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HomeMy WebLinkAboutCOM 0314.000 2020-2022 -..oJ�tY OF h, ! Lee E.Lord I1.� Managing Director ��i Mitchell D.Roth •s em s,.��i* Mayor ,=:'�' .-..; .).,� Robert H.Command •? . + '•.•..: Deputy Managing Director • �rE of N�N. • 111,11t. 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona, Hawai'i 96740 (808)323-4444 • Fax(808)323-4440 June 17, 2021 t Maile David, Council Chair - 1 and Members of the County Council County of Hawai`i 25 Aupuni Street .:7) -• Hilo, HI 96720 Dear Chair David and Members: SUBJECT: State Land Use Boundary Amendment (SLU 21-000056) Request: Agricultural to Urban Change of Zone Application (REZ 21-000246) Request: Agricultural-5 Acre (A-5a) and Agricultural 1-Acre (A-la) to a Single-Family Residential 22,000 Square Feet (RS-22) Applicant: Timothy Joseph Ward & Kay Lynn Ward Tax Map Key: 7-3-005:015 As required by Chapter 7, Sec. 6-7:5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, MITCHELL D. ROTH Mayor TCouncilWardSLU21-056REZ21-246 Enclosures cc: Planning Depaittuent Comm. No. 3lil- < IIS 55 Ref. To: W. Ref. Date JUN 2 4 2021 County of Hawai`i is an Equal Opportunity Provider and Employer. Mitchell D.Roth • of�a '.� Michael Vitousek,Chair y ,�' Max Newberg,Vice-Chair Maor " Nancy Carr Smith Lee E.Lord _= -' Barbara DeFranco Managing Director N4.4• Clement"Cr Kanuha III Mark Van Pernis County of Hawaii Faith"Faye"Yates LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 3UN 1 5 2021 Maile David, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: State Land Use Boundary Amendment(SLU 21-000056) Request: Agricultural to Urban Change of Zone Application (REZ 21-000246) Request: Agricultural-5 Acre(A-5a) and Agricultural 1-Acre(A-la) to a Single-Family Residential 22,000 Square Feet(RS-22) Applicant: Timothy Joseph Ward & Kay Lynn Ward Tax Map Key: 7-3-005:015 The Leeward Planning Commission, at its duly held public hearing on May 20, 2021, recommended for your approval the proposed legislative bills to change the State Land Use district from Agricultural to the Urban District and a Change of Zone from Agricultural-5-acre (A-5a) and Agricultural 1-acre (A-la) to a Single Family Residential 22,000 square feet (RS-22) zoning district for approximately 3.992 acres of land. The property is located at 73-4350 Hawai`i Belt Road, approximately 300 feet south of its intersection with Kaiminani Drive, Kalaoa 4th, O`oma, 1st,North Kona, Hawai`i. At its meeting May 20, 2021, the Leeward Planning Commission voted to forward a favorable recommendation to the County Council for Change of Zone Application REZ 21-000246 with the following condition changes: ■ Condition C (Water System Improvements), corrected a typo, changing the word "applications"to "applicants" in the last line. Hawai`i County is an Equal Opportunity Provider and Employer 1 Maile David, Council Chair and Members of the County Council County of Hawai`i Page 2 of 11 ■ Condition L (Archeological Preservation Plan), the Commission voted to entirely delete the Deputy Director's recommended Condition M (see below), which would have allowed the option of either Archaeological Data Recovery or Archaeological Site Preservation. Since the deletion of Condition M removed that option, the Commission voted to delete "Should the applicants choose to preserve the Archaeological Sites in place, p" in the first line and start the condition with, "Prior to..." • Condition M (Safety Improvements) the Commission voted to delete the Deputy Director's recommended condition that would have allowed the option of Archaeological Data Recovery and replaced it with the requirement of constructing traffic safety improvements as negotiated between the applicants and neighbors prior to the issuance of Final Subdivision Approval. • Condition N (Inadvertent Finds) deleted the word "unlikely" from the standard inadvertent finds condition as requested by the County Council. The ordinance conditions attached to this letter reflect the Leeward Planning Commission changes discussed above. The Commission concurs with the following Deputy Planning Director's reasons for favorable consideration of the request: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Urban District for 3.229 acres of land will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes (HRS), nor will it be inconsistent with the Land Use Commission Rules, the County General Plan, and the Hawaii State Plan. Under the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that, "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans." The subject property conforms to this standard in that lands directly contiguous to the north of subject parcel are designated Urban and consist of single-family residential subdivisions and urban densities (lot sizes between 10,000 to 15,000 square feet). The proposed reclassification action also conforms to the goals, policies, and standards of, among others, the Land Use-Single Family Residential Element of the General Plan, and the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the parcel Low Density Urban (LDU). According to the General Plan,t Maile David, Council Chair and Members of the County Council County of Hawaii Page 3 of 11 the LDU designation allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. Thus, the proposed SLU Boundary Amendment and Change of Zone is consistent with the LUPAG LDU designation. The subject property is situated within the bounds of the Kona Urban Area, as designated by the Kona Community Development Plan (CDP). The CDP directs the majority of future growth of the region within the Kona Urban Area. Furthermore, the proposed boundary amendment would facilitate the rezoning of the property, which would be consistent with Kona CDP Policy LU-28 (2.)(b.)(ii.), which states, "Rezonings that promote infill are encouraged. The concept of infill is to connect two or more pre- existing developments. Infill is usually associated with small scale developments of 20 acres or less that have been leapfrogged by the surrounding or adjacent developments." Finally, the reclassification action would be consistent with the goals, objectives, and policies of the Hawaii State Plan by providing urban type uses in close proximity to existing urban areas where adequate public facilities are already available and converting marginal or non-essential agricultural lands for appropriate urban uses while maintaining more productive agricultural lands in the agricultural district. The Urban classification conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection, transportation systems and water. Access to the subject property is from Ihumoe Street, a County owned and maintained roadway and the proposed six (6) lot subdivision will be served by a private road conforming with the Department of Public Works (DPW) Standard Detail R-39 for a non-dedicable private dead-end street. Water is available for the number of habitable lots in the proposed subdivision and wastewater will be served by Individual Wastewater Systems (IWS) meeting the approval of the State Department of Health (DOH). All other essential utilities are available to the property. Police and fire services are available within five (5)miles of the site. Additionally, there is a public school, public library and a general store/gas station all located within 3 to 5 miles of the subject property. Urban Districts shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. This proposed reclassification action does not represent the creation of a new urban concentration, as the surrounding area is already an urban-like environment. As previously stated, there are several residential subdivisions adjacent to and makai of the subject property. Additionally, the Matsuyama Food Mart is located across Mamalahoa Highway on a Neighborhood Commercial (CN-20) zoned property situated to the east (mauka) of subject property. As these urban type uses already exist in the Maile David, Council Chair and Members of the County Council County of Hawaii Page 4 of 11 immediate area, the urbanization of the project site will not contribute towards scattered urban development and be generally compatible with the surrounding area. There are no severe geological or topographical problems which cannot be properly rectified, or which would render the land unusable. The Federal Emergency Management Agency designates the subject property as Zone "X", which is determined to be an "Area of Minimal Flood Hazard", and it is not known to be prone to flooding. The topography of the project slopes slightly to moderately from east to west between the 1,640 foot and 1,510-foot elevation (roughly 10 to 15%). The property is situated over four (4) miles from the shoreline and thus not situated within the tsunami inundation area or evacuation area. As conditions of approval of the concurrent Change of Zone application, all development-generated runoff will be disposed of on site and not directed toward any adjacent properties. All earthwork activity, including grading and grubbing, will conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Thus, the reclassification meets the standard which states that the lands included within the urban district, "...shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects. " While the subject property is located within the State Land Use Agricultural and County's Agricultural (A-5a&A-la) zoned district, it has been cleared and vacant of any uses for several years and is not classified as Important Agricultural Land. The State of Hawaii Agricultural Lands of Importance to the State of Hawaii (ALISH) Map classifies the majority of the subject property as "Unclassified." The Land Use Study Bureau's Overall Master Productivity Rating for the classifies the property as "E" or "Very Poor." The U.S.D.A. Soil Survey classifies the soils within the subject property as Pu utka aka - Lava flows complex soils with 10,to 20 percent slopes. The soil consists of volcanic ash over pahoehoe lava flows. The soil is considered well drained with a very high runoff class and the erosion hazard is undefined. The Hawaii Right to Farm Act, HRS Chapter 165, was enacted to protect farming operations on land in the State Land Use Agricultural District when adjacent land is reclassified out of the Agricultural District. A condition of approval will require the applicants to notify prospective purchasers, tenants, or lessees of the Hawaii Right to Farm Act. The reclassification of this 3.992-acre area of land from the Agricultural to the Urban State Land Use designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. Furthermore, an Urban Maile David, Council Chair and Members of the County Council County of Hawai`i Page 5of11 classification would complement the existing and future land use pattern of the surrounding area in view of the urban uses already in existence in close proximity to the subject properties. Based on the preceding, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and County General Plan and is supportive of the Hawaii State Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Change of Zone The applicants are requesting Change of Zone from an Agricultural-5-acre (A-5a) and Agricultural-1 acre (A-la) to a Single-Family Residential-22,000 square feet (RS-22) zoning district for the 3.985 acres and 332 square feet, respectively. If the requested land use entitlement changes are approved, the applicants propose to subdivide the property into six (6) buildable lots with a minimum of 22,000 square feet each and a road lot. The applicants hope to secure the entitlements as soon as possible and the subdivision process would begin immediately thereafter. In order to consider an area for any type of zoning designation, the applicable goals, policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an A-5a and A-la to an RS-22 zoning district conforms to applicable goals, policies and standards of the General Plan and the Kona Community Development Plan (CDP). The subject, 3.992-acre property is roughly rectangular in shape, slopes slightly to moderately to the west between the 1,510 foot and 1,640-foot elevation and is currently vacant of any structures or improvements. The parcels directly adjacent to the north are part of the Kona Palisades Subdivision and similarly zoned A-5a, however, they consist of non-conforming lots sizes between 10,000 and 15,000 square feet and consist of single-family residences. Nearby subdivisions along Kaiminani Drive are zoned RS-10 and RS-15 and lands directly to the south and west of the subject property are zoned A-la and similarly consist Maile David, Council Chair and Members of the County Council County of Hawai`i Page 6 of 11 of residences. There is a Neighborhood Commercial (CN-20) property situated across Mamalahoa Highway to the east (mauka) of subject property, which is the site of the Matsuyama Food Mart. The RS (Single-Family Residential) zoning district provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having adequate facilities to carry out the above stated purpose. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed RS-22 zoning conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the subject property as Low Density Urban (LDU). According to the General Plan, the LDU designation allows for. residential (with ancillary community and public uses), and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. Based on the preceding, proposed RS-22 zoning would effectuate an increase in single-family residential density that would be consistent with the LDU LUPAG designations. Although `ohana dwellings are permitted in the County's RS zoned district, a condition will be included to incorporate restrictive covenants in the deed of all lots to prohibit `ohana dwellings on the lots to ensure that the infrastructure of the area is not overwhelmed by the additional residential density. In addition, the proposed RS-22 zoning is consistent with the following Land Use goals, policies, and standards of the General Plan: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. • Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals,policies, and standards. Maile David, Council Chair and Members of the County Council County of Hawai`i Page 7 of 11 The subject property falls within the Kona CDP Kona Urban Area, within which the CDP directs the majority of future growth of the region. However, the subject property is not located within a designated Transit Oriented Development(TOD) area. The proposed change of zone is consistent with Policy LU-2.8 of the Kona CDP, which provides guidance on conventional rezoning of lands situated within the Kona Urban Area, but outside of Transit-Oriented Development (TOD) areas. In those areas, the CDP encourages Infill Rezoning, which are defined as rezonings that, "...connect two or more pre-existing developments. Infill is usually associated with small scale developments of 20 acres or less that have been leapfrogged by the surrounding or adjacent developments. Infill rezonings should be conditioned to ensure connectivity to the surrounding developments and, where applicable, to provide mixed-use opportunities to make the area more walkable." The parcels directly adjacent to the north are part of the Kona Palisades Subdivision and similarly zoned A-5a, however, they consist of non-conforming lots sizes between 10,000 and 15,000 square feet and consist of single-family residences. Additionally, there are several nearby subdivisions along Kaiminani Drive that were rezoned from unplanned and agricultural zoning district to RS-10 and RS-15. A private roadway lot will connect the subdivision to Ihumoe Street on the west (makai) side, however connectivity through the eastern (mauka) portion of the property is not possible as the Mamalahoa Highway frontage of the property is encumbered with a ten (10)-foot wide "No Access Planting Screen"that prohibits direct access to the highway. All essential utilities and services are available to the site.Access to the subject property is from Ihumoe Street, a County owned and maintained roadway with a 20-foot- wide pavement within a 50-foot right-of-way (ROW). The six (6) lot subdivision will be served by a private road conforming with the Department of Public Works (DPW) Standard Detail R-39 for a non-dedicable private dead-end street with a minimum 16-foot-wide pavement withing a minimum 20-foot right-of-way. The property's Mamalahoa Highway/Hawaii Belt Road frontage is encumbered with a 10-foot-wide "No Vehicular Access & Planting Screen", thus direct access to the highway is prohibited. According to DPW—Engineering Division, connection to Ihumoe Street will require a County ROW permit in conformance with Hawai`i County Code, Chapter 22, County Streets. Additionally, the applicants shall install streetlights and traffic control devices as may be required by the Department of Public Works-Traffic Division. The applicant will be responsible for the design, purchase, and installation of such devices. The preceding will be required as conditions of approval. County water can be made available from an existing 8-inch waterline along Ihumoe Street which fronts the subject property. As a condition of approval, the Maile David, Council Chair and Members of the County Council County of Hawai`i Page 8 of 11 applicants will be required to construct and dedicate necessary water system improvements as required by the Department of Water Supply (DWS) prior to securing Final Subdivision Approval. As there is no municipal sewer system in the area, wastewater will be disposed of through individual wastewater system(s) meeting with requirements of the State Department of Health. Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. All essential utilities such as telephone, cable, and electrical services are available to the site. Police, fire, and medical services are available nearby in Kona. To limit the cumulative impact of the proposed subdivision on area infrastructure, a condition of approval will prohibit a second dwelling and condominium property regime on each lot. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. The project site has no severe geological or topographical problems which cannot be properly rectified, or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the property is located in Zone "X" or "Area of Minimal Flood Hazard" and it is not known to be prone to flooding. The topography of the project slopes slightly to moderately from east to west between the 1,640 foot and 1,510-foot elevation (roughly 10 to 15%). DPW requires that all development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. The preceding will be added as condtions of approval. According to DPW,there is an open grubbing permit(#9-2708)that was issued to resolve a grubbing complaint. However, the permit was never completed/closed. DPW recommends that the permit be resolved before the change of zone application is approved. A condition of approval will be added to require the applicants to close the open grubbing permit prior to securing any further land alteration permits. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is located over four (4) miles from the nearest shoreline, is not situated within the Special Management Area and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources or public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources, or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. Maile David, Council Chair and Members of the County Council County of Hawai`i Page 9 of 11 As the subject property was previous cleared, and given the suburban, developed nature of the surrounding area, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa`akai 0 Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: In February 2013, a complaint was filed for the grubbing of the property without permits. The complaint alleged that there was a possible disturbance of archaeological sites on the property. An enforcement action ensued before the State Historic Preservation Division (SHPD) and it was determined that a number of archaeological sites within the property had been disturbed. An Archaeological Inventory Survey (AIS)was subsequently completed by Haun and Associates in June 2013. The valued cultural, historical, and natural resources found in the rezoning area. The AIS identified seven (7) sites with 36 total features on the subject property. In a letter dated January 25, 2016, SHPD accepted the AIS, and the recommendations contained therein, including proposed data recovery for Sites 29789 (lava tube) and 29794 (terrace). Instead of data recovery, the previous landowner agreed to preserve the sites in place, thus a Preservation Plan was prepared and accepted by SHPD by letter dated October 26, 2016. Pursuant to the approved Preservation Plan, the sites will be conserved within a proposed 0.12-acre archaeological preserve situated within Lot 5 of the proposed subdivision. Other requirements of the preservation plan include an interim buffer of 20 feet marked by bright orange construction safety fence, to be erected prior to the commencement of any ground altering activity and retained in place until completion of all development on the property. The Preservation Plan also requires a 10-foot-wide permanent preservation buffer to be set by a metes and bounds survey and recorded on a plat map and submitted to the Bureau of Conveyances and recorded as a restrictive covenant in the property deed for Lot 5. By letter dated April 19, 2017, SHPD verified the completion of temporary preservation, however, the other requirements of the Preservation Plan haveet to be completed. Please note, based on the approximate Y p location of the preserve area,the applicants may have to adjust their proposed subdivision layout to accommodate the required temporary 20-foot buffer. Based on staff conversations with SHPD, the applicants could pursue the originally recommended Archaeological Data Recovery process in lieu of completing the preservation commitments outlined in the Preservation Plan, which may remove the buffer requirements and may allow more of the land area to be developed. Based on the Maile David, Council Chair and Members of the County Council County of Hawaii Page 10 of 11 preceding, the Deputy Director is recommending conditions either requiring completion of the treatments and provisions of the approved Preservation Plan or allowing the applicants to pursue the Archaeological Data Recovery process which would include the requirement of an approved Data Recovery plan and any mitigation steps recommended therein. In either case, completion of the archaeological mitigation commitments would be required prior to the issuance of any land alteration permits and no later than the issuance of Final Subdivision Approval. According to the applicants, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. Possible adverse effect or impairment of valued resources: With the exception of the previously mentioned archaeological sites, which should be protected upon completion of the required Preservation Plan treatments, the impairment of other valued resources on the property is unlikely. Feasible actions to protect native Hawaiian rights: As stated by the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. However, in addition to the Preservation Plan condition mentioned above, a condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Maile David, Council Chair and Members of the County Council County of Hawaii Page 11 of 11 Based on the preceding findings, the request to rezone the property from an Agricultural 5-acre (A-5a) and Agricultural 1-acre (A-la) zoning districts to a Single-Family Residential - 22,000 square feet (RS-22) zoned district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-3 (North Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. We are enclosing copies of the staff Background, Deputy Planning Director's Recommendation, and the Power Point presentation. A draft transcript of the hearing will to be provided under separate cover. Sincerely, i1 ha 04oKr2/f Michael Vitousek(Jun 15,2021 16:24 HST) Michael Vitousek, Chairman Leeward Planning Commission LWardSLU21-056RE21-246wpc1 Enclosures cc: John Pipan, Land Planning Hawai`i LLC Timothy Joseph Ward& Kay Lynn Ward Department of Public Works Department of Water Supply Jean K. Campbell Esq., Corporation Counsel B W and S LUREZ.c rk.5.5.2 I COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT TIMOTHY JOSEPH WARD &KAY LYNN WARD STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 21-000056) CHANGE OF ZONE APPLICATION (REZ 21-000246) TIMOTHY JOSEPH WARD &KAY LYNN WARD have submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban for 3.992 acres of land and a Change of Zone from an Agricultural-5 acre (A-5a) and Agricultural 1-acre (A-la) to a Single Family Residential-22,000 square feet (RS-22) zoning district for 3.992 acres of land. The subject property is located at 73-4350 Hawai`i Belt Road, approximately 300 feet south of its intersection with Kaiminani Drive, Kalaoa 4th- O`oma 1st,North Kona, Hawai`i, TMK: (3) 7-3-005:015. PROPOSED ACTION 1. Applicants' Request: 1) A State Land Use Boundary Amendment from Agricultural to Urban for 3.992 acres of land; and 2) a Change of Zone from an Agricultural-5 acre (A-5a) and Agricultural-1 acre (A-1a) to a Single-Family Residential-22,000 square feet (RS-22) zoning district for the 3.985 acres and 332 square feet, respectively. The RS-22 zoning district, with a minimum lot size of 22,000 square feet, would allow a maximum density of 6 lots (excluding land area to be set aside for a road lot). According to the Zoning Code, the Single-Family Residential zoning district provides for lower or low and medium density residential use, for urban and suburban family life. It also applies to areas having facilities to carry out the above stated purposes. Requirements for establishing a land use in the RS district, including a list of the variety of permitted uses, are shown in Section 25-5-1 to 25-5-8 of the Zoning Code. (Planning Department Exhibit 1-Zoning Code Requirements for Single-Family Residential Districts) 2. Objectives of the Requests: If the requested land use entitlement changes are approved, the applicants propose to subdivide the property into six(6)buildable lots with a minimum of 22,000 square feet each and a road lot. 3. Construction Timetable: The applicants hope to secure the required State Land Use district reclassification concurrent with the County rezoning approval as soon as possible and the subdivision process would begin immediately thereafter. 4. Landowner: Timothy Joseph Ward and Kay Lynn Ward. 5. Supporting Information: (Planning Department Exhibit 2 - State Land Use Boundary Amendment and Change of Zone Applications Dated January 7, 2021) PROJECT AREA PERMIT HISTORY 6. Subdivision No. 97-000046: According to the applicants, there was a prior dispute regarding access to the property with the neighbor to the west on TMK(3) 7-3-005:080.As a result, in 1997 the parties consolidated and re-subdivided former lot 31 into lots 31-A and lot 31-B (subject property) such that lot 31-B would have access off a cul-de-sac on Ihumoe Street. 7. Settlement and Release Agreement: A private Settlement and Release Agreement was also entered in 2007 which contains continuing obligations when the property is further subdivided (Exhibit F of the application). The Settlement Agreement requires that in the event that there is a further subdivision of the property, the owners of the subject property allow the Ikedas (or their success(ors)upon request, to review any plans or drawings submitted to the County. Further, in the event the subject property is subdivided, the common boundary of the subject property and Parcel 80 will be further adjusted such that the north corner of the common boundary will be placed so that it intersects with the southeast corner of Lot 14 of the Kona Palisades subdivision, which will result in a reduction in the area of the subject property. Paragraph 4 of the Settlement Agreement also requires the erection of a wall, fence, or low maintenance planting screen along the common boundary of the subject property and Parcel 80. Nothing in the private legal agreement precludes the applicants from applying for the subject SLU Boundary Amendment or Change of Zone. STATE AND COUNTY PLANS 8. State Land Use Designation: Agricultural. 9. County Zoning: A-5a and A-la. 10. General Plan LUPAG Map: Low Density Urban. 11. Kona Community Development Plan (CDP): The Kona CDP as amended,was adopted by the Hawai`i County Council by Ordinance No. 19 91 on September 18, 2019 and identifies the preferred land use pattern for the North and South Kona districts. The subject property is situated within the KCDP's Kona Urban Area. -2- 12. Special Management Area (SMA): The property is located over four(4) miles from the nearest shoreline and is not situated within the Special Management Area. DESCRIPTION OF PROPERTIES AND SURROUNDING AREA 13. Subject Property: The subject, 3.992-acre property is roughly rectangular in shape, slopes slightly to moderately to the west between the 1,510 foot and 1,640-foot elevation and is currently vacant of any structures or improvements. The property was previously grubbed and is currently heavily vegetated. The property also has two (2) archaeological sites situated within proposed Lot 5, which are currently proposed to be preserved in place as further described in section 20 below. 14. Surrounding Zoning/Land Uses: The parcels directly adjacent to the north are part of the Kona Palisade Subdivision and similarly zoned A-5a,however, they consist of non- conforming lots sizes between 10,000 and 15,000 square feet and consist of single-family residences.Nearbysubdivisions along Kaiminani Drive are zoned RS-10 and RS-15 and lands directly to the south and west of the subject property are zoned A-1 a and similarly consist of residences. There is a Neighborhood Commercial (CN-20)property situated across Mamalahoa Highway to the east(mauka) of subject property, which is the site of the Matsuyama Food Mart. 15. ALISH: Unclassified. 16. Land Study Bureau's Detailed Land Classification System: "E" or"Very Poor." 17. U.S.D.A. Soil Survey: The soils on the subject property are classified as Pu`uika`aka- Lava flows complex soils with 10 to 20 percent slopes. The soil consists of volcanic ash over pahoehoe lava flows. The soil is considered well drained with a very high runoff class and the erosion hazard is undefined. 18. FEMA FIRM MAP: Zone "X", which is determined to be an"Area of Minimal Flood Hazard." 19. Flora/Fauna Resources: There were no professional surveys conducted of the floral or faunal resources of the subject property,however according to the applicants, vegetation observed on the property is primarily non-native and weedy in nature, consisting mainly of strawberry guava, silver oak,jacaranda, Christmas berry,kukui, ti, and various grasses and vines. A few scattered `Ohi`a trees are also found on the property. The site vegetation represents a highly altered and degraded secondary growth with few remaining natives. -3- Fauna observed in the vicinity of the property include introduced bird species (such as dove, Japanese whiteeye, house finch,myna), and domestic animals (such as cats, dogs, rats, pigs, and mongoose). These are all common and not endangered. Given the suburban, developed nature of the area, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject parcel. 20. Archaeological/Historic/Cultural Resources: In February 2013, a complaint was filed for the grubbing of the property without permits. The complaint alleged that there was a possible disturbance of archaeological sites on the property. An enforcement action ensued before the State Historic Preservation Division(SHPD) and it was determined that a number of archaeological sites within the property had been disturbed. An Archaeological Inventory Survey(AIS) was subsequently completed by Haun and Associates in June 2013 (Exhibit A of the application). The AIS identified seven (7) sites with 36 total features on the subject property. In a letter dated January 25, 2016 SHPD accepted the AIS (Exhibit B of the application), and the recommendations contained therein, including proposed data recovery for Sites 29789 (lava tube) and 29794 (terrace). Instead of data recovery, the previous landowner agreed to preserve the sites in place, thus a Preservation Plan was prepared (Exhibit C of the application) and accepted by SHPD by letter dated October 26, 2016 (Exhibit D of the application). Pursuant to the approved Preservation Plan, the sites will be conserved within a proposed 0.12-acre archaeological preserve situated within Lot 5 of the proposed subdivision. Other requirements of the preservation plan include an interim buffer of 20 feet marked by bright orange construction safety fence, to be erected prior to the commencement of any ground altering activity and retained in place until completion of all development on the property. The preservation plan also requires a 10-foot-wide permanent preservation buffer to be set by a metes and bounds survey and recorded on a plat map and submitted to the Bureau of Conveyances and recorded as a restrictive covenant in the property deed for Lot 5. By letter dated April 19, 2017, SHPD verified the completion of temporary preservation measures (Exhibit E of the application),however,the other requirements of the plan have yet to be completed. Based on the approximate location of the preserve area, the applicants may have to adjust their proposed subdivision layout to accommodate the required temporary 20-foot buffer. -4- According to the applicants, it isnot known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. 21. Public Access: There is no known public access to the mountain or shoreline that traverses through the subject property. 22. Traffic: While traffic to the site will increase, it will be consistent traffic to six(6)new residential lots/dwellings. The increase does not trigger the requirement of a Traffic Impact Analysis Report (TIAR) as there will not be more than 50 peak hour trips generated from the proposed subdivision. PUBLIC UTILITIES AND SERVICES 23. Access: Access to the subject property is from Ihumoe Street, which connects to Kaiminani Drive via Iliili Street approximately 1/4 mile from its intersection with Mamalahoa Highway. Ihumoe Street is a County owned and maintained roadway with a 20-foot-wide pavement within a 50-foot right-of-way(ROW). The six (6) lot subdivision will be served by a private road conforming with the DPW Standard Detail R-39 for a non-dedicable private dead-end street with a minimum 16-foot-wide pavement withing a minimum 20-foot right-of-way. The subject property is encumbered with a 10-foot-wide "No Vehicular Access & Planting Screen" (Easement P-1) along its entire Mamalahoa Highway/Hawai`i Belt Road frontage, thus direct access to the highway is prohibited. According to DPW—Engineering Division, connection to Ihumoe Street will require a County ROW permit in conformance with Hawai`i County Code, Chapter 22, County Streets. Additionally, the applicants shall install streetlights and traffic control devices as may be required by the Department of Public Works-Traffic Division. The applicants shall be responsible for the design,purchase, and installation of such devices. 24. Water: According to the Department of Water Supply(DWS), water for the proposed project can be made available from an existing 8-inch waterline along Ihumoe Street which fronts the subject property. Additionally, prior to the issuance of final subdivision approval, DWS requires the construction of necessary water system improvements including,but not limited to,providing service laterals that will accommodate 5/8-inch -5- sized meters to each lot; and installing fire hydrants spaced no more than 600 feet apart. On dead-end streets, the last fire hydrant shall be located at one-half the distance from the last house/unit, fronting the property,or to the driveway/access for the property; and subject to other agencies' requirements to construct improvements within the road right- of-way fronting the property affected by the proposed development, if necessary, the applicants shall be responsible for the relocation and adjustment of the Department's affected water system facilities. Finally,prior to obtaining final subdivision approval, the applicants will be required to acquire and maintain valid water commitments for the proposed subdivision as well as remit facilities charge payments and submit documents conveying the improvements and necessary easements to Water Board of the County of Hawai`i. 25. Wastewater: There are no County sewer facilities in the vicinity of the subject property. According to the applicants, any new construction will be served by Individual Wastewater Systems (IWS) meeting the approval of the State Department of Health (DOH). Furthermore, DWS operates a potable water well (Kalaoa Well) situated northeast (makai) of the subject property. DWS indicates that the northeast corner of the subject property is located within the 1,000-foot radius of the well. As DOH regulations do not allow septic systems within a 1,000-foot radius of a water system, the applicants indicated that septic systems will not be sited within that area. 26. Solid Waste: Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. 27. Essential Utilities and Services: All essential utilities are available to the property. Police and fire services are available within five (5) miles of the site. AGENCIES' COMMENTS 28. Department of Public Works: (Planning Department Exhibit 3—May 4,2021 Memo). 29. Department of Water Supply: (Planning Department Exhibit 4—March 24, 2021 Letter) 30. State Department of Land and Natural Resources—Engineering Division: (Planning Department Exhibit 5—March 16,2021 Memo) -6- 31. State Department of Health: (Planning Department Exhibit 6—April 19,2021 Memo) AGENCIES AND ORGANIZATIONS—NO COMMENT/CONCERNS 32. Department of Environmental Management, Police Department, Fire Department, and State Department of Land and Natural Resources —Land Division. AGENCIES AND ORGANIZATIONS -NO RESPONSE 33. Office of Housing and Community Development, Real Property Tax Office, State Land Use Commission, and State Office of Planning. PUBLIC COMMENTS 34. Email from Jamie Funikoshi: (Planning Department Exhibit 7—May 3,2021 Email) APPLICANTS' RESPONSE TO AGENCY/PUBLIC COMMENTS 35. Email from John Pipan,Planning Administrator, Land Planning Hawaii,LLC responding to Planning Department questions and Jaime Funikoshi email: (Planning Department Exhibit 8—May 5, 2021 Email) -7- ZONING § 25-4-68 Section 25-4-68. Grounds for approval or denial. The director shall approve an application for recognition of a de minimis structure position discrepancy unless: (a) The discrepancy is greater than the difference as allowed by the de minimis structure position discrepancy definition, or (b) The director finds that the improvement was placed with knowledge that it would violate the minimum yard or open space requirements; or (c) The improvement could be moved, or the discrepancy otherwise corrected, without significant expense, difficulty, or hardship to the applicant. (2002, ord 02-70, sec 3.) Section 25-4-69. Recognition of de minimis structure position discrepancy. If the director accepts the application for recognition of de minimis structure position discrepancy, the director shall notify the applicant in writing that the discrepancy is not a violation of the zoning code and that it may remain in place without a variance. (2002, ord 02-70, sec 3.) Section 25-4-70. 'Disclosure. A de minimis structure position discrepancy shall be disclosed by the owner to subsequent purchasers of the property in question. (2002, ord 02-70, sec 3.) Section 25-4-71. Appeals. The director's decision with respect to a de minimis structure position discrepancy is appealable to the board of appeals. (2002, ord 02-70, sec 3.) Article 5. Zoning District Regulations. Division 1. RS, Single-Family Residential Districts. Section 25-5-1. Purpose and applicability. The RS (single-family residential) district provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having facilities, and to carry out the above stated purpose. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section.25-5-2. Designation of RS districts. Each RS (single-family residential) district shall be designated on the zoning map by the symbol"RS" followed by a number which specifies the required minimum building site area in thousands of square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-73 Pilanning Dept. § 25-5-3 HAWAI`I COUNTY CODE Section 25-5-3. Permitted uses. (a) The following uses shall be permitted in the RS district: (1) Adult day care homes. (2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (3) Community buildings, as permitted under section 25-4-11. (4) Crop production. (5) Dwellings, single-family. (6) Family child care homes. • (7) Group living facilities. (8) Home occupations, as permitted under section 25-4-13. (9) Meeting facilities. (10) Model homes, as permitted under section 25-4-8. (11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (12) Public uses and structures, as permitted under section 25-4-11. (13) Short-term vacation rentals situated in the general plan resort and resort node areas. (14) Temporary real estate offices, as permitted under section 25-4-8. (15) Utility substations, as permitted under section 25-4-11. (b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RS district, provided that a use permit is issued for each use: (1) Bed and breakfast establishments as permitted under section 25-4-7. (2) Care homes. (3) Churches, temples and synagogues. (4) Crematoriums, funeral homes, funeral services, and mortuaries. (5) Day care centers. (6) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (8) Schools. (9) Telecommunication antennas and towers. (10) Yacht harbors and boating facilities. (c) Buildings and uses_normally considered directly accessory to the uses permitted in this section shall also be permitted in the RS district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 3; am 2014, ord 14-86, sec 3; am 2018, ord 18-114, sec 5; am 2019, ord 19-100, sec 3.) Section 25-5-4. Height limit. The height limit in the RS district shall be thirty-five feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) SUPP. 7 (1-2020) 25-74 ZONING § 25-5-5 Section 25-5-5. Minimum building site area. The minimum building site area in the RS district shall be seven thousand five hundred square feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-6. Minimum building site average width. Each building site in the RS district shall have a minimum average width of sixty feet, plus two feet for each five hundred square feet of required building site area in excess of seven thousand five hundred square feet, except that no building site shall be required to have an average width of more than one hundred fifty feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-7. Minimum yards. The minimum yards in the RS district shall be as follows: (1) On a building site with a required area of seven thousand five hundred square feet to and including nine thousand nine hundred ninety-nine square feet: (A) Front and rear yards, fifteen feet; and (B) Side yards, eight feet. (2) On a building site with a required area of ten thousand square feet to and including nineteen thousand nine hundred ninety-nine square feet: (A) Front and rear yards, twenty feet; and (B) Side yards, ten feet. (3) On a building site with a required area of twenty thousand square feet or more: (A) Front and rear yards, twenty-five feet; and (B) Side yards, fifteen feet. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1997, ord 97-88, sec 1.) Section 25-5-8. Other regulations. (a) There may be more than one single-family dwelling on each building site in an RS district provided there is not less than the required minimum building site area for each dwelling. (b) One guest house, in addition to a single-family dwelling, may be located on any building site in the RS district. (c) An ohana dwelling may be located on any building site in the RS district, as permitted under article 6, division 3 of this chapter. (d) If a legal building site in the RS district has less area or average width than is required, then the yard requirements for the building site shall be the same as in the RS district having the largest requirements for which the building site can comply. (e) Exceptions to the regulations for the RS district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development, or by the director within a cluster plan development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 3.) 25-75 ANGE ifIF DINE APPLICATION COP PL W4NINI3 DE JAN 7 r.)091 CiOUNTY •F HAWAII PLANNING "EPA TMENT (Type or legibly print the requested information) APPLICANT: Timoth Jose.h Ward & Ka L nn Ward • • > APPLICANT'S SIGNATURE: - Af C DATE:1?2_Agk ADDRESS:1604 S 175th St, Omaha, NE 68130 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: ,'HONE:(2 us.) 4402,-SO-3 ti Z-9 (Res•.)____9112-__:-SEL3kLia(Fax) LANDOWNE,'(S):Timoth Josesh Ward & Ka L nn Ward, > LANDOWNER SIGNATURE(S): fl • __Lea*/ DATE: _) be I letter) LANDOWNE"(S)ADDRESS:1604 S 175th St, Omaha, NE 68130 REQUEST: A-5a /4)-10, TO S-22 (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3.) 7-3-005: 015 STREET ADDRESS OF PROPERTY: 73-4350 Hawaii Belt Road, Kailua-Kona, HI 96740 ST7E OF PROPERTY OR AFFECTED AREA(S) TO •E REZONED: 3.992 acres AGENT: Land Planning Hawaii LLC ADDRESS: 194 Wiwoole St, Hilo, HI 96720 TELEPHONE:(13us,) 808-333-3393 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: A ent COPIES: Applicant Nanning Dept. Exhh ; STATE LAN* USE I:,OST IIA Y AMENDMENT APPLICATION (15 ACRES I 1•; LESS) ase l fii:'rt2�= DEF C€Si t ` ' HAWAII �1�a1r± _ _ 2' eC PLANNING D EPA r TIENT (Type or legibly print the requested information) PETITIONER:Timothy Joseph Ward & Kay Lynn Vyaricl PETITIONER'S SIGNATURE: % / r ; Ot kicz PATE: , r ADDRESS: 1604 S 175th St, Omaha, NE 68130 PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE:(Bus.) HOZ-FM--3 29 (Res.) 'Ol-o/- 3(0 ) 3 (Fax) LAN: OWNER(S): Timothy Joseph Ward & Kay Lynn Ward >LANDOWNER SIGNATURE(S): 'Amu, DATE: )0_f ur,l (May be by letter) ADDRESS:1604 S 175th St, Omaha, NE 68130 TAX MAP KEY: (3) 7-3-005: 015 STREET ADDRESS OF PROPERTY:73-4350 Hawaii-Belt Road, Kailua-Kona, HI 96740 ZONING: A-5a/44Qj-ca pit aea SIZE OF PROPERTY:. 3.992 acres CURRENT STATE LAND USE DI-STRICT CLASSIFICATION: Agriculture EQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: Land Planning Hawaii LLC ADDRESS: 194 Wiwoole St, Hilo, HI 96720 TELEPHONE:(Bus.)808-333-3393 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. O"IGINAL: Agent COPIES: Applicant (See Instructions on Reverse Side) COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-5a/A-1 a to RS-22) & COUNTY STATE LAND USE BOUNDARY AMENDMENT (AGRICULTURE TO URBAN) TIMOTHY JOSEPH WARD & KAY LYNN WARD KONA ACRES SUBDIVISION, NORTH KONA, HI 96740 TMK: (3) 7-3-005:015 a 1 Table of Contents I. INTRODUCTION 4 II. PROJECT LOCATION 4 III. PROJECT DESCRIPTION 4 A. Project Concept and Components 4 B. Project Timetable and Cost 7 IV. INSTITUTIONAL CONSIDERATIONS 7 A. State Land Use 7 B. County General Plan 7 C. Kona Community Development Plan 8 D. County Zoning 9 E. Relationship to SMA Objectives and Policies 9 F. Other Permitting Requirements 11 V. ENVIRONMENTAL CONSIDERATIONS 12 A. General Description 12 B. Soils and Topography 13 C. Natural Hazards 13 D. Flora/Fauna 15 E. Historic/Cultural/Archaeological Resources 15 F. Valued Cultural Resources 16 G. Water and Coastal Resources 17 H. Noise, Air Quality, and Dust 17 I. Scenic and Visual Considerations 18 VI. SOCIAL AND RELATED CONSIDERATIONS 18 A. Surrounding Land Uses 18 B. Economic Impacts 19 C. Agricultural Impacts 19 VII. INFRASTRUCTURAL CONSIDERATIONS 19 A. Road 19 B. Water 20 C. Wastewater 21 D. Solid Waste 21 2 E. Other Government Services 21 F. Other Utilities 23 VIII. IMPACT SIGNIFICANCE ANALYSIS 23 A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity 23 B. Irreversible and Irretrievable Commitment of Resources 23 C. Mitigative Measures 23 D. Alternatives to the Proposed Project 24 IX. REGULATORY ANALYSIS 25 A. General Plan LUPAG Map 25 B. General Plan Polices 25 C. Kona Community Development Plan 28 D. Zoning and Subdivision 28 E. State Land Use Agricultural.Standards 28 F. Conformance to Urban District Standards 31 X. CONCLUSION 31 Figu res 1. Location Map 5 2. Rezoning Exhibit Map 6 3. FIRM Map 14 4. Kalaoa.Well Buffer Map 22 Exhibits A. Archaeological Inventory Survey B. SHPD AIS Acceptance Letter C. Archaeological Preservation Plan D. SHPD Preservation Plan Acceptance E. SHPD Verification of Preservation Plan Measures F. Settlement and Release Agreement 3 INTRODUCTION Timothy and Kay Ward ("applicants") are requesting the rezoning of a 3.992-acre parcel of land in Kailua-Kona, Hawaii from Agriculture (A-5a) and (A-1a) to Residential (RS-22). The property is located at 73-4350 Hawaii Belt Road, approximately 300 feet south of its intersection with Kaiminani Drive. (Figure 1). If approved, the applicants intend to subdivide the 3.992-acre parcel into six (6) lots,consisting of a minimum of 0.5 acres each. Similar State Land Use Boundary Amendment and Rezoning Applications have been approved for nearby parcels. Ordinance 00-52 and 00-53 pertaining to TMK (3) 7-3-005:098approved a change of district classification from Agriculture to Urban and a change of zoning from A-5a to RS-15. As this project is very similar in nature, it would be logical to grant approval. II. PROJECT LOCATION As noted earlier, the subject property is located off Mamalahoa Highway, approximately 300 feet south of its intersection with Kaiminani Drive. (Figure 1). Vehicular access to the property is from Ihumoe Street. III. PROJECT DESCRIPTION A. Project Concept and Components The subject site consists of 3.992 acres and is currently vacant of any. structures. The applicants wish to subdivide the subject property into six (6) lots. If approved, the proposed lots would consist of a minimum of 0.5 acres in size. As proposed, the subdivision would be served by a new private road. The two rear lots would be flag lots. (Figure 2). A 10-foot existing "Easement P-1" for planting screen purposes with no vehicular access to the Hawaii Belt Road will be retained. 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PLAT •0 7.••1'.'.!.' . • 10 1•,1%,'7".,..437:-:33.33 1 Li if%"/.11•41:i'.5/r e i •••'''' Z:f.....44:4,-rA4'0•.\''\, 7 3 0 5 .A..."..,'•.'-,r."!WEL-7 \\ .........;.,,. KuKuNA i 92'=•17.,..,....„ :=', CONTAINING PARCELS ' SUBJECT TO CHANGE SCALE:Dn.=20017' . '.1. . KALAO.1 4 - 00/11A be /VORTH KOWA HAWAM \ 2 , PRIMO_ : ..n 12 ------ '-• —_____. • �U °4 3 ,49 - — — A _ ® � `.' .K Al ' O Al s m o x YII CI a d.= u ■D A DRIVE ' t , „,2/ W J a_,. ... / . 81 11 11 111 11__111111_1_1111I z \ ...,, / e, > a:arcra4�y�:aaa siomm , ', S'1, / \ / \ / \ / lc \ / I o £ ,. I 11111K A A O A\ J rfi KA'I MI NANI DRIVE • Q Q M A --r:i Sr = ` r \\\. . . . . . • I VICINITY MAP 1 SCALE, I INCH - 500 FEET A-5a ZONING J Lot 6 Lot 4 Lot 3 Lot 14 tat IJ Lot II Lot lI Lot A lot B Lot 7 Lance d Gwendolyn Lot 5 Wayne'N. d Lynne 5. Jesse and Dv N. Lat o. - Lol 17 Lot 16 Lot 15 Susan Ayaly Jason(OPou T st Amy C(oestani of oL Mitchel S Lechuga David A and Temvtod T.Buehler K fly M Emerson,of al Humberto nd Bess L _ Ceu Ellen Greenbaum Daimvry Billo6er. .Ober Jvrdin,et B. Lot I (owned (Owned (owners) (owned (owner) (owners) Santiago.of eL (Owner) (Owner) (Owners) (owners) (Owners) (Owners) KONA PALISADE. UNIT I (File Plan 1061) - • _ 27650' — 835.71 _ A-5a ZONING PROPOSED LOT 31-B-1 (23,515 SQ. FE) LOT 31—B an 0 LLS(PROPOSED SETTLEMENT SO. AREA 3.992 ACRES i.MK.:(J)7-J-005:014 (NET ARFA=27,294 SQ. FT.) - sanary to'reV T at e . Portion ofGrant 2972 to Kaopou and Kama \ a A-5a ZONING Cc - ~ Lot 31—A _ tO Koichi one Croce N.Ikeda Dust PROPOSED LOT 31-8-2 PROPOSED LOT 31-8-3 PROPOSED LOT 31-8-4 SITE 29764 PROPOSED LOT 31-B-6 cw to (owner) (22,009 S0. FT.) (22,008 SQ.FT.) (22,590 SQ.Fr.) PROPOSED LOT 31-8-5 (35,013 S0. FT.) (35,837 S0.FL) 27650'— 79.64 J I N A-la ZONING (A-5a TO RS-22 ZONING) I 'i,--1 . • 16750'82.03 _ / / o .'D.., •c 27719'12"8.01 \ t 0 4 r•t 00144 ACRES SUBOMSION 299'5974"15.42 \ (Approximate Location) F menf'P-I- ___________7 UNIT/,RESINCREMENT SIO 297590 S/IE 29789 F- 1 R • (Re Plan 1550) it / r1t! Wfdr) � I `Z; �1 D0pra n 2 Document 1I 1 W 2 �.• PROPOSED ROAD LOT m a M1S�; (12,929 SQ. FT.) a IHUMOE STREET 161.2178"2585 27070-3'20'' "-A-la ZONING 971912" — 902.36 R=45.00 �1,L\ 8,117.21 Ft.South \ \ �a 8,447.20 Ft Wes! 1 / K A i A r\ 9650' 342 Lot 33 Lot 34 \i J aI' Lot 35 _ .... Hugh 0.and Ruth K.Winn,et I. Patricia E.Hideno Trust Sanford C.Sasaki (Own°) (Owner) one/Debra L Sasaki Trust (Owner) Q • 3 KONA ACRE S SUBDIVISION, UNIT I. INCREMENT '''0" (File Plan 1550) Q A-la ZONING . i - - I - REZONING EXHIBIT " i WES THOMAS ASSOCNTES Land Surveyors MAPSHOWING il'3-T.r Tnis work a prepared or LOT 31—B e{ LICENSED V dor my direct aupervMIL."' a PROFESSIONAL NOTES LAND I. Azimuths and coordinates are referred to Government Survey SURVEI.OR * CNRYS L roTAS Yol LonKKI Triangulation Station coordinates are refer. Na.4331 Licensed Professional Land 9 Being a Portion of Grant 2972 to Kaapau and Kama y4 L1AI1 5 State o /Hawaii Certificate Nambe�rLS_,33I U Ea tion Date:April 2022 2. Names of owners of adjoining parcels are from available Tax - - Map records. At Kalaoa 5th, North Kona . Island and County of Hawaii, State of Hawaii Prepared Foe Prepared By: 50 25 o 50 ma 50 TIMOTHY J.AND KAY L WARD (OWNERS) WES THOMAS ASSOCIATES PROJECT NO.: ••15458.3 zendo Kern ® cone su vwrs_ DATE: APRIL 8, 2020 Zendo Ke P/anninyg Cansulfent LLC 75-5749 Kalawa 740... SCALE IN FEET 194 W000,1 Street Kailas—Kona Hawaii 96740-1817 FIELD BOOK NO.: Hilo,Hawaii 96720 T¢...(801 J29-23sJ TAX MAP KEY: ••••7-3-005:015 (3RD DIVISION), B. Project Timetable and Cost r The applicants hope to secure County ty Rez in on gnd State Land Use a Boundary Amendment approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by early-2021. The estimated cost of improvements for this project will be minimal based on the necessary improvements. A new access road approximately 400 feet in length with a right-of-way width of 25 feet and a minimum pavement width of 16 feet. Additionally, the subject parcel is served by the Department of Water Supply with sufficient capacity to serve the proposed subdivision. IV. INSTITUTIONAL CONSIDERATIONS • A. State Land Use The subject site is designated State Land Use Agriculture. This State Land Use Boundary Amendment Application is being submitted to change the SLU designation from Agriculture to Urban. Based on the size of the parcel no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. A discussion of the extent to which the proposed reclassification conforms to the applicable district standards is required for the State Land Use Boundary Amendment Application can be found in Section IX F of this report. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the subject site as Low Density Urban. This designation identifies land for residential use with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. The proposed subdivision resulting in six (6) lots would be consistent with the Low Density Urban designation and no General Plan amendment would be required to effectuate this project. 7 C. Kona Community Development Plan The Kona Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision-makers. The KCDP designates the subject parcel as part of the Kona Urban Area. The proposed change of zone request is conducive to the following goals, objectives, and policies outlined in the KCDP as amended by Ordinance 19-091 effective September 18, 2019: Policy LU-1.2: Urban Area. The majority of future growth in Kona shall be directed to the Kona Urban Area shown on the Official Kona Land Use Map, which spans from the Kona International Airport to Keauhou subject to the policies set forth under Objective LU-2 Urban Area Growth Management. Policy LU-1.4: Consistency with Land Use Pattern Allocation Guide (LUPAG). The current LUPAG accommodates the vision and needs for the Kona CDP area planning horizon and should be amended only for compelling reasons. Any rezoning application shall be consistent with the LUPAG. Objective LU-2: Urban Area Growth Management. Recognizing that the LUPAG Urban Area is larger than needed in order to accommodate the projected growth within the planning horizon, future growth within the Urban Area shall be encouraged in a pattern of compact villages at densities that support public transit. Policy LU-2.8 Development Outside Transit-Oriented Developments (TODs), but within the Kona Urban Area. Development outside the TODs, but with the Kona UA, may occur as follows: 2. b. Conventional Rezoning. Rezoning to other than TND, is subject to the following guidelines: i. Consistency with LUPAG. Refer to Policy LU-1.3. ii. Infill. Rezonings that promote infill are encouraged. The concept of infill is to connect two or more pre-existing developments. Infill rezonings should be conditioned to ensure connectivity to the surrounding developments and, where applicable, to provide mixed-use opportunities to make the area more walkable. iii. "Greenfields"Rezoning. Rezoning anywhere within the Kona UA, whether within or outside a TOD area designated on Figure 4=7 Official Kona Land Use Map, 8 that is not a TOD, TND or infill shall require an amendment to the Kona CDP. c. State Land Use. Where a rezoning application meets the above criteria, the County shall support a State Land Use Urban Boundary amendment for lands within the County Urban Expansion Area. Objective HSG-: Build More Units. To build more units that offer a variety of housing types, tenures, and affordability. Policy TRAN-6.1: Official Concurrency Map. Concurrency requirements shall be determined by HCC SS 25-2-46 and be generally consistent with the Official Concurrency Map, and be informed by a TIAR when applicable. Note: while the Concurrency Map is "Official", the proposed road alignments that have not yet been built, are only conceptual as the topography, or possible environmental and cultural resource mitigation measures may require these alignments to be adjusted. The subject property is located within the Kona Urban Area and as it is surrounded by developed properties on all sides is a good candidate for infill. The property is located within concurrency Zone D, which may require concurrent construction of Kealaka'a Street (extending Holoholo Street to Hina Lani Street). If required, the applicants will participate in a cost sharing contribution to financing, D. County Zoning The County Zoning of the subject property is Agriculture (A-5a/A-1 a). The majority of thesurrounding properties are zoned A-la, A-3a and A-5a. Nearby subdivisions along Kaiminani Drive have been rezoned to RS-10 and RS-15 or retain A-5a zoning while having non- conforming lot sizes of 10,000 to 15,000 square feet. If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested (RS-22) zone would be adhered to. E. Relationship to SMA Objectives and Policies The site is located approximately 4.5 miles from the coastline and outside the County Special Management Area (SMA). 9 The entire island falls within the Coastal Zone Management (CZM) Area. Thus, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It sits approximately 4.5 miles from the shoreline at an elevation of approximately 1,500 to 1,600 feet. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts on the area's historic resources is not high as archaeological surveys have identified significant sites and preservation measures have been implemented. However, in the event any archaeological undocumented features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. The proposed action may eventually involve the construction of improvements (particularly dwelling units) in a residential / agricultural setting. Accordingly, there is a potential for minor visual impacts to the area's scenic and open space resources. However, the project would involve the construction of, at most, a single-family dwelling on each of the proposed lots. Further, as the area surrounding the site is largely residential and has a natural topography declining from mauka to makai, any structures on the site should not visually affect any scenic views of the adjacent properties or from Mamalahoa Highway. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located approximately 4.5 miles from the ocean at 1,500 to 1,600-foot elevation. Notwithstanding the distance, the residential nature of the project and the potential construction of only six (6) private wastewater systems are such that any potential coastal ecosystem impacts should be negligible. The proposed action will result in creating the potential for five additional residential lots in this area. In so doing, the project could aid overall economic use of this site and the area in general. 10 Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned RS-22, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy: Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies, and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to the Special Management Area. F. Other Permitting Requirements There was a prior dispute regarding the access to the property with the neighbor to the west on TMK (3) 7-3-005:080. As a result, the parties consolidated and re-subdivided former lot 31 into lots 31-A and lot 31-B (subject property) such that lot 31-B would have access off a cul-de-sac on lhumoe Street. A Settlement and Release Agreement was also entered which contains continuing obligations when the property is further subdivided (Exhibit F). Paragraph 2 of the Settlement Agreement requires that in the event that there is a further subdivision of the property, the owners of the subject property allow the Ikedas (or their successors) upon request, to review any plans or drawings submitted to the County. Additionally, in the event the subject property is subdivided, the common boundary of the subject property and Parcel 80 will be further adjusted such that the north corner of the common boundary will be 11 placed so that it intersects with the southeast corner of Lot 14 of the Kona Palisades subdivision, which will result in a reduction in the area of the subject property. Paragraph 4 of the Settlement Agreement also requires the erection of a wall, fence or low maintenance planting screen along the common boundary of the subject property and Parcel 80. As noted earlier, other permits would be required. Other permits would be of the "ministerial" variety, such as Subdivision Approval, Building Permits, etc. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is generally rectangular in shape and is accessed via lhumoe Street, which is a County owned and maintained paved access road. There are currently no structures on the subject parcel. The site is situated at the 1,500 to 1,600-foot elevation level. The property slopes roughly from east to west, with a gradual decline from the south to the north, with the highest point being at the southeastern end of the property. In spite of the gradual rise, there does not appear to be any topographic constraint in developing and utilizing the site for six (6) lots. There are homes on land ranging from 10,000 square feet to 1 acre within the subdivision leading to the subject site. The general area is primarily residential. The annual median rainfall for this area is approximately 42 inches. The average daily temperature ranges from a minimum of 62 degrees to 78 degrees Fahrenheit. Wind patterns are generally westerly during the day and easterly during the evenings. 12 B. Soils and Topography According to the Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating, the site appears to have a designation of"D" and "E" or poor and very poor. The soil for the subject site is of the Puuikaaka-Lava flows complex soils with 10 to 20 percent slopes. The soil consists of volcanic ash over pahoehoe lava flows. The soil is considered well drained with a very high runoff class and the erosion hazard is undefined. The soil on site is not considered prime farmland. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the site is unclassified. As noted earlier,-the topography of the site slopes in an east to west direction, with the lowest portion being at the southwest end. The slope of the land appears to be between 10 to 15 percent. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the project area as Zone "X" (areas outside of the 500-year flood) (Figure 3). There are no identified existing drainage ways on the site. The applicants have not observed any significant runoff or erosion in the recent past on the subject site. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 4, on a scale of ascending risks 9 to 1. All of Hualalai and the majority of the North Kona area falls in the Zone 4 category. The Building Code designates the entire Island of Hawaii Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. 13 . • .1 ..,,.._ \.... H r___ _,., ___, 1 {I 1 i L , ___ ___ ___ ____i____, ___.._ ___ ___ ,._ i_ _______ _..i,, _________, -` 1 , ( —i----- ---1----. _ s _ 1L 1 1� (I r • I I 6----1_ ( t _ _u 1 ; El --,---____, _______ -.T r--- ___,:.1._ la" ;[-•`-----rItir---_-_-_L ..,_.;-..-----i-7.7 _l___I ___,_ i 1 / • 4-17 Tr? i.`---L.--7,�1 -1 ! + / ii 1 ri -r-r-r-r- - - , _ L '' I_ �cNx! 78 -- --- - L 1 ; Ijl ? Iti 1If - , --- jrI\ , 1 (___3/4 I --- I 1 I ! I I i..- ,1 jI _ -- - i11 -- -- NE 1 — ' BASEMAP: FIRM BASEMAP �— -___ j — 4. ' 4,151--4,.w, FLOOD HAZARD ASSESSMENT TOOL LAYER LEGEND �osa,+aFlood Hazard Assessment Report (Note:legend doesnotcorrespondwithNFHL) twww.hawaiinfi Of SPECIAL FLOOD HAZARD AREAS SFHAs SUBJECT TO INUNDATION BY . = THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood(100- � t+ I , , � year),also know as the base flood,is the flood that has a 1%chance of ar. ,..$�yy being equaled or exceeded in any given year.SFHAs include Zone A,AE, I ` o.--_>� AH,A0,V,and VE.The Base Flood Elevation(BFE)is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information Notes: purchase applies in these zones: COUNTY: HAWAII Zone A:No BFE determined. TMK NO: (3)7-3-005:015 Zone AE:BFE determined. WATERSHED: KEAHOLE PARCEL ADDRESS: KONA ACRES Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); KAILUA KONA,HI 96740 BFE determined. Zone AO: Flood depths of 1 to 3 feet(usually sheet flow on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 _ Zone V:Coastal flood zone with velocity hazard(wave action); no BFE determined. LETTER OF MAP CHANGE(S): NONE FEMA FIRM PANEL: 1551660730F _ Zone VE:Coastal flood zone with velocity hazard(wave action); BFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 29,2017 _ Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone.No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dinreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1%annual chance flood. Zone X:Areas determined to be outside the 0.2%annual chance 0 400 800 ft floodplain. Disc iu mer.The Hawaii Department of Land and Natural Resources(DLNR)assumes no responsibility arising from the use,accuracy, completeness, and timeliness of any information contained in this report. Viewers/Users are OTHER FLOOD AREAS responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ- ees from any liability which may arise from its use of its data or information. _ Zone D: Unstudied areas where flood hazards are undeter- mined,but flooding is possible. No mandatory flood insurance If this mop hos been identified as'PRELIMINARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu- ond is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determine- nities. tions to be used for compliance with local floodplain management regulations. Figure 3 • 3. Tsunami Hazard As the site is located 4.5 miles from the coast and sits at 1,500 to 1,600-foot elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. Further, the suburban nature of the surrounding areas would make it less likely to find endangered animal life in this area. It would be possible to find the Island-wide ranging Hawaiian Hawk ('lo), Hawaiian Owl (Pueo), Hawaiian Goose (Nene), and the Hawaiian Hoary Bat on site, however this is not their main habitat. Potential impacts could be mitigated, if required, by timing of vegetation clearing to accommodate nesting and breeding cycles of these wide-ranging native and endangered species. The vegetation at the proposed subdivision is primarily non-native and weedy in nature, consisting mainly of strawberry guava (Psidium cattleyanum), silver oak (Grevillea robusta), jacaranda (Jacaranda mimosifolia), Christmas berry (Schinus terebinthifolia), kukui (Aleurites moluccanus), ti (Cordyline fruticosa), and various grasses and vines. A few scattered ohia (Metrosideros polymorpha) trees are also found on the property. The site vegetation represents a highly altered and degraded secondary growth with few remaining natives. In addition, introduced bird species (such as dove, Japanese white- eye, house finch, myna) are common in this area. Domestic animals such as cats and dogs, and other animals like rats, pigs and mongoose are also common. These are all common and not endangered. As such, it is unlikely that the development of the subject property would cause any adverse floral or faunal impacts. E. Historic/Cultural/Archaeoloqical Resources In February 2013 a complaint was filed for the grubbing of the property without permits. The Complaint alleged that there was a possible 15 disturbance of archaeological sites on the property. An enforcement action ensued before the State Historic Preservation Division of the State of Hawaii, Division of Land and Natural Resources, and it was determined that a number of archaeological sites within the property had been disturbed. • An AIS was subsequently completed (Exhibit A) which identified seven (7) sites with 36 total features. • In a letter dated January 25, 2016 SHPD accepted the AIS (Exhibit B). SHPD also accepted the recommendations in the AIS, which included data recovery for Site 29789 and 29794. • A Preservation Plan was prepared for significant sites in lieu of performing data recovery (Exhibit C). • The Preservation Plan was accepted by SHPD in a letter dated October 26, 2016 (Exhibit D). • In a letter dated April 19, 2017 SHPD verified the completion of temporary preservation measures (Exhibit E). The previous property owner agreed to preserve Sites 29789 and site 29794 within a proposed 0.12-acre archaeological preserve within Lot 5 of the planned subdivision of the Property. Other requirements of the preservation plan include an interim buffer of 20 feet marked by bright orange construction safety fence, to be erected prior to the commencement of any ground altering activity. The preservation plan also requires a 10-foot permanent preservation buffer to be recorded as a restrictive covenant in the property deed. To our knowledge this has not yet happened but could be made a condition of rezoning. The existing completed AIS and preservation of significant historic sites on the property prior to additional clearing makes adverse impacts to historic, cultural, and archaeological resources highly unlikely, however, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicants will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion on the cultural, historical and natural resources, as well as the associated tradition and customary practices of this site. 16 In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicants have not observed any Native Hawaiians gathering plants on the site or the adjoining properties. Thus, it would appear unlikely that the site would serve such purpose today. In the event that legitimate gathering claims are made by Native Hawaiians, the applicants intend to respect and honor such claims and provide the legal and needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located approximately 4.5 miles from the coastline and sits at approximately 1,500 to 1,600-foot elevation. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non-coastal property, no coastal access will be affected. Any new construction will be served by Individual Wastewater Systems meeting with the approval of the State Department of Health. Increased impervious areas from driveways and structures will potentially contribute to a modest increase of runoff from the subject property. County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. H. Noise, Air Quality, and Dust A new private roadway extending from Ihumoe Street will provide access to all of the proposed lots. The existing ambient traffic level in this area should not be significantly impacted with the addition of five more lots. Traffic noise from Mamalahoa Highway adjacent to the property will remain the dominant source of traffic noise. As such, the corresponding noise level should remain the same. 17 There may, however, be short-term noise and air quality impacts associated with the construction of the limited subdivision infrastructure. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct long-term air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant. Especially considering higher EPA standards for automobile air emissions, the air quality impact should be negligible. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site, nor will the proposed rezoning and subdivision action affect any of the scenic resources outlined in the General Plan. Views from Mamalahoa Highway should not significantly change as a 10-foot vegetative screen easement is to be retained along the highway. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally suburban in nature with single- family dwellings and small-scale farms. Neighboring parcels directly to the north are approximately 10,000 square feet and to the south and west are roughly one acre. There are a few larger lots to the south ranging from approximately five acres to roughly 30 acres. Given the existing and zoned conditions, the proposed rezoning and the six (6) lot subdivision would not be incongruous with the existing suburban nature of this area. Further, there are several rezonings in the nearby area from A-5a to RS-20 and RS-15 pursuant to Ordinance No. 1999-008 on August 12, 1999, Ordinance No. 2000-053 on May 17, 2000, and Ordinance No. 2002-062 on May 10, 2002. 18 B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make five (5) additional fee simple lots available. These additional lots will create an increased property tax base for the County of Hawaii. The project will eventually create some short-term economic benefits during construction of the proposed subdivision and single-family dwellings. This will create construction jobs, purchases from local suppliers, and due to the size of the project, the new lots will generate a modest increase in the demand for services such as landscaping and maintenance. As noted earlier, the proposed action will provide additional opportunities for housing. In doing so, the project could aid the general economy and the overall economic use of the site and the surrounding area: gas stations, convenience stores, area businesses, etc. C. Agricultural Impacts The site has a LUPAG designation of Low Density Urban and has not had any recent agricultural activities. The soil quality and topography of the subject parcel makes it unsuited to most intensive commercial agriculture. As previously stated, a State Land Use.Boundary Amendment Application is,being submitted concurrently with this application to allow an Urban land use designation. Given the nearby land use combined with the difficulty of the parcel for intensive agriculture, a residential zoning would be consistent with the sought land use designation and other zonings in the adjacent area. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from lhumoe Street, which connects to Kaiminani Drive via Iliili Street approximately 0.25 miles from its intersection with Mamalahoa Highway. lhumoe Street is a County owned and maintained roadway with a right-of-way of 50 feet and pavement width of approximately 20 feet. The six (6) proposed lots would be served by a private road planned to conform to Department of Public Works Standard Detail R-39 non-dedicable private dead end street with at least 20-foot right-of-way and minimum pavement width of 16 feet. 19 A Traffic Impact Analysis has not been performed for the planned subdivision. For the number of proposed residential lots, much less than 50 peak hour vehicular trips are anticipated. As shown on the Rezoning Exhibit map (Figure 2) the portion of the property abutting the Hawaii Belt Road is encumbered by a 10-foot wide planting screen easement (Easement P-1), and no access onto the Hawaii Belt Road is allowed. There was a prior dispute regarding the access to the subject property with the neighbor to the west on TMK (3) 7-3-005:080. As a result, the parties consolidated and re-subdivided former lot 31 into lots 31-A and lot 31-B (subject property) such that lot 31-B would have access off a cul-de-sac on Ihumoe Street. A Settlement and Release Agreement was also entered which contains continuing obligations when the property is further subdivided (Exhibit F). Paragraph 2 of the Settlement Agreement requires that in the event that there is a further subdivision of the property, the owners of the subject property allow the Ikedas (or their successors) upon request, to review any plans or drawings submitted to the County. Additionally, in the event the subject property is subdivided, the common boundary of the subject property and Parcel 80 will be further adjusted such that the north corner of the common boundary will be placed so that it intersects with the southeast corner of Lot 14 of the Kona Palisades subdivision, which will result in a reduction in the area of the subject property. Paragraph 4 of the Settlement Agreement also requires the erection of a wall, fence or low maintenance planting screen along the common boundary of the subject property and Parcel 80. B. Water Consultation with The Department of Water Supply has confirmed the availability of water for the proposed rezoning and subdivision into six (6) lots. In a letter dated March 1, 2019 the Department of Water Supply stated that: "the water availability in the area of the subject parcels is limited to six (6) additional units of water, or six (6) 5/8-inch meters, per pre-existing lot of record, with a change of zone. A pre- existing lot of record is considered a lot that existed prior to the implementation of the Subdivision Code in 1967..."(Exhibit G) 20 Further consultation with the Department of Water Supply indicated that the seven total units are available to the property (1 existing + 6 additional) and the 8" line in Easement E could be used to service the property. DWS also indicated that if the property was rezoned and subdivided, a fire hydrant would need to be installed. DWS suggested that meters could be placed within an internal road lot when water infrastructure is built to DWS standards within the property. While water availability would permit up to 7 lots with the proposed RS-22 zoning the archaeological preserve areas make the layout of 7 lots technically difficult. C. Wastewater There is no County wastewater system in this area. As noted earlier, any new construction will be served by Individual Wastewater Systems meeting the approval of the Department of Health. The DWS operates a potable water well on TMK (3) 7-3-004: 017 (Kalaoa Well) which is located northeast of the property boundary. Department of Health regulations do not allow septic systems within a 1,000-foot radius of a water system. The DWS indicates that the northeast corner of the property is located within the 1,000-foot radius. No septic systems will be sited in that area (Figure 4). D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested RS-22 zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this property is a part of the Kailua-Kona urban area, no extension of government services would be required. There is a Fire Station, Police Station, Public School, Library and a gas station all located within 3 to 5 miles of the subject site. In addition, there are recreation facilities in the general area as well. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. 21 - 1 t t iliN .. r r ll!! III i eaquilo ., ril. ,.::: ' I ,...,,,,..,,,,,:„„.,,,,..... .:„..?..ii..,,F.- "--#04i1441P.Wte.***05k2.: -.4.7z.-:=zrx-r,-A 411111 . ' 10'' 1. al _______ _, ; . P • III —~-- Kalaoa Well 1 ,000 ft IWS Buffer N Legend -,____ ` I j Subject Parcel Kalaoa Well W /A'= E 1 Ni- ri Kalaoa Well Buffer hawtmk w S �- Feet 0 180 360 720 1,080 1,440 Figure 4 F. Other Utilities All other utilities such as telephone and electrical services can be made available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue in its unused condition. The applicants would not have an opportunity to create additional lots, increasing the housing stock in Kona which is in demand. From a long-term productivity standpoint, the proposed additional five (5) lots could provide a heightened level of possibility in having the land used for more valuable and productive purposes. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has classifications of"D" & "E" or poor and very poor by the Land Study Bureau. The potential for viable commercial agricultural use of the property is limited by the size and shape of the parcel along with the poor-quality soils. An AIS has been conducted and approved by SHPD and preservation actions for archaeological sites have been implemented, however an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity if needed. C. Mitigative Measures The applicants intend to make improvements, if required, generally consistent with the subdivision process. Also, if there is any construction activity, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as 23 is required by the State and County) and clearance will be secured before work is resumed. There is no existing drainage way on the property. Any and all required grading or grubbing work would be done in conjunction with the required permits. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site could continue in its idle state. The applicants would also not be able to reasonably develop the property to its highest and best use. 2. Alternative Density Under this alternative, the applicants could seek a more dense zoning, such as RS-15 or possibly RS-10 zoning. These zoning categories would arguably be consistent with some of the surrounding zonings. There are practical difficulties of water supply and subdivision layout that make this alternative less desirable. The applicants could also seek FA-la zoning, allowing for two (2) additional lots. With only two (2) additional lots, subdivision infrastructure costs would be higher for each additional lot. One-acre lots may be more in keeping with the existing one- acre properties along lhumoe St, however this lower density option would be contrary to the KCDP objective concentrating growth into compact villages and limiting the growth of sprawling estate properties. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the 24 project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RS-22 alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the Island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Low Density Urban. This designation allows the requested RS-22 zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide economic opportunities, from increased employment options and through the construction of any improvements required for the subdivision. The addition of single- family residences on the resulting lots will increase the real property values. In doing so, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater would be handled by Individual Wastewater Systems approved by the Department of Health. This, combined with the remoteness of the 25 property to the coast, should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise, except what may be associated with the general residential use. Any noise-generating facility, such as air conditioners, would be carefully placed to minimize their noise impacts to adjoining properties. The project site is outside the boundaries of a flood way. