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HomeMy WebLinkAboutCOM 0556.000 2000-2002 JNty'oF h'?dg. po • ~ ~\~~.1~, Harry Kira Christopher J. Yuen Mayor ' ~ Director ar°.. pa Ma vt •oF•HPaa e ~ RO}' E'~.. TakeTfl10t0 Deputy Director f~~~.tx~~~r ~~~rt i PL,AlollelING I7EPt~IZTMPIVT 25 Au}suni StrEFf, Roorn 109 • Hilo, Hawaii 96720-4252 (808) 351-8288 • Fax (SOS) 961-8742 ::°'r o"'.> - March 8, 2002 p ` ' ~ - ~•<e,.,. Mr. Robert Stuit 1250 Oceanside Partners 78-6831 Alii Drive #K15 Kailua-Kona, HI 96740-2440 ' Dear Mr. Stuit: Developanent Agreement NO. 1 Change of Zone Ordinance No. 96-7 (12EZ 812) Change of Zone Ordialance No. 96-8, amended Ord, No. 94-73 (IZEZ 765) App9icant: 120 Oceanside Partners Subject: 2002 Anneal Progress Deport Tax 1l~la~ Ivey: 7-9-012:011, nor 003 ~ 004; 8-1-004: Portion of 003 This is to acknowledge receipt of your detailed annual progress report dated January 11, 2002 as required under the above referenced rezoning ordinances. We apologize for our delay in acknowledging the submittal of your annual progress report. Thank you for your attention to this matter. The report will be forwarded to the County Council and the Planning Commissior. for their reference. We look forward to the submittal of your next annual progress report on or before January 15, 2003. Noa ~f. T;~. ~ i ~f, Mr. Robert Stuit 1250 Oceanside Partners Page 2 March 8, 2002 In the meantime, please feel free to contact Eileen O'Hora-Weir or Susan Gagorik of our office at 961-8288 should you have ~:ny questions. Sincerely, CHRISTOPHER . YUEN Planning Director EOW:cps p:\wpwin60\eileenlletterslLoceanside 1250REZ765APReow xc w/report: County Council Planning Commission Planning Dept. -Kona ~x__ . r ~ January 11, 2002 Mr. Christopher J. Yuen, Planning Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 ATTENTION: ALICE KAWAIIA Subject: 2002 Annual II!.eports '~`a. I)evelop~nent Agreement No. 1 1p" Change of Zone Ordinance No. 96-7 Cbange of Zone Ordinance No. 96-8 S1LIA Use Per~ait No, 356 Dear Mr. Yuen: I am pleased to submit the following annual reports for Development Agreement No. 1 ,4""°~,1 ("Agreement") by and between the County of Hawaii ("County") and Oceanside 1250 ("Oceanside"), in accordance with Item 24 of said Agreement, Condition No. R of Change of Zone Ordinance No. 96-7, Condition No. V of Change of Zone Ordinance No. ' 96-8 and Condition No. 13 of Special Management Area Use Permit No. 356. ~ In April of 1998, Oceanside 1250 and the Hawaii County entered a Development Agreement to identify the obligations of Oceanside, to provide assurance that these obligations are met in a timely manner, to provide assurances to Oceanside that it may complete full development of the Hokukano Project ("Project") and the Mamalahoa ' ="i Highway Bypass ("Bypass"), to allow Oceanside and the County to enter a reimbursement agreement for costs associated with the Bypass and to reduce or eliminate uncertainty in the responsibilities of Oceanside and the County relating to the ' development of the Project and the Bypass. The scope and purpose of the Development Agreement is consistent with Ordinance 93-37, the Development Agreement Code and Rule 1, which implements procedures for the application, preparation and administration of development agreements as provided by Ordinance 93-37. The Development Agreement includes the approvals of Change of Zone Ordinance No. 96-7, Change of Zone Ordinance No. 96-8, Change of Zone Ordinance No. 97-36, Special Management Area Use Permit No. 345, Use Permit No. 115 and Special Management Area Use Permit No. 356. The Development Agreerraent was executed and approved by the Mayor on Apri120, 1998. ,tea u t,. zfi,,.. (250 Oceanside Pnrniers 78-61331 Ali'i Drive #KIS Kailua-Kona, Hawai'~ 96140-2440 www.hokulia.com :F' t' Mamalahoa highway Bypass ' 9 Z 'F' ' The Mamalahoa Highway Bypass is in part, designed to address existing traffic ' ~ ~ conditions in the area and to provide an alternative route for interregional traffic between North and South Kona