Consumer Facts Background Background (cont'd.) Primary antennas for transmitting wireless Consequently, normal ground-level exposure is telephone service, including cellular and Personal much less than the exposure that might be Communications Service (PCS), are usually encountered if one were very close to the located outdoors on towers, water tanks and other antenna and in its main transmitted beam. elevated structures like rooftops and sides of Measurements made near typical cellular and buildings. The combination of antenna towers PCS cell sites have shown that ground-level and associated electronic equipment is referred to power densities are well below the exposure as a "cellular or PCS cell site" or"base station." limits recommended by RF/microwave safety Cellular or PCS cell site towers are typically 50- standards used by the FCC. 200 feet high. Antennas are usually arranged in groups of three, with one antenna in each group Guidelines used to transmit signals to mobile units, and the other two antennas used to receive signals from in 1996, the FCC adopted updated guidelines mobile units. for evaluating human exposure to RF fields from fixed transmitting antennas such as those At a cell site, the total radio frequency (RF) used for cellular and PCS cell sites. The power that can be transmitted from each FCC's guidelines are identical to those transmitting antenna depends on the number recommended by the National Council on of radio channels (transmitters) that have Radiation Protection and Measurements been authorized by the Federal Communications (NCRP), a non-profit corporation chartered by Commission (FCC) and the power of each Congress to develop information and transmitter. Although the FCC permits an recommendations concerning radiation effective radiated power (ERP) of up to 500 watts protection. The FCC's guidelines also per channel (depending on the tower height), the resemble the 1992 guidelines recommended majority of cellular or PCS cell sites in urban and by the Institute of Electrical and Electronics suburban areas operate at an ERP of 100 watts Engineers (IEEE), a non-profit technical and per channel or less. professional engineering society, and endorsed by the American National Standards An ERP of 100 watts corresponds to an actual Institute (ANSI), a nonprofit, privately-funded radiated power of 5-10 watts, depending on the membership organization that coordinates type of antenna used_ In urban areas, cell sites development of voluntary national standards in commonly emit an ERP of 10 watts per channel or the United States. less. For PCS cell sites, even lower ERPs are typical. As with all forms of electromagnetic energy, the power density from a cellular or PCS transmitter rapidly decreases as distance from the antenna increases. (More) FCCF"ofsl Communications Commission Consumer 6 Governmental Affairs Eureau 445 12th St..SW • Washington,QC 20554 �c1-888-CALL-FCC(1.888-225-5322) 7TY 1-888-TELL-FCC(1.888-835.5322) • Fex:1-856-418.0232 . www.tcc.gov)cgh _ •._,]� roll:1a g e Guidelines (cont'd.) For More Information In the case of cellular and PCS cell site For more information on RF exposure: you can transmitters, the FCC s RF exposure guidelines visit the FCC's RF Safety website at recommend a maximum permissible exposure www.fcc.govloetlrfsafety. For further level to the general public of approximately 580 information about this issue or any other microwatts per square centimeter. This limit is telecommunications-related issues, visit the many times greater than RF levels typically FCC's Consumer & Governmental Affairs Bureau found near the base of cellular or PCS cell site website at www.fcc.gov/consurner- towers or in the vicinity of other, lower-powered ciovernmental-affairs-bureau, or contact the cell site transmitters. FCC's Consumer Center by calling 1-888-CALL- FCC (1-E88-225-5322) voice or 1-888-TELL-FCC Calculations corresponding to a "worst-case" (1-888-835-5322) TTY; faxing 1-885-418-0232; situation (all transmitters operating or writing to: simultaneously and continuously at the maximum licensed power) show that, in order to Federal Communications Commission be exposed to RF levels near the FCC`s Consumer & Governmental Affairs Bureau guidelines, an individual would essentially have Consumer Inquiry and Complaints Division to remain in the main transmitting beam and 455 12"' Street, SW within a few feet of the antenna for several Washington. ❑C 20554, minutes or longer. Thus; the possibility that a member of the general public could be exposed to RF levels in excess of the FCC guidelines is extremely remote. When cellular and PCS antennas are mounted on rooftops, RF emissions could exceed higher than desirable guideline levels on the rooftop itself. even though rooftop antennas usually ### operate at lower power levels than free-standing power antennas. Such levels might become an issue for maintenance or other personnel For Ws or any other consumer publication in an working on the rooftop. Exposures exceeding accessible format(electronic ASCII text. Braille,large pnot or audio)please write or call us at the address or phone the guidelines levels. however, are only likely to number below. or send an email to FCC5040.fcc.gov. be encountered very close to. and directly in front of, the antennas. In such cases, To receive information on this and other FCC consumer precautions such as time limits can avoid topics through the Commission's electronic subscriber service, click on exposure in excess of the guidelines. Individuals a vww.fcc.t7ovIcOlcontacts. living or working within the building are not at risk. This docun}ent is for consamer education purposes only and is not intended to affect any proceeding or cases involving this subject matter or related issues. FCCFec oral 0ommun-cahons Commission . Consumer& Governmental Affairs Bureau 445 12th at.,SW • Washington.QC 20554 1-888-CALL-rcc 0-883-225-5322) - TTY 1-88a-TELL-FGC f+-888-835-5322) Fag: 1-866-418-D232 Wx•W.fc C.goVICg6 171 Pave 4 ■ k�n9 �c� '� ,�tin9 � • �e�agiv � - � ■ ® ■ e � 6 RL tu P. f � s , J 'f A• � o,�i.�d it 10 • f b. r d r, dW ! .e -46 w ■ `kF ,•,yS -: [tom cf � tly[,�� •r"- .. R ■ ']` �;�' ;�r� .:r _, ,.,rr:=.Y�` fin .• 1 } •�. r. ,a i r� �i r 1 5= 1 f �rti •rY. N At r � a — [ r • �l 115; � 'tlrs ,41 1 ` .I{ • YSri -i 1 ..c:j':z; .. T• IDS i���l- .F-z; -T' f'�tr�- •mLU IL _ ^ `'. �� w I•��'` Jill FL ; ' •`:R\. ;lam: •:"C R~'`✓1\.. :f"r!:� 4 6_ H a �- o r W ' iw� l• ■ --=� .PIL -aiE. fir' � - ■rrr� CL �..,'.ri •.'�1� .: 999£££v"`�. .�... ram'..��•~ r ?mac." •y. � 7 r �*rrs%'" i+r [ t • f' � W y H C. sm CL NVInci. T-niinee-rinj, Inc. 191 S. House Rock ❑r. Cedar City, Utah 84720 August 10, 2023 Renegade Towers, LLC 6710 Elverion Dr. Oakland, CA 94611 Attn: Michael Miller Re: Proposed Structural Design of 150-Ft. Monopole Paradise Circle Mauka Ocean View, 111: 19' 5' 19.8", -1550 45' 59,3" Renegade Towers, LL C Site Name: Ocean View; Site#RT-113 DaVinci Engineering,Inc, #3322224-057 Mr. Miller: DaVinci Engineering,Inc. is pleased to provide continuing engineering services through the development of the above referenced telecommunications site. DaVinci Engineering understands that there may be some concern on the part of local building officials regarding the design wind speed of 144 VmPi,for the 150-ft Monopole. We would like to take this opportunity to discuss the required design criteria speed per the State of Hawaii State Building Code Council which adopted the 2018 IBC w/Amendments. Per section 1609.1.1 & 3109 of the 2018 International Building Code, communication structures shall be designed in accordance with the Electronic Industries Association/Telecommunications Industries Association Standards ANSI/TIA-222-H, "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures". The 2018113C [A SCE 7-16] recommends a 144 mph Vmpi, design wind for this site location. The TIA-222-H uses the following factors that should he considered in the design wind pressure of this monopole tower. Structure Class: Used to determine the importance factor for the structure based an the hazard to human life, property damage, and the necessity of essential services. Exposure Category: An exposure category that adequately reflects the characteristics of ground surface irregularities at the site shall be determined. Account shall be taken of variations in ground surface roughness that arise from natural topography and vegetation as well as from constructed features. Topographic Category: A factor to consider wind speed-up at isolated hills, ridges and escarpments constituting abrupt changes in the general topography. Wind Speed: The basic wind speed and ice thickness shall be at a milli mum per the IBCI ASCE 7-16 wind maps and shall be considered to cone from any horizontal direction. Gust Effect Factors: Factors that account for the effects of wind gusting and the calculated response of a monopole