The URL can be used to link to this page

Home My WebLink AboutCOM 0052.000 2008-2010William P. Kenoi Mayor December 18, 2008 Steven S.C. Lim, Esq. Carlsmith Ball LLP P.O. Box 686 Hilo, HI 96721-0686 Dear Mr. Lim: County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 . Fax(808)961-8742 CV, w Daryn S Arai Acting Planning Director Use Permit Nos. 197 and 198, Special Management Area (SMA) Use Permit No. 439, Change of Zone Ordinance No. 88-159; TMK 7-3-009:003 and 016 Applicant: Kohanaiki Shores, LLC (formerly Rutter/K.W. Kohanaiki, LLC) Subject: 2008 Annual Progress Reports This is to acknowledge receipt of your letters dated November 24, 2008 containing the annual progress reports for the above referenced permits and approvals. Please accept our apologies for not responding sooner. Upon review of these reports we have the following comments: We do not have record of a master landscaping plan being submitted in compliance with Condition 4 of the SMA permit. Please submit this plan for our review and approval. 2. We have one color copy of the "Summary of Constraints" 3 -ring binder and map dated February 20, 2007, but would appreciate two additional copies.. In addition, in August 2007 (after this binder was originally prepared) additional anchialine ponds were discovered on the site. Please incorporate a colored version of the "Updated Anchialine Pond Maps" dated August 29, 2007 into the "Summary of Constraints" binders. 3. Please provide a copy of the Kaloko Screening and Planting Plan dated January 1, 2007. It is listed as Exhibit C of the SMA report, but is missing. 4. Exhibit 4-1 and 5-1 of the Kohanaiki Public Access Plan are small and difficult to read. Please send three color copies of these exhibits on 11" x 17" paper Comm. No. 52 Ref. To: '� Ref. Dote _p_EC_3g 2nnR Hawai'i County is an equal opportunity provider and employer uLIi' — `w r> 0 -' co N I' i GJ Use Permit Nos. 197 and 198, Special Management Area (SMA) Use Permit No. 439, Change of Zone Ordinance No. 88-159; TMK 7-3-009:003 and 016 Applicant: Kohanaiki Shores, LLC (formerly Rutter/K.W. Kohanaiki, LLC) Subject: 2008 Annual Progress Reports This is to acknowledge receipt of your letters dated November 24, 2008 containing the annual progress reports for the above referenced permits and approvals. Please accept our apologies for not responding sooner. Upon review of these reports we have the following comments: We do not have record of a master landscaping plan being submitted in compliance with Condition 4 of the SMA permit. Please submit this plan for our review and approval. 2. We have one color copy of the "Summary of Constraints" 3 -ring binder and map dated February 20, 2007, but would appreciate two additional copies.. In addition, in August 2007 (after this binder was originally prepared) additional anchialine ponds were discovered on the site. Please incorporate a colored version of the "Updated Anchialine Pond Maps" dated August 29, 2007 into the "Summary of Constraints" binders. 3. Please provide a copy of the Kaloko Screening and Planting Plan dated January 1, 2007. It is listed as Exhibit C of the SMA report, but is missing. 4. Exhibit 4-1 and 5-1 of the Kohanaiki Public Access Plan are small and difficult to read. Please send three color copies of these exhibits on 11" x 17" paper Comm. No. 52 Ref. To: '� Ref. Dote _p_EC_3g 2nnR Hawai'i County is an equal opportunity provider and employer uLIi' — `w Steven S.C. Lim, Esq. December 18, 2008 Page 2 Finally, thank you for providing such thorough annual reports. We will forward the reports to the Planning Commission and County Council for their information. If you have any questions, contact Norman Hayashi or Maija Cottle at (808) 961-8288. Serely, DAR ARAI Acting Planning Director M1C:snm P:\wpwin60\Maija\Letters\Annua1 Reports\Kohahaiki 2008 USE197&198-SMA439-REZ616.doc cc w/copy of SMA and USE reports: Planning Commission . Planning Department — West Hawaii Office cc w/copy ofREZ report: -'County Council Planning Department- West Hawaii Office cc w/out reports: Kohanaiki Shores, LLC 0 A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AvENUE P.O. Box 686 HILO, HAWAII 96721-0686 TELEPHONE 808.935.6644 FAx 808.935.7975 W W W.CARLSMrFH.COM SLIMUCARLSMITH.COM November 24, 2008 Mr. Christopher J. Yuen Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Re: 2007-2008 Annual Progress Report Change of Zone Ordinance No. 88-159 Successor Applicant: Kohanaiki Shores, LLC Tax Map Key No. (3) 7-3-009: 003 Kohanaiki, North Kona, Hawaii Dear Mr. Yuen: In compliance with Condition W of Change of Zone Ordinance 88-159 ("COZ 88-159"), Kohanaiki Shores, LLC (hereinafter the "Applicant) submits its 2007-2008 Annual Report for the proposed residential development located on Tax Map Key No.: (3) 7-3-009: 003 (the "Property") discussing compliance with the substantive conditions of approval, listing in order the "Condition" and the Applicant's "Response". Ownership of the Property has changed since the approval of SMA 439. Rutter/K.W. Kohanaiki, LLC transferred its fee interest in the Property to Kohanaiki Shores, LLC on June 5, 2005 and Kohanaiki.Shores, LLC is now the new Applicant. Discovery Land Company is the current Managing Partner of Kohanaiki Shores, LLC. Change of Zone Ordinance No. 88-159 became effective on November 7, 1988 and amended Section 25-87 (North Kona Zone Map) Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code by changing the district classification from Open (0) to Single -Family Residential (RS -10); Multiple Family Residential (RM -3); Resort -Hotel (V-1.25); Village Commercial (CV -10) and Limited Industrial (ML -20) at Kohanaiki, North Kona, Hawaii covered by the subject tax map key. ; SCANNED KAPOLEI HILO KONA MAUI GUAM SAIPAN Los ANGELES , II''"' CARLSMITH BALL LLP '•'^':'.`:.!7`' A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AvENUE P.O. Box 686 HILO, HAWAII 96721-0686 TELEPHONE 808.935.6644 FAx 808.935.7975 W W W.CARLSMrFH.COM SLIMUCARLSMITH.COM November 24, 2008 Mr. Christopher J. Yuen Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Re: 2007-2008 Annual Progress Report Change of Zone Ordinance No. 88-159 Successor Applicant: Kohanaiki Shores, LLC Tax Map Key No. (3) 7-3-009: 003 Kohanaiki, North Kona, Hawaii Dear Mr. Yuen: In compliance with Condition W of Change of Zone Ordinance 88-159 ("COZ 88-159"), Kohanaiki Shores, LLC (hereinafter the "Applicant) submits its 2007-2008 Annual Report for the proposed residential development located on Tax Map Key No.: (3) 7-3-009: 003 (the "Property") discussing compliance with the substantive conditions of approval, listing in order the "Condition" and the Applicant's "Response". Ownership of the Property has changed since the approval of SMA 439. Rutter/K.W. Kohanaiki, LLC transferred its fee interest in the Property to Kohanaiki Shores, LLC on June 5, 2005 and Kohanaiki.Shores, LLC is now the new Applicant. Discovery Land Company is the current Managing Partner of Kohanaiki Shores, LLC. Change of Zone Ordinance No. 88-159 became effective on November 7, 1988 and amended Section 25-87 (North Kona Zone Map) Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code by changing the district classification from Open (0) to Single -Family Residential (RS -10); Multiple Family Residential (RM -3); Resort -Hotel (V-1.25); Village Commercial (CV -10) and Limited Industrial (ML -20) at Kohanaiki, North Kona, Hawaii covered by the subject tax map key. ; SCANNED KAPOLEI HILO KONA MAUI GUAM SAIPAN Los ANGELES , November 24, 2008 • Page 2 I. Status of Development of Kohanaiki Shores Project The Applicant proposes to develop the Kohanaiki Shores project in two or more phases and on a schedule dictated by future housing demand. The Phase I development includes the public beach park recreation area, the project's internal roadway system, the main utility corridor for the project, and creates the first increment of single-family residential lots and bulk lots or "pods" for future residential subdivisions. The Phase I improvements also include the construction of a 18 -hole golf course and support facilities, and various public access improvements including comfort stations at the proposed public beach park recreation area. The subsequent development phases will consist primarily of residential and related infrastructure improvements within the mauka development. "pods". Shortly following acquisition of the Property from Rutter/KW Kohanaiki, LLC in 2005, the Applicant initiated the planning required to adhere to the various land use entitlement regulations placed on the Property. Pursuant to the requirements of SMA 439, the Applicant obtained Final Subdivision Approval on April 18, 2008 for a 112 -lot subdivision, which subdivided the first increment of 83 single-family residential lots located on the west/makai portion of the Property, and created separate lots for the project roadways, the open space lots for the oceanfront public park recreation area and the 18 -hole golf course, in addition to creating seven (7) large bulk lots or "pods" for further residential development and related infrastructure improvements. In order to address the complicated lot elevation and building setback issues, and to facilitate future Subdivision, Plan Approval, and Building Permit reviews by Planning Department staff, the "Kohanaiki Shores Summary of Constraints Map" dated February 20, 2007 was approved by the Planning Director on March 5, 2007 (Exhibit A). Currently, the Applicant's planning and engineering design work is underway for the subsequent residential development phases. Grading and infrastructure development continues within Phase I. In compliance with the specific conditions of the subject Change of Zone Ordinance, the Applicant offers the following: II. Compliance with Conditions of Approval for Change of Zone Ordinance No. 88-159 Condition A: The applicant, successors or its assigns shall comply with all of the state conditions of approval; Response: Condition B: 1. The Applicant shall comply with all of the stated conditions of approval of Change of Zone Ordinance 88-159. In order to allow a determination that the adequacy of potable water can be met for the various zoned districts or a specified increment thereof, the applicant shall either: 4814-8078-2594.1.061968-00003 provide proof of a private water well(s) or desalination plant of such quality and quantity adequate to meet the needs of the proposed November 24, 2008 Page 3 development. Said determination shall be made by the Department of Water Supply upon consultation with the Planning Department, the State Department of Health and the Division of Water and Land Development of the Department of Land and Natural Resources; 2. enter into an Agreement that is executed between the developer and the County through its Departments of Water Supply and Planning to undertake a water source development program, including a desalination plant, with and under the following conditions: a. the developer executes an agreement, which is accompanied by a partial bond, surety or other security deemed appropriate by the Planning Director, to undertake the water source development program; b. there is a specific construction timetable for the water source development program; status reports; and any other information deemed important by the Departments of Water Supply and Planning to assure reasonable progress to undertake the water development program; C. the effective date of the rezoning ordinance occurs only after: 1. there is assurance(s) satisfactory to the departments of Water Supply and Planning, upon consultation with the State Department of Health and the Division of Water and Land Development of the Department of Land and Natural Resources, that a source of sufficient quality and quantity has been established; and 2. an agreement, together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, is executed between the developer and the County through its Departments of Water Supply and Planning for the actual development of a proven water source and its water transmission and distribution system; d. no subdivision and/or development of any portion of the land shall occur unless and until items B (2)(a), (b), and (c) have been complied with; and e. the Planning Director shall be mandated to initiate action to immediately rezone the property to its previous classification if any of the above has not been complied with in a timely manner; Response: The Applicant has satisfied the foregoing condition. On June 15, 1999, 4814-8078-2594.1.061968-00003 November 24, 2008 • • Page 4 (Exhibit B-1) K -W Kau, LLC, K -W Kohanaiki, LLC and the Water Commission of the County of Hawaii entered into a Water Agreement which granted water rights to K -W Kohanaiki LLC for the Property. Following thereafter, on January 11, 2007, Hiluhilu Development, LLC (successor in interest to the rights of K -W Kau, LLC) and the current developer of the Palamanui project, Kohanaiki Shores, LLC (successor in interest to the rights of K -W Kohanaiki Shores, LLC) and the Water Board (successor in interest to the former Water Commission of the County of Hawaii) entered in an Amended Water Agreement dated January 11, 2007 (Exhibit B-2), which amended and restated the following: Construction of improvements meeting the DWS's Standards to transmit water to the Kohanaiki Property through the Palamanui Property with appropriate storage tank or tanks for the Palamanui Development. 2. Hiluhilu Development, LLC has elected to complete Well #2. 3. Kohanaiki has elected to complete Well #1. 4. Kohanaiki Shores is entitled to the Kohanaiki Water commitment of 1,907 equivalent units ("EU") (1,125 EU from Well #1 and 783 EU from Well #2. The Applicant currently receives 300,000 gallons of potable water per day through a temporary connection to a Department of Water Supply ("DWS") water line located at Queen Kaahumanu Highway. The temporary potable water source will terminate once the Palamanui mauka wells are operative. The Applicant is working with the Palamanui development to construct a water transmission system to bring potable water from the Palamanui wells to connect up to the DWS water line located at Queen Kaahumanu Highway. Condition C: A Special Management Area (SMA) Use Permit application for the first phase of development which includes one hotel and the golf course, shall be submitted within one year from the effective date of the change of zone. Plans for the 400 -room Central Hotel and related improvements scheduled to be developed in Phase I, shall be submitted to the Planning Department for plan approval review within one year from the effective date of the first Shoreline Management Area Use Permit. Construction shall commence within one year from the date of receipt of final plan approval and be completed within three years thereafter; Response: The Planning Commission approved Special Management Area Use Permit ("SMA 439") on November 7, 2003, to allow for the development of 500 homes, an 18 -hole golf course, and golf clubhouse, an ocean front public park, resident's beach facility, and related improvements. SMA 439 does not allow the Applicant to construct the Hotel component. The Final Plan Approvals 4814-8078-2594.1.061968-00003 November 24, 2008 • Page 5 (Exhibits C-1 through C-8) obtained by the Applicant are listed below, and these Plan Approvals were submitted and approved in accordance with the Zoning Code and in compliance with the foregoing condition. Each Plan Approval set included a Landscaping Plan in accordance with Planning Department Rule No. 17 (Landscaping Requirements). The Applicant shall continue to comply with this condition, as applicable. Date Plan Approval Description December 11, 2006 Temporary model home on resident's beach facility lot (Exhibit C-1) June 7, 2007 Kohanaiki Beach Club House -"Resident's Beach Facility" (Exhibit C-2) July 10, 2007 18 Hole Golf Course (Exhibit C-3) August 20, 2007 Reverse Osmosis Building (Exhibit C-4) September 14, 2007 Maintenance Facility Buildings includes Administrative, Environmental, Two (2) Equipment Storage, Pump Station, (Exhibit C-5) Fuel & Wash Station Buildings October 22, 2007 Pump station for irrigation and two (2) comfort stations at Kohanaiki Golf Course (Exhibit C-6) January 9, 2008 Kohanaiki Shoreline Park and structures including restroom facility, Canoe Halau, & roadway (Exhibit C-7) 4814-8078-2594.1.061968-00003 November 24, 2008 • Page 6 Date Plan Approval Description February 5, 2008 Kohanaiki "Sales Campus" including sales building, guard house, & entry gate (Exhibit C-8) Condition D: The Applicant will continue to comply with this condition as future phases are developed. Unless a lesser setback is approved by the Planning Director, all proposed buildings, other than those directly related to the golf course operations, shall observe a minimum setback of 100 feet from the edge. of the fairways/greens/ tee areas of the golf course. If deemed necessary, additional setbacks or other mitigating measures, such as additional landscaping along certain portions of the golf course boundaries, may be imposed at the time of plan approval review; Response: The Applicant will continue to comply with the foregoing condition as future residential phases are developed. The Planning Department recently approved the Phase I revised Final Plat Map on April 18, 2008 for Subdivision No. 06- 000327, which respected the required setbacks for the Phase I development as established by Condition D. Condition E: Fully channelized intersection improvements, including but not limited to deceleration, acceleration and left -turn storage lanes and street lighting, shall be provided at the intersection of Queen Kaahumanu Highway and the proposed main resort entry road meeting with the approval of the State Department of Transportation, Highways Division; Response: The Applicant is currently negotiating with the State Department of Transportation ('DOT"), County of Hawaii, and surrounding property owners on terms and conditions of a Memorandum of Agreement to provide for the development of a signalized four-way intersection on Hulikoa Street and Queen Kaahumanu Highway. This signalized intersection and a Frontage Road makai of Queen Kaahumanu Highway would service projects within the immediate area until such time as the State DOT implements its long range plan of limiting crossings of Queen Kaahumanu Highway to selected grade - separated interchanges. . Condition F: A traffic monitoring program of the Queen Kaahumanu Highway- Kohanaiki Resort's intersection shall be submitted to and approved by the State Department of Transportation, Highways Division, prior to receiving final plan approval for any portion of the proposed development. If additional intersection improvements such as, but not 4814-8078-2594.1.061968-00003 0 November 24, 2008 Page 7 • limited to; a fully channelized intersection, with acceleration/deceleration! lanes, an underpass or overpass and signal lights are required as determined by the findings of subsequent monitoring and analysis, the applicant shall provide the improvements in accordance with the requirements of the State Department of Transportation, Highways Division. These improvements may be provided jointly with adjoining property owner's; Response: The Applicant has satisfied the foregoing condition as indicated by the various Final Plan Approvals received for the Property. Condition G: All roadways within the proposed development shall be constructed in accordance with the requirements of the Department of Public Works. Curbs, gutters and sidewalks may be required lobe constructed in areas. of likely pedestrian traffic as determined by the Chief Engineer and the Planning Director. Response: The Applicant has satisfied the foregoing condition. The Planning Department approved Planned Unit Development Permit No. 06-000002 on June 15, 2006, to allow for alternative roadway design and deviations from the Subdivision Code (Exhibit D). Condition H: A roadway connection to the adjacent property to the north shall be provided meeting with the approval of the Department of Public Works; Response: The Applicant shall comply with the foregoing condition. Condition I: A drainage system shall be installed meeting with the approval of the Department of Public Works; Response: The Applicant will continue to comply with the foregoing condition. The Department of Public Works approved the Drainage Study for the Phase I subdivision on April 6, 2007 (Exhibit E). The Applicant will continue to submit the required Drainage Studies to the County for approval when proceeding with the future residential subdivision phases. Condition J: All residential, commercial and hotel units and uses shall be connected to a secondary sewage treatment plant, public or private, meeting with the approval of the appropriate governmental agencies. The secondary sewage treatment plant shall have a stand-by generator to operate the plant in the event of an electrical power outage; Response: The Applicant shall comply with the foregoing condition. The Applicant will construct a privately owned and operated Waste Water Treatment Plant ("WTTP") on the Property. The WTTP will treat wastewater and reuse R-1 quality effluent on the golf course as irrigation water. The proposed wastewater treatment system will produce higher effluent quality which affords better opportunities for reclamation on the golf course. The WWTP will have 4814-8078-2594.1.061968-00003 • November 24, 2008 Page 8 a standby generator to operate the plant in the event of a power outage. Condition K: The applicant, successors or assigns shall be responsible for satisfying an affordable housing requirement which is being assessed on both the resort and residential components of the proposed project. A maximum of five hundred twenty-five (525) affordable units will be required to address the needs generated by the one thousand two hundred fifty (1,250) resort/hotel units currently being proposed. A maximum of four hundred twenty (420) affordable units will be required for the residential component of the project based on 60% of the total number of residential units being proposed. The total affordable housing requirement being assessed, based on the current development scenario, will be a maximum of nine hundred forty-five (945) affordable units. These affordable housing units may be provided on or off the project site. The actual number of affordable units required may increase or decrease proportionally along with the actual number of resort and residential units developed by the applicant. Stated in 1988 dollars and subject to adjustment for inflation, the dollar value equivalent of the affordable housing requirement involving nine hundred forty-five (945) affordable units shall be a maximum of seven million five hundred seventy-five thousand one hundred twenty dollars ($7,575,120). This value may be adjusted annually on the effective date of the change of zone ordinance by the Planning Director in consultation with the Office of Housing and Community Development based on mutually acceptable cost indices. The affordable housing requirement shall be implemented concurrently with the completion of units for the resort/residential project. If an affordable housing demand, or portion thereof, does not exist at the time a particular phase of a resort is ready to be developed, the requirement may be deferred and the phase of resort development allowed to be developed. An in lieu payment may be made in cash, through the provisions of services, or by other acceptable means to satisfy the affordable housing condition. The method of satisfying the affordable housing requirement must be approved by the County Housing Agency, subsequent to review and recommendation by the Office of Housing and Community Development, prior to the issuance of Final Plan Approval for any phase or increment of the proposed resort/residential development. Affordable units provided to satisfy the requirements of these conditions shall, as a guide, utilize the following distribution: 17% affordable to families earning less than 80% of the median family income; 33% affordable to families earning between 80% to 120% of median family income; and 50% affordable to families earning between 120% to 140% of median family income. Response: The Applicant has satisfied the foregoing condition. On October 24, 2007, the Office of Housing and Community Development acknowledged satisfaction of Condition 43. A Settlement Agreement approved in the matter of Bridge Aina Lea v. NHICORAM, Inc. et al., Civil No. 05-1-003 effective August 23, 2007, which allocated one -hundred (100) Affordable Housing Credits to Kohanaiki 4814-8078-2594.1.061968-00003 0 0 November 24, 2008 Page 9 to satisfy all of the affordable housing requirements for the development of up to 500 units. (Exhibit F) Condition L: A job training program for the operating phase of the hotels shall be developed and submitted to the Planning Department for review and approval prior to the receipt of final plan approval for each of the proposed hotels; Response: The foregoing condition is not applicable, as the Applicant does not intend to develop the Hotel element on the subject Property. Condition M: A construction housing mitigation plan shall be submitted to the Planning Department for review and approval prior to receipt of final plan approval for each of the proposed hotels. The plan shall include a regular reporting schedule to allow the Planning Department to monitor the construction housing impact. Response: The foregoing condition is not applicable, as the Applicant does not intend to develop the Hotel element on the subject Property. Condition N: An archaeological mitigation plan for archaeological site preservation and data recovery shall be approved by the Planning Department, in consultation with the Department of Land and Natural Resources— Historic Sites Section prior to any land preparation activity being conducted on the property; Response: The Applicant has satisfied the foregoing condition. On February 22, 2005, the Department of Land & Natural Resources -Historic Preservation Division approved the Shores at Kohanaiki Site Preservation Plan. (Exhibit G). The interim and final preservation buffers are also referenced within the Kohanaiki Shores Summary of Constraints Map. Condition O: The Petitioner shall develop an archaeological resources management plan which shall include considerations for the Kaloko National Historic Park and which shall be completed prior to the design of the marina; Response: The Applicant shall comply with the foregoing condition. Condition P: Should any unanticipated archaeological sites be uncovered during land preparation activity, work within the affected area shall cease and the r Planning Director shall be immediately notified. Work within the affected area shall not resume until clearance is obtained from the Planning Director; Response: The Applicant shall comply with the foregoing condition. 4814-8078-2594.1.061968-00003 November 24, 2008 • • Page 10 Condition Q: An emergency preparedness and response plan shall be submitted to the Planning Director and the Civil Defense Agency for review and approval prior to receipt of occupancy for the first hotel; Response: The Applicant will comply with the foregoing condition. The Applicant is awaiting approval of its Emergency Response Plan from the Civil Defense Agency submitted on September 26, 2008. The Planning Department was provided with a copy of September 26, 2008 submittal. The Applicant will install a siren on the project site meeting the approval of the Civil Defense Agency. The Applicant does not intend to develop the Hotel components on the subject Property. Condition R: An Anchialine Pond Management Plan shall be submitted to and approved by the Planning Director within one year from the effective date of the ordinance or prior to conducting any land preparation activity in the affected area. The Management Plan shall be developed in consultation with the Army Corps of Engineers and the U. S. Fish and Wildlife Service. The objective of its Management Plan shall be to: 1. Maintain the environmental integrity of the existing ponds, 2. Protect and manage this resource to provide educational and interpretive opportunities to the public, 3. Control and monitor construction activities so that impacts may be identified and mitigated to avoid any detrimental impacts to the pond and 4. Provide for a pond manager to implement the management plan and conduct scientific monitoring programs. The Management Plan will detail the area of ponds to be preserved, the dimensions of buffer zones surrounding the pond area, allowable activities within the pond areas, if any, and establish a pond management program; Response: The Applicant has satisfied the foregoing condition. After consulting with the U.S. Fish & Wildlife Service ("USFWS") and the U.S. Army Corps of Engineers ("USACOE"), a 'Draft Updated Proposed Management Plan for Anchialine Resources at Kohanaiki" dated April 21, 2004 was approved by the Planning Department on June 28, 2004 (Exhibit H-1). Subsequently, thirty- three (33) new pools was discovered after additional site visits were done by Dr. Richard Brock of Environmental Assessment on May 31, June 14, and June 27, 2007 bringing the total pool count to 196 pools. As a result, a Final Anchialine Pool Map which contained the final delineation of anchialine pools 4814-8078-2594.1.061968-00003 November 24, 2008 Page 11 and wetlands on the Kohanaiki Shores project site was submitted to the USACOE and the Planning Director on August 29, 2007 (Exhibit H-2). The Final Anchialine Pool Map report states that since commencing in September„ 2005, there has been ongoing grading on the Kohanaiki Shores project site, which started in the more mauka portions of the project site developing roadbeds and residential lots. However, current grading during the time of the report has been undertaken for the golf course, which is in proximity to some of the anchialine pools. Some of the "new pool finds" were immediately adjacent to recently graded areas thus compromising the current minimum buffer of 20 feet. On January 11, 2006, the Planning Department granted the Applicant's request to place golf course turf plantings within the outer 20 -feet of the required 40 - foot setback areas from the anchialline ponds, which is an allowable construction activity outlined within Condition 57 of the SMA permit. Steven Rose has been hired by the Applicant as Pond Manager with technical support from Dr. Richard Brock of Environmental Assessment Inc. Condition S: Mauka-makai public access(es) shall be provided. A lateral, shoreline public access throughout the length of the property shall also be provided. Public parking shall be established near the shoreline following the ratio of one public parking stall to be provided for every 10 hotel, condominium and residential units. Restroom/shower facilities shall be provided at each mauka-makai public access. Public parking stalls and 'restroom/shower facilities shall be provided concurrently with the development of the first hotel, the Marina Commercial Village, residential subdivision or condominium development. An easement shall be recorded with the State Bureau of Conveyances for the public access(es) and parking areas. The location, time of construction arid/or availability, restrictions on uses, signage and related improvements for the public shoreline access(es) and parking areas shall be approved by the Planning Department. In lieu of providing a mauka-makai access and facilities at either the north or south end of the property, the Planning Director may substitute a payment to the County in an amount equal to the cost of such access, parking stalls and restroom/shower facilities, which payment shall be used by the County for the establishment of a public campground in Kona. Use of the mauka-makai and shoreline public access(es) parking stalls and restroom/shower facilities shall be afforded to the public on a 24-hour basis, subject to a public access plan to be approved by the Planning Department. The use of the public access(es) and facilities after sundown shall be primarily for those persons wishing to shore -fish at night. The public access plan shall provide for adequate rules with respect to safety, health and welfare of the public, including persons who are guests and residents on the resort. The rules may include a system of permits or passes to regulate the use of the access(es) and facilities after sundown; , 4814-8078-2594.1.061968-00003 November 24, 2008 • • Page 12 Response: The Applicant has satisfied the foregoing condition, as indicated by the submittal of the revised Public Access Plan dated April 25, 2005 (Exhibit I). Condition T: A water quality and marine life monitoring and mitigation plan shall be developed and operated jointly with the developer, the National Energy Laboratory of Hawaii, the Hawaii Ocean Science Technology Park, The Ocean Recreation Council of Hawaii (TORCH) and the National Park Service. The plan shall be submitted to and approved by the Planning Department in consultation with the National Energy Laboratory of Hawaii, the Hawaii Ocean Science Technology Park, the National Park Service and The Ocean Recreation Council of Hawaii, prior to the issuance of a grading permit and/or prior to any land preparation activity being conducted on the golf course, hotel site, condominium site or marina. Construction of the marina basin shall take place "in the dry" behind a shoreline berm which will not be removed until construction of the marina has been completed and sediment within the marina basin has had the opportunity to settle out of the water. During construction of the marina entrance channel, water quality conditions shall be monitored to assure compliance with construction conditions likely to be imposed by the U. S. Army Corps of Engineers. Shoreline modifications including extensive vegetation removal, beach alteration and structural modifications shall be minimized. The applicant shall make available for public review, at the Planning Department, an annual report which shall be prepared by the abovementioned organizations, summarizing the results of the monitoring program and any mitigation efforts which may have been undertaken; Response: The Applicant has satisfied the foregoing condition. The Applicant received approval on January 11, 2005 for the Revised Monitoring Plan for the proposed development at Kohanaiki (Exhibit .I). Condition U: All utility lines shall be underground; Response: All project utilities are underground, in addition to the main utility line crossing Queen Kaahumanu Highway. On June 10, 2008, consultant Nancy E. Burns P.E., LLC, submitted to the Department of Transportation a request for underground electric and water utilities and the approval of this request is pending. On November 7, 2008, the Applicant received a permit to perform work upon a State Highway for the construction of an underground electrical duct and 12 -inch water line crossing Queen Kaahumanu Highway to service the Kohanaiki project (Exhibit K). Condition V: All other applicable laws, rules, regulations and requirements, including those conditions imposed by the State Land Use Commission, shall be complied with; Response: The Applicant shall comply with the foregoing condition. 4814-8078-2594.1.061968-00003 11 November 24, 2008 Page 13 Condition W: An annual progress report shall be submitted to the Planning Director ' prior to the anniversary date of the effective date of zone change. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; Reponse: In compliance with the foregoing condition, the Applicant hereby submits its 2007-2008 Annual Progress Report. Condition X: Should the Council adopt a Unified Impact Fees Ordinance setting forth; criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developers election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; and Response: The Applicant shall comply with the foregoing condition. Condition Y: 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 the 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; and 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 performed within one year may be extended for up to one additional year); and 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. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or to a more appropriate designation. Response: The Applicant shall comply with the foregoing condition. 4814-8078-2594.1.061968-00003 November 24, 2008 • • Page 14 Thank you for the opportunity to submit the 2007-2008 annual report on Change of Zone Ordinance No. 88-159. Please feel free to contact me should you have any questions concerning the foregoing discussion. Thank you for your.attention. Sincerely yours, S to S.C. Lim SSL/JKK1 Attachment(s) cc: Kohanaiki Shores, LLC 4814-8078-2594.1.061968-00003 EXHIBIT A ....,.y: ata Ill i77^i.��•I' A. 1=I.:'1i"1•ilt i>L, lS,ti4',1 eTi`.iEr;' 101 ?sumo Surd. 5utr 3 :4iio. li3u a i i 967 1)-.ii143 (7M) w6I V';;,'{ - F.lS ti)(d) S6 LS-14 MEMORANDUM March ?. 2007 TO: Bennett Mark, Planning Program Manager FROM: Christopher J. Yuen ; Planning Director SUBJECT: KOHANAIKI SHORES—SUMMARY OF CONSTRAINTS FEBRUARY 20, 2007 4a:'iaLou ; -r.i. tu2n Director L1:EB7:4r^ Deprry Dwecror This letter transmits a "Kohanaiki Shores Summary of Site Constraints" binder prepared by the developer for staff use in reviewing plans for buildings at Kohanaiki, especially single-family homes. The SMA permit has a number of conditions that have to be checked, and the idea of this binder is that it will facilitate plan checks in the future, especially for heights and setbacks ofsingle-family homes in the makai-most row of lots. Specifically, the SMA condition limits the house height in the makai-most row of lots to 30', measured from natural grade to the peak of the roof. Because the site has been extensively graded, with most lots somewhat elevated, to avoid making staff compare house heights constantly against the former natural grade (which is shown on the grading plan) we agreed to determine a hoose height above final grade for each lot in this area. By CC&R's, the developer is limiting house heights to 26'. It turned out that there were only a relatively few lots that had to be limited to less than 26' above final grade for the hoose height. These are listed under Tab 2, Column C. To guard against the possibility that a lot owner will further elevate the grade, the binder also gives a maximum height above sea level for each house. This is arrived at by taking the maximum height, plus the highest rough grade for the lot shown on the grading plan, and subtracting one foot. Staff should remember that the maximum height is calculated by using the highest point on the roof, not the method in the Zoning Code. The Sitc Constraints binder also shows the special setbacks that apply in certain areas. Ho i ri'i G;un ; u an Lit" it O/•poru nin• P;rrri;t.•, r:,I F;nnl, er. Bennett :`[ark, Planning Program Manager Page 2 [arch 5, 2007 All buildin.- pennits for single-family dwellings must be checked against this Site Constraints binder. C1Y:pak \Vp%An60Xhrk 07 - Bennett— Kohanaiki ;iie constraints binder Attachment V cc: Dave Eadie, Rutter Development 0 Memorandum To: Distribution From: Dave Eadie Date: March 13, 2007 Subject: Kohanaiki Constraints Enclosed is the so-called Kohanaiki Shores Summary of Site Constraints information for your reference. The County of Hawaii Planning Department wanted certain information portrayed in a map and binder for their daily use in connection with building permit plan checks and for use in interfacing with the public. A memorandum from County Planning Director Chris Yuen to Bennett Mark, a planner in the Kona Planning Department office, is also enclosed. I would point out that there is presently a maximum structure height constraint of 31 -feet that applies to the upper tier of Pod 6 and 28 -foot maximum structure height for the upper tier of Pod 7, although these are not graphically depicted on the maps at this time. Recall that the raising of grades led to these limitations; however, I am seeking to remove this limitation and will report back to you when and if the constraint changes. Of course if you have any questions please contact me. Distribution: Discovery Land Company c/o Ed Divita (4 copies) IHP Capital Partners c/o Pat White (2 copies) Kennedy Wilson c/o Mary Ricks Raymond S. Iwamoto Roger Presburger Jan Van Tilburg Don Vita Doug Snyder Nancy Burns cc w/Enc.: Ray Rutter Jay Rutter Mike Eadie Dennis Frost KOHANAIKI SHORES SUMMARY OF CONSTRAINTS FEBRUARY 20, 2007 THIS BINDER CONTAINS INFORMATION FOR READY REFERENCE BY THE COUNTY OF HAWAII PLANNING DEPARTMENT AND FOR USE IN FIELDING QUESTIONS FROM THE GENERAL PUBLIC. ' SELECTED CONDITIONS OF APPROVAL ASSOCIATED WITH THE LAND USE ENTITLEMENTS FOR KOHANAIKI SHORES, AS WELL AS CERTAIN COMPLIANCE DECISIONS THAT HAVE BEEN SUBSEQUENTLY RENDERED BY THE COUNTY OF HAWAII PLANNING DIRECTOR ARE EVIDENCED IN THE COUNTY'S RECORDS. HOWEVER, THESE "CONSTRAINTS" ARE NOT ORGANIZED IN A MANNER ASSURING THEY CAN BE EASILY REFERRED IN THE FUTURE AS BUILDING PERMITS ARE ISSUED FOR RESIDENCES AND OTHER STRUCTURES WITHIN THIS DEVELOPMENT. THIS SUMMARY OF CONSTRAINTS BINDER SERVES AS A TOOL TO ENABLE AN EASE OF REFERENCE REGARDING CONSTRAINTS THAT ARE SITE-SPECIFIC TO INDIVIDUAL LOTS IN MANY CASES. CONTENTS . SECTION 1: INDEX MAP, LEGEND DENOTING CONSTRAINTS, SHEET NOS. 1-10 DEPICTING CONSTRAINTS IN SPECIFIC GEOGRAPHIC AREAS OF PROJECT SECTION 2: MAXIMUM STRUCTURE HEIGHT CALCULATION METHODOLOGY AS DETERMINED BY COUNTY PLANNING DIRECTOR CHRISTOPHER J. YUEN SECTION 3: STAFF NOTATIONS SECTION 4: RESERVED SECTION 4: FULL-SIZED CONSTRAINTS MAP SMA 03-012, USE 03-002, USE 03-003 TMK 7-3-9: 3 and 16 f. SOHANAIKI SHORES SUMMARY OF CONSTRAINTS FEBRUARY20, 2007 s APRIMAfID)h MHUNSAKER & ASSOCIATES 'Yili�1 I R V I N E, I N t MNMNC • MONEERPIC•SURVMNC IN•• wIM • �� G fUY• Mt NSW SLLNp•Ift IMW 1UOIH A PAVARMFM KohrWd Sher" LLC "a CPWs% Lib 200 Yrlq CA 02!% 5Q�►��i�via►i v LEGEND 40 FOOT MINIMUM REAR YARD SETBACK AS ESTABLISHED BY SMA 03-012, USE 03-002, 03-003 CONDITION OF APPROVAL 115 MAKAI-MOST ROW OF RESIDENTIAL LOTS AND THE LOTS AREA 4 BORDERING THE PRESENT KALOKO-HONOKOHAU NATIONAL HISTORICAL PARK BOUNDARY, SHALL CONSIST SINGLE-FAMILY HOMES ONLY, WHICH SHALL BE ONE-STORY AND NOT MORE THAN 30 FEET IN HEIGHT. REFERENCE: SMA 03-012, USE 03-002, 03-003 CONDITION OF APPROVAL #7 MAKAI LOTS WITH SPECIAL 100 FOOT SETBACK, REFERENCE.- SMA 03-012, USE 03-002, 03-003 CONDITION OF APPROVAL #5 MAUKA LOTS WITH SPECIAL 120 FOOT SETBACK, REFERENCE: SMA 03-012, USE 03-002, 03-003 CONDITION OF APPROVAL #35 EXISTING ANCHIALINE POND WITH PERMANENT BUFFER. REFERENCE.- SMA 03-012, USE 03-002, 03-003 CONDITION OF APPROVAL #57, 60 1Uky1 OF ARCHEOLOGICAL PRESERVATION SITE WITH PERMANENT ` BUFFER. REFERENCE: SMA 03-012, USE 03-002, 03-003 CONDITION OF APPROVAL #47, 49 28 MAXIMUM HEIGHT OF RESIDENCE ABOVE SEA LEVEL. REFERENCE: SUMMARY OF CONSTRAINTS DATED FEBRUARY 20, 2007 �. t, SPECIAL PROPERTY EDGE LANDSCAPING THAT MUST SHIELD RESIDENCES FROM VIEWS OF KALOKO HONOKOHAU NATIONAL HISTORIC PARK. REFERENCE: SAfA 03-012, USE 03-002, 03-003 CONDITION OF APPROVAL #9 i SHEET 3 v i' l.. 3`pd'. ` 41 \\\ 42 \ ,\ <�;4\' \\ 40 47 F8 39 Q451 54 55 37 44 56 \ 1 57 ,4 36 J II -1'l 58 q C'r 435 3 -- j } 4 59 If f� 34 C i i' 60 ,. SHEL T 6 i, i 69 -•I C� S �� / . - 70 71 72 r I 80 73 `'.\`�/"'lam j :SOA / 79 97 / I I'74 m� / y i 8 7577 76 45 I 20 �_.19 45 �.. ..` . is 5), 17 18 Jrj 17 RESIDENTS BEACH FACILITY 20 ..... . cFACILITY '4 6) 15 V� ;�lF` � r, o � �\�� 6 0. +140 A kn 13 48 t 7k 12 S2 .69) SHEET 9 SHEET 10 -MAMALANOA TRAM 88 LOP� col.r r TURF LIMI rS (;CLF EN �VE L 0 l _ ............. 86 Al 87 9 5 IAF/ MAXIMUM STRUCTURE HEIGHT CALCULATION METHODOLORY AS DETERMINED BYCOUNTY PLANNING DIRECTOR CHRISTOPHER J. YUEN A B c D ... . FEET ABOVE SEA LEVEL TO PEAK OF ROOF (B MINUS 1 - FOOT PLUS C) ....... - LOT NUMBER HIGHEST GRADE OF FINISHED LOT AX. ALLOWABLE STRUCTURE HEIGHT (REF. C.YUEN 10128/06 EMAIL) 20 26 45 2 20 26 1 45 3 L 20 20 I 39 4 13 24 36 5 12 26 37 6 16 26 41 7 16 i 26 8 26 44 9 19 26 44 10 27 26, 52 11 27 26 52 12 26 1 26 13 23 26 48 14 22 2647 26 48 4 6V- VT 20 20 26 45. 45 18 20 26 45 20 20- 26 26 45 45 21-21 25 45 22 - 2f 26 46 23 21 26 46 19 26 44 25 19 26 426 26 19 26 _-44- 44 27 19 22 28 19 23 29 19 21 --41 30 t 18 23 40 19 1 9 23 23 i 33 19 23 3419 23 41 35 ... ...... . 9 19 25 I 43 25 26 da— 26 44 39 19 26 44 45 4122 26 47 42 23 26 48 43 26 26 51 44- zg EXHIBIT B-1 "p+u+c.L7n1l"w1 ,uy 3 • - �i VVC THIS AGREEMENT, made this I 3n day of JUA/E , 1999, by and between K -W KAU, LLC, a California limited liability company, whose address is 9601 Wilshire Boulevard, Suite 200, Beverly Hills, California 90210 ("K -W Kau"), K -W KOHANAIKI, LLC, a California limited liability company, whose address is 9601 Wilshire Boulevard, Suite 200, Beverly Hills, California 90210 ("K -W Kohanaiki"), and the WATER COMMISSION of the COUNTY OF HAWAII, whose address is 25 Aupuni Street, Room 103, Hilo, Hawaii 96720 (the "Commission"); WITNESSETH: WHEREAS, K -W Kau is the owner of that certain parcel of land located at Kau, North Kona, County of Hawaii, State of Hawaii, TMK (3) 7-2-5-1 (the "Kau Property"); and WHEREAS, Nansay Hawaii, Inc., a Hawaii corporation, is the 1 current owner, and K -W Kohanaiki is the current first mortgagee, Of that certain parcel of land located at Kohanaiki, North Kona, County of Hawaii, State of Hawaii, TMK (3) 7-3-9-3 and 16 (the "Kohanaiki Property"), and WHEREAS, the Commission desires to obtain wells in the North Kona area for the development of potable water as well as the land upon which such wells are located; and WHEREAS, K -W Kau or its predecessor in title has completed the drilling, casing and testing of two (2) wells for the development of potable water, designated as Well No. 1 (State No. 4458-01) ("Well No. 10) located on the portion of the Kau Property shown on Exhibit "A" attached hereto and incorporated herein by this reference (the "Well No. 1 Well Site") and Well No. 2 (State No. 4458-02) ("Well No. 20) located on the portion of the Kau Property shown on said Exhibit "A" ("Well No. 2 Well Site")( Well No. 1 and Well No. 2 being hereinafter collectively referred to as the "Wells", and Well No. 1 Well Site and Well No. 2 Well Site being collectively referred to as the "Well Sites"); and WHEREAS, the key dimensions and other relevant data and a chemical analysis of the Wells is attached hereto as Exhibit "B"; and _.. _ rnn aao oo: �u neuueu,).,_na 16ULL !Ll t • WJ U"J WHEREAS, K -W Kau and K -W Kohanaiki intend to develop the Kau Property (the "Kau Development") and the Kohanaiki Property (the I"Kohanaiki Development"), respectively, including but not limited to K -W Kau subdividing the Well Sites into separate legal lots, and in connection therewith, will construct a water system, including the Wells, meeting the requirements of the Rules and Regulations and Water System Standards ("Standards") of the Department of Water Supply ("DWS"), which are incorporated herein by reference, to facilitate domestic water service and fire protection for the Kau Property and the Kohanaiki Property, which water system, land and necessary easements will be conveyed to the Commission; and WHEREAS, in connection with the Kau Development and the Kohanaiki Development, K -W Kau and K -W Kohanaiki desire to obtain. from the Commission water commitments for the Kau Property and the Kohanaiki Property; and WHEREAS, in exchange for the water commitments for the Kau Property and the Kohanaiki Property, K -W Kau and K -W Kohanaiki desire to convey to the Commission fee simple title to the Wells and the Well Sites; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is,hereby acknowledged, the parties hereto agree as follows.