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HomeMy WebLinkAboutCOM 0422.000 2008-2010LINDA LINGLE GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF HEALTH PO. BOX 3378 HONOLULU, HAWAII 96801 CHIVOME LEINAALA FUKINO, M.D. DIRECTOR OF HEALTH In reply, please refer to: EMD/WB WW 302 PN CL April 20, 2009 Mr. Theodore Baldau cc a Vice President RT Engineers, Inc. P.O. Box 39062.8 T ' Kailua-Kona, Hawaii 96739 L ro Dear Mr. Baldau: Subject: Variance Application No. WW 302 Docket No. 09-VWW-05. Application for Variance - Regarding Individual Wastewater System Hawaii Island Community Development Corporation Kumakua Affordable Housing Project Phase II — Request using Individual Wastewater Systems (IWSs) on Lots less than 10,000 square feet on Akoni Pule Highway, Kapaau, Hawaii TMK: (3) 5-5-008: 046 The Department has reviewed your application for a variance from Chapter 11-62, Hawaii Administrative Rules for the subject property. In accordance with Chapter 342D-7, HRS and Chapter 11-62, Section 11-62-41, a public notice of this proposed activity is required. Enclosed is a copy of the required public notice. Please read the public notice and contact the Department of Health Wastewater Branch if any discrepancies or corrections are required. If the public notice is satisfactory, the public notice is required to be published in the Honolulu Star -Bulletin and West Hawaii Today one (1) time only. Please contact the following agencies for assistance in the publishing of the public notice (names and emails may have changed - this is only basic information on file). Also, if an e -copy of the Public Notice is requested by the newspaper agency, please email lori.morikami@doh.hawaii.gov and she wid email a printable version of the public notice to you. Honolulu Star Bulletin, 500 Ala Moana Blvd., Seven Waterfront Plaza Ste 500, Honolulu, Hawaii 96813 Contact Lisa at phone (808) 529-4344 or Rose at (808) 529-4825, fax (808) 529-4829, email lisa@starbulletin.com West Hawaii Today, P.O. Box 789, Kailua-Kona, Hawaii 96745, phone (808)329-9311 fax (808)329-3659 email llogan@westhawaiitoday.com Comm. No. (42-2- Ref. f2-ZRef. To: Ref. Date JUN 19� 2009 Mr. Theodore Baldau April 20, 2009 Page 2 Failure to have this notice published within three (3) weeks of receipt of this letter, may result in a greater delay of the final decision of this application for variance. All publication costs are the responsibility of the applicant. Once published, you must submit the original certified affidavits of the publication from both newspaper agencies to the Wastewater Branch at 919 Ala Moana Blvd. Room 309, Honolulu, Hawaii 96814-4920 within fifteen (15) days after the publication date. You may make a copy for your records. Please be advised that, pursuant to Chapter 342D-7, HRS, a public hearing may be required as a result of this public notice. If so, you will be required to publish a notice of public hearing. Please find enclosed a receipt for your variance application for the amount of $300.00. If you have any questions regarding the public notification procedure or the processing of your variance application, please call the Planning & Design Section of the Wastewater Branch at our direct toll free phone number 974-4000 ext. 64294, fax (808)586-4300. Sincerely, THOMAS E. ARIZUMI, P.E.,--G fEF Environmental Management Division Enclosures: Receipt No. 26526 Public Notice c: Applicant — Hawaii Island Community Development Corporation Clean Water Branch Safe Drinking Water Branch Wastewater Branch - Kona Staff Engineer epartment of water Supply - County of Hawaii fstrict Health Office - Hilo Hawaii County Council WASTEWATER SYSTEMS PUBLIC NOTICE OF VARIANCE APPLICATION NO. WW 302 DOCKET NO. 08 - VW W - 05 Pursuant to H.R.S. Section 342D -7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Hawaii Island Community Development Corporation, 100 Pauahi Street, #204, Hilo, Hawaii 96720 has applied for a variance for the maximum of five (5) years as stated in the variance application from Hawaii Administrative Rules (HAR) Section 11-62-31.1(A) "There shall be 10,000 square feet of land area for each individual wastewater system;", Section 11-62-31.1(c) "Area of the lot shall not be less than 10,000 square feet except for lots created and. recorded before August 30, 1991." and Section 11-62-31 "No individual wastewater system shall be located at any point having less than the minimum distances indicated