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Home My WebLink AboutCOM 0064.000 2018-2020 Wil Okabe Managing Director Harry Kim '*; ‘k.'!t Mayor • — — � Barbara J.Kossow ,,+r�iM��:•'�` Deputy Managing Director : rEOF•M�'� Cluuty of%dual Cid 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 CO Q—< KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 ro 2r" Dry • W — January 4. 2019 Aaron S. Y. Chung, Council Chair , and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 97 13 (REZ 843) Applicant: Nelson and Susan Fukuhara Request: Five-Year Extension of Time to Comply With Condition C (Complete Construction) Tax Map Key: 2-2-023:012 ✓Amendment to Change of Zone Ordinance No. 92-122 (REZ 727)) • Applicant: Piilani Partners, LLC Request: Amendment to Condition C (Plan Approval) and Condition D (Complete Construction) Tax Map Key: 2-2-033:011 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 Windward Planning Commission's letters and enclosures regarding the above-referenced requests. HARRY KIM Mayor MTransCouncilNeskovicREZ 18-229GHCFamiIyREZ 18-230 Enclosures Comm. No. cc: Planning Department Ref.To: P G /�` lk lb` County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. Date JAN 11 2019 T Harry Kim =I`•'�`: Joseph Clarkson, Chair Mayor +� �.!!:�%t;t Donald Ikeda,Vice Chair .�,.� Gilbert Aguinaldo '•a��---w.:�, Donn Dela Cruz +�, N�Ili i• r ,rF a;.:4;''''- Thomas Raffipiy John Replogle County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 'JAR - 4 2Ql'a_ Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: SUBJECT: Amendment to Change of Zone Ordinance No. 92-122 (REZ 727)) Applicant: Piilani Partners, LLC Request: Amendment to Condition C (Plan Approval) and Condition D (Complete Construction) Tax Map Key: 2-2-033:011 The Windward Planning Commission, at its duly held public hearing on December 6, 2018, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 92 122. The property is located at 525 Pi`ilani Street, at the northeastern corner of the Pi'ilani Street-Mililani Street intersection, Waiakea, South Hilo, Hawai`i. The applicant is requesting a 5-year time extension to comply with Condition C (Final Plan Approval) and Condition D (Complete Construction) of Change of Zone Ordinance No. 92 122, which reclassified approximately 2.5712 acres from Resort Hotel-Safety- 7,500 square feet(V S-7.5) district to the Limited Industrial - 20,000 square feet(ML-20) zoning district in order to facilitate the construction of a fish processing plant, accessory office use,parking and related improvements on the subject property. As discussed below, the original applicant abandoned that project and as such, did not comply with several conditions of Ordinance No. 92 122. Condition C required the original applicant to secure Final Plan Approval within one (1) year of consolidation of the four(4) original Hawai`i County is an Equal Opportunity Provider and Employer Aaron S.Y. Chung, Council Chair and Members of the County Council Page 2 parcels which make up the project site. That consolidation was finalized on October 24, 1994 making the date to secure Final Plan Approval October 24, 1995. Condition D required commencement of construction within one (1) year of receipt of Final Plan Approval and completion of construction within two (2) years after that. Condition D was never completed as the project was abandoned. The applicant is proposing to delete Conditions C and D and replace them with a new Condition C to read as follows: "Construction of the proposed development shall be completed within five (5) years from the effective date of this amendment. Prior to construction, the applicant(s), successor(s) or assign(s)shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70 Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structure(s),paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17(Landscaping Requirements). " The applicant is concurrently requesting revocation of Special Management Area (SMA) Use Permit No. 334, granted in 1992 to allow the construction of a warehouse, fish processing plant, accessory office use,parking and related improvements on the subject property. Additionally, the applicant is requesting a new SMA Use Permit to develop a potable water well and bottling facility with related improvements on approximately on an approximately 31,000-square foot portion of the 2.5712-acre subject property. The proposed development will occur on the southern quarter of the property with road frontage along Piilani Street and the remainder of the property will remain vacant at this time. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. As stated above, the original applicant, Suisan Company, LTD secured the subject change of zone ordinance and subsequently SMA Use Permit No. 334 in 1992 to develop a warehouse, fish processing plant, accessory office use, parking and related improvements in conjunction with a planned fish auction site near the mouth of the Wailoa River. Due to health and other environmental requirements, the planned use of the Suisan Fish Market auction site was terminated, this along with a sluggish economy in the 1990s caused Suisan to shift focus to improving its current location on Kalaniana`ole Avenue. As such, Suisan has decided Aaron S.Y. Chung, Council Chair and Members of the County Council Page 3 to abandon the fish processing plant concept and part with the property. The sluggish economy in the 1990's and inability to develop the fish auction site near the mouth of the Wailoa River are conditions that could not have been foreseen and were beyond the control of the original applicant. Approval of this request would not be contrary to the General Plan or Zoning Code nor the original reasons for granting the Change of Zone. The project area is designated Industrial on the LUPAG Map, which has not changed since the original change of zone was granted in 1992. Industrial areas include uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial-commercial uses. The Limited Industrial zoning is consistent with the LUPAG Industrial designation and the proposed potable well and water bottling facility would be a permitted use in the Limited Industrial (ML) zoning district as a, "food manufacturing and processing facility." The change of zone was originally approved in 1992 to allow the development of warehouse, fish processing plant, accessory office use,parking and related improvements. While that particular project has been abandoned, the reasons for approval of the change of zone still apply, namely, the Limited Industrial zoning designation's conformance to the General Plan LUPAG industrial designation and associated land use and economic policies and meeting the demand for additional, industrial zoned lands in an area that has few physical constraints to development and is adequately served by essential utilities and services. Based on the preceding, the original reasons for the approval of the change of zone are still applicable. Furthermore, the applicant's amendment request for a five (5)- year time extension to secure Final Plan Approval and complete the development of a potable water well and bottling facility with related improvements on the subject property is not contrary to these reasons. The Director is recommending utilizing the standard condition granting a five(5)-year time extension to secure Final Plan Approval and complete construction of the proposed development. This will effectively replace existing Conditions C (Final Plan Approval); D (Commencement of Construction); E (Design and Siting for Minimization of Visual/Sound Impacts) and J (Drainage), which are now addressed as part of Final Plan Approval. Additionally, the director is recommending deletion of Condition B (Final Consolidation), which was completed in 1994. Since the original change of zone was granted in 1992, there have been several changes to County Code, agency policies, rules and other regulations. During the review of this Aaron S.Y. Chung, Council Chair and Members of the County Council Page 4 application, the Planning Department sought comments from other government agencies to understand how their rules and regulations impact the amendment request. To ensure compliance with those regulations, many of the comments received have been included to either amend existing conditions of approval or as new proposed conditions of approval to be considered by the Planning Commission and County Council. These proposed changes and new conditions are discussed below: The proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. Access to the subject property is from the County owned and maintained Piilani Street which has approximately 25 feet of pavement width within a 60-foot right-of-way. The Department of Public Works (DPW), recommended and the Planning Director agrees that the portion of Piilani Street fronting the project site shall be improved to commercial standards, including but not limited to pavement widening, concrete sidewalks with curbs, gutters, streetlights/traffic control devices and drainage improvements prior to certificate of occupancy. Additionally, DPW recommended and the Planning Director agrees that the property owner shall be required to participate in the construction of or to pay their fair share contribution toward the cost of construction of the portion of Mililani Street fronting the project site. The preceding requirements will be added or maintained as conditions of approval. County water is available to the site and is limited to a maximum daily usage of 600 gallons. The water lines in the area are not adequate to provide the required pressure/flow for fire protection. The applicant will either install an alternative system meeting with the requirements of the Fire Department, or will upgrade the water line. The applicant will be required to submit anticipated maximum daily water usage calculations for the proposed project to the Department of Water Supply(DWS), who will determine if the existing water service can accommodate the proposed use or if larger or additional water meters are needed. Finally, the applicant will be required to install a reduced pressure type backflow prevention assembly and any additional improvements within the road right-of-way that may be required by other agencies. The preceding will be added or maintained as conditions of approval. As a condition of approval of this amendment, the applicant will be required to connect the project to a sewer line within Piilani Street, which will require the applicant to extend the sewer line from its terminus at the intersection of Piilani Street and Manono Street to the subject property. Aaron S.Y. Chung, Council Chair and Members of the County Council Page 5 Due to previous grading and grubbing in the area and its former warehousing /lumber treatment use, it is unlikely that any threatened or endangered flora or fauna species are present on the property. Due to the disturbed and urban nature of the surrounding areas, it is less likely to find endangered animal life in the area, however the applicant indicated that it is possible that a small number of endangered endemic birds and bats would traverse the or foraging in this general area. Based on the preceding, the Planning Director is recommending the addition of standard conditions of approval to mitigate possible impacts on these species. An archaeological inventory survey(AIS) for the property was conducted in 2018. The AIS identified five(5) sites that appeared to be remnants of a warehouse that was demolished. The AIS deemed the sites significant for their informational content only and have been mapped and documented. The applicant is awaiting review and approval of the AIS from the State Historic Preservation Division(SHPD). Additionally, at the time of this writing, the Planning Department has not received a response from their requested comment from SHPD on this application. The applicant will be required to comply with SHPD requirements during the grubbing and grading permit process and the Director is recommending a standard condition regarding inadvertent archaeological finds in the concurrent change of zone amendment. Dr. A.A. Camblor, O.D., whose office is located approximately 160 feet south of the subject parcel, submitted a letter opposing the proposed use citing concerns about visual impacts from the proposed industrial warehouse structures and concerns about various environmental impacts on drinking water. To mitigate visual and noise impacts to adjacent properties, the Planning Director is recommending that the applicant provide front yard (along Piilani Street frontage) and bufferyard (side and rear yard) landscaping in accordance with the Industrial/Residential zone standard bufferyard requirements of Planning Department's Rule No. 17. This includes an opaque screen from the ground to a height of at least six (6) feet, with intermittent visual screening from the opaque portion to a height of at least 20 feet. The environmental and water resource concerns and mitigation thereto will be discussed and addressed in the concurrent SMA Use Permit recommendation. Since the original change of zone was granted, the County Council has adopted concurrency requirements for water(discussed above), traffic impacts and civil defense sirens. The Zoning Code concurrency section requires a Traffic Impact Analysis Report (TIAR) whenever a proposed development will generate over 50 peak hour trips. The Aaron S.Y. Chung, Council Chair and Members of the County Council Page 6 applicant is proposing to construct a 1,500 square-foot bottling plant and warehouse structure and a 560 square-foot office building on a 31,000 square-foot portion of the property. Using the"Manufacturing" and"Single Tenant Office Building" land use categories in the Institute of Transportation Engineers Trip Generation Manual, it is estimated that about 2.2 trips during the peak hour periods will be generated. Thus, a TZAR is not required for this use. Should the applicant develop a subsequent land use on the remainder of the property which the Planning Department, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a TIAR shall be submitted for review and approval by the DPW prior to Final Plan Approval for that use. This will be added as a condition of approval of this amendment. Concurrency standards for civil defense sirens are met by two (2) separate civil defense sirens within range of the subject property, one at the Hilo State Office Building and the other at the intersection of Banyan Drive and Kamehameha Avenue. Therefore, there is no requirement for the applicant to install any additional civil defense sirens for the change of zone amendment request. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable County, State and Federal governmental requirements in connection with the approved use, prior to and during its commencement or establishment upon the subject properties. 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), compliance with State Health Department environmental/sanitation/health related regulations, drainage plan, among many others. Compliance with all applicable governmental requirements is a condition of this approval, and 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 preceding, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 92 122. In addition, the Planning Director recommends removal and revision of some existing conditions in the Ordinance to reflect condition compliance and current standard language for conditions of approval. The accompanying draft bill reflects these recommendations and changes. Material to be deleted is bracketed and struck-through; new material is underscored. 1 Aaron S.Y. Chung, 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, oseph Clarkson, Chairman Windward Planning Commission LPiilanip arrtnersAmendREZ727wp c2 Enclosures cc: Sidney Fuke, Planning Consultant Piilani Partners, LLC Department of Public Works Department of Water Supply Amy Self, Esq., Corporation Counsel BPiilaniPartnersArnendREZRevokeSMANewS MA.crk.7.24.2018 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PIILANI PARTNERS, LLC (FORMERLY SUISAN COMPANY,LTD) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 92 122 (REZ 727) REVOCATION OF SPECIAL MANAGEMENT AREA USE PERMIT NO. 334 (SMA 92-3) SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION NO. 18-000070 PIILANI PARTNERS, LLC (FORMERLY SUISAN COMPANY, LTD) has submitted a request for a 5-year time extension to comply with Condition C (Final Plan Approval) and Condition D (Complete Construction) of Change of Zone Ordinance No. 92 122, which reclassified approximately 2.5712-acres from the Resort-Hotel-Safety-7,500 square feet (V-S-7.5) district to the Limited Industrial-20,000 square feet (ML-20) zoning district in 1992. The applicant is also requesting the revocation of Special Management Area Use Permit No. 334, which was granted in 1992 to allow the construction of a warehouse, fish processing plant, accessory office use, parking and related improvements on a 2.5712-acre parcel within the Special Management Area. Finally, the applicant is requesting a Special Management Area Use Permit to develop a potable water well and bottling facility with related improvements on a 2.5712-acre parcel within the Special Management Area. The subject property is located at 525 Piilani Street, at the northeastern corner of the Piilani Street-Mililani Street intersection, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-033:011. PROPOSED ACTION 1. Request and Reasons for Request: The applicant is requesting the following: a. A 5-year time extension to comply with Condition C (Final Plan Approval) and Condition D (Complete Construction) of Change of Zone Ordinance No. 92 122, which reclassified approximately 2.5712-acres from Resort-Hotel-Safety-7,500 square feet (V-S-7.5) district to the Limited Industrial-20,000 square feet (ML-20) zoning district in order to facilitate the construction of a fish processing plant, accessory office use, parking and related improvements on the subject property. As discussed below, the original applicant abandoned that project and as such, did -1- I not comply with several conditions of Ordinance No. 92 122. Condition C required the original applicant to secure Final Plan Approval within one (1) year of consolidationof the four(4) original parcels which make up the project site. That consolidation was finalized on October 24, 1994 making the date to secure Final Plan Approval October 24, 1995. Condition D required commencement of construction within one (1) year of receipt of Final Plan Approval and completion of construction within two (2) years after that. Condition D was never completed as the project was abandoned. The applicant is proposing to delete Conditions C and D and replace them with a new Condition C to read as follows: "Construction of the proposed development shall be completed within five (5)years from the effective date of this amendment. Prior to construction, the applicant(s), successor(s) or assign(s) shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70 Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structure(s),paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). " b. The applicant is requesting revocation of Special Management Area (SMA) Use Permit No. 334, which was granted in 1992 to allow the construction of a warehouse, fish processing plant, accessory office use,parking and related improvements on the subject 2.5712-acre parcel within the SMA. The original applicant, Suisan Company, LTD (Suisan) planned to develop this facility in conjunction with a planned fish auction site near the mouth of the Wailoa River. Due to health and other environmental requirements, the planned use of the Suisan Fish Market auction site was terminated. This along with a sluggish economy in the 1990s caused Suisan to shift focus to improving its current -2- location. As such, Suisan has decided to abandon the fish processing plant concept and part with the property. c. Finally, the applicant is requesting a new SMA Use Permit to develop a potable water well and bottling facility with related improvements on an approximately 31,000-square foot portion of the 2.5712-acre subject property. The proposed water bottling facility consists of the supply well, two (2) 100,000-gallon+/- storage tanks less than twenty(20) feet in height, and if needed, booster pump station. Also proposed are a 1,500 square-foot bottling plant and warehouse structure and a 560 square-foot office building,both less than twenty(20) feet in height along with associated parking and landscaping. The proposed development will occur on the southern quarter of the property with road frontage along Piilani Street and the remainder of the property will remain vacant at this time. Should there be any use beyond what has generally been represented in this SMA Use Permit application a new or amended SMA Use Permit would be required. According to the applicant's hydrological consultant, the State of Hawai`i conducted a drilling project in this general area in 1993-94. In one of those boreholes, the strata through the first 920 feet was identified as coming from Mauna Loa aquifer. Below that was a 100-foot thick soil layer, "which was identified as the contact surface between Mauna Loa and Mauna Kea lavas, " and thus functioned as a "confining member for fresh artesian water in the underlying Mauna Kea lavas. "The applicant hopes to capture this potential fresh artesian water and develop a potable water bottling facility and related improvements on the subject site. The applicant plans to harvest and initially supply of up to 100,000 gallons per day("GPD") and depending on market demand for the resource, may eventually increase to an order of 200,000 GPD. The bottled beverages would be produced, stored, and then distributed to various local and non-local markets. The applicant anticipates eight (8) employees to support the bottling facility and the hours of operation are anticipated to be: weekdays from 7:00 a.m. to 6:00 p.m. and on occasion, Saturday during the same hours. There -3- will be no nighttime operation except for maintenance/security purposes. The applicant intends to submit well construction permits to the State Commission on Water Resource Management immediately upon approval of the requests. The permitting and exploratory well development process should take approximately three (3) months. Pending confirmation of the quality and quantity of the water, the well could be outfitted and operational within an aggregate twelve (12)month period. As the well is being developed for production, the applicant intends to secure the necessary construction permits and construct the office and warehouse buildings. The applicant hopes to get the project completed within two (2) years of securing all appropriate approvals. The estimated construction cost associated with the project is $2.5 million. (Planning Department Exhibit 1 - Time Extension Request, SMA Revocation Request, and SMA Use Permit Application Dated May 17, 2018) 2. Landowner: Matsuno Enterprises Limited. PERMIT HISTORY 3. July 24, 1991: Effective date of General Plan Amendment Ordinance No. 91 72, which changed the Land Use Pattern Allocation Guide (LUPAG) map designation from Medium-Density Urban to Industrial for the subject property. (Planning Department Exhibit 2 - Ordinance No. 91 72) 4. September 1, 1992: Date of Planning Commission Action on Special Management Area (SMA) Use Permit No. 334. (Planning Department Exhibit 3 —SMA No. 334) 5. November 20, 1992: Effective date of Change of Zone Ordinance No. 92 122, which changed the zoning of TMKs 2-2L033:011, 012, 019 and 020 totaling 2.5712 acres from the Resort-Hotel-Safety-7,500 square feet (V-S-7.5) district to the Limited Industrial-20,000 square feet (ML-20) zoning district. (Included as Exhibit A in the application) 6. October 24, 1994: Effective date of final approval for Consolidation 831-Revised which consolidated TMKs 2-2-033:011, 012, 019 and 020 into one lot. (Planning Department Exhibit 4—Final Consolidation Map) -4- STATE AND COUNTY PLANS 7. State Land Use District: Urban. 8. General Plan LUPAG Map Designation: Industrial. These areas include uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial-commercial uses. 9. County Zoning: Limited Industrial - 20,000 square feet (ML-20). 10. Hilo Community Development Plan (CDP): The Hilo CDP, adopted as Planning Commission Resolution No. 1 on May 21, 1975, identifies the property for Multi-Family Residential (RM-4)use. 11. Special Management Area (SMA): The subject property is situated entirely within the County SMA and is located approximately 1,969 feet from the nearest coastline. The SMA is part of the Coastal Zone Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 12. Subject Property: The subject 2.5712-acre property is rectangular in shape, fairly level and is situated approximately eleven (11) to thirteen (13) feet above sea level. The property was previously cleared and used for lumber treatment and warehousing, however it is currently vacant of any structures and heavily vegetated and according to the applicant, has some abandoned trash and tires on the subject property. According to Real Property Tax records, there are two open building permits on the property: a permit for an addition issued in 1981 and a permit to demolish a warehouse in 1993. 13. Surrounding Zoning and Land Uses: In the general area are a mix of commercial, recreational, and residential land uses. Located across Piilani Street to the south is the Freddy's Restaurant/Manono Mini-Mart commercial plaza with Commercial (CG-7.5) zoning. Directly to the north, east and west is vacant land all zoned Resort-Hotel (V-0.75) zoning. Further to the west is the Wailoa State Park and further to the east across Manono Street is the County's Ho`olulu Park Complex. There is an optometrist office located approximately 160 feet to the south and the closest dwelling is located approximately 330 feet to the south on property zoned Commercial (CG-7.5). -5- 14. Flood Zone: Flood Zone "X", an area determined to be outside of the 500-year floodplain. 15. Archaeological/Historical/Cultural Resources: An archaeological inventory survey (AIS) of the entire parcel was conducted by Haun and Associates in May 2018 (Included as Exhibit C in the application). The AIS identified one (1) archaeological site and four (4) displaced isolated objects. The site consisted of a concrete platform, and the isolated objects were a concrete post, a metal gear and axle, and two (2) concrete platforms. These sites appeared to be remnants of a former warehouse that was removed and/or demolished. All sites have been deemed significant for their information content only. Further, because the sites have been adequately mapped and documented, no further work was recommended. The applicant is currently awaiting review and approval of the AIS from the State Historic Preservation Division (SHPD). The Planning Department requested comments from SHPD on this application and at the time of this writing, has not received a response. 16. Cultural or Native Gathering Rights: According to the applicant, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources due to previous grading and grubbing in the area. 17. Air Quality: According to the applicant, air quality should not be materially affected by this project. The project itself should generate little air emission, except for from the fuel required for the operation of the pump for the water well. There will also be some measure of impact resulting from the additional vehicles coming to and from the site. With higher EPA standards for vehicular air emission plus the need to comply with appropriate Department of Health Air Quality standards, the impact to the ambient air quality should not be significant. Moreover, during the construction phase, appropriate measures for dust control pursuant to Department of Health requirements, will be taken by the contractor(s). 18. Noise Impacts: According to the applicant, during the construction of this project, there will be construction noise. Contractors will be required to comply and observe the State -6- Department of Health's noise standards. When completed, there will also be noise associated with modest traffic and the operation of the complex. The nearest residences are approximately 360 feet away. Mitigation such as sound attenuation structural measures, and limiting hours of operation to day light hours can be taken, if necessary. 19. Flora/Fauna Resources: According to the applicant, there were no professional surveys conducted of the floral or faunal resources of the site, as the site was previously cleared and used for warehouse use and as such, they do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. A visual observation of the site indicates the presence of some alien tree species. These include the bingabing (Macaranga mappa), tropical ash (fraxinus uhdei),banyan (Ficus benghalensis) trees, areca palms (Areca catechu), and various grasses and vines. All of this vegetation is common and not considered rare or endemic. As such, the floral impacts should be minimal. Introduced bird species (such as dove, Japanese White-eye, house finch, myna) are common in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose may be found on the site and are also common and not endangered. The applicant indicated that it is possible that a small number of endangered endemic birds like the Hawaiian Petrel and Newell's Shearwater would fly over the property between the months of May through November. Further, it may be possible to find the Hawaiian Hawk (I`o) and the Hawaiian Owl (Pueo) foraging in this general area. Nesting, however, generally occurs more in the upland. Further, the disturbed and urban nature of the surrounding areas would make it less likely to find endangered animal life in the area. The applicant has stated a willingness to adhere to standard recommendations to mitigate impacts on these species. 20. Public Access: According to the applicant, there is no record of a designated public access to the shoreline or mountain areas that traverses the property. 21. Civil Defense Sirens: Concurrency standards for civil defense sirens are met by two (2) separate civil defense sirens within range of the subject property, one at the Hilo State Office Building and the other at the intersection of Banyan Drive and Kamehameha -7- Avenue. Therefore, there is no requirement for the applicant to install any additional civil defense sirens for the change of zone amendment request. 22. Traffic Impacts: The zoning code concurrency section requires a Traffic Impact Analysis Report (TZAR) whenever a proposed development will generate over 50 peak hour trips. The applicant is proposing to construct a 1,500 square-foot bottling plant and warehouse structure and a 560 square-foot office building. Using the "Manufacturing" and "Single Tenant Office Building" land use categories in the Institute of Transportation Engineers Trip Generation Manual, it is estimated that about 2.2 trips during the peak hour periods will be generated. Thus, a TIAR is not required. 23. Scenic and Visual Resources: The applicant does not anticipate any visual impacts to ' Mauna Kea or Mauna Loa views from Piilani Street or Manono Street. The Hawai`i County General Plan does not list the subject property as a distinctive and identifiable landmark. 24. Coastal Ecosystems: The subject property is not a shoreline property as there are intervening properties between the project site and the nearest coastal area, the Wailoa Pond, approximately 'A mile from the subject property. 25. Recreational Resources: Access to the Wailoa State Park/Wailoa pond is via Piilani Street. There is no public access to the mountains or to the shoreline that runs through the subject property. 26. Hydrologic Resources: According to the State Department of Health, Safe Drinking Water Branch, within an approximately 1/4 to 1-mile radius, the Wailoa River contains arsenic encapsulated in the muck mud at the bottom of the river, contamination to the river bottom from the former canec fiber producing facility long ago. Additionally, within approximately 1/2-mile radius, parcels:2-2-030:017 and 019 contain arsenic left behind by the canec producing facility in the soil, and identified by the NEER Branch as a hazardous materials remediation clean-up site. Finally, the State Department of Health established the Underground Injection Control ("UIC") line to protect groundwater resources. Areas mauka of the line are considered potential drinking water source, where injection wells are prohibited. The area makai is considered non-potable and saline. In -8- this case, the subject site is located makai of the UIC line. Relative to the projected amount of water to be harvested, the applicant's hydrologic engineer anticipates the installation of a 250 gallon per minute ("GPM")pump for an initial supply of up to 100,000 gallons per day("GPD"). That would be the equivalent of 0.10 million gallons per day("MGD"). Depending on market demand for the resource, the use may eventually increase to an order of 200,000 GPD or 0.20 MGD. The proposed well will draw from the Mauna Kea lavas, which in this location exist at a depth of 800 feet below sea level and are designated by the State Commission on Water Resources Management(CWRM) as part of the Onomea Aquifer system, which has a sustainable yield of 147 MGD. Current foreseeable use of groundwater from this aquifer system is less than five (5) MGD. The applicant's projected draw of.20 MGD would represent a less than 0.2% usage of the sustainable yield of the aquifer. 27. Environmental Review: According to the applicant, inasmuch as the project is for the purpose of developing a potable water bottling facility, a Phase 1 Environmental Site Assessment ("ESA") in accordance with United States Environmental Protection Agency (EPA) standards, was conducted for the subject site on March 2018 by Lehua Environmental Inc. to investigate any potential ground contaminants (Included as Exhibit B in the Application). The assessment thus was to, "evaluate existing conditions, investigate the environmental history, and identify the presence of recognized environmental conditions (REC) within and around the site. "REC is defined as, "a past release of any hazardous substance or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted residential use criteria established by a regulatory authority, without subjecting the property to any required controls. "The assessment concluded that there was no evidence of historical or current recognized environmental conditions (REC) on the site. PUBLIC UTILITIES AND SERVICES 28. Access/Parking: Access to the subject property is from the county owned and maintained Piilani Street which has approximately 25 feet of pavement width within a 60-foot -9- right-of-way. The Department of Public Works (DPW) recommends that Piilani Street fronting the subject property be improved to commercial standards to include pavement widening with concrete curbs, gutters, sidewalks and drainage improvements. The portion of Mililani Street fronting the subject property is considered a paper road and not currently constructed. Therefore, DPW recommends that the property owner at some time in the future be required to participate in the construction of Mililani Street or to pay their fair share contribution of the cost of construction of Mililani Street. In addition, DPW recommends the applicant install streetlights and traffic control devices. The applicant shall be responsible for the design,purchase, and installation of such devices. The applicant is proposing to provide twelve (12) standard paved parking stalls as well as one handicapped van accessible stall and paved loading/unloading areas as required by the Zoning Code. 29. Water: According to the Department of Water Supply(DWS), County water is available to the site via an existing six (6)-inch waterline within Piilani Street fronting the subject parcel. The subject parcel is served by an existing 5/8-inch meter, which is limited to a maximum daily usage of 600 gallons to be used for restroom and warehouse operations, not bottling as DWS does not allow the use of County water for bottling and resale. Water to be bottled will be provided by the proposed well. Both the existing 6-inch waterline within Piilani Street and the existing 8-inch waterline within Manono Street are inadequate to provide the required 2,000 gallons per minute of flow for fire protection. DWS is requesting that the applicant submit anticipated maximum daily water usage calculations for the proposed project so that DWS can determine if the existing meter can accommodate the proposed uses or if larger or additional meters are needed. Finally, the applicant will be required to install a reduced pressure type backflow prevention assembly and any additional improvements within the road right-of-way that may be required by other agencies. 30. Wastewater: The applicant originally proposed to connect to the existing sewer line within Mililani Street. However, according to the Department of Environmental Management-Wastewater Division (DEM), connection to a sewer line within Piilani -10- f - sa..aua:as�:•. GiFc+-st:.�__. .:. >:R-«_..ra.—s c.,ce+, .�..,�_..— __.__.. COUNTY OF HAWAII STATE OF HAWAII BILL NO. 445 ORDINANCE NO 1 7 AN ORDINANCE AMENDING THE COUNTY OF HAWAII GENERAL PLAN AS ADOPTED BY ORDINANCE NO. 89-142 AND AS AMENDED BY ORDINANCE NO . 90-71 AND ORDINANCE NO. 91-48 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The County of Hawaii General Plan Land Use Pattern Allocation Guide Map is hereby amended to redesignate approximately 2. 57+ acres of land, identified by Tax Map Key 2-2-33 :11, 12, 19 and 20 located at Waiakea, City of Hilo, South Hilo from "Medium Density Urban" to "Industrial Area" . SECTION 2 . If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions of applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 3 . This ordinance shall take effect upon its approval . INTRODUCED BY: ' 1 I (/ Hilo, Hawaii COUNCIL MEM.:ER, Ci NTY OF HAWAII Date of Introduction : July 3, 1991 Date of 1st Reading: July 3, 1991 Date of 2nd Reading : July 18, 1991 Effective Date:. July 24 , 1991 APPROVED AS TO FORM AND LEGALITY: Manning Dept. . DEFITTICORPOATION COUNSEL Exhibit I DATE MAY 3 0 1991 .p.;aw95 n: rw_.�n, ..,: T an,w:w:,;.fnt,.'zFri.••:.um fµ.t.,,„.R rryy+:.>'<n. ;..y,:a.... p«- -. .,a•,., �� ., -..,--. ..« 11 M0 1.4 Akm tym in, x z z I t p, I)a.. t oZ 0 2' Q L� Z 0 � . 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J...� :..: ,_ ,... l s1.x a . a -.4 :5Lorrai ne R.Inouye Planning Commission Mayor (r 25 Aupuni Street,Rm.109 a Hilo,Hawaii 96720° (808) 961-8288 CERTIFIED MAIL September 1, 1992 Suisan Company, Ltd. 1965 Kamehameha Avenue Hilo, HI 96720 Gentlemen: Change of Zone Application (R92-7) Special Management Area Use Permit Application (SMA 92-3) - Applicant: Suisan Company, Ltd . Request: V-S- . 75 to ML-20 Tax Map Key: 2-2-33 : 11 , 12, 19 & 20 The Planning Commission at its duly held public hearing on August 20, 1992 reviewed and acted on your applications for a Change of Zone and Special Management Area Use Permit for the above described property. The Commission voted to recommend the approval of the Change of Zone Application to the County Council, subject to the following conditions: A. The applicant, its successors or assigns shall comply with all of the stated conditions of approval. B. Final consolidation approval of the subject properties shall be secured within one year from the effective date of 1 the change of zone i . .,;.-;, ,r.. .... .. C. Final plan approval for the proposed fish processing/ warehouse/office facility and related improvements shall be ;;, H ; secured from the Planning Department within one year from the date of Final Consolidation Approval . To assure adequate time for plan approval review and in accordance "'"' '.: with Chapter 25-244 (Zoning Code) , plans shall be submitted !'/},' a minimum of forty-five (45) days prior to the date for which plan approval must be secured. Plans shall indicate- proposed ndicateproposed structures, landscaping and parking associated with the proposed development. Planning Dept. SEP 1992. Exhibit Suisan Company, Ltd. September 1, 1992 Page 2 D. Construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter. E. In the design and review of any improvements, due consideration shall be given to the minimization of noise and adverse visual impacts through appropriate siting, height, bulk, color schemes, signage, and landscaping. F. Access to the project site shall meet with the approval of the Department of Public Works . G. The method of sewage and solid waste disposal shall meet with the approval of the appropriate governmental agencies . H. That portion of Piilani Street fronting the project site shall be improved to commercial standards . This improvement shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development . I . Upon the development of parcels along the unconstructed portion of Mililani Street in the immediate vicinity of the subject properties, the applicant shall either participate in the construction of Mililani Street or a fair share contribution of its construction (280 feet) at .a time and in a manner meeting with the approval of the Department of Public Works. J. A drainage system, if required, shall be installed meeting with the approval of the Department of Public Works. . K. Comply with all applicable laws, rules, regulations and requirements, including those of the Departments of Public Works, Health and Fire . L. Should the Council adopt a Unified Impact Fees Ordinance setting• forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer' s election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance. P 1 1 1 , Suisan Company, Ltd. September 1, 1992 Page 3 N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this Change of Zone. The report shall address the status of the development and the compliance with the conditions of approval , This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. N. An 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 applicant, 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) ; and 5) if the applicant should require .an additional extension of time, the Planning Director shall submit the applicant ' s request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. This approval does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. The Planning Commission also approved your Special Management Area Use Permit No. 334, to allow the construction of a warehouse, fish processing plant, accessory office use, parking and related improvements . The property is at the northeastern corner of the Piilani Street-Mililani Street intersection, Waiakea, South Hilo, Hawaii . � I Suisan Company, Ltd. September 1, 1992 Page 4 Approval of this request is based on the following: The purpose of Chapter 205-A, Hawaii Revised Statutes, and Rule 9 , Special Management Area. (SMA) Rules and Regulations of the County of Hawaii is to preserve, protect , and, where possible, to restore the natural resources of the coastal zone areas . Therefore, special controls on development within the area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options . One of the criteria for approving a development within the SMA is that it is consistent with the General Plan and Zoning Code. The proposed project does conform to the General Plan Land Use Pattern Allocation Guide Map, which designates this area for Industrial use. As discussed previously, the granting of this permit will also complement the mentioned goals, policies and standards of the General Plan. A criteria in reviewing an SMA Use Permit Application is that "The development will not have any significant adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. Such adverse effect shall include, but not be limited to, the potential cumulative impact of individual developments , each one of which taken in itself might not have a substantial adverse effect and elimination of planning options . " The proposed facility will utilize an "ozonator" to control odors emanating from the processing of fish products . Waste products generated by this processing will be refrigerated and placed in containers for later composting and/or recycling by independant operators. Therefore, the proposed facility is not anticipated to have an adverse impact to air quality in the surrounding area. Wastewater generated by the facility will be disposed of within the County' s sewer system. Due to the improved nature of the project site, endangered species of plants or animals are not anticipated to be adversely affected by the proposed development . Similarly, the proposed development will not have an adverse impact to historical or 3 cultural resources . The coastal ecosystem is not expected to be significantly affected by the development. The project site is located approximately 700 feet from the nearest waterway (Waiakea Fish Suisan Company, Ltd. September 1, 1992 Page 5 Pond) and approximately 2, 000 feet from the coastal areas . As previously mentioned, the facility will utilize the County' s wastewater treatment facilities, thereby reducing the possibility of ground and coastal water contamination. Negative impacts on the local water quality resulting from soil erosion and runoff during site preparation and construction phases can be adequately mitigated through compliance with existing ordinances and regulations. With these precautionary measures in place, the proposed development is not expected to have any substantial adverse effects on the coastal resources . Public access and recreational resources would be unaffected by the proposal . , As previously mentioned, the project site is located over 2,000 feet from coastal areas . The proposed development will not be subject to flood or coastal hazards . According to the FIRM map, the site is in Zone "X" an area outside of the 500-year flood plain and is not within a tsunami inundation area . However, Civil Defense indicates that the project site is located within a tsunami zone. Given the location of the project site next to major recreational facilities, it is recommended that an emergency preparedness and response plan be development by the applicant to be filed with the Planning Department and the Civil Defense Agency. The project site is not located within a recognized visual corridor. Nevertheless, its proximity to the Wailoa River State Recreation Area does elevate the concern that such a development would have an adverse visual impact to this area. Therefore, it is recommended that in the design and review of any improvements within the project site, due consideration shall be given to the minimization of noise and adverse visual impacts through appropriate siting, height, bulk, color schemes, signage, and _ landscaping . • Approval of this SMA Use Permit is subject to the following conditions: 1. The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval. 2. This Special Management Area Use Permit shall become effective simultaneous with the accompanying Change of Zone. Suisan Company, Ltd. September 1, 1992 Page 6 3 . An emergency preparedness and response plan shall be filed with the Hawaii County Civil Defense Agency and the Planning Department prior to the issuance of a certificate of occupancy for any portion of the proposed development . 4 . Comply with all applicable laws, rules, regulations and requirements, including those of the Departments of Public Works, Health, Fire and the conditions of approval of the accompanying change of zone. 5 . An annual progress report shall be submittedto the Planning Director prior to the anniversary date of the effective date of this ,permit. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Department acknowledges that further reports are not required. 6 . An extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances: a) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; b) granting of the time extension contrarythe would not be to General Plan or Zoning Code; c) granting of the time extension would not be contrary to the original reasons for the granting of the permit; and d) 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) . Further, should any of the conditions not be met or substantially complied with in a _ : - timely fashion, the Director shall initiate procedures to revoke ,the permit. • This recommendation does not, however, sanction the specific planssubmitted with the application as they, may be subject to change given specific code and regulatory requirements of the affected agencies . Suisan Company, Ltd. September 1, 1992 Page 7 Please feel free to contact the Planning Department if there are any questions on this matter. Sincerely, • / ,sJ,cl15 r Bennis R. Holt, Vice Chairman Planning Commission 7629d jdk xc: R. Ben Tsukazaki, Esq. Department of Public Works Department of Water Supply County Real Property Tax Division Civil Defense OSP, CZM Program w/background DLNR Mayor Planning Director Plan Approval Section Connie • jF _ 9Z TRuJ i l ___.. o1eTH - 1„ SCAB-I< O4 ! -too' ''r O STATS or NAvrAII �oy.4NEr ) III Z 63_49 ' B,8H .91 tR z i o :G0e'oo' "�7At AI" a� - 5Co`.o_00 oc) s 15 a.. rend ._._ _ N �F G,r � ,d I N • 0 GRANT 17,489 -r-c, 74upc,t_ - o O v, .-, �. u �- 0 o SAL.Eg PNt7 G�tRVIct. oor,-rr�Al-ry 0 y : Ni Si O 6 > � 0 >` GRANT L C'T" A n `1 • ¢ i. Vi tj 1c' 1�r3� - -, , d; T Z f moi.,_ci-retc 1 l t 7a2 �Q_ FT J ,0c LIPS r..... -, •,-;)`- i CoM ANY, 3 .-- : l j `0 L.rn 11TEr, LOT I3 o 0 .J . i . o L▪ ,< _ p 0 L;OT C 134 SQ. T. 0 0 1 ,; u Z o N 14 e .FT. ',_ u., 0 4- r. 225'00' 19S'00' 7 B5-36 55.96— 7 J Cl 1• 1J � R:25_o0 510.00 Ic4='2.5.00 i A. `r4J6_5 t N� 25-00 1 80 c' ate' ~^ �w�.5. in-00 25.00 - X • HA AII" .LA / ►� 11L,1LAN I — / 11eeTHALAI"A 71- 4-/ OQ- . t0 . . . oYV N1El R 9U13D1tilt9tON MAP . . . ...jo -t-t► AN- CoMpAN7; LTr7. IV65 te\AMHAM !-!A AVNti ' LAND SITUATED AT WAIAXEA, 43®UTH HILC>, t-AINAI/ 07-=,.!=, H t LO, ISL.AN D OF HAWAII, HAWAII. ISEIN6 ALL OF 6RAN T 13,°431 To HILO :,✓=,r-�•s-K;,.,, r RE>✓'Ar4Eo r37 = • ELECTRIC LI0HT• COM PA N7; LlMITEt? : * ' �'s'"'r; IMATA AND A5SOC/ATES, INC_ AND ALL OF 6/RANT lI,4t3s Td, ��''4P'` �*.,-;7_,,,,r7 ia NAWA1i-41 7? 14UI7DLC c3ALEa ' AN C, SE:TRvsCE ',,•,,, --- r COMPANY. (L.OT5 ✓,�#' AND .' LAND -f,' 't•-•i itD BUs;G k.l ur, F-'i • C'N 50 L C7AT1 O int OF 61RAINT I3,.I-31 tt*y.,_y� " ` °s /* ' - /ivtl t AND LOT5 3, 4 AND - `z.,, I '';;w_.J;r c...)--2,r) K- MAT'S UNAG f'.�', t, ,`- 1- GENS'tm't7 1�1Q0 E ' to AL GU 14Vt3. o Ahl!? I�'E5U>r3D1V}rralC7l`t �F Ciel}� ctrRTi1=1A'-r. NUrville. r• -=I- S 7 CONSOLIOATION INTO LOTS A. a AND C. i • A>< MA K>w T y . 3 1-" IC, DIV- ---2.-. - t1, 1-2, [� �a• .... .. . 1'sC -csc=rC . Kofi_ f�R vols No- H-moo -. .e,,q es.. - ,. 11" C ° >., q DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: June 27, 2018 i % f i7 rV w �l TO: ichael Yee, Pla ing Director -N, FROM: Iliepart ent o Public Works, gineering Division r- "=-11 SUBJECT: SMA USE PERMIT No. 334 (SMA 92-000003) Request: Revocation of SMA Permit No. 334 SMA USE PERMIT APPLICATION (SMA 18-000070) .z -C Request: To Develop a Potable Water Well and Bottling Facility with Related Improvements AMENDMENT TO CHANGE OF ZONE ORD. NO. 92 122 (REZ 727) Request: Amendment to Condition C (Plan Approval) and Condition D (Complete Construction) Applicant: Piilani Partners, LLC (formerly Suisan Co., Ltd.) TMK: 2-2-033:011 We have reviewed the subject applications and have the following comments: We have no objections to the revocation of SMA Permit No. 334. We have no objections to the amendment to Change of Zone Ordinance No. 92 122 to Condition C (Plan Approval) and Condition D (Complete Construction). Regarding the SMA Use Permit Application, SMA 18-000070, the subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The portion of Piilani Street fronting the project site shall be improved to commercial standards to include but not limited to concrete sidewalks with curbs, gutters and drainage improvements. The portion of Mililani Street fronting the project site is considered a paper road and not currently constructed. Therefore, we recommend that the property owner at some time in the future be required to participate in the construction of Mililani Street or be required to pay their fair share contribution of the cost of construction of Mililani Street. Install streetlights and control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Planning et. maybe referred to Robyn Matsumoto at 961-8924. Exhibit „ . i• ... . ., .,. , . ,. •, ... . 119248 Kay, Christian ?MR Jill -7 F1'n 1n 2S From: Matsumoto, Robyn i_ANN ``s< - TP' Sent: Wednesday,July 25, 2018 9:53 AM CO--ll`i I ..r, aF HAV'v l To: Kay, Christian Subject: RE: Piilani Partners Questions Hi Christian, Just clarifying our discussion. Since the COZ applies to the entire property, the frontage improvements on Piilani Street should apply to the entire frontage. Thanks, Robyw Ada ,winoto- Department of Public Works Engineering Division Regulatory Section From: Matsumoto, Robyn Sent:Thursday,July 12, 2018 1:44 PM To: Kay, Christian <Christian.Kay@hawaiicounty.gov> Cc:Jackson, Maija <Maija.Jackson@hawaiicounty.gov>; Darrow, Jeff<Jeff.Darrow@hawaiicounty.gov> Subject: RE: Piilani Partners Questions Hi Christian, Please see my response below. Let me know if you need anything else. Thanks, Roby wMa�a- Department of Public Works Engineering Division Regulatory Section From: Kay, Christian Sent:Thursday,July 12, 2018 11:49 AM To: Matsumoto, Robyn <Robyn.Matsumoto@hawaiicounty.gov> Cc:Jackson, Maija <Maija.Jackson@hawaiicounty.gov>; Darrow,Jeff<Jeff.Darrow@hawaiicounty.gov> Subject: Piilani Partners Questions Hi Robyn, I have a couple questions re: your Piilani Partners comment letter. 