- 1. ollows: 1. CONVEYANCE OF WATER SYSTEMS. ,1.1. KAU WATER SYSTEM. K -W Kau hereby agrees, to the extent that it then owns any interest in the Kau Water System as hereinafter defined, to convey to the Commission, with customary warranties of title, the fee simple title to Well No. 2, the Well No. 2 Well Site, and the improvements described in paragraphs 3.1.1-a, 3.1.1.b and 3.1.1.c, in a condition reasonable satisfactory to the Commission, subject to the encumbrances set forth in Exhibit "C" attached hereto and incorporated herein by this reference (collectively the "Kau Water System"), upon completion of the subdivision of the Well Sites and the Kau Water System. 1.2. KOHANAIKI WATER SYSTEM. K -W Kohanaiki agrees, to the extent that it then owns any interest in the Kohanaiki Well _z. ":wm�nu.,mu tgJ VV4 System, as hereinafter defined, to convey to the Commission, with customary warranties of title, the fee simple title to Well No., 1, the Well No. 1 well Site, and the improvements described in paragraph 4.1.1, in a condition reasonable satisfactory to the Commission, subject to the encumbrances set forth in said Exhibit "C" (collectively the "Kohanaiki Water System"), upon completion of the subdivision of the Well Sites and the Kobanaiki water System. 2. WATER COMMITMENTS. 2.1. KAU COMMITMENT. The Commission hereby agrees that, upon the execution of this Agreement by the Commission and K -W Kau, K -W Kau shall be entitled to and the Commission shall issue a water commitment in the amount of three hundred forty- three (343) equivalent units ("EU"), at six hundred (600) gallons per day per EU (the "Kau Commitment"), which Kau Commitment shall be allocated to and appurtenant to the Kau Property; provided that there shall be no right to have water distributed to the Kau Property until the Kau Water System is conveyed to the Commission as set forth in paragraph 1 above. 2.2. KOHAHAIKI COMMITMENT. The Commission agrees that, upon the execution of this Agreement by the Commission and K -W Kohanaiki, K -W Kohanaiki shall be entitled to and the Commission shall issue a water commitment in the amount of One Thousand Nine Hundred Seven (1,907) EU, at six hundred (600) gallons per day per EU (the "Kohanaiki Commitment"), which Kohanaiki Commitment shall be allocated to and appurtenant to the Kohanaiki Property and any contiguous parcels that may be acquired and developed as part of the Kohanaiki Developments provided that there shall be no right to have water distributed to the Kohanaiki Property until the Kohanaiki Water System is conveyed to the Commission as set forth in paragraph 1 above. 2.3 EXPIRATION OF CommiTMENTS. The Kau Commitment and the Kohanaiki Commitment shall each continue in effect for a period of twenty years from the execution date of this Agreement, subject to the terms of this Agreement, and shall expire, unless extended as set forth herein, without any further notice or action by the parties in ,the event that the Kau Water System with respect to the Kau Commitment and the Kohanaiki Water System with respect to the Kohanaiki Commitment are not completed at the end Of such twenty year period. If K -W Kau or K -W Kohanaiki, or their respective successors, desire to extend the life of the a-NMM%R n.MXa -3- M 3Yb 007 ramyay.00��e ..... nruuruy-n1J6Vu Jut J • � s unused Kau Commitment and/or the Kohanaiki Commitment, such commitments may be extended on.an annual basis by paying a deposit in an amount equal to that required under the terms of the prevailing DwS water Commitment Guidelines Policy generally in effect at that time and comply with all then currently applicable DWS Water Commitment Guidelines Policy not inconsistent with this Agreement. Any deposit paid shall be, credited to the Facilities Charges. 3. KAU COMMITMENT. The Kau Commitment shall be utilised by K -W Kau for the Kau Development. 3.1. CONDITIONS TO KAU W -J UUD 3.1.1. CONSTRUCTION OF IMPROVEMENTS. K -W Kau hereby agrees that it shall construct or cause to be constructed the following improvements: a. Well No. 2 will be outfitted with a 700 CPM submersible pump and motor l (including motor controls, telemetry, 1 chlorination, control building and other appurtenances designed and constructed to the DNS's Standards) designed to deliver water to the DWS's existing 0.30 MKi Puukala tank located as shown on Exhibit °Dw attached hereto and incorporated herein by this reference. b. A 12 -inch dedicated transmission line will be installed from well No. 2 to the Puukala tank. C. The water system on the Kau Property, consisting of two storage tanks, pipelines and PRY stations, shall be designed and constructed to DWS's Standards. 3.1.2. CONVEYANCE OF IMPROVEMENTS. The Kau Water System above, together with any pertinent easements, shall be dedicated to the Commission, upon completion of the subdivision of the well Sites and the Kau Water System. 3.1.3. BONDING OF IMPROVP14ENTS. Within one hundred eighty days of the execution date of this Agreement, K -W 4 M\w�Jl�a.M01r. �L�J�� - .........'.Vy ��1 1 CVY •1.• 1 • w.J VVV Kau, or the purchaser of the Kau Property upon sale of the Kau Property, &hall obtain a bond guaranteeing the completion of the Kau Water System, in a form substantially similar to the fora attached hereto as Exhibit "E" and in an amount reasonably satisfactory to the Commission, from a bonding company qualified and licensed to do business in the State of Hawaii with a rating of not less than B+. Said bond shall name the Commission as an obligee. 3.2. FACILITIES CHARGES; CAPITAL ASSESSMENT PER. The Kau Commitment shall be provided by the Commission without / Payment of any Facilities Charges in exchange for the conveyance ' to the Commission of the Kau Water System. The Capital Assessment Fee is waived because of the development of the water source by K -W Kau. 3.3. KAU GOLF COURSE. The Commission hereby agrees that a portion of the Kau Commitment may be used as a supplemental source of irrigation supply for the golf course to be constructed on the Kau Property and that water for golf course irrigation shall be purchased from the Commission at its highest block rate. At the end of the first five (5) full yearn of operating the golf course, the Commission and the golf course operator shall re-evaluate the use of potable water for golf course irrigation and shall establish a permanent allocation of a portion of the Kau Commitment for golf course irrigation at the Kau Property. 4. KOHANAIKI COMMITMENT. The Kohanaiki Commitment shall be utilised by K -W Kohanaiki for the Kohanaiki Development. 4.1. CONDITIONS TO KOHANAIKI COMMITMENT. The Kohanaiki Commitment shall be Subject to the following conditions% 4.1.1. CONSTRUCTION OF IMPROVEMENTS. K -W Kohanaiki hereby agrees that it shall construct or cause to be constructed the following improvements: a. Construction of a water system, meeting the DWS's Standards, to provide domestic water service and fire protection to the Kohanaiki Property, including without limitation the outfitting of Well No. 1 with a 700 GPM submersible pump -s- ACu VUJ—naaeuu LLL A • wjvul and motor (including motor controls„ telemetry, chlorination, control building and other appurtenances designed and constructed to the DWs's Standards) designed to deliver water to the DNS's existing 0.30 MG Puukala tank located as shown on Exhibit "D" attached hereto= and b. Construction of improvements, meeting the DWS's Standards, to transmit water to the Kohanaiki property by one of the following routes: i. HINALANI DRIVE. Construction of improvements from DWS's Puukala tank south along Mamalahoa Highway to Rinalani Drive, but bypassing the Kelso& booster station. This route requires additions to the mauka-to-makai ✓ transmission system along Hinalani Drive 1 which are the obligations of third parties who are not parties to this Agreement, but also must be completed. i i . . QUEEN HIGHWAY. construction of improvements through the Kau Property to a storage tank near the makai end of the Rau Property at an elevation specified by the Commission, and extension of a pipeline from the storage tank down to and along Queen Kaahumanu Highway to the DWS water system. This route requires easements and rights over and across the Kau Property. 4.1.2. CONVEYANCE OF IMPROVEMENTS. The Kohanaiki Water System above, together with any pertinent easements, shall be dedicated to the Commission, upon completion of the subdivision of the Well Sites and the Kohanaiki Water System. 4.1.3. WELL NO. 2. 782 EO of the Kohanaiki commitment will be immediately available for use upon the j outfitting of Well No. 2 described in paragraph 3.1.1.a above and - 6 - �n..mm.,ca�a v•av oa u.+� rn_eiu 00 u*_. ftV=eW-atibVU ll1L 1 • tei uull the completion of the improvements described in paragraph 4.1.1 above to the reasonable satisfaction of the Commission. 4.1.4. WELL NO. 1. 1,125 EU of the Kohanaiki Commitment is allocated from Well No. 1. In the event Well No. 1 has not been outfitted at the time K -W Kohanaiki requests use of this portion of the Kohanaiki Commitment, the Commission, at its discretion, may require K -W Kohanaiki to outfit Well No. 1 in conformance with the DNS's Standards in order to receive use of that portion of the Kohanaiki Commitment. Upon the satisfactory outfitting of Well No. 1 and the completion of the improvements described in paragraph 4.1.1 above, to the reasonable satisfaction of the Commission, K -N Kohanaiki shall be entitled to receive the applicable waivers from the prevailing Facilities Charges for that portion of the Kohanaiki Commitment for facilities contributed by R -N Kohanaiki. 4.1.5. USE OF WATER COMMITMENTS NITHOUT WELLS. Subject to the Commission's prior approval and the availability of water from other DNS sources, K -W Kohanaiki may in addition obtain ✓ water commitments from other sources provided there is transmission capacity in the DWS water system, as determined by the Commission in its reasonable discretion, for the delivery of water from other sources to the Kohanaiki Property and K -W Kohanaiki pays the prevailing Facilities Charges. 4.2. FACILITIES CHARGES; CAPITAL ASSESSMENT FEE. K -W Kohanaiki shall pay the Facilities Charges for the Kohanaiki Commitment at the Commission's then prevailing rates with a twenty-two percent (22t) waiver for drilling and casing of wells, which have been completed, and, except as specifically provided in paragraph 4;1.5. above, any other applicable waiver for facilities contributed by K -W Kohanaiki. The Capital Assessment Fee is waived because of the development.of the water source by K -W Kohanaiki. 4.3. KOHANAIKI GOLF COURSE. The Commission hereby agrees that up to 500 HU, or 300,000 GPD, of the Kohanaiki v Commitment may be used as a supplemental source of irrigation supply for a golf course to be constructed on the Kohanaiki Property and that water for golf course irrigation shall be purchased from the Commission at its highest block rate. At the end of the first five (5) full years of operating the golf course, the Commission and the golf course operator shall re-evaluate the V/ use of potable water for golf course irrigation and shall .r_.v Ana oav got- u0_ nr1WrW—n11AVL ALU 1 • 40 VVM establish a permanent allocation of a portion of the Kohanaiki Commitment for golf course irrigation at the Kohanaiki Property. S. RIGHT OF FIRST REFUSAL AND OPTION TO COMPLETE WELLS. V-1 5.1. COMMISSION'S OPTION TO COMPLETE WELLS. H r 5.1.1. WELL NO. 2. In the event that the Commission has a bona fide desire to complete the installation of equipment and facilities to render Well No. 2 fully operational, the Commission shall first give written notice by registered mail to K -W Kau and K -W Kohanaiki stating the Commission's bona fide desire or intention to so complete Well No. 2 (the •Notice"). Upon receipt of the Notice, K -W Kau and K -W Kohanaiki shall have the first right, privilege and option to complete Well No. 2, at its cost and expense. K -W Kau and/or K -W Kohanaiki must exercise their right by written notice to the Commission within thirty (30) days after their receipt of the Notice from the Commission, whereupon K -W Kau and/or K -W Kohanaiki shall have the exclusive right to complete Well No. 2, and the Commission shall not have the right to complete Well No. 2. In the event that K -W Kau and/or K -W Kohanaiki shall fail to deliver its written notice to the Commission within such 30 -day period, their rights under this Paragraph S.1.1 shall expire and be of no further force or effect, and K -W Kau shall convey Well No. 2 and the Well No. 2 Well Site to the Commission. 5.1.2. WELL NO. 1. In the event that the Commission has a bona fide desire to complete the, installation of equipment and facilities to render Well No. 1 fully operational, the Commission shall first give written notice by registered mail to K -W Kohanaiki stating the Commission's bona fide desire or intention to so complete Well No. 1 (the "Notice"). Upon receipt of the Notice, K -W Kohanaiki shall have the first right, privilege and option to complete Well No. 1, at its cost and expense. K -W Kohanaiki must exercise its right by written notice to the Commission within thirty (30) days after its receipt of the Notice from the Commission, whereupon K -W Kohanaiki shall have the exclusive right to complete Well No. 1, and the Commission shall not have the right to complete Well No. I. In the event 'that K -W Kohanaiki shall fail to deliver its written notice to the Commission within such 30 -day period, its rights under this, Paragraph 5.1.2 shall expire and be of no further force or effect, and K -W Kohanaiki shall convey Well No. 1 and the Well No. 1 Well Site to the Commission. -e- .eiYIDi011..G,.. +1. rnn +1y 001 U10 _IIrU eW-"114UU lUl 1 • Wj U1U 5.2. K -W KAU'S AND K -W KOFANAIKI'S OPTION TO COMPLETE WELLS. 5.2.1. WELL NO.2. At any time before receipt of the Commission's Notice, K -W Kau and/or K -W Kohanaiki shall have the option to complete the installation of the equipment and facilities to render Well No. 2 fully operational, by giving written notice to the Commission of their election to do so. In such event, K -W Kau and/or K -W Kohanaiki shall have the exclusive right to complete Well No. 2, at their cost and expanse, and the Commission shall not have the right to complete Well No. 2 as set forth in paragraph 5.1.1 above. K -W Kau's and K -W Kohanaiki's rights under this paragraph 5.2.1 are in addition to, and not in substitution of, their rights net forth in paragraph 5.1.1 above. 5.2.2. WELL NO.1. At any time before receipt of the Commission's Notice, K -W Kohanaiki shall have the option to complete the installation of the equipment and facilities to render Well No. 1 fully operational, by giving written notice to the Commission of its election to do so. In such event, K -W Kohanaiki shall have the exclusive right to complete Well No. 1, at its cost and expense, and the Commission shall not have the. right to complete Well No. 1 as set forth in paragraph 5.1.2 above. K -W Kohanaikile rights under this paragraph 5.2.2 are in addition to, and not in substitution of, its rights set forth in paragraph 5.1.2 above. 5.3 COMPLETION OP IMPROVEMENTS. In the event that K -W Kau and/or K -W Kohanaiki exercise said option to complete Well No. 2 and/or Well No. 1 upon receipt of the Notice, K -W Kau with respect to Well No. 2 and K -W Kohanaiki with respect to Well No. 1 shall commence the planning for such improvements within ninety days of the date of exercise of said option and shall proceed with due diligence to complete the planning and construction of such improvements. Performance bonds shall be obtained for any construction contracts entered into by K -W Kau or K -W Kohanaiki for such improvements. The Commission shall.be a named obligee under such performance bonds, which shall have a rating of not less than B+. If K -W Kau or K -W Kohanaiki shall fail to commence the planning or complete such planning and improvements after exercising the option as set forth above, the Commission shall have the right to exercise its rights under.the performance bonds or take such other commercially reasonable action to complete such planning and construction. In the event 9 . a.1�snRlrt.aoly _. _ ...__cnn oav oo, aruuettj'-n116VL 1LL 1, • 47J ult that the Commission completes the improvements as aforesaid, K -W Kau or K -W Kohanaiki, respectively, shall cooperate fully to effect the subdivision of the Well Sites and conveyance of the Wells and Well Sites and any necessary easements. In the event that the Commission completes the improvements as aforesaid, K -W Kau or K -W Kohanaiki, respectively, shall not be excused from paying Facilities Charges at the then prevailing rates for the use of the commitments associated with the Wells but shall be entitled to a twenty-two (22%) waiver for drilling and casing of wells but no other waivers. 6. REDUCTION OF PUMPING CAPACITY. If, at any time before ten thousand (10,000) hours of pumping of either Well No. l or Well No. 2 (as determined by the respective Running Time Meters located on the Wells), the chloride level increases to a level greater than 180 parts per million or the quality of the water in Well No. 1 and/or well No. 2 otherwise deteriorates or is otherwise deemed unacceptable by the Commission, based on the primary and secondary contaminant levels specified by the.U.S. Environmental Protection Agency and the State of Hawaii Department of'Health (the "Standard Water Quality Level°), the Commission shall so notify K -W Kau and R -W Kohanaiki of such a decrease in the water quality of Well No. 1 and/or well No..2 in a writing containing certified results of a water quality test or study / (performed according to customary industry standards). In such V/ event, the amount of the Commitment shall be reduced in proportion (taking both Wells into consideration) to the reduction in well pumping capacity necessary to maintain an acceptable quality of water pumped by the particular well. For example, if the water . quality of Well No. i decreases such that only 500,000 gallons (rather than 1,000,000 gallons) can be pumped from Well No. 1 in order to maintain the water quality level at the Standard Nater Quality Level, and 1,000,000 gallons can be pumped from well No. 2 which is unaffected, then a total of 1,500,000 gallons can be pumped (rather than 2,000,000 gallons) and the Kau Commitment and the Kohanaiki Commitment will each be reduced by one-fourth. If the Commission reasonably deems it necessary, K -W Rau and/or K -W Kohanaiki, as applicable, shall at their expense modify or replace the, pump bowl assembly at the applicable well in order to produce water at the reduced flowrate. Notwithstanding the foregoing, K -W Kau and/or K -w Kohanaiki / may propose treatment of the water or provision of another rater V source and/or system acceptable to the Commission to maintain all or a greater amount of the affected portion of the Commitment. If a.�wzoma.unw approved by the Commission, there shall be no reduction in the flowrate of the Wells and K -W Kau and/or K -W Kohanaiki, as applicable, shall at their expense design, construct and undertake such alternate treatment or provision and shall convey all additional facilities to the Commission. 7. ASSIGNABILITY. The rights and water commitments under this Agreement may be transferred as follows: 7.1..K -W Kau and K -W Kohanaiki shall have the right, upon written notice to but without the approval or consent of the Commission, to assign their respective rights and interests, or portions thereof, in the Kau Commitment and/or the Kohanaiki Commitment and this Agreement to the extent related thereto, to their respective successors in interest in the Kau Property (and the Kau Development) and the Kohanaiki Property (and the Kohanaiki Development), including without limitation the individual purchasers of lots or other interests in the Kau Property or the Kohanaiki Property, and have such successors assume the obligations with respect to such assigned rights and interests, in which event K -W Kau and/or K -W Kohanaiki shall he released from such obligations; provided, however, that this Agreement and the Commitment may be assigned only for the benefit of, and used only in connection with the Kau Property, the Kohanaiki Property, parcels developed as part of the Kohanaiki Development and the property described in Exhibit •F", except as provided in Paragraph 7.2 below. 7.2. Notwithstanding anything to the contrary stated in paragraph 7.1 above, K -W Kohanaiki, and its successors, shall have the right, after completion of the Kau water System and the Kohanaiki Water System, upon written notice to but without the approval or consent of the Commission, to transfer any unused portion of the Kohanaiki Commitment to other properties within the areas identified by cross -hatching on the map attached hereto as Exhibit `F", provided that K -W Kohanaiki, or the transferee of such portion of the Kohanaiki Commitment, completes all transmission lines and storage reservoirs necessary to provide adequate pressure and delivery for domestic service and fire protection to such other properties in accordance with DWS's Standards. K -W Kohanaiki, or its successor, shall be entitled to charge transferees of portions of the Kohanaiki Commitment no more than a prorata portion of the Total Development Cost. The Total Development Cost shall include, but not be limited to, the cost of purchasing the wells and Well Sites, constructing improvements, ♦:\omm..m�ss 1 • u..e im 41. 00, VY _. AVUUeWv-V11bUM-1UL 1 Wj Ulz approved by the Commission, there shall be no reduction in the flowrate of the Wells and K -W Kau and/or K -W Kohanaiki, as applicable, shall at their expense design, construct and undertake such alternate treatment or provision and shall convey all additional facilities to the Commission. 7. ASSIGNABILITY. The rights and water commitments under this Agreement may be transferred as follows: 7.1..K -W Kau and K -W Kohanaiki shall have the right, upon written notice to but without the approval or consent of the Commission, to assign their respective rights and interests, or portions thereof, in the Kau Commitment and/or the Kohanaiki Commitment and this Agreement to the extent related thereto, to their respective successors in interest in the Kau Property (and the Kau Development) and the Kohanaiki Property (and the Kohanaiki Development), including without limitation the individual purchasers of lots or other interests in the Kau Property or the Kohanaiki Property, and have such successors assume the obligations with respect to such assigned rights and interests, in which event K -W Kau and/or K -W Kohanaiki shall he released from such obligations; provided, however, that this Agreement and the Commitment may be assigned only for the benefit of, and used only in connection with the Kau Property, the Kohanaiki Property, parcels developed as part of the Kohanaiki Development and the property described in Exhibit •F", except as provided in Paragraph 7.2 below. 7.2. Notwithstanding anything to the contrary stated in paragraph 7.1 above, K -W Kohanaiki, and its successors, shall have the right, after completion of the Kau water System and the Kohanaiki Water System, upon written notice to but without the approval or consent of the Commission, to transfer any unused portion of the Kohanaiki Commitment to other properties within the areas identified by cross -hatching on the map attached hereto as Exhibit `F", provided that K -W Kohanaiki, or the transferee of such portion of the Kohanaiki Commitment, completes all transmission lines and storage reservoirs necessary to provide adequate pressure and delivery for domestic service and fire protection to such other properties in accordance with DWS's Standards. K -W Kohanaiki, or its successor, shall be entitled to charge transferees of portions of the Kohanaiki Commitment no more than a prorata portion of the Total Development Cost. The Total Development Cost shall include, but not be limited to, the cost of purchasing the wells and Well Sites, constructing improvements, ♦:\omm..m�ss 1 I .' .�� ---• Y I V V V 1 pCOLrW-naaDVu .I"L a .. • WJVaJ marketing costs and financing costs (which financing costs shall not exceed the prime rate of the Bank of Hawaii, or its successor; at the time of transfer plus ten percent). The prorata portion of / Total Development Cost shall be determined by dividing the Total ✓ Development Cost by 1,907 EQ units. The Transferor shall make available to the Commission records of any transfers of the Kohanaiki Commitments for purposes of verifying the aforesaid charges. 7.3. Notwithstanding anything to the contrary stated in this Agreement, in the event K -W Kau fails to complete the outfitting of Well No. 2 and the other improvements described in paragraph 3.1 above, K -W Kohanaiki shall have the option, but not the obligation, upon written notice to the Commission, to complete such improvements on behalf of K -W Kau under the same terms and conditions of this Agreement that would apply to K -W Kau. 7.4. The Commission shall not have the right to assign or otherwise transfer this Agreement, or the Commissions rights hereunder, without the prior written consents of K -W Kau and K -W Kohanaiki which consents shall not be unreasonably withheld or delayed. S. AIMNDtfM. The terms of this Agreement may be amended only by a written instrument executed by K -W Kau, K -W Kohanaiki and the Commission which sets forth the amendments. 9. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Hawaii and applicable federal statutes and rules both as to interpretation and performance. 10. ARBITRATION. The parties hereby consent in advance that, at the election of any party in writing, any dispute arising out of or connected with this Agreement, or any alleged breach thereof, including any dispute as to any amount owed, any act of performance or nonperformance or any interpretation under this Agreement, shall be settled by arbitration in accordance with the rules then prevailing of the American Arbitration Association for Commercial Disputes. The results of any arbitration shall be final and binding upon the parties, and judgment thereunder may be entered in any court of competent jurisdiction in accordance with Chapter 658, Hawaii Revised j Statutes, as amended. u - ,: 11. BINDING EFFECT. Upon its execution by each party, this instrument shall become binding and enforceable according to its terms. The rights and obligations of each party named in this instrument shall bind and inure to the benefit of each party and their respective successors and assigns. 12. COOPERATION. The parties shall cooperate with each other in every way and will exercise their beat efforts in carrying out the transactions contemplated herein, in obtaining all required approvals, authorizations, and clearances, and in executing and delivering in recordable form all documents, instruments, or copies thereof or other information deemed reasonably necessary or useful by the other parties. 13. ENFORCEMENT COSTS. If any legal action or other proceeding, including arbitration, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses even if not taxable as court costs, incurred in such action or proceeding, in addition to any other relief to which such party or parties may be entitled. 14. ENTIRE AGREEMENT. This Agreement embodies the entire agreement of the parties and supersedes all other agreements or understandings with respect to the subject matter hereof that may ever have existed between the parties. is. JURISDICTION] VENUS. The jurisdiction and venue for any and all arbitrations or lawsuits if any, shall be the Island and County of Hawaii, State of Hawaii. 16, SUPERSEDES PRIOR AGREEMENT. This Agreement replaces and supersedes the water Agreement dated April 23, im. made by and between Nansay, Makelei Plantations, Inc., and the Commission regarding water commitments for the Rau Property. 17. COUNTERPARTS, FACSIMILE COPIES. This document may be executed in counterparts. Each counterpart shall be executed by one or more of the parties to this document and the several counterparts shall constitute one document to the same effect as though the signature of all the parties were upon the same document. Facsimile copies shall be deemed to be originals. 13 - 41a>SYOI AOf W 01�.' V nruurW"-�aaeuu llll a • �' "' ie. CONDITION pRECEDENT. This Agreement is subject to the condition precedent that both the sale of the Kau Property by K -W Kau to Hiluhilu Development LLC or its assignee close and the consent to this Agreement be executed by Nansay Hawaii, Inc. on or before June 30, 1999. If such condition precedent is not satisfied, and is not waived by K -W Kau and K -W Kohanaiki, then this Agreement shall terminate, unless the commission and K -W Kau agree in writing otherwise. upon termination, this Agreement shall be of no force and effect and each party shall be discharged from any further liability hereunder. I i 14 ...... .. .. vv, .. nettuetV-nlabou tut 1 WJU1e IN WITNESS WHEREOF, the parties hezeto have executed these presents on the day and year first above written. APPROVED AS TO FORM AND LSGALITr Deputy c_porat' n Counsel APPROVAL By Its Member Its Member WATER COMMISSION o: the COUNTY OF HAWAII By b— - is _, •. v• •.an oao vv• � 11ClYLCY� .•110Y11 1L6 1 + �v�• I ' ; • ; %"•. ; is i 1! y r ff Ong • r cam IN gltr �N�i M p to n�q•m • 0 •� RA �� s MAKALEI PLANTATIONS ' - .�'�� .�`�- GENERAL S/TE•PUN • . •�•:A MA me i �XHIg1T "A" EXHIBIT "B" Exhibit i Key Dimensions and Other Relevant Davis of the ROM Wells WJuie P a r s m o l e r Well Na. 1 (4458.01) Well NIL 2 (4458-02) Year Completed 1990 1991 Ground Elevation (Feat MSL) 1789 1800 Total Depth (Feet) 1952 1se0 Elevation at Bottom (Fest MSL) -153 -80 Borehole Dlamsters end Depth@ 21• to 1747 24' to 1060 17.6' to 1842 17.5' to 1480 12' to 1952 Solid Casing Inside Diameter (Inches) 14 1 e Thickness (Inch@") 0.375 0.375 Length (Feeq 1792 Isla Perforated Casing : Inside Diameter (Inches) 14 Is : Thickness (Inches) 0.312S 0.3125 : Openinas pnt/Ft) as l i e Length (Feeq s0 40 Elevation (Fut May +7 16-43 -10 t0 -60 open Hole Below Ca" : Longm (Fool) 110 30 : Diameter (Inches) 12 17.9 State Water Level : Date Measured Decameter 19900 March It. 1991 : Etevaftn (Feat mn) 10.4 14.04 - • Barium nmau<v: -nuovu am • � Wj Baa __.i_ ._. Lead 0.05 Mercury (0.002 Selenium (0.002 EXHIBIT 2 CHENCCAL ANALYSES REPORT Kau Well 1 (4458-01) North Kona, Hawaii Sample date: December 7, 1990 Water simple taken by: Mr. Randy Foltz, Nansay Hawaii, Inc. analysis by: Brewer Environmental Services, Papaaxou. Hawaii Analysis date: December 18, 1990 Units: In tnWL, unless otherwise noted Arsenic (0.002 Barium (0.1 Cadmium 0.005 Chromium (0.01 Lead 0.05 Mercury (0.002 Selenium (0.002 Silva (0.01 Sodium 59.8 Iron 0.03 Calcium 21.96 Magnesium 58.0 Copper (0.01 Silica 89 Sulfates 36 Nitrate 0.54 Fluoride 0.63 Chloride 35.5 Endrin (0.0005 Lindane (0.0005 Methoxychlor (0.001 Touphene (0.001 2,4-D (O.00S 2x4,5 -TP (Silver) (0.001 Total Dissolved Solids: 561 Total Alkalinity, m&AJCaCOs: 354 Total Hardness, rngA &C01: 310 j eo .ea rn. ,J1V eo, o* nenueuv-eilsun ini t • wiuxu t2lnloa a BREWER ENVIRONMENTAL'..-.<YICES (pap i of 4) a OapanmaM of 0,f v EwrrorwunM In*uaa M Jpa NIL ; 652 o O. BOY 552. Papaitou, Maw*& 96781. Plw a 964•5527 Fac W-5309 AppondiY D- oA1e JULr Y 20, 1991 LABORATORY ANALYSIS REPORT (1) pace 1 OF 2 10- NANSAY HAWAII. INC. MR. RANGY FOLTI ` _ SUT_TE 721 PHONE n0pRE55� H • C . EOX 111222," a r ..._ �� SAMPLES 09• 07/19/91 rW'a' 0.30 SAMPLED BY CI. EKE �• SAMPLING 0419 aECE1PT DATE. 07/19/91 TIME. 1925 DATE SAMPLE ANALYZED 7122-2E /9 TIME SAMPLE ANALYZED SAMPLETYPE I SAMPLE DESCRIPTION uNrts Xau W&-ZL #2 I 5?.hIC /l 1 40.002 8R4iUe: mg/1 40.1 CADMIUM ID / <0-005 CENWIUM acyll 0.02 t e 1 <0. 02 Y'RCU?T mg/1 I c0.0002 I I S'✓? NID ! 1 I 40.002 'yV£A mail Co.ol SODIUM mail 49.3 IRON mcill 0.06 I 16.4 UH me/2 1 30.9 CDPT2 t ma/1 40.01 FANGJQ%rsr esil 0.02 ZINC ma/z ma/z e0.01 NITRATE mg /1 0.57 FLUORIDE m /1 6.0 CHL0.1'_DE W411 1 1i LABORATORY REMARKS: SW"l analy2e0 eccoremg to-Me%,6W IW Cnemial An%Iyas 01 Wate- anC W*.iie*• . V.S.' •.. oa rm 4,voo. * Aeuueuy-naaeuu aut 1 Owl Exhibit I BREWER ENVIRONMENTAL L.. MCES (Pap 2 of 4) a oapam rom of arawar EavvemoneA l Ineusuiea JOx �, -465 2 P.O. Box 552. Poosoou. Hawaii 96711. Prim 96x-5522 fax: 954-5309 Dee VLY 10,19a1 LABORATORY ANALYSIS REPORT (1) PAGE 2 or 3 TC. HANSAY HAWAII, INC. ArK: t4A. AANDY FOLT21 •Doff__=ss. P.O. 80X 111222 SDIT: 727PRON jamnss Of. wX1 LK ' SAMPLaD BY: C lITNT SAMPLING DATE. 0 7 / 19 / 91 TIa.E: _ 0 7) 0 ?=CEI?TDATE: 07/19/91 TIME. '1923 DATE SAMPLE' ANALYZED 07/32-06/0 TIME SAMPLE ANALYZED' SAMPLE TYPE. SAMPLE DESCRIPTION I UNITS I Rau WELL 8.2 DETECTION :,Ir.IT O- .r c 1 DISS 405 TOTAL * RALINI _ mvC&C ^ * X&RDNESS mache 11 —all 172 _ 72.4 T —n Units 2 tSG R9oNA?SbmqC&CO 1 23, �nR3� A r,SDROXIDES maCaCO 1 0 �AASON DIOXID ma/l 206 SoaoN ma/1 1 0.9 .NDRIN /i ND 0.0002 :IZNDANE ma/l ND 0.0002 �.YY OXYCfiLDA /1 ND 0.0002 TOXAPK /1 O.OD05 -D PD 0.005 2,4 S -TP tSI�t 1 me/1 ND 0.001 HD a NOT DSTICP[p D2 &%C NWW-nllbVB aua a �A UCL Ezhlblt 3 (Page 3 0} 4) BREWER .�.� Et11VIQ0NMENTAL INOupTaIrs. INc. LABORATORY ANALYSIS REPORT CLIENT: MATER RESOURCE ASSOCIATES ATTN: DAN LUM 1124 Fort Street Mall. Suite 212 Honolulu, Hawaii 96813 JOB NUMBER: 5275 DATE: NOV. 06, 1991 SAMPLE LOCATION: NANSAY HI WELL 02 Date/Time Sample0: 07/19/91 • 1140 Matrix: WATER Date/Time RoCeived: 09/97/91 • 1200 Sample S: Re—cheek Date Analyzed: 09/27/91 METHOD a: 340.2 ANALYSIS RESULTS Reporting mg/l Limits rep/l FLUORIDE 0.76 6REMtl1 ENYIROMMEWAL INDUSTRIES, JIM q OCR fv roR $u a : PAN wo D3 „�_ ucuuew -�uevu aua a BREWER l^n Cfyw1A0NM6N7AL �ye INDUNTRINS. INC. �VLJ aiI11 Y,� i (Page 4 of 4) LABORATORY ANALYSIS REPORT -Etivowunenlal Serviars DivlsrtY/ CLIENT: WATER RESOURCE ASSOCIATES ATTN: DAN LUM' 1124 Fort Street Nall, Suite 212 Honolulu, Newall 96il13 JOB NUMBER: 5464 DATE: NOV. 06; 1991 SAMPLE LOCATION: NANSAY•KAU WELL 2 Date/Time Sampled: 07/19/91 81140 Matrix. WATER' Date/Time Received: 10/18/91 01330 sample 0: Re -check Date Analyzed: 10/18/91 340.2 ANALYSIS RESULTS Reporting m9/1 Limits mg/l ' FLUORIDE 0.82 DUPLICATE 0.81 SPIKE RECOVERY 1.62 lobi Spike level 0.20 mg/l GAtWEl1 EMMONYEMTAL IMMSTNIE[. f"C rro.•cv6/Ywu 1-Z-0 ow ySTT7 Approved Sy: 'r. 0 +u rm +au oo: v� neuurw-naatiuu �u� a � �Vl �L� EXHIBIT "C" SUBJECT TO THE FOLLOWING: 1. Possible rollback taxes. 2. Grant in favor of the State of Hawaii, by its Director of Transportation dated December 28, 1976, recorded in the Bureau of Conveyances of the State of Hawaii in Liber 12542, Page 767; granting a perpetual right and easement to construct, reconstruct, operate, maintain and repair poles and wire lines, etc., for the transmission and distribution of electricity over, upon, across and through Easement 016" described as follows: CENTERLINE DESCRIPTION Being a strip of land one hundred (100.00) feet wide and extending fifty (50.00) feet on either side of the following described centerline: Beginning on the centerline, at the north end of this easement, on the south boundary of Puukala, the coordinates of said point of beginning referred to Goverment Survey Triangulation Station "AKRHIPUU" being 834.61 feet south and 16,969.46 feet west, and running by azimuths measured clockwise from true south: 1. 9' 33' 1,207.76 feet along remainder of L. P. 8265, Mahele Award 13-B to Paalua, and containing an area of 5.068 acres, more or less. By Assignment of Easement and Delegation of Duties and Obligations dated July 26, '1977, recorded in said Bureau in Liber 12542, Page 781, the State of Hawaii, by its Director of Transportation, assigns to Hawaiian Electric Company, Inc., a Hawaii corporation, all of its interest in said easement. 3. Limited restricted abutter's rights of vehicle access into and from Milua-Hawaihae Road, Section ISI, Project No. BD -67-391, as condemned by the State of Hawaii, by Stipulated Judgment and Final order of Condemnation filed in the Circuit Court of the Third Circuit, State of Hawaii, as Civil No. 2070, recorded in said Bureau in Liber 7783, Page 38. r:wrwsA�rs�na:sm�ni�.mc l pcLpCU}-"110UL lUl 1 I 4. "Remnants of old $cattle fence' and stonewalls do not follow property lines along the southeasterly corner of the property described herein, and portions of old stonewalls along the northeasterly boundary are in and out of said property, as shown on the survey map dated June 28, 1989, prepared by Chrystal Thomas Yamasaki, Registered Professional Land Surveyor." S. Any trails, easements or rights-of-way, claims to which may be predicated upon prescriptive use or ancient Hawaiian use or custom. 6. Claims arising out of rights customarily and traditionally exercised for subsistence, cultural, religious, access or gathering purposes as provided for in the Hawaii Constitution or the Hawaii Revised statutes. 7. Any facts, rights, interests or claims which may exist or arise by reason of any matters) that may be disclosed by an inspection or survey. END of EXHIBIToc" r:v►wr�vas�coa�lsnw�-,u,.mc 2 11 U-1 ►.( A iA 4 • ' e =�jC� • f � � i a�.:ni��d� .1 � � wi �..tiJ � �J V2'I ,. .m eau oou•J6 neuueW-niaeVu iul 1 EXHIBIT BogD t 1Q1CM 1►TS no 81 pss88NTSs That we I etate of 8awal.i• as Principal o! and hold and fi=lY bound Hato tbG County of Sawaii• a as surety are tion of the State of Hawaii# and/or the Depastm"tfs) municipal corpOrA of :later SUPPLY Public Works of said County, hereinafter called the obligees" th it successors sad assigns in the full and just sum Dollars of for the Payment of which to the said obligees• their successors and assigns• Melt and truly to be madet we do hereby Mad ours ver and our respective beirs• executors and administrators, assigns and/or successors• jointly and severally firmly by these resentse signed sealed• delivered and dated this of at State of Hawaii. THCITIog of THIS 08LIGATIDla Zs SOC6 TBl►Ts whareast the said principal# as subdivider, has submitted for approval .to the CoUbty planning 0epartmeat of the County of Savaii copies o a prelimiaarY plet shevi34 the subdivision of lana known as PD: 6/64 U!* nruyrur-Al}GVLL lul 1 whereas the said preliminary plat bas been approved by the said County P anniaq Depaztees►t and thersafter copstrnct£oa plans showing dot d2s of road coastructi on, drainage structurest an other utilities and impzovementse proposed water systems, within the: to be installed o constructed by the said principal said subdivision, bays been submitted to and appsovsd by the It P3.a=iuQ De Works of said Co of the county of of health, Stats a part of this bcmd what" agresment with the Water Supply ani 19 . to camp subdivision Vithm as may be =Utu&I Hawaii and/or tkilk may canal the Sim !roan the prinoij of this bond thl wh construction pl said subdivisio and approved by Whereas, =� said county p the chief zmineer of the Department of Pub e t the Manages of the Depaztmmt of water supply y. UV.U, and the Sanitary Ea94 0eet Of the Department of Hawaiiswhich said construction plans are made the same as though Set forther hereinv and , the abovenamed principal has entered into au County of Hawaii and/or the Dspaztment(s) of public works, dated this �. day of_�� eta the aforementioned improvements within said the time therein specifiedr or such extension LY agreed upon, and upon default, the county of — Department(s) of water Supply and public works to be completed and recover the costs thereof al and suretyr which said agr9ement is meds Part Sam as though set forth berein; and sr the said improvements as shown on the said to be tad and installed within the 2, by the said principal, have act been COM feted the said County planning Departs and the said principal has/have applied to the an revel Of the subdi- for final aPpecordation inq Departmvision cap forixt . -2- ��. �.. �.VV ani J1V 001 YY, ptlllprW,-"116VU. IUL 1 • v �T TomYO=, it the above ba=&A principal shall fully 4ud taitbfU12:1 do sad perform all -of the thugs agreed by i to be done and p wed seeozdia4 to the tazms*of said agreement and shall eon t and install all of the LIIVW ms�'tsl, within s said subdivision accordance rith tba said eoastroCtion plans therefore on or ore the �� I AST of �---� at rithia sw.h that esteasioa ss may be matuslly agreed apon by obligees and p iPal is vriting that aeon the final approval rovements by the CowIty Planning uspartmantr of all the said rtment at Department of pub is Works and Where aPProP*Uto tbs DePa water Supply, tI obligation shall be voids otberrise it shall be and zemaia is t force and affect. zaae oret -3- .. rr •-../1 ln> VlV V V I V � YGWIG II II110VY 1Yl 1 • �" CO KNOW ALL MEN BY THESE PRESENTS: j That, NANSAY HAWAII, INC., a Hawaii corporation, the owner of the Kohanaiki Property described in the foregoing Water Agreement, does hereby consent to the foregoing Water Agreement and waives any rights to any water commitments for the Kohanaiki Property granted pursuant to the foregoing Water Agreement, and further covenants and agrees that notwithstanding anything stated in paragraph 6 thereof, the Water Agreement may be amended by K -W Kau, LLC, K -W Kohanaiki, LLC and the Water Commission of the County of Hawaii without the consent or joinder of Nansay Hawaii, Inc. IN WITNESS WHEREOF, the undersigned has executed this Consent the day of , 1999. NANSAY HAWAII, INC. / By Its S;,nnensd!ein SONNENSCHEIN NATH & ROSENTHAL LLP Arthur S. Levine 213.892.5091 alminc@sonnenschein.com January 19, 2007 VIA FEDERAL EXPRESS Dave Eadie 2810 West Ocean Front Newport Beach, CA 92663 a 601 south Figueroa street I I state 1500 Los Angeles CA 90017-5704 213.623.9300 213.623.9924 fox www.sonnonschein.com Re: Hiluhilu Development, LLC Water Agreement Dear Dave: Enclosed is the original First Amendment to Water Agreement signed by Hiluhilu Development, LLC. Please sign on behalf of Kohanaiki Shores, LLC and have your signature notarized. You previously signed a copy of this First Amendment to Water Agreement and it was notarized as of January 12, 2007. If possible, use the same notarization date for this one, but if not, then use the current date. After you sign and your signature is notarized, please forward the original by federal express directly to: Alan Okamoto Nakamoto, Okamoto & Yamamoto 187 Kapiolani Street Hilo, Hawaii 96720-2687. Please send me a copy of the First Amendment to Water Agreement signed by you. ASUcr Enclosure 30286717 Brussels Chicago Kansas Citv Short Hills, N.J. Very truly yours, Arthur•S. dvi lige Los Angeles New York Washington D.C. Phoenix St. Louis West Palm Beach Son Francisco EXHIBIT B-2 FIRST AMENDMENT TO WATER AGREEMENT This First Amendment to Water Agreement (the "Amendment') is made as of -� rA n --(1 r y l l , 20067by and between HILUHILU DEVELOPMENT, LLC, a Hawaii limited liability company, ("Hiluhilu"), whose address is P.O. Box 9007, Kailua-Kona, Hawaii 96745-9007, KOHANAIKI SHORES, LLC, a Delaware limited liability company, ("Kohanaiki"), whose address is c/o Rutter Development Corporation 18012 Cowan, Suite 200, Irvine, CA 92614735563 and the Water Board of the County of Hawaii ("Water Board % whose address is 345 Kekuanaoa Street, Suite 20, Hilo, Hawaii 96720. RECITALS The Amendment is made in reliance on the following facts: A. On June 15, 1999, K -W KAU, LLC, K -W KOHANAIKI, LLC and the WATER COMMISSION OF THE COUNTY OF HAWAII entered into the Water Agreement (the "Water Agreement') concerning, among other matters, the following: (a) responsibilities regarding the development of the Kau Water System and the Kohanaiki Water System (jointly referred to as the Water Systems) including Well 1 (State No. 4458-01) and Well 2 (State No. 44580-02); (b) granting water rights to K -W Kau LLC for the property described as TMK (3) 7-2-5-1 and referred to in the Water Agreement as the "Kau Property;" and (c) granting water rights to K -W Kohanaiki LLC for the property described as TMK (3) 7-3-9-3 and 16 and referred to in the Water Agreement as the "Kohanaiki Property." B. Hiluhilu is the successor in interest to the rights of K -W KAU LLC under the Water Agreement. When the Water Agreement was executed, the Kau Property was comprised of approximately 1,002.6 acres of land. Since the Water Agreement was executed the Kau Property has been subdivided into two parts: the upper portion has been subdivided in the lots. that comprise the Makalei Estate subdivision, roadways and the two well sites described in the Water Agreement as Well #1 Well Site and Well #2 Well Site and such properties are referred to herein as the "Makalei Property." The lower portion of the 1,002.6 acres, being approximately 725.2 acres, has been reclassified to State Land Use Urban and is being rezoned to Project District and is referred to herein as the "Palamanui Property." The Makalei Property and the Palamanui Property are jointly referred to as the "Kau Property. C. Kohanaiki is the successor in interest to the rights of K -W KOHANAIKI LLC under the Water Agreement. Kohanaiki is now developing the Kohanaiki Property. D. The Water Board is the successor in interest to the former Water Commission of the County of Hawaii. E. The parties desire to enter into the Amendment to amend the Water Agreement as forth below. The Water Agreement as amended by the Amendment shall be referred to as the "Amended Water Agreement." 3027]m V-) 110906 0 0 NOW THEREFORE, in reliance on the aforesaid facts and in consideration of the terms and provisions set forth below, the parties agree that the Water Agreement is amended as follows: 1. Successor Parties. Hiluhilu is the successor in interest to K -W KAU LLC under the Water Agreement and all references in the Water Agreement to K -W KAU LLC are amended to refer to Hiluhilu. Kohanaiki is the successor in interest to the rights of K -W KOHANAIKI LLC under the Water Agreement and all references in the Water Agreement to K -W KOHANAIKI LLC are amended to refer to Kohanaiki. The Water Board is the successor in interest to the Water Commission of the County of Hawaii under the Water Agreement and all references in the Water Agreement to the Water Commission of the County of Hawaii are amended to refer to the Water Board. 2. Amendment of Subparagraph 4.1.1. b. Subparagraph 4.1. Lb is amended and restated in full to read as follows: "b. Construction of improvements, meeting the DWS's Standards, to transmit water to the Kohanaiki Property through the Palamanui Property with appropriate storage tank or tanks for the Palamanui Development, and a storage tank or tanks near the makai end of the Palamanui Property or State of Hawaii land if available, at an elevation specified by the DWS, and extension of a pipeline from the storage tanks down to and along Queen Kaahumanu Highway or through State land if available, to the DWS water system on Queen Kaahumanu Highway. This route will involve installations along roadways that will be dedicated to the County of Hawaii, and easements and rights over and across the Palamanui Property, and if State land is available, through State of Hawaii land." 3. Amendment of Paragraph 4.2. Paragraph 4.2 is amended and restated in full to read as follows: "4.2 Facilities Charges; Capital Assessment Fee. The Kohanaiki Commitment shall be provided by the Water Board upon payment of facilities charges in accordance with Rule 4-6 of the Department of Water Supply Rules and Regulations (Eff. October 21, 2004) in exchange for the conveyance to the Water Board of the Kohanaiki Water System. The Capital Assessment Fee is waived because of the development of the water source by Kohanaiki." 