in Table II attached to this chapter in appendix F, entitled Tables, dated April 15, 1977 and located at the end of this chapter unless otherwise approved by the director." Mr. Theodore Baldau, Vice President of RT Engineers, Inc., P.O. Box 390628, Kailua- Kona, Hawaii 96739 is the individual authorized to act for the applicant. The applicant has stated that the Kumakua Affordable Housing Project, Phase II development will be constructed on an approximate 6.13 acre portion of a parcel of land currently identified by TMK (3) 5-5-008: 046. The parcel is located on the northern side of Akoni Pulr. Highway in the Kapaau area of the North Kohala district located in the Northern part of Hawaii Island. This proposed project will include 19 residential parcels suitable for single family self help dwelling units. Of these 19 parcels, 7 are proposed to be less than 10,000 square feet in size and will vary from 7,822 square feet to 9,872 square feet in size. All dwellings are proposed to be serviced by individual wastewater systems meeting all other requirements of Chapter 11-62 except for the minimum horizontal distances from property lines and the potable source identified as Hawi Well #1 per Table II, Appendix F. The applicant has made the following comments. 1. The proposed conditions fail to conform to the environmental rules of the State in the following manners: a. 7 out of the 19 proposed residential lots will be less than 10,000 square feet in size. b. Minimum horizontal distances from property lines may vary from those values indicated in Table II, Appendix F of Chapter 11-62. C. Minimum horizontal distance from the potable water source identified as Hawi Well #1 will be less than 1000 feet as indicated in Table II, Appendix F of Chapter 11-62 for 17 of the 19 proposed residential lots. The proposed equipment and operating conditions cannot be altered to bring the facility into compliance with the environmental rules of the state within a reasonable amount of time for the following reason: a. The proposed development is intended to provide affordable housing for residents of Hawaii Island. The construction of the development is subsidized by the United States Department of Agriculture (USDA), Rural Development Program. The additional cost of providing a sewage treatment plant for the proposed subdivision would increase the construction cost significantly and could exceed the funds available from USDA for the project. Likewise, requiring 10,000 square foot minimum lots would decrease the number of affordable housing units. Current waiting lists for affordable self help housing in West Hawaii exceeds 250 families and meetings held in North Kohala in November of 2005 regarding the project was attended by over 300 peorle interested in obtaining further information. 3. The granting of this variance is in the public interest as defined in the Hawaii Revised Statutes, section 342.D -6(c) in that it provides affordable housing for low income residents of Hawaii Island. The residents of this subdivision will come from income brackets that would not allow them to otherwise construct and own homes of their own. The proposed self help housing project will permit these residents to vastly improve their existing housing situation which is likely to be sub -standard due to overcrowding or allocating a disproportionate share of their income towards housing. 4. The granting of this variance will not substantially endanger human health of safety. The proposed wastewater systems will collect, treat and dispose of the domestic wastewater in such a manner that no health or safety concerns are created. Although 17 of the 19 proposed residential lots lie within 1000 feet from the potable water source identified as Hawi Well #1, the Hawaii County Department of Water Services has determined that the proposed septic tank systems should have no adverse impact to that source's water quality. The proposed individual wastewater systems are located at sufficient elevation (approximately 500 feet above mean sea level) and sufficient horizontal distance (approximately 1.7 mile) to minimize their potential to contamination of shoreline waters. 