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HomeMy WebLinkAboutCOM 0887.000 2014-2016 tr`nr Nom+; Randall M.Kurohara Managing Director William P.Kenoi •��� =' '�'•' Mayor ' Robert H.Command '• ;;Vi +!!'",;` Deputy Managing Director County of c nitnn eff rr of file Alvin 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 May 6, 2016 Dru Kanuha,Council Chair and Members of the County Council County of Hawai`i o 25 Aupuni Street `T Hilo, HI 96720 0 Dear Chairman Kanuha and Members: SUBJECT: 1/Change of Zone Application (REZ 16-000201) o Request: A-5a to FA-2a — - Applicant: Carl and Christine Carlson o Tax Map Key: 7-2-004:027 Amendment to Change of Zone Ordinance No. 03-115 (REZ 1020) Applicant: Tante Urban (formerly Chrystal T.Yamasaki) Request: Amendment to Condition C (Time to Complete Construction) Tax Map Key: 7-5-022:040 Planning Director Initiated Amendment to Change of Zone Ordinance No.889 (REZ 443) Request: Delete Conditions C and H and Add New Condition Related to Permitted Agricultural Uses Tax Map Key: 6-4-017:023, 064-067, and 078 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter,transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letters and enclosures regarding the above-referenced requests. Sin ‘`_ WILLIAM P. KENOI Mayor MtranscouncilREZ 16-201 REZ I020REZ443 Enclosures Comm. No. cc: Planning Department Ref. To: PL /�,�� aQit\ County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date MAY 1 1 21116 County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street. uite 3 • Hilo,Hawaii 96720 Phone 1808)961-8288 • Fax(8081961-8742 MAY - 62016 Dru Kanuha,Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: SUBJECT: Change of Zone Application (REZ 16-000201) Applicant: Carl and Christine Carlson Request: A-5a to FA-2a Tax Map Key: 7-2-004:027 The Leeward Planning Commission, at its duly held public hearing on April 21, 2016, recommended for your approval the proposed legislative bill for a Change of Zone from an Agricultural-5 acres(A-5a)to a Family Agricultural-2 acres (FA-2a) zoning district for 5 acres of land. The property is located along the west (makai) side of the Hawai'i Belt Road (Highway 190)between the 30 and 31 mile markers and approximately 0.5 mile north of the entrance to the Makalei Golf Course, Kuki`o rd and Manini`bwali, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants are requesting a Change of Zone from A-5a to FA-2a for 5 acres of land to subdivide the property into two parcels, one 2-acre lot and one 3-acre lot. If approved, the smaller lot would be conveyed to their daughter and her family, and the larger lot would be retained by the applicants. Both the applicants and their daughter intend to construct their dwelling and to conduct some measure of agricultural activities on their lots. Hawai'i County is un Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed Change of Zone from an Agricultural (A-5a)to a Family Agricultural(FA-2a)zoned district will conform to,among others, the following goals, policies and standards of the Land Use and Economic General Plan Elements and the General Plan LUPAG Map: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Extensive Agriculture. Extensive Agriculture are lands not classified as Important Agricultural Land and includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modem farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category. Soils within the property are identified as Punaluu extremely rocky peat, 6 to 20 percent slopes(rPYD). The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "C"or"Fair" for agricultural productivity. The property is unclassified under the ALISH System. A concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicants intend to construct a dwelling for themselves on one lot and reserve the other lot for their family. The newly created lots will still have the potential to be used for farming or agricultural purposes. Dru Kanuha, Council Chair and Members of the County Council Page 3 The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Economic General Plan Elements: Land Use • Desibmate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. All utilities and services are available to the property. Access to the property is from a County approved private agricultural standard road, which has a 20-foot wide pavement within a 50-foot right-of-way. The private dead-end road intersects with Mamalahoa Highway, which is under the jurisdiction of the State Department of Transportation. The access road is servicing a total of nine (9) lots in this project arca. The Subdivision Code allows for up to 18 lots to be accessed by a cul-de-sac or dead end road. Dru Kanuha, Council Chair and Members of the County Council Page 4 Water is available for the proposed request via a private water system called the Kuki o Water System. This system consists of five(5)production wells located at about the 1,600-foot elevation level near the subject property. The subject property has been allocated 2,400 gallons per day based on an agreement with the water purveyor. This will allow 1,200 gallons per day for each of the two created lots. This is twice as much as the Department of Water Supply's daily water use policy for residential properties, which is 600 gallons per day per lot. Wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problems for the property that cannot be properly rectified or which would render the land unusable. According to the Flood Insurance Rate Map(FIRM)prepared by the Federal Emergency Management Agency(FEMA), the project area is located in Zone"X", an area outside of the 500-year flood area. Should this request be approved, the applicants may apply for a Second Farm Dwelling, allowing for the construction of a second dwelling unit on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime(CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located over 4 miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources,historic resources,public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems,marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously utilized for cattle gazing and ranching. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being Dru Kanuha, Council Chair and Members of the County Council Page 5 practiced on the site,nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawaii State Supreme Court's "PASH"and "Ka Pa'drat 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural,historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: The following survey was conducted for the subject property for this application: • A draft Archaeological Inventory Survey(AIS)dated January 2016 was submitted with the application. The AIS was conducted by Haun& Associates. • There was no botanical study included in the application based on the past use of the property and surrounding area for cattle grazing and ranching. The valued cultural, historical, and natural resources found in the rezoning area. In summary, the survey identified three sites with 14 features. The sites consist of two single feature sites and one complex of features with 12 features. The identified features consist of nine modified outcrops, two mounds, one terrace, one lava tube and one wall, Functionally the features consist of agricultural(12), livestock control (1) and temporary habitation (1). The sites in the project area assessed as significant solely for their information content. The sites have yielded information important for understanding historic ranching activity in the arca and probable prehistoric,traditional Hawaiian habitation and agricultural use. The proposed use of the project area is for the construction of one to two residences. The mapping, written description and photography at the sites adequately document them and no further work or preservation is recommended. The property was previously used for cattle grazing and consists of scattered trees, such as ohia,jacaranda, kukui , Christmas Berry and others. The low vegetation is dominated by fountain grass and other introduced grasses shrubs. Dru Kanuha, Council Chair and Members of the County Council Page 6 Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms,marine shell concentrations or human burials be encountered. The applicants shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-HPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of the Change of Zone request from an Agricultural-5 acre(A-5a) to Family Agricultural-2 acre (FA-2a) zoning district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-2 (North and South Kona District Zone Map)is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. Dru Kanuha, Council Chair and Members of the County Council Page 7 We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information. Sincerely,erK Keither- e Chairman Leeward Planning Commission LCarlsonREZJ 6-201Ipc2 Enclosures cc: Sidney M. Fuke, Planning Consultant Carl and Christine Carlson Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD William Brilhantc, Esq., Corporation Counsel ECarleho-REZ 16-201_jwd 03-24-16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT CARL AND CHRISTINE CARLSON CHANGE OF ZONE APPLICATION (REZ 16-000201) CARL AND CHRISTINE CARLSON have submitted an application for a Change of Zone from an Agricultural-5 acres (A-5a) to a Family Agricultural-2 acres(FA-2a)zoning district for 5 acres of land located along the west(makai) side of the Hawai`i Belt Road(Highway 190) between the 30 and 31 mile markers and approximately 0.5 mile north of the entrance to the Makalei Golf Course, Kuki`o 21111 and Manini`owali, North Kona, Hawai`i, TMK: 7-2-004:027. APPLICANTS' REQUEST 1. Proposed Action: The applicants are requesting a Change of Zone from A-5a to FA-2a for 5 acres of land to subdivide the property into two parcels, one 2-acre lot and one 3- acre lot. If approved, the smaller lot would be conveyed to their daughter and her family, and the larger lot would be retained by the applicants. Both the applicants and their daughter intend to construct their dwelling and to conduct some measure of agricultural activities on their lots. 2. Supportive Information: The applicants, who are the landowners, have submitted the attached in support of the request. (Planning Department Exhibit 1 - Change of Zone Application) STATE AND COUNTY PLANS 3. GP LUPAG Map: Extensive Agriculture. 4. State Land Use Designation: Agricultural. 5. County Zoning: A-5a. 6. Kona Community Development Plan (KCDP): The Kona Community Development Plan was adopted by the Hawai`i County Council by Ordinance No. 08-131 on September 25, 2008. The project site is located outside of the Kona Urban Area(KUA). 7. Coastal Zone Management, HAS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources,historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. 8. Special Management Area(SMA): The SMA is a part of the Coastal Zone Management Program regulated by the County. The project site is not within the County's Special Management Area(SMA). DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The property is 5 acres in size and is rectangular in shape. The property is currently vacant of structures and uses. The subject area was historically used for cattle grazing by the Hu'ehu'e Ranch and by the Gomes Ranch. It is located approximately%mile north from the entrance to the Makalei Golf Course. 10. Surrounding Zoning/Land Uses: Surrounding properties are similarly zoned A-5a and consists mainly of vacant land and scattered dwellings. I1. ALISH: Unclassified. 12. Land Study Bureau's Detailed Land Classification System: "C" or"Fair". 13. U.S. Soil Survey: Punaluu extremely rocky peat, 6 to 20 percent slopes (rPYD). 14. FIRM: The property is located in Zone "X", an area outside of the 500-year flood area. 15. Flora/Fauna Resources: There were no professional flora/fauna surveys conducted of the property. The applicants do not believe that rare or endangered floral or faunal resources are likely on the site. The property was previously used for cattle grazing and consists of scattered trees, such as ohia,jacaranda, kukui , Christmas Berry and others. The low vegetation is dominated by fountain grass and other introduced grasses shrubs. 16. Cultural/Historic/Archaeological Resources: A draft Archaeological Inventory Survey (AIS) dated January 2016 was submitted with the application. The MS was conducted by Haun& Associates. In summary,the survey identified three sites with 14 features. The sites consist of two single feature sites and one complex of features with 12 features. The identified features consist of nine modified outcrops, two mounds, one terrace, one lava tube and one wall, Functionally the features consist of agricultural(12), livestock control (1) and temporary habitation (1). The sites in the project area assessed as significant solely for their information content. The sites have yielded information important for understanding historic ranching activity in the area and probable -2- prehistoric, traditional Hawaiian habitation and agricultural use. The proposed use of the project area is for the construction of one to two residences. The mapping, written description and photography at the sites adequately document them and no further work or preservation is recommended. The landowner's plans for the property will have no effect on the historic properties based on the survey findings. 17. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 18. Access: According to the applicant, access to the property would be from a County approved private agricultural standard road, which has a 20-foot wide pavement within a 50-foot right-of-way. The private dead-end road intersects with Mamalohoa Highway, which is under the jurisdiction of the State Department of Transportation. The access road is servicing a total of nine (9) lots in this project area. The Subdivision Code allows for up to 18 lots to be accessed by a cul-de-sac or dead end road. 19. Water: According to the applicants, water is already available to the property by a private water meter from a private water system. This system consists of five (5) production wells located at about the 1,600-foot elevation level near the subject property. The subject property has been allocated 2,400 gallons per day based on an agreement with the water purveyor. This will allow 1,200 gallons per day for each of the two created lots. This is twice as much as the Department of Water Supply's daily water use policy for residential properties, which is 600 gallons per day per lot. The Department of Water Supply confirmed that they had no objection to the private Kuki`o Water System providing water to the property, which may allow for its rezoning and subdivision into two lots. 20. Wastewater: As there is no municipal sewer system in the area, wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. 21. Solid Waste: All waste generated by the project will be disposed of at appropriate sites designated by the Department of Environmental Management. -3- 22. Essential Utilities and Services: All essential utilities are available to the property. Fire and medical services are available from the Makalei Fire Station and police services are available from the Kealakehe Police Station. AGENCIES' COMMENTS 23. Department of Public Works: (Planning Department Exhibit 2—February 2, 2016 Memo) 24. Department of Water Supply: (Planning Department Exhibit 3—February 22, 2016 Memo) 25. Department of Environmental Management: (Planning Department Exhibit 4— January 28 and February 1, 2016 Memos) 26. Police Department: (Planning Department Exhibit 5—February 11, 2016 Memo) 27. Fire Department: (Planning Department Exhibit 6—February 4, 2016 Memo) 28. Department of Land and Natural Resources Land Division: (Planning Department Exhibit 7—February 18, 2016 Letter) 29. Department of Health: (Planning Department Exhibit 8—February 24,2016 Memo) 30. State Department of Transportation: (Planning Department Exhibit 9— March 4, 2016 Letter) AGENCIES -NO RESPONSES 31. DLNR Historic Preservation Division- State Historic Preservation Division, and Hawaii Water Service Company. APPLICANTS' RESPONSES TO COMMENTS 32. The applicants have submitted several letters in response to agency comments. (Planning Department Exhibit 10—February 11 and March 1,2016 Letters) PUBLIC COMMENTS 33. As of the date of this writing, the Planning Department has not received any comments or objections from the general public or adjacent landowners on the subject request -4- 1816 JPi 9n em 0 07 APPLICATION FOR COUNTY REZONING (A-5a to FA-2a) CARL AND CHRISTINE CARLSON KUKIO 2ND AND MANINIOWALE NORTH KONA, HAWAI'I TMK: (3) 7-2-004: 027 Prepared For: Carl and Christine Carlson Prepared By: Sidney M. Fuke, Planning Consultant January 2016 Planning Dept. Exhibit CHANGE OF ZONE APPLIZ,eA J9JT pm 7 COUNTY OF HAWAII 'TNT PLANNING DEPARTMENT ' (Type or legibly print the requested information) APPLICANT: Carl and C• 'stine Carlson APPLICANT'S SIGNATURE / _ �. , d , I.,4, ) • : 01/03/16 ADDRESS: 73-1515 Apela Place Kailua-Kona, HI 96740-8658 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) gni ii005. (Res.) 3?-6-70_5.1 (Fax) 3?C95/ I LANDOWNER(S): arl .n..Chi' tine rlson i�`�� i _ , Mir/ jrnr sa'n vn' a donrirs LANDOWNER - ." (S . DATE: 01/03/16 j 1 73- I6 IS tty.a.bely letter/ ,CLANDOWNER(S) ADDRESS: KaLta P4aaa. t 0740 REQUEST: A-5a TO _ FA-2a (Existing zoning) (Proposed Zoning) TAX MAP KEY: 7-2-004: 027 STREET ADDRESS OF PROPERTY: Mamalahoa Highway Kukio 2nd &Maniniowale, Hawaii SIZE OF PROPERTY OR AFFECTED AREAS) TO BE REZONED: 5.0 acres AGENT: Sidney M. Fuke,Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 _ Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) _ Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke ___ COPIES: Carl Carlson ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? All b. Into what lot sizes? 2+ac _. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 1mooth d. Do you intend to build houses on the newly created lots? yes If yes, please answer the following questions: On how many of those lots? 2 At what approximate price range? House $350K Lot N/A Total $350K Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 2yrs If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? N/A b. Sell or lease the land to someone who has tentative plans? N/A C , Sell or lease the land to someone who has no plans? N/A d. Keep it? N/A e. P. D. 2 5/84 1 . If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also , include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. • 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? • Increases overall supply for small scale agricultural lots that allows a residence. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? no If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? c . Sufficient farm size to allow reasonable chance of success in commercial agriculture? • -2- d . Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please refer to planning and environmental report for this request. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. Please refer to planning and environmental report for this request. 6. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Please refer to planning and environmental report for this request. Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X X • c_ Sewer X d. Drainage -3- Yes No e , Police Protection X X f . Fire Protection X 9, Recreational Facilities X h . Public Utilities X y, Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: / d . ; / "i Address: 73-1515 Apela Place Kailua-Kona,Ell 96740 Telephone: (808)325-4005 Date: January3,2016 _4_ COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-5a to FA-2a) CARL, JR. AND CHRISTINE CARLSON KUKIO 2ND AND MANINIOWALE, NORTH KONA, HAWAII TAX MAP KEY: (3) 7-2-004: 027 I. INTRODUCTION Carl Carlson, Jr. and Christine Carlson ("Applicants") are requesting the rezoning of a 5.0 acre parcel from the Agriculture (A-5a) to Family- Agriculture (FA-2a) district in Kuki'o 2nd and Maniniowale, North Kona, Hawaii. The property is located makai of the Mamalahoa Highway (Highway 190), approximately '% mile north of the entrance to the Makalei Golf Course. ( (Figures 1 and 2). If approved, the Applicants intend to subdivide the 5.0-acre parcel into two (2) lots, consisting of 2.0 acres and 3.0 acres. The smaller lot would be conveyed to their daughter and her family, while the larger one would be retained by the Applicants. Both the Applicants and their daughter intend to construct their dwelling on the respective lots and conduct some measure of family-agricultural activities on their lots. The request, thus, is essentially a family-agricultural subdivision. II. PROJECT LOCATION As noted earlier, the subject property is located on the makai side of the Highway 190 or Mamalahoa Highway, approximately Yz mile north of the entrance to the Makalei Golf Course. The entrance to the Huehue Ranch headquarters is located about 500 feet south of the subject property on the mauka side of the Mamalahoa Highway. The 10,000+/- square foot subdivision called Kona Ocean View or Puukala Homesteads is situated approximately a mile south of the subject site. (Figures 1 and 2). III. PROJECT DESCRIPTION A. Project Concept and Components The subject site was historically used for cattle grazing by Hu'ehu'e Ranch and subsequently by Gomes Ranch. The Applicants acquired the subject property with the intention of building their home on it, possibly before the end of 2016, and establishing a small orchard for both domestic and commercial purposes. As such, they are now in 1 ,. ® , / �N gig E t � , —� 1.62r.