4. Amendment of Paragraph 5.1 and Paragraph 5.2. Paragraph 5.1 including Subparagraphs 5.1.1. and S. 1.2 is deleted in full and intentionally left blank. Paragraph 5.2 including Subparagraphs 5.2.1 and 5.2.2 is amended and restated in full to read as set follows: "5.2. Hiluhilu's and Kohanaki's Election to Complete Wells. "5.2.1 Well No. 2. Hiluhilu has elected to complete Well #2 and has substantially completed the improvements for Well #2. Hiluhilu has obtained a bond guaranteeing the completion of Well #2 in a form and an amount satisfactory to the Water Board, from a bonding company qualified and licensed to do business in the State of Hawaii with a rating of not less than B+. Said bond names the Water Board as an -2- 102716MV-3 1109% 0 obligee. Hiluhilu shall have the exclusive right to complete Well No. 2 subject to the Water Board's right to complete construction of the improvements as provided in Paragraph 5.3. "5.2.2 Well No. 1. Kohanaiki has elected to complete Well #1. Kohanaiki shall have the exclusive right to complete Well No. 1 subject to the Water Board's right to complete construction of the improvements as provided in Paragraph 5.3." 5. Amendment to Paragraph 7.1. Paragraph 7.1 is amended by adding the following at the end to read as follows: "Notwithstanding anything in this Agreement to the contrary, prior to completion of the Water Systems, Kohanaiki shall have the right, upon prior written notice to and the approval and consent of the Water Board, to assign its rights and interests, or portions thereof, in the Kohanaiki Commitment and the Water Agreement, as amended, to Hiluhilu but only for the benefit of, and used only in connection with the Palamanui Property (and the Palamanui Development)." 6. Paragraph 10 is amended by replacing "American Arbitration Association for Commercial Disputes" with "Dispute Prevention and Resolution, Inc. of Honolulu, Hawaii", and by replacing Chapter 658, Hawaii Revised Statutes" with "Chapter 658A, Hawaii Revised Statutes." 7. Hiluhilu represents and warrants as follows: Hiluhilu (as the successor of K -W KAU, LLC) is entitled to a Water Commitment of 343 equivalent units ("EU") from Well #2 (the "Kau Commitment"). Of the EU from the Kau Commitment, Hiluhilu has allocated 81 EU to the lots in the Makalei Property which Hiluhilu developed. Other than those 81 EU, Hiluhilu has not allocated, assigned or transferred any EU in the Kau Commitment to any other person or entity or for the use or benefit of any land and that it will not make any future allocation, assignment or transfer without complying with Paragraph 7.1. of the Water Agreement, as amended. 8. Kohanaiki represents as follows: Kohanaiki (as the successor of K -W KOHANAIKI, LLC) is entitled to the Kohanaiki Water Commitment of 1907 EU (1125 EU from Well #1 and 782 EU from Well #2). Kohanaiki has not allocated, assigned or transferred any EU in the Kohanaiki Commitment to any other person or entity or for the use or benefit of any land and that it will not make any future allocation, assignment, agreement or transfer without complying with Paragraph 7.1. of the Water Agreement, as amended. 9. Effect of Amendment. Except as specifically amended above, the Water Agreement dated June 15, 1999 shall remain in full force and effect. In Witness Whereof, the parties hereto have executed the Amendment as of the day and year first above written. -3- 70+A6MV•7 1109M HILUHILU DEVELOPMENT, LLC KOHANAIKI SHORES LLC By: KS DEVELOPERS LLC By: Its Managing Member By: KS INVESTORS, LLC Its Managing Member RECOMMENDED APPROVAL: 0 Manager Department of Water Supply By: RUTTER DEVELOPMENT CORPORATION Its Man WATER BOARD OF THE COUNTY OF HAWAII 0 Its Chairman APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii -4- 302736MV-7 11OM STATE OF HAWAII ) ) SS. COUNTY OF HAWAII On this I 4t, day of J anima r2c t , 200 �1 , before me appeared 'FMCI RY i e Vd. 6LAU 1 w6 ffi- , to me personally known, who, being by duly sworn, did say that he is the m ai--Jan i AA tuLQm1L, of HILUHILU DEVELOPMENT, LLC, a Hawaii limited liability company, and that the foregoing instrument was signed in behalf of said company; and said be- acknowledged said instrument to be the free act and deed of said company. kk'p- ry t W2i �- 1 V QJU1'lQil� NOTARY 92 PU 3 * Notary Public OFxA State of Hawaii My commission expires:i2- -5- 30273�v.3 iiOM 0 0 STATE OF CAU FC&iA ) SS. COUNTY OF VONT ) On this _ day of ( f JVAJLNJ 200 , before me appeared Oft 0' 12 hi E I _, tome ersonal y known, who, being by duly sworn, did say that he is the +iE�E GO'nvE oFr-ILF,-V== of RUTTER DEVELOPMENT CORPORATION a California corporation, Manager of KOHANAIKI SHORES, LLC, a Delaware limited liability company, and that the foregoing instrument was signed in behalf of said company; and said QFfjCF- fZ acknowledged said instrument to be the free act and deed of said company. ,. MONKM RAMEZ 1Q'MVCMM-F Gommtrslon !1SOJ016Notary PublCCaQoaYoownp �pYa�d�4, 20W =7 v-, 110%6 Notary Public State of CALj FCYPt,3l A My commission expires:'�j -7- • 0 STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) On this day of before me appeared , to me personally known, who being by me duly sworn, did say that he is the of the WATER BOARD OF THE COUNTY OF HAWAII and that the seal affixed to the foregoing instrument is the seal of the Department of Water Supply of the County of Hawaii, and that the instrument was signed and sealed in behalf of the Water Board by authority of said Water Board, and said acknowledged the instrument to be the free act and deed of the Water Board. Notary Public State of My commission expires: -6- 302,366%V-, 110906 0 0 CONSENT TO ACTION The undersigned, the members of Kohanaild Shores LLC, hereby consent, approve, and ratify the actions of KS Developers LLC on behalf of Kohanaild Shores LLC entering into the Agreement to Develop water Systems and Transfer Water Rights dated as of September 14, 2006 with Hiluhilu Development LLC and further authorize KS Developers LLC on behalf of Kohanaild Shores LLC to sign and enter into the First Amendment to Water Agreement in substantially the form of the agreement attached hereto. KS DEVELOPERS LLC, a Hawaii limited liability company By. KW Kona LLC, a Hawaii limited liability company, Its Member By. K -W Properties,'40&r9ia Its Its: By: KS Investors LLC, a Hawaii limited liability company, Its Member By: Rutter Development Corporation, a CalifoFlp-. oratio aging Membev By: Name Its: 3OW16 .1 Dated: 2007 UP JOINT INVESTMENT FUND LLC, a Delaware limited liability company By: IHP Investment Fund III, L.P., a California limited partnership, Its Member By: Institutional Housing Partners III L.P., a California limited partnership, Its Ee . , m . By: IU Capital Partners, a California corporation, Its �eral Partner Bar shy,{, 'pJ NTO Un FIRST AMENDMENT TO WATER AGREEMENT This First Amendment to Water Agreement (the "Amendment') is made as of -� r. n,io ry 1 l 200?by and between HILUHILU DEVELOPMENT, LLC, a Hawaii limited liability company, ("Hiluhilu"), whose address is P.O. Box 9007, Kailua-Kona, Hawaii 96745-9007, KOHANAIKI SHORES, LLC, a Delaware limited liability company, ("Kohanaiki"), whose address is c/o Rutter Development Corporation 18012 Cowan, Suite 200, Irvine, CA 92614735563 and the Water Board of the County of Hawaii ("Water Board"), whose address is 345 Kekuanaoa Street, Suite 20, Hilo, Hawaii 96720. RECITALS The Amendment is made in reliance on the following facts: A. On June 15, 1999, K -W KAU, LLC, K -W KOHANAIKI, LLC and the WATER COMMISSION OF THE COUNTY OF HAWAII entered into the Water Agreement (the "Water Agreement') concerning, among other matters, the following: (a) responsibilities regarding the development of the Kau Water System and the Kohanaiki Water System (jointly referred to as the Water Systems) including Well 1 (State No. 4458-01) and Well 2 (State No. 44580-02); (b) granting water rights to K -W Kau LLC for the property described as TMK (3) 7-2-5-1 and referred to in the Water Agreement as the "Kau Property;" and (c) granting water rights to K -W Kohanaiki LLC for the property described as TMK (3) 7-3-9-3 and 16 and referred to in the Water Agreement as the "Kohanaiki Property." B. Hiluhilu is the successor in interest to the rights of K -W KAU LLC under the Water Agreement. When the Water Agreement was executed, the Kau Property was comprised of approximately 1,002.6 acres of land. Since the Water Agreement was executed the Kau Property has been subdivided into two parts: the upper portion has been subdivided in the lots that comprise the Makalei Estate subdivision, roadways and the two well sites described in the Water Agreement as Well #1 Well Site and Well #2 Well Site and such properties are referred to herein as the "Makalei Property." The lower portion of the 1,002.6 acres, being approximately 725.2 acres, has been reclassified to State Land Use Urban and is being rezoned to Project District and is referred to herein as the "Palamanui Property." The Makalei Property and the Palamanui Property are jointly referred to as the "Kau Property. C. Kohanaiki is the successor in interest to the rights of K -W KOHANAIKI LLC under the Water Agreement. Kohanaiki is now developing the Kohanaiki Property. D. The Water Board is the successor in interest to the former Water Commission of the County of Hawaii. E. The parties desire to enter into the Amendment to amend the Water Agreement as forth below. The Water Agreement as amended by the Amendment shall be referred to as the "Amended Water Agreement." 303736MV-3 110906 NOW THEREFORE, in reliance on the aforesaid facts and in consideration of the terms and provisions set forth below, the parties agree that the Water Agreement is amended as follows: 1. Successor Parties. Hiluhilu is the successor in interest to K -W KAU LLC under the Water Agreement and all references in, the Water Agreement to K -W KAU LLC are amended to refer to Hiluhilu. Kohanaiki is the successor in interest to the rights of K -W KOHANAIKI LLC under the Water Agreement and all references in the Water Agreement to K -W K014ANAIKI LLC are amended to refer to Kohanaiki. The Water Board is the successor in interest to the Water Commission of the County of Hawaii under the Water Agreement and all references in the Water Agreement to the Water Commission of the County of Hawaii are amended to refer to the Water Board. 2. Amendment of Subparagraph 4.1.1 b. Subparagraph 4.I.1.b is amended and restated in full to read as follows: "b. Construction of improvements, meeting the DWS's Standards, to transmit water to the Kohanaiki Property through the Palamanui Property with appropriate storage tank or tanks for the Palamanui Development, and a storage tank or tanks near the makai end of the Palamanui Property or State of Hawaii land if available, at an elevation specified by the DWS, and extension of a pipeline from the storage tanks down to and along Queen Kaahumanu Highway or through State land if available, to the DWS water system on Queen Kaahumanu Highway. This route will involve installations along roadways that will be dedicated to the County of Hawaii, and easements and rights over and across the Palamanui Property, and if State land is available, through State of Hawaii land." 3. Amendment of Paragraph 4.2. Paragraph 4.2 is amended and restated in full to read as follows: "4.2 Facilities Charges; Capital Assessment Fee. The Kohanaiki Commitment shall be provided by the Water Board upon payment of facilities charges in accordance with Rule 4-6 of the Department of Water Supply Rules and Regulations (Eff. October 21, 2004) in exchange for the conveyance to the Water Board of the Kohanaiki Water System. The Capital Assessment Fee is waived because of the development of the water source by Kohanaiki." 4. Amendment of Paragraph 5.1 and Paragraph 5.2. Paragraph 5.1 including Subparagraphs 5.1.1._and 5. 1.2 is deleted in full and intentionally left blank. Paragraph 5.2 including Subparagraphs 5.2.1 and 5.2.2 is amended and restated in full to read as set follows: "5.2. Hiluhilu's and Kohanaki's Election to Complete Wells. "5.2.1 Well No. 2. Hiluhilu has elected to complete Well #2 and has substantially completed the improvements for Well #2. Hiluhilu has obtained a bond guaranteeing the completion of Well 42 in a form and an amount satisfactory to the Water Board, from a bonding company qualified and licensed to do business in the State of Hawaii with a rating of not less than B+. Said bond names the Water Board as an -2- 1nm66mva 110906 0 obligee. Hiluhilu shall have the exclusive right to complete Well No. 2 subject to the Water Board's right to complete construction of the improvements as provided in Paragraph 5.3. "5.2.2 Well No. 1. Kohanaiki has elected to -complete Well #1. Kohanaiki shall have the exclusive right to complete Well No. 1 subject to the Water Board's right to complete construction of the improvements as provided in Paragraph 5.3." 5. 1Amendment to Paragraph 71. Paragraph 7.1 is amended by adding the following at the end to read as follows: "Notwithstanding anything in this Agreement to the contrary, prior to completion of the Water Systems, Kohanaiki shall have the right, upon prior written notice to and the approval and consent of the Water Board, to assign its rights and interests, or portions thereof, in the Kohanaiki Commitment and the Water Agreement, as amended, to Hiluhilu but only for the benefit of, and used only in connection with the Palamanui Property (and the Palamanui Development)." 6. Paragraph 10 is amended by replacing "American Arbitration Association for Commercial Disputes" with "Dispute Prevention and Resolution, Inc. of Honolulu, Hawaii", and by replacing Chapter 658, Hawaii Revised Statutes" with "Chapter 658A, Hawaii Revised Statutes." 7. Hiluhilu represents and warrants as follows: Hiluhilu (as the successor of K -W KAU, LLC) is entitled to a Water Commitment of 343 equivalent units ("EU") from Well 42 (the "Kau Commitment"). Of the EU from the Kau Commitment, Hiluhilu has allocated 81 EU to the lots in the Makalei Property which Hiluhilu developed. Other than those 81 EU, Hiluhilu has not allocated, assigned or transferred any EU in the Kau Commitment to any other person or entity or for the use or benefit of any land and that it will not make any future allocation, assignment or transfer without complying with Paragraph 7.1. of the Water Agreement, as amended. 8. Kohanaiki represents as follows: Kohanaiki (as the successor of K -W KOHANAIKI, LLC) is entitled to the Kchanaiki Water Commitment of 1907 EU (1125 EU from Well #I and 782 EU from Well #2). Kohanaiki has not allocated, assigned or transferred any EU in the Kohanaiki Commitment to any other person or entity or for the use or benefit of any land and that it will not make any future allocation, assignment, agreement or transfer without complying with Paragraph 7.1. of the Water Agreement, as amended. 9. Effect of Amendment. Except as specifically amended above, the Water Agreement dated June 15, 1999 shall remain in full force and effect. In Witness Whereof, the parties hereto have executed the Amendment as of the day and year first above written. 10273669,v-) 110906 -3- :3kf3 G uS 20 s-3 Da 113 5o,ao c 9 HILUHILU DEVELOPMENT, LLC E KOHANAIKI SHORES LLC By: KS DEVELOPERS LLC By: Its Managing Member By: KS INVESTORS, LLC Its Managing Member By: RUTTER DEVELOPMENT CORPORATION Its ManpM RECOMMENDED APPROVAL: WATER BOARD OF THE COUNTY OF HAWAII Manager Department of Water Supply Its Chairman APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii -4- 302nM va 110906 0 STATE OF HAWAII SS. COUNTY OF HAWAII On this I � 4'j�' day of me appeared 0 200=1 , before . to me personally known, who, being by duly sworn, did say that he is the MGbk;✓i 1 na tAQX& e.t- of HILUHILU DEVELOPMENT, LLC, a Hawaii limited liability company, and that the foregoing instrument was signed in behalf of said company; and said Ise acknowledged said instrument to be the free act and deed of said company. PUB"� * Notary Public ?FOF%AP State of Hawaii My commission expires: q lw 12 -5- m ns va 110906 0 0 STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) On this day of before me appeared 200_, to me personally known, who being by me duly sworn, did say that he is the of the WATER BOARD OF THE COUNTY OF HAWAII and that the seal affixed to the foregoing instrument is the seal of the Department of Water Supply of the County of Hawaii, and that the instrument was signed and sealed in behalf of the Water Board by authority of said Water Board, and said acknowledged the instrument to be the free act and deed of the Water Board. Notary Public State of My commission expires: -6- )03]1669NJ 110906 0 STATE OF MU F012►JIA COUNTY OF Dom, On this " " day of me appeared SS. 40 200, before to me Mnal � own, who, being by duly sworn, did say that he is the "VG QUI of RUTTER DEVELOPMENT CORPORATION a California corporation, Manager of KOHANAIKI SHORES, LLC, a Delaware limited liability company, and that the foregoing instrument was signed in behalf of said company; and said QWICQ�j acknowledged said instrument to be the free act and deed of said company. ADORN.MONIOUE RAM1 C*Mfn"w r 1303086 • �� Ncfury fttk • CaWomb My Comm. EMprm , 2008 Notary Public State of CAL 1, SIA My commission expires: Jwll� Zt}, ZZQIDg 30273 mva 110906 EXHIBIT C -I • Hany Kim Mayor _ Mvv or Nq • roti Oi 0 - County County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street, Suite 3 . Hilo, Hawaii 96720 Phone(909)961-8288 . Fax (808) 961-8742 December 11, 2006 Mr. Kaimi Judd Regional Representative Discovery Land Company P.O. Box 9015 Kailua Kona, Hawaii 96745 Dear Mr. Judd: Christopher J. Yuen Director Brad Kurokawa, ASLA, LEED 1' AP Deputy Director APPLICATION FOR PLAN APPROVAL: Temporary Model Homes Kohanaiki Shores, North Kona, Hawaii TMK: 7-3-009:003 We have reviewed and approved the plan for the subject proposed project for FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL. PLAN APPROVAL, dated December 11, 2006, for your file. Please note any conditions of approval included as part of the FINAL PLAN APPROVAL. These conditions must be complied with prior to occupancy of the project, or as otherwise conditioned. Should you have any questions, please contact Bennett Mark of our West Hawaii Office at 327-3510. Sincerely, �"-HlgSTOPHER J. YUEN Planning Director cc: w/attach West Hawaii Office files TMK 7-3-009:003 Hawaii County is an equal opportunityprovider mid employer 0 APPLICANT: Discovery Land Co. (Kaimi Judd) LOCATION: Nath Kona 0 COUNTY PLANNING DEPARTMENT l FINAL PLANAPPROVAL DATE APPROVED: December 11, 2006 TAX MAP KEY: 7-3-009:003 PARCEL AREA: ZONE: 1.494 Acres por of 442.251 acre parcel V-1.25 PROPOSED USE: Temporary Model Home on Resident's Beach Facility Lot — Shores at Kohanaild ror Resident "s Beach vaciltty Lot Access to parking: Off Private Road that Connects to OK, Must comply with the requirements of the Queen Kaahumanu Highway. Department of Public Works. Off -Street Parking: 10 standard spaces provided, OK, 976 sq.ft. / 300 = 3.25 = 4 stalls required, one including one van accessible. of which must be a van accessible stall Loading and Unloading Space: none OF., not required Density: OK Fencing and Walls: Material: Height: Location: Hawaii County is an equal opportunity provider and employer As Shown on Plan Comments Front Yard (north): >100'-O" OK, 20'-0" Minimum required Rear Yard (south): > 100'-0" OK, 20'-0" Minimum required _Side Yard mauka : > 100'-0" OK, 8'-0" Minimum required Yazd makai : >100'-0" OK, 8'-0" Minimum required lit. of Structure: 24'-0" from natural grade to top of roof OK, One story, not more than 30'-0" Maximum allowed from natural grade to top of roof ror Resident "s Beach vaciltty Lot Access to parking: Off Private Road that Connects to OK, Must comply with the requirements of the Queen Kaahumanu Highway. Department of Public Works. Off -Street Parking: 10 standard spaces provided, OK, 976 sq.ft. / 300 = 3.25 = 4 stalls required, one including one van accessible. of which must be a van accessible stall Loading and Unloading Space: none OF., not required Density: OK Fencing and Walls: Material: Height: Location: Hawaii County is an equal opportunity provider and employer 'Plan Approval (TMK: 7-3-009:003) /2006 Page 2 of 2 Landscaping: Per submitted plan. OK, Complies with.Rule No. 17 of the Planning Department's Rules of Practice and Procedure. Others: Tax Clearance OK, Per letter of tax clearance from RPT dated 12/31/2006. Conditions: 1. Avyroved narking to be paved strived and appropriate signage installed prior to issuance of the Certificate of Occupancy. 2. Approved landscaping to be installed and maintained prior to issuance of the Certificate of Occupancy, 3. Avvlicant shall comply with all other applicable laws rules regulations and requirements of Hawaii County, 4. Applicant shall comply with conditions of avoroval for Special Management Area Use Permit SMA No 439 Use Permit No. 197, and Use Permit No 198 5, Finish grade shall not be elevated by fill more than five feet above the natural grade per Condition 8 of Special Management Use Perput No 439 6 *To facilities are to be located within 400 feet of the present National Park bounda*v per Condition 10 D of Jecial Management Use Permit No 439 7. The specific conditions requiring buffers for the anchialine ponds and historical sites must be followed per Condition 10-I of Special Management Use Permit No 439 8. Within the 40 -foot buffer area around the ponds, no substantial construction shall occur ver Condition 57 of Special Management Use Permit No 439 9. Avvropriate buffers shall be used to prevent soil and construction materials and agricultural chemicals (fertilizers, herbicides and vesticides) from entering the ponds ver Condition 57 of Special Management Use Permit No. 439. 10. The applicant has stated and has unilaterally agreed to remove this temporary structure after one year unless the Planning Director avvroves an extension Thus this temporary structure s shall be removed after one year from the date of issuance of Certificate of Occupancy, unless the Planning Director avvroves a time extension. / % /✓!/.SCI; zZ/�fY �7 r. fanning Director Date _ Ae'C- PD 11/99 (MsWord) APPLICATION FOR PLAN APPROVAL Of "i'l raii COUNTY OF HAWAII 15. 57(%3 C{I'ai ini Fuliv /. -,7*1 J PLANNING DEPARTMENT Kediwa-Kona, til r87',V APPLICANT: Discovery Land Company (Keimi Judd - Regional Representative) A E C E is W IE 1 WV 16 - APPLICANT'S 6 - APPLICANT'S SIGNATURE: ADDRESS: PO DATE: September 19, 2006 TELEPHONE NO.: 808-329-5599, also by cell phone at 415-307-4440 (Kaimi Judd) APPLICANT'S INTEREST, if not recorded owner. ma&vfing RECORDED OWNER: Kohaoaiki Shores LLC OWNER'S SIGNATURE: see attached letter from owner DATE: we letter ADDRESS: 18012 Cowan St. suite 200, Irvine, CA 92614 TELEPHONE NO.: 949-863-1298 (Dave Eadie) PROPOSED USE: Temporary Model Home TAX MAP KEY: 7.34009:3 STREET ADDRESS OF PROPERTY: Kohanaiki shores stmet the STATE LAND USE DISTRICT: North Kona, Hawaii LAND AREA: 4,w acres ZONING: V- 1. LF PURSUANT TO THE ZONING CODEAND THE PLANNING DEPARTMENT'SRULES OFPAer1vrXAND PROCEDURE. THISAPPLICATIONMUST BEACCOYP d ur'vr, ` • LE AND FULLYDIMENSIONED INDICATING CLEARLY (I The location and dimension of the building site, The location, size, height, and use of all existing All yards d open aces, ( Location, eight an material of all fences and a ( The standard of improvement and location, numl to circulation of all street parking and loadingf, �1 i adJ oining streets; l (6) 76e location eneral nature, andhype, and protea g; Al! propose�ndscaping and planting; All roposed street dedication and im rovement, i ' Any other information required by the director. A certification of clearanceom the Director of Finance t relating to the sub�'ect parcerw have been paid and that the accompany this�fpplication. THE PROJECT SHALL COMPLY WITHALL REpUIREM BY THE PLANNING COMMISSION OR COUNTY COUNCIL. PD:01/M:kwp60Vemulp&iPhnApp.Gm) LI ECCi;-!AiJAIKI GoI( 6 0...n Club Chris Yuen Planning Director County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 C/O Kona Planning Office Attn: Bennett Mark Re: Shores at Kohanaiki TMK: 7-3-009:3,16 Dear Mr. Yuen, 0. r t C E I• UT) F;iiY 3 r 15 The current application for plan approval for the temporary model home at Kohanaiki has the following clarifications: - It is a small scale model home that is intended to communicate the general style and quality of some of the homes that will eventually be constructed in the community. - It is a temporary structure that is anticipated to be removed from the proposed location in approximately 1 year. The applicant agrees to a conditional plan approval for this building lasting 1 year from the approval date with the option to extend the approval at the Planning Director's discretion. If an extension is denied, the building will be removed. The building complies with all conditions of the SMA permit. Thank you for your time and consideration. Ifyou have any questions, please feel free to contact me on my cellular phone at 415-307-4440. Aloha, a mi Discovery Kohanaiki Management (Applicant) P.O. Bo, 9015,Kailua-Kona, HI 96745 -.:1-808-640-6832 1-808.443-0285 ww,v.kohanaikitom F EXHIBIT C-2 Harry Kim Moyor June 8, 2007 Mr. Dave Eadie Kohanaiki Shores, LLC 18012 Cowan, Suite 200 Irvine, California 92614 Dear Mr. Eadie: M(v w114 �r� ei•M�'� County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone(808)961-8288 . Fax(808)961-8742 APPLICATION FOR PLAN APPROVAL: Kohanaiki Beach Club House "Resident's Beach Facility" Shores at Kohanaiki, North Kona, Hawaii TMK: 7-3-009:003 Christopher J. Yuen Direclor Brad Kurokawa, ASLA, LEEDT1° P Deputy Director We have reviewed and approved the plan for the subject proposed project for FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL, dated June 7, 2007, for your file. Please note any conditions of approval included as part of the FINAL PLAN APPROVAL. These conditions must be complied with prior to occupancy of the project, or as otherwise conditioned. Should you have any questions, please contact Bennett Mark of our West Hawaii Office at 327-3510. Sincerely, - STOP J. Planning Director cc: w/attach West Hawaii Office files TMK 7-3-009:003 Hawaii County is an equal oppornmity provider and employer COUNTY PLANNING DEPARTMENT FINAL PLAN APPROVAL APPLICANT: Kohanaiki Shores, LLC LOCATION: North Kona PARCEL AREA: Approx. 4 acres ( +) por of 442.251 acre parcel DATE APPROVED: June 7, 2007 TAX MAP KEY: 7-3-009:003 ZONE: Open (for northwest portion ) Residents Beach Facility, Beach Bar, Temporary Sales Pavillion (Future Beach Boy Hut) and CV -10 (for southeast portion) Ohia Boardwalk, pool, & storage buildings. PROPOSED USE: Kohanaiki Beach Club House—"Resident's Beach Facility' – Shores at Kohanaiki As Shown on Plan Comments Front Yard (northeast): >100'-0" OK, None required for Open Zone (northwest), and 15'0" minimum r 'd for CV -10 Southeast Side Yard (northwest): > 100'-0" OK, None required for Open Zone (northwest), Side Yard (southeast): > 100'-0" OK, 15'-0" Minimum required for CV -10 Zone Rear Yard (makai): >50'-0" OK, 40'-0" Shoreline Setback Minimum required. Shoreline Certification Waived (Planning Director's 5/8/06 letter Ht. of Structure: 30'-0" from natural grade OK, One story, not more than 30'-0" Maximum to top of roof allowed from natural grade to top of roof for Resident's Beach Facility Lot, SMA -439 condition 8 Access to parking: Off Private Road that Connects to OK, Must comply with the requirements of the Queen Kaahumanu Highway. Department of Public Works. Off -Street Parking; OK, 5,216 sq.ft. / 300 = 17.38 = 18 standard stalls required per code, one of which must be a 93 Golf Cart Parking spaces provided per plan handicapped van accessible stall. Per applicant, no automobile parking will be provided, and access to facility will be by golf carts only. Per Sect. 25-4-52 (f), and Planning Director's determination, 5 Golf Cart Parking Spaces may be substituted for each standard parking space required for this project and 87 Golf Cart Parkin Howai'i County it an equal opportunityprovider and emplaper 008131 I Final Plan Approval (TMK: 7-3-009:003) 6M07 Page 2 of 5 008132 Spaces are allowed as substitute for the 17.38 standard spaces. One (1) handicapped van accessible 9 ft. x 18 ft. One (1) handicapped Van accessible space must be parking space, with 8 ft. x 18 ft. access aisle space provided. provided per plan. Loading and Unloading Space: One golf cart parking designated OK, one 12 ft x 50 ft loading stall required. Per for loading is provided. applicant, no automobile parking will be provided to facility, access to the facility will be by golf carts only, and provisions and supplies for the facility will be transported via industrial golf carts. Per Sect. 25-4-52 (f), and Planning Director's determination, one golf cart parking may be designated for the required loading and unloading space. Density: OK Fencing and Walls: OK Material: Lava Rock Height: Location: Various Landscaping: Per submitted Landscape Plan by Van OK, Complies with Rule No. 17 of the Planning Tilburg Banvard and Soderberg, AIA. Department's Rules of Practice and Procedure. Landscaping is to filter views of the resident's beach facility from views from the coastline to the north and south, per condition 4 of Special Management Use Permit No. 439. Othcrs: Tax Clearance OK Per letter of tax clearance from RPT dated 4/13/2007. Shoreline Certification OK, For Resident's Beach Facility, shoreline certification waived by Planning Director, pursuant to Planning Dept. Rule I1 -4-c. Per Planning Director's Letter of 5/8/06 008132 40 Final Plan Approval (TMK: 7-3-009:003) 6/7/07 Page 3 of 5 Structures within 40 foot shoreline setback OK, Walkways are minor structures and exempt, Rule -11-8. Landscaping is a minor activity and exempt; Rule 11-8, Per Planning Director's Letter of 5/8/06 Detailed Drainage Study, review and OK, per Director's letter of 4/27/07, regarding US approval by DPW, US National Park National Park Service review of drainage study, Service, and State DLNR, required plans to and based on prior approvals of drainage study by be submitted prior to Final Plan approval, State DLNR and DPW. per condition no. 28 of SMA permit. Regarding development -generated runoff, OK, per Director's letter of 4/27/07, regarding the drainage study preparation and submittal to prior approval of the drainage study by the DPW. the DPW, prior to the issuance of Final Plan Approval, per condition no. 37 of SMA approval. Conditions: t. Approved parking to be paved strived and appropriate signage installed prior to issuance of the Certificate of Occupancy. 2. Awroved landscaping to be installed and maintained prior to issuance of the Certificate of Occupancy. 3. Apvlicant shall comply with all other applicable laws rules regulations and requirements of Hawaii County. 4. Applicant shall comply with conditions of approval for Special Management Area Use Permit SMA No 439 Use Permit No. 197. and Use Permit No. 198• 5. Landscaping master plan shall be designed and implemented to filter views between the shoreline and plants indigenous to Kona and/or Polynesian introductions per Condition 4 of Special Management Use Permit No. 439, and Planning Department's Rule 17. 6. per Condition 8 of Special Management Use Permit No. 439. 7. The resident's beach facility shall not exceed 8,000 sguare feet in size (enclosed by walls) and the total area 008133 0 1%0 final Plan Approval (TMK: 7-3-009:003) G/7/07 Page 4 of 5 8. No facilities are to be located within 400 feet of the present National Park boundary. per Condition 10-D of Special Management Use Permit No. 439. (A lawn is not considered a facility, under this condition 10-D. VCT Planning Director's Letter of 5/8/06.) 9. The resident's beach facility shall be generally located as shown on the Sept. 25, 2003 Site Plan submitted with the Snecial Management Use Permit application, or farther from the ocean in the same general vicinity, per Condition 10-F of Special Management Use Permit No. 439: (Although a single building was shown in the Sept. 5, 2003 site plan, the current site plan with the current plan with the facility broken down into smaller structures, is essentially in the same location as the Sept.5, 2003 site olan, and flexibility in the exact 10. The specific conditions requiring buffers for the anchialine ponds and historical sites must be followed, Condition 10-1 of Snecial Management Use Permit No. 439. 11. The exterior lighting shall be down -lighted, shielded, and comply with the applicable County of Hawaii lighting ordinance. per condition 24 (a) of Special Management Use Permit No. 439, 12. A Drainage system shall be installed meeting with the approval of the Department of Public Works, per 13. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. Drainage improvements shall be constructed, meeting with the approval of the Department of Public Works, prior to the issuance of a Certificate of Occupancy. per condition 37 of Special Management Use Permit No. 439. 14. Prior to the submittal of construction permits for a non -potable water system the wDliccant shall submit a environmental effects on the anchialine ponds on the property. or in the Kaloko-Honokohau National Park, from the infection of brine from a reverse osmosis system, if one is used for the mroiect, or from the applicant's. withdrawal of non -potable water from wells if that is the source of non -notable water. The Planning Director's review and approval of the non -notable water system study, in consultation with the 15. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval, prior to the issuance of a Certificate of Occupancy. and the applicant shall install a siren on the moiect site meeting with the approval of the Civil Defense Agency, Per Condition 42 of Snecial Management Use Permit No. 439. 16. During construction, best efforts shall be taken to minimize the motential of both fugitive dust and runoff sedimentation, and such best effort measures shall be in compliance with construction industry standards and Practices utilized during construction nroiects of the State of Hawaii, per condition 44 of Special Management Use Permit No. 439. 17. Within the 40 -fool buffer area around the anchialine ponds, no substantial construction shall occur, allowable construction and activities in the 40 -foot buffer zone would be limited to construction of additional other similar low -impact construction, and olantinits that will not result in degradation of the pond; all construction within the 40 -foot buffer will require aomroval of the Planning Director turf or other plantings 008134 O 0 I - Final Plan Approval (TMK: 7-3-009:003) 6,'7/07 Page S of 5 construction" under this condition and similarly the deck area Mauka of the pool and gazebo maybe constructed within the 40 foot buffer, as "low impact construction" Provided that no part of the construction is closer than 20 feet from the pond edge and appropriate measures are taken the ponds during constmction. 18. Appropriate buffers shall be used to prevent soil and construction materials, and agricultural chemicals 19 20. For all of the Kohanaiki resident's beach facility structures and the public restroom area, chemical barriers such as steel mesh or granulated rock. ming Director Date: June 7, 2007 PD 11/99 (MSWord) 008135 0 APPLICATION FOR PLAN APPROVAL:,.",..':.-',...-. COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: KOHANAIKI SHORES, LLC APPLICANT'S SIGNATURE: DATE: ADDRESS: :0 0I .-IRVINE, CA 92614 TELEPHONE NO.: ( 949) 863-1298 APPLICANT'S INTEREST, if not recorded owner: OWNER RECORDED OWNER: OWNER'S SIGNATURE: ADDRESS: TELEPHONE NO.: PROPOSED USE; RESIDENT'S BEACH FACILITY DATE: TAX MAP KEY: (3)7-3-09: 3 16 STREET ADDRESS OF PROPERTY: 73-4676 QUEEN KAAHUMANU HIGHWAY STATE LAND USE DISTRICT: URBAN LAND AREA: 448 Ac. ZONING: CV -Io PURSUANT TO THE ZONING CODE AND THE PLANNflVG DEPARTMENTS RULES OFPRACTICE PROCEDURE. THIS APPLICATION MUST BE ACCOMPANIED BY A SITE PLAN DRAWN TO SCAL. AND FULLY DIMENSIONED BVDICATQVG CLEARLY THE FOLLOW17VG 1NFORMAT10N (1) The location and dimension ofthe building site, 0 The location, size, height, and use ofall existing and proposed structures; (3) A11 yards and open spaces, (41 Location, height, and materialofalffences and walls - (S) The standard ofim rovement and location number, and see ofspaces, arrangements and on -s circulation ofallo streets; streetparking and loading facilities including points ofaccess thereto from 16) 7be location �;eneral nature, and type, and protection orshie lding devices of all exleriorlighting, (1' All proposecllandscaping and planting; U/ All proposed street dedication and improvement; ifany; and (91 Any otherinfonnation required by the director. A certification of clearance (fiom the Director of Finance that the real properly taxes and all otherfees! relating to the sit''ect parcels) have been paid and that there are no outstanding delinquencies) shall accompany this Application. THE PROJECTSHALL COMPLY WITHALL REQUIREMENTS OFPERMITS14PPROVALS CRANTEL THE PLANNING COMMISSION OR COUNTY COUNC2. I'U:01X9(F:I,wp601fomu1. ManApp.hm) I) f!,4r :►ca Ban), Kim Mayor C! COU] DEPARTMENT OF FINANCE -REAL PROPERTY TAX 101 pauahi Street • Suite 4 . Hilo. Hawaii 96720.4679 • Fa (808) 961.8415 Appraisers (808) 961.9354 • Clerical (808) 961.8201 • Callcaions (808) 961-8282 75-5706 Kuakini Highway • Suite 112 . K:ulua-Kana. Hawaii 96740 • Pax (808) 327-3538 Appraisers (809) 327.3542 • Clerical (909) 327-3540 January 29, 2007 REAL PROPERTY TAX CLEARANCE TMK(s): (3) 7-3-009-003 & 016 Kohanaiki Shores, LLC (owner of record) William Takaba Fnance Director Nancy E. Crawford Deputy Dirwor This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) referenced above has/have paid up to and including. December 31, 2006. This clearance was requested by Rutter Development Corporation and issued for this/these parce](s) only. Reference: UZ Lena Muramoto, Tax Clerk REAL PROPERTY TAX DIVISION Hawaii Comity it an Equal Opportunity Provider and Employer 008156 E DAVE EADIE CHIEF E%F.CVTIVE QGFICER By FedEx Chris Yuen, Director Hawaii County Planning Dept. 101 Pauahi Street, Room 103 Hilo, Hawaii 96720-3043. Re: Shores at Kohanaiki January 26, 2007 Special Management Area Use Permit No. 439 Tax Map Key: 7-3-9:3, 16 Plan Approval: Resident's Beach Facility Dear Mr. Yuen: As required by the Zoning Code, all non-residential structures in V, CV, and ML zone shall obtain Plan Approval. Accordingly, this filing seeks approval of our "resident's beach facility." This facility is situated in the southerly and makai area of the project. Reference is made to your letter of May 8, 2006 wherein you reviewed and approved our April 22, 2006 site plan for this area. While this facility must go through this present Plan Approval filing procedure, the May 8 approval was sought early in order to ensure that the basic design objectives for this area were found to be acceptable. Owing to the fact that there are a number of anchialine resources and archeological/cultural constraints in the subject area, and because of the proximity of the facilities to Kaloko-Honokohau National Historic Park and the Pacific Ocean, we elected to design several smaller structures rather than the one large structure originally contemplated for the area. The size and design of the facilities are consistent with the design parameters established in the SMA Permit. In addition to an extensive design package included with this filing, we are including a site plan denoting what refinements we have made since your review of the April 22, 2006 plan. This "blue/red" comparison plan is fairly self-explanatory; however, we have summarized the salient changes below: a. Cart parking has been moved away from the 17'" golf hole to assure greater safety for the residents. b. The event lawn has been reduced in size. c. The swimming pool is now rectangular and is sited further north and further from the ocean. d. The utility/restroom areas have been separated but are still in the same vicinity. The total square footage for this facility is still below the maximums established in your May 8, 2006 approval letter. We believe all of these refinements are an improvement to the design for the area and would hope you will agree. Of course if you have any questions please contact me. Sincerely, Enclosures: May 8, 2006 approval letter Plan Approval design set Blue/red comparison plan cc w/Enc.: Mr. Bennett Mark RUTTER DEVELOPMENT 18012 COWAN • SUITE 200 • IRVINE, CALIFORNIA 92614 • TELEPHONE (949) 963-1298 • FAx (949) 863-9109 �trr Marry Kim ,e Mayor Tounttu of Artfunii PLANNING DEPARTMENT 101 Pauahi Sheet, Suite 3 • Hilo, Hawaii 96720.3063 (808) 961-8288 - FAX (808) 961-8742 May 8, 2006 Mr. Dave Eadie Chief Executive Officer RUTTER DEVELOPMENT 18012 Cowan, Suite 200 Irvine, CA 92614 Dear Mr. Eadie: SUBJECT: SMA USE PERMIT 03-012 SIlORES AT KOHANAIKI TMK: 7-3-009,16 Christopher J. Ynen Dimr w Brad Kurokawa,ASLA LEED® AP Deputy Dimaor This letter is in response to your April 24, 2006 letter asking for approval of a revised site plan for the "residents' beach facility" at Kohanaiki, and transmitting a revised site plan for that facility prepared by Hunsaker and Associates, dated April 21, 2006 (hereafter referred to as the "4/21/06 site plan.") The'4/21/06 site plan shows proposed improvements for the residents' beach facility, along with the final anchialine pond delineations, including 20' and 40' buffer lines, the archaeological preservation sites, and the March 10, 2003 certified shoreline. We have examined the 4/21/06 site plan with respect to the relevant conditions of the Land Use Commission boundary amendment decision and order, Ord. 88-159, SMA Use Permit No. 439, Use Permit No. 197, the "Management Plan for Anchialine Resources at Kohanaiki" dated April 21, 2004, approved by the Planning Director, June 28, 2004, and pertinent statutes, ordinances, and rules. 1. Overall Conformance with SMA Use Permit No. 439 The 4/21/06 site plan differs from the site plan approved with SMA Use Permit No. 439 (the Sept. 5, 2003 site plan) primarily in that the earlier site plan showed a single building for the residents' beach facility, while the current site plan shows llawai'i County is an Equal Oppnnunity Provider and Empinyer. 008158 k3 \J Mr. Dave Eadie Chief Executive Officer RUTTER DEVELOPMENT Page 2 May 8, 2006 it broken into several smaller structures. Condition No. 10 of the SMA permit allows some flexibility in the exact location of the facility, and does not require that it be a single building. We find that the proposed structures and locations are consistent with the SMA Use Permit. It is in essentially the same location as in the Sept. 5, 2003 site plan. Condition No. 8 requires the residents' beach facility to not exceed 8000 fit. Because it was not clear whether this applied to the area under roof or enclosed by walls, we previously accepted that the 8000 112 limit would refer to the area enclosed by walls, provided that the total area under roof not exceed 10,000 fit. Otherwise a very large structure could potentially be built. These limits will be applied to all of the buildings related to the residents' beach facility. Condition No. 10 also prohibits "facilities" closer than 400' from the National Park boundary, except as shown in the Sept. 5, 2003 site plan. The lawn on the 4/21/2006 site plan is closer than 400' to the National Park boundary, but it is not a "facility" under the terms of this condition. The condition was meant to limit visual impact on the National Park. The lawn will not have a visual impact. 2. Shoreline Setback The 4/21/06 site plan shows all building at least 50' from the certified shoreline dated March 10, 2003. The "beach boy hut" and the edge of a swimming pool are shown at 50% other structures are 55' or more from the certified shoreline. Because the shoreline is clearly delineated by beach heliotrope and kiawe trees that are still in place, and there has been no significant change to the shoreline, we will waive the requirement of a new certified shoreline survey for buildings as shown on the 4/21/06 site plan, pursuant to Planning Department Rule 114(c), provided, however, that Plan Approval is obtained no more than one year after the date of this letter. The walkways shown are a "minor structure" under Planning Department Rule 11-8 and exempt from shoreline certification. Landscaping in the vicinity is a "minor activity" under Rule 11-8 and also exempt from further shoreline certification. 3. Proximity of structures and walkways to lbe anchialine ponds. SMA Use Permit Condition No. 57 and sec. 1.2.2 of the Anchialine Resources Management Plan provide further definition of the basic 40' buffer requirement for anchialine ponds at Kohanaiki. The basic requirement in Condition No. 57 is that: 008159 4L • Mr. Dave Eadie f Chief Executive Officer RUTTER DEVELOPMENT Page 3 May 8, 2006 "There shall be a 40' buffer area around the ponds in which no substantial construction may occur. Allowable construction and activities in the buffer zone would be limited to construction of additional ponds, maintenance and restoration activities, construction of retaining walls to prevent fill or other materials from entering the ponds, or to mark pond boundaries, portions of the lateral public access road, cart paths, other similar low -impact construction, and plantings that will not result in degradation to the pond. All construction within the 40' buffer zone will require approval of the Planning Director. Turf or other plantings requiring irrigation and fertilization shall not be placed within 20' of a pond." The site plan shows all structures outside of the 40' pond buffer, except for a comer of a "utility restroom" and a corner of a building near the "residents dining building." These should be relocated slightly (about 4') to be outside the 40' buffer. The various access paths and the bridge located between the "all purpose building' and the swimming pool are hereby approved as "low impact construction" under Condition No. 57. Similarly, the deck area mauka of the pool and gazebo may be constructed within the 40' buffer as shown on the 4/21/06 site plan, as "low impact construction", provided that no part of the construction is closer than 20' from the pond edge, and appropriate measures are taken to protect the ponds during construction. This Ictter also constitutes approval of the relocation of the public pedestrian shoreline trail, as shown at the westerly end of the 4i2l/06 site plan, to an area between the certified shoreline and the anchialine ponds. The developer will be responsible for constructing the new trail. This letter also constitutes approval under the parallel conditions of the Use Permit No. 197. IN 0 Mr. Dave Eadie . Chief Executive Officer RUTTER DEVELOPMENT Page 4 May 8, 2006 a You will still need to apply for and obtain Plan Approval for the detailed plans for these structures. Plan Approval will be done in conformance with this letter and relevant standards. We would appreciate it if you would submit another copy of the 4/21/06 site plan for our Kona office. Sincerely, CHRISTOPHER 1�YUEN Planning Director C1Y:pak N'p%m6(kC'Ims2!Eadie - Kohanaiki site plan approval cc: SMA Section Kona Planning Office 008161 taw i f vel By Facsimile to: (8081961-8742. 