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. Archaeological surveys have identified historic sites on the subject property, and they are being preserved following an approved preservation plan. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian Hawk (7o) and Hawaiian short-eared owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. The proposed RS-22 zoning will help fulfil the objectives of the housing element by creating five (5) more lots, including the potential for single-family residential development. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project—with the protective conditions —will be used in a manner where it blends with the existing terrain. As the project site is approximately 4.5 miles from the ocean and has an elevation of 1,600 +/- feet, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Further, through the use of DOH approved Individual Wastewater Systems, impacts to the coastal,water will be minimized. There will be marginal impact to public facilities. Wastewater will be handled by Individual Wastewater Systems approved by the Department of Health, and the Department of Water Supply water line 26 exists to the site. Vehicular access to the site is fully improved to County dedicable standards and the site is accessible by emergency vehicles. The proposed new parcels will be served by a new private road. Schools and other public facilities are also located proximate to the site, most of them being less than 5 miles away. Finally, in terms of the Land Use and Housing elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. (Land Use Element) • Encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. (Housing Element) • Aid and encourage the development of a wide variety of housing to achieve a diversity of socio-economic housing mix. (Housing Element) • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. (Land Use Element) • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and. social environment. (Land Use Element) • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Discussion Inview of the foregoing goals and policies, it is noted that the requested zoning would be generally compatible with the surrounding area. There are many RS-10 and RS-15 zoned lots nearby the subject site. As Kona and its surrounding area continues to grow, there will be a need for more residentially zoned lands. This request also reflects this 27 demand. The subject project, in addition to attempting to meet this need, also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure - an 8-inch water line already exists at the site, police and fire protective services are available nearby, and all other utilities are available to the site. As such, this development should not require additional public services to be provided. The soil of the site is classified as "D" and "E" or poor and very poor by the Land Study Bureau and not conducive to commercial agriculture. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. The prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Likewise, surface and subsurface archaeological remains do not appear to be likely on this site. C. Kona Community Development Plan The Kona Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision-makers. The subject property is located within the Kona Urban area and as it is surrounded by developed properties on all sides is a good candidate for infill. D. Zoning and Subdivision The designated zoning of the site is A-5a and A-la. Should the RS-22 zoning be approved, the requirements of the zoning and subdivision codes would generally be complied with, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. E. State Land Use Agricultural Standards The State Land Use Designation is Agricultural, however the State Land use Boundary Amendment Application submitted herein requests a State Land Use Designation of Urban. The requested rezoning to RS-22 should not be contrary to the State Land Use Agricultural Standards. 28 F. Conformance to Urban District Standards The proposed State Land Use Boundary Amendment conforms to Hawai'i Revised Statutes Chapter 15-15 Section 18 as amended October 11, 2013 in the following ways: Urban lands shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses; Evaluation of district conformance shall take into consideration the following specific factors: • Proximity to centers of trading and employment except where the development would generate new centers of trading and employment. The subject property is part of the Kona Urban Area as defined in the Kona Community Development Plan. Nearby Kailua- Kona commercial and industrial zones are major centers for trading and employment in the District. Further, The Ellison Onizuka Kona International Airport, and major resort areas are nearby the subject parcel. • Availability of basic services such as schools, parks, wastewater systems, solid waste disposal, drainage, water transportation systems, public utilities, and police and fire protection; and sufficient reserve areas for foreseeable urban growth. As this property is a part of the Kailua-Kona urban area, no extension of government services would be required. There is a Fire Station, Police Station, Public School, Library and a gas station all located within 3 to 5 miles of the subject site. In addition, there are recreation facilities in the general area as well. County water service is available to the.site and wastewater generated by future single-family residences will be served by Individual Wastewater Systems designed by licensed civil engineers licensed in the State of Hawai'i. Further, significant future urban development is planned for the Kona Urban Area as detailed in the Kona CDP. • It shall include lands with satisfactory topography, drainage, and reasonably free from the danger of any flood, tsunami, - 29 unstable soil condition, and other adverse environmental effects. There are no serious topographic conditions making the property unsuitable to urban development. The near complete subdivision and development of surrounding lands attests to the suitability of the land for residential use. • Land contiguous with existing urban areas shall be given more consideration than non-contiguous land, particularly when indicated for future urban use on state or county general plans or county community plans or development plans. The County of Hawaii General Plan Land Use Pattern Allocation Guide map (LUPAG) defines the subject parcel as Low-Density Urban. The Kona Community Development Plan includes the subject parcel within the Kona Urban Area. • It may include lands which do not conform to the standards in paragraphs (1) to (5): When surrounded by or adjacent to existing urban development; and only when those lands represent a minor portion of this district. Though the subject parcel substantially conforms to the criteria listed above, the subject parcel is also adjacent to existing urban (residential) development and would represent a minor p p portion of this district. • It shall not include lands, the urbanization of which will contribute toward scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services. The subject parcel is proximate to the urban center of Kailua- Kona and will not contribute to scattered spot urban development. The proposed project clearly would be considered infill. • It may include lands with a general slope of twenty percent or more if the commission finds that those lands are desirable and suitable for urban purposes and that the design and construction controls, as adopted by any federal, state, or county agency, are adequate to protect the public health, 30 welfare and safety, and the public's interests in the aesthetic quality of the landscape. This criterion does not apply as the subject property has generally 10 to 15% slope. X. CONCLUSION Based on the consistency of the proposed change of zone request with the County's land use policies, approval of this request would be logical and reasonable. In addition, the request will help fulfil the need for additional housing options and help generate additional property tax revenue for the County during a time of an impending budget crisis. Lastly, the requested density is consistent with the surrounding area and properties. The alternative of leaving the land in Agricultural zoning would not be a reasonable option and would greatly limit its potential use. While other zonings of a residential and/or agricultural nature could be achieved, the requested RS-22 zoning is the most sensible. • 31 Report 928-011216 FINAL ARCHAEOLOGICAL INVENTORY SURVEY TMK: (3) 7-3-005:015 KALAOA 5 AHUPUA`A NORTH KONA DISTRICT ISLAND OF HAWAII Haun & Associates Archaeological, Cultural, and Historical Resources Management Services 73-1168 Kahuna A`o Road, Kailua-Kona HI 96740 Phone:(808)325-2402 Fax:(808)325-1520 �:� EXHIBIT A Haun &Associates Project 928 TMK: (3) 7-3-005:015 Report 928-011216 FINAL ARCHAEOLOGICAL INVENTORY SURVEY TMK: (3) 7-3-005:015 KALAOA 5 AHUPUA'A, NORTH KONA DISTRICT ISLAND OF HAWAII By: Alan E. Haun, Ph.D. and Dave Henry, B.S. Prepared for: Richard Stewart 78-7178a Puu Loa Road Kailua-Kona, Hawai'i 96740 June 2013 (Revised January 2016) Haun & Associates Archaeological, Cultural, and Historical Resources Management Services 73-1168 Kahuna A`o Road, Kailua-Kona HI 96740 Phone:(808)325-2402 Fax:(808)325-1520 a,-rte. .s4 r- .isi w.. „...-.0_ ��.x. z+.&-k-•3*-�L w+..� rk,+...w l e.+,.-. .u.i.PQM=a3._r . ,.v ..+._ ...-. __ +. __"} .,._k.1_.®k e.K... Haun &Associates Project 928 TMK: (3) 7-3-005:015 SUMMARY Haun &Associates conducted an archaeological inventory survey of the 3.992-acre TMK: (3) 7-3-005:015 located in Kalaoa 5 Ahupua`a, North Kona District, Island of Hawaii. The objective of the survey was to comply with historic preservation regulatory review requirements of the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD). The survey identified seven sites with 36 features.These sites consist of four single feature sites and three complexes with from two to 28 features. The identified features consists of 24 mounds, 4 kua'iwi, 3 enclosures, 3 walls, 1 lava tube and 1 terrace. Feature function consists of agriculture (29), livestock control (5),a habitation/activity area(1), and temporary habitation (1). All seven sites are assessed as significant for their information content.The mapping,written descriptions and photography at five of the seven sites adequately document them and no further work or preservation is recommended. The two remaining sites (Site 29789 lava tube and Site 29784 terrace) retain the potential to yield information important for understanding prehistoric and early historic land use. Data recovery is recommended for these two sites. The data recovery work would be guided by a data recovery plan prepared for DLNR-SHPD review and acceptance. Haun &Associates Report No. 928-0111161 ii Haun &Associates Project 928 TMK: (3)7-3-005:015 Table of Contents Introduction 1 Scope of Work 1 Project Area Description 1 Methods 5 Archaeological and Historical Background 7 Historical Documentary Research 7 Previous Archaeological Research 16 Consultation 19 Project Expectations 19 Findings 20 Conclusion 36 Discussion 36 Significance Assessments 36 Treatment Recommendations 38 Translation of Hawaiian Words 39 References 39 FIGURES Figure 1. Portion of Kailua 1998 USGS 7.5'Quadrangle showing project area 2 Figure 2. Tax Map Key 7-3-05 showing project area 3 Figure 3. 2009 aerial view of project area 4 Figure 4. Recently cleared area 6 Figure 5. Forested area 6 Figure 6. Ahupua`a boundaries and Land Commission Awards 8 Figure 7. 1894 map of Homestead Lot 47 showing Lot 46 and Alanui Kauhini 11 Figure 8. Portion of Emerson's late 1880's Hawaii Territory Survey Map—Register Map 1280 13 Figure 9. Wall's 1906 Hawaii Territory Survey, Kalaoa School Lots—Register Map 2349 14 Figure 10. Portion of 1924 USGS Kalaoa Quadrangle 15 Figure 11. Previous archaeological work 17 Figure 12. Site location map 21 Figure 13. Site 29789 plan map and photograph 22 Figure 14. Site 29790 plan map and photograph 24 Figure 15. Site 29791 plan map and photograph 25 Figure 16. Site 29792 plan map and photograph 27 Figure 17. Site 29793 plan map 28 Haun &Associates Report No. 928-011116) iii Haun &Associates Protect 928 TMK: (3) 7-3-005:015 FIGURES (cont.) Figure 18. Site 29793, Feature A enclosure 29 Figure 19. Site 29793,Feature B enclosure 29 Figure 20. Site 29794 plan map,photograph and profile of TU-3 31 Figure 21. Site 29795, Feature L and M mounds 32 Figure 22. Site 29795, Feature S mound 32 Figure 23. Site 29795, Feature C kua'iwi 34 Figure 24. Site 29795,Feature V kua'iwi 34 Figure 25. Profile and photograph of TU-1 35 Figure 26. Profile and photograph of TU-2 35 Figure 27. Site location map showing possible extend of former kua'iwi within parcel 37 TABLES Table 1. Land Commission Awards in Kalaoa Ahupua'a 10 Table 2.Previous archaeological work 18 Table 3.Summary of identified sites 20 Table 4.Site 29795 agricultural features 33 Haun &Associates Report No. 928-0111161 iv Haun &Associates Project 928 TMK: (3) 7-3-005:015 INTRODUCTION At the request of the landowner (Richard Stewart), Haun & Associates conducted an archaeological inventory Survey (AIS) of the 3.992-acre TMK: (3) 7-3-005:015 located in Kalaoa 5 Ahupua'a, North Kona District, Island of Hawai'i (Figure 1 and Figure 2). The objective of the project is to comply with historic preservation regulatory review requirements of the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD), Hawai'i Administrative Rules,Title 13, DLNR,Subtitle 13,State Historic Preservation Rules,Chapters 276 and 284(DLNR 2003). The planned development of the subject parcel consists of the construction of a six lot agricultural subdivision. Haun&Associates conducted the survey fieldwork on March 13-22,2013,under the direction of Dr. Alan Haun. The field work portion of the project required 9 person days to complete. This report presents the project scope of work, field methods, background information, survey findings, and site significance assessments with treatment recommendations. Scope of Work Based on DLNR-SHPD rules for inventory surveys the following specific tasks were determined to constitute an appropriate scope of work for the project: 1. Conduct background review and research of existing archaeological and historical documentary literature relating to the project area and its immediate vicinity-- including examination of Land Commission Awards, ahupua'a records, historic maps, archival materials, archaeological reports, and other historical sources; 2. Conduct 100%pedestrian survey coverage of the project area; 3. Conduct detailed recording of all potentially significant sites including scale plan drawings,written descriptions,and photographs,as-appropriate; 4. Conduct limited subsurface testing (manual excavation) at selected sites to determine feature function; 5. Analyze background research and field data;and 6. Prepare and submit Final Report. Project Area Description The project area is a 3.992-acre parcel located in Kalaoa 5 Ahupua'a between approximately 1,510 ft and 1,640 ft elevation. The project area is bordered by the Hawai'I Belt Road to the east, by the backyards of existing houses to the north and west and by Ihumoe Street and by the backyard of a house to the south. The terrain within the project area slopes slightly to moderately to the west. Figure 3 is an aerial view of the project area,taken in November 2009. 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Ill f —� ✓. r r 1. • r 7.% c �--�; '.._ •• ,i `�F] C �.� '.:`?j'-'7;�, ` � d_ --^rte~ �,r�j-f .:.p` It ! y'y v 4 Lil '-'^'..Z ,- ' 1.-,,--i---'-',----�I r -'t.,_J°1.�,, r"Y. :�h-a,�° �,. h • .(---l_ ,--.1�f ' "~J _ •J�' x -1- ' �j� 'E• r. - "-��—'ti _yam •.Sr..�* ,-- ,r-'"•.yrf �` . • a '_ t� ;F T 4- !_„, t ':�n� .�} l` • lam' r 1,- � 3 •�fatr?n:+, - .,= ..- ,.11'.�c.ra ..-ti,..-.:.« ,e•. .s..... ”. -„,ti- _ ..s-ar,•'.*. ri.*W _#-!-4a=E€.av-Jn. .2.e;..._,.m,..r-R-.Wycs.: •a+r•*;=,t°ar7 ys+msu- -s„•a:..rt s ?'-r:.ui. Haun &Associates Report No. 928-0111161 2 I _-I . ' 'FY+ -,, "` _� c:5 1 20 ,,,, r......„,i j �L�:, ,a7r „ ,..:: ::---"'-_ - ' (11 S' , . .--I:•� L`1 A yam"`' -• an9 :O' ' a., ,, a'. .,, nom'' - 4 .._s r- O 1 CU : I ate::: rem 8 • 'Ix67;4 4 os -.0 } ? ° d S 1 �� } 1 •w y1 _ F d.� * o • .,,;d9 a` UI •.llfy;i .��'— .. i1,4 N il 'L1 J •, + -,,, ��_�.- y. 1xT w. ';1:16:7111;.".01:5.11:477.!-'::::.::: � ^O "�„rJ _ tl.._l a:za1'�+ if �$ of �i 3+or•.,�• :i �... �� 1 'ra •r,;,1._;'' -'�. G,4,a u ' C�c%�k• a �rFoV Iti'+y �- l'='"a'C L! ckes + �T! las. j CDS_. ._�- l7-1:2^"-aid + n---.. { - _ �"___,–.ii`Nr �`a—....-'I' �� ,Y-� (-�T. ti�i'' 1 - kF ,r , Y'} NJ• ,1 - ., .a-"A-.1-1-r'''‘' _ P ''''.-7.1. , -«�'.. .--- - '' 00 � @ i e it t S Vii. i�rt. ?1Y • I r�.. - �n ill 4. \'y. a I�.. tL.L. �b �,1411 {1. •r } -"��� i r hw 1 �. 1,.....,;... r _ i ' 1 } _4 ,�� • I�4� i� Y. I.r ' �1' I �' �f` _...._�v." ._ tl. �.. ... • 1 , r .1 r5..y. ..r ..v+. ° i''� ` +.�� 1.:'.r .+�. =Fri rr ', '04. n,, + - 1 j;�Ad w r,_ , ',:+ 'r!- 4:. - t J r 4'.3..a..,--- 1,2., I r'_ v� r �r.-�.. r I I� rr 4-.1::..:4;rs _ '' -1 .1,f '1'"".."4.,,,,,,..".5, -a•r 11 T� ,+! �` OR `i �' d i) "'lp,,., J. 1.i1 - _�t ;�_1a+�.bL' S\S i �._, r.or.. +ti' r '„ � –3.' - a , �r1 7y • 'tom S ” �:.; • -+�1' A' .......____;1, �.__A.,,,,...- 5II .,.:�.t�• t �uN . �_ .r..' "�' �,... 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IJ 00 If w..rrewr„+ .a�, xa+, +wr - _ '..7.0,...., roe Z,J• CN ^. y. I' , .1; +, ar,T r±P ,,......,e.—!.....,. ��s k r^' ,' u is -�"^ �-L.�. 141 �l .�.•.wnY. .Mw '\ 1 .f1 :..W �1✓ �. N /f.!.V!,1 i.4i' W b...J 9 �r�^�^.w•- �:.!`Ion `kl'� - O F�-r ; : '.�. '� w•..,Y F i>�-.n+ d.js•+ 1 ,.k-...v.w..y.::s,+ :� ''� T ,r:7 • wrw.: rerc-. 1 1 � �i r..". m?S y ee^`- .I .g.3.!�e. i4.4 r ZGN@' SEC i 'QI[�T I-' uNR .+ w ro I _ . fl R%'n.tiroda.w "Ss`./' 4 T-.� �' 11•1aCJ: O W .,.,t_44,,.'�.f 4r.... .e•''�j[ji1�19'',,,&,;'11?CP7> XA7/Y I•.ti?�.�}VYAII:. _ l. j miwiirC7'TP-CFf vae, sc.. 61,42 !x, E N .. ✓ '' FB tel , .. . .5]:Zk:.,,,-Ni.0.;ti;..r..-, -).,,a .Y,g4 S!}x.-+.– M,:-3 .'' ..,`,,,,,,:.LickWT ,...:%''"..t-N... ..�-':TM •.:>=7. !-n-,,...i...s. �.� f?•:,a3.�.«_40. -a.-9: r. "$&WLe 1,-.wo:t,.X. ,,-i--m Tn_=m,--.s1tct.zo-.-F id.....s „4'x,`gag..*. .-,---,-m54-., -„,-,„,rXn"E .£_in';k..'f.r6,10.bi'r."i4.44_t'.99,,,,,,-0,t Figure 2.Tax Map Key 7-3-05 showing project area Haun &Associates Project 928 TMK: (3) 7-3-005:015 •• 1 .j_ rN • r •, . .. Y • f ,r• 1 1. 1 ` -- I • I �I -- I I I ._ ` N.+ I 1, den f tr r i Ppm,e} `.t I r, I r .• e . t f i 1 r/ r • I I- - .N m I I ca, I I 1 ra SIMti i 41 ! 1 1 t 11 r r cr_ r . # r :, 1 / 1 1 1 r I I ' • I I i. �. ` 1 ,,v 'v ' , I - ' rir 1. + I o0 1 .. - - 0 i s 1 1. roa ci_ 41.1 ciI • a •ISi7:. 0 • • 1' m p IN i; r f- M i s- bo Haun &Associates Report No. 928-0111161 4 Haun &Associates Project 928 TMK: (3) 7-3-005:015 Large portions of the project area were recently cleared (see Figure 12 in Findings section). According to the landowner,the clearing was done to reduce the wildfire hazard for the surrounding residences and to discourage unauthorized use of the property. The clearing was done using a chipping device attached to a tracked excavator that shredded the forest vegetation, leaving behind a mat of woody debris (Figure 4). This cleared area comprises 2.834 acres or 71% of the project area. A low mound of machine-piled boulders created during the recent clearing is located in the southwestern portion of the parcel. An area of prior disturbance is located along the southern project area boundary in the inland portion of the parcel (0.079-acres or 2%). This area appears to have been cleared by a bulldozer, likely associated with construction activity on an adjacent parcel (see Figure 12). The remaining 1.077 acres (27%) are forested primarily with secondary growth vegetation indicating that it was potentially cleared in the past. This vegetation consists of strawberry guava (Psidium cattleianum), silver oak (Grevillea robusta), jacaranda (Jacaranda acutifolia), Christmas berry (Schinus terebinthifolius), kukui (Aleurites moluccana), o'hia trees (Metrosideros polymorpha), ti(Cordyline fruticosa) plants and grasses and vines. A portion of the forested area is depicted in Figure 5. The property terrain slopes slightly to moderately to the west. According to Sato et al. (1973:48),the soil type is Punaluu Extremely Rocky Peat (rPYD) on 6-20% slopes. This soil is characterized by a 4 inch thick surface layer of black peat overlying pahoehoe lava with exposed outcrops occupying 40 to 50% of the ground surface.The soil has a rapid permeability, a slow runoff potential and a slight erosional hazard and is classified as suitable for pasture. The underlying lava was deposited from Hualalai Volcano between 3,000 to 5,000 years ago(Wolfe and Morris 2001). Methods The project area was subjected to a 100% surface pedestrian survey with surveyors spaced at 10 meter intervals. Ground surface visibility throughout the parcel was good. The identified sites were subjected to detailed recording consisting of mapping, preparing standardized site and feature forms, and photographic documentation. Archaeological features were flagged with pink and blue flagging tape and their locations georeferenced with the assistance of a Garmin Global Positioning System (GPS) Model 60-series device using the World Geodetic Survey (WGS) 1984 datum. The accuracy of the GPS device for a single point is +/- 3-5 meters. This accuracy is increased to approximately 2-3 meters by recording multiple georeference points, including property corners and overlying the plotted points on a scaled map using AutoCAD software. Sites were defined based on proximity and probable age. Features that are likely of similar age (prehistoric, historic) and are less than 15 meters apart are considered to be one site. Exceptions to this definition are a complex of dispersed features that are likely of similar age and share a common function. This site is a complex of prehistoric agricultural features (Site 29795) that are elements of the Kona Field System (Site 6601). These features are part of a much larger site complex that extends north to Ka`u Ahupua'a, south to Honaunau and from the coastline to the forested slopes of Hualalai. Subsurface testing consisted of excavating three test units. One test unit was excavated in a prehistoric habitation/activity area terrace (TU-3 —Site 29794), one was situated in the forested portion of the parcel in the southeastern portion (TU-2), and one was located in the recently cleared area in the inland portion (TU-1). The test units were excavated in arbitrary levels within stratigraphic layers and were terminated on bedrock. Standardized excavation records were prepared after the completion of each stratigraphic layer. The fill removed during excavation was screened through %" mesh. Following the excavations, a section drawing depicting the stratigraphy was prepared, post-excavation photographs were taken, and the units were backfilled. Recovered cultural remains were transported to Haun&Associates'office for analysis. Haun &Associates Report No. 928-0111161 5 Haun &Associates Project 928 TMK: (3) 7-3-005:015 w. ;: _ _,c + ;. - _ .y�. , 1 4.i. , t , - y r ;(i 1 , 6r' r,,� 'ice. rL' •{I yti 4s ` s LL - - .17 _ . ., is'- 4 ?.V w , — ...IN �yf r 1 -.j � , %l Yk" , - -__- i _ - 1 , rh -I ( - , arte, ,_ 1 ' ,-s--::,.s.,-r-,, _‘ 'milr -- XL—A; , ( N � -1 -- tu. L - �'� -, �� t Z._ x -`- •d ~ f. r1 `C ,7 - a' # t';` V . 1. � ..�\.+ _ t / �� 1 _ r- Ir, 1- `i •r�} P. }e. r 1 _ Ie te tiri *_"1•r y,11 1 • .I 'err..4 ,. •r ,jr•1 • 's_h 'y �„ -s.-...-1-4„, it , G---:r.. il"� !�" s,.� Y�� i :r�loll` ,, -'; Figure 4.Recently cleared area,view to northeast 4 e t' 4RY g g � {, L< "T,!I.„ G•� Fal ~ ��h'�°. '� ��` "�'T 1$I j,Y„iJ 471, �'r�4, .Q J ,T- J w 1. 1 :i 1•.•' ,r-atter c t7Y'&+•4-1. r S c# s y_ i� t s., ir, 44),..,-4...i, _ ! .,'•• ,h •Yap r XY +lx r. 4 I. _ ,,pN.1. •.,-, -:.. ;.,..,, ./..0.0_.,,,,e. , ,--,....-Ify,t,_-,_g.,:::. ;,:t -',.t r — __•.S = ,--,.ki.,,, 1.- ...- N'tt,7,,' yl ,�� �-. y�y a� a a',41 44'4 rY-fit I •' s4,...1.;'',1 y,, x y "s. J" �J'r'• ��.YI•�'� ! 1 s �r_! 6 I 31 'l •,.."7. • ., = I `417.1 tr r 5 2 '�k 7, w` d Y- 9 1,f , -1 _ R -_-=, �Jr tiI Ft f I. 17,N,-fp.. • 11 i"I'',...„,f..........„..4, . A I r s r , 1 _,- ,d 1 e s ,.e`• ' J,.. ., . ,'-N{ 0Nht I . r 4 ..- • • Figure 5.Forested area,view to southwest Haun &Associates Report No. 928-01111616 Haun &Associates Protect 928 TMK: (3) 7-3-005:015 BACKGROUND Historical Documentary Research Kalaoa is literally translated as "the choker (as a stick for catching eels)" (Pukui et al. 1976:75). Coastal Kalaoa lies within the lava-covered land north of Kailua called Kekaha, which "describes a dry, sun-baked land" (Kelly 1971:2). Kalaoa is divided into Kalaoa 1-5 from north to south, bordered by Hamanamana Ahupua'a to the north and by O'oma 1 to the south (Figure 6). The Kalaoa's extend from the shoreline surrounding Keahole Point inland to approximately 2,200 ft elevation, terminating at the Honuaula State Forest Reserve. There is little mention of Kalaoa in Hawaiian legendary and traditional history. Henry et al. (1993) summarize the limited references. Kalaoa is mentioned in legends of two mythical brothers, Ka-Miki and Maka-'iole.The legends were published by Hawaiian historians J.W.H.I. Kihe and John Wise between 1914 and 1917 in the Hawaiian-language newspaper Ka Hoku o Hawaii and translated by Kepa Maly. According to Henry et al.: The great fishpond call Pa'aiea extended from Ka`elehuluhulu near Mahai'ula to Wawaloli [at Puhili Point] on the border of'O'oma,the pond was nearly three miles long and a half a mile wide. The guardian's compounds were situated at Ka'elehuluhulu and Ho'ona [at Kalaoa]. It was at these places that the pond guardians and konohiki dwelt.At these sites were also the supply houses of the chief... (1993:21) Kaluaolapa was the priest of Kamahoe,which is also called Na Kalaoa-wai-'ole (the waterless Kalaoa_lands) and Hale`ohi`u. The chief of Kalaoa was Kahouhale, his wife was Malumaluiki, and their son was named Kahokukahi. Following the dedication of Ka-Miki's compound at Ka'aipua'a (at Konhana-iki), Kahokukahi was a competitor at 'Iwa'awa'a, the contest site of Pohaku-o-Kane, in the lands of Kohana-iki. During the contests, all competitors surrendered before Ka-Miki's superior skills. When Ka-Miki and his brother were traveling through Hilo, they met with and competed against the chiefess-riddler Kalaoa, and the lands of Kalaoa, in Hilo and Kona, were named for her... (1993:25) Kapukalua, the brother of Kapaihilani, and uncle of Ka-Miki ma, was an expert fisherman and a priest in the Kohanaiki-O`oma area; his canoes were embraced in the sea-mist of the ocean god Apoula. Because of his skills and status, Kapukalua secured Kauhionohua,the beautiful fair-skinned chiefess of O'oma,as his wife. The priest, Puhili, served under Pohaku-o-Kane, father of Ka-Miki and Maka-iole, and officiated over certain rituals of Kohanaiki and O'oma. The lands between Kohanaiki and O'oma,where the priest dwelt, now bear his name(1993:27-28). Ellis (1963:31) reported the observations of the Reverends Thurston and Bishop during a walk along the coast north from Kailua in 1823.They described houses along the coast built on lava and small gardens in the lava where sweet potatoes,watermelon,and tobacco were grown. In the 1840s, a political act of the Hawaiian Kingdom government would forever change the land tenure system in Hawaii and have far-reaching effects on its people. The historic land transformation process was an evolution of concepts brought about by fear, growing concerns of takeovers, and western influence regarding land possession. King Kamehameha III, in his mid-thirties,was persuaded by his Haun &Associates Report No. 928-0111161 7 I , 1 . 0.) Z > cr, ..... 0 w• -- Queen --- ) ,- .... Kaahumanu , --_1 ; -. ,---, Hionviay 0 6000rt CDt- .... ,..1 j-,....., .,1;;fe-r.----, . ,---' h; -,. ,., -a 1... ...., 0 2000m , ---, tj-----.. _, ,....., •I r 'at,. , , ,--„i -,.... rt !4 - Contour Interval--Soft ,-,- IfLID 1 1 h 71. ......., ..T., II t_ .-....... i io ? i 1 ril ;-.„0 1 --1 ,,,. ) 1.-:' 1 ? ,1--1 , --- /. .- ---. \ Keahole I/ i L.._:,I:- -,Ii ,., 7/......,... ..., i -......., ., i . „, ,, i --,c,` ,,, -.... .... Airport il 0 ,LI .-• 00 i 1 ..),,..,. P ler ''•,-.4',_ \ P 1 , ••••..--1 Mamalahoa \ t ti i.L..-..,...4, ....1- , \ . . 'Highway ,•• ? ----I -"'- -, -....•-•• , -iA• --1---- ,.• -.7'-- /-r--,•-•-,- i'i -• r----/- ' ,f .". -,,-----.1-,,:. ‘\ 1 \ 1 / . 7 (' •--.... ( „, .. , ° fl r I t t. t 1,„. ' . -r--. ( f .-' , i , , ,-—--I,,-- , A. ,_.-T-•- ----••-f• -71- k, i I I p I ,I -..) ,. • i1, 1 Kalaoa 1-4,-, ; ,' i--,,,i ( i ! t---.,-, 4-____----i--4 -;,-, - ..i___\ i • ,-..... .. ii-.. ,..,.._, , 0 0 01 -111 ‘i.-._-6,-.0----- ----,0 -(L'. II if / / --I. -—r----4- A-4r'( r——r- - ( \ :,. Keaholt, IC I ' r-------r---'-,-' ' \ , q ir-,-., _ \ . 1 ' ", -' -_ -;' ,_;-=,.:4...)1 --- _'„,i, , ., ‘ i )„, .i, .-- // k 1 .--1-- - ' 1,--11 , — Ilk • \ k =.. "--"-,,-; -. ... ) = , ' r ,, r ''''''''-'-I' '-' ) , -1---1 , k , --, / -- ; ,7,7A'--Z1---,'-,..._ il \ '• , , k . 1, \‘‘,,, 0 ' .....,... •-. k 0 , 1,• ?'''._ -_a_TV.,T--- ).---4-=''T--r-:-.----.L 1 '. I t LCA 7937 , \ I 1\ ', t' t ' 20 . Kalaoai5 1'1 f 'wri,I ,-,. 1__ -1,',,L-,-'-tcw.-7-1'-_.,,,,--`• `-- ', , ,,, , 't ----77---+LLcok.'/8ii-,.+-1- ''t I LA ..^.. ..• :71 , 1 _lir ,I . „ ---/- ' \ Honuaula ro (--, Croma 1 ‘, -, , r'''-kl k, 'i \‘, '1 ' . '', ‘.. k \. -.' el 1 \ State Forest \ ---) ---- - _ 1\ _i_ • \ .% ''''i t'.' 1.. ,1 i \ \ ' ( )1,i., \ , Reserve l' I , u. _..,.. ---,.`--'-'7- t \ , N I r• 4- r \ ' ' \2200 -' 'l -''''--.---......_ f. 4i'- ..2 -- ---.‘—— -- 1,--- ----14-1-•—4_ c• \ \ \ , , '1 ,.. 1 -- \ ', `-‘, \ ,—i \ ct. . . I . , \\ ---- „,, „.„, ,,... -..... , , , L , 1 H 0 • ) , / •,-, /.. I 1 \ I \ \- \ --f",-\,,‘k•-— r I!”. . ,..:.-C.:1.1\ ":..12nOil \ ., .'2"' :1r: I 0 oma 2 i -- ) 1 •---k1---- ... r-I- \i., ) 0 , I . ,_ \s's i 1 ; ' S \ \ ....''C.,..., \ '...., , ? n \, .,, .------_.1V, / .„. i , IOW i „ -A--- smo 1720 V) .S..-_-- - - , \ N.) . 00 .1 1 % \ \ ' • IOC jai, Kohana lki ‘• .., , LA) jam 440 52D 0 .. 0 1--, 1-. ' Lrl 1--, 0 C-' 1../1 CC •- - ,-.' •-- ••• • . . • , .• Figure 6. Ahupua'a boundaries and Land Commission Awards Haun &Associates Protect 928 TMK: (3) 7-3-005:015 kuhina nui and other advisors to take a course that would assure personal rights to land. One-third of all lands in the kingdom would be retained by the king; another one-third would go to ali'i as designated by the king; and the last one-third would be set aside for the maka'ainana or the people who looked after the land. In 1846, King Kamehameha III appointed a Board of Commissioners, commonly known as the Land Commissioners, to "confirm or reject all claims to land arising previously to the 10th day of December, AD 1845." Notices were frequently posted in The Polynesian (Moffat and Kirkpatrick, 1995); however, the legislature did not acknowledge this act until June 7, 1848 (Chinen 1958:16; Moffat and Kirkpatrick 1995:48-49) and the act is known today as The Great Mahele. In 1850, the Kingdom government passed laws allowing foreigners to purchase fee simple lands(Speakman 2001:91). During the Mahele, Kalaoa Ahupua'a (1-5) became government land (Indices 1929: 31, 35). The Waihona 'Aina (2000) Mahele Database; which is a compilation of data from the Indices of Awards (Indices 1929), Native Register(NR n.d.), Native Testimony(NT n.d.), Foreign Register(FR n.d.) and Foreign Testimony(FT n.d.); indicate that ten individuals claimed sixteen parcels in the Kalaoa's, but only two parcels in Kalaoa 5 were awarded (LCAs 7899 and 7937). Table 1 lists the claimed parcels and the locations of the awarded parcels are shown on Figure 6. The limited data on parcel area ranges from 4.8 to 6.0 acres, excluding a 0.81 ac house lot. One parcel was conveyed in 1841,one in 1843,and one in 1848.Two parcels were given by Kaainoa,and one each was given by Kaluaonaona, Kapaa, and Kamehameha I. Five claimed parcels included houses, one of which was partially enclosed. Thirty-two cultivated plots (kihapai) are listed for the parcels. Taro and sweet potatoes are the only crops mentioned. The two awarded parcels are situated between 1,200 ft and 1,400 ft elevation and it is probable that the other claims were also for upland parcels. LCA 10523 is described as forest land. Soehren (1985) indicates that the Hawaiian Government began selling land in the vicinity of the project area in 1852. The parcels ranged from 0.5 to 515 acres with an average of 50 acres. Most of the land bordering the alaloa inland, which later became the Mamalahoa Highway, at approximately 1,700 ft elevation, was sold by 1866. A road at approximately 1,100 ft elevation, Alanui Kauila provided access to the seaward sides of the parcels bordering the alaloa inland. A lower branch of the Alanui Kauila was Alanui Kama, which subsequently became Ahiahi Street. Alanui Kauhini was an inland-seaward road seaward of the Mamalahoa Highway that formed the boundary between Homestead Lots 46 and 47(Figure 7). Henry et al. (1993:34)quote an 1865 letter by Wiltse to the Interior Department regarding his assessment of available lands in Kona: Hamanamana, Kalaoa 1s`& 2"6—Adjoining lands.These lands extend some distance into the forest, but a piece of them below the forest and mauka of the Govt. Road have been sold and Patented, 204Ac. Makai of Road I have surveyed and bargained to sell for 50 cts per Ac. This piece is used as a goat pasture, and is of little value for any other purpose. The remaining part of these lands,about 500 Ac., is of little value. Kalaoa 3`d&4th—About 200 Ac.,of 3rd rate land,300 Ac.of rocks. Kalaoa 5th—Not in the mahele book but believed to be good land.This land above the Govt. Road has been sold and Patented. Below the road I have surveyed 515 acres which was sold by Sheldon to "Kaakau" & "Kama": who payed him $165.00. As no valuation was made of this land per acre by Sheldon I afterwards valued it myself as follows, 300 Ac. At 50 cts per Ac., 215 Ac. At 25 cts per Ac. The balance due according to this valuation including Patent was$42.75 which was payed to me in March 1864 and forwarded by me to your office. The survey of this land is in your office. If the payments made are satisfactory,these men would be very glad to get their Patent.This is a piece of 3rd rate land, used only as a goat pasture, no improvements on it. Makai of this survey is about 400 Ac.remaining to the Govt., but of very little value. Haun &Associates Report No. 928-01111619 Table 1. Land Commission Awards in Kalaoa Ahupua'a c c 90 Apana 'A p a n a Other-Section " Boundary Boundary Boundary Boundary Date I rc D LCA' cialmant Ahupua'a III Land Use Giver ,: Aaeage Sources Comment N ', claimed awarded Balms No. ' Mauka Kau Makal. ' 4ohala. Reed N 851H Hiwauli 1 0 4 Kalaoa N/D i N/D N/D N/D N/D N/D N/D Kam I N/D NR475v2 claimed entre ahupua'a 0 n_ NR 451v8, awarded parcel in 1843 Kaainoa 5.75 ,-1- NT 540v4 '*NT540v4 Kalaoa 5 fD V7 7899 Kupae 2 1 0 Kalaoa 4 N/D 8 kihapai N/D N/D N/D N/D -z i. o partially enclosed Kalaoa 5 Kaweo Kekii Haleolono Kahaukala Opuakue CD' house lot,12 kihapai n ,—i- LID 7906 Kalei 1 0 0 Kalaoa 4 Wailele N/D N/D N/D N/D HID N/D N/D N/D NR471v5 claimant was school superintendant N CO Kalaoa 5 described as 7926 Kanahele 1 0 0 Kalaoa 5 N/D house lot N/D N/D N/D N/D N/D N/D 4.80 NR 514v8 being in Leleiohoku _ _ ahupua'a Kahuku described as an entire iii in the corner of NR 453v8, 9 kihapai 1848 Ka Iuaonaona .4.87 Kalaoa 5,Leleiohoku 539v4 described as owner of 7937 Kukaaui 2 1 0 ahupua'a Kalaoa 4 N/D N/D N/D N/D N/D N/D Kalaoa 5 Kahuku Kaupulehu Kawao Kihalau Kahuku 0.) 7938 Kaikeleaukai 1 0 0 Kalaoa 4 N/D house lot N/D N/D N/D N/0 N/D Kaainoa 6.00 NR 516v9 C C 7939 Kanhele 1 0 0 Kalaoa 5 N/D N/D Kalulu Kaholo 2 ii Kea hole Halelono N/D N/D N/D NR 516v9 claimed entire iii Haleolono, D 9239 Kaainoa 2 0 0 Kalaoa 4 N/D Ka loaloa Kalaoa 5 Kaluaola pa Kalaoa 3 N/D HID N/D NR 545v8 claimed 2ili N Kamuku N ' O 3 kihapai,kalo, NR 590v8, n Kalaoa 4 1841 Kapaa N/0 ELT John sweet potatoes NT 681v8 FIT 10337 Nawa hie 2 0 0 1 Kahuku house lot konohiki fence road konohiki XJ 2 Kamuku ND road Kahuku konohiki konohiki fD -o John o 10401 Nawa hie 1 0 0 Kalaoa N/D house lot N/D N/D N/D N/D N/D N/D 0.81 NR595v8 rr z 10523 John 1 0 0 Kalaoa 4 Kaiwaiholehole forest N/D HID HID N/D N/D N/D N/D NR 597v8 Nawahie IV CO 10695 Paina 1 0 0 Kalaoa Apuakahoi N/D Kaiwiholehole Kamuku Poona Kealaehu HID N/D N/D NR 600v8 claimed entire ili O N I-, ND=No data I—, i-- a, H5 0 Haun &Associates Project 928 TMK: (3) 7-3-005:015 i'. 4. •. , vme slQ x& o\ 6 UM.at- 0g o SX I,s\ All %Adtns\4 n kkei., • 01 _... w`A ptiu4�ta c1/4 k Se. 'Soo SSC lia i1%. Figure 7.1894 map of Homestead Lot 47 showing Lot 6 and Alanui Kauhini(from Soehren 1985:3) Haun &Associates Report No. 928-011116111 Haun &Associates Project 928 TMK: (3) 7-3-005:015 of 3rd rate land, used only as a goat pasture, no improvements on it. Makai of this survey is about 400 Ac. remaining to the Govt., but of very little value. Henry et al. (1993:36) cite a letter sent to the government land surveyor William D. Alexander in 1888 by thirty-three Hawaiians applying to acquire government lands from O'oma to Hamanamana. The request indicated that the applicant's current land holdings were too small for grazing goats because of the lack of soil. The additional land would enable the applicants to sustain themselves. J.S. Emerson's 1888 field notes, prepared in conjunction with his survey of the Hawaii Territory Survey Map of the Kailua area (Register Map 1280-Figure 8),were reviewed by Henry et al. (1993:37).The notes contain references to six survey stations in Kalaoa: Station "Ke-ana-lele"(The leaping cave) This site in Kalaoa 2nd is a water cave(p. 14) Station"Kuanahia" The ahu of Kuanahia is on the side of a stone wall mauka of the government road in Kalaoa ft.The station was named for a famous warrior-chieftain of Kamehameha I, and he once had a house among the trees behind the station (pp.40-50). Station"Ka-'eu"(The mischievous one) At/or near a kipuka area in Kalaoa 15T which was formerly cultivated with taro. Station"Kapeke"(Exposed) The station marker is on the ground among the stones of an iwi 'aina (stone alignment- land boundary) between Kalaoa 4th and 5th. The site is 5 feet makai of Ka'ainoa's old pig pen (pp. 81-82). Station"Konio-hale" (Konio's house) A site on the border of'O'oma 15`and Kalaoa 5`h(pp.91-92). Station"Maha-'ula'ula"(Red forehead) Land agent Wiltse set an ahu at the southwest corner of Grant 2972, awarded to Ka'apau and Kama at this point.This is a point of dispute, as the natives say that the ahu is in Kalaoa and not on the "iwi" [stone boundary alignment] between O'oma ft and Kalaoa 5th(p.91 and 92). Figure 8 depicts the lower forest edge, seaward of the project area between approximately 900 ft and 1,000 ft elevation. The area inland of the project area is labeled as thick forest. This map also indicates that the portion of Kalaoa 5 in which the project area is located was awarded to Kaapau and Kama as Grant 1609. A house owned by Kama was located seaward of the project area, below the lower forest edge. Figure 9 is Wall's 1906 map of the Kalaoa School Lots (Register Map 2349). According to this map, an old Kalaoa School once existed inland of the Government Road in Kalaoa 3 Ahupua'a. The new school was relocated to the adjacent Kalaoa 4 Ahupua'a. The relocated school lot is also depicted on the 1924 USGS Kalaoa Quadrangle map (Figure 10), located to the northeast of the project area. This quadrangle also illustrates the Kapeke survey station present on Figure 8. It also shows several stations in the Kalaoa's that were not present on the 1888 map, including Kapai o Hooka, Kukuinui near the boundary of Kalaoa 5 and O'oma 1 and several unnamed stations. Kelly(1971:12) cites missionary and later census data that documents a decline in the population of North Kona in the 1800s. Kelly(1971:13)also cites selections from Bowser's Hawaiian Kingdom Directory for Haun &Associates Report No. 928-011116112 08Z1 dew Ja;si2a8-dew Aanjng Aao;uaal iiemeH s0881 ales s,uosJaw30 uoEJod•8 aangij 111 - ,,,,.u. .�.ytid..rr:.,.mr.w,... wr�mdt _ -:_. , ..-v:.. ....;...d_ ... ., ...Y-rv. ,- ...,�..u�srr..-..wsaweaewmne w.•tt�nn o r 'o .aJ �_ r+ d p O no /' "r.4-,--, ..r+, v -,c eCrx..—.. 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U `'�. mer - y -.{-'4.-`�' r.,�. \'•..4.J "�' .�C- O '+-& ..\\_. -,-44 4. --...--- .,,,,,N*;,-,,r,•,' -st, ' .. i �� PPPn .x 4Z- _,, ! -' f C C t6 1 Haun &Associates Project 928 TMK: (3)7-3-005:015 ...JAWY.I.,... CRR/TCI` ' -ti r 4. • Ar...4 L,1 0,4 S L I/OOL LOTS -'-. 1/ C.Z.,A,‘ 1.4r.r.0.• hCs4Z1.4tprefelt.43/a 61.6,‘A.:CU/MA;la 7641(.2.fetl. ..-`. • -1-'- i: :I A....b,..r,.... a... ra. I - 11/4." A L ,4 0 ...1 3 c—aat 90, Ira I z P.reDziaceta 1 6 .-- I , r .., , • ., , ‘ % 1 ‘ --1 • \ 11 t ..- II __..----- 1 _.-- r---- 1 \ \ I , , ....4 ------ p...,474; . ! . ? • L ,1 _ I ,! - I 14 A 0 ...-f , 1 ' i 1 1 ) 0-4.0.00 1 , , I . ---- . . '.% $ A .., 1 ...- It ar Irr.v,ic ad a , A" A L ..---/ C ..9 ...,- ...d .-i 4 [ 'N.I. rA e.,. Figure 9.Wall's 1906 Hawaii Territory Survey,Kalaoa School Lots-Register Map 2349 Haun & Associates Report No. 928-011116 14 Haun & Associates Project 928 TMK: (3) 7-3-005:015 i--/ ;:si .," 53.4s--------_ -- r — ,...-/ f. ,, - „......./..---, ,.,-....