5. Compliance with the rules or standards from which the variance is sought would produce serious hardship without equal or greater benefits to the public. The residents of the proposed affordable housing project are essentially economically depressed or financially disadvantaged. Coupled with unprecedented increases in housing costs, many of the residents of the proposed facility would not be able to afford housing without assistance from other State or County agencies. Requiring compliance to the subject rules addressed by this variance request will not provide much grater benefits to the environment of the public than the proposed variance request to these rules would provide. 6. The time period requested for this wastewater variance is five years. This time period is necessary to allow for the construction and occupation of the proposed affordable housing project. 7. The variance is requested for the maximum of five (5) years. Plot maps and letters from Department of Water Supply, County of Hawaii have been attached to this application for variance but can not be shown here. If you would like to review the complete application, please call or write to the Wastewater Branch, 919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814-4920, telephone (808) 586-4294 and/or fax (808) 586-4300 to obtain a facsimile. DOH will consider all written comments received within thirty days of this notice. If warranted, DOH may hold a public hearing on the variance application, after receipt of related documents and written comments, if any. CHIYOME L. FUKINO, M.D. Director of Health State of Hawaii Department of Health Environmental Management Division Wastewater Branch Appli, Qn No. WW ; Q— Docket No. C,�1 - VWW - APPLICATION FOR VARIANCE — Effective December 9 2004 Wastewater Systems (in accordance with Chapter 342 D Hawaii Revised Statues) Submit two (2) (one original & one copy) and filing fee of $300.00 payable to State of Hawaii to: Hawaii State Department of Health Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 Ph(808)586-4294 Fax(808)586-4300 Attachments are allowed, but preferred in 81/:" x 11" format (for copying purposes). I. GENERAL INFORMATION (please print or type): A. Name: 4wA�\ (Corporation, company, agency, firm, etc. Mailing address: foo 7 v kA i s-vZ1z \ -4Z i\\'\ -to ' ( 6-12-C (Zip code) Brief Description of Variance: 1&QJEST irk. L4rC S1iES lLO-jr> N+1+v.J tgoco5r�,�, LESS -tt^A 4 T 3�t3L, �>>4ENDOC V: Plant or Equipment Location: Tax Map Key #: 008 : 04-4, Divisions: 1=Oahu 2=Maui 3=13ig Island 4=Kauai (Division) Zone- Sec - Plat Parcel (Number) (Street) (City) (Island) B. Individual authorized to act for applicant: (Zip Name:t�eE�y�qJ Title:y\L4C3�i 13?K,T Address: 2,o.• 'fox 3,�"t%D6L8 (City) (Zip code) Phone No.: 1653Ct6) 3Z1- (o Z2 S Fax No.:806) 3? -q -71�-71� Email Address:a � 4rc,�a7 C. Identify the specific section of Chapter 11-62 which the variance is requested. If additional space is required, please include information on a separate attachment and label "Attachment I". (Chapter 11-62 maybe viewed at www.hawaii.gov/doh/ select Rules & Regulations, DOH Administrative Rules Title 11,HAR, Wastewater Branch, 62) SSE A,-ry Rc��F j T SPECIFIC INFORMATION: A. Describe in detail the present and/or proposed equipment and/or discharge and the present and/or proposed operating conditions of the facility in relation to the requested variance (if additional space is required, include the information on a separate attachment and label "Attachment A-1"). SEE B. Describe how these present or proposed conditions fail to conform with the environmental rules of the State (if additional space is required, include the information on a separate attachment and label "Attachment B-1"). C. Describe in detail why the present or proposed equipment and/or operating conditions cannot be altered to bring such facility into compliance with the environmental rules of the State within a reasonable amount of time (if additional space is required, please include the information on a separate attachment and label "Attachment C-1 "). S E IE ASR C- I-\ ►hE�JT L -\ D. As a separate attachment ("Attachment D-1, D-2 and D-3"), supply supporting information to clearly show that: (1) The granting of the variance is in the public interest as defined in the Hawaii Revised Statutes, Section 342.D -6(c). (2) The granting of the variance will not substantially endanger human health or safety. SFE P\-vViNe-A (3) Compliance with the rules or standards from which the variance is sought would produce serious hardship without equal or greater benefits to the public. Page 2 of 3 ,') E. Specify the amount of time requested for the variance and the reasons for such a time period. Note that the Director cannot issue a variance for a period exceeding five years (if additional space is required, please include the information on a separate attachment and label ("Attachment E-1"). SEE A\'� 'f\c r-\ M F-^J-� E- \ F. Submit any additional information which will support this application for a variance (i.e., statements, plans, area maps, histories, etc., and label "Attachment F-1"). III. CERTIFICATION: VILE ��.ES �DFtiT I, `�1 �G�DoQE t�A�.