2 PP. including cover sheet RUTTER DEVELOPMENT CORPORATION 18012 COWAN, SUITE 200 IRVINE, CA 92614 TEL: (949) 863-1298 . FAX: (949)863-9417 11 SENDER'S E-MAIL:deadie(Mrutterdevelooment.com t I l TO: Chris Yuen 1 FROM: Dave Eadie DATE: February 5, 2007 SUBJECT: Plan Approval Application — Resident's Beach Facility, Comfort Stations, and Sales Campus Enclosed is the latest tax clearance for Kohanaikl. Please note the. date of the clearance — December 31, 2006. The Department of Finance advises that this is the latest tax clearance they can issue until taxes are paid later this month when due. Of course if you have any questions please contact me. X FOR YOUR INFORMATION X FOR YOUR RECORDS X IN ACCORDANCE WITH PLAN APPROVAL FILING. REQUIREMENTS PLEASE HANDLE PLEASE CONTACT ME cc via Fax to: Bennett Mark, 008155 RUTTER DEVELOPMENT CORPORATION 18012 COWAN, SUITE 200 IRVINE, CA 92614 TEL: (949) 863-1298 FAX: (949) 863-9417 SENDER'S E-MAIL:deadie(Mrutterdevelooment.com TO: Chris Yuen Bennett Mark FROM: Dave Eadie DATE: January 26, 2007 SUBJECT: Tax Clearances Gentlemen: We have not included a current tax clearance with the Plan Approval submittals. We were advised by the County Real Property division that current clearances only go through year-end 2006. A new clearance will not be available until March, which will acknowledge we are current by virtue of the second tax installment payment which will be paid on February 20. Please advise us if you wish to have us furnish you a year-end 2006 clearance. X FOR YOUR INFORMATION FOR YOUR RECORDS IN ACCORDANCE WITH YOUR REQUEST PLEASE HANDLE PLEASE CONTACT ME 008162 EXHIBIT C-3 Harry Kim Mayor July 16, 2007 Mr. Dave Eadie Kohanaiki Shores, LLC 18012 Cowan, Suite 200 Irvine, California 92614 Dear Mr. Eadie: County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Paiahi Street, Suite 3 • Hilo. Hawaii 96720 Phone (808) 961.8288 • Fax (808)961-8742 APPLICATION FOR PLAN APPROVAL: Kohanaiki Shores "Golf Course" North Kona, Hawaii TMK: 7-3-009:003 Christopher J. Yuen Director Brad Kurokawa, As1.A, 1FEDTM Deputy Director We have reviewed and approved the plan for the subject proposed project for FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL, dated July 10, 2007, for your file. Please note any conditions of approval included as part of the FINAL PLAN APPROVAL. These conditions must be complied with prior to operation of the project, or as otherwise conditioned. Should you have any questions, please contact Bennett Mark of our West Hawaii Office at 327-3510. Sincerely, Planning Director cc: w/attach West Hawaii Office files TMK 7-3-009:003 JUL 17 2001 Hnwni'i County it an equal Opportunityprnnider and employer _ W__ W_ COUNTY -- COUNTY PLANNING DEPARTMENT FINAL PLAN APPROVAL Kohmmib Shores, LLC July 10, 2007 OCATION: AX MAP KEY: North Kona 7-3-009:003 Approximately 191.22 acre por of 442.251 acre Hole 1 Fairway– Village Commercial, CV -10 and parcel Resort -Hotel, V-1.25 Hole 2 Fairway – Open Hole 3 Fairway – Limited Industrial ML,10, and Open Hole 4 Fairway – Resort -Hotel, V-1.25 and Open Hole 5 Fairway – Resort -Hotel, V-1.25 and Open Hole 6 Fairway – Resort -Hotel, V-1.25 and Open Hole 7 Fairway –Open Hole 8 Fairway –Open Hole 9 Fairway – Village Commercial, CV -10 and Open Hole 10 Fairway– Village Commercial, CV -10 and Resort -Hotel, V-1.25 Hole 11 Fairway – Single Family Residential, RS_ 10, Limited Industrial ML -10 and Open Hole 12 Fairway –Limited Industrial ML, -10, and Open Hole 13 Fairway --open Hole 14 Fairway – Open Hole 15 Fairway–Open Hole 16 Fairway – Open Hole 17 Fairway – Single -Family Residential, RS - 10 and Open Hole 18 Fairway– Village Commercial, CV -10 and Open USE: Shores — "18 Hole Golf Course" Hawaii County is an equal opportunity provider and employer Final Plan Approval (TMK: 7-3-009:003) 7/10/07 Page 2 of 9 As Shown on Plan Front Yard (northeast): Not applicable Side Yard (northwest): Not applicable Side Yard (southeast): Not applicable Rear Yard (makai): Golf envelope and turf limits > 50'0" from Shoreline as shown on ulans. Ht. Not Comments no buildin structures in this no buildin structures in this no building structures in this OK, 40'-0" Shoreline Setback Minimum. Shoreline Certification Waived (Planning Director's 5/81061etter) DK, no building strnet„rPe i, a,: Access to Golf Fairways by golf carts: On golf cart OK, Must comply with the require paths throughout project that connect to future Department of Public Works. met Parking: Not submitted as a part of this application. Off-street parking is required to be in constructed, paved, striped, with required signage, prior to operation of Golf Course. OK, Required Off-street parking for the "Golf Course" is not a part of this submittal. Applicant intends to provide the golf course's required parking in the "Golf Campus" facility. The Plan Approval application for the "Golf Campus" is being processed separately. The 18 -hole golf course requires a minimum of 72 parking spaces. (18 holes x 4 spaces per hole = 72 parking stalls. At least 2/3 must be standard stalls. Of the 72 stalls, 3 handicapped accessible stalls are required; of the 3 handicapped accessible spaces, one must be handicapped van accessible.) The Plans for the required parking for the "Golf Course" must be approved (by Plan Approval or by separate written Planning Dept. approval), installed with required signage, and certified (by the Planning Dept.) that the "as built" parking meets Zoning Code requirements prior to operation of the "Golf Course." Loading and Unloading Space: Not submitted as a OK, None required for "Golf Course." part of this application. OK Final Plan Approval (TMK: 7-3-009:003) 7/10/07 Page 3 of 9 Fencing and Walls: None depicted on plan I OK, None depicted on Dian Landscaping: Golf Course Landscaping Plans prepared by Licensed Professional Architect. Others: Tax Clearance Shoreline Certification OK, Golf Course Complies with Rule No. 17 of the Planning Department's Rules of Practice and Procedure. Per letter of tax clearance from RPT dated 4/13/2007. OK, Waived by Pi!anning Director, pursuant to Planning Dept. Rule 11-4-c. Per Planning Director's Letter of 5/8/06 Detailed Drainage Study, review and OK, per Director's letter of 4/27/07, regarding US approval by DPW, US National Park National Park: Service review of drainage study, Service, and State DLNR, required plans to and based on prior approvals of drainage study be submitted prior to Final Plan approval, by State DLNR and DPW. per condition no. 28 of SMA permit. ,Development -generated runoff, drainage OK, per Director's letter of 4/27/07, regarding the study preparation and submittal to the DPW, prior approval of the drainage study by the DPW. prior to the issuance of Final Plan Approval, per condition no. 37 of SMA approval. Width of golf fairways from center -line of play. Per applicant's plans: At 450 feet from, the back of tees, the width of fairways adjacent to residential areas, measured from the centerline of play, is shown to be greater than 164 feet. At Hole No. 3 Fairway, at 450 feet from back of tee, the width of fairway adjacent to maintenance facility area, measured from centerline of play is shown to be 108 feet. For Hole No. 12 OK, Per applicant's design. Final Plan Approval (TMK: 7-3-009:003) 7/10/07 Page 4 of 9 rairway, at 4.Su feet back from tee, the widt] of fairway adjacent to the Mauka-Makai Public Access Road, as measured from the centerline of play is shown to be 188 feet. For the Fairways for Holes No. 12, No. 13, No. 14, No. 15, No. 16, and No. 17, located adjacent to the Lateral Public Access Road and/or shoreline trail, the radii of landing areas is 120 feet from the holes; and at 300 feet from back of the tees, the width of the fairways, as measured from the centerline of play is shown to be greater than 159 feet. SMA Permit No. 439 Use Permit No. 197 Use Permit No. 198 Conditions: OK, Allows the development of a 500 homes/home sites project, and 18 -hole golf course and golf clubhouse, public coastal park facilities and related improvements. OK, Allows development of an 18 -hole golf course, golf clubhouse, and related improvements within the Resort Hotel (V-1.25), Village Commercial (CV -10), Multi -Family Residential (RM -3), Residential (RS -10), and Open (0) Zoning Districts. X, Allows the development of a major recreational facility (portion of an 18 -hole golf course and related improvements) within the Limited Industrial (ML -10) Zoning District. .+, nia..ri,uc» r137II1371 Dept. approval). installed with required signage and certified (by the Planning Dent) that the as built Parking meets Zoning Code requirements prior to operation of the "Golf Course " Required parking stalls for the golf course shall be paved striped and appropriate signage installed prior to operation of the golf course. The parking stalls for the golf course may be approved as part of the Plan Approval and Certificate of Final Plan Approval (TMK: 7-3-009:003) 7/10/07 Page 5 of Occunancy for the "Golf Campus.' 4. The landscanine for the golf course 33 7. Applicant shall comply with conditions of ant Use Permit No. 197. and Use Permit No. 198 8. Landscaping master plan shall be designed ani 0 K1I in the coastal area near the lateral shoreline access road and trail the landscaping shall rely primarily on 11. The golf holes must be sited so that the mauka-makai and lateral access roadways and shoreline trail are not within the safety zones, per Condition 10-G of Special Management Use Permit No. 439. 12. The specific Conditions reoulrina h11fferC fnr the anrhi.linn .....,.i., ....a 13 14. 15 diesel, solvent, motor oil, hydraulic oil gear oil brake fluid acidic or caustic liquids, antifreeze detergents Anarnnen otr A.11 he -- - _..___-._ n-- __ .. .. _ _ drainage from these concrete floors, if necessary, shall pass through a separator pump before being 16. any spill, per Condition 19 of Special Management Use Permit No 439 17. Equipment wash area shall be set un so that oil and areacv rnn ho .o All employees shall be informed to immediately collect and contain any industrial liquid spills on the concrete4loor and should be informed against discharging or spilling any industrial liquids. Employees shall Final Plan Approval (TMK: 7-3-009:003) 7/10/07 Page 6 of 9 Use Permit No. 439. - - - .aaua oiirenr 19. Barrels for the temporary stora a of used oil or other industrial liquids shall be ke t on a concrete surface. The surface shall be bermed to wevent loss of liquid in the event of spills or leaks. The barrels shall be sealed and kept under shelter from the rain 12er Condition 22 of Special Management Use Permit No. 439. 20. The izolf course shall be developed according to the following, Per condition 24 of Special Management Use Permit No. 439: (a) Exterior lighting shall be down -lighted shielded and comply with the applicable County of Hawaii lighting ordinance (b) Prohibition of night lighting on the golf course for night golf, a ay.vv lL e Operation of maintenance vehicles shall be Prohibited between the hours of 10:00 pm and 6:00 am with the exception of emergency repairs and maintenance during golf toumaments. 21. All yroiect utilities shall be underground, Per Condition 25 of Special Management Use Permit No. 439. 22. A Drainage system shall be installed meeting with the approval of the Department of Public Works per Condition 28 of Special Management Use Permit No 439 A. All development -generated runoff shall be disposed of on-site and shall not be directed toward any ad'scent Properties, Per condition 37 of Special Management Use Permit No 439 24. Applicant shall use best efforts to obtain a non -potable water source for golf course and landscaping irrigation, rather that use high quality well water, per condition 40 of Special Management Use Permit No 439. 25; Prior to the submittal of construction permits for a non -potable water system, the apPlicant shall submit a study of the non -potable water system that demonstrates that there will be no significant negative environmental effects on the anchialine Ponds on the property,or in the Kaloko-Honokohau National Paz from the injection of brine from a reverse osmosis system if one is used for the project or from the applicants withdrawal of non -potable water from wells if that is the source of non Potable water The Planning Directors review and approval of the non -potable water system study in consultation with the National Park- is rernnre 1 tt o . ,. _ _a __-_ _ _ _ -- _ _ per Condition 41 of Special Management Use Permit No 439 26. An Emergencv RecnnncP Pin„ chnll ho n..t....:..eA .,-_ r 42 of Special Management Use Permit No 439 27. Dunne construction hest effnrtc chon he #. &-- +- ..._- ...... u,uusu scan practices utilized during construction Proiects of the State of Hawaii per condition 44 of Special Management Use Permit No 439 Applicant shall comply with the interim and final preservation Plans approved by the State Historic Preservahnn Nuic,nn h t 1 i Final Plan Approval (TMK: 7-3-009:003) 7/10/07 Page 7 of 9 w„wuw, ti, u, ooccla, inanagemen[ use rerml[ 1Vo 439 29. Applicant shall comPly with the Burial Treatment Plan from the Hawaii Island Burial Council and shall archaeological studies shall be treated as known burial sites All known burials are to be preserved in place 11..1 e....U.. IU- L --------- i_I_-I r,-- '-I ^_. 1 .. .... 30. Within the 40 -foot buffer area around the anchialine Ponds no substantial construction shall occur 31 32. 33. Within the golf course area, routine pond maintenance and enforcement will be the responsibility of the 34. 35. 36. 37. N .a,... V, ,„� 5V„ �UUJJV J,lal, ue in compnance wun me lUUMY The IGCMP shall contain specific best Final Plan Approval (TMK: 7-3-009:003) 7/10/07 Page 8 of 9 management practices (BMP's) for the golf course Per Condition 68 of Special Management Use Permit No. 439. 38. The goals of the IGCMP, per Condition 69 of Special Management Use Permit No 439 will be to A. minimize the offsite transport of nutrients sediments herbicides and pesticides,• B. minimize the use of fertilizers, herbicides, and pesticides through integrated pest management fertility testing, and proper course design, C. implement surface and groundwater conservation; D. to operate safely considering the public usage in the vicinity E.rp event any harm to native biota in anchialine ponds and to the shoreline and offshore environment. 39. The IGCMP. per Condition 70 of Special Management Use Permit No 439 shall contain at a minimum the following requirements, A. The golf course shall be designed so that surface drainage is not directed into anchialine ponds or the ocean, , B. Fairways, greens and tees shall be sited on a base of medium textured soils with adequate exchange capacity to hold nutrients Soil permeability shall be between 0.2 to 0.6 inches/hour C. In the area within 500 feet of the shoreline the turf area shall be limited to the fauwa s ens and tees, to reduce the areas that must be irrigated and fertilized D. Fairway turf shall be Seashore Paspalum or an equivalent grass that is tolerant to brackish water irrigation, and hardy in hot coastal environments - E. Exposed soil areas shall be minimized during construction Planting of grassed areas shall follow the installation of topsoil as soon as possible. The contractor shall apply dust screens temporary soil covers and silt fences as needed. All exposed soil shall drain to a sediment trapl)ing device• F. Operator shall develop and implement an integrated Pest management plan with the intent of minimizing use of herbicides and nesticides The operator shall first attempt to control weeds and pests by biological or cultural (non -chemical) means and utilize chemical controls only after cultural means have Proven infeasible. The operator shall use the least toxic chemical control at the lowest effective dosage, and shall use spot application wherever feasible. Pesticides and herbicides shall be sprayed at the lowest possible height and only when wind speeds are under 10 mph. Chloropynfos shall not be used. The integrated pest management plans shall be reviewed by an IPM certified specialist• G. A qualified golf course superintendent shall control the fertilization and use of agricultural chemicals; H. All fertilizers, pesticides, and herbicides, shall be stored in a covered maintenance area designed to contain any spill with structural barriers• I. Fertilization shall be based on actUaLplant needs as detemiined by leaf testing or other objective method,• J. Fertilizers shall be "slow-release" to the extent feasible; K. Equipment wash area shall be set tip so that oil and grease can be removed before it enters the storm drainage system: L. Operator shall control the timing of irrigation to follow actual plant needs rather than on a set Final Plan Approval (TMK: 7-3-009:003) 7/10/07 Page 9 of 9 schedule: i M. Grass clippings shall be used as a mulch or soil amendment, N. Greens and tees within 1,000 feet of the shoreline shall have a lining system to reduce potential leaching of nutrients and agricultural chemicals 40. Applicant shall allow play on the golf course by the general public a minimum of one day per week ver Condition 73 of Special Management Use Permit No 439 Date: July 10, 2007 PD 11/99 (MSWord) APPLICATION FOR PLAN APPPOVAL COUNTY OF HAWAII r •i PLANNING DEPARTMENT APPLICANT: KOHANAIKI SHORES, LLC APPLICANT'S SIGNATURE: ADDRESS: 18012 Cowan, Suite 200, TELEPHONENO.: (949) 863-1298 APPLICANT'S INTEREST, if not recorded owner: RECORDED OWNER: OWNER'S SIGNATURE: ADDRESS: TELEPHONE NO: PROPOSED USE: TAX MAP KEY KOHANAIKI SHORES, LLC 12 Cowan, Suite 200 (949) 863-1298 SIT _DATE: 7-20-06 Irvine, CA 92614 Owner DATE: 7-20-0. Irvine, CA 92614 Golf Course, Major Recreation Facilit (3) 7-3-09: 3,16 STREET ADDRESS OF PROPERTY: 73-4676 queen Kaahumanu Highway STATE LAND USE DISTRICT: Urban LAND AREA: 448 __q ZONING: Open, v-1.25, ML -10 PURSUANT TO THE ZONING CODE AND THE PLANNING DEPARTMENT S RULES OFPRACTICEAND PROCEDURE. THISAPPLICATIONMUST BEACCOMPANIED BYA SITE PLAN ES OFPRACTICE AND FULLYD/MENSIONED INDICATING CLFURLYTHE FOLLOWING INFORWDR4WN TO SCALE N (1) The location and dimension of the building site, (1) The location, size, height, and use of all existing and proposed structures; (3) 11 rds nd ens ace (� �o�iron, �refgt anc�marial of all fences and walls - () The standard of improvement and location, number, and size of spaces, arrangements and on-site circulation of all off-street parking and loading facilities including points of access thereto from adjoining streets; (6) 7 locatio a ral nature a d Wtyy e, and protection or shielding devices of all exterior lighting; (1 A propose l nc scaprng ana p{rantf 1 All ro7osed street dedication and improvement, if arty; and O Any other information required by the director. A certification of clearance (rrom the Director of Finance that the real property taxes and all other fees! elating to the subject parte (s) have been paid and that there are no outstanding delinquencies) shall _fccompafry this Application. THE PROJECT SHALL COMPLY WITHALL REppUIREMENTS OF PERMITSIAPPROVALS GRANTED BY THE PLANNING COMMISSION OR COUNTY C bUNCIL. PD:01/99(F! kwP60\forms\pd\ PlanA pp. frm) L-03 JUL 24 19;� 7 17 APPLICANT: KOHANAIKI SHORES, LLC APPLICANT'S SIGNATURE: ADDRESS: 18012 Cowan, Suite 200, TELEPHONENO.: (949) 863-1298 APPLICANT'S INTEREST, if not recorded owner: RECORDED OWNER: OWNER'S SIGNATURE: ADDRESS: TELEPHONE NO: PROPOSED USE: TAX MAP KEY KOHANAIKI SHORES, LLC 12 Cowan, Suite 200 (949) 863-1298 SIT _DATE: 7-20-06 Irvine, CA 92614 Owner DATE: 7-20-0. Irvine, CA 92614 Golf Course, Major Recreation Facilit (3) 7-3-09: 3,16 STREET ADDRESS OF PROPERTY: 73-4676 queen Kaahumanu Highway STATE LAND USE DISTRICT: Urban LAND AREA: 448 __q ZONING: Open, v-1.25, ML -10 PURSUANT TO THE ZONING CODE AND THE PLANNING DEPARTMENT S RULES OFPRACTICEAND PROCEDURE. THISAPPLICATIONMUST BEACCOMPANIED BYA SITE PLAN ES OFPRACTICE AND FULLYD/MENSIONED INDICATING CLFURLYTHE FOLLOWING INFORWDR4WN TO SCALE N (1) The location and dimension of the building site, (1) The location, size, height, and use of all existing and proposed structures; (3) 11 rds nd ens ace (� �o�iron, �refgt anc�marial of all fences and walls - () The standard of improvement and location, number, and size of spaces, arrangements and on-site circulation of all off-street parking and loading facilities including points of access thereto from adjoining streets; (6) 7 locatio a ral nature a d Wtyy e, and protection or shielding devices of all exterior lighting; (1 A propose l nc scaprng ana p{rantf 1 All ro7osed street dedication and improvement, if arty; and O Any other information required by the director. A certification of clearance (rrom the Director of Finance that the real property taxes and all other fees! elating to the subject parte (s) have been paid and that there are no outstanding delinquencies) shall _fccompafry this Application. THE PROJECT SHALL COMPLY WITHALL REppUIREMENTS OF PERMITSIAPPROVALS GRANTED BY THE PLANNING COMMISSION OR COUNTY C bUNCIL. PD:01/99(F! kwP60\forms\pd\ PlanA pp. frm) Harry Kim Mayor 0 /0 County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX 101 Puuahl Street a Suite 4 • Hilo. Hawaii 96720.4679 s Fax (BUB) 961-8415 1 Appraisen(809) 961-8334 • Clerical (808) 961-8201 a CoUcclions(908) 961-8282 75-3706 Kuakini Highway a Suite 112 • Kailus-Kon4. Hawaii 96740 • Fax (808) 327-3539 Appraisers (908) 327-3342 a Clerical 1808) 327-3340 April 13, 2007 REAL PROPERTY TAX CLEARANCE TMK(s): (3) 7-3-009-003 & 016 Kohanaiki Shores, LLC (owner of record) William Takaba Finance Director Nancy E. Crawford Deputy Director Apr, 16 TUU: This is to certify that the real property taxes due to the County of Hawaii on the parce](s) referenced above has/have paid up to and including June 30, 2007. This clearance was requested by Rutter Development Corporation and issued for this/these parcel(s) only. Reference: By Lena Muramoto, Tax Clerk REAL PROPERTY TAX DIVISION Hawaii County is an Equal Op porruniry Provider and Employer 008171 E DAVE EADIE 1/ C.W, E.ecmrvt O„f iC,• Via FedEx Chris Yuen, Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Re: Shores at Kohanaiki July 20, 2006 Dear Mr. Yuen: Enclosed is an application for Plan Approval for the Kohanaiki Golf Course, designed by Rees Jones, Inc. golf course architects. This plan substantially conforms with the golf course layout denoted in the SMA/Use Permits for the subject property. This is being submitted in accordance with County Code requirements. A subsequent Plan Approval application for all vertical structures within the golf course (such as the golf course "campus") will be submitted for processing at a point in time when the architectural themes have been completed. The enclosed tax clearance was current through June 30, 2006. The next tax payment is not due until August 20, so we assume that the clearance submitted is sufficient. If not, Please advise us and we will endeavor to have a current clearance furnished. Of course if you have any questions please contact me. Sincerely, Dave Eadie Chief Executive Officer RUTTERDEVELOPMENT 18012 Comm • SUITE 200 • IRVINE, CALIFORNIA 92814 • TELEPHONE (849) 863-1288 • F" (849) 863-9109•. 007403 0 APPLICATION FOR PLAN APPROVAL COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: APPLICANT'S SIGNATURE: KI SHORES, LLC DATE: 7-20-06 ADDRESS: 18012 Cowan, Suite 200, Irvine, CA 9261 TELEPHONENO.: (949) 863-1298 APPLICANT'S INTEREST, if not recorded owner: Owner RECORDED OWNER: KOHANAIKI SHORES, LLC OWNER'S SIGNATURE: DATE: 7_po_oe . ADDRESS: 18012 Cowan, Suite 200, Irvine, CA 92614 TELEPHONE NO.: (949) 863-1298 PROPOSED USE: TAX MAP KEY Golf Course, Major Recreation Facilit (3) 7-3-09: 3,16 STREE-r ADDRESS OF PROPERTY: 73-4676 queen Kaahumanu Highway S'rATELAND USE DISTRICT: Urban LANDAREA: 448 Acres ZONING: Open, V-1.25, ML -10 PURSUANT TO THE ZONING CODE AND THE PLANNING DEPARTMENT'S RULES OF PRACTICE AND PROCEDURE. THIS APPLICATION MUST BE ACCOMPANIED BYA SITE PLAN, DRAWN TO SCALE AND FULLY DIMENSIONED INDICATING CLEARLY THE FOLLOWING INFORMATION (1) The location and dimension of the building site, (2) The location, size, height, and use of all existing and proposed structures; (41 11 v rds nd en s ace i61eva on, Veetgif ansf maislrial of all fences and walls - (S) The standard of improvement and location, number, and size of spaces, arrangements and on-site circulation of all off-street parking and loading facilities including points ofaccess thereto from adjoining streets; (h) 7 locatio , e ral pature o d t/�� a and prosection or shielding devices of all exterior lighting; (7 A propose l�n scaptng anAplantf�ig; (BI All pro .ced street dedication and improvement, if arty; and (9) Arty other information required by the director. A certification of clearance (from the Director olFinance that the real property taxes and all other fees! relating to the subject parcel(s) have been paid and that there are no outstanding delinquencies) shall accompany this Application. THE PROJECT SHALL COMPLY WITH ALL RE UIREMENTS OF PER MITSIA P PR 0 YA L S GRANTED BY THE PLANNING COMMISSION OR COUNTYC�UNCIL. Pn:1111"1 F:kwp6n\rorm,11w1TIVAAMIrm) - 007404 5- 5-05: 1:37PM;OOH V PROP TAX Harry Kim Meyer Coul 0 ;6069818415 0 1/ 1 DEPARTMENT OF FINANCE • REAL PROPERTY TAX 101 Faadb Shaa4 a Sane t a H80. Nawai'1 %71W679 • Fa (808) 961-a413 Appeiam (808) %14M% a ClaW (Me) %1-9201 a ablleetlona (am) 9614292 73.3706 Kaeklni Highway • Suna 112 a Kdla►Kana, Hawd9 96740 a Fera (808) 327-3338 Appmia m (BOB) 327-3342 • Ckaled (BOB) 327-3340 May 8, 2006 REAL PROPERTY TAX CLEARANCE TMK(s): (3) 7-3-009-003-0000 (3)7-3-009-016-0000 This is to certify that KOHANAIKI SHORES, LLC [owner(s) of record] has/have paid all real property taxes due the County of Hawau up to and including June 30, 2006. Reference: By Lena Muramoto, Tax Clerk William Tahba Finn" Dirtm Nancy 1~ Crawfmd REAL PROPERTY TAX DIVISION Hawail County Is an Equal Opportunity Provider and Employer 007405 EXHIBIT C-4 • Harry Kim Mayor • County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961.8288 . Fax(808)961-8742 August 20, 2007 Mr. Dave Eadie Kohanaild Shores, LLC 18012 Cowan, Suite 200 Irvine, California 92614 Dear Mr. Eadie: APPLICATION FOR PLAN APPROVAL: Kohanaild Reverse Osmosis Building Shores at Kohanaiki, North Kona, Hawaii TMK: 7-3-009:003 Christopher J. Yuen . Director Brad Kurokawa, ASLk. LEEDT Deputy Director We have reviewed and approved the plan for the subject proposed project for FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL, dated August 20, 2007, for your file. Please note any conditions of approval included as part of the FINAL PLAN APPROVA.L. These conditions must be complied with prior to certificate of occupancy of the project, .Las otherwise conditioned Should you have any questions, please contact Bennett Mark of our West Hawaii Office at 327-3510. Sincerely, HRISTO�� /�" Planning Director cc: w/attach West Hawaii Office files TMK 7-3-009:003 Reverse Osmosis Bldg. Hawaii County is an equal opportunity provider and employer ?AJG 2 2 2007 COUNTY PLANNING DEPARTMENT FINAL PLAN APPROVAL Kohanaiki Shores, LLC August 20, 2007 OCATION: AX MAP KEY: North Kona 7-3-009:003 Approximately 3,263 sf por of 442.251 acre parcel RM -3, Multiple Family Residential District PROPOSED USE: Kohanaiki Shores — Reverse Osmosis Building As Shown on Plan Comments I Front Yard (northeast): 110'0" to edge of roof. OK, 20' 0"Under RM -3 Zoning. Minimum setback is 110'0" to accommodate 50'0" wide undisturbed buffer of natural lava along Makai side ofMamalahoa Trail and an additional 60' buffer without structures, per condition 35 of S ecial Mana ement Use Permit No. 439. Side Yazd northwest : > 2,500'. O 8' 0". Side Yard southeast : > 2,000' O 8" 0" Rear Yard (makai): > 3,000' OK, 40'-0" Shoreline Setback Minimum. Building setback from future road on makai side of building is over 30', which exceeds the future front yard of 20' subsenuent r 4" to Access road Private road that connects to Queen Off -Street Parking: None shown on plans. Service vehicles are able to park on driveway. Loading and Unloading Space: Not submitted as a L OK, Must comply with the requirements of the Department of Public Works OK, Applicant reports that facility will normally be unmanned. Parking Not Required for unmanned facility. OK, Not required. Not Hawaii County is an equal opportunity provider and employer r Final Plan Approval (TMK: 7-3-009:003) 8/20/07 Page 2 of 6 Fencing and Walls: OK Material: Lava Rock Height: 5' to 8' Location: Along northwest and south portions of Landscaping: Golf Course Landscaping Plans prepared by Licensed Professional Architect Greg Boyer. Others: Tax Clearance Shoreline Certification CI OK, Complies with Rule No. 17 of the Planning Department's Rules of Practice and Procedure. OK, Per of tax clearance from RPT dated 4/13/2007. OK, Waived by Planning Director, pursuant to Planning Dept. Rule 11-4-c. originally Per Planning Director's Letter of 5/8/06, and for this Plan Approval Detailed Drainage Study, review and OK, per Director's letter of 4/27/07, regarding US approval by DPW, US National Park National Park Service review of drainage study, Service, and State DLNR, required plans to and based on prior approvals of drainage study be submitted prior to Final Plan approval, by State DLNR and DPW. per condition no. 28 of SMA permit Development -generated runoff, drainage OK, per Director's letter of 4/27/07, regarding the study preparation and submittal to the DPW, prior approval of the drainage study by the DPW. prior to the issuance of Final Plan Approval, per condition no. 37 of SMA approval Final Plan Approval (TNM: 7-3-009003) 8/20/07 Page 3 of rnor to me submittal of construction permits for a non -potable water system, the applicant was required to submit a study of the non -potable water system that would demonstrate that there will be no significant negative environmental effects on the anchialine ponds on the property, or in the Kaloko-Honokohau National Park, from the injection of brine from a reverse osmosis system, if one is used for the project, or from the applicant's withdrawal of non - potable water from wells, if that is the source of non -potable water. The Planning Director's review and approval of the non - potable water system study, in consultation with the National Park, is required prior to the issuance of any construction permits for the non -potable water system, per Condition 41 of SMA approval. SMA Permit No. 439 Use Permit No. 197 Use Permit No. 198 0 OK, Condition 41 is satisfied, subject to finther monitoring requirements, per Director's letter of July 20, 2007. See condition no. 18 of this plan approval. OK, Allows the development of a 500 homes/home sites project, and 18 -hole golf course and golf clubhouse, public coastal park facilities and related improvements. OK, Allows development of an 18 -hole golf course, golf clubhouse, and related improvements within the Resort Hotel (V-1.25), Village Commercial (CV -10), Multi -Family Residential (RM -3), Residential (RS -10), and Open (0) Zoning Districts. )K, Allows the development of a major recreational facility (portion of an 18 -hole golf course and related improvements) within the Limited Industrial (ML -10) Zoning District. Final Plan Approval (TMK: 7-3-009:003) 8/20/07 Page 4 of 6 Conditions: 1. The landscgping landscapingshall be installed according to submitted plans, 13rior to certificate of occu anc of the reverse osmosis building. 2. Irrigation system for the reverse osmosis building shall be installed and operating prior to certificate of occupancy for the reverse osmosis building. 3. Applicant shall comply with all other applicable laws rules regulations and requirements of Hawai i County, 4. A licant shall cpmklv with conditions of a roval for S ecial Management Area Use Permit SMA No. 439 Use Permit No. 197 and Use Permit No. 198. 5. Landscaping master plan.shall be designed and implemented to filter views between the shoreline and residential areas and of the resident's beach facility from views from the coastline to the north and south- and in the coastal area near the lateral shoreline access road and trail the landscaving shall rely primarilyon plants indigenous to Kona and/or Polynesian introductions per Condition 4 of Special Management Use Permit No. 439. and Planning Departments Rule 17 6. The proiect and any minor modifications to the proiect- must be developed in a way that retains the views from the Oueen Kaahumanu Highway toward the sea that were identified by th__e _applicants sightiine study, and are to remain o enper Condition 10-K of Special Management Use Permit No. 439. All cleaning. repairs and maintenance of a ui ment involvinthe use of industrial li uids such as oline diesel, solvent. motor oil hydraulic oil, gear oil brake fluid, acidic or caustic liquids antifreeze detergents, de asers etc. shall be conducted on a concrete floor whether roofed or unroofed. The concrete floor shall be constructed to contain any dri s or Mills and to proZe for the recovery of any spilled li uid. Water drainage from these concrete floors, ifnecessary shall nass through a separator pump before being discharged. per Condition 18 of Special Management Use Permit No 439 8. All fertilizers esticides and herbicides shall be stored in a covered maintenance area designed to contain My spill, per Condition 19 of Special Management Use Permit No 439 9. Equipment wash area shall be set up so that oil and grease can be removed per Condition 20 of Special Management Use Permit No 439 10. All employees shall be informed to immediately collect and contain any industrial liquid spills on the concrete floor and should be informed against discharizing or §PjIling any industrial liquids. Employ;, -.s shall be aware to prevent any industrial liquid svills onto bare grou%L Rer Condition 21 of S ecial Mana ement Use Permit No. 439. 11. Barrels for the tm—porary storage of used oil or other industrial li uids shall be k t on a concrete surface. The surface shall be bermed to prevent loss of li uid in the event of spills or leaks. The barrels shall be sealed and trent nnrl r chpitnr fr., +" ..,:...,e_ .. .. _ _ 12. All nroiect utilities shall be underground, per Condition 25 of S ecial Management Use Permit No. 439. ` 13. A Drainage system shall be installed meeting with the royal of the D artment of public Worksper Condition 28 of Special Management Use Permit No 439 14. The applicant shall retain a 50 -foot wide undisturbed buffer of natural lava along the Makai side of the Mamalahoa Trail (measured for the edge of the tffilli and an additional 60 foot buffer without structures unless the Dot. of Land and Natural Resources Historic Preservation DLNR-HPD recommends a wider 0 0 Final Plan Approval (TMK: 7-3-009:003) 8/20/07 Page 5 of 6 buffer in the Preservation Plan, per condition 35 of Special Manaeement Use Permit No 439 15. The Mamalahoa Trail shall not be breached except where crossed by the access road without Permission of the State of Hawaii, per condition 36 of Snecial Management Use Permit No 439 16. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adiacent properties, per condition 37 of Special Management Use Permit No 439 17. Applicant shall use best efforts to obtain a non -potable water source for golf course and landscaping irrigation, rather that use high quality well water per condition 40 of Special Management Use Permit No 439. 18. Prior to the submittal of construction nemtit4 fnr a nnn_nntnml environmental effects on the anchialine Ponds on the p=91Mor in the Kaloko-Honokohau National Park from the iniection of brine from a reverse osmosis system if one is used for the proigg or from the applicants withdrawal of non -potable water from wells if that is the source of non potable water. The Planning Directors review and approval of the non -potable water system study, in consultation with the AT_a --._t n_ -I- 5_—_.._� A____._.t_ °______ r J 3iYLl\ l of July 20, 2007 with the following conditions: A. The applicant shall establish monitoring wells along or near the border with the National Park to monitor water guality changes, including salinity, Thea licant has been in discussions with the National Park on this issue. If parties cannot agree the Planning Director in consultation with the applicant and NPS, shall determine the location and extent of monitoring B. The applicant will follow the puma test requirements and monitoring imposes by the Commission on Water Resources Management. C. The applicant will continue the anchialine pond management program already required by the SMA permit, including monitoring of salinity levels in anchialine ponds If not already required - the applicant shall monitor salinity during consistent tide conditions so that the extent of changes can be determined. D. The applicant and successors will participate in any meetings on the groundwater withdrawaVlens water issue involving other landowners and NPS 19. An Emergency Response Plan shall be submitted to the Civil Defense Agency for rojew and approval prior to issuance of certificate of occupancy, for any structure related to the operation of the golf course Applicant shall install a siren on the protect site meeting with the approval of the Civil Defense Agency. per Condition 42 of Special Management Use Permit No. 439 20. During construction, best efforts shall be taken to minimize the potential of both fugitive dust and runoff sedimentation and such best effort measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii per condition 44 of S ecial Management Use Permit No. 439. 21. Antilicant shall comrilvwith the interim and final nreservatinn i�„� ...e,, ...1 _ ..• . Specified interim and final preservation buffers. Applicant shall comply with the interim preservation plan including fencing of preservation sites that may be affected by construction All sites identified for Final Plan Approval (TMK: 7-3-009:003) 8/20/07 Page 6 of 6 reservation on the SHPD-approved list shall be reserved. "Data recovery sites" shall be preserved. Per condition 47 of Special Management Use Permit No 439 22. Applicant shall comply with the Burial Treatment Plan from the Hawaii Island Burial Council and shall implement the Burial Treatment Plan prior to any land disturbing activities on the r)EMerty. excgpt for those that may be approved with an interim buffer around known buffers as determined by the Planning Director it consultation with the State Historic Preservation Division. All sites with burial features as identified in the archaeolostical studies shall be treated as known burial sites. All known burials are to be preserved in Mace, unless authorized by the Hawaii Island Burial Council. Per condition 52 of S ecial Management Use Permit No. 439. 23. Within the 40 -foot buffer area around the anchialine ponds no substantial construction shall occur allowable construction and activities in the 40 -foot buffer zone would be limited to construction of additional onds maintenance and restoration activities construction of retaining walls to prevent fill or other materials from entering the ponds, or to mark pond boundaries rtion of the lateral public access road cart paths, other similar low -impact construction andl)lantings that will not result in dedation of the ond• all construction within the 40 -foot buffer will uire a val of the PlanningDirector, turf or other plantings requiring irrimation and fertilization shall not be placed within 20 feet of a t3oncL, Per Condition 57 of Special Management Use Permit No 439 '4. Appropriate buffers shall be used to prevent soil and construction materials and agricultural chemicals fertilizers herbicides andpesticides) from entering the ponds er Condition 57 of S ecial Management Use Permit No. 439. 25. All anchialine nonds on the mmnerty ghnn ha must be r laced by artificially created ponds at least twice in area under the direction of the Pond manager, and any a licable CgMs of Engineer permits must be obigined, Ver Condition 60 of Special Management Use Permit No. 439. 26. Any significant decline in ocean or anchialine pond water quality shall be immediately reportecL in writing* ritin to the Planning Director. per Condition 63 of Special Management Use Permit No 439 Date: August 20, 2007 PD 11/99 (MSWord) �I;�iylylitiG DEPART -MEN • -- Counry Of Hawaii 75-5706 Kuakini Hwy. #1f, APPLICATION FOR PLAN AP PRO VALXaiiva-Kona. HI 96740 COUNTY OF HAWAII RECEIVED APR 16 Zog PLANNING DEPARTMENT APPLICANT: KOHANAIKI SHORES, LLC APPLICANT'S SIGNATURE: DATE: ADDRESS: 18012 Cowan, Suite 200, Irvine. CA 92614 TELEPHONE NO.: (949) 863-1298 APPLICANT'S INTEREST, if not recorded owner: OWNER 1 ' I W,521513 ,521 OWNER'S ADDRESS: SAME AS,APPLICANT TELEPHONE NO PROPOSED USE; REVERSE OSMOSIS BUILDING TAX MAP KEY: (3)7-3-09: 3,16 STREET ADDRESS OF PROPERTY: 73-4616 QUEEN KAAHUMANU HIGHWAY STATE LAND USE DISTRICT• URBAN LAND AREA: 448 Ac. ZONING: RM -3 PURSUANT TO THE ZONING CODE AND THE PLANNING DEPARTMENT'S RULES OFPRACTICE PROCEDURE. THIS APPLICATION MUST BE ACCOMPANIED BY A SITE PLAN DRAWN TO SCAL AND FULLY DIMENSIONED INDICATING CLEARLY THE FOLLOWING INFORAIA' TION p,f The location and dimension of the building site, 14) The location, 'size, height, and use of all existing and proposed structures; 1 J All yards and open aces, Location, height, an material ofall fences and wags - () The stands o/imrovementand location, number, and size ofspaces, arrangements and on -s circulation of a%1 o -street parking and loading facilities including points of access thereto from ad' j7oining sheets; (6) 76e locationenerol nature, and type, and protection or shielding devices of all exterior lighting, J7 All proposec>✓�ndscaping and planting; ( All proposed street dedication and improvement, ifany; and J J Any other infonnation required by the director. A certification of clearance &m the Director or Finance thatthe real property taxes and all otherfees! relating to the subl'ectparcell(s) have been paid and that there are no outstanding delinquencies) shall accompany this Application. THE PROJECT SHALL COMPLY WITHALL REQUIREMENTS OF PERMITS/APPROVALS GRANTED THE PLANNLVG COMU SSION OR COUNTY C UNcm PD:01N9(F:Awp60kb mnlpffhnAPP•m) 027^9f. EXHIBIT C-5 E Harry Kim Maven V of y�4 • i• a'w�+ County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street. Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808)961-8742 September 14, 2007 Mr. Dave Eadie Kohanaiki Shores, LLC 18012 Cowan, Suite 200 Irvine, California 92614 Dear Mr. Eadie: Christopher.i. Yuen Di, & i"r Brad Kurokawa, ASLA. LEEDS'' At DepunDhe(vor APPLICATION FOR PLAN APPROVAL: Kohanaiki Maintenance Facility Buildings Shores at Kohanaiki, North Kona, Hawaii TMK: 7-3-009:003 We have reviewed and approved the plan for the subject proposed project for FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL, dated September 14, 2007, for your file. . Please note any conditions of approval included as part of the FINAL PLAN APPROVAL. These conditions must be complied with prior to certificate of occupancy of the project, or as otherwise conditioned. Should you have any questions, please contact Bennett Mark of our West Hawaii Office at 327-3510. Sincerely, S ��G �f,�� .� <r bPH�UEN f Planning Director cc: w/attach West Hawaii Office files TMK 7-3-009:003 Maintenance Facilities Bldgs Nmrni'i Conner i.s (m rryunl opponuuih prnrklrr and <-nq�lorrr . �1. 1= Y ''i!r'� i COUNTY PLANNING DEPARTMENT FINAL PLAN APPROVAL PPLICANT: Comments DATE APPROVED: Kohanaiki Shores, LLC September 14, 2007 OCATION: 50'0" wide undisturbed buffer of natural lava TAX MAP KEY: North Kona 7-3-009:003 PARCEL AREA: condition 35 of Special Management Use ONE: Approximately 2.4 acres por of 442.251 acre parcel ML -10, Limited Industrial District PROPOSED USE: which exceeds the future front yard of 15'. Side Yard (northwest): > 85'. Kohanaiki Shores — Maintenance Facility Buildings – includes Admin. Bldg., Environmental Bldg„ 2 Equip Storage Bldgs., Pump Sta. Bldg., Fuel & Wash Sta. Bldg. As Shown on Plan Comments Front Yard (northeast): 135'0" OK, 15' 0" Under ML -10 Zoning. Minimum setback is 110'0" to accommodate 50'0" wide undisturbed buffer of natural lava along Makai side of Mamalahoa Trail and an additional 60' buffer without structures, per condition 35 of Special Management Use Permit No. 439. Building setback from future road is over 60'., which exceeds the future front yard of 15'. Side Yard (northwest): > 85'. OK, 0' 0" Building setback from future road on northwest side of building is over 85', which exceeds the future front yard of 15' Side Yard (southeast): > 3,000' OK, 0" 0" Rear Yard (makai): > 3,000' OK, 40'-0" Shoreline Setback Minimum. Ht. of Structures: 21' 10" to top of roof ridge OK, maximum 45'0". A• s road. Private road that connects to Queen OK, Must comply with the requirements of the Kaahumanu Highway. De artment of Public Works. Hawaii Cowi(v ivan equal opporamit. prot,ider and employer 0 r d Plan Approval (TMK: T-3-009:003) Maintenance Facilities Buildings 9/14/07 Page 2 of 7 Off -Street Parking: 87 standard parking and 4 ADA OK, Maintenance Admin. Bldg 3,370 sq. ft. handicapped parking provided. Of the 4 Environmental. Bldg. 2.070 so. ft. ADA handicapped parking, I is an ADA van Office Bldg subtotal = 5,440 sq. ft. accessible handicapped parking. Loading and Unloading Space: One 12'x 50' loading stall and One 10 'x 22' loading stall provided: Walls: None shown on Equip. Storage Bldg. (small). 1,800 sq. ft. Equip. Storage Bldg. (large) 9.208 sg. ft Storage Bldg subtotal = 11,008 sq. ft. Pump Station Bldg. 315 sq: ft. Fuel & Wash Sta, Bldg. 1.810 sq. ft Industrial Bldgs subtotal = 2,125 sq. ft Total Parking Required = (5440/300 = 18.13 spaces) + (11,008/1,000 = II.01spaces) + (2,125/400 = 5.31 spaces) = 35 spaces reqd. OK, Total of two(2) loading stalls required: One 12'x 50' stall, and One 10' x 22' loading stall Lei14 Not Landscaping: Golf Course Landscaping Plans OK, Complies with Rule No. 17 of the Planning prepared by Licensed Professional Architect Greg Department's Rules of Practice and Procedure. Boyer. Others: Tax Clearance OK, Per letter of tax clearance from RPT dated 9/13/07 • -41 Plan,Approval (TMK: 7-3-009:003) ...dintenance Facilities Buildings 9/14/07 Page 3 of 7 anorerme k-ertrrrcatron Detailed Drainage Study, review and approval by DPW, US National Park Service, and State DLNR, required plans to be submitted prior to Final Plan approval, per condition no. 28 of SMA permit. is OK, Waived by Planning Director, pursuant to Planning Dept. Rule 1 I -4-c. originally Per Planning Director's Letter of 5/8/06, and for this Plan Approval OK, per Director's letter of 4/27/07, regarding US National Park Service review of drainage study, and based on prior approvals of drainage study by State DLNR and DPW. Development -generated runoff, drainage OK, per Director's letter of 4/27/07, regarding the study preparation and submittal to the DPW, prior approval of the drainage study by the DPW. prior to the issuance of Final Plan Approval, per condition no. 37 of SMA approval. Prior to the submittal of construction permits for a non -potable water system, the applicant was required to submit a study of the non -potable water system that would demonstrate that there will be no significant negative environmental effects on the anchialine ponds on the property, or in the Kaloko-Honokohau National Park, from the injection of brine from a reverse osmosis system, if one is used for the project, or from the applicant's withdrawal of non - potable water from wells, if that is the source of non -potable water. The Planning Director's review and approval of the non - potable water system study, in consultation with the National Park, is required prior to the issuance of any construction permits for the non -potable water system, per Condition 41 of SMA approval. OK, Condition 41 is satisfied, subject to further monitoring requirements, per Director's letter of July 20, 2007. See condition no. 18 of this plan approval. J Plan Approval (TMK: 7-3-009:003) maintenance Facilities Buildings 9/14/07 Page 4 of 7 SMA Permit No. 439 FAde ws the development of a 500 homes/home project, and 18 -hole golf course and golf ouse, public coastal park facilities and d improvements. Use Permit No. 197 s development of an 18 -hole golf course, lubhouse, and related improvements within sort Hotel (V-1.25), Village Commercial 0), Multi -Family Residential (RM -3), ntial (RS -10), and Open (0) Zoning ts. Use Permit No. 198 OK, Allows the development of a major recreational facility (portion of an 18 -hole golf course and related improvements) within the Limited Industrial (ML -10) Zoning District. Conditions: I. The landscaping shall be installed according to si maintenance facility buildings 2. Irrigation system for the maintenance facility buil occupancy for the maintenance facility buildings 3. Applicant shall comply with all other applicable I County. 