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HomeMy WebLinkAboutPD BACKGROUND REPORT (SLU-21-056 & REZ-21-246)BWmdSLUREZ.cdc.5.521 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT TIMOTHY JOSEPH WARD & KAY LYNN WARD STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 21-000056) CHANGE OF ZONE APPLICATION (REZ 21-000246) TIMOTHY JOSEPH WARD & KAY LYNN WARD have submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban for 3.992 acres of land and a Change of Zone from an Agricultural -5 acre (A -5a) and Agricultural 1 -acre (A-1 a) to a Single Family Residential -22,000 square feet (RS -22) zoning district for 3.992 acres of land. The subject property is located at 73-4350 Hawaii Belt Road, approximately 300 feet south of its intersection with Kaiminani Drive, Kalaoa 4th - O`oma 1st, North Kona, Hawaii, TMK: (3) 7-3-005: 015. PROPOSED ACTION 1. Applicants' Request: 1) A State Land Use Boundary Amendment from Agricultural to Urban for 3.992 acres of land; and 2) a Change of Zone from an Agricultural -5 acre A -5a) and Agricultural -1 acre (A-1 a) to a Single -Family Residential -22,000 square feet RS -22) zoning district for the 3.985 acres and 332 square feet, respectively. The RS -22 zoning district, with a minimum lot size of 22,000 square feet, would allow a maximum density of 6 lots (excluding land area to be set aside for a road lot). According to the Zoning Code, the Single -Family Residential zoning district provides for lower or low and medium density residential use, for urban and suburban family life. It also applies to areas having facilities to carry out the above stated purposes. Requirements for establishing a land use in the RS district, including a list of the variety of permitted uses, are shown in Section 25-5-1 to 25-5-8 of the Zoning Code. (Planning Department Exhibit 1- Zoning Code Requirements for Single -Family Residential Districts) 2. Objectives of the Requests: If the requested land use entitlement changes are approved, the applicants propose to subdivide the property into six (6) buildable lots with a minimum of 22,000 square feet each and a road lot. 3. Construction Timetable: The applicants hope to secure the required State Land Use district reclassification concurrent with the County rezoning approval as soon as possible and the subdivision process would begin immediately thereafter. 4. Landowner: Timothy Joseph Ward and Kay Lynn Ward. 5. Supporting Information: (Planning Department Exhibit 2 - State Land Use Boundary Amendment and Change of Zone Applications Dated January 7, 2021) PROJECT AREA PERMIT HISTORY 6. Subdivision No. 97-000046: According to the applicants, there was a prior dispute regarding access to the property with the neighbor to the west on TMK (3) 7-3-005:080. As a result, in 1997 the parties consolidated and re -subdivided former lot 31 into lots 31-A and lot 31-B subject property) such that lot 31-B would have access off a cul-de-sac on Ihumoe Street. 7. Settlement and Release Agreement: A private Settlement and Release Agreement was also entered in 2007 which contains continuing obligations when the property is further subdivided (Exhibit F of the application). The Settlement Agreement requires that in the event that there is a further subdivision of the property, the owners of the subject property allow the Ikedas (or their successors) upon request, to review any plans or drawings submitted to the County. Further, in the event the subject property is subdivided, the common boundary of the subject property and Parcel 80 will be further adjusted such that the north corner of the common boundary will be placed so that it intersects with the southeast comer of Lot 14 of the Kona Palisades subdivision, which will result in a reduction in the area of the subject property. Paragraph 4 of the Settlement Agreement also requires the erection of a wall, fence, or low maintenance planting screen along the common boundary of the subject property and Parcel 80. Nothing in the private legal agreement precludes the applicants from applying for the subject SLU Boundary Amendment or Change of Zone. STATE AND COUNTY PLANS 8. State Land Use Designation: Agricultural. 9. County Zoning: A -5a and A -la. 10. General Plan LUPAG Map: Low Density Urban. 11. Kona Community Development Plan (CDP): The Kona CDP as amended, was adopted by the Hawaii County Council by Ordinance No. 19 91 on September 18, 2019 and identifies the preferred land use pattern for the North and South Kona districts. The subject property is situated within the KCDP's Kona Urban Area. 12. Special Management Area (SMA): The property is located over four (4) miles from the nearest shoreline and is not situated within the Special Management Area. DESCRIPTION OF PROPERTIES AND SURROUNDING AREA 13. Subject Property: The subject, 3.992 -acre property is roughly rectangular in shape, slopes slightly to moderately to the west between the 1,510 foot and 1,640 -foot elevation and is currently vacant of any structures or improvements. The property was previously grubbed and is currently heavily vegetated. The property also has two (2) archaeological sites situated within proposed Lot 5, which are currently proposed to be preserved in place as further described in section 20 below. 14. Surrounding Zoning/Land Uses: The parcels directly adjacent to the north are part of the Kona Palisade Subdivision and similarly zoned A -5a, however, they consist of non- conforming lots sizes between 10,000 and 15,000 square feet and consist of single-family residences. Nearby subdivisions along Kaiminani Drive are zoned RS -10 and RS -15 and lands directly to the south and west of the subject property are zoned A-1 a and similarly consist of residences. There is a Neighborhood Commercial (CN -20) property situated across Mamalahoa Highway to the east (mauka) of subject property, which is the site of the Matsuyama Food Mart. 15. ALISH: Unclassified. 16. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor." 17. U.S.D.A. Soil Survey: The soils on the subject property are classified as Pu`uika`aka - Lava flows complex soils with 10 to 20 percent slopes. The soil consists of volcanic ash over pahoehoe lava flows. The soil is considered well drained with a very high runoff class and the erosion hazard is undefined. 18. FEMA FIRM MAP: Zone "X", which is determined to be an "Area of Minimal Flood Hazard." 19. Flora/Fauna Resources: There were no professional surveys conducted of the floral or faunal resources of the subject property, however according to the applicants, vegetation observed on the property is primarily non-native and weedy in nature, consisting mainly of strawberry guava, silver oak, jacaranda, Christmas berry, kukui, ti, and various grasses and vines. A few scattered `Ohi`a trees are also found on the property. The site vegetation represents a highly altered and degraded secondary growth with few remaining natives. Fauna observed in the vicinity of the property include introduced bird species (such as dove, Japanese whiteeye, house finch, myna), and domestic animals (such as cats, dogs, rats, pigs, and mongoose). These are all common and not endangered. Given the suburban, developed nature of the area, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject parcel. 20. Archaeological/Historic/Cultural Resources: In February 2013, a complaint was filed for the grubbing of the property without permits. The complaint alleged that there was a possible disturbance of archaeological sites on the property. Art enforcement action ensued before the State Historic Preservation Division (SHPD) and it was determined that a number of archaeological sites within the property had been disturbed. An Archaeological Inventory Survey (AIS) was subsequently completed by Haun and Associates in June 2013 (Exhibit A of the application). The AIS identified seven (7) sites with 36 total features on the subject property. In a letter dated January 25, 2016 SHPD accepted the AIS (Exhibit B of the application), and the recommendations contained therein, including proposed data recovery for Sites 29789 (lava tube) and 29794 (terrace). Instead of data recovery, the previous landowner agreed to preserve the sites in place, thus a Preservation Plan was prepared (Exhibit C of the application) and accepted by SHPD by letter dated October 26, 2016 (Exhibit D of the application). Pursuant to the approved Preservation Plan, the sites will be conserved within a proposed 0.12 -acre archaeological preserve situated within Lot 5 of the proposed subdivision. Other requirements of the preservation plan include an interim buffer of 20 feet marked by bright orange construction safety fence, to be erected prior to the commencement of any ground altering activity and retained in place until completion of all development on the property. The preservation plan also requires a 10 -foot -wide permanent preservation buffer to be set by a metes and bounds survey and recorded on a plat map and submitted to the Bureau of Conveyances and recorded as a restrictive covenant in the property deed for Lot 5. By letter dated April 19, 2017, SHPD verified the completion of temporary preservation measures (Exhibit E of the application), however, the other requirements of the plan have yet to be completed. Based on the approximate location of the preserve area, the applicants may have to adjust their proposed subdivision layout to accommodate the required temporary 20 -foot buffer. According to the applicants, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. 21. Public Access: There is no known public access to the mountain or shoreline that traverses through the subject property. 22. Traffic: While traffic to the site will increase, it will be consistent traffic to six (6) new residential lots/dwellings. The increase does not trigger the requirement of a Traffic Impact Analysis Report (TIAR) as there will not be more than 50 peak hour trips generated from the proposed subdivision. PUBLIC UTILITIES AND SERVICES 23. Access: Access to the subject property is from Ihumoe Street, which connects to Kaiminani Drive via I11111 Street approximately 1/4 mile from its intersection with Mamalahoa Highway. Ihumoe Street is a County owned and maintained roadway with a 20 -foot -wide pavement within a 50 -foot right-of-way (ROW). The six (6) lot subdivision will be served by a private road conforming with the DPW Standard Detail R-39 for a non-dedicable private dead-end street with a minimum 16 -foot -wide pavement withing a minimum 20 -foot right-of-way. The subject property is encumbered with a 10 -foot -wide No Vehicular Access & Planting Screen" (Easement P-1) along its entire Mamalahoa Highway/Hawaii Belt Road frontage, thus direct access to the highway is prohibited. According to DPW — Engineering Division, connection to Ihumoe Street will require a County ROW permit in conformance with Hawai`i County Code, Chapter 22, County Streets. Additionally, the applicants shall install streetlights and traffic control devices as may be required by the Department of Public Works -Traffic Division. The applicants shall be responsible for the design, purchase, and installation of such devices. 24. Water: According to the Department of Water Supply (DWS), water for the proposed project can be made available from an existing 8 -inch waterline along Ihumoe Street which fronts the subject property. Additionally, prior to the issuance of final subdivision approval, DWS requires the construction of necessary water system improvements including, but not limited to, providing service laterals that will accommodate 5/ 8 -inch sized meters to each lot; and installing fire hydrants spaced no more than 600 feet apart. On dead-end streets, the last fire hydrant shall be located at one-half the distance from the last house/unit, fronting the property, or to the driveway/access for the property; and subject to other agencies' requirements to construct improvements within the road right- of-way fronting the property affected by the proposed development, if necessary, the applicants shall be responsible for the relocation and adjustment of the Department's affected water system facilities. Finally prior to obtaining final subdivision approval, the applicants will be required to acquire and maintain valid water commitments for the proposed subdivision as well as remit facilities charge payments and submit documents conveying the improvements and necessary easements to Water Board of the County of Hawaii. 25. Wastewater: There are no County sewer facilities in the vicinity of the subject property. According to the applicants, any new construction will be served by Individual Wastewater Systems (IWS) meeting the approval of the State Department of Health DOH). Furthermore, DWS operates a potable water well (Kalaoa Well) situated northeast (makai) of the subject property. DWS indicates that the northeast corner of the subject property is located within the 1,000 -foot radius of the well. As DOH regulations do not allow septic systems within a 1,000 -foot radius of a water system, the applicants indicated that septic systems will not be sited within that area. 26. Solid Waste: Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. 27. Essential Utilities and Services: All essential utilities are available to the property. Police and fire services are available within five (5) miles of the site. AGENCIES' COMMENTS 28. Department of Public Works: (Planning Department Exhibit 3 — May 4, 2021 Memo). 29. Department of Water Supply: (Planning Department Exhibit 4 — March 24, 2021 Letter) 30. State Department of Land and Natural Resources — Engineering Division: (Planning Department Exhibit 5 — March 16, 2021 Memo) 31. State Department of Health: (Planning Department Exhibit 6 — April 19, 2021 Memo) AGENCIES AND ORGANIZATIONS — NO COMMENT/CONCERNS 32. Department of Environmental Management, Police Department, Fire Department, and State Department of Land and Natural Resources — Land Division. AGENCIES AND ORGANIZATIONS - NO RESPONSE 33. Office of Housing and Community Development, Real Property Tax Office, State Land Use Commission, and State Office of Planning. PUBLIC COMMENTS 34. Email from Jamie Funikoshi: (Planning Department Exhibit 7 — May 3, 2021 Email) APPLICANTS' RESPONSE TO AGENCY/PUBLIC COMMENTS 35. Email from John Pipan, Planning Administrator, Land Planning Hawaii, LLC responding to Planning Department questions and Jaime Funikoshi email: Planning Department Exhibit 8 — May 5, 2021 Email) ZONING § 25-4-68 Section 25-4-68. Grounds for approval or denial. The director shall approve an application for recognition of a de minimis structure position discrepancy unless: a) The discrepancy is greater than the difference as allowed by the de minimis structure position discrepancy definition, or b) The director finds that the improvement was placed with knowledge that it would violate the minimum yard or open space requirements; or c) The improvement could be moved, or the discrepancy otherwise corrected, without significant expense, difficulty, or hardship to the applicant. 2002, ord 02-70, sec 3.) Section 25-4-69. Recognition of de minimis structure position discrepancy. If the director accepts the application for recognition of de minimis structure position discrepancy, the director shall notify the applicant in writing that the discrepancy is not a violation of the zoning code and that it may remain in place without a variance. 2002, ord 02-70, sec 3.) Section 25-4-70. Disclosure. A de minimis structure position discrepancy shall be disclosed by the owner to subsequent purchasers of the property in question. 2002, ord 02-70, sec 3.) Section 25-4-71. Appeals. The director's decision with respect to a de minimis structure position discrepancy is appealable to the board of appeals. 2002, ord 02-70, sec 3.) Article 5. Zoning District Regulations. Division 1. RS, Single -Family Residential Districts. Section 25-5- 1. Purpose and applicability. The RS (single-family residential) district provides for lower or low and medium density residential use, for urban and suburban family life. It applies to areas having facilities, and to carry out the above stated purpose. 1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-2. Designation of RS districts. Each RS (single-family residential) district shall be designated on the zoning map by the symbol "RS" followed by a number which specifies the required minimum building site area in thousands of square feet. 1996, ord 96-160, sec 2; ratified April 6, 1999.) 25- 73 Planning Dept. Exhibit 1 25-5- 3 HAWAII COUNTY CODE Section 25-5- 3. Permitted uses. a) The following uses shall be permitted in the RS district: 1) Adult day care homes. 2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. 3) Community buildings, as permitted under section 25-4-11. 4) Crop production. 5) Dwellings, single-family. 6) Family child care homes. 7) Group living facilities. 8) Home occupations, as permitted under section 25-4-13. 9) Meeting facilities. 10) Model homes, as permitted under section 25-4-8. 11) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. 12) Public uses and structures, as permitted under section 25-4-11. 13) Short-term vacation rentals situated in the general plan resort and resort node areas. 14) Temporary real estate offices, as permitted under section 25-4- 8. 15) Utility substations. as permitted under section 25-4-11. b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the RS district, provided that a use permit is issued for each use: 1) Bed and breakfast establishments as permitted under section 25- 4-7. 2) Care homes. 3) Churches, temples and synagogues. 4) Crematoriums, funeral homes, funeral services, and mortuaries. 5) Day care centers. 6) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. 7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. 8) Schools. 9) Telecommunication antennas and towers. 10) Yacht harbors and boating facilities. c) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the RS district. 1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 3; am 2014, ord 14-86, sec 3; am 2018, ord 18-114, sec 5; am 2019, ord 19-100, sec 3.) Section 25-5-4. Height limit. The height limit in the RS district shall be thirty-five feet. 1996, ord 96-160, sec 2; ratified April 6, 1999.) SUPP. 7 (1-2020) 25-74 ZONING § 25-5-5 Section 25-5-5. Minimum building site area. The minimum building site area in the RS district shall be seven thousand five hundred square feet. 1996, ord 96- 160, sec 2; ratified April 6, 1999.) Section 25-5-6. Minimum building site average width. Each building site in the RS district shall have a minimum average width of sixty feet, plus two feet for each five hundred square feet of required building site area in excess of seven thousand five hundred square feet. except that no building site shall be required to have an average width of more than one hundred fifty feet. 1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5- 7. Minimum yards. The minimum yards in the RS district shall be as follows: 1) On a building site with a required area of seven thousand five hundred square feet to and including nine thousand nine hundred ninety-nine square feet: A) Front and rear yards, fifteen feet; and 13) Side yards, eight feet. 2) On a building site with a required area of ten thousand square feet to and including nineteen thousand nine hundred ninety-nine square feet: A) Front and rear yards, twenty feet; and B) Side yards, ten feet. 3) On a building site with a required area of twenty thousand square feet or more: A) Front and rear yards, twenty-five feet; and B) Side yards, fifteen feet. 1996, ord 96-160, sec 2; ratified April 6, 1999; am 1997, ord 97-88, sec 1.) Section 25-5-8. Other regulations. a) There may be more than one single-family dwelling on each building site in an RS district provided there is not Less than the required minimum building site area for each dwelling. b) One guest house, in addition to a single-family dwelling, may be located on any building site in the RS district. c) An ohana dwelling may be located on any building site in the RS district, as permitted under article 6, division 3 of this chapter. d) If a legal building site in the RS district has less area or average width than is required, then the yard requirements for the building site shall be the same as in the RS district having the largest requirements for which the building site can comply. e) Exceptions to the regulations for the RS district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development, or by the director within a cluster plan development. 1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 3.) 25-75 CHANGE OF ZONE APPLICATION CON PLANNING DEPT JAN 7 2021 H 10:09 COUNTY OF HAWAII PLANNING DEPARTMENT Type or legibly print the requested information) APPLICANT: Timothy Joseph Warrd& Kay Lynn Ward"/ APPLICANTS SIGNATURE" / 7 d[ j r.t,yC 1 ALJ DATE: E2 3 b ADDRESS:1604 S 175th St. Omaha, NE 68130 J U LIST APPLICANTS INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) ,C)z.—ifc60-34Z9 (Res.) 4\z- (d?) (Fax) LANDOWNER(S):Timothy Joseph Ward Kay Lynn Ward LANDOWNER SIGNATURE(S): "" c t LiJ At) DATE: he letter) LANDOWNER(S) ADDRESS:1604 S 175th St. Omaha NE 68130 REQUEST: A -5a /Q -la TO 125 -22 Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7- 3-005: 015 STREET ADDRESS OF PROPERTY: 73-4350 Hawaii Belt Road, Kailua-Kona, HI 96740 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 3.992 acres AGENT: Land Planning Hawaii LLC ADDRESS: 194 Wiwoole St, Hilo, HI 96720 TELEPHONE:(Bus.) 808-333-3393 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent Planning Dept. Exhibit 11 - COPIES: Applicant STATE LAND USE BOUNDARY AMENDMENT APPLICATION 15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT Type or legibly print the requested information) PETITIONER:Timothy Joseph Ward & Kay LynnWar CON PLANNING DEPT JAN 7 2021 410:09 j PETITIONER'S SIGNATURE s a9 1rn pJDPATE: ADDRESS: 1604 S 175th St, Omaha, NE 68130 U R;)&/zn PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE:(Bus.) 1762-Fg'3--3929 (Res.) `%t12-(eS/- 3(o ) 3 (Fax) LANDOWNER(S): Timothy Joseph Ward & Kay Lynn Ward LANDOWNER SIGNATURE(S): 7I)" DATE: )a/Iiii,3D May be by letter) ADDRESS: 1604 S 175th St, Omaha, NE 68130 TAX MAP KEY: (3) 7-3-005: 015 STREET ADDRESS OF PROPERTY:73-4350 Hawaii Belt Road, Kailua-Kona, HI 96740 Curr M-: proposed: ZONING: A -5a /4-1n Zs -az SIZE OF PROPERTY: 3.992 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agriculture REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: Land Planning Hawaii LLC ADDRESS: 194 Wiwoole St. Hilo. HI 96720 TELEPHONE:(Bus.)808-333-3393 (Res.) Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant See Instructions on Reverse Side) COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-5a/A-la to RS -22) & COUNTY STATE LAND USE BOUNDARY AMENDMENT AGRICULTURE TO URBAN) TIMOTHY JOSEPH WARD & KAY LYNN WARD KONA ACRES SUBDIVISION, NORTH KONA, HI 96740 TMK: (3) 7-3-005: 015 1 Table of Contents I. INTRODUCTION 4 II. PROJECT LOCATION 4 III. PROJECT DESCRIPTION 4 A. Project Concept and Components 4 B. Project Timetable and Cost 7 IV. INSTITUTIONAL CONSIDERATIONS 7 A. State Land Use 7 B. County General Plan 7 C. Kona Community Development Plan 8 D. County Zoning 9 E. Relationship to SMA Objectives and Policies 9 F. Other Permitting Requirements 11 V. ENVIRONMENTAL CONSIDERATIONS 12 A. General Description 12 B. Soils and Topography 13 C. Natural Hazards 13 D. Flora/Fauna 15 E. Historic/Cultural/Archaeological Resources 15 F. Valued Cultural Resources 16 G. Water and Coastal Resources 17 H. Noise, Air Quality, and Dust 17 I. Scenic and Visual Considerations 18 VI. SOCIAL AND RELATED CONSIDERATIONS 18 A. Surrounding Land Uses 18 B. Economic Impacts 19 C. Agricultural Impacts 19 VII. INFRASTRUCTURAL CONSIDERATIONS 19 A. Road 19 B. Water 20 C. Wastewater 21 D. Solid Waste 21 2 E. Other Government Services 21 F. Other Utilities 23 VIII. IMPACT SIGNIFICANCE ANALYSIS 23 A. Relationship Between Local Short -Term Uses of Environment and Maintenance and Enhancement of Long -Term Productivity 23 B. Irreversible and Irretrievable Commitment of Resources 23 C. Mitigative Measures 23 D. Alternatives to the Proposed Project 24 IX. REGULATORY ANALYSIS 25 A. General Plan LUPAG Map 25 B. General Plan Polices 25 C. Kona Community Development Plan 28 D. Zoning and Subdivision 28 E. State Land Use Agricultural Standards 28 F. Conformance to Urban District Standards 31 X. CONCLUSION 31 Figures 1. Location Map 5 2. Rezoning Exhibit Map 6 3. FIRM Map 14 4. Kalaoa Well Buffer Map 22 Exhibits A. Archaeological Inventory Survey B. SHPD AIS Acceptance Letter C. Archaeological Preservation Plan D. SHPD Preservation Plan Acceptance E. SHPD Verification of Preservation Plan Measures F. Settlement and Release Agreement 3 I. INTRODUCTION Timothy and Kay Ward ("applicants") are requesting the rezoning of a 3.992 -acre parcel of land in Kailua-Kona, Hawaii from Agriculture (A -5a) and A -1a) to Residential (RS -22). The property is located at 73-4350 Hawaii Belt Road, approximately 300 feet south of its intersection with Kaiminani Drive. Figure 1). If approved, the applicants intend to subdivide the 3.992 -acre parcel into six (6) lots, consisting of a minimum of 0.5 acres each. Similar State Land Use Boundary Amendment and Rezoning Applications have been approved for nearby parcels. Ordinance 00- 52 and 00- 53 pertaining to TMK (3) 7-3-005:098 approved a change of district classification from Agriculture to Urban and a change of zoning from A -5a to RS -15. As this project is very similar in nature, it would be logical to grant approval. II. PROJECT LOCATION As noted earlier, the subject property is located off Mamalahoa Highway, approximately 300 feet south of its intersection with Kaiminani Drive. Figure 1). Vehicular access to the property is from lhumoe Street. III. PROJECT DESCRIPTION A. Project Concept and Components The subject site consists of 3.992 acres and is currently vacant of any structures. The applicants wish to subdivide the subject property into six (6) lots. If approved, the proposed lots would consist of a minimum of 0.5 acres in size. As proposed, the subdivision would be served by a new private road. The two rear lots would be flag lots. (Figure 2). A 10 -foot existing "Easement P-1" for planting screen purposes with no vehicular access to the Hawaii Belt Road will be retained. It is understood that the subdivision plan submitted herein may have to be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. 4 I tl PGAP 07 CALA0: 44' J. - WMA / 22t, NORTH / CO/ VA, At4WA/ J bratri. tv fr. TSUBJECT CO CHANCE 2Obi! 3 105 L U PLACEof KA' IMINANI DRIVE Lot17 LorIe Lot15 Lot13 Jason M Pae Trust Owner) Lot12owner. eta. K0NA LarI waw SLon„oo PAL ISAD A - 5o ZONING LotA David A one r 6WMv UNIT I ( fll. Plan Lot8 Y. Ow." of bone.) 27670' Lot7 Hooroorrloo 00004 Dm 6%71 Lot6 Lax. Louone TrustnOwner) La5entesonow Lao lqr 41. end Lome S NewelsAmen) Lot3 Josef en0 IT OwrMrs) Lot2 Dreier of r ! S% a. LotI A - 5o ZONINGPortion Lot31-A 0. 001 ono Cross H. 0. 4o Trsof Owner) A- la ZONING KOIM ACRES SI. AKA9OV 3. 907 L I. CADODVT IR Aon 1560) I H U M O E STREET 16750' 620.5 27719' 12' 607 2495924. 1542 R• 2007 PROPOSED LOT 31-8-123,55S0. FT.) LESS PROPOSED SET7IE74ENT AREA NET AREA. 22, 294 S0. FL) Croat 2972 to Ko090u PROPOSED LOT 31-8-2 22, 009 SO. FT.) one LOT 3. 992 Komo PROPOSED LOT31-8-3 22, 008 SO. FT.) A - 5o TO PROPOSED 8040 LOT 12, 929 S0. FT.) 31- BACRESPROPOSED LOT 31-8-4 22. 390 SO. FT.) RS - 22 ZONING) rIEm PROPOSED LOT 37-8-5 J/ ( 35, 073 SO. FT.) SITE 19791 141. 84,110.- TASK, 64rod. Ne TALK.: ( 3)7-3-005:01e Sondra K. Ata)karel. A- 5o ZONING ffi PROPOSED LOT 31-8-6 27670' -- 7964 35. 837 SO. FT.) a0sMe = Smog •v-r• 16171717' 2665277015310.* 8. 4504 A- is ZONING Lot33 Nue, 0. one 1( 1, . em. aa. 01 X ,- KONA NOTES: 1. Azimuths and coordinates ore referred to Government Survey Triongulolion Station " MRWfMHEA". 2. Names of omen of adjoining parcels ore from available Too Mop records. 50 25 0 so To 00 SCALE 10 FEET 4719' 12" — 40236 A 0 A LOTSt PoOiale E. Mame Trust ACRES SUBDIVISION, UNIT L File Plan 1350) A- 1a ZONING Being a PortionAt Is/ and and Prpon For: TIMOTHY J. AND KAY L. WARD ( OWNERS) 0/ 0 Zendn Kam 2. 040 00rn P/ prwrq Consultant LLC 194 IK SUee 1070. 1lo. orz 96720 T ri INCREMENT Lot35Sonfor0 G Saab one Debra L Swab' 1 Owner) REZONING EXHIBIT MAP SHOWING LOT 31— B of Grant 2972 to Kaapau and Kama Kalaoa 5th, North Kona County of Hawaii, State of Hawaii K A L O A 1 mei. 3isra ill 4 labe rfal > WNW PARCIIH LLe KALA O A ST O O / Y) A 1-I sr I I VICINITY MAP SCALE: I INCH 600 FEET 117. 21 ft. South 8, 44720 Fl. weal 96. 50' 342 SeSi Prepared Dy A, WES THOMAS ASSOCIATES 75- 5749 Kola. Strove KaAa- Kea Road 96740- 1877 TR. 806)) 329- 2333 FAX ( 808) 329- UAVL la71173n wtu6e. 00000I LICENSEDPROFESSIONALLANDSURVEYORNo.43311K411. O$ 60$ TOMS 11, 0. 6075. 425008715 Lend Such TTa!, . 0, 0 . a pr. par. e arm or Under my 01, 001 Su0arri. ion, e I• 5toto I Hawaii Certifieot. Number LS - 4331 EKPirefion Oat.: April 2022 CHRYSL THOMAS YAYA$ AK Lie0nnp ovrorosrena Land r nor PROJECT NO.: • • • • 15158. 3 DATE? APRIL 8, 2020 FIELD BOOK NO.: • • TAX MAP KEY: • • • 7- 3- 005: 015 ( 3RD DIVISION) REVISED: OCTOBER 30, 2020 TECHNICAL CHANGES) Ode. 53. Figure 2 B. Proiect Timetable and Cost The applicants hope to secure County Rezoning and State Land Use Boundary Amendment approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, plans call for having the land subdivided by early -2021. The estimated cost of improvements for this project will be minimal based on the necessary improvements. A new access road approximately 400 feet in length with a right-of-way width of 25 feet and a minimum pavement width of 16 feet. Additionally, the subject parcel is served by the Department of Water Supply with sufficient capacity to serve the proposed subdivision. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is designated State Land Use Agriculture. This State Land Use Boundary Amendment Application is being submitted to change the SLU designation from Agriculture to Urban. Based on the size of the parcel no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. A discussion of the extent to which the proposed reclassification conforms to the applicable district standards is required for the State Land Use Boundary Amendment Application can be found in Section IX F of this report. B. County General Plan The County General Plan Land Use Pattern Allocation Guide LUPAG") map designates the subject site as Low Density Urban. This designation identifies land for residential use with ancillary community and public uses, and neighborhood and convenience -type commercial uses; overall residential density may be up to six units per acre. The proposed subdivision resulting in six (6) lots would be consistent with the Low Density Urban designation and no General Plan amendment would be required to effectuate this project. 7 C. Kona Community Development Plan The Kona Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision -makers. The KCDP designates the subject parcel as part of the Kona Urban Area. The proposed change of zone request is conducive to the following goals, objectives, and policies outlined in the KCDP as amended by Ordinance 19-091 effective September 18, 2019: Policy LU -1.2: Urban Area. The majority of future growth in Kona shall be directed to the Kona Urban Area shown on the Official Kona Land Use Map, which spans from the Kona International Airport to Keauhou subject to the policies set forth under Objective LU -2 Urban Area Growth Management. Policy LU -1.4: Consistency with Land Use Pattern Allocation Guide (LUPAG). The current LUPAG accommodates the vision and needs for the Kona CDP area planning horizon and should be amended only for compelling reasons. Any rezoning application shall be consistent with the LUPAG. Objective LU -2: Urban Area Growth Management. Recognizing that the LUPAG Urban Area is larger than needed in order to accommodate the projected growth within the planning horizon, future growth within the Urban Area shall be encouraged in a pattern of compact villages at densities that support public transit. Policy LU -2.8 Development Outside Transit -Oriented Developments (TODs), but within the Kona Urban Area. Development outside the TODs, but with the Kona UA, may occur as follows: 2. b. Conventional Rezoning. Rezoning to other than TND, is subject to the following guidelines: i. Consistency with LUPAG. Refer to Policy LU -1.3. it Infill. Rezonings that promote infill are encouraged. The concept of infill is to connect two or more pre-existing developments. Infill rezonings should be conditioned to ensure connectivity to the surrounding developments and, where applicable, to provide mixed-use opportunities to make the area more walkable. Greenfields" Rezoning. Rezoning anywhere within the Kona UA, whether within or outside a TOD area designated on Figure 4-7 Official Kona Land Use Map, 8 that is not a TOD, TND or infill shall require an amendment to the Kona CDP. c. State Land Use. Where a rezoning application meets the above criteria, the County shall support a State Land Use Urban Boundary amendment for lands within the County Urban Expansion Area. Objective HSG-: Build More Units. To build more units that offer a variety of housing types, tenures, and affordability. Policy TRAN-6.1: Official Concurrency Map. Concurrency requirements shall be determined by HCC SS 25-2-46 and be generally consistent with the Official Concurrency Map, and be informed by a TIAR when applicable. Note: while the Concurrency Map is "Official", the proposed road alignments that have not yet been built, are only conceptual as the topography, or possible environmental and cultural resource mitigation measures may require these alignments to be adjusted. The subject property is located within the Kona Urban Area and as it is surrounded by developed properties on all sides is a good candidate for infill. The property is located within concurrency Zone D, which may require concurrent construction of Kealaka'a Street (extending Holoholo Street to Hina Lani Street). If required, the applicants will participate in a cost sharing contribution to financing, D. County Zoning The County Zoning of the subject property is Agriculture (A -5a/ A -1a). The majority of the surrounding properties are zoned A-1 a, A -3a and A -5a. Nearby subdivisions along Kaiminani Drive have been rezoned to RS -10 and RS -15 or retain A -5a zoning while having non- conforming lot sizes of 10,000 to 15,000 square feet. If approved, the site would be subdivided in a manner generally meeting with both the Zoning and Subdivision Codes. Notwithstanding the subdivision requirements, all uses and standards consistent with the requested (RS -22) zone would be adhered to. E. Relationship to SMA Obiectives and Policies The site is located approximately 4.5 miles from the coastline and outside the County Special Management Area (SMA). 9 The entire island falls within the Coastal Zone Management (CZM) Area. Thus, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It sits approximately 4.5 miles from the shoreline at an elevation of approximately 1,500 to 1,600 feet. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The likelihood of this improvement having any impacts on the area's historic resources is not high as archaeological surveys have identified significant sites and preservation measures have been implemented. However, in the event any archaeological undocumented features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-HPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. The proposed action may eventually involve the construction of improvements (particularly dwelling units) in a residential / agricultural setting. Accordingly, there is a potential for minor visual impacts to the area's scenic and open space resources. However, the project would involve the construction of, at most, a single-family dwelling on each of the proposed lots. Further, as the area surrounding the site is largely residential and has a natural topography declining from mauka to makai, any structures on the site should not visually affect any scenic views of the adjacent properties or from Mamalahoa Highway. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located approximately 4.5 miles from the ocean at 1,500 to 1,600 -foot elevation. Notwithstanding the distance, the residential nature of the project and the potential construction of only six (6) private wastewater systems are such that any potential coastal ecosystem impacts should be negligible. The proposed action will result in creating the potential for five additional residential lots in this area. In so doing, the project could aid overall economic use of this site and the area in general. 10 Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned RS -22, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies, and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to the Special Management Area. F. Other Permitting Requirements There was a prior dispute regarding the access to the property with the neighbor to the west on TMK (3) 7-3-005:080. As a result, the parties consolidated and re -subdivided former lot 31 into lots 31-A and lot 31-B (subject property) such that lot 31-B would have access off a cul-de-sac on Ihumoe Street. A Settlement and Release Agreement was also entered which contains continuing obligations when the property is further subdivided (Exhibit F). Paragraph 2 of the Settlement Agreement requires that in the event that there is a further subdivision of the property, the owners of the subject property allow the Ikedas (or their successors) upon request, to review any plans or drawings submitted to the County. Additionally, in the event the subject property is subdivided, the common boundary of the subject property and Parcel 80 will be further adjusted such that the north corner of the common boundary will be 11 placed so that it intersects with the southeast corner of Lot 14 of the Kona Palisades subdivision, which will result in a reduction in the area of the subject property. Paragraph 4 of the Settlement Agreement also requires the erection of a wall, fence or low maintenance planting screen along the common boundary of the subject property and Parcel 80. As noted earlier, other permits would be required. Other permits would be of the "ministerial" variety, such as Subdivision Approval, Building Permits, etc. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is generally rectangular in shape and is accessed via Ihumoe Street, which is a County owned and maintained paved access road. There are currently no structures on the subject parcel. The site is situated at the 1,500 to 1,600 -foot elevation level. The property slopes roughly from east to west, with a gradual decline from the south to the north, with the highest point being at the southeastern end of the property. In spite of the gradual rise, there does not appear to be any topographic constraint in developing and utilizing the site for six (6) lots. There are homes on land ranging from 10,000 square feet to 1 acre within the subdivision leading to the subject site. The general area is primarily residential. The annual median rainfall for this area is approximately 42 inches. The average daily temperature ranges from a minimum of 62 degrees to 78 degrees Fahrenheit. Wind patterns are generally westerly during the day and easterly during the evenings. 12 B. Soils and Topography According to the Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating, the site appears to have a designation of "D" and "E" or poor and very poor. The soil for the subject site is of the Puuikaaka-Lava flows complex soils with 10 to 20 percent slopes. The soil consists of volcanic ash over pahoehoe lava flows. The soil is considered well drained with a very high runoff class and the erosion hazard is undefined. The soil on site is not considered prime farmland. According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the site is unclassified. As noted earlier, the topography of the site slopes in an east to west direction, with the lowest portion being at the southwest end. The slope of the land appears to be between 10 to 15 percent. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the project area as Zone X" (areas outside of the 500 -year flood) (Figure 3). There are no identified existing drainage ways on the site. The applicants have not observed any significant runoff or erosion in the recent past on the subject site. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 4, on a scale of ascending risks 9 to 1. All of Hualalai and the majority of the North Kona area falls in the Zone 4 category. The Building Code designates the entire Island of Hawaii Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. 13 BASEMAP: FIRM BASEMAP — ---_ Flood Hazard Assessment Report Property Information Notes: COUNTY: HAWAII TMK NO: (3) 7-3-005:015 WATERSHED: KEAHOLE PARCEL ADDRESS: KONA ACRESKAILUAKONA, HI 96740 Flood Hazard Information FIRM INDEX DATE: SEPTEMBER 29, 2017 LETTER OF MAP CHANGE(S): NONE FEMA FIRM PANEL: 1551660730F PANEL EFFECTIVE DATE: SEPTEMBER 29, 2017 THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO FOR MORE INFO, VISIT: http://www.scd.hawaii.gov/ THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO FOR MORE INFO, VISIT: http://dlnreng.hawaii.gov/dam/ 0 400 800 ft www.hawaiinfip.org Disclaimer: The Hawaii Deportment of Land and Natural Resources (DLNR) assumes no responsibility arising from the use, accuracy, completeness, and timeliness of any informotion contained in this report. Viewers/Users ore responsiblefor verifying the accuracyof the information and agree to indemnify the DLNR, its officers, and employ- eesfrom any liability which may arise from itsuse of its data or information. If this map has been identified as 'PRELIMINARY; please note that it is being provided for informational purposes and is not to be usedforflood insurance rating. Contact your countyfloodplain managerfor flood zone determina- tions to be used forcompliance with localfloodplain management regulations. FLOOD HAZARD ASSESSMENT TOOL LAYER LEGEND Note: legend does not correspond with NFHL) SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance flood (100 - year), also know as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. SFHAs include Zone A, AE, AH, AO, V, and VE. The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance purchase applies in these zones: Zone A: No BFE determined. Zone AE: BFE determined. Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding); BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. Zone V: Coastal flood zone with velocity hazard (wave action); no BFE determined. Zone VE: Coastal flood zone with velocity hazard (wave action); BFE determined. Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent 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 flood zone. No mandatory flood insurance purchase requirements apply, but coverage is available in participating communities. Zone XS (X shaded): Areas of 0.2% annual chance flood; areas of 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. Zone X: Areas determined to be outside the 0.2% annual chance floodplain. OTHER FLOOD AREAS Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance purchase apply, but coverage is available in participating commu- nities. Figure 3 3. Tsunami Hazard As the site is located 4.5 miles from the coast and sits at 1,500 to 1,600 -foot elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. Further, the suburban nature of the surrounding areas would make it less likely to find endangered animal life in this area. It would be possible to find the Island -wide ranging Hawaiian Hawk ('lo), Hawaiian Owl (Pueo), Hawaiian Goose (Nene), and the Hawaiian Hoary Bat on site, however this is not their main habitat. Potential impacts could be mitigated, if required, by timing of vegetation clearing to accommodate nesting and breeding cycles of these wide-ranging native and endangered species. The vegetation at the proposed subdivision is primarily non-native and weedy in nature, consisting mainly of strawberry guava (Psidium cattleyanum), silver oak (Grevillea robusta), jacaranda (Jacaranda mimosifolia), Christmas berry (Schinus terebinthifolia), kukui (Aleurites moluccanus), ti (Cordyline fruticosa), and various grasses and vines. A few scattered ohia (Metrosideros polymorpha) trees are also found on the property. The site vegetation represents a highly altered and degraded secondary growth with few remaining natives. In addition, 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, pigs and mongoose are also common. These are all common and not endangered. As such, it is unlikely that the development of the subject property would cause any adverse floral or faunal impacts. E. Historic/Cultural/Archaeological Resources In February 2013 a complaint was filed for the grubbing of the property without permits. The Complaint alleged that there was a possible 15 disturbance of archaeological sites on the property. An enforcement action ensued before the State Historic Preservation Division of the State of Hawaii, Division of Land and Natural Resources, and it was determined that a number of archaeological sites within the property had been disturbed. An AIS was subsequently completed (Exhibit A) which identified seven (7) sites with 36 total features. In a letter dated January 25, 2016 SHPD accepted the AIS Exhibit B). SHPD also accepted the recommendations in the AIS, which included data recovery for Site 29789 and 29794. A Preservation Plan was prepared for significant sites in lieu of performing data recovery (Exhibit C). The Preservation Plan was accepted by SHPD in a letter dated October 26, 2016 (Exhibit D). In a letter dated April 19, 2017 SHPD verified the completion of temporary preservation measures (Exhibit E). The previous property owner agreed to preserve Sites 29789 and site 29794 within a proposed 0.12 -acre archaeological preserve within Lot 5 of the planned subdivision of the Property. Other requirements of the preservation plan include an interim buffer of 20 feet marked by bright orange construction safety fence, to be erected prior to the commencement of any ground altering activity. The preservation plan also requires a 10 -foot permanent preservation buffer to be recorded as a restrictive covenant in the property deed. To our knowledge this has not yet happened but could be made a condition of rezoning. The existing completed AIS and preservation of significant historic sites on the property prior to additional clearing makes adverse impacts to historic, cultural, and archaeological resources highly unlikely, however, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease and the applicants will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion on the cultural, historical and natural resources, as well as the associated tradition and customary practices of this site. 16 In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicants have not observed any Native Hawaiians gathering plants on the site or the adjoining properties. Thus, it would appear unlikely that the site would serve such purpose today. In the event that legitimate gathering claims are made by Native Hawaiians, the applicants intend to respect and honor such claims and provide the legal and needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located approximately 4.5 miles from the coastline and sits at approximately 1,500 to 1,600 -foot elevation. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non -coastal property, no coastal access will be affected. Any new construction will be served by Individual Wastewater Systems meeting with the approval of the State Department of Health. Increased impervious areas from driveways and structures will potentially contribute to a modest increase of runoff from the subject property. County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. H. Noise, Air Quality, and Dust A new private roadway extending from Ihumoe Street will provide access to all of the proposed lots. The existing ambient traffic level in this area should not be significantly impacted with the addition of five more lots. Traffic noise from Mamalahoa Highway adjacent to the property will remain the dominant source of traffic noise. As such, the corresponding noise level should remain the same. 17 There may, however, be short-term noise and air quality impacts associated with the construction of the limited subdivision infrastructure. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct long-term air quality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant. Especially considering higher EPA standards for automobile air emissions, the air quality impact should be negligible. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site, nor will the proposed rezoning and subdivision action affect any of the scenic resources outlined in the General Plan. Views from Mamalahoa Highway should not significantly change as a 10 -foot vegetative screen easement is to be retained along the highway. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally suburban in nature with single- family dwellings and small-scale farms. Neighboring parcels directly to the north are approximately 10,000 square feet and to the south and west are roughly one acre. There are a few larger lots to the south ranging from approximately five acres to roughly 30 acres. Given the existing and zoned conditions, the proposed rezoning and the six (6) lot subdivision would not be incongruous with the existing suburban nature of this area. Further, there are several rezonings in the nearby area from A -5a to RS -20 and RS -15 pursuant to Ordinance No. 1999-008 on August 12, 1999, Ordinance No. 2000-053 on May 17, 2000, and Ordinance No. 2002-062 on May 10, 2002. 18 B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make five (5) additional fee simple lots available. These additional lots will create an increased property tax base for the County of Hawaii. The project will eventually create some short-term economic benefits during construction of the proposed subdivision and single-family dwellings. This will create construction jobs, purchases from local suppliers, and due to the size of the project, the new lots will generate a modest increase in the demand for services such as landscaping and maintenance. As noted earlier, the proposed action will provide additional opportunities for housing. In doing so, the project could aid the general economy and the overall economic use of the site and the surrounding area: gas stations, convenience stores, area businesses, etc. C. Agricultural Impacts The site has a LUPAG designation of Low Density Urban and has not had any recent agricultural activities. The soil quality and topography of the subject parcel makes it unsuited to most intensive commercial agriculture. As previously stated, a State Land Use Boundary Amendment Application is being submitted concurrently with this application to allow an Urban land use designation. Given the nearby land use combined with the difficulty of the parcel for intensive agriculture, a residential zoning would be consistent with the sought land use designation and other zonings in the adjacent area. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from Ihumoe Street, which connects to Kaiminani Drive via Mill Street approximately 0.25 miles from its intersection with Mamalahoa Highway. Ihumoe Street is a County owned and maintained roadway with a right-of-way of 50 feet and pavement width of approximately 20 feet. The six (6) proposed lots would be served by a private road planned to conform to Department of Public Works Standard Detail R-39 non-dedicable private dead end street with at least 20 -foot right-of-way and minimum pavement width of 16 feet. 19 A Traffic Impact Analysis has not been performed for the planned subdivision. For the number of proposed residential lots, much less than 50 peak hour vehicular trips are anticipated. As shown on the Rezoning Exhibit map (Figure 2) the portion of the property abutting the Hawaii Belt Road is encumbered by a 10 -foot wide planting screen easement (Easement P-1), and no access onto the Hawaii Belt Road is allowed. There was a prior dispute regarding the access to the subject property with the neighbor to the west on TMK (3) 7- 3-005:080. As a result, the parties consolidated and re -subdivided former lot 31 into lots 31-A and lot 31-B (subject property) such that lot 31-B would have access off a cul-de-sac on Ihumoe Street. A Settlement and Release Agreement was also entered which contains continuing obligations when the property is further subdivided (Exhibit F). Paragraph 2 of the Settlement Agreement requires that in the event that there is a further subdivision of the property, the owners of the subject property allow the Ikedas (or their successors) upon request, to review any plans or drawings submitted to the County. Additionally, in the event the subject property is subdivided, the common boundary of the subject property and Parcel 80 will be further adjusted such that the north corner of the common boundary will be placed so that it intersects with the southeast corner of Lot 14 of the Kona Palisades subdivision, which will result in a reduction in the area of the subject property. Paragraph 4 of the Settlement Agreement also requires the erection of a wall, fence or low maintenance planting screen along the common boundary of the subject property and Parcel 80. B. Water Consultation with The Department of Water Supply has confirmed the availability of water for the proposed rezoning and subdivision into six 6) lots. In a letter dated March 1, 2019 the Department of Water Supply stated that: "the water availability in the area of the subject parcels is limited to six (6) additional units of water, or six (6) 5/8 -inch meters, per pre-existing lot of record, with a change of zone. A pre- existing lot of record is considered a lot that existed prior to the implementation of the Subdivision Code in 1967..."(Exhibit G) 20 Further consultation with the Department of Water Supply indicated that the seven total units are available to the property (1 existing + 6 additional) and the 8" line in Easement E could be used to service the property. DWS also indicated that if the property was rezoned and subdivided, a fire hydrant would need to be installed. DWS suggested that meters could be placed within an internal road lot when water infrastructure is built to DWS standards within the property. While water availability would permit up to 7 lots with the proposed RS -22 zoning the archaeological preserve areas make the layout of 7 lots technically difficult. C. Wastewater There is no County wastewater system in this area. As noted earlier, any new construction will be served by Individual Wastewater Systems meeting the approval of the Department of Health. The DWS operates a potable water well on TMK (3) 7- 3-004: 017 Kalaoa Well) which is located northeast of the property boundary. Department of Health regulations do not allow septic systems within a 1,000 -foot radius of a water system. The DWS indicates that the northeast corner of the property is located within the 1,000 -foot radius. No septic systems will be sited in that area (Figure 4). D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested RS -22 zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this property is a part of the Kailua-Kona urban area, no extension of government services would be required. There is a Fire Station, Police Station, Public School, Library and a gas station all located within 3 to 5 miles of the subject site. In addition, there are recreation facilities in the general area as well. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. 21 Kalaoa Well 1,000 ft IWS Buffer Legend L Subject Parcel Kalaoa Well Buffer 180 360 Kalaoa Well hawtmk 720 1,080 1,440 Figure 4 F. Other Utilities All other utilities such as telephone and electrical services can be made available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short -Term Uses of Environment and Maintenance and Enhancement of Long -Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue in its unused condition. The applicants would not have an opportunity to create additional lots, increasing the housing stock in Kona which is in demand. From a long-term productivity standpoint, the proposed additional five 5) lots could provide a heightened level of possibility in having the land used for more valuable and productive purposes. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. The soil on the parcel has classifications of "D" & "E" or poor and very poor by the Land Study Bureau. The potential for viable commercial agricultural use of the property is limited by the size and shape of the parcel along with the poor -quality soils. An AIS has been conducted and approved by SHPD and preservation actions for archaeological sites have been implemented, however an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity if needed. C. Mitigative Measures The applicants intend to make improvements, if required, generally consistent with the subdivision process. Also, if there is any construction activity, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as 23 is required by the State and County) and clearance will be secured before work is resumed. There is no existing drainage way on the property. Any and all required grading or grubbing work would be done in conjunction with the required permits. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site could continue in its idle state. The applicants would also not be able to reasonably develop the property to its highest and best use. 2. Alternative Density Under this alternative, the applicants could seek a more dense zoning, such as RS -15 or possibly RS -10 zoning. These zoning categories would arguably be consistent with some of the surrounding zonings. There are practical difficulties of water supply and subdivision layout that make this alternative less desirable. The applicants could also seek FA -la zoning, allowing for two 2) additional lots. Wth only two (2) additional lots, subdivision infrastructure costs would be higher for each additional lot. One -acre lots may be more in keeping with the existing one - acre properties along Ihumoe St, however this lower density option would be contrary to the KCDP objective concentrating growth into compact villages and limiting the growth of sprawling estate properties. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the 24 project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RS -22 alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long- range comprehensive development of the Island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Low Density Urban. This designation allows the requested RS -22 zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide economic opportunities, from increased employment options and through the construction of any improvements required for the subdivision. The addition of single- family residences on the resulting lots will increase the real property values. In doing so, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater would be handled by Individual Wastewater Systems approved by the Department of Health. This, combined with the remoteness of the 25 property to the coast, should be sufficient to address any potential groundwater or coastal water impacts. If required, while not necessary for a project of this nature and size, a solid waste management plan could be prepared and implemented. The project will also be minimal in noise, except what may be associated with the general residential use. Any noise -generating facility, such as air conditioners, would be carefully placed to minimize their noise impacts to adjoining properties. The project site is outside the boundaries of a flood way. Nonetheless, if required, a drainage system will be designed and constructed especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. Archaeological surveys have identified historic sites on the subject property, and they are being preserved following an approved preservation plan. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian Hawk ('/o) and Hawaiian short -eared owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. The proposed RS -22 zoning will help fulfil the objectives of the housing element by creating five (5) more lots, including the potential for single-family residential development. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project — with the protective conditions — will be used in a manner where it blends with the existing terrain. As the project site is approximately 4.5 miles from the ocean and has an elevation of 1,600 +/- feet, the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Further, through the use of DOH approved Individual Wastewater Systems, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. Wastewater will be handled by Individual Wastewater Systems approved by the Department of Health, and the Department of Water Supply water line 26 exists to the site. Vehicular access to the site is fully improved to County dedicable standards and the site is accessible by emergency vehicles. The proposed new parcels will be served by a new private road. Schools and other public facilities are also located proximate to the site, most of them being less than 5 miles away. Finally, in terms of the Land Use and Housing elements, the pertinent goals, policies, and standards of the General Plan note the following: Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. (Land Use Element) Encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. Housing Element) Aid and encourage the development of a wide variety of housing to achieve a diversity of socio-economic housing mix. (Housing Element) Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, 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 environment. (Land Use Element) Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Discussion In view of the foregoing goals and policies, it is noted that the requested zoning would be generally compatible with the surrounding area. There are many RS -10 and RS -15 zoned lots nearby the subject site. As Kona and its surrounding area continues to grow, there will be a need for more residentially zoned lands. This request also reflects this 27 demand. The subject project, 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 an 8 -inch water line already exists at the site, police and fire protective services are available nearby, and all other utilities are available to the site. As such, this development should not require additional public services to be provided. The soil of the site is classified as "D" and "E" or poor and very poor by the Land Study Bureau and not conducive to commercial agriculture. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. The prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Likewise, surface and subsurface archaeological remains do not appear to be likely on this site. C. Kona Community Development Plan The Kona Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision -makers. The subject property is located within the Kona Urban area and as it is surrounded by developed properties on all sides is a good candidate for infill. D. Zoning and Subdivision The designated zoning of the site is A -5a and A -la. Should the RS -22 zoning be approved, the requirements of the zoning and subdivision codes would generally be complied with, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. E. State Land Use Agricultural Standards The State Land Use Designation is Agricultural, however the State Land use Boundary Amendment Application submitted herein requests a State Land Use Designation of Urban. The requested rezoning to RS -22 should not be contrary to the State Land Use Agricultural Standards. 28 F. Conformance to Urban District Standards The proposed State Land Use Boundary Amendment conforms to Hawai'i Revised Statutes Chapter 15-15 Section 18 as amended October 11, 2013 in the following ways: Urban lands shall include lands characterized by "city -like' concentrations of people, structures, streets, urban level of services and other related land uses; Evaluation of district conformance shall take into consideration the following specific factors: Proximity to centers of trading and employment except where the development would generate new centers of trading and employment. The subject property is part of the Kona Urban Area as defined in the Kona Community Development Plan. Nearby Kailua- Kona commercial and industrial zones are major centers for trading and employment in the District. Further, The Ellison Onizuka Kona International Airport, and major resort areas are nearby the subject parcel. Availability of basic services such as schools, parks, wastewater systems, solid waste disposal, drainage, water transportation systems, public utilities, and police and fire protection; and sufficient reserve areas for foreseeable urban growth. As this property is a part of the Kailua-Kona urban area, no extension of government services would be required. There is a Fire Station, Police Station, Public School, Library and a gas station all located within 3 to 5 miles of the subject site. In addition, there are recreation facilities in the general area as well. County water service is available to the site and wastewater generated by future single-family residences will be served by Individual Wastewater Systems designed by licensed civil engineers licensed in the State of Hawai'i. Further, significant future urban development is planned for the Kona Urban Area as detailed in the Kona CDP. It shall include lands with satisfactory topography, drainage, and reasonably free from the danger of any flood, tsunami, 29 unstable soil condition, and other adverse environmental effects. There are no serious topographic conditions making the property unsuitable to urban development. The near complete subdivision and development of surrounding lands attests to the suitability of the land for residential use. Land contiguous with existing urban areas shall be given more consideration than non-contiguous land, particularly when indicated for future urban use on state or county general plans or county community plans or development plans. The County of Hawaii General Plan Land Use Pattern Allocation Guide map (LUPAG) defines the subject parcel as Low -Density Urban. The Kona Community Development Plan includes the subject parcel within the Kona Urban Area. It may include lands which do not conform to the standards in paragraphs (1) to (5): When surrounded by or adjacent to existing urban development; and only when those lands represent a minor portion of this district. Though the subject parcel substantially conforms to the criteria listed above, the subject parcel is also adjacent to existing urban (residential) development and would represent a minor portion of this district. It shall not include lands, the urbanization of which will contribute toward scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services. The subject parcel is proximate to the urban center of Kailua- Kona and will not contribute to scattered spot urban development. The proposed project clearly would be considered infill. It may include lands with a general slope of twenty percent or more if the commission finds that those lands are desirable and suitable for urban purposes and that the design and construction controls, as adopted by any federal, state, or county agency, are adequate to protect the public health, 30 welfare and safety, and the public's interests in the aesthetic quality of the landscape. This criterion does not apply as the subject property has generally 10 to 15% slope. X. CONCLUSION Based on the consistency of the proposed change of zone request with the County's land use policies, approval of this request would be logical and reasonable. In addition, the request will help fulfil the need for additional housing options and help generate additional property tax revenue for the County during a time of an impending budget crisis. Lastly, the requested density is consistent with the surrounding area and properties. The alternative of leaving the land in Agricultural zoning would not be a reasonable option and would greatly limit its potential use. While other zonings of a residential and/or agricultural nature could be achieved, the requested RS -22 zoning is the most sensible. 31 Report 928-011216 FINAL ARCHAEOLOGICAL INVENTORY SURVEY TMK: (3) 7-3-005:015 KALAOA 5 AHUPUA'A NORTH KONA DISTRICT ISLAND OF HAWAII Haun & Associates Archaeological, Cultural, and Historical Resources Management Services 73-1168 Kahuna A'o Road, Kailua-Kona 1-1196740 Phone: (808) 325-2402 Fax: (808) 325-1520 EXHIBIT A 1 Haun & Associates Project 928 TMK: (3) 7-3-005:015 Report 928-011216 FINAL ARCHAEOLOGICAL INVENTORY SURVEY TMK: (3) 7-3-005:015 KALAOA 5 AHUPUA'A, NORTH KONA DISTRICT ISLAND OF HAWAII By: Alan E. Haun, Ph.D. and Dave Henry, B.S. Prepared for: Richard Stewart 78-7178a Puu Loa Road Kailua-Kona, Hawai'i 96740 June 2013 Revised January 2016) I Haun & Associates Archaeological, Cultural, and Historical Resources Management Services 73-1168 Kahuna A'o Road, Kailua-Kona HI 96740 Phone: (808) 325-2402 Fax: (808) 325-1520 Haun & Associates Project 928 TMK: 13) 7-3-005:015 SUMMARY Haun & Associates conducted an archaeological inventory survey of the 3.992 -acre TMK: 13) 7-3-005:015 located in Kalaoa 5 Ahupua'a, North Kona District, Island of Hawaii. The objective of the survey was to comply with historic preservation regulatory review requirements of the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD). The survey identified seven sites with 36 features. These sites consist of four single feature sites and three complexes with from two to 28 features. The identified features consists of 24 mounds, 4 kua'iwi, 3 enclosures, 3 walls, 1 lava tube and 1 terrace. Feature function consists of agriculture (29), livestock control (5), a habitation/ activity area (1), and temporary habitation (1). All seven sites are assessed as significant for their information content. The mapping, written descriptions and photography at five of the seven sites adequately document them and no further work or preservation is recommended. The two remaining sites (Site 29789 lava tube and Site 29784 terrace) retain the potential to yield information important for understanding prehistoric and early historic land use. Data recovery is recommended for these two sites. The data recovery work would be guided by a data recovery plan prepared for DLNR-SHPD review and acceptance. Haun & Associates Report No. 928-0111161 ii Haun & Associates Project 928 TMK: (3) 7-3-005:015 Table of Contents Introduction 1 Scope of Work 1 Project Area Description 1 Methods 5 Archaeological and Historical Background 7 Historical Documentary Research 7 Previous Archaeological Research 16 Consultation 19 Project Expectations 19 Findings 20 Conclusion 36 Discussion 36 Significance Assessments 36 Treatment Recommendations 38 Translation of Hawaiian Words 39 References 39 FIGURES Figure 1. Portion of Kailua 1998 USGS 7.5' Quadrangle showing project area 2 Figure 2. Tax Map Key 7-3-05 showing project area 3 Figure 3. 2009 aerial view of project area 4 Figure 4. Recently cleared area 6 Figure 5. Forested area 6 Figure 6. Ahupua'a boundaries and Land Commission Awards 8 Figure 7. 1894 map of Homestead Lot 47 showing Lot 46 and Alanui Kauhini 11 Figure 8. Portion of Emerson's late 1880's Hawaii Territory Survey Map — Register Map 1280 13 Figure 9. Wall's 1906 Hawaii Territory Survey, Kalaoa School Lots — Register Map 2349 14 Figure 10. Portion of 1924 USGS Kalaoa Quadrangle 15 Figure 11. Previous archaeological work 17 Figure 12. Site location map 21 Figure 13, Site 29789 plan map and photograph 22 Figure 14. Site 29790 plan map and photograph 24 Figure 15. Site 29791 plan map and photograph 25 Figure 16. Site 29792 plan map and photograph 27 Figure 17. Site 29793 plan map 28 Haun & Associates Report No. 928-0111161 iii Haun & Associates Project 928 TMK: (3) 7- 3-005:015 FIGURES (cont.) Figure 18. Site 29793, Feature A enclosure 29 Figure 19. Site 29793, Feature B enclosure 29 Figure 20. Site 29794 plan map, photograph and profile of TU -3 31 Figure 21. Site 29795, Feature L and M mounds 32 Figure 22. Site 29795, Feature 5 mound 32 Figure 23. Site 29795, Feature C kua'iwi 34 Figure 24. Site 29795, Feature V kua'iwi 34 Figure 25. Profile and photograph of TU -1 35 Figure 26. Profile and photograph of TU -2 35 Figure 27. Site location map showing possible extend of former kua'iwi within parcel 37 TABLES Table 1. Land Commission Awards in Kalaoa Ahupua'a 10 Table 2. Previous archaeological work 18 Table 3. Summary of identified sites 20 Table 4. Site 29795 agricultural features 33 Haun & Associates Report No. 928-0111161 iv Haun & Associates Project 928 TMK: 13) 7- 3-005:015 INTRODUCTION At the request of the landowner (Richard Stewart), Haun & Associates conducted an archaeological inventory Survey (AIS) of the 3.992 -acre TMK: (3) 7-3-005: 015 located in Kalaoa 5 Ahupua'a, North Kona District, Island of Hawaii (Figure 1 and Figure 2). The objective of the project is to comply with historic preservation regulatory review requirements of the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD), Hawaii Administrative Rules, Title 13, DLNR, Subtitle 13, State Historic Preservation Rules, Chapters 276 and 284 (DLNR 2003). The planned development of the subject parcel consists of the construction of a six lot agricultural subdivision. Haun & Associates conducted the survey fieldwork on March 13-22, 2013, under the direction of Dr. Alan Haun. The field work portion of the project required 9 person days to complete. This report presents the project scope of work, field methods, background information, survey findings, and site significance assessments with treatment recommendations. 