1. Regarding your comment, "The portion of Piilani Street fronting the project site shall be improved to commercial standards to include but not limited to concrete sidewalks with curbs, gutters and drainage improvements." What constitutes "Commercial Standard?" , , Planning Det® 013 Exhibit, 1 'of ATE � • � �c rj 49 " �, c, DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`1 , Gy�yoFWA�`aP � 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 w TELEPHONE (808) 961-8050 • FAX (808) 961-8657 June 14,2018 r w —71 TO: Mr. Michael Yee, Director _ - CO Planning Department -? - FROM: Keith K. Okamoto,Manager-Chief Engineer ['V SUBJECT: Special Management Area Use Permit Application No. 334 (SMA 92-000003) Request—Revocation of SMA Permit No.334 Special Management Area Use Permit Application (SMA 18-000070) Request—To Develop a Potable Water Well and Bottling Facility with Related Improvements Amendment to Change of Zone Ordinance No. 92 122 (REZ 727) Request—Amendment to Condition C (Plan Approval) and Condition D (Complete Construction) Applicant—Piilani Partners,LLC (formerly Suisan Co.,Ltd.) Tax Map Key 2-2-033:011 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 6-inch waterline within Pi`ilani Street fronting the subject parcel. The subject parcel is served by an existing 5/8-inch meter(Account No. 100-65700), which is limited to a maximum daily usage of 600 gallons. The Department has no objection to the proposed Special Management Area Use Permit application, subject to the applicant understanding and accepting the following conditions: 1_ The Department requests that the applicant submit estimated maximum daily water usage calculations,,prepared by a professional engineer, licensed in the State of Hawai`i,for review and approval. The water usage calculations should include the estimated peak flow in gallons per minute and the total estimated maximum daily water usage in gallons per day,including all irrigation use. Upon receipt of the water usage calculations above,the Department will make a determination as to the water commitment deposit amount and prevailing facilities charge,which is subject to change,to be paid. Based on the water demand calculations,the Department will determine the appropriate service lateral and meter size required. 11'9005 . Water, Our Wost Precious&source. . . 702`i /ai.A 2Kdne. . . Planning Dept, • . The Department of Water Supply is an Equal Opportunity provider and employer. Exhibit Mr. Michael Yee, Director Page 2 June 14,2018 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly,by a licensed contractor,within five (5) feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s)must be inspected and approved by the Department before commencement of water service. 3. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. For your information,the existing 6-inch waterline within Pi`ilani Street and the existing 8-inch waterline within Manono Street are both inadequate to provide the required 2,000-gallons per minute of flow for fire protection, per the Department's Water System Standards. Should there be any questions,please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, c'5�- Keith K. Okamoto Manager-Chief Engineer TS:dfg copy— Pi`ilani Partners,LLC DWS Cross-Connection Section Harry Kim William A.Kucharski Mayor .11 vim"� / Director x traez` Wilfred M.Okabe +'44' . .. Diane A.Noda Managing Director Deputy Director outttl ,) C.) DEPARTMENT OF E1 Ii RONl NTAL AHEM` ' 345 Kektianao`a Street,Suite 41•Hilo,Hawaii 96720 _ Ph:(808)961-8083•Fax:(808)961-8086 _ :•� Ni cohdem@co.hawaii.hi.us U 1 http://www.hawaiicounty.gov/environmental-management/ c.• MEMORANDUM �i- TO: Michael Yee,Director Planning Department l ' FROM: William A.Kucharski,Director { Environmental Management Dep�� `:�• DATE: June 25,2018 SUBJECT: Special Management Area Use Permit No. 334(SMA 92-000003) Request: Revocation of SMA Permit No. 334 Special Management Area Use Permit Application(SMA 18-000070) Request: To Develop a Potable Water Well and Bottling Facility with Related Improvements Amendment to Change of Zone Ordinance No. 92-122(REZ 727) Request: Amendment to Condition C (Plan Approval)and Condition D (Complete Construction) Applicant: Piilani Partners,LLC(formerly Suisan Co.,Ltd.) Tax Map Key: (3)2-2-033:011 The Solid Waste Division has reviewed the subject application and offers the following Pp comments and/or recommendations(contact the Solid Waste Division for details): (X) No comments. ( ) Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the West Hawai`i Organics Facility and East Hawai`i Organics Facility,or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. 119180 Planning Dept. County of Hawel'i is an Equal Opportunity Provider and Employer Exhibit Mr.Michael Yee,Director June 25,2018 Page 2 ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations(contact the Wastewater Division for details): ( ) No comments. ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai`i County Code. (X) Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawai`i 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. (X) Check or line out as applicable: [X] If required by the Director of the Department of Environmental Management("Director of DEM"), [X] 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. (X) Other: Section VII.B indicates an intention to connect to the County sewer via Mililani Street. Connection to the County sewer should be accomplished via Piilani Street. Discharge of unpolluted water into County sewers is prohibited by Section 21-8,Hawaii County Code. WK:mef Y `I � Harry Kim ,-‘o°"•s"-O�r['ti'`; UN 7 PM u 21 Darren-J.Hosario;1 Mayor �� : •.`.y �1, . '� Fire'Chiel.}'• . �• �: :.. • •1,vi I . ^'rr r 1• ��I i Renwick J.'Victo;ino `" ••:c-='.� :OIJi ii I� ., HIf`M1 uI Deputy Pre Chiej-__ Couutp of Ti9athat't HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 " ' '''` (808)932-2900•Fax(808)932-2928 June 7,2018 TO: MICHAEL YEE,PLANNING DIRECTOR FROM: DARREN J.ROSARIO,FIRE CHIEF — SUBJECT: Special Management Area Use Permit No. 334(SMA 92-000003) Request: Revocation of SMA Permit No. 334. Special Management Area Use Permit Application(SMA 18-000070) Amendment to Change of Zone Application No. 07 47 (REZ 05-000016) Applicant: Pi`ilani Partners,LLC(Formerly Suisan Co.Ltd) Tax Map Key:2-2033:011 In regards to the above-mentioned Special Management Area Use Permit and Amendment to Change of Zone application,the following shall be in accordance: NFPA 1,UNIFORM FIRE CODE,2006 EDITION Note:Ilawai`i State Fire Code,National Fire Protection Association 2006 version, with County of Hawai'1 amendments. County amendments are identified with a preceding "C—"of the reference code. Fire Department Access and Water Supply Chapter 18 p pp Y 18.1 General.Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy,or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow,or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units; more than one type of appliance, or special systems suitable for the protection of the hazard involved. • 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access.Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 118819 alt` Planning Dept. Hawai'i County is an Equal Opportunity Provider and Employer. Exhibit Michael Yee June 7, 2018 Page 2 18.1.1.2 Fire Hydrant Systems.Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. C- 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations,hydrant testing,and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es).The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments.The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance.The owner or occupant of a structure or area,with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility,building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes,parking lots lanes, or a combination thereof. 18.2.3.1.3*When not more than two one- and two-family dwellings or private garages,carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2)or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Michael Yee June 7, 2018 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions,the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m)of at least one exterior door that can be opened from the outside that provides access to the interior of the building.Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R,the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads.More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C— 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet,with an area of not less than 20 feet wide within 150 feet of the structure being protected.An approved turn around area shall be provided if the FDAR exceeds 250 feet. C- 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C—18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Michael Yee June 7, 2018 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C- 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads(25 Tons)of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C- 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m)in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C—18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 i percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2*The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft(0.61 m)beyond each edge of the fire lane. Michael Yee June 7, 2018 Page 5 - 18.2.3.4.7 Traffic Calming Devices.The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner,including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3*Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Michael Yee June 7, 2018 Page 6 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures,signs, tags,or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1*A water supply approved by the county,capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building,on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. Michael Yee • June 7,2018 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C� 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001-3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001-6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC)to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4"for C900 PVC pipe; b) 4"for C906 PE pipe; c) 3" for ductile Iron; d) 3' for galvanized steel. Michael Yee June 7, 2018 Page 8 3) The Fire Department Connection(FDC)shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade,as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other,with each FDC being capable of flowing 500gpm by engineered design standards.The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access g q P Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection maybe increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet,but less than 3000 square feet and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 500 feet. Michael Yee June 7, 2018 Page 9 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements,please contact the Fire Prevention Bureau at(808) 932-2911. DARREN J. ROSARIO Fire Chief RP:ds • DAVID Y.IGEo y--_ BRUCE S.ANDERSON PhD. GOVERNOR OF HAWAII /.03 *to DIRECTOR OF HEALTH as ` :'~Tial ..ate.✓;. STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 -O MEMORANDUM 0 zv r.D DATE: December 7,2017 t TO: Mr.Michael Yee ` Planning Director, County of Hawaii '=z cn PROM: Eric Honda ar- District Enver amental Health Program Chief SUBJECT: Special Management Area Use Permit No. 334 (SMA-92-000003) Request: Revocation of SMA Permit No. 334. Special Management Area Use Application(SMA-000070) Reqeust: To Develop a Potable Water Well and Bottling Facility with Related Improvements Amendment to Change of Zone Ordinance No. 92 122 (REZ 727) Request: Amendment to Condition C and Condition D Applicant: Piilani Partmers,LLC TMK: 2-2-033:011 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1,Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements,please contact our Clean Air Branch staff at Ph. 933-0401. The proposed bottling facility would need to meet the requirements of Chapter 50,Food Safety Code. Please contact the Sanitation office at 808-933-0917. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Planning Dopt. • 119 2'5 -' [Yb Michael Yee June 27,2018 Page 2 of 4 Should there be any questions on this matter,please contact the Department of Health at 933- 0917. The Department of Health (DOH), Clean Water Branch(CWB), acknowledges receipt of the subject document on June 05,2018. The CWB has reviewed the limited information contained • in the subject document and offers the following comments: Permit Issuance * 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 project/activity: - Requires a federal permit, license, certificate, approval,registration, or 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 following pollutants to enter State waters from the surface or in-water: solid waste,rock/sand/dirt,heat, sewage, construction debris, any 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,QC,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/epermit/. 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/cwb/. • National Pollutant Discharge Elimination System(NPDES)permit coverage is required for: 1 Michael Yee June 27, 2018 Page 3 of 4 -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 122.26(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.gov/epermit/. 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: https://eha-cloud.doh.hawaii.Qov/epermit/. 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 • i Michael Yee June 27,2018 Page 4 of 4 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. o 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. Lands formerly used for sugarcane production are now being developed into communities where residential homes, schools and commercial businesses are being constructed. Chemicals associated with the sugarcane industry persist in soil today and may be a threat to public health and the environment. Elevated arsenic levels were discovered in soil at former sugarcane production areas on the islands. The HEER Office has identified former sugarcane production areas for assessment throughout the state and plans to work with property owners to conduct environmental assessments to identify and address elevated soil arsenic levels prior to finalizing development plans for the properties. We recommend that you review all of the Standard Comments on our website: http:/fhawaii.aov/health/environmental/env-planning/landuse/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. Memorandum Date: June 20, 2018 To: Michael Yee, Planning Director From: Theresa McGeehan-Takiue-1 Environmental Health Specialist,Department of Health,Safe Drinking Water Branch, East Hawaii Subject: Special Management Area Use Permit No.334(SMA 92-000003) Request: Revocation of SMA Permit No.334 Special Management Area Use Permit Application(SMA 18-000070) Request:To Develop a Potable Water Well and Bottling Facility with Related Improvements Amendment to Change of Zone Ordinance No.92-122(REZ 727) Request:Amendment to Condition C(Plan Approval)and Condition D(Complete Construction) Applicant: Palani Partners, LLC(formerly Suisan Co., Ltd.) Tax Map Key:2-2-033:011 Per your application to develop a bottle processing facility with a supply well;two(2) 100,000+1 gallon storage tanks and booster pump station: For Land Use plan review&comments,please send the complete Application and report prepared by Sidney M. Fuke, Planning Consultant,prepared for:Piilani Partners LLC,dated May 2018,including Phase I Environmental Site Assessment,prepared by Lehua Environmental Inc., Prepared for:Columbus East, LLC,dated March 2018,and Internal Draft Archaeological Inventory Survey by Haun&Associates,dated May 2018,to: Ms.Joanna Seto,P.E.,Chief Department of Health,Safe Drinking Water Branch UUluakupu Building 4,Suite 110 2385 Pearl City,Hawaii 96782-1400 Projects that propose development of new sources of drinking water serving or proposed to serve 25 or more individuals 60 days per year or has at least 15 service connections must be approved by the Director of Health prior to its use and comply with Hawaii Administrative Rules(HAR),Title 11,Chapter 20, "Rules Relating to Public Water System." The Safe Drinking Water Branch is tasked with ground water protection, underground injection control and source water protection of existing sources of public water supply to prevent or reduce the potential for contamination of the drinking water. For the benefit of SDWB review I am offering the following observations: e Within approximately 1/4 to 1-mile radius,the Wailoa River contains arsenic encapsulated in the muck mud at the bottom of the river, contamination to the river bottom from the former canec fiber producing facility long ago ® Within approximately'A mile radius, parcels TMK:3-2-2-030:017&19 contain arsenic left behind by the canec producing facility in the soil,and identified by the HEER Branch as a hazardous materials remediation clean-up site ® The parcel planned for the bottle processing facility with supply well(page 5-6,item C,plans to drill supply well to penetrate the basal aquifer, makai of the UIC line). o Within approximately 1/:-1-mile radius of Waiakea Well(former bottle water company well,located on TMK(3)-2-2-030:003) Please include this memo when routing the complete application to the Safe Drinking Water Branch in Pearl City on Oahu,for review&comments, ,-r•-":" ,.,- ,e,':!.4..'0.)• A i' Piilani Partners LLC site on the right of Piilani Street,Wailoa River&State Park straight ahead,Mililani Street to the left. ti,� " $ ` 43`;4"$ % x 4- 1 1`., - .r �► j C'v-'�ar"4 t*.'.,_, `,,,,,a.'�S' ss '',' ,'3 '�, ^S, t.« x - • e ti� � r"`�r¢�� ‘,...1.... T�`�' - ^""•":✓Y= •�r^_ ..rte_�� - �' r - - ;,,Z7,• r.+ , -s - .r.:1,,,,,;: -..k....,o:,t,•s,.},. ,ysi M°'. vi ,,,.�t,,3�M4w ,c„�s. r.- tea : �` � •L"''+�. '• : -. : `"fiw+ ?z ,,,K. , E :., y�,�x,. n ;$ d .,.v f,$^ `'i:„ V ""'�; •=i„ •{� ,;;*'v i ey1°„ ,Y..,, E... . '',{.-" m x J„Tc:13,ie7'J ,:, ..>„.,.tiOrl 'Slte.cy :' ''`^p � ., . `rY.-.-,mss„ ' .:." .. -�, 'fK Piilani Partners LLC posting of Notice of Rezoning Application on site _IL _--------=_ 1 .1 / _ ,-----------------------r------- 7/:-/------0 1 \__ ----T::---,,- -''''-'-' - ----A_,-7 --------,_----_____I ------__ , ,----v` _,---------\---------\---- Ku-aw-a-S-:_ L .z_,.. L----- __ ----- ----- --- ....v. ---, ---- 1 I ---) - -1 \ • r : \----- \ . , . / \ -• 2 i , .,- ,{, , / ,,,„/ ''", 4 NI 111111111. 1111111111 E /.0 ..-ct „.., • OWN MillimmowillO WA Mini L 1 W.I--1.--1:•1 :Si.i;;illa" 1 a Cr- \........------...sus. IIN 11111111. --- all 111111T1111sp 411 *' . -517"'‘ j '?: -t' an m II nal oi _me '-' -a‘c i 7:: 11.11111 11111111111111m 11111111111 ..., ,, 4, cz -6 0 "lin alii 10u a -a' -- -s., tan lial iluiriTi me nums _.....iwatiAmor -- ro—r----imu-n--06- ammo Malt , WWII SEM MIN 11111111111.1. 10 W NINO MIMI MOM . . 06, U "01 1 inch equals 498.105358 feet Adr, - Iv n,,A,-,A ,. • . . Street will be required. This will require the applicant to extend the sewer line from its terminus at the intersection of Piilani Street and Manono Street to the subject property, which will require a County Council Resolution and the applicant to complete a Sewer Extension Application. In addition, if required by the Director of DEM, the applicant shall conduct a sewer study prior to connection to the County sewer system. Additionally, the applicant shall provide 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. Finally, DEM indicated that Discharge of unpolluted water into County sewers is prohibited by Section 21-8, Hawai`i County Code. 31. Solid Waste: There are no municipal waste collection services in the County. All solid waste generated by the development will require private disposal at the Hilo landfill or other designated landfill sites as required by the County. 32. Essential Utilities and Services: Electricity, cable and telephone services can be made available to the site. County Police, fire and medical services are available to the property in Hilo. AGENCY COMMENTS 33. Department of Public Works-Engineering Division: (Planning Department Exhibit 5 -June 27, 2018 memo and July 25, 2019 email from Robyn Matsumoto.) 34. Department of Water Supply: (Planning Department Exhibit 6 - June 14, 2018 memo.) 35. Department of Environmental Management-Wastewater Division: (Planning Department Exhibit 7 - June 25, 2018 memo.) 36. Fire Department: (Planning Department Exhibit 8 -June 8, 2018 memo.) 37. State Department of Health: (Planning Department Exhibit 9 - June 27, 2018 memo.) 38. State Office of Planning: (Planning Department Exhibit 10 - June 27, 2018 memo.) 39. Department of Land and Natural Resources - Commission on Water Resources Management: (Planning Department Exhibit 11 —July 11, 2018 email.) -11- AGENCIES—NO COMMENTS/CONCERNS 40. Department of Environmental Management- Solid Waste Division, Police Department and Department of Land and Natural Resources - Land Division. AGENCIES-NO RESPONSE 41. Department of Public Works-Building Division, County Real Property Tax Office, and Department of Land and Natural Resources - State Historic Preservation Division. PUBLIC COMMENTS 42. Planning Department Exhibit 12 - June 11, 2018 letter of opposition from Dr.A.A. Camblor, O.D. APPLICANT'S RESPONSE TO AGENCY AND PUBLIC COMMENTS 43. The applicant has submitted letters responding to comments from governmental agencies (Planning Department Exhibit 13 -Letter dated July 6, 2018 and Planning Department Exhibit 14 -Letter dated July 10, 2018) 44. The applicant has submitted a letter responding to comments from Dr. A.A. Camblor, O.D. (Planning Department Exhibit 15 - Letter dated July 10, 2018) -12- A ' ' 1CAT1 SINS ' ZSMNG TIME EXTENSI O N ( 0 ' I ANC 1, N I . 92 122) REVOCA ISN F' S ' ,CIAI. MANAGEMENT A '4 k .A PE i'a IT 334 (S \ A92 3) SPECIAL MALTA( N EMEND' A i' EA PEP " IT aiakea, South Hilo, away i T \ m (3) 2-2-033:233: 011 Prepared For: Plglanl Partners, LLC Prepared By: id icy Mo Fuke, Planning Consultant May 2018 Planning pept. Exhibit \) SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION r=� COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) C 1 � F APPLICANT: Pillani Partners,LLC ,,-1 .J APPLICANT'S SIGNATURE. DATE: 5/, / r + =-63-1 —a 5 ADDRESS: 2571 Lemon Road,Honolulu,HI 96815 LIST APPLICANT'S INTEREST IF NOT OWNER: Purchase and Sales Agreement LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: Fumiyo Okuda (Owner's Representative); Johnny Fu (Manager of Managed LLC) PHONE:(Bus.) (808) 926-0123 (Res.) (Fax) LANDOWNER(S): Matsuno Enterprises,Ltd. LANDOWNER SIGNATURE(S): See attached letter DATE: (May be by letter) LANDOWNER(S)ADDRESS: P.O. Box 366 Hilo,HI 96721-0366 REQUEST: Proposed Potable Well and Water Bottling Facility and related improvements TAX MAP KEY: 2-2-033: 011 ZONING: ML-20 SIZE OF PROPERTY OR AFFECTED AREA(S): 112,000 square feet or 2.571+acres AGENT: Sidney Fuke,Planning Consultant ADDRESS: 100 Pauahi Street,Suite 212 Hilo,HI 9672 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Piilani Partners, LLC Si e k '4 L TO WHOM IT MAY CONCERN: Please be informed that as landowner of a property identified by TMK: 2-2-033: 011,we have no objections to and consent to the revocation of SMA Permit 334(SMA 92 3) and filing of the following applications by Piilani Partners,LLC: a. SMA application for a proposed water well and bottling facility; b. Time extension and related amendments to Ordinance No.92 122; and c. Related construction permits for the water well and bottling facility. S wit (Sid.'atur- (Date) Stephen N.Ueda,Pres. &CEO (Name/Position) FOR: Matsuno Enterprises,Ltd. 333 Kilauea Avenue Suite 202,Hilo,HI 96720; P.O.Box 366,Hilo,HI 96721; Ph:(808)935-8511 REZONING TIME EXTENSION (ORD. NO. 92 122) SPECIAL MANAGEMENT AREA APPLICATION REVOCATION OF SMA PERMIT 334 (SMA 92-3) PROPOSED WATER BOTTLING PLANT PIILANI PARTNERS, LLC WAIAKEA, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-033:011 I. INTRODUCTION Piilani Partners, LLC ("applicant") is requesting a Special Management Area ("SMA") permit to allow the establishment of a potable water bottling plant on the subject property. The subject property, consisting of 2.57 acres or 112,000 square feet, is situated on the northeastern corner of Piilani Street and the unimproved extension of Mililani Street. (Figures 1 and 2) There was a SMA Permit No. 334 (SMA 92-3) approved by the Planning Commission on August 20, 1992 for the construction of a warehouse, fish processing plant, accessory office building, parking, and related improvements. Inasmuch as that project has since been abandoned, this Permit is also being proposed to be revoked. Finally, the subject parcel was rezoned into the Limited Industrial (ML-20) district on November 20, 1992 (Ordinance No. 92 122). (Exhibit A) There were several time sensitive conditions which were not fulfilled. As such, pertinent extension and/or modification of these conditions are being requested, as described below. II. PROJECT LOCATION As noted above, the subject site is located on the north side of Piilani Street, at the end of Mililani Street. The future northerly extension of Mililani Street forms the property's western boundary. (Figures 1 and 2) There is a commercial complex, which includes a restaurant and a convenient store, situated at the southwestern intersection of Manono Street and Piilani Street. The subject site is located diagonally across of this complex. The County's Hoolulu Park complex is located at the northeastern intersection of Manono Street and Piilani Street. The State Wailoa Park is located generally west of the subject site. 1 COM' Historical T.po Map 2013 1 feateatoin : Y Bay l� i fi Pithi 3T" _ t. Ohio Bay Ra: l'tlij }[+?) Fier Pier t•tumberTwo 2 ULAN F1 Num6er Three f Kiahii3 Hilo tt;rdia _: T Kaula`inaiwi Island • C,. Thuj harbor Tray f'_�... ` `t p • _.- COCOnCIt ..._ Orf E PV£ - p°��® G ,�� • Liti'uc&akani island Bakers R POS ,-- o t.' Gardens }itltt'[t in n Beach f �Pi31P� Golf p t P y to ib7(rl ttOltt _ Courser PYm�caoku �! g \ t i } ; Mokupane Point \ �{�-- Wail aria% t� Reeds °.„------ 1 r' r' ti �;-�0• Coconut Point j` ,; rl WaiakeaYb t�ctt; ' _-''\ _ rF _:.,-..--7..";::=%49:154-4(,�Aa` ;:; / 1 Peninsula i R fit, r� / .,4 {\ SUBJECT SITE `__.__ -' w.,,'e :It-a N; f°, `;1,-„,',-,,„_ '4lk-y ,. ,> r Pte?:rl / . • j t t/ IN,. „r"i '�MEyq'AyE rr r .«� 11 i ✓' ...— ._ 'KAMEHAMTA A�� // . i t . +a; 7/ t -- HILO1..,-,i----,11%:o I• 19 .. H KUA.A Sr- t_ i --- /- - - -, - - --- - l._ 'p 1"--- �.., � / 1 O I .`Veterans0\ ?X \\ ,N"..\ '",:la •pPJ,t9G �, --' giUi2kinia, :S! I x S1 f..;_ �J / _ /' Cem L. ,, \q '' AA.IP:r , x `•icy 1 Pond .,I - @ -.-;` i ` / /r \'. Haiti❑ ) \ 0Chm et- ..�'' ''-)X7' . '\<,>, i ¢ 25 f /. yr^ r" t -" P '"a, t j Y t., p i % _ _ ��,ACESS RD gressional Cem i} �cf �R� ti• bl'ctitiki:tJ( ; p rr /% ,-✓ 1• 1� v q'�J% p�,.�_, ' Pond a, 1 PuLArn Sr 1..._ -11 Qto�.. / .- P�t\ I i ( \.,,C'/ ( } - i'IOhouli a! 1 4 I 11 // f,: 'AG,.,_..�,,,t,; t t Pond i t t) 1r r �/i ,. ,�` N=:� ��,5�y;i j'\s. �'r .. �� Waiakea i_, 1 t {t l//f,"`"ri . .JP-0- �9,,;,,- N 4JS l - S is-o �Qa 51), ,�F,) doily{ C11tvJ1.i , ,LLA O ' I II. „•,. . t,..4' ,, \,,9,o'`, F-.-' •vM "\\k:,i , V SS z 1 t { i gg ST ' \ ,�: r-` a,A Ys� ,OC\„,” 1, ; '' .. .,KORO'' 1 i 1 i 0 '{ , f la,- , %;•,_• I) �' 1+ t -.c KAWILr:sr E c 4 3 ylr. \ t io i %��O y j' ""v _' .. 0,, \ ,,�' y , 1- /'HALEKAUILA Sr'o eI 0 ( \,•- `,i \ Hawaii.Community �5 :: ;_?i.i4 -- r _ , . c \sem $ ,,:t, ,Ph r Y i O m ,. _ ,15 i \ .,�_._• i "e, • coli , ' L_:.: ILA ST -_.._ '' jt 113:. +7 1',_.._., N SIi-- _ .� t No • } . 1�_„"r Pea. I , .� ---,.'„,i':410,.STI I - i 18 *. J 11 1, .,n__-I-- ..,._-__.- /.------,\\ ,, .) , i �^' ` 1 x E MAKAALA ST 1 .- Pv Camp Two t i _ \\i Ii l o ` ',.__J--) ml <tr - 1�� '2 �� e7kc,a t a yrr�s arr ' 3 I x� I o t �'3 tr -t d f ' l y{ _ y !`T l "'I E •PUAINAKO S7 t i - -' ' 1 II - I-1 _ } T`- R1'PM _ ,__ Lt�s.,-- j � a \tS • .... _ T, Fittna• Aa e ;! i t,.._-.--,1-7,--,..0.10.s,1..,.„,� � n.;--- ,z'e•l 2000 y: f '. I 1 f i s 41 a This report includes information from the I I I I following map sheet(s). ' 0 Miles 0.25 0.5 1 1.5 NW N NE tc. TP,Hilo,2013,7.5-minute SITE NAME: 525 Piilani Street ADDRESS: 525 Piilani Street Hilo,HI 96720 W 'E _ . _ Figure 1 SW S SE 5207731 - 4 page 5 • ! • 2 2 33 ccr',r.,En W.4/LOA aCC/VER Ifo le:9]9 . II °9�'a'• 'r, 1, 8 / ' S ( 1 F kn'1°ym° ( ,/ PLAT 3Z -e 'YB133D. _� - 'Ff^.-..n ...iJI�•,..�—_—�.. w uo 4Y)11950 i i' KAWELOLANI r-1 -ITR EET . sr v-I.�SY L)ZS 1159 .,' .. � r1- .... ...lil Yol4o : �_ ff Y :ll .e! c9.aoE i/ 7 It oh" zaoe�Eyl 2 � I r I cc—a'',of fi,m10 '• '.� % lett: Z4 6r. v 9 7 B / �.... a. • I B.P.tlla/rop Ca}. —' Cee•G.=F _ ;;;;7 ryv°I) O..✓..:.n fi.n-rv..d•[Pd.,. '� I, Gre. /1940:2 _ W 4 q,51m r I _ tip d Q• i • W a4i>ieii ' HOOL(3 LPA. Y Ai]lul h /VEffILANIr.°IV9ST(!C7. 7>nlelyelf Nr1-� .2 01 .... •^ u fuoa.ute'PQMU� 6. le ewee f eery n.i 0,1.141” n en.. ? ti.rpe.,r1 v °r LIU 2 .d� e..oaa;; e C .04,6,err_ ,.....)1 O C17) /�` ----- --- I, ,� = Z v o ¢ 4 LU 4 (3i,a e 8 ,a 9 ”;.:Z.6'4,...:", .-e I..I Ic) .. .i :XL", ! a.....1/1 /148, oa 1 ° 6,,64,9E P//LAND 5T/2CET 14 _././,, ... is I.. . .:, r '. .71:..::C_K M.'f/C.�. 'ii •vi FLAT 35 viA PLAT u 34 J ,•k4 • 2 a �, 2 e v:'1 T a Prrc/0./d? d:/os,35 h k!q I 7H I RDS'DIVISIONS Z ZONE SCC, PLAT 33 0©h el 1.1 J,•1 Ne"h;:'!;I.1.'I CO AIm�•e'PAR LS .S'OBJLC7'TO(./Jo..J7: _ seals:I;na.100 44. 911; PROJECT DESCRIPTION A. Project Concept According to the applicant's hydrological consultant, Tom Nance Water Engineering, the State conducted a drilling project in this general area in 1993-94. In one of those boreholes, the strata through the first nine hundred twenty (920) feet was identified as coming from Mauna Loa. Below that was a 100-foot thick soil layer, "which was identified as the contact surface between Mauna Loa and Mauna Kea lavas" and thus functioned as a "confining member for fresh artesian water in the underlying Mauna Kea lavas." The applicant hopes to capture this potential fresh artesian water and develop a potable water bottling processing facility and related improvements on the subject site. In terms of production and sales of the proposed beverage(s), they would function no differently than other water bottling plants. The bottled beverages would be produced, stored, and then distributed to various local and non-local markets. It should be noted that an exploratory and development well permit will be applied for subsequent to the hopeful approvals of the SMA Permit and amendments to the rezoning ordinance. B. Proiect Components As such, the preliminary design would be patterned after that study. According to Tom Nance Water Engineering, "a 12-inch borehole would be drilled to an estimated 1,050-foot depth, hopefully to encounter the same fresh groundwater" found in the State's drilling project. If so, "The fresh artesian zone would be isolated using an inflatable packer and then tested for the borehole's potential yield and water quality. If theresults are positive, the well would be completed for production. "This would consist of reaming the 12-inch borehole to 19 inches, installing 12-inch diameter stainless steel solid and louvered casing, and cementing the annular space so that the well draws water exclusively from the fresh artesian zone at depth." (Figure 3) 2 18-22 PROPOSED WELL SECTION (Please attachlschematrcif different from diagram provided below. Also,if this proposed well is a dug well,attach a grading plan with cross section profiles showing eKisfing and finished grades) I Hole Diameter: 19 in. IElevation at top of casing 16 ft.,ms ' q Minimum of 2'Radius&4"Thick Concrete Pad(to contain benchmark —Ii 1 surveyed to nearest 0.01 ft.) ,,,,r.,,--:i ;`•a t` Ground Elevation: 14 ft.,ms I' rias, € "l 1015 Please refer to the • Cement Grout: ft. L:i ' HAWAII'WELL.CONSTRUCTION AND (min.70%of distance from 1: PUMP INSTALLATION STANDARDS 'f ground elevation to top of F`•',. a to ensure that your as-built is in compliance with [ • water surface or 500 ft., .:vi f e whichever is less.) - % applicable standards. i ^I Grouting method: i Annular space between hole 1 t i•:f. _.; .v 1 Solid Casing:(_90%x(Ground Elev.-Water Level Elev.)) and casing(1.5"far positive l`'. � 1020 0 Positive1'ia Total Length: ft. displacement,3"for other displacement methods): :. Nominal Diameter. 12 in. 0 Other : >I Wall Thickness: 0.25 in. 3 in. :.I •'. • 1 Bottom Elevation: -1006 ft.,nisi' Rock or Gravel Packing: �� • 6..' m , I Total Depth None ft `,.. ('Lv Open Casing: la Perforated 0 Screen , , 1 050 ft Material: I Crushed Basalt �. j Total Length: 20 ft. • ❑Rounded Gravel IR 1„ Nominal Diameter: 12 n. `{-,� `'{ watt Thickness: 0.25 in. Estimated Water Level c`1 Bottom Elzvation: -1026 ft.,msC Elevation: o 15 �(( note: Neither bentonite nor mud should be used in ft.msl' saturated zone during drilling i .I Open Hole: Length: 10 ft. Diameter: 19 in. e Bottom Elevation: -1036 ft..msr •The approximate elevation must be referenced to mean sea level(wel) at the time of application filing. Final elevations of well components shall be submitted in the Well Completion/Well Abandonment reports and _ referenced to a benchmark which has been established by a surveyor licensed by the State. For non-salt water Basal Wells-bottom elevation of well should not be deeper than 1/4 of aquifer thickness or, Bottom Elevation of Well Limit=(Water Elevation-41`V'ar''r!.reel FI'veeco ) I Example: Estimated*2 ft.Mater Level Elev. ---0 Bottom Elevationof Well Limit=(2- II'=',(21 ) =-19.5 R. Note: Unless a variance is requested and approved,if the well is greater than'/.of the theoretical aquifer thickness,the well may have to be backfilled to bring the depth into compliance. Solid Casing Material: Carbon Steel:compliant with(check one or more):f;i 0 ANSI/AWWA C200 0 API Spec.5L ❑ASTM A53 0 ASTM A139 And compliant with(check one or more): 0 ASTM A242(or A506) 0 Type E ❑Type S 0 Grade B ❑Other Stainless Steel:(check one): 9 ASTM A409(production:yells) 0 ASTM A312(monitor wells) ABS Plastic conforming to ASTM F480 and ASTM D1527:(check one) 0 Schedule 40 0 Schedule 60 PVC Plastic conforming to ASTM F480 and(ASTM Dl 785 or ASTM D2241):(check one): 0 Schedule 40 0 Schedule 80 D Schedule 120 i Thermoset Plastic:(check one) 0 Filament Wound Resin Pipe conforming to ASTM D2996 ❑Centrifugally Cast Resin Pipe conforming to ASTM 02997 ❑Reinforced Plastic Mortar Pressure Pipe conforming to ASTM D3517 ' 0 Glass Fiber Reinforced Resin Pressure Pipe conforming to AWWA C950 1 - ❑PTFE Fluorocarbon Tubing conforming to ASTM D3298 0 FEP Fluorocarbon Tubing conforming to ASTM D3296 Open Casing Material: Carbon Steel:compliant with(check one or more):iii 0 ANSI/Al./WA C200 0 API Spec.5L 0 ASTM A53 0 ASTM A139 And compliant with(check one or more): 0 ASTM A242(or A505) 0 Type E 0 Type S 0 Grade B 0 Other Stainless Steel:(check one): B ASTM A409(production wells) 0 ASTM A312(monitor wells) ABS Plastic conforming to ASTM F480 and ASTM D1527:(check one) 0 Schedule 40 0 Schedule 80 PVC Plastic conforming to ASTM F480 and(ASTM D1785 or ASTM D2241):(check one): 0 Schedule 40 0 Schedule 80 0 Schedule 120 Thermoset Plastic:(check one) 0 Filament Wound Resin Pipe conforming to ASTM D2996 ❑Centrifugally Cast Resin Pipe conforming to ASTM 02997 ❑Reinforced Plastic Mortar Pressure Pipe conforming to ASTM D3517 ❑Glass Fiber Reinforced Resin Pressure Pipe conforming to AWWA C950 • ❑PTFE Fluorocarbon Tubing conforming to ASTM D3296 • - ❑FEP Fluorocarbon Tubing conforming to ASTM D3296 Figure 3 WCPI Application Form 1/26/2018 Given the artesian pressure, the well is expected to be free flowing. However, if insufficient, a pump would be installed to provide the required flow rate for the bottling plant. The consultant noted further that "Supply of this water for the proposed bottling plant would have no impact on existing groundwater uses, none of which tap into this previously unknown fresh artesian water at depth." As depicted in Figure 4, when fully developed, the bottle processing facility will consist of the supply well; two (2) 100,000+/- gallon storage tanks that would be less than twenty (20) feet in height; and, if needed, a booster pump station. There will also be a 1,500+ square foot bottling plant and warehouse structure and a 560+ square foot office building. (Figure 5) Both structures would be less than twenty (20) feet tall. (Figure 6). A preliminary floor plan is depicted in Figure 7. Access would be from Piilani Street. Areas for employee parking, loading and unloading areas, and so forth will be provided, consistent with the County's Zoning Code. As shown on the preliminary site plan (Figure 5), at least twelve (12) parking stalls with one (1) loading zone would be provided. C. Project Timetable and Cost The applicant intends to submit well construction permits to the State Commission on Water Resource Management immediately upon approval of the requests. The exploratory permitting and well development process should take approximately three (3) months. Pending confirmation of the quality and quantity of the water, the well could be outfitted and operational within an aggregate twelve (12) month period. As the well is being developed for production, the applicant intends to secure the necessary construction permits and construct the office and warehouse buildings. The applicant hopes to get the project completed within two (2) years of securing all appropriate approvals. The estimated construction cost associated with the project is $2.5 million. 3 • I TG PL NORTH I AND BOTWAREHOUSE LINANT OFFICE BLDG I OP" 40' 20' 9 z-O' 80' I I- H H H f _H I I I I BOOSTER PUMP I x --x -c_ x -- STrTION I _ 4! I 1 a I STORAGE TANKS / , . • , .._ { I I SUPPLY WELL 1. K I 1 i z � � 1 M I _ a __ __ PIILAMI STREET SUPPLY WELL AND WATER BOTTLING PLANT ON TMK:2-2-033:011 IN HILO, HAWAII I I • • Tra4 PIILANI ' -"' s��_ ;PARTNERS LLC 1 In.=30 Fl. T f • i 15188' 1,52 5.50' 1.00 • ---,1501' 2000' 10.00' 41.50' 18.00' 26.50' •I ZT:111 Ir1`.a S MCLo VENTS p „ 'C' Locntla01 • el UJ . °FSO FT? 4 r ILI V� g,s g I 8 , F- •CC LOT A g1 9W, 2 ---C- , ,s 11 in 8 11,"132 50.FT g 5 ♦�'�- 9 S 5 Ts - TMK: 2-2-053:011 s b Q ¢ • ZONING: ML-20 N'� e 8 ; = I p"ppix3 1 S § 1a - AV 3^ m� v1Y.PGL. I 3 - I.I 120.N .ncLocLomvM,-E_ 71 I+ 311A 229'm' 373'224, . 25m�VI� R•25m —15 E6.'-tI-rQ.�`1L`N.G_ _. �+'' �,�•--,n_......._R= �••• /isro ____.._ \JI 51DQ4 -- U V�J ' 10.�_-500 ,r— 1\ . 25.00 Y 451 N eb n1 E •obawi e --LOT G PROPOSED EXTENSION OF LOT 0-- NISLAI'• To u:ruAruon sr.—_ J. 134 SQ,PT. I34 .FT. _ MILILANI STREET .,.. ...... ynthvax. DATE Dfsce,Pnon PROJECT 1' • IMPORVEMENTS AT TMK:2-2-033:011 ZONING:ML-2O PARKING REQUIREMENT ML ZONING: LOADING ZONE REQUIREMENT: _ XI'-' ! 525 PII�II STREET • FRONT YARD SETBACK.15 FT(PIILANI 2 AIILILAIS ST) I STALL 5400 SD FT BLDG AREA FLOOR AREA 5,000.18000 SO FT.11°Aml.SPACE - P',`E 1 HIL0,III55220 SIDE YARD SETBACK SET REQUIRE°PARKING•2.0811J 400=6 STALLS - INSIST 511500 50 01 LM0051S11ES(PLANNING RULE 12) REQUIRED ACCESSIBLE PARKING.1 0A ACCESSIBLE LOADING ZONE DIMENSIONS: •1 LOADING REQUIRED ANO GROSS AREA•5,000 50 FT ;WAIAKEA,SOUTH HILO,ISLAND DF HAWAII' BUILDING AREA. 511NI1.WM PARKING DEMONS. •MIN.LOADING ZONE=10-0'.22-00 INK 2.2.000:011 WAREHOUSE‘50'030'=1.00050 FT •MIN,STANDARD S1ALL SIZE=8',6'018-0' •LARGER LOADING ZONE(OPTIONJAL)-17-0.0511-0' OFFICE=28020=500SCI FT •MIN.VAN ACCESSIBLE STALL.O'-0'218'-0' SHEET n511 f TOTAL BUILDING AREA.2,080 SO FT •MIN.ACCESS AISLE=8'-0'018'-0' - LQADING ZONE PROVIDED, •I.LOADING ZONE.2I-0•x 51Y-0' SITE PLAN BUILDING REQUIREMENTS: 000V1002 PANNING. ° MU.BUILDING HEIGHT.55'-0” •12 STANDARD STALLS . MIN.DISTANCE BETWEEN BUILDINGS•15•-0' •1 01N ACCESSIBLE STALL •1 ACCESS AISLE L jJGDODIBRE0CR =- 2020000.00 51515 • SITE PLANA1.1 , • SCALE:I IN..30FT. 054 505.30 n, TATE APRZ018 STIES' - OF - ) . • • - - _- —� • P||LAN| LLCPARTNERS, r— -- � > --- , | , - SIDE/WEST SIDE EAST • | / �| ]i|!} j� i[] iU(!1|1W1114|i1i1.1|ii|H]. iX!��j|! � == | ' _ . • | -- — � U (, | � . . REAR/NORTH FRONT/SOUTH EXTERIOR WAREHOUSE ELEVATIONS SCALE, "~" CU • . . • . . . ��" :— � ; '!|.�'�' || {| '------ --' ;__ � Ili 1!1 ||| l|. 1|U![U|l ' __' _ • _ _ ] �11111 �°"� IMponvEmswra*T Twxx*n33:m1 SIDE'WEST SD /EAST �=�STREET =^"°= > =°�,��=��' ` ho ~�~u. ` . EXTERIOR ELEVATIONSE s ! i --~--'--- ` ~ ~�~��~�EM JOE� • == == REAR I NORTH FRONT/SOUTH '-- A2.2 EXTERIOR OFFICE ELEVATIONS ' ^ -. /"=" =° " " . .� �� • I . ' . . ... . . .._ ... -- ' .. . .... . .....--...... ....... . .. .., _ . ... . 5-II, i / Co „ a?-0 „ L------.T PULANI PARTNERS, LLC \ ' Uri.% ' • ' , . • - , i . , • . . I) , 14 l'^---ROLL uPpooa 4 . N N . 11 . , ROLL IIP DOOR 1 , -1 .. 15.0. , ...,..0. , no . 3,9' /7-11. WAREHOUSE FLOOR PLAN . . `44 - 5.4.FY4 In=I TT , Re, /• I. Orir . . 1 , .— 1 4 . . PROJECt 5 L: . 1 , IMPORVEMENTS AT , 7_, : TMK:2-2-033:011 . ' :25 PEANi SIFIFET Nitio,MI96170 one 'WARKEk.,P.UTH HILO.ISLAND 0,Howell UNISEX . - UV 2...24.10:Di t -.FIES1110010, 0. . sill.,“Ina . : FLOOR PLAN .-....-...::;..• . •—•-- — • , . H. ,- I r r • , r • 'XIII NO.•_ P.44.4 li..11,1t '. ,Om. • A2.1 • OFFICE FLOOR PLAN ( 5,.......%IN W.OFT StUN II.P nor AFF1.2010 5nW . or • — — inn. --.................... - ,..,,....,...........--......,,,.”.,-..........„...............„.................... ,..,....- .... . . . .. • .. .... - . - . . . . . . . IV. NATURE OF REQUESTS To implement this water bottling facility project, several land use entitlements must take place. These are: a. Revocation of SMA Permit No. 334 (SMA 92-3). This Permit is no longer applicable, as it was for the construction of a warehouse and fish processing facility. b. Issuance of a new SMA permit for the proposed water well and bottling facility; and c. Amending pertinent time performance conditions of Ord. No. 92 122. Specifically, the conditions requiring amendment include securing final Plan Approval within a year of the lots being consolidated (Condition C) and commencement and completion of construction (Condition D) within one year of receipt of Final Plan Approval. These will be discussed in detail in Chapter IX. V. ENVIRONMENTAL CONSIDE -TIONS A. General Description As noted earlier, the site of the proposed uses fronts the north side of Piilani Street and the proposed extension of Mililani Street. It is approximately six hundred (600) feet east of the Wailoa State Park and two hundred (200) feet west of the intersection of Manono,and Piilani Streets. There was a warehouse structure that has since been demolished. The site is currently vacant of any structures or uses, although there is some abandoned trash and tires. The fairly level site is situated approximately eleven (11) to thirteen (13) feet above mean sea level. The 2.57+ acre site is rectangular in shape, with a width of two hundred (200) feet and a depth of five hundred sixty (560 feet. ) According to the State Commission on Water Resource Management, the nearest rain gauge in this area is the Hilo Airport. The rainfall data of this gauge notes that over the past 37 years, the annual median rainfall for this area was 131.1 inches. The wetter months tend to occur between October through April. The average daily temperature ranges from a minimum of 61 degrees to a maximum of 79 degrees Fahrenheit. Wind patterns are generally trade winds (easterly) during the day and westerly or mountain winds during the evenings. 4 The prevailing wind patterns in the area are often light and variable, dominated by trade winds (easterly) during the day and westerly or mountain winds during the evenings. B. Potential Ground Contamination Inasmuch as the project is for the purpose of developing a potable water bottling facility, a Phase 1 Environmental Site Assessment ("ESA") was conducted of the subject site on March 2018 by Lehua Environmental Inc. to investigate any potential ground contaminants. (Appendix B) The assessment thus was to "evaluate existing conditions, investigate the environmental history, and identify the presence of recognized environmental conditions (REC) within and around the site. REC is defined as "a past release of any hazardous substance or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted residential use criteria established by a regulatory authority, without subjecting the property to any required controls."(ASTM 2013). Although abandoned tires and trash were observed on the site, the assessment concluded that there was no evidence of"historical or current recognized environmental condition (REC)" on the site. C. Groundwater Resources According to the ESA, the groundwater resource in this area is part of the "Northeast Mauna Loa aquifer system of the Hilo aquifer system." The ESA went on to further note that, based on a 1990 report done by Mink and Lau, the site is located above an aquifer that is basal ("fresh water in contact with salt water), unconfined ("where the water table is the upper surface of saturated aquifer"), and composed of horizontally extensive geological units. This aquifer, according ESA's reference to Mink and Lau, was described as being "currently used as a drinking water source", "fresh", "irreplaceable", and "highly vulnerable to contamination." The State Department of Health established the Underground Injection Control ("UIC") line to protect groundwater resources. Those areas mauka of the line is considered potential drinking water source, where injection wells are prohibited. The area makai is considered non-potable and saline. In this case, the subject site is located makai of the UIC line. 5 Notwithstanding the above, the applicant plans to penetrate the basal aquifer and drill at least one thousand (1,000) feet below mean sea level to hopefully reach its "artesian"water source. D. Soils The Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating designates this site as Keaukaha Series (rKFD), which is extremely rocky muck; well-drained thin organic soils overlying pahoehoe lava rock. The runoff is medium and the erosion hazard is slight. Being within an urban area, the project site is unclassified under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. This classification does not recognize this site as being agriculturally important. E. Coastal Resources The subject area is located less than a quarter mile from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site may be of concern. In this case, the applicant will connect to the County's 8-inch sewer which ends at Mililani Street. Thus, normal wastewater discharge issues associated with the project should not be significant, if at all. Further, being a non-coastal property, lateral and mauka-makai coastal access should not be an issue. In terms of groundwater resources, please refer to the discussion in Section C above relating to groundwater. F. Flora and Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. A casual visual observation of the site indicates the presence of some alien tree species. These include the bingabing (Macaranga mappa), tropical ash (fraxinus uhdei), and banyan (Ficus banghalensis) trees, areca palms (Areca catechu), and various grasses and vines. All of these vegetation are common and not considered rare or endemic. As such, the floral impacts should be minimal. 6 Introduced bird species (such as dove, Japanese White-eye, house finch, myna) are common in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. These are all common and not endangered. As with the rest of the island, it is possible that a small number of endangered endemic birds like the Hawaiian Petrel and Newell's Shearwater would fly over the property between the months of May through November. Further, it may be possible to find the Hawaiian Hawk l'o) and the Hawaiian Owl (Pueo) foraging in this general area. Nesting, however, generally occurs more in the upland. Further, the disturbed and rural nature of the surrounding areas would make it less likely to find endangered animal life in the area. In conjunction with a similar coastal property along the Keaukaha coast of the City of Hilo, a floral assessment prepared in 2015 by Geometrician Associates offered several recommendations to address these potential. These included: ® Relative to the Hawaiian hoary bats, "trees taller than 15 feet should not be removed or trimmed during the bat birthing and pup rearing season (June 1 through September 15) to the extent practical. Relative to the Hawaiian Hawk, avoid "earthmoving or tree • cutting during the breeding season for Hawaiian Hawks (March through September). The alternative would be to have a qualified botanist conduct a hawk nest search. If this time period cannot be avoided, arrange for a hawk nest search by a qualified biologist; and if a nest is found, then, clearing activity should cease or not commence until the end of the breeding season. ® Finally relative to the Hawaiian Petrels or Newell's Shearwaters, "no construction or unshielded equipment maintenance lighting after dark between the months of April and October." If necessary, the applicant can adhere to those recommendations. As such, it does not appear that the proposed bottling plant would have any significantly negative impact on the floral and faunal resources in the area. 7 G. Archaeological Resources An archaeological inventory survey of the entire 2.0+ acre site was conducted by Haun and Associates in May 2018. (Exhibit C) The survey identified one (1) archaeological site and four (4) displaced isolated objects. The site consisted of concrete platform, and the isolated objects were a concrete post, a metal gear and axle, and two (2) concrete platforms. These sites appeared to be remnants of a former warehouse that was removed and/or demolished. All sites have been deemed significant for their information content only. Further, because the sites have been adequately mapped and documented, no further work was recommended. It should be noted that while the substance and conclusion of the survey report is on point, its designation as "INTERNAL DRAFT" is due to the "temporary" site number. A permanent site number will be assigned by SHPD after May 21 according to the archaeologist. Notwithstanding the absence of any known significant archaeological features on the subject property, should there be inadvertent discoveries during the construction of this project, work will stop and contacts with the County Planning Department and State Historic Preservation Division will be made. H. Valued Cultural Resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditionalTonal and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent to the shoreline. As such, normal fishing and coastal access should not be an issue. Furthermore, as noted earlier, the requested area has been entirely cleared of its native vegetation in the past. To date, neither the applicant nor the landowner has observed native Hawaiians or others using the subject site for the purpose of plant gathering or exercising their religious or cultural beliefs. Additionally, no such requests of the applicant or landowner have been made to date. • 8 r Accordingly, it would appear very unlikely that the site serves as a place for worship or plant/food gathering for native Hawaiians today and/or in the recent past. Given the above, it can be reasonably concluded that the project and this site should have no significantly adverse impact affecting native Hawaiian cultural and historical resources and/or practices which cannot be reasonably mitigated. 1. natural Hazards 1. Volcanic and Earthquake Hazards , The United States Geological Survey (USGS) classifies the entire City of Hilo as being within Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 to 1. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, the applicant understands and accepts that there will be added structural requirements to address this seismic hazard during the conversion process. 2. Tsunami Hazard Inasmuch as the site is situated less than a mile from the ocean, it is located within of the Civil Defense's Tsunami Evacuation Zone. Thus, people within this area must evacuate the site when the Civil Defense issues a warning. Aside from locally generated tsunami, which would regrettably affect similar properties, including residential uses, there should be ample time for evacuation. The applicant intends to inform its employees of this hazard and post appropriate tsunami evacuation routes within the office and warehouse building. 3. Drainage The Federal Flood Insurance Rate Map (FIRM) identifies the site to be in Zone X (areas outside of 500-year flood). (Exhibit D) There are no drainage ways through the site. Accordingly, the site has not and should not be subject to flooding. 9 As there will be an added level of impervious surface resulting from the proposed development, there may be an issue relating to potential increased run-off. In that event, drywell(s) or similar type of accommodations will be implemented, subject tothe review and approval of the Department of Public Works and State Department of Health via the Underground Injection Control (UIC) permit process. Thus, with the proposed on-site drainage improvements, all potential drainage and/or flooding issues could be reasonably addressed and mitigated. VI. LAND USE AND OTHER CONSIDERATIONS A. Noise, Air Quality, and Dust During the construction of this project, there will be construction noise. Contractors will be required to comply and observe the State Department of Health's noise standards. When completed, there will also be noise associated with modest traffic and the operation of the complex. The nearest residences are less than 300 feet away. Mitigation such as sound attenuation structural measures, and limiting hours of operation to day light hours can be taken, if necessary The air quality in this area should not be materially affected by this project. The project itself should generate little air emission, except for the fuel required for the operation of the pump for the water well. There will also be some measure of impact resulting from the additional vehicles coming to and from the site. With higher EPA standards for vehicular air emission plus the need to comply with appropriate Department of Health Air Quality standards, the impact to the ambient air quality should not be significant. All of the required parking area within the project site will be paved with an all-weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, with the exception of minimal construction dust in the beginning, long term dust generated by the project should be insignificant. During the construction phase, appropriate measures for dust control and pursuant to Department of Health requirements, will be taken by the contractor(s). 10 B. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or • areas listed as scenic resources. The subject site is not listed as a scenic site. However, Mauna Kea and Mauna Loa are listed as scenic resources. The proposed development would not have any visual impacts on either of those mountains, particularly from Manono and Piilani Streets. The location of and structures on the site are such that there will be no interruptions to these views. The proposed structures will be comparable to a standard single-story residence. Thus, there should be little, if any, visual impacts resulting from this project. C. Socio-Economic Impacts The proposed project would have some measure of economic impact by the number of additional direct and indirect jobs created. Upon full build out, the project is anticipated to directly create approximately ten (8) full time and five (5) part-time jobs. Using a multiplier of .25 of newly created jobs, the project may indirectly generate an additional two (2)jobs in the broader community. There would also be public fiscal impacts as well. There would be additional real property tax revenues accruing to the County, while there would be State business tax revenues. D. Agricultural Impacts Given the site's Industrial designations on both the County General Plan and zoning map, agricultural use of the site has been abandoned from a public policy perspective. Notwithstanding the above, the site has not been used agriculturally in the recent past and, given the urban setting, unlikely in the very near future. VII. INFRASTRUCTURE CONSIDERATIONS A. Water The site currently would have access to an 8-inch line fronting Piilani Street. This line would be extended to the subject site. It should be noted that the potable water use will be limited to essentially the 11 wastewater requirements for the office and some general cleaning. The projected amount should not exceed two (2) units of water. The 8-inch line, plus whatever can be provided by the applicant's project itself, should be sufficient for the project. If additional water is needed to address Fire Code requirements, it can and will be addressed during the building permit process. In that regard, this can be accommodated through sprinklers, fire hydrant, on site storage tank, and other measures. D. Wastewater As noted earlier, the project would connect to the County sewer line. The 8-inch line at the end of Mililani Street would be extended to the site. C. Drainage e As noted earlier, the US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Zone X (areas outside of 500-year flood). (Exhibit D) There are no drainage ways through the site. Accordingly, the site has not and should not be subject to flooding. As there will be an added level of impervious surface resulting from the proposed parking area, there may be an issue relating to potential increased run-off. In that event, drywell or similar type of accommodations will be implemented, subject to the review and approval of the Department of Public Works. D. Roadway and Traffic The site fronts Piilani Street. Piilani Street has a right-of-way of sixty (60) feet with a twenty two (22) foot wide pavement. There are 6-8 foot wide grassed shoulders on both sides of the street. The proposed extension of Mililani Street forms the western boundary of the subject site. The existing right-of-way of this unimproved section is sixty (60) feet. The proposed access to the project will be from Piilani Street. The access will be designed and constructed to meet with standard 12 Department of Public Works driveway standards for an Industrial zone. Aside from the anticipated eight (8) employees who will be coming in 'ci ates no more than five (5) vehicular shifts, the applicant anticipates movements during the day for receiving and shipping of goods. Employee traffic averaging no more than eight (8) trips would generally coincide with peak movements, whereas deliveries would occur during non-peak hours. This portion of Piilani Street serves as the gateway to Wailoa State Park and Mililani Street. The Park is not heavily frequented during the weekdays, with heavier use on the weekends when the bottling plant is not anticipated to be operational. Milllani Street serves as access to the single-family residences in that area and to the Waiakea Village residential complex. Aside from Piilani Street, there are alternative routes,to access Mililani Street, primarily Hualani and Kekuanaoa Streets. Thus, with alternative means to access Mililani Street and the low weekday use of Wailoa State Park, the project should not significantly affect the use of Piilani Street. Further at its intersection with Manono Street, which is heavily traveled, the vehicular movements generated by this project is nominal. The projected movements should be 4-5 during the non- peak hours. Unlike an office or retail use, the project does not require nor generate frequent visitations. Given the above, the traffic impact created by this project to both Piilani and Milllani Street, as well as at the intersection of Piilani and Manono Streets, should not be significantly adverse. E. Public Protective Services As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services would be required, and existing facilities should be sufficient to accommodate the limited demand expected from this project At least three (3) County Fire Stations and Emergency Medical Services are located within a 5-minute response area. 1' As this project is a commercial one, it should have little or no direct impacts to schools, parks, and other related facilities. Nonetheless, there are parks and schools within a 2-mile radius of the subject site. The Hilo Hospital is located, approximately three (3) miles from the site. This hospital is one of five licensed hospitals on the island. F. Solid Waste • Solid waste will be handled by commercial haulers who will dispose of the refuse at the county landfill in Hilo and eventually at Pu'uanahulu, North Kona. Typically, the waste generation of a project of this nature (warehouse/office) should be comparable to a typical residence or at the most two (2) residences. Although the Applicant does not believe one is needed, if required, a Solid Waste Management Plan can be prepared`to help address ways to accommodate and reduce the project's waste. G. Other Utilities Electrical and telephone,lines are available to the site. VIII. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. B. County General Plan The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The General Plan consists of both a map and a policy component. General Plan Land Use Pattern Allocation Guide (LUPAG) Map The map designates the site Industrial. This designation was approved on July 24, 1991 via Ordinance No. 91 72. Relative to the Industrial designation, the General Plan allows consideration for "manufacturing and processing, wholesaling, large storage and 14 transportation facilities, and light industrial uses." As such, the ML-20 zoning is consistent with this designation. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: 1. Economic Element Goals • Provide residents with opportunities to improve their quality of life. e Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. ® The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. ▪ The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. 15 Discussion • The request would provide opportunities for a water bottling facility to establish itself in an area that is serviced by a good transportation system. Relatedly, all required infrastructure is there or, if not and/or needed, will be provided by the applicant without taxing government's servicing ability. Further, the area is located proximate to industrial and business areas, making the site accessible to these uses. At the same time, because of the type of use (water bottling facility) and its small-scaled nature, the requested project should have nominal impacts to the surrounding area. It is also consistent with the evolving mixture of land uses in this area. 2. Land Use Element(Industrial) Goals • designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. (Land Use Element) • designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County. (Industrial Sub- element) • promote and encourage the rehabilitation of industrial areas which are serviced by basic community facilities and utilities. (Industrial Sub-element) Policies ® zone urban- and rural-type of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. (Land Use Element) ® allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, 16 community, region and County. (Land Use Element) • encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environments.(Land Use Element) ® achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries.(Industrial Sub- element) © Locate industrial areas convenient to transportation facilities and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and communities. (Industrial Sub-element) Standards (Industrial) • Industrial development shall maintain or improve the quality of the present environment. ® Industrial activities may be located close to raw materials or key resources. e Topography of industrial land shall be reasonably level. ® Industrial development shall be conveniently located to its labor resource. ® Buffer zones shall be established between industrial and adjacent non-compatible uses of land. ® The direction of wind patterns and the absence of trade winds shall be considered inlocated industrial designations. Discussion As the City of Hilo and its surrounding areas continue to grow, there will be a need for more light industrial and commercially- zoned lands. At the same time, there have been very little fee- simple light industrial lands. This absence has fostered a 17 number of non-compliant activities, as well as having those uses occur in Puna where fee simple industrially zoned properties are available. Having opportunities within the City of Hilo should help reduce excessive traffic movements outside of Hilo. The subject site, in addition to attempting to meet this need, also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure. The County water line is already available. Fire protective services are available within twa(2) miles of the site. Wastewater system will be provided by the applicant in conjunction with the development of the project. All other utilities are available to the site. As such, this development should not require additional public services to be provided. The site does not have any on-site developmental constraints. The land is relatively level, and there are no flood (Zone X) or other hazardous condition that would render the site a developmental problem and pose a burden to public agencies. Further, given the non-noxious type of uses anticipated to be situated here, pollution concerns typically associated with heavy industry would be minimal, if at all. Being previously used as a warehouse and cleared, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Most of the subject area is covered with invasive vegetation. Then, too, while there may be a potential for some endemic birds to visit this area, the development of this site would not remove a critical habitat. At the same time, there are alternative areas that would be more suitable for any habitats and the recommendation relative to the timing of clearing to address potential impacts can be followed. Likewise, due to the developed physical nature of this site, it is very unlikely that there may be any archaeological features left on the site. This was confirmed by the archaeological inventory survey. In the event there are some inadvertent archaeological finds, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. 18 The use is also compatible with the surrounding area. This area is an area of transition with a mixture of residential, commercial, and open space/recreational activities. The existing industrial zone should not have an impact to the residential area. Projected traffic by the proposed bottling facility should be marginal in relation to the ambient level. Landscaping will also be provided to help mitigate potential visual impacts of the project. Finally, all structures built on the site will be required to comply with the standards outlined in the Zoning Code —such as parking, setback, height, etc. C. Hilo Community Development Plan (CDP) As noted earlier, the Hilo CDP was adopted in 1975 by the Planning Commission to serve as a guide to the General Plan. Although the site is designated RM-4, many changes have occurred over the past 40+ years, making many of the planning assumptions obsolete. Further as noted earlier, the General Plan in this area was amended from Medium Density Urban to Industrial in 1991 (Ord. No. 91 72) and subsequently rezoned from Resort (V-S-.75) to Light Industrial (ML- 20) in 1992 (Ord. No. 92 122). D. County Zoning The County zoning designation of the site is Light Industrial (ML-20). Food manufacturing and processing facilities are permitted in ML as "an establishment primarily Such a facility is definedp Y involved in the manufacture and processing of food products, other than an animal products processing establishment. Typical activities include, but are not necessarily limited to, noodle factories and coffee grinding." A potable water bottling facility falls under this definition, as confirmed by an email from the Planning Department. Should the request be approved, all of the required standards outlined in the Zoning Code for projects of this nature will be complied with. These include setbacks, parking, loading areas, landscaping — if needed, and so forth. As noted earlier, there are conditions to the rezoning ordinance affecting the subject property that must be amended. These will be addressed in Chapter IX. 19 E. Other Permitting Considerations If the requests for amending the rezoning ordinance and SMA permit are approved, other ministerial permits would still be required. These include the well permits, Plan Approval, Building Permit, UIC, and others. VIII. Relationship to Special Management Area Goals and Objectives The subject site is situated within the County Special Management Area (SMA). As such, this section covers the project's relationship to the goals and policies of the SMA. A. Recreational Resources The proposed improvements should not have any adverse impact to the recreational resources of the area. The property is not a coastal property, and there are intervening properties between the project site and the nearest coastal area —Wailoa Pond. Access to the Wailoa State Park is via Piilani Street, and this access will continue unabated. Further, the nature of the project—water well and bottling facility— is of such a nature that water quality to the nearshore waters will or cannot be compromised. E. Historical and Cultural Resources As the entire site was cleared and formerly used for warehouse use in the past, there are little, if any, archaeological resources on the property. This was confirmed by the archaeological survey performed of the site as found in Exhibit C. However, should there be any inadvertent finds during the development of this project, work will immediately cease until clearance from the County Planning Department is secured. Relative to cultural resources, the site of the requested area has been cleared. The applicant also note that there have been no reported observation of any native Hawaiians gathering plants within or proximate to the subject site. As such, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. In sum, given the disturbed nature of the area of the proposed improvements, it can be reasonably concluded that this project would 20 have no significant adverse impact relating to native Hawaiian cultural and historical resources and/or practices that cannot be otherwise mitigated. C. Scenic and Open Space Resources The only reasonable open space in this area would be the Wailoa State Park. From the subject property, the Park is not visible because there is a tall stand of trees on the adjoining parcel closest to the Park. Thus, what glimpse of the Park from either Piilani or Manono Streets one might have would not be impacted by this project. Further, the height and size of the proposed structures would be somewhat equivalent to a residence. Overall then, the visual impact from any public roadways to either the Park or the shoreline would not be limited by this project. D. Coastal Ecosystem The proposed improvements should not generate any adverse impacts to the area's coastal ecosystem. As there will be structures and related improvements that would add to the site's impervious surface, drywells may have to be installed. If required, during the course of securing the required Underground Injection Control (UIC) and NPDES permits, the project's impacts to the groundwater and nearshore waters will be evaluated and appropriate mitigative, if needed, actions will be taken. Further, the project's wastewater will be connected to the County system. Then, too, given the nature of the project (water well and bottling facility) it would only behoove the applicant to assure that the groundwater in this area not be compromised. E. Economic Uses The project itself should have some significant direct and indirect economic impacts, due to the short-term and long-term jobs this project could potentially generate. The short-term jobs would be principally in the construction industry. The long-term direct employment impact would come in the form of possibly eight (8) employees of the project. Additionally, there would be indirect employment created through the project's multiplier effect but equally important, creating another 21 commodity to be exported, which, in turn, brings in new monies into the local economy. At the same time, by providing a convenient area for employment, it would minimize drive time for many area workers who would otherwise have had to travel outside of the district to their place of employment. These people could more productively utilize the time lost on the road. F. Coastal Hazards "X" • Insurance Rate map. However, it The site is designatedon the Flood p is located within the Civil Defense Tsunami Evacuation Zone. The applicant will take measures to institute appropriate educational and training protocols for their employees in times of a tsunami. It should be noted that when the subject site was considered for Industrial uses in 1991, the Civil Defense Agency commented that instead of resort or residential uses, perpetual open space park use would be the best (which was not feasible), followed by light industrial use. This position was based on the potentially adverse impact to residences in the event of a tsunami. (Exhibit E) As the site is not located adjacent to the shoreline, normal winter storm waters should not be an issue for this project. Based on the foregoing, it is concluded that the proposed improvements the objectives, policies andguidelines of the Special are consistent with � , Management Area Rules and Regulations. Specifically: A. The proposed project will not have any substantial, adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and is clearly outweighed by public health, safety and welfare, and other compelling public interest. Further, it will not generate any adverse effects by themselves or in conjunction with other individual developments, the potential cumulative impacts of which would result in a substantial adverse environmental or ecological effect and the elimination of planning options. Appropriate mitigative measures will be taken to address any potential adverse impacts of this project; 22 B. The proposed activities - as discussed earlier- are consistent with the objectives, policies, and guidelines of the SMA Rules and Regulations; and C. The proposed activities are consistent with the County General Plan and County Zoning Code, as noted in this Chapter of this document. IX. JUSTIFICATIONS FOR ZONING TIME EXTENSION AND RELATED REQUEST The rezoning ordinance (Ord. No. 92 122) became effective on November 20, 1992. Condition C required "final plan approval for the proposed fish processing/warehouse/office facility and related improvements"be secured within a year from the date the then three (3) lots were consolidated. The lots were consolidated on October 24, 1994. Thus, the deadline for receipt of final plan approval was October 24, 1995. The applicant requested and the Planning Director granted an extension to October 24, 1996. Final plan approval was never secured. Condition D required construction to "commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter." Construction never commenced. As such, while the zoning of the site is still ML-20, it is somewhat in "limbo" due to non-fulfillment of Conditions C and D. As such, the applicant is requesting that Conditions C and D be deleted in their entirety and replaced by a new Condition C to read as follows: "Construction of the proposed development shall be completed within five (5) years from the effective date of this amendment. Prior to construction, the applicant(s), successor(s) or assign(s) shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70 Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structure(s), paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements)." This type of condition is now standard for all commercial and/or industrial rezoning. 23 Relative to the requested extension, Condition N identified three (3) circumstances under which an extension can be considered. These circumstances and the project's relationship to these follow. 1. Non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. The planned warehouse and fish processing facility was never developed for a number of reasons. In addition to the sagging economy in the early 1990's, resulting in the landowner (Suisan) requesting for a time extension, there was another factor. Because of health and other environmental requirements, the planned use of the Suisan Fish Market auction site was terminated. This was an important yet accessory component of the fish processing facility. The situation compelled Suisan to shift its business model and focus to developing and improving its current location, sandwiched between Kalanianole Avenue and Kamehameha Avenue. This resulted in its focus to better utilize its current location as well as the newly constructed freezer and cold storage building fronting Kalanianaole Avenue. An overall master plan was prepared and SMA Permit (SMA 06-000011) was secured in 2006 to implement the plan. Although an administrative time extension was granted to June 2, 2016. Suisan is intent on implementing the plan. However, another unforeseen and regrettable situation occurred — a fire. The fire destroyed the office building and some of the other structures in the complex. This set implementation of the master plan back. Thus, between the inability to continue with the fish auction at Suisan's site near the mouth of Wailoa River and the fire, the development focus of the subject site — be it for the originally planned fish processing facility or other type of uses permitted in the ML zone —waned. These were conditions that were not foreseen by Suisan when it had the property rezoned into the ML district. As such, Suisan has decided to part with this site and focus more on improving its current location. 2. The request would not be contrary to the General Plan or Zoning Code. It should be noted that since the site was rezoned, there has not been any significant land use regulatory change in this area. The Hilo 24 Community Development Plan has not been updated, and thus, the only relevant planning policy document still rests with the County General Plan. The proposed request is not contrary to the General Plan's Land Use Pattern Allocation Guide (LUPAG) Map that defines the subject property and its immediately surrounding area for Industrial uses. The most recent revisions to the General Plan (February 2005) did not make any changes affecting the subject site. The current designation on the LUPAG map is the same as when the subject property was initially zoned MCX-20. There are a number of industrially-zoned and related uses adjacent and also proximate to the subject site along Kawili Street. The applicant's project would serve the area as well as complement the various urban- type of uses already established in this area. The request is not contrary to but consistent with Land Use Pattern Allocation Guide Map and the goals, policies and standards of the General Plan. This is discussed in detail in Chapter Viii E. of this report. 3. The request would not be contrary to the reasons for the granting of the Change of Zone. The reasons for approving the rezoning of this site were articulated in the Planning Commission's letter of September 11, 1992 to the County Council. (Exhibit F) Although directed to the former warehouse and fish processing facility, the justifications are still applicable. In that regard, the justifications and their relationship to the current request are: • Consistencywith the LUPAG map. The map still designatesnates this site Industrial. O Furtherance of the County's goals of providing an economic environment which allows new or existing businesses to expand and diversify the County's economic base, and thereby also increase the choice of occupations. This is still a goal of the County. ® ' Demand for industrially zoned properties and the site's positive physical and locational attributes which meet the commercial and industrial needs in the context of the industrial designation of the County General Plan. This is still applicable today, as there have not been any amendments to the General Plan and the demand for 25 industrial lands, particularly of the fee simple variety, continue unabated. All essential utilities and services can and will be made available to the development. The discussion relates to the availability of the water line; installation, if needed, of roadway improvements and the extension of the wastewater system to the site. This is also a commitment on the part of the current applicant. ® The site does not have any resource issues, such as archaeological, drainage, botanical, or avifaunal. The site was formerly used as a residence is cleared. The rezoned area is zoned "X" on the flood maps. It is thus maintained that the reasons used to support the initial rezoning request also apply to the requested time extensions. As such, the applicant respectfully requests your favorable consideration of this time extension request. 26 COUNTY OF • AWAttr: STATE OF HAWAII BILL NO. 668 ORDINANCE NO. _ 122 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP) , ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT 'CLASSIFICATION FROM RESORT-HOTEL, SAFETY (V-5-.75) TO LIMITED INDUSTRIAL (ML-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED .BY TAX MAP KEY 2-2-33 :11, 12, 19 .AND 20. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Limited Industrial (ML-20) : Beginning at the Northwest corner of this piece of land and at the Southeast corner of the intersection of Wehilani and Mililani Streets the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 496.51 feet North and 8, 689 .91 feet East, thence running by azimuths measured clockwise from True South: 1. 270" 00 ' 200.00 feet along the South side of Wehilani Street; 2. 0° 00' 560.00 feet along Government Land covered by General Lease 3419 and 3478 to Hawaiian Fern-Wood, Ltd. ; • EXHIBIT A i 3 . 90° 009 200. 00 feet along the North side of Piilani Street; 4 . 180° 00 °" 560.00 feet along the East side of Nililani Street to the point of beginning and containing an area of 112, 000 square feet. All as shown on the map attached hereto, marked Exhibit "A99 and by reference made a part hereof . SECTION 2. Thischange in district classification is conditioned upon the following: (A) the applicant, its successors or assigns shall comply with all of the stated conditions of approval; (B) final consolidation approval of the subject properties shall be secured within one year from the effective date of the change of zone; (C) final plan approval for the proposed fish processing/ warehouse/office facility and related improvements shall be secured from the Planning Department within one year from the date of Final Consolidation Approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code) , plans shall be submitted a minimum of forty-five (45) days prior to the date for which plan approval must be secured. Plans shall indicate proposed structures, landscaping and parking associated with the proposed development; (D) construction shall commence within one year from the date of receipt of Final Plan Approval and be completed within two years thereafter; (E) in the design and review of any improvements, due consideration shall be given to 'the minimization of noise and adverse visual impacts through appropriate siting, height, bulk, color schemes, -2- signage, and landscaping; (F) access to the project site shall meet with the approval of the Department of Public Works; (G) the method of sewage and solid waste disposal shall meet with the approval of the appropriate governmental agencies; (H) that portion of Piilani Street fronting the project site shall be improved to commercial standards. This improvement shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development; (I) upon the development of parcels along the unconstructed portion of Mililani Street in the immediate vicinity of the subject properties, the applicant shall either participate in the construction of Mililani Street or a fair share contribution of its construction (280 feet) at a time and in a manner meeting with the approval of the Department of Public Works; (J) a drainage system, if required, shall be installed meeting with the approval of the Department of Public Works; (K) comply with all applicable laws, rules, regulations and requirements, including those of the Departments of Public Works, Health and Fire; (L) should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer' s election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (M) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this Change of Zone. The report -3- shall address the status of the development and the compliance with the conditions of approval . ''his condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and, (N) an 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 applicant, 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) ; and 5) if the g applicant should require an additional extension of time, the Planning Director shall submit the applicant' s request to the County Council for appropriate action. Further, should any of ., the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. SECTION 3 . In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -4- SECTION 4 , This ordinance shall take effect upon its approval, INTRODUCED BY: COUNCIL ME R, +' TY OF HAWAII Hilo, Hawaii Date of Introduction: October 21, 1992 Date of 1st Reading: October 21, 1992 Date of 2nd Reading: November 5, 1992 Effective Date: November 20, 1992 APPROVED AS TO FORM AND LEGALITY: OE'UT'' CORP TION COUNSEL DATED: SEP - 3 1992 -5- I `r$ 1.4-7,3‘..7.V. y; . "3'4 s.,,„ c am, ,' - Mt.V.^a... .,, rXu^...7 V.V. .draw: w9e, ....r.sa.,,x wwor b g,..—Y.9 gi....,,zr mb.4.:a -a% e tC: \ TM US- 4 ii,===.:*!•4 014M-I *ez====.2. ..,,,,X .4- "i” cv 7.5 .443L...SEC 4. -....._ ( . 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L.R ,„"' NI , ''k. ` gq yq#ya�� j ENT j j syji E.�x� S � n � •� '^t: 39�'e' .. m% 'k x.�YJdj, ya�C'mn S 14 AMeNOING SECTION '2E-114 Ce1TY oF 1-11L 'ZONE MAP) A', T1 Le 51 cHAPTEIR 2.W (ZZ fN CoDe) _r THS I-IAINAll coLINTY mope 3',0 =HANGINI T E DISTRICT eLASSIFtc ` 'ir ,N FRo O T-HeT L-.�., 0A ET'' (v®9_7S") To LII IIT D UNDLI �-;~- IAL. (Mi..'- 0 • '20) ATT3AI"KEAN, SOUTH H1L.O, HAINAII. 1 , SPA MO 19 _ PLANNI S D AA t S�-�- C UNT7 Cr' �#A!.MAtt 1 1-MT� -2.-'m a - tt. 1�, t• AND -2.0 AUG- 83 ms.m. 3 ..,"'vM-vrd�.:,�,,..rt etier.ta�isaa»inntsM S n^r„Xo.R..9aeas-t!A+.-=iuwn. uH.:Y»:e� ,dFw'am;+.FrtittY•.:rt%ua.; 3.:Yf hW+s-Mari:eM..YTHF%v.R` .,`.tie.a.:mnr'.u�f+l+Faattfn.4ati.n:RtFF+R:e.fv fl.,+3is3;'ae-.,Hn:H�m..:awpi�kk 'fuss#ck+FYA�t.HIu;+wtgMa.�a[0.'a'.wSRi EXH1 t : "An ..s., .At-3 CC,MF�ATd'S', L1MITM1=9 • ASE ENV RaN ENTAL SITE ASSESSMENT 525 Piilani Streeet Hilo, Hawaii 96720 Tax Map Key Parcel (3) 2-2-033:011 March 2018 Prepared by: Lehua Environmental Inc. P.O:Box1018 Kamuela, Hawaii 96743 Prepared for: Columbus East, LLC. 2571 Lemon Road Honolulu, Hawaii 96815 EXHIBIT B Phase 1 Environmental Site Assessment TM K Parcel(3)2-2033:011 Hilo,Hawaii 96720 Table 4f C v tents Table of Contents i List of Acronyms iii Executive Summary v Section 1 Introduction 1 Section 2 Site Description 3 Topography and Surface Water Flow 3 Geology3 ' Groundwater 4 2.1.1 Wells and Drinking Water Sources 4 2.2 Historic Land Use 5 Aerial Photographs and Topographic Maps 5 2.2.1 Sanborn Fire Insurance Maps 5 2.2.2 Tax Records 6 2.3 Previous Environmental Reports 6 Section 3 User Provided Information 7 Section 4 Records Review 9 4.1 Federal NPL Site List 10 4.2 Federal Delisted NPL Site List 10 4.3 Federal CERCLIS List 10 4.4 Federal CERCLIS NFRAP Site List 10 4.5 Federal RCRA CORRACTS Facilities List 10 4.6 Federal RCRA non-CORRACTS TSD Facilities List 11 4.7 Federal RCRA Generators List 11 4.8 Federal Institutional Controls/Engineering Controls Registries 11 4.9 Federal ERNS List 11 4.10 DOH SHWS 11 4.11 State Landfill and/or Solid Waste Disposal Site Lists 12 4.12 State Leaking Underground Storage Tank Lists 12 4.13 State Registered Underground Storage Tank Lists 12 4.14 State Institutional Control/Engineering Control Registries 12 4.15 State Voluntary Cleanup Sites 12 4.16 State Brownfields Sites 13 Phase d Environmental Site Assessment MIK Parcel(3)2-2-033:011 Hilo,Hawaii 96720 4.17 State Land Records 13 4.18 Records of Emergency Release Reports 13 4.19 Other Ascertainable Records 13 4.20 EDR Proprietary Records 13 Section 5 Current/Historical Use 15 Section 6 Site Reconnaissance 17 6.1.1 USTs,Aboveground Storage Tanks (ASTs), Oil/Water Separators,Pipelines 17 6.1.2 Drains 17 6.1.3 Indication of Polychlorinated Biphenyl (PCB) Containing Materials 17 6.1.4 Mercury 17 6.1,5 Chlorofluorocarbons (CFCs) 17 6.1.6 Stains and Chemical Odors 17 6.1.7 Adjacent Properties 17 Section 7 Data Gaps 18 Section 8 Conclusions and Opinions 19 Section 9 Limitations 21 Section 10 References 23 Figures Figure 1: Location Map 1 Figure 2: Project Site Layout Map 4 Appendices Appendix A: Photographs Appendix B: EDR Database Search ii Phase/Environmental Site Assessment TMK Parcel(3)2-2-033:011 Hi/c, Hawaii 96720 List 01 Acronyms percent ASTM American Society for Testing and Materials AUL activity and use limitation CERCLIS Comprehensive Environmental Response, Compensation, and Liability Information System CFC chlorofluorocarbon CFR Code of Federal Regulations CORRACTS Corrective action report DLNR State of Hawaii Department of Land and Natural Resources DOH State of Hawaii Department of Health DOT Department of Transportation EDR Environmental Data Resources, Inc. EPA United States Environmental Protection Agency ERNS Emergency Response Notification System ESA Environmental Site Assessment ft feet HCC Hawaii County Code HEER Hazard Evaluation and Emergency Response LEI Lehua Environmental Inc. LUST leaking underground storage tank Ma millions of years ago mi miles mg/L milligrams per liter msl !mean sea level N/A Not available NFA no further action NFRAP No Further Remedial Action Planned NPDES National Pollutant Discharge Elimination System NPL National Priority List NRCS Natural Resource Conservation Service PCB polychlorinated biphenyl RCRA Resource Conservation and Recovery Act REC recognized environmental condition SHWS State Hazardous Waste Site TMK tax map key TSD treatment, storage, and disposal UIC underground injection control USGS United States Geological Survey U.S. United States UST underground storage tank iii Phase I Environmental Site Assessment TMKK Parcel(3)2-2-033:011 Hilo, Hawaii 96720 • This page is intentionally left blank. iv Phase/Environmental Site Assessment TAW Parcel(3)2-2-033:011 Hi/a,Hawaii 96720 Et, ecutivee .n. #¢ y This report presents the results of the Phase I Environmental Site Assessment (ESA) performed by Lehua Environmental Inc. (LEI) for the Tax Map Key (TMK) Parcel located at 525 Piilani Street Hilo, Hawaii 96720: (3) 2-2-033: 011 (hereinafter referred to as the Site). The Site is currently unused undeveloped vacant land. The Site occupies approximately 2.57 acres of land located in Hilo, Hawaii on the island of Hawaii. This assessment and report have been performed in general accordance with the United States Environmental Protection Agency (EPA) "All Appropriate Inquiry" (40 Code of Federal Regulations (CFR) Part 312), as well as the American Society for Testing and Materials (ASTM) "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" (ASTM, 2013). This assessment was conducted to evaluate existing conditions, investigate the environmental history, and identify the presence of recognized environmental conditions (RECs)within and around the Site. A REC is defined as "the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or(3) under conditions that pose a material threat of a future release to the environment."(ASTM, 2013). Research consisted of a review of historical and regulatory records, present conditions, site geology and hydrogeology. This assessment has not revealed evidence d nce of a current REC and has not revealed evidence of any historical RECs in connection with the Site. A historical REC is defined as "a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted residential use criteria established by a regulatory authority, without subjecting the property to any required controls" (ASTM, 2013). V Phase I Environmental Site Assessment TM K Parcel(3)2-2-033:011 Hilo,Hawaii 96720 This assessment has not revealed evidence of a historical or current REC in connection with the Site. De Minhnis Items of C,.�neern • Abandoned tires and trash was observed at the Site. These materials should be properly disposed. D;4ta Gaps • In performing this Phase I ESA, no data gaps were identified. vi Phase I Environmental Site Assessment TMIT Parcel(3)2-2-033:011 Hila, Hawaii 96720 Section I Introduction This report presents the results of the Phase I ESA of the Site located in Hilo, Hawaii on the eastern side of the island of Hawaii (Figure 1). The property is denoted by TMK: (3) 2-2-033: 011. The purpose of this assessment was to evaluate the presence of RECs at and surrounding the Site. The assessment of the Site has been performed by qualified environmental professionals as defined by, and in general accordance, with the EPA "All Appropriate Inquiry" (40 CFR Part 312), as well as the ASTM E 1527-013. This Phase I ESA includes a review of relevant geology and hydrogeology, federal, state, and local databases of known or potential hazardous waste sites, landfills, and sites currently under investigation for environmental violations within the ASTM recommended search distance of the Site. It also includes a site inspection and interviews with applicable persons that have knowledge of the site to check for evidence of RECs. Figure 1: Location Map t E F \Arainiea P,opo so, Kana Hilo fi 1t .v, 1 t ++ cur_ml'AFA __— haa..tdr.<.4ae C rEaXa kintk-:Coium6ia;NSF.lin i.-. 1 Phase I Environmental Site Assessment TMK Parcel(3)2-2-033:011 Hilo, Hawaii 96720 This page is intentionally left blank. Phase/Environmental Site Assessment TM(Parcel(3)2-2-033:011 Hilo, Hawaii 96720 Section 2 Sitea cri ti n The Site is currently unused vacant land (Figure 2). The Site is bordered to the north, east and west by undeveloped land, and is bordered by residential and commercial properties to the south. According to Chapter 25 of the Hawaii County Code (HCC), the Site is zoned for Industrial use (HCC, 2005). Topography and Surface Water Flow The topography of the Site is flat at an elevation of approximately 11-13 feet above msl. The topography directs surface flow towards the west. The Site is approximately 590 feet east of Waiakea Pond, which is contiguous with Hilo Bay and the Pacific Ocean. Geology Published geologic and hydrogeologic reports and maps were reviewed to obtain available information regarding subsurface conditions in the general area of the Site. The Island of Hawaii comprises five coalesced shield volcanoes: Kohala, Mauna Kea, Hualaiai, Mauna Loa, and Kilauea. The Site is located near the east coast below Mauna Kea Volcano. The Mauna Kea Volcano has passed through the primitive shield-building stage into the late stage and produced a cap of differentiated lavas that almost completely buried the original shield above sea level. The rocks have been divided into an older Hamakua Volcanic Series and a younger Laupahoehoe Volcanic Series with the former becoming further divided into upper and lower members. The top of Mauna Kea consists almost wholly of flows of the Laupahoehoe Series. Rocks of the Hamakua Series are exposed only in Waikahaluu and Pohakuloa gulches on the south flank of the mountain and in another, smaller gulch three kilometers farther west. These volcanic series are covered by a layer of Pahala ash in some areas that reach a thickness of seven and one-half meters along the Wailuku River above Hilo, but gradually thin northward to about two meters towards Paauilo (Macdonald et al., 1983). Soil Soils in the Site area include Keaukaha muck, characterized as Class D soil, with very slow infiltration rates. These soils are clayey, have a high water table, or are shallow to an impervious layer (Environmental Data Resources, Inc. (EDR), 2018). Phase I Environmental Site Assessment TMK Parcel(3)2-2-033:011 Hilo, Hawaii 96720 Fie ure 2: Pro ect Site La out Ma. -,a 4 ',3gs,$' ,tikr ' '' ,. ' °� '.','ytrffi'4{ ;. Ma' ri "k '.;k T "4� , a7'1-sa a r �.: 4x '''r 44 . r �.4da.�..an.-.z ... Y `l�Y ,$ft Z tp Project Area • f �iNr41 Iiav!� € ! ? zY 1 as s ersTy F z r �,5 e7#t4Pio; ^A 1,,,l';',,;.'�s � �`�`•x�`�d� �`'�€E�... �!�� £s 9 ,a �,� vY, yyam� ` - - d ,. =; {i <11 ¢ 4r � �� g�a+`a,d+��rY 7 a, ( w• gt'2' 13 --4. try s Y �� r e ,f s snit 7a : jai �'' , d Y+ tx ,',¥b _ $xe 4 { -fi'',..•-!,-:- -'!'4-0,-,:,' s dtf . g 1=% t f ! `3 ,.kt f,-j' -- 4 -ip t i� us 1& a# x G .3$ a; x t x C b 8p fi f9 } • _ f r xr 1 s� ' • ' 20 B fiapglEl: s 113 'Ws; .Y 3 z� fxfa � 2-9,,;;;11-"t', fax x i ,y y� Groundwater According to Mink and Lau (1990), the entire Site is located above one aquifer, status code 80401111(11111). This type of aquifer is basal (fresh water in contact with salt water), unconfined (where the water table is the upper surface of saturated aquifer), and composed of horizontally extensive (i.e. flank type) geological units (Mink and Lau, 1990). This aquifer is currently used as a drinking water source, is fresh (< 250 milligrams per liter (mg/L) chloride), irreplaceable, and is highly vulnerable to contamination (Mink and Lau, 1990). Groundwater resources in the area are listed as being in the Northeast Mauna Loa aquifer system of the Hilo aquifer sector. The groundwater gradient in the vicinity of the Site is likely to the northwest towards Waiakea Pond. Annual average rainfall for the Site area is approximately 160 inches (Giambelluca et al., 2013). 2.1.1 Wells and Drinking Water Sources The Site is located approximately 0.45 miles seaward (makar) of the underground injection control (UIC) line. The UIC line was established by the State of Hawaii Department of Health (DOH) to protect groundwater resources. Groundwater mauka of the UIC line is considered a potential drinking water source. Groundwater seaward (makai) of the UIC line is considered as non-potable and saline. Injection wells are prohibited mauka of the UIC line. 4 Phase/Environmental Site Assessment TMK Parcel(3)2-2-033:011 Hilo, Hawaii 96720 Results of the EDR report indicated no wells directly on the Site. The EDR also retrieved records for 15 wells within a distance of 1.0 mi to the nearest Site boundary. The wells are used for geothermal power exploration and aquifer research (USGS). 2.2 Histone Land Use The County of Hawaii Planning Department website was examined for review of building permits for the Site and adjacent properties. Permit records are examined in order to identify any associated RECs. Permit records for the Site indicated that a warehouse was demolished at the Site in 1993 and previous tenants of the warehouse included a wood crafts company and Hawaiian Sun Inc. No building permits found represent a REC for the Site (COH, 2017). Aerial Photographs and Topographic Maps Past land use was evaluated by reviewing historical topographic maps and photos. Representative documents were selected to show the evolution of the Site and the surrounding area. The years available with aerial photographs of the Site are 1954, 1975, 1977, 1985, 1988, 1992, and 2000. The earliest available aerial photograph, from 1954, shows one large warehouse and one small warehouse at the Site. The area surrounding the Site was lightly developed with residential, commercial/industrial uses to the south and northeast. Hoolulu Park was located to the east. The 1975-1992 photos depict further density of commercial/industrial use in the surrounding area. The 2000 photo shows the disappearance of the two warehouses previously located at the Site that were demolished in 1993 (EDR, 2018). Topographic maps of the Site available were published during the years 1914, 1917, 1932, 1963, 1980, 1981,1995 and 2013. The 1914 topographic map depicts concentrated development south of the Site, as well as the presence of a railroad track along the current alignment of the Mamalahoa Highway to the east of the Site. The Waiakea Sugar Mill is located approximately 0.4 miles southwest of the Site. The presence of a former sugar mill may suggest the former use of pesticides and other hazardous materials. However, given the distance from the former mill to the Site, and since the mill site has been redeveloped, it is not likely to have impacted the Site. A 1932 topographic map depicts increased development around the Site, as well as the Hilo Airport to the east of the Site. The 1963 topographic map shows increased development. The 1981 and 1995 topographic maps depict increased density development in Hilo town around the Site (EDR, 2018). 2.2.1 Sanborn Fire Insurance Maps Past land use for the Site was also evaluated usingSanborn Maps for the following years: 1921, 1957, 1974, 1978, 1987 and 1991 (Appendix B). The Site is just off the mapped areas in all Sanborn Maps found. The 1921-1991 maps show increased residential and light commercial development south of the Site (EDR, 2018). s Phase I Environmental Site Assessment TMK Parcel(3)2-2-033:011 Hilo, Hawaii 96720 2.2.2 Tax Records Records from the County of Hawaii Real Property Tax Department were reviewed for the Site to assess the chain of•title to determine historical uses that may indicate RECs. Tax records show that the Site was used as a commercial goods storage and distribution warehouse since at least 1948, and that the former large warehouse was built and used by the US military in 1942. No information found in the tax records researched reveals a REC for the Site. 2.3 Previous Environmental Reports No previous environmental reports were found for the Site. 6 Phase I Environmental Site Assessment TMK Parcel(3)2-2-033:011 Hilo, Hawaii 96720 Section 3 User ProvidedInformation ASTM E1527-13 outlines the responsibilities of the user (i.e., the user of this Phase I ESA report, in context of completing a Phase I ESA). A user is defined as the party seeking to use the Phase I ESA to complete an ESA of a property. A user may include a potential purchaser of property, a potential tenant of property, an owner of property, a lender, or a property manager (ASTM, 2013). In line with this definition, the user is the person/organization requesting this Phase I ESA. As part of completing a Phase I ESA, the user has the following duties: a Communicate in advance of the Site reconnaissance, any specialized knowledge or experience of the user that is material to RECs. • Communicate in advance of the Site reconnaissance, any actual knowledge or any environmental lien or AULs encumbering the property or in connection with the property. a Consider the relationship of the purchase price of the property to the fair market value of the property if the property was not affected by hazardous substances or petroleum products. a Communicate in advance of the Site reconnaissance, any commonly known or reasonably ascertainable information within the local community about the property that is material to RECs in connection with the property. a Make known the reason why the user wants to have the Phase I ESA performed. Ms. Fumiyo Okuda, Manager for Columbus East LLC. was interviewed as the Site user. Ms. Okuda has been familiar with the Site for less than one year and stated that the Site was purchased to advance a commercial potable water well. Ms. Okuda satisfied User responsibilities under ASTM E1527-13. None of the information obtained from Ms. Okuda represents a REC for the Site. Phase I Environmental Site Assessment TMK Parcel(3)2-2-033:011 Hilo, Hawaii 96720 This page is intentionally left blank. s Phase 1 Environmental Site Assessment TMK Parcel(3)2-2-033:011 Hilo, Hawaii 96720 Section 4 Records Review According to the ASTM (2013), "The purpose of the records review is to obtain and review records that will help identify recognized environmental conditions in connection with the property." The following records and lists were reviewed for sites equal to or greater than the ASTM specified minimum search distance from the Site. Sites Within One Mile of the Site • EPA National Priority List (NPL) • EPA Resource Conservation and Recovery Act(RCRA) Corrective Action Site (CORRACTS) List • DOH State Hazardous Waste Site (SHWS) • EPA National Pollutant Discharge Elimination System (NPDES) Sites Within 0.5 Mile of the Site • EPA Delisted NPL • Federal Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) List • CERCLIS No Further Remedial Action Planned (NFRAP) List • EPA RCRA Treatment, Storage, and/or Disposal (TSD) Facilities List • DOH Landfill and/or Solid Waste Disposal Site Lists • DOH leaking underground storage tanks (LUSTs) List On the Site and Adjoining Properties • DOH Registered underground storage tank (UST) List • RCRA Generators List On the Site • Federal Emergency Response Notification System (ERNS) List • EPA Institutional Controls and Engineering Controls Lists • DOH Institutional Control and Engineering Control Lists • DOH Voluntary Response Program List • DOH Brownfields List Phase/Environmental Site Assessment MK Parcel(3)2-2-033:011 Hilo, Hawaii 96720 Explanations of each federal record or list are provided in EDR's report (Appendix B). DOH records that may not be included in the EDR are included in this report. 4.1 Federal NPL Site List The Federal NPL includes those sites listed and proposed to be listed on the NPL (Superfund), as well those which have had a Superfund Liens notice filed. The NPL is a subset of the CERCLIS, and identifies over 1,200 sites for priority cleanup under the Superfund Program. There are no NPL sites listed on or within one mile of the Site (EDR, 2018), and the Site is not listed (EDR, 2018). 4.2 Federal Delisted NPL Site List There are no delisted NPL sites listed on or within one mile of the Site (EDR, 2018), and the Site is not listed (EDR, 2018). 4.3 Federal CERCLIS List CERCLIS contains data on potentially hazardous waste sites that are either proposed to or on the NPL, as well as sites which are in the screening and assessment phase for possible inclusion on the NPL. Additionally, all EPA Federal Facilities Restoration and Reuse Office involved in cleanup activities are listed in this database. There is one CERCLA SEMS site listed; the former Waiakea Pond Products Plant is located approximately 2,200 feet from the Site. Sediment and soil has shown high levels of arsenic and other heavy metals from former use as a sugar mill/canec board treatment plant. There is no concern for the Site from this listing since there is no likely pathway for contamination from the SEMS site. Federal CERCLIS sites listed on or within one mile of the Site; there are no EPA Federal Facilities Restoration and Reuse Office involved in cleanup activities within one mile of the site; and the Site is not listed (EDR, 2018). 4.4 Federal CERCLIS NFRAP Site List There are no CERCLIS-NFRAP sites listed within one-mile of the Site, and the Site is not listed. (EDR 2018). 4.5 Federal RCRA CORRACTS Facilities List Hazardous waste handlers with RCRA CORRACTS activity are listed in this database. There are no RCRA CORRACTS facilities located within a mile of the Site, and the Site is not listed (EDR, 2018). to Phase/Environmental Site Assessment T/YlK Parcel(3)2-2-033:011 Hilo, Hawaii 96720 4.6 Federal RCRA non®CRRACTS TSD Facilities List Information on RCRA defined hazardous waste TSD activities are listed in this database. There is one RCRA non-CORRACTS TSD facility listed within one-half mile of the Site, and the Site is not listed. There are no listed violations for the listed site that could impact the Site (EDR, 2018). 4.7 Federal RCRA Generators List The Federal RCRA generators list includes large, small and conditionally exempt small quantity hazardous waste generators. There are no RCRA generators listed within one-quarter mile of the Site, and the Site is not listed (EDR, 2018). 4.8 Federal Institutional Controls/Engineering Controls Registries This database includes a listing of engineering and institutional controls in place in order to create pathway elimination for regulated substances to enter environmental media or effect human health. There are no federal institutional controls or engineering controls listed within one-quarter mile of the Site, and the Site is not listed (EDR, 2018). 4.9 Federal ERNS List The Federal ERNS List records and stores information on reported releases of oil and hazardous substances. There are no federal ERNS events reported on the Site (EDR, 2018). 4.10 DOH SHWS The SHWS records are the state's equivalent to CERCLIS. These sites may or may not be listed on the federal CERCLIS list. The SHWS list contains information on sites identified by the State of Hawaii as abandoned, inactive, or uncontrolled hazardous waste sites that may require cleanup. There were no SHWS within one-quarter of a mile from the Site, and 22 SHWS listed within one mile from the Site (EDR, 2018). ® The 22 SHWS reported within one mile of the Site do not represent a REC for the Site due to their cleanup status with DOH and/or distance/elevation/gradient relative to the Site (EDR, 2018). 11 Phase I Environmental Site Assessment TMK Parcel(3)2-2-033:019 Hilo, Hawaii 96720 4.11 State Landfill and/or S •lid Waste Disposal Site Lists Records in this database typically contain an inventory of solid waste disposal facilities or landfills in a particular state. There are no state or tribal landfill and/or solid waste disposal sites listed within one-half mile of the Site, and the Site isnot listed (EDR, 2018). 4.12 State Leaking Underground Storage Tank Lists This database includes an inventory of reported LUSTs. There were 10 state LUSTs listed within one-half mile of the Site, and the Site is not listed (DOH, 2004; EDR, 2018). Given the status of the LUST sites (NFA), they are not considered a concern for the Site (EDR, 2018). 4.13 State Registered Underground Storage Tank Lists This database includes an inventory of reported USTs. There are no state USTs listed within one-quarter mile of the Site and the Site is not listed. (DOH, EDR, 2018). None of the UST listings represent a concern for the Site (EDR, 2018). 