-1 r. � o v E® her y. 1 kik ! 0% ! 2. i i ° "a j SUBJECT PARCEL I• I�C I' , 'it- o i„ o F• < O.) rte 8 ® 3,\ \K1 \ sAI j 7.7.�.I / CI I a ) Ir.:. /22 o12.€1\-- N4L-‘ i_�n . ==ls P I e I 1 . bli�• 4. V I/j I lit I 11133 ��' G v/ e x / / k i _� a��.., f t�,l 1C1',Q it I r.i I alp • z ,`; l` '.' �1 ii_ t y ¢ a d `�� r Y t , it O e 122 ` z tj.Y � d O L y 3 i Im ie \� r 6 F girl di 'r _ - a ' ?' “�,FIGURE -WVso 3. . SUBJECT PARCEL 1 ms / F./4, -a i \W <m V ---`- `` PUU ' LA SUBDIVISON i MAKALEI GOLF �'�-, 3- COURSE \ Ilk -- '(' ■ j In M.all 1 i '�x +liii as PALAMANUI PROW 1 1t1741 72. Nil 0 1/2 n„ I!1; mwm , �.� yut i rI Inmili: 4:mra __if -•nrn.i —'71IT--Fi C,1 _ -- -2 FIGURE 2 the process of clearing the land with herbicide and without the use of any heavy machinery. However, as the site is too large for them and also as part of their estate planning, they would like to subdivide the property into two (2) lots and convey one of them to their daughter and her family who currently live in a rental home. Their daughter also intends to build their home on the lot and develop a small nursery consisting of edible plants like dry land taro, sweet potatoes, herbs, and the like. While it would have been possible to secure a second dwelling for their daughter through the Farm Dwelling process, this approach would have rendered potential complications with respect to financing, conveyance, and liability. The Applicants, at some point in time, would also like to be in a position to convey their future home to their other child. Further, they would like to have their daughter secure financing for her dwelling without encumbering the Applicants home and property. As such, the 2-lot subdivision would eliminate or at least minimize these issues. The proposed layout, of which the largest lot would be retained by the Applicants, is reflected in the proposed subdivision map. (Figure 3). As currently configured, both lots would front an existing private road built to County Agricultural standards, with one of the being a "flag lot". It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of rezoning approval. B. Project Timetable and Cost The Applicants hope to secure County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by the middle of next year. The estimated cost of improvements for this project should not be significant, as the site is already serviced with a County- approved private water system, and the access will be via a private County-approved agricultural standard road. 2 • PROPOSED SUBDIVISION OF LOT 3 INTO LOTS 3A AND 38 owomm(e - LLC t (Ovno) Portion of Grunt 3963] to John A. Maguire 1'.5]450-130909 1 if nsxv' — 9301m (o manaPRPoS[s)Ess�.— — -- — — — 5,O / P0.0 llWH A1MK ]NE 1„241 vase �119 EASEMENT F -� en v--- �� n.m ff. ( / FOR ACCESS AND UTILITY PURPOSES l0IeD ' v� 1 1 � 'ff. 1271Ac. 120,4 A,{y.\ $' / LOT 3A-Rev 2 � �Q /„.- 3Q 2.832 AC. LOT IA J//t§ '7 4. / 8 LOT 3A .� 5453Ac. "Wa •i $ / 31100 Ac. TMK:(31 7-2-004:020 Zwe ig /rary Q. 4' --- a 4 ( LO0A t EASEMENT 42 I ; 5.000 Ac.. LOT 3 pis )s T� (<oa MwoswE CE MAK:1311-2-004:020 / 5000 P0. / —��0 , GOIE(T LZ ( TAM:(3)7-2-004:027 A 'v (roe ACCESS AND u•mr a ! V/ PVRPOSES 8 �— Co _ i'rlog„ LOT 2A - S U E D I V S I LOT 3B-Rev ev bi29At.. TMK:(3)7-2-004:ozs ESEMJT a (FOR:AND vvPURPOSES) —�� / a r 1701.213 e Maguire T1s.n /�R John A' LOT 30 # 2 000 Ac. ~ MOO S.13° Q c Q _ .m 44 «Q) ¢ x o 0 W s N m w a o •• FIGURE 3 IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is situated within the State Land Use Agriculture district. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map was not designed to be specifically measurable and instead be a broad-brush description of desired land use patterns. However, with the advent of technology, the map was formatted into measurable patterns. Under the digitized format, the subject site is designated Extensive Agricultural on the LUPAG map. The Extensive Agricultural land includes lands "that are not capable of producing sustained, high { agricultural yields without the intensive application of modem farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability, and climate." The proposed family-agricultural subdivision resulting in one (1) additional lot would be consistent with this designation. As such, no General Plan amendment would be required to effectuate this project. C. Kona Community Development Plan The Kona Community Development Plan ("CDP"), adopted in 2008, attempts to further define the General Plan and serves as a guide for decision-makers. The Land Use map of the CDP appeared to follow or utilize the digitized version of the General Plan LUPAG map. In that regard, the subject site is situated outside of the Kona Urban Area, as well as outside of the road concurrency map. Thus, the requested FA-2a zoning would be consistent with and implement this designation. (Please see Chapter IX-C for more discussion on this.) D. County Zoning The County zoning of the subject property is Agriculture (A-5a). 3 Although the adjoining properties are also zoned A-5a, there are properties that are zoned Agriculture (A-1a) proximate to the site. The A-1a zoned properties are part of the Makalei Golf Course project, which also include an A-500a and A-900a zoning. The Puukala Subdivision situated further south, although zoned A-5a, consists of lots less than '/ acre in size. There are also four (4) 1-acre sized lots between the Puukala Subdivision and the subject property. Just beyond the Puukala Subdivision is the Makalei Estates Subdivision, consisting of 3 acre lots. (Figure 4) If approved, the site would be subdivided in a manner meeting with the requirements of both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested FA-2a zone ( would be adhered to. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). No SMA Use Permit is required. However, as the entire island falls within the Coastal Zone Management (CZM) Area, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than three (3) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts to the area's historic resources is not high. An Archaeological Inventory Survey ("AIS") was conducted of the subject site. (EXHIBIT A) The study noted that there were some agricultural features and a lava tube. It further noted that the information has been adequately documented and that"no further work or preservation is recommended." The proposed action will involve the construction of improvements in a non-urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project site, while located makai of the Mamalahoa Highway, is not readily visible. Thus, coastal scenic and open space resources should not be affected. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over three (3) miles from the ocean. Notwithstanding the distance, the nature of the project—family 4 ECT PARCEL x y \ \ \/y>� \ ? « w \ © z « ' . . . y _ . « y t. 2 » 2 . , ©: < \ «1/..4. / y \ .�: . © , . / \§i i � ` G \: = d x 22�� - _ . § : z Sx« % : v « w ! . - . P / % : p 7i4; \ FIGURE 4 agricultural —and the construction of only an additional private wastewater system is such that potential adverse coastal ecosystem impacts should not be pronounced, if at all. The proposed action will result in creating the potential for family- agricultural farm lots in this area. This should thus provide additional opportunities for farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA-2a, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, ( the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible Underground Injection Control (UIC) permit, grading/grubbing permit, building permit, and the like. 5 V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel, which is situated along and makai of the Mamalahoa Highway, has a generally parallelogram shape. There are no structures on the 5-acre site. The current vegetation suggests that, aside from limited on-going cattle grazing, there has been no recent active agricultural activity being conducted on the site. For example, no abandoned coffee or fruit trees were found on the property. The site is situated at approximately the 1,750 foot elevation level. The mean annual rainfall in this area ranges between 30 to 70 inches. The wetter months tend to occur between June through September. The mean annual temperature is about seventy-five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, winds tend to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. B. Soils and Topography The topography of the site slopes slightly in a mauka (east) to makai (west) direction. There is a gradual 10 to 15 percent slope. The Land Study Bureau Overall Master Productivity Rating for the subject site appears to have two (2) classifications— "C" (C-55) or fair and "D" (D-267) or poor. The "C" classification suggests that the site is fair for productivity capacity for agricultural crops, while the "D" suggests poor or limited productivity capacity. The "C" classification denotes soils of the Honuaulu and Pahoehoe series, with shallow, moderately fine soil material. The color is dark brown, and the parent material is volcanic ash, with outcrops of Pahoehoe. This type of soil is well drained and very poorly suited for machine tillability. The "0" classified soils are of the A'a with Honoaulu and Moaula series. This type of soil series has limited soil material, whose parent material is of A'a and volcanic ash. They are very well drained and very poorly suited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of 6 Hawaii (ALISH) maps classify this site as being either "unclassified" or "Other Agricultural Land". C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates most of the project site to be located in Zone X, areas outside the 500-year flood plain. The Applicants have not observed any significant runoff or erosion in the recent past. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from the newly constructed improvements will be built, if necessary, in conjunction with the subdivision approval process. 2. Tsunami Hazard ( As the site is located over 3 miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also falls in this category, while the City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the Applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. 7 Based on the AIS and Applicants' observations, the site's vegetation is characterized by some trees scattered through the site, such as native ohia, jacaranda, (Jacaranda mimosifolia) kukui or candlenut, Christmas Berry (Schinus terebeinthifollius), lantana (Lantana camera), and silver or silky oak (Grevillea robusta). The understory vegetation is dominated by fountain grass and other introduced grasses and shrubs. None of these are on any government existing or proposed endangered or protected list. Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (l'o) and the Hawaiian Owl (Pueo). Further the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. E. Historic/Cultural/Archaeological Resources An AIS was done of the subject site, a copy of the which is found in its entirety in Exhibit A. The draft AIS "identified three sites with 14 ( features. The sites consist of two single feature sites (Site 50-10-19- 30480 and 30481) and one complex of features with 12 features (Site 30482). The identified features consist of nine modified outcrops, two mounds, one terrace, one lava tube and one wall. Functionally the features consist of agricultural (12), livestock control. (1) and temporary habitation (1)." The report went on to note that the sites in the project area "yielded information important for understanding historic ranching activity in the area and probable prehistoric, traditional Hawaiian habitation and agriculture use." As such, they were assessed as "significant solely for their information content' and that "no further work or preservation is recommended. The landowner's plans for the property will have no effect on the historic properties based on the survey findings." Please note that in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the Applicants will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. 8 G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. The Applicants have not observed any native Hawaiians on the site or adjoining properties gathering plants in recent times. Thus, it would appear unlikely that the site would serve such purpose today. In the event legitimate gathering claims are made by native Hawaiians, the Applicants intend to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area which cannot otherwise be mitigated. H. Water and Coastal Resources The subject site is located well over three (3) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non- coastal property, no coastal access will be affected. As the site falls within the Critical Wastewater Disposal Area, septic tanks will be required for any dwelling. These will be constructed in a manner meeting with the approval of the State Department of Health. Noise, Air Quality, and Dust The existing private County-approved agricultural standard road will serve as the main access to this project. This road abuts the Mamalahoa Highway. The existing ambient traffic level along the private road — because there are no dwellings now—is very, very low. 9 Relative to the Mamalahoa Highway, however, the traffic can be significant during certain hours. However, as the site is situated at least 700 feet below the Highway and with the existing vegetation, the corresponding noise level should be quite low. With the completion of this project and the resultant two (2) dwelling units, the noise level associated with traffic is not anticipated to increase significantly. There may, however, be short-term noise impacts associated with the construction of any required infrastructure and the structures. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will increase the density by only one (1) additional unit (since one is already permitted). Further, with higher EPA standards for automobile air emissions, the air quality impact should thus ( hopefully not be significant. As such, with the exception of potential construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Kona area. The most notable is the backdrop of the Hualalai Mountain. The proposed subdivision and eventual construction of farm dwellings should not have any visual impacts on this mountain and other listed scenic resources in the area. The site is located on the makai side of the Mamalahoa Highway and thus would not impede any views of the mountain. Likewise, the coastal views would not be impeded because of the existing vegetation between the Highway and the subject site. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses 10 The land use in this area is generally rural/agricultural in nature. There are very limited, if at all, agricultural activities in this area. For the most part, the immediately surrounding lots are used and/or zoned for rural-residential and agricultural purposes. There are A-la zoned properties less than 500 feet south of the subject site. The Makalei Golf Course is located in this general area, while the Puukala Homestead Subdivision with its less than /-acre sized lots and a four(4) 1-acre sized subdivision are situated less than a mile from the subject site. (See Figure 4) Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging rural-agricultural pattern of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make at last one (1) additional fee simple lot with agricultural potential more readily available. Although the project is directed at the landowner and their daughter, it would still enable the ultimate users the opportunity to engage in some sort of agricultural activity. As noted above, the requested zoning would have some measure of economic impact, as it would create one (1) additional smaller farm lots that would be more suitable for families rather than corporate activity. As such, the proposed subdivision should help enhance the potential to have more agricultural activity on the site rather than the site's current non-agricultural and/or historically limited cattle grazing use. Furthermore, the landowner's child is interested in cultivating small- scale organic and/or cottage or gourmet type of agricultural products. These may tentatively include lychee, bananas, kalo or dry land taro, uala or sweet potato, and the like. In so doing, these uses could help serve as catalyst for the site and surrounding properties to be used more intensively for small-scale truck crop farming. As such, with the direct agricultural use plus the added tax revenues, the project could have some positive influence on the island and area's economy. 11 Aside from the potential agricultural activity, there will be some small short-term construction activity associated with the construction of the farm dwellings on the respective lots. This could help with the area's construction economy. C. Agricultural Impacts As noted above, the requested zoning would have some measure of economic impact, as it would create an additional small farm lot that would be more suitable for families rather than corporate activity. As such, the proposed subdivision should help enhance the potential to have more agricultural activity on the site rather than the site's current limited or non-agricultural use. Specifically, one of the landowner's child is interested in cultivating small-scale hot-house and cottage or gourmet type of products that would be used to supply local restaurants. These type of products, which require little soil and good drainage, would tentatively include poha, arugala, dryland taro, sweet potato, lychee, banana and the like. Green waste mulch would be introduced to supplement existing soil composition. Water catchment system will also be used to support the agricultural activities, so as not to stress the private, DWS- approved potable water system. These planned agricultural ventures could help serve as a catalyst for some surrounding properties to be used more intensively for small- scale truck crop or floricultural farming. Furthermore, with the direct agricultural use plus the added tax revenues, the project could have some positive influence on the island and area's economy. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from a County-approved private agricultural standard road. This road has a 50-foot wide right-of-way, with a 20-foot wide road, paved and developed to County agricultural standards. There is also at least a 2-4 foot wide graded, improved shoulders on each side of the road. This private road eventually intersects with the Mamalahoa Highway. B. Water The subject site is already serviced by a private water meter, a meter 12 which has access to 2,400 gallons of potable water from a private water system approved by the County Department of Water Supply ("DWS"). The usual DWS water consumption guideline is 600 gallons per day. In that regard, there should be more than adequate water to meet this guideline. An additional meter will be installed for the newly-created lot. A letter seeking confirmation and the DWS' confirmation letter are attached as Exhibit B. C. Wastewater There is no County wastewater system in this area. As noted earlier, a septic tank system meeting with the approval of the Department of Health would be allowed in this area. This will be done by the respective homeowner in conjunction with the building permit process for a farm dwelling. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested FA-2a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. Further, all agricultural waste will be retained and utilized on the property. E. Other Government Services Although not really within the North Kona urban area, it is already being serviced. As such, no extension of government services would be required. The nearest fire station is located at Makalei, which is less than 2 miles from the subject site. The Police Station, Kealakehe School complex, and Kona Civic Center are located at Kealakehe, approximately 3 miles from the subject site. County parks are available in Kailua, Keauhou, and Kealakehe. As such, the project should not result in the extension of any of these government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. 13 VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue in its non-agricultural or vacant state or possibly limited cattle grazing. With the rezoning and eventual construction of farm dwellings, the potential for agricultural activity would increase as well as addressing the need for- because the project is for a family subdivision - affordable house lots. From a long-term productivity standpoint, then, the proposed 2-lot subdivision would provide a heightened level of possibility in having the land used for more intensive agricultural activity while addressing the area's overall housing needs. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. There are no known floral or avifauna) resources on the site that required protection. Based on the draft AIS, none of the primarily agricultural features were deemed worthy of preservation and that no further work was necessary. Although the soil on the parcel has been classified "C" or fair and "D" or poor by the Land Study Bureau, there is a potential for small-scale agricultural activity on the site. It is reasoned that the creation of the 2-lot subdivision should help foster and not necessarily remove this land from its agricultural potential. C. Mitigative Measures The Applicants intend to make improvements generally consistent with the subdivision process. During the construction phase of the project, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as 14 is required by the State and County protocols) and clearance secured before work is resumed. There is no existing drainageway on the property. Any and all required grading or grubbing work will be done in conjunction with the required permits and/or a SCS Agricultural Plan. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site would continue with its very limited or non-agricultural use. Under that scenario, the property would not be more fully utilized for either housing or limited agricultural purposes. Furthermore, the Applicants would not be in a position to fulfill its estate planning in a manner that would be generally consistent with the agricultural and housing objectives of county plans. 2. Alternative Density Under this alternative, the applicant could seek a more intensive zoning, such as FA-la, given the proximity of the site to urban uses. Such a zoning category would arguably be generally consistent with some of the surrounding A-1 a zoning. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities, such as truck crops or cottage farming in this area in a manner consistent with the area's infrastructure. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use objectives sought 15 to be accomplished by the County General Plan LUPAG map and Kona CDP. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested FA-la alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. Under the digitized format is designated Extensive Agricultural on the LUPAG map. The Extensive Agricultural land includes lands "that are not capable of producing sustained, high agricultural yields without the intensive application of modem farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability, and climate." The proposed family-agricultural subdivision resulting in one (1) additional lot would be consistent with this designation. As such, no General Plan amendment would be required to effectuate this project. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of potential small-scale truck crops or nursery farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) 16 areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with the limited farming operations. Any noise- generating facility - such as air conditioners - would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. Based on an AIS, none of the recorded agricultural complex or lava tube were being recommended for preservation and that no further work was necessary. Additionally, if inadvertent discoveries are found during the construction phase of this project, work will cease and the County and State notified. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian crow (Alala) or the owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the FA-2a zoning would allow an additional farm dwelling, albeit for their child, the project will indirectly fulfill the objectives of the housing element. It adds to the overall housing inventory. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project—with the protective 17 conditions—will be used in a manner where it blends with the existing terrain. As the project site is more than 3 miles from the ocean, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Then, too, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will be private. There already is an existing county approved private water system with sufficient source serving the site. Vehicular access to the site is already partially improved and accessible by emergency vehicles. Schools and other public facilities are also located proximate to the site, most of them being no more than 3 miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations 18 • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it would be generally compatible with the surrounding area. There are a number of properties zoned A-la proximate to the site, as well as a golf course and a residential subdivision consisting of less than /-acre sized lots within a mile of the subject site. The soils of the site are classified "C" or fair and "D" or poor by the Land Study Bureau. In spite of those designations, the site does have limited agricultural potential. Given that, if approved, this project should actually create more opportunities for having agricultural activities on the site. The lot size would be conducive to the Applicants and the other landowner's needs for a residence and ( family type of farm. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Kona Community Development Plan Relative to the Kona CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the Kona COP was developed and adopted by the County Council during the latter part of the year 2008. The CDP identified its vision to be "A more sustainable Kona characterized by a deep respect for the culture and the environment...." In terms of guiding urban and rural developments, one of the adopted principles 19 called for developments in rural areas (such as the subject area) are directed to existing rural towns and villages. The subject property is situated outside of the Kona Urban Area and outside of the road concurrency map. In addition to the concurrency and land use map provision, the CDP also identified several principles related to the "vision" noted above. These principles and their relationship to the proposed rezoning follow. a. Protect Kona's natural resources and culture. The subject site does not have any critical natural resources, having been already developed as a farm with farm dwellings. The site is designated "X" on the Federal Emergency Management Agency's Flood Insurance Rate Map. This is areas outside of the 100-year storm. Appropriate on-site mitigation to accommodate project-generated drainage— if needed - will be addressed and implemented during the building permit and construction phases of this project. There are also no known floral or avifauna) resources that would be adversely affected by the project. Furthermore, the one identified archaeological site will be preserved. b. Provide connectivity and transportation choices. The area of this proposed rezoning is not identified as any future connector road or on the concurrency map of the Kona CDP. c. Provide housing choices. With the subdivision of this site, the Applicants would provide the opportunity for their child to finance and build her own home on the property. In that regard, it would provide a housing choice, although not necessarily for the public since the project is will result in the lot being conveyed to a family member. Nevertheless, it does provide a choice of some sorts for the Applicants and their daughter. d. Provide recreation opportunities. Again, this project is not a recreational one per se. Nevertheless, this site is not a critical resource for recreational opportunities, as it 20 is not a coastal property nor identified in the CPD as an area necessary for future recreational purposes. e. Direct future growth patterns toward compact villages, preserving Kona's rural, diverse and historical character. The location of this site is proximate to some A-la zoned properties and a golf course. The proposed FA-2a zoning would help foster this rural/agricultural concept. As such, the proposed project would be consistent with this principle. f. Provide infrastructure and essential facilities consistent with growth. The basic infrastructure, such as access and water, to support the additional lot already exits. Lot owners would supplement this with the construction of their own wastewater system. g. Encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies. The Land Study Bureau has classified the soil as "C" or fair and "0" or poor. In spite of these designations, the site has limited agricultural potential which will be enhanced should the project be approved. The rezoning would enable the land to be subdivided and thus make it more feasible for the Applicants and their daughter to live on site and develop a farm —even if only marginal. That would be way better than leaving the site in its current vacant, or limited grazing, non-intensive agricultural state. h. Promote effective governance. This principle is not applicable. In discussing the regional land use framework for rural areas, the CDP states that "Outside of Kona Urban Area, the character of the rural areas should prevail. ....(L)imited future growth should be directed to the existing rural towns and villages in a way that revitalizes and enhances the existing rural lifestyle and culture of those communities. The subject area is located close to the rural town of Kalaoa, approximately two (2) miles to the south. The creation of a one (1) additional 2+ acre size lots would help foster this goal. 21 D. Zoning and Subdivision The designated zoning of the site is Ag-5a. Should the FA-2a zoning be approved, the requirements of the zoning and subdivision codes would generally be complied, including use and related development standards. These include— if necessary - the incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. However, depending on the subdivision requirements, the Applicants may seek some relief of any infrastructural or related requirements. E. State Land Use Agricultural Standards As the requested lots will be more than 1-acre, the request would not in principle violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law would be adhered to. 22 1224-011216 DRAFT ARCHAEOLOGICAL INVENTORY SURVEY TMK: (3) 7-2-004:027 t I R Jt� 344. q'. MANINI'OWALI AHUPUA'A NORTH KONA DISTRICT ISLAND OF HAWAII HAUN & ASSOCIATES ARCHAEOLOGICAL,CULTURAL,AND HISTORICAL RESOURCE MANAGEMENT SERVICES 73-1 168 KAHUNA A O ROAD, KAILUA-KONA HI 96740 PHONE: 808-325-2402 FAx 808-325-1520 EXHIBIT A 1224-011216 DRAFT • ARCHAEOLOGICAL INVENTORY SURVEY TMK: (3) 7-2-004:027 MANINIOWALI AHUPUAA NORTH KONA DISTRICT ISLAND OF HAWAII Prepared by: Alan E. Haun, Ph.D. and Dave Henry, B.S. Prepared for: '.. Mr. Carl Carlson 73-1515 Apela Place Kailua Kona,HI 96740 January 2016 HAUN & ASSOCIATES ARCHAEOLOGICAL,CULTURAL,AND HISTORICAL RESOURCE MANAGEMENT SERVICES I 73-1 168 KAHUNA A'O ROAD, KAILUA-KONA HI 96740 PHONE: 808-325-2402 FAX: 808-325-1520 TMK : ( 3 ) 7- 2 - 004 : 027 Report No . 1224 - 011216 MANAGEMENT SUMMARY Haun & Associates conducted an archaeological inventory survey (AIS) of the 5 acre TMK: (3) 7-2-004:027 in Maniniowali Ahupua'a, North Kona District, Island of Hawaii. The archaeological inventory survey objective is satisfy current historic preservation regulatory review requirements of the Department of Land and Natural Resources-Historic Preservation Division (DLNR-SHPD), as contained within Hawaii Administrative Rules, Title 13, DLNR,Subtitle 13,State Historic Preservation Rules(HAR,Chapters 276 and 284;DLNR 2003). The AIS identified three sites with 14 features. The sites consist of two single feature sites (Site 50-10-19-30480 and 30481) and one complex of features with 12 features (Site 30482). The identified features consist of nine modified outcrops, two mounds, one terrace, one lava tube and one wall. Functionally the features consist of agricultural(12),livestock control.(1)and temporary habitation(1). The sites in the project area assessed as significant solely for their information content. The sites have yielded • information important for understanding historic ranching activity in the area and probable prehistoric,traditional Hawaiian habitation and agriculture use. The proposed use of the project area is for the construction of one to two residences. The mapping, written description and photography at the sites adequately document them and no further work or preservation is recommended. The landowners plans for the property will have no effect on the historic properties based on the survey findings. • • Cover photo:Site 30480 wolf(view to northwest) • HAUN &ASSOCIATES I ii TMK_ ( 3 ) 7- 2-004 .027 Report No. 1224-011216 Contents MANAGEMENT SUMMARY INTRODUCTION 1 Scope of Work 1 Project Area Description 1 Methods 9 • ARCHAEOLOGICAL AND HISTORICAL BACKGROUND 10 Historical Documentary Research 10 Previous Archaeological Work 18 Consultation 24 PROJECT EXPECTATIONS 24 ( FINDINGS 25 Site 30480 25 Site 30481 25 Site 30482 28 Isolated Object 33 CONCLUSION 34 Discussion 34 Significance Assessments 34 Treatment Recommendations 34 TRANSLATION OF HAWAIIAN WORDS 35 REFERENCES 35 Figures Figure 1. Portion of 1996 USGS 7.5'Kiholo Quadrangle showing project area 2 Figure 2.Tax Map Key 7-2-04 showing project area 3 Figure 3.March 8,2013 aerial photograph of project area(from Google earth) 4 Figure 4.Paved road to Puhia Pele and project area(view to northwest) 5 Figure 5.Tracked vehicle scars on surface rocks in disturbed area(view to north) 5 Figure 6. Project area vegetation(view to southwest) 6 Figure 7. Project area vegetation(view to northwest) 6 Figure 8. Portion of Soil Sheet 76 showing project area(from Sato et al.1973) 7 Figure 9.Extent of 1800-1801 Hualalai lava flows(from soest.hawaii.edu) 8 Figure 10.Ahupua'a boundaries 12 Figure 11.Portion of Emerson's 1891 Register Map 1280 15 Figure 12. Portion of 1924 Territory of Hawai'i Kiholo Quadrangle showing project area 16 Figure 13. Portion of 1928 Territory of Hawaii Puako Quadrangle showing project area 17 HAUN &ASSOCIATES ( iii TMK : ( 3 ) 7 - 2 - 004 '. DZ7 Report No . 1224 - 011216 Figures (cont.) Figure 14.Portion of March 27,1977 aerial photograph of project area vicinity(from U.S.Geological Survey) 19 Figure 15. Portion of Reinecke's site location map showing sites in Manini'dwali 20 Figure 16. Previous archaeological work 21 Figure 17.Site location map 26 Figure 18.Site 30480 wall(view to northeast) 27 Figure 19.Site 30481 plan map and photograph 27 Figure 20.Site 30482,Feature 6 modified outcrop(view to south-southeast) 29 Figure 21.Site 30482,Feature 7 mound(view to southeast) 29 Figure 22.Site 30482,Feature 8 modified outcrop(view to southeast) 30 Figure 23.Site 30482,Feature 10 mound(view to southeast) 30 Figure 24.Site 30482,Feature 11 modified outcrop(view to south) 31 Figure 25.Site 30482,Feature 9 terrace(view to southeast) 31 Figure 26.Site 30482,Feature 12 modified outcrop and profile of TU-1 32 Figure 27.Isolated Object 1 basalt adze 33 Tables Table 1. Non-cultural lava blisters 9 Table 2.Summary of previous archaeological work 23 Table 3.Summary of sites 25 Table 4.Summary of Site 30482 agricultural features 28 ( HAUN &ASSOCIATES I iv i MK : ( 3 ) 7 - 2 - 004 -. 027 Report No . 1220 - 011216 INTRODUCTION At the request of Mr. Carl Carlson, Haun &Associates conducted an archaeological inventory survey(AIS) of TMK: [3] 7-2-004:027; a 5.0 acre parcel in Maniniowali Ahupua'a, North Kona District, Island of Hawai'i (Figure 1. and Figure 2). The project objective is to comply with historic preservation regulatory review requirements of the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD), as contained within Hawai'i Administrative Rules,Title 13, DLNR, Subtitle 13,State Historic Preservation Rules(HAR, Chapters 276 and 284; DLNR 2003). The survey fieldwork was conducted November 24 and December 9-12 2015 by a crew of four archaeologists under the direction of Dr. Alan Haun. Approximately 10 person days of labor were required to complete the fieldwork portion of the project. Described in this final report are the project scope of work, field methods, background information,survey findings,and significance assessments of the sites with recommended treatments. Scope of Work Based on DLNR-SHPD rules for inventory surveys the following specific tasks were determined to constitute an appropriate scope of work for the project: 1. Conduct background review and research of existing archaeological and historical documentary literature relating to the project area and its immediate vicinity--including examination of Land Commission Awards, ahupua'a records, historic maps, archival materials,archaeological reports,and other historical sources; 2. Conduct a high intensity,100%pedestrian survey coverage of the project area; ( 3. Conduct detailed recording of all potentially significant sites including scale plan drawings, written descriptions,and photographs,as appropriate; 4. Conduct limited subsurface testing (manual excavation) at selected sites to determine feature function; 1 5. Analyze background research and field data;and 6. Prepare and submit Final Report. Project Area Description ( The project area is a rectangular shaped parcel in upland Manini'owali Ahupua'a at approximately 1,700 to 1,780 ft elevation. The parcel is situated approximately 250 meters seaward of the Hawai'i Belt Road (Route 190 and former Mamalahoa Highway).An aerial view of the project area taken on March 8,2013 is presented in Figure 3. The parcel is bordered along the northeast side by a paved road that leads to a gravel quarry(Figure 4).The large Puhia Pele crater is located to the north of the quarry. The remaining sides of the parcel are bordered by undeveloped land. There is an area of disturbance along the northeast side of the parcel, adjacent to the paved road (see Figure 17 in Findings section).This area exhibits tracked vehicle scars on the surface rocks and comprises 0.3 acres or 6%of the project area (see Figure 4 and Figure 5). The terrain in the parcel slopes gently to moderately to the northwest. The vegetation in the parcel is dominated by Christmas berry (Schinus terebinthifolius), with scattered jacaranda • (Jacaranda mimosifolia) and kukui nut trees (Aleurites moluccona), and an understory of fountain grass (Pennisetum setaceum), lemon basil grass (Cymbopogon citrotus) and airplant (Kalonchoe pinnate). Overviews of the project area vegetation are shown in Figure 6 and Figure 7. • The soil in the area is Punaluu Extremely Rocky Peat (rPYD) on 6-20%slopes (Sato et al. 1973:48 and Sheet 76— Figure 8).This soil is characterized by a 4 inch thick surface layer of black peat overlying pahoehoe lava with HAUN &ASSOCIATES I TMK:( 31J-2-004 '. 027 Report No .1224-011216 xd -- . 9 I - - _ gy .�� .. - \\ -- i f e ___ ( . 6 __ - 1 _ - _. .I ,. 1 ,fes ...y,. . _ AW: ,- f1 / _ N- et 13•414 Figure 1.Portion of 1996 USGS 7.5'Kiholo Quadrangle showing project area HAUN &ASSOCIATES 12 TMK ( 3 ) 72004027 Report No . 1224 - 011216 s : 'T j .. � 1iI- ilo i i ii lit It 111 1 i \ `b .------;, ::: I �) , .� " r <v I} a ( , 2 C �/ r o''., _� �_�i. ry ' % 2 3 �� I Mf / v. r • ! :.. - l` 4 I J i. 1 = g 1 CV 4,t• '3 • ....I i D. v IIirr} El S10 rif 32 WAAh-i'' [pwT.wdvi - ' , " �tIABk 600 HAUN &ASSOCIATES 13 m L E E a a a • O 9 • • R L � C Ilk o o V o a E 0 a _ m � o i a 6 O 1,1 HALIN & ASSOCIATES 14 111.• r 1 h P!*4 Figure 4.Paved road to Puhia Pele and project area(view to northwest) P • • VAj Figure 5.Tracked vehicle scars on surface rocks in disturbed area(view to north) HAUN &ASSOCIATES ] 5 t / « s J " at _. . v 4 n o r 4. r? st 4 , � �- `iS I F. J Yt (� f 1Y JLA R Fc: , ,,, . ....Y df °3 4 ..r �e`'�4 '�,`�lgFr* yF��' r 1, /q, t s- J 1 'V ter figure 6.Project area vegetation(view to southwest) w (� - 1 y/r .jj J i-St f n �. t t f yM.1 '[..:'‘t,..; • i,: i t f -de o ♦ � f r Y`'_ t4 * i t ,,. i +x Figure 7.Project area vegetation(view to northwest) HA IN & ASSOCIATES 1 6 W • • rCL i a h. 4, fr ?Vf 7 _h,. ...gt Sak. .•nvs Y i Jf.. a a' 40011110 f►Ip 1 s rU1- : . ,f$ tsr LW 1 1 . A V ^F r ^ S P "-at., ra ! i i Tr Pt: el.Likr ai ii. 8 4 : . - nap sl 1 - i.,...„,;:,.... ^,. . .. . . (PTO . . Pt"... in Figure 8.Portion of Soil Sheet 76 showing project area(from Sato et a1.1973) HAUN &ASSOCIATES 1 7 exposed outcrops occupying 40 to 50% of the ground surface. The soil has a rapid permeability, a slow runoff potential, a slight erosion hazard and is classified as suitable for pasture. The underlying pahoehoe lava was deposited from Hualalai Volcano, deposited between 3,000 and 5,000 years ago (Wolfe and Morris 2001:12 and Sheet 1). Annual rainfall in the vicinity of the project area ranges from 750 to 1,350 mm (29.5 to 53 inches - Giambelluca et al. 2013). The mean average temperature in this general area is c. 75 degrees F (Juvik and Juvik 1989:51). There are no surface water sources on the property. The project area is located approximately 200 meters inland of one lobe of the 1801 Huehue lava flow from Hualalai Volcano. According to the University of Hawaii School of Ocean and Earth Science and Technology (SOEST),eruptions from Hualalai Volcano between 1800 and 1801 produced an estimated 300 million cubic meters of lava that entered the ocean off the west coast of Hawaii Island (www=oesthzwali.edu). The lava originated from five vents; although flows from only two of the vents reached the sea.These main flows consist of the 1800 "Kaupulehu"flow and the 1801"Huehue"flow'(Figure 5). Hualalai Volcano t'ieh: r^ . s4 c� Ifi r aw t�_tip n Ai, f` -.P' 11 'ina Wn 7- Alk _ ' .