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 icinity— including examination of Land Commission Awards, ohupuaa records, historic maps, archival materials, archaeological reports, and other historical sources; 2. Conduct 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 3.992 -acre parcel located in Kalaoa 5 Ahupua'a between approximately 1,510 ft and 1,640 ft elevation. The project area is bordered by the Hawai'l Belt Road to the east, by the backyards of existing houses to the north and west and by Ihumoe Street and by the backyard of a house to the south. The terrain within the project area slopes slightly to moderately to the west. Figure 3 is an aerial view of the project area, taken in November 2009. Haun & Associates Report No. 928-01111611 Haun & Associates Report No. 928-011116; 2 A Map location KEALAKE? IUA P OA Figure 1. Portion of Kailua 1998 USGS 7. 5' quadrangle showing project area Haun & Associates Project 928 SLO:S00-E-LfJJ Haun & Associates Report No. 928-01111613 L ri - 4. r T _ 1Iti:: ' r>;, 7i..:—._.. d.----"-""----''— s- P=. 0.m. ci / r, ei 0. oho V : 5- • ..... 06... J - II I ' '' ` i- ~ / ' a '....., i..- t-, _ of 1 _ - _— SRA, - p.=' C w : 2 s7. k' or 7.^. e _ lam= .. z. T - I lou" - 2------ r I1, Al ar 4' 1 l•- ,' - _{ (,',*" ' gyp• _' t t I 16 1 rj{ - lij I+_ I. ' 1 i 1'l 1At1 t' 1 yam` ^ r. F• 1.. If 1tR` , 1 11..J - .-- , 4 1l s_ _ I / - t• - h.- as. c__ __ :+ r a 1_ t. t A I •.-, -- Project area ` TA Via =".' ..- L"" w 3 ...., 50 w L' n ...•. i • ' 2 ia r s' rr .,. Kwi 4r,. . '^ • t_ 9Fz• . r rY y r .. rr AY.. ,•." Imo` I i • ',.., yr r.• . :-.. Y .! 1 - a- fair yR,..... 2t- Lc--'...e.,- 7...,`,.' rti• t Y ' vIt _ ••).' T't+ W i ..... f. v. Y T . L_.+ r„_—. h.. f, T2' g., l.'. rN. i8til •, rr.- 11; x` I A y..., 7÷ 7111 soldip C rt «' i7 - s ... w•., . 1111, x: 71 a? a 4- - IJIG 4 4 /= NQP7W KCNA, l/: Q N4//. Figure 2. Tax Map Key 7- 3- 05 showing project area 14 3UIJECI TO CHANCE Haun & Associates Project 928 TMK: (3) 7-3-005:015 Haun & Associates Report No. 928-011116 4 figure 3. 2009aerialviewofprojectarea (fromGoo_ leEarth, Ha un & Associates Project 928 TM K: (3) 7-3-005:015 Large portions of the project area were recently cleared (see Figure 12 in Findings section). According to the landowner, the clearing was done to reduce the wildfire hazard for the surrounding residences and to discourage unauthorized use of the property. The clearing was done using a chipping device attached to a tracked excavator that shredded the forest vegetation, leaving behind a mat of woody debris (Figure 4). This cleared area comprises 2.834 acres or 71% of the project area. A low mound of machine -piled boulders created during the recent clearing is located in the southwestern portion of the parcel. An area of prior disturbance is located along the southern project area boundary in the inland portion of the parcel (0.079 -acres or 2%). This area appears to have been cleared by a bulldozer, likely associated with construction activity on an adjacent parcel (see Figure 12). The remaining 1.077 acres (27%) are forested primarily with secondary growth vegetation indicating that it was potentially cleared in the past. This vegetation consists of strawberry guava (Psidium cattleionum), silver oak (Grevillea robusta), jacaranda Jacaranda acutifolia), Christmas berry (Schinus terebinthifolius), kukui (Aleurites moluccona), o'hio trees Metrosideros polymorpho), ti (Cordyline fruticosa) plants and grasses and vines. A portion of the forested area is depicted in Figure 5. The property terrain slopes slightly to moderately to the west. According to Sato et al. (1973:48), the soil type is Punaluu Extremely Rocky Peat (rPYD) on 6-20% slopes. This soil is characterized by a 4 inch thick surface layer of black peat overlying pahoehoe lava with exposed outcrops occupying 40 to 50% of the ground surface. The soil has a rapid permeability, a slow runoff potential and a slight erosional hazard and is classified as suitable for pasture. The underlying lava was deposited from Hualalai Volcano between 3,000 to 5,000 years ago (Wolfe and Morris 2001). Methods The project area was subjected to a 100% surface pedestrian survey with surveyors spaced at 10 meter intervals. Ground surface visibility throughout the parcel was good. The identified sites were subjected to detailed recording consisting of mapping, preparing standardized site and feature forms, and photographic documentation. Archaeological features were flagged with pink and blue flagging tape and their locations georeferenced with the assistance of a Garmin Global Positioning System (GPS) Model 60 -series device using the World Geodetic Survey (WGS) 1984 datum. The accuracy of the GPS device for a single point is +/- 3- 5 meters. This accuracy is increased to approximately 2-3 meters by recording multiple georeference points, including property corners and overlying the plotted points on a scaled map using AutoCAD software. Sites were 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. Exceptions to this definition are a complex of dispersed features that are likely of similar age and share a common function. This site is a complex of prehistoric agricultural features (Site 29795) that are elements of the Kona Field System (Site 6601). These features are part of a much larger site complex that extends north to Ka'u Ahupua'a, south to Honaunau and from the coastline to the forested slopes of Hualalai. Subsurface testing consisted of excavating three test units. One test unit was excavated in a prehistoric habitation/ activity area terrace (TU -3 — Site 29794), one was situated in the forested portion of the parcel in the southeastern portion (TU -2), and one was located in the recently cleared area in the inland portion (TU -1). The test units were excavated in arbitrary levels within stratigraphic layers and were terminated on bedrock. Standardized excavation records were prepared after the completion of each stratigraphic layer. The fill removed during excavation was screened through 'G" mesh. Following the excavations, a section drawing depicting the stratigraphy was prepared, post -excavation photographs were taken, and the units were backfilled. Recovered cultural remains were transported to Haun & Associates' office for analysis. Haun & Associates Report No. 928-01111615 Haun & Associates Project 928 TMK: (3) 7-3•005: 015 of , 404- • , , .. e•• • 1 1,4.- I' i i . 1 - i ,:-..i ...\ ,.. ,_._ k,. 1- ,.., ,. -, •,,,•-- 4- ., t,' • i ;•i i -..,e4..‘ s,-•....:40. ..7-,k.-. t_lo _ , ,,... . -...---- 4.. -- 1.(N.. v. 's ' ' ;."'•:..-t .+ .., 1 . tr.' r ,,% ;.,,,-. • 4 " - ' •-, lit 1' 1 , . i,.. I, . • ........ - ' I . ' - . r' lc , ' , 'Z. „, i '.':.:4. . , .. • : Pq N. ''''.11',.• / •7*.1. I 'itd.' Figure 4. Recently cleared area, view to northeast 4.1k1N."11e7‘. kip • • 141 At' • • !. 4 • • .%). PO •• Figure 5. Forested area, view to southwest Haun & Associates Report No. 928-011116 6 Haun & Associates Project 928 TMK: (3) 7-3-005:015 BACKGROUND Historical Documentary Research Kalaoa is literally translated as "the choker (as a stick for catching eels)" (Pukui et al. 1976:75). Coastal Kalaoa lies within the lava -covered land north of Kailua called Kekaha, which "describes a dry, sun -baked land" ( Kelly 1971:2). Kalaoa is divided into Kalaoa 1-5 from north to south, bordered by Hamanamana Ahupua'a to the north and by O'oma 1 to the south (Figure 6). The Kalaoa's extend from the shoreline surrounding Keahole Point inland to approximately 2,200 ft elevation, terminating at the Honuaula State Forest Reserve. There is little mention of Kalaoa in Hawaiian legendary and traditional history. Henry et al. (1993) summarize the limited references. Kalaoa is mentioned in legends of two mythical brothers, Ka-Miki and Maka-'iole. The legends were published by Hawaiian historians J.W.H.I. Kihe and John Wise between 1914 and 1917 in the Hawaiian -language newspaper Ka Hoku o Hawaii and translated by Kepa Maly. According to Henry et al.: The great fishpond call Pa'aiea extended from Ka'elehuluhulu near Mahai'ula to Wawaloli [at Puhili Point] on the border of 'O'oma, the pond was nearly three miles long and a half a mile wide. The guardian's compounds were situated at Ka'elehuluhulu and Ho'ona [ at Kalaoa]. It was at these places that the pond guardians and konohiki dwelt. At these sites were also the supply houses of the chief... (1993: 21) Kaluaolapa was the priest of Kamahoe, which is also called Na Kalaoa-wai-' ole (the waterless Kalaoa lands) and Hale'ohi'u. The chief of Kalaoa was Kahouhale, his wife was Malumaluiki, and their son was named Kahokukahi. Following the dedication of Ka-Miki's compound at Ka'aipua'a (at Konhana-iki), Kahokukahi was a competitor at 'Iwa'awa'a, the contest site of Pohaku-o- Kane, in the lands of Kohana-iki. During the contests, all competitors surrendered before Ka-Miki's superior skills. When Ka-Miki and his brother were traveling through Hilo, they met with and competed against the chiefess-riddler Kalaoa, and the lands of Kalaoa, in Hilo and Kona, were named for her... (1993:25) Kapukalua, the brother of Kapaihilani, and uncle of Ka-Miki ma, was an expert fisherman and a priest in the Kohanaiki-O'oma area; his canoes were embraced in the sea -mist of the ocean god Apoula. Because of his skills and status, Kapukalua secured Kauhionohua, the beautiful fair -skinned chiefess of O'oma, as his wife. The priest, Puhili, served under Pohaku-o-Kane, father of Ka-Miki and Maka-iole, and officiated over certain rituals of Kohanaiki and O'oma. The lands between Kohanaiki and O'oma, where the priest dwelt, now bear his name (1993: 27- 28). Ellis (1963:31) reported the observations of the Reverends Thurston and Bishop during a walk along the coast north from Kailua in 1823. They described houses along the coast built on lava and small gardens in the lava where sweet potatoes, watermelon, and tobacco were grown. In the 1840s, a political act of the Hawaiian Kingdom government would forever change the land tenure system in Hawaii and have far-reaching effects on its people. The historic land transformation process was an evolution of concepts brought about by fear, growing concerns of takeovers, and western influence regarding land possession. King Kamehameha III, in his mid -thirties, was persuaded by his Haun & Associates Report No. 928-011116 7 Haun & Associates Report No. 928-01.1116r 8 1 -- --- Queen-.. Kaahumanu ; Highway e obi.- t t.p.".'' aa„ •,, fii(a/ 1 ,- 1 t, aro-,- f-ii- iif , riI 0, ri - t ,- --,/ ii Afe-,,r,,,a uia 3 '--(' Keahole I; 1P, ) ii •-••,-'.... ..,• -." ........ TO ',.."-- Airport 1; i . LI f; , - C -`• --..)__ \ ' Point s• Kea hole, NI fit— j? ii1 1 1, il N I 11 i I 44i e. n 1. N I ' I, \ eiis 4, i 7'..- 4.,..'• ) f \ 1: Kalaoa1- 4....-' . 1,1 - i( r-- jf (- 1 / L. "::-----+. 1"- T :- ; - 7 -- H--- 3: 1-: 1\ 71-4 - ) 1 L 1 - 7-- ,._ j- -....... r. 1 1, : ! . s- e- 17: 1- — 7,... i — 2*--: j / , , c. J. ) 7,_ L:, M, a...„.7:: lah\ tioa_ ti, ,: I , I-- - 4•:.- 11 ' J , i1 i Highway Ait \ \ II Itp ‘ 4,_ %., ii ( , -.......) k. _., - rr-1, I1L--.,.,,,, iii-, 4-"--- P., Trih.-„,—. 2,, 1 ., ,, LCA 7937 \ ' I'•\ \ '., \ \ Kalaoa 5 ) 1 , - 1? - 141-•_,.--,,,_ , fi- o,"--,-- 1-, re ', 4_-,,,,,,..• c- • Z rd'; -- I r I \ ••• t----)....:% Pcv.------ f_ S'"-• I 1\ -, ', i, I ' 1 1 .. j: . (-, ' — - - - 4- — _ _. ; 11I - _ -... _ \ : — 2: 1_ _°*°. ma 11'\ ..—:\—.:::: 71; 71.....:,,,. r, '''.,;(*- A',.:', 1_ 174- 411\,.:\'':\..,\._\ 4',',6)1t,%.-- . 2r\--1:\ 4 - 0. ...., e,- '. \ State Forest t Honuaula \ Reserve ., ', A \ 1 220151 t \ ' I-- % \ k_,, A, . ' s 1, .„....„.... \ \ i t I I, , I d' oma 2 , \-, ) ...> }, \ . C\) c-\-:-;. \;-- 1-. 1715‘: i1N- 2 1 , i e 1- ; t .. . t , . iwici • ii ... s, 2C4 1........, -..,,, , '`...... ' ! 1) 20 i 140 ', sy Iwo i:sacriGe c -. A • , % i• 1 t,---, .- --- 1c, 1 . , % 1 . L .- --- -- - - . h \\ --- — 1-- - V- — L. — -....,.__ . k. _. . r.._--. XICO 1 11o0 .. 4C -% IOC le Kohana Ila 22° \ mo 440 WO \ ' O 6000ft O 2000m Contour Interval = 80ft 2.12I Figure 6. Ahupua' a boundaries and Land Commission Awards Haun & Associates Project 928 STO:S00-E1 :NV\11 Haun & Associates Project 928 TMK: (3) 7-3-005:015 kuhina nui and other advisors to take a course that would assure personal rights to land. One-third of all lands in the kingdom would be retained by the king; another one-third would go to GIN as designated by the king; and the last one-third would be set aside for the moka'ainona or the people who looked after the land. 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`" 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). During the Mahele, Kalaoa Ahupua'a (1-5) became government land (Indices 1929: 31, 35). 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.); indicate that ten individuals claimed sixteen parcels in the Kalaoa's, but only two parcels in Kalaoa 5 were awarded (LCAs 7899 and 7937). Table 1 lists the claimed parcels and the locations of the awarded parcels are shown on Figure 6. The limited data on parcel area ranges from 4. 8 to 6. 0 acres, excluding a 0.81 ac house lot. One parcel was conveyed in 1841, one in 1843, and one in 1848. Two parcels were given by Kaainoa, and one each was given by Kaluaonaona, Kapaa, and Kamehameha I. Five claimed parcels included houses, one of which was partially enclosed. Thirty-two cultivated plots (kihopoi) are listed for the parcels. Taro and sweet potatoes are the only crops mentioned. The two awarded parcels are situated between 1,200 ft and 1,400 ft elevation and it is probable that the other claims were also for upland parcels. LCA 10523 is described as forest land. Soehren (1985) indicates that the Hawaiian Government began selling land in the vicinity of the project area in 1852. The parcels ranged from 0. 5 to 515 acres with an average of 50 acres. Most of the land bordering the olaloa inland, which later became the Mamalahoa Highway, at approximately 1,700 ft elevation, was sold by 1866. A road at approximately 1,100 ft elevation, Alanui Kouila provided access to the seaward sides of the parcels bordering the alaloa inland. A lower branch of the Alanui Kau/la was Alanui Koma, which subsequently became Ahiahi Street. Alanui Kauhini was an inland -seaward road seaward of the Mamalahoa Highway that formed the boundary between Homestead Lots 46 and 47 (Figure 7). Henry et al. (1993:34) quote an 1865 letter by Wiltse to the Interior Department regarding his assessment of available lands in Kona: Hamanamana, Kalaoa 1" & 2nd — Adjoining lands. These lands extend some distance into the forest, but a piece of them below the forest and mauka of the Govt. Road have been sold and Patented, 204Ac. Makai of Road I have surveyed and bargained to sell for 50 cts per Ac. This piece is used as a goat pasture, and is of little value for any other purpose. The remaining part of these lands, about 500 Ac., is of little value. Kalaoa 3is & 4'"—About 200 Ac., of 3r° rate land, 300 Ac. of rocks. Kalaoa 5th — Not in the mahele book but believed to be good land. This land above the Govt. Road has been sold and Patented. Below the road I have surveyed 515 acres which was sold by Sheldon to "Kaakau" & "Kama": who payed him $165.00. As no valuation was made of this land per acre by Sheldon I afterwards valued it myself as follows, 300 Ac. At 50 cts per Ac., 215 Ac. At 25 as per Ac. The balance due according to this valuation including Patent was $42. 75 which was payed to me in March 1864 and forwarded by me to your office. The survey of this land is in your office. If the payments made are satisfactory, these men would be very glad to get their Patent. This is a piece of 3`d rate land, used only as a goat pasture, no improvements on it. Makai of this survey is about 400 Ac. remaining to the Govt., but of very little value. Haun & Associates Report No. 928-01111619 Haun & Associates Report No. 928-011116110 Table 1. Land Commission Awards in Kalaoa Ahupua' a ND= No dam sic 0 H v 0 n_ 10 CONJ N/D N/0 N/0 N/0 e.+ xR^ P KamI N/0 Ws.' NR475v2 ittl- claimed entre ahupua' a 85161 Hi waulr 1 0 4 Kalaoa N/D N/0 N/D 7899 Kupae 2 1 0 18e Kaarnca 5. 75NR 45198 Ni 54094 awarded parcel in Ka laoa 5 Ka lea 4 N/0 8Hhapal N/0 N/0 N/0 N/0 Kalaoa 5 Kaweo partially enclosed house lm, 13 ki haWl Kaki' Halmlono Ka M1aukala Opuakue 7906 Kalei 1 0 0 Kalaoa 4 Wailele N/O N/0 N/D N/D NA/ N/0 N/ 0N/ 0 NR471v5 aimant wasas school aotKalaoa 79E6 Kanahele 1 0 0 Kalaoa 5 WC house lot N/D N/0 N/D N/0 N/0 N/0 480 Nfl 51498 5 described as being in Lelelohoku a hupua ia 7937 Kukaaui 2 1 0 9 ki hap., 1848 Ka uaonaona 48) il 45358, N539v4 Kahuku described asan entire ill in mme corner of Kalaoa 5, Lelei ohoku described as owner of a hopua la Kalaoa 4 N/D N/D N/D N/D N/0 N/D Kalaoa 5 Kahuku Kaupulehu Kawao K,hala Kahuku 7938 Kaikeleaukee 1 0 0 Ka law 4 N/D house lot N/D N/D N/0 N/D N/D Kaalnoa 600 NR516v9 7939 Kanhele 1 0 0 Ka moa 5 N/D N/0 Kaluw Kaholo 2 Keahole Halelono N/D N/D N/D NR 516v9 claimed entire di 9E39 Kaai nea 2 0 0 Kalaoa 4 Haleolono, Kamuku N/0 Kaloaloa Kalaoa 5 Ka I uaolapa Kaleoa3 N/D N/D N/D Nfl 54598 IeimMElll 10337JohnNawa hie 1 0 0 Kalawe 3 ki hapai. kalo, sweet odtax 1841 Kapaa N/0 NR 590v8, NT 681v3 1 Kahuku house lot konohiki fence road konohiki E Kamuku ND road Ka huku konohiki konohiki 10401Nava John F.e 1 0 0 Kalaoa N/D houselot N/0 N/D N/D N/0 N/0 N/D 081 NR595v8 10523NavaMeJohn 1 0 0 Kalaoa 4 Kaiwalholehole forest N/D N/D N/D N/p N/0 N/D N/0 NR 59798 10695 Pains 1 0 0 Ka Iaoa Poua kahoi N/D Karvnholehole Kamuku Poona Kul aehu N/0 N/D N/0 NR 600v8 claimed entire ill ND= No dam sic 0 H v 0 n_ 10 CONJ Haun & Associates Project 928 TMK: (3) 7- 3-005:015 igure 7. 1894 map of Homestead Lot 47 showing Lot 6 and Alanui Kauhini (from Soehren 1985:3) Haun & Associates Report No. 928-011116111 Haun & Associates Project 928 TMK: (3) 7-3-005:015 of 3'h rate land, used only as a goat pasture, no improvements on it. Makai of this survey is about 400 Ac. remaining to the Govt., but of very little value. Henry et al. (1993:36) cite a letter sent to the government land surveyor William D. Alexander in 1888 by thirty-three Hawaiians applying to acquire government lands from O'oma to Hamanamana. The request indicated that the applicant's current land holdings were too small for grazing goats because of the lack of soil. The additional land would enable the applicants to sustain themselves. J.S. Emerson's 1888 field notes, prepared in conjunction with his survey of the Hawaii Territory Survey Map of the Kailua area (Register Map 1280 - Figure 8), were reviewed by Henry et al. (1993:37). The notes contain references to six survey stations in Kalaoa: Station "Ke-ana-lele" (The leaping cave) This site in Kalaoa 2ntl is a water cave (p. 14) Station "Kuanahia" The ahu of Kuanahia is on the side of a stone wall mauka of the government road in Kalaoa ft. The station was named for a famous warrior -chieftain of Kamehameha I, and he once had a house among the trees behind the station (pp. 40- 50). Station "Ka-'eu" (The mischievous one) At/or near a kipuka area in Kalaoa 15' which was formerly cultivated with taro. Station "Kapeke" (Exposed) The station marker is on the ground among the stones of an iwi 'aina (stone alignment - land boundary) between Kalaoa eh and 5th. The site is 5 feet makai of Ka'ainoa's old pig pen (pp. 81-82). Station "Konio-hale" (Konio's house) A site on the border of 'O'oma 1't and Kalaoa 5th (pp. 91-92). Station "Maha-'ula' ula" (Red forehead) Land agent Wiltse set an ahu at the southwest corner of Grant 2972, awarded to Ka'apau and Kama at this point. This is a point of dispute, as the natives say that the ahu is in Kalaoa and not on the "iwi" [stone boundary alignment[ between O'oma 1't and Kalaoa 5th (p. 91 and 92). Figure 8 depicts the lower forest edge, seaward of the project area between approximately 900 ft and 1,000 ft elevation. The area inland of the project area is labeled as thick forest. This map also indicates that the portion of Kalaoa 5 in which the project area is located was awarded to Kaapau and Kama as Grant 1609. A house owned by Kama was located seaward of the project area, below the lower forest edge. Figure 9 is Wall's 1906 map of the Kalaoa School Lots (Register Map 2349). According to this map, an old Kalaoa School once existed inland of the Government Road in Kalaoa 3 Ahupua'a. The new school was relocated to the adjacent Kalaoa 4 Ahupua'a. The relocated school lot is also depicted on the 1924 USGS Kalaoa Quadrangle map (Figure 10), located to the northeast of the project area. This quadrangle also illustrates the Kapeke survey station present on Figure 8. It also shows several stations in the Kalaoa's that were not present on the 1888 map, including Kapai o Hooka, Kukuinui near the boundary of Kalaoa 5 and O'oma 1 and several unnamed stations. Kelly (1971:12) cites missionary and later census data that documents a decline in the population of North Kona in the 1800s. Kelly (1971:13) also cites selections from Bowser's Hawaiian Kingdom Directory for Haun & Associates Report No. 928-011116112 Haun & Associates Proiect 928 TMK: (3) 7-3-005:015 Haun & Associates Report No. 928-011116, 13 003 C) G) Ce f0 dLN 0 HV oo co x 003 G) V1C0H6) EW 00C0t0a03v cw LL Haun & Associates Project 928 TMK: (3) 7- 3-005:015 t re:RR/7Z ? r' moi[/RYL Y 1 41 oloV if--; LAO, SC. //CiOL LC TS n 4 *'.O /:,1aYdrr Art oaparlu itiSirmw:r/Ceyuziii • IV; lurri-t Ye.:...r ..a.r n to G..:r¢. 4.'.. r++ rrP/C K A L A 0 A C' :d ao/ /L 71'za'nuaoorrt 1 + -- or. *So 1Ji i:•i 113 /.v .,..., .../.. o4cde•..n \ 2' r/ .c7,* Iruara Figure 9. Wall's 1906 Hawaii Territory Survey, Kalaoa School Lots - Register Map 2349 Haun & Associates Report No. 928-011116' 14 Haun & Associates Report No. 928-011116 15 Figure 10. Portion of 1924 USGS Kalaoa Quadrangle Haun & Associates Project 928 0 U, Haun & Associates Project 928 TMK: (3) 7- 3-005:015 1880-1881. Named individuals include coffee farmers and goat and sheep ranchers with operations in North Kona between Kaloko and Puuanahulu. A man named Hueu in Kalaoa is identified as a coffee planter who cultivated three of the 200 acres he owned. Previous Archaeological Research More than 40 archaeological survey and excavation projects have been conducted in Kalaoa and the adjacent ahupua'a of O'oma. Figure 11 shows the locations of the projects and Table 2 summarizes the projects. Not included in the figure or table is the overview of O'oma and Kalaoa archaeology by Cordy 1985) and a study by Rosendahl (1973) that could not be located at the time of this review. The surveys in Table 2 cover nearly 6,800 acres identifying 484 sites with 4,923 features. To aid in reconstructing settlement patterns, features were quantified by probable age and function, and the studies are ordered by elevation. Traditional Hawaiian features were categorized as habitation, agricultural, burial (including possible burials), ritual, trail, and rock art. Features not assignable to these categories were categorized as miscellaneous/indeterminate. Traditional sites in this category include cairns, saltpans, fishponds, and pahoehoe excavations. Habitation sites are further subdivided into temporary and permanent for studies making this distinction. Density per acre values are given for sites, features, and habitation and agricultural features. Overall, the studies have identified 53 permanent habitation features, 379 temporary habitations, 3,739 agricultural features, 25 burials, 17 ritual features, 34 trail segments, 65 ahu, and 18 petroglyphs. Four hundred and fifty habitation features were not categorized by residential permanence. Historic features were not segregated by function. The majority of the historic features are ranch walls. Density values for surveys larger than 50 acres do not show any consistent trends by elevation, except for agricultural features, which are rarely reported below 100 ft elevation. Overall feature density ranges from 0.01 to 6.78 features per acre, averaging 0.93 features per acre. Habitation feature density ranges from 0.01 to 0.48 features per acre with an average of 0. 