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Harry Kim O�fiY>�`".?kq Lincoln S.T.Ashida <br /> Mayor Corporation Counsel <br /> Gerald Takase <br /> Assistant Corporation <br /> 'TE OVA$'''' Counsel <br /> COUNTY OF HAWAII <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street,Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 <br /> February 12, 2008 <br /> Honorable Dominic Yagong <br /> Council Member <br /> County Council of Hawaii <br /> 333 Kilauea Avenue, 2nd Floor <br /> Hilo, Hawaii 96720 <br /> Re: Gravel Road Work on Mud Lane <br /> Dear Mr. Yagong: <br /> This is in response to your request for a legal position paper, not privileged and releasable <br /> to your constituents, on whether an environmental assessment ("EA") is required under HRS <br /> Chapter 343 for the proposed gravel road work on Mud Lane, for access by Waimea 660 LLC. <br /> This letter expresses the current legal position of the County administration and is not intended <br /> to be relied upon as legal advice by any other persons or entities, who should consult their own <br /> legal counsel. <br /> I. SUMMARY OF POSITION <br /> Based on the information available, the County administration's position is that this road <br /> work would be within a recognized old government right-of-way, which was historically used as <br /> a vehicular road, but has been in disuse. The proposed work would be clearing and restoring a <br /> secondary gravel road surface within the public right-of-way, possibly with some pullouts and <br /> realignment, but no more than 12 feet wide. Such work may be considered as within categorical <br /> exemptions from EA requirements, approved by the State Environmental Council. <br /> II. DISCUSSION <br /> A. Background Facts <br /> The subject project is an approximately 0.5 mile portion of Mud Lane just above the old <br /> sugar lands. Waimea 660 LLC ("Waimea 660") bought property from the County and obtained <br /> approval to subdivide. One condition of subdivision is to grade and gravel surface the project <br /> area for access. <br /> The project area is within an old government right-of-way as laid out through the <br /> Waikoekoe Lots subdivision, TMK plat (3) 4-7-07. The area has in the past been used as a jeep <br /> Hawaii County is an Equal Opportunity Provider and Employer <br />