4,14 State Institutional Control/Engineering Control Registries This database includes a listing of sites with engineering and/or institutional controls in place. There were no state engineering and/or institutional controls registered within one-half mile of the Site, and the Site is not registered (EDR, 2018). 4.15 State Voluntary Cleanup Sits This database includes a listing of voluntary cleanup priority sites. There are no state or tribal voluntary cleanup priority sites recorded within one-half mile of the Site, and the Site is not listed (EDR, 2018). • 12 Phase I Environmental Site Assessment MK Parcel(3)2-2-033.011 Hila,Hawaii 96720 4,16 State Briwnfields Sites This database includes an inventory of state and tribal "Brownfield sites" which are defined as: any real property where the expansion, redevelopment or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant (EDR, 2018). There were no state or tribal Brownfield site within one-half mile of the Site, and the Site is not listed (EDR, 2018). 4.17 State Land records These records include the CERCLA Lien Information, which indicate where the EPA has spent Superfund monies to investigate releases and threatened releases of contamination. Additionally, records of land use control information pertaining to former Navy Base Realignment and Closure properties, is included. There are no CERCLA Liens filed at the Site, and there are no records of land use control information within one-half mile of the Site (EDR, 2018). 4.18 Ree trds of Emergency Release Reports This database includes the Hazardous Materials Incident Report System, which incorporates spills reported to the DOT. There are no records of Emergency Release Reports on the Site (EDR, 2018). &19 Other AscertainOle Records These records include inventories from a variety of select environmental databases; the full list of which is available in the EDR (EDR, 2018). There were no Other Ascertainable Records found for sites within one-quarter mile of the Site (EDR, 2018). 410 EDR Proprietary Records The EDR Proprietary Manufactured Gas Plant Database includes an inventory of coal gas plants compiled by EDR researchers. There are no Manufactured Gas Plants found within a mile of the Site (EDR, 2018). 13 Phase I Environmental Site Assessment MK Parcel(3)2-2-03.3:019 Hilo, Hawaii 96720 This page is intentionally left blank. 14 Phase/Environmental Site Assessment MK Parcel(3)2-2-033:011 Hilo, Hawaii 96720 Mr. Harvey Taira, Properties Manager for the previous owner, Suisan Company, Ltd.was interviewed as the Site contact. Mr. Taira has been familiar with the Site for at least 20 years, during which time•it was used as a fruit warehouse and Quonset hut prior to being demolished in the early 1990s. Mr. Taira satisfied site contact responsibilities under ASTM E1527-13. None of the information obtained from Mr. Taira represents a REC for the Site. No information disclosed by current or historical owners/occupants represents a REC for the Site. 15 Phase I Environmental Site Assessment TMK Parcel(3)2-2-033:011 Hifo,Hawaii 96720 This page is intentionally left blank. 16 Phase®Environmental Site Assessment Mk Parcel(3)2-2-033:0Vi Hilo,Hawaii 96720 Secti n 6 Site eco n issance The Site visit was conducted on Monday, March 26, 2018 by LEI personnel. All observations were based on the Site's conditions at the time of LEl's reconnaissance. Photographs taken during the site visit are included in Appendix A. The Site has been unused and includes natural foliage and small amounts of abandoned tires and garbage. 6.1.1 USTs, Aboveground Storage Tanks (ASTs), Oil/Water Separators, Pipelines No USTs, ASTs, oil/water separators or pipelines were observed at the Site. 6.1.2 Drains No drains, pits, ponds, pools were observed at the Site. 6.9.3 Indication of Polychlorinated Biphenyl (PCB) Containing Materials No potentially PCB containing materials were observed at the Site. 6.1.4 Mercury There was no indication of mercury-containing materials at the Site during the time of the Site reconnaissance. 6.1.5 Chlorofluorocarbons (CFCs) No potential CFC-containing materials were observed at the Site. 6.1.6 Stains and Chemical Odors No staining or chemical odors were observed at the Site. 6.1.7 Adjacent Properties Adjacent property uses include open land and Waiakea Pond to the west, open land to the east and residential and commercial uses to the south. There was no evidence of runoff or other potential contamination observed during the site reconnaissance. 17 Phase 1 Environmental Site Assessment TMif Parcel(3)2-2-033:011 Hilo, Hawaii 96720 M`ci : A data gap is a lack of or inability to obtain information required by ASTM E 1527-13 despite good faith efforts by the environmental professional to gather such information. Data gaps may result from incompleteness in any of the activities required by this practice (ASTM, 2013). In performing this Phase I ESA, no data gaps were identified. 18 Phase J Environmental Site Assessment Ti K Parcel(3)2-2-033:011 Hilo,Hawaii 9620 Sectio- 8 Conchis ins an%1 • ini • n - This Phase I ESA has been performed in conformance with the scope and limitations of ASTM E 1527-13 for. the Site. Any exceptions to, or deletions from this practice are described in Section 9 of this report. This assessment has not revealed evidence of a historical or current REC in connection with the Site. Ilse Minimis Items of Concern ® Abandoned tires and trash was observed at the Site. These materials should be properly disposed. Data Gaps In performing this Phase I ESA, no data gaps were identified. 19 Phase 1 Environmental Site Assessment 77101 Parcel(3)2-2-033:011 Hilo,Hawaii 96720 This page is intentionally left blank. 20 Phase i Environmental Site Assessment T699K Parcel(3)2-2-933:011 Hilo,Hawaii 96720 Section 9 Limitations The conclusions and recommendations of this ESA have been based on interpretation of the available historical and regulatory information, and a visual Site reconnaissance. No guarantee or warrant is made that the Site is free of contamination. This Phase I ESA was performed with the usual competence and thoroughness of the consulting profession, in accordance with the standard operating procedures of this time. LEI does not provide any other guarantee or warranty. This Phase I ESA is not a comprehensive site characterization and should not be construed as such. The opinions presented in this report are-based on findings derived from a site reconnaissance and a review of specified regulatory records and historical sources. This Phase I ESA did not include any investigation with respect to lead, asbestos, arsenic, radon, methane, regulatory compliance, cultural and historical resources, industrial hygiene, health and safety, ecological resources, endangered species, indoor air quality, or site geotechnical concerns. All information on UST and LUST sites are based on information reported to the DOH Solid and Hazardous Waste Branch. All information on DOH Hazard Evaluation and Emergency Response (HEER) listed sites and release sites are based on information reported to the DOH HEER Office. There are no exceptions or deletions to ASTM practice in this Phase I ESA. 21 Phase I Environmental Site Assessment TMK Parcel(3)2-2-033:01i Hilo,Hawaii 96720 This page is intentionally left blank. 22 • Phase I Environmental Site Assessment TMK Parcel(3)2--2033:011 Hilo, Hawaii 96720 cti• n 1 I Refere, c ASTM, 2013. Standard Practice for ESAs: Phase I ESA Process. ASTM,E 1527-13. COH, 2017. County of Hawaii Planning Department website. Accessed at http:/lwww.cohplanningdept.com/ on March 20, 2013. DOH, 2004. DOH, UST/LUST Database. Available online at: http://hawaii.gov/healthlenvironmental/waste/ust/data.html. EDR, 2018. The EDR Radius Map Report with GeoCheck,Hilo, Hawai`i, 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 Hawai`i.Bull. Amer.Meteor. Soc. 94, 313- 316, doi: 10.1175/BAMS-D-11-00228. Google, 2007. Google Earth Imagery. HCC, 2005. Hawai`i County Code 1983 (2005 Edition, as amended). Macdonald, G.; Abbott, A.; and Peterson, F., 1983. Volcanoes in the Sea, University of Hawai`i Press,Honolulu, Hawai`i. Mink, J. F. and Lau, S., 1990.Aquifer Identification and Classification for Hawaii: Groundwater Protection Strategy for Hawai`i. Water Resources Research Center,University of Hawai`i, Technical Report 179. February. 23 1 Phase I Environmental Site Assessment TAM Parcel(3)2-2-0.33:091 • Hilo, Hawaii 95720 • • This page is intentionally left blank. • • 24 • • .0 4 fa) rit• v , 4, 1 Otte gr;41.fel S Agifk ii 4,-054,A °. 4 1 g.,j,.4'� L '; � , North side of property. 4Y.1 W N +'* f "ui' 4'qu fir ro � 1 � � � f,^ � fir 'rA ,,,,,,,,,„,,,t. k ,� . .-.03,t, e q, 1�+ L; ' ' ,' 4 l'''''"4:':'":41 or.r,t,,,,,,,,,,,Z,..;V:!,,,,:;.4.,,,,,,,,,,.r.„7:::::,.,:::'.i:,,rr,'‘jt.,:,:::1 1:4',1.;11,4*li,41.1.7.,Laf,,;,:,,,-;1 . ' n 4East side of property �� r '4' _ South side of property J a r .aft t t d.y J , F E $ � Lehua Environmental Inc. , ' }� ' v , «' Tires found on northeast corner �� r i i , ,( �3.'x, .. �"":s4-, " k t .. ' ar.v t.-4# s. OfT'irl:., « yt , b -4-1."--7%-Al. ..,--,...7 lam` ~ " Tires found on northeast corner '-'-'44,.,,,t ',:- . x g-7,,------:. !JCS i." z.:',., fir 1. a tt-77,43.; '-'1,...;--.s...7' q t ..,:a., v......*- ,-1,1 . .if. 4:ei.„--ILAL'I...,-....- riali- , , AI " s�' '' Tires found on north east corner r - i'l'iv-vt(i; ,,.....,,,,, „ , , , , .. _. -,.A,,. . , ‘, • . . xA _ ._ , ,. ' xt y ,w w ,,,,,--44.:.;S rte' .'fr > l,. ? , b„ - Lehiva Environmental Inc. 1 a ? w" e > �� 083511 053 Bl0rt 3 east,i,' r x 'r; ,rte a�. _:, 3, '', 4x, ,,,It,.. ti"� . .. .rsz -am.:Y, . a. 3- g0N$ y ter,. ' kw i Rubbish can found on norti3 east corner w I. ,;,...,:fAirttil.,ityko,,,,-.%1_,--- -.,-‘,,..:,:,,,.,s,:,,;,,,,,w..-,,,,_ -;.,,,;°,'?"--4,-v. � , ek gi.. . x North west corner marker r , . Z- � 'aT, Sd° : a 'a �} yam. r-.' v' ral„.;., ::. ! a Lehua Environmental Inc. South east corner marker .14t � �' r, fir r- *�- •r fir d" 3 Me �� k4';i,.• b z-Cvw 'tri �' +•ia'A '4n South west corner marker �"A�_ b ,'•y ski � S t t`,I,„� 4f.t ,. tAttf k-t ; South west vegetation Lehua Environmental Inc. 1481-051718 13RAFT Ii NTERNAL SURVEY INVENTORY ,7 ARCHAEOLOGICAL TmK: (3) 2- 11 2-033:° . - ,.,'''''',.1.:::-'-'-',..•::'::''' . - . = _.„,,,, ,z,:*,:;:-.17.37..';.,..'-‘,.',':11.'...111 ,:,',„.-....,.--4.T.-,`,...,..-q---,-,::':.'„.(';,;••'•=: ..' ,;-,r,:Nia":.'1,, ,;:;-L.1-7,.fi';:#"*7-li%::?4,1,477.-*:•.,:t'Y,..'''''',';,1"::::::!*•;-:-:•''''',77. ' ' ' ' ' 7.01-, '''`Wil*-",,-.t1:-*,:w.,„'i'_:-4,.,:tti„Arkiii.,'"' ?t,.' ,,...„,,,•:- - t...t't s,e, ,0,0fr.,-„,-..',,",-,*.4 '.'...-.';'„-..,...r:F..,,,...1:,::,,,?i,:mit,,.,',,, '„ •,' : , ', . „ ,r i., r. ,-, :zi„!•::.;‘,".",,-.:,,,'.-1 ' '' ti'. '''...., :',..rs4„ 1„*"' 2,,.--h144„tre,.. ' ;:.•;:-7.4.'.' '• ',';','"..",:.' ,:'‘, " ''',,': • '' : ..3.--;,.,..i."-..,:i.-::::': .e4.,7, '''''.--•'--,;.''.40-1-,,:1- ''-:','. '' . ' ' ' ' . - '', -:•-i41::°••, ,V."4'''''.,• -):--, -•--Vilik. -, ' -‘-'1:.'''-: ::*:11'.....:''''''' '' '*'r'. '''' '' ''''.. ' :; ,t,'..,N ' ' .$'' ."*. V.4.-::'. ii. 1' - 1 • .,...,,,,,,,,. ' . ....., ...,_. ..,..:.„. ,,.. . ,, " . . .. ..............„.„...,..., .... , , , . . , . . .. .. , ... . .,.. .. . . , , . ..,. „, .. .. .. ..." . , ......... . , .,..,... ,. ..... ...., „... ..,,... ..,...,.. ,_. , .... .,.. ,..., . All_.."uNA ., ,.., ,,..„'. .,,.....,.............--- „........„ wAIAKEA ul- n cul'H H--ILO DISTRICT , ,..., z-.. ,...„....„...,,,_....,,..-. ISLAND, -., OF ASSOCIATESH ".,.: ,,,, -. •, ARCHAEOLOGICAL, CULTURAL.AND1 '' r0RICALpESOUCE::"A: E.'. ._,M..,, ,E.,.N..,.T., PHONE: ,_..S_4:-..:,:.-.,:_-„,E,....,.S 73-4i - KAA0ROAD' KAILuA_KoNH:9R74:808_325-2402FAX” 8°8-, 15.152: .._:......,„,,'11.,,.,;.,..,.,,., ..,. .- EXHIBIT -- C,.,. 1481-051718 INTERNALVORAF ARCHAEOLOGICAL INVENTORY SURVEY TMK: (3) 2-2-033:011 WAIAKEA A UPUAA SOUTH HILO DISTRICT ISLAND 1 F HAWAII Prepared by: Alan E. Haun, Ph.D. and Dave Henry, B.S. Prepared for: COLUMBUS East, LLC 2571 Lemon Road, Honolulu, HI 96815 May 2018 ARCHAEOLOGICAL, CULTURAL,AND HISTORICAL RESOURCE MANAGEMENT SERVICES 73-4161 KAAo ROAD, KAILUA-KONA HI 96740 -' PHONE 808-325-2402 FAX: 808-325-1 520 (, rmx : ( s) z 2 033 : 0z1 Report No �«8z MANAGEMENT SUMMARY Haun & Associates conducted an archaeological inventory survey (AIS) of the 2.57 acre TMK: (3) 2-2'033o11 located in VVaiakea Ahupua'a, South Hilo District, Island of Hawai'i. The objective of the AIS is to satisfy current historic preservation regulatory review invenlory requirements of the Department of Land and Natural Resources- State Historic Preservation Division (DLNR-SHPD), as contained within Hawai'i Administrative Rules,Title 13, DLNR, Subtitle 13,Chapters 276 and 284,State Historic Preservation Rules. The survey identified one site in the project area consisting of a concrete slab interpreted as an historic foundation or walkway(SiteSQ:-.210t:,35-41481:,:2$*j.The site is assessed as significant solely for its information cOntent.The site has yielded information important for understanding historic activity in the area. The mapping, written descriptions and photography ofadequately document it and no further work or preservation is recommended. Four displaced isolated objects were also identified during the project. These consist of a metal gear (Isolated Object 1), a concrete post(Isolated Object 2), and two concrete platforms(Isolated Object 3 and 4).The displaced gear and the concrete post are probably associated with the historic use of the project area; however, the two concrete platforms were brought to the project area in the 1990s and were used to support cooling towers. The_proposed project consists of the construction of a warehouse and adjacent office building with associated infrastructure to be located in the southern portion of the project area. There are no immediate plans for the development of the remainder of the parcel.The proposed project will consist of mechanically grading the project area in advance of the construction activity. Siteq/J.81_.2 will potentially be impacted during future development. This activity will have no effect on historic properties because requires no further work or preservation. Cover photo: Veomtotionmeastern portico of project orea(view to sooth) 1 All sites listed on the State Inventory of Historic Places Ca sequential numbers by island:50= State of Hawai'i,10=Island of *awail, 35=Hilo quadrangle, number HAUN 8c ASSOCIATES | ii I,tl K : j 3 ) 2- 2 - G 3 3 : 011 Report N o . 14 3 Report , •. Contents MANAGEMENT SUMMARY it INTRODUCTION 1 Scope of Work 1 Project Area Description 1 Methods 6 ARCHAEOLOGICAL AND HISTORICAL BACKGROUND 8 Historical Documentary Research 8 Previous Archaeological Research 17 Project expectations 19 CONSULTATION 19 FINDINGS 20 CONCLUSION 30 Discussion 30 Significance Assessments 30 Treatment Recommendations 30 TRANSLATION OF HAWAIIAN WORDS 31 REFERENCES 32 Figures Figure 1. Portion of 1995 7.5' Hilo quadrangle showing project area parcels 2 Figure 2.Tax Map Key 2-2-033 showing project area 3 Figure 3. Proposed development within project area 4 Figure 4.January 21,2013 Aerial view of project area(from Google Earth) 5 Figure 5.Vegetation in western portion of the project area(view to east) 7 Figure 6. Modern debris within project area 7 Figure 7. Portion of Lyon's 1882 Register Map No.892 showing approximate locations of project area 12 Figure 8. Mid-20th Century map of Hilo 14 Figure 9.January 16, 1965 aerial photograph of project area 16 Figure 10.Previous archaeological work 18 i ure'11 3Site locat on iiia" 21 Figure 12 Site 14812 plan map and photographs 22 Figure 13.Test Pit 2 profile and photograph 23 Figure 14.Isolated object 1; metal gear(view to east) 24 Figure 15.Isolated object 1;metal gear(view to northwest) 24 Figure 16.Isolated object 2;concrete post(view to northeast) 25 Figure 17.Isolated object 2;concrete post(view to south) 25 Figure 18.Isolated Objects 3 and 4lan map and photographs 26 HAUN &ASSOCIATES iii T rvi K 3 ) 2 - 2 -03301 .1 R eport Figures (cont.) Figure 19.Test Pit 1 profile and photograph 28 Figure 20.Metal rod and copper disk from Test Pit 1 29 Figure 21.Metal rod and copper disk from Test Pit 1 29 Tables Table 1.Land commission Awards in Waiakea Ahupua'a 9 Table 2.Previous archaeological work in Waiakea 17 HAUN &ASSOCIATES I iv T i °2 - 2- ..'3_. . l: i i - sP-t �No f� i;,,O,5,1. 7;4.:taxi INTRODUCTION At the request of Ms. Fumiyo Okuda of COLUMBUS East, LLC, Haun & Associates conducted an archaeological inventory survey (AIS) of the 2.57 acre TMK:(3) 2-2-033:011 located in Waiakea Ahupua'a, South Hilo District, Island of Hawai'l (Figure 1 and Figure 2). The objective of the AIS is to satisfy current historic preservation regulatory review inventory 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, Chapters 276 and 284,State Historic Preservation Rules(DLNR 2003). The developer, COLUMBUS East, LLC plans to construct a warehouse and adjacent office building with associated infrastructure within the southern portion of the project area (Figure 3).There are no immediate plans for the development of the remainder of the parcel.The proposed project will consist of mechanically grading the project area in advance of the construction activity. One archaeological site was identified during the project consisting of an historic concrete slab(51t0 1481.2).This site was recommended for no further work.The site is located outside the area of proposed development but may potentially be impacted during future development. This AIS is prepared in conjunction with a Special Management Area (SMA) permit application for the County of Hawai'i Planning Department. The survey fieldwork was conducted between April 13 and April 18,2018 by Haun &Associates Project Supervisor Solomon Kailihiwa, M.S and a crew of four archaeologists under the direction of Dr. Alan Haun.Approximately 16 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; 5. Analyze background research and field data;and 6. Prepare and submit Final Report. • Project Area Description The project area is a rectangular shaped 2.57 acre parcel located in Waiakea Ahupua'a between approximately 15 to 20 ft elevation. All elevations presented in this report are in feet above mean sea level (AMSL). The parcel is bordered to the south by Piilani Street and by vacant land to the north,west and east.The proposed extension of Mililani Street will extend along the west side of the parcel and the proposed Wehilani Street will extend along the north side (see Figure 3). Figure 4 is an aerial view of the project area vicinity taken on January 21, 2013. The Waiakea Fish Pond is located to the west of the project area. HAUN &ASSOCIATES 1 TReport da . 1 481 HONOKAA '', ,`, H,. �1a�i�+ick F ?r7Mi _ =_ H)LCJ ,� ' , .' b 0 ,=I o=ff KAIL.tt# � ,ix:a F 3 €'gat t ,� t 1 it PAHAE k ; `r` ia' it z 4 a : i. 1-s � � ,� w -K �Tl = Y lry 1 ; !L -r•1. 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Portion of 1995 7.5'Bila quadrangle showing project area parcels HAUN &ASSOCIATES ( 2 ; -.... - ; .. - ../`.---- „,,. ‘i 1 ,.., 2 t'I ...,, ..... ,r t 1 11 ' 1 i f......., KANXL0L.,,xii " r" I . ... ••0 r 1 TnEE.f .6.......••••• • ,17:'''';'7,=,",'"";')..."' i i CD– r '' ":" - i • ei •V• S ' ' Ji, iyi 1 ' ;4' .f.:1 ,3;,- ei, e. ',,i I Ce,4,61,7.el g 1 ,>' ¼ C -X11 ,,- nosimirq. 1 ! t ,1 , creke.,1t.:1 Ji 0 A5. 1.1 Z 4 ' .• I ; tc .....,s,.; ; ,F 4 -i Jfc,o1. it i ! A 1 , "al •P Y tveRmort.,,,,Qam err ,,,..::40,,,./;,:zrz., . I 1 4. eil zi :2. -'c..,- . tms2 I Ili I , t,I 15 • ; ..1 U• ' ZZ : i 1 :, V f,. :')) .X 1 €,' ''''-7•;' .E.I i i 1 A 1 gIrf, ' dr.av,-,zz' 1 , . : , i I 7.4 aofoo '1' 1' * 1 ,1 '1.; ftlat! 1. ".., _ __ _ > 11 ' ' -.;;; • C rAII,' 14//LAN/ 9 roccr ,1 1 ''' Z ';" — -- „--- -- •Pl.:,.K ,Z" „;.,.,1 Xr...,,, N., It I 1 — Pp Ifl I" ,': , .1 44 cn 2 • 1 (1) 41 1.'1 O . TKI-Wb';2;11;1510H OLAT ,i ;t a E, 33 i i ,..,. —1 n p., cn 47:4fIss.;.f;-,.z.7.7-z7rz•f.,-.77.,:=7- 7-77:v,,,r,f7P-,----:-"-17.:-`tf-:::`,11ff=:77z't::"""'''',,,,,-77,,,,-.7:;---r-7 =7-,z,v7:-,n-..7,--.7-7,7,-,7,7,..::,;1,,..::::7,,,,,,,:,7,777.7,17=-.-..:- -7.--,777--,::7:z.;-7-..-:f.-7,7z7,-- -:-....:7:::,:::-,•-,7,:z:—.--"-..r.-.7-‘-.,.. ;--..-,,, If _ 1---' (.,.) Figure 2.Tax Map Key 2-2-033 showing project area Hz 11 '1;i ' .• 1•-- I I N.) fl: PIILANI i i —---4----a-Z---I PARTNERS,LLC ,,,i ,•,,..v..,•. . I . •''.t 1 c.r., il 1 I • ; , , IA; - , ,.'•1 . t•' ; - i '''''' ISM. _ • I , • , I '-'..-1003 1 i EC," 08 00 IOW eser _ILI_._113 1.1 — . 1 f-I ' il• ".''.:, . ',...1.,..•IM. Iikev...... .. i ,.t .. ' , 1 go v4 1 Issas I 'z . 't 3-• I • 0 II51 SO.i9 n . F— T'->r.. ,L, 51! „ ,,•7•• , 2-2-On.<>IF k :„II ' , I ' 1 i,, , $, • 1-i. 74-Annz•$.7.4L-20 -. if: 1 b I fl-)11 g .— .•-, • -a 6: • .1.... 'T. , '• ..• i• • t'D : .•- „ . 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I VI U) -.,1,1---;-,L=:.,:t.; -7.,r,':.7-7.,:-'72.7:-.,`-'-'77:7L-.=.7.,.2::'.t.7...,c,7•,-.7 7,..Z.=' '..7.Z.f:"..:72. ..77.7'...'".1!;,:.7.1,T.Z-.T7S•r,::.:'1=7.-.7,'..77.''...r.,;-''Tz,n'...,—Vg7.•:,-,;;;,c ^ :•-,:tr ...,77,777,77:g7.-..nr-- ..:7-, "7:=,--,7;•:;.::;,,,z.,-;.,,,...z.;;:,,,r,....-7,,,,,v:,,,...-7z77;;,,,,,,,:, i t:''t -F- Figure 3.Proposed development within project area ._ _. . 1 ur ,- 1,s p r a�� Ear � wl ' W SS � � �'-'-'-''''.05°'''''''''''''''"''' xk x - - . ` ° rxw: area jccxk z� +r ia�nm r * � : t tYeyr ' } KF Y=" !a . �N, ms ` '44Y G.... {4t , ,,,,,42...!!,-;1.1,4,u�. t ` ° :""t°�t 'znt ffirx. , sr„ i�. y,. $ 4n i � gyp r a ,.,--'.-/-%y . ,-•'----� r.1",1u '-nl ,,"r^,'; ,aua'k 2 >a. ';•,4,;,*'''''''” j`'''.n;`-,4,� 4Cc`�,aw'i .7 "[w� e. Ma.e.. $ .#t1,4 ..-5Y �„* "R. fr ; j34 q ""k� • " ' 1 •'•'.- rk itr f wrote- ,'4. iR44rau, d -`' ,3 "';= ,_�°t q ' 11 x iro fl:,,,,,-,.:5:4,!7,,....•,-,4_,•.:. r.>k lhr • �,Y .. h . q.,p'., ^b '.trt 'L3 5 Ti�..`a M 'S °' 1• •w...... � "` „..-:..,,,.?:14,17.:-4. --1..:”. l xw� m d ��" F =K ._..., 3 r >r ^t,i a&4,=..,w�h;ii1 �" �_�� Figure 4.January 21,2013 Aerial view of project area(from Google Earth) In No . 1 48 u51718 The vegetation in the project area consists of bingabing (Macaranga mappa), tropical ash (Fraxinus uhdei) and banyan(Ficus benghalensis)trees,areca palms(Areca catechu), and various grasses and vines.The eastern half of the parcel is comprised of dense grass and trees that have been taken over by vines (see cover photo of this report).The western portion has a high canopy of trees with little grass(Figure 5).There is modern trash scattered throughout the parcel indicating the area has served as an informal dump for local residents(Figure 6). The terrain throughout the project area is relatively level soil.The soil is Keaukaha extremely rocky muck on 6-20% slopes (rKFD). This soil consists of a surface layer of dark brown muck (8") over pahoehoe bedrock (Sato et al. 1973:27).The Keaukaha soil has rock outcrops over 25%of the surface, has a rapid permeability,a medium runoff and a slight erosion hazard. It also is primarily in native forest with cleared areas suitable for pasture. The underlying lava was deposited 750 to 1,500 years ago from Mauna Loa Volcano (Wolfe and Morris 2001:11 and Sheet 2). Annual rainfall in the vicinity of the project area ranges from 3,550 to 4,400 mm(140 to 173 inches;Giambelluca et al.2013).The mean average temperature in this general area is approximately 73.8 degrees F(usclimatedata.com). There are no surface water sources present in the project area. The project area is located approximately 600 meters inland from the shoreline at Hilo Bay and the mouth of the Wailea River(see Figure 1). Methods Archival research was conducted at the Hamilton Library Hawai'i and Pacific Collection at the University of Hawai'i at Manoa,the University of Hawai`i at Hilo Hawaiian Collection,the Land Survey Office and the Archives Division of the Hawaii Department of Accounting and General Services, the Bishop Museum Archives, the State Historic Preservation Division library in Hilo, the State Survey Division, and the Hawai'i 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 to excellent.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+1-3-5 m.This accuracy was 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 the sites documented during the project 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.The sites in the project area were documented by preparing scaled plan maps, completing standardized site and feature forms,and photographic documentation. A total of 2.0 sq meters of excavation was conducted during the project.Test Pit 1 was situated in the southern portion of the project area and Test Pit 2 was located adjacent to the Site 1481.2 concrete slab. The test pits were excavated in arbitrary levels within stratigraphic layers.Test Pit 1 was terminated on the bedrock substrate and Test Pit 2 was terminated in a culturally sterile deposit.The soil removed during excavation was screened through '/a inch mesh hardware cloth. Following the excavation,a section drawing depicting the stratigraphy was prepared and post-excavation photographs were taken. The test pits were described using standard terminology, referencing USDA Soil Survey descriptions and Munsell Soil and Rock color notations. Texture and inclusion content were also noted.Cultural material recovered during the excavations was placed in paper bags labeled with the appropriate provenience information and transported to Haun&Associated laboratory for analysis. HAUN &ASSOCIATES 16 T tb1 K : ( 2 . 2 - 0 3 3 : 0 1 1 ". e p o r t ra . . 1 4 8 1 -'0 5 1 7 1 E' ,,.. ,,,,teporio44::74o:,4,,,,,_,.0.,„„.„-:t.--,371'f7t;T:77,',-;r"--",-;`x-ii7v,i-,:t;:ii'i.,;;":fii'T:i't-1,17;;:i7s-di,„,:i..,3i;*.7;;:!_,,,,:4."Fri:‘,14,1";;,.;,,,;.;70:;;-::::?.- 4,,,i,,...i_ it''''A'7.:'il..411,7'kk,..,i,j,...i-iii!,,6iAtloik.,;--•:,-,....;4 -,,,,,,-..4.,1k4.4.,7-A.- I..i.,:i., . .„.4..i.,..,,,, _,...„-?1,,t.., , ,;..„.i.. .„,./e.,. -s ,v { ti „Till, -,:q:-,-. r a "r , i- a ^y e `fit 34 v a , -.1r; x▪ "� g ij 1 r j {n4 t � i,„�, '1 r4q 4 '� vt 7' i ii ('e 15t' s .ii - gI ii 11 Mr1 Ates''' 7 ” t w«, z tid' g as�d till vy. =R + 01 1, If• t -11,40 �q „ .. � z4, �� 3$ � �� E �� Yfo �4, # 4y$ s„4t it ig, iE 1 S #= • F l� gYY \€*#4a• X( l � i .1_,-.,--...rt..,,,,,,,-,/-,,,i,' ' ySH L,...,,,i,,,,,o?,..,,,,,, w-_a'^l' fi r4 Figure 5.Vegetation in western portion of the project area(view to east) 1 at ff ,p).,.:X 3+4 Win* n',14��,le ' 1 i z r .-14 ' t<# }y , .,\ „ 1.0,0„, ro1R`,'-,;-,- ci.„, -, .;,,,, - - .,.. . ,r-roif---em, - -- � 3 }�e7 wv-it i1t. %., A tti p { • '' .i r I 40'.:',',.=051:'4t V i "$.4i7, s, 9. f'''':C5:: �,. t^ d F ( J S t- R .3Y' `r �;,�r..i a”,:. 1- t#a ". .t r� + S ''r: i-.44 i - .2 (0 3 3 : O __ p o r ; 11 0 . i. 4 8 1 ARCHAEOLtGICAL AND HISTORICAL .ACKGROUND Historical Documentary Research The project area is situated in the ahupua'a of Waikea in South Hilo District.The ahupua'a is one of the largest in the district covering over 95,000 acres.The ahupua'a extends along the coast from the west side of Hilo Bay to the Puna District boundary and inland to approximately 6,000 ft elevation. Much of the following is summarized from Hilo Bay: A Chronological History (Kelly et al. 1981), an extensive and thorough compendium of historical information about Hilo including Waikea. Hawaiian traditional and legendary accounts attest to the longstanding importance of Waiakea.The chief of the Hilo region, Kulukulu'a,who resided in Waiakea,was the first conquest of'Umi-a-Liloa in his campaign to unify the districts of Hawaii Island. Hilo with its large bay, fishponds, wet taro fields, and abundant freshwater was a population center for commoners and royalty. Kamehameha I and his court resided in Hilo in the 1890s. In preparation for his planned invasion of Kauai in 1802, Kamehameha built a canoe fleet at Hilo, reportedly consisting of 800 vessels. In 1824, a missionary station was established in Waiakea. Soon after, churches and schools were established. Whalers began stopping at Hilo in the mid-1820s. In the 1830s, a sawmill was built, and two stores were opened. By the end of the decade, a sugar cane plantation and mill were established on Ponahawai lands. By 1857, there were three sugar cane mills in the Hilo area.A sugar mill was established in Waiakea at the inland end of Waiakea Fishpond in the late 1870s. By 1880, 1,400 acres of sugar cane were in cultivation and by the end of the decade over 5,600 acres were cultivated. In the 1900s, the population of Hilo grew.dramatically with the expansion of sugar cane cultivation,pineapple production,the timber industry,and other commercial developments. Early historic accounts also document the importance of Hilo2In 1823, Ellis estimated the population to be 2,000 people in 400 houses. Ellis described the extensive use of lauhala thatch in house construction in Hilo. He described the land as intensively cultivated with plantains, bananas,sugar cane, taro, potatoes, melons, coconuts and breadfruit.Wet taro was grown in marshland mounds (kipi). Hilo was a center for trade among the people of Ka`u, Hamakua, and Hilo. Between the 1790s and 1820s,sandalwood was cut and brought to Hilo for export. Pulu from tree ferns and pia(arrowroot)were also exported.Ellis also describes coastal fishing. In the 1840s, political acts of the Hawaiian Kingdom government would change the land tenure system in Hawaii. All lands were segregated into one of three categories: "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, Beamer`2014:143). 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 10`h 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 Mahele. In 1850, the Kingdom government passed laws allowing foreigners to purchase fee simple lands (Speakman 2001:91). The Kuleana Act of 1850 allowed for fee simple land ownership by commoners. 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.) provides information on the Land Commission Awards(LCA) during the Mahele The Waihona'Aina database (2000)lists 51 parcels claimed by 37 claimants within Waiakea in the mid-1800s(Table 1).All claims are for parcels HAUN & ASSOCIATES 18 \ . • --I • Table 1.Land commission Awards in Wai5kea Ahupua'a _., ,-.;.:::',mva.t.aig1417,171,,egegow ougiw,c,iit.004,1iii,,w.,40mNtart,;44,036,41,,,: 1,,..4.v4 ra",---,.. s„,.P•,14.,-,,ts,,,\.-,'.,:9-0 w-`.'&04 bti talle*te ;-.-•it,10' ntrFla 'et#ta&fl,,a,rA, 9 won 4r4,!Ag " . 14,#.4 NIPPIIMPLAMrifinfit ittiNVil"tliM 1W,Ma4-•4i5 glAw4v1,4,Age&451f01-,r'0064 AftVve0 ri,solovra-,P Ao,,,,At4 f-0 aiS,AP OW AP4#*T:11 ;,044,:ike,4P4WOrf,‘',Wa "- -,,,,,,,,,,,,,,,,,,,,,,,*,1....loo,,.„4,,,,...e,„.,,,...„,.p..,,,zie-,.,4„,,,,,t,„„:,,;•Qi..Lzko.,...ft*,ara,,,,.,,,,,,,,,twAtt55-4,1m,,,.,,t4„:-,,..n.,,,. ,,„,x,,,k.,,,,,,,,,c,.,„,,,,,,,.tu,-- id., ,'',,,,, 4, ,..,.,,,,,„ ,,,,,,,..,, .,., •,',,I.,' ,',,::' .,,-\•'--= - ,. g'.,' ,.,...= - ,,,,, 18 Mahoe 1 I Keawe Kane cultivated Konohiki's waste Mikaeleikl land. Kainea Kainea Konohiki Pea 4.46 r...s — i's 11' Kapu 1 1 11/0 cultivated,partly fenced Ka ulu Kamanuttaku Konohlk- Kahle Parents 1.6 waste land n..., . 1198 Kalh1 enui 0 N/D tell N/0 N/D N/D N/0 N/0 N/0 N/0 2101 11 Kaheananui 0 Alenoho house lot N/D N/D N/D al/D PI/D ta/D NA) Ce7 cks 1106 Haae(John 1 0 Kolea cultivated PO N/D-- N/D N/D 9/0 N/D nut 1279 S.Katona Halal 1 1 Kolea Maiming plot Konohiki ocean Kekuanaoa haihenui's hosne 1847 Kapuankuni 0.6 C. --, 1333 Kololo 1 1 Alenoho cultivated field Waiiani Ka hauai Kaluahino Kahue , 1840 Kulana 2.25 -. 1335 Kaheananui 1 0 Alenoho cultivated field Kukuau Manu Kalana Stream Kahue 1841 Kaiana 0 1 . 1738 I.Ka huhikaua 1 Kamakola cultivated with 6 houses III Ohelo Pouokl's field Mihaeleiki road beside river 1843 Konhiki Pea 2.98 2274 Ka pua akuni 1 0 Puainako house lot with 2 houses, waste land road to Volcano waste land waste land 1847 Ka unuohua 0 grave 2281 John EL Kalana 1 1 Alenoho house lot Kaapa new road waste land waste land 1847 Kaunuohua 10.25 partly enclosed with 5 12.25 Claimant was District 1 school 2327 Barena ba 1 1 Kalihi III Mancha ill Kolea Ili Koloa stone wa II/gov't land 1841 Pea 1 supervisor houses breadfruit tress,sweet 2338 Sarnuela , 0 Koleaild Kauhopu III Koleanui III Kalili Ili Alenoho 1847 Konohlki 0 potatoes,coffee _ 2402 Keoniho 1 1 N/D 2 klhapals;hula grove Kukuau Ahupua'a konohlki Kahue konohlki 1844 Kahue 5 , • 2603 Napeahi 1 1 Kialoa 1 house lot svith 4 houses; konohiki lk Kinaauauwai konohiki It Kettle's 2 Kans.1 time parents 2.3 breafruit and kukui trees 2663 Kahue 1 1 N/0 N/D Keaniho korsohlki konohiki kevnldki 1844 Kaiana 3.75 3872 Peke 1 0 Alenoho 2 cultivated fields Aiko stream konohlki main road 11/0 N/0 0 39968 H1 ewahewa 0 N/0 uncultivated konohiki konohiki konohlki konohiki 1847 Kamairlai 0 Hinaauauwal or 4004 Hale 1 1 Ili Haanammuwai 4 killapal;two houses konohiki konohild Ili Kialoa/Kailsolena Kam.1 time parents 4.35 Manilla ausaml 5 1st holes Kam.1 time parents 1.22 1 house lot with 3 houses fiarenaba Ilarenaba Sarnuela Keaonui Unclear which section 4344 Kuala 3 12 mcultivted field Barenaha Sauela III Waiuli Kukalholo awarded 3 uncultivated with one house Ili Walenoho Pahults konohiki Kupelea 4737B 1 1 Wahine Kalonoho cultivated with house govt land gaol road Moealoha konohiki Kam.1 time Ma kaimo 1.01 4737 Moealoha 1 1 Kalonoho _ 3 field&1 house Kaiana Alansti Baranaba konohiki 1839 Makaino 1.03 4780 Naka I 1 1 Kanahana 3 wet tam plots&2 houses fishpond Ili Kuahua konohiki III Kaapea 1834 Kuahopu 1.05 ra 1 73 > 5018 Keawe1 1 Puahua 2 cultivated fields konohlki Ili Kialoa Nakai lb Hanahalau 1641 Konohiki Pea 0.24 o C 2 Pioplo 13.24 ••-: Y,olea Kaihenui Niihau Kalua 1 4 cultivated klhapai&2 houses 6 1 cultivated klha pal Kekuaaoa's garden Kaaiana Kai he Kalhenui a > 2 5157 Kuahopu Awarded 2 apana . 3 (1") 1 kihapar taro mounds Niihau Kane N/D N/O , u) 4 6 taro mounds Kane konohlki Kauhi Kalamo _ r 0 5 uncultivated idle land Idle land Samuel° Ili Alenoho Y2 0 2 cultivated fields . Kahalelalu idle land Samuela Kaihenui 6 7713 Karnam1 1 ulu Piopio N/D N/D N/D 14/0 N/D N/D Karnehandrea I Awarded entire ii,' _ 0. 8081 Hewahewa 1 0 Kalulunui 2 cultivated kiliapai,road ...... konohlki konohiki konohiki konohiki 1847 Kamahlal 0 Awarded 1 parcel in Kenau hi,s ' through lot '.-....1 (f) pasturecultivated plot2 8802 Kane 1 ,houses ,'0 Ohualolo Idle land Idle land Idle land Idle land 1843 Barenaba 0 .r•-•ss --, .0 VD 8803 Kamanoh1 1 aka Plonks ' 3 fields Kuahopu Levi fishpond Kauhi 1845 mother 1.02 8811 Kilioe1 0 Paaloa cultivated idle land N/D 14/0 Idle land 1840 father 0 . , • i .. • . .. •• . • I —4 . I ..?:,. • ' - I , I,...,... . t..,.., . -..... ro 1,.., U) LO Table 1.Land Commission Awards in Wai5Icea Ahupua'a(cont.) Cl ,-. - ,,,,--,-,, ...,.,i,..4,--:-,,, ,,,,:,,,,,,-,4g.w.c4r-.. 064-iF,•0.t.11'Tz'''''''''ill v.,,,,viii,A,iotiwifieiiirrAglips t.,.:-.wou„,,,,,tiri,:d,,,..:,tit,..vans-4p4,14,,,,..le-ik ! ;,.i,',A'at qtr&t4040';::01,EAUL-04,k;.;..A)•-traMrapo,..,04-rmt,19,w;•,,e,‘,,,,,,,...-A,4.4.f„., .0,,,,,,,,upoopy,ii,,,,av,„,.,tey,,;„46*,.,,,--A k-algdYinqi 44Iti vF61-44.1 6'06,1--pkory a.y,,,I,..,400,11tnoil.w.qt,-.::**N i RoollV4474a''',4 3141frOlf,o0004*fiaitmaaizto...,„ilie 44.44.? ,,,Tood,-4,7R1s,*<.•4 lot. ,pt ,,,,„.,_ .',42 -..,.•e,!,....,,,,,,,,,,-.,,„„..,,,..,,,,,,,,,,,,,,.....,,,,,,,-^,Z.: ,,,,,, -,‘,,,•, ,• -, , , , Noble, Kam.II time parents 3.4 1 house lot Kaulu Kamanonaha fishpond Kauhi 8854 kaiva 4 1 2 cultivated konohiki konohiki Kaehunui cart road 3 - 3 cultivated fields Kuahopu Kauhi Holeaniu Kuahopu 4 1 cultivated field Helenui Kuahope konohlki Niihau 8868 Kapaakiha 1 0 P ul u formerly cultivated N/D N/D N/D N/D N/D N/D 0 Paiaahu 1&2 _.-- Wahinenohai as N/0 hilo 1 uncultivated Kona Nuiha a Kaniahlai Ma nokaka 9982 Levi 4 1 2 partly cultivated Apua Nuihao Kaniahiallo Apua Unclear which parcel awarded • 3 partly cultivated Aua Nuiliae Kaniahial Aua 4 uncultivated Apua konohiki fishpond Ili Pioplo 10004 Laholhilo 1 1 Paeaahu 3 fields&house Katnaheii konohiki fishpond Levi Kalalopuu time N/D 6.9 Kolea 1843 Ka papa 5.19 Awarded 2 apana 1 110508 Kaiheeui 2 2 house Halal sea Barenaba konohiki 2 1 cultivated field 81 house Kualiaupu konohiki cart road Barenaba 11173 Wahinealua 1 1 Alenoho 14/D Keallko Beakey konohiki eov't road 1834 Maalo 2.5 1 11174 Keallko 1 _ 1 Alenoho N/D Wahinealua road Barenaba Alanui Aupuni 1834 Maalo 1 C 0 ru 11'1-11 ; Z PD 1 I 2 H (r) i ,-- (r) 1 4- 0 - o i k-, --, > ' Hca. M. -- W CD , . . 1 I( : ( )2 - 2 - 033 : 011• 41 Repot N ,. . 1. 48 - vj I r situated along the coast and immediately inland along the lower reaches of the Wailoa River less than 0.5 mi inland.No land commission awards are present within the project area. Twenty-six parcels were awarded to 24 claimants.Chiefess Kamamulu was awarded the entire di of Pi'opi'o under Land Commission Award (LCA) No. 7713.The remaining claims are for kuleano parcels ranging from 0.24 to 13.14 acres in area with an average of 3.6 acres. All, except five claims, were for single parcels. The testimonies for several awarded kuleana include claims for parcels that were not awarded. The claim testimonies refer to 18 ill land divisions. Five iii; Kalonoho, Alenoho, Kolea, Pi'opi'o and Paeaahu; are mentioned two or more times and apparently were linear strips of land extending inland from the coast. Pi Kalonoho was situated next to the western ahupuo'a boundary with Kukuau.Alenoho was the next ili to the east followed by Kolea, Pi'opi`o and Paeaahu.The latter two ill bordered the west bank of Wailoa River and Fishpond. Six Hi for LCAs on the east side of the river,from the river mouth inland, consist of Kamakola, Keawe Kapu,Kialoa, Hinaauauwai, Puahua, and Kanahana. Kalihi was situated inland between Alenoho and Kolea. The geographic location of the remaining ill cannot be determined because they are mentioned in testimony for claims that were not awarded. Land use described in the LCA claim testimony included agriculture, pasture, burial, and residence. Thirty-four houses are mentioned and LCA 2274 also describes the presence of a grave.Most of the claim testimony mentions cultivated fields. Crops include wet taro, sweet potatoes, breadfruit, coffee, and kukui. A hula (Pandanus spp.) grove and fishponds are also mentioned. By 1857, there were three sugar cane mills in the Hilo area. Large tracts of land were put in cane cultivation and sugar cane was also grown by individuals around their houses. A sugar mill was established in Waiakea at the inland end of Waiakea Fishpond in the late 1870s. A railroad transport system was constructed for the Waiakea Mill between 1879 and 1880. Figure 7 s a portions of Lyon's 1882 Register Map No. 892 obtained from the Archives Division of the Hawai'i Department of Accounting and General Services (http://ags.hawaii.gov/survey/map-search). This map shows the Waiakea Mill, located to the southwest of-the project area,a wharf and the extent of an 1881 lava flow from Mauna Loa that threatened Hilo. Between the 1860s and 1880s there were two wharf facilities on the west side of Waiakea Point, one on the Wailoa River,and on the west side of the bay at the foot of Waianuenue Street.By 1880,1,400 acres of sugar cane were in cultivation and by the end of the decade over 5,600 acres were cultivated. In the 1900s, the population of Hilo grew dramatically with the expansion of sugar cane cultivation, pineapple production, the timber industry, and other commercial developments. Between 1900 and the 1930s, the population of Hilo grew dramatically with the expansion of sugar cane cultivation, pineapple production, timber industry and other commercial developments. In the 1910s, the Hilo Railroad Company expanded the rail system to Puna and Hilo Town.A railroad wharf was built north of the mouth of the Wailoa River.Between 1909 and 1913,the railroad was extended to the North Hilo and Hamakua Districts. The opening of the Panama Canal and anticipated increase in trans-Pacific shipping lead to serious efforts to build a breakwater to protect shipping in Hilo Bay. Construction of the breakwater began in 1908. The breakwater was initially planned for a location just east of Coconut Island, but the plan was modified and the selected site was approximately 6,000 ft east of the island.The initial plans called for a 10,000-ft long breakwater along Blonde Reef. Stone for the structure was brought by railroad from quarries in Puna and Waiakea.The breakwater was completed in 1929. HAUN &ASSOCIATES 111 j i '" 42t t i I < t F.') \ IL. b F r �.� te7v aTa y Lab-kith.. i ,.r..:3 p,., Wharf l+ 4a i .ffUo /1,.,,,—;4 ,F'c,.a a?: f �ju!i., ` �, w r 3, •ea ewt ,1;� j(, 11\ P l r.,,...�.. 'a l' 05),,,,,ar %'w',« k i 1 l h$oatllti }JY a,r" tvl p sNI1T DIC 1.)s at ion lel vErsje t ataa rsr can .a 1 �. y • I fh..a ..• + t ' x:Ir ...k,.-- ur Asx ems` ✓� a I g ✓f P f/' 3.4., t`F.,..,..;,, 1 IY' 1 i :'mus ; c/' I I 1;-.4'.-- .1�. r.t. 11 t '.. �,!-�'�'9f f7I I .,,, i 1 is r t Y fA.+e— .._ rsSJ.I -yam,— _ V Y--- f1 .3 f1�' .,'�f f— i I r.-'''-,..� y u+." „.f' r ~7...,.t 1 i ".1eli- ''!i �J'• --.y 3,-1.d-- . 1 :•. 4 I �I«/ti'l / f Geor rlr� %j{ l ) './1 ff� I G'•r � •i.�j } .Y `z C 4\f 4'''r'`za. ,,� '" r i f'r ( `-� ( to •• C}� ~ t ,- ' I D u of riy l t o. ' _ • al , S; 57. 0 tFr Cr1 Figure 7.Portion of Lyon's 1882 Register Map No.892 showing approximate locations of project area 1 1 J .1:.r N J T Vi 3 ) 2 - 2 - 0 3 3 : 0 1 1 Report No . 'L 4 d.. "1;;;;7;, 'is By the 1910s,the existing railroad and government wharf facilities were inadequate to support shipping. In 1912, the Territorial Government contracted the construction of a new wharf approximately one mile east of Coconut Island and dredging of the adjacent portion of the bay.The new wharf, designated Kuhio Wharf,was completed in 1916.From the beginning,the wharf was congested and plans for a second wharf were made. Construction of the wharf began in 1921 and it was completed in 1923.A third wharf was completed in 1927. In 1932 a Canec manufacturing plant was constructed along Waiakea Pond, located between the Waiakea Mill site • and the project area.Canec was the brand name for a fiber board made from bagasse,the byproduct of sugarcane. Figure 8 is a mid-20`h Century map of the Hilo area prepared by the Work Projects Adrhinistration (WPA) showing the location of the Canec plant and the project area, obtained from the Archives Division of the Hawaii Department of Accounting and General Services (http://ags.hawaii.gov/survey/map-search). The map also shows the railroad line extending past the project area to the west. The following description of the Canec plant is provided by Peter Young as follows: Between 1879 and 1948, Waiakea Mill Company conducted mill operations at Waiakea Pond. Bagasse—a by-product of sugarcane—became a secondary industry,first as a fuel for the milk' boilers,then as the main ingredient for a wallboard product. As commercial fuel oils became increasingly available in the late 1920s, the use of bagasse as a • fuel declined.This byproduct of production was then creatively used to manufacture a wallboard product for construction. In 1929, Hawaiian Cellulose Ltd, a subsidiary of the Waiakea Mill Company applied for a patent for the manufacture of it. (County of Hawai'i) On May 23, 1930, "The leading plantation agencies and a group of business men organize a • $2,250,000 corporation for the manufacture of wallboard and other universally used bagasse was the Hawaiian Cane Products, Limited." (The Friend, June fiber products. The name chosen 1930) Later that year, the directors of the company "authorized the purchase of a one-hundred-ton daily capacity plant for the manufacture of insulating board from bagasse." (The Friend,October, 1930)(It ended up costing$2.5-million.) April 27, 1932, the company's Hilo plant (at Waiakea, adjoining Wailoa Pond) was opened; the company emphasized "the overseas distribution for which the industry aims." (The Friend,June 1, 1932) (By 1934,"five carloads were shipped ...to Manchuria."(Friend,July 1, 1934)) Canec was originally the brand name for pressed fiber board made by Hawaiian Cane Products, Ltd.,but it has become commonly used to refer to all pressed board of this type. It was formed into sheets similar in size to drywall, as well as other sizes for use as ceiling and wallboard. Canec was used for interior ceilings and walls in many residential and commercial • structures throughout the state of Hawaii.(DOH) Reportedly,Charles William Mason,a Scotsman who ended up in Ola'a on the Island of Hawai`i in 1919,was the inventor of Canec. Mason became the superintendent of Hawaiian Cane Products Company,Ltd., located in Hilo near the site of the Waiakea Mill Company.(Johnston) The use of Canec as a building material in Hawai'i gradually expanded during the 1930s, but greatly accelerated after World War II when construction volume rapidly increased. HAUN 8c ASSOCIATES 113 ollH io dew/un;uaD gloz-pm•8 aJn5H ,.--. .'Lli 31N I '1° ''.1•1‘11°4 .°N 1M°H 5 '---, .Irtilli,40-;4:,,.,1:4 — • x (1) liVAAVH , 1 ,' 1.0 01W JO 20 U1W144:1D JO Nat11,4V1-1 1 ---ir . .., \ ,,.,, ,„ H ,., < . •. 4, I 11 Ii f+,', f 01111 V d/IA ', ••••••• ,,i, \ , i i p t., ' 1 j. , , , U CO ' , , \ ,,•.--',`, 0 , ,,,. ;., ., \:_=_-,,-.:::,,,f_.....—rif_:Lir rxr.1_if_...,, ;! „.,,,,,, ,., , , (.1) k,-1, _ ,. ft N 1. I ,.. „: 011 H JO ciVI-1 133 _I.B i .„,-;/ ii 0 , - \\ r' fi j 1 <C ....,..-_• ,.. • a ' i , 1 r `C • 1 i• • ' ','.44 ‘ •• / 0 , I f 4 Z ...) ,) ..t. . ', 1 74`-li-'11. ir--If!--- 1-‘,, ,„ a i 1 4 4 t 1 ; t'; d :1 1, I ,, (-%_.../ , I il ', , 1 1,, ) \\ ,,,,,f,,,A)4\‘-k:,,‘, .i., 1 1 1 i 0, -"-'-q-c.' ' „....- , ,,,,, 1 i,,N'f',..H 'A-....I.kw..----1=-I'k"-Isx 4-=',-..--0' ,) ..... \'''' ',” ',.. . 'V:,-,'•. ,,,--'' \,,, \, ,,,,, , , i , ) / 1.1 I N . . . .11 ,,,, \\, „ „ i , \°' 1-11/,/ j . „,/ \\\-„.. ',,, \\ ' f ''' /z z ‘''' 1 ,,,K / 1 , '‘.< 0 7/H 1 i ;:, ..., --- , IF,17..z.------- '4-44.ft "''''' 4. 1-4 44.,V t4,44.4;4-7 1"n 4•'-t, - , f ', ..,Y2.,"\\''''''...,,, '--, ,.. .4,,'.'s.,./.--‘!:,::` ,,,‘,...„,,,,,,, 1. .., . r -1,::',-;,,,2,„ r / ,,,,-. - ,—,-—1- -:,,,,,-/':-..;,--L'-:-------- --_,...,._ ''''-'-'4. ./,,,,,,_, 4„,,,,,.,,,,s;,•:::,‘„ ',,'";,„ .1:.-,--:- ,,.:-.' ,,.., _ _____„„/) 1 ,, r" It V - ,,-.....,,,4,.,'" '..‘,„;„..;:,. ''';'..-7,v, •:, .. "„,- „1.1,-,--,t7-1'•.• ,,..,,,, „, ; 7 ',1 \ ,"" :,'-' 41;" ;^ , •;;:,,,,...., ,.,„,,,,,',.",,,,,/ \\,/ ,77.\\X, \'- '\ - ..,,LI /,..,...-.(wit.f.7. --„;: 7, :,4- , '..'i 4 P"-::.2 -. ,?\:: , /j ';': ^ , ,,- ,.---'''.•:--.--.,„ ';i' i ' ----z, ' ,,,--I ., 400,- ,,, ,:,,, 11.,212j/ Id, ,,, I ...„,„,„,,,,,,,it's1 ' • ''.,"°:4-1,- .1' i ; i'l '''''1.1.4:,,,, /, ''',0,4,.',°,.,, '•"1„,i,,,.i.,' •-' : :-"(1,7 . - --- -i _.,,,,,I.„..x.".7 ,..,„,' ,,,,„•'-' k„, • '-% \ ' •\\‘,„.....„,..."‹,`,PV :„., \ '''—''j 1 0 \• ' .. 1 ,,,. „.„...-;;;Vi,,,174 1 ' '.•T:,°"\.'i i ? ...."°°''''''''' --t '\ '"'''.•?.)r ., CA,1, ", \‘-'-' 2r, , vg Oiiirn/ , • \ \ 1' . ! 44' 1 1, - 4 . , _ „ . , - , , ‘; 203 : 01Report No _ . 5 1 0 5 1` 1 3 It was estimated that from the twelve plantations contributing bagasse to the canec plant, one million tons of bagasse would be available for the production of wallboard. Hawaiian Cane Products was sold to the Flintkote Company in 1948. That year, the Hilo plant manufactured 120,000,000-square feet of canec panels; from 1945 to 1955; the majority of the housing in the Islands featured cane walls and/or ceilings. (HHF) Some suggest the canec plant was destroyed by the May 23, 1960 tsunami that devastated Hilo; actually, a fire destroyed the canec plant a month earlier(April 3, 1960.) In 1971, the hotel complex known now as Waiakea Villas was built on the canec plant site (the adjacent Waiakea plant millpond was made part of Wailoa River State Park. (Young 2016 — imagesofolfhawaii.com) Several devastating tsunamis have impacted the coastal Hilo area in the immediate vicinity of the project area. In 1877, a 16-ft high tsunami struck the coast of Waiakea destroying all houses within 100 yards of the shore along with a wharf, storehouse,a quarantine hospital on Coconut Island and a bridge. On April 1, 1946,a 7.1 magnitude earthquake occurred in the Aleutian Islands, generating a 50 ft high tsunami that struck Hilo, killing 159 people. (Hawaiimagazine.com) Smaller tsunamis struck the area in 1952 and 1957, causing little damage to the Hilo area. Unfortunately,because of this many coastal Hilo residents refused to evacuate on May 23, 1960,when an 8.3 magnitude earthquake in Chile triggered a series of waves that struck the area (ibid.). Many that did leave returned when the first of the waves measured only 3 feet in height; however, subsequent waves would grow to a maximum height of 35 feet, resulting in the death of 61 people. Due to the devastation of the 1946 and 1960 tsunamis,much of Hilo's bayfront was not rebuilt and is now comprised of grassy park areas. Figure 9 is an aerial photograph of the area taken in January 16, 1965 obtained from the University of Hawai'i at Manoa online library(http://magis.manoa.hawaii.edu).This photograph shows a large structure present within the project area. According to Suisan Company's property manager Mr. Harvey Taira,the properties manager for the Suisan Company has owned the property since the 1990s. He said that the parcel formerly contained a warehouse used for receiving fresh produce, and a dilapidated Quonset hut that was not used. Both of these structures were removed in the early 1990s.Potential remnants of this facility were identified during the present project,discussed in the Findings section of this report. The northern portion of the project comprising approximately 23,000 sq feet(0.52 acres)was formerly designated as TMK: (3) 2-2-033:012 (see Figure 2) owned by the Hawaii Electric Light Company(HELCO) under Grant 13431. This areas was subsequently added to the adjacent Parcel 11, which was owned by Puddle Sales and Service Company under Grant 11489 (see Figure 2 and Figure 3). In summary, historical documentary research indicates that the shoreline along Hilo Bay was intensively settled and cultivated. In the early 1800s, missionaries established a station at Hilo because of its large population, abundant freshwater and cultivation potential.Soon churches and schools were established. Whalers stopped at Hilo because of the protected anchorage and availability of freshwater and provisions. Sugar cane cultivation, cattle ranching, and trade rapidly changed the traditional subsistence economy during the early to mid-1800s. By the late 1800s, vast areas were producing sugar cane and large scale timber harvesting was underway. Transportation infrastructure included a railroad system and wharf facilities. The area underwent a dramatic increase in population as people came to the area to work for the plantations and other commercial enterprises. Despite the destructive effects of the multiple tsunamis that have impacted the area, Hilo continues to thrive as the largest community on the eastern coast of Hawaii Island, due in large part to the resilience of the Hilo residents. HAUN &ASSOCIATES I 15 E'E C;' �; L try a . i. `''F '.^ a�.r �W s c t} Aap l4a9r f (#�r{ F} e°1aTxs'Q` II $ ii Alit x<• 'a �, t 3}[ k - xF 2a 3,I s a k, ' ftSy- i at - -, T3 S ,1.14";' , �t 'i s k 3 3¢ 3 a i-tiflipl'i';:',., i� �P S, f • f a4= ��at[l s ra a z ' t r - f { c d } kFrq fr'i Sac ¢ 3 3fft t (a.,},t ,i1:-. 1';:";'f.$." EFgitaa a f} T a r3¢�� '�#y =11, x-v 3. { �1 # €€t: a l4 ! e, 2 ',i ja{ t, s a T. s t '}p f d kt y�, T ',/, haat 451 de"S . h i ;`` t s I`w¢ - t(ST4 as 1 z;Ft , ,1 z ,f: ifi s f .�' , r- f ': a,:; # r , ,t 4„Slis, aq�s t, a 1 � T as a# C .' t 4114.4'-; i t ce d STt tt t Rx s y t s T!§ %:. a n , a a � ., 't i, k if o S p( 9}3c � �$�#a sf Ra��39, 6 �,tfl^ 5i .yy(i�xj�E 3Ps��{j 7 �« .. s �:. s t 14 K•"',';�$ '!, €. ,'{ 14�"}R'0'41. t.'Sie�itti ti 3 { • 15 1A } a " �, 4.,-I• � ,. , p t 1 £s xr'ig,,S �qa,,,, } ,i gay to, r drt,1i k i',1 1 `'x � ' ^.,:—'f.4114,. .- �a.- 1L t/�r, i lit $k T° v €"•^� 3,C€t€ E # 2 rrE �-�e, 'S d€.: a ,F`t t x .J.,:— {yF r 4 'A..� 6' 3 ` . � j Eaa€six kk j�J 1, a FF > rx ! e 7 ^:a Y '�* t- ,.,--',.4* 1'1u a. f a ,'•c--f-11-4f011,44, „F itt-t_-` X (T4,:i i- $ ” § p tlfi5,e s tff • a %}-T k ', -}}j�{[¢,r�4 +}�,'Q .-.ill r. L 3a-"�' t "«,(, 4 ., : • 5. i �it� :dt li°4,4z ig- fina.t3.v, „, . Y Y d,ie�,'� �. 40,-,1.1,!.„-, 0,, it d.. Oct !,k: Fq i f1111$1.41' x a t 01.e3 3 n t: .p gg , t" 1 €atrit-4 a �a 2g�ai 3 , .. bra. sr is • 38 `a't� zg t 'S § w 3£' gg 1{�' 3. k_ g T r, :ii f e t �. � s x x t s��d ti i,..4., ::,,,,,ilii„,...4:., .yd, � § y T #�3 � rc^ � 8�fs3 1if a 3" ,r ,:,_„...a.I.If, ,_,,,,,„.j i f' a x r x,, R `r r t } YY I:' '' r - -t` 1,:ir'f,t.tioy.„,,,,,,,47,)..,,,,,,.s,„,t,... -,,,, ,i,._,,, a• .13:,:s.,,,,,,,,,,,...,. ��gg �# ▪ ,,,,,,„,,▪ ,,,,-..-,,-,,,,,.,,,,..,,,,.. t t•-fifi0 ''Art0)'''-'.,*. ,'Mt.01,1,,,if bl.4 -40,..,.41140,11.10-411rt.,°;, - ...-4,144--,-.,,,,-,;; f-,?•,' ,'17-'''':1'i 3C ,,t,,,,47.4.1r,,,,,„t„0,,,,,.04,1-10161, „,,siiii.r. 1 coi P ' "`�t" 11:1111.$xz1A. "a 3: ,'" a ��f '{, E rh ''3 ,=‘'-i,-,-, ,-Af a j -i*..' f ,,lif . p�ti,,,'"---,-, , „Ill,fnflif. ' ---'' -" t., f''''' '' • ,•,- ‘T �yfsel}`�wie �. '�` if 3a Pi X 9 g ;.. + 7 $ [333 rF7rsti 1• Pz. ,- •A-• 4'-''-', „ , 2 4( .,: e• • *�i 6 ,- t $ ,...4,4r4'4:4'41.4'4•11:'-:,';''''' i I} I.' tiil V eS S �3�'a R } [ � ,r'ftA Yi�P r1 F P`�..».'a � � F y T ; L�' * '3 k Tit-ti p)Y { ~; t 3 1¢ S S ad }f > y .y w� �! ” 1 "'�•a i9 ds ▪ -i''''*,, t, ;t.,3,ty�"�-z.£ r- 'Lv� t�i�,g.3a r r {t } ,4,,,,I.,4-3/.,,,,N ad $ '1 � ,j,, F �$�w • ' to` a s'` } ?s ▪' `t"i Ns } if ,• r - i.y reP . '.2 a r^ g�aah f ! 'Y ,i'. '� { ''' k gd`a - t't� ``:"-� "„ ' -tea. • y}' "j x. - '.' ,; a� f� fi ^t 31: 'T a+,44`a g i (▪' t a,° `*, w c- ?a' Y' a+ 3 4 ( fie. 's* xsifi � ' �1 j„i . C:i iti - 2 0 _ . 0 1 1 Report N o . 1 A 8 3.. F / i':3 Previous Archaeological Research A search of the DLNR-SHPD archaeological report database and other sources identified 29 archaeological projects , in Waiakea; however, no previous archaeological work has been conducted in the project area. Figure 10 shows the project locations and Table 2 summarizes the projects. Not included in the figure or table are the studies by Stokes(Stokes and Dye 1991),which focused on major sites,primarily heiau throughout Hawai'i Island,a survey of east Hawaii by Hudson(1932),the fishpond study of Kikuchi(1973),and the general, primarily archival,studies of McEldowney (1979) and Moniz (n.d.). None of the previous studies included the current project area. Stokes (Stokes and Dye 1991), relying in part on the earlier observations of Thrum, listed six heiau for the Hilo area; however,all were destroyed at the time of Stokes fieldwork in 1906. Ohele Heiau,a ivakini temple,was reported for Waiakea. The surveys in Table 2 cover 1,800 acres of Waiakea between sea level and 5,100 ft elevation. The only traditional Hawaiian sites identified in the vicinity of the project area are an agricultural pit, the Puna Trail, and five ahu reported by Hammatt and Bush(2000),a sinkhole containing a human burial identified by Bush et al.