17. Agricultural feature density ranges from 0.03 to 6.16 features per acre with an average of 0.65. The highest agricultural feature densities come from the Haun and Henry (2002a) and Head and Rosendahl (1993) surveys between 380 ft and 600 ft elevation. Burial and ritual sites are present near the coast with a few reported for surveys between 500 ft and 1,800 ft elevation. Twenty-eight radiocarbon dates are reported in the studies by Hammatt and Folk (1980), Walker and Rosendahl (1990b), Thompson and Goodfellow (1992), Walker and Rosendahl (1989), Head and Rosendahl (1993), McGerty and Spear (2000), and Haun and Henry (2001a). Nearly all of the age determination results produced multiple age ranges or long single age ranges between the 1600s and 1950. When all potential age ranges are examined six ranges span the 1400s, eight include the 1500s, and twenty-two each include the 15th through 19th centuries. The results indicate initial use of the area in the 1400s followed by a gradual increase during the 15th century. The most intensive use dates to the 1600s to early historic period. Davis (1977) and Cordy (1985) utilized three environmental zones to characterize settlement patterns in D'oma and Kalaoa: (a) the Coastal Zone from sea level to 20 ft elevation within 150 ft of the shoreline, (b) the Barren or Transitional Zone from 20 ft to 430 ft elevation, and (c) the Upland Forest Zone from 430 ft to 3,400 ft elevation. Permanent and temporary habitation sites are present in the Coastal Zone along with burials, holua slides, petroglyphs, saltpans, fishponds, refuge caves, and ritual sites including heiau and shrines. Sites in the Barren Zone primarily consist of trails linking the coast to the inland agricultural fields and temporary habitation sites. Upland Forest Zone sites include permanent and temporary Haun & Associates Report No. 928-011116 16 Haun & Associates Report No. 928-011116 17 0 0 Contour Interval = 400 feet Keahole j, Point 23' 6000ft 2000m 7 1fI 1f y 1 • Rosendanl and Kirch ( 1975), Raglers- JOurdane( 1978) Cla• k( 1984), Cordy ( 1986a) 2 • Barrera ( 1979) 3 = Bonk ( 1979) 0 = Rosendanl 119801 5 = Soehren ( 19621 6 = Barren ( 1985a). Cordy 119866), Dunham ( 1987) 7 = Sophren ( 1985) 8 - Barrera ( 1987a) 9 • Barrera ( 1987b) 10 - Walker and Haan ( 1987, 1988) 11 - Telea and RosendaI ( 1984 Walker and Rosendahl ( 19911b), Trtompson and Goodfe low ( 1992) e/e. t 11ti . 12 • Walker and Rosendanl ( 1989) 13 • M. Rosendahl ( 1989) 14 • Walke• and Rosendani ( 1990a) 15 - Walker and Rosendanl ( 1990c) 16 = Dowden and Graves ( 1992) 17 • Ba, - era 11992. 1995a) 18 • Henry and Craves( 1993) 19 Walsi and Hamrnatt( 1995) 20 - Barrera ) 1995b), McGerty and Spear ( 2000) 21 = Drolet and SclTt ( 1995) 22= Ra•• era ( 1947) 23 - Moore, Maigret and Kennedy ( 1998) IMead ald Rosendan ( 1993) Hammatt and Fok( 19R0) Davis ( 1977) I ;' ..... mana g i, Kai: mm.0a iisa-4 4 22 1111 III 15 T 1. 740 Project area it #\ 1. 1 Tf Kalaoa 24- Roberts and Roberts ( 2000) 25 • Bonk ( 1998a. 1998b, 2000) Haul and Henry ( 201318) 26 • Haul and Henry( 2001a) 77 = Haun and Hnnry ( 7007a) 28 • Haun and Henry ( 7002b) 29 = Haul and Henry ( 2003) 30 - Recntman( 2006) Barrera ( 19851 and 1989) 7 Ching and Ro; endah ) 196.), Rosendanl ( 1913) Henry. Good( el ow and Maly ( 1993) 14II O' oma 1 J i i 29 28 a .. 1 soma Z •.. .. 1 v y1•-. 1400 ia« aii 3elt Road I600 16 0ueen ( a' ahumanu Hiahwav 200 14 600 Figure 11. Previous archaeological work Haun & Associates Project 928 Haun & Associates Report No. 928-0111161 18 Table 2. Previous archaeological work Author Land Study Type Elevation feet) Area ac) Total sites Sites/ acre Total fear Feas/ acre Nab Feas Few acre Perm Hab Fear Temp. Hai) Feas Ag Feat Ag Fear/ acre Burial Feas Ritual Feas Trail Ahu Rock art Ind Fear Historic Fear Moore, Maigret and Kennedy ( 1998) Kalaoa 4 IN 0-10 4.21 1 0.24 1 0.24 1 Rosendahl and Kirch ( 1975), Rosendahl ( 1980) Kalaoa RN 0-20 314 14 0.04 52 0.17 39 0.12 2 1 8 2 Rogers- Jourdane( 1978) Kalaoa RN 0.20 22.5 6 0.27 7 0.31 2 0.09 3 1 Clark ( 1984, Cordy ( 1986a), Roberts and Roberts 2000) Kalaoa RN/OR 0.20 320 12 0.04 20 0.06 7 0.02 4 1 8 Barrera ( 1985, Cordy( 1986b), Donham( 1987) Ooma 2 RN 0-40 314 74 0.24 279 0.89 126 0.40 34 74 7 9 2 1 126 6 Barrera ( 1985, 1989) KalOaooranaand RN/DR 0- 120 450 42 0.09 64 0.13 31 0.07 2 31 Bonk ( 1979) Kalaoa RN 10-20 75 1 0.01 1 0.01 1 Barrera ( 1979) Kalaoa RN 10-20 5 2 0.40 13 2.60 13 2.60 Barrera ( 1987a) Kalaoa RN 10-20 51 2 0.04 12 0.24 7 0.14 4 0.08 1 Barrera ( 1987b) Kau- Ooma RN 10-20 355 6 0.02 8 0.02 3 0.01 1 1 3 Walsh and Hanatt ( 1995) an Kea huol u- Kalaoa 4 IN 40. 140 15 3 0.20 8 0.53 4 0.27 4 2 2 Henry and Graves ( 1993) Keahuolu- Kalaoa IN 80-160 25.8 11 0.43 11 0.43 2 0.08 4 0.16 2 2 1 M. Rosendahl ( 1989) Ooma 2 IN 110- 700 60 4 0.07 9 0.15 3 1 3 2 Henry, Goodfellow and Ma ly( 1993) Makaula- O' oma 2 AS 120- 840 2640 42 0.02 324 0.12 23 0.01 284 0.11 1 3 3 2 5 3 Davis ( 1977) Kalaoa 1- Ooma RN 121- 800 915 22 0.02 54 0.06 23 0.03 8 15 24 5 2 Hammatt and Folk ( 1980) Ooma and Kalaoa RN/EX 160- 380 370 18 0.05 18 0.05 15 0.04 1 1 1 Dowden and Graves ( 1992) Kalaoa 1-4 IN 200- 230 15 4 0.27 7 0.47 7 Walker and Rosendahl ( 1989) Kalaoa 5 IN 350- 840 140 34 0.24 84 0.60 49 0.35 4 0.03 4 2 5 2 15 3 Haun and Henry ( 2002a) Ooma 1 IN 380- 460 50 17 0.34 186 3.72 24 0.48 24 133 2.66 1 4 6 15 3 Head and Rosendahl ( 1993) Makaula• Kalaoa 4 IN 400- 600 500 43 0.09 3388 6.78 205 0.41 213 3080 6.16 3 2 12 6 7 64 1 Walker and Rosendahl ( 1990a) Oona 2 IN 680- 720 17.8 13 0.73 28 1.57 9 0.51 13 0.73 1 1 2 1 1 Orolet and Schilz ( 1995) Ooma 2 IN 730- 960 8.8 29 3.30 41 4.66 9 1.02 9 26 2.95 3 Barrera ( 1997) Kalaoa IN 810- 930 10.3 8 0.78 10 0.97 3 0.29 1 4 2 Walker and Haun ( 1987, 1988) Kalaoa 4 DR 840- 1020 5.6 4 0.71 23 4.11 6 1.07 15 2.68 1 1 Soehren ( 1985) Kalaoa 4 RN 950- 1240 38.5 3 0.08 3 0.08 1 2 Haun and Henry( 2002b) Kalaoa 4 IN 920- 1045 9 6 0.67 15 1.67 10 1.11 5 Haun and Henry ( 2001a) Ooma 1 IN 1000- 1180 18 17 0.94 77 4.28 24 1.33 3 21 45 2.50 2 2 4 Walker and Rosendahl ( 1990c) Kalaoa 4 IN 1040- 1240 6.4 7 1.09 12 1.88 4 0.63 5 0.78 1 2 Telea and Rosendahl ( 1987), Walker and Rosendahl ( 1990b), Thompson and Goodfellow 1992) Kalaoa 4 RN/IN/ DR 1040- 1240 6.6 7 1.06 12 1.82 3 0.45 5 0.76 2 2 Soehren ( 1982) Kalaoa 4 RN 1050- 1100 6.8 2 0.29 2 0.29 2 Bonk ( 3998a, 1998b, 2000), Haun and Henry 2001b) Ooma 1 RN/ EXIN 1080- 1200 5.9 13 2.20 46 7.80 7 1.19 6 1 30 5.08 1 2 6 Barrera ) 1995b(, McGerty and Spear ( 2000) Kalaoa IN 1380- 1520 6 12 2.00 54 9.00 20 3.33 2 18 28 4.67 2 1 1 2 Recthman ( 2006) Kalaoa 5 AS 1690- 1920 5.93 0 0.00 0 0.00 Barrera ( 1992, 1995a) Kalaoa IN/DR 1775- 1880 3 5 1.67 54 18.00 50 16.67 1 3 naussance Survey, IN= Inventory Survey EXxxcavation project, DR= Data Recovery, AS= Assessment Haun & Associates Project 928 sio:so0-E-L (E) :AVVl Haun & Associates Project 928 TMK: (3) 7-3-005:015 habitations and agricultural features, primarily modified outcrops, mounds, and excavated depressions. Refuge caves are reported by Walker and Rosendahl (1990b), Head and Rosendahl (1993) and Haun and Henry (2002a). Soehren (1982) identified a possible heiau and Head and Rosendahl (1993) assigned a ceremonial function to an enclosure in a lava tube. Petroglyphs and burials have also been identified at upland sites. Cordy (1985) argues that the prehistoric population of O'oma and Kalaoa was never more than about 100 people. He suggests that there were small fishing settlements along the coast, such as those reported by Ellis (1963) and scattered residences and agricultural fields inland. By the 1800s, most settlement was inland. Consultation Henry et al. (1993) cite John W. H. I. Kihe's recollections about the Kekaha region between 1870 and the early 1920s. According to Mr. Kihe, there were many residents in Kalaoa in the 1870s, but by 1924 none were left. Henry et al. (1993) cite oral interviews with two Kalaoa residents. One informant indicated that in the 1920s the land was much Tess vegetated. Her mother planted lauhala that was used for weaving. The other informant remembered taro, coffee, and avocados being grown. Cultivation required clearing stones from the soil and piling the stones in mounds. During and subsequent to Mr. Stewart's acquisition of the property, he had oral and written communication with the previous landowner Norman Keanaaina regarding past land use. The land was passed down from the original grantees Kaakau and Kamaka Kama through Malaea Keanaaina and has been used by his family for more than 100 years. Mr. Keanaaina grew up in a two story house across the street (Mamalahoa Highway) on the south side of Matsuyama Store. The family used the project area as an agricultural farm and for pasture. The neighbors were Reverend Abraham Akaka to the north and Mr. Sasaki to the south. Mr. Keanaaina indicated that there were no family burials on the property. The family's grave site has been Mauna Ziona Cemetery at the Kekaha Protestant Church since 1830. During the fieldwork, a family (Sasaki?) member from a residence on the south side of the property provided information concerning a wall remnant (Site 29191) along the inland boundary of the project area. The wall was formerly intact, but much of it was disturbed during roadway improvements to the highway (Mamalahoa/Hawaii Belt Road). Project Expectations The project area is situated in the lower Upland Forest Zone as defined by Davis (1977) and Cordy (1985). Prehistoric use of the project area is potentially represented by scattered temporary and permanent habitation sites associated with agricultural features. The agricultural features consist of informal fields with scattered modified outcrops, mounds, and depressions. Trails link the inland habitation and agricultural areas with the coast. Refuge caves, burials, and ritual sites are also potentially present. Chronologically, sites may have been used as early as the 1400s, with the most extensive period of use occurring between the 1600s and early historic period. In the early to mid -1800s, LCA claims indicate settlement and cultivation between 1,100 and 1,300 ft elevation. Taro and sweet potatoes are the only crops specifically mentioned in the LCA testimony. By the mid -1800s to early 1900s, sites associated with ranching and commercial cultivation of coffee are expected. Ranching and agricultural activity would be evidenced by stone walls, corrals, and scattered habitation sites. Haun & Associates Report No. 928-011116', 19 Haun & Associates Project 928 TMK: (3) 7-3-005:015 FINDINGS The inventory survey identified seven sites with 36 features. The sites consist of four single feature sites, two sites with two features and a complex of 28 agricultural features. The features consist of 24 mounds, 4 kua'iwi, 3 enclosures, 3 walls, 1 lava tube and 1 terrace. Feature functions are agriculture (29), livestock control (5), habitation/ activity area (1) and temporary habitation (1). The sites are summarized in Table 3 and their locations are presented in Figure 12. Table 3. Summary of identified sites SIHP Sitenumber Type Function Age No. ofFeatures Formal type Function Temporary Field Numberaco' 2 mY ocW 5. Lavatube Ht AgncultureLivestockcontrolHabitation/Activityareal c0ra w 3k EN1- 2978929789 Lava tube Temporary habitation Prehistoric 1 1 1 6 29790 Enclosure Agriculture Prehistoric 1 1 1 8 29791 Wall Livestock control Historic 1 1 1 17 29792 Complex Livestock control Historic 2 2 2 23 29793 Complex Livestock control Historic 2 2 2 25, 26 29794 Terrace Habitation/activity area Prehistoric 1 1 1 29 29795 Complex Agriculture Historic 28 24 4 28 See Table 4 Totals 36 24 4 3 3 1 1 29 5 1 1 Subsurface testing was conducted in three locations. One test unit (TU -3) was excavated in the surface of a habitation/activity area terrace (Site 29794). The results of this unit are presented in the Site 29794 discussion below. Another test unit was excavated in the forested area in the southwestern portion of the project area (TU -1) and one was in the recently cleared area in the inland portion (TU -2). These units are discussed in the additional subsurface testing section below. The survey also identified a small, non -cultural lava blister located in the inland portion of the project area in the area (see Figure 12). This blister was carefully examined during the project and no evidence of cultural modification or use is present. Site 29789 is a lava tube located in the east -central portion of the project area at elevations ranging from approximately 1,585 to 1,590 ft. The lava tube entrance is located along the western side of a small oval-shaped sinkhole that is 1.75 m long (north -south), 0.75 m wide and 1.5 m in depth below the surrounding ground surface ( Figure 13). The depression floor is rubble filled and there is a 0.8 m wide by 0.4 m high opening on to the western side that leads to the interior of the tube. A stacked cobble and small boulder retaining wall is located on the eastern side of the sinkhole, built to prevent stones from falling into the lava tube entrance. The tube extends to the east and west from the entrance. The western side is a linear chamber that is 11.4 m long (east-northeast by west-southwest), 1.3 to 2. 5 m wide with ceiling heights ranging from 0.5 to 1.85 m. The floor is bare lava and there are areas of roof fall present to the west of the entrance and along the southern wall. Scattered fragments of charcoal and kukui nut shells are present on the floor. There are two short passages located at the west end of this chamber; one extending to the west Haun & Associates Report No. 928-011116 20 Haun & Associates Report No. 928-011116121 A - AB- Agricultural feature of Site 29795 _ Site number pre - fixed bySO -10 -28 - Contour interval = 40ft Excavator tracks Kua' iwi 29793 o Ia KeintIttartl Drive Recently cleared area 777 p • • .• 29/ 9i, • ' ' • 180 feet 60 meters Project area boundary t •.,::, . .. " E ., / _ _,.,----- 13-. -:.' — IL.' — Non - cultural "- 4/ ''' - - 4' / ' . T 4, 1 . 4 y 4 _. it, 4./ / 1t._ 29791 i I t lava blister - m- 1-'- ri•-•-• •••• , , • / / 1 / / •• • 4 V -. e,,, i 1 ,I 117,'"- rjxtoZ-(-:.,:.:- 7 --.... 1_ Z-• vo! ‘, , 71: W t.• , „ ' AA. ' ,', C Low mound ofTU- 2 I Forested area F Inachlne- piled boulders / H 297a9 29790 1520 Ihurnoe set 1 / 1560 Modern Area disturbed by accent landowner mortared / \ wall 1600 Hawaii Belt Road - _ 1640 Figure 12. Site location map Haun & Associates Project 928 H c;' 0Ln 0 Li" Haun & Associates Report No. 928-011116! 22 Slope direction C = Charcoal K = Kukui nut shell 0: 35) j . 4 j' t 1 iC x, r — v. Yy yrs;%'' { 1. fl} :.. 1-- 1 w .. t. : ter z - . •. K •, F Ver& M arranop 0. 5 rf :;,• ( rence to lava tube, view to west ( 1. 1 m daap) Datan . h`' yr { ) c ...,,, t.,,...,,.: 4,, Bare lava floor ` 5C -Ar 1. 22,)'= '- t'{f cly s' l : lx ce. TS r FC ` yr; r. 4 y, s I Ori r; 17;.. , rte f Bare lava floor yam , rY'' T C` .; , . y . 47.,,,;,-- uric sG . L .•' ' Y' re....=;:, C ` X14' C' ,.' l' ,` Gt ccL "' .. t. s.( o) .., q,. .. 9.'-' 444' 1. 1) { 0. 6} C ^ t ., ( 0. 3) 4y' \ 0. 1) C rS ' 1'{ 0. 5) .. 4:' , 4c. a?-''' Stacked stone retaining wall N on side of sinkhole w 11. 85) ` rj ;,,,.>_ "' 1"` ' As. K • K., o' f` xR% nt- NxrSs .% ( 0. 16) x`> } % T Bare fl_.or Figure 13. Site 29789 plan map and photograph Haun & Associates Project 928 Haun & Associates Protect 928 TMK: (3) 7-3-005:015 1.35 m long, 0.85 m wide and 0. 2 m high) and one to the southwest (5.0 m long, 0.75 m wide and 0.2 to 0.3 m in height). No cultural remains are present in these chambers. A passage extends off the south wall of the western chamber. This passage is 2.25 m long and opens to a small chamber that is 1.75 m long (northwest by southeast), 1.25 m wide, and 0.9 m in height. The floor in this small chamber is bare lava with scattered kukui nut shells. Narrow passages extend to the southwest and northeast from the small chamber. The passage to the southwest, with a ceiling height of only 0.16 m, is inaccessible. Observations from the entrance indicate that it is at least 1.7 m long and 0.35 m wide with no cultural remains. The passage to the northeast is 2.4 m long and 0. 25 to 0. 65 m wide with ceiling heights that range from 0.2 to 0.3 m. The northeast end of this passage is also inaccessible, but observations from the northeast end indicate that it connects with the eastern side of the main lava tube. The eastern side of the lava tube is accessed through a passage between the northern wall of the tube and the rubble filled entrance. This eastern passage extends 6.4 m to the northeast then angles to the southeast for 3.0 m where it terminates. The passage is 1.0 to 1.8 m wide with a bare lava floor and ceiling heights that range from 0. 5 to 1.22 m. Areas of roof fall are present along the south wall and at the eastern end. A fragment of burned kukui nut shell is present on the floor in the western portion of the tube and scattered unburned kukui nut shells are present on the floor at the eastern end. A narrow side tube extends off the north wall of the eastern chamber. This passage is 2.75 m long, 0.75 m wide with ceiling heights that range from 0. 25 to 0.5 m. The floor is bare lava and no cultural remains are present. Site 29789 is interpreted as a pre -contact and/or early post -contact temporary habitation shelter based on its formal type and the presence of cultural remains. The entrance was altered by the recent ground altering disturbance. The site is in fair to good condition. It is assessed as significant per HAR § 13-284-6 under Criteria d (information content). Site 29790 is the disturbed remnant of an enclosure located in the inland portion of the project area at approximately 1,600 ft elevation. The terrain slopes slightly to the west and contains scattered Christmas berry trees (Figure 14). The site is located outside the area that was recently cleared; however the southern end of the structure was previously destroyed by activities likely associated with construction on an adjacent lot, which has encroached into the present project area (see Figure 12). The site is currently comprised of a U-shaped enclosure that is 18.7 m in length (east -west) and 11.6 m in width, open to the south. The enclosure walls are built of cobbles and small boulders, ranging in width from 1.0 to 1.8 m and in height from 0.3 to 1.3 m. The northern portion of the wall is roughly piled cobbles and small boulders with the remainder consisting of stacked and roughly piled stones. A remnant stacked section is located along the interior side of the eastern wall. The interior surface of the enclosure is comprised of level soil with no cultural remains present. Site 29790 is interpreted as the remnant of a possible pre -contact and/or early post -contact garden enclosure. This is based on its generally informal construction, the level soil interior and its large area 216.9 sq m). The site is altered and in poor to fair condition. It is assessed as significant per HAR §13-284- 6 under Criteria d (information content). Site 29791 is the remnant of a stone wall located in the inland portion of the project area at approximately 1,635 ft elevation in the recently cleared portion of the project area. The wall is located 3.0 to 4.0 m west of a modern mortared stone, seaward of the Hawaii Belt Road (Figure 15). The Haun & Associates Report No. 928-0111161 23 Haun & Associates Report No. 928-011116124 J 0 18. 0 feet 7J Joalc, c; 0 Nf 1 J 0: with scattered stones v lot 1 Slight slope I a or- vc,+ 4 + 1.3)' Portion of endosure depleted In photograph 09) 1.* Safi .,, 4• , 4 a.) tea?' 0^ gt •- s" el_..; f41... . elle. r Slope direction Collapse Height in meters Christmas berry 0 6. 0 meter ro3) 0 j 11 fid[ cG cc, 0.4) t level Enclosure wall, view to northeast DatumDat1 Oaf 4c' V-, • * i 1, ', i 1114 4 est• sSS}} ll — Sight slope wllS 3o,) ) , sI ( a4) k,t- 4. 0' 0.3) 2) soli J' ' , Ai Vl . h__ -- i-- Area disturbed by construction on neighboring Figure 14. Site 29790 plan map and photograph Haun & Associates Project 928 SIO:S00-E-L (£) :>Wl Haun & Associates Project 928 TMK: (3) 7- 3-005:015 Slope direction Berm of sell and stones 0.5) - Height in meters Faced side Figure 15. Site 29791 plan map and photograph Haun & Associates Report No. 928-011116125 Haun & Associates Project 928 TMK: (3) 7- 3-005:015 wall is mostly collapsed, occupying an area 18.5 m long (north -south), 4.6 to 6.3 m wide. The collapsed areas range in height from 0.5 to 0.6 m in height. A relatively intact portion of the wall is located at the southern end of the site, with faced sides and a core -filled interior. This intact section is 2. 9 m long (north -south), 1.2 to 1. 3 m wide and 0.7 to 1.1 m in height. No cultural remains are present. The landowner of the adjacent parcel on the south of the project area indicated that the wall was intact prior to the construction of the adjacent Hawaii Belt Road. The wall was disturbed during the road construction activity. Site 29791 is interpreted as the disturbed remnant of a livestock control wall used to restrict the movement of cattle. This is based on comments from a local resident, its formal type, height, and method of construction. The wall has been impacted by the recent disturbance to the project area, and potentially by the construction of the mortared stone wall and roadway. The north and south ends of the wall may have also been previously disturbed by construction activities in the adjacent lots. The wall is altered and in poor condition. It is assessed as significant per HAR §13-284-6 under Criteria d (information content). Site 29792 is an L-shaped wall situated in the northern portion of the project area. The wall originates adjacent to the inland project area boundary at approximately 1,620 ft elevation (see Figure 11). It extends downslope to the west-northwest for 138 m, then angles to the south-southwest for 21 m where it terminates at approximately 1,565 ft elevation. The inland end of the wall likely once continued to the east into the adjacent parcel, although this portion has been destroyed. The wall is constructed of stacked and faced cobbles and small boulders with a core -filled cobble interior Figure 16). It varies in width from 0.9 to 1. 2 m and in height from 0.7 to 1. 1 m. Portions of the wall have collapsed or have been impacted by the recent disturbance to the project area. The wall has been breached at its seaward end by the excavator used to flail the project area. No cultural remains are present. Site 29792 is interpreted as a livestock control feature used to restrict the movement of cattle. This interpretation is based on its height and method of construction. The wall has been altered though the majority of it is in good condition. It is assessed as significant per HAR §13-284-6 under Criteria d information content). Site 29793 is a complex of two large enclosures located in the seaward portion of the project area at approximately 1,510 to 1,525 ft elevation. Both of the enclosures were impacted by the recent disturbance to the project area (Figure 17). The Feature A enclosure is situated at the northern end of the site, adjacent to the northern project area boundary. The east and south sides of the enclosure remain, indicating that the structure measured at least 30.0 m long (east -west) and 12.5 m wide. The northern side of the enclosure has been mostly destroyed, likely during construction within the adjacent lot, and currently consists of a pile of cobbles and small boulders that is 8.0 m long (east -west), 3. 2 m wide and 2. 2 m in height. The western side of the enclosure is open. The extant south and east walls are constructed of roughly stacked and piled cobbles and small boulders that vary in in width from 0.9 to 1. 2 m and in height from 0.4 to 1.0 m (Figure 18). Portions of these walls have collapsed and the marks from a tracked excavator extend through the center of the feature, exiting at the southeastern corner. The interior floor of the enclosure slopes gently to moderately to the west and is comprised of soil covered in a thick mat of mulch. No cultural remains are present. Haun & Associates Report No. 928-0111161 26 Haun & Associates Report No. 928-011116127 Portion of wall depicted In plan map Portion of wall depicted in photograph Ti- t•zse- v 0.9) Stacked and faced wall, view to east southeast Figure 16. Site 29792 plan map and photograph Haun & Associates Project 928 TMK: (3) 7-3-005:01 Figure 17. Site 29793 plan map Haun & Associates Report No. 928-011116 28 Project area boundary Back yard el adjacent house i'' 4-.=--- „, $46f,• A .. 1.1.P. ---• 42.2) ... --- i.v._,4.3*.