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1. The applicant(s), its successor(s) or assign(s) shall be responsible for complying with all <br /> the stated conditions of approval. <br /> 2. The applicants shall secure all necessary approvals and permits from other affected <br /> Federal, State, and County agencies as necessary to comply with all applicable laws and <br /> regulations. <br /> 3. Prior to any development, the applicants shall secure approval from the Department of <br /> Land and Natural Resources (DLNR) Office of Conservation and Coastal Lands (OCCL) <br /> for any proposed land uses located within the State Land Use Conservation District <br /> portions of the project area. If the applicants are unable to secure approval from the <br /> DLNR-OCCL for work in the Conservation District,the applicants will submit for review <br /> and approval and Amended Special Management Area Use Permit to exclude all <br /> activities within the Conservation District. <br /> 4. The applicants will ensure that no less than 40 feet of open area remains between the top <br /> of the pali and the fencing that runs along the shoreline. If, at any time, the shoreline <br /> erodes to less than 40 feet between the pali and the fence, the applicants will move the <br /> fence mauka to maintain consistent access along this shoreline. <br /> 5. Construction and operation of the proposed farm and residential development shall be <br /> conducted in a manner that is substantially representative of plans and details as <br /> contained within the Special Management Area Use Permit application dated October 18, <br /> 2023, and representations made to the Windward Planning Commission. <br /> 6. The applicants shall ensure that no County water will be used for agricultural purposes at <br /> any time. <br /> 7. The applicants will install a reduced type backflow prevention assembly within five (5) <br /> feet of each meter on private property. The installation shall be inspected and approved <br /> by the Department of Water Supply prior to any development or use. <br /> 8. Construction of the proposed development shall be completed within five (5) years from <br /> the effective date of this permit. <br /> 9. All driveway connections to Nanaina Kai Road shall conform to Chapter 22, County <br /> Streets, of the Hawaii County Code. <br /> 10. All construction and maintenance activities on the subject parcel shall comply with <br /> -9- <br />