(2000),and a terraced depression and associated low wall identified by Haun and Henry(2001).Hammatt and Bush attribute the absence of traditional sites to the massive ground disturbance of sugar cane cultivation and commercial and residential development of the Hilo area. Historic remains identified by the surveys consist of 38 sites with 357 features.Nearly all of the identified features are the result of stone clearing for sugar cane cultivation. Table 2.Previous archaeological work in Waiakea • -bi"c r z r z .' fm,..<<'';! �'Y1 `T �£'ezd'+tbR' Li1- rex-Y, .- ,y" I +t �2.t{� '�-�,y ¢ {W�uAP" .PTcfi� s �4Y'�,fr` z,�ya�+ra .�,.r' xy%E 45 €"s'L 't t•y-NAV I z�YSYJi. i,gy i Y i ��3.t.. ; ? 4 3 R r`' lY$e!4. S�'E,' F+i'3,' j .fiWAV 3 't 1 e�vw,r,.+^S�..".t,ill ,..,.�it,v�i i, ..r X04 4 ,. rt,.h4yf.St:12 M s* -�r��,. ii:._..�sttes.. seas.r,�rF..Nami ' ,I E., 4ivM,,, Kam(1983) Archival research 0-5 1 ,None 1 1 Heicu I - Haun and Henry(2000) Inventory survey 0-15 20 Port 1 4 - 4 Walker and Rosendahl(1996) Field inspection 0-460 130 Sugar cane/developed 5 5 - 1 Haun and Henry(2001) Inventory survey 35-40 66 Ranching/Air Field 4 5 Terraced depression and wall 3 Devereux,Borthwick,Hammatt and Orr(1997); Reconnaissance, Hammatt and Bush(2000);Wheeler,Bautista, 40-80 504 Military 4 8 Pit,5 ehu,and Puna Trail 3 Wilkinson and Hammatt(2014) Inventory survey Hann and Henry(2008) Assessment 59-78 4.0 Sugar cane 0 - - - McGerty and Spear(1999) Inventory survey 70 3 Sugar cane 1 13 - 13 Maly,Walker and Rosendahl(1994);Spear Inventory survey,Data 7080 5 Sugarcane - 4 51 - 51 (1995) recovery Kennedy and Ireland(1994) Reconnaissance 70-80 8 ? 0 - - - Carson(1999) Inventory survey 98-131 176 ? 0 - - - Haus and Henry(2016) Assessment 100-105 5 Flood control 0 - - - BorthwickandHammett(1993) Inventory survey 120-140 11 Sugarcane - 4 - 4 Rechtman and Henry(1998) Inventory survey 120-205 40 Sugarcane 1 117 - 117 Borthwick,Collins,Folk and Ha mmatt(1993) Inventory survey 140-330 163 Sugar cane 4 47 - 47 Haun and Henry(2007) Assessment 151-183 1.4 Sugar cane 0 - - .. Hunt(1992);Hunt and McDermott(1993); Robins and Spear(1996);EIbe,0enham and Reconnaissance, Pantalee(1997);Spear(1998);tvicGercy and Inventory survey, 200-1500 ' 1066 Sugar cane 11 88 - 88 Excavation Spear(1999);Dega(2000) Robins,Fortinii and Spear(1996) Inventory survey 200-1500 264 Sugar cane 3 18 - 18 Rosendahl(1994) Field inspection 250-290 11 ? 1 1 - - J Escott(2004) Inventory survey 300-380 258 Sugarcane 6 80 - 80 Bush,McDermott and Hammett(2000); Inventory survey 300-360 20 Sugar cane 1 1 Si nkhol e w/burial - • McDermott and Hammatt(2001) Rechtman(2001) Inventory survey 5000-5100 5 Ranching 0 - - - pt- z}'`"""�ryt4z s 11 's".d")'3I,>r'sk.. ,e lI ' ,,�a`' 4 ti NI- .k ,, Ori s i t ,'l ,£.`FF;� "�'f ff a-�_t��:�.�s;;�.^.as.*3'G �t Fx>*,._:t�`�^ ,,,...��, .�m.� w:�,"t,.. �,a.,.f.',�1�is..:stt ea,�ti..,��.hf�� s�"��';c:i-�,�a'�'�g'+�.$z;' ,��aF-rLt' '��Sahi HAUN &ASSOCIATES 1 17 I 21, ..t..`"7":„..."."...7.,";ttnt";-='.7:=7"''''-77:2..2.1._.7........Tr.:_z„,•=5.„,,„,.. .4_,,..,,;,,t:=4,_,•,,,f1..,I;\,, 0 61)0Uft ,,, 1 ---.-----------` BreAkwater 0 2000m. t =....... 4.i k, ....,-,, p /... ..= • =2.1.......4........! "•• 1 i li 1"=" 1 j ,.;•‘-'4'GA 1,-.A 0 " I, ( •-,---. ../ 1 il 1 1 , • . • , . ' --'7 1:`,..8 ; i••••• / P . HitoBay \\ , ....,......— itouteolr ir,Jemtl-40 nwin5 1 1 , i t....., ,...,i3 I r •'---..... !. ,, / )r• i TO lea 411.:.a 1 -', ,10,,,-.:;".-: ...,:•:- N. -, . 14 ,."....-... --.......• = I/u L, i --1--<___H' , --- , . , r ,-:-,-.. i -,....j, , \.\•-• \ , -. ...,,,q13)-' I ; (, :ill r ',.---;;;•••• .„., ' • '0 ; „ i 1.. \ ,r,'.:17-',',.\oglei--r''''.- \,-"'''''''''''''''''' .... ', '',..,.........m.4i.. --n1 i, i ..".. ".•,-,,...-1 ,,,,...," . .. . • ," ....-' --; ..,..-- .s ,:,<, ''..1.::::;',,,•-.--,:./.'-,...,—..4.-..':q %! 1(1...........t.... ....=.' x.',-,•••••=-"..x."..-..-- ,I."...- .. . ...... 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";•.?„.. .•,..,..,-,....-•.,.... ..,, ;I , • I „.., „,z,'.„- tg.„.: ...,.,,, .:),..0,•.;;M:.,. • I 4,. • ''"•',"•. " "-.;; z,'" ./ "'',r \,,.; i 1,.±.1 1 .. .‘.=, '..--;'- '..•:=`,.'.\\,.,;•.-;.,`21';MM , .=.0 l,.. ,. if _.../;•\' '=?.„\...i'-c,12".•••••1', ,:,),(''''i•-::1•"; :ki'•••-•'-', -;'\.- 4''-',2/!".• :/ .s, i ) \ \ :4; ,,,,,unlounH1111+,eticit.)C°Rim,Poik.ninl Ilainunm(194.3) ., 1 , . 1 -•"' -405,...;•.4...!,.'„<.,' . ..11., ;-- ,, ), s'•,;< ‘, ), ,--"'' Mot14611,:rmon -;1 I I 's,...,... ., ..,K3.,,,..',, ,,,.:Aj,,,;....,'... i ,`. ••'''''''''. ‘',. ', -;7.,'/W:.••,-;-2,,A, ,,,,,--,,, Robins ninl'Sinmr(1990; .• i I' 4 b i ' l' '''' ,Z'''t..A).5 3 wfil ...-':',7 ',.",N,• ,,''''.------,5111•4, - :• . -.?;:,7\., Slicar(199U N" . . \'' ';" , & I ., . NteCiesiy;And Spnar(199n): i I X‘•,•,•-;;N-.•,,, / \„7 le;.q b,.. 'P!,',,„.. .----'c:"...;k' ) ..,..,, '. 9 ,„... NI% ..,i., :;:v• ` :',,'•,- : ,•,-,,,,,,,,,,,,,,,,,--r;-• lt-, ,‘,4,-,. , ---:J, , Deini(20001 I I F 1 41' e • 1 - :-.,-'.; -, , I] , i ,,,, ,I, .,...._---,- , ..1 21 ,,,•:,-,:•-.. ,,... ,. 5—Kennedy.nnd Ireland(I 9944 1 i i '-,. ` I !,46' ,, ,.. ?',„, •-----' ; =, 1--•; ; ; • y I I 1 .•-• ••;• t ........ t \ -';-•;:\:•..\..;;;....-4,.0.=2:-',-- .,,,.. i • \= ,,, ..•,..0.1„,.. , , 11-1= 1 i 1,-.1 I I 1 I IAA.,... -;1,-..,:.• t \t .., '''''s‹..r.'4,Y...-•,/,'..;p, 7,,,,-Maly,Widket and Romankilll(1494) i -,';--; '-"';'ictel--rr,-T I' .-A \ ; \ 'I ;;V ;"•'''',....;'):M r\- SO.' „.."..,''' „.e ,' ',',,,,-.;',''',,;'e ' ', ."' .• i 1 i , 4 , -, , .., ,, .....,„: ''•\',2/•''' ''i'''Wall,er el 41.(199(1) 1 `, A, 1 1 '.',. ‘1,:, ' i I ' 0 i ..L" ".."--, 1 % .., 1.....<1, '`.. -) ,, '...,... 9 a-Deseercox,13ovlawitt,liaininati and orell 997(: :%., 31; I \ 11 •,.., '\ ., ,. I r", 1 t i ..„ e ti* 'c') 1- , it . i. .....::„.i.i--------,,,-:-.y:,", ,,,1 1 N i, ,, .......„ . . ,..-;,''..,s7 -.., 1,..,',Lu e4 l'V,r1nutUntitsill°11tison and Ilminan(vim!,I ! 10-itechtinfo i'uni:1 ferny(NOR) i , ! .., t t i ,,,i 1-';')•-•••'•-•••• •''.,, ;.1:i•t,I,i i II i •I\ 1-. -. ''',•• ,.-f, -•••••, c)1" ‘b` ' i I 774 .., 1 i-CP151111(1999) 5 . 11 l'.5 1,,, ,,:q-- r ,.„ . , . ,... 1 1 I a) „ , . , .5cs, Q'o, 1)-?1,-, '• i'5;WU'(M91 I li I 0, \'''. ,. '') . / .....,J . 1111.....,,,,'V::" .."'''' _ ''...,,'"....... .1,- ,".....A 0•-'1=',.....--" '• t `,-.1J . , . .744,•=,•."15';', r1-. . ...:1,-;••:„:.-\ . 13,,Ilan and Henry(2000) . , , ( I 0 •,-,7",, , t i ... r‘ f°'' Z J,q 1---- ,0' i ..., ,1/41,.., ,/,' :8 \ \ '''',,' '', \ \ . '''.. '''. \ C' // :-.(:' '''''....' 1;1m.1:111;ii.;,..,1%,,,n10,,,DI,a8ziollltni,n,r,1,11Intrin.,;(ngn,tit)(2 0 WI: .,9 ...- , , .,.. A \ ,...." .1--=" '\ =•-••••., ••••1'../I , ' = . r' ""..' 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Report .� o ; 4 S cl McEldowney(1979)lists 53 traditional Hawaiian sites for Waiakea and 31 historic sites,primarily buildings. Most of the traditional sites were located by Hudson (1932) and Kikuchi (1973). The remaining six were identified during the Statewide Inventory Survey Nearly all were situated along the coast. The sites include 17 fishponds, seven burials, six platforms, five enclosures, three heiau including one previously identified by Stokes, three house foundations, three trail segments, two shrines, several miscellaneous features, and two complexes of platforms, • enclosures,and terraces. McEldowney used the limited site inventory and historic documentary evidence to develop a land use and settlement pattern model for the Hilo area. The model consists of five elevationally-defined zones: Coastal Settlement, Upland Agricultural, Lower Forest, Rainforest, and Sub-Alpine or Montane. The Coastal Settlement Zone extended approximately 0.5 miles inland from the shoreline between sea level and 50 ft elevation.The zone was the most densely populated with both permanent and temporary habitations, high status chiefly residences, and heiau.Settlements were concentrated at Hilo Bay and sheltered bays and coves.Also present were fishponds • and gardens where breadfruit,coconut,kukui,banana, wauke,sugar cane,sweet potato,and wet and dryland taro were cultivated.The ocean provided fish and other marine resources. The Upland Agricultural Zone was situated between approximately 50 ft and 1,500 ft elevation. Settlement in the zone consisted of scattered residences among economically beneficial trees and agricultural plots of dryland taro and bananas.Lava tubes were utilized for shelter.A pattern of shifting cultivation is believed to have converted the original forest cover to parkland of grass and scattered groves of trees.Wetland cultivation of taro occurred along • streams. The Lower Forest Zone ranged from 1,500 ft to 2,500 ft elevation. Timber and other forest resources such as medicinal plants, olona, and birds were gathered from the zone. Site types consisted of temporary habitations, trials, shrines, and minor agricultural features in forest clearings and along streams. Sites in the Rainforest Zone (2,500-5,000 ft elevation) and Subalpine or Montane Zone (5,000-9,000 ft) were limited to trails and associated temporary habitations.These zones were used for intra-island travel and gathering of valued resources including hardwoods,birds,and stone for tool making. Project expectations Based on previous archaeological research and historical documentary evidence, the project area is located in the McEldowney's densely populated Coastal Settlement Zone. The prehistoric use of this area may include permanent and temporary habitations, high status chiefly residences, and heiau. Due to the parcel within Hilo town proper and its proximity to the Waiakea Mill,historic structures may also be present. CONSULTATION The pro�ect,ar.`ea is currently=:owned':by the Suisan Company The.pro�ec� 'client COLUMBUS East;, LLC, is;,a . clevelctper whq proposes to,construct a uyarehouse and tan,:;office �u�lding°on the property (see figure �} Consultbtion regarding'the subject parcel was conducted Fly Dr Alan tHaun with`Mr Harvey Taira,the'propertles manager for Stisan Company on May;15 2018 According`ta'(Vtr Taira, the project area wasrpurcha'sed by the: Suisan)Company in the=early 1990s Prior to the acquisition the property contained a vvarehouse;used for receiving fresh produce,`arida dilapidated Quor sot but that was not in use This warehouse is'depicted in Figure 9 Soon after the suisa? Company,purchased tte land the warehouse dnd,Quorset-hut were bulldozed: Mr. i arra°was sh'awn photograph of two conci etc platforms identified during the project=fdes ggated as isolated Objects 3 and.4(see Figure 18);According to MrilTaira,these platforms which were used as cooling tower supports for a cold storage facility elsewhere and werelbrought`;to the property{by the,5uisan,Company,':on ai`forklift€i thie 1990s HAUN &ASSOCIATES ( 19 MN. : ( 3 2 - - 1 3= : 0 1 REport No 14S1 -0-5 /.71S, FINDINGS The archaeological inventory survey identified one archaeological site and four displaced isolated objects in the project area. The site consists of a concrete slab (Site 1481.2).The isolated objects consist of a large metal gear and axle (Isolated Object 1), a displaced concrete post (Isolated Object 2) and two concrete platforms (Isolated Objects 3 and 4).The location of the site and isolated objects is presented in Figure 11. Site 14812 is a formed concrete slab located in the northwestern portion of the project area.The slab is rectilinear in shape and is 32 feet, 9 inches (10.05 meters) long (west-northwest by east-southeast) and 6 feet, 1 inch (1.86 meters)wide.The southwestern corner of the slab is broken,with the remaining sides ranging in height from 0 to 6.25 inches(0.16 meters).A plan map and photographs of the site are presented in Figure 12. The central and portions of the west end of the slab are covered in a thick root mat,with the remainder comprised of exposed concrete.The root from a tropical ash tree extends across the western side of the slab.An Areca palm and several bingabing trees are growing on or adjacent to the slab.Modern debris is scattered around the site. A 1.0 by 1.0 meter test pit (Test Pit 2) was excavated adjacent to the Site 1481.2 slab (see Figure 12). This excavation revealed two deposits (Figure 13). Layer I consists of 0.3 to 0.36 meters of black (10YR 2/1) silty clay with 60%cobble and pebble inclusions with no cultural material. Layer II consists of 0.9 to 1.09 meters of boulder, cobble and pebble fill material with no cultural material: Site 1481,2 is interpreted as an historic foundation or walkway based on its formal type and appearance.The site's integrity is altered and is in fair to good condition.The site is recommended for no further work as the mapping, written description and photography has adequately documented it. It is assessed as significant per HAR§13-284-6 under Criterion d(information content). As stated,four isolated objects were also identified during the AIS(see Figure 11). Isolated object 1 is a large metal gear with an attached axle located in the northern portion of the project area.The gear is 0.67 meters in diameter with 0.04 meter cogs along the perimeter. "SR188" and "20T" are imprinted on the exterior side of the gear.The axle is 1.73 meters long and 0.065 meters in diameter and extends through the center of the gear.There is a 0.11 meter diameter wide metal hub at the other end with remnants of broken metal around its perimeter.Scattered modern trash s present in the area.Overviews of the object area presented in Error! Reference source not found. Isolated object 2 is a displaced formed concrete post lying on the ground in the southern portion of the project area.The post is 13 feet,2 inches(4.06 meters)long,9.75 inches (0.25 meters)wide and 7.75 inches (0.2 meters) .thick with beveled edges.There is a rectangular concrete base at one end that is 34.5 inches (0.88 meters) long, 31.75 inches(0.81 meters)wide and 11.25 inches(0.28 meter)thick.There is a projection off the main post that is 0.78 meters long, with identical widths and thickness. The end of this projection is broken and metal rebar reinforcing is visible within the concrete.No cultural material was found in association with the post.Overviews of this post are presented in Figure 16 and Figure 17. Isolated Objects 3 and 4 consist of concrete platforms located in the north-central portion of the project area,31.0 meters south of Site 1481;2.A plan map and photographs of these objects are presented in Figure 18. Isolated Object 3 is a collapsed concrete platform located at the western end of the site. It consist of a rectangular concrete pad that is 10 feet, 5 inches(3.2 meters) long(east-west) and 6 feet, 1 inch (1.88 meters)wide and 3.5 inches(0.09 meters)thick.The top of the pad is 13 inches to 15.5 inches(0.34 to 0.4 meters) in height above the surrounding ground surface. HAUN &ASSOCIATES ( 20 • I ? K : (3 ) 2 - 2 . O33 : GII Refer! R ; . 14 :1. 17 8 ' - `22-«� ©_. . . I. R . .. . . . . | \ \ 1 ' { [ , IsolatedObject / ( , ) \ ® Test Pit{ I \ i Site 14811 Slab { . \ { : e . I / { i-----P !area boundary { ( Isolated { • e . % _ \ Isolated Object 4 . , \ { P, �mm��_� T { ;{ { ; K t t 2 ' \ . P. ({ / ( ; \ { ' i \ . § ' 6 { } \ { Test \ { ` , )\ ir {i 14 Isolated lb 2 j { { % I { { �_ --- { \ mss 1 \ \ { � —— —�— �- — I « ; ' \ { i \ { N , \ { ' y ! z 1 \ _ ! t ^ � r ® ' \ 6esle p'% . t S . I \ ii ' \ : \ { . \ C ,_ . ,mom � � < a ® I \ !. { -- ,_e , \ { ; \ ;:. ....- -- ---- - ----- --- ---- -- -« t c Aim ' : .M: : 7 2 2 «,,:,, N.a \�.� u: tAa00 ilfil ) . . HAUN &ASSOCIATES | 21 • 1 , - i --4 -- - - • • , - - - -- ,.--...r...-.+-ra....,-rta..4..-,su--sr....... ....4.,-.........-..0 emu.,,,,,Rsc,,,,,,,-.,........ ,.....m.i.........e.,,,,........e.........................,.r..unaualloowra o,7..,.oewo....,,,arr.rim-v.,o.tnx.^,r.n-,,va,,....,,,L.T1,41." q , Test Pit 2 Root ham Tropical ash boo- t.,„. 1 1 (2.75)r hoighl in nthee /.f\'‘,'., ', • , Level 561 .,- --1 1 ,..,1.. .A. ; - , • ..-....„„Bingabing troo i--, .'1.--,formart rota:role t . ,-, (0) -• ' ....-, --,1. ---,'"-'..:1''''--,...,,,,,,,,„ .• • . '-.7.--:,.l,Y1'. ! - '--.- ' - - -',' ,*';'-'''-, root mat ; , 0 3 t, '1,i 1li •, I . , .4.§1 1111 • i . _ • , ., , I . , . ' I i 1 7 7:1l / =1 S i ,., Levet Vail '4:1• 0 8,0feet ,, , 1 :t•I , :',F,1 0 2.5metert Arms palm 1I)4 (2.76) , 1 ;171 • __ -.. ...1.•' ' . ' ''' '.-'i • -4)!: ! Bingabing tree ,--' ',....„.:.'•' '••'.1•. ,lig I Concrete slab(view to soothwea.)) 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'71'i§bi 1,..) •4 .„.,4,,,,,,,,,,,-,,,,,,,,,t,ous,...ts,,,,,,m5v.,,,-744_,-,,,,A4._,,,,,,,,,,,,f.r....e..4.1,74,),:s..-%.-4,.1,474-,,,,,,,pv, tit,:v = rearg4=v ‘4^,e,r4;"4: ,m..74% ,‘4'v.141:::,*".9fifthit,r44,,.. NE:-...,N,......- 1•',. '----,jehile4ft"Pa.44e.W-,--XSt,r,'..ft4JW,- "War`.44743.07-fbA:3,:kilar:1,-4'r1.,A,,,,412,X4„,,____ ;re-4,. :5,74.43,,,,IV.,,, ,:`,.,,- ...,,,,-' ,'-1-4-:!4•49,""0,-,t`,i'm •,,ia,4.110,4 lc,-......-.4,iir- 1 . -co, .3.,.;,;„',,,-;;;:,:„,„,,z,7,,,:;',„1::,,,;;;,„,„„,:, ,,:,,!:,‘,.„,,a;.;;;,%;,L.,',r„,;,,;4,-,,,;..,,„77,„:'.,:;:„, ,,',,,,,..,.,,,,,,r=r-;,7„7,----,;..f Z717;;;;;;;;;=::,:';;-7,;,=.71 ::7.=7;'-:7'7,7;7=7111-..Zt'7;:,=V:.`,5',7. -7",'=7:•=.7LZ;:,,fZ,V,7Z7:7.:77..=7:Zr-l:' Figure 12.sitousuz plan map and photographs • ' TMK ; (3 ) 2 - 2 - 0 :33 : 011 ..,,_..... . .. ..._ i! Test P12 !ii '. South wall profile 0 .. . . . . i! : ., ••',!. ----•- !,4 ' • ! LayerI ;- - . , -,-, , ,..'..:S.--i, f , ,",, , ,• ! . .1 i . 1----.7--4•7.:.2...,i ,1 , .•.1 -,.. I; .•' . 1 t, I , i ,-, ,,,.•,:r. LI:.• T .7-' ,--• i „ 4, i 0 : .P., • Layer II i -.1 : •--------1! ,--.'.; 1 ,.1 ..,.. . 1 .., !I . ;. i , , : . i•:?,i :, ! !: .1 !I', , • • !,e'',:100 ' ,,,,,,...,/ '''s U I f `,,,,,,, .- • 1 0 „. •1., i -.1•71 `. ”,'I i . :i. i 1 g . i . Unexcavated S !44,• ' ‘! .• • .,, !,,, I!!!!. !tir $ ' 150C 900 • ! !! • '1 i 111 ' ' ." ! CM 0 4. I f•'.; 1 i i Layer I-Black(1DYR 2/1)silty clay with 60%cobble and pebble inclusions;no cultural material ,. ,;•., • Layer II-Boulder,cobble,pebble and gravel fill;no cultural material 1, ,1! Test Pit 2-Post-excavation(view to south) I 11i 4 w11,.;:',"..,..,.-•,, - ''. ,'„', X. :1.,,,,,.. ,F,14,74 .77,4.Fcit. ,,, - ! ',,,,, • Pn•-•gr--4,:V.4...f.."„:':4,-00"c!,,-;•'''.';'0,4-,,,,,, ,A4104*;.4.51.C4.-:,trts.4,,,e...4.0e,&-V.*~,1,,,'" ' --.:-. ' .-1 I, i! 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P,4 4,4304Wki >:61,4e0,-,:,i-r,,tkr-qa.1,0A 41W.I'AtataifitalAitAir 4.i.,V,taairsgt,t,T,i;!,:t:4-0,19,z,-.1167411,'4 I 1 i': :,1t4tarin:',":47;Z:ei,i'::t-VirfartWAAINAV:7214#0144004, '..::':„', ,. .!-w-',k-'m':-.?P: 75xI-iR 4i --[•7.'.2-4rPg4hi1.1r4ClPt1 4i1.6Pt:r110tf4.4ira1.441f10te-4:0n11004140.:1:4e.0l4ifit.t,00a1tbiiqVkNitty0lfi1gl1lAo3e4t;ere,•:, 4.*g4:ci-4..V:-..-4t,I4gNv4A:vAo461: i 7A,"' .44',f4,7•Pq.;°-:,,',"' tiATANOraibtliiitti41.10:41134rAiNfi:',,: ,...0'.-•=-44,4K9Vti 4, . !4,e'S.rApt ,,:'4;-.e,,,,„!I;iI,i i1Lktv4g'.'.o,;,r4,l.r.T.,0','',.'14,5',47,,,4A44ir4-,.0=ii,4;,,,',t',,,:-;5.,4-...,0.'.„4,7,(i0,.',•-*:4P:.,4ti,7,f!,„'41z;,4''th,_4:6wt,.,1,-,1A.,74:--..„:A,,4•:.,”,4.w4,,.,0:;,..,T,.',,,..,.',r.-,4,7.,,.,i,A1,„,4,e(,-7',:-„4i.„,,',;•.,ir,..4','4.,-•;1'.f;.t.,,',.,,'410 * 40 .;- -.•r4:-f-IAt,.--t40,i.lf.vta1t.ot'e,1.nettA‘ii.ivt.4.v:tmtA,ts.00o,l,lotk0:.i:,l,1.,1,,i :o0,v5-*0i4,in7i,ift.1.,fii1An.;1oiApl.?l"i0:t0eI4i4iS:ta,i4t4Q4.rt,v,•4VA11V4rA4W:4:1ttro-0,41tiOr1tm1:o4,ir.1t.'14,irae00.14otf4i0t0,Ror,0tfaiiifiieo.4ptbk4i.;x,etooOi3,OPiv-il40l-MfA;t,p,,M3 4' -c3 •' raA',OoIi4,n:vt4; V:, I0i4T0-9:wriiar.O0t4thoetiiise, 1o, oitrp00W1 4'o0,'4!1.w:4.,,:.4..4.',•-..,,,,..a.":...!,,.;*.:'(4z''.:'1'-.'.4-•l-•-f-0e,0? ,3 , v4-5pc4w04* . $t4 . iO4„tpw610Tw,7 , t!htisi, o ,c„4s az)k4 _ arrn , ,,•.,',,!; -..:1--.. - : 1(i,!,,1•: 1 i ROJZ.14t.',4',.,.-"...-.:-,,,..:ide-g,q- ,•_.:,,,,,t1*„.:1:':'1 17:41f;cffatOMV.4141C:'1"74 :,.-AY'''4Krit , ,, ....1'4,e- ,,45a,oti.:,,-.4.': •. Artg, ''.i, :,.',,11;,,,1-,...z-1,,,o,,,=,..,, ''14 4,,-.e. ..z., .....,....______ .•1 :Il i . , Figure 13.Test Pit 2 profile and photograph . HAUN &ASSOCIATES I 23 . , • - - — -• 1'. 3.. / 18. , L, ,. ‘... ,.• t'.-c e P 2 ( k I i ' 1 0 • _ - T M, k k ----- , , - - -• %' ,,.1'4,,I'i7;0!'*--- C ,' , s + • - .." s -s - - - - = ... . €,,191irrin* .= • 0 , - - , .. . If' 0 . _ - metal gear Figure 14.Isolated object 1; _ '4.1—',-`.." ,''s-" :2:-.I.'"-• ,-`,',-4,'Iz."."--1 . -,,;,,., •-•.'4','-- -1,4i,--,-.1: l''''' -''''-'-,=*'.....,,,,,Z -;-.9zsz..-. * , •,• ,_,„4-...r.--4.,„,„„ .4„„cl•.--:ti::,/„L.,,?..;._-., = ,,, •-i ---„, -;=...„.-4,,•.4,,,„• „ - , _.„....,_..-..-..(=--, ..:i.:•-..f."4",,,,,. r•••,..^stc,41.1,?0,4k.t5,,'^:%,..".` ,,,s,,-,',',,,- "s"`"',.',"I''''',.'''''•:„'`.'7,-.,-: ' I'''' ..s.„,,,:•,,,r7;:''-,..‘",31-",'',1'`....s',8•'''''-i-` *.•,--t1"?•'-. .-...-v:4,1/2.••-"-..•-•440*A-'•-°••="•*--,,,-''->. ' ." ' -„I``'. , ''''.. 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I',1"'.','.4`''A.,:%',"'4'sss,,,ssitAlkirsrit,V15,.‘,100,i"zs.,`;,....,..krilliII,11. 1 , • r04'G '- 4 4,..-IA. ' I •,'.es;Ir,V,14',s-s"'s,tf„serl',..:',144';'•','",,,-;<re.,i-.'s.i.'4,`'W>ta*P.`"t-',M;3"''',".4:rt.0 '41,4,.."1::: :..,,,4.44,1 ' iU-C at-A-4,,-,,:,,...t.,,z40.5i.-.'.,' ,ftloxtr-414.w-,-.6,2,1-i,[4'• '1 1,409;t•-i',;•1;:'7,7,,,;',,X1f2it;41474-',1:111,:l 4,-gp„1,,,S1, ,) > ,,,,„;,,„,,,..;,-,,,"•,.;„,,,,....-4„iit. ...y,t,,‘ g.V,,,,t4si.,_ 1,j..1.•,,•:, ,,,,are,T.t; 0".-...4*"..-1.1.-'0e,,,..",:-:-1,„-,3.c.: -.1.440,-.4:4', • .-,;. ,:t 4. il-.3/44,-114",•''t-t?,.1,,F.t 1''''',,-:.•.,,,,'-',..,-.144---i.t.,1•17,-1-• '...'....ili, .4"'' '1..h;Cirkk.t.: ::::7,,. '' ,,,.i,04. .,-4.'-' ,,,,:.`.-4.%• f-''',.": {:-.4:14,f4'''''S.:;t* ..;.:', 4_,r''''''. 4i,ri.:11.1?%.,Pr'f4e,-44.1,k.'Zlt:'I:4' ''14':llr'ttri' t'gt'il4.71-;,'',4.''.i':'''Si-lti:''''.t I at * iv ,a ,..e).1,'4,41k.;44fV,*:.'"t4,''"Virkiti-407''f! .A0.i ,4,,,,t;;;;441!,‘,.•,,P-'11$:: -.4. %-;o,,,,,,,-'144,..v.,41 „„,,7.... .. ..,,4p• i•.-,-;,,,,0ot"•,---,to,,,!.-.14/..P e,.... •-..!•-,•,A,4,•;„.,-.11,1!,"-, .-31...ti.-:..w.v.,,,-.7.4,,,,,-4.„-'•S''..„... e -^1•.*.q••••; "----,4fInt,•;'7.7.-k;01,4`r&'*'fn--W*1":4-t:''I'''''' irit'1: '.`:.“v:'-r4V4.'-'"' ....., ,„.•;',..4,,I.:.4421-*471,Moia.„cyjk 1,11..•,-,•••s•,i1INIZ.;• - fiti,fi'll!A :`,A,,,-,Y, 0:11.:'1-'-: ,..M.,4-otio t tilbotplp-, ,--%',,t-'.Lt„trattte044,,td1,,,.,iftt<---2-• ..r;stis,$2,1;:i4Atiki44t,e, AfAttf.10,j;jiev*.iiiikOkfcattir..-4141fr -4,1*44 iiatifT:1-'4,-•- ---- • ar .. ri-'I°. °7-•• • - AVIteisr-mk;11, 4il..441--- 1,44-11'; i,;04.'"'.--4 ,-- 4..t"- ''4-01e--- a' ----*4,-4---, I Figure 15.Isolated object 1;metal gear(view to northwest) I--{A UN & ASS°CtATES 24 1 p. x 0 Figure 16.Isolated object 2;concrete post(view to northeast) :5-s' • R J+' ( 'V ` C,—,-..7. 1. 17---77'.:'-'"').• . ' 'F ') - J xw3�? atdP a ss i-I-I:, {$ tY z r r. `qta , t7 5} '+4 " Ftdrtrc.llI ' ik ta , 4 § aS ^ £ PY;5ys4esr avs ,gE4qY� � y fir {4 N:, $$ , 1t u x4 .'i �-! d €kfi1 £.* ss � --xtR : s z r e ,t " Ai X.� a {f � f ; 4£ rtc.t, r � F f � rA ,,S l iO � £ ��t¢ 3� CtFqr '� . tv - u t.11.1,,,..,':,0,4k4.1**.. ' t 0g tt K7 .LtFx .11': s Y .�fi - ' ( 'e1 .x iik -at � xir` e .F '> r' I 1 � l3n: .$ : / t # x ,` s3 .` aw- p a „ . r. s,..' *_ } ,.1 .. outh) -r .... &ASSOFigue17.Isolated object 2;concrete post(view to sCIATE S 2JHAUti • - . _ ..... . 15 o teat ..... 5,0 me t 4 , • '.. (5.bt 1..o,a led Obi Ga 3 beneath , Po (43,5') at!piationT,14.„-......„.,.... ,X 1'001 (14) • ' Lovot ECU Post honea, ,.,;..,, .... z.-.--.4?, - "1 1 '- ,, • /.. •,' ' , i 't.• , (..,5:8 5)=..,:' neA,Iinco.1nrtthe.crre.tsolrialmi obie, , . . 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' _ - ,� : 3 . s 8 t 7 5 S X14 .. _ „ _ . Q _ _ R 2 f; � � t Nostn .. � 2 . 1 ,� There are two vertical formed concrete posts set on the ground at the western end of the pad.These posts are 10.5 inches(0.26 meters)square with beveled edges,and are 43.5 to 44 inches(1.1 to 1.12 meters)tall.The top of each post is broken.There is a displaced post lying on the surface of the pad.Modern trash is scattered around the feature. Isolated Object 4 is located 13.4 meters to the east-southeast of Isolated Object 3. This platform is intact and consists of four vertical posts that support a concrete pad.The feature is rectangular in shape and is 10 feet, 1 inch (3.08 meters)long(northwest by southeast)and 5 feet(1.55 meters)wide.The surface of the platform is a formed concrete pad that is 17.5 inches(0.45 meters)thick.The posts are 10.5 inches (0.26 meters) square with beveled edges.The surface of the platform is 51 to 58.5 inches(1.3 to 1.49 meters)in height above the ground surface.The bottom of the concrete pad is 35.5 to 41 inches (0.9 to 1.04 meters) above the ground. Modern trash is also present in the area surrounding this feature. As stated in the Consultation section, according to Mr. Taira, these platforms which were used as cooling tower supports for a cold storage facility elsewhere and were brought to the property by the Suisan Company on a forklift in the 1990s. A 1.0 by 1.0 meter test pit(Test Pit 1)was excavated in the southern portion of the project area,25.0 meters north of Piilani Street(see Figure 11).This excavation revealed similar deposits to that observed in Test Pit 1(Figure 19). Layer I consists of 0.14 to 0.18 meters of black (10YR 2/1) silty clay with 55% cobble and pebble inclusions. An intact section of asphalt paving is present in the northeast corner of the test pit. Cultural material from Layer I consists of amber,light green and colorless bottle glass fragments,and a threaded metal bolt(2.5 inches long with 3/4"square head). Layer II consists of 0.04 to 0.08 meters of dark reddish brown (5YR 3/4)cinder gravel fill with no cultural material. Layer III consists of 0.48 to 0.86 meters of boulder,cobble and pebble fill.There is a 0.31 meter thick remnant of a concrete block located along the western side of the test pit. Cultural material from Layer III consists of a 2.25 inch piece of wire and a metal rod with a copper disk at one end. The metal rod is 9 inches long and 1/2 inch in diameter(Figure 20).The copper disk is 1.5 inches in diameter and has "Lunkenheimer" and "Fig. 2129" embossed on one side (Figure 21). Lunkenheimer was a manufacturing company established in 1862 that produced bronze and iron valves(http://www.lunkenheimercvc.com).It is likely that this object is a portion of a value designed to control the flow of water or other liquid. The subsurface testing indicates that the project area has been modified by the introduction of fill material.Layer II and Layer III in Test Pit 1 and Layer II in Test Pit 2 are interpreted as imported fills based on their material composition and appearance. The presence of the surface sites in the project area, built on top of the Layer I soil deposit,suggest this soil was also an imported fill layer. HAUN &ASSOCIATES ( 27 • - • , , - ' , .3. 3333333-3......,. — —3. ....................... i Test Pit 1 t North wall profile Asphalt i , 0 . .._ - Layer I • ., --' ,, ,''' 1, Lay-et:i I, - . • , ..., , " - . , • i • . .—• Layer Ill Concrete i block Bedrock 1 _100cm 0 100cm • Layer I-Black(10YR 211)silty clay with 55%cobble and pebble inclusions;cultural material present 1 Layer II-Dark reddish brown(5YR 3/4)cinder gravel fill;no cultural material i 1 Layer Ill-Very dark brown boulder,cobble,pebble and gravel fill;cultural material present . ,. Test Pit 1 -Post-excavation(view to north) 1 *of;,-2,,i-or',' -—7 7-_:-.;:7;«1,-,,,---:=7"7-',4;,-;,,,T.,„z,,v,p.,-:w•..,,,,,a,,,i -,--;-,,,..,.:. ---,- e,;:ly. 331:-377f)3)!C:?:1A3';313.3;3.3.3:3''43.3. ,f.1t7.. ,.';:..v.i.,,,,..,,ti..,- '.33'i.,.333 3,-'' 3_3—.33!-":',.3;,33, 3333L:1•3'.33.3373,333,333.433'73a.- 3,W7P,',3,3,3',-`33,34 3''''.33 7 133' V.k.t* Z'.33 ' 3 3,-413733 3-3r 333033 . --,'-,t-' 1: ,-7‘3',...is',-.4..if,iCr.e=: t ff...,I;.31t,'iestitzt-.J...r.,.'Plitf.itrtzi0::-a-ltt.i:gi. 1-.,.° , ..,—..r ...:.....i rr' O - -'..f.'1 VtaltY,17,,,kfi.A110gt:Vnl.*- cit..4re.,t-pir,c; ..,;,.. P.A.41.114:.rikiltded.r.e.Oeptilt:Cv-Virg •' 1.'.L2 ''''''' '"-'4 tt-"V"1"-it,..-t i''%.3' rii-k--t,"III'iicOtti,r4=''',tif,.4'f.,""ti,..,r„,„iiiii,ifi,„ .-,'e',...-- i,..,, .'. • i'l,,i; ,,,,„ -,r ,-'It;,-- 1r4i-110ht,te#S4.111t,14t170t0o't41ii11.4Iiit)4 , Arti#lti4Fii#ly1gt1D4hO1ic90K1.,4#44I5X.N9tf4ilti4e4 1 A,.: f, •'..',-,,-.'‘`,,,,0**/:, *,,V,r.1: r11. i‘ill,,S,44t,r01‘,11.4474.4.,-, zo,;tz?,i4vAtivpic ttj,sittatirgy4t?..c-41, 4totimigili,Th 40 1,-111:TVIMPilittfit7A.-I,fAli'.104.,: 4„,*- ,„Ilvotii!,,.10.14411.,1,40,1!‘iillftli-51.... ..t",irAVF,V.:-,, , - ; '.i.f..'krA''', '--.' ';‘1,,,to:-.,,,-,54i.?*4k',,,,k,,,,..'::ti-Pi-6.4',..q.,:,',,,'',',. ..i.,..'"(ti",' ,'-'-• '-' .'--,' .4-'3 3' 3 3 . z-% 1 ti::-;-,:,1-;:,•=3''' 417,_.2 1-,..3-;42?I'ir'..'''':ftii".'4.4.,i;,:,:-.0);%,:.,i.f•:. '.' •''' ' -.4*,f.., i : 1 ''.::' .''''';',i,1.1- .''-.-•'---';-'',''t.A''','L.'6;14%"it'''''...:1:17,54:Ft.:.;.d,' , l' ,i,,Y.A.:- , Figure 19.Test Pit 1 profile and photograph HAUN &ASSOCIATES I 28 1 • � r4na ( ) 2 33 . �_�. o , ; N0 . 1 & i ��_ _ . Re Po ' ,- � t £� N g d h1R �& >F t'� k'� k E ti wg '.l,. &oi,v, ti � 4.. 4 Y: r{ i '� 3 -s4 k 'ia` -Y 4..� f rt ' 3 a Rx r- fi3 ,s z x rp* LL � ' r a , fi ;g ;r � -sd' '," fir �?' � ' rY z - e� X-1 �S ��r, Vi #'xs `r � w..£ ts` , s' r� � ' r a3'- s 3 m1 � " r ;,, - � �a e p _N � #3efit '',,:-...!;,,I.,,' .5e --:. � 1 " _ d.rr € , 1 ,W�n� .4wix'a r.w.sw�,,. rna:----- . nsa—nano.,,, Figure 20.Metal rod and copper disk from Test Pit 1 x ' 4,1!---1 Ii f�•i f { ,i it i. p I iii m , z" 4'? . ty kt 3 a,c v 4 I fil tre: gt ,Ii # v.rvm�r.-vrYarmmar,^msrm*:^^. _.. zez^wvwV— - ..,.. i.- . ., Figure 21.Metal rod a-d copper disk from Test Pit 1 HAUN &ASSOCIATES 1 29 TMK : i3 , 2 - 2 03 3 : 011 R2F. ..rt No 1S1- ?; , CONCLUSION Discussion The results of historical and archaeological background research indicates that a warehouse was formerly located in the project area (see Figure 9). This facility was subsequently removed in the early 1990s. The potential remnants of this facility, represented by a concrete slab, a metal gear and a concrete post remain in the project area. The project area is located in close proximity to the Waiakea Fish Pond and it is probable that the area was once extensively used prehistorically. However, subsurface testing during the project indicates that the subject parcel was significantly impacted by the historic introduction of fill material. No evidence of the pre-contact use of the project area was observed during the archaeological inventory survey. 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 (b), a site must possess integrity of location, design, setting, materials, workmanship,feeling, and/or association and shall meet one or more of the following criteria: 1. Criterion "a": Be associated with events that have made arr 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; and 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 site in the project area possesses integrity of location, design, materials, and workmanship. It is assessed as significant under Criterion"d".The site has yielded information important for understanding the historic use of the project area. Treatment Recommendations The mapping,written description and photography of the Site 14812'adequately document it and no further work or preservation is recommended.The developer plans to construct a warehouse and adjacent office building with associated infrastructure to be located in the southern portion of the project area.There are no immediate plans for the development of the remainder of the parcel.The proposed project will consist of mechanically grading the project area in advance of the construction activity Site 1:481 2'will likely be impacted during future development. This activity will have no effect on historic properties because Site—A-402 requires no further work or preservation. HAUN 8c ASSOCIATES 130 ! tv'1 ,i , 3 ; ! - 2 - 033 . 0 a 1. R _ not t o . i. .. - U' T A SLATION OF HAWAIIAN f•RDS1 ahupua'a-traditional Hawaiian land unit usually extending from the uplands to the sea halo-The pandanus or screw pine(Pandanus odoratissimus) heiau-Pre-Christian place of worship,shrine next in importance to ahupua'a and usually a subdivision of an ahupua'a konohiki-headman of an ahupua'a land division under the chief kukui-Candlenut tree(Aleurites moluccana),a large tree in the spurge family bearing nuts containing oily kernels kuleana-small piece of property,as within an ahupua'a Mahele-land division of 1848 mauka -inland olona-A native shrub(Touchardia latifolia),with large, ovate,fine-toothed leaves pahoehoe -Smooth,unbroken type of lava,contrasting with a a lava pia-General name for starch;starch made from arrowroot is called pia Hawai'i to distinguish from other starches pulu-soft,glossy,yellow wool on the base of tree fern leaf stalks(Cibotium spp.). '-from wehewehe.org HAUN &ASSOCIATES 131 M it : (_ 2 -2 - 0 ti _. . 3 J. .!. N 2 ' 3 • i .'' :.3 . i ^ i REFE 'ENCES Archives Division of the Hawaii Department of Accounting and General Services. 2017 http://a,gs.hawaii.gov/survey/reap-search Beamer,Kamanamaikalani 2014 No Mdkou Ka Mana Liberating a Nation. Kamehameha Publishing 2014,Honolulu, HI. Borthwick, D.,and H.H. Hammatt 1993 Supplemental Archaeological Survey and Testing of the Proposed University of Hawai'i at Hilo Expansion Area(TMK:2-4-01:10). Prepared for Engineering Concepts: Borthwick D.,J. Collins,W.H.Folk and H.H.Hammatt-- _1993 Archaeological Survey and Testing of Lands Proposed for Research and Technology Lots at the University of Hawai'i at Hilo(TMK:2-4-01:7 and 41).Prepared for Engineering Concepts. Bush,A.,M.McDermott,and H.Hammatt • 2000 Archaeological Inventory Survey of an Approximately 20-Acre Parcel Proposed for the USDA Pacific Basin Agricultural Research Center located near the Intersection of Komohana and Puainako Streets, South Hilo, Hawai'i Island (TMK: 2-4-01:por. 122). Cultural Surveys Hawaii, Inc Report prepared for SSFM International Inc. Carson, M.T. 1999 Archaeological Inventory Survey of the 176-acre Pana'ewa Campus Site, Waiakea Ahupua'a, Hilo District,Island of Hawaii(TMK:2-1-13:154) Chinen,Jon J. • 1958 The Great Mdhele:Hawaii's Land Division of 1848. Honolulu: University of Hawaii Press. DNLR(Department of Land and Natural Resources) 2003 Hawai'i Administrative Rules,Title 13, Department of Land and Natural Resources, Subtitle 13, State Historic Preservation Division Rules. Dega,M. 2000 Addendum to: Archaeological Inventory Survey of the Puainako Street Realignment/Extension Project, Expanded Corridor, Waiakea, Kukua 1 and 2, South Hilo District, Hilo, Island of Hawaii. Scientific Consultant Services, Inc.report Prepared for Okahara and Associates. Devereux,T.K., D.F.Borthwick,H. Hammatt,and M.Orr 1997 Archaeological Reconnaissance Survey of Keaukaka Military Reservation, South Hilo District, Hawai'i Island,Cultural Surveys Hawaii. Eble,F.J.,T.Denham,and J.Pantaleo 1997 Draft Report of Supplemental Archaeological Testing Conducted Along the Proposed Alternate Alignments of Puainako Street (TMK:2-4-01), Hilo, Hawai'i. On file at State Historic Preservation Division,Kapolei,Hawai'i. HAUN &ASSOCIATES J 32 % - 2 - v3 3 0 1. I e e ;; r - 8 0..`1'111..I r Ellis,W. 1963 Journal of William Ellis, Narrative of a Tour of Hawaii, or Owhyee...Honolulu: Advertiser Publishing Company. FR n.d. Foreign Register of Kuleana Claims Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawai'i 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 Hawai'i. Bull. Amer. Meteor. Soc. 94, 313-316, doi: 10.1175/BAMS-D-11- 00228.1. Hammatt,H.H.and A.R.Bush 2000 Archaeological Inventory Survey of Selected Portions of the Hawai'i Army National Guard 503.6-acre Keaukaha Military Reservation, Waiakea Ahupua'a, South Hilo District, Hawai'i Island (TMK:2-1-12:3 and 2-1-13:10). Haun and Henry 2000 Archaeological Inventory Survey, Hilo Harbor Facilities Expansion, TMK: 3-2-1-09: 2, 12, 41, 42 and TMK: 3-2-1-07: 20-37, Land of Waiakea, South Hilo District, Island of Hawai'i. Prepared by Haun & Associates for R.M.Towili Corporation. 2001 Archaeological Inventory Survey, Hilo International Airport Improvements, Land of Waiakea, South Hilo District,Island of Hawai'i (TMK:2-1-12:por 9). Haun &Associates Report 015 prepared for Wilson Okamoto&Associates,Inc. 2002 Archaeological Inventory Survey, DHHL Project at Panaewa, Land of Waiakea, South Hilo District, Island of Hawai`i (TMK: (3) 2-2-47: 01). Haun & Associates Report 173 prepared for Mr. Brian Nishimura. 2003 Archaeological Inventory Survey, DHHL Project at Panaewa, Land of Waiakea, South Hilo District, Island of Hawai'i(TMK:2-2-47:por 64),Haun&Associates Report 300 prepared for PBR Hawai'i. 2007 Archaeological Assessment, TMK: (3) 2-4-01: 116, Land of Waiakea, South Hilo District, Island of Hawai'i.Haun&Associates report 577 prepared for Mr.Sidney Fuke. 2008 Archaeological Assessment,TMK: (3) 2-2-30: Parcels 17 and 19 Land of Waiakea,South Hilo District, Island of Hawai'i. Haun&Associates report 571 prepared for Hooluana Place tLC. 2018 Archaeological Inventory Survey, Waiakea Ahupua'a,South Hilo District, Island of Hawai'i (TMK: 2-1- 013:Por.148),Haun&Associates Report 1102 prepared for PBR Hawaii. Hawaii Magazine 2018 hawaiimagazione.com HAUN &ASSOCIATES 133 t K [ 3 - 1- i) 3 . . r .. 1. keport No 148 , J : T. Hudson,A.E. 1932 Archaeology of East Hawaii. B.P. Bishop Museum Manuscript.Honolulu. Hunt,T.L. 1992 Interim Report: Archaeological Inventory Survey Puainako Street, South Hilo District, Island of Hawaii, Prepared for Okahara & Associates, Engineering Consultants, Ms. on file at State Historic Preservation)Division,Kapolei,Hawaii. Hunt,T.L.,and M.J.McDermott 1993 Archaeological Inventory Survey, Puainako Street Extension Project, Lands of Waiakea, Kukuau 1 and 2, and Ponahawai,South Hilo District, Hawai'i.Prepared for Okahara&Associates,Hilo. Indices 1929 Indices of Awards Made by the Board of Land Commissioners to Quiet Land Titles in the Hawaiian Images of Old Hawaii • 2016 imagesofolfhawaii.com. Kam,W. 1983 Letter Report: Unrecorded Heiau on State Lands,Waiakea,South Hilo, Hawai'i (TMK:2-1-07:11). Kelly,M., B.Nakamura and D.B Barrere 1981 Hilo Bay: A Chronological History, Land and Water Use in the Hilo Bay Area, Island of Hawai'i. Prepared for U.S.Army Engineer District,Honolulu. Kennedy,1.and S. Ireland 1994 An Archaeological Survey for the Proposed Hilo Forestry Office Complex Extension located at TMK:2- 2-2701, in Waiakea Ahupua'a, South Hilo District, Island of Hawaii, Archaeological Consultants of Hawai`i,Inc. Kikuchi,W.K. 1973 Hawaiian Aquacultural Systems. Ph.D. Dissertation, University of Arizona. Maly,K. 1996 Historical Documentary Research and Oral History Interviews: Waiakea Cane Lots (12, 13, 17, 18, 19, 20&20a).Prepared for UHH Hooikaika Club. Maly, K.,A.T.Walker and P.H. Rosendahl 1994. Archaeological Inventory Survey, Waiakea Cane Lots, Portion of Parcel 6.Land of Waiakea,South Hilo District, Island of Hawai'i(TMK:2-4-57:01)PHRI Report 1370.Prepared for Roy Takemoto. McDermott,M.and H.Hammatt 2001 Addendum to:Archaeological Inventory Survey of an Approximately 20-Acre Parcel Proposed for the USDA Pacific Basin Agricultural Research Center located near the Intersection of Komohana and Puainako Streets, South Hilo, Hawai'i Island (TMK: 2-4-01:por. 122). Cultural Surveys Hawaii, Inc Report prepared for SSFM International Inc. HAUN &ASSOCIATES ( 34 1 „ . • a i 33 . I . Report c .:rt .to . i '=8 J�i71 6 ir McEldowney,H. 1979 Archaeological and Historical Literature Search and Research Design: Lava Flow Control Study, Hilo, Hawaii. Prepared for the U.S. Army Engineer District, Honolulu prepared by the Department of Anthropology,B.P.Bishop Museum. McGerty, L.and R.L.Spear 1999 An Inventory Survey of an Additional Unsurve.yed Portion of TMK:2-4-57:1, Land of Waiakea, South Hilo District,Island of Hawaii.Prepared for R.M.Towill Corp. Moffat,R.M.and G.L.Kirkpatrick 1995 Surveying the Mahele: Mapping the Hawaiian Land Revolution. Palapala'aina. Honolulu: Editions Limited. Moniz,J.J. n.d. Historical and Archaeological Synthesis of Land Use and Settlement Patterns,Waiakea Ahupua'a,Hilo District. 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.Hawai`i State Archives. Rechtman, R.and J.D.Henry 1998 University of Hawai'i-Hilo, Kawili Street Development, Archaeological Inventory Survey (TMK:3-2-4- 01:5),Waiakea Ahupua'a, South Hilo District, Island of Hawaii. PHRI Report 1877"prepared for Inaba Engineering, Inc. Rechtman, R. 2001 Archaeological Inventory Survey and Limited Cultural Assessment for the Proposed Wastewater Treatment Facility at Kulani Correctional Facility (TMK:3-2-4-08:9). Rechtman Consulting Report RC- 0078 prepared for Ron Terry,Ph.D. Robins,J.,W.Fortini,and R.Spear 1996 An Archaeological Inventory Survey of the Proposed Mohouli Connector Road,Ahupua'a of Kukuau 1 and 2, Ponahawai and Punahoa,South Hilo District, Island of Hawai'i.Scientific Consultant Services of Hawai'i report 085-2 prepared for Youngki Hahn,Ph.D. Robins,J.J.,and R.L.Spear 1996 An Inventory Survey of the Puainako Street Realignment/Extension Project Expanded Corridor, Waiakea, Kukuau 1-2, and Ponahawai, South Hilo District, Island of Hawai'i. Report prepared for Okahara and Associates. HAUN &ASSOCIATES I 35 I TPvt :< : ( 3 ) 2 - O3 '3 : O1 .0 Report No . 148 � ,S 15 A Rosendahl, P.H. a ] 1994 Archaeological Field Inspection, Hale Nani Work Release Center, Land of Waiakea,South Hilo District, ) t Island of Hawaii.PHRI Letter Report 1516.Prepared for Belt Collins Hawaii. 2 Sato,H.H., E.W.Ikeda,R.Paeth, R.Smythe,and M.Takehiro Jr. 1973 Soil Survey of the Island of Hawaii. U.S. Dept. of Agriculture,Soil Conservation Service and University i of Hawaii Agricultural Experiment Station.Washington D.C.Government Printing Office. � II Speakman,C.E.,Jr. j 1978 An Informal History of the Hawaiian Island. San Rafael:Pueo Press. i Spear,R.L. 1 ) 1995 Data Recovery Excavations for Sites 50-10-35 19431, 19432, 19433 and 19434, Land of Waiakea, South Hilo District, Island of Hawai'i(TMK:2-4-57:01). Report prepared for Roy Takemoto. 1998 Letter Report concerning Archaeological Reconnaissance Survey of the Puainako Street Realignment/Extension Project Expanded Corridor, Waiakea, Kukuau 1 and 2 and Ponahawai, South Hilo District,Island of Hawai'i.Scientific Consultant Services Inc., Honolulu, Hawaii. 4 Stokes,J.and T.Dye 1991 Heiau of the Island of Hawaii. Bishop Museum Bulletin in Anthropology 2. Bishop Museum Press, Honolulu. U.S. Climate Data website(http://www.usclimatedata.com) University of Hawai'i at Manoa online library I 9 2017 http://magis.manoa.hawafi.edu 4 Waihona'Afna Corporation 1998 The Mahele Database,waihona.com. Walker,A.T.and P.H. Rosendahl 7 1996 Archaeological Assessment Study, Hilo Judiciary Complex Project, South Hilo District, Island of Hawai'i.PHRI report 1721 prepared for State of Hawaii,Dept.of Accounting and General Services. Wehewehe.org 1 2016 Hawaii Electronic Library Na Puke Wehewehe'Olelo Hawaii Wheeler, M.,0.Bautista,S.Wilkinson,and H.Hammatt 2014 Archaeological Inventory Survey and Monitoring Plan, Phase I, Keaukaha Military Reservation (KMR), Hawaii Army National Guard Facility Waiakea Ahupua'a, South Hilo District, Island of Hawaf'l,TMKs: [3] 2-1-012:003, 131 and [3] 2-1-013:010, Cultural Surveys Hawai'i report prepared for Hawaii Army I National Guard. Wolfe,E.,and J. Morris i 2001 Geological Map of the Island of Hawaii.U.S.Department of the Interior.U.S Geological Survey 11 HAUN &ASSOCIATES 1 36 i a e.,, .'.. Awa y'+hs.tK"", s iu+c a..- a x .=u .! ki. tS,y.pyx q p l { ''l j ; • ' ,+<,,� ds L,a .s *4:" l y>• r £ a •;t a ,�vh-d:;i,c., " r.,7a rx T... ,C. ;' __.. s, . „a: w+ 3 tte 4'��r s'�v'm,. tg ,--.�v+� ' 'r`"tait s.„r _ L,' ` - �'-• T.`;� "� , C, s is 7` A;00•13:174.W. °s. cS � , 4 -I ` e r • " Je v t �� a.y� ' f $a x€va „r�`��` I' � ,- lrla .- g(� s ,.. ' 't. y °`i d Jy b`" ? '�.� a"Yte. Jfis,' ,, "_rte s, 1 .. `:5., 3�'' `n3 1 k f iSu r"!,"'.44,.,,, -- r^ 71 4r!, r-'w,, ix y 4 4 . �Cs". `'s ,� .,y,n `' a. `ts3`t ''1`xt ':'47•.,-.A4 s, 1 ,'� y r r f*3" ' - �''I 2t°i y + t ;�t 3 a�� Zr'4 ,y:4 ?; '� v0.1• a 5' 7"x, L1$ age #s'. p �4 MI r z„Y. ,3 _ .w. i:" `a *4 Y. `, a, 2 z T ,1 1 s, �'Y£6� �- sf'" ��``"�.'� � �.�,.y�.; ;: �� r Sz 'P..� ��' .q. t �t`,��- }}S� � e j ,v i $j �»,,t z `3 `�. st"` Y ,,t ,n, 3, :. �-• ... .. n,�i':< P.Z�� ,_ r-...,,------1,, mak,x .4' w � ,,ek „,,..,.4-,,,,,,',140:11,,,:,1 - 1 r- ts��,t` `} p r �w;k4"4, � ``¢' 4Ri :x v :tt#,,r:a.,x0 * • ;�#`, 'a • t Y t t 4 ' ' - _• r• ,. ..-,)'i_. ”'r a„'.3� s'' �t� su' • l -3;:ll, �,lm s ilild s''a', a4'�. tt,.'k .. 2 # , L,t7..0.. t - : e a4Ak� f 4.5. _. ` "• `y�1z� SvCi' � i _ I ' ._ ', ';4's w 4 ' :�s �,*.4, 5. 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X';'.1.-:'''' ''6:F.';-,"..i,:..; - . s, Flood Hazard Assessment or ' �['"�t�e �e�`dss�..sa d resit, f �. , •, l i. ., ' -'y aw,w.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS(SFHAs)SUBJECT TO INUNDATION BY ,,.w THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood(100- ' f}, '";.`-r year).also ken-c as the base flood,is the flood that has a lib chance of {. being equaled or exceeded in any given year.SFFiAs include Zone A,AS, AN,AD,V,and VE. The Base Flood Elevation(BFE)is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance information Notes: purchase applies in those cones COUNTY.Property HAWAII9 ,'',�sem"y,; Zone A:Na BFE determined TMK NO: (3)2-2-033:011 r°`+`�'` r' Zone AE:BFE determined I ,m ,,w-Em WATERSHED; WAILOA — - Zone AH.Flood depths of 1 to 3 feet(usually areas of ponding); PARCEL ADDRESS: 525 PIILANI STREET BFE determined. HILO,HI 96720 Zone AO: Flood depths of 1 to 3 feet(usually sheet flow on Flood Hazard informa on sloping terain);averagedepthsdearw;ned FIRM INDEX.DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with valoc'ty hazard(wave action): - no BFE determined. LETTER OF MAP CHANGE(S): NONE FEMA FIRM PANEL: 1551660904E Zone VE:Coastal flood zone with velocity hazard(wave action); 1.6I,- ''' BFE determined.. PANEL EFFECTIVE DATE: SEPTEMBER 29,2017 Al, Zone AEF: Flood•rtay areas in Zone AS.The floodway is the d channel of stream plus any adiacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood can be carried without increasing the BFE. ' NON-SPECIAL FLOOD HAZARD AREA-An area in a low"to-moderate risk THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: YES flood zone.Ne mandatary Flood insu:once purchase requirements apply, • FOR MORE INFO,VISIT:hc':p:/jwnvwscd.hawaif Dov/ but coverage is available in participating communities. . THIS PROPER','IS WITHIN A DAM EVACUATION ZONE: NO i Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng.hawai;.gov/dam/ : 1%annual chance flood with average depths of less than 1 foot {,,,. or with drainage areas less than 1 square mile; and areas -" "• protected by levees from 1%annual chance flood. I.- a Zone X:Areas determined to be outside the 0.2%annual chance 0 400 800 ft floodplain. 45,. r t- p zar tpa nt.rt of Leon ond t of a R :, ITr t•,J assanle.5 0 .r porirb i7>c!,-,.,3r7,^ors OTHER FLOOD AREAS ' the u-.,«ccurcicr. tpletea___,and iitreli_ss of - nns i :'r,nxz on contained in'this r uori. V,c,vc / sers arc esfh itsibi "f°-,r or v n r the air' a r of Nr i t a.r.• ao"5'i gat 2 to tr feat.try '.e"'MR' its efh'ce s.and e'nt ry z ;es from a.p Apo l..y IIIni a n t•rrs./0177-_.,_,C qr ts CC �.r,n,it n;:':on Zone D: Unstudied areas where Good hazards are uedeter- ti mined,but flooding is possible.No mandatory flood insurance t5 not , t/fh,, act;a,0 i ici -t"/ a o P'tc MIN,A.4 P e in ' ct barng provided/T. Jorm r pttpurchase apply.but coverage r available in participating corns-nu- t/ . be -mo fU j-c z1,nuuranc t,rp.Cont_.t you caw:4,- toup f to r,1PC�i Jo ,a.ORCon.C Ia :::::r?p'ses anrr19 Pons ha be tried r commplia a 'i fi;lcrr,:A - nit!eS. r,a.i,stnrn rt. caer,.e e7i'aratzs. EXHIBIT D • • • • e _ Iy Civil Defense AaencyMayor L - 920 Ululani St.° Hilo, Hawaii 96720 s (908) 933-0031 a Fax (SOS) 935-6460 05750 • • TO: Planning Director • ti t4 K . FROM: Harry Kim, Administrator DATE: January 30, 1991 SUBJECT: GENERAL PLAN AMENDMENT 91-2 • The most appropriate use of the land area between Hoolulu Park Complex and Wailoa River State Recreation area in Waiakea , City of Hilo, would be to include it as part of the Wailoa River State . Recreation area (open area) . This position is based on: 1 . Tsunami Zone 2 . Minimize further congestion of the area . Traffic and pedestrian congestion is beyond capacity during all major events at the Hoolulu Park Compex and at the Wailoa State Recreation area. 3 . Complimentary use of land with its neighbors of the Wailoa State Recreation area and the Hoolulu Park Complex. It is obvious that to classify the land as open area , purchase by State or County government should be done to insure fairness to owners . _ The second most appropriate use of subject parcels would be for • light industrial use. This position is based on: 1 . Residential use of an area that is subject to .impact by tsunamis should be limited when practical . 2. Medium density urban development in an area abutted by activities that naturally produces heavy night use , traffic congestion (County Fair , ball games , parties , etc. ) would be an invitation to conflict with residents and recreational activities . Conflict would be over lights, noise, parking and traffic congestion and patterns . .3 . Strongly in favor of Item C of Resolution 24290 where light industrial use of the area would be sensitive to the surrounding open space and recreational uses . Is it possible to require specific design of_ building, buffer zones , ingress and igress , etc. to insure sensitivity to area? ayk EXHIBIT E i • Lorraine R.Inouye Planning Commission Mayor 25 Aupuni Street,Rm.109 a Hilo,Hawaii 96720® (808) 961-8288 OF NPl September 11, 1992 Honorable Kalani Schutte, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Schutte and Members : Change of Zone Application (R92-7) Applicant : Suisan Company, Ltd. Request: V-S- . 75 to ML-20 Tax Map Key: 2-2-33 : 11 , 12 , 19 & 20 The Planning Commission, after a duly held public hearing on August 20, 1992 voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 112, 000 square feet of land from a Resort Hotel/Safety-750 square foot (V-S-.75) to a Limited Industrial-20, 000 square foot (ML-20) zoned district. The applicant proposes to consolidate the 4 subject properties into an approximately 112, 000 square-foot parcel to construct the following components of the proposed development : a. a one-story, 32, 000 square-foot warehouse/storage facility; b. a two-story, 15,210 square-foot processing facility/office building; c. 6 paved loading areas adjacent to warehouse/storage facility; , d. 87 paved parking stalls within the Hualani and Piilani Street portions of the subject properties (64 regular, 20 compact and 3 handicap stalls) . The Commission concurs with the following Planning Director ' s reasons for recommending favorable consideration of the change of zone:. An evaluative corollary to the LUPAG map is the policy analysis approach. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards EXHIBIT Eb 1 1 1992 { 1, Honorable Kalani Schutte, Chairman and Members of the County Council Page 2 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 also be considered as they may have an impact on similar areas in the County. The requested change of zone conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the area for Industrial uses . Such a designationmay allow manufacturing and processing, wholesaling, large storage and transportation facilities , and light industrial uses . Therefore, the proposed development may be permitted provided that applicable goals, policies and standards of the General Plan are met . It is determined that the request is consistent with the urban form depicted on the LUPAG Map for this area of Hilo. The applicant proposes the establishment of a. fish processing/warehouse/office facility on the project site which will provide an added dimension to the type of fish currently processed by the applicant . According to the applicant, fish marketing activities are limited to the sale of fresh fish, thereby subjecting the applicant to the fluctuating supply and demand for such fresh products . The proposed facility will allow the applicant to process fish products into tempura, jerky, breaded fish, frozen fish filets , and other products . The applicant would therefore be able to expand the demand for fish or fish products throughout the year by providing a greater variety of fish products with longer shelf-lives . The greater variety of fish products would also reach a broader market . For the reasons stated above, the Change of Zone will be consistent with the following goals and policies of the Economic Element of the General Plan: * The County of Hawaii shall strive for diversity and stability in its economic system. . * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County' s natural and social environment . S ii Honorable Kalani Schutte, Chairman and Members of the County Council Page 3 * The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors . * The County shall encourage the expansion of the fishing industry, various forms of aquaculture, and other fresh and ocean water-based activities . There is a continuing demand and need for additional industrial zoned lands to accommodate present and future industrial activities in the Hilo area . Therefore, while the Hilo Community Development Plan, adopted in 1975 , suggests multiple family residential uses in this area at a density of 4 units per acre, conditions have changed over the years to justify the rezoning of the property to an industrial district . In response to comments provided by the Department ,of Public Works, the following improvements are recommended: * Upon the development of parcels along the unconstructed portion of Mililani Street in the immediate vicinity of the subject properties , the applicant shall either participate in the construction of Mililani Street or a fair share contribution of its construction (280 feet) at a time and in a manner meeting with the approval of the Department of Public Works . * That portion of Piilani Street fronting the project site shall be constructed to commercial standards . Water is available to the subject properties via an 8-inch water line along Piilani Street . Wastewater disposal will be provided through the County' s existing 36-inch sewer line along Manono Street and a proposed 42-inch line along Kaweolani Street . Upon the implementation of improvements recommended above, the subject properties will be adequately serviced by the County° s roadway, water and wastewater disposal systems . Therefore, approval of this request would complement the following General Plan policy for industrial development in which such. development "shall be located in areas adequately served by transportation, utilities , and other amenities . " The proposed facility is located in close proximity to the applicant ' s auction facilities at the mouth of the Wailoa , River . This facility accommodates incoming fishermen with their r' Honorable Kalani Schutte, Chairman and Members of the County Council Page 4 daily harvest. The proposed facility in its location approximately 1,700 feet to the south of its auction facility complements a standard of the General Plan in which "Industrial activities may be located close to raw materials or key resources . " For your favorable consideration, an amendment to Section 25-114, the City of Hilo Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, ennis R. Holt, Vice Chairman Planning Commission 7630d jdk Enclosures xc: Suisan Company, Ltd. R. Ben Tsukazaki, Esq. Department of Public Works Department of Water Supply Civil Defense DLNR Mayor Planning Director Connie APPROVED: LORRAINE R. 