• .,. . f Will10111•11111,11111111 Illi:li 'Rh 'RI 11'.1)11'. 111' iii. illf"..•;,;,,,, • , ii es - 41 Slopingsoil covered In mulch "' ,i/./,,,.„ (0.6) 1540 Of hiiliIl 1111'.1'hli 111111111111:111iliA(1,. r,47., , •-,..- r.st --(OM ',' C,!'. $ • .. _., :._ f ..1171. • , ',/,,, '0'1371.. t, hi Portion of 1 .., '.! ,,,,.. •,•• 0,, -.... IFeatum A 4 shown In , Feature A . f - . Figure is photograph 0.6) ,.•""ir,,, (05) f.1.,14`i•-•frck,a,-• ;., 0.18) Ar I ‘ .4.',"•• 1 ;14,. ,''.'tffir '14.,, ''''''' ' k - t' . ..4, dil. " 4.2t.N °I ' - '''' • - 1 ./.// / , A. -.... ' i" - ' 74 ' • ."", 1 -", , - , ,4* -011'a.. -4 .0. ..„ , . ., • 7. • .. ,„ OA) — 0.8) (0.13) ...4.'"\X 10.6) IT:ik• ,. 1:ttum ','• '91; , C\*< .`ks' •'. 0.3\''.6•X‘'‘ s - .,%:;.\"0-•'(0.55 1-4", • .- A $$'• • ' ,$,W$%•‘'‘ ' •''• - ' ft( -;•I N$ • ` ":"." 0:.. ..' ;.4.. 't: . '..,S'...::1'‘ .10.61gf, ' ' N'.:‘‘ 0 4 . .‘\:,:•‘‘‘' y.v• ti' ' • 0y,,,.•• 0.45) • -.NN' " oirsil 0.7) 0.‘, S —‘ • k', . v \,, e • 4 Il. Sloping soil mvpred in mulch t., 04 ' ,..,;:iti• • ,1..0''' Slopingsoli covered in mulch •...4„. Portion ofs, A , Feature Dri.. -,4 shown in0.8) — . Figure 19s:''. Feature B ,,,,„...f photograph 44"- A• Excavator trackl'i, v. "-Sri< • ? , - , 0.6).•., ...,‘. 7‘• ), ' - a s.vv,If. • A , 4„,!,. 4,,% •,6 't f i tO 5. , •Il• ...4, '1,1(0.13) 12.‘' w .,. se. c .i? 4 A 44 . • , ....,...” A Slope direct,on t$, i'•,,.., %,'",' , Collapse 0.2) 10 A) • Hight In moms 0 27.0feet .. ammo-- - - -- - 0 9.0meters Figure 17. Site 29793 plan map Haun & Associates Report No. 928-011116 28 Haun & Associates Project 928 TMK: (3) 7- 3-005:015 4,41-171440114t Figure 18. Site 29793, Feature A enclosure, view to west Figure 19. Site 29793, Feature B enclosure, view to west Haun & Associates Report No. 928-011116129 Haun & Associates Protect 928 TMK: (3) 7- 3-005:015 The Feature B enclosure is located 5.0 to 6.0 m south of Feature A. This enclosure is in very poor condition and was impacted by the recent disturbance. It is comprised of piles of cobbles and small boulders that form a rough enclosure 21.0 m long ( east -west) by 17.7 m wide. The wall remnants range in width from 1.6 to 4.25 m and in height from 0. 15 to 1.2 m (Figure 19). The interior of the Feature B enclosure also slopes to the west and is covered in mulch. Track marks from the recent flailing activity extend through the enclosure in a northeast by southwest direction, with additional marks between the Feature A and B structures. No cultural remains are present. Site 29793 is interpreted as a complex of probable livestock control features. This is based on their large areas (Feature A = 375 sq m, Feature B = 371.7 sq m), the height of the remaining walls at Feature A and the sloping interior floors of the structures. The site is altered and in poor to fair condition. It is assessed as significant per HAR §13-284-6 under Criteria d (information content). Site 29794 is a large terrace located at approximately 1,585 ft elevation. The terrace is located on the side of a gentle slope to the west. Roughly stacked and piled cobble and small boulder retaining walls extend along the west and north sides (Figure 20). The terrace is 7.9 m long (north -south) by 6. 2 m wide, with the retaining walls ranging in height from 0.5 to 1.8 m. The surface of the terrace is level and is covered in a thick mat of mulch. No cultural remains are visible on the mulch -covered surface of the structure. A 1.0 by 1. 0 m test unit (TU -3) was excavated in the northwestern portion of the terrace surface (see Figure 20). This excavation revealed 0.08 to 0.1 m of mulch overlying a 0.13 to 0.2 m layer of very dark brown (10YR 2/ 2) silt with 25% gravel, pebble and cobble inclusions (Layer I). Cultural remains recovered from Layer I consist of 17 volcanic glass flakes (9.0 grams), 13.2 grams of charcoal, and 3. 2 grams of burned kukui nut shell fragments. Bedrock was encountered beneath the Layer I deposit. Site 29794 is interpreted as a prehistoric habitation/ activity area. The abundance of volcanic glass and the absence of food remains suggest that the structure may have been used for specialized plant processing activity. The site was altered by the recent disturbance to the project area and is fair condition. It is assessed as significant per HAR §13-284-6 under Criteria d (information content). Site 29795 is a complex of 28 features distributed in the southern half of the project area, above approximately 1,520 ft elevation. The features consist of 24 mounds and 4 kua'iwi. The location of the features is depicted on Figure 12 and the physical characteristics are summarized in Table 4. The mounds are interpreted as clearing piles that were created by consolidating surface stones from adjacent planting areas. Typically these features are comprised of informal piles of basalt cobbles and small boulders, with uneven sides. No cultural remains were present on the surface of any of the clearing piles. The mounds range in length from 1. 1 to 10.0 m (average 3. 2 m), in width from 0.6 to 4.9 m (average 1.9 m) and in height from 0.25 to 1.5 m (average 0.56 m). The feature areas range from 0.66 to 24.9 sq m average 7.4 sq m) and feature volume ranges from 0.26 to 37.4 cubic meters (6.2 cu m). The 24 mounds include 18 that are oval in shape, four that are circular, and two are linear. Examples of the Site 29795 mounds are depicted in Figures 21 and 22. Kua'iwi (Features C, D, G and C) are linear mounds of cobbles and boulders cleared from adjacent garden areas that are oriented in an inland -seaward direction. The features also served to delineate the boundaries of agricultural fields. The features are all built of piled cobbles and boulders small that range in length from 9.9 to 31.5 m (average 18.3 m), in width from 1.8 to 3. 3 m (average 2. 6 m) and Haun & Associates Report No. 928-011116 30 Haun & Associates Report No. 928-011116 31 Ur*, Very dart brwn 136rIt V2 fate+ tb oebblea. d cobble ticlwena: eekWai roma nt pout* Level soil covered In mulch Slope direction 0. 6) = Height in meters 0 9. 0 feet 0 3. 0 mrtws Terrace retaining wall. view to eest• souteest Figure 20. Site 29794 plan map and photograph Haun & Associates Project 928 SLO:S00-£-L (£):NW' Haun & Associates Project 928 TMK: (3) 7- 3-005:015 li .•ti_ ii-:. 'e,c•'' 'ir• e;t.:re M Figure 21. Site 29795, Feature L and M mounds, view to south Figure 22. Site 29795, Feature S mound, view to north riaun & Associates Report No. 928-011116132 Haun & Associates Project 928 TMK: (3) 7-3-005:015 Table 4. Site 29795 agricultural features Feature A TVPe Mound Length04 3. 1 Width00 1.5 Height cth) 0.7 4.65 Volume 3.26 Oval Piled cobbles and boulders 187613 2182904 27 B Mound 2. 4 1.8 0.6 4.32 2.59 Oval Piled cobbles and boulders 187624 2182897 24 C Kuo'iwi 9. 9 1.8 0.6 17.82 10.69 linear Piled cobbles and boulders 187634 2182885 2 D Kuo'iwi 31.5 3 1. 1 94.50 103.95 Linear Piled cobbles and boulders 187649 2182907 31 E Mound 2. 1 1.7 0.7 3.57 2.50 Oval Piled cobbles and boulders 187663 2182880 3 F Mound 2.5 1. 2 0.3 3.00 0.90 Oval Piled cobbles and boulders 187713 2182870 4.2 G Kuo'iwi 10.3 2.8 0.8 28.84 23.07 linear Piled cobbles and boulders 187714 2182878 4.1 H Mound 4. 3 2.1 0.4 9.03 3.61 Oval Piled cobbles and boulders 187734 2182872 5. 3 I Mound 1. 3 1. 1 0.25 1.43 0. 36 Oval Piled cobbles and boulders 187730 2182874 5. 2 1 Mound 1. 2 0.9 0.3 1.08 0.32 Oval Piled cobbles and boulders 187726 2182876 5.1 K Mound 3.1 1.7 0.5 5.27 2.64 Oval Piled cobbles and boulders 187732 2182881 22.1 L Mound 2.8 1.8 0.6 5.04 3.02 Oval Piled cobbles and boulders 187729 2182888 22.2 M Mound 3. 2 2. 1 0.75 6.72 5.04 Oval Piled cobbles and boulders 187730 2182893 22.3 N Mound 10.0 2.3 0.7 23.00 16.10 Linear Piled cobbles and boulders 187762 2182885 9 0 Mound 3.1 3 0.6 9.30 5.58 Circular Piled cobbles and boulders 187777 2182882 21 P Mound 3.1 2.8 0.65 8.68 5.64 Circular Piled cobbles and boulders 187780 2182871 10 Q Mound 7. 7 2.5 0.7 19.25 13.48 linear Piled cobbles and boulders 187776 2182882 11 R Mound 1.75 1.3 0.4 2.28 0.91 Oval Piled cobbles and boulders 187789 2182879 20 S Mound 5.1 4. 9 1.5 24.99 37.49 Circular Piled cobbles and boulders 187795 2182882 30 T Mound 3. 5 2.9 0.4 10.15 4.06 Oval Piled cobbles and boulders 187805 2182875 19 U Mound 1. 1 0.6 0.4 0.66 0.26 Oval Piled cobbles and boulders 187817 2182875 18 V Kuo'iwi 17.1 3. 3 0.8 56.43 45.14 Linear Piled cobbles and boulders 187786 2182868 13 W Mound 1.6 1.4 0.3 2.24 0.67 Oval Piled cobbles and boulders 187799 2182862 14.3 X Mound 1.6 1.3 0.3 2.08 0.62 Oval Piled cobbles and boulders 187794 2182865 14.1 Y Mound 1.7 1.3 0.35 2.21 0. 77 Oval Piled cobbles and boulders 187793 2182863 14.2 Z Mound 4.7 3.1 0.9 14.57 13. 11 Circular Piled cobbles and boulders 187787 2182867 12 AA Mound 2. 3 1. 1 0.35 2.53 0.89 Oval Piled cobbles and boulders 187813 2182852 16.1 AB Mound 1.4 1.2 0.3 1.68 0. 50 Oval Piled cobbles and boulders 187817 2182847 16.2 in height from 0.6 to 1.1 m (average 0.83 m). No cultural remains are present on or around any of the features. The Feature C and V kua'iwi are depicted in Figures 23 and 24. These features are interpreted as elements of the Kona Field System, a vast agricultural area that was intensively cultivated and served as the resource base for the large number of chiefs and retainers that occupied the central Kona coast. The field system extends north to Ka'u Ahupua'a, south to Honaunau, and from the coast to the forested slopes of Hualalai. The overall system is assigned Site 6601 (Newman 1970, Kelly 1983, Schilt 1984, Cordy 1995); however, for descriptive purposes the portion in the project area is designated 27195. The sites is assessed as significant per HAR § 13-284-6 under Criteria d information content). It is altered and in poor to fair condition. Additional subsurface testing was conducted in the recently cleared and forested portions of the project area to determine the presence or absence of subsurface cultural deposits. TU -1 was situated in the inland portion of the project area in the recently cleared area at approximately 1,605 ft elevation. The unit was located between the Site 29795 Feature N and 0 agricultural mounds. This excavation revealed scattered surface mulch overlying a soil deposit (Layer 1) resting on bedrock (Figure 25). Layer I is a 0.07 to 0. 12 m -thick layer of a very dark brown (10YR 2/ 2) silt with 10% gravel, pebble and cobble inclusions. No cultural remains were present in TU -1. TU -2 was situated in the forested seaward portion of the project area at approximately 1,555 ft elevation, 3.0 m south of the Site 29795, Feature C kua'iwi. This excavation revealed one soil deposit (Layer I) over bedrock (Figure 26). Layer 1 is 0.02 to 0.27 m of a very dark brown (10YR 2/ 2) silt with 60% gravel, pebble and cobble inclusions. Cultural remains from Layer I consist of 4.4 grams of charcoal and 3. 7 grams of burned kukui nut shell fragments. Haun & Associates Report No. 928-011116133 Haun & Associates Project 928 TMK: (3) 7 3 005:01 Figure 23. Site 29795, Feature C kua'iwi, view to east Figure 24. Site 29795, Feature V kua'iwi, view to west Haun & Associates Report No. 928-011116 34 Haun & Associates Project 928 TMK: (3) 7-3-005:015 0 0.3m TU -1 - North wagprofile 0 1.0m Layer I - Very dark brown 110YR 2/2) silt with 109S gravel, pebble and cobble Inclusions; no cultural remains Figure 25. Profile and photograph of TU -1 Post -excavation 01TU -1 Layer I • Very Oark brawn 110t0 2/ 2) silt with 607E gravel. pebble aro cobble nck.sions, cultural remains present Figure 26. Profile and photograph of TU -2 Haun & Associates Report No. 928-011116; 35 Haun & Associates Project 928 TMK: (3) 7-3-005:015 CONCLUSION Discussion The survey identified seven sites with 36 features. These sites consist of four single feature sites and three complexes with from two to 28 features. The identified features include mounds, kua'iwi, enclosures, walls, a lava tube and a terrace. Feature function includes agriculture, livestock control, habitation/ activity area and temporary habitation. The features conform to the traditional Hawaiian types expected in the Upland Forest Zone (Davis 1977, Cordy 1985) based on previous archaeological work and historic documentary research. As expected, agricultural features, including mounds and kua'iwi were identified. LCA testimony indicates that taro and sweet potatoes were cultivated in the vicinity of the project area. It is possible that several of the sites and features are remnants of inland -seaward oriented kua'iwi that may have once divided the project area into agricultural fields (Figure 27). These possible kua'iwi extend through the northern and southern halves of the parcel. The northern one potentially spanned the area including the Site 29792 wall, the Site 29795 Feature D kuaiwi, and the southern wall of the Site 29793, Feature A enclosure. The southern kua'iwi potentially included the three Site 29795 kua'iwi (Feature C, G and V) and the northern wall of the Site 29790 enclosure. It is possible that the original kua'iwi were historically dismantled to construct the walls at Sites 29790, 29792 and 29793. Evidence of prehistoric habitation was also identified. The Site 29789 lava tube was likely utilized for temporary habitation and the Site 29794 terrace potentially functioned as an activity area. These sites were likely used in conjunction with the agricultural exploitation of the project area. The historic use of the project area is evidenced by the presence of the Site 29791 and 29792 walls and the Site 29793 complex of enclosures. These structures likely functioned to restrict the movement of cattle that grazed within the parcel. Oral historical information confirms use of the parcel for farming and pasture in the last 100 years. Significance Assessments The sites identified during the survey are assessed for significance based on Hawai'i Administrative Rules HAR) §13-284-6. According to (HAR) §13-284-6, a site must possess integrity of location, design, setting, materials, workmanship, feeling, and association and shall meet one or more of the following criteria: 1. Criterion "a". Be associated with events that have made an important contribution to the broad patterns of our history; 2. Criterion "b". Be associated with the lives of persons important in our past; 3. Criterion "c". Embody the distinctive characteristics of a type, period, or method of construction; represent the work of a master; or possess high artistic value; 4. Criterion "d". Have yielded, or is likely to yield, information important for research on prehistory or history; 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. Haun & Associates Report No. 928-011116136 Haun & Associates Report No. 928-011116j 37 tv c A - AB- Agrkultural feature of Site 29795 - Site number pre - fixed by50 -10 -28 - Contour Interval - 40ft Excavator tracks Tr• 1 Kua' iwi 0 o Kaiminani Drive 180 feet Possible former extent of kua' iwi within project area Recently disturbed area f 60 meters I r Project area boundary h p r / lk- 8'/ i - 29792 t! /. ' J/! i / / / i / !!!!. / /. / C.' / 2979q ii ! / / / / / •" f -•"`--.... F /._‘.."--,--.--- r. •- / / / ' • . - - J < i - - -- ' - 9;,,s,,,,- j J r Non cufruraI lava blister 2 Undisturbed area F—--"- 1520 1560 29789 H _ 29790 Area disturbed by adjacent landowner 1600 1 1 4/;;_- 29791', t Modern ' mortared r1 wall + \ 1 , 11 ! r , Hawaii Belt Road — 1640 r TU - 1/ • • sp V ' z-.% -- w Figure 27. Site location map showing possible extent of former kua' iwi within project area Haun & Associates Project 928 TMK: (3) 7-3-005:015 Based on the above criteria, all of the sites are assessed as significant under Criterion "d". These sites have yielded information important for understanding prehistoric to historic land use in project area. Treatment Recommendations The mapping, written descriptions and photography at Sites 29790, 29791, 29792, 29793 and 29795 adequately document them and no further work or preservation is recommended. The two remaining sites retain the potential to yield additional information important for understanding prehistoric and early historic land use. These consist of the Site 29789 lava tube and the Site 29794 terrace. Data recovery is recommended for these sites. The data recovery work will be guided by a data recovery plan prepared for DLNR-SHPD review and acceptance. Haun & Associates Report No. 928-011116 38 Haun & Associates Project 928 TMK: (3) 7-3-005:015 TRANSLATION OF HAWAIIAN WORDS' ahu - altar, shrine or cairn ohupuo'o - traditional Hawaiian land unit usually extending from the uplands to the sea ala loa - highway, main road, belt road around an island, a long road oli'i-chief, chiefess, officer, ruler, monarch, peer, headman, noble, aristocrat, king, queen or commander hale -house, building, institution, lodge, station, hall heiou - pre -Christian place of worship, shrine holua - Sled, especially the ancient sled used on grassy slopes; the sled course konohiki— headman of an ohupuoo land division under the chief kuo'iwi— Long, straight stone wall Kuhina nui - powerful officer in the days of the monarchy Mbhele - land division of 1848 mokai—towards ocean mouka — inland pahoehoe—Smooth, unbroken type of lava, contrasting with a' 6 from Hawaiian Dictionary (Pukui and Elbert 1986) REFERENCES Barrera, W. 1979 Keahole Airport Emergency Service Roads: Archaeological Survey. 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Haun & Associates Project 072 prepared for THY Development, Inc. 2001b Archaeological Inventory Survey, TMK: 03-7- 3-05:112, Land of Ooma 1, North Kona District, Island of Hawai'i. Haun & Associates Project 105 prepared for Mr. Charles Kurtz. 2002a Archaeological Inventory Survey, TMK: 03-7- 3-10:003, Land of Ooma 1, North Kona District, Island of Hawaii. Haun & Associates Project 160 prepared for Mr. David Deluz Sr. 2002b Archaeological Inventory Survey, TMK: 03-7-3-10:029, Land of Kalaoa 4th, North Kona District, Island of Hawaii. Haun & Associates Project 211 prepared for Mr. Dennis Young. Haun & Associates Report No. 928-011116141 Haun & Associates Project 928 TMK: (3) 7- 3-005:015 2003 Archaeological Inventory Survey, TMK: 03-7- 3-23:088, Land of Kalaoa 3, North Kona District, Island of Hawaii. Haun & Associates Project 243 prepared for Inaba Engineering, Hilo, HI. Head, J., and P. 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PHRI Report 1879. Prepared for Queen Liliuokalani Trust. Indices 1929 Indices of Awards Mode by the Board of Land Commissioners to Quiet Land Titles in the Hawaiian Islands. Territory of Hawaii, Honolulu. Kelly, M. 1971 Kekaha: 'Aina Malo'o. A Survey of the Background and History of Kaloka and Kukia, North Kona, Hawaii. Departmental Report Series 71-2. Department of Anthropology, B.P. Bishop Museum, Honolulu. 1983 Na Mala 0 Kona: Gardens of Kona. A History of Land Use in Kona, Hawai'i. Departmental Report Series 83-2. Department of Anthropology, B.P. Bishop Museum, Honolulu. Prepared for the Department of Transportation, State of Hawayi. McGerty, L., and R. Spear 2000 Addendum to Archaeological Inventory Survey, Kalaoa Mauka, North Kona, Island of Hawai'i TMK: 7- 3-05: 98). Scientific Consultant Services, Inc Project Number 186-3. Prepared for 5 & R Construction. Moffat, R. M. and G.L. Kirkpatrick 1994 Surveying the Mahele: Mapping the Hawaiian Land Revolution. Palapala'aina. Editions Limited, Honolulu. Moore, J., M. Maigret, and J. Kennedy 1998 Results of an Archaeological Inventory Survey for a Property Located at Ke'ahole Point in Kalaoa 4th Ahupua'a, North Kona District on the Island of Hawaii. Archaeological Consultants of the Pacific, Inc. Prepared for United States Coast Guard, Maintenance & Logistics Command Pacific. Haun & Associates Report No. 928-0111161 42 Haun & Associates Project 928 TMK: (3) 7-3-005:015 NR n. d. NT 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. Native Testimony Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawaii State Archives. Newman, T. 1970 Archaeological Inspection of the Old Kona Airport, Memo to Gene Renard. State of Hawaii, Department of Land and Natural Resources, Honolulu. Pukui, M., S. Elbert and E. Mookini 1976 Place Names of Hawaii. University of Hawaii Press, Honolulu Pukui, M.K. Kawena and 5. Elbert 1986 Hawaiian Dictionary. Revised and enlarged edition. University of Hawaii Press, Honolulu. Rechtman, B. 2006 Archaeological Assessment, TMK: 3-7-3-04:011, Kalaoa 5, North Kona District, Rechtman Consulting report prepared for Seascape Development LLC (RC -0433). Roberts, A., and 5. Roberts 2000 Archaeological Data Recovery for Sites: 50-10-27-10211,212 and 213, for the Natural Energy Laboratory of Hawaii Authority, Kalaoa 5 Ahupua'a, Ke-ahole Point, North Kona District, Island of Hawaii. Garcia and Associates (GANDA). Prepared for Natural Energy Laboratory of Hawaii Authority. Rogers-Jourdane, E. 1978 Archaeological Reconnaissance Survey of NELH Proposed Facilities Areas at Keahole Point, North Kona. Dept. of Anthro., B.P. Bishop Museum. Prepared for the Research Corp. of the University of Hawaii. Rosendahl, M. 1989 Archaeological Inventory Survey, Kohana-iki Resort Water Development Project Area, Land of O oma 2, District of North Kona, Island of Hawaii. PHRI Report 477.Prepared for M&E Pacific, Inc. Rosendahl, P. 1973 Archaeological Salvage of the Keahole to Anaehoomalu Section of the Kailua-Kawaihae Road Queen Kaahumanu Highway), Island of Hawaii. Prepared for Department of Transportation, State of Hawaii. 1980 Intensive Archaeological Survey and Salvage Excavations at the Natural Energy Laboratory Hawaii (NELH) Site, Ke-ahole Point, North Kona, Hawaii Island. PHRI Report 2. Prepared for the Research Corp. of the University of Hawaii. Rosendahl, P., and P. Kirch 1975 Archaeological Reconnaissance Survey of the Ke-ahole Point Natural Energy Laboratory Site, North Kona, Hawaii Island. Dept. of Anthro. B. P. Bishop Museum. Prepared for R.M. Towill Corp. Haun & Associates Report No. 928-011116143 Haun & Associates Project 928 TMK: (3) 7- 3-005:015 Sato, H, W. Ikeda, R. Paeth, R. Smythe, and M. Takehiro 1973 Soil Survey of the Island of Hawaii, United States Department of Agriculture, Soil Conservation Service, In Cooperation with the University of Hawaii Agricultural Experiment Station. Schilt, R. 1984 Subsistence and Conflict in Kona, Hawaii. Departmental Report Series 84-1. Department of Anthropology, B. P. Bishop Museum. Prepared for Department of Transportation. Speakman, C.E., Jr. 1978 An Informal History of the Hawaiian island. San Rafael: Pueo Press. Soehren, L. 1982 Letter Report of an Archaeological and Historical Reconnaissance Survey of TMK: 7-3-05:13, Kalaoa 4, North Kona, Hawaii. Historic Sites Section (H-282), Division of State Parks, department of Land and Natural Resources, State of Hawaii 1985 Alanui Kauhini, Kalaoa 4, North Kona, Hawai'i (TMK: 3- 7-3- 10:33. Kilo Aina. Prepared for Wes Thomas & Associates, Inc. Telea, L., and M. Rosendahl 1987 Archaeological Reconnaissance Survey, Kona Palisades Subdivision Parcel, Land of Kalaoa 4, North Kona, Island of Hawaii (TMK: 3- 7- 3-05: 86). PHRI Report 379. Prepared for Dr. Ernest Sakamoto. Thompson, L. and 5. Goodfellow 1992 Archaeological Mitigation Program, Kona Palisades Development Parcel, Phase 11 - Archaeological Data Recovery, Land of Kalaoa 4, North Kona, District, Island of Hawaii (TMK: 3-7-3-05: 86). PHRI Report 1094-031792. Prepared for Ken World, Inc. Waihona'Aina Corporation 2000 The Mahele Database, Waihona.com Walker, A., and A. Haun 1987 Archaeological Reconnaissance Survey, Kona Palisades Subdivision Parcel, Land of Kalaoa 4, North Kona District, Island of Hawaii (TMK: 3-7-3- 05: 87. PHRI Report 346. Prepared for Gallup & Van Pernis, Kailua-Kona. 1988 Limited Archaeological Data Recovery, Kona Palisades Subdivision Parcel, Land of Kalaoa 4, North Kona District, Island of Hawaii (TMK: 3- 7- 3-05:87). PHRI Report 452. Prepared for Gallup & Van Pernis, Kailua-Kona. Walker, A., and P. Rosendahl 1989 Archaeological Inventory Survey, Pu'uhonua Subdivision Development Parcel, Land of Kalaoa 5, North Kona District, Island of Hawaii (TMK:3-7- 3-10:por 27). PHRI Report 490. Prepared for Haseko (Hawaii), Inc. 1990a Archaeological Inventory Survey, Phase I Site Identification, Doma 2 Water System Development Project Area (TMK: 7-3- 09:5). PHRI Report 802. Prepared for Nansay Hawaii, Inc. Haun & Associates Report No. 928-011116144 Haun & Associates Project 928 TMK: (317-3-005:015 1990b Archaeological Inventory Survey, Kona Palisades Development Parcel, Land of Kalaoa 4th, North Kona District, Island of Hawaii (TMK: 3-7- 3-05: 86). PHRI Report 806. Prepared for Ken World, Inc. 1990c Archaeological Inventory Survey, Kona Palisades Development Parcel, Land of Kalaoa 4`h, North Kona District, Island of Hawaii (TMK: 3- 7- 3-05:87). PHRI Report 452. Prepared for Gallup and Van Pernis. Walsh, P., and H. Hammatt 1995 An Archaeological Inventory Survey of the New Queen Kaahumanu Highway Right of Way Between Palani Road and Keahole Airport, Within the Ahupua'a of Keahuolu, Kealakehe, Honokohau, Kaloko, Kohanaiki, O'oma 2, Kalaoa-O'oma, and Kalaoa 104, North Kona District, Hawaii Island. Prepared by Cultural Surveys Hawaii for R.M. Towill. Wolfe, E., and J. Morris 2001 Geological Map of the Island of Hawaii. U.S. Department of the Interior. U.5 Geological Survey Haun & Associates Report No. 928-011116145 DAVID 1. IGE January 25, 2016 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUI IIIIE WA BUILDING 601 KAMOKII.A 13LVU. sit:555 KAPOLHI. HAWAII 96707 SUZANNE INCASE KFlKOA KALI'HMA JEFFREY T. PEARSON Alan Haun, PhD Log No. 2015.02304 Haun and Associates Doc. No. 1601 KM I4 73-1168 Kahua A'o Road Archaeology Kailua-Kona, Hawaii 96740 Dear Dr. Haun, SUBJECT: Chapter 6E-42 Historic Preservation Review — Archaeologieal Inventory Survey for 3.992 Acre lot Kalaloa 5 Ahupua'a, North Kona District, Island of Hawaii TM K: (3) 7-3-005:015 Thank you for the opportunity to review the report titled Archaeological /nvenlony Survey: TAUS': ( 3/ 7-3-006:075; Kalaloa 5 Ahupua'a. North Kona District, Island of Hawaii (Haun and Henry, June 2013). SHPD received the original draft on June 19, 2013 (Log No. 2013.03917), and received a letter from Richard Stewart regarding supplemental information pertaining to the on October 23, 2015 (Log No. 2015.03844). SHPD requested minor revisions via email on January 9. 