HomeMy WebLinkAboutCOM 0427.000 2000-2002 JNSY'OF yA~
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Harry Kim \\;,r;...~ t t` ( t ..C,hristopher J. Yuen
Mayor -+~ss L: y t.,..;:,,_j Director
f OF HP' ~'~~~Y{ ! Z¢y ,,(Zov R. Takemoto
c~. IYF'~ ZtyDirector
PLANNING DEPARTMENT
25 Aupuni SQreet, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 • Faz (808) 961-8742
November 15, 2001
Steven S. C. Lim, Esq.
c/o Carlsmith Ball LLP
PO Box 686
Hilo, HI 96720
Dear Mr. Lim:
Special Perrrlit (SPP ledo. 1040)
Applicant: Edwin I)eLuz Trucking ~i Gravel, LLC.
Subject: I2equeSt ~~r A[llYliniStratlVC Tlnfl~ ExtenSlOn
Tax lO~Iap Key: 4-7'-007:011 portion)
This is to confirm receipt of your letter of October 24, 2001 requesting a time extension
to comply with Condition 3 of Special Permit No. 1040. As you are aware, the effective
date of this permit was November 16, 1999, thus the requirement stipulated in Condition
3 should have been completed by November 16, 2000. Under Condition 10 of Special
Permit No. 1040, the Planning Director may grant time extensions for a period of one
year provided that:
1) non-performance is the result of unforeseen conditions,
2) granting the extension is not contrary to the General Plan, and
3) granting the extension is not contrary to the original reasons for granting the permit.
Given the delays imposed by the contracted surveyor and the timetable you have laid out
for completion of the survey work, the Planning Director hereby grants two consecutive
one-year extensions such that compliance with Condition 3 of the special permit must be
demonstrated on or before November 16, 2002.
We must also point out that for this permit to remain valid, you must comply with all of
the stipulated conditions. In addition to complying with Condition 3, which requires that
a metes and bounds description, in map and written form, be filed with the Planning
Director within one year from the effective date of the permit, you must also comply with
the following conditions before commencing quarry activity.
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Steven S. C. Lim, Esq.
c/o Carlsmith Ball LLP
Page 2
November 15, 2001
Condition 2 stipulates that you must receive an archaeology clearance from the State
Historic Preservation Division before commencing with any land clearing.
Condition 4 requires that a Site Restoration and Revegetation Plan must be submitted to
the Planning Director for approval before commencing quarry activity.
Conditiola 5 states that prior to the commencement of quarry activity, written notification
shall be submitted to inform the Planning Director of the start date.
Please understand that subsequent to this request, any future requests for extension of
time to comply with the conditions of Special Permit No. 1040 shall be heard by she
Planning Commission and such requests must conform to application procedures for
amending the existing special permit.
Please feel free to contact Eileen O'Hora-Weir or Susan Gagorik of our office
at 961-8288 should you have any questions.
Sincerely,
~ .
CHRISTOPHER J.`,I~[JEN
Planning Director
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CARLSMITH BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
nn
121 WAIANUENUE AVENUE
P.O. BOX 686
HILO, HAWAII 9672 1-068 6 I ~
TELEPHONE (808) 935-6644 FAX (808) 935-7975
W W W.CARLSMITH.COM
October 24, 2001
Christopher J. Yuen, Esq.
Planning Director
Planning Department
County of lE-Iawaii
25 Aupuni Street
Hilo, Hawaii 96729
Re: Condition 9 of Special Permit No. 1040
Applicant: Edwin DeLuz Trucking & Gravel, LLC
Tax Map Key: 314-7-07:11 (portion
Dear Mr. Yuen:
The Planning Commission on November 16, 1999 issued Special Permit No. 1040 to
Applicant Edwin DeLuz Trucking & Gravel, LLC ("DeLuz") for the establishment of an
aggregate quarry and crushing operation with accessory uses at Kapoaula, District of Hamakua.
Condition 3 of the Special Permit provides as follows:
"Condition 3: Metes and bounds description, in map and written form, of the
14.509 acre area for the quarry shall be filed with the Planning
Director within one year from the effective date of this Special
Permit."
DeLuz has retained the services of R.M. Towill to prepare a metes and bounds
description. Unfortunately, the surveyor will not be able to commence the survey of the property
until approximately February, 2002.
Therefore, pursuant to Condition 10 of Special Permit No. 1040, DeLuz respectfully
requests your approval of a one-year time extension to November 16, 2002, in which to comply
with Condition 3 of the Permit. The time extension request is: (1) required as a result of
conditions beyond the control of the Applicant, and not the result of its fault of negligence; (2)
HONOLULU KAPOEEI HIED KONA MAUI GUAM SAIYAN LOS ANGELES - WASHINGTON, D.C - MEXICO
Christopher J. Yuen
Planning Director
October 24, 2001
Page 2
would not be contrary to the General Plan or Zoning Code; (3) would not be contrary to the
original reasons for granting of the permit; and (4) is for a time period not exceeding that which
was originally granted for performance.
Should you have any questions, please feel free to contact me. Thank you for your
consideration.
Very truly yours,
f
STEV~T S.~'C. LAM
SSL:KYL
xc: Edwin DeLuz Trucking & Gravel LLC
Roy Takemoto, Deputy Planning Director