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a <br /> 4. Jin and Lds Water Variance application stated that the sixty inch rainfall (or <br /> isohyet) line utilized by the Planning Department in reviewing water variance applications is <br /> located approximately'50 feet maukd'of the boundary of the Property, evidencing that the <br /> Property does not meet the rainfall requirement of Rule 22. (R:CV07-1-261K Doc. 004 at 44 <br /> and 86.) <br /> 5. The Planning Director has jurisdiction to render a decision on Water Variance <br /> applications pursuant to Section 6-4.2.(h) of the Hawaii County Charter and Section 23-18 of the <br /> Subdivision Code. (R:CV07-1-261K Doc. 004 at 703.) <br /> 6. The Director provided a statement of factual findings supporting his decision <br /> denying Appellants Jin and Lds Water Variance application as he is required to do under Section <br /> 23-18 of the Subdivsion Code. (R:CV07-1-261K Doc. 004 at 150-154.) The Director <br /> considered information provided in the Water Variance application, USGS rainfall data, and rain <br /> data from the active rain-gauge station OPIHIHALE 2 and determined that the actual rainfall at <br /> the proposed subdivision is well under sixty inches, which he fully explained in his denial letter <br /> to Appellants Jin and Lu. (R:CV07-1-261K Doc. 004 at 150-154.) In doing so, the Director <br /> complied with Section 23-18 of the Subdivision Code in denying Appellants Jin and Lifs Water <br /> Variance application. <br /> 7. During the contested case hearing before the Board, while under cross <br /> examination, Appellants Jin and Lifs expert witness, Steve Bowles, testified to the following: <br /> (1) He does not know whether the Property receives an average annual <br /> rainfall of at least 60 inches or more per year. (R:CV07-1-261K Doc. 004 at 513.) <br /> (2) Rainfall has declined in the past 20 years. (R:CV07-1-261K Doc. 004 at <br /> 513.) <br /> (3) He authored a chapter in a report(Exhibit 23) that states that as a result of <br /> this decline in rainfall in the past 20 years,`the total amount of rainfall is less than <br /> half due to drought conditions" (R:CV07-1-261K Doc. 004 at 513.) <br /> 24 <br />