4. Applicant shall comply with conditions of approy Use Permit No. 197 and Use Permit No. 198. 5. Landscaning master ntan h. A :,.__a - ___ Permit No. 439, and Planning Department's Rule 17 6. The nrniert_ and any - -- --- --.. - •� ••.- ...-- , — -- wcic wentlnea py trie applicant' are to remain open Per Condition 10-K of Special Management Use Permit No 439 7. , d cleaning. �enauc an 1 roainrc.e a ..._---- .d Plan Approval (TMK: 7-3-009:003) Maintenance Facilities Buildings 9/14/07 Page 5 of 7 diesel, solvent, motor oil. hydraulic oil, gear oil, brake fluid acidic or caustic liquids antifreeze detergents degreasers. etc., shall be conducted on a concrete floor, whether roofed or unroofed The concrete floor shall be constructed to contain any dans or spills and to provide for the recovery of any spilled liquid. Water drainage from these concrete floors, if necessary, shall pass through a separator pump before being discharged. per Condition 18 of Snectal Management Use Permit No 439 8. All fertilizers, pesticides, and herbicides shall be stored in a covered maintenance area designed to contain any spill, per Condition 19 of Special Management Use Permit No 439 9. Equipment wash area shall be set up so that oil and grease can be removed per Condition 20 of Special Management Use Permit No 439 10. All emnlovees shall be informed to immed;aretvrnnPrt �� a .: :_,.._.�_� be aware to prevent any industrial liquid spills onto bare ground. per Condition 21 of Special Management Use Permit No. 439. 11. Barrels for the temporary storage of used oil or other industrial liquids shall be kept on a concrete surface The surface shall be bermed to prevent loss of liquid in the event of spills or leaks The barrels shall be sealed and kept under shelter from the rain Der Condition 22 of Special Management Use Permit No 439 All protect utilities shall be underground per Condition 25 of Special Management Use Permit No 439 1,. .i Drainage system shall be installed meeting with the approval of the Department of Public Works per Condition 28 of Special Management Use Permit No 439 14. The applicant shall retain a 50 -foot wide undisturbed buffer of natural lava along the Makai side of the Mamalahoa Trail measured for the edge of the trail and an additional 60 -foot buffer without structures unless the Dept. of Land and Natural Resources Historic Preservation (DLNR HPD) recommends a wider buffer in the Preservation Plan, per condition 35 of Special Management Use Permit No 439 15. The Mamalahoa Trail shall not be breached except where crossed by the access road without permission of tha Qfofn of Lle....,.. ___ a:...._ oe _e n_-_. _ - 16. 17 IN irrigation, rather that use high quality well water, per condition 40 of Special Management Use Permit No 439. environmental effects on the anchialine ponds on the property or in the Kaloko Honokohau National Park from the iniection of brine from a reverse osmosis system if one is used for the project or from the National Park, is required prior to the issuance of any construction permits for the non potable water system ger Condition 41 of Special Management Use Permit No 439 Condition 41 is satisfied per Directors Letter July 20, 2007 with the following conditions: A. The applicant shall establish monitoring wells along or near the border with the National Park to J d Plan Approval (TMK: 7-3-009:003) Maintenance Facilities Buildings 9/14/07 Page 6 of 7 1] monitor water quality changes including salinity. The applicant has been in discussions with the National Park on this issue. If parties cannot agree the Planning Director, in consultation with the applicant and NPS, shall determine the location and extent of monitoring B. The applicant will follow the pump test requirements and monitoring imposes by the C. can be determined. D. The applicant and successors will participate in any meetings on the groundwater withdrawaUlens water issue involving other landowners and NPS 19. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval prior 42 of Special Management Use Permit No 439 20. During construction, best efforts shall be taken to minimize the potential of both fugitive dust and runoff sedimentation and such best effort measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii per condition 44 of Special Management Use Permit No. 439 21. Applicant shall comply with the interim and final preservation plans approved by the State Historic Preservation Division which includes the sites on State property Mak4j of the certified shoreline and specified interim and final preservation buffers Applicant shall comply with the interim preservation plan including fencing of preservation sites that may be affected by construction All sites identified for preservation on the SHPD-approved list shall be preserved "Data recovery sites" shall be preserved Per condition 47 of Special Mana gment Use Permit No. 439. that may be approved with an interim buffer around known buffers as determined by the Planning Director in consultation with the State Historic Preservation Division All sites with burial features as identified in the archaeological studies shall be treated as known burial sites All known burials are to be preserved in place unless authorized by the Hawaii Island Burial Council Per condition 52 of Special Management Use Permit No. 439. 23. Within the 40 -foot buffer area around the anchialine Ponds, no substantial construction shall occur; allowable construction and activities in the 40 -foot buffer zone would be limited to construction of additional ponds, maintenance and restoration activities construction of retaining walls to prevent fill or other materials from entering the ponds, or to mark pond boundaries portion of the lateral public access road cart paths other similar low -impact construction, and plantings that will not result in degradation of the pond all construction within the 40 -foot buffer will require approval of the Planning Director turf or other plantings luiring irrigation and fertilization shall not be placed within 20 feet of a Pond; per Condition 57 of Special ,Management Use Permit No 439 m Fi. plan Approval (TMK: 7-3-009:003) Maintenance Facilities Buildings 9/14/07 Page 7 of 7 NO E-41 26. 7 r �Yi z a ing Di Date: Septer*iber 14, 2007 PD 11/99 APPLICATION FOR PLAN APPROVAL° . COUNTY OFI-IAWAII PLAEtEIVL�D AJI�1i " PLANNING DEPARTMENT LQU APPLICANT: KOHANAIKI SHORES, LLC APPLICANT'S SIGNATURE: DATE: ADDRESS:_ IRO79 rnuAm_ STF vnn ra �Tur ra o�A,n TELEPHONE NO.: (949) AAz_,,)oo APPLICANTS INTEREST, if not recorded RECORDED OWNER._ OWNER'S SIGNATURE: ADDRESS: TELEPHONE NO PROPOSED US owner: ��,N� MAINTENANCE FACILITY TAX MAP KEY: (3)7-3-0.9: 3,16 STREET ADDRESS OF PROPER DATE: See Description STATE LAND USE DIS TRICT: n a a a N LAND AREA: 4 4 R p r ZONING:_ M1 , „ PURS. THE ZONING CODE PROCEDURE. AND THE PLANNING DEPARTMENT'S RULES OFPRACTIC THE APPLICATION MUST BE ACCOMPANIED BY A SITE PLAN DRAWN TO SCA AND FULLY DIMENSIONED INDICATING CLEARLY THE FOLLOWING NFORMATION (IJ The location and dimension of the building site, (1 The location s¢e, height, and use ofaQexist[ng and proposed structures; (3J Allyards anc opens aces, (1 Location, hergfit, ana�materralofallfences and walls - (J The standardojjrm rovementandllocation number, andsize ofspaces, arrangements and on circulation ofall,4- s reetpgrking and loading facilities including points of access thereto from ad�/o[ning streets; (6) 76e location eneral nature, and type, and protection orshielding devices of all exteriorlightln, Auproposed ndscya .mg and planting; dJ All proposed street dedication and improvement, ifany; and (9) Any other information required by the director. A cerci "cation of clearance (from the Director o(Fbrance that the real proper, taxes and all otherfees•! relating to the sub ect parce7(s) have been paid and that there are no outstanding delinquencies) shall accompany this Alpp[lcation. THE PROJECT SHALL COMPLY WITHALL RE p,UIREMENTS OF PERMITS/APPROVALS GR,AN7'F' TIIE PLANNLVG COMMISSION OR COUNTY CC7UNCIL. Pp:01/99(F:1nvp60% melPdlPIRnApl.ft) EXHIBIT C-6 0 - Harry Kim Muynr County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo. Hawaii 96720 Phone (808)961-8288 • Fax(808)961-8742 Ocotober 22, 2007 Mr. Dave Eadie Kohanaiki Shores, LLC 18012 Cowan, Suite 200 Irvine, California 92614 Dear Mr. Eadie: Christopher J. Yuen Dtrnrror Brad Kurokawa, ASt_A. SEED"', Deputy Dire<vur APPLICATION FOR PLAN APPROVAL: Kohanaiki Irrigation Pump Station Building and Two Comfort Stations Buildings at 6th and 14`h tees Shores at Kohanaiki, North Kona, Hawaii TMK: 7-3-009:003 We have reviewed and approved the plan for the subject proposed project for FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL, dated October 22, 2007, for your file. Please note any conditions of approval included as part of the FINAL PLAN APPROVAL. These conditions must be complied with prior to certificate of occupancy of the project, or as otherwise conditioned. Should you have any questions, please contact Bennett Mark of our West Hawaii Office at 327-3510. Sincerely, cc: w/attach West Hawaii Office tiles: TMK 7-3-009:003 In iH.Pmnp Sta Bldg, & Two Comfort Sta Bldgs Hawaii County is nn equal oppormnipy provider and employer Pump stat iion: I Comfort Station at 6`h tee ^-)mfort Station at 141h tee L > 3,000 tt I None, under Open zoning! > 1,600 ft. 8' under Resort V-1.25 zoning >300 ftI None, under Open zoning,! Hawaii County is an equal opportunity provider and employer COUNTY PLANNING DEPARTMENT FINAL PLAN PLAN i APPROVAL PPLICANT: ATE APPROVED: l Kohanaiki Shores, LLC October 22, 2007 ! OCATION: AX MAP KEY: North Kona 7-3-009:003 PARCEL AREA: I VONE: Approx. 1,100 sf (pump station), Pump station for irrigation; Open Approx. 500 sf (comfort station at 6' tee) and Comfort station at 6' tee, Resort, V-1.25 Approx. 800 sf (comfort station at 14" tee) Comfort station at 14" tee,,Open . porn of 442.251 acre parcel ROPOSED USE:, Kohanaiki Shores - Pump station for irrigation and two (2) comfort stations at Kohanaiki golf course ! As Shown on Plan Comments I ont Yard (northeast): OK Pump station: > 1,300 ft I None, under Open zoning. Comfort Station at 6`h tee > 700 ft. 20' under Resort V-1.25!zoning Comfort Station at 14`h tee >2,800 ft None, under Open zoning. 11 I Minimum setback is 110'0" to accommodate 50'0" wide undisturbed buffer of natural lava along Makai side of Mamalahoa Trail and an additional 60' buffer without structures, per condition 35 of Special Management Use Permit No. 439. Side Yard (northwest): OK, I Pump stat iion: I Comfort Station at 6`h tee ^-)mfort Station at 141h tee L > 3,000 tt I None, under Open zoning! > 1,600 ft. 8' under Resort V-1.25 zoning >300 ftI None, under Open zoning,! Hawaii County is an equal opportunity provider and employer 0- ial Plan Approval (TMK: 7-3-009:003) 10/22/07 Page 2 of 7 Side Yard (southeast): Pump station: > 900 ft Comfort Station at 6`h tee > 2,300 ft. Comfort Station at 14'h tee >4,300 ft Rear Yard (makai): Pump station: Comfort Station at 6`h tee :)mfort Station at 10 tee Ht. of Structures: Pump station: Comfort Station at 6`h tee Comfort Station at 14`h tee 0- OK None, under Open zoning. 8' under Resort V-1.25 zoning None, under Open zoning. OK, > 1,100 ft None, under Open zoning. >2,300 ft. 8' under Resort V-1.25 zoning >600 ft None, under Open zoning. 40'-0" Shoreline Setback Minimum. OK, 15 ft No maximum height, under Open zoning. < 13 ft. 45 ft. maximum height, under Resort V-1.25 zoning <13 ft No maximum height„ under Open zoning. Access road. Private road that connects to Queen OK, Must comply with the requirements of the Kaahumanu Highway. --Department of Public Works. Off -Street Parking: None req'd for these facilities. OK,. Parking Not Required for irrigation pump station, an unmanned facility. No parking req'd for comfort stations. Loading and Unloading Space: Not submitted as a "rt of this aonlication. L OK, Not required. ial Plan 10/22/07 Page 3 of Approval (TMK: 7-3-009:003) 7 I I Density : OK, Notapplicable j I i Fencing and Walls: none shown as art of lans OK Material: i Hei ht: Location: I Landscaping: I OK, Covered in Golf Course Plans (and Golf Course Landscaping Plans prepared by Licensed Professional Architect Greg Boyer) .approved in Plan Approval for Golf;Course granted 7/10/07. Complies with Rule No. 17 of the Planning Department's Rules of Practice and Procedure. Others: Tax Clearance Shoreline Certification Detailed Drainage Study, review and approval by DPW, US National Park Service, and State DLNR, required plans to be submitted prior to Final Plan approval, 'per condition no. 28 of SMA permit. Development -generated runoff, drainage 'study preparation and submittal to the DPW, I rior to the. issuance of Final Plan Approval, per condition no. 37 of SMA approval. t OK, Per letter of tax clearance from RPT dated 9/13/2007. OK, Waived by Planning Dire tor, pursuant to Planning Dept. Rule 11-4-c. originally Per Planning Director's Letter of 5/8/06, and for this Plan Approval OK, per Director's letter of 4/27/07, regarding US National Park Service review of drainage study, and based on prior approvals of drainage study by State DLNR and DPW. i i I OK, per Director's letter of 4/27/07, regarding the prior approval of the drainage study by the DPW. 0- ial Plan Approval (TMK: 7-3-009:003) 10/22/07 Page 4 of 7 Prior to the submittal of construction permits for a non -potable water system, the applicant was required to submit a study of the non -potable water system that would demonstrate that there will be no significant negative environmental effects on the anchialind ponds on the property, or in the Kaloko-Honokohau National Park, from the injection of brine from a reverse osmosis system, if one is used for the project, or from the applicant's withdrawal of non - potable water from wells, if that is the source of non -potable water. The Planning Director's review and approval of the non - potable water system study, in consultation with the National Park, is required prior to the issuance of any construction permits for the non -potable water system, per Condition 41 of SMA approval. SMA Permit No. 439 Use Permit No. 197 Use Permit No. 198 OK, Condition 41 is satisfied, subject to further monitoring requirements, per Director's letter of July 20, 2007. See condition no. 18 of this plan approval. OK, Allows the development of a 500 homes/home sites project, and 18 -hole golf course and golf clubhouse, public coastal park facilities and related improvements. OK, Allows development of an 18 -hole golf course, golf clubhouse, and related improvements within the Resort Hotel (V-1.25), Village Commercial (CV -10), Multi -Family Residential (RM -3), Residential (RS -10), and Open (0) Zoning Districts. OK, Allows the development of a major recreational facility (portion of an 18 -hole golf course and related improvements) within the Limited Industrial (ML -10) Zoning District. ial Plan Approval (TMK: 7-3-009:003) 10/22/07' Page 5 of 7 Conditions: i 1. The'landscaping for the golf course, ver the Golf Course Plan Avvroval dated 7/k 2. 3. 4. 5. 6.. The p_roiect, and any minor modifications to the project, must be developed in a way that retains the views 7. 8. 9. Management Use Permit No. 439. 10. All employees shall be informed t( be constructed to contain any drips or spills and to provide for the recovery of any spilled liquid. Water be aware to prevent any industrial liquid spills onto bare ground, per Condition 21 of Special Management Use Permit No. 439. 11. Barrels for the temporary storage of used oil or other industrial liquids shall be kevt on a concrete surface. 12. 13. ial Plan Approval (TMK: 7-3-009:003) 10/22/07 Page 6 of 7 unless the Dent. of Land and Natural Resources Historic Preservation (DLNR-HPD) recommends a wider buffer in the Preservation Plan, per condition 35 of Special Management Use Permit No 439 15. The Mamalahoa Trail shall not be breached, except where crossed by the access road without permission of the State of Hawaii- per condition 36 of Special Management Use Permit No 439 16. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adiacent properties, per condition 37 of Special Management Use Permit No 439 17. Applicant shall use best efforts to obtain a non -potable water source for golf course and landscaping irrigation, rather that use high quality well water Wr condition 40 of Special Management Use Permit No 439. 18. Prior to the submittal of construction Wrmits for a non -potable water system the applicant shall submit a study of the non -potable water system that demonstrates that there will be no significant negative environmental effects on the anchialine ponds on the property or in the Kaloko-Honokohau National Park from the infection of brine from a reverse osmosis system if one is used for the project or from the applicant's withdrawal of non -potable water from wells if that is the source of non potable water. The Planning Director's review and approval of the non -potable water system study, in consultation with the National Park, is required pnor to the issuance of any construction permits for the non potable water system per Condition 41 of Special Management Use Permit No 439 Condition 41 is satisfied per Director's Letter of July 20, 2007 with the following conditions: A. The applicant shall establish monitoring wells along or near the border with the National Park to monitor water qualijy changes. including salinity. Thea licant has been in discussions with the National Park on this issue. If parties cannot agree, the Planning Director, in consultation with the applicant and NPS, shall determine the location and extent of monitoring B. The applicant will follow the pump test requirements and monitoring imposes by the Commission on Water Resources Management C. The applicant will continue the anchialine pond management program already required by the SMA pgrmit, including monitoring of salinity levels in anchialine ponds If not already required the applicant shall monitor salinity during consistent tide conditions so that the extent of changes can be determined. D. The applicant and successors will participate in any meetings on the groundwater withdrawaUlens water issue involving other landowners and NPS 19. An Emergency Response Plan shall be submitted to the Civil Defense Agency for review and approval prior to issuance of certificate of occupancy, for any structure related to the operation of the golf course Applicant shall install a siren on the pLoject site meeting with the approval of the Civil Defense Agency, r Condition 42 of Special Management Use Permit No 439 20. During construction, best efforts shall be taken to minimize the potential of both fugitive dust and runoff sedimentation and such best effort measures shall be in compliance with construction industry standards and practices utilized during construction oroiects of the State of Hawaii per condition 44 of Special Management Use Permit No. 439. 21. Applicant shall comply with the interim and final preservation plans approved by the State Historic Preservation Division which includes the sites on State prortyMakai of the certified shoreline and specified interim and final preservation buffers. Applicant shall comply with the interim preservation plan ial Plan Approval (TMK: 7-3-009:003) 10/22/071 Page 7 of 7 22. 23 25. 26. / Date: 11/ )07 aii 0- 0_jal.paNNING DEF'.-% iTMEMr County Of Hawaii 75-5706 Kuakini Hwy. #`i U9 APPLICATION FOR PLAN APPROVA a1lua-Kona, HI 96740 COUNTY OF HAWAII PLANNING DEPARTMENT RECEIVED MAY - 9 2007 APPLICANT: KOHANAIKI SHORES, LLC APPLICANT'S SIGNATURE: DATE: 5/07/07 ADDRESS: 18012 COWAN, SUITE 200, IRVINE. CA 92614 TELEPHONE NO.: ( 949) 863-1298 APPLICANT'S INTEREST, if not recorded owner: nWNER RECORDED OWNER: SAME ASj APPLICANT 6 �I t ADDRESS: TELEPHONE NO.: DATE: '210 PROPOSED USE; PUMP STATION FOR GOLF COURSE IRRIGATION TAX MAP KEY: (3) 7-3-09; 3,16 STREET ADDRESS OF PROPERTY. 73-4676 QUEEN KAAHUMANU HIGHWAY STATE LAND USE DISTRICT: URBAN LAND AREA: ZONING- OPEN (Facility 448 ACRES is 1,100 SQ FT) P URS DANT TO THE ZONING CODE AND THE PLANNING DEPARTMENTS RULES OF PRACTIC1 LLYDQES LDA �EARYHE FLVRVFRTONN TO SCA,ND FUAPPLICATION NED 1GCLLOLOW G OAA p� The location and dimension ofthe buddingsite, 111i The location, size, height, and use ofall existing and proposed structures; /I Allyards nd open s aces, /�lLocation, �ieight, anc�materralofallfences and walls - /� The standard o,ffimprovementand location, number, and size ofspaces, arrangements and on- cvculation of all ostreet parking and loading facilities including points of access thereto from adjoining streets; (6) 7be location ��;;eneralnature, and type, and protection orshielding devices ofall exterior lightinl p All proposed andscaping and planting; (� All proposed street dedication and improvement, ifany; and (9) Any othe r infonnation required by the director. A certification ofclearance (from the Dim ctor of Finance that the real property taxes and all otherfees! relating to the subject parcel(s) have been paid and that there are no outstanding delinquencies) shall accompany this Alpplication. THE PROJECT SHALL COMPLY WITH ALL RE8, UIREMENTS OF PERMITS/APPROVALS GRANTEL THE PLANNING COMMISSION OR COUNTY CNCIL. PD:O I N9(F:kwp601formelpMftnApp.Om) n -------------- 0-- EADIE EIECUTWE OFFICER iii Coun!y Planning Dept. Mr. Dernetf Mark ma PlEice 106 Kuakini Hwy, Suite 109, 3 -Kona, ':-Il 96740 May 7, 2007 Shores at Kohanaiki Special Management Area Use Permit No. 439 Tax Map Key: 7-3-9: 3, 16 Plan Approval: Pump Station #1 3r Mr. Mark: required by the Zoning Code:, ail non-residential structures in V, CV, and MI_ zone shall ain Plan Approval. ! )rdingly, this filing sr:aks approval of one of 'wo pump E.tati )rs that will cli iae the golf course 3tion system. Thi:; p.rnp station is situated or the golf course between. tnE 9'" and i 8'" tee::. second pump Etstioci is located within the maintenance facility and is a cart of 'hat Plan oval application already on file. have enclosed 3 memorandum from ST Eng!ish, cu a .-si:e go!' ('o'rse c.)-;.lr,,('i x. ager, describinl3 °ha purpose of the pumn station in further 1iEtsil. landscape plans ara furnished with this filing as the comfort stations will Abe situa?-: wlh.ii golf course itself. Landscape plans for the golf course are on file with the county (contact is J Kurakowa). course if you hs:•1n :.iny questi-)rE. reg=rding this application, p:r!:3Se contact me. i i Sincere y, Dave a : r. t;E11_ Enl insures: May 7, 3:07 Fa.;ltp �mscnptn^ Pian Ai: f (oval design set !: ; cc w/Enc.: Chrs ".Jen RUTTER DEVELOPMENT 18012 COWAN • SUITE 200 • IRVINE, CALIFORNIA 92614 • TELEPHONE (848) 863-1296 • FAX (949) 863-9109 W Memo TO: Dave Eadie Froex Bill English CL: Date: May 7, 2007 Re: PRmpsf3tion#1-Hole#8-#18 Dave, 0 - Pump station #1 shall be a vertical turbine, variable frequency drive station as manufactured by Flowtronex. It will consist of four (4) 75 H.P pumps and all required electrical panels and components. The main power supply is 460 Volt, 60 Hz 3 phase with a 400 amp main disconnect. The building itself is a simple structure that serves only to hide and protect the pump station. It is accessed by a simple walk in door and has simple lighting as required by code. The Door is a simple " concrete slab, built to local codes. The pump as manufactured by Flowtonex, is self contained on a skid. It sits over a 72' wet well, where the four (4) shafts for the pumps pick up the irrigation lake water. There is a containment area that houses the fertigaton holding tanks. The containment area is sized to make sure Ihat if there is a spill from any of the tanks, lt is contained and not allowed to enter the environment outside the building. The tanks consist of two (2) 1,050 gallon tanks and a 500 gallon mixing tank. These tanks told liquid fertilizers that are injected directly into the irrigation water going out of the station. This is done through a system that is manufactured by Nufrifeed and incorporated into the design of the pump station. In this way, liquid fertilizer can be spread over the course with the use of the sprinkler system. The two 1,050 gallon tanks are purely storage tanks. The 500 gallon mixing tank is used to inject other approved chemicals on the golf course as needed. This method of fertilization is very efficient and is a safe way to apply fertilizers and certain chemicals. Once the areas that have been treated dry, there is no chance of run off from rain, storms, or excess irrigation water. The building is accessed by a simple walk in door. A small roll up type garage door will also be installed so that the pumping equipment can be serviced. A small roof hatch exists in the event that the pumps or the shafts need to be serviced or replaced. In this case, they would need to be pulled out via small crane from the top. There are no other facilities in this building. Again, this is a simple structure that will be built to the local building codes. If you have any other questions regarding this building, please call me. • Page 1 Harry Kim Mayor �p��T;t•Or N,K yir�•a•p�•r ° County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX 101 Pauahi Street . Suite 4 . Hilo, Hawaii 967204679 • Fax (608) 961-8415 Appraisers (808) 961-8354 . Clerical (808) 961-8201 • Collections (808) 961-8282 75-5706 Kuakini Highway • Suite 112 . Kailua-Kona, Hawaii 96740 . Fax (808) 327. Appraisers (808) 327-3542 . Clerical (808) 327-3540 REAL PROPERTY TAX CLEARANCE Date 9-13-- 0 2_ I.D. No. (3) '1- 3 -009- 00 3 (3) 2-03 -002- 01/0 (3) William Takabz Finance Director Nancy E. Crawfoi Deputy Director is to certify that o(6 f1,4AJ 1'6 JNQ n E S . "C' 1er's of record) has paid the CountyHawaii for the real property taxes due for the :l (s) listed above upto and including er"E R 3 1 2.00) W &IMMM Real Property Tax Clerk Hawai 'i County is an Equal Opportunity Provider and Employer. Uwy (Df •-- 75 —57106 l(Ia:31Cl� 1! ?tA1��. i 11 APPLICATION FOR PLAN APPROVAY�` "11c '�"r'`'' ' �' X6740 COUNTY OF HAWAII PLRECEIVED jAi`i 2 9 ZOU, PLANNING DEPARTMENT APPLICANT: KOHANAIKI SHORES LLC APPLICANT'S SIGNATURE: ADDRESS: 18012 COWAN, STE 200, IRVINE, CA 92614 TELEPHONE NO.: (949) 863-1298 APPLICANTS INTEREST, if not recorded owner: OWNER RECORDED OWNER: OWNER'S SIGNATURE: ADDRESS: DATE: DATE: TELEPHONE NO.: PROPOSED USES_ GOLF COURSE COMFORT rTATTnnlc n91 _ TAX MAP KEY: 1117_a_no• STREET ADDRESS OF PROPERTY 73-4676 QUEEN KAAHUMANU HIGHWAY STATE LAND USE DISTRICT• URBAN LANDAREA; 448 Ac. ZONING: V-1.25- OPEN PURSUANT TO THE ZONING CODE AND THE PLANNING DEPARTMENT'S RULES OF PRACTIC PROCEDURE. THLS APPLICATION MUST BE ACCOMPANIED BY A SITE PLAN DRAWN TO SCA AND FULLY DIMENSIONED INDICATING CLEARLY THE FOLLOWING RVFOR�L1ATION (1 The location and dimension of the buddbig site, (�) The location, size, height, and use ofaAexuting and proposed structures; (J Afl yards and open aces, �4) Location, height, an material ofa/lfences and walls - SS The standard o bn rovement and location, number, and size ofspaces, arrangements and on circulation of of qstree t parking and loading facdNes including points of access thereto from adjoining streets; x(76) 7be locationggeneral nature, and type, and protection orshie lding devices of all exterior lightin Allproposec%tandscapin,g and planting; ml Allproposed street ddedication and improvement, if any; and (9) Any other information required by the director. A certification of clearance (fom the Director of Finance that the real property taxes and all otherfees., relating to the sub ectparce (s) have been paid and that there are no outstanding delinquencies) shall accompany this Application. THE PROJECT SHALL COMPLY WLTHALL REppUIREMENTS OF PER;W]TS/APPROVALS GRANTF_ l THE PLANNING COMMISSION OR COUNTY CZJUNCIL. PD:01199(F:lwp60*n IpfflanAPPfim) GL/b4/Zbb/ LG b4 LJ9700J741I nui icrt vcvcca�rrvv �.,�� ua RUTTER DEVELOPMENT CORPORATION 18012 COWAN, SUITE 200 IRVINE, CA 92614 TEL: (948) 863-1298 FAX: (949) 883-9417 SENDER'S E-MAIL:deadieftnj t rdevelooment.com TO: Bennett Mark, County of Hawaii Planning Dept., Kailua- Kona FROM: Dave Eadie DATE: February 5, 2007 SUBJECT. Plan Approval Applications: Kohansiki FOR YOUR INFORMATION I FOR YOUR RECORDS X IN ACCORDANCE WITH PLAN APPROVAL APPLICATION REQUIREMENTS PLEASE HANDLE PLEASE CONTACT ME 0 0 - DAVE EADIE CHIEF EYECVTIVE OFFICER By FedEx Hawaii County Planning Dept. Attn: Mr. Bennett Mark Hanama Place 75-5706 Kuakini Hwy, Suite 109, Kailua-Kona, HI 96740 A January 26, 2007 Re: Shores at Kohanaiki Special Management Area Use Permit No. 439 Tax Map Key: 7-3-9: 3, 16 Plan Approval: Golf Comfort Stations Dear Mr. Mark: As required by the Zoning Code, all non-residential structures in V, CV, and ML zone shall obtain Plan Approval. Accordingly, this filing seeks approval of two ancillary structures within the golf course called "comfort stations." Our SMA/UP application referenced these facilities as 'refreshment kiosks/restrooms." These facilities will contain a men's and woman's restroom, equipment room, and a refreshment dispensing area. One comfort station will be located in the vicinity of the 6'" tee of the golf course and is 421 sq. ft. under roof, the other comfort station will be located in the vicinity of the 140 tee and will be 723 sq. ft. under roof. The 6'° tee structure is set into a stone recess with a flat roof, while the 141E tee structure is in situated in the open with a typical roof, which accounts for the added square footage. The heights of these one-story facilities do not exceed 13 -feet above finished floor. No landscape plans are furnished with this filing, as the comfort stations will be situated within the golf course itself. No hard surface accesses to these areas are planned, other than from cart paths in the vicinity. Of course if you have any questions regarding this application, please contact me. Sincerely, Enclosures: Plan Approval design set cc w/Enc.: Chris Yuen RUTTER DEVELOPMENT 18012 COWAN • SUITE 200 • IRVINE, CALIFORNIA 92614 • TELEPHONE (949) 863-1298 • FAX (949) 863-9109 9- RUTTER DEVELOPMENT CORPORATION 18012 COWAN, SUITE 200 IRVINE, CA 92614 TEL: (949) 863-1298 FAX: (949)863-9417 SENDER'S E-MAIL:deadie(&rutterdevelooment.com TO: Chris Yuen Bennett Mark FROM: Dave Eadie DATE: January 26, 2007 SUBJECT: Tax Clearances A Gentlemen: We have not included a current tax clearance with the Plan Approval submittals. We were advised by the County Real Propertyj division that current clearances only go through year-end 2006. A new clearance will not be available until March, which will acknowledge we are current by virtue of the second tax installment payment which will be paid on February 20. Please advise us if you wish to have us furnish you a year-end 2006 clearance X FOR YOUR INFORMATION FOR YOUR RECORDS IN ACCORDANCE WITH YOUR REQUEST PLEASE HANDLE PLEASE CONTACT ME Harry Kim Mayor County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX 101 Pauahi Street • Suite 4 • Hilo, Hawaii 96720-4679 • Fax (608) 961-8415 Appraisers(808) %1-8354 • Clerical (808) %1-8201 • Collections (808) 961-8282 75-5706 Kuakini Highway • Suite 112 . Kailua-Kona, Hawaii 96740 . Fm(808)327-3538 Appraisers(809)327-3542 • Clerical (808) 327-3540 REAL PROPERTY TAX CLEARANCE Date_ TMK/Parcel I.D. No. (3) 7 - 3 -0017- - OD (3) '7-3—Oo,?—a[// (3) This is to certify that )!!�6 HAA/,4/Kt Moo? F c kl-C� (Owner's of record) has paid the Countyo Hawaii for the real property taxes due for the parcel (s) listed above upto and including CCM3,K12 ;a 1200 9 . by Real Property Tax Clerk Hawaii County is an Equal Opportunity Provider and Employer. William Taks Finance Direct - Nancy E. Craw Deputy Directo EXHIBIT C-7- • Harry Kim Monro' County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone(808)961-8288 • Fax (808)961-8742 January 9, 2008 Mr. Dave Eadie Kohanaiki Shores, LLC 18012 Cowan, Suite 200 Irvine, California 92614 Dear Mr. Eadie: Christopher J. Yuen Director Brad Kurokawa, ASLA. LEER"" A Deputy Director APPLICATION FOR PLAN APPROVAL: Kohanaiki Shoreline Park and Structures, including. Restroom facility, Canoe Halau, and Roadway Shores at Kohanaiki, North Kona, Hawaii TMK: 7-3-009:003 We have reviewed and approved the plan for the subject proposed project for FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL, dated January 9, 2008, for your file. Please note any conditions of approval included as part of the FINAL PLAN APPROVAL. These conditions must be complied with prior to certificate of occupancy of the project, or as otherwise conditioned. Should you have any questions, please contact Bennett Mark of our West Hawaii Office at 327-3510. Sincerely, cc: w/attach West Hawaii Office files: T\/IK 7-3-009.003 Shoreline Park 3c Structurec.doc Htmy i'i Counn, is an equal opporoorin provider wtJ emploeerA r,� 1 C(MNTY OF HAWAII PLANNING DEPMTMENT FINAL PLAN APPROVAL iPPLICANT: ATE APPROVED: Kotianaiki Shores, LLC I January 9, 2008 OCATION: AX MAP KEY: North Kona 7-3-009:003 PARCEL AREA: ONE: Mauka-Makai Public Access Road: Mauka-Makai Public Access Roa9(mauka 4.75 Acres portion): ML -10 District Mauka-Makai Public Access RoaActive Golf Area, Perman Open District Permanent Open Space-- 63.445 Acres, Golf Course Permanent Open Space – Golf Course (Approved portion of Shoreline Park separately as part of Plan Approval for 191.22 -acre Kohanaiki Shores 18 -hole Golf Course, dated 7/10/07): Permanent Open Space – Permanent Open Space- Golf Course Golf Course, Hole 12 (por.) (northeast portion): ML -10 District Permanent Open Space – Permanent Open Space –Golf Course (makai Golf Course, Holes 12 (por.) 13, 14, portion): Open District 15, 16, and 17 (por.) i Permanent Open Space – Permanent Open Space – Golf Course Golf Course, Hole 17 (por.) (southeast portion): Open District and RS -10 District Active Park Area Including lateral vehicular public' Active Park Area: n District � access road, public parking stalls, restroom facility, canoe halau structure, coastal pedestrian trail, camping areas, related improvements: 38.86 Acres Resident's Beach Facility: Resident's Beach Facility: (Approved separately by 31.05 Acres Plan Approval dated 6/7/07): Open District (northwest portion) I CV -10 District (southeast portion) Total of Approximately 110. 11 acre por of 442.251 j acre parcel 1 &OPOSED USE: Kohanaiki Shores —Shoreline Park and Structures. Hawaii County is an equal opportunity provider and employer • Final Plan Approval (TMK: 7-3-009:003) 1/9/09 e2of10 As Shown on Plan 0_ Comments Front Yard (northeast): Not applicable. OK, no minimum yard required for restroom facility and canoe halau structure in Open District. Side Yard (northwest): Not applicable. OK, no minimum yard required for restroom facility and canoe halau structure in Open District. Side Yard (southeast): Not applicable OK, no minimum yard required for restroom facility and canoe halau structure in Open District. Rear Yard (makai): Distance from shoreline asFOK,40'-O"oreline Setback Minimum. shown on plans: Certification Waived (Planning Restroom facility > 130's 5/8/06 letter) and by this Plan Canoe halau > 280' Roadway > 40' Roadway barriers > 40' Ht. of Structure: Restroom facility < 18' ht. OK, no height limit for restroom facility and canoe Canoe halau < 21' ht halau structure in Oven District. No substantial construction allowed 'thin 40 ft. of anchialine ponds: Restroom facility >40' Canoe halau > 40' OK, A 40 ft. buffer around the anchialine ponds is required per Condition 57 of SMA permit 439. Off -Street Parking: 121 off-street standard parking is OK, 121 off-street parking is required per condition provided. Of the 121 spaces provided, 5 are 11 of SMA permit 439. Of the 121 spaces, 5 are ADA handicapped accessible spaces. Of the required to be ADA handicapped accessible 5 ADA handicapped spaces provided, 2 are spaces. Of the 5 ADA spaces, one is required to ADA Van accessible spaces. be an ADA Van accessible space. I Loading and Unloadine Svace: None orovided. I OK Nn.P Not Fencing and Walls: OK, per plan Fencing system designed to keep motor vehicles within lateral shoreline access roadway, and to inhibit vehicular access onto beach and surrounding resource protection areas. Material: lava rock boulders with logs bolted to boulders Final. Plan Approval (TMK: 7-3-00903) 1/9/08 e3 of; 10 30" to 42" Location: Perimeter of all vehicular access areas within the shoreline park Landscaping: Landscaping Plans prepared by Licensed Professional Architect. Others: Tax Clearance Shoreline Certification Detailed Drainage Study, review and approval by DPW, US National Park Service, and State DLNR, required plans to be submitted prior to Final Plan approval, per condition no. 28 of SMA permit. 'Development -generated runoff, drainage study preparation and submittal to the DPW, prior to the issuance of Final Plan Approval, per condition no. 37 of SMA approval. Solid Waste Management Plan, approved by DPW and implemented in a manner meeting with the approval DPW per condition 38 of Special Management Use Permit No. 439. Wastewater shall be treated at an approved wastewater treatment plant, to a minimum of secondary treatment, with R-2 effluent, unless a greater level of treatment is required ey the Department of Health, per condition 39 of SMA permit No. 439. . 0— OK, Complies with Rule No: 17 of the Planning Department's Rules of Practice and Procedure. OK, Per letter of tax clearance from RPT dated 9/13/2007. OK, Waived by Planning Director, pursuant to Planning Dept. Rule I I+c. Per Planning Director's Letter of 5/8/06 and by this plan approval. I OK, per Director's letter of 4/27/07, regarding US National Park Service review of drainage study, and based on prior approvals of drainage study by State DLNR and DPW. OK, per Director's letter of 4/27/07, regarding the prior approval of the drain i ge study by the DPW. OK, plan and implementation plrocedure approved by DPW, per letter dated 7/24/07 OK, per applicant's letter of 6/2 7 /07 restrooms to be connected to the overall proj.ect's wastewater treatment plant, which must be approved by DOH. i Final Plan Approval (TMK: 7-3-009:003) 1/9/08 ;e4of10 Develop and implement a groundwater and OK, Receipt of monitoring report acknowledged, per nearshore water quality monitoring program, Planning Director's letter of 11/26/07. with first baseline testing conducted no later than 12 months after the effective date of this permit. Per condition 55 of Special Management Use Permit No. 439 SMA Permit No. 439 Use Permit No. 197 Use Permit No. 198 Conditions: OK, Allows the development of a 500 homes/home sites project, and 18 -hole golf course and golf clubhouse, public coastal park facilities and related improvements. OK, Allows development of an 18 -hole golf course, golf clubhouse, and related improvements within the Resort Hotel (V-1.25), Village Commercial (CV -10), Multi -Family Residential (RM -3), Residential (RS -10), and Open (0) Zoning Districts. OK, Allows the development of a major recreational facility (portion of an 18 -hole golf course and related improvements) within the Limited Industrial (ML -10) Zoning District. 1. The required mauka-makai and lateral access roadway must be installed prior to operation of the shoreline park. 2. Required parking stalls for the shoreline nark shall be paved striped and appropriate signage installed Prior to operation of the shoreline park. 3. The landscaping for the shoreline park is to be installed according to submitted Plans prior to operation of the shoreline park and is to be installed Prior to issuance of certificate of occupancy of any structures within. the shoreline park. 4. The temporary irrigation system for the shoreline park shall be installed and operating prior to operation of the shoreline park, and shall continue in operation until plants are established 5. Applicant shall comply with all other applicable laws rules regulations and requirements of Hawaii County. 6. Applicant shall comply with conditions of approval for Special Management Area Use Permit SMA No 439 Use Permit No. 197, and Use Permit No. 198 7. Landscaping master plan shall be designed and implemented to filter views between the shoreline and Final Plan Approval (TMK: 7-3-00903) 1/9/08 �e 5 of; 10 I 9. 10. 11. 12. 13. 15 LU -11 Permit No. 439, and Planning Department's Rule 17. Special Management Use Permit No. 439. Em 10-H of SQecial Management Use Permit No. 439. 10-J of Special Management Use Permit No. 439. showers, 6 designated camping areas, and all associated infrastructure, including connections to water and exclusive easement or lease, free of charge, to overate and maintain a golf course and golf course safety • Final Plan Approval (TMK: 7-3-009:003) 1/9/08 ,e6of10 7 National Park at a price determined by an impartial appraisal or at any amount mutually agreed to between the National Park and the Applicant and donating any and all proceeds received from the sale to the National Park to a fund for the maintenance of the public park area The donated amount shall not be credited a ainst the 1/3 maintenance obligation of the applicant. The exact area to be offered to the National Park shall be determined by subsequent discussions between the National Park the applicant and the County. The applicant may encumber any donated area with a conservation easement restricting its future uses to Public Park and related uses, and in the golf course areas to golf course and related uses If no public entityis willing to accept donation of the public park area, the applicant shall have the right consistent with the Good Faith Agreement re Kohanaiki," to request an amendment to the SMA permit to reduce the scope of the public facilities that must be constructed Per Condition 12 of Special Management Use Permit No 439 17. The applicant shall begin construction of the public park facilities no later than the first stage of infrastructure construction of the protect, and the public park facilities shall be completed and available for public use no later than completion of the infrastructure construction for the first residential lot subdivision the opening of the golf course, or the issuance of a certificate of occupancy for the resident's beach facility, or the occupancy of the first residence on the property whichever occurs first Per Condition 13 of Special Management Use Permit No. 439. 18. Public access to the public park shall be allowed from 530 am to 9:00 p.m. daily unless otherwise restricted by the public agency managing the park. Camping and access for night fishing shall also be available through a permit system managed by the public agency. Per Condition 14 of Special Management Use Permit No. 439. i �. In the interim between the effective date of the SMA Wnnit and the completion or donation of the public park as described in the SMA permit. the applicant shall allow vehicular access along the existing coastal seep road from the northern boundary to the approximate area of Wawahiwaa Point and pedestrian access from Wawahiwaa Point to the National Park boundM. subject only to reasonable regulation for hours of use and safety, including safety during construction periods The applicant may control and limit night access Vehicular access shall be limited to vehicles licensed for highway use Per Condition 15 of Special Management Use Permit No. 439. 20. The design of the public park, and its management shall involve an advisory committee consisting of community members and representatives of the applicant and/or lot owners Per Condition 16 of Special Management Use Permit No. 439. 21. After the opening of the lateral public access road the existing coastal ieep road shall be closed toeg neral vehicular traffic, and shall be a pedestrian trail. It may be used for vehicular traffic for park maintenance handicapWd access and emergency access if allowed by the respgnsible Public agency. Per Condition 17 of Special Management Use Permit No 439 22. All cleaning, repairs and maintenance of equipment involving the use of industrial liquids such as gasoline diesel solvent motor oil hydraulic oil ear oil brake fluid acidic or caustic li uids antifreeze detergents, degreasers, etc., shall be conducted on a concrete floor, whether roofed or unroofed The concrete floor shall be constructed to contain any drips or spills and to provide for the recovery of any spilled liquid Water drainage from these concrete floors, if necessaryshall pass through a separator pump before being discharged, per Condition 18 of Special Management Use Permit No 439 ers, and 23. All fertilizpesticides, herbicides shall be stored in a covered maintenance area designed to contain ny spill, per Condition 19 of Special Management Use Permit No 439 24. Equipment wash area shall be set up so that oil and grease can be removed per Condition 20 of Special Final Plan' Approval (TMK: 7-3-0093) • 1/9/08 e7of10 Management Use Permit No. 439. 25. RM 27 all 31. I T- De'...il M- A1U lighting ordinance- lIUIIUIIY 11Ulll Ull16l uacs. Condition 28 of Special Management Use Permit No. 439. 32. Street lights. signs and markings, shall meet with the approval of the De Division, per condition 30 of Special Management Use Permit No. 439. 33. The Mamalahoa Trail shall not be breached, except where crossed by th 34. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adjacent 35. U61 T/ i • Final Plan Approval (TMK: 7-3.009:003) 1/9/08 e8of10 irrigation. rather that use high quality well water, per condition 40 of Special Management Use Permit No 439. 38. Prior to the submittal of construction permits for a non -potable water system the applicant shall submit a study of the non -potable water system that demonstrates that there will be no significant negative environmental effects on the anchialine ponds on the property, or in the Kaloko-Honokohau National Park from the injection of brine from a reverse osmosis system, if one is used for the project, or from the applicant's withdrawal of non -potable water from wells, if that is the source of non potable water. The Planning Director's review and approval of the non -potable water system study, in consultation with the National Park is required prior to the issuance of any construction permits for the non -potable waters stem per Condition 41 of Special Management Use Permit No. 439. 39: An Emergency Response Plan shall be submitted to the Civil Defense Agencv for review and approval- nrior shall install a siren on the proiect site meeting with the approval of the Civil Defense Agency. per Condition 42 of Special Management Use Permit No. 439. 40. During construction, best efforts shall be taken to minimize the potential of both fugitive dust and runoff sedimentation, and such best effort measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii: per condition 44 of Special Management Use Permit No. 439. 41. Applicant shall comply with the interim and final preservation plans approved by the State Historic Preservation Division, which includes the sites on State property Makai of the certified shoreline and specified interim and final preservation buffers. Applicant shall comply with the interim preservation plan including fencing of preservation sites that may be affected by construction. All sites identified for preservation on the SHPD-approved list shall be preserved. "Data recovery sites" shall be preserved Per condition 47 of Special Management Use Permit No. 439. 