'O ' E MAYOR cPC, i9 59Mp•i OFFICE PLANNING�qp DAVID Y.!GE ?zo•• 4--ia%::,h11 `�.CFFICE OF ® LA �4 ING GOVERNOR ?yyF "a' Y�41 Y}j LEO R.ASUNCION t=,S �, '�+('7 j0 p�+�. ®�� DIRECTOR :f?: Y,yP ff'+ `I'/� STATE OF HAWAII OFFICE OF PLANNING eW _`i_r: .. ......--•7,0�. 235 South Beretania Street,6th Floor,Honolulu,Hawaii 96813 Telephone: (808)567-2846 4O, e. Mailing Address: P.O.Box 2359,Honolulu,Hawaii 96804 Fax: (808)587-2824 Web: http://planning.hawaii.gov/ DTS201806270745RI June 27, 2018 r., P' ' Czci C??, Mr. Michael Yee, Director Department of Planning County of Hawaii ---N :.o East Hawaii Office .. .. c ni 101 Pauahi Street, Suite 3 I -- 3 Hilo,Hawaii 96720 ry A ry Attention: Mr. Christian Kay •z cri ' Dear Mr. Yee: I Subject: Applications for Amendment to Change of Zone Ordinance No. 92 122, Revocation of Special Management Area Use Permit No. 334 (SMA 92- 000003), and Special Management Area Use Permit (SMA 18-000070)to Develop a Potable Water Well and Bottling Facility with Related Improvements; Waiakea, South Hilo,Hawaii; Tax Map Key: (3) 2-2-033: 011 Thank you for the opportunity to provide comments on the subject Special Management Area (SMA)Use Permit Application, transmitted via memorandum received June 18, 2018. According to the subject application,Piilani Partners,LLC proposes to develop a potable water well and bottling facility on 2.57 acres of vacant land. As proposed, a 12-inch borehole would be drilled to an estimated 1,050-foot depth to encounter the same fresh groundwater as found in the State's drilling project conducted in 1993-94. The well would be completed to produce bottled beverages for distribution to various local and non-local markets. Besides the amendment to Change of Zone Ordinance No. 92 122,the applicant is requesting issuance of a SMA Use Permit for the proposed water well and bottling facility, and revocation of the existing SMA Permit No. 334,which was previously granted for a proposed fish processing facility. The Office of Planning has reviewed the application,and has the following comments to offer: 1. The Hawaii Intermediate Court of Appeals' (ICA) decision in Kauai Springs, Inc., v. Planning Commission of the County of Kauai, dated April 30,2013,requires Planning Dept. 119 2 5 3 Exhibit e` Mr. Michael Yee, Director June 27, 2018 Page 2 decision-makers to specifically consider the applicant's use of public trust resources pursuant to Article XI, Section 1 of the Hawaii Constitution. Consequently,the county authorities should make "appropriate assessments" and "require reasonable measures" to protect public trust resources. Where public trust resources are used for economic gain,the ICA requires the county authorities to give the permit application a higher level of scrutiny, and places a higher burden on the applicant to justify the use of the public trust resources. Given that the proposed well and bottling facility project seeks the use of groundwater for economic gain, with a pump to be installed to provide a sufficient flow rate to ensure the groundwater supply for production,public trust resource evaluation required by the ICA should be applied to the subject SMA use assessment. 2. The application states that the groundwater resource in the subject area is part of the "Northeast Mauna Loa aquifer system of the Hilo aquifer system." The aquifer above which the entire site is located"is currently used as a drinking water source,fresh, irreplaceable, and is highly vulnerable to contamination." The proposed well will draw water exclusively from the fresh artesian zone at depth. The application should discuss the expected productivity of the proposed bottling plant and the amount of groundwater supply required for production,and provide an assessment with supporting information to justify the statement, on page 3,that: "Supply of this water for the proposed bottling plant would have no impact on existing groundwater uses,none of which tap into this previously unknown fresh water artesian water at depth." 3. Input and comments should be specifically sought from the State Commission on Water Resource Management for the proposed use of groundwater resource in the subject area. If you have any questions regarding this comment letter,please contact Shichao Li of our office at (808) 587-2841. Sincerely, °i Leo R.Asunc Director Kay, Christian _ From: Hardy, Roy <roy.hardy@hawaii.gov> :t Sent: Tuesday,July 10, 2018 1:42 PM To: Kay,Christian Cc: Imata, Ryan R;Yoda, Kathy S;Ching, Faith F Subject: Piilani Partners LLC SMA comments Aloha Christian, • Nice talking with you. Recap of our conversation is that our only comments on the project would be that the applicant needs to come in and get well construction and pump installation permits from the Commission before the well is constructed. Now that I think about it,we would also comment that since this is to-be a potable source for human consumption,the Department of Health should also be consulted so that the well is in compliance with their safe drinking water regulation requirements. Aloha, Roy Hardy, P.E. Ground Water Hydrologic Program Manager State of Hawaii Commission on Water Resource Management 1151 Punchbowl St.Room 227 Honolulu, HI 96813 Phone:808-587-0274 Fax: 808-587-0219 Web Page:http://dlnr.hawaii.gov/cwrm/ � I •I:10415., 1 Nanning Dept. Exhibit �� _ • • CAMBLOR OPTOMETRY CLINIC - rte; 479 MILILANI STREET -- _ `� 88 HILO,HAWAII 9620 C)�' —7 L 808-935-1111 —•• � June 112018 - • • Re:Piilani Partners,LLC TMK:2-2-033:011 - . 3 rV . . TO: COUNTY OF HAWAII PLANNING DEPT. - 101 Pauahi Street,ste.#3 '�:�_ -._N_ Hilo,Hi.96720 S.•.. .. . 1 am in receipt of a letter from Mr.Sidney Fuke concerning using the parcel tmk 2-2-033011 far use as a water potable well and water bottling facility. I am AGAINST this proposal and give my reasons below. 1) That parcel is immediately adjacent to Wailoa State Park.Having a warehouse tWe of structure in that area creates industrial blight smack in the middle of Hilo town and next door to a state park. 2) The site in question is the previous site of a lumber treatment facility.The grounds,and the water below it are probably contaminated with those lumber treatment chemicals. 3) The site in question is also proximal to a former canic production facilitythat used a strychnine poison treatment for the final canic product. 4) The site in question is less than a mile from the Hilo landfill.Years and years of toxic products from the landfill have probably leached into the ground waters.Items 2,3,and 4 are not desirable for healthy drinking water.In addition,there are still properties in the vicinity that are on cesspools 5) Native bird species in this area maybe negatively impacted by loss of habitat,noise intrusion and possible increase in pollutants from trucking,etc. , 6) This final point may,or may not be valid,but I wonder if it is wise to harvest ground water for drinking purposes from a location so close to the ocean.I would think saltwater intrusion might be a big issue to consider as well. Perhaps denying these permits might actuallybenefit Piilani Partners from making the mistake of an investment that doesn't yield the desired proper end product. This parcel should be used for much more than an industrial facility in THAT location.Itis across the street from Countyand State parks,and Nook Chinen Stadium,and residential areas.It should be used to further beautify Hilo,not degrade it further with an industrial plant there. Those are myconcerns.I also find the letter from Mr.Fuke to be remiss in stating an address for the "Commission"in order to voice these opinions,as well as remiss in stating an address for the Hilo Planning department. Thank you for your attention to this letter.I hope to be keptabreast development plans. Best regards, AA CAMBLOR,O.D. 11933$ Nanning Dept. Exhmbs - _ Acv SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance•Zoning Telephone:(808)969-1522•Fax:(808)969-7996 •Subdivision•Land Use Permits AZirmlir E-mail:sidfuke@hawaiiantel.net •Environmental Reports July 6,2018 r-- U c Mr. Michael Yee,Director Planning Department COUNTY OF HAWAII - : 101 Pauahi Street 1 Hilo, HI 96720 v �T z co Dear Mr.Yee: - Subject: Piilani Partners,LLC Rezoning and SMA Applications -TMK: 2-2-033: 011 Thank you for providing me with agency comments to date regarding the subject applications. In response to those comments,please note the following: The State Department of Land and Natural Resources-Land Division had no comments or objections to the request. The County Police Department did not anticipate any significant traffic or other public safety issues. Relative to the County Department of Environmental Management's comments,the applicant will have its wastewater system connected to the line fronting Piilani Street. The County Department of Water Supply's requirement for water usage calculation will be provided prior to issuance of any building permit requiring water usage for the project. It should be noted,however,that the anticipated water usage should not exceed one (1)unit or at the most two(2)units of water. A backflow preventer, if necessary,will also be installed and any improvements to the right-of-way will be made to accommodate any required water system improvements. Relative to the fire flow requirements,this and other requirements of the Fire Department can and will be addressed in conjunction with the building permit process. If an alternative system to address the Fire Code such as storage tank,building design, and so forth cannot be met,the water line will be improved. The County Depaituient of Public Works recommended that curb,gutter and sidewalk be installed fronting the property along Piilani Street. The applicant is willing to make said improvements prior to issuance of an occupancy permit for any commercial activity on the site and not necessarily upon development of the well. Further,any on-site improvements will address project-generated runoff to avert runoff to adjoining properties. A drainage plan will be prepared and submitted in conjunction with the Plan Approval for any structures on the property and not necessarily in conjunction with the well construction process. Finally, as with the current language(Condition I)of the subject rezoning ordinance,the applicant is willing to pay its proportionate share of improvements to extend Mililani Street if and when there is a program to improve said extension comes to being. Planning Deet® 11.9348 Exhibit Mr.Michael Yee, Director July 6,2018 Page 2 It should be noted that the request is for the construction of a water bottling facility which will initially require the drilling and, if successful,the outfitting of the well. Should the well not prove to be successful,the project will not proceed. As such,the applicant requests that any conditions—particularly infrastructure obligations—be structured accordingly. We trust that the foregoing comments sufficiently address to those agencies' comments. Responses to other agency comments,particularly the State Office of Planning and State Department of Health,will be provided separately. Should you have any more comments or questions on this matter,please feel free to direct them to me. Thank you very much. Sincerely, `1,n , SIDN Y . FUKE Planning Consultant Copy—Piilani Partners,LLC via email • • SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•variance•Zoning Amma7Formw Telephone:(808)969-1522•Fax:(808)969-7996 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports ry coo July 10,2018 O z Mr.Michael Yee,Director _ Planning Department 3 COUNTY OF HAWAII >-73= ry 101 Pauahi Street Hilo,HI 96720 l `� z � --1 Dear Mr.Yee: Subject: Piilani Partners,LLC Rezoning and SMA Applications-TMK: 2-2-033: 011 In its comments on the subject matter,the State Office of Planning noted that the projected amount of water to be harvested and its impact on the overall groundwater resource should be discussed. Such an assessment is important to determine the project's impact on the"use of public trust resources" (in this case groundwater)and whether "reasonable measures"have or can be taken to protect this public trust resource. This is an understandable concern. The applicant has retained Mr.Tom Nance of Tom Nance Water Resource Engineering as its hydrological consultant. While no written report was generated,there have been internal discussions/communications with Mr.Nance on this issue. Thus,the information provided herein reflects the applicant's understanding of these discussions and understanding. Relative to the projected amount of water to be harvested,Mr.Nance anticipates the installation of a 250 gallons per minute("GPM")pump for an initial supply of up to 100,000 gallons per day("GPD"). That would be the equivalent of.10 gallons per day("MGD"). Depending on market demand for the resource,the use may eventually increase to an order of 200,000 GPD or 0.20 MGD. For the purpose of this assessment,then,the applicant would be looking at a well output of.20 MGD. Relative to the aquifer,Mr.Nance informed the applicant that the proposed well: "is within the area delineated as the Hilo Aquifer System for which the State Commission on Water Resource Management("CWRM")has set the sustainable yield at 349 MGD. Groundwater in the Hilo Aquifer system exists in the Mauna Loa lavas. Current and foreseeable planned use of wells in this aquifer system is not more than 5.0 MGD." (Emphasis added) 119417 Planning Dept. Exhibit Mr.Michael Yee,Director July 10,2018 Page 2 The applicant's projected draw of.20 MGD of a projected residual aquifer balance of 344 MGD(349 MGD less 5.0 MGD)would result in a balance of 343.8 MGD and represent less than.1% of the aquifer. Mr.Nance thus concluded that"Use by the water bottling plant would be a very small addition to this modest amount of ongoing and foreseeable use". (Emphasis added) Mr.Nance informed the applicant that while the well will be in the CWRM's Hilo Aquifer, "it will actually draw from the Mauna Kea lavas which, in this location, exist at depth(about 800 feet below sea level)beneath the Mauna Loa lavas. The Mauna Kea lavas are designated by the CWRMas the Onomea Aquifer system with a sustainable yield of 147 MGD." Current and foreseeable use of groundwater in this aquifer system is also less than 5.0 MGD. (Emphasis added) The applicant's projected draw of.20 MGD from the Onomea Aquifer system would result in a projected residual aquifer balance of 142 MGD(147 MGD less 5.0 MGD)would result in a balance of 141.8 and represent less than .2% of the aquifer. Mr.Nance further noted to the applicant that "The groundwater that would be tapped by this well exists far below sea level at a depth no other existing or foreseeable well would tap into. This groundwater, if not used, would simply discharge into the marine environment at greater depth and miles offshore."(Emphasis added) Thus,given the applicant's projected minute amount of draw of.20 MGD from either the abundant Hilo or Onomea Aquifer systems as well as this incessant discharge of this untapped groundwater,impacts to the groundwater resources should not be significant. Therefore,it can be reasonably concluded that this project should not be incongruous or violative of the public trust resources doctrine. The applicant intends to submit its application for a well construction/pumping permit in the very near future. It also understands that should the SMA request and well/pumping construction permit be approved,prior to their conversion into a potable water bottling plant,the requirements of the State Department of Health relative to a"Public Water System"must and will be complied with. The applicant believes that because of the depth of the well and/or water source,the appropriate potable water quality standards can be met. We trust that the foregoing comments sufficiently address to the public trust resources doctrine and related comments of the State Office of Planning and Department of ' Health. Mr.Michael Yee,Director July 10,2018 Page 3 Should you have any more comments or questions on this matter,please feel free to direct them to me. Thank you very much. increly, Vl SIDNEY M.FUKE Planning Consultant Copy—Piilani Partners,LLC via email Mr.Tom Nance via email 1 1 I • I I I SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•variance•Zoning AziA70,1=s7 Telephone: 808 969-1522•Fax:(808)969-7996 •Subdivision•Land Use Permits E-mail:sidfuke®hawaiiantel.net •Environmental Reports • July 10,2018 J_ cw� Mr.Michael Yee,Director r C-?D c.. Planning Department U = COUNTY OF HAWAII y F� 101 Pauahi Street J3 7 Hilo,HI 96720 —, -2 ' Dear Mr.Yee: _•_ ry Z Subject: Piilani Partners,LLC Rezoning and SMA Applications-TMK: 2-2-033: 011 Thank you for providing me with a letter from A.A.Camblor,O.D.,dated June 11, 2018 relating to the subject matter. We would like to respond in the order listed in the letter. 1. The site is currently zoned Industrial(ML-20). Relative to the host of industrial type of uses that are permitted in that zone,this proposal is somewhat benign. It calls for only a single-story office and warehouse structure. Further,through the Plan Approval process, landscaping will also be required and implemented, which will help mitigate potential visual impacts of the project. It should be noted that the former lumber treatment facility and the previously proposed warehouse and food and fish distribution center were much greater in size and operation than the proposed water bottling facility. 2. A Phase I Environmental Report was prepared and included in the application. Said report did not disclose any potential contaminant of the site requiring a Phase II study. Notwithstanding the findings of that report,,prior to the distribution of water from the well for potable purposes,the water must be first tested,certified,and approved by the SafeDrinkingWater Branch of the State Department of Health.Understandably,if said approval cannot be secured,water from that well cannot be distributed or used for potable purposes. We would like to add that the applicant's hydrologist,Tom Nance,has noted that the potential and/or desired source of the water would come from the Mauna Kea lava flow,and that"The groundwater that would be tapped by this well exists k below sea level at a depth no other existing or foreseeable well would tap into." (Emphasis added). 3. Relative to the issue of the site's proximity to a former"canec"plant,the response found in item 2 should cover this. Please note that in that situation, a Phase II Environmental Study was also done,resulting in remedial action. This is not the case here. Planning Dept. 119 418 Exhibit I Mr.Michael Yee,Director July 10,2018 Page 2 4. The issue of the groundwater impact resulting from the landfill and residual cesspool use in this area has also been addressed above. 5. Relative to possible impacts to native bird species,this area is not necessarily a unique habitat. Nonetheless,possible species that may,but necessarily do, frequent the area would be the Hawaiian Hoary bat and the Hawaiian hawk. In similar situations,the State Division of Forestry and Wildlife("DOFAW")has recommended certain mitigation. For example, if a faunal study shows the sighting of the Hawaiian hoary bat,DOFA had recommended that a)woody plants greater than 15 feet tall not be removed or trimmed during the bat's breeding season(June I to September 15);and b)barbed wire fencing be avoided as much as possible. Relative to the Hawaiian hawk,the DOFAW's concern also dealt with noise and its potential impact to the hawk's breeding season—March through September. As such,land clearing could be minimized or avoided during that period. 6. Finally,in terms of the potential of saltwater intrusion,this has been addressed by comment no.2 above and more so,in the response to the State Office of Planning's comment regarding the public resources doctrine. In that response, also this date,observations of the applicant's hydrologist,Tom Nance,regarding the groundwater source and its potability potential was fully discussed. I trust that this fully addresses the comments. If not or should you have further questions on this matter,please feel free to direct them to me. Thank you very much. Sincerely, 1\lAj\i ) SIDNEY M. PUKE Planning Consultant • Copy—Piilani Partners,LLC via email RPiilaniPartnersAmendREZ.crk.7 25.18 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PIILANI PARTNERS, LLC (FORMERLY SUISAN COMPANY, LTD) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 92 122 (REZ 727) Upon review of the request, the Planning.Director recommends that a favorable recommendation of the request to amend Change of Zone Ordinance No. 92 122 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 based upon additional infonnation presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a 5-year time extension to comply with Condition C (Final Plan Approval) and Condition D (Complete Construction) of Change of Zone Ordinance No. 92 122, which reclassified approximately 2.5712 acres from Resort Hotel- Safety-7,500 square feet (V S-7.5) district to the Limited Industrial - 20,000 square feet (ML-20) zoning district in order to facilitate the construction of a fish processing plant, accessory office use, parking and related improvements on the subject property. As discussed below, the original applicant abandoned that project and as such, did not comply with several conditions of Ordinance No. 92 122. Condition C required the original applicant to secure Final Plan Approval within one (1) year of consolidation of the four (4) original parcels which make up the project site. That consolidation was finalized on October 24, 1994 making the date to secure Final Plan Approval October 24, 1995. Condition D required commencement of construction within one (1) year of receipt of Final Plan Approval and completion of construction within two (2) years after that. Condition D was never completed as the project was abandoned. The applicant is proposing to delete Conditions C and D and replace them with a new Condition C to read as follows: "Construction of the proposed development shall be completed within five (5) years from the effective date of this amendment. Prior to construction, the applicant(s), successor(s) or assign(s) shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with -1- Section 25-2-70 Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structure(s),paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17(Landscaping Requirements). " The applicant is concurrently requesting revocation of Special Management Area (SMA)Use Permit No. 334, granted in 1992 to allow the construction of a warehouse, fish processing plant, accessory office use, parking and related improvements on the subject property. Additionally, the applicant is requesting a new SMA Use Permit to develop a potable water well and bottling facility with related improvements on approximately on an approximately 31,000-square foot portion of the 2.5712-acre subject property. The proposed development will occur on the southern quarter of the property with road frontage along Piilani Street and the remainder of the property will remain vacant at this time. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. As stated above, the original applicant, Suisan Company, LTD secured the subject change of zone ordinance and subsequently SMA Use Permit No. 334 in 1992 to develop a warehouse, fish processing plant, accessory office use, parking and related improvements in conjunction with a planned fish auction site near the mouth of the Wailoa River. Due to health and other environmental requirements, the planned use of the Suisan Fish Market auction site was terminated, this along with a sluggish economy in the 1990s caused Suisan to shift focus to improving its current location on Kalaniana`ole Avenue. As such, Suisan has decided to abandon the fish processing plant concept and part with the property. The sluggish economy in the 1990's and inability to develop the fish auction site near the mouth of the Wailoa River are conditions that could not have been foreseen and were beyond the control of the pp original applicant. g Approval of this request would not be contrary to the General Plan or Zoning Code nor the original reasons for granting the Change of Zone. The project -2- area is designated Industrial on the LUPAG Map, which has not changed since the original change of zone was granted in 1992. Industrial areas include uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial-commercial uses. The Limited Industrial zoning is consistent with the LUPAG Industrial designation and the proposed potable well and water bottling facility would be a permitted use in the Limited Industrial (ML) zoning district as a, "food manufacturing and processing facility." The change of zone was originally approved in 1992 to allow the development of warehouse, fish processing plant, accessory office use, parking and related improvements. While that particular project has been abandoned, the reasons for approval of the change of zone still apply, namely, the Limited Industrial zoning designation's conformance to the General Plan LUPAG industrial designation and associated land use and economic policies and meeting the demand for additional, industrial zoned lands in an area that has few physical constraints to development and is adequately served by essential utilities and services. Based on the preceding, the original reasons for the approval of the change of zone are still applicable. Furthermore, the applicant's amendment request for a five (5)- year time extension to secure Final Plan Approval and complete the development of a potable water well,and bottling facility with related improvements on the subject property is not contrary to these reasons. The Director is recommending utilizing the standard condition granting a five (5)-year time extension to secure Final Plan Approval and complete construction of the proposed development. This will effectively replace existing Conditions C (Final Plan Approval); D (Commencement of Construction); E (Design and Siting for Minimization of Visual/Sound Impacts) and J (Drainage), which are now addressed as part of Final Plan Approval. Additionally, the director is recommending deletion of Condition B (Final Consolidation), which was completed in 1994. Since the original change of zone was granted in 1992, there have been several changes to County Code, agency policies, rules and other regulations. During the review of this application, the Planning Department sought comments from other government agencies to understand how their rules and regulations impact the amendment request. To ensure compliance with those regulations, many of the comments received have been included to -3- • either amend existing co,nditions of approval or as new proposed conditions of approval to be considered by the Planning Commission and County Council. These proposed changes and new conditions are discussed below: The proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. Access to the subject property is from the County owned and maintained Piilani Street which has approximately 25 feet of pavement width within a 60-foot right-of-way. The Department of Public Works (DPW), recommended and the Planning Director agrees that the portion of Piilani Street fronting the project site shall be improved to commercial standards, including but not limited to pavement widening, concrete sidewalks with curbs, gutters, streetlights/traffic control devices and drainage improvements prior to certificate of occupancy. Additionally, DPW recommended and the Planning Director agrees that the property owner shall be required to participate in the construction of or to pay their fair share contribution toward the cost of construction of the portion of Mililani Street fronting the project site. The preceding requirements will be added or maintained as conditions of approval. County water is available to the site and is limited to a maximum daily usage of 600 gallons. The water lines in the area are not adequate to provide the required pressure/flow for fire protection. The applicant will either install an alternative system meeting with the requirements of the Fire Department, or will upgrade the water line. The applicant will be required to submit anticipated maximum daily water usage calculations for the proposed project to the Department of Water Supply(DWS), who will determine if the existing water service can accommodate the proposed use or if larger or additional water meters are needed. Finally, the applicant will be required to install a reduced pressure type backflow prevention assembly and any additional improvements within the road right-of-way that may be required by other agencies. The preceding will be added or maintained as conditions of approval. As a condition of approval of this amendment, the applicant will be required to connect the project to a sewer line within Piilani Street, which will require the applicant to extend the sewer line from its terminus at the intersection of Piilani Street and Manono Street to the subject property. -4- Due to previous grading and grubbing in the area and its former warehousing /lumber treatment use, it is unlikely that any threatened or endangered flora or fauna species are present on the property. Due to the disturbed and urban nature of the surrounding areas, it is less likely to find endangered animal life in the area, however the applicant indicated that it is possible that a small number of endangered endemic birds and bats would traverse the or foraging in this general area. Based on the preceding, the Planning Director is recommending the addition of standard conditions of approval to mitigate possible impacts on these species. An archaeological inventory survey(AIS) for the property was conducted in 2018. The AIS identified five (5) sites that appeared to be remnants of a warehouse that was demolished. The AIS deemed the sites significant for their informational content only and have been mapped and documented. The applicant is awaiting review and approval of the AIS from the State Historic Preservation Division (SHPD). Additionally, at the time of this writing, the Planning Department has not received a response from their requested comment from SHPD on this application. The applicant will be required to comply with SHPD requirements during the grubbing and grading permit process and the Director is recommending a standard condition regarding inadvertent archaeological finds in the concurrent change of zone amendment. Dr. A.A. Camblor, O.D., whose office is located approximately 160 feet south of the subject parcel, submitted a letter opposing the proposed use citing concerns about visual impacts from the proposed industrial warehouse structures and concerns about various environmental impacts on drinking water. To mitigate visual and noise impacts to adjacent properties, the Planning Director is recommending that the applicant provide front yard (along Piilani Street frontage) and bufferyard (side and rear yard) landscaping in accordance with the Industrial/Residential zone standard bufferyard requirements of Planning Department's Rule No. 17. This includes an opaque screen from the ground to a height of at least six (6) feet, with intermittent visual screening from the opaque portion to a height of at least 20 feet. The environmental and water resource concerns and mitigation thereto will be discussed and addressed in the concurrent SMA Use Permit recommendation. -5- Since the original change of zone was granted, the County Council has adopted concurrency requirements for water (discussed above), traffic impacts and civil defense sirens. The Zoning Code concurrency section requires a Traffic Impact Analysis Report (TIAR) whenever a proposed development will generate over 50 peak hour trips. The applicant is proposing to construct a 1,500 square-foot bottling plant and warehouse structure and a 560 square-foot office building on a 31,000 square-foot portion of the property. Using the "Manufacturing" and "Single Tenant Office Building" land use categories in the Institute of Transportation Engineers Trip Generation Manual, it is estimated that about 2.2 trips during the peak hour periods will be generated. Thus, a TIAR is not required for this use. Should the applicant develop a subsequent land use on the remainder of the property which the Planning Department, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a TIAR shall be submitted for review and approval by the DPW prior to Final Plan Approval for that use. This will be added as a condition of approval of this amendment. Concurrency standards for civil defense sirens are met by two (2) separate civil defense sirens within range of the subject property, one at the Hilo State Office Building and the other at the intersection of Banyan Drive and Kamehameha Avenue. Therefore, there is no requirement for the applicant to install any additional civil defense sirens for the change of zone amendment request. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable County, State and Federal governmental requirements in connection with the approved use, prior to and during its commencement or establishment upon the subject properties. 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), compliance with State Health Department environmental/sanitation/health related regulations, drainage plan, among many others. Compliance with all applicable governmental requirements is a condition of this approval, and 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. -6- Based on the preceding, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 92 122. In addition, the Planning Director recommends removal and revision of some existing conditions in the Ordinance to reflect condition compliance and current standard language for conditions of approval. The accompanying draft bill reflects these recommendations and changes. Material to be deleted is bracketed and struck-through; new material is underscored. -7- • -4oJN�y GF \,1kq� COUNTY OF HAWAII • „ '/ • STATE OF HAWAII • ,Tf•OF'N�J+ BILL NO. ORDINANCE NO. CP' • Der. 17/Act-FT) AN ORDINANCE AMENDING ORDINANCE NO. 92 122, WHICH RECLASSIFIED LANDS FROM RESORT-HOTEL, SAFETY (V-S-.75) TO LIMITED INDUSTRIAL (ML-20) AT WAIAKEA, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-2-033:011, 012, 019 AND 020. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 92 122 is amended as follows: "SECTION 2. [ - - - . - . .. -- : •• :] In accordance with Section 25-2-44, Hawai`i County Code 198'3 (2016 Edition, as amended), 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. INSERT CONDITIONS" SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 3. [In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other—pa- . -.] Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII • Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: • _2_ -7".---, i. t s 1.t oto`!7-! f ( 1 C. 7 L _ " _....--- _________„, -----.12;• ..„1. ,,,\. ----\ -- -.'. I\.,..),,,s9... \\ o, 1 , (- : ----_-- —---__ Z --------- 1 , 1 -9 \ n }N}A5 Leif S TATE r'Af .TS �� -- --f__ n i /v-s--7s Y- j--7s. Cr V-�-_75 J - .v-s-_7S f4or_SI Nan- 113 B, Em_ 1 s ,� "HAL.Atr .61- -_ MlL.1LA1,1I 91-1 T 18000' 5�o-a . I� ,n o 6® �� lid."' '2"70 0 0'200.00 / '.�,OLRS to � O t 0.eo• - - ,iso00 111 I- Rs- la • Co--7.5. • 0 1 f I I I v- .7 -.-UNIVBR 911-7' Y•-IANor-to TI E- T $Ar-IYAN U741vEi --- t • _ ti f'2 =10 _ �� F- AFbbtc-C1-I INir'N z o �' 15 cry 1 C M E1; 0 i1 ■ -- ..1 AUt7}ToI�1uM U ,} INAt..T-+72 , i o Rs 10 CG 7.5 )--- uy vIC-roto z STA17tLiM I• ti1A1Ai-20 3TI�Lts 1 - I I I U! F1@ANCI6 N0N4 inW STADIUM R5-)0 Z v z. - nI neson-r-HarrEL., IL ms 10 .ca-7s j Q .�PET7' (V- -_75)-, �� Q -re, L2T 1IT�D o Q• z i I I I I 1 IN0U TP1At- (NrL--ad) Ct '` • , z m '- "-' .='- -i ►g ATQEA = fia,®0O Cs�-FT Y 0o I 7 io : irtipc) :c43-1.7sw z ra .17S COVNT7' TAX 0 ML-2o U NIL( Ot71 C>S AMEND ENT TO THE ZONING CI, DE AMENDING SECT1Ct4 25-114 CC1TY or t-$1L® ZONE MAI®) ANT1cLE 3, CHAP-TIER -2.s. (ZONING cODe) OF "1"He ' l-1A1NAlI CCUNT7 c®®1~ /53"-/ sca-1ANc1r1ca THE 0/STRICT CLAS1F1CAT1®N F1l0M TRE O T-H,e)TEL., SAFETY CV- 5-.7S') TO Lite!ITED 1f2OUTt@1AL_ (1 L.- 20) AT WAlAkIEA, SOUTH •HiL.®, HAWAII_ PRE PPN D k " : PLANNING IE'PitSY Tt'IENT_ COUNT-7' or. HAWAII ____ = --.--a- = I1, 1-=, 7 AND -20 AUG- 3, 1J 'n.. EXHIBIT "A1' FOR REFERENCE ONLY tsuISAN COtV11=A7`1'i, LimiT>cn, CPiilaniPartnersArnendREZ.c rk.7.25.18 PIILANI PARTNERS, LLC (FORMERLY SUISAN COMPANY, LTD) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 92 122 (REZ 727) CONDITIONS OF APPROVAL [A. The applicant, its success: : . •_ - . • • - - - . - - ' : approval. Final consolidation approval of the subject properties shall be secured within from the effective date of the changes C. Final plan approval for the proposed fish processing/warehouse/office facility and ii ( . . • . with the proposed development. D. Construction shall commence within one year from the date of receipt of Final Plan E. In the design and review of any improvements, due consideration shall be given to the • - _ , -- color schemes, signage, and landscaping. F. Access to the project site shall meet with the approval of the Department of Public Works. appropriate governmental agencies. H. That portion of Piilani Street fronting the project site '-. - - • - --- • standards. This improvement shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of a certificate of occupancy for the proposed development. I. Upon the development of parcels along the unconstructed portion of Mil ni Street in the immediate vicinity of the subject properties, the applicant shall either participate in the J. A drainage system, if required, shall be installed meeting with the approval of the ._ - • ,- ' • . the Departments of Public Works, Health and Fire. M. An annual progress report shall be submitted to the Planning Director prior to the the status of the development and the compliance with the conditions of approval. This N. An extension of time for the performance of conditions within the ordinance may be or negligence; 2) granting of the time extension would not be contrary to the general plan be performed within one year may be extended for up to one additional year); and 5) if the applicant should require an additional extension of time, the Planning Director shall designation. -2- agencies.] A. The applicant, its successors or assigns shall comply with all of the stated conditions of approval. B. Construction of the proposed development, as substantially represented by the Applicant, or as permitted by its zoning district classification, shall be completed within five (5) years from the effective date of this amendment. Prior to construction, the applicant, its successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all existing and/or proposed structure(s), fire protection measures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties. Front yard and bufferyard landscaping shall be designed, installed and maintained in accordance with the Industrial/Residential zone standard bufferyard requirements of Planning Department's Rule No. 17 (Landscaping Requirements). C. The applicant, its successors or assigns shall provide improvement to the entire frontage of Piilani Street to commercial standards, consisting of, but not limited to pavement widening with concrete curb, gutter and sidewalk, drainage improvements, any required utility relocation, and installation of street lights and traffic controls as required by and meeting the requirements of the Department of Public Works. All roadway improvements to Piilani Street shall be completed prior to the issuance of a Certificate of Occupancy for any use permitted in the Limited Industrial (ML) zoning district. D. Upon the development of parcels along the unconstructed portion of Mililani Street in the immediate vicinity of the subject properties, the applicant, its successors, or assigns shall either participate in the construction of Mililani Street or provide a fair share contribution of its construction at a time and in a manner meeting with the approval of the Department of Public Works. -3- E. All driveway connections to County Streets shall conform to Chapter 22, County Streets of the Hawai`i County Code. F. If required by the Director of the Department of Environmental Management (DEM), the applicant, its successors, or assigns shall conduct a sewer study prior to connection to the County sewer system. The applicant shall provide 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. G. Prior to the issuance of a certificate of occupancy for any use permitted in the Limited Industrial (ML) zoning district, the applicant, its successors, or assigns shall secure a County Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawai`i County Code, complete a Sewer Extension Application and install sewer lines within Piilani Street to connect with the County's sewer system, meeting with the approval of the Department of Environmental Management. H. The applicant, its successors, or assigns shall not discharge unpolluted water into County Sewers as prohibited by Section 21-8, Hawaii County Code,. I. The applicant, its successors, or assigns shall provide maximum daily water usage calculations prepared by a professional engineer licensed in the State of Hawai`i, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" shall be submitted to the Department of Water Supply prior to submittal of plans for Plan Approval review by the Planning Department. Based upon the calculations, if required, the applicant shall install a larger or additional service lateral or meter, and remit the prevailing facilities charge to the Department of Water Supply. The applicant is responsible for maintaining valid water commitments to support the proposed development until such time that required water facilities charges are paid in full. J. The applicant, its successors, or assigns shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention-assembly(s) shall be inspected and approved by the Department of Water Supply before commencement of water service. -4- K. Subject to other agencies' requirements to construct improvements within the road right- of-way fronting the property affected by the proposed development, the applicant, its successors, or assigns shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary, which may include conveying the water system improvements and necessary easements to the Water Board. L. The applicant, its successors, or assigns shall implement any improvements required by the Fire Department and/or Department of Water Supply to ensure that fire protection requirements can be met for Limited Industrial zoning. fencing hoarybats in the vicinityof the property, barbed wiref g M. To protect any Hawaiian P P shall not be used in the permit area and woody vegetation over 15 feet in height shall not be disturbed, trimmed or removed during bat birthing and pup rearing season of June 1st to September 15th without first conducting surveys for bat nests and coordinating with US Fish and Wildlife Service (USFWS) if nests are found. Surveys shall be conducted by a qualified biologist. N. To protect any Hawaiian hawks in the vicinity of the property, ground clearing, grubbing activities and construction shall not occur in the permit area during hawk breeding season of March to September without first conducting surveys for hawk nests and coordinating with USFWS if nests are found. Surveys shall be conducted by a qualified ornithologist. a To protect any seabirds (Hawaiian petrels,Newell's shearwaters and band-humped storm petrel) in the vicinity of the property, any lighting shall be fully shielded so that the bulb can only be seen from below bulb height. The lights shall be turned off when human activity is not occurring in the lighted area. P. In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651. -5- Q Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall _ be credited towards the requirements of the Unified Impact Fees Ordinance. R. The applicant, its successors or assigns shall comply with all other applicable laws, codes, rules, regulations and requirements of affected agencies for the development of the • subject property. S. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiaterezoning of the area to its original or more appropriate designation. -6- „, -A , 4,,,,ziell',,,,o,-,,,i 'V '''''Rr- ',,',,'' '''' .',•,, '. ,.,..„,„,„4- "s417,1`,,,4-7,•-''-'.',,, f' s' , r,,- ” '4,,-,-' '' -.. ,,,y,,,-4-,,L: 0---ll'''''' ;' '"-- '- '''' \' "'' -; ( ,1; ' ''' •- - ,'!,,,,z. ,,,_,, tvip.. t3,4''''f'- .- - .", ' -'"' • ' ' , ,-,' t', ' = - -: " ''' .". '' r r f"; ,M,g.% -' r, e- , .. A' ,... ,.' ,-,:" 1, ' ' '.-''' '', ;.',‘1Q:._(•::, '',X..':, +.,',i.',.;,,, S.,:7'‘,,s RTY.iir ..,' -1,..• ''''' '''-':' : , d,i'. 7;',' 1; .';'ri — ,, ' : —,,,t- :-''' .:',., =, , .V.4.,=+,;';',*‘447,;(4, ''',..1...;14.,." ' s ' - '4' .-- ' --." ''' . '--- <,-trY‘''i.,17,1,---,',-.-- S'.'-,,,,.',..',Vi' ,.4 1- ' , ,', , 'r A - , ,4 "'PI"Oti.„t',-,41.'-,_V.A.. = "--_, , ', ' , ,t44,,z, ' tr4'-„.tb---t-t 0 41451" ''-. --,, ' 4 - . - , li'4 t','i'l•-":::.k• • U4,...• ': It:k1 , _ 1 z, ,_: _ -, / ' , -' '. ''' ' ' ,' ,> 17:','";;;.Z.,7''4--4,,,. '1,122 - , , ' . ' ''-. , ----4:4 .kr.,„74-,,,, 9.,2-".-':c., '.„. ''.;,,:.:.„,,.. . - ., .. . , ---,,:‘ -„,,,t,-,,.....121,„.* P ,4, - " - ' , - N ''''''"' I „ , , ,, r1,1Th I , ,t,.-N: ,,i,,.;:,,,„$,I.,,A. ii't'-ct z r.•„444',,,,- .,t;,1,-44',2;i ''' . ,1 , .4.4 , . -- (.- ,is L.„ " '. ' ' ZONE ........ . ,-,,,, ,'.; I ' ,.,r..''', :—' — r : 0 F p A 1 R R ,,,i CHANGE - u,,,f,-,f--",;:','rtf-Ji',--.'k.-';4:' , , ,,, 1, A,1' i't r".7,,-i , TO ,,,.m.:4p.,, -..1KwAii.1„ AMENDMENT A„ub Ef!!„43.f , - 27) :: IT A RE , _.„. ,-. 1 r% 1—.7. 7 t K CL / ' 'EmE N I I-N, i G % ,,,,-,, N A ':;',..:2\ ' MA - - .. '.',i' 0, SPECIAL , •;-;' r ,-- ,.• : 2.Nitl,,,, ,. 3 • - '- ,„'".' J73"•,•-•-, i . , 3) s- . ,-.,,,, ., , ' ^ 72 , „-....:.,--A-ri-gb REVOCATION SMA ,-.. , 7 - • - 1 .,,..,, - -, "--p[lc- - 17 ,, ( • , , - . ,, . , N 0• . , AREA ,,, , , , „:: „,, . - , ., - - , , ,' •t,,,,,,,i• , , . ,, „. •,, , " =L.'.11 - 0) ,,Itzw,'; 1 18 7 . , e ,., '444„:,,,,,, , A L MANAGEMENT(SMA,,- ,' '' $11;5.1A spECirx 0 70 .: '-::,-, - -,:--,,.„,-',..4:..E',4 Vkil 0 18_n woo ,...,,,, , ....,,,..A.,_ , ,,,te. •% N 0. , ,. -. ,...:-.. ,.,, z„, tfm!:i . „, :, ,.,_,,,,„_ „ , .6, 7,„,,,•. 1 --- - , - ,. ..,,,....„4,___ ... , - . ,. - - 1 _ • i i• , , \;d � 1, ) mmsui*aiJL.•J , .. „., it .-, . /. �n _l____,- ... ,,, ., . .., \_- _ _,...\-- ,,,,.. i __-_ „. ., _____-,../ 1 . _ 11 (. ‘'I ,_ \ t 1 1., , ,,..., , , J , ,,, 1 —L ILICAi it ST ,. k i , ii.. ._i iii11111 , ENE1 . 111r , fl, . . _:, „A, , rrtl- .` . k ;. i .At4f A L R ' -' ' g,„,,,,,._ ., , , , .. ..._...... , . ,. I , , -„,,,: , __ -_ _ , ... ____. , 1 , _ . , _ . ' KAlMCIE EWA-AVE:— I, WA1AVE OELEHUAAVE– ° a. G+ „ .`?'rw.--rte.,,R,,•' t''q` -. ; : ' eco "a'. l; 4 r. N°140. SERV IEE-ST ` I l a '� �, tea r r _IA., 5 r � < � t � -a `a �� ,�' r i` a�, '1' , �xC if fig,, ,, ” .'",',T s i ',si i�a's&I `s' '' ^« n weed§ y'.� f K 1'' "fi { hti THE APPLICANT IS REQUESTING: ■ REVOCATION OF SPECIAL MANAGEMENT AREA (SMA) USE PERMIT NO. 334, WHICH WAS GRANTED IN 1992 TO ALLOW THE CONSTRUCTION OF A WAREHOUSE, FISH PROCESSING PLANT, ACCESSORY OFFICE USE, PARKING AND RELATED IMPROVEMENTS ON THE SUBJECT PARCEL WITHIN THE SMA. ■ A 5-YEAR TIME EXTENSION TO COMPLY WITH CONDITION C (FINAL PLAN (� APPROVAL) AND CONDITION D (COMPLETE CONSTRUCTION) OF CHANGE OF ZONE ORDINANCE NO. 92 122, WHICH RECLASSIFIED APPROXIMATELY #° 2.5712-ACRES FROM RESORT-HOTEL-SAFETY-7,500 SQUARE FEET (V-S-7.5) ._, DISTRICT TO THE LIMITED INDUSTRIAL-20,000 SQUARE FEET (ML-20) . , Z '7"g.1 q, ■ AN SMA USE PERMIT TO DEVELOP A POTABLE WATER WELL AND BOTTLING WITHRELATED IMPROVEMENTS ON AN APPROXIMATELY 31 000 S.F. FACILITY PORTION OF THE SUBJECT PROPERTY. THE PROPOSED PROJECT CONSISTS OF THE SUPPLY WELL, TWO (2) 100,000-GALLON STORAGE TANKS LESS THAN TWENTY (20) FEET IN HEIGHT, A BOOSTER PUMP STATION, A 1 ,500 S.F. BOTTLING PLANT/WAREHOUSE, A 560 S.F. OFFICE BUILDING, BOTH LESS THAN TWENTY (20) FEET IN HEIGHT AND ASSOCIATED PARKING & LANDSCAPING. 4., REASON FOR THE REQUEST: ■ SMA REVOCATION: THE ORIGINAL APPLICANT, SUISAN COMPANY, LTD (SUISAN) PLANNED TO DEVELOP THIS FACILITY IN CONJUNCTION WITH A PLANNED FISH AUCTION SITE NEAR THE MOUTH OF THE WAILOA RIVER. DUE TO HEALTH AND OTHER h . ENVIRONMENTAL REQUIREMENTS, THE PLANNED USE OF THE SUISAN FISH MARKET (2 AUCTION SITE WAS TERMINATED. THIS ALONG WITH A SLUGGISH ECONOMY IN THE 1990S CAUSED SUISAN TO SHIFT FOCUS TO IMPROVING ITS CURRENT LOCATION. AS , SUCH, SUISAN HAS DECIDED TO ABANDON THE FISH PROCESSING PLANT CONCEPT LU AND PART WITH THE PROPERTY. " • REZONE AMENDMENT: SUISAN ABANDONED THE PROPOSED FISH PROCESSING -� G PROJECT AND AS SUCH, DID NOT COMPLY WITH SEVERAL CONDITIONS. THE APPLICANT z IS REQUESTING A TIME EXTENSION TO SECURE PLAN APPROVAL AND COMPLETE s1 CONSTRUCTION TO COMPLY WITH CONDITIONS OF REZONING FOR THE NEW PROPOSED PROJECT. • NEW SMA PERMIT: IN THE EARLY 1990S, THE STATE CONDUCTED A DRILLING PROJECT IN LL THE AREA AND FOUND A FRESH ARTESIAN WATER SOURCE AT A DEPTH OF APPROXIMATELY 1 ,000 FEET. THE APPLICANT HOPES TO HARVEST THIS POTENTIAL RESOURCE AT AN INITIAL DRAW OF 100,000 GPD & BASED ON MARKET DEMAND, INCREASE TO 200,000 GPD. 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VIEW OF PROPERTY FROM MILILANI STREET VIEW OF PROPERTY ACROSS PIILANI STREET 0 I .., LJJ i; r x41 y V i; VIEW OF MILILANI STREET FROM ACROSS PIILANI STREET --, _, .,..... . ..-.1.--,,' '-,•,„ • . . . --''''''!"..":,`•'%.1',S',;4',,,i .2. ,j1: :. ' i, 4 , ^• b (a/) i' •' ' ' i '1 1.' '-': '''''''''.V.,10MSr''''''''';''''''''''''.:.':'i.,' t''‘'‘,.'' 'tt4''''' i, - • ,. - ',. ','p*., .'.::,' ',..'....v...'..4*,..,-,"1,,,-.%""e',,,i-:',.-- 1.,,,,-,; . 4R,., 0 i \ , . "•‘--"•.'. ,,l',..'- • : --f,?,r-,...,,,,!..,..-,'•'.x.( 1,1`,1,,;-' ,,,,T t, • ,• / '. , ,' "..,. 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' ''',.,. :!'-e:''': ::.1,..:',:,..'-:-.4 .- • - - ,,,,,1*,:''..,:.,'-:ks..''''-., '''''''., ' ''.-''''''.,s:"-',.A-.7-1,'.,_1A4.1.,...,,,.,.:;,...,:,,,,:=7..:--,,,:'-.„. ,.,. ,'',.,•41,...::fi.:::''',:';',...N.;,;:,",.:‘,-,''',*:'.',.:',..:',.';':-::','. ';':' : '1,"4`-'' PIILANI STREET LOOKING WEST PLANNING DIRECTOR'S RECOMMENDATION p CHANGE OF ZONE AMENDMENT: FAVORABLE RECOMMENDATION BE SENT TO THE COUNTY COUNCIL ,z WITH CONDITIONS . NEW SMA USE PERMIT: APPROVAL WITH CONDITIONS . � UJ CY SMA USE PERMIT REVOCATION: APPROVAL. 0 U w ceD WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT DECEMBER 6, 2018 A regularly advertised hearing on the applications of PIILANI PARTNERS, LLC (AMEND REZ 727, SMA 18-070, REVOCATION OF SMA 334)was called to order at 9:36 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph Clarkson, Donald Ikeda, Thomas Raffipiy, John Replogle. ABSENT &EXCUSED: Donn Dela Cruz. ALSO PRESENT: Michael Yee(Planning Director), Daryn Arai (Deputy Planning Director) (from 11:04 a.m.), Malia Hall (Deputy Corporation_Counsel for-_the Windward:-Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson(Planner),(from 11:04 a.m.), Christian Kay(Planner), Melissa Dacayanan(Planning Commission Support Technician) (to 10:58 a.m.), and Sarah Hata-Finley(Commission Secretary). And 4 members from the public in attendance. APPLICANT: PIILANI PARTNERS,LLCy(AMEND REZ 727) Application for a 5-year time extension to comply;with Condition C (Secure Final Plan Approval) and Condition D (Complete Construction) of Change of Zone Ordinance No. 92 122, which reclassified approximately 2.5712 acres from Resort-Hotel-Safety-7,500 square feet(V-S- 7.5) district to the Limited Industrial- 20,000 square feet(ML-20) zoning district in 1992. The subject property is located.at 525 Pi`ilani Street. at the northeastern corner of the Pi`ilani Street- Mililani Street intersection, Waiakea, South Hilo, Hawai`i, TMK: (3) 2-2-033:011. APPLICANT:--PIILANI PARTNERS, LLC (SMA 18-000070) Application for a Special Management Area Use Permit to develop a potable water well and bottling facility with_related improvements on a 2.5712-acre parcel within the Special Management Area. The subject property is located at 525 Pi`ilani Street, at the northeastern corner of the Pi`ilani Street lMililani Street intersection, Waiakea, South Hilo, Hawai`i, TMK: (3) 2-2-033:011. APPLICANT: PIILANI PARTNERS,LLC (REVOKE SMA 334) Request to revoke Special Management Area Use Permit No. 334, which was granted in 1992 to allow the construction of a warehouse, fish processing plant, accessory office use, parking and related improvements on a 2.5712-acre parcel within the Special Management Area. The subject property is located at 525 Pi`ilani Street, at the northeastern corner of the Pi`ilani Street-Mililani Street intersection, Waiakea, South Hilo, Hawai`i, TMK: (3) 2-2-033:011. 