in support of the County's long-range traffic plan. - " " The Draft Environmental Impact Statement and Final Environmental Impact Statement @' (DEI and FEIS) were both approved and accepted by Department of Public Works. The construction plans are in at the County for review and approval. SHPD approved the Archaeological Inventory Survey on November 21, 2001. Oceanside has completed a purchase agreement with each of the landowners along the ;r .;'f`;, Bypass Route except for owners at the south end who are still reviewing their documents. = its ,;t'., `~1~` Coastline Park pig:; . Oceanside obtained approval of the Public Access and Shoreline Management Plan on - - January 29, 1999. This plan addresses the public access areas, perpetual access . • covenants, archaeology, marine resources and related improvement measures. Details of the provisions for historical sites were developed and will be implemented as part of the ~;<~~F~~`< comprehensive archaeological mitigation plan that was approved by SHPD on September is?'r 7, 1999 ~,nd September 15, 1999. ~~le are in the process of completing an Archaeology ` Inventory Survey for the State Parcel at Hokukano Village. ~~~„~i, a, In addition, Oceanside obtained approval of both the CDUA HA -2977 and SMA Permit ` No. 401 that outline the proposed facilities to be developed in the Coastline Park. We are S:~»: ' in the process of preparing the necessary documents as required and anticipate the preparation of construction plans as required by the conditions of approval of both ermits to ensure that the are cony lied bein with. The annual re ort re wired b SMA p Y p g P q Y is. Permit No. 401 will provide greater detail of our progress on this component of the Project. f • ~t<Y , `p':- Members' Lodge i:'~+~~ _~fi~ ' We have conducted various architectural and planning studies for the lodge facilities, its - Er: development, phasing and scheduling. In December of 2001, we submitted an application for Final Plan Approval to the Planning Department. SMA Permit No. 403 for the facility was approved by the Planning Commission on May 5th, 2000. Archaeology rt' ` ~~~`;"~~s< Oceanside obtained approval from SHPD on September 7, 1999 and September 15, 1999 • 14_ on the Integrated Archaeological Mitigation Plan that includes a data recovery plan, an ~~1~, interim protection/preservation plan, interpretive plan and a monitoring plan. We are currently in the process of preparing the final Preservation Plan in consultation with ,a ; <~; `s'. a ~Y' DLNR and Hawaiian community organizations. As required by the terms of the land use entitlements for the Project, approved mitigation measures are being implemented prior f to or in conjunction with and land alteration on the property. zE 'pl'F': ,,;='•~~F,'«< Subdivision :1, On December 1, 2000, the County issued Final Subdivision approval for Phase II that '?>@~"°'>' includes 98 lots plus roadways and easements for the second increment of residential/agricultural lots in the project. Phase I subdivision improvements are currently under construction including all of the underground utilities and roadway . ~ improvements. _ aixrigp;..> ~i. ;l'F Golf Course -;,F~, ~F~;: `A, " A grubbing permit for the golf course was issued on January 11, 1999. A gradir_g permit ~;F~,.,;~;, for the golf course was issued on September 24, 1999. Construction work continues on all facets of the course construction. .+_..:v=;. Other Items `'•o~: There are no other items to report that affect the status of the Project or the Bypass as it ' • relates to the terms of the Agreement. Oceanside 1250 intends to meet all of the terms `~~`Si' i.t~ and comply with all of the conditions that are specified within the Agreement. ,;at$E For your reference, we have attached a chart that indicates the status for each condition ,,.3., for the two zoning ordinances and the SMA permit. I trust the above provides a useful description of the status of development and '`'~~f compliance with the conditions of approval for the ordinances. Should