42. Applicant shall comply with the Burial Treatment Plan from the Hawaii Island Burial Council and shall implement the Burial Treatment Plan, prior to any land disturbing activities on the property, except for those that may be approved with an interim buffer around known buffers as detemuned by the Planning Director in consultation with the State Historic Preservation Division. All sites with burial features as identified in the archaeological studies shall be treated as known burial sites. All known burials are to be preserved in place unless authorized by the Hawaii Island Burial Council. Per condition 52 of Special Management Use Permit No. 439. 43. A public access plan, which shall include signage, shall be established and submitted for review and approval to the Planning Director, in consultation with the DLNR-Historic Preservation Division prior to the issuance of any land alteration permits, including but not limited to building orrig permits for activities within the project area, per condition 53 of Special Management Use Permit No. 439. 44. The applicant shall develop and implement a groundwater and nearshore water quality monitoring program The first baseline testing shall be conducted no later than I2 months after the effective date of this permit Per condition 55 of Special Management Use Permit No. 439. 45. The applicant shall develop a marine life monitoring program, which shall include baseline studies and periodic repeat studies of nearshore marine life. The program shall be approved by the Planning Director in consultation with the Natural Energy Laboratory of Hawaii, the Ocean Recreation Council of Hawaii (TORCH), and the National Park Service. The first baseline studies shall be completed prior to substantial construction on the proiect. Per condition 56 of Special Management Use Permit No 439 Final Plan Approval (TMK. 7-3-0093) 1/9/08 '90f] 10 i 46. Within the 40 -foot buffer area around the anchialine ponds, no substantial !y1 m 49. 1. 51. 52. 53. 54. i A. minimize the offsite transport of nutrients, sediments, herbic B. minimize the use of fertilizers, herbicides, and pesticides thn fertility testing, and proper cburse design; IC. implement surface and groundwater conservation, JD. to operate safely considering the public usage in the vicinity: ! environment. 55. The [GCMP, per Conditi Final Plan Approval (TMK: 7-3-009:003) 1/9/08 ,e 10 of 10 the ocean: B. Fairways, greens and tees shall be sited on a base of medium textured soils with adequate exchange capacity to hold nutrients. Soil permeability shall be between 0.2 to 0.6 inches/ho= C. In the area within 500 feet of the shoreline, the turf area shall be limited to the fairways greens and tees, to reduce the areas that must be irrigated and fertilized D. Fairway turf shall be Seashore Paspalum or an equivalent grass that is tolerant to brackish water irrigation, and hardy in hot coastal environments; E. Exposed soil areas shall be minimized during construction Planting of grassed areas shall follow the installation of topsoil as soon as possible. The contractor shall apply dust screens temporary soil covers and silt fences as needed. All exposed soil shall drain to a sediment trapping device• F. Operator shall develop and implement an integrated pest management plan with the intent of minimizing use of herbicides and pesticides The operator shall first attempt to control weeds and the lowest effective dosage, and shall use spot application wherever feasible Pesticides and herbicides shall be sprayed at the lowest possible height and only when wind speeds are under 10 mph. Chloropyrifos shall not be used. The integrated pest management plans shall be reviewed by an IPM certified specialist: G. A qualified golf course superintendent shall control the fertilization and use of agricultural chemicals• H. All fertilizers, pesticides, and herbicides, shall be stored in a covered maintenance area designed to contain any spill with structural barriers: I. Fertilization shall be based on actual plant needs as determined by leaf testing or other objective method: J. Fertilizers shall be "slow-release" to the extent feasible,• K. Equipment wash area shall be set up so that oil andre ease can be removed before it enters the storm drainage system, L. Operator shall control the timing of irrigation to follow actual plant needs rather than on a set M. Grass clippings shall be used as a mulch or soil amendment N. Greens and tees within 1.000 feet of the shoreline shall have a lining system to reduce potential leaching of nutrients and agricultural chemicals 56. Applicant shall allow play on the golf course by the general public a minimum of one day per week per Condition 73 of Special Management Use Permit No 439 ��}a(lning Director /1"t: January 9, 2008 EXHIBIT C-8 Harry Kim Mayor February 5, 2008 Mr. Dave Eadie Kohanaiki Shores, LLC 18012 Cowan, Suite 200 Irvine, California 92614 Dear Mr. Eadie: „1Y ns N� • aura County of Hawaii PLANNING DEPARTMENT 'Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone(808)961-8288 • Faz(808)961-8742 Christopher J. Yuen Director Brad Kurokawa, ASLA, LEED'S' F Deputy Director APPLICATION FOR PLAN APPROVAL: Kohanaiki "Sales Campus," including. Sales Building, Guard House, & Entry Gate Shores at Kohanaiki, North Kona, Hawaii TMK:7-3-009:003 PLA -08-000353 We have reviewed and approved the plan for the subject proposed project for FINAL PLAN ', APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL, dated February 5, 2008, for your file. Please note any conditions of approval included as part of the FINAL PLAN APPROVAL. These conditions must be complied with prior to certificate of occupancy of the project, or as otherwise conditioned. Should you have any questions, please contact Bennett Mark of our West Hawaii Office at 327-3510. Sincerely, AHI-1&0K�"MIN Planning Director F cc: wlattach West Hawaii Office TMK files: TNI K 7-3-009.003 Sales Campus.doc FT Hawaii Coun(v is an equal opporhurinl provider mul employer I u w A UaUllillluuaundisturbed buffer of nat COUNTY PLANNING DEPARTMENT ide of Mamalahoa Trail I FINAL uffer without structures, PLAN APPROVAL PLA-08-000353 pecial Management Use ANT: ATE APPROVED: ales Building is more thLkadwa aiki Shores, L.LCFebruary 5, 2008 /drivewa .. ION: AX MAP KEY: N OK, none re uired Under O i Kona 7-3-009:003 OK, 8" 0', Under CV -10 Zoni L AREA: ONE: OK, 40'-0" Shoreline Setback Approximately 1 acre por of 442.251 acre parcel CV-10, Village Commercial District (Sales Bldg., s.e. por. of Gu House & s.e. por. of Entry Gate) id [ROPOSED OK, maximum 30'0" for CV -1 O, Open District (n.e. por. A Guard House and n.e. por. of Entry Gate) USE: ohanaiki Shores —"Sales Campus- consisting of Sales Building (approx. under roof 5,530 sf); and Guard House (approx. under roof 904 sf), and Entry Gate. OK, Must comply with the requ Kaahumanu Highway. Department of Public Worl As Shown on Plan Comments Front Yard (northeast): 110'0" to edge of roof of OK, 15' 0" Under CV-10 Zon Zoning. Minimback um set Sales Rnildino ., 1 Iron>, -- _ I - Hawaii Courcy is at equal opportunity provider and employer ju u- wtae tral lava along Makai and an additional 60' per condition 35 of Permit No. 439. n 18' from future ved (Planning this Plan Appl District; of the w A UaUllillluuaundisturbed buffer of nat ide of Mamalahoa Trail uffer without structures, pecial Management Use ales Building is more thLkadwa /drivewa .. Side Yard (northwest): 5500'to Guard House. OK, none re uired Under O i Side Yard (southeast): > 2,000' to Sales Buildin OK, 8" 0', Under CV -10 Zoni Rear Yard (makai): > 3,000' to Sales Building OK, 40'-0" Shoreline Setback and Guard. House _ Shoreline Certification W. Director's 5/8/061etter ani Ht. of Structure: 26" 8" to top of roof of OK, maximum 30'0" for CV -1 Sales Building and No maximum for Open Di 15'8" to top of roof ridge for Guard ]House Access road. Private road that connects to Queen OK, Must comply with the requ Kaahumanu Highway. Department of Public Worl Hawaii Courcy is at equal opportunity provider and employer ju u- wtae tral lava along Makai and an additional 60' per condition 35 of Permit No. 439. n 18' from future ved (Planning this Plan Appl District; of the 0 nal Plan Approval Kohanaiki Shores Sales Campus consisting of Sales Building, Guard House, & Entry Gate (TMK: 7-3-009:003; 2/5/08 Page 2 of 8 Off -Street Parking: 12 standard spaces provided, of which 1 is an ADA handicapped van accessible space. In addition, 8 golf cart spaces also provided. OK, Sales Building: 3,323 sq. ft. . Guard House: 203 sq. ft. Total 3,526 sq. ft. / 300 = 11.8= 12 spaces req'd Of which 1 must be an ADA Handicapped van accessible space. Loading and Unloading Space: None. I OK. Not required. Location: Along edges of entry driveway, and each ^ide of entry Late. Landscaping: Landscaping Plans prepared by Licensed Professional Architect Van Tilburg, Banvard, Soderberg, ALA. Others: Tax Clearance Shoreline Certification Detailed Drainage Study, review and approval by DPW, US National Park Service, and State DLNR, required plans to be submitted prior to Final Plan approval, per condition no. 28 of SMA permit. Ram MA OK, Complies with Rule No. 17 of the Planning Department's Rules of Practice and Procedure. OK, Per letter of tax clearance from RPT dated 9/13/2007. OK, Waived by Planning Director, pursuant to Planning Dept. Rule 11-4-c. originally Per Planning Director's Letter of 5/8/06, and for this Plan Approval OK, per Director's letter of 4/27/07, regarding US National Park Service review of drainage study, and based on prior approvals of drainage study by State DLNR and DPW. 11 i .nal Plan Approval Kohanaiki Shores Sales Campus consisting of Sales Building, Guard House, & 2/5/08 Page 3 of 8 Development -generated runoff, drainage study preparation and submittal to the DPW prior to the issuance of Final Plan Approval per condition no. 37 0l' SMA approval. Solid Waste Management Plan approved by DPW and implemented in a manner meeting with the approval DPWper condition 38 of Special Management Use Permit No. 439. Wastewater shall be treated at an approved wastewater treatment plant, to a minimum of secondary treatment, with R-2 effluent, unless a greater level of treatment is required by the Department of Health, per condition 39 of SMA permit No. 439. Develop and implement a groundwater and nearshore water quality monitoring program, with first baseline testing; conducted no later than 12 months after the effective date of this permit. Per condition 55 of Special Management Use Permit No. 439 Prior to the submittal of construction permits for a non -potable water system, the applicant was required to submit a study of the non -potable water system that would demonstrate that there will be no significant negative environmental effects on the anchialine ponds on the property, or in the Kaloko-Honokohau National Park, from the injection of brine from a reverse osmosis system, if one is used for the project, or from the applicant's withdrawal of non - potable water from wells, if that is the source of non -potable water. The Planning Director's review and approval of the non - potable water system study, in consultation with the National Park, is required prior to the issuance of any construction permits for OK, per Director's letter prior approval of the OK, plan and implemental DPW, per letter dated OK, per applicant restrooms overall project's wastew which must be approved OK, Receipt of monitoring Planning Director's let OK, Condition 41 is satisfied, monitoring requirements, 7/20/07. See condition nt approval. Gate (TMK: 7-3-009:003 7, regarding the study by the DPW, procedure approved by be connected to the :r treatment plant, r DOH. acknowledged, per 11/26/07. mbject to further -r Director's letter of 18 of this plan 0 0 nal Plan Approval Kohanaiki Shores Sales Campus consisting of Sales Building, Guard House, & Entry Gate (TMK: 7-3-009:003) 2/5/08 Page 4 of 8 me non-potame water system, per Condition 41 of SMA approval. Develop and implement a groundwater and OK, Receipt of monitoring report acknowledged, per nearshore water quality monitoring program, Planning Director's letter of 11/26/07. with first baseline testing conducted no later than 12 months after the effective date of this permit. Per condition 55 of Special Management Use Permit No. 439 SMA Permit No. 439 Use Permit No. 197 Use Permit No. 198 Conditions: OK, Allows the development of a 500 homes/home sites project, and 18 -hole golf course and golf clubhouse, public coastal park facilities and related improvements. OK, Allows development of an 18 -hole golf course, golf clubhouse, and related improvements within the Resort Hotel (V-1.25), Village Commercial (CV -10), Multi -Family Residential (RM -3), Residential (RS -10), and Open (0) Zoning Districts. OK, Allows the development of a major recreational facility (portion of an 18 -hole golf course and related improvements) within the limited Industrial (ML -10) Zoning District. 1. The landscaping shall be installed according to submitted plans prior to certificate of occupancy of the sales building, and guard house. 2. Irrigation system for the sales building, and guard house shall be installed and operating prior to certificate of occupancy for the sales building and guard house 3. Applicant shall comply with all other applicable laws rules regulations and requirements of Hawaii County. Applicant shall comply with conditions of approval for Special Management Area Use Permit SMA' No 439 Use Permit No. 197, and Use Permit No. 198. 5. Landscaping shall rely primarilyon plants indigenous to Kona and/or Polynesian introductionsper Condition • .nal Plan Approval Kohanaiki Shores,Sales Campus consisting of Sales Building, Guard House, & E I ntry Gate (TMK: 7-3-009:003: 2/5/08 Page 5 of 8 7 It Management Use Permit No. 439. 15. Streetlights.signs and markings shall meet with the approval of the D Division. per condition 30 of Special Management Use Permit No. 439 16. The applicant shall retain a 50 -foot_ wide undisturbed buffer of natural 12 17 the State of Hawaii, per condition 36 of Special Management Use Permit No 439 I 18. All development -generated runoiff shall be disposed of on-site and shall not be directed toward any adjacent w 0 0 at Plan Approval Kohanaiki Shores Sales Campus consisting of Sales Building, Guard House, & Entry Gate (TMK: 7-3-009:003, 2/5/08 Page 6 of 8 per condition 38 of Special Management Use Permit No 439 20. All wastewater shall be treated at an approved wastewater treatment plant to a minimum of secondary treatment, with R-2 effluent unless a greater level of treatment is required by the Department of Health Wastewater shall be used for irrigation of1_ andscaping or other beneficial reuse to the maximum extent feasible. If treated on-site wastewater shall be beneficial) re -used for olf course and/or landsca in irrigation to the extent feasible Per condition 39 of Special Management Use Permit No 439 21. Applicant shall use best efforts to obtain a non -potable water source for golf course and landscaping irrigation, rather that use high quality well water, per condition 40 of Special Management Use Permit No. 439. 22. Prior to the submittal of construction Dernifts for a non- table waters stem thea licant shall submit a from the injection of brine from a reverse osmosis system if one is used for the project or from the a licant s withdrawal of non -potable water from wells if that is the source of non -potable water. The Planning Director's review and a roval of the non- table waters stem stud in consultation with the National Park, is required prior to the issuance of any construction permits for the non potable water system per Condition 41 of Special Management Use Perruit No 439 Condition 41 is satisfied per Director's Letter of July 20. 2007 with the following conditions• A. Thea licant shall establish monitoring wells along or near the border with the National Park to monitor water Lqaliry changres. including salinity. The . applicant has been in discussions with the National Park on this issue. If parties cannot agree, the Planning Director in consultation with the applicant and NPS. shall determine the location and extent of monitoring_ B. The applicant will follow the pump test requirements and monitoring imposes by the Commission on Water Resources Management. C. The applicant will continue the anchialine pond management program already required by the SMA penmt. including monitoring of salinity levels in anchialine ponds If not already required the applicant shall monitor salinity during consistent tide conditions so that the extent of changes can be determined. D. The applicant and successors will participate in any meetings on the groundwater withdrawal lens water issue involving other landowners and NPS ' 23. An Ernerg—ency Res onse Plan shall be submitted to the Civil Defense Agency for review and 2PRroyal riot to issuance of certificate of occupancy,for any structure related to the operation of the golf course. Applicant shall install a siren on the proiect site meeting with the ap2roval of the Civil Defense Agency, r Condition 42 of Special Management Use Permit No 439 24. A public access plan, which shall include signage shall be established and submitted for review and approval to the Planning Director, in consultation with the DLNR-Historic Preservation Divisionprior to the issuance of any land alteration permits, including but not limited to buildin or grading permits, for activities within the project area, per condition 53 of Special Management Use Permit No 439 25. During construction, best efforts shall be taken to minimize the potential of both fugitive dust and runoff edimentation and such best effort measures shall be in compliance with construction industry standards and practices utilized during construction proiects of the State of Hawaii per condition 44 of Special tal Plan Approval Kohanaiki Shores Sales Campus consisting of Sales Building, Guard House, & Entry Gate (TMK: 7-3-009:003) zi5/O8. Page 7 of 8 26. 27 P" 3d 31 32. 33 0 0 ial Plan Approval Kohanaiki Shores Sales Campus consisting of Sales Building, Guard House, & Entry Gate (TMK: 7-3-009:003) L/5/08 Page 8 of 8 and any applicable Corns of Engineer permits must be obtained. per Condition 60 of Srecial Management Use Permit No. 439. 34. Any significant decline in ocean or anchialine pond water quality shall be immediately reported in writing to the Planning Director. per Condition 63 of Special Management Use Permit No. 439. Director Date: February 5, 2008 PD 11/99 (MSWord) RECEIVED JttiJ 2 9 2001 APPLICATION FOR PLAN APPROVAS tli' 31 COUNTY OF HAWAII k.:Dii.i;_�-f'i .iClrl, 1-4196740 PLANNING DEPARTMENT APPLICANT: _ KnHANATKT SHnRFS, I I r APPLICANT'S SIGNATURE: ADDRESS TELEPHONE NO.: (949) 863-1298 APPLICANTS INTEREST, if not recorded owner: RECORDED OWNER: OWNER'S SIGNATURE: ADDRESS: TELEPHONE NO.: PROPOSED USE; SALES CAMPUS (See Description) TAX ]KAP KEY: (3)7-3-09: 3,16 STREET ADDRESS OF PROPERTY: 73 - DATE: DATE: STATE LAND USE DISTRICT: URBAN LANDAREA: 448Ac. ZONING: CV -10 I PURSUANT TO THE ZONING CODE AND THE PLANNING DEPARTMENT'S RULES OF PRACTICE A PROCEDURE. THE APPLICATION MUST BE ACCOMPANIED BY A SITE PLAN DRAWN TO SCALE AND FULLY DIMENSIONED INDICATING CLEARLY THE FOLLOWING INFOR VAT10N I� The location and dimension of the building site, (11 The location, size, height, and use ofafl existing and proposed structure's; (I AR arils nd o ens aces, Location,�ieight, ancPmaterialofalffences and walls - The standard ojimprovement and location, number, and size ofspaces, 'arrangements and on -sit, circulation of all off -s treet parking and loading facilities including points of access thereto from adjoining streets; (6) 7be locationggeneral nature, and type, and protection or shielding devices of all exterior lighting; 17/I All proposed landscaping and planting; All propposed street ddedication and improvement, ifany; and l9i Any otherinfonnation required by the director. A certification ofclearonce (from the Director of Finance that the relating to the sub ectparcel(s) have been paid and that there a ^company this Aipphcation. THE PROJECT SHALL COMPLY WITHALL REQUIREMENTS THE PLANNING COMMISSION OR COUNTY COUNCIL. P0-01199(F:kwp60 rbo Ipfflan,%pP�) i real property taxes and all otherfees! re no outstanding delinquencies) shall i OFPERMITS/APPROVALS GRANTED I i OW:11: 0 DAVE EADIE CHIEF EXECUTIVE OFFICER By FedEx Hawaii County Planning Dept. Attn: Mr. Bennett Mark Hanama Place 75-5706 Kuakini Hwy, Suite 109, Kailua-Kona, HI 96740 11 January 26, 2007 Re: Shores at Kohanaiki Special Management Area Use Permit No. 439 Tax Map Key: 7-3-9: 3, 16 Plan Approval: Sales Campus Dear Mr. Mark: As required by the Zoning Code, all non-residential structures in V, CV, and ML zone shall obtain Plan Approval. Accordingly, this filing seeks approval of our "sales campus." The'sales campus consists of two structures which are located at the project's entry. The smaller structure is the kiosk providing for an attended entry to the project and is 203 sq. ft. in size. The total under roof area of this structure is 985 sq. ft., which accounts for a covered canopy over the southerly travel lane into the project. The larger structure will serve as our marketing area for the duration of the project, whereupon the facility would transition to a homeowner's meeting facility. This structure is 3,323 sq. ft. (5,530 sq. ft. under roof), and consists of various rooms devoted to the sales effort. The height of the attended entry structure and the sales campus buildings are 15'8" and 24'8" respectively. Automobile parking is provided together with additional spaces designed for golf cart parking. Themed landscape, water, and wall accents have been integrated with the design of these facilities. Of course if you have any questions regarding this application, please contact me. Sincerely, Enclosure: Plan Approval design set cc w/Enc.: Chris Yuen RUTTER DEVELOPMENT 18012 COWAN • SUITE 200 • IRVINE, CALIFORNIA 92614 • TELEPHONE (949) 863-1298 • Fax (949) 863-9109 RUTTER DEVELOPMENT CORPORATION 18012 COWAN, SUITE 200 IRVINE, CA 92614 TEL: (949) 863-1298 FAX: (949)863-9417 SENDER'S E-MAIL:deadie(Mrutterdevelor)ment.com TO: Chris Yuen Bennett Mark FROM: Dave Eadie DATE: January 26, 2007 SUBJECT: Tax Clearances . Gentlemen: We have not included a current tax clearance with the Plan Approval submittals. We were advised by the County Real Property division that current clearances only go through year-end 2006. A new clearance will not be available until March, which will acknowledge we are current by virtue of the second tax installment payment which will be paid on February 20. Please advise us if you wish to have us furnish you a year-end 2006 clearance. X FOR YOUR INFORMATION FOR YOUR RECORDS IN ACCORDANCE WITH YOUR REQUEST PLEASE HANDLE PLEASE CONTACT ME Harry Kim • Mayor • William Takl Finance Direct County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX 101 Pauahi Street . Suite 4 . Hilo, Hawaii 967204679 • Fax (808) 964-8415 Appraisers (808) 961-8354 • Clerical (808)961-8201 • Collections (806) 961-8282 75-5706 Kuakini Highway . Suite 112 a Kailua-Kona, Hawaii 96740 a Fu(908)327-3539 - Appraisers (808) 327-3542 • Clerical (808) 327-3540 REAL PROPERTY TAR CLEARANCE Date �O 7 TMK/Parcel I.D. No. (3) _% - 3 -OOQ- oo 3 (3) _?` 3 -002- o[ /o (3) This is to certify thata "A- )141. t Si., (Owner's of record) has paid the County o i-Iawaii for the real property taxes due for the parcel (s) listed above upto and including_ CEM3 by tet— U), t G - Real Property Tax Clerk Hawaii County is an Equal Opportunity Provider and Employer. Nancy E. Craw Deputy Directo ,fmr 17:92 From: Harry Kim Maya W Coul vai6i To: 8683273563 P. 212 >11.A NNING�DEPAH'I MENi (:aunty Cif HaWWiGiamrakana -5706 Kuakini Hw�"'Vldry I<'�ilc(n Kond. HI c"Mc'rawford i Depq (7ign5w DEPARTMENT OF FINANCE -REAL PROPERTY TAX i 101 POuuhi Sveel • Yutle 4 • Hi(µ Hawoil 06720.2670 • Far (8 0 8) 9 61-114 1 5 Apprulse (tl08)'MI-8331 a 0eried (808) 961.8201 • CullwUM (808)'961-8282 75706 Kuakini H)Bhwoy • Suile 112 - Uls-Kos. llarai'i 96740 - Fua (808) 327-3578 Appraiwa (808) 327-,3,542 - r3aical I81M) 327-1.540 � 0'r April 13, 2W7 REAL PROPERTY ')tiAX Ci FAR&PiCE TMK(s): (3) 7-3-009-003 & 01 G Kohanaiki Shores, LLC (owner of record) This is to certify that the real property taxes due to the County of Hawaii on the parcels) referenced above has/have paid up to and including June 30, 2007. This clearance was requested by Rutter Development Corporation and issued for this/these parcel(s) only. Reference: Lena Muramoto, Tax Clerk REAL PROPERTY TAX DIvlS1ON Hawaii County is an Arpad Oppnrnnliry Provider and Employer EXHIBIT D Harry Kim AITW June 15, 2006 County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Psuahi Street. Suite 3 • Hilo. Hawaii 96720 Phooe(808)96M85 • Fax(805)%14742 Mr. Dave Eadie, CEO Rutter/K.W. Kohanaiki, LLC 18012 Cowan, Suite 200 Irvine, CA 92614 Dear Mr. Eadie: Christopher J. Yuen DnMw Brad Kurokawa, asu Lwo,- er DepvV Davelor PLANNED UNIT DEVELOPMENT PERMIT NO.06-000002 (PUD -06-000002) Applicant: Ratter/K.W. Kohanaiki, LLC Landowner. Kohanaiki Shores, LLC Project: "The Shores at Kohanaiki" Location: TMK: 7-3-009:003, Kohnnaiki, North Kona, Bawai'l After reviewing the information submitted with the Planned Unit Development Application, the Planning Director hereby approves Planned Unit Development Permit No. 06-000002, which allows the development of a master planned community on land consisting of approximately 450 acres. This PUD addresses variances for minimum building site area and widths, roadways improvements, minimum yard setbacks, and lot configuration. BACKGROUND Project Location The subject property (TMK: 7-3.009: 003), hereinafter referred to as "Property", consisting of approximately 450 acres, is located within the district of North Kona, adjacent and to the north of Kaloko Honokohau National Park on the makai side of the Queen Kaahumanu Highway. Land Use Designations Hawa('i County is an Equal Opportunity Provider and Employer 64629 Mr. Dave Eadie, CEO Rutter/K.W. Kohanaiki, LLC Page 2 June 15,2006 The Property is situated within the State Land Use Urban District and currently designated for Resort, Low Density and Medium Density Urban with a 1,200 to 2,000 -foot band of Open along the coastal portion by the County General Plan. The County zoning designation for the entire property is a mix of Resort (V-1.25), Commercial (CV -10), Limited Industrial (ML -10), Multiple Family (RM -3), Single Family (RS -10) and Open (0) designations. The Project, with the approval of this PUD, will be consistent with the requirements of the Zoning Code and the land use policies of the General Plan. Proposed Development Details I The "Shores at Kohanaiki" is a private residential community of up to 500 horriesites/residences that will be situated in and around an 18 -hole golf course with lot sizes ranging; from about 1/3 -acre to one acre in size with primarily one -acre lots to be located nearest to�the ocean The 18 -hole championship golf course will include a golf clubhouse along with other ancillary facilities such as tennis courts, residents dining and workout facilities. A 3 -acre resident's beach facility will also be constructed. Approximately 109 -acres of open space, which includes 6 golf holes, and a coastal community park will be provided for along the coastal area of the property makai of the proposed residential lots. i Compatibility with Neighboring Uses I The Property is situated within a region that is primarily designated for.urban uses by both the State Land Use Commission and the County. Less than a mile to the north of the Property is the Kona International Airport, On the mauka side of the Queen Kaahumanu Highway in close proximity are the Kohanaiki Industrial lots and the Kaloko Indtistrial Subdivision. While the Kaloko Honokohau National Historic Park is located immediately to the south of the Property, the proposed private residential community is not viewed as an incompatible ormapprolmate use of lands adjacent to the national park, and provides a transition of land use activities between surrounding industrial uses in proximity to the park site. In fact, the inclusion of a coastal public park along the shoreline of this Project will compliment the adjoining national Park. ' Related Major Approvals 1987 to 1988 — In 1987, the State Land Use Commission approved a State LandjUse Boundary Amendment from Conservation to Urban to accommodate a proposal for 2 hotels, a marina, commercial area, golf course and residential development on the Property. In 1987, the County approved a General Plan amendment and in 1988, also approved a change of zone of the Property to its current zone district classifications. i i 014630 Mr. Dave Eadie, CEO Rutter/K.W. Kohanaiki, LLC Page 3 June 15, 2006 November 1990 —.Then applicant and landowner Nansay Hawaii secures a Special Management Area (SMA) Use Permit to allow the 2 hotels, residential development, golf course and commercial uses on the Property, minus the marina which they intended to apply for at a later date. This application was subsequently withdrawn by Nansay after lengthy litigation. November 7. 2003 — Planning Commission approves Use Permit No. 197 to allow the development of an 18 -hole golf course and related improvements on the Property and Special Management Area Use Permit No. 439 to allow the development of the "Shores at Kohanail i" upon lands situated within the Special Management Area (SMA). December 23. 2005 — Nan -significant Zone Change (NZC-05-000005) approved by the Planning Department to accommodate the adjustment of the zoned district boundaries within the Property. PROJECT OwECTIyE3 AND DESCRIPTION The objectives for "The Shores at KohanaiW ("Project's include the following: According to the Applicant "The purpose of the requested Planned Unit Development Permit "is to allow for more flexibility in the design of theproject. Thii levibility will allow for the avoidance and preservation of onsite natural and cultural features, as well as providing for a more diverse and varied resort community." The Applicant also notes that "The requested deviations will collectively allow for the establishment of a better balance of the built form, the landscaping, and the natural environment. This will result in a more integrated neighborhood pattern with blended edges, shared recreation, and social gathering areas. This integration will also provide for a higher level of street character and visual interest. Combined these elements will create a highly desirable built environment that is harmonious and compatible with the natural surrounding Area and resources:" AGENCIES' REVIEW Department of Public Works: Memorandum dated June 1, 2006 "BUILDING 1. Buildings shall conform to all requirements of code and statutes pertaining to building construction. 014631 ap Mr. Dave Eadie, CEO Rutter/&W. Kohanaiki, LLC Page 4 June 15, 2006 i ROADWAYS 1. The applicant shall plan and construct all roadways in accordance with the Ord. 88.159 or successor ordinance. The roadway connection to the north as shown 6 the application may not satisfy the intent of Ordinance 88-159 Condition H. Connecting roadways to adjoining parcels should be constructed to dedicable standards and dedicated to the County or be open to public traffic. A dedicable turnaround shall be provided on the County road side of any vehicular security gate. 2. All streets within the proposed development shall follow the guidelines incorporated in the Hawaii Statewide Uniform Design Manual for Streets and Highways or AASATO and the requirements of DPW for the designated appropriate design speed. 3. Drainage facilities should be designed in conformance with the County of Hawaii Storm Drainage Standard. 4. Concrete curbs, gutters, and sidewalks should be required in areas of pedestrian traffic (see Ord 88-159. Condition G). 5. We note that the public access Coastal Drive is not specifically included' -in the list of facilities affected and we assume no variance is being sought. MY N Currently, street lights, signs and markings for private roads will not be reviewed by our Traffic Division." Fire Department:. Memorandum dated May 19, 2006 Fire Department recommends that fire apparatus access roads comply with Uniform Fire Code (UFC) Section 10.207. Police Department Memorandum dated May 12, 2006 Recommends that until adequate roads are built to support the ever-growing population, construction and additional vehicles on the road, development must conform to the County's proposed policy on the principle of concurrency. Police staff also noted "significant" concerns dealing with ingress and egress to this proposed subdivision from the Queen Kaahumanu Highway and recommends a grade -separated intersection. Also recommends that Applicant construct a road to adjoining properties to the north and south to avoid another "stand-alone cul-de-sac subdivision'. 014632 4P Mr. Dave Eadie, CEO Rutter/&W. Kohanaiki, LLC Page 5 June 15, 2006 8 Deosrtment of Environmental Manseement: Memorandum dated May 4, 2006 DEM states that the Applicant plans to connect to the County's sewer system. The County currently has plans to install a sewer line within the Queen Kaahumanu Highway that will send wastewater to the Kealakehe Wastewater Treatment Plant located 3.5 miles south of the Property. DEM is recommending that the Applicant prepare a solid waste management plan. Department of Water Supply Memorandum dated May 8, 2006 DWS confirms that water to support the proposed Project is available subject to the Applicant complying with the requirements of an Agreement between the applicant and the Department of Water Supply and with the construction of necessary water system improvements and the payment of required water facilities charges. Hawaii Electric Light Company (HELCO): Letter dated May 18, 2006 HELCO requires various system improvements in order to support the proposed Project, including a new distribution transformer and switchgear at the HOST Park substation and new 12.47KV distribution lines and two 12.47KV circuits. HELCO also recommends energy efficient and conservation features be made a part of the development, including waste heat recovery equipment for air conditioning and refrigeration equipment. HELCO asks that Applicant contact their Engineering Department as soon as practicable to open a service request to insure timely procurement of long lead equipment. APPROVED VARIANCES The following variances aro hereby approved: Variances to the Zoning Code Minimum Building Site Area (Hawaii County Code §25-4-32(a). As detailed further below, this approved variance will allow for the reduction of the minimum building site area below the specified zone district requirements. Minimum Building Site Area (Hawaii County Code §25-5-5, §154-34, §25-5-94, §25-5- 124 ). This approved variance will allow for a minimum lot size of 6,000 square feet in lieu of the minimum 7,500 square foot lot size permitted the Resort (V) and Multiple Family Residential (RM) zoned districts and the minimum 10,000 square feet lot size required in the Village Commercial (CV) and Single Family Residential (RS) zoned districts. Them smaller lots will be located within development "pods" located within the mauka half of the Property closer to the Queen Kaahumanu Highway. 014633 *• 40 Mr: Dave Eadie, CEO Rutter/K.W. Kohanaiki, LLC Page 6 Junel5,2006 Minimum Building Site Average Width (Hawaii County Code §25-5-6, §25-5-35, §25-5- 95, §25-5-125 ). For those lots less than 7,500 square feet to as small as 6,000 square feet as permitted above, this variance will allow for a minimum building site average width of 50 feet in lieu of the minimum 60 feet and 70 feet, depending on this zone district classification. I Minimum Building Site Average Width (RS) (Hawaii County Code §25-1-5 & §25-5-6). Applicant requests that the minimum building site average width of 70 feet for lots within the RS -10 zoned district be measured at the mid -point of the side lot lines to allow for the creation of "pie -shaped lots" around the cul-de-sac and knuckles. This PUD will also grant relief from the method of determining building site average width as defined by the Zoning Code. I The Applicant also wishes to exclude the land area within easements, preservation areas or slopes C unbuildable areas') from being calculated against the side yard setback requirements. The Applicant is mistaken in their interpretation of yard setback application. The Zoning Code defines minimum yard setbacks as a set distance based on zoning. Minimum yard setbacks are not variable based on the size of an actual lot. As an example, portion of the Project with a zoning of RS -10 will have a minimum yard setback of 20 feet from the front and rear property lines and 10 feet from the side property lines. These setbacks will not increase as the parcel size increases beyond the required minimum 10,000 square feet minimum lot size. Minimum Ysrda_(Hawaii County Code §25-5-7, §25-5-36, §25-5-96, §25-3-126). This approved variance will allow for zero lot lines in certain instances where there will be back- to-back units on two abutting lots. This zero lot line condition will only apply to that property boundary straddled by the two abutting residential units. The required minimum yard setbacks consistent with the applicable zone district requirements shall be applied to all other property boundaries. This variance is approved with the understanding that a minimum 20 -foot structural setback between detached residential units will be maintained. Variances to the Subdivision Code Minimum Right -of -Way and Pavement Widths (Hawaii County Code §23=41(a)). The Applicant is requesting a variance from the minimum rights-of-way widths for its internal, collector -type roadway known as the Loop Road, Lot A. In lieu of the minimum 24 -foot wide pavement within a 60 -foot wide right-of-way required for collector streets, the Applicant is requesting that Loop Road be constructed with a 20 -foot wide pavement within a 50 -foot wide right-of-way. Applicant justifies this request due to the lower average daily trips expected within this private community as well as reduce the amount of impervious surfaces, which will aid the Applicant in meeting its water quality goals. 014634 Mr. Dave Eadie, CEO Rutter/K.W. Kohanaiki, LLC Page 7 June 15, 2006 This variance will also permit the use of mid -block islands and landscaped medians that will create a more desirable streetscape and driving experience. Each travel lane, however, must be at least 10 feet wide, so additional right-of-way may be needed to accommodate these landscape features. This variance excludes the coastal drive, portions of which will be situated within an approximately 32 -foot wide road lot with the remaining coastal portion to be situated within a bulk lot. A possible option is to retain both lots as a single large flag lot with access to the proposed public coastal park. The Applicant should begin its consultation with both Planning and the Department of Public Works regarding the anticipated improvements necessary to provide access to the coastal public park. Curb, gutters and sidewalks within subdivision roadways may be required in areas of likely pedestrian traffic as determined by the Department of Public Works and in accordance with Change of Zone Ordinance No. 88-159. Cul-d"ac (Hawaii County Code §23-50). Applicant requests a variance to allow its project cul-de-sacs to exceed the maximum length of 600 feet and service more than IS lots. This. variance is approved based on street design integration with the natural environment and topography. This PUD will establish a maximum 3,800 -foot length and a maximum of 42 lots along a cul-de-sac. Grades and curves (Hawaii County Code §23-50): Applicant requests a variance from the minimum requirements for vertical and horizontal curves for its various proposed private roadways within the subdivision. This variance is approved on the basis of topography to minimize the grading requirements and to retain as much of the natural terrain as practical. In those instances where the vertical or horizontal curves do not meet the minimum requirements, the Applicant shall present alternate standards at the time of construction plan review, as provided far in §23-50(6), with lower design speeds assigned in order to meet the roadway safety standards as specified within the AASHTU Policy on Geometric Design of Highways and Streets, 2001. Right of way Improvement (Hawaii County Code §23-95). This variance approval would allow for deviation from the County's standard detail regarding the minimum edge of pavement radius with no sidewalk of 30 feet. The Applicant will be required to present alternative standards at the time of construction plan review and demonstrate that a reduced pavement radius within the cul-de-sac will conform to AASHTO Policy on Geometric Design of Highways and Streets, 2001 or other accepted national design standards. 014635 Mr. Dave Eadie, CEO Rutter/)LW. Kohanaiki, LLC Page 8 June 15,2006 DENIED VARIANCES Elimination of Tangents between reversing curves and broken -back curves. There is no such requirement within either the Zoning or Subdivision Codes that require a tangent between reversing or broken -back curves. We believe that this design element resides in national roadway design guidelines like AASHTO. Therefore, no variance is required. However, the Applicant should work closely with the Department of Public Works to determine whether such a deviation from design standards principles will be acceptable. Through Lots (Hawaii County Code §23-36). Through lots may be permitted, at the discretion of the Director, due to topographic constraints that are demonstrated. Since the Director has this discretion, no variance is required FINDINGS The following findings are made in accordance with Section 25-6-10 (Criteria for granting a PUD): 1) The constraction of the project shall begin within a reasonable period of time from the date of full approval and shall be completed'within a reasonable period of time. The Applicant is ready to start development as soon as approvals are issued„with in&astructural improvements and basic grading done within 2 years from the approval of infrastructural construction drawings. Vertical construction of the homes and duplexes are anticipated to achieve full build -out within approximately 5 years thereafter. The Applicant anticipates that the coastal public park will be completed commensurate with the completion of the subdivision's infiastructural improvements. 2) The proposed development substantially conforms to the General Plan. The proposed agricultural lots are consistent with the General Plan LUPAG Map designation for the Property of Resort, Low 8c Medium Density Urban with a strip of Open along the coastline. This proposed private residential community is consistent with the General Plan Land Use and Housing goals and policies by providing a diversity of housing choices to meet a range of housing needs and designing in accordance with the environment.' 014636 4P Mr. Dave Eadie, CEO . Rutter/K.W. Kohanaiki, LLC Page 9 June 15, 2006 0 3) The proposed development shall constitute an environment.of sustained desirability and stability, shall be in harmony with the character of the surrounding neighborhood and shall result in an Intensity of land utilization no higher than, and standards of open space at least as high as permitted or as otherwise specified for the district in which this development occurs. The proposed 500 -unit private residential subdivision will provide a density that is less than the overall density permitted by its combination of single family and multiple family zoning, which alone would accommodate a roughly -calculated 1,000 units. While the Property is relatively flat when compared with the mauka section of North Kona, the Applicant is working to align the subdivision roadways to follow the existing grades and minimize grading. Approval of this PUD will provide the Applicant with opportunities to align and narrow the roadways and to adjust and configure individual lots to take the best advantage of the physical attributes of the Property and integrate its design into the natural enviromnent. 4) The development of a harmonious, integrated whole Justifies exceptions, if required, to the normal requirements of the Zoning and Subdivision Codes, and that the contemplated arrangements or use make it desirable to apply regulations and requirements differing from those ordinarily applicable under the district regulations. In order to best meet the unique physical attributes of the Property, variances to the minimum building site area, building site average width, minimum yards, roadway improvements and other variances from lot configuration requirements will allow the Applicant to integrate the project into the natural landscape as much as possible as well as create visual interest as its future residents ride or walk along the subdivision roadways. Current code requirements are universal with little regard to topography and site limitations. Roadway improvements are designed for durability and standard design speeds. The stmt design variances result in the desire to enhance the streetscape by providing unique visual elements such as a more -narrow pavement section, mid -block island and landscaped medians. As a private roadway, a community association or the developer will assume maintenance responsibility of the landscaped areas located within the right-of-way. CONDITIONS OF APPROVAL The Planning Director approves this Planned Unit Development Permit subject to the following conditions: 1. Permit Runs with the Land. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. 014637 Mr. Dave Eadie, CEO Rutter/K.W. Kohanaiki, LLC Page 10 June 15, 2006 2. Indemnification. The applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, employees, contractors and agents under this permit or relating to or co�ected with the granting of this permit. 3. Master Plan and Street Layout. The proposed Planned Unit Development shall be developed in a manner as substantially represented within exhibits submitted as part of this Planned Unit Development Permit. . 1 4. Roadway design guidelines. All roadways within the Project shall follow the guidelines incorporated in the Hawaii Statewide Uniform Design Manual for Streets and Highways or the applicable AASHTO design guide for the appropriate design speed. . . 5. Construction Plan Review by Fire Department. The Applicant shall consult with the Fire Department to ensure its conformance with the minimum requirements of the Fire Code. Besides the Department of Public Works and Department of Water Supply, construction plans shall also be submitted to the Fire Department for review. 6. Compliance with other rules and conditions. The applicant shall comply with all other applicable rules, regulations and requirements. Other applicable conditions set forth under the "Approved Variances" section of this letter are incorporated herein as conditions of approval. The applicant shall also comply with the requirements of Change of Zone Ordinance No. 88-159 and SMA Use Permit No. 439. 7. Annual Report. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the Planned Unit Development (PUD) permit. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and/or the Planning Director acknowledges that further reports are not required. 8. rime Extension. If the applicant should require an extension of time, the applicant may request for time extension pursuant to Section 25-6-14 (Time extensions and amendments) of the Zoning Code (Chapter 25, Hawaii County Code). 