type structure, "Turni"GrextiVit� into)ZWit� nnvrv.daii►rci-er►guieeri►►Q:cn►ri 191 S.House Rock Dr. Cedar City,[Utah 84720 (805)922-52ZI 221Page Load Combinations: Used to determine the "timing" or combinations of loads on die structure at the same time per the 2018 IBC section 1605. The specific factors used for this site are as follows: Structure Class: Importance factor= 1.0 Exposure Category: Category C Topographic Category: Category#1 Wind Speed: 144 mph Gust Effect Factors: 1.1 per ANSIITIA-222-1 l for monopole structures Load Combinations: 1.2DL + l.OWL & 0.9DL. + 1.6WL DaVinci Engineering intends to design this 150-ft monopole to withstand a basic wind speed of 144 V,„ph per the ANSLMA-222-II. T'he wind speed is a design wind speed. which means that the structure will safely withstand the full design wind speed within the specifications for litnit-state as defined by the Load and Resistance Factor Design (LRFD)methodology. We hope this review of the tower design criteria has given you a greater degree of comfort regarding the design capacity inherent in telecommunication structures. I have specialized in the design of telecorninunication structures for over 25 years. If you[lave any additional questions plcase call me direct at(805) 922-5221. Sincerely, DaVinci Engineering,Inc. �aq,jr:R PqU� UJCENSEb �O 0 sTnucTUFiAI f * ENGINEER Digitally signed No 14482-S by ChriStopher ChWoO,r P.s-lwl P_Sekol Date:202 B-G4M Q 19:08:58-Q4'QQ' Tres 4-30-2024 Simon W. Leland, P.E. Director of)engineering Christopher P. Sekol shnon.l lcaf�c�rci dcn?itici-e►rgr_►ieerrtz .con? Engineer of Record "TrA i"&rea-tMt�into)Zextit� wimp.dair►rci-ensineerbse.an to 1915.House Rork I)r. Cedar CAv,Utah 84720 (805)922-5227 231Page ! J al L CL c m L L ❑ o > 12 0 m - . (L) W > > o E o . . z z _ E .p LM . . . cu cr U_ � ❑ > L 4.r >. a) ❑ (D E C 0 a- to 0� un Q► N � C.d Q '❑ ru > U L ❑' Gig w m W was +� +' U of �i V) L Ln E W� Ln w �. of w v' ❑- <CU m din Q "~ W Q ❑ > W �'Ln � CIO cA J uj ❑ ❑_= ❑ C fQ G) ❑ 4-1 E LL; � o °' � J �Y -mac o•L ° Oar a� tW ■� ° 0 CL v }, m L = u 6- V*' m fu a) a a) C m > E us � � ru W o ❑ > ❑ -ate °JU � QI ` +� cr w4-j � -❑ �] L f— � UUC i) C•— ate+ ❑- > fil ❑ U ` _ �7 Q7 � 'a �N p ay er �} LM L a) C: M U W O _C � N 0}7 C O i U w p'7- ❑ [0 N7 CL _ to � C+' C O —� > tw 0- L C U Q7 L C > E Lu m N ❑ oomw U � V C U Lt1 w ❑ ,� ❑ ❑ +,< a} cs M ❑ 4� CQ 1^ � >4,E r� C bA❑ t i t 0 0-C 0- 0 CL y Q dt'0)= 0 m ❑ 4+ L7._ 0- r J t D L7 y b.0 L ❑ ❑ bA Q bJD is � 0 � w l a f Q m W ch LM LU Oi do , I I r f� V G� Q M Q J mil• 1� - ,y�. cnf - �r ` r V W H J , W 00 a ( cf17i U a � LQl D C C d Q� J r 7" Q M Q - . W H J L � v u a 0 0 a 00 a� J . ................................. LU .j Ln bo (v w L2 k � a d1 ri H � W u � y V - Lto _ ai �n o v 1 a Federal Aviation .. OE/AAA Administration Notice Criteria Tool Notice Criteria Tool-DeEk Reference Guide V 201 8.2A The requirements for filing with the Federal Aviation Administration for proposed structures vary based on a number of factors:height,proximity to an airport,location,and frequencies emitted from the structure,etc.For more details,please reference CFR Tide 14 Part 77.9. You must file with the FAA at least 45 days prior to const uCthon if: your structure will exceed 200ft above ground level your structure will be in proximity to an airport and will exceed the slope ratio your structure involves construction of a traverseway(i.e.highway,ra Ir❑ad,waterway etc...)and once adjusted upward with the appropriate vertical distance would exceed a standard of 77.9(a)or(b) your structure will emit frequencies,and does not meet the conditions of the FAA Co4ecaLion Policy your structure will be in an instrument approach area and might exceed part 77 Subpart C your proposed structure will be in proximity to a navigation facility and may impart the assurance of navigation signal reception your structure will be on an airport or heliport filing has been requested by the FAA If you require additional information regarding the fling requirements for your structure,please identify and contact the appropriate FAA representative using the Air Traffic Areas c(Responsibilily map for Off Airport con struction,or contact the FAAAirPons Reglon 1©istrict Dffice for On Airport construction. The tool below will assist in applying Part 77 Notice Criteria. •Structure Type: POLE I Monopole �+ Please select structure type and complete location point Information. Latitude: 19 Deg 975 M 19.8 5 FN-:;Zl Longitude: 155 Deg 45 M 59.3 S W v Horizontal Datum: NADg3 v Site Elevation(SE); 2242 (nearest foot) Structure Height: 154 (nearest toot) Is structure on airport: I No Yes Results You de not exceed Notice Criteria, 32 Page DAWN H.S.CHAN G J63FLGREF.lti M,A. — •p I.- - CdiPSFFEP90Ir (7,1)VERMR I rt MA'AM!; S E�-••-•.�A� K)Af GF LAND AND RATOTIAL Wr-x]I1RCY-;; {P Y 1959 q MPAPAMMOR CKR'ATERRESOURCE MAMAUM-MIT SFLVLI LIISTi err•• :.IEUTEMAM MVERVOR. KA r:0M:rTA'A VA � 'r� � '. L FT DEPUTY i 11 i- Y i_•3 M.kALEOMA VEL i 7 11CPI ITY 0rRFr1rQR-WATER } `pod and N .- f �' AQUAVC aRs MVZt HOATIIiG AND OCEAR RP.CRFATIOH �� �.•� -,-.:.. RfJREAU OF WRVEYR7ICE;: OCMIA@S K Obi WATE1iFEIOM.E MAIIADEWNT I C!MSER4A=11 AVO MA.YTAL LARLE CORMRYATM AITD FE90tf=EHFO ZK--.HT n S•I'Xf E OF 1 AVVAl I KA MOKU'ALVA'O HAWAI'I R meewRc FY6)';;I;M AMt71MIt7LIY8 DF1'.ARTM I+; T UI�I,ANII AND NATURAL RlI SOIIttC I+S ��ocsa�_AILICHULMROM . AMI; s�ars� I:A'DIILA'tiA KUMILINYARVAI'AINA STA'�9PAFKS 'S�re STATE HISTORIC PRESERk'ATION DIVISION KAKUIJIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOI.M.HAWAII 96707 July 19,2023 IN REPLY REFER TO-- Kerry Willoughby-Fnvironmental Consultant Project No-2022PR00057 ACE Environmental,LLC Doc-No- 22021SN03 9976 Peak Lookout St- Clark-Nevada 89178 k errywi I I Pugh hv,(c-�acc.nv iramenta i l Ic.com Dear Ms-Wi l loughby' SUBJECT: Chapter 6E-42 and National Historic Preservation,Act(NHPA)Section 106 Review-REVISED Proposed New Tower-ACE Project No.21-1712-125-090 Kahuku Ahupua'a, Ia'u District,Island of Hawaii TNfK-(3)9-2-101.071 por. This letter provides the State Historic Preservation Division's (SHPD's) updated review of the subject project. SHPD received the original submittal from ACE Environmental,LLC on January 1S.2022. The submittal indicates the project 15 subject to historic preservation review in accordance ss•ith both Section 106 of the Naticmral Historic Preservation Act(NHPA)and Hawaii Revised Statutes(HRS)Chapter 5E-42- The current submittal updates die previous review (Project No. 2022PR00057, Doc. No. 2022SN03) with revised height of the proposed m onopole. The current submittal included the following: [X] A Lettet from ACE Environmental, LLC dated June 27, 2023 requesting an updated historic preseivation review and the State Historic Preservation Officer's (SHPO's) colrtirtued concurrence with project effect determination on behalf of FCCT-Mobile [X] Updated Perm it Set [X] Updated HRS 6E Submittal Form [X] 1 Ipdated Report titled:Cultural Resources Review and Field Inspection Renegade Towers Site Ocean View, Paradise Circle Maaka, Ocean View Hawaii County M (3) 9-2-101:071 (-ACE Environmental 2022). The report was prepared by Scientific Consultant Services,Inc. The HRS 6E project area and the federal Area of Potential Effects(APE are synonymous and comprise a 0.1295- acre area within the 1.015-acre parcel. The project involves construction of a fenced wireless telecommunications facility(66 ft.by 34 ft.;0.0515 acres)and an access road(340 ft.by 10 ft.)within the northwest corner of die parcel. The Cultural Resources report indicates no significant historic properties were identified within the project area/APE, which has been significantly impacted by previous mechanical activities. Additionally, no historic properties have been identified within a 0.5-mile radius of the project area/APR. SHPD's project effect determination is"No historic properties affected"pursuant to HAR§13-284-7(a)(1). The SHPO concurs with a determination of no historic properties affected pursuant to 36 CFR 800.4(d)(1). Please contact Sean Naleima]le at Sean.t).NaleimaileOhawaii.aov for any questions or concerns regarding this letter. 