�rr.J Q -t Ei.1 %IYvE E4S (print name) (print title) certify that I have knowledge of the facts herein set forth and that the same are true and correct to the best of my knowledge and belief. Signature: _dd /_ Date: -t' 0 DO NOT WRITE BELOW - FOR GENC,�1Y USE ONLY IV. Date Application received: 0 "- I_ ' 200 V. Application No.: MIA) Vl. Docket No.: f01, - V W 01 - 0"5 VII. Received by: �Iv VIII. Filing Fee ($300.00) check date: 10 -It Check # IX. Department of Health Receipt #: 22� X. Decision on Application (including date): XI. Date of Public Hearing: Page 3 of 3 \�3 Attachment I • Section 11-62-31.1(A) "There shall be 10,000 square feet of land area for each individual wastewater system;" • Section 11-62-31.1(C) "Area of the lot shall not be less than 10,000 square feet except for lots created and recorded before August 30, 1991." • Section 11-62-32 " No individual wastewater system shall be located at any point having less than the minimum distances indicated in Table II attached to this chapter in appendix F, entitled Tables, dated April 15, 1997 and located at the end of this chapter unless otherwise approved by the director." Attachment A-1 The Kumakua Affordable Housing Project, Phase II development will be constructed on an approximate 6.13 acre portion of a parcel of land currently identified by Tax Map Key (3) 5-5-008:046. The parcel is located on the northern side of the Akoni Pule Highway in the Kapauu area of the North Kohala district located in the northern part of Hawaii Island. This proposed project will include 19 residential parcels suitable for single family self help dwelling units. Of these 19 parcels, 7 are proposed to be less than 10,000 square feet in size and will vary from 7,822 square feet to 9,872 square feet in size. All dwellings are proposed to be serviced by individual wastewater systems meeting all other requirements of Chapter 11-62 except for the minimum horizontal distances from property lines and the potable water source identified as Hawi Well # 1 per Table II, Appendix F. Attachment 13-1 The proposed conditions fail to conform to the environmental rules of the State in the following manners: • 7 out of the 19 proposed residential lots will be less than 10,000 square feet in size. • Minimum horizontal distances from property lines may vary from those values indicated in Table II, Appendix F of Chapter I 1-62. • Minimum horizontal distance from the potable water source identified as Hawi Well # I will be less than 1000 feet as indicated in Table II, Appendix F of Chapter 11-62 for 17 of the 19 proposed residential lots. Attachment C -I The proposed equipment and operating conditions cannot be altered to bring the facility into compliance with the environmental rules of the state within a reasonable amount of time for the following reason: • The proposed development is intended to provide affordable housing for residents of Hawaii Island. The construction of the development is subsidized by the United States Department of Agriculture (USDA), Rural Development Program. The additional cost of providing a sewage treatment plant for the proposed subdivision would increase the construction cost significantly and could exceed the funds available from USDA for the project. Likewise, requiring 10,000 square foot minimum lots would decrease the number of affordable housing units. Current waiting lists for affordable self help housing in West Hawaii exceeds 250 families and meetings held in North Kohala in November of 2005 regarding the project was attended by over 300 people interested in obtaining further information. Attachment D-1 The granting of this variance is in the public interest as defined in the Hawaii Revised Statutes, section 342.D -6(c) in that it provides affordable housing for low income residents of Hawaii Island. The residents of this subdivision will come from income brackets that would not allow them to otherwise construct and own homes of their own. The proposed self