- ; - ✓ . y_.......: jr.,._ ,....01 -----, .....b.., ... , .......k.1/"..:. r V f l 1 /r ... t; it ( £ . L •� - 1_,,,........"' r--- ,ter_ " ( , 1 �'.. 4 . , ...,,__,_ , ,_ li , r 4, _f, .___,.... „,,,_,,, ,, ___,, _, ii, , ! „__ , _÷. 46 ___ ___, , ......._,...,,,,,_ __ -IIKI ,,,, '' rf"'-.... ,...4e,"..`,,,..4..'N.-1 t . ../.'..'n' �'"'�' '1 1 ...� Yom"•_ter` MIM•�”` 't,L.' V 1P ' „yam ef _ Y P ,... A __,. „.....„-- , „, , ,__....,,___ 4,;( . .. ,....a, , _...r,- t I,. iiii -1 vr- 1 . ..d.._,-- -�... , ,,� " .t3` """f- ,•^"'- ..r ,,.E tt'C "' , Ott t i a --�-•- yp : o- / Ni, Lia• ----- -`*-.- _ �'Y .-..: 1 Y --t) p'°` a+..,'°'$" 2 (j,1f J . .,..,..a., i �/ e i illi t a lia el' f. - -----T 411,_ . r P _.scene 1�� .k7 j J .d"�,,.<'1....�.. t VI i Y,-*--, w7 , 'r'..1,. '.`......a,•r� �°",�,ir'... t tli C7 • Ar: ! 1 l) ,r0—, # I O .c.` 1.\,:(2 t ,ice '"4..r y '! `l. ''',.V- ,-___ — / at L • It . t Haun & Associates Report No. 928-011116 15 Haun &Associates Protect 928 TMK: (3) 7-3-005:015 1880-1881. Named individuals include coffee farmers and goat and sheep ranchers with operations in North Kona between Kaloko and Puuanahulu. A man named Hueu in Kalaoa is identified as a coffee planter who cultivated three of the 200 acres he owned. Previous Archaeological Research More than 40 archaeological survey and excavation projects have been conducted in Kalaoa and the adjacent ahupua'a of O'oma. Figure 11 shows the locations of the projects and Table 2 summarizes the projects. Not included in the figure or table is the overview of O'oma and Kalaoa archaeology by Cordy (1985) and a study by Rosendahl (1973)that could not be located at the time of this review. The surveys in Table 2 cover nearly 6,800 acres identifying 484 sites with 4,923 features. To aid in reconstructing settlement patterns, features were quantified by probable age and function, and the studies are ordered by elevation. Traditional Hawaiian features were categorized as habitation, agricultural, burial (including possible burials), ritual, trail, and rock art. Features not assignable to these categories were categorized as miscellaneous/indeterminate. Traditional sites in this category include cairns, saltpans, fishponds, and pahoehoe excavations. Habitation sites are further subdivided into temporary and permanent for studies making this distinction. Density per acre values are given for sites, features, and habitation and agricultural features. Overall, the studies have identified 53 permanent habitation features, 379 temporary habitations, 3,739 agricultural features, 25 burials, 17 ritual features, 34 trail segments, 65 ahu, and 18 petroglyphs. Four hundred and fifty habitation features were not categorized by residential permanence. Historic features were not segregated by function.The majority of the historic features are ranch walls. Density values for surveys larger than 50 acres do not show any consistent trends by elevation, except for agricultural features, which are rarely reported below 100 ft elevation. Overall feature density ranges from 0.01 to 6.78 features per acre, averaging 0.93 features per acre. Habitation feature density ranges from 0.01 to 0.48 features per acre with an average of 0.17. Agricultural feature density ranges from 0.03 to 6.16 features per acre with an average of 0.65.The highest agricultural feature densities come from the Haun and Henry (2002a) and Head and Rosendahl (1993) surveys between 380 ft and 600 ft elevation. Burial and ritual sites are present near the coast with a few reported for surveys between 500 ft and 1,800 ft elevation. Twenty-eight radiocarbon dates are reported in the studies by Hammatt and Folk (1980), Walker and Rosendahl (1990b), Thompson and Goodfellow (1992), Walker and Rosendahl (1989), Head and Rosendahl (1993), McGerty and Spear (2000), and Haun and Henry (2001a). Nearly all of the age determination results produced multiple age ranges or long single age ranges between the 1600s and 1950.When all potential age ranges are examined six ranges span the 1400s, eight include the 1500s, and twenty-two each include the 15th through 19th centuries. The results indicate initial use of the area in the 1400s followed by a gradual increase during the 15th century. The most intensive use dates to the 1600s to early historic period. Davis (1977) and Cordy (1985) utilized three environmental zones to characterize settlement patterns in O'oma and Kalaoa: (a)the Coastal Zone from sea level to 20 ft elevation within 150 ft of the shoreline, (b) the Barren or Transitional Zone from 20 ft to 430 ft elevation, and (c) the Upland Forest Zone from 430 ft to 3,400 ft elevation. Permanent and temporary habitation sites are present in the Coastal Zone along with burials, holua slides, petroglyphs, saltpans, fishponds, refuge caves, and ritual sites including heiau and shrines. Sites in the Barren Zone primarily consist of trails linking the coast to the inland agricultural fields and temporary habitation sites. Upland Forest Zone sites include permanent and temporary Haun &Associates Report No. 928-0111161 16 = 0 GOD 0 1=Rosendahl and Kirth(1975),Rogersdourdane(1978) 12 Walker and Rosendahl(1989) 24=Roberts and Roberts(2000) Gla k(1964).Cordy(1986a) 13=A1,Rosendaill(1989) 25-Bonk(1908A,1996b,.'2000) 2=Barrera 11974) 0 200Dm 3=Donk(1479) 14=Wa1kerandRasendanl(1990a) Haunand Henry(2001b) fi 15=Walker and Rosendahl(199Ut) 26=Ham and Henry(20010) D 4=Rasendahl(1980) u) Contour Interval 400= feet 77. andHHenry(7007a) H F 5.5oehren(198'21 16=Dowden and Graves(1992) aan 6=Barrera(1985a),Cordy(1986b),Denham(19:77) 1.7,Barrera(1992,1995a) 28=Haul)and Henry(7002b) r) 7=Soehren 1985 m ( ) 16=Henry and Graves(1993) 29=Haul and Henry(20133) .-r ®7 8=Barrera(1987a) rp I t 9=Barrera(1987b) 19.Walsh and Hamrnatt(199) 30-nethtnlan(2006) u+ j �' 10=Walker and Haan(1987,ion) 20.Barrera)1995b),:MtGertgand Spear(20001 ( ' \rt 11�-7eleaand Roscndahl(1987), 21=Droletand Sthilt(1995) O a rc '1(1; Walker and Roseridahl(199Ubj, 22-Ra'rera(1997) To i k Thompson and Goodfelow(1992) 23-Moore,Maigret and Kennedy(19981 ,-, ,4*::`)` 1 de, h X11+ I co Y�r. Si 1 -,_ IL Head and Rotefdahl(1993) +- Barrera(1985b and 1989) _� 1 j ) I�S: i - Ching and Rosendah(1968), ,,� l��)I . rt - - _ HammattaFolk(1960) Rosendel ,; ` EI___ �` , _... .-'. ! i ',Mendell(1973) n'd ' . ' :!� II L 3 '�1 r+I._---� ^^- '� 1 - ) -.` Davis(1972) - Henry,Goodkllowand MalY(19931 Keahole ,',/„.,/' I) if`— ► 1 41 - —I 1 --I _•,�` -•� • Point 'J l( (+ I f 1 `Y ,_ —.1 i _ _ li v 1.'!•''.`".1 Airport ll$-i- 19F- i„1-4: -..' '•� .:>1 - r HamanaMaria� -- - =',, ---- lr i- ' 1 .°. ? n�'7 1,!..-../..r I,• Kalaca 1-4-/1' 2 ■, 1 O 24 •-f.,,,,-}f, I + a,+, +*- I, ! +t- ~ -....p...._.)� 22 �l�llllll`j IIr�.LJ r + r-2 , •'i '• v--7.,-_-1---_-_1 -- Kal_aaa 5 %''_� !�� ;‘,..,4_,-'151- ' 20 1�1 + li I / r � t- t l} + +,=+.'F r- :_ -.' I �4 � 1 — Project area O r - • 1 P, Imo+ I 0"oma 1. ,- --T. '('-,261:,./ ;5 !` H O v ","4• "• .../2//:i ."/,'....-:„N + - .I .�: . _ . i1 . . . 44 y`� i-,;,.-",„,.,,_ ___� ,` — 541 77 f/�,r +R • 11 r : _- w o µ /f .,f 6'' /, ' = \ N'_ O,ama 2 { 1 21.-;( \ L_�}'- 1-, r i%r'r _�'jy \� , -:1- - - - - - - - - - 4i i\ per''-^•�, 1400 I. W Jr ','`� f f....... ... ............ ....... •. 1 I,� �-'_L Hawaii Belt Road O v'` /; .�- Y I]�11.1t T L-f1T7C,4 illy" limo v. a € r 1 `, l =.\1sr, is O moi, - rn !,J- i I\I�T` X00 13 f S ` v_+.1 -, 600 In <,,, Queen<a'abumanu Higl Wav Figure 11.Previous archaeological work Table 2.Previous archaeological work study,. Elevation Area-. Total •Sites/ Total Feas/ ,Hab Hab - perm Temp Ag Fear/ Burial Wtual " t` Misc/-,` Historic ,- Land Few/ A Feas'x Asa Type•, (feet} (ac) 'sites nacre feas acre- Fees' - ./ `Hatt Fear Halt Fees 8 ache x �F`eas 1Fea5' ,Traile fAhu Rock art Intlet.� Feas`•: S " ., N Moore,Maigret and Kennedy(1998) Kalaoa 4IN 0-10 4.21 1 0.24 1 0.24 1 0- 7 Rosendahl and Kirch(1975),Rosendahl(1980) Kalaoa RN 0-20 314 14 0.04 52 0.17 39 0.12 2 1 8 2 820 Rogers-Jourdane(1978) Kalaoa RN 0-20 22.5 6 0.27 7 0.31 2 0.09 3 1 D el Clark(1984,Cordy(1986a),Roberts and Roberts 0 (2000) Kalaoa RN/DR 0-20 320 12 0.04 20 0.06 7 0.02 4 1 8 o Barrera(1985,Cordy(19866),Donham(1987) Ooma 2 RN 0-40 314 74 0.24 279 0.89 126 0.40 34 74 7 9 2 1 126 6 CO. (D Barrera(1985,1989) Ka Ooma nd RN/DR 0-120 450 42 0.09 64 0.13 31 0.07 2 31 Bonk(1979) Kalaoa RN 10-20 75 1 0.01 1 0.01 1 O (D Barrera(1979) Kalaoa RN 10-20 5 2 0.40 13 2.60 13 2.60 n mk Barrera(1987a) Kalaoa RN 10-20 51 2 0.04 12 0.24 7 0.14 4 0.08 1 VD IV Barrera(1987b) Kau-Ooma RN 10-20 355 6 0.02 8 0.02 3 0.01 1 1 3 CO - Walsh and Hammatt(1995) Keahuolu- IN 40-140 15 3 0.20 8 0.53 4 0.27 4 2 2 Kalaoa 4 Henry and Graves(1993) Keahuolu- IN 80-160 25.8 11 0.43 11 0.43 2 0.08 4 0.16 2 2 1 Kalaoa M.Rosendahl(1989) Ooma 2 IN 110-700 60 4 0.07 9 0.15 3 1 3 2 • Henry,Goodfellow and Maly(1993) Makaula- AS 120-840 2640 42 0.02 324 0.12 23 0.01 284 0.11 1 3 3 2 5 3 O'oma 2 • Davis(1977) Kalaoa 1-Ooma RN 121-800 915 22 0.02 54 0.06 23 0.03 8 15 24 5 2 - - I Ooma and a) Hammatt and Folk(1980) RN/EX 160-380 370 18 0.05 18 0.05 15 0.04 1 1 1 - C Kalaoa Dowden and Graves(1992) Kalaoa 1-4 IN 200-230 15 4 0.27 7 0.47 7 D Walker and Rosendahl(1989) Kalaoa 5 IN 350-840 140 34 0.24 84 0.60 49 0.35 4 0.03 4 2 5 2 15 3 N Haun and Henry(2002a) Ooma 1 IN 380-460 50 17 0.34 186 3.72 24 0.48 24 133 2.66 1 4 6 15 3 N 0 n Head and Rosendahl(1993) Makaula- IN 400-600 500 43 0.09 3388 6,78 205 0.41 213 3080 6.16 3 2 12 6 7 64 1 a) Kalaoa 4 mi- CD +fD Walker and Rosendahl(1990a) Ooma 2 IN 680-720 17.8 13 0.73 28 1.57 9 0.51 13 0.73 1 1 2 1 1 V) _ 70 Drolet and Schilz(1995) Ooma 2 IN 730-960 8.8 29 3.30 41 4.66 9 1.02 9 26 2.95 3 fD -6 Barrera(1997) Kalaoa IN 810-930 10.3 8 0.78 10 0.97 3 0.29 1 4 2 O , .---s- Walker and Haun(1987,1988) Kalaoa 4 DR 840-1020 5.6 4 0.71 23 4.11 6 1.07 15 2.68 1 1 Z Soehren(1985) Kalaoa 4 RN 950-1240 38.5 3 0.08 3 0.08 1 2 O Haun and Henry(20026) Kalaoa 4 IN 920-1045 9 6 0.67 15 1.67 10 1.11 5 W CO Haun and Henry(2001a) Ooma 1 IN 1000-1180 18 17 0.94 77 4.28 24 1.33 3 21 45 2.50 2 2 IV 4 Q Walker and Rosendahl(1990c) Kalaoa 4 IN 1040-1240 6.4 7 1.09 12 1.88 4 0.63 5 0.78 1 2 J Telea and Rosendahl 1987 Walker and W N ( ), O I---, Rosendahl(19906),Thompson and Goodfellow Kalaoa 4 RN/IN/DR 1040-1240 6.6 7 1.06 12 1.82 3 0.45 5 0.76 2 2 O I--, (1992) U I CE) Soehren(1982) Kalaoa 4 RN 1050-1100 6.8 2 0.29 2 0.29 2 O Ln 00 Bonk(1998a,19986,2000),Haun and Henry (20016) Ooma 1 RN/EXIN 1080-1200 5.9 13 2.20 46 7.80 7 1.19 6 1 30 5.08 1 2 6 Barrera(1995b),McGerty and Spear(2000) Kalaoa IN 1380-1520 6 12 2.00 54 9.00 20 3.33 2 18 28 4,67 2 1 1 2 Recthman(2006) Kalaoa 5 AS 1690-1920 5.93 0 0.00 0 0.00 Barrera(1992,1995a) Kalaoa IN/DR 1775-1880 3 5 1.67 54 18.00 50 16.67 1 3 "u,.§ 4 ,'t) * ,. ki.:.` X : e iae'lriige. il .. ki.':6790.11,:`,6184';..:,:';f1.55zt, 49234';?•2:17/ua l';',1-<-7.450:, -:0.6r4 ';?53 'WINS .3 l IOW SRN HIM OfflYnii •RN=Reconnaissance Survey,IN=Inventory Survey,EX=excavation project,DR=Data Recovery,AS=Assessment Haun &Associates Project 928 TMK: (3) 7-3-005:015 habitations and agricultural features, primarily modified outcrops, mounds, and excavated depressions. Refuge caves are reported by Walker and Rosendahl (1990b), Head and Rosendahl (1993) and Haun and Henry (2002a). Soehren (1982) identified a possible heiau and Head and Rosendahl (1993) assigned a ceremonial function to an enclosure in a lava tube. Petroglyphs and burials have also been identified at upland sites. Cordy(1985) argues that the prehistoric population of O'oma and Kalaoa was never more than about 100 people. He suggests that there were small fishing settlements along the coast, such as those reported by Ellis (1963) and scattered residences and agricultural fields inland. By the 1800s, most settlement was inland. Consultation Henry et al. (1993) cite John W. H. I. Kihe's recollections about the Kekaha region between 1870 and the early 1920s. According to Mr. Kihe, there were many residents in Kalaoa in the 1870s, but by 1924 none were left. Henry et al. (1993) cite oral interviews with two Kalaoa residents. One informant indicated that in the 1920s the land was much less vegetated. Her mother planted lauhala that was used for weaving. The other informant remembered taro, coffee, and avocados being grown. Cultivation required clearing stones from the soil and piling the stones in mounds. During and subsequent to Mr. Stewart's acquisition of the property, he had oral and written communication with the previous landowner Norman Keanaaina regarding past land use. The land was passed down from the original grantees Kaakau and Kamaka Kama through Malaea Keanaaina and has been used by his family for more than 100 years. Mr. Keanaaina grew up in a two story house across the street (Mamalahoa Highway) on the south side of Matsuyama Store. The family used the project area as an agricultural farm and for pasture. The neighbors were Reverend Abraham Akaka to the north and Mr.Sasaki to the south. Mr. Keanaaina indicated that there were no family burials on the property. The family's grave site has been Mauna Ziona Cemetery at the Kekaha Protestant Church since 1830. During the fieldwork, a family (Sasaki?) member from a residence on the south side of the property provided information concerning a wall remnant (Site 29191) along the inland boundary of the project area. The wall was formerly intact, but much of it was disturbed during roadway improvements to the highway(Mamalahoa/Hawaii Belt Road). Project Expectations The project area is situated in the lower Upland Forest Zone as defined by Davis(1977) and Cordy(1985). Prehistoric use of the project area is potentially represented by scattered temporary and permanent habitation sites associated with agricultural features. The agricultural features consist of informal fields with scattered modified outcrops, mounds, and depressions. Trails link the inland habitation and agricultural areas with the coast. Refuge caves, burials, and ritual sites are also potentially present. Chronologically, sites may have been used as early as the 1400s, with the most extensive period of use occurring between the 1600s and early historic period. In the early to mid-1800s, LCA claims indicate settlement and cultivation between 1,100 and 1,300 ft elevation.Taro and sweet potatoes are the only crops specifically mentioned in the LCA testimony. By the mid-1800s to early 1900s, sites associated with ranching and commercial cultivation of coffee are expected. Ranching and agricultural activity would be evidenced by stone walls, corrals, and scattered habitation sites. Haun & Associates Report No. 928-011116 19 Haun &Associates Project 928 TMK: (3) 7-3-005:015 FINDINGS The inventory survey identified seven sites with 36 features. The sites consist of four single feature sites, two sites with two features and a complex of 28 agricultural features.The features consist of 24 mounds, 4 kua'iwi, 3 enclosures, 3 walls, 1 lava tube and 1 terrace. Feature functions are agriculture(29), livestock control (5), habitation/activity area (1) and temporary habitation (1). The sites are summarized in Table 3 and their locations are presented in Figure 12. Table 3.Summary of identified sites Formal type Function a 2 SIHP Site Type Function No. of -03 N _ a 8 '5o .3 = Temporary number Age Features S o 1 @ t Q L., Field Number Y c m m N 5 m -� > on T 2 29789 Lava tube Temporary habitation Prehistoric 1 1 1 6 29790 Enclosure Agriculture Prehistoric 1 1 1 8 29791 Wall Livestock control Historic 1 1 1 17 29792 Complex Livestock control Historic 2 2 2 23 29793 Complex Livestock control Historic 2 2 2 25, 26 29794 Terrace Habitation/activity area Prehistoric 1 1 1 29 29795 Complex Agriculture Historic 28 24 4 28 See Table 4 Totals 36 24 4 3 3: 1 1 29 '5 1 1 Subsurface testing was conducted in three locations. One test unit (TU-3) was excavated in the surface of a habitation/activity area terrace (Site 29794). The results of this unit are presented in the Site 29794 discussion below.Another test unit was excavated in the forested area in the southwestern portion of the project area (TU-1) and one was in the recently cleared area in the inland portion (TU-2). These units are discussed in the additional subsurface testing section below. The survey also identified a small, non-cultural lava blister located in the inland portion of the project area in the area (see Figure 12). This blister was carefully examined during the project and no evidence of cultural modification or use is present. Site 29789 is a lava tube located in the east-central portion of the project area at elevations ranging from approximately 1,585 to 1,590 ft. The lava tube entrance is located along the western side of a small oval-shaped sinkhole that is 1.75 m long (north-south), 0.75 m wide and 1.5 m in depth below the surrounding ground surface (Figure 13). The depression floor is rubble filled and there is a 0.8 m wide by 0.4 m high opening on to the western side that leads to the interior of the tube. A stacked cobble and small boulder retaining wall is located on the eastern side of the sinkhole, built to prevent stones from falling into the lava tube entrance. The tube extends to the east and west from the entrance. The western side is a linear chamber that is 11.4 m long(east-northeast by west-southwest), 1.3 to 2.5 m wide with ceiling heights ranging from 0.5 to 1.85 m. The floor is bare lava and there are areas of roof fall present to the west of the entrance and along the southern wall. Scattered fragments of charcoal and kukui nut shells are present on the floor. There are two short passages located at the west end of this chamber;one extending to the west Haun &Associates Report No. 928-011116120 I v --- i 0 180 feel + C A-AB-Agricultural feature of Site 29795 - 4, -- Immo.. ( Site number pre-fixed by 50-10-2R- -- - —_ �4 0 KO meters I Z D �. ' _,� cin Contour interval=40 ft ----�— —_ + ._ _ Excavator `~--�_ L_ 44 4 --J v' rr -22.1 Kuaiwi ��._ �— v O i '',,` — CCD \ 1 '' \ I l0 Y9793 , 41 `: i n `---•_ , i I Co i I Recently clearedarea I Project area boundary 1 44 II 1 r /. r / r l:),ryr �, :24792.. . .. ,r t . ;• i /: ! ' / .A/ ✓ '/ r // '♦ i ! 4r+ I ✓ r/ / r t� t; ! /: ! ? ! � / 29791 / i N ' t4 jY2YY r / /.••`- �f_: -� ;'ke.P3 r, ~/ 1 ' r - .' / / �.` •" a •r Q %�5 / '� I r / / - C. "3. � .r •_ y. G 'L / /.y__� 4-.rr i r 4 4//L 29791. I S2o /„ /. r e :K / _:1------ �r� ' d ,1 ,,Non-cultural �-4-"---.:__.•__L_- /// • •,- . _ D ''; -e . F - - `•Y... lava blister , / r y; v `� d i TU 1 v+ low mound of r _ Tu=2 s V ./ U r v+ - .... Forested area F+ , _machine-piled boulders % - _ .rim.•, pli I h�s8+ On - -- _ - --� __ 297R9 29790 In :'`\ CD -- ihumoe Street - - - - z.fit f �1 � O1,1_,,,,,_,, i I r I 4 �I Modern I \ —i z Area disturbed by'adjacent landowner mortared I '1 E o + wall \ + 5 r+ I 1 1 r `n.° i I I I co r 4 Hawaii Belt Road-— I -..l O 1520 1560 1600 i 1690 ! ex) N O 1� u9 cn O N Figure 12.Site location map N 1-, u' '-':••:_,-0 „ ;,-„sfy. , .. ‘•,-, N., - , 5,.P .?t-..2., :4%. ,,-,,-it --- -- co ',i ” _ ,..../.. .., '''',;"::,.;.i,ir",.:,,,4„.1,34$4.-41:7,1T-4 11 ,.1.,... t.; 4,4/:* i,.`> .-:9.-,.,,----,,,, /le'i; ,,P7-,-tr'''...1,'.1',,, ,,Veil,A-.10E:N(iim' ' -'-''''',. ,?-4.44-`:,-1-7 „ ,,,,,,z. -_,. -''''''"I'''..3,'*, '''' ' • •.,..-;\ • - "'c-olorTe' -),,,t1*- ,,",,, ir •-• ' 1(, ' .-4--,..= -To, , , % ,,, -Iv,;;;;;,-„,:lta--. flt;•,•i "*.r.eit , . .1 ., = -, ....„„11---.0`- 4-1-,,,,a-Viir::,-_„.,:,;,,, ) 21.. ,),...,...f.c7-.,-vs.'.•r :;4, 4kr:1:1,,e, ,,,1.,,,•,.,•,t,6,,,x,J.,,,,i,,N,,'..,,,'4...,,,,, ,*,,,41 1 - . , .: fi',ty,'..4ikt„,. #1,,,,..„.„.„ 1,,,,,,,,p,, .xi,',Art, ,i'lj K..:,,tgil„,-th,,.., , •-,4'. „,,— ,- Interior of lava tube 't-,i'_rt. ,,,,,,-. Roof fall (13).Height In meters -‘ Slope direction a 9° > vi tn n — \-- likr"KZ 1,rd : '"c;;;•'•,`..''.,• ''',g,,Z,,.,"';'.41:$11.. .',r-.• .:' ' C=Charcoal co g-+ . '':'t. ,1 '' ':*#-^k..A#X t ''---''': '-'74474,4, -f-i•tgre#,I.'', '414 K=Kukui nut shell rD v, ',.i,t prf.•„,- 4,,...,, ,i .. ,(•,i, ;...,.1",..014.1 , ”';., ,i 4 - ""...p„,!,,,,,,,,,,, , .J.:4 y„4.1-",,,,,,*-,• J. ... „...,, 4,,,.,,,,,,, RK=Burned ktikul nut shell g , ;',".;.,,;#1--- - ,' "".:17,1",t,•,-, , r.lpf ,' ..,1_,'.,..,,J. „ ,...A' ,,,t' ' , Ail 3 4 " " . 4 -- •••- ,t,.12 ' .„.4...,....4A-, , , :4'%-, fic ,,- ',.,..',,t ..g2^ —. r-) - .".. ry - f r. • • 1 ' " ' '- '' ' '. v).25) .,, , Bare lava floor Co ' •A" , -,- , -- .. ',. 1 C/' :'_J- - Co" g, 1 t ,,,>=-4-_-,... .., IA,...,... • '' •,, ', -11"r-1-•-: ' '' '...4''':',*'-4" . . ' •', ,k` ,,/" V• •-•-••. '' '''.4:-/, "' t V-71-r-4-1-----,- ' •;.,;--7,,,. -4-'.r--*, -, 1.--,7,1:-4- ---"'.',•-.1. ' h ,,,,,x ,.-.' e 9 (1.0) -,-4:-..g.-,,'.--:•.: 1 ,.../. '.' ;. . '':'-' sit 'A-J. .1P6e,f••• - , 'i .' " -' - ,,,.... ',,,,Je i'..- --.( e.,,f,. .!....' .-.'e'r'.1-.k. -. C ' ' t-1 :___.L... ' - Vertir.a I entrance ....,-?-"' 0.5) (1,1 m deep) Datum.1111. ,....) .-1,,, _7.3s..,_". 2_,,,,,;:. ,.i.:.::.,_ 2 i Entrance to lava tube,view to WPSt •/ c B are lava floor -, , ,- Seed pod.J,.,z,..,'-2,,,;,,, ,,_„,_:.."--- - ---L CE".."-'-'7::, :--.-- is' I ,,,.. :L''''- ,ar' F' r , ,- . 3-,),t 7. ,- > F ,.- ''4,-J •4,./-;' A-,''''-' ',.-r",-•-'"t- c.---':'/' 71 Bare lava floor tr, , •Ilk:4-7 .5-21.1id 14-.•l-' • Jer'".;`-1-4.•":. in 4 ,.....„-L.,,,,2„,,,,,,,,,(,4,),„,f,-, C) . 1 ''v,' K'',4r-c:)....:,•,'!",..P;041',P;)7: i.1-•.' ---:1,----•'' ./›.' ••.• ,..,.1 ...-c-,1---.,_'- .'-'.4. c •-(r-..i.,:2•-•;:s,;.-F. ) .,. ,..,„ •;.4'''' ‘..-', ...5".5.!,:z-17";:,-.:.• (I) cn i ::-.., ---‘.--1 -`-,..-,-,4,,, ( (3.21 ,,... `Nz.- 'I- ---,.+1..',7-`- ..:--.1c f'-'••''''5) ,..„,-,---" , .0 -41 :...-.`2.Z ..-•< *`" • (9 2 re '• -0 g ;,i (1.1) ,'--",g•:::,,„'g .K --ct,•-•' 0,6) 'c .4e-;.,,-;,.,.,"„.:,,.g.-.-,-. .'''(0.3) -;)' 0 •-s 1 .../ (o.7) . c .-:-.....---. c—_. t'{0 5) '', r-:-,,- ,A, . --.,..,..., c „ •,- Stacked stone retaining wall i (1.85) +... -,-"‘ --- ',.. K #K' '''"'- on side of sinkhole g {A-Y 0.4 .1 --••-g--A-," ''',,-- "-- tr O g ,g, 7 ';'''',-,,,„„„ % •AS'..;.7 Cl ->') (0.91} NJ ;''. i ,,..e.--. "''-'17.'7,777....:,„.-.-•:- - / ,',',.. \ '' (0.16) '., .-5 S — U.) Co i O i ..)." \\/ Bare lava floor ..' ." .. ,. -.I i-t # -"" te 0 13.5 feet ' UJ 4/A10.2.),..:k< ,-- .... ------- m.---- 1111 IIIMMON • cS Inaccessible passage .,)'. ,,,e!'' 0 meters 4.S 0 VI a) 1 .11 t 4 / 6 N.) i .I .:- i--, N) ! i' /' u-i '''-r 1 f ....., ,,,,,, ,,,,,,,,..". VPI.RMIWA04,1,..,,,r5}4.,...,,I.PShirMeil,,,,,`",,....^..5.,•,,..- Figure 13. Site 29789 plan map and photograph Haun &Associates Project 928 TMK: (3) 7-3-005:015 (1.35 m long, 0.85 m wide and 0.2 m high) and one to the southwest (5.0 m long, 0.75 m wide and 0.2 to 0.3 m in height). No cultural remains are present in these chambers. A passage extends off the south wall of the western chamber.This passage is 2.25 m long and opens to a small chamber that is 1.75 m long(northwest by southeast), 1.25 m wide, and 0.9 m in height.The floor in this small chamber is bare lava with scattered kukui nut shells. Narrow passages extend to the southwest and northeast from the small chamber. The passage to the southwest, with a ceiling height of only 0.16 m, is inaccessible. Observations from the entrance indicate that it is at least 1.7 m long and 0.35 m wide with no cultural remains. The passage to the northeast is 2.4 m long and 0.25 to 0.65 m wide with ceiling heights that range from 0.2 to 0.3 m. The northeast end of this passage is also inaccessible, but observations from the northeast end indicate that it connects with the eastern side of the main lava tube. The eastern side of the lava tube is accessed through a passage between the northern wall of the tube and the rubble filled entrance. This eastern passage extends 6.4 m to the northeast then angles to the southeast for 3.0 m where it terminates. The passage is 1.0 to 1.8 m wide with a bare lava floor and ceiling heights that range from 0.5 to 1.22 m.Areas of roof fall are present along the south wall and at the eastern end. A fragment of burned kukui nut shell is present on the floor in the western portion of the tube and scattered unburned kukui nut shells are present on the floor at the eastern end. A narrow side tube extends off the north wall of the eastern chamber.This passage is 2.75 m long, 0.75 m wide with ceiling heights that range from 0.25 to 0.5 m. The floor is bare lava and no cultural remains are present. Site 29789 is interpreted as a pre-contact and/or early post-contact temporary habitation shelter based on its formal type and the presence of cultural remains. The entrance was altered by the recent ground altering disturbance. The site is in fair to good condition. It is assessed as significant per HAR §13-284-6 under Criteria d(information content). Site 29790 is the disturbed remnant of an enclosure located in the inland portion of the project area at approximately 1,600 ft elevation. The terrain slopes slightly to the west and contains scattered Christmas berry trees (Figure 14). The site is located outside the area that was recently cleared; however the southern end of the structure was previously destroyed by activities likely associated with construction on an adjacent lot,which has encroached into the present project area (see Figure 12). The site is currently comprised of a U-shaped enclosure that is 18.7 m in length (east-west) and 11.6 m in width, open to the south. The enclosure walls are built of cobbles and small boulders, ranging in width from 1.0 to 1.8 m and in height from 0.3 to 1.3 m. The northern portion of the wall is roughly piled cobbles and small boulders with the remainder consisting of stacked and roughly piled stones. A remnant stacked section is located along the interior side of the eastern wall. The interior surface of the enclosure is comprised of level soil with no cultural remains present. Site 29790 is interpreted as the remnant of a possible pre-contact and/or early post-contact garden enclosure. This is based on its generally informal construction, the level soil interior and its large area (216.9 sq m).The site is altered and in poor to fair condition. It is assessed as significant per HAR §13-284- 6 under Criteria d(information content). Site 29791 is the remnant of a stone wall located in the inland portion of the project area at approximately 1,635 ft elevation in the recently cleared portion of the project area.The wall is located 3.0 to 4.0 m west of a modern mortared stone, seaward of the Hawaii Belt Road (Figure 15).The Haun & Associates Report No. 928-011116123 — — _ .:\,.. ,',i7..*' ,I• '4..ii4'._...,_ 7':ii 1::( ::, ,..:f.. l V::..„:el f-- ::4,t.,4 4-;::::::,411,i..::::74 1 r2 ocC 1) s s , k ,......xle. / - - m 5 _may:• _ 7 �".�" I � - t` '+4 1.t'may_ J ^4 CD O 9B.Ofeet - I lr—' 2,,,,_.,_..1 _ �Slight slope slope ._`�dt I \'''!4r v o 6.0 motors 1 —ma0+, �"--+rK� 1k Fp' 4 '.4., - */'. ''- . A r ''''', L•,774'-., - 1.J ' lO :L.,.....„.••••••••rr''''''t * �t � * 1t p 1 (03) t.- ., r`,.� �� , l 7 0 '' °gyp" _ (PIP `L) tai '!,7 CiC) t; �_-,5...--5,....;.---, 'ft+r y/k a_ OM, It 1 `,. ;'1� -• ) j_�_- �r`r .11� L ,Jj� `i :`"i ' Enclosure wall,view to northeast � �' ,Datum D tgo i k,j I--� ii 4.� }6) --.{0.5) R f Portion of enclosure + • ),fir-T }J depicted in photograph -- — )r (0.4) 'E S��cl f�). (0.9)--ta ) • `�°, r,� r_ ---4-5., (1.2} ;.,:i4..„ - Level soil with scattered stones . `` 407- k.,,,, �- �)' (�� —Slightslope z ,l. 0 lN. . tom-,j.-.1��1,— I E o t `Coj }7!�fl) 7C v ' n) O _\ (1.1}- - ..) ') slope direction w 1-1 .' 90711:7— , (0.4) l�C��.kr Collapsecn o� fv r Area disturbed by construction on neighboring lot `--��_, k�'`�j ,�1-f� t-� p — "- . -s. ----' (0.3)=Height in meters u-i Christmas berry Figure 14.Site 29790 plan map and photograph Haun & Associates Project 928 TMK: (3) 7-3-005:015 4 II ' 1 � i (� (� ��- IIr _` r � ) 1_t )-J�y, y —"I i e !,..4_(,%'-.--(,---(---!_ { L3 , ) , \�) J{0.5) Project boundary ) r t ,I`, -r,( i`cJ ) v; )-:4-:-.,---;17-7.. F{' f Y:,- •1 �((---,:-.i .,'.}, .'a��� , )-• r (0.5)--,..___ I.1; 1.',.., I ( -)� I J)I-`, I J ) F + t --i'- c`f ,. Lx-,.l;'•( (-t-1 i I 1 .) j —Slight slope — I ( f , . tr. -Modern mortared I I { (•r .. t I,,,, .J:. 1 I stone wall ) I t sL -?'.., • ;�; , .. �,1 f .�t A.}Ill^( ( r'If_-1)-1r'if')'") I I 1 '-I (:r )x}'11;-, IrKgy 1 + ;(r.;_r t;(tet':, •� '%-.` �' + �{ r'( :- ( r )',`` 1 -) t�� 1 i I(;1., �C (`(' r) 1 "-�''I-r)-,, ,),j '� Slope below road r ( ' � .h 1 ) �j ' ., j -= 1 f I �r t It ) I •.1, f,= ti-f.-:,_,(4`.., ' .i y `)''' ) ) j' t,� I j f , t tiTh l Y.;"' t� j,.)r t I Hawaii Belt Road Portion of wall<< !N ` t I ) ).5)) 0 f depicted in.,,o..•I . �;"-.7,-`"?(- --,.,�,� ) photograph ( - _1-'(:),.,,,_„.....)' - I + x .. z, 5- 1,. ,,,. , �r—)�•:,' t 1, ) J)j' ,�_It- f , 1( -. L1 ''-f `,-- ` )�� -' ), -) I I (- :r (- r.. 1" '�1', 7..,. —Datum v- r, I, `l ,_.,tet �...•_'�� ,r , ,) r.; Continues ) I L.% �k`l,t,t�-^-t '-}- -`=''--<_!,,,2.). I -'r, ;�• �,� V Wall remnan4,view In east t I '1 ` 1,:-%rye - f tKrt (0.95} �. r :. -. 'A1k.Z2a?w?vy,.�`'t ikt r 1"� 1a. • '..11_.(t"-:- 1 11 'YS1,. Slight slope (1.1) • �?1," 0 13,5 feet 11.,! 1,,k.a' ! ' 1 . ir�a L� Gr' , 0 1.5 meters Y fc � Slope direction s J ' f ''`''':,;i. r M "' -tib Berm of soil and stones �� s- ` " ` (0.5)=Height in rnelers '4 .:4 -' f,LIC 4.r% 4 Al }� - Faced side r 1 . :.Yr $,'--,-".:-. ' ,r hkr�.a, �--\ .0 -- t•�- Figure 15.Site 29791 plan map and photograph Haun &Associates Report No. 928-011116125 Haun &Associates Project 928 TMK: (3) 7-3-005:015 wall is mostly collapsed, occupying an area 18.5 m long (north-south), 4.6 to 6.3 m wide. The collapsed areas range in height from 0.5 to 0.6 m in height. A relatively intact portion of the wall is located at the southern end of the site, with faced sides and a core-filled interior. This intact section is 2.9 m long (north-south), 1.2 to 1.3 m wide and 0.7 to 1.1 m in height. No cultural remains are present. The landowner of the adjacent parcel on the south of the project area indicated that the wall was intact prior to the construction of the adjacent Hawaii Belt Road.The wall was disturbed during the road construction activity. Site 29791 is interpreted as the disturbed remnant of a livestock control wall used to restrict the movement of cattle.This is based on comments from a local resident, its formal type, height,and method of construction.The wall has been impacted by the recent disturbance to the project area, and potentially by the construction of the mortared stone wall and roadway. The north and south ends of the wall may have also been previously disturbed by construction activities in the adjacent lots. The wall is altered and in poor condition. It is assessed as significant per HAR§13-284-6 under Criteria d (information content). Site 29792 is an L-shaped wall situated in the northern portion of the project area. The wall originates adjacent to the inland project area boundary at approximately 1,620 ft elevation (see Figure 11). It extends downslope to the west-northwest for 138 m, then angles to the south-southwest for 21 m where it terminates at approximately 1,565 ft elevation. The inland end of the wall likely once continued to the east into the adjacent parcel, although this portion has been destroyed. The wall is constructed of stacked and faced cobbles and small boulders with a core-filled cobble interior (Figure 16). It varies in width from 0.9 to 1.2 m and in height from 0.7 to 1.1 m. Portions of the wall have collapsed or have been impacted by the recent disturbance to the project area. The wall has been breached at its seaward end by the excavator used to flail the project area. No cultural remains are present. Site 29792 is interpreted as a livestock control feature used to restrict the movement of cattle. This interpretation is based on its height and method of construction. The wall has been altered though the majority of it is in good condition. It is assessed as significant per HAR §13-284-6 under Criteria d (information content). Site 29793 is a complex of two large enclosures located in the seaward portion of the project area at approximately 1,510 to 1,525 ft elevation. Both of the enclosures were impacted by the recent disturbance to the project area (Figure 17). The Feature A enclosure is situated at the northern end of the site, adjacent to the northern project area boundary. The east and south sides of the enclosure remain, indicating that the structure measured at least 30.0 m long (east-west) and 12.5 m wide. The northern side of the enclosure has been mostly destroyed, likely during construction within the adjacent lot, and currently consists of a pile of cobbles and small boulders that is 8.0 m long(east-west), 3.2 m wide and 2.2 m in height.The western side of the enclosure is open. The extant south and east walls are constructed of roughly stacked and piled cobbles and small boulders that vary in in width from 0.9 to 1.2 m and in height from 0.4 to 1.0 m (Figure 18). Portions of these walls have collapsed and the marks from a tracked excavator extend through the center of the feature, exiting at the southeastern corner. The interior floor of the enclosure slopes gently to moderately to the west and is comprised of soil covered in a thick mat of mulch. No cultural remains are present. Haun &Associates Report No. 928-011116 26 v C + _ I, Slope direction 2 rto ,r _ ..4�;• Collapse I Portion of wall depicted in plan map p (0.31=Height in meters r1 Er; ` r Faced side ro v ,; O Ir-i • Mulch covered soil '* "' Datum N ii/ (0:9) I -ter Co , r i::4 .7:',,x,. 7 �. Ti / Excavator •/,'•, tracks j, (0.85) 4 �,� ?�` � (1.1) . ..„,.., CUtire, (0.9) rCantinues Portion wall depicted0 Stacked and faced wall,view to east-southeast in photograph `•. , r xr �, 3 , :,. of -, , ' r, . �• Mulch covered soil -- :1: 1 1," t: s' r " v, Je t ', ,'' , ,, ..- .ct , I k t (1.1) IA k _' `O (0:75)Z , 4. ".. O 7C N kcr � N W O N,,,-/ e yr ) Frn �5 �‘ � 1' ''. u ` ; G I—+ S ,xi,,•,..- it e . O Q�l 0 _. - 27.0 tee: •-•-moi a'^" Le"��� �- x_7 9sn....,_ �s� 1—r;+ r N 0 9 mr_irrs x r s- ./ ' t a Figure 16.Site 29792 plan map and photograph Haun &Associates Project 928 TMK: (3) 7-3-005:015 Project area boundary Back yard of adjacent house 4. " )'�ro , tV4:' `x(2.2) ila -,,,....,. ..so-,, 4.0)- 21.. 1.0) 0,y1'''"11)1(11II11111111I Il l 11111111R11 ilth il',INI';llll'll';IIII:IPW) '°4 Sloping soil covered in mulch "ii'/1/4.. ,, i,,',t1" i( 111 1111 1111' I11111.iH101I11101:lllll'ili;utli ,;,, 47--(0.7) 10,%'1ii`,`•51, ' Mlle! f`2/-, 4 f Portion of .�\1; "f1/111,., "%'�,` ` ,r Feature Feature A r"!'/'%I,,•; te• t: _shown in =r,is ,, . -s Figure 13 ',;` ,,::, photograph 4:4- - le v. � ,r I � t�- • J!r�g, j�.f ' Vxfi %y ri4e _t..� � , .:-.--4-:?...) i:i-i .•i- /4,-,;.(j. s I ris`.,v,i 4- ''----' � asSrX " Z , s , .: y, /,. ;sem j% •-1 a . ,� r6 .i "(D.8) ter• (0.8 --,,.7.7Yr ( . ) . e, ;' Dauro,74te Jf;jc 'a r •a• • %ii; .....;,,;\,' mr..- 0.55 -.77/05,,,,,,--,,,,,,,,A Pre.'` ;.'tr'•"t0.6i 1. ,4 ..(0.45) • : 0114 d .44 s,1t,eP v-wkp " (0.7) 4 �'Ix". (1.2I t t "rJ' µ�i[`t�iD &r 04Re Sloping soil rxwerrd in mulch `�.} �, 'ir?% .�� ,. ':`r, : 1. i.; a'� .:-; \.,`,, Sloping soil covered in mulch c,vl? , Portion of ` il Feature 4 sw:� - shown in :'::. ,�<:` (0.8) 4` `4 Figure 19 :..,.i.:- , Feature B i:f f photograph 44t"� • 41 444 V. - Excavator track y. r - %2>^`� Ai�r-x :::: b0r .xtt. .i ,ca^'tee `c•rf, -- .r5m - «.� � cic> S (0.3)-Height In meters 0 27.0 feet 0 9.0 meters Figure 17. Site 29793 plan map Haun &Associates Report No. 928-011116128 Haun &Associates Project 928 TM K: (3) 7-3-005:015 ba -4,r- ., `.'349'1 1 • --7-4 cif $ "3 of ! 1. , 1 1. `. j I' 1, !I 1 4 f t I f 11 T. 'I a4•i 1 4 1 } r.4 I! 4 t — --\--------- r : M-'i '' . , I 11 I�i�! 11_ 1_' .. _ ... ‘,.._ ,.. ... ..„....___Jr__.„___ ... ,_ ,___*---,--_-_-.•:_ - , i'r.. Lzt. ,;� ' SYIF Imo+-►.. J ,_ p .-- . .. , ,.,:......„ _ ; ., _,_:_ ‘ 1 ,..., .1., ,,,..__:_4 ,, . ___. ., r jji, s _ ... �"< : ,. . aa: i _; � _ _ • -- '�'�'-•• )..J •F ,_,- -� 4 q i _ - f J 9_ S sL`'7�i'i `�.�,`:� -;� 1 '_ 'r _,a.,, 1 =' !"'�,y..- ••' a�r:'� -. 1. ,, : a -,_...• Y'1 H .y i Figure 18.Site 29793,Feature A enclosure,view to west fc 11 � • L� • .,.���__�''' 0 ?� _ `cz'+.1: .'`; . 3•y.-,s--'�- r -;aw-4 h70.ct '„r .._+h e m'.* -5, l � � t 7 t _ � {` , ,ol �S yjy. � .,V �`�`� ,,'-:"'°';'*-: yh 7'1y� yS �1.�'+�V.. �" If _ - Y // F _ .- n ,:. 1 -147'7c--.I1 + i 1 -- ., Figure 19.Site 29793,Feature B enclosure,view to west Haun &Associates Report No. 928-0111161 29 Haun &Associates Project 928 TMK: (3) 7-3-005:015 The Feature B enclosure is located 5.0 to 6.0 m south of Feature A.This enclosure is in very poor condition and was impacted by the recent disturbance. It is comprised of piles of cobbles and small boulders that form a rough enclosure 21.0 m long (east-west) by 17.7 m wide. The wall remnants range in width from 1.6 to 4.25 m and in height from 0.15 to 1.2 m (Figure 19). The interior of the Feature B enclosure also slopes to the west and is covered in mulch. Track marks from the recent flailing activity extend through the enclosure in a northeast by southwest direction, with additional marks between the Feature A and B structures. No cultural remains are present. Site 29793 is interpreted as a complex of probable livestock control features. This is based on their large areas (Feature A= 375 sq m, Feature B= 371.7 sq m), the height of the remaining walls at Feature A and the sloping interior floors of the structures. The site is altered and in poor to fair condition. It is assessed as significant per HAR§13-284-6 under Criteria d(information content). Site 29794 is a large terrace located at approximately 1,585 ft elevation. The terrace is located on the side of a gentle slope to the west. Roughly stacked and piled cobble and small boulder retaining walls extend along the west and north sides (Figure 20).The terrace is 7.9 m long (north-south) by 6.2 m wide, with the retaining walls ranging in height from 0.5 to 1.8 m. The surface of the terrace is level and is covered in a thick mat of mulch. No cultural remains are visible on the mulch-covered surface of the structure. A 1.0 by 1.0 m test unit (TU-3) was excavated in the northwestern portion of the terrace surface (see Figure 20). This excavation revealed 0.08 to 0.1 m of mulch overlying a 0.13 to 0.2 m layer of very dark brown (10YR 2/2) silt with 25%gravel, pebble and cobble inclusions (Layer I). Cultural remains recovered from Layer I consist of 17 volcanic glass flakes (9.0 grams), 13.2 grams of charcoal, and 3.2 grams of burned kukui nut shell fragments. Bedrock was encountered beneath the Layer I deposit. Site 29794 is interpreted as a prehistoric habitation/activity area.The abundance of volcanic glass and the absence of food remains suggest that the structure may have been used for specialized plant processing activity. The site was altered by the recent disturbance to the project area and is fair condition. It is assessed as significant per HAR§13-284-6 under Criteria d (information content). Site 29795 is a complex of 28 features distributed in the southern half of the project area, above approximately 1,520 ft elevation. The features consist of 24 mounds and 4 kua'iwi. The location of the features is depicted on Figure 12 and the physical characteristics are summarized in Table 4. The mounds are interpreted as clearing piles that were created by consolidating surface stones from adjacent planting areas. Typically these features are comprised of informal piles of basalt cobbles and small boulders, with uneven sides. No cultural remains were present on the surface of any of the clearing piles. The mounds range in length from 1.1 to 10.0 m (average 3.2 m), in width from 0.6 to 4.9 m (average 1.9 m) and in height from 0.25 to 1.5 m (average 0.56 m). The feature areas range from 0.66 to 24.9 sq m (average 7.4 sq m) and feature volume ranges from 0.26 to 37.4 cubic meters (6.2 cu m). The 24 mounds include 18 that are oval in shape, four that are circular, and two are linear. Examples of the Site 29795 mounds are depicted in Figures 21 and 22. Kua'iwi(Features C, D, G and C) are linear mounds of cobbles and boulders cleared from adjacent garden areas that are oriented in an inland-seaward direction. The features also served to delineate the boundaries of agricultural fields. The features are all built of piled cobbles and boulders small that range in length from 9.9 to 31.5 m (average 18.3 m), in width from 1.8 to 3.3 m (average 2.6 m)and Haun & Associates Report No. 928-0111161 30 {0.$) TU b Noah wall profile cu • `r.,r/'N', f-r,,n. ..L..` ,,r J.,.t—..�.1 .._,,, '-1— �',L Mulch t (18)�.�, ALJ )• �/__.__1.. �.i.r lob�-�a��� _ _._ _ ________ D j 1 r t `'y` ( 0O il••�1 �`.r1"-irr ,{D) _ Lurerl CT. If l>'SJ, � �i� irr f r: to rD •' 4 ; ,_r , i, , f' ; -s -���' 7 0 1Cm 0• Il I I I 1 .r I I I (D i r Datum—(-yam- '' C• I. (1.1:1) 1..--1 Lapel Very dark brown R6YR 2121411 with 25!6gaael.pebble and cobble Wcluaam: cultural ram]Mt FNUM co Portion of retaining _ wail depicted -_ ' j �.�' _�+ N ` j, tif Level soil covered In mulch y . ----41.----- mii 1 0 $ 9.0 feet ] 1r1 1y( 0 3.0 meters >y I1/4 Slope direction + -{D1 (0,6)=Height in meters Terrace retaining wall,view to east-southeast +.rr '; 20 D 9 (0.6) ". ' s-. sem9 } n �l.r✓ I :° y t `^'^r� ,b Lam"", - i� ' r P t a - . 1 v ) `�' ;:-....-,..::-,4x,:::j^.1'•.x 9.�Ye r r, ',,-1._-_,1-,.--'.,ate+ l�-�'dr. rf � - cis 4 1 11 III ,f c '1 ' i ` l II HI I I 1 1 ,i -' Pp,,r--.2....-.. 1 -:te a°,1+`+ 'N' .a+' t= CDD , \ , t1 ` ' 1� 11�', (i \ I� II 'II I II l t 1H I (1 4 .j «.-Y ;`�; .. k i rf'�.•____• s' a-r.� cs j , `I \{ \ \ ll, \\\1, �. i' . .:•%:'"7. y] x:. � K`>ifl _r t s re Y ,lV l'll� 1'4 1 1, t1 \ \ ,� 9 " v ,f, ��r iN.as. ��Y` .e". � yee , H Oz ll � i `. 0 Excavator track tea` ,t' - : ' f x ^� 4, 00 { t l / # p I Y `' V '-, i (0.3)--� •�-1? I' r'r , E�w.:, , ..: ' 14u ,`4 b", •'^; S' ''S_ O r N ; ill II t I III 1 ��? � l r `� is I W •W ; f S 11 1t ! I I I I ( I �. a ,y: C _ r,1"����t,0 i.•;-,-,Wil,at +, O I--` ` \ t ` I f r3 .> y���1, t¢ ,`vr t.