33 Page Kerry Willoughby- July 19.2023 Page 2 Mahalo, Alan S. Downer_ PhD Administrator_ 5tatc H]StOTIC PNservation DIvms On Deputy State Historic Prescry aLion Officer cc; Glenn Fscott.ggescotvayahoo.comAlohn, 341 Page STATE OF HAWAII ^P ,95a wq;•. BUREAU OF CONVEYANCES y - RECORDED May 18, 20218:01 AM Doc No(s)A-78080028 Doc 1 of 1 Isl LESLIE T KQBATA PKg 11777879 SKC REGISTRAR Conveyance Tax:$22.00 After Recordation,Return by Mail(}Pickup }to: Renegade Towers LLC TG: 2021-17982A RS 6710 Elverton TGE: 23121180390 Oakland,California 94611 Ms.Janet Lum.Won Total pages: SEVEN Affects: Tax Map Ivey: (3)9-2-101-071 Lot 20,Black 167,Hawaiian Ocean View Estates,File Plan Number 787 WARRANTY DEED GRANTOR: ZEN LAKE LLC,a Hawaii Limited Liability Company,its address is Post Office Box 1226,Kailua Kona,Hawaii 96745. GRANTEE: RENEGADE TOWERS LLC, a California Limited Liability Company,its address is 6710 Elverton,Oakland,California 94611. warranty Deed 1 Zen Lake Renegade Towers TMK 31'a 9-2-IM-071 35 Page. DESCRIPTION OF PROPERTY: The property affected by this Warranty Deed is descr--bed in Exhibit "A" attached to this document. SALE AND TRANSFER OF PROPERTY: In return for the Buyer's payment of the purchase price as agreed between Grantor and Grantee,the Grantor sells,conveys, grants and transfers,in fee simple,forever the property described in Exhibit"A" to the Buyer. SALE AND TRANSFER OF OTHER RIGHTS: Grantor also sells,conveys,grants and transfers to the Grantee the following: (A) All improvements located on the property; (B) All rights the Grantor has in other property because of the ownership of the property being sold (these rights aie known as"easements and appurtenances"); (C) All rents or royalties from the property; (D) Any mineral and metallic rights owned by the Grantor in the property; and (E) All other rights or privileges that the Grantor owns because of the Grantor's ownership of the property. GRANTEE'S TENANCY: The Grantee will take and own the property IN SEVERALTY. The Grantee will also own the other rights described above in the same tenancy. GRANTOR'S WARRANTIES: By signing this Warranty Deed,Grantor gives Grantee a general warranty of title. This means that Grantor guarantees: (A) That the Grantor lawfully owns the property and other rights being sold to the Grantee; (B) That the Grantor has the right to sell,grant and transfer the property and other rights described in Exhibit"A" and this Warranty Deed; Warranty Deed � Zen Lake Reetcgade Tvwers T,,Vli 3,d 9-2-1[ri-071 361Pa4e (C) That there are no ether claims by any person against the property or the other rights being sold and no other person has any rights in the property unless those claims or rights are described in Exhibit"A"under the title „SUBJECT TO"; and (D) That if any other person makes any lawful claim against the property or the other rights being sold, or has any rights in the property,and those claims or rights are not described in Exhibit"A",then the Grantor will defend the Grantee's ownership against those Iawful claims and rights. The Grantor does not have any obligation to defend the Grantee's ownership against any claims or rights described in Exhibit"A". DEFINITIONS: The word "Person" includes natural persons,business organizations and any other entity the law allows to own property or conduct business. The words"Grantor" and"Grantee" include the persons named in this Warranty Deed and those who take over or succeed to that person's rights or interests,whether by purchase,inheritance,operation of law or otherwise. DATED: IN WITNESS WHEREOF, the Grantor has executed these presents this day of MAY 1 2 702 S ,2021. ZEN LAKE LLC a Hawaii Limited Liability Company MERRILL S. KrVINGER Manager Warranty Deed 3 Zen Lake Renegade Towers TMk 50 9-2-101-071 37 f P alge STATE OF HAW All ] 7 SS. COUNTY OF HAWAII MAY 1 � 2p21 On this day of ,2021,before me personally appeared MERRILL S.KITTINGER,to me known to be the person (or who provided satisfactory evidence of identity) described in and who executed the foregoing Warranty Deed and,being duty sworn,did say that he/she is the person named in the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed as Manager of ZEN LAKE LLC,a Hawaii Limited Liability Company. 1,�.,,1►��ti�elttr��r` Notary Public ............. � State of Hawaii � 'w P �•�2}aJ[yy i ❑EVON KIKUKAWA EXPIRATION; March 17,2025 =` 4 Printed or Typed Name of Notary My commission expires: NOTARY CERTIECA77ON Made pursuant to Chapter 456,Hawaii Revised Statutes and Hawaii Administrative Rules§5-11-8 Document Description: Warranty Deed MAY 12 2p21 Document Date: �f undated,insert"undated") Number of pages: SEVEN Circuit of Notarial act: Third Circuit Printed name of Notary: iVO �1 Sig-nature of Notary Public ^BS I or-Sjp' rg }Vy� p. = MAY 1 2 2021 F. F Zz Date of Certification rA T7m O Warranty Deed 4 Zen Lake Renegade Towers TMK and 9-2-101•071 381 Pabe Exhibit "A" -PARCEL FIRST:- All of that certain Parcel of land situate at Kahuku, District of Kau,Island and County of Hawaii,State of Hawaii,being LOT 20, BLOCK 167 of the "HAWAIIAN OCEAN VIEW ESTATES",as shown on File Plan Dumber 787,filed in the Bureau of Conveyances of the State of Hawaii,and containing an area of 1.015 acres,more or less, -PARCEL SECOND:- An undivided 1/11,500th fee simple interest in and to all roadways located within the above- mentioned Subdivision, together with a non-exclusive easement-of-way in common with all other owners from time to time of lands therein,in,over, under and across all of said roadways, for all ingress,egress acid utility purposes;provided,however,in the event it shall at any future time be deemed desirable by the committee having control of the Road Maintenance Escrow Fund heretofore established to convey the said roadways or any portion of diem to any proper governmental authority which shall undertake the maintenance of said roadways, the ownership and easements herein set forth shall, to the extent necessary,be forthwith terminated,and the said Grantee herein does hereby irrevocably appoint said conunittee and its successors his attorney-in-fact to make such conveyances. BEING THE PREMISES ACQUIRED BY QUITCLAIM DEED GRANTOR: MERRILL STEWART KI77INGER, unmarried GRANTEE: ZEN LAKE LLC,a Hawaii Limited liability company DATED: July 10,2007 RECORDED: Document No. 2007-127857 Tax Map Key: (3)9-2-101-071 Subject, however,to the following: 1. Mineral and water rights of any nature. 2. The terms and provisions contained in the following: INSTRUMENT: DEED DATED; March 31,1972 RECORDED: Liner 8246 Page 24 The foregoing includes,but is not limited to,matters relating to the following; (A) "Not to subdivide the above-described Lot(s) without the approval of the Hawaii County Planning and Traffic Commission or its successors,and conforming to the laws then applicable with respect thereto." Warranty Deed 5 Zen Lake Renegade Towers TMK 3rd 9-2-101-071 391 Page (B) "That until such time as a piped water system shall serve the above-described Lot(s), Grantee will provide for each full-time occupant of said Lot(s) a catchment area of at least 400 square feet and a water tank capacity of 4,000 gallons." 3. -AS TO PARCEL SECOND:- (A) The terms and provisions contained in the following: INSTRUMENT: BY-LAWS OF THE H.O.V.E. ROAD MAINTENANCE CORPORATION DATED: ---(acknowledged April 20,1989) RECORDED: Liber 2318E Page 164 (B) ORDER APPROVING STIPULATED SETTLEMENT AND FINAL JUDGMENT dated April 10,1992,filed in the Circuit Court of the Third Circuit,State of Hawaii,Civil No.89-2-32,on April 10, 1992,recorded as Document No. 92-0S1679. (q The terms and provisions contained in the following: INSTRUMENT: BY-LAWS OF THE HAWAIIAN OCEAN VIEW ESTATES ROAD MAINTENANCE CORPORATION DATED. December 19,2011 RECORDED: as Document No. A-44061028 (D) The terms and provisions contained in the following: INSTRUMENT: BY-LAWS OF THE HAWAIIAN OCEAN VIEW ESTATES ROAD MAINTENANCE CORPORATION DATED: December 28,2012 RECORDED: as Document No.A-47650826 (E) The terms and provisions contained in the following: INSTRUMENT: BY-LAWS OF THE HAWAIIAN OCEAN VIEW ESTATES ROAD MAINTENANCE CORPORATION DATED: November 1,2013 RECORDED: as Document No.A-50860723 (F) The terms and provisions contained in the following: INSTRUMENT: BY-LAWS OF THE HAWAIIAN OCEAN VIEW ESTATES ROAD MAINTENANCE CORPORATION DATED: October 10,2015 RECORDED: as Document No. A-57710702 Warranty Deed 6 Zero Lake Renegade Towers TMK3,d 9-2-101-M 39 1 Purge CC) Rights of others who awn undivided interests} in the land described herein. End of Exhibit"A" Warranty Deed 7 Ze-n Lake Renegade Towers TMx 31d9-2-101-073 401 Page T nil .eerinj, Inc. 191 S. House Pock Dr. Cedar City, Utah 84720 August 10, 20213 Renegade Towers, LLC 6710 Elverion Dr- Oakland, CA 94611 Attn: Michael Miller Re: Proposed Structural Design of 150-Ft. Monopole Paradise Circle Mauka Ocean View, 111: 19' 5' 19.8", -1550 45' S9,3" Renegade Towers, LLC Site Name: [Ocean View; Site 4 RT-113 DaVinci Engineering.Inc. # 3122224-057 Mr. Miller: DaVinci Engineering_ Inc. is pleased to provide continuin; engineering services through the development of the above referenced telecommunications site. DaVinci Engineering understands that there may be some concern on the part of local building officials regarding the design wind speed of 144 Vmpl,for the 150-ft Monopole. We would like to take this opportunity to discuss the required design criteria speed per the State of Hawaii State Building Code Council which adopted the 2018 IBC w/Amendments. Per section 1609.1-1 & 3109 of the 2018 International Building Code, communication structures shall be designed in accordance with the