you have any questions regarding this report, or if you require further information regarding the Pro ect, please contact either Robert Stuit or myself at (808) 938-7404. ,;~:;,,,r:, j ' i` ~E~~. Sinc "el .:1'.: a~'~,,,=~'~ obert A. Stuit ~~.i' :>~._~'1=,: Vice President of Planning and Design i _ ,G~` ~ Attachments 15x~ ~ ~ ' Cc: Lyle Anderson .h Ben Kudo <:; James Leonard ,;';,7°°~:<' Bill Moore Yutaka Takeda Ben Tsukazaki ,F:. ~;t ~ I-lokuli a Change of Zone Ordinance No. 96-7 -January 15,1996 2002 Annual Report Jasauary 11, 2002 Permit/ No. Condition Status Cornrnents/Next Steps Ord. 96-7 A. Comply with Stated On going Hokuli'a agrees that it will comply with all stated Conditions of Approval conditions of approval. Ord. 96-7 B. Comply with Ongoing Hokuli' a will comply with this requirement Requirements of Chapter 205 relating to permissible uses in the A cultural District. Ord. 96-7 C Requires transfer of water Complied Assignment of rights to water commitment units commitment rights was executed on March 17, 1999. Secure additional In process Hokuli'a will comply with this requirement commitments prior to 500"' unit. Ord. 96-7 D. Secure Final Subdivision Complied FSA for Phase I of SUB 98-124 granted on Sept. Approval (FSA) within 5 18, 1999 ears of effective date. Ord. 96-7 E. Construct wastewater In process Hokuli'a will comply with this requirement. disposal system meeting with the approval of DOH Wastewater disposal system was bonded as part of or DPW subdivision improvements for Phase 1 and 2 of Hokuli' a and Phase I is currently under construction. Ord. 96-7 F. All elecfixical and In process Hokuli'a will comply with this requirement. communication utility lines shall be underground Utility improvements for Phase 1 and 2 were (except for main 69 Kv bonded and Phase I is currently under construction. line Ord. 96-7 G Submit flood study in Complied Flood and Drainage Study for Phase 1 and 2 areas conjunction with plans for were submitted August 4, 1999 subdivision review. Construct drainage In process Hokuli'a will comply with this requirement. improvements prior to FSA Ord. 96-7 H. Submit Archaeological Complied Letters dated 9/7/99 and 9/15/99 from SHPD Mitigation and approved the Data Recovery Plan. and the Interpretation Plan prior Preservation and Interpretive and Monitoring to submitting plans for Plans, respectively. subdivision approval Approved mitigation In process Hokuli'a will comply with the requirements of the plans shall be approved mitigation plan prior to or in conjunction implemented prior to or in with any land alternation. conjunction with any land alteration. Page No. 1 l~oliuli' a Change of Zone Ordinance No. 96-7 -January 15, 1996 20-02 Annual 1Zeport January 11, 2002 Permit/ No. Condition Status Comments/Next Steps Ord. 96-7 I. Cease work if unidentified On-Going Hokuli'a will comply with requirement. sites or remains are encountered . Ord. 96-7 J. Prepare Solid Waste Complied Solid Waste Management Plan approved 10/31/00. Management Plan Approved In process Hokuli'a will comply with this requirement. recommendations and mitigation measures shall be im lemented. Ord. 96-7 K. Comprehensive Public Complied Letter dated Jan 29, 1999 from Director approved Access Plan shall be the public access plan. prepared in consultation with community groups, Planning Director and DLNR prior to FSA or land Alternation Construction of shoreline Complied Hokuli'a will comply with this requirement. park and access ways Hokuli'a has secured SMA No. ~O1 on May 5, shall be subject to 2000 and CDUA HAA-2977 on November 17, obtaining of CDUA and 2000 approvals for the shoreline park. SMA ermits. Ord. 96-7 K. 1 25% of park area shall be In process Hokuli'a will comply with this condition development in phases within 5 years of FSA. First phase of park shall be opened within 30 day of o enin of ¢olf course. Ord. 96-7 K. 2 25 parking stalls shall be In Process Hokuli'a will comply with this condition. provided upon opening of first phase of park area. The number of