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HomeMy WebLinkAbout2019-04-04 Letter to Keith E. Kawaoka regarding Kamakoa Nui ParcelHarry Kim llaror Wil Okabe Managing Director Barbara J. Kossow Deputy Managing Director � llunt of paival"i Offirr of the AnVor 25 Aupuni Street, Suite 2603 • Hilo, Hawai'i 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawai'i 96740 (808)323-4444 • Fax(808)323-4440 April 4, 2019 Keith E. Kawaoka Deputy Director for Environmental Health 1250 Punchbowl Street, 3`d Floor, Room 325 Honolulu, Hawaii 96813 Dear Deputy Director Kawaoka, The United States Army Corps of Engineers (USACE) recently completed the Remedial Action for Area P, Kamakoa Nui Parcel, Tax Map Key (TMK) (3) 6-8-042:022 in the former Waikoloa Maneuver Area (WMA) on the Island Of Hawaii, Hawaii. USACE prepared a final Remedial Action Report (RAR) dated December 2018 that was reviewed and approved by the State of Hawaii Department of Health (HDOH) in a letter dated January 21, 2019. The parcel, TMK (3) 6-8-042:022 that was included in the RAR (hereinafter referred to as the PROPERTY), is owned by the County of Hawaii and is scheduled to be developed to provide Affordable Housing for the community. I seek your assistance in finalizing and issuing this Conditional No Further Action Letter with Institutional Controls (CNFA w/ICs) to help us continue to address the severe Affordable Housing crisis on our island. The County of Hawaii recognizes that due to technological limitations, USACE was not able to remove all unexploded ordnance (UXO) from the PROPERTY with a 100% confidence level, and therefore there is residual risk of exposure to UXO explosive hazards at the property. The County of Hawaii understands and acknowledges that to mitigate the residual risk, the CNFA w/ICs requires the current and future PROPERTY owner to comply with the Areawide Environmental Hazard Management Plan (AEHMP). The County agrees to abide by the Conditions of the CNFA w/ICs, and additionally to the following: 1. In the event of sale or lease of the PROPERTY, in whole or in part, the PROPERTY owner is required to notify the new owner(s) or lessee(s) of the Conditions of the CNFA w/ICs and the requirements of the AEHMP. 2. In the Event that the parcel is subdivided, the PROPERTY owner will disclose these requirements to the prospective purchasers as part of the sale agreement requiring the new owner(s) to adhere to the requirements of the CNFA w/ICs. County of Hawai'i is an Equal Opportunity Provider and Employer. April 4, 2019 Page 2 3. The PROPERTY owner assumes full responsibility for all activities on the PROPERTY and HDOH is not responsible for any of the actions performed by the PROPERTY owner. If the PROPERTY owner discovers any conditions or safety hazards associated with a UXO, a report to the HDOH shall be submitted. 4. The PROPERTY Owner will establish and maintain a tenant -public informational program that will educate all tenants on the hazards of unexploded ordinances. I understand that I will have to sign an acknowledgement of receipt for the CNFA w/ICs Letter and return a copy to the Hazard Evaluation & Emergency Response Office. erel K.L� arry Kim 7 Mayor, County of Hawaii County of Hawai' i is an Equal Opportunity Provider and Employer.