014638 Mr. Dave Eadie, CEO Rutter/K.W. Kohanaiki, LLC Page 11 June 15, 2006 Should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate the nullification of this Planned Unit Development Permit. Sincerely, AW OPHERLYUEN Planning Director DSA:cd P:\PUD PernW.0061PUD-06000007nreShmaM¢ohmurdAoe xc: Department of Public Works, Building Division Department of Public Works, Engineering (Hilo and Kona) Department of Water Supply Department of Environmental Management Fire Department West Hawaii Planning Office 014639 EXHIBIT E. • C, DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO HAWAII DATE: April 6, 2007 Memorandum TO Christopher J. Yuen, Director Planning Department FROM Galen M. Kuba, Division Chief Engineering Division Gq/ SUBJECT: Drainage Study Review for SMA 03-012, USE 03-002 and USE 03-003 The Shores at Kohanaikl Subd. No. 06-000327 DPW Folder No. 73226 TMK: 7-3-9:003 and 16 We reviewed the Hydrology Study and Hydraulic Analysis for Shores at Kohanalki by Hunsaker and Associates, Irvine Inc. dated January 24, 2007 and are satisfied that the study meets the conditions of the subject permits. We reserve the authority to scrutinize the drainage systems and request further justification or revision should the need arise during construction plan review and project construction. If you have any questions, please call Kiran Emler of our Kona office at 327-3530. KE Hunsaker and Associates, Irvine, Inc. Atten: Allison Lee Nancy Bums, P. E., LLC DPW ENG-Hilo/Kona EXHIBIT F 0 Harry Kim May - October 24, 2007 MEMORANDum COMO of JbafuaH OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT $a W9UUDAW • Wb,H4WW'i 96710.14:4 WIT (:O:) 961.8379 • PAX (:0:) %1-:6:6 TO: Chris Yuen, Director Planning.Department FROM: Edwin S. Taira -ii( _ Housing Administrator SUBJECT: Requests "The Shores at Kohanaiki" Applicant: Rutter / KW Kohanaiki LLC Tax Map Keys 7-3-009:003,016 Ordinances 8e-159 Special Use Permit 439, Use Permits 197 & 198 Edwin S. Taira JAWDJgAdnlairaat r The Office of Housing and Community Development (OHCD) has received final documentation that the subject project has 100 affordable housing credits. These 100 credits satisfy the requirements in Ordinance 88-159, and SMA Permit 439, Use Permits 197 and 198 for up to 500 units as authorized pursuant to a settlement agreement (Bridge Bina Lea v. NHICORAM, Inc., et al. Civil No. 05-1-003). If you have questions or need additional information, please call Alan Rudo at 961-8379. Thank you. C: :Dave Eadie, Rutter Development Kathy Garson, Deputy Corporation Counsel 141ayasr EQUAL HOUSING OPPORTUNITY 'MWArf COUNTYISAN EQU4L OPPORTUNRY PROVIDER AND E WWYEW EXHIBIT G Dr. Paul Romiclahl LOC Na 2005.0338 President and Principal Archaeologist DOC NO: 0502Mkp1 Paul H. Rosandahl Inc, 224 WalanusnueAvenue Hilo, Hawaii 96720 Dear Dr, Roesndahl: SUBJECT: SE42 Hlatords Prosenhallon Review - Sits Preservallon pier, for The Shona at Komnalkl (Roaendshl, December 2004) Kohanalld Ahupui a, Horth Kona 01e1111o6 Hawd'1 Island TMK: (3) 7.7410111:001, 014 Thank you for submitting this Preservation Plan (PHRI Report 2406-120104) for our review comments. Ths pian, which we received on December 17, 2004, Was prepared for Rutter Development Corporation of Irvine, caltmie. The pian addressee preservation measures her fifteen ate$ within the 470 we Kohansikl developnW1 project, which encompasses a residentiaUgolf community, and a proposed shoreline park, Donham (PHRI, 19%) kfendfisd a blah of 1051ndividual archaeologlod atss on the sub)sct property, with an additional ten sites Identified In later ch dlas (Haun and Walker, 1987; OHaro and Rosendahl 1991 b). This plan addressee non -bund preservation site*. There are, however, several burial features situated within preservation vb complexes, but these features are treated under a separate Burial Treatment Plan. The seven site$ irxduded In the Burial Treatment Plan are: Site 19015, Feature a 1907; Feature A; 1909, Features &4.14564 Fealure P. 14571, Feature C; 11584 Feature & and 15137. The preservation ssategles presented in this Preservation Plan will inolude protection and avoidancce for all shas, with site preserved alher •n X1, or with Irdaroredve daveloomant Sites Preservad'As.le" Site 1905: Permanent habitation/ceremonla elle complex with total of elpht lesturee, A•H. FOSA" 0, a bu'fa/, is healed under separate Burial Treebnent Plan. Site 1907: Habitadonipossibie ceremonial complex with told of three features, A -C. Feature A, a burial, is frosted under a separate Burial Treabnent Plan Site 1909: Ceremonial Complex with total of len features, A -J. Fesftr*s B-4 budWs, are beefed under separob burial lreabnent plana. Site 14571: Habitation/possibly Ceremonial lava tube oomplex with two features. Site 14395: Complex Mill fourteen features associated With anchialine ponds RECEIVED FES Z SRO 1$172: A petroglyh (papamu), • �� • U IDA LUMI Of ,MMM "r r F•,T"L MiNe C..I W W A L�WLAi•W'[�fM fA4lYYNd, W'w NRt1�kl�FW�MY"idf DO VA"Dow DfDUTY DMCTM • W ftq, DLWTCA NA•9A *WM06 STATE OR HAWAIInT. O►LAND AND NATURAL RESOURCE! A=NOG,ON A•tCATAPDEPARTMENT aNiw�naeKOuos wcrNrNr,� HISTOR10 PRESERVATION 01VI31ON KAKUHIHEW A BUILDING. ROOM 555 501 KAMOIOLA BOULEVARD KAPOLEI. HAWAx 94707 roAumANDMAnn .uNDouwi`iAwo aumi c„risrD. nary February 22, ZOOS Dr. Paul Romiclahl LOC Na 2005.0338 President and Principal Archaeologist DOC NO: 0502Mkp1 Paul H. Rosandahl Inc, 224 WalanusnueAvenue Hilo, Hawaii 96720 Dear Dr, Roesndahl: SUBJECT: SE42 Hlatords Prosenhallon Review - Sits Preservallon pier, for The Shona at Komnalkl (Roaendshl, December 2004) Kohanalld Ahupui a, Horth Kona 01e1111o6 Hawd'1 Island TMK: (3) 7.7410111:001, 014 Thank you for submitting this Preservation Plan (PHRI Report 2406-120104) for our review comments. Ths pian, which we received on December 17, 2004, Was prepared for Rutter Development Corporation of Irvine, caltmie. The pian addressee preservation measures her fifteen ate$ within the 470 we Kohansikl developnW1 project, which encompasses a residentiaUgolf community, and a proposed shoreline park, Donham (PHRI, 19%) kfendfisd a blah of 1051ndividual archaeologlod atss on the sub)sct property, with an additional ten sites Identified In later ch dlas (Haun and Walker, 1987; OHaro and Rosendahl 1991 b). This plan addressee non -bund preservation site*. There are, however, several burial features situated within preservation vb complexes, but these features are treated under a separate Burial Treatment Plan. The seven site$ irxduded In the Burial Treatment Plan are: Site 19015, Feature a 1907; Feature A; 1909, Features &4.14564 Fealure P. 14571, Feature C; 11584 Feature & and 15137. The preservation ssategles presented in this Preservation Plan will inolude protection and avoidancce for all shas, with site preserved alher •n X1, or with Irdaroredve daveloomant Sites Preservad'As.le" Site 1905: Permanent habitation/ceremonla elle complex with total of elpht lesturee, A•H. FOSA" 0, a bu'fa/, is healed under separate Burial Treebnent Plan. Site 1907: Habitadonipossibie ceremonial complex with told of three features, A -C. Feature A, a burial, is frosted under a separate Burial Treabnent Plan Site 1909: Ceremonial Complex with total of len features, A -J. Fesftr*s B-4 budWs, are beefed under separob burial lreabnent plana. Site 14571: Habitation/possibly Ceremonial lava tube oomplex with two features. Site 14395: Complex Mill fourteen features associated With anchialine ponds RECEIVED FES Z SRO 1$172: A petroglyh (papamu), 0 Dr, Paul Rossndahl Pape 2 Site 15133: Seven peUoglyphs. SHe 15134: Pe0'oglyph. Situ Reauldna Preservation with Intmoretive Develooment She 00002: Mamalstwa Trait Site 14509: Habitation, complex (Feature;A•F, I -K) Site 10.530. She 14U& Habltationfceremonlal complex Sle 14994: Markeraihebltetion features. She 14598: Three calms and circular alignment (Protection and Intarlystailon) She 14611: Habric complex of nine features (Protection and Interpretation) SMa 14628: habilaliankeremoaial complex, (Features A -J) Protection and avoidance Is proposed for all the allot listed above. Avoldanoe arv9 protection WIN include long term and short term ff*=ree. Proposed short term Interim prolection measures for all preserved sites are: • Accurate plotting and locating of all sites on grading plane prior to Initiation of grubbing and grading activities, and appropriate notation included on the grading plans; • Exptict notification of construction supervisors as to the nature and location of the sites, the signitcance of buffer zones, and the color and meaning of buffer zone fenelng; • An on-site pre -construction brisling will be held with the construction firm to assure that the buffen are understood, and • On -aft monitoring of construction grubbing and grading in the immediate vicinity of all sites to be preserved. We believe thew Interim protection measures are satisfactory, but have some comments at the conclusion of tmis ;letter regarding he on-site moniloring. it •� w .. •, �.__ i. MEMO Proposed long lorm protection measures will vary according to each site and consist of a permanent buffer in which no land alteration or development will take place. The buffers vary according to each site and may consisi Of done wall, vegetative, or other barrier demarcation. We have reviewed the long term buffer disianoso and find hem acceptable. SHPD Kona staff Will evaluate and, if needed, field chedt the Implementation of both Interim and final buffers within tM specified project arse for grubbing or grading permits under our review. We are satisfied that a good faith effort has been made to consult with knowledgeable individuate and mauve Hawaiian organitatlons and to solicit their Input regarding preservation of sites In ft project area. 1) Regarding Rutter Development's intent to preserve as many additional sites as possible vAthin the pfojed area, which includes sites not formally proposed for preservation or part of this plan, we applaud the Intent. However, Its practical application will be problematic unless your client intends to implement a decision-making methodology that Includes archaeological input in the field, in coordination with construction personnel. r Dr. Paul Rosendahl Pape 3 0 2) Under proposed short-term protective measures, you refer to'&=rat@ plotting and kx:atlmg of all Preserved sites on grading plans.' We take this to noon only the sgrud•upon preservation Wlss In this plan, and not the'opional, at Ruller Development's dbrnroW preservation rites, The optional preservation altos, or in fact all Wise may certainty be Included, but we wil not be addressing them as a component of our grading or grubbing permit reviews a review of cocroonoo with he plan. any 3) Regarding mob monitor ft we did receive for review an updated Monitoring Plan, Update Addendum: Revised M&ftdng and Miadm Sib Probctyon (Roandahl, July 2004). The addendum contains proposed interim site buffer distances b augment Qk contents of the previously approved Monitoring Plan (Jensen and RosendaM, Febuary 1991:21). However, at that tld lme, we believed that the interim buffers Vdd more appropriately, be presented in the context of a Preservation Plan and not in an addendum to do previously approved Monitoring Plan. The addendum was not reviewed as a res it, and we proceeded with t.o review of this Preservation Ran. The Interim buffae w stated in the Preservation Plan, dwerore, should supersede arty previous proposals and serve as the bufhn during Implementation of the monitoring. 4) Finally, the test In the Preservation Plan on page 9 should be changed to reflect monitoring in accordance with the approved Monflorirp Plan (page 21, 'Monitoring Plan j: MW nohasologlcW moNlorkV crew would normally consist of one person who would be present wait$ at cep times that any construction excavations are In progress in the vicinity of known sites. In general, the archasolopid would monitor on-going activities b protect knows) sites and to examine any possible cultural remains that might be dlsomered.' Please note that monitoring k to be conducted in the vicinity of known Wtea', and not just In proximity to the preserved sites, as you suggest in to Preservation Plan. in fact, it your client wishes to pursue the'preserviltion optionor strategy for additional silos on the property not formally slated for preservation, monitoring deo hoot the protect area It a bow implementation strategy. Provided you vubndt a replacement page to corrscthe text on page 9, the report is adequate b salt* therequirements of HAR 13.277 ands scospied. If you have any questions about this review please contact MaryAnne Maigret In our Hawaii Island office W 327.3690. Aloha, Pl�hon (l.Ox. b . Melsnle A Chiron, Administrator State Historic Preservation Division MM, -Jen C Christopher Yuen, Director, Hawaii County Planning Deperimenl Chair, Newel Island Burial Council EXHIBIT H-1 T V�?Yor N,w1 Harry Kim Christopher J. Yuen Mayas - DI¢clar (9IIliT[ V of Pufunnii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961.8742 June 28, 2004 Mr. Dave Eadie Chief Executive Officer RUTTER DEVELOPMENT CORPORATION 180012 Cowan, Suite 200 Irvine, California 92614-9417 Dear Mr. Eadie: Subject: SMA 03-12 USE 03-002, 003 TMK: 7-3-9: 3,16 Roy R. Takemoto Depaly Dintclor This letter constitutes formal approval of the "Draft Updated Proposed Management Plan for Anchialine Resources at Kohanaiki", dated April 21, 2004, consisting of 20 pages, together with Appendix 1 (56 p.), as required by paragraph 57 of the SMA permit and paragraph 34 of the Use Permit. Sincerely CHRISTOPHER N Planning Director CJY:pak Wpwin60/Chris/Eadie — Dnft Updated Proposed Managc t Plan Ruoureu at Kohanaiki cc: Richard Brock, Ph. D. Ms. Geraldine Bell, Superintendent w/Attachment U.S. Army Corps of Engineers ` Hawaii County is an equal opportunity provider and employer. if ,5,290 EXHIBIT H-2 0 DAVE EAOIE C"'C' Emc41*r/I O"'C69 George Young U.S. Army Corps of Engineers Chief, Regulatory Branch Honolulu Engineer District Building 230, Attn: CEPOH-EC-R Fort Shafter, HI 96858-5440 Chris Yuen Planning Director County of Hawaii Aupuni Cener 101 Pauahi Street, Suite 3 Hilo, HI 96720 Re: Kohanaiki, Big Island Anchialine Resources Dear Messrs.Young and Yuen: 0 August 29, 2007 The enclosed communication prepared jointly by Dr. Richard Brock, Ph.D. and myself concerns the iterative processes that have taken place at Kohanaiki leading to the discovery of new pondstwetlands on the property. We have tried to summarize and put a perspective on what has occurred in the field during construction as these resources have been discovered, as well as to offer further comments and recommendations. We believe it is at least the implicit intent of the regulatory agencies governing the treatment of these resources to require such supplemental information as projects progress. We would hope that the manner in which we have handled this situation will be deemed to have been done responsibly and in accordance with your expectations. Of course, if you have any questions please contact either I or Dr. Brock. Sincerely, r� 00 Dave Eadie CEO RUTTER DEVELOPMENT 18012 COWAN • SUITE 200 • IRVINE, CALWORNIA 92614 • TE,EPHONE (949) 863-1298 - FAX (949) 861-9109 018245 0 40 DATE: 23 August 2007 TO: Mr. C. Yuen, Director Planning Department County of Hawaii. 101 Pauahi Street. Suite 3 Hilo, Hawaii 96720 Mr. George Young US Army Engineer District, Honolulu Regulatory Branch, CEPOH-EC-R Building 230 Fort Shatter, Hawaii 96858-5440 FROM: Dave Eadie, CEO Rutter Development 18012 Cowan. Suite 200 Irvine, California 92614 Richard Brock Environmental Assessment, LLC 1232 Lunalilo Home Road Honolulu, Hawaii 96825 Environmental Assessment SUBJECT: Issuance of Final Anchialine Pool Map for the Kohanaiki Project Site (County of Hawaii SMA Use Permit 03x312, USCOE POH 2004-1084) The locating and delineation of anchialine and wetland resources on the Kohanaiki project site has been a long-term effort due to topography, vegetative cover and difficulty in ascertaining if a given depression meets the criteria of a anchialine pool or not. The USCOE uses the working definition of an anchialine pool as any depression, hole, crevice, etc. that contains water at some stage of the tidal cycle. Thus there are anchialine pools that have water through all cycics of the tide and there are those at the other extreme that may only contain water on the highest of high tides thus appear as a "pool" maybe for an hour or less a couple of times during the year (i.e., during the peak spring high tides). Pools that have these characteristics (i.e., water only a few times during the year) often have little in the way of any soil and/or plant material, so the criteria for wetlands often is not met thus delineation requires one to be present when the tides are at their highest point. 018246 In the original series of field surveys to locate ponds, we located and delineated (i.e., surveyed the pool/wetland edges) for 163 sites. These were numbered on the maps as P-1 thorough P-163. At the end of these surveys, we subsequently found three more locations which were numbered P-170, P-171 and P-172. Each of these sites was given the appropriate buffer. Armed with this information, the planners and architects proceeded with their planning and maps were produced with these entities and buffers plotted. Please note that between the field surveys and the development of maps, some pond numbers were dropped for a number of reasons resulting in less than 166 plotted entities. 1n some cases, former separate pools were mergcd into one and in others, further examination found no evidence of water in a given depression, so that number was deleted. As the project has moved forward, clearing of unwanted alien vegetation has assisted in locating previously unknown pools. Of course during routine water quality field surveys, we have noted the locations of depressions that may be dry at the time but could be a pool during extreme high tides. Commencing in mid-May and continuing through mid-July 2007 we have had a series of exceptional high tides occurring during daylight hours which was the signal to examine known dry depressions as well as look for any new ponds. The results of these field efforts are presented below. Three field surveys were undertaken during these extreme tides; these were done on 30-31 May, 14 June and on 27 June 2007. We were accompanied by a professional surveyor during these field surveys so that known pools could be positively identified (by number) and that any newly discovered pool/wetland area could be accurately mapped. At the completion of each field effort, interim small scale maps were produced which assisted in the subsequent surveys. During these "sweeps" of the project site, all known sites were visited at least once and those where data were lacking, inspections were made to affirm the presence of water as well as inventory the aquatic organisms (species). In summary, the 30-31 May survey noted eleven new pools, the 14 June inspection found 15 additional pools and the 27 June survey located seven more pools. All of these "new finds" are assigned new numbers commencing with P-173. Our total pond count now stands at 196 pools which are delineated on the attached set of sixteen sheets. Inspection of the sixteen sheet map shows pond numbers commencing at P-1 and ending at P-209; there is a difference of thirteen pools from the numbering as it appears on the map to the physical count of actual pools present (i.e., 209 - 196 = 13). These thirteen "missing" sites represent locations were pools were found to not actually occur (no water) or where several adjacent pools coalesce at high tides creating a single pool thus reducing the count to a single pool. Rather than trying to reassign an old existing pond number to a newly discovered pond, we elected to use the next highest number to avoid any confusion in the future. The majority of the anchialine pools at Kohanaiki occur in a "band" that runs from just mauka of the natural shoreline beach rubble berm and continues (at most) about 240 m inland of the certified shoreline with most being within 100 m of the shoreline. Grading has been ongoing on the project site since commencing in September 2005 and it started in the more mauka portions of the project site developing roadbeds and residential lots. Morerecently, grading has been undertaken for the golf course which is in proximity to some of the anchialine pools. Some of the "new pool finds" are immediately adjacent to recently graded areas thus compromising the current minimum buffer of 20 feet. 018247 • If I' It should be noted that the majority of these "new pool finds" are intermittent anchialine pools having water only on the highest of high tides. Thus the discovery of an intermittent pool in proximity to recently graded area is not surprising but makes the maintenance of current natural substratum 20 -foot buffer impossible because some level of grading has occurred. One example of this is found adjacent to P-195 and P-196 where rocks come within 2 in of the pond edges. This is one of two issues raised by the discovery of these new pools; the other issue is with three other pools where grading material (rocks) were accidently pushed into these pools that were then "discovered" after the fact. These three pools are P-194 which lies at the bottom of an — 6 m deep depression where some rocks were inadvertently pus 'ted into part of the depression and the second is P-179 which is a depression filled with alien Christmas berry trees (5chintrs rerebenthifolia) surrounded by open pahoehoe. In this case, some rock material was pushed in along one side of the depression that served to push over the Christmas berry which in tum, exposed the intermittent pool at high tide. Finally grading in the vicinity of P-203 (another intermittent pool) prior to it's discovery resulted in some rock material outside of the current buffer fence burying an estimated 25 cm wide x — 1.25 in long section of the pool. The remaining pool is about 4 in in length and probably about 25 cm wide holding water only on extreme high tides. Needless to say, in these three latter cases, the 20 --foot buffer was compromised. Finally, it should be noted that the rock material falling into P-194 and P-179 has been removed. The maintenance of a minimum 20 -foot buffer has been compromised due to the discovery of these intermittent pools under the current design. Assuming that thi: current design remains in place and the regulatory community would accept a reduced buffer for some of these pools, there are five new pools that are posing design problems. These pdols are: 1. Sheet 5, Hole #14, P-204: Access to the green complex is impeded by this pond's buffer. Any reduction would help this situation. 2. Sheet 9, Holes #15 and #16, P-183: This pond is located in the middle of the cart path from hole #15 to hole #16. Because of this pond, we need to now bridge this area and with the current buffer in place it is a tight area to bring in the equipment needed to develop the bridge. Because of this, a reduction in the buffer area would be appropriate so that a bridge can be installed using the necessary equipment. 3. Sheet 11, Hole #16, P-187: The tees for the par 3 number 16 have to be fitted around the many ponds and archaeology sites in this area. Unfortunately, the current buffer for P-187 would eliminate needed tee space in this area. A reduction of the buffer would allow the fitting of the tee in this area. Par 3 holes require more tee space because golfers hit irons, thus tearing up the turf. 4. Sheet 12, Hole #16, P-190: This pond and buffer has reduced the aesthetics and playability of the hole. Any reduction at all in this area would help the problem, although not solve it and again, since it is par 3, the designers feel that a reduction in the impact of this pondibuffer is important. 018248 0 10 5. Sheet 15, hole #17, P-194: The presence of this pond makes the fairway in this area unuseable. The buffer must be reduced in order to make the fairway work in this area. As it presently stands, this area is now not useable thus a non-functioning area. A reduction in the buffer area would make it at least safe to get a golf cart through this area. Finally, although not one of the newly discovered pools, the buffer for P-122 (Sheet 5, Hole #14) really affects the playability and the fairness of the 14`h green complex so any reduction in the butler would assist in this problem. In summary, if the current approved design for the golf course is to remain in place, a reduction in the buffer zones is needed for the following ponds and reasons: 1. Affecting functionality of the Golf Course - P-204, P-194, P-190, P-187, P-183 (all previously unknown) and ideally P-122 (previously known). 2. Inadvertent Grading in Buffer Zones of Previously Unknown Ponds: P-195 and P-196. 3. Inadvertent Grading Resulting in Rocks in Buffer Zones and in Previously Unknown Ponds: P-179 and P-194 (rocks removed) and P-203 (estimated 0.3 mZ pond surface burial). If concessions were made regarding a reduction of buffer widths, as mitigation the developer could create a number of small anchialine pools in existing buffer areas creating high quality permanent pond habitat in areas where such habitat is presently rare. The locations of these "man-made" pools would be based on (1) absence of alien fish in adjacent ponds. (2) accessibility to equipment for the creation of these pools, and (3) concurrence/oversight by the Pond Manager during their construction. It is proposed that the actual pool surfaces be kept small (l to 5 square meters), be dug far enough into the substratum to contain water during all stages of the tidal cycle (thus are permanent habitat) and that they be placed near the edges of existing pond buffers (with an agreed to no subsequent increase in pond buffer width) to minimize disturbance of surfaces in the existing pond buffers by construction equipment. The actual increase in pond water surface areas would be determined in the field and placing of man-made permanent ponds in areas now heavily occupied by ponds that are intermittent, will foster the survivorship and sustainability of the anchialine aquatic resources on the project site thus enhancing the resource. The proposed mitigation could be a centerpiece for the anchialine pool restoration effort at Kohanaiki. We hope that you concur. Are the remedies regarding buffer zone reductions appropriate given the circumstances? Your thoughts would be appreciated. Thank you! encl. (16 -Sheet Map of Anchialine Resources at Kohanaiki) 018249 PREPARED FOR: BUTTER/KW KOHANAIKI, LLC 18012 COWAIW SUITE 200 IRWN& G 92614 (949) 863-1298 PROJECT: TW BNORM AT NORTH KOK& HAWAR SURVEYED ANCMAL/NE PONDS DATE: 08/00/07 ' SHEET 1 Of 018255 :NAEOLDGICAL SIZE NC. _ DISCREIIDNARY ARCNAEDLDGICAL I BE 1RES(RY SITE NQ ID L X13 �'�-"�f qw r i /_ _ il` E �. / �!.\�.,.-`�-j �^ � �I�\. I � • \�+ ` > � Imo. t � P-14 U DISCRETIDVURY ARCNAEQLOCR:LL SITE- YD °E'PRESERYED - 3. — �•. ' -SITE NO. -14032 -, .'. .!\ /"\. U' —`` ;t',%9 `;r•��'a Noo _a - �r•I� ` '�:- ./i CLQ`` I C�, ��'ir i�4'��y `' ell 106 \s ua\`pi Qzj PREPARED FOR: PROJECT: IM WOM Ar BUTTER/KW KOXANAIKI, LLCM AMW 18012 COMA SURE 200 IRWW CA 92814 SURVEYED ANCMAUNE PONDS (949) 883-1198 DATE: 08/08/07 SHEET 2 OF 16 018256 't' ISL A MLaCICA1 1 `\� . �742gTE TO BUPRESERVED / q F oP- oe - -202 + Fort SDARArc\/fin. ,�,[•% ik P-148 40, �,//// `-.-�G;t'�� %; 1f�1 _•�-� N MA •' i ' n � 1\T/ i /1. �ti.'_#/� �r� c11� �•r V i 1-'a, r.—.�� sJ��+��, �\` � I ;{ �?.. 1=- E� � j .•� .13 f �.. v 1• ` •% ' \ � �j' + �\ , 4 aY I .y •��i � �i / `� Yt�-+t-{/v^,..Y IY , 74 151 t--�•.-�" '�,i ti 'y./ �, ��i -'� E pI/pp •\•1 .F � - � �\.- rte, /:h /i P-201 AUL•.\'v. .' EW ANCNIM/NE.PVNOS _ i 111 I',r.• . �l; pwks l�' .. .�... � ✓.�. ,J \��i ill, �-�I�•-�i q�� 1��" y P-177' PREPARED FOR: PROJECT: irif AVOM AT RUTTER/Kli KOHANALUs LLC NO"N dpi AWAR 1 IRWN& G 926 200SURVEYED ANCIWALINE PONDS (949) 863-1298 ..,.e_ me me rn•f curry a Ar la 018257 49,1 f k. -Tom 707 Nl� P-201 v Z" P- 40 it `d •�\ R�� - l \ i `. pow WOE ;0A P-177 • 64 �. •� TO K `. P-131r,i.�,� ` 137 � '; 0553' 00556, X135 P-179 4,1704,35 s t;00441 \ _ _ .. ;I. •.,..\ 0436 0440 0 ) 0 8447 -*;� ` kll- h.'c n fJ ��'� 3 I :. \ o � t 0 457 ,az•. 456 0458 I a. - %' a 3 =i ,`••�� c 1 456 � d MST.ANCNU�9![ POADS - - - •O fi=r a y 1 0 � 7'Jtl �• ` �' ExW6 ANpHAIM[-Minis ; O m se esrrrmtNl / + PREPARED FOR: PROJECT: 7M AVOM AT RUTTER/KKOHANAIKI, LLC NORM N 1I AWAN 18012 COWAAS SUITE 200 IRWNE" G 92614 SURVEYED ANCMALINE PONDS (949) 883-1298 DATE: 08/08/07 SHEET A Of 18 018258 EXIST. Av�NfCN4vt MiDS ti •iR 62 4 ' �_ ... I EXIST. ANCH61JOUPON63�_.. :1 M BE PRESERVE ', rot P ' �-197 mo n i°�I 4i_ '-� \ _� `��. ``I•.. 1 ' tt F 4.7 P 1 Shy �. I.hi- rid ♦��., 11/�jM'rJ� �f�-. , s�/�1• AI, :."._//J� y�.c� 5'r� �1„ �~ f i'.I `�•�r,i' -P=121''/ ,r;v Fr 7 . r g. 111, 1ZL d `5 ter+ ' 4; • Y �/' iI \ 9141 i'1 �♦v v��'-_� 14 • . ,;1 •.. Si� 1 \ `�!.i \ f�.,l� ��P4 —jr �, EXIST. ANCNGL pl .4 a S�' .�- "•{ �"�` ` \_. �„� . PONDS' TO BE PRESERVED �� • I '- ` Tom` -�;�:�-t P- p s ` C .P=181 r P-101 a'`. • EXIST,`A' • E: PREPARED FOR: PROJECT: 116 WOg AT CHAMAW RUTTER/KW KOAANAIKI, LLC NW� KOM& HAw,U 18012 COWAIX SU11E 200 IRWN& G 92614 SURVEYED ANCH/AUNE PONDS (949) 863-1298 _ -- -- '-- '-- - -- -- 018259 �yw�f/ �, {• '.V V tk V. Pffli • of i � J J J � , / �� ( \�. EXIST. ANCH/Al1NE - ' ,Y ,9e./ �✓ 7;� \\ \Ji; ia:\.�. PONDS TO ff •,PRESERVED ��P180 1!99Duck % 9 . ... P-101 .A40WEOLaXLIL ua4l6.' p�P-102 , '�' ;. -103 DIWAMONARY ARCNA[0t6gXAL SITE 208 n s/1c.Na uAo�i}�1_�'�6- P=104 P-106„ , J r� Toa z t t\ x PREPARED FOR: PROJECT: 7m MOMM Ar BUTTER/KW KOHANAIKI, LLC AMM � HAWAS 18012 COWAN, SUITE 100 IRVINE: CA 92614 SURVEYED ANCMAUNE PONDS (949) 863-1298 GATE: 05/08/07 SHEET 8 OF 16 018260 .', AN �P-182' °p°n� -C I .10 p-206 �/ AM P 104 P-106. -%:• 306o307 •._ �' J _ /�'' ... e 0304 328 0.50 �303 301 °323 a 3 292 i ', `'/ � ' • � 287000 2860 o 2P3 ' 281 o l3w.. A NACC • 'Y \` TO I 1. ' J PREPARED FOR: PROJECT: T SHOM AT KOHAMAM RUTT'ERIKW KOSANAIMs LLC NMTH KONA, HAwA1 I80ICOWAN,92614 "T20o RWNE. SURVEYED ANCHIALINE PONDS (949) 863-1298 -.-- -- ,-- ,-- - -- - -- - 018261 L .... ...... DW, AAM A' RBWML— -A TO ----------------- ....... p zw P-78 9.3 71. a A 76 4 77, PREPARED FOR: PROJECT: IM AVOM AT XONAMMa RUTTERIKW KOHANAIKIs LLC NORTH KOMOL MWAR 18012 COWM SUITE 200 IRWN& N 92614 SURVEYED ANCMALIME PONDS (949) 863-1298 DATE: 08/08107 SHEET a or 18 018262 i/fir f \ moi;, ill+l. ! lN _.i.y4,7, D/SCREROHARi � �•+' ARCHAEIXOGMAL 511E � � r � :. ,. '-•• ` � r �. r �� \ y' : SITE N0. 11399 � } � ) '1�- `�. � '`•� kms` ' L'a Ext wx v,\ x , �x 1 _ '�4''h'' r. ufL�, r Al •� � -.L :r \ � �� . . 3 !,�`"�"''`-rpt 3 -,. ' i iw `. o I� � -. ti� l 1 _:' \ '4 r a i �� v�_ ��`\ \ \ it )L r �_• . 4 t✓:�9JI dor 1/1 rilsalwg�; 000or�./. yid .,., ;� � , „� �i `-�'�_`•� ,� ..�✓, I/,� v 0 x \ �� :\ver�� EXW,,) Mt n.: PREPARED FOR: PROJECT: SAT LC J to WAR RUTTER/KW KOXANAIKl, L Noatnr Ko�u. 18012 200 nrvE 92614 SURVEYED ANCHIALINE PONDS (949) 883-11118 DATE: 08/08/07 SHEET 9 OF 18 018263 u .T. i ��` , P- CSHE`ia rr`Aw (J laa�ra,;suu►E° j /,, I" !"At i. 1' •rt P- 4 x P-72 Q� >o K C W . /ONO! Ta�prPREUM i •• EXIST. A�N�C�Naavcor�lns P-56-r TO ar�" .� ----------- so i • '••'s'r w�a • • • „ Aw / wnrrcr >M � • • 07, vu� _ S �• • .• do i1r7• M • • - ... .. ,108 _ - u SITE NO. ISIJ!00 .. W O IAM� PREPARED FOR: PROJECT: IM MGM AT MAW RUTTER/KW KOXANAIKI, LLC O �MA, HA WAR 18012 COwAIX SUITE 200 IRNN& CA 92614 SURVEYED ANCMAUNE PONDS (949) 86J-1298 DATE: 00/00/07 SMEET io Or to 018264 gam.; 1 rxiss ro a�Rpcsca►�o �O�C�H�A�E� P -U' 1 ''AIRiIPi x�. `L \`� % •i � < I/ / 1( �I . In ; cY � ', � �, J t �=,�� l;� � Y jr� ��" 1 i)' - �: �.'• J< ��• ' I jam. �i �, % 5.3 x' / 1 Em -Pl \1 A l .';V\;tN Sze` 10 � ..•"•�T+Y" ,� , �l �� "S;: Pte..- / � - �•� /. �'�\l P -i J pl L . - -Y3 • O PROJECT: IM AT KOHAMAW PREPARED FOR: RUTTER%Klr KOHANAIKI, LLC NORM KG" HAwAN 18012 CM SUITE IRNN&G 9261 200SURVEYED ANCMAL/NE PONDS (949) 863-1298 DATE: 08/98/07 SHEEP 11 OF 16 ii 018265 ti S. ,uxwwiN6 &'Ol+n3!` ✓ Is, i) K NPESEM. . `• p SMI V1 O PROJECT: IM AT KOHAMAW PREPARED FOR: RUTTER%Klr KOHANAIKI, LLC NORM KG" HAwAN 18012 CM SUITE IRNN&G 9261 200SURVEYED ANCMAL/NE PONDS (949) 863-1298 DATE: 08/98/07 SHEEP 11 OF 16 ii 018265 PREPARED FOR: PROJECT: TM SHO1 Ar RUTTER/KKOHANALUs LLC tM j � H E' AWAR 18012 80 IRWN& G 92614 SURVEYED ANCMAL/NE PONDS (949) 863-1298 n1Tie n8/ns/A7 curer .e ne u 018266 i ARCHAEOLOGICAL SITE C: TO SITE PO. 1 9:' . � •,.`-� P'192 - AARCNAEOLOGICAL SITE ) - SITE NO. 11SR9 D75CRElI0NA1PYl n.9,� .' •• - \\.�l.A. to or PRES&WR SITE NO. 1900 DIscNETI0NARr Irl, 0 0 \ „x Ir O O I�\' •\��\��•�-.''air � ?'��?�F O _o No - 0 ,v a O PREPARED FOR: PROJECT: TM WOFM AT RUTTER/I-W KOXANAIKI, LLC IYo1:'171 Kaw, HAWAN I8012 COWAN, IRVWE, 04 9261 200 SURVEYED ANCHIALINE PONDS (949) 883-1298 DATE: 08/08/07 SHEET 13 OF 16 018267 c �� E1/3T. WELL �. COE@ — �.. -.,1 ..� •�" d � ism T \ ✓' i i 77 i;p 71 IV rr-r rTTi rTTiTT1 off. P-28" g ---a �R2i *• .4_ '_.' wpi!en�ee7wi mE i kh,: PREPARED FOR: PROJECT: "E MOM Ar RUTTERINY KOXANAIKI, LLC MMM� HA WAR 18012 & CAA 2s + SURVEYED ANCMAL/NE PONDS (949) 883-1298 DATE: 0E/08/07 SHEET 14 Of 16 018268 P-208 / Exrsr. Awcnuurrc vorm% c ` 4 TO ee C t�,'\ .. ) I ice`. � �.Vy �� r\ /,•!-/�� l\• � .l./ `Ut .Y .... \ v pil I'I •\ Y: '-_+_� .r `� , Kms_. Wl ��. , 1 1 td Y. t�[•i,,Jt' \�s •. �' �'i l .r.`--q-T-n-�' �_v114 '� v� \\v' ,_.. �--.71 ^•�/// � 'F- "~•�� i `! �,, , tf lY,,,,'`. .,� �• i. _1" �.� 9 'a� 07 iL ,mal �1`` ��, i 2. . / .•— /j �. PREPARED FOR: PROJECT: IM SHOM8 AT KGHAMA R UTTlR/KW KOXANAIKI, LLC NOM KKCNA HA WAR reot;9WA& CAA SURE SURVEYED ANCMALME PONDS (949) 863-1298 ... I.. /n. • e Ar . e 018269 IIClM1YIK.f011r• 4�71[NO.,I��`I PRl5EAR11{{44 l_ �i / T-1Nor i _ _ .1; . � ; •'lam 11 � ��Q9 :. /-'.. `_ . BE PRfSERYED A1'": I P x SRE NO. I!D¢•� / pON4l,. '(S//r,.11 1 �• i 5 )} w� ; -�.,, % 4 v..i: •�`'L.. .'� .. '�1. •"lid, ?,`'i 11. r : ; �:•.� • j -P-2 .6� o •\\_�„ _. ZNCHG E POND 6 .. DISCRETIONARY �\ � .'� .. :�•� :.. .� i _ _ ARCNAEO(OGICAL SITE��1�;'7 TO RE PRfSERYEO� ' . 1 t' \�.. � � t-+.. • ''` / t� 1, SIZE N0. 11617 �J •, i \0+i` c ,^, •• ��/ �'y•'�� 0D15CRE110NApY"� \/I 5,s. �We Two OKE , OIN 11>1 SRE Na IIfIQ •� :,/ . O. EXIST. ARCNAfOL0a" S/1f - 'O M'K PRLSERVED �'. ' • I • n PREPARED FOR: PROJECT: nM MOM AT BUTTER/KA' KOHAXAIKI, LLC MMM � HAWAR 18012 COWAN, SUITE 200 IRWN& G 92611 SURVEYED ANCFIIALINE PONDS (919) 883.-1298 OATS: 0e/06/07 sNErr to or 18 018270 yy,�yy,, • DEPARTMENT OF THE ARMY• • �`�/R U. S. ARMY ENGINEER DISTRICT, MONOLULU R. SMAFTER, HAWAII EEESE•EMO nerLrro January 28, 2004 i ATTENTION OF i Regulatory Branch Mr. Richard Brock, Ph.D. Environmental Assessment Co. 1820 Kihi Street Honolulu, Hawaii 96821 Dear Dr. Brock: Thank you for the extensive information you provided with your letter of December 5, 2003, and at the meeting on December 15, 2003, concerning the environmental resources at the Shores at Kohanaiki, North Kona, Hawaii. The material concerning anchialine pools was particularly valuable. We look forward to working with you to determine Department of the Army (DA) permit requirements for the project and the anchialine pool restoration. Bill Lennan and Farley Watanabe have been assigned to this project, File Number 200400012. You may reach Bill Lennan at 438-6986 or FAX 438-4060 and Farley Watanabe at 438-7701. Sincerely, George P. Young, P.E. Chief, Regulatory Branch 018271 EXHIBIT I KOHANAIKI PUBLIC ACCESS PLAN TMK: 7-3-09:3 & 16 North Kona, Hawaii Rutter/ KW Kohanalkl, LLC zoos *25W 014551- 1 1.0 Introduction i Rutter/KW Kohanaikl, LLC ('RDC'), is the owner and developer of the development at Kohanaikl, North Kona, Hawaii. This 'Public Access Plan' is prepared in accordance with Condition No. 53 of the County of Hawaii's approved Special Management Permit No. 03-012 and Use Permit Nos 03-002 and 03-003 and the State Land Use Commission Condition No. 2 (LUC Docket No. A88-599). The proposed development Involves two privately owned parcels of land; an approximate 7.75 -acre °access parcel' situated between the Queen Kaahumanu Highway and the Mamalahoa Trail, and a 440.40 -acre contiguous parcel of land makai of the Mamalahoa Trail. The proposed development envisions committing approximately 109 acres make] of individual homesites closest to the ocean for use as public and private open space. When combined with the existing public shoreline acreage, the total open space area will be approximately 128 acres. A plan of restoration and preservation of the coastal frontage evolved as the site plans were refined to respond to County administration and staff, other regulatory agencies, and community comments on the original design. This area of open space includes a proposed voluntary transfer of private property for private and public open space use. 2.0 Location The approximate 448 -acre project site Is located within the makal reach of the Kohanaikl ahupua'a, in the North Kona District on the leeward coast of the island of Hawaii. The site is approximately two miles south of the Keahole Airport and flue miles north of Kailua-Kona, the principal town in West Hawaii (Exhibit 2-1, Regional Location). The site is bounded to the east (mauka) by an undeveloped 92.86 -acre parcel adjacent to the Queen Kaahumanu Highway, to the north by the makai reach of the 'O'oma 2 ahupua's, and to the south by the Kaloko-Honokohau National Historical Park (NHP). Mauka of the NHP lays the Kaloko Industrial Park consisting of 194 fee- simple one -acre Industrial Iota, about 0.75 miles southeast of the project site. Just to the south of the Industrial park are two quarrying operations. Beyond the NHP to the south lies the 250 -slip Honokohau Small Boat Harbor operated by the State Department of ,Transportation Harbors Division. South of the Harbor Iles the State-owned Kealakehe tract. A County regional wastewater treatment plant (WWTP) is located In the coastal area of Kealakehe. 425M 014552 Above the Queen Kaahumanu Highway some 2.5 miles south of the project site is the Villages of La'1'opua residential community. Much of the backbone Infrastructure has been constructed by the State, and Hawaiian Homelands has developed 225 single family residential lots. The Kealakahe High School has also been constructed. The county police station and the Kealakehe Sanitary Landfill are located at the southwest comer of the Kealakehe tract, adjacent to the Queen Kaahumanu Highway. The Natural Energy Laboratory of Hawaii (NELHA) and the Hawaii Ocean Science Technology (HOST Park), operated by the State of Hawaii, are located to the north, between the Keahole Airport and the project site. The two facilities are involved in the research and commercial application of alternative energy systems, aquaculture and related fields, utilizing deep ocean water pumped ashore via offshore pipelines. Above the Airport to the north lies the Keahole Agricultural Park and the Hawaiian Electric and Light Company (HELCO) power plant. To the west fronting the site is the Pacific Ocean. Two named coastal promontories are located along the coast; Puhill Point at the northwest comer and Wawahiwaa Point near the middle of the project site. The project area consists of two parcels referred to for taxation purposes as (3)-7-3-09:3 and (3)-7-09:18 (Exhibit 2-2, Project Location). The major parcel is 440.40 acres in size while the smaller access parcel is 7.75 acres In size for a total project area of 448.15 acres. The two parcels are separated by the Mamalahoa Trail contained within a State-owned right-of- way. 3.0 Existing Public Access Currently, public access to the shoreline Is by one of two jeep trails. The primary access extends from the NEHA/HOST Park access road alonga coastal trail fronting the adjacent O'ome II property and enters the proect site at the northwest comer. Secondary public access is by a rough jeep trail extending down in the vicinity of the northern property line, on the O'oma li property, directly from the Queen Kaahumanu Highway. This trail connects with the NELHA/HOST Park trail near the northeast comer of the prosect site. There is no documentation of public rights to use this mauka- makal leap trail. From this point, a single jeep trail extends along the entire coastal frontage of the project site. The coastal leap trail is approximately on the alignment of an older pedestrian trail from the awailan period. 4.0 Circulation / Access Plan Both public and prNate access to the property will be via the Queen Kaahumanu Highway and wilt traverse over the Mama Trail. Public access to the project site will then continue north and west along the periphery of the project site to the coastal edge. At this point, the roadway material may no longer be asphalt Surface treatment that will produce a more natural effect, such as flat lava 'bricks•, 014553 faux lava (stained and textured concrete) will be considered instead. Parking spaces M be constructed at intervals along the roadway paralleling the coastline. Akxxrss wig be open at all times, or controlled, as deemed appropriate, by the future public or quasi -public owner. After the opening of the new mouka-makal public access road from the Queen Kashumanu highway, the access road from the adjacent Obma property will be dosed to vehicular irafgc, but will remain open for pedestrian access. A gate or other banter will be constructed at this northerly property line once the mauke- makat access road is available. Pedestrian access will continue along the shoreline from the Obma border down to the Kaloko-Honokohau Park. This trail will generally follow the path of the existingsep trail. In recognition of the popularity of the area In and around "Pine rees" beach, the proposed development includes enhancing the public accessibility and use of the area in a safe, convenient and environmentally sensitive manner. The proposed public park is located centrally along the shoreline. A "drop off" zone is provided close to the central beach area to unload picnic and beach a uipment. Approximately 121 public parking spaces are placed in small pockets along the beach access road to provide convenient vehicular access. Vehicular traffic will be not be available after this point Only a pedestrian footpath will continue south to Kaldro- Honokohau Park. Private access to the proposed development continues westerly of the Mamalahoa Trail past an attended ktosWgate entry into and around the residential community. A Conservation District Use Application (CDUA HA -3124B) has been approved by the Board of Land and Natural Resources. The proposed Improvements across the approximately 30 -foot -wide trail include either one 24 -foot -wide roadway or two 12-11oot-wide roadways separated by a median. Access routes are shown on Exhibit 4-1. The proposed roadway system within the project site will be composed of the major entry road, the secondary entry road, and collector roads to and within residential areas. The proposed Roadway Section are shown on Exhibit 4-2. Private access within and externally to the proposed development will include resident cart paths, which will have connection points to the Public Park 5.0 Public Park A significant amount of the proposed site will be retained in open space in a variety of forms. The 128 -acre coastal park will be a major open space element. The coastal setback and the anchialine pond resources will be maintained as open space with selected pond areas utilized as interpretive features. A number of important historic sites indicated for preservation within the subject area will be protected with apTpropriate buffer areas which may, where appropriate, include interpretiva/educational exhibits. Open n1dAAA space/resource preservation components are discussed below in more detail, and are summarized in Exhibit 5-1. State-owned land exists along the coast, makal of the pending certified shoreline, which will remain In the public domain and comprises a component of the coastal park. The 210 -acre golf course will enhance the open space within the mauka areas of the site. One hundred twenty-eight acres makai of individual homesites closest to the ocean are proposed for use as public and private open space, parking facilities and access routes. The coastline area within Kohanaiki Is presently without any permanent sanitary facilities and is only accessible by 4 -wheat drive vehicle or a lengthy walk over a rugged jeep trail. In recognition of the popularihr of the area in and around "Pine Trees" beach, the proposed deve�fopment includes enhancing the public accessibility and use of the area in a safe, convenient and environmentally sensitive manner. The proposed public park Is located centrally along the shoreline. The park is accessed from the north on the proposed public road system along the North property line. A "drop off" zone is provided close to the central beach area to unload picnic and beach equipment. Approximately 121 public parking spaces are placed in small pockets along the beach access road to provide convenient vehicular access. Proposed Improvements include showers and toilet facilities. Restoration by the property owner Includes several components. In addition to general site ctearwp, preservation of numerous archaeologlcal/historkc sibas (see Section 5.10 of the SMA Application for further details), and restoradon/preservation of the vast majority of onsite anchialine ponds (see Section 5.8 of the SMA Application for further details), Including enhancement and Interpretive programa (signage, explanatory brochures, etc.), will be included. The concept for the open space component of the proposed development includes a voluntary commitment an the part of the property owner to transfer acreage into the public domain as permanent open space, which, when combined with the public beach, will total over 128 acres. Permanent open space within the project site will betransferred to a public or quasi -public entity once Improvements aro completed. The ultimate park ownership entity will have an easement from the property owner for water and sewer services to the restroom facility. The property owner, and its successors, will have an exclusive easement for the construction and use as a golf course within certain portions of the permanent open space area. The property owner and its successors will also have an exclusive easement for the construction and use of a residents' beech facility and residents' cart pathss//pparkingg within certain portions of the permanent open space area (see Exhibit 3-5 of the SMA Application: Public and Private Easements). While the golf course, the residents' beach facility and the golf cart paths will be maintained by the homeowners' association, the balance of the open space component will be maintained by the public and/or quasi -public entity that will ultimately have jurisdiction of the open space areas (Exhibit 3-8 of the SMA Application, Public and Private Maintenance Responsibilities). An Advisory 40sea 014555 ... a s committee consisting of both community members and residential owners in the development will be formed to advise regarding the operation and maintenance of the public park. The maintenance and management responsibilities are outlined in the Good Faith Agreement, as well as Condition Nos. 12 and 18. it is anticipated that the County of Hawaii will have jurisdictional responsibility. 8.0 Archaeological Sites I Cultural & Traditional Practices Kohanaiki has a number of unique environmental and archaeological resources within the coastal areas of the site. As part of the Use Permit Petition, both cultural studies and many archaeological studies were conducted. The findings are found in the appendices of the SMA Permit and are incorporated by reference. 