1 [Note: Item Nos. 4, 5, and 6 were consolidated into one hearing.] CLARKSON: The next business before the Commission today is actually three different applications from Pi`ilani Partners. We're going to review these applications or have Planning Department staff review them for us. We will be considering them in terms of our discussion and public testimony all at one time,but we will be acting on these individually. There are applications for an amendment to a rezone, a revocation of an SMA, and an SMA Permit application. At this time, Christian, please? KAY: Yes, thank you, Mr. Chair. If I can turn your attention to the screen. As you said, this is an amendment to Change of Zone Ordinance 92 122, revocation_ of SMA Permit 92-3 [334], and new Special Management Area Use Permit, SMA 18-70 The subject parcel is located in the South Hilo District of Hi`i�I awasland in the Waiakea area. Specifically, the subject parcel here is outlined in re_d,and for reference, we've got Pi`ilani Street running generally east-west through the slide and Manono Street running<generally north-south through the slide, and, this is the Wailoa State Park here to the left. The Applicant is requesting revocation of SMA Use Per it No 334 which was'granted in 1992 to allow the construction of a warehouse, fish processing plant, accessory office use, parking and related improvements on the subject parcel within the SMA."'They are also requesting a 5-year time extension to comply with Condition_C, Final Plan Approval,.and Condition D, complete construction, of Change of Zone Ordinance No. 92 122, .which reclassified approximately 2.5712 acres from Resort-Hotel-Safety 7,500 hundred square feet district_to the Limited Industrial— 20,000 square feet district.' Finally, they are requesting an SMA Use Permit to develop a potable water well and bottling facility with related_improvenents on approximately 31,000-square feet portion of the subject property. The proposed project consists of the supply well, two 100,000-gallon storage tanks less than 20 feet in height,abooste.1 pump station, a 1,500-square foot bottling plant/warehouse, and a 560-square foot office building,both less than 20 feet in height, and associated parking and landscaping., Here are the reasons.for the request. In terms ofthe revocation, the original applicant was Suisan Company, Ltd. who planned to develop this facility in conjunction with a planned fish auction site near the mouth of the WailoaRiver. Due to Health Department and other environmental requirements, the planned use of the Suisan Fish Market auction site was terminated. This, along with the sluggish economyin the 1.990's, caused Suisan to shift focus to improving its current location. As such, Suisan has decided to abandon the fish processing plant concept and part with the property. In terms of the rezone amendment,because they abandoned, Suisan abandoned the proposed fish processing project, they did not comply with several conditions of approval of the rezone ordinance. The Applicant is requesting a time extension to secure Plan Approval and complete construction to comply with conditions of rezoning for the new proposed project. 2 And, finally, for the SMA Permit, the new SMA Permit, in the early 1990's, the State of Hawaii conducted a drilling project in the area and found a fresh artesianwater source at a depth of approximately 1,000 feet. The Applicant hopes to harvest this potential resource at an initial draw of a 100,000 gallons per day, and based on market demand, increase to 200,000 gallons per day. The bottled beverages would be produced and stored on site and distributed to various local and non-local markets. Again, we got the subject parcel outlined here in red with Pi`ilani Street running generally east- west through the slide, and Manono Street north-south. Zoning for the subject parcel is Limited Industrial—20,000 square feet. Zoning to the south is GeneralCommercial, and zoning on either side of the subject parcel is Resort, and there is some Open zoning situated with the park and also to the east of the subject parcel as indicated in green The State Land Use designation for the subject parcel and much of the surrounding area is Urban as indicated in the red color. There is some Conservation as well indicated in blue, and that's in conjunction with the Wailoa Pond. The General Plan Land Use Pattern Allocation Guide Map designates the subject parcel as Industrial as indicated in the gray color. Much of the surrounding area is in Medium Density Urban, and there is some Open LUPAG designations and Conservation as well. The subject parcel is located entirely within the SMA boundariess indicated in the thatched red color. Here is an aerial photograph of thesubject parcel and the"surrounding area. Again, you've got Manono Street running generally north-south through the slide, and the County's park complex here to the east.=To the.west is the Wailoa State Park and Wailoa Pond. Then, you've got Manono Mini Mart and Freddy'sRestauranthere to the south. Pi`ilani Street is where they'll be gathering access off of .Currently, the subject parcel is vacant and overgrown with vegetation. Here are the Applicant's site plans On the left-hand side, it shows the entirety of the parcel with Plam Street running generally north south through the slide. Manono Street is in this area, and this is a proposed extension to Mililani Street running east-west through the slide. You'll see this is just a smallportion of the'subject parcel being used for the proposed use. On the right- hand side is the same but blown up a little bit showing the access from Pi`ilani Street, proposed landscaping, parking,the storage ta nks, the warehouse area, and the warehouse, and then the office. Here are elevations showing the exterior of the warehouse and also the exterior office elevations on the lower portion of the image. And, here are some views of theproperty from the existing Mililani Street, upper left hand side, again, this is across Pi`ilani Street showing the subject parcel as overgrown. Here's a view of the property across Pi`ilani Street, again, a little bit closer, showing the subjectproperty. And, here's a view of Mililani Street from across Pi`ilani Street, and the reason that we show this is as part of the original feedback on the application, there was a complaint from Dr. Camblor, and he's located in this location with the subject parcel being across Pi`ilani Street here. So, I just wanted to show proximity to his office relative to the proposed project. 3 And, here's a view of Pi`ilani Street looking east toward Manono with the subject property on the left-hand side, and a view looking west toward Wailoa State Park with the subject property on the right. The Planning Director is recommending for the Change of Zone that a favorable recommendation be sent to the County [Council] with conditions; for the new SMA permit, approval of the SMA permit with conditions; and in terms of therevocation, the Director is recommending approval of the revocation. With that, that's my presentation. I'd be happy to answer any questions the Commission may have. Actually,"let'me step back. Moving forward, part of the discussion as I understand will be on the question`of legality of the Commission to impose fees for withdrawal of the resource, and then we'll go aheadand take action on each individual application with the SMA revocation first,:the new SMA permit second, and the rezone last. With that, I'd be happy to answer_any'questions that the Commission may have. CLARKSON: Just as a favor to me, please, could you review-the conditions of the new SMA Use Permit as far as— KAY: —Okay, would you like me to read them all? CLARKSON: Well, summarize the import-of them,please. KAY: Okay, sure. There is onethat says the effective date of the SMA, the new SMA permit will be the effective date::of the approved amendment to the Change of Zone. So, what that's saying is because the amendment to the Change of Zone needs final approval from the County Council, the SMA permit will not become effective until that is approved by the County Council. The Applicant will be required to comply with all of the conditions of that Change of Zone amendment. . They'll need to get a Well,Construction and Pump Installation Permit from the DLNR Water:Resources Commission They'll need to provide or obtain an NPDES permit, a National Pollutant Discharge Elimination System permit. They'll be required to comply with the requirements of the Safe—Department of Health, Safe Drinking Water Branch. They will be required to meet requirements of the Department of Health Food Safety Code for the bottling of the water. They'll be required to follow State Department of Health rules for construction and operation noise for industrial'areas. Their hours of operation will be limited from 7 a.m. to 6 p.m., and they'll be no nighttime operation except for maintenance and security purposes, and they're not allowed to use any water from the County water system for bottling. So, they can't use, you know, water from the tap to bottle. They'll have to file an emergency preparedness and response plan with the Civil Defense Agency and the Planning Department, and they'll be required to comply with all other County, State, Federal laws, rules, regulations, and requirements. And, those are the conditions for the SMA permit. 4 CLARKSON: Thank you. So, the two that I wanted to zero in—one, you didn't mention. Limit on withdrawal, and the other was industrial noise, which is a considerably louder standard than Resort, and I can't remember what they are in decibels,but I know that an industrial can be quite loud. KAY: Seventy decibels. CLARKSON: Seventy decibels for industrial. KAY: Correct. CLARKSON: And, residential I believe is 55. KAY: Fifty-five, yeah. CLARKSON: Okay. Any further questions? REPLOGLE: I have a question. KAY: Yes. REPLOGLE: Could you tell me the elevation of the property from sea level? KAY: Yeah, give me a second. I may have that in my Background Report. One moment, please. And, Sid, if you happen to find that before me. You have it? What's the answer? FUKE (from audience): Fifteen feet above mean sea level. KAY: Fifteen feet about mean sealevel. REPLOGLE: Thank you KAY: Okay. CLARKSON: If there are no further questions of staff from the Commission, we'll ask the Applicant or their representative to please come forward. Mr. Fuke has already been sworn in, but would you please raise your right hand? [Mr. Fuke was sworn in during the previous application.] Do you swear or affirm to tell the truth on this matter before the Windward Planning Commission today? BUNN: Ido. CLARKSON: Whichever of you speaks first, please introduce yourself again and speak into the microphone. 5 FUKE: Sure, again, good morning Mr. Chairman and Members of the Commission. My name is Sidney Fuke, and I'm the planning consultant assisting on this project. BUNN: Good morning, my name is Pam Bunn. I'm an attorney for Piilani, and I would like to thank the Commission, the Chair, the Vice-Chair, Director, counsel, and staff for the opportunity to be here and testify today. FUKE: So, first of all, I'd like to appreciate—extend my appreciation to the Members of the Commission for agreeing for the continuance of the November 7th meeting. I had a last-minute dental emergency, and actually I had an abyss and had to have it extracted so talking little bit funny today, so I'm sorry. But, at any rate, as the Commission,the Commissioners may\recall at the August 13th meeting, based on the letter, the Commission continued the hearing essentially to have the counsel address two basic questions. One dealt with the issue of the Public Trust Doctrine, and the other one dealing with whether the Commission had the ability to impose some sort of fee, you know,per gallon or whatever have you. So, I believe-that that has been asked and answered by your counsel, but we also at the same time had asked Ms. Bunn's firm to essentially evaluate the same questions, and, you know, she's going to beialking specifically to thatissue. However, before going on tothat, what I''d like to do is to kind of initially restate- you know, in the absence of the Applicant's consultantTom Nance, whocouldn't make it this meeting, but he was, he could have made it like the last meeting,butI'm sorry But, anyway, kind of like restate what is already on the record relative to the proposed volume of extraction and summarize their numerical impact on the aquifer itself, and that's kind of like in the handout that I passed out, you know, and then I'll defer to Ms. Bunn who,you know;will,;specifically discuss the project's impact relative to thePu�blic Trust Doctrine and the ability of the Commission or any administrative agency to impose tax Then,I'll kind of briefly try to touch upon some of the other issues that were brought up, you:know, during the course of the hearings on this matter. So, specifically on the,you,know, on the—if you look at the blue sheet again, what the Applicant proposes to do, and I guess,maybe,I hear what the Commission Chair was saying, you know, whether there_was any limitation in terms-6f the volume, proposed volume of extraction as a condition, and actually the Applicant would have no objection to having such a condition that would limit the'proposed extraction to no more than 200,000 gallons of water per day. Notwithstanding that according to_the State Water, State Commission of Water Resource Management, again, if you look-_atthe blue sheet, the Hilo Aquifer System which is technically the area where the site is located' has a sustainable yield of 349 million gallons a day. The present and projected water"use is 5 million gallons per day, and that leaves you a balance of 344 million gallons a day. The Applicant's use is only .20 million gallons per day which is less than .1 percent, and that leaves you a balance of 343.8 million gallons per day. So, that's a very, very substantial balance that would remain within the Hilo Aquifer System. However, as Mr. Nance had indicated at the last meeting, the early meetings on this, and in written testimony, the water actually would come from what is technically come from this Onomea Aquifer System. It goes, it penetrates below the Mauna Loa lava down into the Mauna Kea lava system, and so that's, it falls within the Onomea Aquifer System. So, if you use that as 6 the basis, the sustainable yield of that aquifer is 147 MGD. The projected use, actual and projected use is also 5 million gallons per day. The balance, that leaves you a balance of 142 million gallons per day, and then after the extraction, you have a balance of over 141.8 million gallons per day. So, that's rather sizeable. So, doctor, not doctor, but Mr. Nance then indicated that in response to some of the other questions that if you don't use this water then what happens, then the water just basically flows into the ocean and just goes into the marine environment. That's—I needed to put that forth on the record again, restate that largely because this relates to the Public Trust Doctrine, and so, in that regards then, I'll turn it over to Ms. Bunn. BUNN: Thank you. I'll be brief unless the Commission has questions. The Public Trust Doctrine in Hawaii is mandated by the Hawaii Constitution, specifically Article 11, Sections 1 and 7. It imposes obligations not only on the State but on subdivisions such as counties which is why it's commendable that you all recognize that it is implicated here and it's something that Y- - needs to be discussed. In fact, the County itself has adopted a form'ofthe Public Trust Doctrine in the County Charter. It is Section 13-29, and it's broader than the Hawaii Constitutional Public Trust in that it protects more resources. It says that for the benefit of:present and future generations, the county shall conserve and protect Hawai`i's natural beauty and all natural and limn.cultural resources including but not lited to land, water, air,minerals, energy wahi pana, surf sites, historic sites, and historic structures, and shall promote the development and utilization of these resources in a manner consistent with their;conservation and furtherance of the self-sufficiency of the county. _ So, that's the county's iteration of the Public-Trust Doctrine which the: Hawaii Supreme Court has described as a dual mandate There are twopartssto the Public Trust Doctrine. It includes both the authority and>theduty to maintain the purity and flow of water for future generations and the duty to assure thatthe waters of the State are put to reasonable beneficial uses. So, the Court in the Waiahole case summarizeditsby calling the Public Trust Doctrine a dual mandate of "1)protection and 2)maximum reasonable arid,beneficial use." And, that's a quote from the Hawai'i Supreme Court The State Water Code was adopted after,th_ese amendments to the Hawaii Constitution and is coextensive but=not entirely dependent on the Public Trust Doctrine. But, in the statement of policy in the State Water Code, and its Section 174C-2, it specifically recognizes that the Code needs to be liberally construed in order to obtain maximum reasonable beneficial use for purposes such as, and it lists a number of purposes, including commercial and industrial use. So, neither the Public Trust Doctrine nor the State Water Code prohibit use of water for commercial and/or industrial uses. They do impose a test, though. I mean, the water has to be put to reasonable beneficial use, and this is where the numbers that Mr. Fuke and Mr.—Mr. Fuke presented and Mr. Nance has testified to before, because the Hawaii Supreme Court in a more recent case, a 2014 case called Kauai Springs described how you determine reasonable beneficial use and said that it requires an examination of the proposed use in relation to other public and private uses. And, so what the Commission would need to look at would be Piilani Partners proposed use of water from this source, the Onomea Aquifer System, in juxtaposition to other uses of that water, other public and private uses. 7 Now, as I believe Mr. Nance testified, but may also be obvious, this is a very deep aquifer. Right now, the projected current—and I don't believe there's any current use of it—the projected future use of it is 5 million gallons per day. That's out of a sustainable yield of a 147 million gallons per day. So .2 percent. There are really no competing uses for this water because it is enough to accommodate the present and future uses as well as Piilani Partners' proposed use. I also wanted to point out a sort of odd thing about our State Water Code which is unique I believe in the United States, which is that it is a bifurcated water code, and that means that water comes under regulation from the Water Commission only oncean aquifer has been designated as a water management area. So—and, you folks in Kona, I think,, ust recently had a big fight over designating the aquifers there. Oahu is entirely designated Maui is partially designated. Molokai is entirely designated. But, the significance of designation is that the Water Commission doesn't regulate withdrawals of water in an undesignated aquifer. In an undesignated aquifer, it is the common law that controls, and the con mon law with respect to groundwater is that overlying owners have a right to withdraw water underlying from aquifers underlying their land in reasonable amounts to-theextent it doesn't interfere:with any other overlying owners' ability to use the same. It's called,.the Correlative Rights Doctrine. And, so in the absence of designation, that's the common law doctrine that-controls the withdrawal of groundwater. Here Piilani Partners is looking to withdraw a small.amount from the aquifer underlying its property. There's, from what we can tell,-no competing uses The_sustainable yield—and the sustainable yield is the amount that can be withdrawn from an aquifer without causing harm to the aquifer. It's well in excess of anything that's currently being used or projected to be used. I wanted to touch a little bit unless there's questions about the Public Trust Doctrine—I wanted to move onto the-notion of payment of royalties for-the water. RAFFIPIY Ma'am, Ido have a question. BUNN: Yes RAFFIPIY: You said the common law is applied when there is, the water is not designated? BUNN: Yes. RAFFIPIY: So, therefore, the private owner can withdraw at his own will what, you know, within the limit. BUNN: Yes, and of course the Public Trust Doctrine still overrides all that, but we would need, for example a water permit from, from the Water Commission. RAFFIPIY: So, if it was already designated as a—I don't know if it's designated, if that's the right word, but if it was Mauna Kea Aquifer, is that already designated? 8 BUNN: It is not. RAFFIPIY: It is not designated. BUNN: That's correct. RAFFIPIY: What about Mauna Loa? BUNN: Not designated. RAFFIPIY: It is not designated. What about this Onomea? HALL: Nothing on this island is designated. RAFFIPIY: Nothing on this island is designated? BUNN: This island is entirely under the common-law. RAFFIPIY: I see. Thank you. BUNN: Now, we will still need—that's for withdrawals of water—we will still obviously need a well permit from, from the Commission on Water Resource Management. RAFFIPIY: Got it. BUNN: But not a Use Permit. RAFFIPIY Thank-you Earlier you saidsomething=about to be liberally construed in your presentation-.-What was that that we need to, that has_to be liberally construed? BUNN: It'sthe Water Code. So, the policy of the Water Code is basically to implement the Public Trust Doctrine, and so the Water.Code says to the Commission when you're construing this Code, you construe it liberally to make sure that reasonable beneficial use is allowed for these other purposes;provided that public trust purposes are accommodated. RAFFIPIY: Thank you BUNN: Thank you. CLARKSON: I have a question about reasonable beneficial. BUNN: Yes, Mr. Chair. CLARKSON: Can you explain how the export of bottled water from the island would benefit the State of Hawaii? In other words, what benefit, what is the beneficial aspect of exporting water from here other than to the pocketbooks of the owners of the property? 9 BUNN: Sure. I think first we need to look at the Hawaii Supreme Court's definition which is does it interfere with any other use? And, no, it doesn't. But, then there is the economic component that I think Mr. Fuke wanted to address. There is employment. There is tax revenue to the State, some of which goes to the County, and it's not detrimental. FUKE: So, it's any other, sorry. [Mr. Fuke turned the microphone on.] It's any other, it would be like any other, for example, like agricultural product. Whatever you export. Whether it's beef or soy products, lettuce, or whatever have you, it's a form of—if you have an export, then it means like new revenues coming into the island. The only, you know, like major source of new revenues coming in here from a non-agricultural perspective-is really like the visitor industry. New monies coming in circulating. So, that's the economic benefit. CLARKSON: Thank you. Please proceed to the issue of the royalties then. BUNN: I will do that. I have to say, I did quite-a bit of research here I-did not find any direct prohibition on collecting royalties, but that's telling in itself, because in order for a county to levy a tax, it needs direct authority. It needs expressed authority to do so. And,,I also did not find that. There is nothing. I started with the specific=and I went to the more general. Under the Hawaii Water Code, even the Water Commission does not have authority to impose any type of royalty for use of State water. So, the Water Commission doesn't have that authority. I didn't find anything in the County Charter that would give.the Commission that authority. I didn't find anything in the Constitution._I didn't find anything in!Chapter 46 of the H.R.S. I really just found no authority to dot i ,Certainly, the Public Trust Doctrine, and-=I don't know the extent to which there was a link made between those,but the Public Trust-Doctrine doesn't provide that authority. So, sum total, I.didn't find an expressed prohibition,but I didn't find expressed authority either, and for a county to tax; it does require authority. I think Mr. Fuke, maybe, raised some issues in one of his letters. I don't know if that was distributed, but there are issues. You know, first it should be_authorized by the_State. Second, it kind of raises an interesting eco-protection problem. It would mean that-if you happen to be in a Special Management Area and had to go through the Commission, you would have to pay some royalty, but if you weren't in a Special Management Area,you wouldn't. ;I'm not quite sure that wouldn't be an issue. So, I wish I had something firm and definitive to tell you, but I can only tell you that I didn't find any expressed authority for such a tax. CLARKSON: Any further questions? REPLOGLE: Yes. I would like to sort of make a statement on the royalties. It was—I brought that up about the ecosystem services fee. That's what that would be, and I fully realize at this point in time there's no law or legislation mandating that these things happen. I was sort of throwing it out there that maybe Piilani Partners would just do that because it's the right thing to do, but that's all that was, and I appreciate all your research. I'm sorry, but I knew. Thank you. 10 FUKE: Quite honestly, you know, Commissioner Replogle, I don't think you need to apologize because I think it forced all of us to kind of like reassess the situation and then maybe it can serve as a vehicle or as [inaudible] for legislative bodies, you know, to perhaps consider that. And, so if it's generically considered, you know, say hypothetically like the Legislature, the State Legislature passes a law that requires some sort of like a fee, and the authority that's required to impose this fee would rest with a State agency like the State Commission on Water Resources. Then, you know, you capture all of these entities that are going to be drilling wells, and that's going to extract it and export it, you know, those kind of things, so, but I think it's a good food for thought, and so that's my point of view. The other thing that I just kind of wanted to share is that there were kind of like other tangential issues raised, you know, during the course of the public testimony and written testimony. One, you know, related to you know the quality of the water due to the proximity of former, like the Canec plant, potential arsenic, so on and so forth, so, you know, obviously the Applicant was rather concerned about that, so the first thing it did before even making an application or, you know, making some commitment to the landowner was to say we're going to have to conduct a phase one environmental study, you know,just to make sure that are we okay. And, then that study was done, and the conclusion was that you're all right. Then, also we had consulted, the Applicant had consulted with Tom Nance Water Engineering, the hydrologist, basically to make sure is--it okay, and then his conclusion is that yes, it's okay. Over and beyond that, there is also like this regulatory requirement that before you can actually make that water available for consumption, you need,and especially for commercial consumption, you need to have the State Department of Health's approval. They have to issue what is called a safe water and drinking permit: And, lastly, and I think kindof critically, is that if you're the developer, you would never develop a water well and, you know, and sell it knowing that there is a potential for an environmental or health risk. You know, you think about all the liabilities you have. You know, so this, I just wanted to kind of make that point. The other thing is like the use of plastics.: I mean like, he has no, the Applicant has no control over that. It's just like saying that, you know, it's—the project is not a plastic manufacturing plant. It has a product that is going to utilize plastic. It's no different than any other supermarket or like a meat packing company that you're gonna pack meats and you're going to use plastics. You know, it's the same way You have a product and you're going to use plastics. But, nevertheless, you know,just like on the issue of royalty, it forced the Applicant and us to kind of like look into that matter further and then we, you know, stumbled across this article that was, you know, came out in one of the Japan news saying that there are companies in Europe right now that's trying to manufacture and get certified this biodegradable plastics. And, so if it comes to being in the year 2020, then obviously, you know, you would hope like nationally that becomes not necessarily a trend but a mandate for all, you know, bottling companies or companies that utilize plastics for holding beverage, you know, to assume that posture. So, I think that it's very healthy. It's very healthy, you know, all this kind of discussion. As much as we would have wanted to have like a decision way back when,but the questions raised I 11 think were very germane and forced everybody else to kind of reassess the situation, so I think it's very good. CLARKSON: Any further questions? RAFFIPIY: I have a question. Thank you for—thank you, Mr. Fuke, for bringing up that testimony from, it was Mr. Nance, yeah? You know, I have a simple mind. I always wanted to understand, you know, this—to me, it's a little bit above my head,but talking about Mauna Loa Aquifer, Mauna Kea Aquifer being on the bottom, we get this Onomea Aquifer. How are they related as far as, I know that there is that, Mr. Nance talking about this, but there's about 100 feet of impermeable— FUKE: —The lava— RAFFIPIY: Yeah, between Mauna Loa and Mauna Kea. So how are-they related to Mauna Loa and Mauna Kea? Are they—`cause I went back-hand read that Thomas the abstract from Thomas, report, and he said there was an interface. So, there's a Mauna'Loa,on top, Mauna Kea on the bottom, so there's an interface, so what I believe it is, is that they're like_this, so we're going to be drilling through, possibly drilling through MaunaLoa and going down to Mauna Kea to extract water from Mauna Kea, right? FUKE: Exactly. RAFFIPIY: Okay. So, if we're going to go_through that Mauna Loarand go down to Mauna Kea, is there any possibilities that the water frmothe upper aquifer will be going down into the lower aquifer? FUKE: You know,.I could not say with absolute uncertainty like it's not going to happen but then the whole,:the water well permit requires it to be cased. You know, when it's cased, then the theory is that it will not penetrate,and, you know, you would not have this mixture. RAFFIPIY That is providingthat everything is smooth and the part coming in at a smooth— FUKE: —Yeah, initially what happens is that you have to have your first drilling, and that's' your exploratory drilling. That then, you know, penetrates both the lava flows, you know, Mauna Loa and Mauna Kea, andthen, based on, you know, that's like about a—according to Mr. Nance, and that's already provided in the written report,but it's like at a depth of about a thousand or thousand fifty feet, yeah? RAFFIPIY: Correct. FUKE: And, so based on that initial well, then they'll determine like two things. One, the quality of the water, whether it's actually really good or not and safe to drink, and secondly, the quantity. And, so, and the reference to like the artesian is that if you have like so much water, you know, in that area, the pressure you know then that's like the artesian, then really, it minimizes your pumping cost because you have enough pressure. Just like,the oil, it kind of 12 gushes out. Others you may have to use pump, you know, to kind of haul the water out. So, if that first test proves to be successful, then you go ahead and implement. You do the appropriate casing so on and so forth. All of this would have to be done, you know, through standards and approval of the State Commission on Water Resource. They issue the well permits for that. So, the short answer to your question is that in theory, there is not supposed to be this interaction between one level of water with the second level of water. RAFFIPIY: Okay, so, so once you, you drill or you damage that aquicludes, which is that impermeable, you know, the separation between the two aquifers,,,and with that, with that pressure that we're just talking about, wouldn't that be, you know,that the damage or the— FUKE: —The impression would be like through like a large,a casing, a pump. RAFFIPIY: Pipe, correct. FUKE: You know, so like, I don't know what the:diameter might be,but'l ypothetically, maybe a two-foot diameter, a 24-inch diameter, and so all ofthe water would be coming out from that area. And, so this relates—you know,that's why fit-r.--fance,no, not doctor,but 'Mr. Nance is saying that there may be a need for like atone storage tank and at the most a second storage tank, you know, on the surface. Because if you`have enough artesian pressure, then that minimizes the need for storage. RAFFIPIY: Okay, and the outside, the outside of the pipe now that we tampered with that aquiclude, the outsideof.the pipe,;it wouldn't it wouldn't become, you know, susceptible to water shooting up through that into the upper aquifer? FUKE: No,because it would be very it would, you know, you're so called, your straw would go through the fi rst level and then go down to=the second level, so all of the water is coming out through_ the straw from the second level. RAFFIPIY Okay, where is Onomea Aquifer related to this Mauna Kea and Mauna Loa? FUKE: Actually, from I understand anyway, you know, the older mountain is really like Mauna Kea, and so, you know,_you probably had the water and then the Mauna Loa, you know, Mauna Kea, you had all the lava activity and then so the water is trapped below Mauna Kea. The Mauna Loa is a little bit younger, so then, you know, you had a second set of lava activity over there, and that's a little bit higher, and so below Mauna Loa, you also had some water, and then below that, of course, is like the Mauna Kea. So, where exactly—according to, I don't know exactly where the line is, but I think there is like a kind of overlap between the Mauna Loa and the Mauna Kea lava flows. RAFFIPIY: Okay,so we don't know where the Onomea Aquifer in relation to Mauna Kea and Mauna Loa? 13 s FUKE: Well, according to Mr. Nance and the State Water Commission, the water would be technically actually coming from the Onomea Aquifer, you know,just because of its depth, because of its depth. But, the Mauna Loa Aquifer if its less deeper, it so-called falls in the Hilo Aquifer. RAFFIPIY: Thank you. CLARKSON: I just have a quick question about that. Since you have to go a thousand feet to get the Onomea Aquifer, and I'm just speculating, but I can't imagine that there's any difference in water quality between the water in the Mauna Loa Aquifer and the Onomea Aquifer. Why not just go down, you know, 30 or 40 feet? There's plenty of water_very, very close to the surface. FUKE: I guess that would be like similar to why people want to_export the water from Keahole Airport, I mean, off of the Keahole Coast. You know, `cause it's perhaps like has different mineral content, nutritional value, whatever, you know, as opposed-t4 just the conventional water. I mean, like I guess people look for like unique type of water, you know, as long as they are potable. So, I— CLARKSON: I understand. AGUINALDO: I have a question. I've worked on UH water-well, so I'm familiar with water, you know, opposed, you know, a lot of people because University of Hawaii at Hilo built this water well, and a massive water well, so I'm familiar With.water, extracting water. So, as what, my question is, is how big of_arwell, wellpump, a water well pump-are you guys planning to use? So, the diameters you guys�talked about, I<know all of that,I know every step of the way for quality, water control, water testing, a lot of thatstuff. So, I'm assuming you folks will have an equipment that will have a portion of chlorine that will be extracted into the water for be able to be drinking water. So, I justwanna know because what kind of facility is this going to be? `Cause we're"talking about, you know, a lot of, you know thousands of gallons of water that will be extracted, so to, you know, be-able to process that water, it goes through this unique system that it injects so much, you know, chlorine into our water to be able to be drinking water. So, what it was,was that water well that I worked on, pumps that water up to a big storage,big water tank. So, is it the same thing, or is this something different? I know residential in certain areas drill their own. They have to have;,a water permit, you know, all this permit using that to, you know, instead of a catchment system. So, are we talking about the same kind of concept or this is a total different concept? FUKE: ,For this water well according to the Applicant to be successful, it has to be natural. You cannot introduce products like chlorine, you know, like in Hilo and like even like in Waimea when, you know when at thatin time in ears of old used to have like the open reservoir Y Psystem, and so the water wasn't that really, you know, so good, so they then kind of put fluoride or like chlorine. In this situation here, it defeats the purpose of having a natural water well. So, the answer to your first question is that no, it's supposed to be natural. So, if they're gonna have to introduce, then the Applicant would abort the project. AGUINALDO: Okay. 14 1 FUKE: And, as far as like the storage tank, the storage, you know, normally, the storage tank that what you're referring to is that if you have like a residential development and then you want to have, the idea is to have your storage tank at least about a hundred foot elevation higher than, you know, than what you're serving, and you pump the water up, and then you let gravity flow. Like in this situation over here, it's not that situation because the water is just being extracted and put on, on the site, in the holding tank on the site. It doesn't have to be elevated `cause from this holding tank, it will just go straight into the bottling plant. There is this water well permit they have already applied for, andI stand corrected. It just said that their, you know, the so-called the straw, it's not 24 inch,,but it is 12 inch. AGUINALDO: Okay. FUKE: Yeah,/the diameter. AGUINALDO: And, my other question is as far as I know you have your due diligence as far as, you know, the protocols, the steps, measures you guys take. :Who is going to_be doing the test of the water quality as it being, you know, I'd like to say bottled. You know, I-know you guys want to do biodegradable. There's also glass, you know, where they hold the water `cause a lot of people talk about, you know, trash. -You know, plastics _S_o, I wanna know who will monitor. Is it Department of Health or a water agency that monitors what is being, you know,bottled as, you know, quality control'? FUKE: Yeah, the water has to be_I believe like annual you know, annually tested, and that sample water is given to either a state or like a°national companies that would evaluate the quality of water, you knows periodically. It would be no different than like Hawaiian Springs out in Kea`au for example. You.know, you have a—it's,a private water bottling company over there. And,Department of Health here also is required by the State to submit its water quality test. That's why they,you know, at the Department of Health, excuse me, Department of Water Supply,they__have their own-chemist to water quality evaluation. I doubt very much like in this situation they would have their-own chemist on board, but nevertheless, they would have to submit their water, whether it's on an annual or, you know, at certain fixed point, to both the state and the national government:for, to attest the quality of the water. Again, more critically,it's like, if you're the water company and there is a potential for it to be tainted and you look at all-of your legal exposure, you would want to be super cautious about the water that you are selling, you know, to the consumer. AGUINALDO: Yeah, also Commissioner Replogle, I know you guys were talking about royalties. I just think the Aloha Spirit, whatever, you know, especially in the Hawaiian culture, there's no mandate that like what, you know, attorney said, what would be really, really good is if there was a way that, you know, there's some proceeds goes to a Hawaiian non-profit. That would be really good. Somebody gotta do 'em. I hate to say if you guys the first, that would be really good, because whoever does, you know, they gotta follow you folks' footstep. It's like something you take, you give back. And, I just think it's a small fraction, a contribution that if it, 15 money, that is set aside goes to a Hawaiian non-profit, that is legitimate, that serves the Hawaiian culture, the Hawaiian people, that serves them well, that would be something that I truly feel would be really good. It'slike you taking something from me,but you give 'em back. It's almost like a barter, trade-off, yeah? But, if it benefits the Hawaiian community educational wise whatever it is, that is something that is very nice, would be nice to see. It's not like oh, you gotta always, you know, like you said, being fees you gotta bepaying. But, it's that something you generate, you set aside, and it goes to an establishment. I just think it's a win-win that way. You know, then the—I'd like to say is that we grew up in this culture, that we'd like to preserve that culture. Not having someone come in, change our culture, what we have always lived the way, but if there's a slight change, it's just like, you know, it's like a trade-off I think that would be—it's just my suggestion that you, as abusiness, you do that on theside, and you continue to do that. It benefits for the newer,.younger generation, and you folks would be setting a prime example for others to follow. That's dust my suggestion on that. FUKE: I think it's a point well taken. It's something obviously like, you know, like because we can't make that commitment right now,but I would think that in light of what Ms. Bunn has noted about whether the Commission has the legal authority on„the SMAportion, you know, to make any such an imposition,but perhaps if it comes at the legislative level, you know, not necessarily only at the State Legislature,;but say at the"County Council, then maybe that could be entertained because that's a legislative body So, I'd like to kind of like offer this suggestion, youknow, I guess:to the Commission, is that, you know, we have like ther e's basically like'three Keg—nests:,You know, one request is to terminate the existing;SMA Permit for the project which istyou know, obsolete, and so that's more a very perfunctory task. The other one is to seek like a time extension on the zone change, and what I'd like to—and the third,=_of course, is-like for this permit—but what I'd like to suggest if the Commission is so willing is that if they can favorably consider all of that and then in conjunction with the rezoning time extension;then we'-can work together with the administration in crafting a language,because in crafting a language that would someone kind of somewhat address;you know, that particular issue I can't come up with the specific language right now for that because we still need to confer with our client,but if we have some time, you know, between, you know, if you recommend favorably on the time extension, for example, when it hits the County'Council level in about, you know, six weeks from now, you know, we can work something, some language out with the administration and the Director can then share with the Commissioners at the appropriate time what was ultimately decided upon by the Council relative to this particular issue. AGUINALDO: Right. I just think that, you know, it's not our body as a business, you know, partnership, is between you folks and your client. It's for us if, you know, an extension is granted. Would that extension as you folks clients, it should be dealt with them. It's like what I'm saying is again what I take from you, I willing to do this to benefit, you know,just our culture, yeah? Because the assumption is people only take, take, take, take, but they no give back, and what I've learned from that is that what, you know—you know, you want everybody to be, you know, like to, you know, agree upon,but again, that's one small token that, it's something small,but it's something that, you know, the Council or us shouldn't be voting or 16 have that go through. It's just within your client as you folks discuss that, then you guys present this on the table that we willing to do this. Not approval from us, but we just—it's just a suggestion that, you know, it's something to think about. FUKE: I'll kind of like share this much with you. You know, and this kind of partially answers I guess Commissioner Raffipiy's questions about like or maybe someone's question of like, why don't you stop at Mauna Loa Aquifer rather than going down to Mauna Kea and the reason being is that the Applicant is very spiritual, and he believes that having the water from the Mauna Kea system is spiritually so much more unique than the Mauna Loa water and, you know, he has a lot of reverence for Mauna Kea, and so this is his feeling, and I believe like between Ms. Bunn and myself and then given some time, we can probably come up with some language in conjunction with the rezoning time extension to come up with something reasonable because if you, if he does it only on, he or the Applicant does it only on this and:theproperty is then sold, you know, to another entity or developer, another entity, that goodwill may not necessarily cover, follow, but if it's legislatively made as a condition, then you know that that goodwill becomes mandatory. So, all the same, we just a little bit tine to do that. RAFFIPIY: I have one question. Follow-up on Mr-Akeda'squestion back in August. I'm not sure if it was really answered satisfactorily. I don't know if he was satisfied with`-the answer, but the,way I read his question about tsunami, ifweall know that's in a tsunami zone. Let's say we get a tsunami come in. What is, what-is the.possibility,what is your remedy to shut that pipe down permanently or somehow that when tsunami coming, it's not going to get inside that pipe and contaminate the water __ FUKE: My understanding is that-the system would have to be developed where you would have to have that cap, and-then;fortunately unless if it's like alocallygenerated tsunami, you know, where you have only like five or ten minutes response time, you know, maybe that would be more difficult to achieve, but if you have enough warning, then the ability to cap the well is always there =And, so'you know, your staff's proposed condition- KAY (from staff table): Eleven. FUKE: Eleven? Oh, file an emergency preparedness plan. That would have to be approved by the Planning Director. That would,be a component of that plan. RAFFIPIY: Okay, thank you CLARKSON: So, I just want to ask the people sitting on either side of me if we can't mandate some kind of royalty through the SMA process, we could make it a recommendation on our referral to the County Council for the rezone that they consider more active measures of protecting the public resource then what we're allowed to do through the SMA Permit. Because it, you know, protection often times involves a spending of money, and since the money's got to come from somewhere, logically you want to have the money come from the people whose asset you're protecting rather than just from general taxpayer funds. So, can we include that as part of the rezone? Not a condition of the rezone, but basically the County Council is going to approve it. Just recommend that they consider this as part of our referral? 17 YEE: I can certainly provide a transmittal to the Council that would state that. FUKE: And between that and when it reaches, ultimately reaches the Council, hopefully, it will have some language prepared, you know, with the Director along those lines subject to, of course, the Applicant's position. CLARKSON: And I just want to reiterate. I was kind of stunned when the lava flow erupted, and Puna Geothermal had to basically plug their wells and protect them from the lava, and they had to fly in the equipment to do that, and wondering why in the;;heck haven't those always been on-site from day one. That whatever protection from tsunami is required, I mean, should be really well thought out in advance. I mean really robust isolation valves or like you said a blind flange to cap the well. Any further questions, Commissioners? If not, thank you. We have two people who have asked to testify today before the Commission. I'll ask Cory Harden and Kamaki Rathburn to please come up when you have the opportunity. Please raise, your right hand. Do you swear or affirm to tell the,truth on this matter before the Windward Planning Commission today? J RATHBURN: Yes. HARDEN: [Nodded yes.] CLARKSON: Okay. Flipa:coin. HARDEN: Good morning. Thanks for your volunteer work on the Commission. And, Cory Harden for Sierra Club Moku Loa,group. I hope you folks will oppose this project. I am glad to hear some discussion on royalties,on the;way things are now, it's kind of like a free ride for Piilani Partners. I figured out that they may generate half a million plastic bottles per year, and that's a really low estimate estimating the low withdrawal of 100,000 gallons of water a day, and even if they only put one percent of that,into the small, single-use bottles. But, in Mr. Fuke's letter about the plastic waste,they talk about irresponsible consumer practices or behavior and they talk about=taxpayers paying for recycling and there's some vague promises about recycling education and maybe biodegradable plastic in the future. You know, it's—you folks may have heard of extended producer responsibility. If you put something out in the environment, you can't wash your hands of it. You're responsible. And, we've talked about the aquifer which it only exists because a lot of taxpayer dollars, volunteer effortgone to protect the watershed. And, I'm glad there's some discussion of some royalties going into help protect that aquifer. And, also I still have some concerns from earlier meetings. In November, I haven't heard this addressed. I hope Mr. Fuke might address it. Possible contamination of the aquifer by salt water, when the well is drilled because I've attached again Don Thomas's report, and he talks about difficulty getting samples without getting them contaminated from deep saline fluids. So, we want to be really careful there's not contamination from salt water. 18 Let's see, there's State Office of Planning recommended review by Water Commission and also if Piilani Partners takes 200,000 gallons of water a day and selling, that's not going into the ocean. What happens to the ocean environment when it suddenly changes without the fresh water? In August, I talked about a professional written report. I haven't seen one regarding how much water will be harvested in impacts. I have seen Mr. Fuke quoting informal reports from Tom Nance. Haven't seen anything written. And, I'm glad to hear some discussion of the tsunami zone. I am a little concerned about if there is a local generated tsunami and there's not time to cap the well =How is that gonna play out? And, the environmental impacts in addition to plastic pollution,imost of the wastewater from production is contaminated, and it can't be reused, and if°you're using reverse osmosis, that's like four gallons of water to get one finished bottle of.water. We've also talked about water becoming privatized worldwide. And, I would like to hear some more about the noise impacts to this peaceful Wailoa Park area:;,And, let's see,I appreciate Mr. Clark's [sic] question about the beneficial use. I mean, how is it beneficial.to;basically use this water resource to create a million bottles of plastic waste. So, thank you. CLARKSON: Please go ahead. We'll have any questions for either of you after you've both finished. RATHBURN: I'm goingread from here. 'Is that okay? CLARKSON: But,please use the microphone as you do. RATHBURN Aloha.-Aloha, everyone. `Sorry, good morning. Myname is Thomas Kamaki Rathbum. I represent'myself today. I have prepared a written email, a written statement that I actually emailed to you folks_I think yesterday,but I'm going to go ahead and read it. It was created in September, so if there,are any inaccuracies in here or anything that I may have stated that is not correct, I'll just say that I'm telling the truth in just reading what I wrote. It's not I'm trying to, intending to mislead anybody. So, thank you for your time. Thank you for all your work that you guys are doing. We appreciate that very much. So, aloha mai kakou. As Haw_ aiians, we have always been open and generous people. We are known in every corner of the world for a priceless resource, the Aloha Spirit. We have shared all that we have even when much of it, much of that has been stolen, abused, neglected, and sadly desecrated. We continue to share in spite of those who would ignore our feelings. Many stand and watch the destruction of our Islands' precious sacred sites, our land, resources, and tragically, our culture. Here, many revel in Hawaiian practices, in our art and culture and language, even taking Hawaiian names for themselves and others. Yet, when there is a call to action to defend or protect all that is Hawaiian and all that we are as a people, all that we are blessed with here, aloha aina, and our connection to the creation, too many fail to answer. 19 We have shared our aloha because we feel we are all `ohana really. Now the world is in trouble. The earth is under stress. Its systems are under siege. In essence, man has waged war against nature and the outcome is looking more and more grim. One of the most important problems facing many is access to good clean healthy water. Ask our cousins in Michigan, in California, in Cape Town, South Africa. Just to name only three. The sequestering, controlling and marketing of water is an abomination and the greatest crime one could commit. To put a price on a drop of water is wrong. To deny living beings their own clean waters to deliver elsewhere to profit, for profit is beyond sinful. Water is not a commodity to be traded or sold or manipulated for market value or for political control. Water is priceless. I hope you will join us Hawaiians and Hawaiians at heart in protecting our water for what it is worth—life. Mahalo for taking the time to listen to this. Hawaiian water, apriceless resource. Let's see, hmm.