stalls shall On going be increased commensurate with the approval of additional ark teases. Ord. 96-7 K. 3 Public shoreline access In process Hokuli'a will comply with this condition. plan shall integrate access to interpretive trails and archaeological sites in conjunction with miti ation lan. Page No. 2 ~okuli' a Change of Zone Ordinance No. 96-7 -January 15, 1996 2002 Annual Report January 11, 2002 Permit/ No. Condition Status Coyragnents/Next Steps Ord. 96-7 L. Convey perpetual Complaed Grant of Public Access Easement was recorded easement the right to with the Bureau of Conveyances on December 29, public access and 1999. recreational use of the coastline park and trails rior to FSA Ord. 96-7 M. 1 Construct Mamalahoa Complied Haleki~i Street intersection improvements at Highway-Haleki' i Street Mamalahoa Highway were completed and in intersection improvements operation as of January 11, 1999. prior to FSA. Ord. 96-7 M. 2 Determine final Complied DPW approved Bypass alignment on January 1997. Mamalahoa Highway Metes and Bounds of MHB Right-of--Way and Bypass (MHB) right-of- Evidence of Control were submitted to the County way alignment prior to on September 10, 1999. FSA. Provide metes and bounds description and evidence of control of each segment. Ord. 96-7 M. 3 Construct Mamalahoa Complied These improvements were bonded as part of Phase Highway Bypass in its I in accordance with Section 23-81 of the entirety prior to FSA Subdivision Code and Paragraph< 13 of Development Agreement No. 1 The section between In process Hokuli'a will comply with this requirement. Keauhou and Haleki' i Street shall be completed prior to occupancy of any dwellin unit. Ord. 96-7 M. 4 Construct the extension of Complied These improvements were bonded as part of Phase Halekii Street through the 1 in accordance with Section 23-81 of the property meeting with the Subdivision Code and Paragraph 13 of approval of DPW prior to Development Agreement No. 1. FSA Ord. 96-7 M. 5 Provide roadway stubouts Complied These roadway stubouts have been incorporated as shown on Exhibit "B" on the Final Plat Map for Subdivision No. 7168. meeting with the approval These improvements were bonded as part of Phase of DPW prior to FSA 1 in accordance with Section 23-81 of the Subdivision Code and Paragraph 13 of Develo went A Bement No. 1. Page No. 3 Hokuli' a Change of Zone Ordinance No. 967 -January 15, 1996 2€ld2 Annual Report January 11, 2002 Permit) 10To. Condition Status Coynra~ents/lolext Steps Ord. 96-7 N. Bonding of improvements On-G®ing Improvements were bonded as part of Phase 1 and required pursuant to 2 FSA. Conditions D, F, H, K and L or Ord. 96-8 (Conditions E, G, J, K and M of Ord. 96-7) is allowed. Ord. 96-7 O. Fair share contribution for Cotaaplied Fair share requirements were complied with for impacts on parks, fire, Phase 1 and 2 of the project. Hokuli'a will comply police solid waste and with this requirement for future phases of the roads shall be made prior project. to FSA. Ord. 96-7 P. Comply with all On Going Hokuli a will comply with all applicable laws, applicable laws, rules, and rules and requirements. re uirements. Ord. 96-7 Q. Acknowledge that On Going Hokuli'a acknowledges that required exactions exactions required herein may be credited towards the requirements of an shall be credited towards Unified Impact Fee Ordinance should it be the requirements of a adopted. Unified Impact Fee Ordinance should it be ado ted. Ord. 96-7 R. Provide annual progress In process Hokuh a will provide annual reports to the County reports. in accordance with this requirerdaent. Ord. 96-7 S. Acknowledges that a time On Going Hokuli'a acknowledges that a time extension for extension for compliance compliance with the conditions of approval may be with the conditions of granted by the Director a royal ma be anted Page No. 4 Hokulia Change of Zone Ordinance No. 96-5 -January 15, 1996 2002 Annual Report January 11, 2002 No• Condation Status Comments/Next Steps Ord. 96-8 A. Comply with Stated On going Hokuli' a