� zya � F • !- ; ' Pro�ee, I I i �i ~ 4 i,Q r - a \ -, ,ty,,,, f �i _/ I �4 l . \l .'e N D 2I , _ lu -(�>.- y, r, n,,.c:r:.s=,s a'is n:ee; Figure 9.Extent of 1800-1801 Hualalai lava flows(from soest.hawaii.edu) HAUN &ASSOCIATES 18 TMK '.( 3 ) 7-2-004 : 027 Report No -1224-911216 Methods Archival research was conducted at the Hamilton Library Hawaii and Pacific Collection at the University of Hawaii -Manoa,the University of Hawaii-Hilo Hawaiian Collection,the Land Survey Office and the Archives Division of the Hawaii Department of Accounting and General Services,the Bishop Museum Archives,State Historic Preservation Division library, State Survey Division, and the Hawaii State Public Libraries in Honolulu and Hilo. The field work portion of the project consisted of a 100%surface examination of the parcel with the surveyors walking transects at 10-meter intervals. Ground surface visibility throughout the parcel was fair.The features identified during the survey were flagged with pink and blue flagging tape and their locations were determined with the aid of a Garmin Global Positioning System (GPS) Model 60-series device using the North American Datum (NAD) 1983 datum.The accuracy of the GPS device for a single point is./-3-5 m.This accuracy is increased to approximately 2-3 meters by taking multiple points including property corners and overlying the plotted points on a scaled map using AutoCAD software. The boundary for most of the sites was defined based on proximity and probable age. Features that are likely of similar age(prehistoric, historic) and are less than 15 meters apart are considered to be one site. An exception to this is agricultural features that are present throughout the project area.These features were assigned a single site designation. Most of these agricultural features were subjected to limited recording, including documenting length, width, height, shape and construction. Representative photographs were taken of the various formal feature types. The remaining sites and features in the parcel were subjected to detailed recording including the preparation of scaled plan maps,preparing standardized site and feature forms and photographic documentation. The survey also identified seven small non-cultural lava blisters. These natural features were carefully examined ( during the project and no cultural material or evidence of use was present. The non-cultural blisters (NCB) are summarized in Table 1 and their locations are depicted in Figure 17 in the Findings section of this report. Table 1.Non-cultural lava blisters 1 188457 2187284 1855 1224-29 2 188418 2187294 1892 1224-17 3 188411 2187293 1897 1224-18 4 188398 2187287 1898 1224-19 5 188464 2187307 1880 1224-14 6 188577 2187305 1850 1224-31 7 188422 2187270 1878 1224-32 Subsurface testing was conducted at one feature of one site. The test unit was excavated in arbitrary levels within stratigraphic layers and was terminated on bedrock. Standardized excavation records were prepared after the completion of each stratigraphic layer.The soil removed during excavation was screened through 74"mesh. No cultural material was recovered for analysis. Following the excavation,a section drawing depicting the stratigraphy was prepared and post-excavation photographs were taken. HAUN &ASSOCIATES 19 TMIK : ( 3 ) 7 -2-004 : 027 Report No . 1224 011216 ARCHAEOLOGICAL AND HISTORICAL BACKGROUND Historical Documentary Research The project area is situated in the inland portion of Manini'owali Ahupuaa in the North Kona District of Hawaii Island. The project area is bordered by Kukio 1-2 and Kaupulehu Ahupuaa to the northeast and by Awake'e Ahupua'a to the southwest. The boundary between Maninfowali and Kukio 1-2 Ahupuaa is not depicted on available quadrangle maps, tax maps or historic maps of the area. Manini'owali extends from shoreline between Kahoiawa and Kua Bays inland for approximately 8,200 meters (5.09 miles) to approximately 2,400 ft elevation (Figure 10). Manini'owali Ahupua'a lies within the region north of Kailua called Kekaha,which is described as a "dry,sun-baked land" by Kelly(1971:2). Maly states that the Hawaiian residents of the area describe the region as Kekaha-woi-'ole o nd Kona (waterless Kekaha of the Kona District— 1998:4) and koha 'al 'ole (a place without vegetable foods — I 1998:63). Early events documented in the Kona regional traditional history are associated with'Umi-a-Liloa. Hawaii was first unified under the rule of'Umi-a-Liloa and Kona was selected as a dwelling place of chiefs (Kamakau 1961). The area ties within the realm of the traditional Hawaiian political authority that was centered in the Kailua-Keauhou area from at least the 15th century to the reign of Kamehameha I.The beaches of Kekaha were known as important fishing areas for aka, uhf, and kola since at least Umi-a-Liloa's time (Kamakau 1961:19-20).These fishing grounds were also a favorite of Kamehameha I during the last years of his life between 1812 and 1819(Kamakau 1961:203). One account about Umi by Kamakau (1961:215-216) mentions the coast between Ohiki and Ka'elehuluhulu (seaward of the project area) before it was covered by lava in 1800-1801. According to the account, Umi was fishing in the area with another chief, Pae, who died suddenly at sea. Umi instructed Pae's sons to bury their father. On the advice of one of Pae's attendants, the sons hid their father's bones. Umi subsequently used divination to locate the bones and used them to make fishhooks. A vast fishpond known as Pa'aiea once extended along the coast between Ka'elehuluhulu south to Kalaoa (Maly 1998). In about 1780, the lands of Kekaha were given to the twin chiefs Kame'eiamoku and Kamanawa by Kalaniopu'u for their assistance in helping him defeat Alapas son Keaweopala and secure his Hawaii Island rule (Kamakau 1961:310). In 1801, lava eruptions in Ka'upulehu and Puhi-a-Pete destroyed the vast Pa'aiea fishpond and other ponds on the coast between Kukio and Ka'upulehu (Maly 1998). The eruption ceased shortly after Kamehameha personally made an offering to Pele. • Maly (1998) provides a detailed presentation of mythical and legendary references to Kekaha and the ahupuo'a and places that comprise it. Ka'elehuluhulu in Kaulana was an important canoe landing (1998:47-48). The name Ka'elehuluhulu means "frayed canoe hull" and came to be used because at low tide canoes using the channel to the landing had to be dragged over the shallow pahoehoe. The legend of Makalei describes the water caves of Kekaha and many other facets of life in the region (1998:57-71). Makalei learned to fish at Ka'elehuluhulu and learned to farm in the uplands. The family's farm lands were on the south side of Akahipu'u, a hill located approximately 500 meters south of the project area (see Figure 10). Makalei's father collected water in a secret cave discovered by his son using canoe-like troughs made of ohio and wiliwili wood. An account of Makalei's discovery of the cave is presented in a 1924 article printed in the Hawaiian language newspaper Ka Na'! Aupuni. A translation of this article from the Nupepa-Hawaii website (http://nupepa- hawaii.com/tag/huehue-ranch)is presented below: HAUN &ASSOCIATES I 10 IM K _ I3 ) 7- 2-004 .027 Report No - 1224 - 011214 This is a cave to the south of the hill of Akahipuu, and it was there that a man named Ko'amokumoku-o-hueia [Ko amokumokuoheeia] lived,who came from Koolau and settled here, living as a newcomer. And he lived here with his family: his wife, whose name was Kahaluu; and their two daughters; and one young son named Makalei. And it was for this boy that this cave is called the cave of Makalei until this day. While this man was living here, he began to farm taro, sweet potato, banana, sugar cane, and awa;and A all appeared to be well watered. The natives of the area came to him and said, "The problem with this land is the water; it is a land without water,and you have to get water from the cave,but the places to store water here are kapu and cannot be fetched from in secret; if you are caught, you will be killed by the one who the water belongs. Ko'amokumoku-o-heeia heard this talk of the locals,and this caused him to contemplate about where he and his family could get their water;and therefore,he made a reservoir[pa-o wai?]for himself, and when the rains returned, water would fill receptacles [haonal then be held in the reservoir. While living there with the family, one day,the boy went to relieve himself at a ravine behind their house,and while he was throwing the old waste into a plain old hole, right then wind blew out from that hole,and Makalei examined it and saw this deep,dark hole. This boy was however not frightened at all; he stood up and went to where his father was farming and said: "I went over there to defecate, but this is the astonishing thing, there was a lot of wind coming from that pit,maybe it is a hole of winds." "Where?"the father asked. "Down there,"and the father went to see. When Ko'amokumoku-o-heeia reached the area and cleared away the stones covering the hole, he saw that it was a deep cave and wind rose from it as if it came from the mountains. He turned and said to the child, "We have our place to hold water for our life here in this land without water,and I will make a hole for us to defecate in." The mouth to the cave was finished off nicely and there they defecated; while one side of the opening was made so that a person could enter. No kamaaina knew of this cave, and he did not tell his wife, and nor did he talk of it again to his son;he totally refused to speak of the things pertaining to this cave. HAUN &ASSOCIATES 111 TMKH3 ) 7- 2 - C04 . Oi '1 Report i : . 1224-011256 11 SW feel R :mx..aw, _r M ohs walu PtS w....say It c......xn....>µn..m..r,r - t 4 wle• •p / S G e ` �i ...w.n. w j" oww w.wwn...rgx.N Ratilean*.y .:: ill.nala Bay .00 I rt.Mei Sir 4/ 9 4se -1 1'44 ; ,rw 0. 0 i _ • i fir... .ww _ ta0f rove flow _ / _ - — _ t 0 / .\ e k4 ...S. rooc<area ./ p1/o. I _ 444 j" / Pj £4 ) I I PU•It I Mbr I( 4er5I www 4it 4 I . <py "0 wo 120 14" 100 ism 1 floc no, zap Figure 10.Ahupua a boundaries HAUN &ASSOCIATES 1 12 TMK . ( 3 ) 7- 2-004. 02] Report No . 1224 -021215 One day,he entered the cave and saw the great vastness, and that he could walk upright without his head touching the wall above, and there was a lot of water dripping down; he decided to make containers[waa]of ohia,and containers of wiliwili. In the night he fetched wiliwili and carried it on his back inside the cave,and it was inside of the �'. cave that he dug until he made the opening of the wiliwili water container;the ohia chosen was dug out by the farmer and he carried it on his back into the cave.The inside of the cave grew criss-crossed with water troughs of wiliwili and ohia; there was just so many of the water containers that continued to be fitted inside. When the dry season of this land returned as always,he did nothing other than farm,and he had ample water and had no problems with it. It was at night that he fetched water and filled containers and gourds [olo], until the reservoir was full,and this was their drinking water for the month,and so forth. The locals were suspicious about where these people go their water from,being that they did not see the source of their water,and they spoke often about the water of these malihini. This cave still remains,and the entrance is very small but made like the entrance to a house, but within is very spacious and the walls are very tall. ( When Maguire lived at Huehue, a great water catchment was built inside of the cave and a pipe was laid from the catchment until his house because he wanted cold water like ice water; also, pipes were laid above the catchment so that more water would go into it. The story of this boy, Makalei is a beautiful one, along with his father,and it is a very long story; and should the writer have time to write this touching entertainment,then Makalei will be seen, the one whose name this cave is named after,Makalei Cave. One of the first western accounts of the Kekaha region comes from Ellis (1963)who reported the observations of the Reverends Thurston and Bishop during a walk along the coast north from Kailua in 1823. They described • houses along the coast built on lava and small gardens in the lava where sweet potatoes,watermelon,and tobacco were grown.The Rev.Thurston had a meeting house built at Ka'elehuluhulu,which also served as a school(Maly 1998:72-74).John Ka'elemakule,Sr.attended the school in the 1860s and attended services held by Rev.Thurston (Maly 1998:74). Mr. Ka'elemakule recalled that a remnant of the great Pa'aiea fishpond was located at Ka'elehuluhulu.He built a house at the coast in Mahaiula in 1880 near where he was buried in 1936. Schilt(1984)summarized Kailua's early historic period.In the late 1700s to early 1800s,Kamehameha monopolized foreign commerce including the provisioning of trading and whaling ships and beginning in 1811 the sandalwood trade. The first missionaries arrived in Kailua in 1820, but only stayed a few months.They returned in 1823 and were given land to establish missions and by 1825 schools.The gradual shift from subsistence farming to a market economy began with the introduction of coffee,corn, pumpkins,cotton,pineapple,and Irish potatoes in the 1820s to 1840s. Introduced early historic crops cultivated in the vicinity of Kailua below 500 ft elevation included melons, cabbage, onions, oranges, and tobacco.The introduction of cattle ranching and commercial coffee production in • the mid-1BOOs caused further change to the traditional agricultural system. HAUN & ASSOCIATES I 13 TMI: : (3 ) 7- 2-004 '. 027 Report No . 1224-011216 In the 1840s, a political act of the Hawaiian Kingdom government would forever change the land tenure system in Hawaii and have far-reaching effects on its people.The historic land transformation process was an evolution of concepts brought about by fear,growing concerns of takeovers,and western influence regarding land possession. King Kamehameha III, in his mid-thirties,was persuaded by his kuhina nui and other advisors to take a course that would assure personal rights to land. All lands were segregated into one of three categories including the"Crown Lands" owned by the occupant of the throne, "Government Lands' controlled by the state, and "Konohiki Lands" controlled by the chiefs and"were all subject to the rights of native tenants"(Chinen 1958:29).The Kuleana Act of 1850 allowed for fee simple land ownership by commoners. In 1846, King Kamehameha III appointed a Board of Commissioners, commonly known as the Land Commissioners, to "confirm or reject all claims to land arising previously to the 10th day of December,AD 1845." Notices were frequently posted in The Polynesian (Moffat and Kirkpatrick, 1995); however, the legislature did not acknowledge this act until June 7, 1848 (Chinen 1958:16; Moffat and Kirkpatrick 1995:48-49) and the act is known today as The Great Whale. In 1850, the Kingdom government passed laws allowing foreigners to purchase fee simple lands(Speakman 2001:91). The Waihona 'Aina (2000) Mahele database; which is a compilation of data from the Indices of Awards (Indices 1929), Native Register(NR n.d.), Native Testimony(NT n.d.), Foreign Register (FR n.d.) and Foreign Testimony (FT n.d.);lists no claims for Manini'owali Ahupua a. Figure 11 is a portion of Emerson's 1891 Kailua Section map (Register Map 1280) which shows the project area located within Awake'e Ahupua'a on an old pahoehoe lava flow inland of the 1801 lava flow. Maniniowali and Kukio Ahupua'a are not depicted. According to this map, the area was awarded to Namau'u for KekOanao a as land Commission Award 10474. Figure 11 depicts no land grants within the project area; however several are located in the general vicinity. Grant ( 1580 is located to the south of the project area. According to the Waihona 'Aina (2000) MOhele database, this grant comprised 160 acres in Mahaiula Ahupua'a and was awarded to Kaohimauniu in 1855. Figure 11 shows Kula's house located at the seaward end of Grant 1580, with a road connecting the house to the historic • Mamalahoa Highway. There is a cluster of grants to the south of Grant 1580.These consist of Grants 2022 and 2122 along the seaward side of the Mamalahoa Highway and Grants 1578, 1579, 2119 and 2410 along the inland side of the road. • According to the Waihona 'Aina (2000) Whale database, Grant 2022 was a 206.334 acre parcel awarded to Puhilaolao in1856.Grant 2112 was a 156.33 acre lot awarded to Hoopulaau in 1856. Figure 11 shows Kahaunaele's house located in the inland portion of Grant 2112. Grant 1578 was a 124 acre parcel awarded to Kuapuu in 1855. Figure 11 depicts the Puu Kala school house in the northwestern corner of this grant, inland of the government road. Grant 1579 was a 212.5 acre parcel awarded to Puhilaolao in 1855.Grant 2119 was a 75.33 acre parcel awarded to Kaiama in 1856.Grant 2410 was a 208.66 acre parcel awarded to Kuapuu in 1857. A series of houses are shown along the seaward side of the road north of the hill labeled"Akahipuu". In the 1870s and 1880s, ranch operations were established on private land and land leased from the government (Maly 1998:31). John Avery Maguire established Hu ehu'e Ranch in 1886. The ranch headquarters is depicted inland of the project area on the 1924 Territory of Hawaii Kiholo Quadrangle (Figure 12) and on the 1928 Puako Quadrangle(Figure 13). Portions of the area from Ka'upulehu to Kaulana were soon added to the ranch through lease and purchase. Kau Ahupua'a was purchased from Allen Wall in 1917 and added to the ranch holdings(Schilz et al. 1993:11). By the early 1920s, the ranch consisted of over 40,000 acres with 2,000 Hereford cattle (Maly 1998:31). HAUN &ASSOCIATES 114 Tf.9R : (3 ) ] -2- 004 : 027 Report Vo 1224 . 011216 ._a..a Eb. Y ,..a... A u..an. 4 I a _• ) 1 ! - "y • e i c _ � t KA w EJECTION ` - e • Figure 11.Portion of Emerson's 1891 Register Map 1280 HAUN &ASSOCIATES 115 TMK '. ( 3 ) r 2 - 004 : 027 Reooct No . 1124 -011216 ;(�� a !� r t lei rl � s trr xyaJ > �y402r , ' gl; Ja � J ' y�ya s - -T .0 1t '" . �e0.as1 ./ 'rte/.'p+�yy N t r..-5------------- i`f. ( yr .1' l it y r. t{ f sr t�j(�, 1 „ ( { 1 ` - y f it �� I - _..- fid. _ , ,- _ � l���***--- t $- ilir YYY , i ALI It / t- . -f, • ‘.- ,... gera/7 4% Figure 12.Portion of 1924 Territory of Hawaii Kiholo Quadrangle showing project area HAUN &ASSOCIATES I 16 TMK '. ( 3 ) 7 - 2 -004 : 027 Report No . 1224- 01121E j{ z kthi Aumukehu Pt --.\ G .. - • . \ ' Ve \ : fi ' \ x \� \� \ `7 >, ('jeoopoornina _ •� • . \ - ./ \ 70— ''.Muhe«nui , . N `: 11 _ - 1v .'�u a O o \i- , n.vg Puy lhefekai e 1/4' j _ i If 7n , q' � aaFL,W o\ 8 1, • 1 j- ~' � $ ...0 \ ( ' I...e /lfi '.ta,� dr "r1 .. /Ii'b r`�y4,....„7„4, „ r«nrh ..zs6 ogee" of ...,;%-; 1 V -i- a ' .-. r , - > r- 6 Figure 13.Portion of 1928 Territory of Hawaii Puako Quadrangle showing project area HAUN &ASSOCIATES I 17 TMK . ( 3 ) 7-2-004. 027 Report No . 1224-011216 Water for the ranch was initially supplied by a pipeline that brought water from the Makalei Cave on the south side of Akahipu'u. Maguire reportedly used a windmill to pump water from the cave to a reservoir at Hu'ehu'e Ranch. Later, water for the ranch came via the Holualoa-Puuwaawaa Pipeline, a seven mile long pipeline that provided water to the area(Henke 1929:28-see Figure 13).Water to the ranch came from an off-shoot pipe that extended seaward from the main pipeline. John Maguire served as the manager of the ranch until he died in 1920(Henke 1929:28).After Maguire's death the operation of the ranch was conducted by a board of directors consisting of Robert Hind, John Clarke, Robert Wallace, Frank Greenwell and Walter Ackerman (ibid). According to the Hawaii History website,"Two generations after Maguire's time, his granddaughter's husband, Arthur Stillman, took over ranch management and built Hu'ehu'e into one of the top 20 landholdings in Hawaii(hawaiihistory.org).The Hu'ehu'e Ranch is still in operation today. Figure 14 is a portion of an aerial photograph of the project area vicinity taken on March 27, 1977 by the U.S. Geological Survey and obtained from the University of Hawaii at Manoa online library (http://magis.manoa.hawaii.edu). This map depicts widespread clearing throughout the region,including portions of the project area. This clearing is likely the result of cattle ranching in the area.The photograph also shows the road that extends along the northeast side of the project area,extending from the Hawaii Belt Road to Puhia Pete. Previous Archaeological Work A search of DLNR-SHPD archaeological report database and other sources indicates that while the coastal portion of Manini bwali Ahupua'a, seaward of the Queen Ka'ahumanu Highway has been extensively studied, limited research has been conducted in the inland portions.The first survey of the ohupua'a was undertaken by Reinecke (1930),who identified four sites with 18 features(Sites 104-107—Figure 15). These features are described below: Site 104.Small house platform;one natural and two artificial shelters. Site 105. In a patch of coral fragments:two platforms and a pen. Above them are some shelters • and indistinct wave torn ruins. Perhaps there were a dozen platforms. Site 106.A narrow pen and more wave-torn platforms. Site 107.Coral:platforms under it;four or five shelters;only one site clear(1930). As stated, the area seaward of the Queen Ka'ahumanu Highway has been subjected to multiple archaeological investigations(Figure 16). Cordy(1981) examined the coastal portion of Manini'owali Ahupua'a and identified 12 sites with 23 features.Several of the sites corresponded to those noted by Reinecke(1930).The identified features consist of five platforms,three canoe sheds,a C-shaped wall,five caves six enclosures,a walled pit, pavement and a partial enclosure. Cordy (1986) also conducted a field inspection at Kua Bay in the seaward portion of Manini owali to assess damage to archaeological sites that were impacted during grading activity. Damage to several features was observed and a newly identified enclosure was found. • The seaward portion of Manini owali and Kukio 2 Ahupua'a, was subjected to a reconnaissance survey by Ladefoged (1989), identifying 131 sites and 2,703 features. Most of the sites were located along the coast and included permanent habitations and ceremonial sites. The sites in the inland portion of the area consisted of temporary habitations and trails.The same area was subsequently examined by the Bishop Museum in conjunction with a land exchange program to obtain the property for the Kona Coast State Park (Sinoto and Pantaleo 1990). This assessment identified 79 sites with 971 features;although very limited was collected(1990:14-18). HAUN &ASSOCIATES I 18 :.