Electronic Industries Association/Telecomrnwiications Industries Association Standards ANSIITIA-222-H, "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures". The 2018 IBC [ASCE 7-1 Cal recommends a 144 mph V,,,pn design wind for this site location. The TIA-222-H uses the following factors that should be considered in the design wind pressure of this monopole tower. Structure Class: Used to determine the importance factor for the structure based on the hazard to human life, property damage. and the necessity of essential services. Exposure Category: An exposure category that adequately reflects the characteristics of ground surface irregularities at the site shall be determined. Account shall be taken of variations in ground surface roughness that arise from natural topography and vegetation as well as from constructed features. Topographic Category: A factor to consider wind speed-up at isolated hills, ridges and escarpments constituting abrupt changes in the general topography. Wind Speed: The basic wind speed and ice thickness shall be at a minimum per the IBCI ASCE 7-16 wind snaps and shall be considered to come from any horizontal direction. Gust Effect Factors: Factors that account for the effects of wind gusting and the calculated response of a monopole type structure. "Tt4 rvr ikti 6reativit� i4to)Z. tt „ wow.davinei-enyineerini-,cam 191 S.HLuse Rcx.k Dr. Cedar city,Utah M720 ($05)922-5221 Load Combinations: Uscd to determine die "timing" or combinations of loads on the structure at the same tune per the 2018 IBC section 1605. The specific factors used for (his site are as follows: Structure Class: Importance factor T 1.0 Exposure Category: Category C Topographic Category: Category#1 Wind Speed: 144 mph Gust Effect Factors: 1.1 per ANSUPA-222-11 for monopole structures Load Combinations: 1.2DL+ 1.OWL & 0.9DL + 1.6WL DaVinci Engineering intends to design this IS0-ft monopole to withstand a basic wind speed of 144 V„ph per the ANSLMA-222-I1. The wind speed is a design wind speed. which means that the structure will safely withstand the fall design wind speed within the specifications for limit-state as defined by the Load and Resistance Factor Design (LRFD)methodology. We hope this review of the tower design criteria has given you a greater degree of comfort regarding the design capacity inherent in telecommunication structures. I have specialized in the design of telecommunication structures for over 25 years. If you have any additional questions please call me direct at(805) 922-522L Sincerely, DaVinci Engineering,Inc. �agVj1=R PqU� UCENSEb �O 0 sTnucTUIaAI f * ENGINEER Digitally signed Fig.14482-S by Christopher ChfistaOnrP.sckol P_Sekol Date:2023,08.10 19:08'SS-04'00' Tres 4-30-2d24 Simon W. Leland, Y.E. Director of Engineering Christopher F. 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N bl � t s a g - !ll -, � 5 � s L J uj C F + E _ Cjj N ■" e W 8� �g max_ ita � - o� O.~ gw ui a2 fl � a 1, I I I I I 1 I I � MY w wv { w $A R v y m s �*�� �z 5❑ga as b �s'� a a y W Z Y s ❑ � D S1' 51 I I I 'I 1 3s $ 1 I a LLI j a� W ❑ ❑ ❑� z :g �a W ii W mo I;i4l � he CULTURAL RESOURCES REVIEW AND FIELD INSPECTION RENEGADE TOWERS SITE OCEAN VIEW PARADISE CIRCLE MAUKA OCEAN VIEW, HAWAII COUNTY, HI 96737 PREPARED FOR: RENEGADE TOWERS LLC 6710 ELVERTON DRIVE OAKLAND, CALIFORNIA 94611 DATED: JUNE 27,2023 PREPARED BY: ACE ENVIRONMENTAL,LLC 9976 PEAK LOOKOUT STREET LAs VEGAS,NEVADA 89178 W WW.ACEENVIRONMENTALLLC.COM ACE PROJECT No.23-447-125-093 TABLE OF CONTENTS TABLEOF CONTENTS................................................................................................................ii LISTOF FIGURES ........................................................................................................................ii INTRODUCTION .......................................................................................................................... 1 METHODS ..................................................................................................................................... 1 ENVIRONMENTAL SETTING.................................................................................................... 6 HISTORICAL AND CULTURAL CONTEXTS........................................................................... 6 PRE-CONTACT ERA HISTORY .................................................................................................... 7 EARLY TRAVEL ACCOUNTS OF THE LANDS OF KA`U AND KAHUKU AHUPUA`A.... 8 NATIVE TESTIMONY BEFORE THE COMMISSION TO QUIET LAND TITLES.............. 9 POST-CONTACT HISTORY OF KAHUKU AHUPUA`A..................................................... 10 MODERN HISTORY OF THE PROJECT AREA LANDS..................................................... 13 PREVIOUS ARCHAEOLOGICAL INVESTIGATIONS........................................................... 13 RECORDS SEARCH RESULTS................................................................................................. 13 FIELDINSPECTION................................................................................................................... 14 IMPACTANALYSIS................................................................................................................... 14 REFERENCES CITED................................................................................................................. 34 LIST OF FIGURES Figure 1: 5,500 K-Series Map of Hawaii Showing Location of Project Area(National Geographic Topo!, 2003. Sources: National Geographic Society,USGS). .......................... 1 Figure 2: 7.5-Minute Series USGS Topographic Map (Pohue Bay Quad) Showing Location of Project Area and Half-Mile Records Search Radius (ESRI 2013. Data Sources: National Geographic,USGS). ...............................................................................................................2 Figure 3: 7.5-Minute Series USGS Topographic Map (Pohue Bay Quad) Showing Location of Proposed Cell Tower Site, Parcel 071 and Pedestrian Survey (ESRI 2013. Data Sources: NationalGeographic,USGS).................................................................................................. 3 Figure 4: Aerial Photograph Showing Location of Proposed Cell Tower Site, Parcel 071 and Pedestrian Survey(Google Earth, 2013 Image. Hawaiian Ocean View Estates, HI, 5Q 20894 m E 2112943 m N).......................................................................................................4 Figure 5: Site Plan View Drawing Showing Proposed Cell Tower and Pedestrian Survey Area. 5 Figure 6: Portion of Kahuku Map Showing Location of Project Area, Government Road, Goat Station, Marchant Place, Kahuku Ranch Station, and Environmental Features (Hitchcock 1875). .................................................................................................................................... 11 Figure 7: Portion of Map of the Southwest Section of Ka`u, Hawaii Showing The Locations of the Project Area, Land Grants. Lava Flows, and Kahuku Ranch Station (Dodge 1894)...... 12 Figure 8: Proposed Cellular Site Plan Showing Photograph Numbers and Direction Photographs WereTaken........................................................................................................................... 15 Figure 9: Photograph 1 of Project Area Access Easement Looking West. ................................. 16 Figure 10: Photograph 2 of Project Area Access Easement Looking Southwest........................ 17 Figure 11: Photograph 3 of Project Area Access Easement Looking West. ............................... 18 Figure 12: Photograph 4 of Project Area Access Easement Looking West. ............................... 19 ii Figure 13: Photograph 5 of Project Area Access Easement Looking Northwest........................ 20 Figure 14: Photograph 6 of Project Area Access Easement Looking Northeast. ........................ 21 Figure 15: Photograph 7 of Project Area Tower Facility Site Looking West. ............................ 22 Figure 16: Photograph 8 of Project Area Tower Facility Site Looking Southwest..................... 23 Figure 17: Photograph 9 of Project Area Tower Facility Site Looking Northwest..................... 24 Figure 18: Photograph 10 of Project Area Tower Facility Site Looking West. .......................... 25 Figure 19: Photograph 11 of Project Area Tower Facility Site Looking Southeast.................... 26 Figure 20: Photograph 12 of Project Area Tower Facility Site Looking West. .......................... 27 Figure 21: Photograph 13 of Project Area Tower Facility Site Looking Northwest................... 28 Figure 22: Photograph 14 of Project Area Tower Facility Looking Northwest. ......................... 29 Figure 23: Photograph 15 of Project Area Access Easement Looking North. ............................ 30 Figure 24: Photograph 16 of Project Area Access Easement Looking Northeast. ...................... 