help housing project will permit these residents to vastly improve their existing housing situation which is likely to be sub -standard due to overcrowding or allocating a disproportionate share of their income towards housing. Attachment D-2 The granting of this variance will not substantially endanger human health or safety. The proposed wastewater systems will collect, treat and dispose of the domestic wastewater in such a manner that no health or safety concerns are created. Although 17 of the 19 proposed residential lots lie within 1000 feet from the from the potable water source identified as Hawi Well # 1, the Hawaii County Department of Water Services has determined that the proposed septic tank systems should have no adverse impact to that source's water quality. The proposed individual wastewater systems are located at sufficient elevation (approximately 500 feet above mean sea level) and sufficient horizontal distance (approximately 1.7 mile) to minimize their potential to contamination of shoreline waters. Attachment D-3 Compliance with the rules or standards from which the variance is sought would produce serious hardship without equal or greater benefits to the public. The residents of the proposed affordable housing project are essentially economically depressed or financially disadvantaged. Coupled with unprecedented increases in housing costs, many of the residents of the proposed facility would not be able to afford housing without assistance from other State or County agencies. Requiring compliance to the subject rules addressed by this variance request will not provide much greater benefits to the 2 environment or the public than the proposed variance request to these rules would provide. Attachment E-1 The time period requested for this wastewater variance is five years. This time period is necessary to allow for the construction and occupation of the proposed affordable housing project. Mr. Ted Baldau, RT Engineers, Inc. P.O. Box 390628 Kailua-Kona, HI 96739 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX(808)961-8657 April 2, 2009 REQUEST FOR DETERMINATION SOURCE WATER QUALITY IMPACT ASSESSMENT TAX MAP KEY 5-5-008:046 This is in response to your letter dated March 30, 2009. Most of the proposed lots fall wholly or partially within 1,000 feet of our Hawi 41 Well. Due to this proximity, the Department of Water Supply requests that the individual wastewater systems at least be properly designed, and constructed septic systems. Since the subdivision is down -gradient of our well, properly constructed septic systems should not have an adverse impact to our source water quality. For your information, the Department of Water Supply does not have jurisdiction over what type of individual wastewater system is acceptable. That responsibility is with the State of Hawar i, Department of Health - Wastewater Branch. The Department of Water Supply's role is to provide comments on the potential for impacts to the Department's drinking water sources. If you have any questions, please contact Mr. Kawika Uyehara of our Engineering Division at 961-8070, extension 251. Sinc ely yours, Mil n D. Pavao, P.E. M a r KKU:dfg copy - Mr. Dane Hiromasa, State of Hawaii, Department of Health, Wastewater Branch (Kona Office) ... Water brin,�,5 procyrei,5... The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, wnte. USDA, Director, Office o/ Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and iDf �TTNc� VAcNT March 30, 2009 Mr. Keith Okamoto Hawaii Department of Water Supply 345 Kekuanaoa Street Hilo, HI 96720 RT ENGINEERS, INC P.O. BOX 390628 KAILUA-KONA, HI 96739 PHONE: (808)329-6225 FAX: (808)329-7144 SUBJECT: Request for Determination of Impact Kumakua Phase II Subdivision Hawi, North Kohala District TMK (3) 5-5-008046 Dear Mr. Okamoto: Please provide a determination of impact upon the water quality of the Hawi Well # I potable water source located on the parcel of land identified by Tax Map Key Number (3) 5-5-002:089 by the installation of Individual Wastewater Systems (IWS) serving future single family residences to be located on the subject parcel of land. The maximum wastewater flow generated by each single family residence will be 1000 gallons per day. A detailed site plan showing the proposed subdivision and the intersection of a 1000 foot radius from Hawi Well # I and the Source Water Quality Assessment for the Kumakua Phase I subdivision, dated 9/25/07, are