>f br Jot.'-" »- ,,! - �. i s a z �� ` • II' •,4� ITT-N.. r 5 f • 3 X. • 1I: r t: Puhia P - _M 3 '.Y + •1. , t' ' M .Project area . `se. ft ;'F r kr.�K. .v y t" ahu a Ranch . � j f4., Figure 19.Portion of March 27,19777 aerial photograph of project area vicinity(from U.S.Geological Survey) HAUN &ASSOCIATES I 19 TMK '. ( 3 ) 7-2 - 004 : 027 Report No . 1224-011214' o� p pQP / h4 P ` 1� . moo''' L ?eM //./,X --1 0, Hoc 6 :/ it -11.t6 AlS Q! Je��.�f. CS ' Site 107 r`� .f.•` • .- l'°rt Site 106 7%J-L 4PO//S lie Pvia /o iy5j Sfte 105 -.-� ,�, • IAJf �1 f Site 104 -- ;i1W':: -_-_,r2.---___- t Xcrhola wa Bad- %� ffahoia rro PE -fr;fJ �.�,,``1.✓' jr Sal if' i/'411 411.7,.4 • r etct.. 7 ./ r .;Cd .'s Kw it ` fi--'= -c,. 7 .fee BGy7. .{ I .• % ; r, ) /c-- 'ri.�;i cr.....- -1- .... f > >--_'- �, ray", , : • , 1 r ;'• re -�� _ , / , fia/a" ..;,;rl 1 1. 1)-:- 11;. . • » +� r J �� ;S " . ,�` i 1, f t' r i."--P- ,q ' .1ix "M i �sJ- r` i1 fJ �r✓ 15.1,,,;../ . / f- .z7 rr/ I u ten: �s . . - /cc; / r F/ i %•-. /-,t.Jam• i/ it r1 a A,��,slky :: .1 , 1 - r �, �f♦(�'ic• rjf -I-1A lY C:'` Jiff 1 •.-.. ever, ..SY •..__?:T.tf t r' -` / Figure 15.Portion of Reinecke's site location map showing sites in Manini uwali HAUN & ASSOCIATES I 20 TMx _ (3 ) 7 -2- ] 64 .02 ) Report No -1724 -U11216 15,360 fo•t H 3 �isrn Italneuta .gym hnn Em '�.:sensor C.dy t.126N PEW.,... - -V j t Kai. 1 - / 1 O 6 •wwaw WN .y� 0 - fT • r.I1MEI • $ Dye ar•031 N O Pa AIM Say Se _ ^ Wr —Wllt.xl x..r.r.. 4q y44. / 4 II i mo� .xar mn, ian-01501). 41, nal 'aye flow I- - - 1 -. Hawaii Balt Road Pkq`t - - - ram S. _ 4VM 4^,, Pr aeet are./ - ,14 —44 i K40 OH 11 k04 ...y /- _ - . 4A` it P 44 I I I Contour Interval.2WRut a9r tW -- - r i .. IFigure 16.Previous archaeological work HAUN &ASSOCIATES 1 21 TMK : 13) 7-2-004 '. 02] Report No . 1224- 01121 6 The first systematic archaeological inventory survey of this area was conducted by Pantaleo et al. (1992).This area extended from the Queen Ka'ahumanu Highway seaward to within 450 meters of coast at elevations ranging from approximately 80 to 280 ft. A total of 25 sites with 1,305 features were documented.The majority of the features (1,191)were excavated pits with the remainder comprised of burials,temporary habitations, agricultural features, and trails. Four charcoal samples from two features were submitted for radiocarbon dating. The dated features consist of a surface enclosure(Site 5341)and a lava tube(Site 5348). Multiple ages ranges were obtained for each feature, with age ranges of AD 1327-1850 and 1680-1954 from Site 5341 and AD 1020-1280 and 1420-1954 from Site 5348(1992:80). Dye (2002) subsequently documented over 1,200 excavated pahoehoe pits in the area previously surveyed by Pantaleo et al.(1992). He convincingly argues that traditional Hawaiian cultivation in excavated pits was in o'o lava and concludes that agricultural use of the pits in his arid project area would have been too marginal to warrant the apparent intensive effort put into excavating the pits. Dye evaluated the hypothesis that the pits were used to obtain stone for construction and discounts it as a primary purpose for pahoehoe excavations. He also evaluated the hypothesis that the pits were used as nesting sites. This was confirmed for a very small number (19) of pits where gravel-size pieces of pumice that had been digested by sea birds were recovered. Radiocarbon dates on a sea bird bones habitation sites in Dye's project area indicated that the birds were being used as food sometime in the A.D 1500s to 1600s(2002:58). Cultural Surveys Hawaii conducted an inventory survey of the future site of the West Hawaii Veterans' Cemetery ( at approximately 420 to 590 ft elevation (Hammatt and Chiogioji 1995). The majority of this project area is in Manini owali Ahupua'a,with a small portion in the adjacent Awake'e Ahupua'a.Only one site was identified in this area, consisting of a trail designated Site 19430. A site presentation plan was subsequently prepared for the Site 19430 trail(Borthwick 2000).A preservation plan for another portion of the trail was prepared by Mitchell(2011). Davis (1977) and Cordy (1985) utilized a three zone model to characterize settlement patterns in O'oma and Kalaoa that is applicable to the current project area.The model's environmentally-based zones are: (a)the Coastal Zone from sea level to 20 ft elevation within 150 ft of the shoreline,(b)the Barren or Transitional Zone from 20 ft to 450 ft elevation, and (c) the Upland Forest Zone from 450 ft to 3,400 ft elevation. Permanent and temporary habitation sites are present in the Coastal Zone along with burials, holua slides, petroglyphs, saltpans, fishponds, refuge caves,and ritual sites including heiau and shrines. Sites in the Barren Zone primarily consist of trails linking the coast to the inland agricultural fields and temporary habitation sites. Upland Forest Zone sites include permanent and temporary habitations and agricultural features, primarily modified outcrops, mounds, and excavated depressions. Refuge caves are reported by Walker and Rosendahl (1990), and Head and Rosendahl (1993). Soehren (1982) identified a possible heiau and Head and Rosendahl(1993)assigned a ceremonial function to an enclosure in a lava tube. Petroglyphs and burials have also been identified at upland sites.The present project area is located within the Upland Forest Zone. As stated, extensive research has been conducted seaward of the Queen Ka'ahumanu Highway in Manini owali. While numerous sites have been documented in the Coastal Zone below the 20 ft elevation, these projects were reconnaissance level surveys and cursory field inspections and do not provide suitable data for determining site density estimates.The Pantaleo et al. (1992) inventory survey in the lower portions of the Barren does however provides comprehensive site descriptions and functional interpretations. This is also true of the Hammett and Chiogioji(1995)survey located in the upper portion of the Barren Zone and the lower portion of the Upper Forest Zone. No archaeological inventory surveys have been conducted in the inland portion of Manini owali Ahupua'a. In order supplement the lack of site distribution data for the interior portions of the area, an archaeological inventory HAUN &ASSOCIATES F 22 TMIK : 3) 7-2-004 .027 Report No 1221 - 011215 survey of nearly 1,000 acres located just south of the project area is included for discussion purposes. Haun et al. (2005) conducted a survey of a 989 acre parcel in upland Kaulana, Awalua, Ohiki, Pu'ukala and Kau Ahupua'a at elevations ranging from approximately 1,800 to 3,220 ft. This study identified 35 sites with 56 features The identified features consist of enclosures, lava tubes, mounds, walls, cairns, lava blisters, modified outcrops, concrete slabs, alignments, and one each of the following; retaining wall, terrace, pipeline and water tank foundation. Functionally, features are interpreted as temporary habitation, temporary habitation/burial, burial, livestock control, agriculture, marker, foundation, historic habitation, ceremonial, permanent habitation, transportation,water storage,water transportation and indeterminate. Table 2 summarizes the findings from the data Pantaleo et al. (1992) located in the lower portions of the Barren Zone,the data from Hammatt and Chiogioji (199)survey in the upper Barren Zone/Lower Upland Forest Zone and the data from the Haun et al.(2005)survey in the upper portions of the Upper Forest Zone. The projects in Table 2 cover 1,430 acres identifying 61 sites with 1,362 features. To aid in reconstructing settlement patterns, features were quantified by probable age and function.Traditional Hawaiian features were categorized as habitation, agricultural, burial, trail, and ritual. Features not assignable to these categories were categorized as miscellaneous/indeterminate and primary consist of pahoehoe excavations, indeterminate and marker features. Table 2.Summary of previous ardaaeological work L - cam,. ti - r I� Lower Barren VantakaH Manlniowall Miscellaneous feature= Zone a1.11992) and Kukiop E111m111:11m®,®m=©,® paha hoe excavations Upper portion of Barren Hamman Zone/Lower and ManiniowaP portion of Chiogioji and 0.wake'e Upland Forxt (19951 Zone H6mric features=walls, Kaulana. ketone foundations and water Upper Goren Haun et al.Awalua,nhiki, . storge/transportatlon fealvres; Zone (2005) I Pu'ukala and Misrellaneoeater mark= Kau Indnamnateu,andx features .,,,...., ".: ,\ 2.2r-Tota1s1430 ne tMv=MOM e:a111113111MMINIZSZIMITE . ... Density values are given for sites, features, and habitation and agricultural features. Overall, the studies have identified 66 habitation features, 68 agricultural features,3 burials,2 ritual features, and 3 trails.Historic features were not segregated by function but include ranch walls, foundations and water storage and transportation features.Overall site per acre density ranges from 0.02 to 0.06 sites per acre with an average density of 0.04 sites per acre.Feature density values range from 0.02 to 3.36 features per acre. Habitation feature density ranges from 0 to 0.12 features per acre with an average of 0.07. The majority of the habitation features (98%) are temporary habitations. Agricultural feature density ranges from 0.2 to 0.85 features HAUN &ASSOCIATES 23 TMK . ( 3 ) 7- 7 - 003 '. 027 Report N0 . 122 .1 - 011516 agricultural feature density.The area overlapping the upper portion of the Barren Zone and the lower portion of the Upland Forest Zone has the lowest site/feature density. Consultation Haun & Associates conducted multiple informant interviews with Mr. Clifford Medeiros in association with an inventory survey of the Makalei Country Club in the adjacent ahupua'a of Kaulana,Awalua,Ohiki,Pu'ukala and Kau (Haun et al. 2005). Mr.Medeiros was born in 1934 and worked for the Hu'ehu'e Ranch from 1960 until 1990 when he began working for Makalei Golf Course. He worked for the ranch and golf course as a mechanic and equipment operator. Although he does not specifically mention the current project area, he does recall that much of the Hu'ehu'e ranch lands were cleared of vegetation using bulldozers and other equipment. The project landowner, Mr. Carl Carlson provided information regarding the project area to Alan Haun in January 2016. Mr. Carlson purchased the project area in January 2015. He grew up in the area and lived in the Hu'ehu'e Ranch headquarters from 1970 through 1979 in one of the buildings depicted in the Figure 14 1977 aerial photograph. Mr. Carlson recalls chain dragging the area in the 1970s using a 07 tractor and an anchor chain and thought that this had likely occurred prior to this as well. Mr.Carlson recalls that Clifford Medeiros was the equipment operator at the Hu'ehu'e Ranch for many years and that he passed away about five years ago.According to Mr. Carlson,"Karin Haleamau was the operator of an old D6 that we had a herbicide rig mounted on that was used in that area also. Karin still lives at Huehue. He and I are the last from that era and both Willy Gomes and Thomas Lindsey have passed on(personal communication)". Mr. Carlson indicates that the improvements to the adjacent paved road were completed in 2013 and that the disturbed area along the northeastern side of the parcel was bulldozed and used as a base yard for the construction crew. He thought that the tracked vehicle marks identified in this area were likely caused by this construction activity but indicated that they may have also been from other equipment used in past. Mr.Carlson provides the following recollections about the nearby Makalei Cave: Hannah Springer and I have searched and searched for the Cave of Makalei and were never able to find it. We think it may have been inadvertently covered during land clearing.You referenced Clifford Medeiros in one of your interviews. He couldn't find the cave either. If he couldn't, the entrance certainly was buried.There is a water collection cave up above the Makalei Golf Course just southwest of the road going up to the summit of Moanuiahea, perhaps at an elevation of close to 3,000 feet. I am also aware of one just to the south of my son's lot by Kuki o Well 46,say about 1,000 feet south west of the southwest corner of my parcel(personal communication). PROJECT EXPECTATIONS The project area is situated in the Upland Forest Zone as defined by Davis(1977)and Cordy(1985). Prehistoric use of the project area is potentially represented by scattered temporary and permanent habitation sites associated with agricultural features. The agricultural features consist of informal fields with scattered modified outcrops, mounds, and depressions. Trails link the inland habitation and agricultural areas with the coast. Refuge caves, burials,and ritual sites are also potentially present. The project area is comparable in elevation to the Haun et al. (2005) survey area located to the south of the present study area. Based on the findings from this adjacent project it is possible that pre-contact or early post- contact habitation(primarily temporary habitations) and agricultural sites and features would be present.Trails, burials and ritual features may also be present. Historic sites could potentially include livestock control walls and other sites and features associated with the Hu'ehu'e Ranch. HAUN &ASSOCIATES 124 TtvK . I3 )7-2-004 '. 027 Report 12e4 011316 FINDINGS The archaeological inventory survey identified three sites with 14 features. The sites consist of two single feature sites(Site 50-10-19-30480'and 30481) and one complex of features with 12 features(Site 30482).The identified features consist of nine modified outcrops,two mounds,one terrace, one lava tube and one wall. Functionally the features consist of agricultural (12), livestock control.(1)and temporary habitation(1).The sites are summarized in Table 3 and their locations are presented in Figure 17. Table 3.Summary of sites i dp N Sh r F?' 4Yp@4 EI t opsfoal inaeest ez ,.l `-is s z r. e. 4 .: ac n. ✓. r .'< I 4r wpr i 4� 43i I .; S. 30480 Wall livestock control 1 ■■■.n■n. y 1224-12 188466 2187326 30481 lava tube Temporary habitation a■.U■■■.fl 1224-20 188450 218727 30482 Complex Agriculture ®EM©■I1.©■■ See Table 4 Min Site 30480 is a stone wall that extends across the short axis of the parcel in the southwestern portion of the project area.The extent of the site is shown in Figure 17.The wall extends to the northwest and southeast outside ( the project area an undetermined distance.The portion of the wall in the parcel is 102 meters long(northwest by southeast), ranging in elevation from approximately 1,181 to 1,900 ft. Intact sections of the wall are built of stacked boulders and cobbles with faced sides and a core-filled cobble interior.The wall ranges in width from 0.7 to 0.85 meters and from 0.85 to 0.9 meter in height. No cultural material was found in association with the wall. The wall is depicted on the cover of this report and in Figure 18. Site 1224-12 is interpreted as a livestock control feature used to restrict the movement of cattle.This is based on II the height of the wall and its method of construction. The site is unaltered and in fair condition. It is assessed as significant per HAR 413-284-6 under Criteria d(information content). Site 30481 is a lava tube located in southwestern portion of the project area at approximately 1,840 to 1,845 ft elevation.The entrance to the tube is through an oval shaped opening in a collapsed lava bubble that is 1.6 meters long and 0.85 meters wide(Figure 19).This opens onto a linear chamber that is 9.5 meters long(north-northwest by south-southeast) and 0.7 to 1.5 meter wide. Two skylight openings are located at the northern end of this chamber. A side passage extends to the east in this area that is 2.6 meters long and 1.0 to 1.4 meters wide. The floor throughout the tube is bare lava and the ceiling heights range from 0.25 to 0.8 meters. Scattered marine shells(Cypraea sp.and Nerita sp.) are located on the floor north of the main entrance.A goat skeleton is located along the western wall and a goat skull is present in the side passage. Site 30481 is interpreted as a temporary habitation site based on its formal type and on the presence of the marine shell. The site is unaltered and in good condition. It is assessed as significant per HAR §13-284-6 under Criteria d(information content). ' 50=State of Hawaii,10=Island of Hawaii, 19=Kiholo quadrangle HAUN &ASSOCIATES 125 NIKH3 ) 7 2-000.027 Report Ho . 1224-0 1 116 / \ // - �. i' 1 /t' •,. \ r!`. I. \ \ 1 \ / \ 1I_ \ / $ _ I \ \ a e \ \ \ e \ t / •\ , \ \ \ \ / N \ \ \ • 33 % g g a 3 ' s E \ m i E Q — _ 7 Y 4 / 0 T. re O \ /v i V $ u. HAUN &ASSOCIATES 126 g„p7 „ '• /. /_ `�� •i'-y '°? d • 4 tam 4t' �x gy: > -f . _� is . ✓SS 1. \ 3i:rtg' . i _ •�r Ase — • '�- m � s Figure 18.Site 30480 wall(view to northeast) • , • ' ��y-jam-- s SS / . v - i ....3 ' fes_. et � t • M h . J i < j r siL' tkIfe" F 'A1 Figure 1.9.Site 30481 plan map and photograph HAUN &ASSOCIATES 1 27 Site 30482 is a complex of 12 features that are scattered throughout the project area. The site includes nine modified outcrops,two mounds, and a terrace that are interpreted as agricultural features The location of these features are shown in Figure 17 and their physical characteristics are summarized in Table 4. The formal feature types are discussed below.The site is unaltered and in fair condition. It is assessed as significant per HAR§13-284- 6 under Criteria d(information content). Table 4.Summary of Site 30482 agricultural features GPS Coordinates 'ism Length Width Height Feature Feature type (tm) (en) I I Shape Construction ruction East ins Northing fieM number 1 Modified Outcrop 200 150 60 Irregular Piled boulders and cobbles 188468 287227 1224-21 2 Modified Outcrop 320 280 45 Irregular Piled boulders and cobbles 188470 2187251 12243001 3 Modified Outcrop 160 140 50 Irregular Piled boulders and cobbles 188474 2187256 1224-3002 4 Modified Outcrop 250 120 70 Irregular Piled boulders and cobbles 188445 2187289 1224-16.01 5 Modified Outcrop 200 200 70 Irregular Piled boulders and cobbles 188444 2187297 1224-1602 6 Modified Outcrop 300 150 50 Irregular Piled boulders and cobbles 188435 2187305 1224-15 7 Mound 1105 300 60 Linear Piled boulders and cobbles 188513 2187322 122410 8 Modified outcrop 320 270 60 Irregular Piled boulders and cobbles 188528 2187354 1224-8 9 Terrace 460 310 80 Rectangular Piled boulders and cobbles 188547 2187342 1224-6 10 Mound 860 410 80 Oval Piled boulders and cobbles 188551 2187337 1224-26 11 Modifiedoutcrop 210 180 80 Irregular Piled boulders and cobbles 168576 2187372 1224-2 12 Modifedoutcrop 880 460 90 Irregular Piled boulders and cobbles 188614 2187347 1224-27 The nine mounds and two modified outcrops are interpreted as clearing piles that were created by consolidating surface stones from adjacent planting areas. The mounds and modified outcrops range in length froml.6 to 11.05 meters (average 4.38 meters), in width from 1.2 to 4.1 meters (average 2.34 meters) and in height from 0.45 to 0.8 meters(average 0.64 meters).The majority of these features are irregularly-shaped(10),with the remainder consisting of linear(1)and oval(1).These features are built of piled boulders and cobbles with no cultural material.Examples of the Site 30482 agricultural clearing piles are presented in Figure 20 through Figure 24. The remaining feature at the site is a terrace (Feature 9) interpreted as a cross-slope feature that functioned to retain a level soil area for planting.The terrace is roughly rectangular in shape and is 4.6 meters long, 3.6 meters wide and 0.8 meter high (Figure 25). It is built of piled boulders and cobbles with an unpaved boulder and cobble surface with no cultural material. The Feature 12 modified outcrop was subjected to subsurface testing during the project. This feature is an irregular shaped pile of boulders and cobbles that is 8.8 meters long (north-south) and 4.6 meters wide, built on top of a raised bedrock outcrop (Figure 26). The feature is located adjacent to the disturbed area in the northeastern portion of the project area, adjacent to the paved road. There are tracked vehicle scars on the surface bedrock to the north and south of the feature.A truck tire is located in the disturbed area to the southeast of the feature.The modified outcrop is built of piled boulders and cobbles and is 0.1 to 0.9 meters in height. There is an area of soil on top of the feature in the southern half.A 1.0 by 1.0 meter test unit(TU-1)was excavated into this soil area, revealing a single soil layer over bedrock(see Figure 26). Layer I is 0.05 to 0.12 meters of a very dark brown(10YR 2/2)silt with 50%cobble and pebble inclusions with no cultural material. HAUN &ASSOCIATES I 28 a 3 3 h011ti , ie r: 4Yd J." { Ys-,0 �,fi�xx.. w. Figure 20.Site'+ad 7,Feature 6 modified outcrop(view to south-southeast) I. t f.41 L s . ' --e, *� 1y-.":: S s.,. �-Y �'nX} F r G' al rcdM' % i -r_-:-..