31 Figure 25: Photograph 17 of Project Area Access Easement Looking Northeast. ...................... 32 Figure 26: Photograph 18 of Project Area Access Easement Looking East................................ 33 iii INTRODUCTION At the request of Ace Environmental, LLC, Scientific Consultant Services (SCS) conducted a cultural resources records search and site inspection for a proposed 66.0 foot long by 34.0 foot(2,244.0 square feet; 0.0515 acres)wide wireless telecommunications facility,with a 150-foot high monopole, and 340.0 foot long (E/W)by 10.0 foot wide (3,400.0 square feet; 0.078 acres) access road to be constructed within the northwest corner of[TMK: (3) 9-2-101:071] located in Hawaiian Ocean View Estates, Kahuku Ahupua`a, Ka`u District, Island of Hawaii, Hawaii (Figures 1 through 5). The archaeological site inspection pedestrian survey was conducted on a 0.36-acre area surrounding the proposed cellular tower project area(see Figures 3, 4 and 5). The pedestrian survey was larger than the proposed cell tower facility and access road. The project area is between 1,160 and 1,175 feet above mean sea level (amsl) and is bounded on all sides by undeveloped land. Parcel 071 is a 1.015-acre property located along the northwest edge of Paradise Mauka Circle. The property is owned by Renegade Towers, LLC. The cultural resources records search was conducted within a 0.5 mile radius of the subject property to identify historic properties (including archaeological sites, buildings, structures, objects, or districts)listed in or eligible for listing in the regulations implementing Section 106 of the National Historic Preservation Act of 1966, as amended. The Scope of Work is in compliance of Federal statutes for a Federal Communications Commission (FCC) licensing of telecommunications towers. METHODS The cultural resources records search was conducted at the State Historic Preservation Division library,located in Hilo, Hawaii to locate any historic properties on, or near, lands of the existing proposed cell tower property. In accordance with Section 106 regulations and HRS §6E-2 Historic Preservation Program definitions,the term `Historic Property' minimally "means any building, structure, object, district, area, or site ... which is over 50 years old." The search included a review of all recorded pre- Contact(prior to 1778) and post-Contact(after 1778)historic properties located within a one-half mile (0.5 mile)radius of the project area. I s13—,E, 194--E, z06aoor,.E- zl g000m E, z3pnoomE- 242--E, z5400cr„E- z66—E, z70--E, sg0000m E. WG5o4 Zone 5Q 321 ou—E I H A W A I I z (HAWAII C01 E '/ M1 Yam_^1 ! y ^[�wn�. m ' Ivd6-_.w � I°F�SI � �,.. '-.� ice• s.r� - _r ^�.r 1 3�1� —�,r milli i 1 `- , �� � /�I � M �M � r1r,p'alr f r�k.lwa.n N i 'I\\n ��J y TV• \•.Ir,rr.xrv. �� Ir N PROJECT AREA ,1L-��r z 1 584 Zone4Q s16n—E. r95eonm E. zU--E. zI9oacm E. z31-1.mE 243---E 155--E. z6Tao�m E. 27g.—E z91-mE. 303-I-E. s19--E. 0 5 10 15 10 :5®En 10' 0 7 10 15 20 27 10 M lOEm Figure l: 5,500 K-Series Map of Hawaii Showing Location of Project Area (National Geographic Topo!, 2003. Sources: National Geographic Society,USGS). 1 rLiy`��6 Ilk IL / . � • VMF �- ,��- Ski \w111 J `Vk#* �, 3 ��r#fir 0.0 WWI .40 00 vir, ��►� OVA - lk r �11 �, t 'l _ .� � t N . • � illPM PS .gal i • op RFri All OR ►fit �� � q�_ , ,�i r �� _ o U c�C N N O F-+ N U N O O 4-a O U O bA O � '^C pla CIS 0 as Mir a m P. z o z cn ct w a o IF41 O Q 3 Q a 0. LO) r"' N r -1 � a w cz � ƒ q 0 0 ® § � w f f \ § 1111❑ = k � / � § � o z - . , Aa# \ � - � �\•� ���� } � ® � ' \'( , _ ' � 00 Ad Ilk q a � u 2 2 § .§ :g cz � & d . . . . � _ � \ r WnA gmo, n@ _ _ \ § � � ❑❑ x \ \ § R CA w / ({ \ § § ? � z \ q \7 \ g \ � � r Q .( .> \ 5 � a w / $0 § K \ � A search for archaeological reports documenting archaeological resources within the 0.5 mile radius (1320 feet, or 402 meters) of the project parcel, as well as in the general area,were included in the review. In addition, SCS examined the National Register of Historic Places and the Hawaii Register of Historic Places to determine whether registered sites were located within the 0.5 mile radius. The proposed cellular tower site was inspected by SCS Senior Archaeologist Glenn Escott,M.A. on October 13, 2021. ENVIRONMENTAL SETTING The project area is between 1,160 and 1,175 feet(354 and 358 meters) above mean sea level (amsl) and is level to gently sloping (to the southwest)land. The ground surface is a Mauna Loa lava flow dated between 750 and 1,500 years before present(Wolfe and Morris (1996). The lava flow is bare `a`a(rLV Series) with thin to no soil deposits (Sato et al.1974:34). Drainage is to the southwest. There are no major drainages or gulches within or near to the project area parcel. Annual rainfall is 60 to 70 inches (Giambelluca et al. 2013). Vegetation is primarily grasses and bushes, lantana(Lantana camara),mamane (Sophora chrysophylla),`ohia (Metrosideros polymorpha), Christmas berry (Schinus terebinthifolius), and silky oak(Grevillea robusta) (Starr Environmental 2017). The overall appearance of the project area lands is of semi-arid savanna grassland with brush, scattered trees and bare lava. HISTORICAL AND CULTURAL CONTEXTS Many archaeologists believe that Hawaii Island was first settled around A.D. 1,000 by people sailing from the Marquesas (Athens et al. 2014; Dye 2011; Kahn et al. 2014; Kirch 2011; Kirch and McCoy 2007; Mulrooney et al. 2011; Reith et al. 2011; Wilmhurst et al. 2011a and 201 lb). An article published in the Journal of Archaeological Science reviewing radiocarbon dates recovered at archaeological sites on the Island of Hawaii suggests that, by relying on only carbon samples from short-lived plant remains, the most reliable dates point to initial Polynesian colonization of Hawaii Island occurring between A.D. 1220 and 1261 (Reeth et al. 2011:2747). The recent studies that included Hawaii Island short-lived radiocarbon dating samples assess samples recovered exclusively from sites in North Kohala, South Kohala and Hamakua (Reeth et al. 2011) or from South Point in Ka`u (Dye 1992; Kirch 2011). Many of the former region sites are rock shelters and the latter are sand dune sites. Sixteen radiocarbon samples from North Kohala, South Kohala and Hamakua returned conventional radiocarbon ages from 400 to 781 years before present(Rieth et al. 2011:2745). The early date is consistent with ranges 6 of A.D. 1040-1090 and A.D. 1120-1280 from Ka Lae in South Point, Ka`u discussed by Kirch (2011:20). All of the samples were recovered from sites in and environments that have not been disturbed by modern development or human activity. At present,there are no recent studies conducted in the region of the current project area using short-lived plant remains. The early coastal settlements are located on or adjacent to the dry rocky shoreline or coastal sand dunes and consist of temporary habitation caves and permanent habitation features containing midden, fishing tools, and fish remains (Barrera 1971; Jensen 1989a, 1989b, 1990a, and 1990b). The earlier phases of occupation were likely temporary habitations used when fishing and later permanent habitations developed into small villages associated with fishpond production. It is likely that people living permanently along the dry shoreline shared extended family relations with people inland, allowing for an exchange system that distributed marine resources to inland agriculturalists and brought inland agricultural products to people at the coastal settlements (Clark and Kirch 1983:14; Handy and Handy 1991:314-316; Maly and Maly 2002:2). PRE-CONTACT ERA HISTORY There is a paucity of prehistoric information pertaining to the lands of Kahuku Ahupua`a and surrounding lands. Ka`u has been known from old as Ka`u Makaha, or Fierce Ka`u because the maka`dinana there did not lightly bear the abuses of the ah`i and konohiki(Kelly 1980: 1). In particular, there are three separate stories that relate the death of a chief for abusing his right to porters; the death of a chief for abusing his right to a portion of the fishermen's catch; and the death of a chief for abusing his right to demand labor for construction (Kelly 1980: 1-6). Historically,the people of Ka`u are also notably fierce warriors. Kamakau notes that `Umi-a-Liloa(ruler, 1600 to 1620)was thwarted in his attempt to subdue Ka`u during his campaign to unite the six districts of the Island of Hawaii (Kamakau 1992: 18-19). He was opposed by a particularly fierce chief named I-mai-ka-lani whose skill with a spear `Umi-a-Liloa feared. It wasn't until after I-mai-ka-lani's death that `Umi-a-Liloa captured Ka`u. After the death of Lono-i-ka-makahiki (ruler 1640-1660), rule over Ka`u, Kona, and Kohala passed to Kanaloa-kua`ana's (ruler 1640s) descendants (Kamakau 1992: 61). 