agrees that it will comply with all stated Conditions of Approval conditions of approval. Ord. 96-8 B. Establishes effective date Complied Effective date of zoning is March 17, 1995 Rezoning Ord. Ord. 96-8 C. Secure Tentative Complied Tentative Subdivision Approval for Phase 1 of Subdivision Approval Hokulia was granted on December 9, 1999. within 4 years of effective Revised Tentative Approval granted on Jul. 29, date of Change of Zone by 1999 March 17 1999. Secure Final Subdivision Complied FSA for Phase I of SUB 98-124 granted on Sept. Approval (FSA) within 5 18, 1999 years of effective date of Ordinance. Ord. 96-8 D. Construct wastewater In process Hokulia will comply with this requirement. disposal system meeting Wastewater disposal system was bonded as part of •vith the approval of DOH subdivision improvements for Phase 1 and 2 of or DPW Hokulia and Phase I is currently under construction. Ord. 96-8 E. All electrical and In process Hokulia will comply with this requirement. communication utility lines shall be underground Utility improvements for Phase 1 and 2 were ~exce t for 69 Kv line) bonded and Phase I is currently ender construction. Ord. 96-8 F. Submit flood study in Complied Flood and Drainage Study for Phase 1 and 2 areas conjunction with plans for were submitted August 4, 1999 subdivision review. Construct drainage In process Hokulia will comply with this requirement. im rovements rior to FSA Ord. 96-8 G. Submit Archaeological Complied Letters dated 9/7/99 and 9/15/99 from SHPD Mitigation and approved the Data Recovery Plan and the Interpretation Plan prior to Preservation and Interpretive and Monitoring submitting plans for Plans, respectively. subdivision approval Approved mitigation plans In process Hokuli' a will comply with the requirements of the shall be implemented prior approved mitigation plan prior to or in conjunction to or in conjunction with with any land alternation. any land alteration. Page No. 1 ~okuli' a Change of Zone Ordinance No. 96-8 -January 15, 1996 2002 Annual Report January 11, 2002 No. Condition Status Comtaeents/Next Steps Ord. 96-8 H. Comprehensive Public Complaed Letter dated Jan 29, 1999 from Director approved Access Plan shall be the public access plan. prepared in consultation with community groups, Planning Director and DLNR prior to FSA or land Alternation Construction of shoreline Complied Hokuli'a will comply with this requirement. park and access ways shall Hokuli'a has secured SMA No. ~O1 on May 5, be subject to obtaining of 2000 and CDUA HA-2977 on November 17, 2000 CDUA and SMA ermits. a royals for the shoreline ark. Ord. 96-8 H. 1 25% of park area shall be In process Hokuli'a will comply with this condition development in phases within 5 years of FSA. First phase of park shall be opened within 30 day of o enin~ of olf course. Ord. 96-8 H. 2 25 parking stalls shall be In Process Hokuli'a will comply with this condition. provided upon opening of first phase of park area. 'The number of stalls shall On going be increased commensurate with the approval of additional ark haws. Ord. 96-8 H. 3 Public shoreline access plan In process Hokuli'a will comply with this condition. shall integrate access to interpretive trails and archaeological sites in conjunction with mitigation plan. Ord. 96-8 I. Convey perpetual easement Complied Grant of Public Access Easement was recorded the right to public access with the Bureau of Conveyances on December 29, and recreational use of the 1999. coastline park and trails rior to FSA Ord. 96-8 J. Cease work if unidentified On-Going Hokuli'a will comply with requirement. sites or remains are encountered . Page No. 2 l~okuli' a Change off Zone Ordinance No. 96-8 -January 15, 1996 2002 Annual Report January 11, 20€12 No• Condition Status Comments/Next Steps Ord. 96-8 K. Prepare Solid Waste Complied Solid Waste Management Plan approved 10/31/00. Management Plan Approved recommendations In process Hokuli' a will comply with this requirement. and mitigation measures shall be im lemented. Ord. 96-8 