�. .t\��e}, _ U1 'l \ 1i \ \ t l .,. j. y 1 �a; ''-.L b ,t,\ 'dr '� `i ,yt a'•f d I. \'11 \ 1 '. ..A..14,' y '�1, .'.y-iT �, {r. +`"4 " , �'S"r ` .3 1 1 1 yv ' i �5��`'��`a ,� $ Figure 20.Site 29794 plan map and photograph Haun &Associates Protect 928 TMK: (3) 7-3-005:015 rs 11 F J F eat ii rP L ,ifyi rf'O rc&.r _y,` . r� r r .'` S -. 1 E' '- •.�4 ,�!7 rl' -ti try£' ' kik,- a 4 { "-,.„4.1.;-::''''',-.. .W - .' s`'4• ..,...4...' � :-.. . x ? 3� pr. _. .y •r_,- -.a.-.i f yam. +.5. N`. `r- ^c 'M ----�.. .---,---1;----- _.. •'- _ .",--:---4.-;‘...,, -"--,V4-.,;,,....-,!. • ✓ _ ,< _ yam~ t=.- �•, _'six f' ', 41_ �- - r ' - ,t, ro- -7,_ t .E_ . '-- - ' '33 T"�r- J_ ".0-:-' Y ...t• -i a-�I .'}, r • =� r itsEdtl!rh_M •,� �1 �4_.— `I ;� •��•' i r r� �`'1i5,...... .��{ Y� ' ;f ----,..-____‘____,;-",.!_±,.• t rel Vii _-`r, -'- t _ _--4. b. ;;o,+ ,r i - ' Figure 21.Site 29795,Feature L and M mounds,view to south he tAr . }7�tw; }. - ♦ } �41 + is #+t�. .y�t P",r,,,,,,1„; ,� `` . f r •ap ' . 1'` - ,ter-'' r ' �' U+ ' a ,r. rr -frtyry ' fi' • ,'L k ! �9, ai r'1c ♦ -� •" - , e.F,.., 'stir. -},•h '-� + .4'f � 1-t 11;F 47..- 1�,� r - ..,, _ Y � ,1 } ,yy t 5• r , All , . -4,- U -_ { r.. .i+ +� r•J. '1j t }i- J F 4 , .I� J-1• (r�, 1 n'• -.'1:'d ,f` _ _ ,,:4',..rt, 1 ''''4,-,4g.„--,;...,,,,,.N...-4.--:,10„,‘,I,;;. .., ,,,, -.,,- -"oct,;.•;;‘, - _ ; 11 �- 4�. k "_1� �`'f• i ,..,-14 yiC< fj Ptd `iii{,'r �; �c N R,' ' i ` rs r{ - pr .---' ' -- �x, �1 v J a'- 'AN- iiF ti?,r + , ,r `t r,Yga .i ,- f1j{1 y fir "4j arz 4 '�lr F } w ` -' ti 4r, ,\�-Y')4, i. i. f. ter; ,, 'til i ~'� ak r •s'"�'C+' , ,F'. t y' ' ¢ fr < •Lull ,7-417,s, fit }� ,} ,'. --1.-3:::-..,.,:iA' y .. 4'i} --„. '+ ti 44:13,4!, ,a,h� tet. + k rt .-7 .-:-_,'1, _ �'. t str ./ . r , r ! 74 t IV,, - 0 - . 4-'"--=-- - -- 1-rt il. ,'% -',I, In, , , V l' `4, • ""t--- r• " - • - ' ;4' .,,i • , - tie A,)0 No",,l'‘,N)i.;.!;, r ii .4 1.!.. ' •' ..1,, . . 1, _-,. .-.... :,„ .7,4.... ...,,,....--i _1:11 c,j, `; ,e- J; 4 i ,... ' «' f• �., I SFr,, �1 +'. h1 i .*-�l • /f�\ � Ir-d M. IL -,,,-1-.4.-` It.,-- I' fir" " i V , !tir r r{, 1, 4�_. s C.; F { -"' ! I°,11140.6¢) t, h! '-i; / 7i.0" +'µ4 '�^"'�a,I _ ^4. '� ; r 1 slt -, Figure 22.Site 29795,Feature S mound,view to north riaun &Associates Report No. 928-0111161 32 Haun &Associates Project 928 TMK: (3) 7-3-005:015 Table 4.Site 29795 agricultural features Length Width Height Area : Volume ;_. Temp ' Feature' Type `1m) (m) (m): (square (cubic Shape!: Construction Easting Northing H&A _ meters) meters) , No... A Mound 3.1 1.5 0.7 4.65 3.26 Oval Piled cobbles and boulders 187613 2182904 27 B Mound 2.4 1.8 0.6 4.32 2.59 Oval Piled cobbles and boulders 187624 2182897 24 C Kuo'iwi 9.9 1.8 0.6 17.82 10.69 Linear Piled cobbles and boulders 187634 2182885 2 D Kua'iwi 31.5 3 1.1 94.50 103.95 Linear Piled cobbles and boulders 187649 2182907 31 E Mound 2.1 1.7 0.7 3.57 2.50 Oval Piled cobbles and boulders 187663 2182880 3 F Mound 2.5 1.2 0.3 3.00 0.90 Oval Piled cobbles and boulders 187713 2182870 4.2 G Kuo'iwi 10.3 2.8 0.8 28.84 23.07 Linear Piled cobbles and boulders 187714 2182878 4.1 H Mound 4.3 2.1 0.4 9.03 3.61 Oval Piled cobbles and boulders 187734 2182872 5.3 I Mound 1.3 1.1 0.25 1.43 0.36 Oval Piled cobbles and boulders 187730 2182874 5.2 1 Mound 1.2 0.9 0.3 1.08 0.32 Oval Piled cobbles and boulders 187726 2182876 5.1 K Mound 3.1 1.7 0.5 5.27 2.64 Oval Piled cobbles and boulders 187732 2182881 22.1 L Mound 2.8 1.8 0.6 5.04 3.02 Oval Piled cobbles and boulders 187729 2182888 22.2 M Mound 3.2 2.1 0.75 6.72 5.04 Oval Piled cobbles and boulders 187730 2182893 22.3 N Mound 10.0 2.3 0.7 23.00 16.10 Linear Piled cobbles and boulders 187762 2182885 9 O Mound 3.1 3 0.6 9.30 5.58 Circular Piled cobbles and boulders 187777 2182882 21 P Mound 3.1 2.8 0.65 8.68 5.64 Circular Piled cobbles and boulders 187780 2182871 10 Q Mound 7.7 2.5 0.7 19.25 13.48 Linear Piled cobbles and boulders 187776 2182882 11 R Mound 1.75 1.3 0.4 2.28 0.91 Oval Piled cobbles and boulders 187789 2182879 20 5 Mound 5.1 4.9 1.5 24.99 37.49 Circular Piled cobbles and boulders 187795 2182882 30 T Mound 3.5 2.9 0.4 10.15 4.06 Oval Piled cobbles and boulders 187805 2182875 19 U Mound 1.1 0.6 0.4 0.66 0.26 Oval Piled cobbles and boulders 187817 2182875 18 ✓ Kuo'iwi 17.1 3.3 0.8 56.43 45.14 Linear Piled cobbles and boulders 187786 2182868 13 W Mound 1.6 1.4 0.3 2.24 0.67 Oval Piled cobbles and boulders 187799 2182862 14.3 X Mound 1.6 1.3 0.3 2.08 0.62 Oval Piled cobbles and boulders 187794 2182865 14.1 Y Mound 1.7 1.3 0.35 2.21 0.77 Oval Piled cobbles and boulders 187793 2182863 14.2 Z Mound 4.7 3.1 0.9 14.57 13.11 Circular Piled cobbles and boulders 187787 2182867 12 M Mound 2.3 1.1 0.35 2.53 0.89 Oval Piled cobbles and boulders 187813 2182852 16.1 AB Mound 1.4 1.2 0.3 1.68 0.50 Oval Piled cobbles and boulders 187817 2182847 16.2 in height from 0.6 to 1.1 m (average 0.83 m). No cultural remains are present on or around any of the features.The Feature C and V kua'iwi are depicted in Figures 23 and 24. These features are interpreted as elements of the Kona Field System, a vast agricultural area that was intensively cultivated and served as the resource base for the large number of chiefs and retainers that occupied the central Kona coast. The field system extends north to Ka'u Ahupua'a, south to Honaunau, and from the coast to the forested slopes of Hualalai. The overall system is assigned Site 6601 (Newman 1970, Kelly 1983, Schilt 1984, Cordy 1995); however, for descriptive purposes the portion in the project area is designated 27195. The sites is assessed as significant per HAR §13-284-6 under Criteria d (information content). It is altered and in poor to fair condition. Additional subsurface testing was conducted in the recently cleared and forested portions of the project area to determine the presence or absence of subsurface cultural deposits. TU-1 was situated in the inland portion of the project area in the recently cleared area at approximately 1,605 ft elevation.The unit was located between the Site 29795 Feature N and 0 agricultural mounds. This excavation revealed scattered surface mulch overlying a soil deposit(Layer I) resting on bedrock (Figure 25). Layer I is a 0.07 to 0.12 m-thick layer of a very dark brown (10YR 2/2) silt with 10%gravel, pebble and cobble inclusions. No cultural remains were present in TU-1. TU-2 was situated in the forested seaward portion of the project area at approximately 1,555 ft elevation, 3.0 m south of the Site 29795, Feature C kua'iwi. This excavation revealed one soil deposit (Layer I) over bedrock (Figure 26). Layer I is 0.02 to 0.27 m of a very dark brown (10YR 2/2) silt with 60%gravel, pebble and cobble inclusions. Cultural remains from Layer I consist of 4.4 grams of charcoal and 3.7 grams of burned kukui nut shell fragments. Haun &Associates Report No. 928-011116133 Haun &Associates Project 928 TMK: (3) 7-3-005:015 j,,,, 1 btt ' . �l i • f `ems I v� I •Y1 4; -11) �, r 7-#.- .. t 1. _ J I . '• AYr • "Y .� k 'L7 1 r11 ,ry f f .> ,•rte f'-7-7.- ----- �r'i'. 1. �• 1 1...--•,...„_..41,1,, lx -••••:''..J.,er f I.eq • y _ -I�` 777 / �e�/'. j tiau f 1��y�'/ / 1 j; R 'vit. %e P i •, "'s [ • .gym- l ` '' r"-.....,.-^„:,4. 1 `?i/ r t e+ �1 ..Y �s { it,4 � � ����' ate`CN�'r���`e�gr�lF1 � � rr� ii., t. .a f1 4 �`�y(�,�.j�.�f1' r'_I:ite11r �� t r . ... .. I. 'i4 .E • lr- f, tOr#�9 .Se l ..:w^ .Sl��-.;--.,,,,i7:--Z::� y5 Figure 23. Site 29795,Feature C kua'iwi,view to east C a 1.-;-,', ff •'R d .i,-.."'x .44,• .4, .41/ ,„.... ,,, - J r ° I I/, i [ V iii. • .4 :L.,.,ti „p:'-'' N' S Y ` k In I I . r , '. I k :. ,'i, yy 7 � /= J-A._ !<l ' , 4�' f1 , %-.. .s, I 11.0 t';q k r • r t * ayds k Y'r .y"4 } F, 4... d--' ''.„:tt.;:,-.74' ..'„.."•-• ..-!,L , , . _.1- 1,#.4.4...•..,I.--42r.l.".-_-,..-4,-•••-ile.r..- ..„.t.--,- 4 42 J t -i YA'i' 4 4,�flJ'`it47-.1f -'r+=. }_. F4 +� r x , '\ ,'T.r'`" ';1 V 5L ?4'43 I `N`'01-„.'4.4.7..r.--it-V.41 y< .£ a '-zr ' A w "�r . ..c/to.., t '�{ � `-eA .{ r' /n ..t14,,,,,,..,•_--*„. om— --4P44;.!..1.''''''' Figure 24.Site 29795,Feature V kua'iwi,view to west Haun &Associates Report No. 928-011116134 Haun &Associates Project 928 TMK: (3) 7-3-005:015 TU-1-North wall profile 0 ; Layer) i • ' / Bedrofk 1,i i 0 1.0m I I I I I I Post-excavation of TU-1 Layer I-Very dark brown I1DYR 2/a)silt with 1O9•;gravel,pebtAa and cobble mdusions ,,,gd 3�1.11,,r1-1-7-:-1:: „.,i ' 'k A '.. 1/ �', + no cultural remain it ks {d ti_ :J t{ r:�1` ” .4., �: ' Figure 25.Profile and photograph of TU-1 I L-2-North wap profile +� S i'.2, n 7.-77- / :• — U y LI / "r Betlrodl // r' D.3m a 1.Om 'cst-excavation of TL'-2 d r Layer I-Very cark bronr.I1OyR 2/21 sik with 60%gravel,pebble and rabble inclusions, r�( - �., aw �r yf -• ,i c,-"2:.0-4:,1-7-1'; 4 cultural remains present r .::: t • i.-44`.•-•'.r'aS 41. ' 1 tlyl,-41 ._ max . , : .` s — tfora * :. . AV' :y. ,,,tr r 1 Figure 26.Profile and photograph of TU-2 Haun & Associates Report No. 928-0111161 35 Haun &Associates Project 928 TMK: (3) 7-3-005:015 CONCLUSION Discussion The survey identified seven sites with 36 features.These sites consist of four single feature sites and three complexes with from two to 28 features. The identified features include mounds, kua'iwi, enclosures, walls, a lava tube and a terrace. Feature function includes agriculture, livestock control, habitation/activity area and temporary habitation. The features conform to the traditional Hawaiian types expected in the Upland Forest Zone (Davis 1977, Cordy 1985) based on previous archaeological work and historic documentary research.As expected, agricultural features, including mounds and kua'iwi were identified. LCA testimony indicates that taro and sweet potatoes were cultivated in the vicinity of the project area. It is possible that several of the sites and features are remnants of inland-seaward oriented kua'iwi that may have once divided the project area into agricultural fields (Figure 27). These possible kua'iwi extend through the northern and southern halves of the parcel. The northern one potentially spanned the area including the Site 29792 wall, the Site 29795 Feature D kuaiwi, and the southern wall of the Site 29793, Feature A enclosure. The southern kua'iwi potentially included the three Site 29795 kua'iwi(Feature C, G and V) and the northern wall of the Site 29790 enclosure. It is possible that the original kua'iwi were historically dismantled to construct the walls at Sites 29790, 29792 and 29793. Evidence of prehistoric habitation was also identified. The Site 29789 lava tube was likely utilized for temporary habitation and the Site 29794 terrace potentially functioned as an activity area. These sites were likely used in conjunction with the agricultural exploitation of the project area. The historic use of the project area is evidenced by the presence of the Site 29791 and 29792 walls and the Site 29793 complex of enclosures. These structures likely functioned to restrict the movement of cattle that grazed within the parcel. Oral historical information confirms use of the parcel for farming and pasture in the last 100 years. Significance Assessments The sites identified during the survey are assessed for significance based on Hawaii Administrative Rules (HAR) §13-284-6. According to (HAR) §13-284-6, a site must possess integrity of location, design, setting, materials,workmanship,feeling, and association and shall meet one or more of the following criteria: 1. Criterion "a". Be associated with events that have made an important contribution to the broad patterns of our history; 2. Criterion"b". Be associated with the lives of persons important in our past; 3. Criterion "c". Embody the distinctive characteristics of a type, period, or method of construction; represent the work of a master;or possess high artistic value; 4. Criterion "d". Have yielded, or is likely to yield, information important for research on prehistory or history;and 5. Criterion "e". Have an important traditional cultural value to the native Hawaiian people or to another ethnic group of the state due to associations with traditional cultural practices once carried out, or still carried out, at the property or due to associations with traditional beliefs, events or oral accounts--these associations being important to the group's history and cultural identity. Haun &Associates Report No. 928-011116136 v `-- _ \ ` oro—..-- ---____ 180 feet 1 ! A-A6-Agrkultural featureof51te29795 ~� '--,-`—__ _ ti Site number pre-fixed by 50.10.28• _ ) 60 meters+ ! Contour interval=40 ft f I _ Ka'jminani Drive t ~~ ~ - ! Excavator tracks -- —_ �� i �S�„,1-97, Kuaiwi • \, 'r 1', t — 1, Possible former extent of kualwi within project area `.\ • 29793 1 i �� ',w ? Fes;7-.-,"� 1 , ! ,iinn Recently disturbed area �. II Project area boundary 4 I1 f ✓ r , �`ttlg&,P(y / ! / r: r ✓ r / : :r . tl I l / . .+ /r - ;•/ / / .• =�`'7•"•'rn►wn�e,�. •„ 297.92 ! r l % .s r ,.•// / r / ! ^ / r l , s / / i/ r r f. r. `I I D 1 / f / / ,, .1//i /:'• l G J / /i , f /, / // / .. ./...:./ /29794 r . N' f . i r / : , 1 1 in / / / .�-'^-,./!. /_... — -- ' —4..,.. -'—i, J _.. // / , /.;.1,2..---.,..; f / • rr7"",;--s., it /A' ' /tq Q - _ 5 / 1 I. p / 4C- 4'4-t.1"1 -, ..,/ L , r e----- �`..,' : .. *-4../t• /1/ x r •,- 4/ r' 29791 �� ! n _ `t / y": `"' J r Non-cultural '-'44,1-41:1_ // +�- 44 1 < • /_L--1� i lava blister TU.1 p <�// . /.i � TU-2 Undisturbed area -r '---""- a v '` U �_' a) t un 4 _ / 29789 H 29!790 -.} / �'�I -, �+t�Y �_ ihurnOestreet - _r / �,Ir, / z N i ~- _— ___ _ 1 i _�. .. AA. .I o < , - - __ �� ;' + as tiz I r i /,1, j rr m +r n ' Modern ! t co Area disturbed by adjacent landowner mortared , S i, wall f 1\. N t \4 N j+ 1 i 1 Hawaii Belt Road -~_.i_ t W 1520 1560 16(10 1 1640 1 V ; ,.,.,.,., � .,,.s _.-:_m.,•., ...,._ __ .�,�..<-..gyp. Figure 27.Site location map showing possible extent of former kua'iwi within project area Haun &Associates Protect 928 TMK: (3) 7-3-005:015 Based on the above criteria, all of the sites are assessed as significant under Criterion "d". These sites have yielded information important for understanding prehistoric to historic land use in project area. Treatment Recommendations The mapping, written descriptions and photography at Sites 29790, 29791, 29792, 29793 and 29795 adequately document them and no further work or preservation is recommended. The two remaining sites retain the potential to yield additional information important for understanding prehistoric and early historic land use. These consist of the Site 29789 lava tube and the Site 29794 terrace. Data recovery is recommended for these sites.The data recovery work will be guided by a data recovery plan prepared for DLNR-SHPD review and acceptance. Haun & Associates Report No. 928-011116138 Haun &Associates Protect 928 TMK: (3) 7-3-005:015 TRANSLATION OF HAWAIIAN WORDS' ahu- altar,shrine or cairn ahupua'a-traditional Hawaiian land unit usually extending from the uplands to the sea ala boa-highway, main road,belt road around an island,a long road ali'i-chief, chiefess,officer, ruler, monarch, peer, headman,noble, aristocrat, king,queen or commander hale-house, building, institution, lodge, station, hall heiau-pre-Christian place of worship,shrine holua-Sled, especially the ancient sled used on grassy slopes;the sled course konohiki—headman of an ahupua'a land division under the chief kua'iwi—Long,straight stone wall Kuhina nui -powerful officer in the days of the monarchy Mahele-land division of 1848 makai—towards ocean mauka—inland pahoehoe—Smooth, unbroken type of lava,contrasting with a'6 ' -fi-om Hawaiian Dictionary(Pukui and Elbert 1986) REFERENCES Barrera,W. 1979 Keahole Airport Emergency Service Roads: Archaeological Survey. 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Rosendahl, M. 1989 Archaeological Inventory Survey, Kohana-iki Resort Water Development Project Area, Land of O'oma 2, District of North Kona, Island of Hawai'i. PHRI Report 477.Prepared for M&E Pacific, Inc. Rosendahl, P. 1973 Archaeological Salvage of the Keahole to Anaehoomalu Section of the Kailua-Kawaihae Road (Queen Kaahumanu Highway), Island of Hawaii. Prepared for Department of Transportation, State of Hawaii. 1980 Intensive Archaeological Survey and Salvage Excavations at the Natural Energy Laboratory Hawaii (NELH) Site, Ke-ahole Point, North Kona, Hawai'i Island. PHRI Report 2. Prepared for the Research Corp. of the University of Hawaii. Rosendahl, P., and P. Kirch 1975 Archaeological Reconnaissance Survey of the Ke-ahole Point Natural Energy Laboratory Site, North Kona, Hawai'i Island. Dept. of Anthro. B.P. Bishop Museum. Prepared for R.M. Towill Corp. Haun &Associates Report No. 928-011116143 Haun &Associates Project 928 TMK: (3) 7-3-005:015 Sato, H,W. Ikeda, R. Paeth, R.Smythe,and M.Takehiro 1973 Soil Survey of the Island of Hawai'i, United States Department of Agriculture, Soil Conservation Service, In Cooperation with the University of Hawaii Agricultural Experiment Station. Schilt, R. 1984 Subsistence and Conflict in Kona, Hawai'i. Departmental Report Series 84-1. Department of Anthropology, B.P. Bishop Museum. Prepared for Department of Transportation. Speakman, C.E.,Jr. 1978 An Informal History of the Hawaiian Island. San Rafael: Pueo Press. Soehren, L. 1982 Letter Report of an Archaeological and Historical Reconnaissance Survey of TMK: 7-3-05:13, Kalaoa 4, North Kona, Hawai'i. Historic Sites Section (H-282), Division of State Parks, department of Land and Natural Resources,State of Hawaii 1985 Alanui Kauhini, Kalaoa 4, North Kona, Hawaii (TMK: 3-7-3-10:33. Kilo Aina. Prepared for Wes Thomas&Associates, Inc. Telea, L.,and M. Rosendahl 1987 Archaeological Reconnaissance Survey, Kona Palisades Subdivision Parcel, Land of Kalaoa 4, North Kona, Island of Hawai'i (TMK: 3-7-3-05:86). PHRI Report 379. Prepared for Dr. Ernest Sakamoto. Thompson, L.and S.Goodfellow 1992 Archaeological Mitigation Program, Kona Palisades Development Parcel, Phase II- Archaeological Data Recovery, Land of Kalaoa 4, North Kona, District, Island of Hawai'i (TMK: 3-7-3-05:86). PHRI Report 1094-031792. Prepared for Ken World, Inc. Waihona'Aina Corporation 2000 The Mahele Database,Waihona.com Walker,A.,and A. Haun 1987 Archaeological Reconnaissance Survey, Kona Palisades Subdivision Parcel, Land of Kalaoa 4, North Kona District, Island of Hawai'i (TMK: 3-7-3-05:87). PHRI Report 346. Prepared for Gallup&Van Pernis, Kailua-Kona. 1988 Limited Archaeological Data Recovery, Kona Palisades Subdivision Parcel, Land of Kalaoa 4, North Kona District, Island of Hawai'i (TMK: 3-7-3-05:87). PHRI Report 452. Prepared for Gallup&Van Pernis, Kailua-Kona. Walker,A.,and P. Rosendahl 1989 Archaeological Inventory Survey, Pu'uhonua Subdivision Development Parcel, Land of Kalaoa 5, North Kona District, Island of Hawai'i (TMK:3-7-3-10:por 27). PHRI Report 490. Prepared for Haseko(Hawaii), Inc. 1990a Archaeological Inventory Survey, Phase I Site Identification, Ooma 2 Water System Development Project Area (YMK: 7-3-09:5). PHRI Report 802. Prepared for Nansay Hawai'i, Inc. Haun &Associates Report No. 928-011116 44 Haun &Associates Project 928 TMK: (3) 7-3-005:015 1990b Archaeological Inventory Survey, Kona Palisades Development Parcel, Land of Kalaoa 4th, North Kona District, Island of Hawai'i (TMK:3-7-3-05:86). PHRI Report 806. Prepared for Ken World, Inc. 1990c Archaeological Inventory Survey, Kona Palisades Development Parcel, Land of Kalaoa 4th North Kona District, Island of Hawai'i (TMK: 3-7-3-05:87). PHRI Report 452. Prepared for Gallup and Van Pernis. Walsh, P.,and H. Hammatt 1995 An Archaeological Inventory Survey of the New Queen Kaahumanu Highway Right of Way Between Palani Road and Keahole Airport, Within the Ahupua'a of Keahuolu, Kealakehe, Honokohau, Kaloko, Kohanaiki, O'oma 2, Kalaoa-O'oma, and Kalaoa 104, North Kona District, Hawai'i Island. Prepared by Cultural Surveys Hawaii for R.M.Towill. Wolfe, E.,and J. Morris 2001 Geological Map of the Island of Hawaii. U.S. Department of the Interior. U.S Geological Survey Haun & Associates Report No. 928-011116145 D DAVID Y.IGE 46 O Com.4 _ SUZANNECAIRPER MASE GOVERNOR OF HAWAII /,( 1959 \y .. BOARD OF LAND AND NATURAL RESOURCES t; COMEIISSION ON WATER RESOURCE MANAGEMENT • `SDC et KEKOA KALUHIWA pE a�Ndt 1��--,? 1 FIRST DEPUTY 1 � T's JEFFREY T.PEARSON FQ' ,ly DEPUTY DIRECTOR-WATER ON ft)II ��y4�\�a• .VA!l10,,,,���f AQUATIC RESOURCES ,�� �°'e'•C¢J•� f BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES STATE OF HAWAII • COMMCONSERN WATERCONSERVATION AND ESOURCE LANGEMN MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT' DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING State "RP of Ham FORESTRY AND WILDLIFE HISTORIC PRESERVATION STATE HISTORIC PRESERVATION DIVISION KAHOOLAWEISLAND LSERVE COMMISSION AND KAKUHIHEWA BUILDING STATE PARKS 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 January 25,2016 Alan Haun,PhD Log No. 2015.02304 Haun and Associates Doc.No. 1601KM14 73-1168 Kahua A`o Road Archaeology Kailua-Kona,Hawaii 96740 Dear Dr. Haun, SUBJECT: Chapter 6E-42 Historic Preservation Review— Archaeological Inventory Survey for 3.992 Acre lot Kalaloa 5 Ahupua`a,North Kona District,Island of Hawaii TMK: (3)7-3-005:015 Thank you for the opportunity to review the report titled Archaeological Inventory Survey; TMK: (3) 7-3-006:015; Kalaloa 5 Ahupua`a, North Kona District, Island of Hawai`i (Haun and Henry, June 2013). SHPD received the original draft on June 19, 2013 (Log No. 2013.03917), and received a letter from Richard Stewart regarding supplemental information pertaining to the on October 23, 2015 (Log No. 2015.03844). SHPD requested minor revisions via email on January 9, 2016, and received the revised report via email on January 11, 2016 (Log No. 2015.02304). The archaeological inventory survey was conducted for a 3.992-acre lot in a suburban area between Mamalahoa Highway (Hawaii Belt Road) and Ihumoe Street. The landowner, Richard Stewart, purchased the subject parcel in 2009 and is proposing to subdivide this property into a six lot parcel and rezone the property from agricultural usage to residential/agricultural (RA) for future development purposes. In response to the rezoning application the State Historic Preservation Division (SHPD) conducted a site visit of the property and determined an archaeological inventory survey (AIS) was warranted to identify any potential surface or subsurface historic properties. SHPD further indicated that the AIS needed to be submitted for SHPD review and acceptance prior to final subdivision approval and any ground disturbing activities(Log No.2009.4075,Doc.No.0911 MD02). Prior to the AIS being conducted, the landowner, Mr. Stewart, visited the property and had work done to remove vegetation covering much of the property. Approximately 2.834 acres were cleared primarily along the northern boundary and extending into the central portion of the property. The clearing activities were done between February 2 and 20,2013 using a chipping attachment on a track-mounted excavator machine.Upon completion of the clearing activities, the County of Hawaii issued a Correction Notice on February 23, 2013, preventing further clearing activities and prompting removal of the machine (October 21, 2015, letter correspondence, Richard Stewart). Pursuant to Hawaii Revised Statutes (HRS) 6E-11(c) it was determined that Mr. Stewart had not submitted a grubbing permit for SHPD review and approval and was found to be in violation of Hawaii Administrative Rules (HAR) §11-55. SHPD determined a number of agricultural sites within the property had been adversely impacted by the clearing work and consequently,Mr. Steward was fined a total of$9,400 for which he paid in full. The AIS was conducted by Haun & Associates at the request of the landowner, Richard Stewart. The AIS was completed for the entire 3.992-acre property parcel. The AIS was conducted after the aforementioned clearing activities had occurred and impacted agricultural sites on the property. As earlier stated, a total of 2.834 acres were EXHIBIT B Mr.Arakaki October 22,2015 Page 2 cleared with the remaining 1.077 acres consisting of various overgrown vegetation. Fieldwork for the AIS included a 100%pedestrian survey and subsurface testing involving excavation of three test units(TU-1 through TU-3). The summary of previous archaeological studies conducted west of the project area identified 484 sites with nearly 5000 features, indicating a density of archaeological resources in the general vicinity. The pedestrian survey identified a total of seven sites (Sites 50-10-28-29789, 29790, 29791, 29792, 29793, 29794, and 29795). The sites are summarized in Table 1. Table I. Summary of historic properties identified Site No. of Function Estimated Age Description Features 29789 1 Temporary pre-Contact Lava tube system with several passages;contained habitation burned and unburned kukui nut shell fragments 29790 1 Agricultural pre-Contact Remnant rock wall enclosure measures 18.7 m long by 11.6 m wide 29791 1 Animal husbandry Historic Remnant stone wall west of Mamalahoa Highway is largely collapsed;measures 18.5 m long by 4.6- 6.3 m wide;possibly utilized for cattle control 29792 2 Animal husbandry Historic Large,L-shaped and faced wall 13.8 m by 21 m; possibly utilized for cattle control 29793 2 Animal husbandry Historic Complex of two large stone enclosures;possibly utilized for cattle control 29794 1 Habitation/activity pre-Contact Large terrace structure measures 7.9 m long by 6.2 area m wide;possibly utilized for plant processing 29795 28 Agricultural Historic Complex of agricultural mounds for planting and delineation purposes;considered element of overall Kona Field System(Site 6601) A total of three test units including TU-1,TU-2,and TU-3 were excavated. TU-1 was conducted between Site 29795 Features N and 0, while TU-2 was conducted 3 m south of Site 29795 Feature C. TU-3 was excavated within the northwest portion of the terrace Site 29794. No cultural material was encountered during excavation for TU-1 and TU-2; TU-3 documented 17 volcanic glass flakes, charcoal, and burned kukui nut shell fragments.No other cultural material was observed other than the material collected from TU-3 and the kukui nut shell fragments at Site 29789. The AIS documented varying degrees of disturbance for all the sites identified in the project area with the exception of the lava tube(Site 29789). Site 29790 is partially collapsed in areas and the southern end was heavily impacted by construction activities on the adjacent lot. Site 29791 is intact in its southern portion but has been possibly impacted by the recent clearing activities as well as by the construction of Mamalahia Highway. Sites 29792, 29793, 29794, and 29795 have been impacted by the recent clearing activities with evidence of the excavator tracks cutting across features. Documents provided by Mr. Stewart (October 21, 2015, letter correspondence, Log No. 2015.03844) dispute the damage with information provided by the previous landowner, Reverend Norman Akahi Keanaaina. Mr. Keanaaina explained that his family originally received the land as a portion of Land Grant 2290,and had occupied and tended the land for over 117 years. Keanaaina recalled there having been no family burials or archaeological sites and further stated that damage to rock walls likely resulted from cattle, other livestock, and human activities including scavenging rocks to create various structures in other areas. Overall, the AIS considers Sites 29789, 29790, 29791, 29792, 29793, 29794, and 29795 to consist of four single feature sites and three complexes. The sites variously date from the pre-Contact to Historic period and were utilized for agricultural,habitation and activity areas,and animal husbandry purposes.Pursuant to HAR§13-284-6,all of the sites were determined significant under Criterion "d" for their information potential. Additionally, Site 29795 is considered to be an element of a larger complex, the Kona Field System (Site 6601). The report recommends archaeological data recovery for Site 29789 (lava tube) and Site 29794 (terraces), and no further work or preservation for Sites 29790, 29791, 29792, 29793, and 29795. Pursuant to HAR §13-284-7, the project effect recommendation is "effect, with proposed mitigation commitments." SHPD concurs with h the site significance assessments and with the effect determination with mitigation in the form of archaeological data recovery involving Mr.Arakaki October 22,2015 Page 3 excavation at Sites 29789 and 29794. SHPD also concurs with the mitigation recommendation of no further work for Sites 29790,29791,29792,29793,and 2979 per HAR§13-284-8. The AIS report provides sufficient discussion of the project, physical environment, cultural and historical background, previous archaeological studies, methods and field findings. It meets the requirements specified in HAR§13-276-5.The report is accepted by the SHPD. Please send one hardcopy of the document,clearly marked FINAL, along with a copy of this review letter and a text-searchable PDF version on CD to the Kapolei SHPD office,attention SHPD Library. As stipulated in HAR §13-284-7(e), when SHPD comments that the project will have an "effect, with agreed upon mitigation commitments,"then detailed mitigation plans shall be developed for SHPD review and acceptance. The agreed-upon mitigation measure for this project include data recovery in the form of controlled excavation.Pursuant to HAR §13-284-8, SHPD looks forward to receiving an archaeological data recovery plan that meets HAR §13-278-3 for review and acceptance prior to the approval of any rezoning and/or subdivision application or the commencement of any project related work. Please contact me at (808) 692-8019 or at Susan.A.Leboc hawaii.gov if you have any questions or concerns regarding this letter. Aloha, 314.57 GL.v% Susan A. Lebo,PhD Archaeology Branch Chief cc: Richard Stewart 78-7118A Puuloa Road Kailua-Kona,HI 96740 rcstewart@luv-it.com Report 1324-102516 FINAL ARCHAEOLOGICAL SITE PRESERVATION PLAN SITES 50-10-28-29789 AND 29794 KALAOA 5 AHUPUA'A NORTH KONA DISTRICT ISLAND OF HAWAII TMK: (3) 7-3-005:015 HAUN & ASSOCIATES ARCHAEOLOGICAL, CULTURAL,AND HISTORICAL RESOURCE MANAGEMENT SERVICES 73-1168 KAHUNA A`o ROAD, KAILUA-KONA HI 96740 PHONE: 808-325-2402 FAX: 808-325-1520 Exhibit C Report 1324-102516 FINAL ARCHAEOLOGICAL SITE PRESERVATION PLAN SITES 50-10-28-29789 AND 29794 KALAOA 5 AHUPUA'A NORTH KONA DISTRICT ISLAND OF HAWAII TMK: (3) 7-3-005:015 By: Alan E. Haun, Ph.D. and Dave Henry, B.S. Prepared for: Richard Stewart 78-7178a Puu Loa Road Kailua-Kona, Hawai`i 96740 August 2016 Revised October 2016 HAUN & ASSOCIATES ARCHAEOLOGICAL, CULTURAL, AND HISTORICAL RESOURCE MANAGEMENT SERVICES 73-1168 KAHUNA A`o ROAD, KAILUA-KONA HI 96740 PHONE: 808-325-2402 FAX: 808-325-1520 T M K : ( 3 ) 7 - 3 - 0 0 5 : 0 1 5 Report N o . 1 3 2 4 - 1 0 2 5 1 6 MANAGEMENT SUMMARY This Archaeological Site Preservation Plan addresses provisions for the preservation of two sites located within a proposed 0.12 acre archaeological preserve in TMK: (3) 7-3-005:015. The project area is a 3.992 acre parcel in Kalaoa 5 Ahupua'a, North Kona District, Hawai'i Island. The preservation sites consist of a temporary habitation lava tube(Site 50-10-28-29789)and a habitation/activity area terrace(Site 29794). Project Proponent: Richard Stewart Project Description: Proposed development of a six lot subdivision Project Location:TMK: (3)7-3-005:015, Kalaoa SAhupua'a, North Kona District, Hawaii Island Project Acreage: 3.992 acres Land Jurisdiction:Owned in fee simple by Richard Stewart Plan Proposal: Identification of preservation sites, appropriate form of preservation, and conservation measures Preservation Site:Site 50-10-28-29789—temporary habitation lava tube Site 50-10-28-29794—habitation/activity area terrace HAUN & ASSOCIATES I ii T M K : ( 3 ) 7 - 3 - 0 0 5 : 0 1 5 Report N o . 1 3 2 4 - 1 0 2 5 1 6 CONTENTS MANAGEMENT SUMMARY ii INTRODUCTION 1 Project Identification 1 Plan Purpose 1 BACKGROUND 1 Project Area Environment 1 Previous Archaeological Work within the Project Area 7 Historic Documentary Research 7 Consultation 14 IDENTIFICATION OF THE PRESERVATION SITES 17 PRESERVATION PLAN 19 Forms of Preservation 19 Conservation Measures 22 Preservation buffers 22 Access 22 TRANSLATION OF HAWAIIAN WORDS 23 REFERENCES 23 JANUARY 25, 2016 SHPD LETTER 26 FIGURES Figure 1. Portion of Kailua 1998 USGS 7.5' quadrangle showing project area 2 Figure 2.Tax Map Key 7-3-05 showing project area 3 Figure 3. 2009 aerial view of project area (from Google Earth) 4 Figure 4. Haun and Henry(2016)site location map 5 Figure 5. Recently cleared area,view to northeast 6 Figure 6. Forested area,view to southwest 6 Figure 7.Ahupua'a boundaries and Land Commission Awards 8 Figure 8. 1894 map of Homestead Lot 47 showing Lot 6 and Alanui Kauhini (from Soehren 1985:3) 12 Figure 9. Portion of Emerson's late 1880s Hawaii Territory Survey Map -Register Map 1280 13 Figure 10. Wall's 1906 Hawaii Territory Survey, Kalaoa School Lots-Register Map 2349 15 Figure 11. Portion of 1924 USGS Kalaoa Quadrangle 16 Figure 12.Site 29789 plan map and photograph 18 Figure 13.Site 29794 plan map and photograph 20 Figure 14.Tentative subdivision plan showing proposed archaeological preserve with Sites 29789 and 29794 21 HAUN & ASSOCIATES I iii T M K : ( 3 ) 7 - 3 - 0 0 5 : 0 1 5 Report N o . 1 3 2 4 - 0 8 1 7 1 6 INTRODUCTION Project Identification Haun &Associates prepared this Archaeological Site Preservation Plan at the request of the landowner, Richard Stewart. The preservation sites were originally approved for data recovery in the SHPD-accepted (Log No: 2015.02304; Doc No: 1601KM14) archaeological inventory survey; however, the landowner has elected to preserve the sites. The sites are located in the 3.992 acre TMK: (3) 7-3-005:015, Kalaoa 5 Ahupua'a, North Kona District, Hawai'i Island (Figure 1 and Figure 2). This preservation plan was prepared in accordance with the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) Rules Governing Requirements for Archaeological Site Preservation and Development in Hawai'i Administrative Rules(HAR)Title 13,Subtitle 13,Chapter 277(DLNR 2003). Plan Purpose The proposed development of the parcel is for a six lot housing subdivision (see Figure 14). This plan explains the timing of the protection measures required to ensure the physical integrity of the sites, describes the sites, and identifies the form of preservation. BACKGROUND Project Area Environment The project area is a 3.992-acre parcel located in Kalaoa 5 Ahupua'a between approximately the 1,510 ft and 1,640 ft elevation.The project area is bordered by the Hawai'i Belt Road to the east, by the backyards of existing houses to the north and west and by lhumoe Street and by the backyard of a house to the south. The terrain within the project area slopes slightly to moderately to the west. Figure 3 is an aerial view of the project area, taken in November 2009. Large portions of the project area were recently cleared (Figure 4). According to the landowner, the clearing was done to reduce the wildfire hazard for the surrounding residences and to discourage unauthorized use of the property. The clearing was done using a chipping device attached to a tracked excavator that shredded the forest vegetation, leaving behind a mat of woody debris (Figure 5). This cleared area comprises 2.834 acres or 71% of the project area. A low mound of machine-piled boulders created during the recent clearing is located in the southwestern portion of the parcel. An area of prior disturbance is located along the southern project area boundary in the inland portion of the parcel (0.079-acres or 2%). This area appears to have been cleared by a bulldozer, likely associated with construction activity on an adjacent parcel (see Figure 4). The remaining 1.077 acres (27%) are forested primarily with secondary growth vegetation indicating that it was potentially cleared in the past. This vegetation consists of strawberry guava (Psidium cattleianum), silver oak (Grevillea robusta),jacaranda (Jacaranda acutifolia), Christmas berry (Schinus terebinthifolius), kukui (Aleurites moluccana), o'hia trees (Metrosideros polymorpha), ti (Cordyline fruticosa) plants and grasses and vines.A portion of the forested area is depicted in Figure 6. The property terrain slopes slightly to moderately to the west. According to Sato et al. (1973:48), the soil type is Punaluu Extremely Rocky Peat (rPYD) on 6-20% slopes. This soil is characterized by a 4 inch thick surface layer of black peat overlying pahoehoe lava with exposed outcrops occupying 40 to 50%of the ground surface.The soil has a rapid permeability, a slow runoff potential and a slight erosional hazard and is classified as suitable for pasture. The underlying lava was deposited from Hualalai Volcano between 3,000 to 5,000 years ago (Wolfe and Morris 2001). HAUN & ASSOCIATES I 1 %Ow HONOKAA ft '' 'CA i T .W4,CilL .. 0 400f, i 41 K // mar �� � `, An waMEA HILO /10 litati.E.H f �` r, _ _ P`•J K A!o t 2 _- 1,,,, \ - / ,/IV NWA ' 1 `Ma location - , I • KEALAKEKUA P 04 �, K • U .. __ 1y 1 W PAHALA `,,xn.t(ayu4 � -_W, AKAULA•i __ f y�\ , % O t ' :A..—, HA •oMu ��. x0•frart a• tiC1( i — \ Ul 0 le'AALEHU neMeq 4hnA �. 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I T /RD DISTRICT LA,. 0 is �:R'« 4t i,.y/.,r.A.B•d ` ZONE SE[_ PLAT O 03 4 4- —OOMA /=�,NORTH KO/VA,HAWA// I I SUBJECT TO CHANCE CONTAINING�wPs V NESTED_ I-A cn Figure 2.Tax Map Key 7-3-05 showing project area TMK : ( 3 ) 7 - 3 -005 : 015 Report No . 1324 - 081716 1 I. -rile- . . • j — r t 65 i' .- r - - _ e-..f.' .,--- . • 11 I I 1 I 1 , den , t. r----' ; tN e. 1 I 1 I G1 ` I 1 1 ' I 1 ` L ( ,,. I I 1 1.. Q1 I I . A , rraa' . I I .: I LJ • 1 I 1 , pal � r i . " i r 1 1 1 , 1 a I I ., . I I 1 1 f T. ;d nlejv , 1 , C I I LAJ . -., I , v f tom. _y o CD c �• I 1 E 0 I Io . - 7 Od �. 1 _ .:J ' - -..__ yo F` r1 rs i(f. a � .1 J _- 1 v To rde m o rri • "AUN : ASSOCIATES 4 • —1 K W 0 180 feet "" A-AB=Agricultural feature of Site 29795 111 Site number pre-fixed by 50-10-28- 0 60 meters w Contour interval=40 ft o Ka'iminani Drive o " Excavator tracks u, o Zo Kua'iwi N 01 r77, T/ 29793 .. i -r+ .,_ // /:/ //// / / , Recently cleared area I1111;' // /// / / / /// : 7! ,-- // / / ////// � / /// /// / ///!1 , _-_ /// // // / // / �,//:///:/ //// / //////// / , r.--. Project area boundary .V/// / // // , , ,, ' // ////r/ //////////z // /// / //////77,--. ., -,---. // / / // // . / / / /// ////. //// /// // / / / / //// / / / //// / // / //// /. /7r: (/ // / / /// // / i///////' 29792// /// / //111/1//.`!/////// 111,11111/ 1// / / / / / / / //7A/ // /// / // / // / / / / // / / 1/ ///// ////// //./..,A/ / //// ///// / /// / / / / ./// / / ///////// /// // . . ./ // //„1 ' y/ ////////// / , // /////////// / /// / /// / / /// ///////M-w/ / //// ////// // / / /// / // / / / / /////////// / / / 1// / // //// //// ///// / / '///29794/// /.' ' / // / '///i =/// / : // / // / .1111/ 11111 ~,K., ! / N/ /9./ Q ' S!/ ' _____i // 1i1 C h's / /// / / / 1111/ / : '"'-' , /IV. /k/ / '.!/1� 29791 //// / / / r N,.:• ,/ /,E.' //// G ,1 Non-cultural //1 /*/ ///.1./7�--. Low mound of / 1 �'�_ lava blister TU-1 p ///1//1/ Y achine-piled boulders 2 Forested area F-. H r r ` 1 29789 29790 2� 'a / Ixi /7/ X ...„w ro ' ~ — � Ihunroe Street O l> N • ' /,L1/ / /. AA-• i/ i o I z - AB.� / rt ---'--0 m Modem Z ,-1,',. Area disturbed by adjacent landowner mortared o DS wall (n t W O E n' Hawaii Belt Road p 1520 1560 1600 1640 -I .._ . _. ----. - °° m CD Figure 4, Haun and Henry(2016)site location map cn TMK : ( 3 ) 7 - 3 - 005 : 015 Report No . 1324 -081716 Ll-� SI y . - - ss ' +: t 7r -� yy,...., ',� �� - 3'- , f ti r ,�:_' •Wit' ;y ss—' 'Y" f - //- .45464;,.4*,..„-:1--.±.:-., .• 1 :_-___ , - - --: 1* ..-.-...=:i.., _. ..isi Figure 5.Recently cleared area,view to northeast ,�,�uu[[��,,//�,, Fa.4i_0' ..,14',-1!"'{'r`.� 41 `u 4:1'10-'Alf._ t� F , '.Ai .'40,,,,ft ,�, !� i4(V�'40,4". '.-, F� t y3�.fs•,.t� yie yf v t r`°D,�. �`t :*:?„5 i -„,,,-,k, ,�,s i .,,'..?‘74;,,. .-:,,,„-, ''TF ! . . .'27,:- .0§4• . y�y- , '`.I -1 vim k,.ILA-, S 8 7 , /J; :ydi`+c v.'s•- `4' . SF.y,%. v f • 1 .4 7 42,4 i9a.,; L ► Jit! ` x E 't +` 1 '�; F s 7 —r % - :—._f ,------- 4 • '''A ,. l -. F y a 4 a+� +t3 a .rte , � F* �.-'...;..4_,H1=,',.,-..,'';;-:. - s — -s 5a? 'iL�k 4-"Sd`..:. J� � ,:,,,::...,2::-40.,,,,:* M� �. r � sh- e � '�if4 ' � r }sy'-yq '7.* i. � .a YiR-W`� i.ro t,J��- 3 ti y ✓-`' f.l. X b'•r. ,s . �.3,i',`�a -L.• !'-a„..k-e.;,;.'r 7 � � ..,�.,,kms` _.11,f'.0`,,,‘, f zv ... , .. ...,........i„.7.. . e l' tre- - c r eco. `"• q+rx ., �'Aym::_ 4'. - •• _�tt ~ - t��:4, ' . 'MAS y t ct w• 'fi` ”, , ^ • _ • ' ,.. : Thr' rr` .. ,z. �+a-. "�.` T A _ 3y'.. ‘44.2,4_;44 .2.14:-,..s rIre 1 Figure 6.Forested area,view to southwest HAUN & ASSOCIATES I 6 TMK : ( 3 ) 7 - 3 - 005 : 015 Report No . 