7 Keawe (ruler 1720-1740) later ruled over Ka`u, Kona, and Kohala. At his death, Keawe commanded that his son Ka-lani-nui`imamao become the ruler of Ka`u (Kamakau 1992: 65). Ka-lani-nui`imamao's son Ka-lani-`opu`u (ruler 1754-1782)later added Puna to his rule over Ka`u (Kamakau 1992: 76-77). Ka-lani-`opu`u reunified the six moku of Hawaii in 1754 (Kamakau 1992: 78). In 1776, when Ka-lani-`opu`u's warriors were defeated by Ka-hekili's forces at Wailuku on Maui, Ka-lani-`opi`u turned to the chiefs of Hawaii to renew the attack on Maui (Kamakau 1992: 85-86). One of the chiefs he turned to was Nu`u-anu-pa`ahu, known as the"tearer-up of the cutworms of Na`alehu, the hillside that withstands the winds of Ka-`u" (Kamakau 1992: 86). Ka-lani-`opi`u later feared that Nu`u-anu-pa`ahu would rebel against Ka-lani-`opi`u's son, and so plotted to induce Nu`u-anu-pa`ahu to surf and be eaten by sharks (Kamakau 1992: 106-107). Nu`u-anu-pa`ahu decided not to join in surfing, but was later attacked by sharks and died of his injuries after killing the shark. Kamehameha, though born in Kohala, was raised by Ka-lani-`opu`u in Ka`u after the death of Kamehameha's father. Ka-lani-`opu`u died in 1782 and his son Keoua became the ruling chief of Ka`u and Puna. Kamehameha and his armies later fought fierce battles against Keoua during Kamehameha's campaign to unify the Island of Hawaii under his rule. The fiercest battles were fought at Ka Lae, Paiaha`a, Kama`oa, and Ua`ohulelua (Kamakau 1992:153). Keoua and his army eventually fled to Puna, and during an ensuing battle they captured the canons of Kamehameha's army,whose turn it was now to flee back to Kona (Kamakau 1992:154). It would be some time (1790)before Kamehameha's advisors tricked Keoua into meeting Kamehameha to end their dispute. Keoua was captured at Kawaihae and was offered as a sacrifice at the newly (re) consecrated Pu`ukohola Heiau. Kamehameha often returned to Ka Lae (South Point)when news arrived that the ahi were running just offshore (Kamakau 1992:203). EARLY TRAVEL ACCOUNTS OF THE LANDS OF KA`U AND KAHUKU AHUPUA`A Travel accounts written by European sailors and missionaries are the earliest descriptions available for the lands of Ka`u District and Kahuku Ahupua`a. The first European's to the Ka`u coast, Captain Cook's crew of 1779, recorded the coastline to be a desolate and barren lava strewn land without water(King 1784: 104 and 545). William Ellis passed along coastal Ka`u by canoe in 1823 while other members of his party (Thurston, Goodrich and Bishop) walked along the coast. Ellis recounted Thurston, Goodrich and Bishop's description of the walk as a 8 gloomy and cheerless desert of rugged lava[that] spread itself in every direction from the shore to the mountains. Here and there at distant intervals they passed a lonely house, or a few wandering fishermen's huts, with a solitary shrub, or species of thistle, struggling for existence among the crevices in the blocks of scoriae and lava. All besides was one vast desert, dreary, bleak, and wild. In many places all traces of a path entirely disappeared; for miles together they clambered over huge pieces of vitreous scoriae, or rugged piles of lava,which, like several of the tracts they had passed in Kona, had been tossed in its present confusion by some violent convulsion of the earth. From the state of lava covering that part of the country through which we have passed,we should be induced to think that eruptions and earthquakes had been, almost without exception, concomitants of each other; and the shocks must have been exceedingly violent [Ellis 2004:174-175]. Ellis also described the strong winds and surf that made canoe travel and landing difficult along the coast of Ka`u (Ellis 2004:175). He also noted the lack of drinking water throughout this region of Ka`u (Ellis 2004:177). It wasn't until the travelers reach Na`alehu, east of Kahuku Ahupua`a and in the uplands, that the landscape became more verdant and water was more abundant. Archibald Menzies traveled through Ka`u in 1794 on his way to the top of Mauna Loa and described the area of Wai`6hinu (16.0 km east of the current project area) as "a fine fertile valley" (Menzies 1920: 184). NATIVE TESTIMONY BEFORE THE COMMISSION TO QUIET LAND TITLES Article IV of the Board of Commissioners to Quiet Land Titles was passed in December 1845 and began the legal process of private land ownership. The Mahele (1848-1850) established a board of five commissioners to oversee land claims and to issue patents and leases for valid claims. Many scholars believe that Kauikeaouli (Kamehameha III)was forced to establish laws in order to protect Hawaiian sovereignty and crown lands from foreigners who had already begun claiming ownership of land they were granted permission to use for homes and business interests (Daws 1968:111; Kame`eleihiwa 1992: 169-70, 176; Kelly 1983: 45; Kuykendall 1938(t): 145 footnote 47, 152, 165-6, 170). Among other things,the foreigners were demanding private ownership of land to secure their island investments (Kuykendall 1938(l): 138, 145, 178, 184, 202, 206, 271; Kame`eleihiwa 1992: 178). 9 As legal statutes defining the Mahele continued to evolve (up to 1850), the lands of the kingdom of Hawaii were divided among the king (crown lands), the ah`i and konohiki, and the government. Once lands were thus divided and private ownership was instituted,the maka'dinana (commoners), if they had been made aware of the procedures, were able to claim the plots on which they had been cultivating and living as stipulated in the Kuleana Act(1849). These claims, however, could not include any previously cultivated or presently fallow land, okipu`u, stream fisheries, or many other resources traditionally necessary for survival (Kame`eleihiwa 1992:295; Kelly 1983:45-76; Kirch and Sahlins 1992 vol.1:3, 135-137, and vol. 2:2). The right of claimants to land was based on the written testimony of at least two witnesses who could corroborate the claimant's long-standing occupation and use of the parcel(s) in question. The claimant was then awarded a patent for the property, subsequently called Land Commission Awards (LCAs) (Chinen 1961:16). Kahuku Ahupua`a extends from the ocean to the top of Mauna Loa's Moku`aweoweo Crater and is 184,298 acres of land (Figure 6). The 1875 map of Kahuku Ahupua`a depicts the coastal and middle elevations as primarily `a`a and pahoehoe lava fields with scattered bushes and grass. The project area lands are within this area of lava flows with scattered bushes and grass. Kahuku Ahupua`a was retained by King Kamehameha and his heirs. There were no LCAs awarded in Kahuku Ahupua`a. POST-CONTACT HISTORY OF KAHUKU AHUPUA`A Kahuku Ahupua`a was sold to Charles Coffin Harris in 1861 as Land Grant(LG) 2791 (Figure 7). Harris was a lawyer and held several offices in Hawaiian government, including police magistrate, legislative member, Minister of Finance, Minister of Foreign Affairs,Attorney General (the first), Associate Justice of the Supreme Court, and Supreme Court Chief Justice (Young 2018). Harris developed the property for ranching and used it as a source for pulu (National Park Service 2022). He sold it to Theophilus Brown in 1866. Brown's brother, Captain Robert Brown operated a ranch that included cattle, goats, pigs, and gardens. The main ranch station was just below the Government Road along the eastern boundary of Kahuku Ahupua`a (see Figure 6). There was also a goat station above the government road near the western boundary of Kahuku Ahupua`a(see Figure 6). 10 1:,ILI rp 4 VERY p 'OC K y L4 j�jo PISS /A PJA 00 PROJECT Vp AREA GOAT STATION cll� -MARCHANT PLACE" 5. KAHU 0 RANCH 1p CIP 0 T, 0 /Y @ Figure 6: Portion of Kahuku Map Showing Location of Project Area, Government Road, Goat Station, Marchant Place, Kahuku Ranch Station, and Environmental Features (Hitchcock 1875). L,rye _r> V 7 1 Sj � n 3 0 U � N � a �y C41 o o F 0 P• oo � w w Captain Brown's house and other buildings at the ranch station were destroyed by the eruption and lava flow of 1868. Harris sold the ranch to George Jones, Charles Richardson, William Reed, and L. Kaina in 1871 (National Park Service 2022). They named the ranch Kahuku Ranch. In 1887, an eruption and lava flow covered a large portion of the center of Kahuku Ahupua`a. Jones sold Kahuku Ranch in 1889 to Colonel Samuel Norris. A third eruption and lava flows in 1907 covered additional portions of Kahuku Ahupua`a. Several additional eruptions and lava flows covered the upper reaches of Kahuku Ranch. The ranch was sold four more times through 1958. The majority of cattle ranching was conducted below the Government Road. MODERN HISTORY OF THE PROJECT AREA LANDS The Project area is a portion of the Hawaiian Ocean View Estates (H.O.V.E.) residential subdivision. The subdivision, created in the 1950s, contains 10,697 one-acre lots extending from the Hawaii Belt Road (2.000 ft amsl)up to 5,000 ft amsl. PREVIOUS ARCHAEOLOGICAL INVESTIGATIONS There are no previous archaeological studies within a 0.5-mile radius of the current project area. The closest studies within Kahuku Ahupua`a are between 4.5 and 5.6 miles away. RECORDS SEARCH RESULTS The results of the records search indicate that there are no sites listed on the National Register of Historic Places (NRHP) or on the Hawaii Register of Historic Places (HRHP) located within Kahuku Ahupua`a. A search was made for previously recorded archaeological sites and architectural structures within the half-mile APE that are eligible for listing on the NRHP and HRHP. Based on the above review of previous archaeological studies,there are no previously recorded sites or structures within the current half-mile APE eligible for listing. 