<4-71"--; .47. a^ �. y. tV, J s 1' V. a' t Figure 21.Site 30482,Feature 7 mound(view to southeast) ,-I AU N & ASSOCIATES 1 29 • n awn ' \9 am * ... tw�Fbi is*. r \ sa C"c„g ”` • ,t," .. Yr4- L 'Ey o �; . _ r . vt ,..027,- Figure U.Site 30482,Feature 8 modified outcrop(view to southeast) y= f .0g -sa+ v5,:---, .. .4.t.----,_ ,Y i & t } 4g /`t t :Mt -{ ma; 1f"---)�rf. ,:40r r . r_ T '.T q Yr ' " '''''''.:-'4'.,`;'' . I i_` :— fS Y, ,; ', 4.--%<,..r-- nc s ; ilr` ♦ S5-i" liTsl 1 ^'Tf.3yc r$dELfYr u. t Figure 24.',4 T4.Site 30482,Feature 11 modified outcrop(view to south) -1-_ _ 4,'::43.,.;;f:1. r x. ,t11'4: :.."+ 3' 'Y rFa: . T a3 fi 1 K .sg -� .PC '0 , Fa. ¢ I .� . y r . ` , Figure 25.Site 30482,Feature 9 terrace(view to southeast) -'AUN &ASSOCIATES 131 1s• pl.h ro[.' yxTia.led .ebiek scere ti 7-47a. C3. .:J.:7-s, ,a C,I . r I ts. .-zt. .. _ Fell.re 12 mooned o Jeerop ruee.to southeast Le'2) lat,rn_.a r N 091 Chese.as on been, 1are.a I.1 :051: T.l l-Nov+f.a.r crux soil 0 VNt..n.. a.a�. i-.31 �QII Eecrock '.-. - -Lc. 0:m Layer I Verydare brown 10YR 2.121.11t eLM1 4Y',:r .r..h Trek-. FE on a n o:_inclusions, narcrul T¢cteb vehicle udrs (0.3i 4cge of disturbance [0.91 =he ght Jr meters =eo:e of outcrop o Isofeee =slope do-ecoon o mr-.er- Figure 26.Site 30982,Feature 12 modified outcrop and profile of TU-1 --1-UN & ASSOC:ATES 132 The features of the Site 30482 are interpreted as agricultural features based primarily on their formal type and informal construction. The site is unaltered and in fair condition. It is assessed as significant per HAR §13-284-6 under Criteria d(information content). Isolated Object -The survey also identified an isolated basalt adze fragment in the central portion of the project area 10-1—see Figure 17).The adze fragment is 5.9 cm long,4.8 cm wide and 3.7cm thick with tour polished facets.Three views of the adze fragment are shown in Figure 27. o y2 a 9 5 an Figure 27.Isolated Object 1 basalt adze HAUN &ASSOCIATES 33 TIA1I(_ ( 3) 7-2-004. 02] Repo ::: No 1221 - 011515 CONCLUSION Discussion The survey results conform to the expectations derived from historical and archaeological background research. Evidence of traditional Hawaiian dryland agricultural use is apparent throughout the project area, indicated by the presence of agricultural mounds, modified outcrops and terraces(Site 30482).The probable prehistoric traditional Hawaiian use of the parcel is further evidenced by a temporary habitation lava tube(Site 30481). The historic use of the parcel was also documented during the survey. A ranch wall (Site 30480) extends through the parcel in an inland-seaward direction. The presence of this livestock control feature is not unexpected based on the project area's proximity to Hu ehu a Ranch that was founded in 1886. Significance Assessments The sites identified during the survey are assessed for significance based on Hawai'i Administrative Rules (HAR) §13-284-6. According to (HAR) §13-284-6, a site must possess integrity of location, design, setting, materials, workmanship,feeling,and association and shall meet one or more of the following criteria: 1. Criterion"a": Be associated with events that have made an important contribution to the broad patterns of our history; 2. Criterion"b":Be associated with the lives of persons important in our past; 3. Criterion"c": Embody the distinctive characteristics of a type,period,or method of construction; represent the work of a master;or possess high artistic value; 4. Criterion"d":Have yielded, or is likely to yield,information important for research on prehistory or history; 5. Criterion "e": Have an important traditional cultural value to the native Hawaiian people or to another ethnic group of the state due to associations with traditional cultural practices once carried out, or still carried out,at the property or due to associations with traditional beliefs,events or oral accounts—these associations being important to the group's history and cultural identity. The sites in the project area possess integrity of location, design, setting, materials, workmanship, feeling, and association.All of the sites are assessed as significant solely under Criterion "d" based on the above criteria.The sites have yielded information important for understanding historic ranching activity in the area and probable prehistoric,traditional Hawaiian habitation and agriculture use. Treatment Recommendations The proposed use of the project area is for construction of one to two residences. The mapping, written description and photography at the Site 30480 wall, the Site 30481 lava tube and the Site 30482 agricultural complex adequately document them and no further work or preservation is recommended. No further work is recommended for Site 30481 lava tube based on the absence of soil and datable materials at the site. The landowner's plans for the property will have no effect on the historic properties based on the survey results. HAUN &ASSOCIATES ) 34 TPA :( . (3I7-2 004 : 627 Report No- 1224- 011516 TRANSLATION OF HAWAIIAN WORDS' a'd—lava;stony chapati('-traditional Hawaiian land unit usually extending from the uplands to the sea heiau-pre-Christian place of worship,shrine holua-Sled,especially the ancient sled used on grassy slopes;the sled course konohiki—headman of an ahupua'a land division under the chief Kuhina nui -powerful officer in the days of the monarchy Mahele-land division of 1848 pahoehoe—Smooth,unbroken type of lava,contrasting with a'd pu'u- hill,peak or cone '-from Hawaiian Dictionary(Pukui and Elbert 1986) REFERENCES Borthwick,D. 2000 Long Term Preservation Plan for the Trail Site 50-10-19-19430 within the West Hawaii Veteran's Cemetery,Ahupua'a of ManiniOwali and Awake'e, North Kona District, Island of Hawaii (TMK:7-2-04:4). Cultural Surveys Hawaii report prepared for M&E Pacific, Inc. Chinen,Jon J. 1958 The Great Mahele:Hawaii's Land Division of 1848. University of Hawaii Press. Cordy, R. 1981 A Study of Prehistoric Social Change: The Development of Complex Societies in the Hawaiian Islands. Academic Press. New York. 1985 Working Paper 1. Hawaii Island Archaeology, 'O'oma & Kalaoa Ahupua a, Kekaha, North Kona. Historic Sites Section, Department of Land and Natural Resources,State of Hawaii. 1986 Field Inspection, Kum Bay: Possible grading violations, Maniniewali, North Kona, Hawaii. On file, Historic sites section,Department of Land and Natural Resources,State of Hawaii. DLNR(Department of Land and Natural Resources) 2003 Hawaii Administrative Rules, Title 13, Department of Land and Natural Resources, Subtitle 13, State • Historic Preservation Division Rules. Davis,B. 1977 Archaeological Survey of the Proposed Agricultural Park at Ke-ahole, North Kona, Hawaii Island. Archaeological Research Center Hawaii,Inc.Prepared for Department of Agriculture. HAUN&ASSOCIATES 135 4 ). _: 13 )7 - 2-00a . 027 Report I1o . - 224 -0115 Dye,T. 2002 Archaeological Data Recovery in the Barren lone, Manini'owali and Kuki'o 2°' Ahupua'a, Kona, Hawaii. Prepared by T.S.Dye&Colleagues,Archaeologists,Inc for W/B Manini'owali. Ellis,W. 1963 Journal of William Ellis,Narrative of a Tour of Hawaii,or Owhyee. Honolulu:Advertiser Publishing Co. FR n.d. Foreign Register of Kuleana Claims Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands.Manuscript. Hawaii State Archives. FT n.d. Foreign Testimony Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawaii State Archives. Giambelluca,T.W.,Q.Chen,A.G. Frazier,J.P. Price,Y.-L.Chen,P.-S.Chu,J.K. Eischeid,and D.M.Delparte 2013 Online Rainfall Atlas of Hawaii.Bull.Amer.Meteor.Soc. 94,313-316,doi:10.1175/BAMS-D-11-00228.1. Hawaii History website 2016 http://www.hawaiihistory.org Hammett. H.and R.Chiogioji 1995 Archaeological Inventory Survey of a 53-acre Parcel in the Ahupua'a of ManiniUwali and Awake'e, North Kona District,Island of Hawaii(TMK:7-2-04:4).Cultural Surveys Hawaii report prepared for M&E Pacific, inc. Head,J.,and P. Rosendahl 1993 Archaeological Inventory Survey,Kailua to Keahole Region State Lands LUC Project—500-acre University Site, Lands of Makaula, Haleohiu, Hamanamana and Kalaoa 1-4, North Kona District, Island of Hawaii. PHRI Report 1298. Prepared for Helber,Hastert&Fee. Haun,A., D.Henry and D. Berrigan 2005 Archaeological Inventory Survey, TMK: (3) 7-2-007:001, Lands of Kaulana, Awalua, Ohiki, Pu'ukala and Kau, North Kona District, Island of Hawaii. Haun & Associates report 409 prepared for Lynch Hawaii Development, LLC Henke,L.A. 1929 A Survey of Livestock in Hawaii. University of Hawaii,Honolulu. Indices 1929 Indices of Awards Made by the Board of Land Commissioners to Quiet Land Titles in the Hawaiian Islands. Territory of Hawaii,Honolulu. Kamakau,S.M. 1961 Ruling Chiefs of Hawaii.Honolulu:The Kamehameha Schools Press. HAUN &ASSOCIATES 136 TIAI( ( ) 7 -2-004 : 027 - ', port 1Jo . 1221-011516 Kelly,M. 1971 Kekahm 'Aina Malo'o.A Survey of the Background and History of Koloko and Kukio, North Kona, Hawaii. Departmental Report Series 71-2.Department of Anthropology,B.P.Bishop Museum,Honolulu. Ladefoged,T.N. 1989 Preliminary Archaeological Reconnaissance Survey, Kakapa Bay Development Area, North Kona, Island of Hawaii. Prepared for Kahala Capital Corporation. Honolulu: Internal Archaeological Research Institute, Inc. Maly, K. 1998 Alii Highway Phased Mitigation Program,Phase I -Archaeological Intensive Survey,North Kona District, Island of Hawaii.Volumes IVa and Rib-Informant Interviews.PHRI Project 1320-040197. Prepared for the County of Hawaii. Moffat, R. M.and G.L.Kirkpatrick 1995 Surveying the Whale:Mapping the Hawaiian Land Revolution. Palapala'aina. Editions Limited, Honolulu. Mitchell,A. 2011 Long Term Preservation Plan for the Trail Site 50-10-19-19430 within the West Hawaii Veteran's Cemetery,Ahupua'a of Maniniuwali and Awake'e, North Kona District, Island of Hawaii (TMK: 7-2-04:4). Cultural Surveys Hawaii report prepared for M&E Pacific,Inc. NR n.d. Native Register of Kuleana Claims Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands.Manuscript. Hawaii State Archives. NT n.d. Native Testimony Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawaii State Archives. Nupepa-Hawai'i website 2012 http://nupepa-hawaii.com/tag/huehue-ranch Pantaleo,J.5.Clark and B.Camara 1992 Archaeological Inventory Survey of the Land Exchange Parcel in Maniniowali and Kukio 2 Ahupua'a, North Kona District, Hawaii Island. Public Archaeological section, Applied Research Group, Bishop Museum report prepared for North Kona Development Corporation. Pukui,M.K.Kawena and S.Elbert 1986 Hawaiian Dictionary. Revised and enlarged edition. University of Hawaii Press,Honolulu. Reinecke,LE. n.d. Survey of Sites on West Hawaii.Ms.In Bishop Museum(1930). HAUN &ASSOCIATES 1 37 3 ) 7- 2004 : 027 aport No . 1224 -01151E Sato,H.H.,W. Ikeda,R. Paeth,R.Smythe,and M.Takehiro,lr. 1973 Soil Survey of the Island of Hawaii, State of Hawari. U.S. Department of Agriculture, Soil Conservation Service and University of Hawaii Agricultural Experiment Station.Washington, D.C.: Government Printing Office. Schilz,A.,K.Shun,S.Williams and R.Nees 1993 Archaeological Survey and Evaluation, Lands of Kau, North Kona, Hawaii Island.Ogden Environmental and Energy Services Co.,Inc. Report prepared for Nansay Hawaii, Inc. Schilt,A.R. 1984 Subsistence and Conflict in Kona, Hawaii. An Archaeological Study of the Kuakini Highway Realignment Corridor. Departmental Report Series 84-1. Department of Anthropology, B.P. Bishop Museum,Honolulu.Prepared for Department of Transportation,State of Hawaii. Sinote,A.and).Pantaleo 1990 Initial Cultural Resource Management Plan, Maninidwali and KUkio 2 Ahupua a Land Exchange, Department of Anthropology, Bishop Museum,Honolulu. Soehren,L. 1982 Letter Report of an Archaeological and Historical Reconnaissance Survey of TMK: 7-3-05:13, Kalaoa 4, North Kona, Hawaii. Historic Sites Section (11-282), Division of State Parks, department of Land and Natural Resources,State of Hawaii SOEST(School of Ocean and Earth Science and Technology) 2016 Coastal Geography Group:Oahu.University of Hawaii Manoa website: http://www.soesthawaitedu/coasts/publications/hawaii Speakman,C.E.,1r. 1978 An Informal History of the Hawaiian Island. San Rafael:Pueo Press. University of Hawaii at Manoa online library 2016 http://magis.manoa.hawaii.edu Waihana'Aina Corporation 1998 The Mahele Database,waihona.com. Walker,A.,and P. Rosendahl 1990 Archaeological Inventory Survey, Kona Palisades Development Parcel, Land of Kalaoa 4th, North Kona District,Island of Hawaii (TMK:3-7-3-05:86).PHRI Report 806.Prepared for Ken World, Inc. Wolfe, E.,and 1. Morris 2001 Geological Map of the Island of Hawaii.U.S. Department of the Interior. U.S Geological Survey HAUN&ASSOCIATES I 38 toe leZTerSG-� o aj ;LkC G ,r DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII �xwa 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 November 18, 2015 Mr. Sidney Fake 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Puke: Subject: Kukio Water System to Provide Water For Tai Map Key 7-2-004:027 With this letter,the County of Hawai`i, Department of Water Supply, hereby confirms that we have no objection to the private Kukio Water System providing water to Tax Map Key 7-2-004:027,which may allow for its rezoning and subdivision into two lots. Should there be any questions or concerns, please contact Mr. Larry Beck of our Water Resources and Planning Branch at(808) 961-8070, extension 260. Sincerely yours, 110010144+ Keith K. Okamoto, P.G. Manager-Chief Engineer LB:dfg copy—Mr. Carl Carlson Rimming Department EXHIBIT B • . . .Water, Our Most Precious Resource . . . Ka rWai A7Kane . . , The Department of Water Supply is an Equal Opportunity provider and employer. SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 Hilo,Hawaii 96720 .Planning•variance.Zoning Telephone:(808)969-1522•Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidtuke@hawaiiantel.net •Environmental Reports October 19, 2015 Mr. Keith Okamoto, Manager Department of Water Supply COUNTY OF HAWAII 345 Keku'anoa Street Hilo, HI 96720 • Dear Mr. Okamoto: • RE: Water Availability-TMK: (3) 7-2-004: 027 - Thank you formeeting with Mr. Carl Carlson and me on October 13, 2015 regarding the subjectmatter. We appreciate your time and input,particularly on such a short notice.I would - like to use this means to summarize our discussion. Mr. Carlson,who is the owner of the subject property, noted that he wanted to rezone and subsequently subdivide the subject property into two (2) 2+ acre sized lots for the purpose of conveying one of them to one of his children. Hence,the purpose of our meeting was to see whether the current water system is sufficient for that purpose. As discussed,the subject property has potable water from a private water system approved by the Department of Water Supply. This system, called the Kuki'o Water System("KWS") consists of five(5)production-wells located at about the 1,600 foot elevation level near the subject property, two million(2,000,000)gallon storage tanks, and the appropriate transmission system. It serves the potable and fire protection needs of the Kuki'o Resort/Residential community, as well as—among others-the subject property. The Hawaii Water Service Company("HWSC") owns and operates the entire system. As owner/operator it is responsible for the installation and maintenance of the appropriate meters for the properties it serves. As such, other than the initial approval of the overall system, your department is not involved in its maintenance,management or source, including the issuance and installation of water meters. The subject parcel is allocated 2,400 gallons per day based on an agreement with the • water purveyor. A copy of this agreement can be provided,if requested. The DWS' average daily water use policy for residential properties calls for a minimum of 600 gallons per day per. i • Mr. Keith Okamoto,Manager October 19, 2015 Page 2 lot. The allocation of 2,400 gallons per day would result in each of the lots having access to 1,200 gallons per day, an amount that far exceeds your minimum requirement policy. Further,we shared the attached letter, dated October 14,2011,with you from the State Department of Health approving the plans for a new booster pump station and chlorination system serving the subject lot, among others. This system has since been implemented and is operative. As such,given that the basic private water system has been approved by the DWS; that each of the proposed lots will have reliable access to a minimum of 1,200 gallons per day of potable water, an amount meeting with your average daily use requirement;that the State Department of Health bas attested to the system; and that the system is privately-owned, operated and maintained,you noted that your office would have no objections to the rezoning and subsequent subdivision of the subject property into two (2) lots. In that regard,we would appreciate written confirmation of the above so that we can make that part of the rezoning application. Again,thank you very much for your time and guidance on this matter. Sincerely, SIDNEY M.FUKE Planning Consultant Enclosure Copy—Mr. Carl Carlson w/enclosure • tnRErrA�T.Mcaw.CPR Waft CFININa STATE OF HAWAII DEPARTMENTOF FEALTH hirtpleinereletie RO.BOX3378 SOWS HOHOLLLH,HI 96E014378 October 14, 2011 RECEIVED Mr. Salvador M. Quitoriano Senior Vice President OCT 18 2011 Akinaka & Associates AKINABAIMBMiES,ITD. 3375 Koapaka Street, Suite B-206 Honolulu, Hawaii 96819 Dear Mr. Quitoriano: SUBJECT: PUBLIC WATER SYSTEM NO. 165, KONA WATER SERVICE COMPANY CONSTRUCTION PLAN SUBMITTAL FOR DESIGN OF WATER SYSTEM FOR STROUD SUBDIVISION A&A JOB NO. WBKR 03-01 (formerly WBKR 05-04R) We are in receipt of your construction plan submittal, transmittal dated September 16, 2011, and have determined that the proposed changes to the design of the new booster pump station and chlorination system do not affect the integrity of our original plan approval signature dated August 23, 2006, under Hawaii Administrative Rules, Title 11, Chapter 20, Section 30 "New and modified public water systems." The project may therefore proceed as designed. If there axe any questions, please call Michael Miyahira at 586-4258. Sincerely,/� .(vaSM*4440 ckler-Co JOANNA L. SETO, P.E_ , CHIEF Safe Drinking Water Branch Environmental Management Division MM:cb c: Theresa McGeehan-Takiue, East Hawaii EHS DEPARTMENT OF PUBLIC WORKS - COUNTY OF HAWAII HILO, HAWAII DATE: February 2, 2016 Memorandum TO Duane Kanuha, Planning Director Planning Department FROM Ben Ishii, Division ChierkY Engineering Division SUBJECT Change of Zone Application (REZ 16-000201) Applicant: Carl and Christine Carlson Request: A-5a to FA-2a TMK: 3/ 7-2-004:027 We reviewed the subject application and have the following comments on the request. 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. If required by DPW, a drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW prior to development of the subject property. 2. The Hawaii Belt Highway in the subject vicinity and proving access to the subdivision road is under the jurisdiction of the Hawaii Department of Transportation (HDOT). Comments and requirements concerning the highway including the subdivision road approach would need to be obtained from HDOT. 3. The subdivision road providing access to the subject property meets Subdivision Code standards for a private agricultural road serving lots zoned for 3 acres and larger and received DPW construction approval on June 28, 2012. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323-4851. KE copy: ENG-HILO/KONA Planning Dept. Exhibit 2 SCANNED FEB 0 2 2r,•; BY: 10342 Hawaii County is an equal Opportunity Provider and Employer DEN'AR MENT OF WATER SUPPLY • COUNTY OF HAWAII o �ayiP. S KEKUAIHAO'A STREET. SUITE 20 • HILO. HAWAII 96720 TELEPHONE t30(3] 961-8059 • FAX (808) 961-86E7 ehruary 22, 20 i6 TO: Mr. Duane Kanuha, Director Planning Department FROM: Keith K.Okamoto, Manager-Chief Engineer - SUBJECT: Change of Zone Application (REZ 16-000201) ..