1324 - 081716 Annual rainfall in the vicinity of the project area ranges from 750 to 1,350 mm (29.5 to 53 inches; Giambelluca et al. 2013). The mean average temperature in this general area is c. 75 degrees F (Juvik and Juvik 1989:51). There are no surface water sources present in the project area. Previous Archaeological Work within the Project Area The project area was subjected to an archaeological inventory survey(AIS) by Haun &Associates (Haun and Henry 2016). This project identified seven sites with a total of 36 features. The sites consist of a pre-contact/early post- contact temporary habitation terrace (Site 50-10-28-29789), a pre-contact/early post-contact agricultural enclosure (Site 29790), an historic livestock control wall (Site 29791), a complex of two historic livestock control walls (Site 29792), a complex of two historic livestock control enclosures (Site 29793), a pre-contact/early post- contact habitation/activity area terrace (Site 29794) and a complex of 28 historic agricultural features(Site 29795). The location of the sites is shown in Figure 4. All of the sites were assessed as significant under Criterion "d"for their information content.The sites have yielded information important for understanding prehistoric habitation, agriculture and ranching activity within the area. The mapping, written descriptions and photography at five sites (Sites 29790, 29791, 29792, 29793 and 29795) adequately documented them and no further work or preservation was recommended. The two remaining sites (Sites 29789 and 29794) retain the potential to yield additional information important for understanding prehistoric and early historic land use. These sites were recommended for data recovery by Haun and Henry (2016:38).This report was reviewed and accepted by SHPD in a January 25, 2016 letter (Log No. 2015.02304, Doc. No. 1601KM14; Appendix A). Following SHPD acceptance of the Haun and Henry (2016) report, the landowner decided to preserve Sites 29789 and 29794. This preservation plan details the proposed treatments for these two sites. Historic Documentary Research Kalaoa is literally translated as "the choker (as a stick for catching eels)" (Pukui et al. 1976:75). Coastal Kalaoa lies within the lava-covered land north of Kailua called Kekaha, which "describes a dry, sun-baked land" (Kelly 1971:2). Kalaoa is divided into Kalaoa 1-5 from north to south, bordered by Hamanamana Ahupua'a to the north and by O'oma 1 to the south (Figure 7). The Kalaoa's extend from the shoreline surrounding Keahole Point inland to approximately 2,200 ft elevation,terminating at the Honuaula State Forest Reserve. There is little mention of Kalaoa in Hawaiian legendary and traditional history. Henry et al. (1993) summarize the limited references. Kalaoa is mentioned in legends of two mythical brothers, Ka-Miki and Maka-'iole. The legends were published by Hawaiian historians J.W.H.I. Kihe and John Wise between 1914 and 1917 in the Hawaiian- language newspaper Ka Hoku o Hawaii and translated by Kepa Maly. According to Henry et al.: The great fishpond call Pa'aiea extended from Ka'elehuluhulu near Mahai'ula to Wawaloli [at Puhili Point] on the border of 'O'oma, the pond was nearly three miles long and a half a mile wide. 1 All sites listed on the State Inventory of Historic Places(SIHP).Site numbers are 5 digit sequential numbers by island:50= State of Hawai'i,10=Island of Hawai'i, 37=Kealakekua quadrangle HAUN &ASSOCIATES ( 7 -1 K N w ----*rn V \ Queen S w / — Kaahumanu Highway t—� 0 6000ft o CJI_I -- yd�e , o ` y—` oh!u 0 2000m cr' 0 a77dnamana ,..17.... -Mdkdul Contour Interval=80 ft 1-11 f ' � d / Airport ` -- ---f..._..-)---.. -,.. tel_ Mamalahoa -- 1-13Highway / -,./,... /if -I — / _j Kalaoa 1-4 ' ' — J z Keahol ---- ii-- ..--- i —— ��(I, ( Ciz-g' Point `, —r —�Tr/ gal Kalaoa 5 >r - tin:�7937 �l ) r g-L • 899 lillrJi_-r�i Project area ()'oma 1 —\-- -��1 Honuaula —— __ _— _ 1 State Forest — _ i Reserve ' s\ \ ) \ 'C 1 _ Z r�^ ()soma 2 `" 1 1400 I 2120 1240 z / \` 1800 1960 D _— - - - loeo 1320 `1480 1640 1720 1880 0 _ 1 MO 1000 1160 m izo 00 leo Kohana Iki soo 680 \ nw, 0 \ \ 360 440 520 o \ \ A D o H co �mn i- (j) V V — f+ CT Figure 7.Ahupua'a boundaries and Land Commission Awards T M K : ( 3 ) 7 - 3 - 0 0 5 : 0 1 5 Report N o . 1 3 2 4 - 0 8 1 7 1 6 The guardian's compounds were situated at Ka`elehuluhulu and Ho'ona [at Kalaoa]. It was at these places that the pond guardians and konohiki dwelt. At these sites were also the supply houses of the chief... (Henry et al. 1993:21) Kaluaolapa was the priest of Kamahoe, which is also called Na Kalaoa-wai-'ole (the waterless Kalaoa_lands) and Hale`ohi`u. The chief of Kalaoa was Kahouhale, his wife was Malumaluiki, and their son was named Kahokukahi. Following the dedication of Ka-Miki's compound at Ka'aipua'a (at Konhana-iki), Kahokukahi was a competitor at 'Iwa'awa'a, the contest site of Pohaku-o-Kane, in the lands of Kohana-iki. During the contests, all competitors surrendered before Ka-Miki's superior skills. When Ka-Miki and his brother were traveling through Hilo, they met with and competed against the chiefess-riddler Kalaoa, and the lands of Kalaoa, in Hilo and Kona, were named for her... (1993:25) Kapukalua, the brother of Kapaihilani, and uncle of Ka-Miki ma, was an expert fisherman and a priest in the Kohanaiki-0'oma area; his canoes were embraced in the sea-mist of the ocean god Apoula. Because of his skills and status, Kapukalua secured Kauhionohua, the beautiful fair-skinned chiefess of O'oma, as his wife. The priest, Puhili, served under Pohaku-o-Kane, father of Ka-Miki and Maka-iole, and officiated over certain rituals of Kohanaiki and O'oma. The lands between Kohanaiki and O'oma, where the priest dwelt, now bear his name. (Henry et al. 1993:27-28) Ellis (1963:31) reported the observations of the Reverends Thurston and Bishop during a walk along the coast north from Kailua in 1823.They described houses along the coast built on lava and small gardens in the lava where sweet potatoes, watermelon,and tobacco were grown. In the 1840s, political acts of the Hawaiian Kingdom government would change the land tenure system in Hawai'i. All lands were segregated into one of three categories: "Crown Lands" owned by the occupant of the throne, "Government Lands" controlled by the state, and "Konohiki Lands" controlled by the chiefs; and "were all subject to the rights of native tenants" (Chinen 1958:29, Beamer 2014:143). In 1846, King Kamehameha III appointed a Board of Commissioners commonly known as the Land Commissioners, to "confirm or reject all claims to land arising previously to the 10th day of December, AD 1845." Notices were frequently posted in The Polynesian (Moffat and Kirkpatrick, 1995); however, the legislature did not acknowledge this act until June 7, 1848 (Chinen 1958:16; Moffat and Kirkpatrick 1995:48-49) and the act is known today as The Great Mahele. In 1850, the Kingdom government passed laws allowing foreigners to purchase fee simple lands (Speakman 2001:91). The Kuleana Act of 1850 allowed for fee simple land ownership by commoners. During the Mahele, Kalaoa Ahupua'a (1-5) became government land (Indices 1929: 31, 35). The Waihona 'Aina (2000) Mahele Database; which is a compilation of data from the Indices of Awards (Indices 1929), Native Register (NR n.d.), Native Testimony (NT n.d.), Foreign Register (FR n.d.) and Foreign Testimony (FT n.d.); indicate that ten individuals claimed sixteen parcels in the Kalaoa's, but only two parcels in Kalaoa 5 were awarded (LCAs 7899 and 7937).Table 1 lists the claimed parcels and the locations of the awarded parcels are shown on Figure 7. The limited data on parcel area ranges from 4.8 to 6.0 acres, excluding a 0.81 ac house lot. One parcel was conveyed in 1841, one in 1843, and one in 1848. Two parcels were given by Kaainoa, and one each was given by Kaluaonaona, Kapaa, and Kamehameha I. Five claimed parcels included houses, one of which was partially enclosed.Thirty-two cultivated plots(kihapai) are listed for the parcels. Taro and sweet potatoes are the only HAUN & ASSOCIATES 19 E W Table 1.Land Commission Awards in Kalaoa Ahupua'a V Apana Apana Other SectionBoundary Boundary Boundary Boundary Date w LCA Claimant Ahupua'a Ili Land Use Giver Acreage Sources Comment daimed awarded daims No. _ Mauka Kau Makai Kohala Recd .. _ 851H Hiwauli 1 0 4 Kalaoa N/D N/D N/D N/D N/D N/D N/D Kam I N/D NR475v2 claimed entre ahupua'a O O 1843 Kaainoa 5.75 NR451v8, awarded parcel in In NT540v4 Kalaoa 5 CD 7899 Kupae 2 1 0 Kalaoa4 N/D 8kihapai N/D N/D N/D N/D N In Kalaoa 5 Kaweo partially enclosed Kekii Haleolono Kahaukala Opuakue house lot,12 kihapai 7906 Kalei 1 0 0 _ Kalaoa 4 Wailele N/D N/D N/D N/D N/D N/D N/D N/D NR471v5 claimant was school superintendant Kalaoa 5 described as 7926 Kanahele 1 0 0 Kalaoa5 N/D house lot N/D N/D N/D N/D N/D N/D 4.80 NR514v8 being in Leleiohoku ahupua'a Kahuku described as an entire i I i in the corner of 9 kihapai 1848 Kaluaonaona 4.87 NR 453v8, Kalaoa 5,Leleiohoku 7937 Kukaaui 2 1 0 539v4 described as owner of ahupua'a Kalaoa 4 N/D N/D N/D N/D N/D N/D Kalaoa 5 Kahuku Kaupulehu Kawao Kihalau Kahuku 7938 Kaikeleaukai 1 0 0 Kalaoa 4 N/D house lot N/D N/D N/D N/D N/D Kaainoa 6.00 NR 516v9 7939 Kanhele 1 0 0 Kalaoa 5 N/D N/D Kalulu Kaholo 2 Kea hole Halelono N/D N/D N/D NR 516v9 claimed entire ili 9239 Kaainoa 2 0 0 Kalaoa 4 Haleolono, N/D Kaloaloa Kalaoa 5 Kaluaolapa Kalaoa 3 N/D N/D N/D NR 545v8 claimed 2 ili Kamuku Kalaoa 4 3 kihapai,kalo, 1841 Kapaa N/D NR 590v8, John sweet potatoes NT 681v8 A 10337 Nawahie 2 0 0 1 Kahuku house lot konohiki fence road konohiki fl) D C 2 Kamuku ND road Kahuku konohiki konohiki 0 Z John rt M 10401 Nawahie 1 0 0 Kalaoa N/D house lot N/D N/D N/D N/D N/D N/D 0.81 NR 595v8 X Z — o 10523 Nawahie John 1 0 0 Kalaoa 4 Kaiwaiholehole forest N/D N/D N/D N/D N/D N/D N/D NR 597v8 N (') Or W l/ 10695 Paina 1 0 0 Kalaoa Apuakahoi N/D Kaiwiholehole Kamuku Poona Kealaehu N/D N/D N/D NR 600v8 claimed entire ili NJ A —I ND=No data 0 m Co — V ,--• F, 0al TMK : ( 3 ) 7 - 3 - 005 : 015 Report No . 1324 - 081716 crops mentioned.The two awarded parcels are situated between 1,200 ft and 1,400 ft elevation and it is probable that the other claims were also for upland parcels. LCA 10523 is described as forest land. Soehren (1985) indicates that the Hawaiian Government began selling land in the vicinity of the project area in 1852.The parcels ranged from 0.5 to 515 acres with an average of 50 acres. Most of the land bordering the alaloa inland,which later became the Mamalahoa Highway,at approximately 1,700 ft elevation,was sold by 1866.A road at approximately 1,100 ft elevation, Alanui Kauila provided access to the seaward sides of the parcels bordering the alaloa inland.A lower branch of the Alanui Kauila was Alanui Kama,which subsequently became Ahiahi Street. Alanui Kauhini was an inland-seaward road seaward of the Mamalahoa Highway that formed the boundary between Homestead Lots 46 and 47(Figure 8). Henry et al. (1993)quote an 1865 letter by Wiltse to the Interior Department regarding his assessment of available lands in Kona: t s Hamanamana, Kalaoa 1 & 2nd Adjoining lands. These lands extend some distance into the forest, but a piece of them below the forest and mauka of the Govt. Road have been sold and Patented, 204Ac. Makai of Road I have surveyed and bargained to sell for 50 cts per Ac. This piece is used as a goat pasture, and is of little value for any other purpose.The remaining part of these lands, about 500 Ac., is of little value. Kalaoa 3rd&4th—About 200 Ac.,of 3rd rate land, 300 Ac. of rocks. Kalaoa 5th—Not in the mahele book but believed to be good land.This land above the Govt. Road has been sold and Patented. Below the road I have surveyed 515 acres which was sold by Sheldon to "Kaakau" & "Kama": who payed him $165.00. As no valuation was made of this land per acre by Sheldon I afterwards valued it myself as follows, 300 Ac. At 50 cts per Ac., 215 Ac. At 25 cts per Ac.The balance due according to this valuation including Patent was$42.75 which was payed to me in March 1864 and forwarded by me to your office.The survey of this land is in your office. If the payments made are satisfactory, these men would be very glad to get their Patent. This is a piece of 3`d rate land, used only as a goat pasture, no improvements on it. Makai of this survey is about 400 Ac. remaining to the Govt., but of very little value. (Henry et al. 1993:34) Henry et al. (1993:36) cite a letter sent to the government land surveyor William D. Alexander in 1888 by thirty- three Hawaiians applying to acquire government lands from O'oma to Hamanamana. The request indicated that the applicant's current land holdings were too small for grazing goats because of the lack of soil. The additional land would enable the applicants to sustain themselves. J.S. Emerson's 1888 field notes, prepared in conjunction with his survey of the Hawaii Territory Survey Map of the Kailua area (Register Map 1280; Figure 9), were reviewed by Henry et al. (1993:37). The notes contain references to six survey stations in Kalaoa: Station "Ke-ana-lele"(The leaping cave) This site in Kalaoa 2nd is a water cave(p. 14) Station"Kuanahia" The ahu of Kuanahia is on the side of a stone wall mauka of the government road in Kalaoa 1St The station was named for a famous warrior-chieftain of Kamehameha I, and he once had a house among the trees behind the station (pp.40-50). HAUN & ASSOCIATES 11 TMK : ( 3 ) 7 - 3 - 005 : 015 Report No . 1324 - 081716 Vkov\ \\times\e ad. Z.o� -1.c40 Urd_ • Ka\.ete u,�koa Ka�,..v,[At ----- - • �< tom Gala X a a 0 Se. 500 \ to :,.\ S • Figure 8.1894 map of Homestead Lot 47 showing Lot 6 and Alanui Kauhini(from Soehren 1985:3) HAUN & ASSOCIATES I 12 K N..ti .. ' A. �.,'\ \ ,ry,..n,. a,-40..,-66' r, J . °" '� 5 h3:I �'`z o -\\‘' • V u�ry Edge of forest`'sr "-- a--,.---.4......- � i ft.'s.... ` \l• o xrn..,,;G.vim rowhfre\....,-4-tr,-. ;� ,,� """ �, ""� �\ M.(...., L C�1-i ��. -- �yii5 ....ro--y m AMA N A .'�'R 'V I \ {\ti\ ���..�..--. .1' cc..rsro x..n..wr,: r� .• ,a.y..sixl 'n .». \ k. Ya�'aao x..• •, -. ^ '\l\ N' ---r-1_.,....-- "= TMK : ( 3 ) 7 - 3 - 005 : 015 Report No . 1324 - 081716 Station"Ka-'eu"(The mischievous one) At/or near a kipuka area in Kalaoa 1st which was formerly cultivated with taro. Station"Kapeke"(Exposed) The station marker is on the ground among the stones of an iwi 'aina (stone alignment-land boundary) between Kalaoa 4th and 5th. The site is 5 feet makai of Ka'ainoa's old pig pen (pp. 81- 82). Station"Konio-hale"(Konio's house) A site on the border of'O'oma 1St and Kalaoa 5th(pp.91-92). Station "Maha-'ula'ula"(Red forehead) Land agent Wiltse set an ahu at the southwest corner of Grant 2972, awarded to Ka'apau and Kama at this point.This is a point of dispute, as the natives say that the ahu is in Kalaoa and not on the"iwi" [stone boundary alignment] between O'oma 15t and Kalaoa 5th(p.91 and 92). Figure 9 depicts the lower forest edge, seaward of the project area between approximately 900 ft and 1,000 ft elevation. The area inland of the project area is labeled as thick forest. This map also indicates that the portion of Kalaoa 5 in which the project area is located was awarded to Kaapau and Kama as Grant 1609.A house owned by Kama was located seaward of the project area, below the lower forest edge. Figure 10 is Wall's 1906 map of the Kalaoa School Lots (Register Map 2349). According to this map, an old Kalaoa School once existed inland of the Government Road in Kalaoa 3 Ahupua'a. The new school was relocated to the adjacent Kalaoa 4 Ahupua'a. The relocated school lot is also depicted on the 1924 USGS Kalaoa Quadrangle map (Figure 11), located to the northeast of the project area.This quadrangle also illustrates the Kapeke survey station present on Figure 9. It also shows several stations in the Kalaoa's that were not present on the 1888 map, including Kapai o Hooka, Kukuinui near the boundary of Kalaoa 5 and O'oma 1 and several unnamed stations. Kelly(1971:12) cites missionary and later census data that documents a decline in the population of North Kona in the 18005. Kelly (1971:13) also cites selections from Bowser's Hawaiian Kingdom Directory for 1880-1881. Named individuals include coffee farmers and goat and sheep ranchers with operations in North Kona between Kaloko and Puuanahulu.A man named Hueu in Kalaoa is identified as a coffee planter who cultivated three of the 200 acres he owned. Consultation Henry et al. (1993) cite John W. H. I. Kihe's recollections about the Kekaha region between 1870 and the early 1920s.According to Mr. Kihe, there were many residents in Kalaoa in the 18705, but by 1924 none were left. Henry et al. (1993)cite oral interviews with two Kalaoa residents. One informant indicated that in the 1920s the land was much less vegetated. Her mother planted lauhala that was used for weaving. The other informant remembered taro, coffee, and avocados being grown. Cultivation required clearing stones from the soil and piling the stones in mounds. During and subsequent to Mr. Stewart's acquisition of the property, he had oral and written communication with the previous landowner Norman Keanaaina regarding past land use. The land was passed down from the original grantees Kaakau and Kamaka Kama through Malaea Keanaaina and has been used by his family for more than 100 years. Mr. Keanaaina grew up in a two story house across the street(Mamalahoa Highway)on the south side of HAUN & ASSOCIATES I 14 TMK : ( 3 ) 7 - 3 -005 : 015 Report No . 1324 - 081716 is HAWAII TERR/TORY SURVEY tki'd-E"titin S ,p,.. �y K.1 L.10.9 SCHOOL LOTS 4 NKONA HAH'A// N. haul apawl d r.avatoXapac1i in 2 Zz1aaa 4 G.FAPV-*I'. it .>.v sec 1 1( A L A 0 A 3 Graaf no Afalimaouaana 1 1 I ,1 t \\._____________ . i I �t , .KrxAw/A+Y t zww• i, 11. i III } . 1 5. I ' ti K A ii L A O A 4 ' I i , i1 i , , i , ' iI I i ; Gr.sso Xa/aaiii 1 I `--- 1 I I io.cara.:.w 1 I I y . 1I az:Alas,:Kama K A L A 0 A 5 b -- Figure 10.Wall's 1906 Hawaii Territory Survey,Kalaoa School Lots-Register Map 2349 HAUN & ASSOCIATES I 15 TMK : ( 3 ) 7 - 3 - 005 : 015 Report No . 1324 - 081716 r n alli 11 --- r ^.."- 3 I . CO ' A- 4I? if— t -,--'( tr. /..---/ * ecoP j...4,A, i 1 . 1.2,,,......._._ 3 A- `S. 4 r 0 I ' . 41 f �- 4 .(am "._..,'""`� ic` / dIII I a ..+ 4 r .✓ 9� !_�4 .....Y 'W. i �-t. • ,+yam". Ot � ..,-- ). .^ ; . ge- ..,..r.„....— 50 i 0 .; — ._,...*..... " .".--ro 1 .7 ...,.„ ...*,,,e1-(f) . illy X----..,.r"- -- 1� -�.,.� N L '- ...».�.✓✓-�a: % % } -� ,-- x,.44., �,o,-. � "� .''''' V Z. ro i1 II k /1'.-K/-. - - ---- - -4 '''-'7-0 7 I •40# ; I ....t- 441 in,,, ,,..__/,../.;" ' --‘.4-;'''''''-- ../-1 . F ,y *•- '. 0 ro .''''''.1"- ---,-S21---- —--- -,... - ro `t a j. J Y a te.., --e-...-...-...,. '. fr I (7 rsi 1 1I Q1 ! t J' jJ c i ---4 . • ----(2) :::1-- i: i t , HAUN & ASSOCIATES I 16 T M K : ( 3 ) 7 - 3 - 0 0 5 : 0 1 5 Report N o . 1 3 2 4 - 0 8 1 7 1 6 Matsuyama Store. The family used the project area as an agricultural farm and for pasture. The neighbors were Reverend Abraham Akaka to the north and Mr. Sasaki to the south. Mr. Keanaaina indicated that there were no family burials on the property. The family's grave site has been Mauna Ziona Cemetery at the Kekaha Protestant Church since 1830. During the Haun and Henry(2016) fieldwork, a family (Sasaki?) member from a residence on the south side of the property provided information concerning a wall remnant (Site 29191) along the inland boundary of the project area. The wall was formerly intact, but much of it was disturbed during roadway improvements to the highway (Mamalahoa/Hawaii Belt Road). IDENTIFICATION OF THE PRESERVATION SITES Site 29789 is a lava tube located in the east-central portion of the project area at elevations ranging from approximately 1,585 to 1,590 ft. The lava tube entrance is located along the western side of a small oval-shaped sinkhole that is 1.75 m long (north-south), 0.75 m wide and 1.5 m in depth below the surrounding ground surface (Figure 13). The depression floor is rubble filled and there is a 0.8 m wide by 0.4 m high opening on to the western side that leads to the interior of the tube. A stacked cobble and small boulder retaining wall is located on the eastern side of the sinkhole, built to prevent stones from falling into the lava tube entrance. The tube extends to the east and west from the entrance.The western side is a linear chamber that is 11.4 m long(east- northeast by west-southwest), 1.3 to 2.5 m wide with ceiling heights ranging from 0.5 to 1.85 m. The floor is bare lava and there are areas of roof fall present to the west of the entrance and along the southern wall. Scattered fragments of charcoal and kukui nut shells are present on the floor. There are two short passages located at the west end of this chamber; one extending to the west (1.35 m long, 0.85 m wide and 0.2 m high) and one to the southwest (5.0 m long, 0.75 m wide and 0.2 to 0.3 m in height). No cultural remains are present in these chambers. A passage extends off the south wall of the western chamber.This passage is 2.25 m long and opens to a small chamber that is 1.75 m long (northwest by southeast), 1.25 m wide, and 0.9 m in height. The floor in this small chamber is bare lava with scattered kukui nut shells. Narrow passages extend to the southwest and northeast from the small chamber. The passage to the southwest, with a ceiling height of only 0.16 m, is inaccessible. Observations from the entrance indicate that it is at least 1.7 m long and 0.35 m wide with no cultural remains.The passage to the northeast is 2.4 m long and 0.25 to 0.65 m wide with ceiling heights that range from 0.2 to 0.3 m. The northeast end of this passage is also inaccessible, but observations from the northeast end indicate that it connects with the eastern side of the main lava tube. The eastern side of the lava tube is accessed through a passage between the northern wall of the tube and the rubble filled entrance. This eastern passage extends 6.4 m to the northeast then angles to the southeast for 3.0 m where it terminates.The passage is 1.0 to 1.8 m wide with a bare lava floor and ceiling heights that range from 0.5 to 1.22 m. Areas of roof fall are present along the south wall and at the eastern end. A fragment of burned kukui nut shell is present on the floor in the western portion of the tube and scattered unburned kukui nut shells are present on the floor at the eastern end. A narrow side tube extends off the north wall of the eastern chamber. This passage is 2.75 m long, 0.75 m wide with ceiling heights that range from 0.25 to 0.5 m.The floor is bare lava and no cultural remains are present. Site 29789 is interpreted as a pre-contact and/or early post-contact temporary habitation shelter based on its formal type and the presence of cultural remains. The entrance was altered by the recent ground altering disturbance. The site is in fair to good condition. It is assessed as significant per HAR §13-284-6 under Criteria d (information content). HAUN 8c ASSOCIATES 17 ..,',.:444':'•1.-03.4 fi' a A + '/‘ mom'"^- —1 N'� , ,J~ 4 ° ' l 0 4• �4 z4 r Interior of lava tube • / '' ;1 F� +Y •: v e° r •-4".',,. ,�'�4. . ' ♦ .+*Y' ' " �<< `( ROOF fall 1 .. w,.�,� a 9L al'..-",4 N• 4 . r 1 et a -w i wi,3 (0.3)=Height in meters v F J * , AF Slope direction '- (i• , s.; �' l'.:/„.."-','42,. ',, *W / % c=Charcoal LLi (Al ', ^f t,�., ,, 4'n^,tir ,.' K=Kukuinutshell N.,-3;› ,'� ` y 4 W F £.j isy � � r BK=Burned kukul nut shell 0 A. o -, : ✓ f .-q If.. Bare lava floor (0.25) •` / • a 1 s't • J ',"---- .7"--,,,o'-.--.— bx�� a;fit ,r+r,t . fi �ry (1.0) y 1 '44.'2" � It ;' • , • e 1 rif: v y ^u��" N"d,., rf' o• ,J 'R (1.0 • ` - ,''''''.:::".4-dr,.' \' l.`.-,:.,.—!.�-'.: '�... .,, v° f__._1 - '. z (0.5) �/ Vertical entrance i Entrance to lava tube,view to west (1.1 m deep) Datum Bare lava floor - Yr (1.22) ,. r*" Seed pod, .,. - ,.., ✓ :.-, BK - • ' "' • , / Fr • A '- r r Bare lava floor v K t •4•( ► ,.�%' i -) '-« ( , (0.2) ' ' ,rxr' C 15 ^ �. X0.2 - .K5/(0.!) : (0 7) (1.1) C (0.6) 'C C � s 1(0 5) Stacked stone retaining wall N rD �' (0.3) (1.85) •K •K. on side of sinkhole o C ., . • • , 0 Z . ,j� �F, , / (0.93) � (0.16)."-,.;/.>>,,/,•<'<-•:.,-‹ S ' ' Z Bare lava floor 0 13.5 feeto U) l! '0.2), Inaccessible passage 1"'• 0 4.5 meters w O m,^^ CO Cl) v 00 Figure 12.Site 29789 plan map and photograph 1 i T M K : ( 3 ) 7 - 3 - 0 0 5 : 0 1 5 Report N o . 1 3 2 4 - 0 8 1 7 1 6 Site 29794 is a large terrace located at approximately 1,585 ft elevation. The terrace is located on the side of a gentle slope to the west. Roughly stacked and piled cobble and small boulder retaining walls extend along the west and north sides (Figure 13).The terrace is 7.9 m long(north-south) by 6.2 m wide,with the retaining walls ranging in height from 0.5 to 1.8 m. The surface of the terrace is level and is covered in a thick mat of mulch. No cultural remains are visible on the mulch-covered surface of the structure. A 1.0 by 1.0 m test unit (TU-3) was excavated in the northwestern portion of the terrace surface (see Figure 13). This excavation revealed 0.08 to 0.1 m of mulch overlying a 0.13 to 0.2 m layer of very dark brown (10YR 2/2) silt with 25% gravel, pebble and cobble inclusions (Layer I). Cultural remains recovered from Layer I consist of 17 volcanic glass flakes (9.0 grams), 13.2 grams of charcoal, and 3.2 grams of burned kukui nut shell fragments. Bedrock was encountered beneath the Layer I deposit. Site 29794 is interpreted as a prehistoric habitation/activity area.The abundance of volcanic glass and the absence of food remains suggest that the structure may have been used for specialized plant processing activity. The site was altered by the recent disturbance to the project area and is fair condition. It is assessed as significant per HAR §13-284-6 under Criteria d(information content). PRESERVATION PLAN This Preservation Plan provides specific protective measures for two sites in the subject parcel (Sites 29789 and 29794). The landowner plans to create a six lot subdivision within the project area. He further proposes the creation of a 0.12 acre archaeological preserve containing Sites 29789 and 29794,to be situated within Lot 5 of the subdivision (Figure 14). This archaeological preserve will be protected and preserved during and after the development of the project area. This plan addresses the preservation areas, access, and specifications for protective measures during and after construction. Forms of Preservation Preservation is a mitigation strategy in which a historic property and the qualities that contribute to its significance are preserved. Mitigation consists of specific measures to avoid, limit or minimize adverse effects resulting from development activity. Specific mitigation measures can consist of documentation and archaeological excavation (data recovery) and preservation, among others. DLNR-SHPD rules recognize several forms of preservation (HAR §13-13-277). These consist of avoidance and protection (conservation), stabilization, rehabilitation, restoration, reconstruction, interpretation and appropriate cultural use. The form of preservation for Sites 29789 and 29794 is avoidance and protection (conservation). This form of preservation is the most appropriate manner of mitigating the effects of development within the parcel because the sites can be easily avoided. Conservation in this plan means preserving a site in place and ensuring that the site's physical integrity is not compromised by means of avoidance and protection. This means that the sites will be avoided during development and protected during and after development. There are penalties for damage to a historic property on state or private land, including the imposition of monetary fines (Hawai'i Revised Statutes § 6E-11).There are no plans for interpretation of Sites 29789 and 29794. Site protection will require an active effort on the part of the landowner to ensure development does not inadvertently cause impacts to the historic properties. This plan formalizes the long-term commitment site preservation will entail. The location of the sites will not be available for public access and no additional forms of preservation are proposed. HAUN &ASSOCIATES J 19 H (0 5) N-3-North wall profile (1,8) $ 4% ����.�4At Mem • (0) ��) Laved CU 1 �� ir , , o 7 TU-3 i i • - '/�Bedr do ////,//// �// O l % / 0 1.om O Datum , r to (1.0) Layer I-Very dark brown(10YR 2/2)silt with 25%grave l,pebble and cobble Inclusions; "ant% cultural remains present Portion of retaining wall depicted I lir rill r i N .r♦ I . Level soil covered in mulch ape. W m 114 0 S 9.0 feet 0 3.0 meters T . Slope direction (0.6)=Height in meters 0 ( ) Terrace retaining wall,view to east-southeast iiii 14(0.6) { 't a7 11411111/ two s . �'s I '� �'`1 ,,, k1 f s `s '� '6� r • Kx4 a 3 f -; fir, i I I j7\ to „,,,.. ,........1...-11 .,,art„• -'e",..7 ,. r 'hcd''r 7",�4r _i•C8s r r 1`I , I If 1t i � ,� - �� a .. ,.. D, 'Z�i -f ,-- - �i ° ''(:,iii_s�' ,Y•,/jj \I I Z \\\\\\\\\\ \ \ \ \ .•,•".',I"f�-` k-• „� \h / ... J \\ rrD, Excavator track K, ,Po "' t ., 1 y ,,�,Y:s.: o V 1 l.. -;-'4' f I, 5i. �` r 0 (0.3) `� . s i f,.G�4" t 94 � w w t ! 4,. A r � - coI Iii Io . ,,,,. ' ��m 111111 )X _ CD I Figure 13.Site 29794 plan map and photograph H K w 0 180 feet —_______ - ---- 0 60 meters w 0 0 Keiminani Drive cn - 10 ft permanent buffer around proposed archaeological preserve c n -- 20 ft temporary buffer around proposed archaeological preserve \\ Site number pre fixed by 50-10 28- \ 1 _____ ____ _ Project area boundary Lot 1 Lot 5 ' Lot 2 Lot 3 Lot 4 ,/ 29794 L - ` New __ ./� T.. _-~ >� Lot 6 I u .....--/ 29789 r i Po 1 ` m humoe Street -o C N i o 3 =y,y_ m Modem A if'` mortared Z (n S / wall o (1) r 0 i Hawaii Belt Road w w O 1520 1560 1600 1640 p w,_ ...ate.. _._o_ x.. .M,. O ITI Figure 14.Tentative subdivision plan showing proposed archaeological preserve with Sites 29789 and 29794 00 V N 01 T M K : ( 3 ) 7 - 3 - 0 0 5 : 0 1 5 Report N o . 1 3 2 4 - 0 8 1 7 1 6 Conservation Measures Conservation for Sites 29789 and 29794 will require immediate, short-term and long-term protection measures. These measures provide for actions to ensure the site is protected in perpetuity and that damage does not occur through negligent or unintentional means and can be implemented as soon as feasible. The landowner will be responsible for implementing the preservation measures contained in this plan. Immediate Conservation Measures Two conservation measures can be implemented as soon as feasible upon acceptance of this Archaeological Site Preservation Plan. A licensed land surveyor is required to establish the metes and bounds description of the 0.12 acre archaeological preserve containing Sites 29789 and 29794. All requirements and restrictions of this preservation plan, including the metes and bounds description of the permanent buffers and a map showing the preservation areas,will be incorporated into the property deed as a restrictive covenant and will be recorded with the Bureau of Conveyances with a copy sent to SHPD. Short-Term Conservation Measures Short-term conservation measures will be implemented both prior to and during all phases of development. These measures include installation of a physical barrier 20 ft from the edges of Sites 29789 and 29794, or 10 ft from the 10 ft permanent buffer (see Figure 14). The temporary buffer will be comprised of fencing installed prior to the commencement of any ground altering activity. The fencing will consist of orange safety fence that is ultraviolet ray resistant high-density polyethylene with diamond or square mesh, with a minimum weight of 20 lbs per 100 ft by 4 ft wide.The fencing will be removed following the development of the parcel. Long-Term Conservation Measures As stated, the form of preservation for the project is avoidance and protection (conservation). This will be accomplished by protecting the sites during and after the development of the project area. Long-term conservation measures will consist of maintaining the current condition of the archaeological preserve containing Sites 29789 and 29794.The landowner will notify DLNR-SHPD of any degradation or change of site condition. Preservation buffers A permanent buffer zone is stipulated in this plan. A buffer of 10 ft is to be established from the edges of Sites 29789 and 29794, creating the 0.12 acre archaeological preserve (see Figure 14). The extent of this buffer will be established by a licensed land surveyor. No physical barrier will mark the permanent buffer. Access The landowner will have unlimited access to the sites, but no provision is made for public access. SHPD personnel will have access to inspect the archaeological preserve. The SHPD inspections will occur with prior notice to the landowner. HAUN & ASSOCIATES 122 T M K : ( 3 ) 7 - 3 - 0 0 5 : 0 1 5 Report N o . 1 3 2 4 - 0 8 1 7 1 6 TRANSLATION OF HAWAIIAN WORDS2 ahu- altar,shrine or cairn ahupua'a-traditional Hawaiian land unit usually extending from the uplands to the sea konohiki—headman of an ahupua'a land division under the chief Mahele-land division of 1848 makai—towards ocean mauka—inland pahoehoe—Smooth, unbroken type of lava, contrasting with a'd REFERENCES Beamer, Kamanamaikalani 2014 No Makou Ka Mona Liberating a Nation. Kamehameha Publishing 2014, Honolulu, HI. Chinen,Jon J. 1958 The Great Mdhele:Hawaii's Land Division of 1848. University of Hawai'i Press. DNLR(Department of Land and Natural Resources 2003 Hawai'i Administrative Rules, Title 13, Department of Land and Natural Resources, Subtitle 13, State Historic Preservation Division Rules. Ellis,W. 1963 The Journal of William Ellis, Narrative of a Tour of Hawai'i, or Owhyee. Honolulu:Advertiser Publishing Co. FR n.d. Foreign Register of Kuleana Claims Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawai'i State Archives. FT n.d. Foreign Testimony Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawai'i State Archives. Giambelluca,T.W.,Q.Chen,A.G. Frazier,J.P. Price,Y.-L. Chen, P.-S.Chu,J.K. Eischeid,and D.M. Delparte 2013 Online Rainfall Atlas of Hawai`i. Bull.Amer. Meteor. Soc. 94,313-316, doi: 10.1175/BAMS-D-11-00228.1. 2-from Wehewehe.org HAUN & ASSOCIATES 123 T M K : ( 3 ) 7 - 3 - 0 0 5 : 0 1 5 Report N o . 1 3 2 4 - 0 8 1 7 1 6 Haun,A.,and D. Henry 2016 Archaeological Inventory Survey, TMK: (3) 7-3-005:015, Kalaoa 5 Ahupua'a, North Kona District, Hawai'i Island. Haun &Associates report 928 prepared for Richard Stewart. Henry,J.,S. Goodfellow and K. Maly 1993 Archaeological Assessment Study, Kailua to Keahole Region State Lands, LUC Project, Lands of Makaula, Hale'ohi'u, Hamanamana, Kalaoa 1-4, Kalaoa 5, Ooma and Ooma 2, North Kona District, Island of Hawai'i. (PHRI Report 1275. Prepared for Helber, Hastert& Fee. Indices 1929 Indices of Awards Made by the Board of Land Commissioners to Quiet Land Titles in the Hawaiian Islands. Territory of Hawai'i, Honolulu. Juvik,S.P. and J.O.Juvik(editors) 1998 Atlas of Hawaii,Third Edition. University of Hawai'i Press. Honolulu. Kelly, M. 1971 Kekaha: 'Akio Malo'o. A Survey of the Background and History of Kaloko and Kukio, North Kona, Hawaii. Departmental Report Series 71-2. Department of Anthropology, B.P. Bishop Museum, Honolulu. Maly, K. 1996 Appendix A—Historical Documentary Research. Archaeological Inventory Survey, Hienaloli 3 and 4, North Kona District, Island of Hawai'i (TMK: 7-5-11:2) by Henry, J., T. Wolforth and P. Rosendahl. PHRI Report 1348-032996. Prepared for Maryl Development, Inc. Moffat, R. M.and G.L. Kirkpatrick 1995 Surveying the Mahele: Mapping the Hawaiian Land Revolution. Palapala'aina. Editions Limited, Honolulu. NR n.d. Native Register of Kuleana Claims Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawai'i State Archives. NT n.d. Native Testimony Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawai'i State Archives. Pukui, M.,S. Elbert and E. Mo'okini 1976 Place Names of Hawaii. University of Hawai'i Press, Honolulu Sato, H,W. Ikeda, R. Paeth, R.Smythe,and M.Takehiro 1973 Soil Survey of the Island of Hawai'i, United States Department of Agriculture,Soil Conservation Service, In Cooperation with the University of Hawai'i Agricultural Experiment Station. Speakman, C.E.,Jr. 1978 An Informal History of the Hawaiian Island. San Rafael: Pueo Press. HAUN & ASSOCIATES 124 TMK : ( 3 ) 7 - 3 - 005 : 015 Report No . 1324 - 081716 Waihona 'Aina Corporation 2000 The Mahele Database,Waihona.com Wehewehe.org 2016 Hawai'i Electronic Library -Na Puke Wehewehe 'Olelo Hawai'i Wolfe, E., and J. Morris 2001 Geological Map of the Island of Hawai'i. U.S. Department of the Interior. U.S Geological Survey HAUN &ASSOCIATES 125 ZA DAVID V.IGE , 't ^ -�:4 y- SU CHAIRPERRSOoNSE GOVERNOR OF HAWAII ,1/10,Er 9A? 7� BOARD OF LAND AND NATURAL RESOURCES '_• COMMISSION ON WATER RESOURCE MANAGEMENT 122KEKOAKALUHIWA 0.0'd N dlRi ii fj',y, FIRST DEPUTY JEFFREY T.PEARSON 1 'V-'- S:; F• DEPUTY DIRECTOR-WATER b ruIi' AQUATIC RESOURCES rfN -+-"'VY•q,51Y2 BOATING AND OCEAN RECREATION ,ry BUREAU WATER CONVEYANCES �lt % STATE OF HAWAII LO NSER ON VATIONSTALLARESOURCE AGEMI7JT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT State of a+�o DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY AND WILDLWE HISTORIC PRESERVATION KAI IOOLAWE ISLAND RESERVE COMMISSION STATE HISTORIC PRESERVATION DIVISION LAND KAKUHIHEWA BUILDING S"TATE PARKS 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 October 26,2016 Alan Haun, PhD Log No. 2016.02017 Haun and Associates Doc.No. 1610KM06 73-1168 Kahua A`o Road Archaeology Kailua-Kona,Hawaii 96740 Dear Dr.Haun: SUBJECT: Chapter 6E-42 Historic Preservation Review— Archaeological Preservation Plan for Sites 50-10-28-29789 and 50-10-28-29794 Kalaoa 5Ahupua`a,North Kona District,Island of Hawaii TMK: (3)7-3-005:015 Thank you for the opportunity to review the draft plan titled Archaeological Site Preservation Plan Sites 50-10-28- 29789 and 29794, Kalaoa 5 Ahupua'a, North Kona District, Island of Hawaii, TMK: (3) 7-3-005:015 (Haun and Henry,October 2016).The State Historic Preservation Division(SHPD)received the draft plan on August 22,2016. The SHPD accepted the archaeological inventory survey for the project on January 25,2016 (Log No. 2015.02304, Doc.No. 1604KM 14). This preservation plan for two sites was prepared at the request of the landowner, Mr. Richard Stewart. The project area is a 3.992-acre lot in a suburban area between Mamalahoa Highway(Hawaii Belt Road)and Ihumoe Street. Mr. Stewart plans to subdivide the property into a six lots and rezone the property from agricultural usage to residential/agricultural(RA)for future development purposes. Haun and Henry (2016) conducted an AIS for the entire parcel. Fieldwork for the AIS included a 100%pedestrian survey and subsurface testing involving excavation of three test units (TU-1 through TU-3). The pedestrian survey identified a total of seven sites: a lava tube system with several passages that contained burned and unburned kukui nut shell fragments (Site 50-10-28-29789); a remnant rock wall enclosure (Site 50-10-28-29790); a remnant stone wall west of Mamalahoa Highway (Site 50-10-28-29791); an L-shaped and faced wall (Site 50-10-28-29792); a complex with two large stone enclosures (Site 50-10-28-29793); a terrace wall (Site 50-10-28-29794); and a complex of agricultural mounds and other features (Site 50-10-28-29795) related to the Kona Field System (Site 6601). The AIS interpreted Sites 29789,29790,29791, 29792,29793,29794, and 29795 as four single feature sites and three complexes dating from the pre-Contact to Historic period which were utilized for agricultural, habitation and activity areas, and animal husbandry purposes. Pursuant to Hawaii Administrative Rules (HAR) §13-284-6, all of the sites were determined significant under Criterion"d"for their information potential. The report recommended archaeological data recovery for Site 29789 (lava tube) and Site 29794 (terraces), and no further work or preservation for Sites 29790,29791,29792,29793,and 29795.The project effect recommendation was"effect, with proposed mitigation commitments." SHPD concurred with the site significance assessments and with the effect determination,and the mitigation recommendations. Subsequent to the AIS acceptance, the landowner has agreed to preserve Sites 29789 and 29794 in lieu of conducting additional data recovery work. Sites 29789 and 29794 will be preserved within a proposed 0.12 acre archaeological preserve within the Lot 5 of the planned subdivision. The plan outlines the following protection measures: Exhibit D Dr.Haun October 26,2016 Page 2 (1) The 0.12 preserve area shall remain undisturbed during, and after subdivision construction and development; (2) The metes and bounds of the preserve containing Sites 29789 and 29794 shall be surveyed and recorded on a plat map and submitted to the Bureau of Conveyances; (3) The preserve area shall be incorporated into the property deed for Lot 5 as a restrictive covenant; (4) An interim buffer of 20 ft. shall be established around Sites 29789 and 29794; (5) A permanent 10 ft. buffer shall be established around Sites 29789 and 29794 and recorded as part of the preserve area; (6) No interpretive signs are proposed and no public access is planned;and (7) The landowner is responsible for maintaining the preserve area and notifying the SHPD of any damage or alterations to Sites 29789 and 29784. The preservation plan is well written and meets the requirements of HAR §13-277. It is accepted. Please send two hardcopies of the document,clearly marked FINAL, and a text-searchable PDF version to the Kapolei SHPD office, attention SHPD Library. Additionally, pursuant to HAR §13-284, SHPD requests to receive verification of the interim protection measures prior to subdivision development and/or construction commencing. SHPD also requests to receive confirmation of the preservation area on the final plat map prior to the subdivision approval. Please contact Kimi Matsushima at (808) 692-8027 or at Kimi.R.Matsushimac hawaii.gov for questions regarding archaeological resources or this letter. Aloha, %Atm., A.. Lclitro Susan A. Lebo,PhD Archaeology Branch Chief SUZANN E Dcase DAVID Y.IGL << o r M4ti- WARD LAND AND ttx�� n oovF7oToa 6 HAWAII 4' .to FE• .4�' CaOOt9O' WATER 103CRDICE MANACOmtT - - pfYpAKALUBIWA _.,r•EIL FIRST DEPUTY dire aro '^ _ Juv aEY T.PETERSON . � ! 1'.'Y+ CERITt0Oama-%Mini .'� s,.