7.0 Signage and Related Improvements Directional signage at the entrance to Kohanaiki from the Queen Kaahumanu Highway will be provided. Visitors to the Kohanaikl Public Park will be directed towards the mauka-makai vehicular access road to the north, while residents will be directed into the residential development A signage plan will be completed in conjunction with the Improvement plans. Archaeological and cultural Identification signs and programs will be Included as part of the Public Park working drawings with Input from the Kohanalld Cultural Committee. 8.0 Security and Hours of Access The management of the Public Park is through the owning public agency; in conjunction with the Kohanaiki Advisory Committee. The conditions of the SMA permit allow public access to the public park from 5:30 a.m..to 9:00 p.m. daily, unless otherwise restricted by the public agency. Camping and access for night fishing shall also be available through a permit system managed by the public agency. After the opening of the lateral public access road, the existing coastal jeep road shall be closed to general vehicular traftic, and shall be a pedestrian trail. 9.0 Sample of Signage Exhibit 9-1 is an example of directional signage demonstrating the information that will be displayed. The finalized artwork will be completed closer to the time of installation. 425W 01ASSA EXHIBIT 4.1: ACCESS ROUTES n1AS57 Exhibit 42: Proposed Roadway Sections r ,pilin r raw r,114. p... w. W POR MAIN ENTRY / LOOP ROAD Dart aav 1p.lY Tpp0 1A. U1. ao.,t GOLF COURSE ORNEWAY ga �i pOprlYl pfpE.pM . rpra *w,tt uw uw Eft INTERIOR RESIDENTIAL STREET 1p4Q 1pplt 1W Nr pA..t COASTALACCESS ROAD 014558 I Exhibit 6-1: Coastal Park 5c� ,4 014559 Exhibit 8.1: Signage Sample THE SHORES AT KONA COAST, HAWAII M MACCA 0 THE SHORES AT KONA COAST, HAWAII M MACCA EXHIBIT J 1 LINDAUNGAA F 0040" OF WMM Richard Brock, Ph.D. Environmental Assessment Company 1820 Kihi Street Honolulu, Hawaii 96821 Dear Dr. Brock: 1+1 • . STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 7778 HONOLULU, HAWAII 98801-3778 January 11, 2005 0 CHIME L FOKM. K0. OFIEaOR OF HFµ7H 01023MWO.05 Subject: Revised Proposal to Monitor Ground and Coastal Water Quality for the Proposed Shores at Kobanaiki Development, North Kona, Hawaii, and Proposed Water Quality/Salt Pan/Marine Life Monitoring Program for Kaupulebu Lot 4-A, North Kona, Hawaii We are satisfied with your revised monitoring plan for both the Shores at Kohanaiki and the Water Quality/Salt Pan/Marine Life Monitoring Program at Kaupulehu. We look forward to receiving your monitoring reports and would like to be notified if any unusual events occur during your monitoring activities. The Kona-Kohala Chamber of Commerce is very much interested in developments planned along the Kona•Kohala Coast and has partnered with the Clean Water Branch in the protection and enhancement of natural assets of the Kona-Kohala Coast. If we can be of further assistance, please contact the Clean Water Branch at 586-4309. Sincer y, A;L1AUZ,"P/E, D CHIEF Clean Water Branch WTO:rg AL ASSESSMENT CO. 1820 Kibi Street Honolulu, Hawaii 96821 30 October 2003 Mr. Denis Lau, P.E., Chief Clean Water Branch Department of Health P.O. Box 3378 Honolulu, Hawaii 96801-3378 SUBJECT: Revised Proposal to Monitor Ground and Coastal Water Quality for the Proposed Shores at Kohanaiki Development, North Kona, Hawaii Dear Mr. Lau, i I certainly appreciate the rapid response regarding the submission of a draft water quality . monitoring plan for the proposed Shores at Kohanaiki development. I have incorporated most of the comments into the enclosed draft and respond below to your comments as welt I believe that the present revised plan is much better and more complete with the incorporation of your comments. I sincerely appreciate your time and thoughts on the project. Below are your comments and responses to them. I A. General Comments I Comment /a. You pointed out that West Hawaii Coastal Monitoring Protocols (hereafter the "protocols") were developed to meet the needs of a consistent regional data base for water quality and marine life monitoring. Furthermore, the protocols embodied the concept of regional characterization rather than detailed effort for specific projects. ' Response: Towards meeting the goal of a more regional characterization of coastal water quality, we have expanded the scope of our proposed monitoring plan to include sampling of marine waters offshore of Wawaloli Beach located at the southern end of the NELHA parcel as well as offshore of Kaloko Fishpond which is in the Kaloko-Honokohau National Historic Park Park. The Kaloko marine sampling transect is located about 0.5 km south of the southern boundary of the Kohanaiki project site and the Wawaloli Beach transect is about 1.3 km north of the north boundary of the project site. We will use water quality data from these two locations as 006065 0 0 comparative controls; these data will also assist in addressing the status of water quality along this —3.7 km section of the West Hawaii coast. These additional sampling sites and the concept of a more regional approach to monitoring has been incorporated into the proposed monitoring plan. Comment !-b. You note that we should be using and referring to the 20m edition of Standard Methods and that the field sampling of marine waters should follow the Guidelines and HAIL Chapter 11-54 [11-54-06(d)(1)(iii)]. Response: We have made the appropriate changes regarding the use of the 20° edition of Standard Methods and those will be followed. The proposed sampling design (i.e., locations of stations and frequency of sampling) follow the Guidelines and HAR 11-54, You will note that in our marine sampling program we have added bottom stations at 10 m and 50 in offshore as well as another surface station at 200 in offshore. The bottom station data do not enter into any calculation of geometric means, the determination of standards or with the meeting of those standards. The bottom stations were added to provide better definition of source(s) of ammonia nitrogen which as you know can be generated in situ and the 200 in offshore surface station provides a more complete picture of the dilution/advection/uptake in any surface gradients of concentration from materials entering with groundwater. We have incorporated this material into the proposed monitoring plan. Comment 2. You note, "As stated in the Guidelines, the program is designed to describe existing conditions. Quarterly monitoring was proposed to meet this goal. However, the Guidelines also specified that 'Catastrophic events and proposed coastal development projects may require more frequent data collection and analysis.' The proposed Shores at Kohanaiki project is a low density golf community development. More frequent data collection shall be considered and required in the monitoring plan." Response: We have changed the monitoring schedule from quarterly to bimonthly (i.e., once every other month) for the baseline period. Please note that we have included a mechanism (a rainfall trigger for sampling) that requires sampling immediately following any rainfall event of 1.5 inches or more in a 24-hour period. This sampling following high rainfall is the primary "catastrophic event" that could cause materials to enter groundwater, anchialine pools or the marine environment. An analysis of rainfall as measured at the Kailua-Kona Keahole Airport over the last I 1 years suggests that a 1.5 -inch in 24 hours rainfall occurs on the average about 1.5 times per year. We will use the Keahole Airport data which is updated on the web every 12 hours as our primary source of rainfall information. This has been incorporated into our proposed monitoring plan. The US National Park Service will be establishing an automatic rain gage at the Kaloko-Honokohau National Historic Park adjacent to the project site in the future. At that time we propose to use their data as our primary source of information regarding local rainfall. Comment 3. Quarterly pre -construction sampling events are proposed at least one year prior to the start of construction. These data will provide the baseline information on existing conditions. You note that, "the adequacy of determining the existing water environment at the I selected sites with only four sets of data needs to be re-evaluated." Response: As noted above, we fully agree with this comment and are now proposing to carry out six routine monitoring surveys per year plus any that might be triggered by a high Irainfall event (1.5 inches in 24 hours) during the baseline period. This has been incorporated into the pi oposed monitoring plan. Comment 4. `There are only two upstream groundwater monitoring wells (North' and South of the project boundary) proposed (see p8), not four as indicated on page 12 of the Monitoring PIIan. Written clarification is requested. In addition, the adequacy of selecting only two upstream groundwater monitoring wells needs to be re-evaluated." Response: The author's first thought was that four inland groundwater monitoring wells uld be appropriate but comments from a professional hydrologist (Mr. Tom Nance) who will ually determine the exact placement of the wells suggested that two wells would be completely ;quate. The author had not totally revised the proposed number of wells throughout the first A. The present revision has noted two proposed wells to be located by the hydrologist. Please to that these wells are for groundwater monitoring only. Comment S. "There are no post -construction sampling events proposed to detect potential Id use changes related impacts to the receiving State water quality (including groundwater, :hialine pools,. and marine environment) resulting from the proposed development project." e: The revised draft monitoring plan calls for water quality and anchialine pool to continue through the during construction process and for a minimum of two years uildout at which time the regulatory agencies, environmental monitor and the would mutually determine the need for the continuance and level of effort for the t is expected that the post -construction monitoring schedule wilt be on a quarterly ni 6. "As specified in HAR, Subsection 11-54-05.2, '...Natural freshwater lakes, t, and anchialine pools will be maintained in the natural state through Hawaii's'no policy for these waters. Waste discharge into these waters is prohibited (see paragraph ))(I))•' I Any waste (including chemical waste) reaching anchialine pools through surface runoff or roundwater due to the construction, operation , or maintenance of the upland development ctivities such as from the application of fertilizer, pesticides, herbicides,... etc. shall be prohibited. ampling data collected at anchialine pools showing'significant deviation (see PA)' from the aseline constitutes violation to the HAP, Chapter 11.54. 1 Marine waters fronting the project site are classified by the Department as 'Class AA, Marine iters'. It the objective of class AA waters that these waters remain in their natural pristine 006067 0 0 state as nearly as possible with an absolute minimum of pollution or alteration of water quality from any human -caused source or actions. To the extent practicable, the wilderness character of these areas shall be protected. Sampling data collected at (in the) Marine environment showing `significant deviation (see PA) from the baseline constitutes violation to the HAR, Chapter 1I- 54." Response: The above comments are recognized and are implicit through the entire proposed monitoring program. The sampling strategies proposed in this program are designed (to the author's best ability) to address these concerns. Any further improvement to the sampling design or analysis that could be suggested is welcomed. Comment 7. "Water quality data is to be reported to the CWB in a manner that is compatible with the USEPA STORET system and State GIS. Water quality parameters are to be reported in both molar and gram (mg, ug, I, mm, ... etc., see p.29 of the Guidelines), instead only in molar as proposed. A quarterly water quality report shall be submitted to the CWB. (Please see pages 14 and 15 of the Monitoring Plan)." Response: The data presented in our monitoring reports will be compatible with USEPA STORET and all data will be identified through sample locations (given in latitude and longitude) as well as by sample time period. This will make the data compatible with the State GIS system. We expect that the Clean Water Branch (CWB) will want these data in electronic format as well as in the usual monitoring report. We propose to provide these data in electronic format annually to the CWS and expect to provide these data in gram (mg, ug, I, mm, etc.) format as given in the Chapter 11-54 standards. These changes have been incorporated into the revised monitoring program. Comment 8. "There is no discussion on whether the monitoring plan complies with HAR, Paragraph 11-54-03(d)(iii) requirements which states in part, '...this sampling protocol shall be replicated not less than three times on different days over a period not to exceed fourteen days during dry weather conditions." Response. We assumed that the first bimonthly sample period would entail the three surveys carried out over a 14 -day dry period. The revised proposal now explicitly states that this will be done. However, we expect to not only use the data from the first three surveys (done in the 14 - day period) but also all data collected on a bimonthly (i.e., once every other month) schedule as well as any data collected following a high rainfall event (i.e., 1.5 inches or more in a 24-hour period) that is completed prior to the start of construction. Thus with a one-year period to collect baseline data, we will have, at a minimum, data,from seven surveys which far exceeds the baseline database for most water quality monitoring surveys. Comment 9. "Please describe which regulatory agencies will approve the 'pond management plan'? We recommend that the concrete support be placed outside the anchialine pools. If a pool size renders the construction of the concrete support impractical, prefabricated concrete piles shall 4 be used." Response: The pond management plan will be sent to the County of Hawaii Planning Department and the US Army Corps of Engineers for their review. We expect that these agencies I ill request the US Fish and Wildlife Service and the Hawaii State Department of and and 1 atural Resources to also review the draft pond management plan. We appreciate the advice concerning the use and placement of concrete support materials in the proximity of the anchialine P ools. Comment 10. "The black and white photographs of the anchialine pools were not, labeled, therefore, they could not be compared with the coordinates submitted in the SMA aplication." Response: The black and white photographs submitted to the developer for inclusion in the SMA application were hand labeled with each pond number placed on each photograph. If needed by the Clean Water Branch, we could hand label each of the photographs currently in the possession of the CWB. Comment 11. "Please describe what types of Best Management Practices (BMPs) or measures, that the developer proposes to use, could "prevent' potential contaminants from entering groundwater, anchialine pools, surface waters and ocean? (See p5.16 ofthelSMA Response: The author is not the golf course manager, but some of the BMPs thatlwill be used lude the regulations and guidelines (as administered through the Department of Agriculture) ;arding the storage and dispensing of fertilizers and pesticides. Other BMPs include using terials (pesticides, fertilizers, etc.) on an "as needed only" basis rather than on a predetermined iedule. If in excess, irrigation water could leach and tarty materials from the golf course to the rundwater; anchialine pools and ocean. Thus, golf course irrigation will be applied based on ly measurement of water retention in the soil, which avoids over -watering and the possibility of thing materials to the groundwater. These are among some of the BMPs that will be followed. Comment 11. "There is no justification on why Ciguatera Monitoring was not proposed." Response: A justification is presented in the revised monitoring plan. j Comment 13. Please advise whether the total size of the project site is 448 acres (see Table 1 of the SMA application or the 541.1 acres (see table 3-1 of the SMA application)." Response: The total size of the parcel to be developed is 448 acres and the 541 l acres ludes the additional lands between the Kings Trail (which defines the mauka boundary of the )ject site) and the Queen Kashumanu Highway. This additional area is 93.1 acres. tt.t.• 0 0 B Permitting Requirements Comment 1. "An individual National Pollutant Discharges Elimination System (NPDES) Permit is required for the project construction activities. NPDES General Permit (GP) is not applicable to this project for the following reasons: a. Anchialine pools shall remain it natural state, waste discharge into Anchialine pool is prohibited ((11-54-05(1), Section I.e of the GP, Appendix C.] Waste discharge into anchialine pools is prohibited. b. The receiving nearshore open coastal waters is Class AA, Marine Waters. Section Le. of the Appendix C. specifically excludes discharges into this class of State waters from being authorized NPDES GP." Response: The developer has no intention to discharge any waste materials into either the Kohanaiki anchialine system or the adjacent marine environment. Required permits will be applied for at the appropriate time. Comment 1. "The Developer or you shall not begin the construction of the groundwater wells until the developer has received the required NPDES permit as the construction of the groundwater wells is part of the 'common development plan or sales"'. Response: The two groundwater monitoring wells that the water quality monitoring plan has proposed be drilled at the mauka end of the project site are for the monitoring of the groundwater only and will not be used as a source of water for irrigation purposes thus should not be considered as part of the "common development plan or sales". As noted in the proposed water quality monitoring plan, NPDES Permits are usually applied forjust prior to the start of each phase or segment of construction and since each application requires detailed information on scheduling, grading areas and measures to control pollutants, it would be difficult to apply for such a permit a year or more in advance of anticipated construction just for the purpose of drilling two small groundwater monitoring wells. The intention is to have a year of baseline water quality monitoring prior to the start of construction. Other small coastal wells that are used exclusively for groundwater monitoring that the author is aware of, required state permits (DLNR) but not federal (NPDES) permits. We believe that it is not the Department of Health's intention to stymie the acquisition of long term baseline water quality data. Written clarification would be helpful to understanding what will be required from the Department of Health regarding the development of the two proposed observation monitoring wells. Comment 3. The Army Corps of Engineers shall be consulted for the placement of any dredged spoils or fill material such as low rock wall and concrete piles below the ordinary high water mark or ordinary high tide line of the Waters of the United States." Response: The developer is not conducting any activities in the marine waters fronting the Kohanaiki project site. With respect to anchialine pools, it is the intention of the developer and his consultants to work in close consultation with the USCOE regarding any and all restoration 006070 activities on anchialine pools. We do, however, appreciate the Department of Health's comments that will insure we adhere to all regulations. Comment 4. "The Developer shall be informed of HAR, Section 11-55-38 reqs regarding the historic and burial sites review; coastal zone objectives and policies." Response: The developer is working with the appropriate agencies and community groups to insure that archaeologic, historic and burial sites on the Kohanaiki parcel are dealt with in accordance with all regulations. Again, we appreciate the Department of Health's comments regarding these important regulatory aspects of the development. We should point out that we have been discussing the proposed Kohanaiki water quality monitoring plan with the US National Park Service and the US Geological Survey (USGS). The USGS will be carrying out a water quality monitoring program for the Kaloko-Honbkohau National Historic Park which is located directly south of the Kohanaiki parcel. It islexpected that the USGS water quality monitoring program will primarily focus on groundwater. We expect to work with the USGS personnel and hopefully share data which should result in a more comprehensive monitoring program and provide a better understanding of water quality on a regional basis. We appreciate the Department of Health's comments regarding our proposed water quality monitoring plan. We have incorporated the comments into the revised plan as well as addressed these concerns in this letter. We believe that the revised water quality monitoring pian is a much better plan with your suggested changes incorporated into it. The revised draft water quality monitoring plan is enclosed. If you have further comments to make on this draft, please forward them and we will address them. We do appreciate your help and guidance! Mahalol Sincerely yours, Richard Brock, Ph.D. cc: W. Dave Eadie, Rutter/KW Kohanaiki, LLC Mr. Chris Yuen, Director, Planning Department, County of Hawaii 006071 0 ENVIRONMENTAL ASSESSMENT CO. Mr. Denis Lau, P.E., Chief Clean Water Branch Department of Health P.O. Box 3378 Honolulu, Hawaii 96801-3378 1820 Kibi Street Honolulu, Hawaii 96821 30 October 2003 SUBJECT: Revised Proposal to Monitor Ground and Coastal Water Quality for the Proposed Shores at Kohanaiki Development, North Kona, Hawau Dear Mr. Lau, I certainly appreciate the rapid response regarding the submission of a draft water quality monitoring plan for the proposed Shores at Kohanaiki development. I have incorporated most of the comments into the enclosed draft and respond below to your comments as well. I believe that the present revised plan is much better and more complete with the incorporation of your comments. I sincerely appreciate your time and thoughts on the project. Below are your comments and responses to them. A. General Comments Comment 1-a. You pointed out that West Hawaii Coastal Monitoring Protocols (hereafter the "protocols") were developed to meet the needs of a consistent regional data base for water quality and marine life monitoring. Furthermore, the protocols embodied the concept of regional characterization rather than detailed effort for specific projects. Response: Towards meeting the goal of a more regional characterization of coastal water quality, we have expanded the scope of our proposed monitoring plan to include sampling of marine waters offshore of Wawaloli Beach located at the southern end of the NELHA parcel as well as offshore of Kaloko Fishpond which is in the Kaloko-Honokohau National Historic Park Park. The Kaloko marine sampling transect is located about 0.5 km south of the southern boundary of the Kohanaiki project site and the Wawaloli Beach transect is about 1.3 km north of the north boundary of the project site. We will use water quality data from these two locations as Fire .s. , 0 0 comparative controls; these data will also assist in addressing the status of water quality along this —3.7 km section of the West Hawaii coast. These additional sampling sites and theiconcept of a more regional approach to monitoring has been incorporated into the proposed monitoring plan. Comment !-b. You note that we should be using and referring to the 20d, edition of Standard Methods and that the field sampling of marine waters should follow the Guidelines land HAR Chapter 11-54 [11-54-06(d)(1)(iii)). II Response: We have made the appropriate changes regarding the use of the 20, edition of Standard Methods and those will be followed. The proposed sampling design (Le.,: locations of stations and frequency of sampling) follow the Guidelines and HAR 11-54. You will note that in our marine sampling program we have added bottom stations at 10 m and 50 m offshore as well as another surface station at 200 in offshore. The bottom station data do not enter;into any calculation of geometric means, the determination of standards or with the meeting of those standards. The bottom stations were added to provide better definition of sources) of ammonia nitrogen which as you know can be generated in situ and the 200 m offshore surface station provides a more complete picture of the dilution/advection/uptake in any surface gradients of concentration from materials entering with.groundwater. We have incorporated this material into the proposed monitoring plan. j Comment 2. You note, "As stated in the Guidelines, the program is designed to describe existing conditions. Quarterly monitoring was proposed to meet this goal. However, the Guidelines also specified that 'Catastrophic events and proposed coastal development projects may require more frequent data collection and analysis.' The proposed Shores at Kohanaiki project is a low density golf community development. More frequent data collection shall be considered and required in the monitoring plan." I Response: We have changed the monitoring schedule from quarterly to bimonthly (i.e., once every other month) for the baseline period. Please note that we have included a mechanism (a rainfall trigger for sampling) that requires sampling immediately following any rainfall event of 1.5 inches or more in a 24-hour period. This sampling following high rainfall is the primary "catastrophic event" that could cause materials to enter groundwater, anchialine pools or the marine environment. An analysis of rainfall as measured at the Kailua-Kona Keahole Airport over the last 1 I years suggests that a 1.5 -inch in 24 hours rainfall occurs on the average about 1.5 times per year. We will use the Keahole Airport data which is updated on the web 'every 12 hours as our primary source of rainfall information. This has been incorporated into our proposed monitoring plan. The US National Park Service will be establishing an automatic rain gage at the I Kaloko-Honokchau National Historic Park adjacent to the project site in the future. At that time we propose to use their data as our primary source of information regarding local rainfall. I Comment 3. Quarterly pre -construction sampling events are proposed at least one year prior to the start of construction. These data will provide the baseline information on existing conditions. You note that, "the adequacy of determining the existing water environment at the tt.s.. 0 0 selected sites with only four sets of data needs to be re-evaluated." Response: As noted above, we fully agree with this comment and are now proposing to carry out six routine monitoring surveys per year plus any that might be triggered by a high rainfall event (1.5 inches in 24 hours) during the baseline period. This has been incorporated into the proposed monitoring plan. Comment 4. "There are only two upstream groundwater monitoring wells (North and South of the project boundary) proposed (see p8), not four as indicated on page 12 of the Monitoring Plan. Written clarification is requested. In addition, the adequacy of selecting only two upstream groundwater monitoring wells needs to be re-evaluated." Response: The author's first thought was that four inland groundwater monitoring wells would be appropriate but comments from a professional hydrologist (Mr. Tom Nance) who will actually determine the exact placement of the wells suggested that two wells would be completely adequate. The author had not totally revised the proposed number of wells throughout the first draft. The present revision has noted two proposed wells to be located by the hydrologist. Please note that these wells are for groundwater monitoring only. Comment S. "There are no post -construction sampling events proposed to detect potential land use changes related impacts to the receiving State water quality (including groundwater, anchialine pools, and marine environment) resulting from the proposed development project." Response: The revised draft monitoring plan calls for water quality and anchialine pool monitoring to continue through the during construction process and for a minimum of two years following buildout at which time the regulatory agencies, environmental monitor and the developer would mutually determine the need for the continuance and level of effort for the program. It is expected that the post -construction monitoring schedule will be on a quarterly schedule. Comment 6. "As specified in HAR, Subsection 11-54-05.2, '...Natural freshwater lakes, saline lakes, and anchialine pools will be maintained in the natural state through Hawaii's'no discharge' policy for these waters. Waste discharge into these waters is prohibited (see paragraph 11-54-03(b)(1)).' Any waste (including chemical waste) reaching anchialine pools through surface runoff or groundwater due to the construction, operation , or maintenance of the upland development activities such as from the application of fertilizer, pesticides, herbicides,... etc. shall be prohibited. Sampling data collected at anchialine pools showing 'significant deviation (see PA)' from the baseline constitutes violation to the HAP, Chapter 11-54. Marine waters fronting the project site are classified by the Department as 'Class AA, Marine Waters'. It is the objective of class AA waters that these waters remain in their natural pristine 006067 state as nearly as possible with an absolute minimum of pollution or alteration of water quality from any human-caused source or actions. To the extent practicable, the wildemess character of these areas shall be protected. Sampling data collected at (in the) Marine environment showing 'significant deviation (see PA) from the baseline constitutes violation to the HAk Chapter 1I- 54." 11 Response: The above comments are recognized and are implicit through the entire proposed monitoring program. The sampling strategies proposed in this program are designed (to the author's best ability) to address these concerns. Any further improvement to the sI mpling design or analysis that could be suggested is welcomed. l Comment 7. "Water quality data is to be reported to the CWB in a manner that is compatible with the USEPA STORET system and State GIS. Water quality parameters are to be reported in both molar and gram (mg, ug, 1, mm, ... etc,, see p.29 of the Guidelines), instead only in molar as proposed. A quarterly water quality report shall be submitted to the CWB. (Please see pages 14 and IS of the Monitoring Plan)." i Response: The data presented in our monitoring reports will be compatible with USEPA STORET and all data will be identified through sample locations (given in latitude and longitude) as well as by sample time period. This will make the data compatible with the State GIS system. We expect that the Clean Water Branch (CWB) will want these data in electronic format as well as in the usual monitoring report. We propose to provide these data in electronic format annually to the CWS and expect to provide these data in gram (mg, ug, 1, mm, etc.) format as given in the Chapter 11-54 standards. These changes have been incorporated into the revised monitoring program. I Comment 8. "There is no discussion on whether the monitoring plan complies with HAR, Paragraph 11-54-03(d)(iii) requirements which states in part, '...this sampling protocol shall be replicated not less than three times on different days over a period not to exceed fourteen days during dry weather conditions." Response: We assumed that the first bimonthly sample period would entail the three surveys carried out over a 14-day dry period. The revised proposal now explicitly states that this will be done. However, we expect to not only use the data from the first three surveys (done in the 14- day period) but also aft data collected on a bimonthly (i.e., once every other month) schedule as well as any data collected following a high rainfall event (i.e., 1.5 inches or more in a 24-hour period) that is completed prior to the start of construction. Thus with a one-year period to collect baseline data, we will have, at a minimum, data from seven surveys which far exceeds the baseline database for most water quality monitoring surveys. Comment 9. "Please describe which regulatory agencies will approve the 'pond management plan'? We recommend that the concrete support be placed outside the anchialine pools. If a pool size renders the construction of the concrete support impractical, prefabricated concrete piles shall tt.t. 0 be used." 0 Response: The pond management plan will be sent to the County of Hawaii Planning Department and the US Army Corps of Engineers for their review. We expect that these agencies will request the US Fish and Wildlife Service and the Hawaii State Department of Land and Natural Resources to also review the draft pond management plan. We appreciate the advice concerning the use and placement of concrete support materials in the proximity of the anchialine pools. Comment 10. 'The black and white photographs of the anchialine pools were not labeled, therefore, they could not be compared with the coordinates submitted in the SMA application." Response: The black and white photographs submitted to the developer for inclusion in the SMA application were hand labeled with each pond number placed on each photograph. If needed by the Clean Water Branch, we could hand label each of the photographs currently in the possession of the C WB. Comment 11. "Please describe what types of Best Management Practices (BMPs) or measures, that the developer proposes to use, could "prevent" potential contaminants from entering groundwater, anchialine pools, surface waters and ocean? (See p5-16 of the SMA application)." Response: The author is not the golf course manager, but some of the BMPs that will be used include the regulations and guidelines (as administered through the Department of Agriculture) regarding the storage and dispensing of fertilizers and pesticides. Other BMPs include .using materials (pesticides, fertilizers, etc.) on an "as needed only' basis rather than on a predetermined schedule. If in excess, irrigation water could leach and carry materials from the golf course to the groundwater, anchialine pools and ocean. Thus, golf course irrigation will be applied based on daily measurement of water retention in the soil, which avoids over -watering and the possibility of leaching materials to the groundwater. These are among some of the BMPs that will be followed. Comment lZ "There is no justification on why Ciguatera Monitoring was not proposed." Response: A justification is presented in the revised monitoring plan. Commenrl3. Please advise whether the total size of the project site is 448 acres (see Table 1-1 of the SMA application or the 541.1 acres (see table 3-1 of the SMA application)." Response: The total size of the parcel to be developed is 448 acres and the 541.1 acres includes the additional lands between the Kings Trail (which defines the mauka boundary of the project site)•and the Queen Kaahumanu Highway. This additional area is 93.1 acres. tt.s.• B Permitting Requirements Comment 1. "An individual National Pollutant Discharges Elimination System (NPDES). Permit is required for the project construction activities. NPDES General Permit (GP) is not applicable to this project for the following reasons: a. Anchialine pools shall remain it natural state, waste discharge into Anchialine pool is prohibited ((11-54-05(1), Section Lc of the GP, Appendix C.] Waste discliarge into anchialine pools is prohibited. i b. The receiving nearshore open coastal waters is Class AA, Marine Waters. Section l.c. of the Appendix C. specifically excludes discharges into this class of State waters from being authorized NPDES GP." Response: The developer has no intention to discharge any waste materials into either the Kohanaiki anchialine system or the adjacent marine environment. Required permits, will be applied for at the appropriate time. Comment 1. "The Developer or you shall not begin the construction of the groundwater wells until the developer has received the required NPDES permit as the construction of the groundwater wells is part of the'common development plan or sales"'. Response: The two groundwater monitoring wells that the water quality monitoring plan has proposed be drilled at the mauka end of the project site are for the monitoring of the groundwater only and will not be used as a source of water for irrigation purposes thus should not be considered as part of the "common development plan or sales". As noted in the proposed water quality monitoring plan, NPDES Permits are usually applied for just prior to the start of each phase or segment of construction and since each application requires detailed information on scheduling, grading areas and measures to control pollutants, it would be difficult to apply for such a permit a year or more in advance of anticipated construction just for the purpose of drilling two small groundwater monitoring wells. The intention is to have a year of baseline water quality monitoring prior to the start of construction. Other small coastal wells that are used exclusively for groundwater monitoring that the author is aware of, required state permits (DLNR) but not federal (NPDES) permits. We believe that it is not the Department of Health's intention to stymie the acquisition of long term baseline water quality data Written clarification would be helpful to understanding what will be required from the Department of Health regarding the development of the two proposed observation monitoring wells. Comment 3. "The Army Corps of Engineers shall be consulted for the placement of any dredged spoils or fill material such as low rock wall and concrete piles below the ordinary high water mark or ordinary high tide line of the Waters of the United States." Response: The developer is not conducting any activities in the marine waters fronting the Kohanaiki project site. With respect to anchialine pools, it is the intention of the developer and his consultants to work in close consultation with the USCOE regarding any and all restoration N 006070 0 0 activities on anchialine pools. We do, however, appreciate the Department of Health's comments that will insure we adhere to all regulations. Comment 4. "The Developer shall be informed of HAR, Section 11-55-38 requirements regarding the historic and burial sites review; coastal zone objectives and policies." Response: The developer is working with the appropriate agencies and community groups to insure that archaeologic, historic and burial sites on the Kohanaiki parcel are dealt with in accordance with all regulations. Again, we appreciate the Department of Health's comments regarding these important regulatory aspects of the development. We should point out that we have been discussing the proposed Kohanaiki water quality monitoring plan with the US National Park Service and the US Geological Survey (USGSJ The USGS will be carrying out a water quality monitoring program for the Kaloko-Honokohau National Historic Park which is located directly south of the Kohanaiki parcel. It is expected that the USGS water quality monitoring program will primarily focus on groundwater. We expect to work with the USGS personnel and hopefully share data which should result in a more comprehensive monitoring program and provide a better understanding of water quality on a regional basis. We appreciate the Department of Health's comments regarding our proposed water quality monitoring plan. We have incorporated the comments into the revised plan as well as addressed these concerns in this letter. We believe that the revised water quality monitoring plan is a much better plan with your suggested changes incorporated into it. The revised draft water quality monitoring plan is enclosed. If you have further comments to make on this draft, please forward them and we will address them. We do appreciate your help and guidance) Mahalol Sincerely yours, Richard Brock, Ph.D. cc: W. Dave Eadie, Rutter/KW Kohanaiki, LLC Mr. Chris Yuen, Director, Planning Department, County of Hawaii 006071 EXHIBIT K • DOT 4.222 (HM.cM'Ime) PERMIT TO PERFORM WORK UPON STATE HIGHWAYS Application Date Nov. 07, fly 2008 Pursuant to the provisions of Chapter 264, Hawaii Revised Statues as amended, Application is hereby made to perform the following work upon the Slate Highway and at the location(s) specified below and at no other place. 1. Name of Highway .._ Route No./Section 19/8 2. Locations or limits on said highway Proj No. BD 69-352 Mp, 95.2 N 7 i 3. r N a W F N Y u wt 4. _1 5. o a. All lanes shall be open to traffic during the hours from 6:00 AM to 8:30 AM, during the hours of 3:00.PM to 6:00 PM, and when no work is being done under this pemit Only one lane of treIfic shall be closed at any other time unless otherwise approved in writing by the District Engineer. b. When trenching in pavement areas, safe, non-skid bridging material adequate, to handle all vehicular traffic shall be placed and securely anchored over the trench. c. Longitudinal drainage along the highway shall be maintained. d. Ductlines shall have 3 -feet minimum cover If no other depth is shown on the approved plan. e. No material andfor equipment shall be stockpiled and/or stored within the State Highway right-of-way except at locations approved In writing by the District Engineer, or those shown on the approved plans. I. All regulatory, guide and construction signs and barricades shall be of high intensity reflective sheeting. _- 6. Submittals reouired a. Initial and date utility clearances as checked below. Contractor to also check with all other utility companies etc. for verification of all other utility linea. Sta. 120+30 to Sta. 119+60 Work to be performed per attached plans approved by ( ) Access connection 0 Utility ( ) ( ) Other crossing Queen Kaahumanu Highway for Kohanaiki Subdivision. (Contractor to Remove Temporary Waterline Crossing Highway) Dates between which work will be performed: A/'Gl/- 10, 1908 to NO% 10, 1901 General Notes for Construction '-S) Electric Co. _'I�) Water Supply 3 —7 -Ors` ( ) Gas Co. _"-�) GTE - HAW'N 3 -7- O fr �M Sewers -3�`""7 A. )/P O cable ry 3—rOS� f 1 AT&T _ n//S 0 b. Proof of Slate Indemnity ' (� Certificate of Insurance naming the State of Hawaii as an additional Insured, having respective minimum coverages for Bodily Injury of Death Per Person; Bodily Injury or Death Per Accident; and Property Damages Per Accident of: ( ) $ 100,000; $ 300,000; $ 50,000; () Is 250,000; $ 500,000; $ 100,000; 30 day notice of r( ) $ ; $ ; $ cancellation to the State required. () Federal Non 16LI$ 1 0 0 000 Ggerah 0111�it,� Policy Expires: 06/30/09 y (See Item on t e bac o his emit) $ 7ID& W Fee(Make check payable to the Dept. of Transportation, State of Hawaii) Computed as follows: $10.00 - $0.10 x (Quantity in excess of first 20 sq yd and/or lineal feet) _ $10.Q0 = $0.10 x ( sq yd and/or lineal feet) Pedor nce @@ond (,Arch rnsur. Co. XX $ ��6,425.00 : By Bond No. SU5025563 or Other. () Leser of Guarantee on file () Waived The applicant hereby agrees that any agreement heretofore made or hereafter to be made, and the covenants and conditions stated on the reverse side hereof shall be binding upon the applicant, the applicants hairs, personal representatives, successors, contractors and assigns The applicant acknowledges that the applicant has read the completed tone, understands It�sxpmWsions, and -agrees to its terms and conditions. CONTRACTOR: Cas Is FAV Ik1'V1111 ooti TkX APPLICANT L/, FA.L��iY r/d!J/nJJ SaO r (n.Ts dwWYko,X W„IM N ." G W p' ADDRESS: Pb- AITL_ U%Q�ILT_� /a �L1AUr c/ %T TELEPHONE NUMBERta Jz q-109 EMERGENCY NOS.: (1) y (2) ,A,110-.�.4a/.., PERMITNO. H -08 -R323 -19R loom um s rn. m eopium v z,eTao.l ADDRESS: ��r��%/1�,� J) 5 TELEPHONE NO.�j942J�1- 47„ At) DATE: NDyemher 17, 2008 Permission to perform the above described work at the locations) stated in items 1 and 2 between the dates set forth in item 4 of the application is hereby granted. The applicant shall notity, the issuing office at least 48,hours before commenglp9 work. Any exten- ston of completion date must be approved in writing by the issuing office. This permit expires if wprk is started within 90 da11b of issuance date. OIS°IYtiCi"'� Gif�EcRF��" HAWAI'I Oahu 631-6712 Hawaii 933-6666 Maul 6733535 Molokai 553-5364 Kauai 271-3111 *NANCY E. BURNS, P.E., 73-1487 RAO STREE F KAILUA-KONA. Hl 96740 TEL: 325-3182 L FAX 325-1065 June 10, 2008 State of Hawaii Department of Transportation Highways Division Rights -of -Way Branch 601 Kamokila Boulevard, Room 691 Kapolei, HI 96707 Project: The Shores at Kohanaiki Subject: Queen Ka`ahumanu Intersection Utility Easements Dear Gentlemen, Enclosed please find one set of approved construction plans for The Shores at Kohanaiki Queen Ka`ahumanu Intersection Improvement Plans dated March 7, 2008. We hereby request utility easements for underground electric and water utilities. The location of the water line is shown on Sheet C-10. The underground electric utilities are shown on Sheet E-2. Please call me at (808) 325-3182 if you have any questions or need additional information. Sincerely, NANCY E. cBURNS, P�..E�., LLC � Nancy E. Burns, P.E. cc. Robert Taira, DOT Hilo (Letter only) Joe Root, Kohanaiki LINDA LINGLE • „c • �r� GOVERNOR ♦• , .os• �, BRENNON T. MORIOKA • _\''i;y� INTERIM DIRECTOR .j DeWN Direct 3 MICHAEL D. FORMBY FRANCIS PAUL KEENO BRIAN H. SEKIGUCHI STATE OF HAWAII DEPARTMENT OF TRANSPORTATION HIGHWAYS DIVISION HAWAII DISTRICT 50 MAKAALA STREET HILO, HAWAII 96720 TELEPHONE: (808) 933.8866 • FAX: (808) 933.8869 March 10, 2008 Ms. Nancy Burns Nancy Bums PE, LLC Box 39673-1487 Hao Street Kailua-Kona, Hawaii 96740 Dear Ms. Bums: SUBJECT: The Shores at Kohanaiki, Intersection Improvements Queen Kaahumanu Highway, Project No. BD 69-352 Your plan is approved subject to the following comments: IN REPLY REFER TO: HWY-H 08-2.018= 1. In an effort to expedite the review process, we have been accepting piecemeal submittals and piecemeal changes to the plans. It has been a long time since we have had the opportunity to review the entire set of plans. Therefore, we reserve the right to make additional comments after the complete set is submitted to us. 2. Please remit the final Environmental Assessment for this project (copy of the cover letter will do) as proof of compliance with HRS Chapter 343. 3. Please have'your contractor submit shop drawings for the traffic control plan for the utility crossing, as soon as possible, to avoid holding up the construction permitting process. 4. Please remit a copy of the DOH NPDES permit application when applying for the construction permit. 5. Please remit one set of the approved drawings, with a letter from the owner requesting a utility casement for the proposed installation to our State Highways Division Rights -of -Way Branch at the following address: 601 Kamokila Boulevard, Room 691, Kapolei, HI 96707 Please submit a copy of this letter with two sets of the final plan and obtain a permit to perform work upon state highways before starting any work within the highway right-of-way. Ms. Nancy Burns HWY-H 08-2.0183 March 10, 2008 Page 2 II Construction must start within one year of this approval letter date. If it does not, the plans shall be resubmitted for review and approval. Should you have any questions, please call Mr. Robert Taira at telephone number 933-0498. Ucry truly yours, ('� ! Vb I STANLEY M. TAMURA -11 waii District Engineer 'ncl.