attached for your review. Please do not hesitate to call should you have any questions or require additional information. Sincerely, R% Engtn�e�ers�,Inc. Ted Baldau Vice President Cc: Mr. Keith Kato, Executive Director, Hawaii Island Community Development Corporation Mr. Brian Nishimura, Project Manager, Hawaii Island Community Development Corporation kvR P1 C, �AM'E r., i �:_ l - 6 ( 3 oFor ) DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWA111 345 KEKUANAO•A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX(808)961-8657 September 25, 2007 Mr. Keith Kato, Executive Director Hawaii Island Community Development Corporation 100 Pauahi Street, Suite 204 Hilo, Hl 96720 REQUEST FOR DETERMMINATION SOURCE WATER QUALITY IMPACT ASSESSMENT PROPOSED INDIVIDUAL WASTEWATER SYSTEMS FOR PROPOSED SUBDIVISION TAX MAP KEY 5-5-008:046 Most of the proposed lots fall wholly or partially within 1,000 feet of our Hawi Well. Due to this Proximity, the Department of Water Supply requests that the individual wastewater systems at least be properly designed, and constructed septic systems. Since the subdivision is down -gradient of our well, properly constructed septic systems should not have an adverse impact to our source water quality. If you have any questions, please contactMr. Kei extension 257. th Okamoto of our Engineering Division at 961-8070, copy - Mr. Dane Hiromasa, State of Hawaii, Ours, avao, P.E. Of Health, Wastewater Branch - -. Wa%r �ring_4 rrogred9.. . The Department of Water Supply is an Equal Opportunity provider and employe. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights. Room 32&W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250.8410. Or oil (202) USDA, i recto ,and TDD) 0 0 \ y� ��\\ � � Transmittal Date: Sus se Date: Wastewater Bra ch Varia ce A li a' Do ke o. -VWW- APP # WW Name/Title: S 1 MW e Subject: Cover Letter, Public Noti and Variance A licatio Deputy Director for Environmental Health Administration - Laurence Lau Or%1 ITC TA• I_ly Ia 10 Jing the Cover Letter, Public Notice & Variance Application, ple ] Recommend to GRANT this variance application. ] Have no objection to the GRANTING of this variance application. ] Recommend to DENY this variance application. ] See attached comments. Reviewed by Contact Phone # Please return this ROUTE SLIP. Title Fax # one add a separate sheet of comments to this. Return this to: Department of Health - Wastewater Branch, 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 phone (808) 586-4294 fax (808) 586-4300 Recd by WWB / / my documents\c temp\wwb - 2009 variance route slip — CL PN App.doc 04/13/2009 vAppilicant: 440VO ' Agent: TAL-0610 Damy' Director of Health - Chiyome Leinaala Fukino Deputy Director for Environmental Health Administration - Laurence Lau Chief, EMD - Thomas E. Arizumi Attorney General's Office - Deputy Attorney Edward "Ted" Bohlen Clean Water Branch - Alec Wong Environmental Planning Office - Kelvin Sunada Safe Drinking Water Branch - Stuart Yamada Sanitation Branch - Commercial Properties Only Wastewater Branch Staff Personnel [ ] Hilo -Jerry Nunogawa (TMKs 1, 2, 3, 4) j Kona - @awe Hiromasa (TMKs 5, 6, 7, 8, 9) - [ ] Kauai - Lori Vetter [ ] Maui - Roland Tejano [ ] Oahu - Johnny Ong _ Water Departments [ ] Board of Water Supply - Wayne Hashiro jyc] County of Hawaii Dept of Water Supply - Milton Pavao [ ] County of Maui Dept of Water Supply - Jeffrey Eng Kauai Cni inti, De artment of Water - Edward Tschupp [ I Maui DHO - District Environmental Health Program Chief [ I Kauai DHO - Gerald Takamura, District Environmental Health Program Chief ]j Hilo DHO _ Newton Inouye, Acting District Environmental Health Program Chief City & County of Honolulu, Department of Planning & Permitting 7,n Floor County of 7MIAM4f Council/[ ] Honolulu City & County Council Oahu Neighborhood Board # I_ly Ia 10 Jing the Cover Letter, Public Notice & Variance Application, ple ] Recommend to GRANT this variance application. ] Have no objection to the GRANTING of this variance application. ] Recommend to DENY this variance application. ] See attached comments. Reviewed by Contact Phone # Please return this ROUTE SLIP. Title Fax # one add a separate sheet of comments to this. Return this to: Department of Health - Wastewater Branch, 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 phone (808) 586-4294 fax (808) 586-4300 Recd by WWB / / my documents\c temp\wwb - 2009 variance route slip — CL PN App.doc 04/13/2009