•.:• a/.jAQUATIC RESOURCES -' - ,'. BOATING AND r BUREAU 6 MANTES V. CUnOOfm/O+WATER ISEXURCE MANAGEMENT CONSERVATION MO COASTAL LANDS STATE OF HAWAII `NATIONAND MOOR=FMOINEERNO " .ry,,, DEPARTMENT OF LAND AND NATURAL RESOURCES YFRRESERVATFaN Rd LAJWAWE mwro RESERVE COOmsO+ LAND STATE HISTORIC PRESERVATION DIVISION STATE KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 April 19,2017 IN REPLY REFER TO: Michael Yee,Planning Director _- Log No. 2016.02017 County of Hawaii Doc.No. 1704SL06 101 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 Dear Mr.Yee: SUBJECT: Chapter 6E-42 Historic Preservation Review—REVISED COMMENTS County of Hawaii Permits for Richard Stewart,3.992-Acre Property Kaloko 5th Ahupua`a,North Kona District,Island of Hawaii TMK:(3)7-3-005:015 This letter updates the TMK reported in our earlier correspondence (Log No. 2016.02017, Doc.No. 1703SL1I) to TMK:(3)7-3-005:015. The landowner,Richard Stewart,purchased the subject parcel in 2009 and proposed to subdivide this property into a six lot parcel and rezone the property from agricultural usage to residential/agricultural(RA)for future development purposes. In response to the rezoning application the State Historic Preservation Division(SHPD) conducted a site visit of the property and determined an archaeological inventory survey (AIS) was warranted to identify any potential surface or subsurface historic properties. SHPD further indicated that the MS needed to be submitted for SHPD review and acceptance prior to final subdivision approval and any ground disturbing activities(November 9, 20009;Log No.2009.4075,Doc.No.0911 MD02). Prior to the MS being conducted, the landowner had work done to remove vegetation covering much of the property. Approximately 2.834 acres were cleared primarily along the northern boundary and extending into the central portion of the property.The clearing activities were done between February 2 and 20,2013 using a chipping attachment on a track-mounted excavator machine. Upon completion of the clearing activities, the County of Hawaii issued a Correction Notice on February 23, 2013, preventing further clearing activities and prompting removal of the machine (October 21, 2015, letter correspondence, Richard Stewart). Pursuant to Hawaii Revised Statutes(HRS) 6E-11(c) it was determined that Mr. Stewart had not submitted a grubbing permit for SHPD review and approval and was found to be in violation of Hawaii Administrative Rules(HAR) §11-55. SHPD determined a number of agricultural sites within the property had been adversely impacted by the clearing work and consequently, Mr.Steward was fined a total of$9,400 for which he paid in full. Subsequently, the requested MS was conducted by Haun & Associates at the request of the landowner, Richard Stewart. The AIS was completed for the entire 3.992-acre property parcel.The MS documented varying degrees of disturbance for all the sites identified in the project area with the exception of the lava tube(Site 29789). Overall, the MS considers Sites 29789,29790,29791,29792,29793,29794,and 29795 to consist of four single feature sites and three complexes. The sites variously date from the pre-Contact to Historic period and were utilized for agricultural, habitation and activity areas, and animal husbandry purposes. Pursuant to HAR §13-284-6, all of the sites were determined significant under Criterion "d" for their information potential. Additionally, Site 29795 is considered to be an element of a larger complex, the Kona Field System (Site 6601). The report recommended Pvhihit P Michael Yee,Planning Director April 19,2017 Page 2 archaeological data recovery for Site 29789 (lava tube) and Site 29794 (terraces), and no further work or preservation for Sites 29790, 29791,29792,29793, and 29795. Pursuant to HAR §13-284-7,the AIS project effect recommendation was "effect, with proposed mitigation commitments." SHPD concurred with the site significance assessments,with"effect,with proposed mitigation commitments"and mitigation in the form of archaeological data recovery in the form of excavation at Sites 29789 and 29794. The SHPD also concurred with the mitigation recommendation of no further work for Sites 29790,29791, 29792,29793,and 2979.The MS report was accepted by the SHPD on January 25,2016(Log No.2015.02304,Doc.No. 1601 KM 14). Subsequent to the MS acceptance,the landowner agreed to preserve Sites 29789 and 29794 in lieu of conducting additional data recovery work. Sites 29789 and 29794 would be preserved within a proposed 0.12-acre archaeological preserve within Lot 5 of the planned subdivision. The plan outlines the following protection measures: (1) The,`0.12 preserve-erea4liall,remaamthsturbeljeig,And after subdivision,construction and development; (2) The metes and bounds of the preserve containing Sites 29789 and 29794 shall be surveyed and recorded on a plat map and submitted to the Bureau of Conveyances; (3) The preserve area shall be incorporated into the property deed for Lot 5 as a restrictive covenant; (4) An interim buffer of 20 ft.shall be established around Sites 29789 and 29794; (5) A permanent 10 ft.buffer shall be established around Sites 29789 and 29794 and recorded as part of the preserve area; (6) No interpretive signs are proposed and no public access is planned;and (7) The landowner is responsible for maintaining the preserve area and notifying the SHPD of any damage or alterations to Sites 29789 and 29784. The SHPD accepted the preservation plan(Haun and Henry, October 2016) for Sites 29789 and 29794 on October 26, 2016 (Log No. 2016.02017, Doc. No. 1610KM06). The SHPD also requested to receive verification of the interim protection measures prior to subdivision development and/or construction. On March 1,2017,the SHPD received verification from Haun&Associates indicting that the temporary buffer was installed 20 ft. from the edges of Sites 29789 and 29794.The two sites are situated in close proximity to each other and are located within a single preservation area. Alan Haun inspected the temporary buffer fencing on January 23, 2017. Based on the above information,the permit issuance process may continue. The landowner is responsible for completing the following preservation measures prior to selling the property: (1) The metes and bounds of the preserve containing Sites 29789 and 29794 shall be surveyed and recorded on a plat map and submitted to the Bureau of Conveyances;and (2) The preserve area shall be incorporated into the property deed for Lot 5 as a restrictive covenant The landowner(current and future)is responsible for the following preservation measures: (1) The 0.12 preserve area shall remain undisturbed during, and after subdivision construction and development;and (2) The landowner is responsible for maintaining the preserve area and notifying the SHPD of any damage or alterations to Sites 29789 and 29784;and (3) In the event that historic properties such as lava tube openings,concentrations of artifacts,structural remains or human skeletal remains are found during construction activities please cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division at(808)933-7651. Please contact Susan Lebo, Archaeology Branch Chief, at(808) 692-8019 or at Susan.A.Lebo a)rawaii.gov if you have any questions or concerns regarding this letter. fi Michael Yee,Planning Director ,� April 19,2017 • page 3 Aloha, ' r Alan S.Downer,PhD Administrator,State Historic Preservation Division Deputy,State Historic Preservation Officer cc: �' f t. • Richard Stewart 78-7118A Puuloa Road Kailua-Kona,HI 96740 Alan E.Haun,PhD Principal Investigator Haun&Associates 73-1168 Kahuna A`o Road Kailua-Kona,HI 96740 haun@haunandassociates.com SETTLEMENT AND RELEASE AGREEMENT THIS SETTLEMENT AND RELEASE AGREEMENT(hereinafter referred to as the "Agreement") is made and entered into by and between RICHARD M. S 1"EWART and CYNTHIA A. STEWART (hereinafter referred to collectively as the "Stewarts"), and KEICHI IKEDA and GRACE H. IKEDA, individually and as Trustees under the unrecorded Revocable Trust Agreement of Keichi Ikeda and Grace H.Ikeda dated March 5, 1997,hereinafter referred to collectively as the "Ikeda'"), with reference to the following facts: RECITALS WHERE S, the Stewarts are the fee simple owners of that certain parcel of real property situated at Kala 5th, District of North Kona;Island and County of Hawaii, State of Hawaii, being a portion of Grant 2972 to Kaapau and Kama, and designated on the tax maps of the Third Taxation Division of the State of Hawaii as Tax May Key No. 7-3-005:015; WHEREAS, the Ikedas are the fee simple owners of Lot 31 of the Kona Acres subdivision located at 73-1489 Ihumoe Street,Kailua-Kona,Hawaii, and designated on the tax maps of the Third Taxation Division of the State of Hawaii as Tax Map Key No. 7-3-005:080; WHEREAS,the Stewarts'property and the Ikedas'property are located adjacent to each other in part as shown on the property tax maps and subdivision plat for Kona Acres Subdivision, as amended; WHEREAS, the former owners of the Stewarts' property submitted a parcel consolidation and resubdivision("PCRS") application with the County of Hawaii ("County") to transfer ownership of an approximately 340 square foot portion of the Ikedas'property in the area of the common boundary with the Stewarts'property in exchange for the receipt of ownership of an approximately 500 square foot portion of the Stewarts'property ("property exchange"); WHEREAS, on or about January 20, 2009,the County approved the PCRS; WHEREAS, certain disputes have arisen between the Stewarts and the Ikedas (hereinafter referred to collectively as the "parties")regarding the property exchange which led to the initiation of an action in the Third Circuit Court of the State of Hawaii as Civil No. 09-01- 142K(hereinafter referred to as the"Action"); WHEREAS, the parties now desire and intend to amicably resolve the Action and any and all claims, disputes and disagreements that they may have relating to the property exchange without further determination of any legal or equitable rights of any of the parties hereto, and without any admission of liability, blame or fault on the part of any party hereto; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the parties hereto agree as follows: 4814-2017-3315.1.061611-00001 06-15-09 Exhibit F 1. Adjustment of Common Boundary Line; Exchange of Deed. The Stewarts and the Ikedas approve the PCRS and accept the measurements shown in the PCRS and amended property descriptions as the adjusted description of their respective properties. Upon the execution of this Agreement by all parties, the Ikedas shall execute and deliver to the Stewarts' attorney the deeds which were prepared in conjunction with the PCRS and exchange that received final approval from the County on or about January 20, 2009. The Stewarts, at their expense, shall thereafter record the deeds in the Bureau of Conveyances of the State of Hawaii and shall provide the Ikedas (through their attorney) with recorded copies of the deeds. 2. Notice of Future Subdivision. The Stewarts agree that in the event that they further subdivide their property, they will allow the Ikedas, upon request, to review any plans or drawings submitted to the County. 3. Future Subdivision of Stewarts Property; Further Adjustment of Common Boundary Line. The Stewarts agree that in the event that they further subdivide their property, the common boundary with the Ikedas' property will be further adjusted such that the north corner of the common boundary will be placed so that it intersects with the southeast corner of Lot 14 of the Kona Palisades subdivision. Attached hereto as Exhibit "A" is a map which depicts the future adjusted common boundary. The.Stewarts will bear all costs, if any, to survey and map the adjusted boundary line,to process the subdivision application, and to draft and record any conveyance documents. The Ikedas agree that they will cooperate with the Stewarts in the rezoning and subdivision process, which includes but is not limited to, promptly executing and delivering to the Stewarts or their agents or representatives all documentation, consents and approvals needed for rezoning or further subdivision of the properties. 4. Barrier. The Stewarts agree that in the event that they further subdivide their property, they will erect or require any subsequent owner of their property to erect and maintain an appropriate barrier along the common boundary with the Ikedas' property for privacy purposes. The barrier may consist of a wall, fence or low maintenance planting screen (or a combination of a wall, fence or planting screen) which must be erected before the construction of any structure on any lot which is immediately adjacent to the common boundary. This requirement will be placed in any deed that conveys the affected lot to a future buyer or grantee. 5. Drainage. The Stewarts agree that in the event that they further subdivide their property, they will incorporate measures into the development of their property to address water runoff from their property as may be required by the County. 6. Dismissal of Action. The Stewarts' attorney shall dismiss the Action upon the execution of this Agreement by all parties and the Ikedas execution and delivery of the deeds as required by Paragraph 1 hereinabove. 7. Attorneys Fees and Costs. Subject to the provisions of Paragraph 22 hereinbelow, the parties shall each bear their own attorneys fees and costs incurred in the negotiation of this Agreement, the Action and the matters related thereto. 4814-2017-3315.1.061611-00001 2 06-15-09 8. Release. In consideration of the foregoing, the parties, for themselves and their representatives, agents, attorneys, heirs, devisees, successors and assigns, and each of them, absolutely, fully and forever releases and discharges the other and the other's representatives, agents, attorneys, heirs, devisees, successors and assigns, and each of them, of and from any and all claims or disputes of every kind,nature, character or description whatsoever, whether in law or in equity, and whether known or unknown, suspected or unsuspected, arising out of, connected with, or in any way related to the property exchange, the Action, or any cause related therewith, with exception, however, of any and all claims or disputes of every kind, nature, character or description whatsoever, whether in law or in equity, and whether known or unknown, suspected or unsuspected, arising out of, connected with, or in any way related to a breach or non-performance of any material term or condition of this Agreement by any party to this Agreement. 9. Development of Entry Area. The Stewarts will comply with all applicable governmental regulations governing the improvement of the entry to and from the Stewarts' parcel and Ihumoe Street. 10. Instruments or Actions of Further Assurance. Each of the parties hereto agree to execute an&deliver any and all further instruments and documents anti to take such action as may be reasonably required to effectuate the terms and conditions of this Agreement. 11. Entire Agreement and Modification. This Agreement constitutes the entire agreement between the parties and there are no understandings or agreements other than those incorporated in this Agreement. This Agreement shall not be amended, modified, or supplemented at any time unless by a writing executed by the parties hereto. 12. Construction and Paragraph Headings. The use of any pronoun herein shall include any and all pronouns and the singular shall include the plural and vice versa, as the context may require. As used in this Agreement, the masculine, feminine, or neuter gender, and the singular or plural number, shall each include the other whenever the text so indicates. Paragraph headings are inserted only for convenience in reference. 13. No Party Deemed Drafter. No party shall be deemed the drafter of this Agreement. If this Agreement is ever construed by a court of law, such court shall not construe this Agreement or any provision hereof against any party as drafter. 14. Waiver. The failure of any party to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of any right of such party thereafter to enforce such provisions and each and every other provision hereof. 15. Assignment. No party to this Agreement may assign any of his, her or its rights hereunder without the express and prior written approval of all parties to the Agreement,. except that the parties may convey their respective properties together with and subject to the rights and obligations of the parties under this Agreement without the prior written approval of the other party and the terms of this Agreement shall be deemed to be real covenants that run with the land. 4814-2017-3315.1.061611-00001 3 06-15-09 16. Effect. This Agreement and all of the terms, covenants and conditions contained herein shall extend to the benefit of and be binding upon the respective heirs, personal representatives, successors and permitted assigns of the parties hereto. 17. Governing Law,Venue and Waiver of Jury Trial. The laws of the State of Hawaii shall govern all matters with respect to this Agreement, including but not limited to, all . matters relating to the negotiation, formation, construction,validity, interpretation, performance and enforcement of this Agreement. The parties agree that any action regarding,concerning, involving, relating to or arising under this Agreement shall be brought in the Kona Division of the Third Circuit Court of the State of Hawaii. The parties further agree to waive any right that they may have to demand a jury trial in an action brought regarding, concerning,,involving, relating to or arising under this Agreement or any matter relating therewith. 18. Severability. If any provision of this Agreement or the application thereto to any person or circumstances shall, for any reason and to any extent be invalid or unenforceable, the remainder of this Agreement and the application of such provision to the otherppersons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. 19. Consent. Whenever the consent of any party is required herein, such consent shall not be unreasonably withheld or delayed. 20. Notice. Any notice to be given hereunder shall be deemed to have been properly given if in writing and delivered personally or sent by certified mail to the party at his or her last known address. 21. Independent Legal Advice. The parties acknowledge that they have received or have been advised to receive independent legal advice from their attorneys with respect to the advisability of executing this Agreement. The parties further acknowledge that each has made or has had an opportunity to make an investigation of the facts pertaining to this Agreement as each has deemed necessary. 22. Attorneys Fees and Costs. In any action brought to enforce any provision of this Agreement, the prevailing party shall recover their costs and reasonable attorneys fees incurred therein. 23. Counterpart Execution. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original,and said counterparts together shall constitute one and the same instrument. This Agreement may also be executed by way of facsimile signature and such signature shall be sufficient to bind the party so executing this Agreement. Such party shall thereafter promptly forward a confirming copy of such facsimile signature to the other party. 4814-2017-3315.1.0451611-0t1001 4 06-15-09 IN WITNESS WHEREOF, the parties each declare that he or she has carefully read, had explained and fully understands this Agreement and thereby executes this Agreement. NPT RICHARD,m. STEWAR' Date: " C- ij C . 16t- A. S ART , • Date: (D a � 0 J'uI, KEICHI IKEDA Date: 7- 2 7- O `1 G CE H. IKEDA Date: 7- 2-7- 07 1(e{c4 KEICHI IKEDA, Co-Trustee under the unrecorded Revocable Trust Agreement of Keichi Ikeda and Grace H. Ikeda dated March 5, 1997 Date: 7-Z7— d9 7/• J � G CE H. IKEDA Co-Trustee under the unrecorded Revocable Trust Agreement of Keichi Ikeda and Grace H. Ikeda dated March 5, 1997 Date: 7- L7- Q j APPROVED AS TO FORM AND CONTENT: EDMUND W.K. HAITSUKA MICHAEL J. MATSUKAWA Attorney for RICHARD M. S l bWART Attorney for KEICHI IKEDA and and CYNTHIA A. STEWART GRACE H. IKEDA, individually and as Trustees under the unrecorded Revocable Trust Agreement of Keichi Ikeda and Grace H. Ikeda dated March 5, 1997 4814-2017-3315.1.061611-00001 5 114_1 C_110 Lot 17 Lot Ifi Colvin W. Corow Michael M, Mi Coke Lot 15 Lot 14 • • and wile Edith W, Cordon C. Lou Lor K.T. Fongy Lot o Lot 12 Lot 11 and wife Myrna H. (Owner) Lorry Wo ne T. Yomouchi (Owners) (Owners) (Owner) Wayneondr. YrBeverly and wile Beverly and wile William Morgan (Owners) (Owners) (Owner) KONA PALISADE , UNIT r 279.28 - - - - = • - 276'50' • Existing Common Boundary—.; = W LOT 31—A 9. 184 ACRES LOT 31--8 1992 AGREES Moi 1I9'S�9'24' r�42 '1F59' f—Future Adjusted Common Boundary 7,974.49 R. South 9„354.83 IR, West KON4 ACRES SUBDNIS10N 1aP16'.JJ' 6Q67 `� W e UNIT I, INCREMENT '8 al ..\ ig (nie Plan 1550) 1 \•` ' 14 ! - _- •_ I IP 7721w6,, 30.40 ', IHUMOE STREET 1 73330”�� 01 % tikri,.. `��,, i7rr72e" 2a85 118'58'25" 7Q 78 ~270'0y20"'` ... .. .. ... • - - - *mime R=x.5,00 AIC 4 Lot 33 Rnh.., r ..... DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: May 4, 2021 TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division, 1 a A 7. SUBJECT: STATE 'LAND USE BOUNDARY AMENDMENT (SLU 21-000056) Request: Agricultural to Urban CHANGE OF ZONE APPLICATION (REZ 21-000246) Request: Agricultural-5 Acre (A-5a) and Agricultural-1 Acre (A-1a) to Single-Family Residential-22,000 Square Feet (RS-22) Applicant: Timothy Joseph Ward and Kay Lynn Ward MIK: 7-3-005:015 After further evaluation of your March 10, 2021 memo, we have the following updated comments: We have confirmed that grubbing permit #9-2708 was signed off by our inspector and therefore the grubbing complaint has been closed. We have no record that the minimum 8-feet wide landscape preservation buffer referenced on the grubbing plan is a permanent requirement since it was also noted that the buffer was for erosion and sedimentation control. We apologize for any inconvenience. The following comments are still applicable: 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. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Construction within the County right-of-way (ROW) shall comply with HCC, Chapter 22, County Streets. Connection to lhumoe Street will require a ROW permit. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. County of Hawaii is an Equal Opportunity Prov ider and Employer 14150 ,r •`'f DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII •.•.._.- `o':' 345 KEKUANAO'ASTREET, SUITE 20 • HiLO. N, WA1'I 96720 TELEPHONE (808)961-8050 • FAX (ii08)961-8657 March 21. 2021 TO: Mr. tendo Kern. Director - Planning Department FRON1: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: State Land Use Boundary Amendment Change of Zone Application (RE7 21-000246) Request—Agricultural-5 Acre(A-5a) and Agricultural-1 Acre(A-1a) to Single-Family Residential-22,000 Square Feet (RS-22) Applicant—Timothy Joseph Ward and Kay Lynn Ward Tax Map Key 7-3-005:015 We have reviewed the subject application and have the following comments and conditions. Water can he made available from an exiting; 8-inch waterline along thumoc Street which fronts the subject property. in accordance with the Department's existing water availability conditions. the water availability for the proposed lots is subject to change. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations,a copy of which is being forwarded to the applicant.a water commitment may be issued. Based on the five(5)additional units requested in the proposed 6-lot development,the required water commitment deposit is$750.00. Remittance by the applicant of the $750.00 is requested as soon as possible so that a water commitment may he formally issued. The commitment will he in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words. unless a water commitment is officially effected. water availability is subject to change without notice, depending,on the water situation. Final subdivision approval will be subject to compliance with the following requirements: 1. Construct necessary water system improvements. which shall include. but not be limited to: a. service laterals that w ill accommodate a 5/8-inch meter to front each lot, b. fire hydrants spaced no more than 600 feet apart. On dead-end streets_ the last fire hydrant shall he located at one-half the distance from the last house, or unit, fronting the property or driveway or access to the property, and c. subject to other agencies' requirements to construct improvements w ithin the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible lir the relocation and adjustment of the Department's affected water system facilities,should they be necessary. Planning Dept, . . . Water, Our!'Most(Precious*source. . . ? Wai 4 Vine ( Exhibit Li The Department of Water Supply is an Equal Opportunity provider and employer. 1. 4 0 (.D 8 0 1vIr. 7endn Kern. Director Page 2 March 24. 2021 Submit construction plans, pnep n d by a professional engineer registered in the State ut Iiawai'i. showing the above improvements must be submitted for review and approGal. 2. Remit the prevailing facilities charge, which is subject to change, as shown below: FACII.ITIES CHARGE(FC): One(I) initial service $1.319.00 Five(5) additional units lir, $6,095.00/unit $30.475.00 Total FC $31.794.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 3. Submit the appropriate documents, properly prepared and executed,to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However,prior to water meter services being granted to the development, or any lots within, the conveyance documents shall he accepted by the Water Board. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at. 961-8070,extension 255. Sincerely yours, ItpoWINV1*--) Keith K. Okamoto, P.E. Manager-Chief Engineer TS:d fg copy - Mr. Timothy Joseph and Ms. Kay Lynn Ward (w/copy of Rule 5 of-the Rules and Revgulations) I URPF:RSO\ AVID Y.IGE —: I D '.=44:"LVf 14111RD OF I%ND k',111%11\.1)l R.U.K}Sl)I N! 1,-/A-^1 DA + F.. ti)%IAINMON I)A 1v)IF R W.4)1 I(F . tI\\\.1 SIP'\1 �c r ' STATE OF'IIANNAII rwi.\i4 F\11.\1 (W LAND.i\D N A I l R.\1.REM01 tolls 1.\\U I)1\ISION I'U"I011RI.1lO.\ III)ht)l.1 IA IIAt\'All 9 IS'Ib March 16, 2021 MEMORANDUM FROM: TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating &Ocean Recreation X Engineering Division (DLNR.ENGR(hawaii.gov) X Div. of Forestry& Wildlife (rubvrosa.t.terrago(a hawaii.gov) Div. of State Parks X Commission on Water Resource Management(DLNR.CWRM@hawaii.gov) Office of Conservation & Coastal Lands X Land Division—Hawaii District (gordon.c.heitira?hawaii.gov) TO: Russell T5:, FROM: Russell Y. Tsuji, Land Administrator SUBJECT: State Land Use Boundary Amendment (SLU 21-000056)—Request for Change from Agricultural to Urban; and Change of Zone Application (REZ 21-000246)—Request for Change from Agricultural-5 Acre and Agricultural-1 Acre to Single-Family Residential LOCATION: 73-4350 Hawaii Belt Road, Kailua-Kona, Island of Hawaii; TMK; (3) 7-3-05:015 APPLICANT: County of Hawaii on behalf of Timothy& Kay Ward Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by April 7, 2021. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at ri 3rlene.k.nakamuraahavrai,.gov. Thank you. ( ) We have no objections. ( ) We have no comments. ) We have no additional comments. (\/) Comments are attached. g".Z4 Signed: Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: Mar 30,2021 Attachments cc: Central Files tanning Dept. DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell V. Tsuji Ref: State Land Use Boundary Amendment(SLU 21-000056)—Request for Change from Agricultural to Urban; and Change of Zone Application (REZ 21-000246)—Request for Change from Agricultural-5 Acre and Agricultural-1 Acre to Single-Family Residential Location: 73-4350 Hawaii Belt Road, Kailua-Kona, Island of Hawaii TMK(s): (3)7-3-05:015 Applicant: County of Hawaii on behalf of Timothy & Kay Ward COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP),Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area (high-risk areas). State projects are required to comply with 44CFR regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated on FEMA's Flood insurance Rate Maps(FIRM), which can be viewed on our Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT). If there are questions regarding the local flood ordinances,please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui,Department of Planning(808)270-7253. o Kauai: County of Kauai, Department of Public Works(808)241-4896. Signed: CARTY S. CHANG, CHIEF ENGINEER Date: Mar 30,2021 !>:;";it 5y.mak'• It DAVID Y.IGE i ELIZABETH A.CHAR.M.D. y ` , ^F6,NEAL,- STATE OF HAWAII DEPARTMENT OF HEALTH 1n I i"A; P.O.BOX.910 HILO,HI 96721-0916 Coil PLANNING DEPT MEMORANDUM APR 20 2021 pml 2;22 REC'D HAND DELIVERED DATE: April 19,2021 TO: Mr. Zendo Kern Planning Director, ounty of Hawaii FROM: Eric Honda 41....\--1271-"' District Environmental Health Program Chief SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU-21-000056) Request: Agricultural to Urban Change of Zone Application (REZ 21-000246) Request: Agricultural-5 Acre (A-5a) and Agricultural-1 Acre (A-la) to Single- Family Residential-22,000 Square Feet (RS-22) Applicant: Timothy Joseph Ward and Kay Lynn Ward TMK: 7-3-005:015 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.I, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health(DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on March 30, 2021. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance * Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses , as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], * A Section 401 Water quality Certification (WQC) is required if your P krirliil rc dPc ivity: ]. I 2 5 Exhibit 6 (:11 )til Zendo Kern April 19, 2021 Page 2 of 4 - Requires a federal permit, license, certificate, approval, registration, or Statutory exemption; and - May result in a discharge into State waters. The term "discharge.. is defined in Clean Water Act, Subsections 502( 16), 502( 12), and 502(6). Examples of"discharge" include, but are not limited to, allowing the following pollutants to enter State waters from the surface or in-water: solid waste, rock/sand/dirt, heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office(POH)Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the c-Permitting Portal website located at: IntLJ://eha-cloud.dolt.hav:aii.tzov/epernrit/. Please see H.AR,chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: beep_I/hcalih.hawaii. ov/cw b/. • National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading. grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through (ix) and (xi). -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to,cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. Zendo Kern April 19, 2021 Page 3 of 4 An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit. you must complete and submit the NPDES individual permit application. This.application is available on the e-Permitting Portal website located at: cl �t��l.do�h.ha�tiaii. ,ov/epermit/. A Notice of Intent (N01) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities.To request NPDES general permit coverage, you must complete and submit the NO!. The NO1 is available on the e-Permitting Portal website located at: hi ps://eh;► cls.►ul,clol,t,,tt4r}L;ri . c�}/el�_rtni,t/. Please see HAR,Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR; Chapter 1 1-55, Appendices B through M. HAR,Chapter 11-55 - and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: http://health.hawaii.ov/cwh/. • According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement • Noncompliance with water quality requirements contained in HAR,Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected • through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: www.hawaii.eov/doh/pollutedrunoffcontrol. Zendo Kern April 19, 2021 Page 4 of 4 If you have any questions, please contact Ms. Joanne Seto, Supervisor of the Engineering Section. ('WB. at (808) 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules. Chapter 11-46, "Community Noise Control.- 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. We recommend that you review all of the Standard Comments on our website: Intn7://ha ai_i.vm.lheafth/ens iwnmentalienv pl in ging/I tncluseilandusc hunt. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist)created by Built Environment Working Group(BEWG)of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment . principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. r' 011 Kay, Christian From: Jaime <jfunakosh@gmail.corn> Sent: Monday, May 3, 2021 5:15 PM To: Kay, Christian Cc: jaimhi@hotmail.com Subject: Re: Ward SLU Boundary Amendment/Rezoning Application and Map Mahalo Christian for the maps and information. As per our conversation this morning the rezoning sign that was placed on the side of the highway(Mamalahoa)was up for a couple of days before oneside fell and was unreadable and the next day completely fell off and has not been replaced even after a call to Land Planning Hawaii LLC.On April 21 and 9:42 AM. Also a neighbor on Kaiminani lot 5, Ellen Greenbaum did not receive a letter of rezoning from-FMK(3)7-3-005:015 I do have a concern about their small subdivision exiting into the cut de sac as well. It is parallel to our road.(we have three houses on our road) The entrance/exit of the road is literally side by side with plants in between.Neither side will be able to see the other while driving straight down and out into the cul de sac. I'm not sure if anyone can come and see it but it is definitely a hazard. Mahalo for your time! Jaime Funakoshi 808-281-7569 Sent from my iPhone Sent from my iPhone On May 3, 2021, at 8:41 AM, Kay, Christian <Christian.Kay@hawaiicounty.gov>wrote: Aloha Jaime, Per our conversation this morning, please see the attached application and a separate proposed subdivision map that's a little clearer. Please let me know if you have any questions. Mahalo, Christian Christian County o`Haw ' 'i aialn,ng Department Aupuni C *, 101 Pauahl Street. Sure No, 3 Nanning ing DepL 141476 FE:7- 2I z24.1., SLU-9 I. t 5t/ Kay, Christian i. 7:.{ tic. }r.: From: John Pipan <john@landplanninghawaii.com> Sent: Wednesday, May 5, 2021 2:45 PM To: Kay, Christian Cion PLANNING DEPT Cc: Darrow, Jeff;Jackson, MaijaAY 5 2021Fi '2 Subject: Re:Ward Archaeological Site Preservation Questions Attachments: Ward Overlay with arch sites.pdf Aloha Christian, 1. I have not found any indication that the survey of the preservation area was completed. 2. I see three main possibilities to address this issue if it crops up. (in order of preference) A. Redraw lot lines to allow for sufficient access around preservation buffer as there appears to be sufficient area in the lots makai to accommodate a slight shift. B. Plan for an easement across the flag portion of lot 6 to allow for access to lot 5, respecting the 20-foot interim buffer. C. Perform data recovery on the two remaining sites, then there would be no preservation buffers. The neighbors that I spoke with today are opposed to this option. I overlaid the AIS map and Rezone exhibit (see attached) to compare. Page 5 of the AIS describes the survey methods and GPS accuracy of 2-3 meters, which admittedly isn't great. However, the overlay shows approximately 15-feet of clearance along the west boundary to the 20-foot preservation buffer. If the preservation area survey indicates conflicts between interim buffer areas and the proposed lot lines, the lines could be adjusted. The lot areas shows some wiggle room to accommodate some adjustments prior to final subdivision (if necessary). I would see a condition requiring the survey and recording of the preservation area prior to subdivision approval as being appropriate. Lot lines could be adjusted at that point if necessary. Beyond that they will have to comply with SHPD regarding the preservation plan 3. I got your email with the memo, thanks. 4. The meeting went well, their concerns are: • Safety of proposed access aligned alongside existing Easement E to the South. It seemed like there were two concerns here, safety of keiki around there and having other drivers in a "blind spot." We discussed a few potential mitigation measures (fence or rock wall, convex mirror, and/or trimming their plantings to maintain better visibility) • Preference for preservation of arch sites • General opposition to development • Sign at property is still down as of yesterday - We instructed the property manager to fix it when we were first notified that it fell down (4/21). I'm not sure if it was put back up and fell again or was never put back up. I'll try to clear that up with the property manager. Best, John Pipan Planning Administrator Land Planning Hawaii LLC 194 Wiwoole St, Hilo, HI 96720 Planning Dept. 1415 21 Exhibit 1 (808)333-3391 LAND'� �` PLANNING HAWAII LLC ---- On Tue, 04 May 2021 16:41:55 -1000 Kay, Christian <Christian.Kay@hawaiicounty.gov> wrote Aloha John, Thanks for calling me back today. Per our discussion, can you please provide me with the following information re: the 0.12-acre preservation area: 1. Metes and Bounds Survey Recorded at BOC: You mentioned you though the preservation area was already surveyed, however the site plan indicates the 10-foot buffer is an approximate location and a review of the deed to the property did not include any recorded encumbrance related to the preservation area. Will you please confirm if the survey was done or not? 2. 20-Foot Buffer Requirements: According to the preservation plan, a temporary 20-foot buffer needs to be fenced and maintained during all phases of development. Per SHPD the fencing was installed in 2017. The preliminary subdivision plan submitted with the REZ application only shows the approximate location of the 10-foot permanent buffer but didn't show the 20-foot temporary buffer. Once the additional 10 feet is added, it appears that proposed lot 5 may be undevelopable as the temporary buffer would likely encroach in possible driveway areas, etc. Please indicate how the applicant intends to deal with this issue (i.e. reduce number of lots, re-design the subdivision, explore data recovery for the archaeological sites instead of preservation, etc.) 3. I will follow-up with you on DPWs determination on the applicability of the 8-foot landscaping buffer required by the approved grubbing permit once I hear from Robyn. Hopefully it is a temporary condition, otherwise the applicants may not have the required ROW width for the proposed non-dedicable private roadway. 4. Please let us know how the meeting with Ms. Funakoshi goes. Please let me know if you have any questions. 2 • I ,=--___ lb_ J\---7_7_-_-_=7---- ....; ,.:i_t'i rl 6666-- - 66---------- / \ ,- i: r _-_- :fly \j'< IIc7 I` _--- x _IFz a n'.I _ .1 7� _ _`=.. _ ` I= 11ti1 I ,-,) ( _ —L _::t Ti - .0:. is IA — - .� 7 L. -r 4 1L-1 L11..11L 1 . J r _. \ 4 \ -.17.•�., ) . -- mac y K 1 ' 1144\TL r, - l j, III 4 6666-- u ,, f l'.- f - .-T 6666. .. h'A '1 fAl NA,1lf � -.- ICc2�ltrtinll?f L7.'t`I»7 DRIVE _ °rC1D 8 I.. 'J IAA 1 J 7 - \ ix€d by- ` 1`, ,,Ls.,-il'L�'rV:..1 ` .44.4 - -� 1 �.,.`�•y,�,`rTI .i- VICINITY MAP SCALE: V iNCrr = 500 rcEr A-5a ZOV;'';S i ::t .1 :ALLA:•'0''1 •I'77 e'e , •.. 17 _<. ,i :.: r -�4..4» r,0 :a m.r.a,.a A,r -.. i_'_fac`ri'r9n. LT_: si•aseectc ..�. �"f444 . NY: 4,.�::e.•e„ ,nnS. . .tec.:.-...” 125-1. .c r. c,. u1 , _' r�•,...•rre, ` .e e. 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Plaore3 of sw.^2f3 of C^y'o.r'.ag p0,-_S15 ore tram aya31bi.e at Mop eccur.a. At Kalaoa 5th, North Kona Island and County of Hawaii, State of Hawaii •,'en::rea Farr t'anxe%yY I'FxaiCCT N'0.: . .. .15458.3 TIMOTHY J. AND KAY L WARD OWNERS - 041 : AARP R; 2172 i 5: .5 c 50 a 32 4 WES .ND,NAS ASSOCrA TES _�,C ��, t— -1� 1.z.,o�.r m _- d 4'es r __ _L X ND.: (3R_ V_' _._._._ _.___ -. 44.4.4 /main'r;r.,�c,�;r,3 rnn�,nsPt 1r. 75.siis xotgxyn 5;4nr5t r FY: •7-3-005:015v 't SCd>.L ;.Y r£_T 7474 MMO.' St•g9' CO5o0 'caw How;7e/4q r8'/ AX - 4 '•3 . .- D. ,.,, CVO.!.c.:8 85,27 /. R'LV1SED: OCIORL' S; 2020 '::';HMGAL N NG.E/ :e.. d.1 p.379-23.",1 t'• clr�37E �2S-.._3< ERAS sv 5Osrchcx_,_.+, .9FL"CF7. TR ',AR 1R, iC7, .4 n; if, ,.!G n+rASj �[e7- i RWardTrustSLU.crk.04.23.21 COUNTY OF IIAWAII PLANNING DEPARTMENT RECOMMENDATION TIMOTHY JOSEPH WARD & KAY LYNN WARD STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 21-000056) Upon careful review of the request, the Deputy Planning Director is recommending that a favorable recommendation for the State Land Use Boundary Amendment be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Deputy Planning Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The favorable recommendation is based on the following findings: The applicants are requesting a State Land Use Boundary Amendment from an Agricultural to an Urban district for approximately 3.992 acres of land. The applicants have submitted a concurrent request for a Change of Zone from Agricultural - 5 acres (A- 5a) and Agricultural - 1 acres (A-1a)to Single-Family Residential -22,000 square feet (RS-22) for the same area of land. The subject property is located at 73-4350 Hawai`i Belt Road, approximately 300 feet south of its intersection with Kaiminani Drive, Kalaoa 4th- O`oma 1st,North Kona, Hawai`i, TMK: (3) 7-3-005:015. If the requested land use entitlement changes are approved, the applicants propose to subdivide the property into six (6)buildable lots with a minimum of 22,000 square feet each and a road lot. The approval of the reclassification from the State Land Use Agricultural to the Urban District for 3.229 acres of land will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Statutes (HRS), nor will it be inconsistent with the Land Use Commission Rules, the County General Plan, and the Hawaii State Plan. Under the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that, "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future -1- a ' urban use on state or county general plans."The subject property conforms to this standard in that lands directly contiguous to the north of subject parcel are designated Urban and consist of single-family residential subdivisions and urban densities (lot sizes between 10,000 to 15,000 square feet). The proposed reclassification action also conforms to the goals,policies, and standards of, among others, the Land Use-Single Family Residential Element of the General Plan, and the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the parcel Low Density Urban(LDU). According to the General Plan, the LDU designation allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. Thus, the proposed SLU Boundary Amendment and Change of Zone is consistent with the LUPAG LDU designation. The subject property is situated within the bounds of the Kona Urban Area, as designated by the Kona Community Development Plan(CDP). The CDP directs the majority of future growth of the region within the Kona Urban Area. Furthermore, the proposed boundary amendment would facilitate the rezoning of the property, which would be consistent with Kona CDP Policy LU-28 (2.)