- Applicant—Carl and Christine Carlson Request-A-5a to FA-2a t Tax Map Key 7-2-004:027 We have reviewed the subject request and have the following comments and conditions- As noted in the application,the subject parcel is served from an existing water system that is privately owned and operated by Hawaii Water Service Company. Water availability should be confirmed with the water purveyor. As the proposed project will he subject to a subsequent subdivision application, the following minimum requirements pursuant to Section 23-84 of the I lawai'I Comity Code, regulating subdivisions. must he complied with for subdivision approval: 1. Provide a water system designed to deliver water at adequate pressure and volume under peak-flow conditions in accordance with the Water System Standards, State of Hawai'i- 2. Submit construction plans Ihr our review and approval, prepared by a professional engineer licensed in the State of Hawaii. for the construction of any necessary water system improvements. 3- Pay a fee of four-tenths of one percent of the estimated cost for the construction of the water system- hut not less than 1550 00. to cover the cost for plan review,testing. and inspection. Should there he any questions. please contact Mr. Ryan Quitoriano of our Water Resources and Planning Blanch at 961-8070.extension 256. Sincerely'yous. Planning Dept. Keith K Okamoto. f .'. Manager-Chief Engineer Exhibit _ RQ:dfg copy -- MiT art and Ms Christine Carlson SCANNEr. 11r Sidney hike. Planning Con>ultant "'gag :ads . . .'14iater, OurT-lost Precious Resource . , , Ka Wai A Kane . . . By: _ -- TheDepanmeniofNlaterSuppyisanEqualOnponunitypromderandemployer. '��� y William P.Kenoi • �Ij U I^m U ria Le thead Todd Mayor yR Director Walter K.M.Lau • .•a.wea`r , ]uut Medeiros Managing Director De DeMryDii61Oi sallttnfg sir A2ift12ttttt DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street,Suite 41 • Hilo,Hawaii 96720 (808)961-8083-Fax(808)961-8086 MEMORANDUM Date : January 28, 2016 To : DUANE KANUHA, Planning Director From: BJ LEITHEAD TODD,Director Jr Subject: Change of Zone App(REZ 16-000201) Applicant: Carl and Christine Carlson Request:A-5a to FA-2a MIK:7-2-004:027 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( y) No comments ( ) Commercial operations, State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. c 41 ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer m stations,or other suitable diversion programs. •C Q(( ) Construction and demolition waste is prohibited at ail County Transfer Stations. C •-- ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. O K ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on d,. 1.14 current status. ( ) Other: FEB - 5 20$ County of Hawaii is an Equal Oppnrlanity Provider and Employer. 10 3 4 4 •. William P.Kenoi 43 4'4', BJ Leithead Todd Mayer .� Director Waller K.M.Lau \w•a'ar "' John A.Medeiros Mmmging Director Uevury Director (hrt /cf HaAla`I DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kek0anao`a,Suite 41 • Hilo,Hawafi 96720 (808)961-8083•Fax(808)961-8086 MEMORANDUM Date : February 1,2016 To : DUANE KANUI'IA,Planning Director From: Bi LEITHEAD TODD,Director 0)1 Subject: Change of Zone App(REZ 16-000201) Applicant: Carl and Christine Carlson Request: A-5a to FA-2a TMK: 7-2-004:027 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ty;ex;,otn__ ( X) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ]applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: County of I Imrui'i is an Equal Opportunity Provider and Employer. i 0:7..• S4..* Harry S.Kubojiri WiMavo iaP. Kenoi P"- IAC Police Chief .x N . Paul K. Ferreira Deputy Police Chief County of Hawai'i POLICE DEPARTMENT 349 Kapi'olavi Slru¢ • Hilo,Hann 96720-3998 (808)935-3311 • Fax(S08)961-2389 February 11, 2016 TO NE 'N HA, PLANNING DIRECTOR FROM a ' ' EALOHA, JR., ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT CHANGE OF ZONE APPLICATION (REZ 16-000201) APPLICANT: CARL AND CHRISTINE CARLSON REQUEST: A-5a TO FA-2a TAX MAP KEY: 7-2-004:027 This is in response to your memorandum dated January 26, 2016, requesting for comments in reference to the change of zone application at the above-mentioned location. Thank you for allowing the Hawaii Police Department to make comments regarding this development. At this time, the Hawaii Police Department has no comments. Should you have any questions or concerns, please contact Captain Randal M. Ishii, Commander of our Kona Patrol Division, at 326-4646, extension 299. RI/jaj RS 160061 Planning Dept. Exhibit S SCANNED FEB 19 2016 Pre " CQ "Hawaii County is an Equal Opportunity Provider and Employ?" Y _.-. William P. Kenoi =04,1r- Mayor C °r , mayor - Darren J. Rosario Fire Chief F B L! pm u rl g Renwick J. Victorino oPaDeputy rtre brief T Q ouutp of jatuat'f HAWAPI FIRE DEPARTMENT 25 Aupuoi Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•En(808)932-2928 February 4,2016 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J. ROSARIO, FIRE CHIEF SUBJECT: Change of Zone Application(REZ 16-000201) Applicant: Carl and Christine Carlson Request: A-5a to FA-2a Tax Map Key: 7-2-004:027 The Hawai`i Fire Department has no comments or issues in Change of Zone Application with regards to the request as noted above. DARREN J. ROSARIO Fire Chief KT:ds Planning lyept• Exhibitf0 IgM1 I4 FEB - 52pp16 `a 40346 ? It,�i�oef,) Hawaii County is mi Fqual C iporlumty Pnmider and Employer. Dam cHneuesory w°v VW Mliuwu� ob�yl CARTvs CIMNG 40,0� � STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES \u LAND DIVISION POSTOFFICE BOX 621 � N St; HONOLULU, HA WAII 96809 February 18,2016 i -1> m o _ County of Hawaii _ Planning Department ^••I Attention: Mr. Jeff Darrow via email: jdarrow@co.hawaii.h!fis =: 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Dear Mr. Darrow: SUBJECT: Change of Zone Application (REZ 16-000201); Request: A-5a to FA-2a, Kukio 2nd and Maniniowale, N. Kona, Island of Hawaii, TMK: (3) 7-2- 004:027 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the CO Engineering Division, and (ii) Hawaii District Land Office on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. Thank you. Sincere Russell Y.Tsuji Land Administrator Enclosure(s) Planning Dept. Exhibit FE, 237QJ,6 4 y, 037591" fi D..orro V.ICE Al-CZ-en cAsr CHAIRPERSON �„a ny s A t : _ 0 a .,. id �.�E x STATE OF HAWAII U' „w,a„aa DEPARTMENT OF LAND AND NATURAL RESOURCES IT .® LAND DNISION ¢ POST CU HAWAII A SOX 621 i10M101[il ll.HA W All 96R09 February 1, 2016 MEMORANDUM � • ti TVc DLNR Agencies: • - _ 1 , Div. of Aquatic Resources _ _Div. of Boating&Ocean Recreation X Engineering Division - Div. of Forestry&Wildlife Div. of State Parks - w Commission on Water Resource Management n� Office of Conservation&Coastal Lands ry XLand Division—Hawaii District X Historic Preservation FrOM: R I Y. Tsuji,Land Admini. or SUBJECT: C ange of Zone Application (RF7 16-000201); Request: A-5a to FA-2a LOCATION: Kukio 2nd and Maniniowale,N.Kona, Island of Hawaii TMK: (3) 7-2-004:027 APPLICANT: Carl and Christine Carlson Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by February 18,2016. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Lydia Morikawa at 587-0410. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. ( /) Comments are attached. Signed: -'v' Print Name: rtvS. Chang, Chief Fngineer Date: "/ /l f/ cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y.Tsuji REP. Change of Zone(REZ 16-000201);Request: A-Sa to FA-2a,Kukio 2"d and maninlowale,N. Kana,Island of Hawaii. HawafiAll COMLMENTS O We confirm that the parcelproject site,according to the Flood Insurance Rate Map(FIRM),is located in Zones X. The National Flood Insurance Program does not regulate developments within Zones X. (X) Please take note that the project site,according to the Preliminary data in the Flood Insurance Rate Map(FIRM),is also located in Zone X.The National Flood Insurance Program does not regulate developments within Zones X. O Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is O Please note that the project site must comply with the rules and regulations of the National Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions,please contact the State NFIP Coordinator.Ms.Carol Tyau-Beam,of the Department of Land and Natural Resources,Engineering Division at(808)587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances. please contact the applicable County NFIP Coordinators below: O Mr.Mario Siu Li at(808)768-8098 of the City and County of Honolulu.Department of Planning and Permitting O Mr.Carter Romero(Acting)at(808)961-8943 of the County of Hawaii.Department of Public Works. O Ms.Carolyn Cortez at(808)270-7253 of the County of Maui.Department of Planning. O Mr. Stanford Iwamoto at(808)241-4896 of the County of Kauai,Department of Public Works. O The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of State-sponsored projects requirine water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit andtor water meter. O The applicant should provide the water demands and calculations to the Engineering Division so it can he included in the State Water Projects Plan Update. O Additional Comments: () Other: Should you have any questions.please call Mr.Rodney Shiraishi of the Planning Branch at 587-0258. Signed: -i /2 / CARTY 5'.CH Ng.CHIEF ENGINEER Date: /� /t - - tiLi !t.'r'r It. "e PRELINmRwr Nd G ./LLi47_t2Jc <) ?� .�. ZONE% 1rm1 Fr--Th J I f rf'-fi U IL! L_ U L , ,! U\ LA BASEMAP:RIRM BASEMAP sv 01-14 Flood Hazard Assessment Report www.hawailnfio.Org SPECIAL FLOOD HAZARD AREAS(SFBAsj SUBJECT TO INUNDATION BY THE 1%ANNUAL CHANCE FLOOD .The 1%annual chance flood(100- REZ16-000201 year,.ado know as the base flood,Is the flood that has a I%chance of belni equaled or eeceeaed in any Sven year.SFHAs inekee Zone A M. AH.AD,V,and VE.The Ease Flood Eleweon IBFEI is the water solace ekwaon of the 1%annual chance flood Mandatory hood insurance Property Information Notes: PurcNseaow pa inmesezones COUNTY. HAWAII __. Ione A:No BFE determined theft ND (31]Z-061'.027 _ Zone AE:BEE determined. WATERSHED: KMOLD PARCEL ADDRESS: UNKNOWN ADDRESS Bone del:Flood depths of lto3 eel usually areas ofpwrdingj; KPILUA KO JA NI 96740 BEE eelmined. Flood Hazard Information Zone AO Flood depths of 1 to 3 feet Ninny then flow on sloping terrain];average depths determined. FIRM INDEX DATE APRIL 02,1004 _ Zone V Coastal flood zone w:m relonq ham,(wave amc N. LETTER OF MAP OIANGE(s)' NONE noBEE determlmtl. RHEA FIRM PANEL 1S516604B6C _ Zone VE Coastal flood zone with velocity hazard(wave action' PANEL EFFECTIVE DATE PANEL NOT PRINTED BFE deteemirca. _ Zone REf: Floodway areas in Zone AE.The floodwali is the channel of stream plus any adjacent floodplainareas that he kept nee m encroamen! so that the num mance Rom can be earned without increasing the BEE. NON SPECIAL FLOOD HAZARD AREA-Anrea In a low to moderate en THIS PRD5ERTVIS WITHINA TS'/N4MI EVACUTION ZONE: NO flood zone.No mandatory Rood Insurance purchase rep'anementi apply, FOR MORE INFO VISI.hip//www.scd hewn i gov/ but coverage Is available inoarticrpatngmmmuni^es. THE PBOPLRT IV IS HIN A DAMEVACJAIION ZONE: ND gni Zone X5IXshaded}:Areas of 2%anneal chance Coon areas of OR MORE INFO.VIER.hUp/Ian reng hewn govt de m/ IN annual thence flood with average depths of less than I fool opr wit^ drainageblevareas less than Ince flood mile and areas oro with byleveeslYsannual, I sce quan m Zone X:Areas determined to Be oaade the 0 2S annual mance o zoo deo rl flooapla'.n. bseIuor c O mecum,una refsimmuu,-Dca V SOTHER FLOOD AREAS o,ve In tenor ci degree to r.drmt fY KUnV Iph r;' h i r.e e, _ur f o fo monon uob Cr, ASA pev` Zone D:Unstudied areas where flood hazards are umetel- _ mined,but flooding fs possible mandatory a insurarce dn.ntri les nee nenrned es E coq. 9a /od,naa rIe aS purchase apply but coverage availablep Eating comm, e. 4 „ np oCdp of r..r.n . , nines D f W CE M1 nvr_� ( \V1 COM.MISSID c LACE `/ ( = Il [ `U L M°2 C54 � .Y - Fg *-2:40 STATE OF HAWAII s+aof"„s DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 62] HONOLULU HAW All 96809 - February 1,2016 rn _ MEMORANDUM yr TO: DLNR Agencies: _Div. of Aquatic Resources Div. of Boating& Ocean Recreation X Engineering Division Div. of Forestry&Wildlife - Lb .r/5 why, Div. of State Parks 4.Nj�{n�„�„ 34. Commission on Water Resource Management Office of Conservation&Coastal Lands tCt7Mnc X Land Division-Hawaii District 4 X Historic Preservation FROM: RI 1Y. Tsuji, Land Adminis or SUBJECT: C ange of Zone Application(REZ 16-000201); Request: A-5a to FA-2a LOCATION: Kukio 21'a and Manirdowale,N. Kona, Island of Hawaii TMK: (3) 7-2-004:027 APPLICANT: Carl and Christine Carlson Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by February 18,2016. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you. Attachments ( ) We have no objections. ( ✓r We have no comments. ( ) Comments are attached. Signed: - --- -ri Print Name: - oCZISO !'C . 7S/// Date: �zG cc: Central Files i DAVID Y.IGE VIRGINIA PRESSLER,M.D. GOVERNOR OF HAvWAI.. � 5 \'+ D!RECTOR CP HEALTH / o $++lr I �,i ii�. E .� STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: February 24, 2016 TO: Mr. Duane Kanuha Planning Director, County of Hawaii FROM: Eric Honda ea District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 16-000201) Applicant: Carl and Christine Carlson Request: A-5a to FA-2a Tax Map Key: 7-2-004:027 The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on January 27, 2016. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance iii Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], A Section 401 Water quality Certification (WQC) is required if your Planning Qe,pr, project/activity: 8 Requires a federal permit, license, certificate, approval, registration, or Exhibit, Statutory exemption; and May result in a discharge into State waters. The term "discharge" is ` —' _- "-- - —. - defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).' ._ Examples of"discharge"include, but are not limited to, allowing the i FEB 2 9 2016 following pollutants to enter State waters from the surface or in-water: j solid waste, rock/sand/dirt, heat, sewage, construction debris, any !;zy.0.3S Z1__ Duane Kanuha February 24, 2016 Page 2 of 4 underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials,industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit,license, certificate, approval,registration; or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at:https://eha-cloud.doh.hawaii.gov/epernitf. Please see HAR, chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: http://health.hawaii.gov/ewb/. • National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one(1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR I22.26(b)(14)(i) through (ix) and (xi). -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.cov/epermit/. Duane Kanuha February 24, 2016 Page 3 of 4 A Notice of Intent (NOI) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI. The NOI is available on the e-Permitting Portal website located at: hops://eha-cloud.doli.hawaii.gov/enermit/. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR,Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: http://health.hawaii.gov/cwb/. • According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement • Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: www.hawaii.gov/doh/pollutedrunoffcontrol. If you have any questions, please contact Ms. Joanne Seto, Supervisor of the Engineering Section, CWB, at(808) 586-4309. Duane Kanuha February 24, 2016 Page 4of4 We recommend that you review all of the Standard Comments on our website: http://hawaii.govfhealth/environmental/ems-plauninJlanduse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORT): REZ 16-000201.ch DAVID Y.IGEFORD N.FUCHIGAMI GOVERNOR - DIRECTOR Deputy Directors J JO .HAv S ROSS SSMIGFFER SNIFFER OPIiBEILTT..YOUNG STATE OF HAWAII IN REPLYA FERR TO: DEPARTMENT OF TRANSPORTATION STP 8.1945 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 March 4, 2016 Mr. Duane Kanuha Planning Director County of Hawaii Planning Department East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Kanuha: Subject: Carl and Christine Carlson Change in Zone Application (REZ 16-000201) North Kona, Hawaii TMK: (3) 7-2-004:027 The subject project is not expected to significantly impact the State highway facility. However, a permit from DOT Highways Division,Hawaii District Office is required for the transport of oversized and/or overweight materials and equipment on State highway facilities. If there are any questions, please contact Mr. Norren Kato of the DOT Statewide Transportation Planning Office at telephone number(808) 831-7976. Sincerely, CT FORD N. FUC• Director of Transportation Planning ept. Exhibit MAR i 0 2016 10.415 „t i SidneyFuke, Planning Consultant 016 FFy 11 nmur 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 ^ •Planning•Variance•Zoning Telephone:(808)969-1522•Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sitltuke@hawaiiantel.net r I,. NT •Environmental Reports February 11, 2016 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application—Carl and Christine Carlson TMK: 7-2-004: 027(REZ 16-000201) Thank you for providing me with agency comments to date regarding the subject application. Please note that the Fire Department had no comments or issues associated with this application. This was also true with the Department of Environmental Management relative to wastewater and solid waste. Relative to the Department of Public Works—Engineering Division the appropriate drainage requirement will be addressed and complied with in conjunction with the subdivision process. It should be noted,however,that with the possible exception of the installation of a water meter fronting the property, there should be very little,if any, site and infrastructure work needed to consummate this subdivision. Access will be via an existing private road that abuts the main Highway. The applicant does not believe that any further improvements are needed at this Highway to address the impact of only one more lot. We trust that this sufficiently addresses those agency comments on the subject application. If not or if there are other comments or questions on this application,please feel free to direct them to me for review and response. Thank you very much. çerel\ NEY M. PUKE Planning Consultant Copy—Carl Carlson via email Planning ��D//e��pt. Exhibit__ FEB 1 1 2010 1035302 SidneyFuke, Planning Consultant I i .; C.. .' ''[',!T 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 _I{ •Planning•Variance•Zoning ai Telephone:(808)969-1522•Cell:(808)989-0640 •Subdivision-Land Use Permits E-mail:sidtuke@hawaiiantel.net / ' 'll] n Crr •Environmental Reports :.Ilio II1';1IR. '1 9 JL March 1, 2016 Mr. Duane Kanuha,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application—Carl and Christine Carlson TMK: 7-2-004: 027(REZ 16-000201) Thank you for providing me with agency comments to date regarding the subject application. Please note that the Police Department had no comments or concerns associated with this application. Relative to the State Department of Health's comments,because very little off-site and on-site infrastructure work will be required to consummate this subdivision, it is unlikely that there will be a need for an Underground Injection Control or National Pollution Discharge Elimination system. In the event that either or both of those permits are required, the applicant will seek and comply with those requirements. Finally,the Department of Water Supply("DWS")correctly noted that the water system serving the subject parcel is privately owned and that the water purveyor should confirm water availability. In that regard,please find attached pertinent excerpts of the water assignment agreement which notes that the subject parcel, among others,has been assigned a maximum of 3,000 gallons per day [see page 2, Section 1.b.1(a)]. Inasmuch as the maximum daily water use guideline established by the DWS is 600 gallons per day,this should more than sufficient to accommodate an additional lot. The other technical requirements for water service as outlined by the DWS will be adhered to in conjunction with the subdivision process. We trust that this sufficiently addresses those agency comments on the subject application. If not or if there are other comments or questions on this application,please feel free to direct them to me for review and response. Thank you very much. mere , SIDNEY . FUKE Planning Consultant Copy—Carl Carlson via email SCANNED'r1 r • RCarlson-REZ16-201,0wd 03-24-16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION CARL AND CHRISTINE CARLSON CHANGE OF ZONE APPLICATION (REZ 16-000201) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural-5 acre (A-5a)to Family Agricultural-2 acre (FA-2a)for approximately 5 acres of land be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position. This favorable recommendation is based on the following findings: The applicants are requesting a Change of Zone from A-5a to FA-2a for 5 acres of land to subdivide the property into two parcels, one 2-acre lot and one 3-acre lot. If approved, the smaller lot would be conveyed to their daughter and her family, and the larger lot would be retained by the applicants. Both the applicants and their daughter intend to construct their dwelling and to conduct some measure of agricultural activities on their lots. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed Change of Zone from an Agricultural(A-5a)to a Family Agricultural (FA-2a) zoned district will conform to, among others, the following goals, policies and standards of the Land Use and Economic General Plan Elements and the General Plan LUPAG Map: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals -t- and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The proposed request conforms to the LUPAG Map, which designates the property as Extensive Agriculture. Extensive Agriculture are lands not classified as Important Agricultural Land and includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern fanning methods and technologies due to certain physical constraints such as soil composition, slope,machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category. Soils within the property are identified as Punaluu extremely rocky peat, 6 to 20 percent slopes (rPYD). The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "C" or"Fair" for agricultural productivity. The property is unclassified under the ALISH System. A concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the applicants intend to construct a dwelling for themselves on one lot and reserve the other lot for their family. The newly created lots will still have the potential to be used for farming or agricultural purposes. The proposed Change of Zone will conform to, among others,the goals, policies and standards of the Land Use and Economic General Plan Elements: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. 2 • Zoning requests shall be reviewed with respect to General Plan designation, district goals,regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. All utilities and services are available to the property. Access to the property is from a County approved private agricultural standard road, which has a 20-foot wide pavement within a 50-foot right-of-way. The private dead-end road intersects with Mamalohoa Highway, which is under the jurisdiction of the State Department of Transportation. The access road is servicing a total of nine(9) lots in this project area. The Subdivision Code allows for up to 18 lots to be accessed by a cul-de-sac or dead end road. Water is available for the proposed request via a private water system called the Kuki`o Water System. This system consists of five(5)production wells located at about the 1,600-foot elevation level near the subject property. The subject property has been allocated 2,400 gallons per day based on an agreement with the water purveyor. This will allow 1,200 gallons per day for each of the two created lots. This is twice as much as the Department of Water Supply's daily water use policy for residential properties, which is 600 gallons per day per lot. Wastewater will be disposed of by individual wastewater systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. There is no severe geological or topographical problems for the property that cannot be properly rectified or which would render the land unusable. According to the Flood Insurance Rate Map(FIRM)prepared by the Federal Emergency Management -3- Agency(FEMA), the project area is located in Zone "X", an area outside of the 500-year flood area. Should this request be approved, the applicants may apply for a Second Farm Dwelling, allowing for the construction of a second dwelling unit on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime(CPR)on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located over 4 miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources,historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously utilized for cattle grazing and ranching. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka Aina"decisions,the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: -4- Investigation of valued resources: The following survey was conducted for the subject property for this application: • A draft Archaeological Inventory Survey(AIS) dated January 2016 was submitted with the application. The AIS was conducted by Haun & Associates. There was no botanical study included in the application based on the past use of the property and surrounding area for cattle grazing and ranching. The valued cultural,historical, and natural resources found in the rezoning area. In summary, the survey identified three sites with 14 features. The sites consist of two single feature sites and one complex of features with 12 features. The identified features consist of nine modified outcrops, two mounds, one terrace, one lava tube and one wall, Functionally the features consist of agricultural(12), livestock control (1) and temporary habitation (1). The sites in the project area assessed as significant solely for their information content. The sites have yielded information important for understanding historic ranching activity in the area and probable prehistoric, traditional Hawaiian habitation and agricultural use. The proposed use of the project area is for the construction of one to two residences. The mapping, written description and photography at the sites adequately document them and no further work or preservation is recommended. The property was previously used for cattle grazing and consists of scattered trees, such as ohia,jacaranda, kukui , Christmas Berry and others. The low vegetation is dominated by fountain grass and other introduced gasses shrubs. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Additionally, there is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms,marine shell -5- concentrations or human burials be encountered. The applicants shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-HPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of the Change of Zone request from an Agricultural-5 acre(A-5a) to Family Agricultural-2 acre(FA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-2 (North and South Kona District Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -6- M COUNTY OF HAWAII • * % •' STATE OF HAWAII BILL NO. ` ORDINANCE NO. NAVA/ wL 0,6 AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—FIVE ACRES (A-5a)TO FAMILY AGRICULTURAL—TWO ACRES (FA-2a)AT KIIKI'O 2ND& MANINI`MALI,NORTH KONA,HAWAP1, COVERED BY TAX MAP KEY: 7-2-004:027. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning Code)of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kuki`o 2n° & Manini'owali,North Kona, Hawai`i,shall be Family Agricultural—2 acres (FA-2a): Beginning at the North corner of this lot, the East corner of Lot 4,and on the Southwest side of Lot 4 of Kuki`o Mauka Subdivision the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUIAHEA"being 6,824.95 feet North and 6,216.56 feet West,thence running by azimuths measured clockwise from True South: 1. 315° 36' 53" 326.95 feet Lot 4 of Kuki`o Mauka Subdivision; 2. 65° 00' 686.92 feet along Lots 1 and 2; 3. 129° 30' 341.70 feet along Lot B; 4. 245° 00' 725.50 feet along Lot 4 to the point of beginning and containing an area of 5.000 acres. -1- All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: -2- A-5a A-5c AGRICULTURAL•FIVE ACRES IA-5a1 TO FAMILY AGRICULTURAL-TWO ACRES(FAlad &NOACRES \ A-5a e2- Po A-5a A-5a it A-5a 20a A-5a A-900° A-500a A-2Q/ Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - FIVE ACRES (A-5a)TO FAMILY AGRICULTURAL -TWO ACRES (FA-2a) AT KUKI`O 2ND & MANINI'OWALI, NORTH KONA, HAWAII MAP PREPARED BY: TMn.(3)7-2-004:027 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE.January 25,2016 EXHIBIT"A" Carlson Mao 1372 CCadson-REZI 6-201,jwd 03-2416 CARL AND CHRISTINE CARLSON CHANGE OF ZONE APPLICATION(REZ 16-000201) CONDITIONS OF APPROVAL A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval shall be secured within five(5) years from the effective date of this ordinance. C. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. D. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. E. The method of sewage disposal shall meet with the requirements of the State Department of Health. F. Should any remains of historic sites, such as rock walls,terraces,platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR- HPD when it finds that sufficient mitigation measures have been taken. G. Comply with all applicable County, State and Federal Laws,rules, regulations and requirements. H. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -2- r O N O O Z 0 o ce J N w Z w O r---- E2F- V E2 a. V a w p Z z O Q N LL. 0 w l7 Z 2 L) 1\ V V V V V V V V J V4.41i41r IP0 ♦A<<IAN +I1*4444.04� 6 •-' Sti ir . 1 • e 4� I ��1 4i /, -—.'', . , oriii, ...„., 'k! ,.1i1.;'`_.7., rr r ...:11;4%411.,1.: 411 fr7r, , 1+ tiovii -. - f _-,-:04 o... .....", g n3 1 41471` -.1. L,.., )0, ...\\.................iiii/t/A/441k '..::::‘I nil" 2 ,....titik i ::-;--T ' '.' Pt—:,* to iiiii .. 1.07 O ,,,, 1,41 V fit 0titiw.w r.__..:. 41111111111 Et Iti n:3 . /, cn Y a e 0 N +J C a � o 1/1PI°:. a � / O / d Q ' "S a3 no J N C!1 1 Q U iff\tA, J C l7 C ii \ G a CD intik O o rRiil1A�f 4l' t� / r . 11 n �� C 14173:104 117 V4 •4 !Ii! tiL lliz . siv,"ti J bit U elk 411I Swift (13 witga C 0 ' At qt "<\1° O 4") O CL r � Q ,8 - - - . 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' • '..."" .1, . • %Li • Jo, ., •e• I .., nnij • • •4r , ..;, . . 0 . . 4: : .. 4- . . . Cl... 4; *A ii, (1) , . ili... ., ,.. ...c- -......, . 1.... rD CD ,) .,...it , , • 4 % ...0 Li) le ;' -. c......, • LIS :AT le;Pki , ( • s. '.11111. • I e r• , t • • •teel • • . 4 t • r • 0 4') 1 . . 0 . . (-0 4') .••• • oc (1) (f) o c'f'.415 0 �+ ) o V co _c —0 +_, 4.) I._. .. C o 0 E 7. CoCY) EE . ........ 0 a) C cL C k.) (13 � o Ci. LL LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT APRIL 21,2016 A regularly advertised hearing on the application of CARL AND CHRISTINE CARLSON (REZ 16-201)was called to order at 9:49 a.m. in the West Hawai`i Civic Center,Community Center,Building G,74-5044 Ane Keohokalole Highway,Kailua-Kona,Hawai`i,with Chairman Keith Unger presiding. COMMISSIONERS PRESENT: Keith Unger, Scott Church,Collin Kaholo, Barbara Nobriga and Sonny Shimaoka ABSENT AND EXCUSED: Brandi Beaudet ALSO PRESENT: Danny Patel(Counsel for the Commission),Duane Kanuha(Planning Director),Daryn Arai(Planning Program Manager),Jeff Darrow(Planner),Christian Kay (Planner)and Noriko Sauer(Commission Secretary) And approximately 80 people from the public in attendance. APPLICANTS: CARL AND CHRISTINE CARLSON (REZ 16-201) Application for a Change of Zone from an Agricultural-5 acres(A-5a)to a Family Agricultural-2 acres(FA-2a)zoning district for 5 acres of land located along the west(makai)side of the Hawai`i Belt Road(Highway 190)between the 30 and 31 mile markers and approximately 0.5 mile north of the entrance to the Makalei Golf Course,Kuki`o 2nd and Manini`owali,North Kona,Hawaii,TMK: 7-2-004:027. UNGER: Agenda Item No. 2,Applicants Carl and Christine Carlson,REZ 16-201,211 [sic]. DARROW: Thank you, Mr.Chairman. Good morning— UNGER: Two-zero-one. DARROW: —Mr. Chairman and Members of the Planning Commission. If I can direct your attention to our next presentation. The applicants are Carl and Christine Carlson,and they're requesting a Change of Zone. The area of this subject application is within the North Kona District. More specifically,we are looking along the Upper Road,or the Hawaii Belt Road. This is in close proximity to the Makalei Golf Course as well as the Makalei Subdivision. The subject property is identified in the black outline. This is a closer zoomed-in map of the subject property, which identifies the County zoning in the particular area. The different colors represent the different types of zoning. For reference the light green represents Agricultural-5 acres,the dark green on the right side of the map represents Agricultural-20 acres. There are certain shades of other types of zonings on the map as well. 1 DRAFT This is the State Land Use Boundary Map,and it's identifying the subject property,as well as the surrounding areas,as Agriculture. This is the General Plan Land Use Pattern Allocation Guide Map; this identifies the subject property,as well as the surrounding properties,as Extensive Agriculture. This is a copy of a portion of the map from the Kona Community Development Plan; it identifies the nearest portion of the Kona Urban Area to the subject property,as well as the brown Concurrency Zone,which is in the lower left-hand portion of the map. The subject property is outside of the Kona Urban Area. And this is an aerial photo. Currently the property is vacant. There is an access road that comes off Hawai`i Belt Road that has been constructed. The applicants are requesting a Change of Zone from an Agricultural-5 acres to a Family Agricultural-2 acres zoning district for five acres of land to subdivide the property into two parcels,one two-acre lot and one three-acre lot. If approved, the smaller lot would be conveyed to their daughter and her family,and the larger lot would be retained by the applicants. Both the applicants and their daughter intend to construct their dwelling and to conduct some measure of agricultural activities on their lots. This is a copy of the proposed subdivision map that was submitted in the application. Again,for reference,on the right side of the map we have the Hawaii Belt Road,or the Mamalahoa Highway, the Upper Road,access from the highway onto the subject properties,as well as access provided to the subject property and the additional lot. As you can see,in the red outline the two lots that would be created from the Change of Zone; one would be a smaller lot approximately two acres and a larger lot approximately three acres in size. These are site photos from the highway. This is looking towards the north with the subject property on the left side,access to the subject property,this is on Hawaii Belt Road. And this is looking towards the south with the subject property on,or the access to the subject property,on the right. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawai`i County Council,with the identified conditions passed out to the Commission. We have not received any correspondence,additional correspondence,since the background and recommendation have been passed out. That concludes our presentation. Thank you. UNGER: Great. Thank you. Commissioners,any questions of staff? KAHOLO: I've got a question. UNGER: Go ahead. KAHOLO: Yeah,my question is, you know, looking at this here,and their water system is not coming off of the County system? DARROW: Correct. This is a,in our code,we talk about concurrency when we approve Change of Zones where they have to either have water supply to them from the Department of 2 DRAFT Water Supply,a County standard, or they can create a private system meeting the standards set by the County. In this particular case, it's the latter; the applicant goes into detail talking about the construction of the water system and the Department of Water Supply under the applicant's Exhibit B spoke about confirming that this system will be sufficient for the Change of Zone,and that it meets their standards. KAHOLO: Thank you. DARROW: Thank you. UNGER: Any other questions? CHURCH: My question only is that it's surrounded by Ag-5 parcels, and is this application going to trigger additional ones? I don't know whether that's bad or good. But is that normally what we would expect to find? DARROW: The possibility is there. That kind of goes with any Change of Zone that we have; once there is a precedent set, then we could anticipate additional Change of Zones in the immediate area similar to that. In hind sight looking at it,a lot of times, you know,we get one or two maybe, and that'll be it for a while. But this definitely could allow for additional rezones in the area as long as they meet the criteria for approval for a Change of Zone. UNGER: Thank you. DARROW: Thank you. UNGER: Would the applicant please come forward at this time,or applicants' representative? Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? APPLICANTS AND REPRESENTATIVES: I do. UNGER: Please,Mr. Fuke, why don't start,please state your name and your area of residence. FUKE: Sure. Good morning,Mr. Chairman, Members of the Commission. My name is Sidney Fuke. I'm a land use consultant,and I'm here assisting a friend of mine,Carl Carlson and his family. My business address is 100 Pauahi Street in Hilo, Hawai`i. UNGER: Thank you. Yeah, if you could continue. CARL CARLSON: My name is Carl Carlson. We live at 73-1515 Apela Place up in Kaloko Mauka. And I've lived in, worked in this particular area since the end of 1969. CHRISTINE CARLSON: I'm Christine Carlson, and I live at the same place as he does. That's it. 3 DRAFT BIRCHER: I'm Amy Bircher. I live at 73-4156 Ka`ala Place,near the new County fire station. And I grew up on the land that my dad is speaking about up there. UNGER: Thank you. FUKE: Sure. UNGER: You can continue. FUKE: Thank you very much,Mr.Chairman. I think the staff's report is pretty comprehensive. Mr. Carlson and his family has had the chance to review the proposed conditions,and found them to be acceptable. There were a couple of questions that the Commissioners had raised, and I'd like to respond to them directly. First of all,in relation to the water system,the water system is a privately operated water system. It was developed pursuant to the standards and guidelines of the Department of Water Supply. So the comparable water system would be like Waikoloa for example; you have a Waikoloa water system that's coincidentally also be managed by the same company that services Waikoloa Village and the resort area. Likewise,this water system developed consistent with the County's standards also services the Kuki`o resort area. So when the system was developed,what happened was that some of these properties were assigned a certain amount of water allocation. So the system that goes through these properties here were also designed in accordance with the County system. And each of these parcels,according to an agreement,when the original water system was developed,was assigned a maximum of 3,000 gallons per day. And so with this two-lot subdivision,knowing that the County standards require currently a maximum of 600 gallons per day to enable you to subdivide,obviously with a two-lot subdivision you'll have approximately 1,500 gallons per day,which is far and excess of what the County would require. The other question I think related to,you know,the possible snowballing effect,that is quite possible,Commissioner Church. And I think that what the Department,you know,took into consideration was that possibility. But need to bear in mind that,you know,before those properties could be entertained for a favorable land use considerations,then obviously you must have the appropriate infrastructure system. Fortunately, for some of these properties here they already have the water allocation,but if you look at the adjoining properties,then they were not the beneficiary of the water system. So in that sense,there would be some amount of,as the staff kind of noted,some amount of delay in possibly having those properties be developed. UNGER: Thank you. Any other testimony from the applicants at this time? Commissioners, any questions for the applicants? Thank you. You may be seated. At this time I'd like to call up Janice Palma-Glennie. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? PALMA-GLENNIE: Yes, I do. UNGER: Thank you. Please state your name and your area of residence. 4 DRAFT PALMA-GLENN IE: My name is Janice Palma-Glennie,and I live in Keauhou, Kona. UNGER: Thank you. Continue. PALMA-GLENNIE: I just have a brief comment. Though this project is outside of the Urban Area,this Kona Community Development Plan, since it was mentioned, does encourage cluster development of Ag lands to make it more efficient to create infrastructure and to leave more land open for Ag use. As one commissioner wisely asked,on this Agri zoning and all Agri zoning can set a negative precedent to future more smart growth Ag development and can take fertile Ag lands out of true agricultural use for the future. Thank you. UNGER: Thank you. Commissioners, any questions? Thank you. Are there any other members of the public who wish to testify at this time? Commissioners, I need a motion to close this portion of the hearing. KAHOLO: So move. NOBRIGA: I'll second. UNGER: We have a motion from Commissioner Kaholo, second by Commissioner Nobriga. All in favor? ALL COMMISSIONERS: Aye. UNGER: Oppose? [None.] This public portion of this agenda item is now closed. Commissioners,at this time I'm requesting a motion on this agenda item. SHIMAOKA: I move that a favorable recommendation be forwarded to the County Council on the application of a Change of Zone, Docket No. REZ 16-201,based on the Planning Director's recommendation, findings and proposed conditions,which shall be adopted. NOBRIGA: I second. UNGER: We have a motion from Commissioner Shimaoka, second by Commissioner Nobriga. Any discussion at this point from the Commissioners? Staff,roll call. DARROW: Thank you, Mr. Chair. With that,we'll take the roll call. Commissioner Shimaoka? SHIMAOKA: Aye. DARROW: Commissioner Nobriga? NOBRIGA: Aye. 5 DRAFT � � w DARROW: Commissioner Church? CHURCH: Aye. DARROW: Commissioner Kaholo? KAHOLO: Aye. DARROW: And Mr.Chairman? UNGER: Aye. DARROW: The motion passes, five to zero. UNGER: Thank you,Jeff. The discussion ended at 10:04 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 6 DRAFT