- Two foreigners, Johnny Cheung Ching Fu, I hope I pronounced it correctly, and Keizo Horikita, who represent who knows? I don't know. Themselves? Nestles? An investment group,.maybe? I don't know. Anyway, of course, they want to drill through the arsenic-drenched contaminated, pardon me-but doodoo water soaked ground, of the area that they are talking aboutto tap one of Hilo'smost pristine freshwater aquifers. They plan to set up a well and.,--to,build a plant and botting-operation. They will ship in plastic preforms to blow into over 400 million bottles per year. Not,all the bottles will be filled. There will be lots of rejects in the bottle production and in the final product as well. So, plastic waste and water waste will°be inevitable There will be heated plastic fumes produced when the processing of the preforms info;bottles. Thewhole plant will also be very, very noisy. So that—it will be taking place_right there between the;Civic center, the marina, Wailoa ponds, the State park, andFreddie's Restaurant, and Hooganji Buddhist Mission. Then they plan to fill the bottles with pristine Hawaiian water, inject ozone gas into each bottle, then cap them with about 400 million plastic_screw caps. The ozone, in each bottle, will be released gradually within a day or so through the plastic and dispersed into the air and atmosphere. Mechanical labelling might be done*ithglue and paper with plastic sleeves or sheets or.emasbossed as.well encoded>with the HI-5 imprints via laser. There will be pallets and plastic wrapping machines, forklifts with propane fumes and exhaust, shipping containers coming and going, large trucks hauling and moving them around the property, not to mention the leaking of fuels'and,oils, as well as to and from the harbor. This would add more truck traffic to the already overburdened Manono Street, Kamehameha Avenue, Kalanianaole Avenue, Kanoelehua Avenue, and the.Banyan Drive/Kanoelehua Avenue/Kamehameha Avenue r intersection; Ken's Pancakes other words. The 20-foot and 40-foot shipping containers will be loaded onto barges, shipped to Oahu, and beyond to Asia and elsewhere, mostly,but certainly all over the world including North America and Europe. Over 400 million, 16.9-ounce plastic bottles and caps full of Hilo's water every year. Year after year after year as long as they have permission to suck it out. This is going all over the world, people. In third world countries, they are prancing in with money, gifts, and promises paying off corrupt government officials and leaders for exclusive rights to their water. Wealthy consortiums are purchasing or acquiring watersheds globally as 20 non-profits groups, non-profit groups under the guise of conservation locking out natives and locals from their own water resources. Looking at our own island, it is happening right here. They are like water vampires. They can only come in if they are invited. Once they are, they will suck us dry. Meanwhile, they quench their insatiable thirst for money and greed by hijacking and selling our water. I repeat, our water. Not the County's. Not the State's. Not the Feds. Ours, yours and mine, and all the natural systems as Cory mentioned and processes above and below that depend onour abundant, clean life giving waters to function and survive. They will inevitably pull permits to expand output and production once they are established. With only eight employees which barely covers staffing and a skeleton crew, administration positions rather,and a skeleton crew, it looks to be a very highly automated operation. The State and County will;receive some residual benefit in fees and taxes but hardly worth the impact with zero benefit'to our community. We know how the County and State manages our money from the recentKilauea:eruption crisis. Twelve million dollars in emergency relief came to the County to Mayor Kim,;from Governor Ige and the State in early June. Twelve million relief, for direct relief to the victims of the eruption, I wanted to say. In early June, it arrived. Zero was spent;peon one'single meal,:mask, tarp, cot, candle, tent, shelter,propane stove or tank,battery,flashlight,rain poncho, Band-Aid, umbrella, can of beans or bottle of water, an aspirin, or even a single raisin for the evacuees and the affected community. Not even one single cup of hot coffee for one of the evacuees who were sheltering in the Pahoa Gym, baseball dugouts,and surrounding parking lots, pardon me. Nope, but it did cover payroll of salaried County employees at time and,a half for their overtime as Civil Defense volunteers. It also went to Couan nty Police. d CountyYFire Department for overtime pay. So, since they seem to'think we don't matter or don't exist for that matter, we need to be ready, able, and willing to senda clear, strong, loud message of solidarity. The elected officials at all levels that are representing this area of Hilo are pro business, which is fine. It's okay. That's good. But,not so pro-people and community and environment, and that's not okay. Clearly, in retrospect;they have already proven themselves°unworthy of our trust. The discussion should be how to spend the requested-this is when they were talking about $800,000 in relief, okay—so the requested $800,000 in Kilauea recovery funds, like to create what is a— CLARKSON: Excuse me? RATHBURN: Yes? CLARKSON: Could you just restrict your comments to the issue before us today— RATHBURN: —Yes, okay— CLARKSON: —rather than trying to rehash the— RATHBURN: —well, you get the picture on that, so I'll go past that. So, anyway, what I wanted to say in essence on that is just that basically the money that was intended for the community's relief was not, did not arrive to the community but rather to other entities. 21 Anyway, so, I'll just go back down to where we're talking about. Okay, so, instead they, okay, instead of permitting—instead of permitting this evil, greedy private venture that will be busy sucking out our greatest natural and public resource non-stop year after year, meanwhile, they had the audacity to consider diverting twenty-two million in Kilauea disaster recovery funds to Hilo Bayfront improvements for a bike path. So, it's time to come together and protect ourselves, our resources, and I'm talking about all of us, not us and them. All of us together whoever we are that live here and drink this water. Our resources and all our future generations here in beautiful Hawaii. It does not take a kahuna or rocket scientist to see the big picture. Calling all water protectors and that's all of us,because we all need to protect the water. This is very much all of our kuleana. If you believe in protecting our island, its inhabitants, and precious resources, please get involed and do something about it, and let people know how you feel, and so that's what we're doing today, and we appreciate what you guys are doing as_well Talk to each other, inform your families, etc. I'll go on past that. You guys don't Abed to hear all that__So, I just want to say that I want to stand along with others for the, for the Wai Ola, for the sake of water. It's the waters of life that belong here in this area for the children,for ourselves and for all out future water, because water is life, and don't waste it, don't foul,it,and never allow anyone to own it or prostitute it, such a divine resource. •Water is sacred,and welare made up of mostly that which we should be defending with everythingwe have before we-have nothing and are-forced to beg for safe, clean water. To put it simply,thus is a terrible deal unless you are two foreigners with nothing to lose and all our water to gain. a-, I'm sorry, but I cannot accept this as a community member and would appreciate it if you guys would consider the more poignant.;points of my message. Thank-you so much. CLARKSON: Thank you Are there any questions from any Commissioner for either of the testifiers today? No? Thank_you very rmuch for your testimony. RATHBURN (from audience area)` Thank you very much. Is it always this empty? HALL: It depends. - CLARKSON: Depends on the issue. You're very welcome. There being no further testifiers from the public today,the Chair will ask for a motion that public testimony be closed. REPLOGLE: I move that public testimony be closed. IKEDA: Second. CLARKSON: All those in favor? COMMISSIONERS: Aye. 22 CLARKSON: Opposed? Motion is carried. Public testimony is closed. Okay, now we need to have a motion for action one way or the other. We'll start with the revocation of SMA 334, I believe. KAY: Yeah, that's correct. IKEDA: I move that the request to revoke Special—SMA Use Permit No. 334 be approved based on the Planning Director's recommendations which shall be adopted and the reason for approving is that if we approve the other SMA, this thing is going to be moot. CLARKSON: Is there a second? REPLOGLE: Second. CLARKSON: Is there any further discussion? This is just the revocation of an old SMA Permit for a fish processing plant. KAY: That's correct. CLARKSON: If not, please poll the Commission. KAY: Thank you, Mr. Chair. Commissioner Ikeda? IKEDA: Aye. KAY: Commissioner Replogle? = - REPLOGLE: -Aye. KAY: Commissioner Aguinaldo? AGUINALDO: Aye. KAY: Commissioner Raffipiy? RAFFIPIY: Aye. KAY: And Chair Clarkson. CLARKSON: Aye. KAY: Thank you, Mr. Chair. Motion carries five, nothing. CLARKSON: And which of the remaining two applications should be voted on first in your opinion? 23 KAY: Initially, we talked about just doing the SMA first and then the amendment to the rezone. CLARKSON: Okay. Any motion for action on the SMA 18—we can have a motion and then we can have discussion and then any potentialiamendments would come then, unless you have a. particular amendment for the SMA or an additional condition right away. REPLOGLE: I just want to be sure I'm following which one we're on. HALL: Number 5. CLARKSON: Okay, we're on Number 5. REPLOGLE: Okay. CLARKSON: SMA Application 18-000070. REPLOGLE: That's for the plant. CLARKSON: The water well, the bottling plant, and-all the conditions that go along with that, that I asked Christian to review earlier I have a couple of proposed, if I may be se bold, additional conditions or revisions to a condition. One would''be that the noise standard be reduced to residential. I used to work ata power plant that had:a,residential noise standard at the property boundary. I see noreason why especially in this location,=-the 55 dB at the property boundary couldn't easily be met and considering that it's near a park'resort-zoned property, and I don't see any reason why that wouldn't be appropriate. Arid, the other would be a limit on withdrawal of 200,000 gallons a day^as part of the condition of the SMA. The Applicant has already indicated they are willing to limit that, and I think it needs to be put in as a condition. KAY: To the.first question about the noise level, I think the reason—and we grappled with this as we Were crafting the condition language—the-reason that we put it at the industrial level is due to our experience with the Hu Honua permit, that's very difficult for us to enforce that condition. So,-even if you have-it at the residential level, we've got to call Department of Health out to come and-.do the tests. At that time they can stop pumping or creating the noise, so I think we just kept it at the industrial level for that reason. We are happy to entertain that condition change, but that was the,reasoning.' CLARKSON: Well, I realize the big issue of construction versus operation that happened with • Hu Honua. I want to make clear, I'm talking about operations, not construction, and believe me, there are ways to enforce noise limits after the plant is operational, and it's.done all the time. KAY: Okay. CLARKSON: If not by you,by the Department of Health. DARROW: Mr. Chairman, so again, the difficulty that we had with Hu Honua is we received multiple complaints for the noise violation. There wasn't any clear direction in regards to the 24 limit of noise being during construction or not during operation. It just had a standard 55 dB level at the boundary. The difficulty with the Planning Department was regardless of whether it was during construction or operation, Department of Health would not enforce the noise limit at a standard lesser than what their standard was. So, we could request that they come out and do the noise test, and if that level is at the lower or at the higher level, then we would bring it back to the Commission to enforce. But, the reality of having the Planning Department becoming the enforcement arm of noise levels meant having to purchase a series of noise meters that were a certain standard that were apparently, in talking with Department of Health, were costly, as well as the training that was involved as well as theyearly or however long they have to calibrate these types of noise machines. So, that was the difficulty that wehad. And, again, the intention was good. It was meant to support the surrounding neighborhood that they would be assured that this, that this plant would operate at a certain level, and theplant themselves were amenable to it and agreeable to it. The difficulty that we came across was-the enforcement of it. CLARKSON: I'm fully sympathetic with that, but I think that if the decibel limit is written into the permit and whoever neighbors, members of-the public believe thafthat permit is being violated and they're irked enough about it, they'll-lfigure out a way to have the noise level evaluated in a legal manner and raise a complaint and something can be done ;I'm not asking the Planning Department to do that. I'm kind of disappointed that the Department of Health would not as part of their routine if they are*willing to come out and monitor an industrial level, why can't they be willing to come out and monitor a residential level? It makes no difference to them, but that's an issue for another day -_I don't have any power over the Department of Health. IKEDA: Mr. Chairman May I call Mr. Fuke up? CLARKSON: Please IKEDA: Sidney, you know, I:19944-14r didn't look at the plan, you know, the building plan how theywere going to build the plant auseI'm very familiar with manufacturing. I used to own a soda company, and we built our factory with tile, so we had no noise problem. So, you know, I looked at it, and_it,looks like metal, and I didn't pay too much attention, so, I want your thought,please. FUKE: Sure. At first, I, you know, I was thinking well like maybe like limiting it to commercial value, commercial level because there's a property across the street, you know, Freddie's, that complex is zoned commercially,.but, you know, at 55 dB level, if that's the Commission's desire, then that can be achievable. You're correct, Commissioner Ikeda, because you can develop a baffler system. You can have like, you know, whether it's going to be—if it's a wooden construction, for example [inaudible] or iron, you know, like iron roof-type, then obviously the sound is going to penetrate beyond, but you can develop bafflers, appropriate bafflers to muffle the sound as you well know. So, having 55 dB, then, you know, I think that can be complied with. The other point, and thank you for the opportunityOfd is like I serve on the Liquor Commission Adjudication Board and we've had like a number of noise issues because when you issue like, you know, the liquor license, and then there are conditions relating to like you have to follow a 25 certain noise level, especially when you have nightclubs adjacent to residential areas, and so, the liquor inspectors have been trained to go out with those decibels and, you know, do those measurements, and alternatively, the complainant also has those kind of machine, and so they provided information to the commissioners and then, of course, our inspectors, well, we have to find some ways to kind of corroborate that information. So, I think that I can recognize the difficulty in, in having, you know, the Department necessarily enforce it, but I think having it specifically stated, you know, 55 dB, and if you have a neighbor complaining or whatever, then there is a greater enforceability, so the long and short of it, we would have no objection to such a condition. CLARKSON: Thank you. KAY: Okay, thank you. So, the way the condition reads now is "-Sound Levels shall follow the State of Hawaii Department of Health rules for construction noise and operation in industrial areas, HAR, Title 11, Chapter 46 (Community Noise Control)." Did you:want to bring it down to specifically say residential or say 55 dB? CLARKSON: During operation. KAY: During operation. CLARKSON: Yes. Only the whole sentence can stay that way except for, in my opinion, to change it to 55 dB after the plant;goes into operation. I don't think there's any way to drill the well and build the buildings, but after they're all done, and the plant, you should just have, you know, the whine of the pump if there is a pump and`"some interior noises from the building. KAY: Sure, thank you. And,then your--second proposed or additional condition was about withdrawal o f-water I tried to work out some language as we were having our discussion, and here it goes,"As represented by the applicant,withdrawal of water from the proposed well shall be limited to 200,000 gallons per day Any expansion beyond this amount shall require an amendment In thi •s permit."gallons_ per That.would be fine with me. KAY: Okay. So, we stillneed to'have— CLARKSON: —A motion= KAY: —a motion. CLARKSON: A motion. REPLOGLE: Okay. I move that the application for the Special Management Area Use Permit, Docket No. SMA 18-[0]00070 be denied for the following.reasons. Water is a resource for the people, and I agree with one of the testifiers that it's being privatized all over the world, in our 26 country, and that is people grabbing up a resource for their own personal benefit and enrichment where we should be thinking more in terms of all life on the planet versus my life. A second reason is the excess water coming out of the aquifer into the ocean is not wasted. That water is very nutrient rich, provides nutrition and value to sea life. That sea life is the beginning of life on the islands, on the planet.; And to begin to— CLARKSON: —Excuse me. I think,just a procedural matter, I think, I'm going to stop you there and ask you to start again in just a second. During the discussion period, after you have a motion that's been seconded, so as soon as we have a second and we go into this discussion— REPLOGLE: —Then I go— CLARKSON: —then you go. Is that— REPLOGLE: —That's fine,please, second— CLARKSON: —Or is he allowed to discuss the-reasons entirely in advaneewithout a second? HALL: Well, the reasons are basically part of the motion, so yeah, I mean, it would be good to have them be concise, but yeah, I mean, the reasons are partof the motion as well `cause they should be all in one, yeah? CLARKSON: Forgive me— REPLOGLE: —Yeah,--it kind of says you make and then what your reasons— CLARKSON: Excuse me ,._Please proceed. REPLOGLE. You're excused So it's pumping nutrients into the ocean and that's what has made Hawaii Hawaiei That's whatsmakes the East Coast of the United States the East Coast. A third reason is the potential, we talked about, tsunamis, but we haven't addressed the potential for sea level rise, which is happening You can ask people who are living in Miami, but a couple years ago, I sawya presentation put on by the University of Hawaii Marine Biology Department on the potential for sea rise level,-sea level rise in the State, and potentially, the whole reef runway on Oahu will be under water at some point. And, this is in direct correlation to the CO2 and the petroleum that'weare extracting and using which goes into number four, the plastic. We are inundated with plastic on this planet. I don't know if any of you have ever gone down to Kamilo out in Kaeu to helpwith the beach cleanup. They go once a month, and they pull about two, two and a half tons of plastic off that beach every month. The first time we went, we pulled 17 tons, and we all know how heavy plastic is. So, that's a lot of plastic. It covers the whole beach. Wildlife are being found with the plastic in them. It's beginning to break up. The bottle caps—they're finding those in birds on Midway. They find the carcasses and then here's all the plastic in their crop with plastic bottle caps. The planet is warming or climate change is happening. We can deny it or not believe it,but it is happening. Science has proven this, and if we don't start somewhere and make a stand to keep 27 water for the people and to do however small it is, an action to stop polluting our planet, we're going to be up shit creek without a paddle, and that's why I move to deny this permit. I'm sorry. I wish I could say yes, but I can't. That's all. CLARKSON: Is there a second? RAFFIPIY: I'm going to second the motion sowe can discuss. CLARKSON: Okay, it's been moved and seconded. Any further discussion from the Commission? That was an extensive list of reasons in support ofthe motion. Any further comment from the seconder? Mr. Raffipiy? RAFFIPIY: So, basically, what you offer as a condition, other conditions, is pretty much nullified, right? With that motion that was just presented CLARKSON: That would have only been relevant to a motion to approve, so those conditions that I was talking with Christian are not relevant to this motion at all, and:ifthis motion passes, they will never be. KAY: Correct, not with this body. CLARKSON: If there's no further discussion, it's time for avote. KAY: Okay, thank you,--Mr,---Chair. Commissioner Replogle? REPLOGLE: Aye. KAY: Commissioner Raffipiy? RAFFIPIY: Aye. - KAY: Commissioner Aguinaldo? AGUINALDO 'Aye, KAY: Commissioner Ikeda? IKEDA: No. KAY: And Chair Clarkson. CLARKSON: No. KAY: Okay, the motion is three to two. That does not pass. CLARKSON: Okay, the next item to be taken before- 28 HALL: —You have to take another motion. CLARKSON: Hmm? HALL: You have to take another motion for action. CLARKSON: Oh. KAY: You can consider a motion for approval as well if there is,—that particular motion failed. HALL: Because that motion didn't carry, so now basically it's still just sitting there. There's nothing. You need a motion to carry through because you;have to approve or deny. CLARKSON: I,don't understand here. We've had a motion for action. It's been approved. HALL: No. That motion didn't carry. So, you have to have four votes to carry a motion. KAY: And you had three votes. HALL: So, that motion doesn't carry,yeah. = CLARKSON: Oh, I'm sorry, I totally misunderstood;_ I thought you had to have a majority, but no. _ _ HALL: No, you have to--have a quorum. So fou r is'a quorum. That's how you would carry a motion. CLARKSON -Okay Te IKEDA: Mr. Chair, could-we,send-it up.with no recommendation? HALL: This one is just for the SMA Permit. So, this isn't—this is just you guys approving or denying. There's no—this one's:getting forwarded anywhere. CLARKSON: Well, Isee no reason, I mean, I don't see any reason for a motion for approval when there's already three:votes`demonstrated to be against. So, how are we— DARROW: You could request for another motion and see if you could get the votes. If there is a motion to approve and then you would run through that. If you cannot get past the SMA Permit, then the Applicant can request a reconsideration of the SMA Permit. But without the SMA Permit being approved, then there's no sense going forward with the ordinance because this has to have an SMA Permit to operate. CLARKSON: Okay, I, I can see that,but I don't understand why I should ask for a motion for approval at this point? 29 HALL: You have to go through the motions. CLARKSON: Okay, Corporation Counsel has indicated that I am required to ask for a motion for approval. IKEDA: I'll make the motion. I move that the application for a Special Management Area Use Permit, Docket No. SMA 18-000070 be approved based on the Planning Director's recommendation which shall be adopted. CLARKSON: I'll second on the condition that the conditions and limitations that were discussed previously be included with the motion if that's okay with Commissioner Ikeda. IKEDA: That's correct. CLARKSON: Any further discussion'? YEE: I want to add that—I want to throw some caution into, I_don't want to make decisions or decisions being made that if I get sued one way or contested another way, that's how I make decisions. However, we also have to understand where our authority sits with the Commission and where you deny applications. Within our authority to deny, if we step outside of that, we are inviting an appeal of our decision that eventually if it's not grounded legally, it's just going to come back to us in some way. So, I—I appreciate today's discussion. I wish there was more authority for us to deal with a lot of the issues we have at hand, but we don't. We're not given the authority for royalties. I don't think—we don't have a carbon tax yet for the State. Those are issues that the State are looking at. So, I just, again I understand where the earlier vote went and why it went that way,but I really want to have folks to understand that, you know, I could see this coming back around to us in another form. So, really ponder your reasons for your decision here. Thank you. KAY: And I wanted to just---okay. DARROW: So,just so the Commission is aware of what the rule says, Rule 9, is that you have to, there has to be a decision made either for or against or it's denied. Okay'? So, if you don't come up with a decision one way or another, the application is denied. That's in Rule 9, I believe it is Rule 9-11(f). Let me get back there-9-11(f) under Decision and Order. Additionally, it says the applicant may request the Commission to defer action on the application. A majority vote of the total membership of the Commission is required if the applicant requests to defer. In the event the Commission fails to render a decision to defer action, again the application is denied. Lastly, if the application is denied, the applicant has an opportunity to request a reconsideration within a period of time. 30 CLARKSON: You know, I can see all of this,but I can't have but a great deal—I'm going to withdraw my second. I cannot help but believe that the, unlike some other times, well let me ask, before I do that, you were all sincere in your votes in favor of the motion to deny. REPLOGLE: Yes. RAFFIPIY: Can I just say something? Can I elaborate on that why I voted to support the motion? What scares me is this, the rising tide, and being so close to that area, the water, and once we penetrate that, we make penetration into our water system, and if there's no other way we can permanently cap that then and ensure that there is no, thewater is not going in and contaminate our water system, that's our—this is only one island `There's no other place where we can go from here once our water system is contaminated ',I appreciate the business. I appreciate because I drink a lot of water,but I also have to look at—we have to look at 10, 20, 30 years from now. Once we establish something—if thereuis a permanent way where we can reassure the public that we will restore it to the way it=was or better, then I would reconsider my vote. Otherwise, I just have to vote that way simply because the location of, of the bottling plant, the proposed bottling plant. That's the only reason. AGUINALDO: And Mr. Chair, my decision is opposite from both of them, is I don't wanna discuss royalties. I don't want to discuss fees. If this goes;approved, what benefits, our culture, the Hawaiian community, that it's not our decision, it's a decision of one that must make that proposing what they propose is like again`-what-you take from me, what you going give back. I take this from you, but braddah, I take this from you,but_mahalo, thank you, here for you, too. You know, it's not no royalties, whatever you,guys talking about royalties or money. It's like braddah, I give you this scholarship_money because thank you,,mahalo for what I was, what I wen take. It's kind of like.I want to say it in my-culture, you know, it's like the aloha, you take something, you give back in a.different way. If there was a way, not for us to decide, Corp. Counsel, Council,whatever,it's not for us-to decide is, you come before me, I present this to you. Is it a good idea? You come with your plan of action. You come with your proposal. And, like what he indicated, that's true Water is quality of life. But, it's like you take from me but what you-giving back? `Cause this is what I proposing and that was my decision, but I don't know how this.can be implemented, but as=far as that there, that's for me. That's, you know, I, you know, if that could be implemented there, I reverse my decision, you know. It's like, again, it's for these two people with their'client to decide, is this is what I'm proposing Gilbert, you know, I know this is-you know,it's a touchy subject because it's water. It's land. But, if there was a way that they can come up with, not going through this, goes to a non-profit, a Hawaiian non-profit, goes to them. I'r cool with that. You know, I'm totally cool. CLARKSON: Please come forward if— FUKE: Thank you, Mr. Chairman, for making the exception. I think we stated on the record, you know, and answered to both of your questions like one is that there is already an existing condition that requires that emergency preparedness plan, and if there is a need to expand that to make it very clear or explicit that to address like sea level rising or the potential for like a tsunami threat so that there's an immediate shut-off to minimize any potential intrusion of that 31 seawater into that water that even I drink. We all drink, right? You know, that can be expanded as a condition, you know, in the SMA Permit in conjunction with the emergency preparedness component of that condition. Relative to, you know, the question that you raised Commissioner Aguinaldo, I think that we, tried to share with you what we understand is like already the Applicant's position. We can't make a specific commitment. Neither can we come up with specific language right now, but we're asking the Commission that in conjunction with the Change of Zone time extension request to so articulate the concern to the County Council and the County Council being a legislative body will probably have a greater legal authority tomake such an imposition. And between now and the time that the Council considers it, you__,, which would be in about six weeks and so, and they have three readings on it, you know, we'll work something out with the Planning Director in coming up with language that, you know, addresses maybe not fully, but addresses that particular comment that you made. CLARKSON: Okay, thank you. AGUINALDO: Mr. Chair, so whatever Mr. Fuke indicated what he discussed-=with me is, you know, it has, if it's approved, now it goes to three readings It gives, buys them=time to come up with, you know, what they're proposing and it's going to be us again to agree or-disagree? CLARKSON: No, there will be—our role will be completed This is our last time to make a decision on the SMA Permit and so it will be out of our-hands after this. It will be in the County Council's hands only in consideration of the rezone Isn't that correct? HALL: Yes. But, if you deny the SMA, there,won'tbe much reason for the rezone. CLARKSON: Correct. So,:you will be.and_you are perfectly welcome to do that. If we, if you, if any person who voted.to deny changes their mind and there is a vote for approval, then it will be approved, and we will have no-control over what the County Council does in terms of conditiors�of rezone. We canmake recommendations. We can trust Mr. Fuke and his clients to do the right thing in your, from:your point of view,but we won't have any legal control over any of it. AGUINALDO: It moves up to Council, right? CLARKSON: Correct. AGUINALDO: So, M. Fuke, that's the only recommendation and condition that I have is that, you know, for me, again, if someone, if something is taken, if you take something, you give back something else. I mean, you know, we all grew up in plantation culture. Eh,braddah, thank you, eh, you give back something else what you wen cook. You guys trade off. So, to me, it's not a barter. It's not a trade. Again, this is not no, no fees or whatever, but if you can come up with a good proposal even with your client and the client's attorney. I leave 'em in the counsel's hands. You know, it's premature to decide right now because it's not approved,but if it is approved, then you folks come up with your folks decision and bring `em up to Council and we will pass 32 that on to have them, you know. You know, it's something, some way to give back. You know, again, you give back something, you know. So, if that is agreed upon verbally, not in writing, I would like to change my decision, with the condition, though, that it goes to a Hawaiian non- profit, you know, for educational purposes for the children or some kind of scholarship. To me, that is a good way of giving back. CLARKSON: Okay thank you. FUKE: Maybe, if Mr. Chair, can we have like a five-minute request—. CLARKSON: Recess? FUKE: Can I, recess, I'm sorry. Then I'd like to kind of confer with the Applicant's attorney and then maybe we'll come back again in five minutes. CLARKSON: Okay. Five-minute recess. Chairman Clarkson called a recess at 11:27 a.m.;and the meeting was reconvened at 11:38 a.m. CLARKSON: The Windward Planning;Commission is now'back in session. Please, everyone, excuse me. Please continue, Mr. Fuke FUKE: Drinking water from that plastic-bottle wouldhelp. Yeah,I've had—thank you very much for the time, and in:discussing it with the Applicant's attorney;also, we were thinking about something along these levels, I mean like, you know,---conceivably, you could basically punt the whole issue to:the County;Council, ardythere may be some residual question among the Commissioners like oh, can,-we trust the Council,'can we trust what we're gonna do. I mean, I would probably come back to you.again,so then you wouldn't trust me, so I'm little bit worried about that: So- ou know, w � , ye were thinking about maybe like recommending this condition be made part and parcel of the SMA Permit. And, what it would read would be, and I just kind of scribbled_down something like this like,"Prior to the issuance of an occupancy permit for the operation of the well, a program to equitably fund a non-profit organization to address the educational needs_of Native Hawaiians shall be developed and implemented in conjunction with the operation of the well." CLARKSON: Well, that might be fine for Gilbert, but I would rather it actually go to protection of the watershed. Just to—draw—,the, you know, to have a nexus, a tie between the permit, I'm okay with it,but the whole reason I supported John's original proposal, Commissioner Replogle's original proposal to have an extraction fee, was that protection of the public trust requires us to protect the resource, and we could only do that with some amount of funding to protect the watershed and protect the water and monitor extraction. Since we're not allowed to do that, something else would have to be imposed as a condition of the SMA Permit. REPLOGLE: It's kind of like taking reef fish for commercial purposes. That's our natural resource, and why can they do that, and they are issued permits by the State giving them permission to do this, and they put nothing back, and the reality is, I think, we need to stand up 33 r for the planet here, and we have quite a bit of evidence that privatization of water has not been good for the general public. Case in point, in Flint, Michigan, they still don't have good water, and I'm not real familiar, but not far away, Nestle Corporation is extracting water out of the Michigan aquifer and making a profit on it, and the people in Flint just, well, that's just how it is. You live there; I live here. And, at Red Hill on Oahu behind Pearl Harbor, the big, the two big fuel tanks which apparently have leaked and they are only a hundred feet above that aquifer, and that will affect 400,000 people. And, where are they going to get their water from if it becomes contaminated? Very possibly, this Mauna Kea Aquifer. Therefore, I feel we need to guard our water,keep it for the public only. CLARKSON: Okay, there is still—oh. FUKE: I'm sorry. So, if that's the question then, you,know; obviously like everything can't— this is'a business. It has to be like reasonable and like equitable andsI think that like what Commissioner Aguinaldo was saying was that, you know, growingup small kid time, there's always this give and take, so not necessarily, you know, you get more than me type, you know, so I understand the concern and also as it relates:to_the SMA objectives =You know, the public doctrine question and also like Native Hawaiian issues also are-very relevant issues to the, you know, goals and objectives for the SMA. _ So, given that and I was just thinking that-maybe we can expand it to kind of like read along these lines then: Prior to the issuance of occupancy,_permit for,the operation of the well facility, a program to equitably and reasonably fund-a non-profit organization to address the protection of the aquifer, the affected aquifer; and the educational needs of Native;Hawaiians shall be developed and implemented in conjunction with the operation of.the well. And, the operation of the well, for example;-if the program is such that, you know, the program that's developed and to be assigned to the non-profit is like, you know, you get a percentage of like, you know, how many cases.you.sell_or whatever have you, then it's kind of like an ongoing thing, you know for its maintenance rather:_than likea one-shot deal,so CLARKSON: Okay. You're willing to have that as an amendment to the SMA? Now, we're , leaving out any financial thresholds _ BUNN: Well, we are—I mean, as you can see, neither of us has spoken to our client. I have worked with this client;_for a long time. I trust them. They are good corporate neighbors. They are good citizens. So,'I am confident that they will be agreeable to some give-back. What specifically that is in terms of dollars and cents—that's why I hear what you are wanting and you are asking for,but I am a little bit cautious about being quite as specific as Mr. Fuke even wants to be without talking to the client. So, in terms of putting a dollar? I mean, I think we can all talk about and we can talk to the Planning Director about, you know, what this would be used for. I agree there needs to be some connection to the actual project and any potential impact, you know, and I'm sure that there is a way to fashion that. I mean, maybe it is education for Native Hawaiian children about the value of water and the dangers of climate change. I'm sure there is something that can be agreed upon. I'm very cautious about specifics in terms of dollars just because I don't have authority from the client. 34 DARROW: If I might chime in? If I can just raise some concerns? You know, when we.look at these permits, we have criteria for approval. You don't see a criteria that says if the applicant gives this, then we'll approve. It's based on particular criteria. In the SMA Permit, it's on protection and—of the SMA. I mean, you're looking at this criteria from a particular point. Now, all of a sudden we're getting into this, this discussion about, well, I'll change my mind if you give this, then I'll go ahead and approve. Unfortunately, we haven't looked at the criteria for approval from that standpoint. So, these are—these are things being added in at this point that are just coming into the discussion now. And, again, that's not to say that in the past there hasn't been things proposed in permits that would be a benefit that had a clear nexus to the request. And, I used an example earlier that when there was a particular project coming into the SMA, and it was going to have a possible impact on parks in the area, they came in and proposed to do major improvements to the parks because they were going to have an impact on the parks. So, again,just—I want to caution the Commission to_understand that, you know, when we look at approvals and denials, we have criteria that we stay-focused on. FUKE: One, one—I'll probably get fired after this project, so, but anyway,like I would defer to what counsel is saying that, you know, we really should get a chance to discuss it with the client, and I would reiterate what she says in that knowing the client for so many years that he is a very generous person and very giving. I'd like to, you know, therefore, kind of go back again, you know, to say that between now and the time that the, you know, rezoning time extension is considered, we'll be able to craft the language and then, youknow, vet it off of the client, and so that I don't get fired, and then come up with something -,And, I believe like, you know, if you look at, you know, as far as the ability to impose some sort of like an>impact fee, you know like and you know what Mr Darrow indicated, is so_true .You have;to have like two, it has to relate to two criteria. You know, rational'.nexus and proportionality. It has to be fair and has to have some relevance. _ And, so, on the-at the Council level, you know, when you guys consider all zone change, there's this'fair share requirement,right? It addresses road,parks, solid waste, fire, and police protection,but there's nothing that discusses things like maybe like protection of aquifer or Native Hawaiian cultural rights, those kinds of things. You know, so, we need some time to kind of think aboutit,`and I think that being that the Council already has this, has imposed this fair share notion on the zoning ordinances, then I think also the Council may have the ability to expand that to include maybe in.certain situations, situations like that. So, I retract my proposed conditions,but I think just something along these lines can then be vetted with the client and then discussed with the, you know, with the Planning Director and the County Council. CLARKSON: You're not asking for a continuance to come back to. us, you're asking that we vote on this now and leave this issue to discussions with the Council. FUKE: Yeah, we would respectfully request that, you know, hopefully like a favorable motion be made to approve the SMA subject to the two additional conditions, one relating to the noise 35 r restricting it to the 55 dB and the other one limiting the amount of extraction to no more than 200, you know, million gallons per day. I mean, that's totally acceptable. And, relative to the zone change, the time extension request, to recommend its approval and the Commission also articulate its concern about wanting to have some additional consideration be given to both protection of the aquifer and Native Hawaiian rights in the event that this is, you know, this project is developed. CLARKSON: Okay. I think it's time to have a vote then on the—oh, I'm sorry. RAFFIPIY: Can I ask one more question? I just wanted—I,my vote again was on protecting the water, the water system, the aquifer, and, what relates to rising tide. I'm not sure I understand what the permanent, let's say permanent shut down of the system if and when we're going to get, you know, that thing is going to, that area is going to=get inundated by water. I, personally I feel it's just a matter of when. I've seen;places where there, they have, they are completely under the water, in the Pacific Ocean ..Right west of Hawaii= So, that's my, that's— I don't know. I have not seen the plan yet on what_it looks like, you know I,don't know if you will pour concrete into that, that pipe and fill up the whole 1,000 feet of pipe to;permanently shut it down. Maybe if that's what it is, you know,;I just need to see'so that I can be comfortable with it, that we will not, it will not pollute We're not going to tamper, I mean we're not going to, yeah, pollute our water system, our aquifers:-., FUKE: I forgot to mention,that, you know, like if you want to make that very clear, then Condition 11 can be expanded-to read as follows, and you know, "The applicant, its sucessors or assigns shall file an emergency preparedness and response"plan including the protection of the aquifer due to natural disasters with.the Hawaii County Civil Defense Agency and the Planning Department prior to the issuance of a=certificateof occupancy for any portion of the proposed development.'.', So, I believe that with language,that ex anded lan e, it makes it clear that the Civil Defense and p Planning Director have an obligation to address that particular issue that you raised. RAFFIPIY: Yes _and I guess to =to maybe a. specific to a point that we can specify that you're going to shut it down permanently and it will not,no water will go inside and contaminate the aquifer. I'm just looking out for the public, not in next year or so. I'm looking out, I'm thinking about ten, twenty, fifty years from now when we all pass away and, you know, `cause once we, once we tamper with that, that aqua— FUKE: —The aquifer, yeah— RAFFIPIY: Yeah, that aquifer, we cannot, we cannot go back and, you know, take back what we did. It's going to become permanently damaged. But, if there is a way where we can guarantee future generations that we can, we have the capacity to permanently shut that thing down if there is rising tide, for example, where—tsunami is just coming and gone, rising tide is going to come in and stay there. We're going to get inundated. That's all I wanted. 36 i FUKE: Yeah, so like and in that regard of like having both the Civil Defense Agency and the Planning.Department be the overseer and the approving entity I think would provide that kind of protection that you're asking for. I would hope—if you can trust the Planning Director, the Department, and the Civil Defense Agency. CLARKSON: Further discussion? l REPLOGLE: Yeah, a little bit. Are we allowed to ask for a continuance to allow them to line the ducks all up or—? I'm still against it. I'll be against it next time, too. But— CLARKSON: —I believe we are because— REPLOGLE: —I say a bird in the hand is worth more than two in the bush. CLARKSON: That would be my preference, too,because I would rather see these conditions be part of the SMA while we have control over them rather than be left to the Council, not speaking ill of the Council,but—. FUKE: Can I make one suggestion?,So, if that's the-inclinationof the Council"[sic], can I make a request that at least the rezoning extension portion on the, you know,be considered right now, so that portion can be moved, `cause if you're going to be deferring this and on the SMA portion, too AGUINALDO: —The whole thing, yeah? FUKE: Yeah, yeah, to include and,you know, like some sort of like language then, you know, for one month, then, you know, we--don't necessarily want to hold up on the zone change portion because that_takes:like an additional three or four months from now. CLARKSON: I thought there was_,a connection, a link between the two that you couldn't have one without the other although it would,probably take a lot longer to get the rezone then for us to act. DARROW: There pis_a link in the sense that the SMA Permit does not become valid until the Change of Zone permit is approved, so that's the link. But,the concern is that if this goes up and there is significant changes as far`as conditions, my understanding is that it has to come back down. So, that's a concern CLARKSON: The rezone has to come back? DARROW: Correct. If there are what is substantial changes, and I would, I just—I'm not sure if the conditions that you're talking about implementing up at Council are considered substantial—but there is a chance they may say or we may say that was substantial and it should come back down. 37 So, it might be, it seems like it might be more beneficial. I know that the Applicant is wanting to move this, but, again, there is concern about moving forward too quickly here and maybe the possibility of considering a deferral to work everything out before moving forward. Just a suggestion. HALL: Well, what's on the floor right now is that the, there would be no changes to the rezone. There would be only changes to the SMA Permit if the Applicant—after the continuance and the Applicant came back with their answers. So, at this point, I mean, if there's not going to be any significant changes to the rezone from ourpart or that we are recommending, I don't see why it can't, the rezone can't be approved now. I think that the SMA still with a one month delay would still probably get approved before the rezone. KAY: So, where we stand now, Mr. Chair, is we still have.-a.motion on the floor— CLARKSON: —We have a, we have a motion on the floor for approval subject to— AGUINALDO: —Rezone. CLARKSON: No, subject to the additional conditions of the 200,000-gallon a play limit and the 55 dB post operation noise restriction,but KAY: You were considering whether or not to.withdraw your second. CLARKSON: I was, and withdraw.,it. I think we've spent a lot of time on this. I am very doubtful that the motion will carry, but I_would like to-see avote on it. I might be surprised. IKEDA: I will withdraw my motion KAY: Okay CLARKSON: All right. At this tithe,_'there is no motion on the floor. Is there any motion—any further motionfor action? �` IKEDA: Yes. I move for a continuance on the SMA 18-000070. CLARKSON: Is there a;second? This is at the initiative of the Commission for one month. RAFFIPIY: I second. CLARKSON: Any further discussion on this motion? I heartily approve of the motion and would urge its passage and hope that in one month we can incorporate additional conditions related to community benefit from this project after you have a chance to talk to your clients. Any further discussion? KAY: Okay, thank you, Mr. Chair. Commissioner Ikeda? 38 IKEDA: Aye. KAY: Commissioner Raffipiy? RAFFIPIY: Aye. KAY: Commissioner Aguinaldo? AGUINALDO: Aye. KAY: Commissioner Replogle? REPLOGLE: Aye. KAY: And Chair Clarkson. , CLARKSON: Aye. .- KAY: Thank you, Mr. Chair. Your motion carries live, nothing for the deferral or continuance. Now we move onto the rezone. CLARKSON: Yes, we do. IKEDA: Mr. Chairman,J1L-make the motion. I move that a favorable recommendation be forwarded to the Count3ir_CounCil-On the request. to amend Change of Zone Ordinance No. 92 122 based on the Planning Director's recommendanon and proposed amended [sic] conditions which shall be adopted. . _ AGUINALDO: CLARKSON: It's been moved and seconded. Any further discussion on the rezone recommendation?. If not, please poll the Commission. KAY: Thank you, Mr. Chair. Commissioner Ikeda? IKEDA: Aye. KAY: Commissioner Aguinaldo? AGUINALDO: Aye. KAY: Commissioner Raffipiy? RAFFIPIY: Aye. KAY: Commissioner Replogle? 39 r REPLOGLE: Nay. KAY: Chair Clarkson. CLARKSON: Aye. KAY: Thank you, Mr. Chair. Motion carries four to one. CLARKSON: Thank you. You'll be coming back soon in a month with some proposals for the SMA part and approval. AGUINALDO: I'll be here. FUKE: Thank you very much for your courtesies and happy holidays all. CLARKSON: Same to you. _ The discussion ended at 12:02 p.m. Secretary's Note: There was brief discussion with Kamaki Rathburn, a member of the public, after the hearing, as follows. RATHBURN (from audience): Just so I understand AGUINALDO: Yeah? RATHBURN (from audience).. Can I ask you a question'? AGUINALDO: Yeah: RATHBURN (from audience): So, on the portion where he talks about bringing this back with some proposals as to what conditions might be applied as to what your suggesting, things of that nature, the limitation of the water that's pulled out, a program to benefit the community where— so when you consider these things,are there, what is the process with you or anybody else, the community to propose to you folks what you can select. Like if I have an idea that I want to present to you guys do I just email you or— AGUINALDO: —I think you come for testify, yeah? RATHBURN (from audience): I mean is it legally okay for me to assist— CLARKSON: I don't, I'm going to ask Corp. Counsel. We closed public testimony, but now we are continuing specifically to solicit additional conditions for the SMA. I would think we would- 40 r HALL: —What is his question? I'm sorry. RATHBURN (from audience): No, that's not my— CLARKSON: —His question, his question was—I was going to get to your question by saying that we would be accepting additional public testimony with regard to these conditions at our, at the next hearing a month from now. KAY: And, also in the interim, if you'd like to provide testimony or suggestions to the Planning Department, you can do so. CLARKSON: In writing. KAY: In writing. RATHBURN (from audience): Okay, that was-and can I testify if I may? HALL: Can you speak into the microphone? RATHBURN: I'm sorry, if I may just very quickly make three points. Just so you, everybody understands. I've worked, you know, in many different things in my life, but what I have worked here applies to this scenario is that I worked.with Hawaiian Springs. I was a truck driver. So, I delivered the containers to the harbor for export, interisland and internationally as well as to the local stores and what not. I also drove a water truck, a catchment truck where I refilled water catchment tanks for people. You know,many of us, thousands and thousands of us live without water service, so we catch the rain on a-roof as you all know. We have slugs. We have a lot of problems with that. So, right now, especially with the lava, what happened, so not to get all into, you know, all over the place,but basically what I'm concerned with is this. A couple things. Some years ago,Don Thomas,Professor Thomas did a drill, exploratory drill, some program they were working on near the airport across from General Lyman field. They had a drill site there. They wanted to see what was going on between Mauna Loa and Mauna Kea. They selected that site. They drilled down many thousands of feet. I don't know exactly the details,but what I do know is during that drilling that they breached one of the aquifers, ruptured the aquifer,water came out of the top uncontrollably, Halbert was called in to seal it. They had some problems,but they were able to contain it, but the problem is underground, not what came out of the service by the airport but what's leaking underground. So, his concern is • not just the level, sea level rises,but if a drill site, if a drilling takes place and damage takes place a thousand or five thousand feet down, we can cap it,but we can't— CLARKSON: —Mr. Rathburn— RATHBURN: —cap the bottom. CLARKSON: Yeah, you'll be given— RATHBURN: —So that was a concern. The other one- 41 CLARKSON: —Please— RATHBURN: —Yeah— CLARKSON: —Please— RATHBURN: —I'm done with that. CLARKSON: Okay. All right. RATHBURN: I just want to say one quick one, okay? That when is—in my experience working with the water, Hawaiian Springs— CLARKSON: No, we closed— RATHBURN: —they, they have— CLARKSON: —public testimony. You—it's going to be reopened again RATHBURN: —It has to do with the noise.-It's just that, that's it. That's all I want to say. One thing. The noise level, okay? They have the bottling section there. You can't close it because forklifts have to come in constantly in and out with pallets and you can't contain it so somewhere there is going to be an open direction where it's not going to meet 55 dB. If they can, maybe it's possible,but I don't think it's feasible: That'_s all I wanted to say. CLARKSON: Okay. RATHBURN: Thank you. CLARKSON: Thank you This discussion ended at 12:06 p.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Y Windward Planning Commission 42 L