2016, and received the revised report via email on January 11, 2016 ( Log No. 2015.02304). The archaeological inventory survey was conducted for a 3.992 -acre lot in a suburban area between Mamalahoa Highway (Hawaii Belt Road) and Ihumoe Street. The landowner, Richard Stewart, purchased the subject parcel in 2009 and is proposing to subdivide this property into a six lot parcel and rezone the property from agricultural usage to residential/agricultural (RA) for future development purposes. In response to the rezoning application the State Historic Preservation Division (SHPD) conducted a site visit of the property and determined an archaeologic& inventory survey (AIS) was warranted to identify any potential surface or subsurface historic properties. SHPD further indicated that the AIS needed to be submitted for SHPD review and acceptance prior to final subdivision approval and any ground disturbing activities (Log No. 2009.4075, Doc. No, 0911 MD02). Prior to the AIS being conducted, the landowner. Mr. Stewart, visited the property and had work done to remove vegetation covering much of the property. Approximately 2.834 acres were cleared primarily along the northern boundary and extending into the central portion of the property. The clearing activities were done between February 2 and 20, 2013 using a chipping attachment on a track -mounted excavator machine. Upon completion of the clearing activities, the County of Hawaii issued a Correction Notice on February 23. 2013, preventing further clearing activities and prompting removal of the machine (October 21, 2015, letter correspondence, Richard Stewart). Pursuant to Hawaii Revised Statutes (HRS) 6E -I I(c) it was determined that Mr. Stewart had not submitted a grubbing permit for SHPD review and approval and was found to be in violation of Hawaii Administrative Rules HAR) § 11-55. SHPD determined a number of agricultural sites within the property had been adversely impacted by the clearing work and consequently, Mr. Steward was fined a total of$9,400 for which he paid in full. The AIS was conducted by Haun & Associates at the request of the landowner, Richard Stewart. The AIS was completed for the entire 3.992 -acre property parcel. The AIS was conducted after the aforementioned clearing activities had occurred and impacted agricultural sites on the property. As earlier stated, a total of 2.834 acres were EXHIBIT B Mr. Arakaki October 22. 2015 Page 2 cleared with the remaining 1.077 acres consisting of various overgrown vegetation. Fieldwork for the AIS included a 100% pedestrian survey and subsurface testing involving excavation of three test units (TU -1 through TU -3). The summary of previous archaeological studies conducted west of the project area identified 484 sites with nearly 5000 features, indicating a density of archaeological resources in the general vicinity. The pedestrian survey identified a total of seven sites (Sites 50-10-28-29789. 29790, 29791, 29792, 29793, 29794, and 29795). The sites are summarized in Table 1. Table 1. Summary of historic properties identified Site No. of Features Function '. Estimated Age Description . 29789 1 Temporary habitation pre -Contact Lava tube system with several passages; contained burned and unburned kukui nut shell fragments 29790 1 Agricultural pre -Contact Remnant rock wall enclosure measures 18.7 m long by 11.6 m wide 29791 I Animal husbandry Historic Remnant stone wall west of Mamalahoa Highway is largely collapsed; measures 18.5 m long by 4.6- 6. 3 m wide; possibly utilized for cattle control 29792 2 Animal husbandry Historic Large, L-shaped and faced wall 13. 8 m by 21 m; possibly utilized for cattle control 29793 2 Animal husbandry Historic Complex of two large stone enclosures; possibly utilized for cattle control 29794 I Habitation/activity area pre -Contact Large terrace structure measures 7. 9 m long by 6. 2 m wide; possibly utilized for plant processing 29795 28 Agricultural Historic Complex of agricultural mounds for planting and delineation purposes; considered element of overall Kona Field System (Site 6601) A total of three lest uni s including TU -I, Tl -2. and TU -3 were excavated. TU -1 was conducted between Site 29795 Features N and 0, while TU -2 was conducted 3 m south of She 29795 Feature C. TU -3 was excavated within the northwest portion of the ten -ace Site 29794. No cultural material was encountered during excavation for TU -1 and TU -2; TU -3 documented 17 volcanic glass flakes, charcoal. and burned kukui nut shell fragments. No other cultural material was observed other than the material collected from TU -3 and the kukui nut shell fragments at Site 29789. The AIS documented varying degrees of disturbance for all the sites identified in the project area with the exception of the lava tube (Site 29789). Site 29790 is partially collapsed in areas and the southem end was heavily impacted by construction activities on the adjacent lot. Site 29791 is intact in its southern portion but has been possibly impacted by the recent clearing activities as well as by the construction of Mamalahia Highway. Sites 29792, 29793, 29794, and 29795 have been impacted by the recent clearing activities with evidence of the excavator tracks cutting across features. Documents provided by Mr. Stewart (October 21, 2015. letter correspondence. Log No. 2015.03844) dispute the damage with information provided by the previous landowner. Reverend Norman Akahi Keanaaina. Mr. Keanaaina explained that his family originally received the land as a portion of Land Grant 2290. and had occupied and tended the land for over 117 years. Keanaaina recalled there having been no family burials or archaeological sites and further stated that damage to rock walls likely resulted from cattle, other livestock. and human activities including scavenging rocks to create various structures in other areas. Overall, the AIS considers Sites 29789, 29790, 29791, 29792, 29793. 29794. and 29795 to consist of four single feature sites and three complexes. The sites variously date from the pre -Contact to Historic period and were utilized for agricultural, habitation and activity areas, and animal husbandry purposes. Pursuant to HAR 613-284-6. all of the sites were determined significant under Criterion "d" for their information potential. Additionally, Site 29795 is considered to be an element of a larger complex, the Kona Field System (Site 6601). The report recommends archaeological data recovery for Site 29789 (lava tube) and Site 29794 (terraces), and no further work or preservation for Sites 29790, 29791, 29792, 29793, and 29795. Pursuant to HAR §13-284-7. the project effect recommendation is "effect, with proposed mitigation commitments." SHPD concurs with the site significance assessments and with the effect determination with mitigation in the form of archaeological data recovery involving Mr. Arakaki October 22, 2015 Page 3 excavation at Sites 29789 and 29794. SHPD also concurs with the mitigation recommendation of no further work for Sites 29790, 29791, 29792, 29793, and 2979 per HAR §I3-284-8. The AIS report provides sufficient discussion of the project, physical environment. cultural and historical background, previous archaeological studies. methods and field findings. It meets the requirements specified in HAR §13-276-5. The report is accepted by the SHPD. Please send one hardcopy of the document, clearly marked FINAL, along with a copy of this review letter and a text -searchable PDF version on CD to the Kapolei SHPD office, attention SHPD Library. As stipulated in HAR §I 3-284-7( e), when SHPD comments that the project will have an "effect, with agreed upon mitigation commitments," then detailed mitigation plans shall be developed for SHPD review and acceptance. The agreed-upon mitigation measure for this project include data recovery in the form of controlled excavation. Pursuant to HAR §13-284-8, SHPD looks forward to receiving an archaeological data recovery plan that meets HAR 13-278-3 for review and acceptance prior to the approval of any rezoning and/or subdivision application or the commencement of any project related work. Please contact me at (808) 692-8019 or at Susan.A.Lebo@hawaii.gov if you have any questions or concerns regarding this letter. Aloha, e\IZLoiro Susan A. Lebo, PhD Archaeology Branch Chief cc: Richard Stewart 78-7118A Puuloa Road Kailua-Kona, HI 96740 restewart(all uv-it.com Report 1324-102516 FINAL ARCHAEOLOGICAL SITE PRESERVATION PLAN SITES 50-10-28-29789 AND 29794 KALAOA 5 AHUPUAA NORTH KONA DISTRICT ISLAND OF HAWAII TMK: (3) 7-3-005:015 HAUN & ASSOCIATES ARCHAEOLOGICAL, CULTURAL, AND HISTORICAL RESOURCE MANAGEMENT SERVICES 73-1 1 68 KAHUNA At ROAD, KAILUA-KONA HI 96740 PHONE: 808-325-2402 FAX: 808-325-1 520 Exhibit C Report 1324-102516 FINAL ARCHAEOLOGICAL SITE PRESERVATION PLAN SITES 50-10-28-29789 AND 29794 KALAOA 5 AHUPUA'A NORTH KONA DISTRICT ISLAND OF HAWAI'I TMK: (3) 7-3-005:015 By: Alan E. Haun, Ph.D. and Dave Henry, B. S. Prepared for: Richard Stewart 78-7178a Puu Loa Road Kailua-Kona, Hawaii 96740 August 2016 Revised October 2016 HAUN & ASSOCIATES ARCHAEOLOGICAL, CULTURAL, AND HISTORICAL RESOURCE MANAGEMENT SERVICES 73-1168 KAHUNA A O ROAD, KAILUA-KONA HI 96740 PHONE: 808-325-2402 FAX: 808-325-1520 1MK'.(3) 7- 3-005: 015 Report No.1324-102516 MANAGEMENT SUMMARY This Archaeological Site Preservation Plan addresses provisions for the preservation of two sites located within a proposed 0.12 acre archaeological preserve in TMK: (3) 7- 3-005:015. The project area is a 3.992 acre parcel in Kalaoa 5 Ahupua'a, North Kona District, Hawaii Island. The preservation sites consist of a temporary habitation lava tube (Site 50- 10-28-29789) and a habitation/ activity area terrace (Site 29794). Project Proponent: Richard Stewart Project Description: Proposed development of a six lot subdivision Project Location: TMK: (3) 7- 3-005:015, Kalaoa SAhupua'a, North Kona District, Hawaii Island Project Acreage: 3.992 acres Land Jurisdiction: Owned in fee simple by Richard Stewart Plan Proposal: Identification of preservation sites, appropriate form of preservation, and conservation measures Preservation Site: Site 50- 10-28-29789 — temporary habitation lava tube Site 50-10-28-29794 — habitation/activity area terrace HAUN & ASSOCIATES 1 u IMK:(3) 1-3-005: 015 Report No.1324-102516 CONTENTS MANAGEMENT SUMMARY INTRODUCTION 1 Project Identification 1 Plan Purpose 1 BACKGROUND 1 Project Area Environment 1 Previous Archaeological Work within the Project Area 7 Historic Documentary Research 7 Consultation 14 IDENTIFICATION OF THE PRESERVATION SITES 17 PRESERVATION PLAN 19 Forms of Preservation 19 Conservation Measures 22 Preservation buffers 22 Access 22 TRANSLATION OF HAWAIIAN WORDS 23 REFERENCES 23 JANUARY 25, 2016 SHPD LETTER 26 FIGURES Figure 1. Portion of Kailua 1998 USGS 7.5' quadrangle showing project area 2 Figure 2. Tax Map Key 7- 3-05 showing project area 3 Figure 3. 2009 aerial view of project area (from Google Earth) 4 Figure 4. Haun and Henry (2016) site location map 5 Figure 5. Recently cleared area, view to northeast 6 Figure 6. Forested area, view to southwest 6 Figure 7. Ahupua'a boundaries and Land Commission Awards 8 Figure 8. 1894 map of Homestead Lot 47 showing Lot 6 and Alanui Kauhini (from Soehren 1985:3) 12 Figure 9. Portion of Emerson's late 1880s Hawaii Territory Survey Map - Register Map 1280 13 Figure 10. Wall's 1906 Hawaii Territory Survey, Kalaoa School Lots - Register Map 2349 15 Figure 11. Portion of 1924 USGS Kalaoa Quadrangle 16 Figure 12. Site 29789 plan map and photograph 18 Figure 13. Site 29794 plan map and photograph 20 Figure 14. Tentative subdivision plan showing proposed archaeological preserve with Sites 29789 and 29794 21 HAUN & ASSOCIATES 1 111 TMK (3) 7-3 005'. 015 Report No -1324-081716 INTRODUCTION Project identification Haun & Associates prepared this Archaeological Site Preservation Plan at the request of the landowner, Richard Stewart. The preservation sites were originally approved for data recovery in the SHPD-accepted (Log No: 2015.02304; Doc No: 1601KM14) archaeological inventory survey; however, the landowner has elected to preserve the sites. The sites are located in the 3.992 acre TMK: (3) 7- 3-005:015, Kalaoa 5 Ahupua'a, North Kona District, Hawaii Island (Figure 1 and Figure 2). This preservation plan was prepared in accordance with the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD) Rules Governing Requirements for Archaeological Site Preservation and Development in Hawaii Administrative Rules (HAR) Title 13, Subtitle 13, Chapter 277 (DLNR 2003). Plan Purpose The proposed development of the parcel is fora six lot housing subdivision (see Figure 14). This plan explains the timing of the protection measures required to ensure the physical integrity of the sites, describes the sites, and identifies the form of preservation. BACKGROUND Project Area Environment The project area is a 3.992 -acre parcel located in Kalaoa 5 Ahupua'a between approximately the 1,510 ft and 1,640 ft elevation. The project area is bordered by the Hawaii Belt Road to the east, by the backyards of existing houses to the north and west and by Ihumoe Street and by the backyard of a house to the south. The terrain within the project area slopes slightly to moderately to the west. Figure 3 is an aerial view of the project area, taken in November 2009. Large portions of the project area were recently cleared (Figure 4). According to the landowner, the clearing was done to reduce the wildfire hazard for the surrounding residences and to discourage unauthorized use of the property. The clearing was done using a chipping device attached to a tracked excavator that shredded the forest vegetation, leaving behind a mat of woody debris (Figure 5). This cleared area comprises 2.834 acres or 71% of the project area. A low mound of machine -piled boulders created during the recent clearing is located in the southwestern portion of the parcel. An area of prior disturbance is located along the southern project area boundary in the inland portion of the parcel 0.079 -acres or 2%). This area appears to have been cleared by a bulldozer, likely associated with construction activity on an adjacent parcel (see Figure 4). The remaining 1.077 acres (27%) are forested primarily with secondary growth vegetation indicating that it was potentially cleared in the past. This vegetation consists of strawberry guava (Psidium cattleionum), silver oak (Grevillea robusto), jacaranda (Jacaranda acutifolia), Christmas berry (Schinus terebinthifolius), kukui (Aleurites moluccana), o'hio trees (Metrosideros polymorphs(, ti (Cordyline fruticosa) plants and grasses and vines. A portion of the forested area is depicted in Figure 6. The property terrain slopes slightly to moderately to the west. According to Sato et al. (1973:48), the soil type is Punaluu Extremely Rocky Peat (rPTD) on 6-20% slopes. This soil is characterized by a 4 inch thick surface layer of black peat overlying pahoehoe lava with exposed outcrops occupying 40 to 50% of the ground surface. The soil has a rapid permeability, a slow runoff potential and a slight erosional hazard and is classified as suitable for pasture. The underlying lava was deposited from Hualalai Volcano between 3,000 to 5,000 years ago (Wolfe and Morris 2001). HAUN & ASSOCIATES 1 1 saiviDossy )gNnVHN Figure 1. Portion of Kailua 1998 USGS 7. 5' quadrangle showing project area saidiDossd )8NnVH Figure 2. Tax Map Key 7- 3- 05 showing project area MIRO GI tRICT 20NE SEC. lAT 7 3 OS Ar,!.."-, 7/ T,_ TG . CONTAINING PARC 61.3 SUBJECT TO CHANGE 4 TMK:(3) 7-3-005:015 Report No.1324-081716 I. =..a:. 7 i .`'7 r r r r rr , .. Y___. I1. :4. i r• CL i d - 2114 i t AUN : • SSOCIATES figure 3. 2009aerialviewofprojectarea (fromGoo:leEarth SIsaiVIDossyNnvH Figure 4. Haun and Henry ( 2016) site location map A - AB= Agricultural feature of Site 29795 Site number pre - fixed by50.10.28- Contour interval = 40ft Excavator tracks 0), Kua' lwi 29793 1—.7"/ cleared 1 / / / / / / r2 b; A/////// moi/ Ti/ r// / SAP //////// C / TU - 2 1560 0 180 feet 1640 1 0 Kalminani OryVe 1Recently! ld area JI '„' Project J / / / / / / / 1 / / JTi -.— Q/////////////////////////////////// 2979 / / / / / / / / / / / / / / / / / / / / / I 2v ././/////////////.////////////,•// 71, M-. /// r , 2'9' 794,// x., 60 metes I area boundary I i Tr- , , l N'// ii • i1 f/ ro ; g • S-; Y / i / - II R T ; 29791 7U- 1 p-----.', " 4 / / /•' V . / / U / A,,,,,,,,,,;' 7, -,z 2• YOX W ,. Mr PB Modem m 1 mortared wall Hawaii Belt Road — r / / / / / / y/////// // Y////////// ///////////// L 7 ///// 1/ / / / / / Low mound of Lnachin. piledboulders N J _ j S 1520 l"" /,////////// / i :', 7E • / / / / G J Non - cultural lava blister Forested area F. ' 29789 H 29790 lhumoeStreet //////// jf Area disturbed by adjacent landowner 1600 r Figure 4. Haun and Henry ( 2016) site location map TMK:(3) 7-3-005:015 Report No.1324-081716 Figure 5. Recently cleared area, view to northeast Figure 6. Forested area, view to southwest HAUN & ASSOCIATES 16 TMK:(3) 7-3-005:015 Report No.1324-081716 Annual rainfall in the vicinity of the project area ranges from 750 to 1,350 mm (29.5 to 53 inches; Giambelluca et al. 2013). The mean average temperature in this general area is c. 75 degrees F (Juvik and Juvik 1989:51). There are no surface water sources present in the project area. Previous Archaeological Work within the Project Area The project area was subjected to an archaeological inventory survey (AIS) by Haun & Associates (Haun and Henry 2016). This project identified seven sites with a total of 36 features. The sites consist of a pre-contact/early post - contact temporary habitation terrace (Site 50-10-28-297891), a pre-contact/ early post -contact agricultural enclosure (Site 29790), an historic livestock control wall (Site 29791), a complex of two historic livestock control walls (Site 29792), a complex of two historic livestock control enclosures (Site 29793), a pre-contact/early post - contact habitation/ activity area terrace (Site 29794) and a complex of 28 historic agricultural features (Site 29795). The location of the sites is shown in Figure 4. All of the sites were assessed as significant under Criterion "d" for their information content. The sites have yielded information important for understanding prehistoric habitation, agriculture and ranching activity within the area. The mapping, written descriptions and photography at five sites (Sites 29790, 29791, 29792, 29793 and 29795) adequately documented them and no further work or preservation was recommended. The two remaining sites Sites 29789 and 29794) retain the potential to yield additional information important for understanding prehistoric and early historic land use. These sites were recommended for data recovery by Haun and Henry 2016:38). This report was reviewed and accepted by SHPD in a January 25, 2016 letter (Log No. 2015.02304, Doc. No. 1601KM14; Appendix A). Following SHPD acceptance of the Haun and Henry (2016) report, the landowner decided to preserve Sites 29789 and 29794. This preservation plan details the proposed treatments for these two sites. Historic Documentary Research Kalaoa is literally translated as "the choker (as a stick for catching eels)" (Pukui et al. 1976:75). Coastal Kalaoa lies within the lava -covered land north of Kailua called Kekaha, which "describes a dry, sun -baked land" (Kelly 1971:2). Kalaoa is divided into Kalaoa 1-5 from north to south, bordered by Hamanamana Ahupua'a to the north and by O'oma 1 to the south (Figure 7). The Kalaoa's extend from the shoreline surrounding Keahole Point inland to approximately 2,200 ft elevation, terminating at the Honuaula State Forest Reserve. There is little mention of Kalaoa in Hawaiian legendary and traditional history. Henry et al. (1993) summarize the limited references. Kalaoa is mentioned in legends of two mythical brothers, Ka-Miki and Maka-' iole. The legends were published by Hawaiian historians J.W.H.I. Kihe and John Wise between 1914 and 1917 in the Hawaiian - language newspaper Ka Hoku o Hawaii and translated by Kepa Maly. According to Henry et al.: The great fishpond call Pa'aiea extended from Ka'elehuluhulu near Mahai'ula to Wawaloli [at Puhili Point] on the border of 'O'oma, the pond was nearly three miles long and a half a mile wide. 1 All sites listed on the State Inventory of Historic Places (SIHP). Site numbers are 5 digit sequential numbers by island : 50 = State of Hawai'i, 10= Island of Hawaii, 37= Kealakekua quadrangle HAUN & ASSOCIATES 17 SIsaldioosSV )8NnVH Figure 7. Ahupua' a boundaries and Land Commission Awards V 0 0 0 CD 0 z 0 w 0 CO V Ol N I f- - QueenKaafiumanu Highway o 6000ft yal _ hi v 7 —\ t. r` o naMana w --. 44akd4id Contour D It Keahole 1 <, Airport C Interval 80ft Highway 2000m Kalaoa 14 T ---- ttlarlia Point mi_vo mini• ma mewl A j Kalaoa 5 --_ r LCA 7937 1 bo j-___ Obma 320 1— 280 O' oma 2 Kohana Iki 360 600 520 600 f 111 ao A 7\ I 1 to aft 1 1000 11160 20 l I 60 Project 4 1 1720 area Honuaula State ReserveForest_ noo Figure 7. Ahupua' a boundaries and Land Commission Awards V 0 0 0 CD 0 z 0 w 0 CO V Ol TMK:(3) 7 3005:015 Report No.1324-081716 The guardian's compounds were situated at Ka'elehuluhulu and Ho'ona [at Kalaoa]. It was at these places that the pond guardians and konohiki dwelt. At these sites were also the supply houses of the chief... (Henry et al. 1993:21) Kaluaolapa was the priest of Kamahoe, which is also called Na Kalaoa-wai-' ole (the waterless Kalaoa lands) and Hale'ohi'u. The chief of Kalaoa was Kahouhale, his wife was Malumaluiki, and their son was named Kahokukahi. Following the dedication of Ka -Mikis compound at Ka'aipua'a at Konhana-iki), Kahokukahi was a competitor at 'Iwa'awa'a, the contest site of Pohaku-o-Kane, in the lands of Kohana-iki. During the contests, all competitors surrendered before Ka -Mikis superior skills. When Ka -Mill and his brother were traveling through Hilo, they met with and competed against the chiefess-riddler Kalaoa, and the lands of Kalaoa, in Hilo and Kona, were named for her... 1993:25) Kapukalua, the brother of Kapaihilani, and uncle of Ka-Miki ma, was an expert fisherman and a priest in the Kohanaiki-O'oma area; his canoes were embraced in the sea -mist of the ocean god Apoula. Because of his skills and status, Kapukalua secured Kauhionohua, the beautiful fair -skinned chiefess of O'oma, as his wife. The priest, Puhili, served under Pohaku-o-Kane, father of Ka-Miki and Maka-iole, and officiated over certain rituals of Kohanaiki and O'oma. The lands between Kohanaiki and O'oma, where the priest dwelt, now bear his name. (Henry et al. 1993:27- 28) Ellis (1963:31) reported the observations of the Reverends Thurston and Bishop during a walk along the coast north from Kailua in 1823. They described houses along the coast built on lava and small gardens in the lava where sweet potatoes, watermelon, and tobacco were grown. 