13 FIELD INSPECTION On October 13, 2021, Scientific Consultant Services, Inc. Senior Archaeologists Glenn Escott,M.A. conducted an archaeological field inspection of the proposed cellular tower facility project area and access easement(Figures 8 through 26). The facility will be constructed within a 66.0 foot long (NW/SE)by 34.0 foot wide (2,244.0 square feet; 0.0515 acres) area of level ground within the northwest edge corner of Parcel 071. A 340.0 foot long (E/W) by 10.0 foot wide (3,400.0 square feet; 0.078 acres) access road will be constructed from Paradise Makai Circle to the facility. The archaeological site inspection was conducted within a larger area surrounding the proposed cellular tower project area and access easement road (see Figure 8). IMPACT ANALYSIS The archival research and literature search indicate that there are no historic properties located within the 0.5 mile radius APE of the current project area. 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Y4i 1 lip t�. • '1, f z � f .� * Syr r;� -� - �. -. i P� � } C �. T _�_a �._`��€ ..f 1����•.1� r ' y ct Ir e lrP '� + Al It 0 eel 40 '30 r s A G�', .14 oovz 41 n p, he 4.1 ta r ���ro Vim•'^ -:�Y �\� _�h"�.a._� '�O J I s � 4 l� I1 N i, - S �i?4 t t _ r r •� M 1 � tQ . . cz PR F4 f d An S ,c.- �.KG` a "'.�'� d6� "•�°.74 "� '� 1 e.� •r�� •�E•' /^� � O ,. r � •nF'•p. 1 '�'� ��� -� �.. -�?E ."'� 1:`� `a> ' CSC ,w� � N�• # �� M`1 � `� ����.� it r�,� � � ._i .� r+�F � �� -,A�' �- �irK ��� yid i�. �•y� .:. r Y � fry ; `RF � S Ir lo � W`ir' Iv •� h- y �• . . � rl�py�rsr. .�,� .t'�": �¢ ,..X:. � t.1. .� ti +:,?ray", • .�aq�' �,, ,ter � '•� '�'�4 - tr ��,� 1 , x �� '� ,,Ali' •Y-�"l1..F..- Me rim Ai� lei° .w. V] 01 � - �... � •vK y V] MTN Oki Air'•_. i� r �>�, Ae�f, ������-'��� �- �o�.r-' .s-� N '�t'4 �f '°'���"` �Tom'' ���x.+, � G�' hv'�-�—•ysye"�1 f��\ ��'.k�.* (� a s •" t i {'" rF �f)�v � �.-�.AR_ r].yY3_� 4 N F. zjJS t. � : k i r iA � �•� x� •�fk i� �r .ti:v -a � it _ r �d� y v' All,"� i� n'��R• v;�'rrr , 41 1p UP WOO .r ..:i r yt� ,1, 3\ £ _ � III �^[' p,[�h�' ` •• N REFERENCES CITED Athens, J., T. Reith, and T. Dye 2014 A paleoenvironmental and archaeological model-based age estimate for the colonization of Hawaii. American Antiquity, 79(4):144-55. Barrera, W. 1971 Archaeological Excavations and Survey at Keauhou, North Kona, Hawaii. Bishop Museum Departmental Report Series 71-10. Submitted to Kamehameha Development Corporation. B.P. Bishop Museum, Honolulu. Chinen, J.J. 1961 Original Land Title in Hawaii. Published privately in Honolulu, Hawaii. Clark, J.T. and P.V. Kirch 1983 Archaeological Investigations of the Mudlane-Waimea-Kawaihae Road Corridor. Report 83-1. 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Ladefoged 2011 High-precision dating of colonization and settlement in East Polynesia. Proceedings of the National Academy of Sciences, 108:E 192-E 194. National Geographic, Topo! 2003 Seamless USGS Topographic Maps on CD-ROM, Hawaii. National Geographic Holdings, Inc. Washington, D.C.. National Park Service 2022 History of Kahuku. (https://www.nps.gov/havo/leam/historyculture/kahuku.htin). Rieth, Timothy M., Terry L. Hunt, Carl Lipo, and Janet M. Wilmshurst 2011 The 13th Century Polynesian Colonization of Hawaii Island. Journal of Archaeological Science 38:2740-2749. Sato, H., W. Ikeda, R Paeth, R Smythe, and M. Takehiro Jr. 1973 Soil Survey oflsland of Hawaii, State of Hawaii. United States Department of Agriculture Soil Conservation Service. Washington D.C. Starr Environmental 2017 Botanical and Faunal Surveys in the State of Hawaii. Makawao. www.starrenvironmental.com. Vancouver, G. 1967 A Voyage of Discovery to the North Pacific Ocean, and Around the World. Robinson and Edwards. London. Waihona `Aina Corporation 2022 The Mahele Database, www.waihona.com Wilmhurst, J., T. Hunt, C. Lipo, and A. Anderson 201la High-precision radiocarbon dating shows recent and rapid colonization of East Polynesia. Proceedings of the National Academy of Sciences, 108:1815-20. 37 201 lb Reply to Mulrrooney et al.: Accepting lower precision radiocarbon dates results in longer colonization chronologies for East Polynesia. Proceedings of the National Academy of Sciences, 108:E 195. Wolfe, E.W., and J. Morris 1996 Geological Map of the Island of Hawaii. U.S.G.S. Miscellaneous Investigations Series. Department of the Interior, Washington, D.C. Young, P. 2018 Kahuku Ranch (https:Himagesofoldhawaii.com/kahuku-ranch/). 38 Andrews, Jessica From: danette@martinpacific.com Sent: Friday, November 10, 2023 9:54 AM To: Andrews,Jessica Cc: Jackson, Maija; 'Michael Miller' Subject: RE: Renegade Towers Use Permit, PL-USE-2023-000020 Attachments: Ocean View revised sims 2023-05-30.pdf Attached are the revised photo sims. Thanks for the catch. Danette Martin Consultant to Renegade Towers 76-6357 Kololia Street Kailua Kona,Hawaii 96740 Telephone: 808-895-3569 From:Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov> Sent:Wednesday, November 8, 2023 9:11 AM To: danette@martinpacific.com Cc:Jackson, Maija <Maija.Jackson@hawaiicounty.gov>; 'Michael Miller' <michael@vistatowers.net> Subject: RE: Renegade Towers Use Permit, PL-USE-2023-000020 Hi Danette, Can you provide revised photosimulations that indicate the correct tower height?The photos on pages 19-21 of the application still state a 100 ft tall tower. Please provide these as soon as possible. Thanks, Jessica From:Andrews,Jessica Sent:Tuesday, November 7, 2023 10:28 AM To: 'danette@martinpacific.com' <danette@martinpacific.com> Cc:Jackson, Maija <Maiia.Jackson@ hawaiicounty.gov>; 'Michael Miller' <michael@vistatowers.net> Subject: RE: Renegade Towers Use Permit, PL-USE-2023-000020 Hi Danette, Just to let you know, it seems that the application referenced an incorrect lease area. According to the written description,the proposal was for a 2,244 sf equipment area and a 275 sf road area. However, since the site plan shows the road as 275 ft. long by 10 ft. wide,that would be 2,750 sf. I've included the following areas in my reports: The 4,994-square foot lease area includes a 2,244-square foot(34' x 66') equipment space and a 2,750-square foot(10' x 275') access road. 1 Please let me know if you have any questions or concerns. Jessica From:Andrews,Jessica Sent:Tuesday, November 7, 2023 8:49 AM To: 'danette@martinpacific.com' <danette@martinpacific.com> Cc:Jackson, Maija <Maiia.Jackson@ hawaiicounty.gov>; 'Michael Miller' <michael@vistatowers.net> Subject: RE: Renegade Towers Use Permit, PL-USE-2023-000020 Hi Danette, The application is tentatively on the agenda for Windward PC, Dec. 7cn Thanks, Jessica From: danette@martinpacific.com <danette@martinpacific.com> Sent:Tuesday, November 7, 2023 8:41 AM To:Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov> Cc:Jackson, Maija <Maiia.Jackson@ hawaiicounty.gov>; 'Michael Miller' <michael@vistatowers.net> Subject: RE: Renegade Towers Use Permit, PL-USE-2023-000020 Aloha Jessica, Do you expect we will be on the Leeward agenda for December 215T Danette Martin Consultant to Renegade Towers 76-6357 Kololia Street Kailua Kona,Hawaii 96740 Telephone: 808-895-3569 From: danette@martinpacific.com <danette@martinpacific.com> Sent: Friday, October 20, 2023 12:00 PM To: 'Andrews,Jessica' <Jessica.Andrews@hawaiicounty.gov> Cc: 'Jackson, Maija' <Maiia.Jackson@hawaiicounty.gov>; 'Michael Miller' <michael@vistatowers.net> Subject: RE: Renegade Towers Use Permit, PL-USE-2023-000020 Please find the revised application and drawings addressing the following: 1. Your list will be used for the mailing the notices; 2. The access road s.f. has been added in the permit area. 3. The remaining part of the property will be left vacant with its current landscape to mitigate any aesthetic concerns. It is possible that a future agricultural tenant could occupy the remaining property in the future, although that is not the objective at this time. 4. Paragraph 5 of the Telecommunication Tower Attachment has been revised to include the statement that future tenants are licensed by the FCC and will comply. 5. Information regarding future tenants have been included in the application. 6. Drawings were revised to show 150' height throughout the drawings and application. 