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Mr. John Bertsch <br />Ms. Stacey Aguiar <br />December 1, 2017 <br />Page 3 <br />9. No land alteration, grubbing, landscaping, or construction activities, including but not limited <br />to the stockpiling of construction materials or equipment shall occur makai (seaward) of the <br />construction and silt barrier. <br />10. ificial light from exterior lighting fixtures, including but not necessarily limited to <br />floodlights, uplights or spotlights used for decorative or aesthetic purposes shall be prohibited <br />if the light directly illuminates, or is directed to project across property boundaries toward the <br />shoreline and ocean waters, except as may otherwise be permitted pursuant to Chapter 205A - <br />71(b), Hawai`i Revised Statutes. <br />11. In the unlikely event that subsurface historic resources, including human skeletal remains, <br />structural remains, cultural deposits, sand deposits, or sink holes are identified during the <br />demolition and/or construction work, cease work in the immediate vicinity of the find, <br />protect the find from additional disturbance, and contact State Historic Preservation Division <br />at (808) 933-7651. <br />12. An extension of time for the performance of the conditions contained herein may be granted <br />by the Planning Director upon the following circumstances: <br />a) The non-performance is the result of conditions that could not have been foreseen or <br />are beyond the control of the applicant, successors or assigns, and that are not the <br />result of their fault or negligepce; <br />b) Granting of the time extension would not be contrary to the original reasons for the <br />granting of the determination; and <br />c) The time extension granted shall be for a period of not io exceed the period originally <br />granted for performance (i.e., a condition to be performed within one year may be <br />extended up to one additional year). <br />13. Should any of the conditions not be met or substantially complied with in a t. ely fashion, <br />the Planning Director shall initiate procedures to revoke the determination. <br />If you have questions, please contact Esther Imamura of this office at (808) 961-8139. <br />Sincerely, <br />CHAEL YEE <br />Planning Director <br />ETI: ja <br />P:\Wpwin601CZM1SMAA\2017\SAA 17-1543 Bertsch Aguiar.Doc <br />Encl.: Sheet A-0.1, A-1.1 and A-3.1 <br />cc: Planning Department - Kona <br />