L 1 Construct Mamalahoa Complied Haleki'i Street intersection improvements at Highway-Haleki'i Street Mamalahoa Highway were completed and in intersection improvements operation as of January 11, 1999. prior to FSA. Ord. 96-8 L 2 Determine final Mamalahoa Complied DPW approved Bypass alignment on January 30, Highway Bypass (MHB) 1997. Metes and Bounds of MIIB Right-of--Way right-of--way alignment and Evidence of Control were submitted to the prior to FSA. Provide County on September 10, 1999. metes and bounds description and evidence of control of each segment. Ord. 96-8 L 3 Construct Mamalahoa Complied These improvements were bonded as part of Phase Highway Bypass in its I in accordance with Section 23-81 of tree entirety prior to FSA Subdivision Code and Paragraph 13 of Development Agreement No. 1 The section between In process Hokuli'a will comply with this requirement. Keauhou and Haleki' i Street shall be completed prior to occupancy of any dwelling init. Ord. 96-8 L 4 Construct the extension of Complied These improvements were bonded as part of Phase I~alekii Street through the 1 in accordance with Section 23-81 of the property meeting with the Subdivision Code and Paragraph 13 of approval of DPW prior to Development Agreement No. 1. FSA Ord. 96-8 L 5 Provide roadway stubouts as Complied These roadway stubouts have beLn incorporated shown on Exhibit "B" on the Final Plat Map for Subdivision No. 7168. meeting with the approval These improvements were bonded as part of Phase of DPW prior to FSA 1 in accordance with Section 23-51 of the Subdivision Code and Paragraph 13 of Develo ment A Bement No. 1. Page No. 3 I-€okuli a Change of .Zone Ordinance leTo. 96-8 -January 15, 1996 2002 Annual Report January 11, 2002 No. Condition Status Comra~ents/lOText Steps Ord. 96-8 M. All roadway improvements In process Hokuli'a will dedicate Haleki'I Street extension stated on Condition L shall and Road C to the County, or in the alternative, be dedicated to the County seek an amendment to this requirement. In the event of dedication, Hokuli'a has entered into an agreement to allow certain landscaping improvements within the right-of way. Hokuli' a agrees to maintain these areas in accordance with the a roved Maintenance A Bement. Ord. 96-8 N. Provide two acres of land Complied Dedication was submitted to the County. abutting the north side of Kona Scenic Park for public ores rior to FSA. Ord. 96-8 O. Bonding of improvements On-Going Improvements were bonded as part of Phase 1 and required pursuant to 2 FSA. Conditions D, F, H, K and L is allowed. Crd. 96-8 P. Demonstrate that In process Hokuli'a will comply with this condition. agricultural activity is being conducted on the subdivided lots b Se tember 18, 2002 Ord. 96-8 Q. Restrictive covenants Complied Covenant recorded with the Bureau of prohibiting construction of Conveyances prohibiting construction of second second dwellings prior to dwellings in Phase 1 and 2. Hok~uli'a will comply FSA. Copy of approved with this requirement for future phases of the covenant shall be recorded project. S.~~ith the Bureau of Conve antes rior to FSA. Ord. 96-8 R. Fair share contribution for Complied Fair share requirements were complied with for impacts on parks, fire, Phase 1 and 2 ofthe project. Hokuli'a will comply police solid waste and roads with this requirement for future phases of the shall be made rior to FSA. ro~ect. Ord. 96-8 S. Should DOE adopt an Complied Per its letter of January 20, 1999, Planning Educational facilities impact Department has determined that the DOE has not feE program, participate in adopted an educational facilities impact fee as of the requirements of the this date. ro am. Ord. 96-8 T. Comply with all applicable On Going Hokuli'a will comply with all applicable laws, laws, rules, and rules and requirements. re uirements. Ord. 96-8 U Acknowledge that exactions On Going Hokuli'a acknowledges that required exactions required herein shall be may be credited towards the requirements of an credited towards the Unified Impact Fee Ordinance should it be requirements of a Unified adopted. Impact Fee Ordinance should it be ado ted. Page No. 4 1-Iokuli a Change of Zone Ordinance 110. 