2 7. Both T-Mobile and Verizon have shown a strong interest in collocating on the tower. Information has been added to application. 8. A revised structural engineer letter has replaced the old letter. Please let me know if you need anything else. Danette Martin Consultant to Renegade Towers 76-6357 Kololia Street Kailua Kona,Hawaii 96740 Telephone: 808-895-3569 From:Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov> Sent: Friday, September 22, 2023 4:21 PM To: Danette Martin <danette@martinpacific.com> Cc:Jackson, Maija <Maiia.Jackson@hawaiicounty.gov> Subject: Renegade Towers Use Permit, PL-USE-2023-000020 Aloha Danette, After review of the above-referenced application for a Use Permit,we have found several missing or incomplete items that need to be addressed before we can accept the application. Please submit a complete revised document to replace the old document.We will hold the filing fee and will continue processing the application upon receipt of all requested additional information, as follows: 1. Surrounding Property Owners list is incomplete. It's missing several property owners as compared to the Real Property Tax Office generated list(see attached RPT list). 2. Permit Area:The application states the size of the requested use as 2,244 SF. However,this only includes the equipment area, and does not include the access road. Please revise the request to state the total area to be used for the proposed use. 3. Remaining land area: Provide a statement on how the remaining land area will be used in accordance with the agricultural zoning, as this permit is for a portion of the property. 4. Items#5 and 6 of the Telecommunication Tower Attachment are regarding compliance with FCC regulations on RF emissions and potential for interference with County public safety radio system. Since Renegade is a tower infrastructure company,the applicant states that they don't need to show compliance, but future tenants will need to comply. While there is a statement for item #6 regarding the need for future tenants to comply,there is no such statement for item#5. Please provide this with the revised document. 5. Item #7 of the Telecommunication Tower Attachment states "If you are an infrastructure company, a commitment from a minimum of two service providers shall be identified in the application."There is no mention of a commitment from any other company other than AT&T, which is contrary to this requirement. Please provide a statement of commitment from another service provider aside from AT&T, or provide an explanation why a second service carrier cannot make a commitment. 6. Site Plan states the monopole is 100'tall, contradicting the application which states it's 150'tall. Please revise the Site Plan to be consistent with the application. 7. Elevations show antenna equipment dedicated to T-Mobile, in addition to AT&T.There was no mention of T- Mobile within the application narrative. Please explain if T-Mobile is planned to be a second service provider, and if so, provide verification of commitment. 8. Structural Engineer's Letter:The document references the design of a 100'tower and refers to an incorrect building code. Please revise for consistency and accuracy. Refer to this link for information regarding current 3 code: https://www.dpw.hawaiicountV.gov/divisions/building/building-code-amendments-information/building- code-cha nges-effective-septem ber-1-2021 Let me know if you have any questions or concerns. Thanks, Jessica Jessica Andrews, Planner County of Hawai'i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 (808) 961-8155 Jessica.andrews@hawaiicounty.eov 4 • y r n l � • • 't1k�L� ts� • F 1 • • 10 ,. K�n5 Kan`ehame 1 • I, I • • ., • _ aO aoella8i�d • ay x�han � s � M1 3j A o L ° 8 d F m epkwY � O • A d v fY .N CIT d QaradySerAa� •� v �a W re • F b. 'GA A • • V •, lA .� 1p • - atto/. / • A ao55pM N o 3 _12M Q W V OO _ J Q- c O r1 i ❑ �. u c v Q Ln > m� l7W d N W�j u Z J O Q o Q 9 a - i � Y O f0 C �'• O S C L 4J � LM a - o � a Y a Y o 3 m t N Y � O � - ❑0 0 o CL v o O 4 O Ln j N — O s O I � T 41 Y � 0 J 4J i ;1 t O O � Om t • � a � � L O yy^4. .. �.r''.. r = \�1 i�_/� � '�� yam. �-. ' • 5. lit '' . 4 fir. '1�Ililll F , f/ _ Ik • 'k �c I i f�Sys f,� ,•}•3s .a}.`x i•..Sp J:s J, H']Ffi J��.s .. n � CL YES+,.. psi Y ti y •.�Ili. + �:J. •rah. '�E.• 3 p • ti � L • 0 :,1�j��tJ "�� dY" • r J � q y.sl n � y�1`�i � E t�r•m+` E YY w F^ �� � S Pam.. + � `h) P• _ w'i • mot.• I � -��,'i - C JOSH GREEN, M.D. o H KENNETH S. FINK, M.D,MGA, MPH E....._.....q. GOVERNOR OF HAWAII cPi.. 9sv \y. DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y KA LUNA HO'OKELE qQ...,, `�m.o:eti��rao� STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: October 31, 2023 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Use Permit Application (PL-USE-2023-000020) Applicant: Renegade Towers, LLC Request: To Allow the Construction of an Unoccupied Multi-Carrier Telecommunication Facility to Include a 150' Monopole and Related Equipment Tax Map Key: (3) 9-2-101:071, Ocean View, Ka`u, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health"Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Planning Dept. Exhibit 2 Zendo Kern October 31, 2023 Page 2 of 4 Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https:///health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: hLtps://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb-standard-comments/. Hazard Evaluation &Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas,harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: hops://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at hLtps://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1)Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection Zendo Kern October 31, 2023 Page 3 of 4 in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: hgps:Hhealth.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: hgps://health.hawaii.gov/epo/landuse/. Solid &Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program —The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: h=s://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at.doh.wwbgdoh.hawaii.gov. Sanitation/Local DOH Comments: 1. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control,"shall not be exceeded unless a noise permit is obtained from the Department of Health. 2. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure,place, or vacant lot without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure, site, or vacant lot. A demolition or land clearing permit is required prior to demolition or clearing. Zendo Kern October 31, 2023 Page 4 of 4 Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: November 3, 2023 790"W0449 fL TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: USE PERMIT APPLICATION (PL-USE-2023-000020) Applicant:Renegade Towers, LLC Request: To Allow the Construction of an Unoccupied Multi-Carrier Telecommunication Facility to Include a 150' Monopole and Related Equipment TMK: 9-2-101 .071 We have reviewed the subject request forwarded by your memo and have the following comments for your consideration: 1 . All activities shall comply with the requirements of Hawaii County Code (HCC), Chapter 10, Erosion and Sedimentary Control. 2. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works, Engineering Division. 3. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 3 County of Hawaii is an Equal Opportunity Provider and Employer DeVera, Ashley From: Tim R <eburgdad@hotmail.com> Sent: Monday, October 16, 2023 10:05 AM To: Planning Internet Mail Subject: Re: planned cellular tower @ Kahuku Park Aloha, I'm worrying to Mahalo you for looking at putting another cellular tower at the Kahuku park in Hawaiian Ocean View Estates! As you're engineers have found its a large need and I for one honestly appreciate your consideration on this project. I've ran the HOVE CERT program for many years and knowing the large need for communications is a necessary item in our community. I'd imagine over 1/2 of HOVE had 1 bar or less on their cellular devices. Plus having another tower for the wireless ISP's in our community to further aid in providing sufficient services will help everyone! Hawaiian Telcom is VERY VERY poor isp for our community and just wanted to Mahalo you for this consideration. Tim Reed Powered by Cricket Wireless Get Outlook for Android Planning Dept. Exhibit 4 1 DeVera, Ashley From: pribankaren <pribankaren@gmail.com> Sent: Monday, October 23, 2023 9:55 AM To: Planning Internet Mail Subject: PublicCommentsonPlanningDepartmentapplication[ENTERAPPLICATIONNUMBERHER E]? subject=PublicCommentsonPlanning Departmentapplication[enterapplicationnumberh ere] Please relocate the 150ft multi use cell tower planned to be erected in paradise circle kahuku park and skate park emitting harmful radiation directly above children church and residential homes TMK(3)9-2-101-071 Sent from my Galaxy Planning Dept. Exhibit 5 1