(b.)(ii.), which states, "Rezonings that promote infill are encouraged. The concept of infill is to connect two or more pre- existing developments. Infill is usually associated with small scale developments of 20 acres or less that have been leapfrogged by the surrounding or adjacent developments. " Finally, the reclassification action would be consistent with the goals, objectives, and policies of the Hawai`i State Plan by providing urban type uses in close proximity to existing urban areas where adequate public facilities are already available and converting marginal or non-essential agricultural lands for appropriate urban uses while maintaining more productive agricultural lands in the agricultural district. The Urban classification conforms to the standard that the development 1 pment is within reasonable proximity to centers of trading and employment and to basic services such as schools,police and fire protection, transportation systems and water. Access to the subject property is from Ihumoe Street, a County owned and maintained roadway and the proposed six(6) lot subdivision will be served by a private -2- road conforming with the Department of Public Works (DPW) Standard Detail R-39 for a non-dedicable private dead-end street. Water is available for the number of habitable lots in the proposed subdivision and wastewater will be served by Individual Wastewater Systems (IWS)meeting the approval of the State Department of Health(DOH). All other essential utilities are available to the property. Police and fire services are available within five (5)miles of the site. Additionally, there is a public school,public library and a general store/gas station all located within 3 to 5 miles of the subject property. Urban Districts shall include lands characterized by"city-like" concentrations of people, structures, streets, urban level of services and other related land uses. This proposed reclassification action does not represent the creation of a new urban concentration, as the surrounding area is already an urban-like environment. As previously stated, there are several residential subdivisions adjacent to and makai of the subject property. Additionally, the Matsuyama Food Mart is located across Mamalahoa Highway on a Neighborhood Commercial (CN-20) zoned property situated to the east (mauka) of subject property. As these urban type uses already exist in the immediate area, the urbanization of the project site will not contribute towards scattered urban development and be generally compatible with the surrounding area. There are no severe geological or topographical problems which cannot be properly rectified, or which would render the land unusable. The Federal Emergency Management Agency designates the subject property as Zone "X", which is determined to be an"Area of Minimal Flood Hazard", and it is not known to be prone to flooding. The topography of the project slopes slightly to moderately from east to west between the 1,640 foot and 1,510-foot elevation (roughly 10 to 15%). The property is situated over four(4) miles from the shoreline and thus not situated within the tsunami inundation area or evacuation area. As conditions of approval of the concurrent Change of Zone application, all development-generated runoff will be disposed of on site and not directed toward any adjacent properties. All earthwork activity, including grading and grubbing, will conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. Thus, the reclassification meets the standard which states that the lands included within the -3- urban district, "...shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects. " While the subject property is located within the State Land Use Agricultural and County's Agricultural (A-5a&A-1 a) zoned district, it has been cleared and vacant of any uses for several years and is not classified as Important Agricultural Land. The State of Hawai`i Agricultural Lands of Importance to the State of Hawai`i (ALISH) Map classifies the majority of the subject property as "Unclassified."The Land Use Study Bureau's Overall Master Productivity Rating for the classifies the property as "E" or "Very Poor."The U.S.D.A. Soil Survey classifies the soils within the subject property as Pu`uika`aka- Lava flows complex soils with 10 to 20 percent slopes. The soil consists of volcanic ash over pahoehoe lava flows. The soil is considered well drained with a very high runoff class and the erosion hazard is undefined. The Hawai`i Right to Farm Act, HRS Chapter 165, was enacted to protect farming operations on land in the State Land Use Agricultural District when adjacent land is reclassified out of the Agricultural District. A condition of approval will require the applicants to notify prospective purchasers, tenants, or lessees of the Hawaii Right to Farm Act. The reclassification of this 3.992-acre area of land from the Agricultural to the Urban State Land Use designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawai`i. Furthermore, an Urban classification would complement the existing and future land use pattern of the surrounding area in view of the urban uses already in existence in close proximity to the subject properties. Based on the preceding, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and County General Plan and is supportive of the Hawaii State Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- SV ofy COUNTY OF HAWAII •f.6 - %1.' STATE OF HAWAII BILL NO. ORDINANCE NO. 41.44AiN DEN, AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KALAOA 5TH,NORTH KONA, HAWAI`I BY TAX MAP KEY: 7-3-005:015. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawai`i are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa 5th, North Kona, Hawaii, shall be Urban: SITE#1 Beginning at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Lot 33 of Kona Acres Subdivision, Unit 1, Increment"B" (File Plan 1550) and being a point on the Easterly end of Ihumoe Street the coordinates of said point of beginning referred to Government Survey Triangulation Station on "MOANUTAHEA"being 8,001.83 feet South and 9,345.61 feet West and running by azimuths measured clockwise from True South: Thence, from a tangent azimuth of 180° 03' 20" following along the Easterly end of Ihumoe Street on a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being; 1. 161° 21' 28" 28.85 , feet to a point; Thence, from a tangent azimuth of 322° 39' 36" following along Lot 31-A of Kona Acres Subdivision, Unit 1, Increment "B" on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 2. 299° 59' 24" 15.42 feet to a point; 3. 277° 19' 12" 8.01 feet along Lot 31-A to a point; 4. 347° 50' 21.21 feet along the remainder of Lot 31-B to a point; 5. 97° 19' 12" 16.68 feet along Lot 33 of Kona Acres Subdivision,Unit 1, Increment"B" (File Plan 1550) to the point of beginning and containing an area of 332 square feet. SITE #2 Beginning at the Southeasterly corner of this parcel of land,being also a point on the Westerly side of Hawai`i Belt Road (F.A.P. No. F-10(5)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA"being 8,117.21 feet South and 8,447.20 feet West and running by azimuths measured clockwise from True South: 1. 96° 50' 3.42 feet along the Westerly side of Hawaii Belt Road (F.A.P.No. F- 10(5))to a point; 2. 97° 19' 12" 885.68 feet along Lots 35, 34 and 33 of Kona Acres Subdivision, Unit 1, Increment "B" (File Plan 1550)to a point; 3. 167° 50' 103.24 feet along the remainder of Lot 31-B and along Lot 31-A and the remainder of Grant 2972 to Kaapau and Kama; -2- 4. 173° 15' 30" 100.01 feet along Lot 31-A and along the remainder of Grant 2972 to Kaapau and Kama to a point; 5. 276° 50' 835.71 feet along Lots 14, 13, 12 and 11 of Kona Palisade Subdivision, Unit 1 (File Plan 1061), Lot A, Lots 8, 7, 6, 5, 4, 3, and 2 of Kona Palisade,Unit 1 (File Plan 1061) and along the remainder of Grant 2972 to Kaapau and Kama to a point; 6. 348° 57' 30" 99.98 feet along the remainder of Grant , 2972 to Kaapau and Kama to a point; 7. 276° 50' 79.64 feet along the remainder of Grant 2792 to Kaapau and Kama to a point; 8. 6° 46' 107.20 feet along the Westerly side of Hawai`i Belt Road (F.A.P. No. F- 10(5)) to the point of beginning and containing an area of 3.985 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: SEE ATTACHED CONDITIONS SECTION 3: In the event that any portion of this ordinance is'declared invalid, such invalidity shall not affect the other parts of this ordinance. -3- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -4- a it 3 �°III URBAN liallailli 1 Js AiReep. w I - SIAN a sib ,,,,,,.. , ISite#1 KAIMINA VRICULTURAL TO URBAN NI DRIVE .my 332 SO.FT. WARIII„,,,,_,_ " AGRICULTURAL } " i �'t % is A 3 AGRI ULTI RAL p; � IHUMOE STREET ;: — ` is 8,001.83'S 9,345.61'W "MOANUTAHEA" Q AGRICULTUR•L AGRICULTURAL I 8,117.21'S W 8447.20'W C] "MOANUTAHEA" _ Q URBAN Site#2 AGRICULTURAL TO URBAN = 3.985 ACRES AGRICULTURAL AGRICULTURAL AGRICULTURAL 0 O Y N AGRICULTURAL 'a YAl Feet 0 200 400 600 800 1,000 AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KALAOA 5TH, NORTH KONA, HAWAI'I MAP PREPARED BY: TM K:(3)7-3-005:015 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:March 1,2021 B W ardSLU.c rk.4.21.21 TIMOTHY JOSEPH WARD & KAY LYNN WARD STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 21-000056) CONDITIONS OF APPROVAL A. The applicant, successors, or assigns shall notify prospective purchasers, tenants, or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all of the proposed lots. B. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. RWardTrustREZ.crk.5.5.21 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION TIMOTHY JOSEPH WARD & KAY LYNN WARD CHANGE OF ZONE APPLICATION (REZ 21-000246) Upon careful review of the request against the guidelines for granting a change of zone, the Deputy Planning Director is recommending that a favorable recommendation of the Change of Zone requests be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Deputy Planning Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting Change of Zone from an Agricultural-5-acre (A-5a) and Agricultural-1 acre (A-1a) to a Single-Family Residential-22,000 square feet(RS-22) zoning district for the 3.985 acres and 332 square feet,respectively. If the requested land use entitlement changes.are approved, the applicants propose to subdivide the property into six (6)buildable lots with a minimum of 22,000 square feet each and a road lot. The applicants hope to secure the entitlements as soon as possible and the subdivision process would begin immediately thereafter. In order to consider an area for any type of zoning designation, the applicable goals,policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The change of zone request from an A-5a and A-la to an RS-22 zoning district conforms to applicable goals, policies and standards of the General Plan and the Kona Community Development Plan (CDP). The subject, 3.992-acre property is roughly rectangular in shape, slopes slightly to moderately to the west between the 1,510 foot and 1,640-foot elevation and is currently vacant of any structures or improvements. c , The parcels directly adjacent to the north are part of the Kona Palisade Subdivision and similarly zoned A-5a,however, they consist of non-conforming lots sizes between 10,000 and 15,000 square feet and consist of single-family residences. Nearby subdivisions along Kaiminani Drive are zoned RS-10 and RS-15 and lands directly to the south and west of the subject property are zoned A-la and similarly consist of residences. There is a Neighborhood Commercial (CN-20)property situated across Mamalahoa Highway to the east(mauka) of subject property, which is the site of the Matsuyama Food Mart. The RS (Single-Family Residential) zoning district provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having adequate facilities to carry out the above stated purpose. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed RS-22 zoning conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the subject property as Low Density Urban (LDU). According to the General Plan, the LDU designation allows for residential (with ancillary community and public uses), and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. Based on the preceding, proposed RS-22 zoning would effectuate an increase in single-family residential density that would be consistent with the LDU LUPAG designations. Although `ohana dwellings are permitted in the County's RS zoned district,a condition will be included to incorporate restrictive covenants in the deed of all lots to prohibit `ohana dwellings on the lots to ensure that the infrastructure of the area is not overwhelmed by the additional residential density. In addition, the proposed RS-22 zoning is consistent with the following Land Use goals,policies, and standards of the General Plan: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. -2- ■ Allocate appropriate requested zoning in accordance with the existing or. projected needs of neighborhood, community, region and County. ■ Zoning requests shall be reviewed with respect to General Plan designation, • district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. ■ Designate and allocate single-family residential zoned lands at varying densities for future use in accordance with the needs of the communities and the stated goals,policies, and standards. The subject property falls within the Kona CDP Kona Urban Area, within which the CDP directs the majority of future growth of the region. However, the subject property is not located within a designated Transit Oriented Development (TOD) area. The proposed change of zone is consistent with Policy LU-2.8 of the Kona CDP, which provides guidance on conventional rezoning of lands situated within the Kona Urban Area,but outside of Transit-Oriented Development (TOD) areas. In those areas, the CDP encourages Infill Rezoning, which are defined as rezonings that, "...connect two or more pre-existing developments. Infill is usually associated with small scale developments of 20 acres or less that have been leapfrogged by the surrounding or adjacent developments. Infill rezonings should be conditioned to ensure connectivity to the surrounding developments and, where applicable, to provide mixed-use opportunities to make the area more walkable. " The parcels directly adjacent to the north are part of the Kona Palisades Subdivision and similarly zoned A-5a, however, they consist of non-conforming lots sizes between 10,000 and 15,000 square feet and consist of single-family residences. Additionally, there are several nearby subdivisions along Kaiminani Drive that were rezoned from unplanned and agricultural zoning district to RS-10 and RS-15. A private roadway lot will connect the subdivision to Ihumoe Street on the west(makai) side, however connectivity through the eastern(mauka)portion of the property is not possible as the Mamalahoa Highway frontage of the property is encumbered with a ten(10)-foot wide "No Access Planting Screen"that prohibits direct access to the highway. All essential utilities and services are available to the site. Access to the subject property is from Ihumoe Street, a County owned and maintained roadway with a 20-foot- -3- wide pavement within a 50-foot right-of-way (ROW). The six (6) lot subdivision will be served by a private road conforming with the Department of Public Works (DPW) Standard Detail R-39 for a non-dedicable private dead-end street with a minimum 16-foot-wide pavement withing a minimum 20-foot right-of-way. The property's Mamalahoa Highway/Hawai`i Belt Road frontage is encumbered with a 10-foot-wide "No Vehicular Access &Planting Screen", thus direct access to the highway is prohibited. According to DPW—Engineering Division, connection to Ihumoe Street will require a County ROW permit in conformance with Hawai`i County Code, Chapter 22, County Streets. Additionally, the applicants shall install streetlights and traffic control devices as maybe required by the Department of Public Works-Traffic Division. The applicant will be responsible for the design,purchase, and installation of such devices. The preceding will be required as conditions of approval. County water can be made available from an existing 8-inch waterline along Ihumoe Street which fronts the subject property. As a condition of approval, the applicants will be required to construct and dedicate necessary water system improvements as required by the Department of Water Supply(DWS) prior to securing Final Subdivision Approval. As there is no municipal sewer system in the area, wastewater will be disposed of through individual wastewater system(s) meeting with requirements of the State Department of Health. Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. All essential utilities such as telephone, cable, and electrical services are available to the site. Police, fire, and medical services are available nearby in Kona. To limit the cumulative impact of the proposed subdivision on area infrastructure, a condition of approval will prohibit a second dwelling and condominium property regime on each lot. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. The project site has no severe geological or topographical problems which cannot be properly rectified, or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM)prepared by the Federal Emergency Management Agency (FEMA), -4- the property is located in Zone"X" or"Area of Minimal Flood Hazard" and it is not known to be prone to flooding. The topography of the project slopes slightly to moderately from east to west between the 1,640 foot and 1,510-foot elevation (roughly 10 to 15%). DPW requires that all development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. The preceding will be added as condtions of approval. According to DPW, there is an open grubbing permit (#9-2708) that was issued to resolve a grubbing complaint.However, the permit was never completed/closed. DPW recommends that the permit be resolved before the change of zone application is approved. A condition of approval will be added to require the applicants to close the open grubbing permit prior to securing any further land alteration permits. The request is not contrary to Chapter 205A, Hawai`i Revised Statutes, relating to Coastal Zone Management Area. The subject property is located over four (4)miles from the nearest shoreline, is not situated within the Special Management Area and will not be impacted by coastal hazard and beach erosion. There are no identified recreational.resources or public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems,marine resources, or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. As the subject property was previous cleared, and given the suburban, developed nature of the surrounding area, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa`akai 0 Ka Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. -5- Investigation of valued resources: In February 2013, a complaint was filed for the grubbing of the property without permits. The complaint alleged that there was a possible disturbance of archaeological sites on the property. An enforcement action ensued before the State Historic Preservation Division (SHPD) and it was determined that a number of archaeological sites within the property had been disturbed. An Archaeological Inventory Survey (AIS)was subsequently completed by Haun and Associates in June 2013 The valued cultural, historical, and natural resources found in the rezoning area. The AIS identified seven(7) sites with 36 total features on the subject property. In a letter dated January 25, 2016, SHPD accepted the AIS, and the recommendations contained therein, including proposed data recovery for Sites 29789 (lava tube) and 29794 (terrace). Instead of data recovery, the previous landowner agreed to preserve the sites in place, thus a Preservation Plan was prepared and accepted by SHPD by letter dated October 26, 2016. Pursuant to the approved Preservation Plan, the sites will be conserved within a proposed 0.12-acre archaeological preserve situated within Lot 5 of the proposed subdivision. Other requirements of the preservation plan include an interim buffer of 20 feet marked by bright orange construction safety fence, to be erected prior to the commencement of any ground altering activity and retained in place until completion of all development on the property. The Preservation Plan also requires a 10-foot-wide permanent preservation buffer to be set by a metes and bounds survey and recorded on a plat map and submitted to the Bureau of Conveyances and recorded as a restrictive covenant in the property deed for Lot 5. By letter dated April 19, 2017, SHPD verified the completion of temporary preservation, however, the other requirements of the Preservation Plan have yet to be completed. Please note, based on the approximate location of the preserve area, the applicants may have to adjust their proposed subdivision layout to accommodate the required temporary 20-foot buffer. Based on staff conversations with SHPD, the applicants could pursue the originally recommended Archaeological Data Recovery process in lieu of completing the preservation commitments outlined in the Preservation Plan, which may remove the buffer requirements and may allow more of the land area to be developed. Based on the preceding, the Deputy Director is recommending conditions either requiring completion -6- of the treatments and provisions of the approved Preservation Plan or allowing the applicants to pursue the Archaeological Data Recovery process which would include the requirement of an approved Data Recovery plan and any mitigation steps recommended therein. In either case, completion of the archaeological mitigation commitments would be required prior to the issuance of any land alteration permits and no later than the issuance of Final Subdivision Approval. According to the applicants, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. Possible adverse effect or impairment of valued resources: With the exception of the previously mentioned archaeological sites, which should be protected upon completion of the required Preservation Plan treatments, the impairment of other valued resources on the property is unlikely. Feasible actions to protect native Hawaiian rights: As stated by the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. However, in addition to the Preservation Plan condition mentioned above, a condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. Lastly, this recommendation is madewith the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use,prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all -7- applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the request to rezone the property from an Agricultural 5-acre(A-5a) and Agricultural 1-acre(A-1a) zoning districts to a Single-Family Residential - 22,000 square feet(RS-22) zoned district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-3 (North Kona District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached tothe draft bill. • -8- • . J+tY�OF y,Y••. COUNTY OF HAWAII -•(4 — / •- STATE OF HAWAII BILL NO. ORDINANCE NO. CFr„el/t/n/ite4 Deir> AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—ONE ACRE (A-1a)AND AGRICULTURAL—FIVE ACRE (A-5a) TO SINGLE FAMILY RESIDENTIAL—22,000 SQUARE FEET (RS-22)AT KALAOA 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-005:015. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa 5th,North Kona District, Hawaii, shall be Single-Family Residential—22,000 square feet(RS-22): SITE #1 Beginning at the Southwesterly corner of this parcel of land,being also the Northwesterly corner of Lot 33 of Kona Acres Subdivision, Unit 1, Increment"B" (File Plan 1550) and being a point on the Easterly end of Ihumoe Street the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUIAHEA"being 8,001.83 feet South and 9,345.61 feet West and running by azimuths measured clockwise from True South: Thence, from a tangent azimuth of 180° 03' 20" following along the Easterly end of Ihumoe Street on a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being; -1- 1. 161° 21' 28" 28.85 feet to a point; Thence, from a tangent azimuth of 322° 39' 36" following along Lot 31-A of Kona Acres Subdivision, Unit 1, Increment"B" on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 2. 299° 59' 24" 15.42 feet to a point; 3. 277° 19' 12" 8.01 feet along Lot.31-A to a point; 4. 347° 50' 21.21 feet along the remainder of Lot 31-B to a point; 5. 97° 19' 12" 16.68 feet along Lot 33 of Kona Acres Subdivision, Unit 1, Increment"B" (File Plan 1550) to the point of beginning and containing an area of 332 square feet. SITE #2 Beginning at the Southeasterly corner of this parcel of land,being also a point on the Westerly side of Hawaii Belt Road (F.A.P.No. F-10(5)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA"being 8,117.21 feet South and 8,447.20 feet West and running by azimuths measured clockwise from True South: 1. 96° 50' 3.42 feet along the Westerly side of Hawaii Belt Road (F.A.P. No. F- 10(5)) to a point; 2. 97° 19' 12" 885.68 feet along Lots 35, 34 and 33 of Kona Acres Subdivision, Unit 1, Increment"B" (File Plan 1550)to a point; 3. 167° 50' 103.24 feet along the remainder of Lot 31-B and along Lot 31-A and the -2- remainder of Grant 2972 to Kaapau and Kama; 4. 173° 15' 30" 100.01 feet along Lot 31-A and along the remainder of Grant 2972 to Kaapau and Kama to a point; 5. 276° 50' 835.71 feet along Lots 14, 13, 12 and 11 of Kona Palisade Subdivision, Unit 1 (File Plan 1061), Lot A, Lots 8, 7, 6, 5, 4, 3, and 2 of Kona Palisade,Unit 1 (File Plan 1061) and along the remainder of Grant 2972 to Kaapau and Kama to a point; 6. 348° 57' 30" 99.98 feet along the remainder of Grant 2972 to Kaapau and Kama to a point; 7. 276° 50' 79.64 feet along the remainder of Grant 2792 to Kaapau and Kama to a point; 8. 6° 46' 107.20 feet along the Westerly side of Hawai`i Belt Road (F.A.P. No. F- 10(5)) to the point of beginning and containing an area of 3.985 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of -3- the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS - SECTION 3. Severability: If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -4- . , to _„„,.„„„,oraw. E A-20a W W I2 Isi t,... R5-20 We 5- R5-20 R5-20 fir A-20a RS-20 I Mime a A-5a Site#7 AGRICULTURAL-ONE ACRE(A-1 a)TO KA'IMIN 1 SINGLE FAMILY RESIDENTIAL-22,000 SQUARE ANI DRIVE ,� FEET(RS•22) A-20a A-5aMIMI IHUMOE STREET Q �� --I 8,001,83'S I� 9,345.61'W m "MOANUTAHEA" A-la Q 8,117.21'S = 8,447.20'W CN-20 "MOANUTAHEA" A-3a Site#2 AGRICULTURAL-FIVE ACRE(A-5a)TO SINGLE FAMILY RESIDENTIAL-22,000 SQUARE FEET(RS-22) A-3a C I ilp I Y N A-3a Alc Y , Al - Feet 0 200 400 600 800 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL- ONE ACRE (A-1a)AND AGRICULTURAL- FIVE ACRE (A-5a) TO SINGLE FAMILY RESIDENTIAL- 22,000 SQUARE FEET (RS-22) AT KALAOA 5TH, NORTH KONA, HAWAI'I 1 MAP PREPARED BY: TM K:(3) -3-005.015 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:March 1,2021 FXHIRIT "A" Timnfh, I to/arri and KM/I Ward CWardREZ.crk.5.5.21 TIMOTHY JOSEPH WARD & KAY LYNN WARD CHANGE OF ZONE APPLICATION (REZ 21-000246) CONDITIONS OF APPROVAL A. The applicants, its successors or assigns shall comply with all of the stated conditions of approval. B. A water commitment deposit shall be paid to the Department of Water Supply within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicants are responsible for maintaining valid water commitments to support the proposed subdivision until such time that required water facilities charges are paid in full. C. Prior to issuance of Final Subdivision Approval, the applicants shall construct necessary water improvements, which shall include but not be limited to 1) service laterals that will accommodate 5/8-inch sized meters to each lot; 2) fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or access for each lot. On dead-end streets, the last fire hydrant shall be located at one-half the distance from the last house, or unit, fronting the property line, or to the driveway or access for the property; and 3) subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the application shall be responsible for the relocation and adjustment of the Department of Water Supply's affected water system facilities, should they be necessary. D. Final Subdivision Approval shall be secured within five(5)years from the effective date of this ordinance. E. Access to Ihumoe Street and all construction within the County Right-Of-Way (ROW) shall require a ROW permit and conform to Chapter 22, County Streets of the Hawai`i County Code. F. The applicants shall be responsible for the design, purchase, and installation of streetlights and traffic controls as may be required by the Department of Public Works-Traffic Division. G. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. H. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawai`i County Code. The applicant shall comply with the Department of Health's Hawai`i Administrative Rules (HAR) Chapter 11-55,rules regarding Water Pollution Control, which requires an NPDES permit for certain construction activities. J. Restrictive covenants in the deeds of all resulting lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. K. The method of sewage disposal shall meet with the requirements of the State Department of Health. L. Should the applicants choose to preserve the Archaeological Sites in place, prior to the issuance of any land alteration permits and no later than the issuance of Final Subdivision Approval, the applicants shall complete the following protection measures required by the Archaeological Preservation Plan for Sites 50-10-28-29789 and 29794 accepted by the DLNR-State Historic Preservation. Division on October 19, 2016 (Preservation Plan) or any amendments thereto: 1) A metes and bounds survey of the 0.12-acre preserve area containing the sites shall be conducted and recorded on a plat map at the Bureau of Conveyances with a copy sent to the Planning Department and State Historic Preservation Division. The recorded preserve area,permanent 10-foot buffer, and temporary 20-foot buffer shall all be depicted on the site plans of any subsequent subdivision maps, land alteration permits and building permits; 2)To ensure that the Sites are protected in perpetuity,the applicants shall record with the Bureau of -2- Conveyances restrictive covenants related to the 0.12 acre preserve area. The restrictive covenants shall include all of the requirements and restrictions of the approved Preservation Plan or any amendments thereto, including,but not limited to the metes and bounds description of the permanent buffers and a map showing the preservation areas. A copy of the recorded document shall be sent to the Planning Department and State Historic Preservation Division; and 3) The applicants shall install fencing around,an interim buffer of 20 feet from the edges of Sites 29789 and 29794 and fencing shall be maintained for the duration of subdivision and construction activity on the subject parcel. M. Should the applicants choose to mitigate impacts to the Archaeological Sites through Archaeological Data Recovery, prior to the issuance of any land alteration permits and no later than the issuance of Final Subdivision Approval, the applicants shall complete an Archaeological Data Recovery Plan and any mitigation commitments as may be required by DLNR-State Historic Preservation Division. N. In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g., rock walls, terraces,platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the applicants shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at(808) 933- 7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 0. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect toparks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval and shall be based on the actual number of additional residential lots created. The fair share contribution in a form of cash, land, facilities any orcombination thereof shall be determined by the County Council. The fair share contribution may be adjusted -3- _ annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of$15,057.57 per residential lot. The total amount shall be determined with the actual number of residential lots according to the calculation and payment provisions set forth in this condition. The fair share contribution per residential lot shall be allocated as follows: 1. $7,261.03 per residential lot to the County to support park and recreational improvements and facilities; . 2. $350.27 per residential lot to the County to support police facilities; 3. $691.83 per residential lot to the County to support fire facilities; 4. $302.89 per residential lot to the County to support solid waste facilities; and 5. $6,451.55 per residential lot to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. P. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicants shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administratorof the Office of Housing and Community Development prior to Final Subdivision Approval. Q. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -4- e R. The applicants, their successors and/or assigns shall comply with all applicable County, State and Federal codes, laws, rules, regulations and requirements for the proposed development, including the Department of Public Works, Department of Water Supply and Department of Health. S. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be perfonned within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -5- TIMOTHY JOSEPH WARD & KAY LYNN WARD SLU BOUNDARY AMENDMENT APPLICATION (SLU 21 -000056) CHANGE OF ZONE APPLICATION (REZ 21 -000246) • • 9 hi Ks Mole ercpcn Ra ePacific Coffee Research FedEx Ship Center 9 >� .« Brown Turtle HouseQ UPS Customer CenterQ 9 Hawaiian Gardens ^y^ •A - Is 7 Y Q '^µw.d m Lucky D Kennel,i'. Signature Flight • Westside Electric Support KOA•Kona_.Q „� QSouthern Turf Hawaii Uliuli Mau Landscape %. w r,,,,n ,� S 0_ Maintenance.„xn a is,,,w o Paws ddF r p Palisades Impact Cleaning Hawaii Q 9 uw.wm a u,a,µtt- University Community Pavilion© Ahi Hale „ Peak View s,,,,, Q e n ur...s yr ` GREG Top-Notch Drywall Window Cleaning Kona Flower Shoppe `�,,.,r.�^ BOYER-HAWAIIAN..Q Q Kona Trop.cals OSernres,Inc. © Q cWy N. M Wahine Toa Designs 9 c O Q ~` E •aWealherskin Coatings 9 n .1','wn QFIGLA USA Corporation - Q / K C Supply ` " AA� _�_ O Vacation Home Hawaii _ QKalaoa Body Works Coconut HalMatsuyama Food h1. © I w<, ohr Q Deep Seawater International QBig Island Abalone q .wA - Corporation Lokahi Apartments Q eu v, Konaco{IectiblesQ QOHANA HALE YKona Mamaki House; 1 t "" V 3 S e. s Banyan Tree Sanctuary 9 ....i. ..w •4: Kona Church of God 0 Jasminum Farms9 SiteOne Landscape Supply Landscape Oaks Ranch + i°ane Tree Cafe 9 9 Joe's Big Island "w * — ®Jeep Rental s Car rental eamay (j0,g e The Great Kona Escape �`'. was LVJ Sr M.ndasi:a2r Un'..dAM• tams'err..co Sona rea,:e.. _.. APPLICANTS' REQUEST • THE APPLICANTS ARE REQUESTING A STATE LAND USE BOUNDARY AMENDMENT FROM AGRICULTURAL TO URBAN FOR 3.922 ACRES OF LAND AND A CHANGE OF ZONE FROM AGRICULTURAL- 5 ACRE (A-5A) C) & AGRICULTURAL-1 ACRE (A-1A) TO A SINGLE-FAMILY RESIDENTIAL 22,000 SQUARE FEET (RS-22) LLJ ZONED DISTRICT FOR THE SAME LAND AREA. • IF THE REQUESTED LAND USE ENTITLEMENT CHANGES ARE APPROVED, THE APPLICANTS PROPOSE TO LLI ce SUBDIVIDE THE PROPERTY INTO SIX (6) BUILDABLE LOTS WITH A MINIMUM OF 22,000 SQUARE FEET EACH ANDA ROAD LOT. V) • THE APPLICANTS HOPE TO SECURE THE REQUIRED STATE LAND USE DISTRICT RECLASSIFICATION Z CONCURRENT WITH THE COUNTY REZONING APPROVAL AS SOON AS POSSIBLE AND THE SUBDIVISION PROCESS WOULD BEGIN IMMEDIATELY THEREAFTER. J 0- 0- • dW1 ONINOZ A_LNnoo a C C3 CN — i u_ . . „,..... ° , WOL, ------ • - "_. ; - _..; • '-is,Nip 021v)Invvv IN3INNa3Ao0 010 0 CN 1 Z (...) 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I I I i \ ii i i I I � ; I I 1 Iii I I 7 r 11 I I KA MUA PL _._ I ,� _ -- i_ I I V I - t- ---_ HAWAII BELT RD I Lt I r - I OLD GOVERNMENT MAUKA RD J I I I i r I GENERAL PLAN LUPAG MAP - , Min In 'VI „IMMO 1111 *All ___ wassme 0 um revia.z 111111 1111 › um r NalTrilla ��,< ran W■ NA!//Hra Wan 1111 -I) aft.a al. Aftwerivit Iminirerlatirip ialuir. n elk 1.1,,,,, - • s ( all f somirialtszv 'PAW& Pi°lea°t ram. AN a Ns D �o _________-------- Anil raNW, ATOM arairdtkia OM �a �elii ftl mgr ire ■�1� � \ ' S%%i� �`IIiI11I`�' 111111.1�` ' ' siiie .. 11111 in Vis .0 arm , rA ' SO° -X11111111111110111111111111111 � . 1 111 sural1111 1111111111111111ellE .���. 111 ■ • i',:',',4-e:,,,v f ,,tts. 'w iN. K �i E J i-. •.. .: . • • _ k , ...),,,.....4.•, ",..i., , •. pyey F '�w. Y �' � O�q..r'1.9 F�s1 "a .3t • $ 1 ;x. ."fit.. e'9 ;' U '• k3,' fit SOW:-.,,1 f .. , • 1 t ; s �. .ti h n "",£.ems.. u.:. .-,t., AERIAL PHOTOGRAPH dA E K _ , KAt OA iJ,' ` 1 z OD ,-„ i �T 011111.11 II T iii,Lij • ' —J Cuw uwwaau� i w um 1CALAC1A 51.14 •,. _./ \ i.••r..u• / ` J Ailli _ kO O M ATI S7 ., ` V) —� 1Y.., —Y YAP J .-s•iv...c _ ;. ..r, .. .... . ..+ _ " ...te.. 1 LU ... ..,. . ..... ...I...., .-i.turc "woes ".yiwOLOT .31-4 .a ' '"0®.o- r a'inru 3.192 ACRES 'L-':".'�° ' �._,S_.. wppp/ yy "="1:',.;14 pm mal-' UN y y '..(=% -r* y • icy . M OIJY b rtJ O/1Y Y/.7 1 MI n. '•~'+ fail!W n7 ( % - ' w�—+fx•. W ,...eo.nc (w->, fo a-rr rOwKJ �J�/ ` /`a - f NW AY JJJ _ IMI,Mr D J w'm°'�t e� �� Kr:..� 7i Com.._ r _W} ' ..v,�... ��,,�� t....:7-1'.=. . L^ ` P it �+ .Jr wie L • • 1 re eorc ll iV' — IOL M r KA t AGA s rH =� u c) ..._�;_. _ _ _.: ,. F— • - • .... . • z ..1.MAI — REZONINGIB/T v MAP SHOWING .om. Lot' 31-8 ..o /� _ Being a Portion of Grant 2972 to Kaopou and Kovno -»•µ« •» ^ �-. ... At Kotooa Sth. North Kona 0— Island and County of Hawaii. State of Hawaii .. ...„ lilll.i MU, .L w01 a.'. .au �4 .. T Atte,AO „•J3 ..-rn CSI^ x-'•'41—,;=-.L---='— MR.a.r�` .....w,... MAUI ZS., ql•.3 l-3405 VS f.w+�'S� axs0 COM*M At?[mow P«wc • gar .J '''1.'":::7-1'44.-::'...1:'''N/;:::":1:;'''''''''''''' R''' = -:-.;.-4.r1"- �- r°i?: & ,g.' :..a ,. fin, - -•""'a- .}" y :% i4 '�° °� . .r d 'a"=:fir = .p` ! yr 3 VIEW OF HE SUBJECT PARCEL LOOKING �` t , -4":,-"-4.- ---`--'7,''''''‘.:t-.: » MAKAI FROM MAMALAHOA HIGHWAY s § y Rigoilio t " .SSr F-- — 0 r. ^_^ I..L ili � a" t � � �"3 .a '`-•wwx a �#m ; r,te VIEW OF THE SUBJECT PARCEL LOOKING " .3-.,-•:'•.-- :,.•:-,v,--.2?1..,t„:-•'4.:--.7:- i.-.,..:--4--,,1t:.•.!,;.i•,*.-,.".,'.-,V--',----5,,,,..,„;-'-' -"' �` - MAUKA FROM IHUMOE STREET .:,4-_..-.1,1,17.::1:-7,,,-F.ilT!..-.T:4,:tk..k.g--..,,••, : ,. — ,,,rr;'''t''.-,;,:::---,.--,.,,.,-.-,---'- - ...7---,'".'s ..-----;;;W• ..- .',--4.;';'-'.:',i-„::.v-,,..---•.--.::::?'4,----,,, ,,444.-• ::--5.,;',1',..,.,- --., •-•.4":t:-.::i.:-,—•,-..-._-..-..-.../OL. . .-.:' 0 --/-:-:,--_,?y, +~ 9.ayseY -w n /' d FCL � '..,,i.,-:'. < E I '` } ' VIEW OF F IHUMOE STREET LOOKING--- x � _ f , ' k -- ` r "B = MAKAI. ,.'6 ' � - 4 . .' ,1 0 ' t v ,! Nd VIEW OF IHUMOE STREET LOOKING y --,.',410-`-'... r'y ,4 ."=' ri T - DEPUTY PLANNING DIRECTOR ' S Z RECOMMENDATION o 5 Up � Z A FAVORABLE RECOMMENDATION BE FORWARDED TO THE COUNTY COUNCIL FOR E5 0 eh SLU 21 -000056 & REZ 21 -000246 0 ",gp"5roP514N(RI-l) \ 'jp 1 SOLT y",1r oubLF YataW ?f.j C.atT6aLlr1E 51-R1P6 I2'WltlrE y' —� 5tof PAR. mid, 1\,`o Government Survey jam`..,. . ire from available Tox \ !g"ul2" fel✓2f're RAMO 5166.1 L5Fr t 1oTE 15 of r E 51A�Ali U 7t4f FlG Ah?Tt?G. <�. 0 AGC 1,WS titfil etIJf� pp..PlaYATC reADIrein 51 MGG66 MAII4TA16.1ED 8Y pie eAtYAlr 04-4J6ts, ZONING5 14016 Reef Prr 51:44.04i24) 71f t pptc &iota. Prepo) „x, ��� — TIMOTHY J. AND KA' 4*+. k= . 100 150 % Ze I n..-.. JJI C znx,T.. II K t\ L A O Ai Trl ,.. tea, ,r":.,...v""- REZONING EXHIBIT i µ,M - MAP SHOWING /t z:.;.::::.r:f::+::.r,T.., LOT 31-8 /9 ° . ,- ^`' Harts- __-—'_ 1��-c m>! F� Being a Portion of Grant 2972 to Kaapau and Kama �� .w7g..o.,..,,„» R NI «�..w.<wa T..w..c...a•,m At Kalaoa 5th, North Kona Island and County of Hawaii, State of Hawaii -,-,Wry INE',c,u raryz,✓I... mrm+' PROJECT NO - , ) ASSOCIATES C Z ROOK. AP.9.2.0 Lam@• f •.m u: xei-.a v 1 MW NET --2 J OPS 015(300 OARS.) r is�� T:N,E]/NE OBF i7 2022(10002KX(MJA;E 0012/0:50804441]&201,(REi0MM0 506,0045) ,. - _ _A__� , - �_ - - _ J . .K A L O A 0 - MOW r 11 1111111111111111111111-• r,4e: .... ..... ' i ... '__ rNrNANr ga9minadOrNe ORIR[ �GGMATIST 1 VICINITY MAPA:tI_oAOt umAgLber%xrPlNt rmeeOeaaWred1trTi r - A-SO IONINO T .r, ra. ,.n c.. 1 •'I r.._U'll1 m `. "'.. • re o-o''1... -:a * , r O.,. : ,�".'w,r•. .. . n. r ,r. ..r. lrrr. . I Recently clearedarea x9793 Pro narea gca•N LOT 31-B __ %1 3.992 ACRES 14 i.,..3 I ... ^^ 29792 _ Y o ,rti ‘;11 „ I..C 1` sa IONiaC .w• ,w rr �\ _ s�uOrr _ • i 1 A % .m9r�N•J[ l zaazO.A lzz, nl Mlik , O(.07. r9 a`Y 2989701.. ,• A-loIONINC ., •0 (A So !O RS-22 IONING) _ • .• V R l 16 Val /I (3 985 ACRES) - l _ U R x•.cm arum. .190.97, / .,..:-:= f -. J w�ruu rw C 0 N/ _ t U m .fto MOW ,� �\.. • 1 29790 {•% =s,,,,...• N ° a �x NAr n%9[a Wrtfr TU-2 - PA• 1 R ` Y rNuNo[ ',veer r a M a4 Nc gm r rug-• I / OF a^ , eStreM _ Mee. A n mortared »rm , K A A 0 A STI-1 -- ---"'"' wwL su \\ D N „.„•,r '• ...s I w Area ahturbed by,dIOO t I,dER er ...t.",.,,,,, r� w • • C • U) 1960 fff Naw 1 een Z 3 ^` „e.. ,9rer ..r. . ,.errs„ .,. _. a 1 rewa )sAg o • r IS ` uo a 5 ___ _.... Arg rah,.. _ - 'm 0 (ii 'T.,n1 ttav REZONING EXHIBIT NFigure A.Haus and Henry n _ — MAP SHOWING a`•11101159..', � ,...7.,-,4,,,•:::z',':.-. t^ LOT 31—B 6/0115: .rn m.•.e m Cour*svp * e1A% d t•A1 '� °w °A Being a Portion of Grant 2972 to Koapou and Kama .,. ,,,e» mw ma At Kolaoa 5th, North Kona Island and County of Hawaii, State of Hawaii /rwr s PRO ECI N0: ...15458..3 Ilrr0l10 J,,AND IYA.Now.%W9il(OXIgK) wrs THOMAS c• s .. NIP APRs e.Iam AAA„r•rrrr, ur �- AMP 885, I-J-005-0IS ORO PNSCw) �+-��y :WWI,/3%.77,,1700,729 C Awl w=.;,i�iru Ft"eelNNr'to w80