96-8 -January 15, 1996 2~fl2 Annual Report January 11, 202 1vo. Condition Status Cornrnents/lolext Stegas Ord. 96-8 V. Provide annual progress In process Hokuli'a will provide annual reports to the County reports. in accordance with this requirement. Ord. 96-8 W Acknowledges that a time On Going Hokuli`a acknowledges that a time extension for ~,xtension for compliance compliance with the conditions ®f approval may be with the conditions of granted by the Director a royal ma be anted Page No. 5 I-Iokuli a Special Nlanage~nent Area Use Permit No, 356 (September 14, 1995) To Allow Development of tlae Agricultural Subdivision and Related Improvements 21I02 Annual Rep®rt Ja~auary 11, 20€IZ Permit/ No. Condition Status Comments SMA 356 1. Comply with Stated On going Hokuli'a agrees that it will comply with all stated Conditions of A royal conditions of a royal. SMA 356 2. Indemnify the County for Coaaiplied Indemnification has been incorporated into project any loss or claim arising CC&R's. under this ermit. SMA 356 3. Establishes that the Complied Effective date of Ord. 96-7 is January 15, 1996 effective date of SMA permit shall be the same as Ord. 96-7 SMA 356 4 Submit Archaeological Complied Letters dated 9/7/99 and 9/15/99 from SHPD Mitigation and approved the Data Recovery Plan and the Interpretation Plan prior to Preservation and Interpretive and Monitoring submitting plans for Plans, respectively. subdivision approval Approved mitigation plans In process Hokuli' a will comply with the requirements of the shall be implemented prior approved mitigation plan prior to or in conjunction to or in conjunction with with any land alternation. any land alteration. SMA 356 5. Cease work if unidentified On-Going Hokuli'a will comply with requirement. sites or remains are encountered . SMA 356 6. Prepare Natural Resource Complied NRM was approved by the County on July 9, 1999. Mana ement NRM Plan SMA 356 7. Submit flood study in Coxt~plied Flood and Drainage Study for Phase 1 and 2 areas conjunction with plans for were submitted August 4, 1999 subdivision review. Construct drainage In process Hokuli' a will comply with this requirement. improvements prior to FSA SMA 356 8. Use ofpesticides and On-Going Hokuli'a agrees to comply with this condition. herbicides shall conform with applicable regulations of appropriate government a encies. SMA 356 9. Minimize dust and runoff On-Going Hokuli'a will continue to comply with this sedimentation. Measures condition. shall be in compliance with industry standards and ractices. Page No. 1 I-Iokuli' a Speeial 1l~Ianagement Area Use Permit No. 356 (September 14, 1995) To Allow Development of tl~c Agricultural Subdivision and Related Improvements 2F3~2 Annual Report .Ianuary 11, 20132 Permit/ No. Condition Status Comments SMA 356 10. Prepare an overall water Complied Water Monitoring Plan was approved by the monitoring plan prior to County on July 14, 1999. FSA. SMA 356 11. All electrical and In process Hokuli'a will comply with this requirement. communication utility lines shall be underground Utility improvements for Phase 1 and 2 were (except for main 69 Kv bonded and Phase I is currently under construction. line SMA 356 12. Construct wastewater In process Hokuli'a will comply with this requirement. disposal system meeting with the approval of DOH Wastewater disposal system was bonded as part of or DPW subdivision improvements for Phase 1 and 2 of Hokuli'a and Phase I is currently under construction. SMA 356 13. Provide annual progress In process Hokuli'a will provide annual reparts to the County re orts. in accordance with this re uirement. SMA 356 14. Acknowledges that a time On Going Hokuli'a acknowledges that a time extension for extension for compliance compliance with the conditions of approval may be with the conditions of granted by the Director a royal ma be anted Page No. 2