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 10th day of December, AD 1845." Notices were frequently posted in The Polynesian Moffat and Kirkpatrick, 1995); however, the legislature did not acknowledge this act until June 7, 1848 (Chinen 1958:16; Moffat and Kirkpatrick 1995:48-49) and the act is known today as The Great Mdhele. 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. During the Mahele, Kalaoa Ahupua'a ( 1- 5) became government land (Indices 1929: 31, 35). 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.); indicate that ten individuals claimed sixteen parcels in the Kalaoa's, but only two parcels in Kalaoa 5 were awarded (LCAs 7899 and 7937). Table 1 lists the claimed parcels and the locations of the awarded parcels are shown on Figure 7. The limited data on parcel area ranges from 4.8 to 6.0 acres, excluding a 0.81 ac house lot. One parcel was conveyed in 1841, one in 1843, and one in 1848. Two parcels were given by Kaainoa, and one each was given by Kaluaonaona, Kapaa, and Kamehameha I. Five claimed parcels included houses, one of which was partially enclosed. Thirty-two cultivated plots (kihopai) are listed for the parcels. Taro and sweet potatoes are the only HAUN & ASSOCIATES I 9 01IsaLviaOSSyNIIVH Table 1. Land Commission Awards In Kalaoa Ahupua' a 814. ur" i 4111W ONSOMI843LYS, N/D N/D S.; wTC' N/D i•• N/D i'3.kz Kam I 4. Fa..: v rS; N/0 NR475v2 t mimed entre abupuaa esl Niemen 0 a Kalaoa N/D N/D N/0 7899 Kupae 2 1 0 Kadin° a 575 NR 4514. NT 540v0 awarded parcel in Kalaoa 5 Kalaoa 0 N/D 8 krhapai N/0 N/0 N/0 N/0 rcalaw5 Kaweo p. malpenaoeee house lot 12 Fl haps] Kelm Na leolono Kahauea la Dpuakue 7906 Kale' 1 0 0 Kalaoa4 Warlele N/D N/0 N/0 N/0 N/0 NM N/D NR471' s claimant v""` h°°l superintend am 7926 Kana hele 1 0 0 Ka law 5 N/0 house lot N/0 N/D N/0 N/0 N/D N/0 0.80 NR 510v0 Kalaoa 5 described as being In leleohoku ahupua' a 7937 Kukaaui 2 1 0 9FIM1apal 1848 rcaluaonaona 00I Nil 8 539v4 Kahuku described asan entirein the corner pt Kalaoa 5, Leleiohoku described as owner of ahupua Ja Kalaoa4 N/D N/0 N/D N/D N/D N/D Kalaoa 5 Kahuku Kaupulehu Kawao Ki halau Kahuku 7938 Ka i kelea ukal 1 0 0 Xalaoa 4 N/0 house lot N/D N/0 N/D N/0 N/0 Kaa' noa 6.00 NB 516v9 7939 Ka nhele 1 0 0 Ka laoa 5 N/0 N/D KaIulu Kaholo 2 Keahole Halelono WO N/0 N/D NR 516v9 claimed entire ill 9239 Kaa Inca d 0 0 Ka law O Ha l rol° no. Kamuku N/0 Kaloab a Kalaoa 5 Kal uaola pa Ka laoa 3 N/0 W0 N/0 NIS 545v8 claimed 211i 10337Mamble 3 0 0 KalawO 3 kr hapa I. kalo. sweet potatoes 1841 Kapaa N/D NR 590x8, NT 681vB 1 Kahuku house lot konohi kr fence road konohiki 3 Ka muku NO road Ka huku konohiki konohlki 10401 John Nawahre 1 0 0 Kalaoa N/D house lot N/D N/D N/0 N/D N/0 N/0 0.81 NR595ve 10523 NavnM1M1le 1 0 0 Kalaoa 4 Kaiwaiholehole forest N/D N/D N/0 N/D N/0 N/0 N/D MI 597v8 10695 Pains 1 0 0 Kalaoa ppuaka hal N/D Ka wholehole Kamuku Poona Kealaehu N/D N/D N/0 NR 600v8 claimed entire 11i NDap data 1.0 77 77 z TMK:(3) 7- 3-005: 015 Report No 324-081716 crops mentioned. The two awarded parcels are situated between 1,200 ft and 1,400 ft elevation and itis probable that the other claims were also for upland parcels. LCA 10523 is described as forest land. Soehren (1985) indicates that the Hawaiian Government began selling land in the vicinity of the project area in 1852. The parcels ranged from 0.5 to 515 acres with an average of 50 acres. Most of the land bordering the olaioa inland, which later became the Mamalahoa Highway, at approximately 1,700 ft elevation, was sold by 1866. A road at approximately 1,100 ft elevation, Alonui Kauila provided access to the seaward sides of the parcels bordering the alaloa inland. A lower branch of the Alanui Kauilo was Alanui Kama, which subsequently became Ahiahi Street. Atonal Kouhini was an inland -seaward road seaward of the Mamalahoa Highway that formed the boundary between Homestead Lots 46 and 47 (Figure 8). Henry et al. (1993) quote an 1865 letter by Wiltse to the Interior Department regarding his assessment of available lands in Kona: Hamanamana, Kalaoa 1" & 2°d — Adjoining lands. These lands extend some distance into the forest, but a piece of them below the forest and mauka of the Govt. Road have been sold and Patented, 204Ac. Makai of Road I have surveyed and bargained to sell for 50 cts per Ac. This piece is used as a goat pasture, and is of little value for any other purpose. The remaining part of these lands, about 500 Ac., is of little value. Kalaoa 3rd & 4ih —About 200 Ac., of 3rd rate land, 300 Ac. of rocks. Kalaoa 5`h — Not in the mahele book but believed to be good land. This land above the Govt. Road has been sold and Patented. Below the road I have surveyed 515 acres which was sold by Sheldon to "Kaakau" & "Kama": who payed him $165.00. As no valuation was made of this land per acre by Sheldon I afterwards valued it myself as follows, 300 Ac. At 50 cts per Ac., 215 Ac. At 25 cts per Ac. The balance due according to this valuation including Patent was $42. 75 which was payed to me in March 1864 and forwarded by me to your office. The survey of this land is in your office. If the payments made are satisfactory, these men would be very glad to get their Patent. This is a piece of 31-d rate land, used only as a goat pasture, no improvements on it. Makai of this survey is about 400 Ac. remaining to the Govt., but of very little value. (Henry et al. 1993: 34) Henry et al. (1993:36) cite a letter sent to the government land surveyor William D. Alexander in 1888 by thirty- three Hawaiians applying to acquire government lands from O'oma to Hamanamana. The request indicated that the applicant's current land holdings were too small for grazing goats because of the lack of soil. The additional land would enable the applicants to sustain themselves. 1.5. Emerson's 1888 field notes, prepared in conjunction with his survey of the Hawaii Territory Survey Map of the Kailua area (Register Map 1280; Figure 9), were reviewed by Henry et al. (1993:37). The notes contain references to six survey stations in Kalaoa: Station "Ke-ana-lele" (The leaping cave) This site in Kalaoa 2"d is a water cave (p. 14) Station "Kuanahia" The ohu of Kuanahia is on the side of a stone wall mauka of the government road in Kalaoa 111 The station was named for a famous warrior -chieftain of Kamehameha I, and he once had a house among the trees behind the station (pp. 40- 50). HAUN & ASSOCIATES I 1 I IMK:(3) 1-3-005-015 Repo No.1324-081116 Figure 8. 1894 map of Homestead Lot 47 showing Lot 6 and Alanui Kauhini (from Soehren 1985:3) HAUN & ASSOCIATES I 12 Is1.idisossy ›8NnVHC.J Figure 9. Portion of Emerson' s late 1880s Hawaii Territory Survey Map - Register Map 1280 w w 0 0 U' 0 I- v+ 70 ro o 0 w N TMK:(3) 7-3-005:015 Report No.1324-081716 Station "Ka-'eu" (The mischievous one) At/or near a kipuka area in Kalaoa 1st which was formerly cultivated with taro. Station "Kapeke" (Exposed) The station marker is on the ground among the stones of an iwi 'aina (stone alignment -land boundary) between Kalaoa 4th and 5th. The site is 5 feet makai of Ka'ainoa's old pig pen (pp. 81- 82). Station "Konio-hale" (Konio's house) A site on the border of 'O'oma 1st and Kalaoa 5th (pp. 91-92). Station "Maha-'ula' ula" (Red forehead) Land agent Wiltse set an ahu at the southwest corner of Grant 2972, awarded to Ka'apau and Kama at this point. This is a point of dispute, as the natives say that the ahu is in Kalaoa and not on the "iwi" [stone boundary alignment] between O'oma 1st and Kalaoa 5th ( p. 91 and 92). Figure 9 depicts the lower forest edge, seaward of the project area between approximately 900 ft and 1,000 ft elevation. The area inland of the project area is labeled as thick forest. This map also indicates that the portion of Kalaoa 5 in which the project area is located was awarded to Kaapau and Kama as Grant 1609. A house owned by Kama was located seaward of the project area, below the lower forest edge. Figure 10 is Wall's 1906 map of the Kalaoa School Lots (Register Map 2349). According to this map, an old Kalaoa School once existed inland of the Government Road in Kalaoa 3 Ahupua'a. The new school was relocated to the adjacent Kalaoa 4 Ahupua'a. The relocated school lot is also depicted on the 1924 USGS Kalaoa Quadrangle map Figure 11), located to the northeast of the project area. This quadrangle also illustrates the Kapeke survey station present on Figure 9. It also shows several stations in the Kalaoa's that were not present on the 1888 map, including Kapai o Hooka, Kukuinui near the boundary of Kalaoa 5 and O'oma 1 and several unnamed stations. Kelly (1971:12) cites missionary and later census data that documents a decline in the population of North Kona in the 1800s. Kelly (1971:13) also cites selections from Bowser's Hawaiian Kingdom Directory for 1880- 1881. Named individuals include coffee farmers and goat and sheep ranchers with operations in North Kona between Kaloko and Puuanahulu. A man named Hueu in Kalaoa is identified as a coffee planter who cultivated three of the 200 acres he owned. Consultation Henry et al. (1993) cite John W. H. I. Kihe's recollections about the Kekaha region between 1870 and the early 1920s. According to Mr. Kihe, there were many residents in Kalaoa in the 1870s, but by 1924 none were left. Henry et al. (1993) cite oral interviews with two Kalaoa residents. One informant indicated that in the 1920s the land was much less vegetated. Her mother planted lauhala that was used for weaving. The other informant remembered taro, coffee, and avocados being grown. Cultivation required clearing stones from the soil and piling the stones in mounds. During and subsequent to Mr. Stewart's acquisition of the property, he had oral and written communication with the previous landowner Norman Keanaaina regarding past land use. The land was passed down from the original grantees Kaakau and Kamaka Kama through Malaea Keanaaina and has been used by his family for more than 100 years. Mr. Keanaaina grew up in a two story house across the street (Mamalahoa Highway) on the south side of HAUN & ASSOCIATES 114 T M K: (3) 7- 3 0 0 5: 0 1 5 Report No.1324-081716 NAWA// TCRR/TORY SURVEY n606 -E .a • KALAOA SCHOOL LOTS NKONA MAN'AN her -vapor -hots acaraxioXapaiiiATalaoas St e , a ....v FIJ NiP ,'•+• PH rit A L A CA 3 Grant opt Kolimaoonoua Or 990 Ka/aath- Gr: roaoTlarta 0 ,1 Figure 10. Wall's 1906 Hawaii Territory Survey, Kalaoa School Lots - Register Map 2349 HAUN & ASSOCIATES I 15 91ISLYIDossy '13' NnVH Figure 11. Portion of 1924 USGS Kalaoa Quadrangle K W J W O O In 0 Ln 73 co 0 Z 0 UJ N A O 00 I-- V F-‘ TMK:(3) 7-3-005:015 Report No.1324-081716 Matsuyama Store. The family used the project area as an agricultural farm and for pasture. The neighbors were Reverend Abraham Akaka to the north and Mr. Sasaki to the south. Mr. Keanaaina indicated that there were no family burials on the property. The family's grave site has been Mauna Ziona Cemetery at the Kekaha Protestant Church since 1830. During the Haun and Henry (2016) fieldwork, a family (Sasaki?) member from a residence on the south side of the property provided information concerning a wall remnant (Site 29191) along the inland boundary of the project area. The wall was formerly intact, but much of it was disturbed during roadway improvements to the highway Mamalahoa/Hawaii Belt Road). IDENTIFICATION OF THE PRESERVATION SITES Site 29789 is a lava tube located in the east -central portion of the project area at elevations ranging from approximately 1,585 to 1,590 ft. The lava tube entrance is located along the western side of a small oval-shaped sinkhole that is 1.75 m long (north -south), 0.75 m wide and 1.5 m in depth below the surrounding ground surface Figure 13). The depression floor is rubble filled and there is a 0.8 m wide by 0.4 m high opening on to the western side that leads to the interior of the tube. A stacked cobble and small boulder retaining wall is located on the eastern side of the sinkhole, built to prevent stones from falling into the lava tube entrance. The tube extends to the east and west from the entrance. The western side is a linear chamber that is 11.4 m long (east- northeast by west-southwest), 1. 3 to 2.5 m wide with ceiling heights ranging from 0. 5 to 1.85 m. The floor is bare lava and there are areas of roof fall present to the west of the entrance and along the southern wall. Scattered fragments of charcoal and kukui nut shells are present on the floor. There are two short passages located at the west end of this chamber; one extending to the west (1.35 m long, 0.85 m wide and 0. 2 m high) and one to the southwest (5. 0 m long, 0.75 m wide and 0.2 to 0.3 m in height). No cultural remains are present in these chambers. A passage extends off the south wall of the western chamber. This passage is 2.25 m long and opens to a small chamber that is 1.75 m long (northwest by southeast), 1.25 m wide, and 0. 9 m in height. The floor in this small chamber is bare lava with scattered kukui nut shells. Narrow passages extend to the southwest and northeast from the small chamber. The passage to the southwest, with a ceiling height of only 0.16 m, is inaccessible. Observations from the entrance indicate that it is at least 1.7 m long and 0.35 m wide with no cultural remains. The passage to the northeast is 2. 4 m long and 0.25 to 0.65 m wide with ceiling heights that range from 0.2 to 0. 3 m. The northeast end of this passage is also inaccessible, but observations from the northeast end indicate that it connects with the eastern side of the main lava tube. The eastern side of the lava tube is accessed through a passage between the northern wall of the tube and the rubble filled entrance. This eastern passage extends 6.4 m to the northeast then angles to the southeast for 3.0 m where it terminates. The passage is 1.0 to 1.8 m wide with a bare lava floor and ceiling heights that range from 0.5 to 1.22 m. Areas of roof fall are present along the south wall and at the eastern end. A fragment of burned kukui nut shell is present on the floor in the western portion of the tube and scattered unburned kukui nut shells are present on the floor at the eastern end. A narrow side tube extends off the north wall of the eastern chamber. This passage is 2.75 m long, 0.75 m wide with ceiling heights that range from 0. 25 to 0. 5 m. The floor is bare lava and no cultural remains are present. Site 29789 is interpreted as a pre -contact and/or early post -contact temporary habitation shelter based on its formal type and the presence of cultural remains. The entrance was altered by the recent ground altering disturbance. The site is in fair to good condition. It is assessed as significant per HAR §13-284-6 under Criteria d information content). HAUN & ASSOCIATES 17 IsaldiDossy ›8NnvH00 Figure 12. Site 29789 plan map and photograph t i M r C= Charcoal r Entrance to lava tube, view to west 0. 2) 0101 0 2) ( 1.1) 0. 3) 3) ( 1.85) ` Bare lava floor 0.2) Bare lava 0 C ( 0. 6) ' C C. Interior of lava tube t ` St, Roof fall l ( 0. 3). Height in meters Slope direction K = Kukui nut shell BK = Burned kukui nut shell Bare lava floor 0.25) - Vertical entrance 0.5 1. 1 m deep) Datum floor r Seed pod ( 1. 22) . = r ' r BK ,..., i2-„,.... ty, a dr . r i Bare lava floor Vi` eiNeeS - 1 wr C~ . i0.2 K '_ A".... 4i x( 0. 5) i ( 0' 3) Stacked stone retaining wall N K • K • on side of sinkhole il` 0. 16) ( 0. 93) : I 0 13. 5 feet Inaccessible passage 0 4. 5 meters Figure 12. Site 29789 plan map and photograph TMK:(3) 7-3-005: 015 Report No.1324-081716 Site 29794 is a large terrace located at approximately 1,585 ft elevation. The terrace is located on the side of a gentle slope to the west. Roughly stacked and piled cobble and small boulder retaining walls extend along the west and north sides (Figure 13). The terrace is 7. 9 m long (north -south) by 6. 2 m wide, with the retaining walls ranging in height from 0.5 to 1.8 m. The surface of the terrace is level and is covered in a thick mat of mulch. No cultural remains are visible on the mulch -covered surface of the structure. A 1.0 by 1.0 m test unit (TU -3) was excavated in the northwestern portion of the terrace surface (see Figure 13). This excavation revealed 0.08 to 0.1 m of mulch overlying a 0. 13 to 0. 2 m layer of very dark brown (10YR 2/ 2) silt with 25% gravel, pebble and cobble inclusions (Layer I). Cultural remains recovered from Layer I consist of 17 volcanic glass flakes (9.0 grams), 13.2 grams of charcoal, and 3. 2 grams of burned kukui nut shell fragments. Bedrock was encountered beneath the Layer I deposit. Site 29794 is interpreted as a prehistoric habitation/ activity area. The abundance of volcanic glass and the absence of food remains suggest that the structure may have been used for specialized plant processing activity. The site was altered by the recent disturbance to the project area and is fair condition. It is assessed as significant per HAR 13-284-6 under Criteria d (information content). PRESERVATION PLAN This Preservation Plan provides specific protective measures for two sites in the subject parcel (Sites 29789 and 29794). The landowner plans to create a six lot subdivision within the project area. He further proposes the creation of a 0. 12 acre archaeological preserve containing Sites 29789 and 29794, to be situated within Lot 5 of the subdivision (Figure 14). This archaeological preserve will be protected and preserved during and after the development of the project area. This plan addresses the preservation areas, access, and specifications for protective measures during and after construction. Forms of Preservation Preservation is a mitigation strategy in which a historic property and the qualities that contribute to its significance are preserved. Mitigation consists of specific measures to avoid, limit or minimize adverse effects resulting from development activity. Specific mitigation measures can consist of documentation and archaeological excavation data recovery) and preservation, among others. DLNR- SHPD rules recognize several forms of preservation (HAR 13-13-277). These consist of avoidance and protection (conservation), stabilization, rehabilitation, restoration, reconstruction, interpretation and appropriate cultural use. The form of preservation for Sites 29789 and 29794 is avoidance and protection (conservation). This form of preservation is the most appropriate manner of mitigating the effects of development within the parcel because the sites can be easily avoided. Conservation in this plan means preserving a site in place and ensuring that the site's physical integrity is not compromised by means of avoidance and protection. This means that the sites will be avoided during development and protected during and after development. There are penalties for damage to a historic property on state or private land, including the imposition of monetary fines (Hawai'i Revised Statutes § 6E-11). There are no plans for interpretation of Sites 29789 and 29794. Site protection will require an active effort on the part of the landowner to ensure development does not inadvertently cause impacts to the historic properties. This plan formalizes the long-term commitment site preservation will entail. The location of the sites will not be available for public access and no additional forms of preservation are proposed. HAUN & ASSOCIATES 119 OZIsalVIDossy )gNnvH Datum 1.8) 0.5) AdValtaitelatftratkey( r) 4. toItIfit‘ 1. 0 Jc Portion of retaining wall depicted INV Vqh Wit 41. 1i ( 0) r 11 i\\ 111111 1 !! II! 0. 3)-- b36 0.6) TU -3 Level soil covered in mulch 0 TU. 3 - North mai profile Mulch dyr, f2rtrr La• Maori - Wry dart brew ( 10YR 2/ 2) silt with 294oavt. pebbleend cobble tW Worm cultural maim mount Slope direction 0. 6) • Height in meters Excavator track 0 9. 0 feet 0 3. 0 meters Terrace retaining wall, view to east- southeast Figure 13. Site 29794 plan map and photograph H V W a a 1 0 V 0 2 0 w NJ 0 00 IZIs3±VIDossy >aNnvH 10 ft permanent buffer around proposed archaeological preserve 20 ft temporary buffer around proposed archaeological preserve Site number pre - fixed bySO -10-28- Lot1 0 0 Kalminani 0rive Lot 5 Lot 2 Lot4 r7 ihumoe Street 1520 1560 1600 t kt) feet 60 meters Protect area boundary L Lot6 Modem mortared wall Hawaii Belt Road 1640 Figure 14. Tentative subdivision plan showing proposed archaeological preserve with Sites 29789 and 29794 w O O 0 JMK:(3) 7- 3-005'. 015 Report No.1324-081716 Conservation Measures Conservation for Sites 29789 and 29794 will require immediate, short-term and long-term protection measures. These measures provide for actions to ensure the site is protected in perpetuity and that damage does not occur through negligent or unintentional means and can be implemented as soon as feasible. The landowner will be responsible for implementing the preservation measures contained in this plan. Immediate Conservation Measures Two conservation measures can be implemented as soon as feasible upon acceptance of this Archaeological Site Preservation Plan. A licensed land surveyor is required to establish the metes and bounds description of the 0. 12 acre archaeological preserve containing Sites 29789 and 29794. All requirements and restrictions of this preservation plan, including the metes and bounds description of the permanent buffers and a map showing the preservation areas, will be incorporated into the property deed as a restrictive covenant and will be recorded with the Bureau of Conveyances with a copy sent to SHPD. Short -Term Conservation Measures Short-term conservation measures will be implemented both prior to and during all phases of development. These measures include installation of a physical barrier 20 ft from the edges of Sites 29789 and 29794, or 10 ft from the 10 ft permanent buffer (see Figure 14). The temporary buffer will be comprised of fencing installed prior to the commencement of any ground altering activity. The fencing will consist of orange safety fence that is ultraviolet ray resistant high-density polyethylene with diamond or square mesh, with a minimum weight of 20 lbs per 100 ft by 4 ft wide. The fencing will be removed following the development of the parcel. Long -Term Conservation Measures As stated, the form of preservation for the project is avoidance and protection (conservation). This will be accomplished by protecting the sites during and after the development of the project area. Long-term conservation measures will consist of maintaining the current condition of the archaeological preserve containing Sites 29789 and 29794. The landowner will notify DLNR-SHPD of any degradation or change of site condition. Preservation buffers A permanent buffer zone is stipulated in this plan. A buffer of 10 ft is to be established from the edges of Sites 29789 and 29794, creating the 0. 12 acre archaeological preserve (see Figure 14). The extent of this buffer will be established by a licensed land surveyor. No physical barrier will mark the permanent buffer. Access The landowner will have unlimited access to the sites, but no provision is made for public access. SHPD personnel will have access to inspect the archaeological preserve. The SHPD inspections will occur with prior notice to the landowner. HAUN & ASSOCIATES 122 TMK:(3) 7- 3-005: 015 Report No 1324-081716 TRANSLATION OF HAWAIIAN WORDS2 ahu - altar, shrine or cairn ahupua'a - traditional Hawaiian land unit usually extending from the uplands to the sea konohiki - headman of an ahupua'a land division under the chief Mdhele - land division of 1848 makai-towards ocean mouka - inland pohoehoe - Smooth, unbroken type of lava, contrasting with a'd REFERENCES Beamer, Kamanamaikalani 2014 No Mdkou Ka Mona Liberating a Nation. Kamehameha Publishing 2014, Honolulu, HI. Chinen, Jon J. 1958 The Great Mdhele: Hawaii's Land Division of 1848. University of Hawaii Press. DNLR (Department of Land and Natural Resources 2003 Hawaii Administrative Rules, Title 13, Department of Land and Natural Resources, Subtitle 13, State Historic Preservation Division Rules. Ellis, W. 1963 The Journal of William Ellis, Narrative of a Tour ofHowai'i, or Owhyee.Honolulu: Advertiser Publishing Co. FR n.d. Foreign Register of Kuleana Claims Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawaii State Archives. FT n. d. Foreign Testimony Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawaii State Archives. Giambelluca, T.W., Q. Chen, A.G. Frazier, J.P. Price, Y. -L. Chen, P. - S. Chu, J.K. Eischeid, and D.M. Delparte 2013 Online Rainfall Atlas of Hawaii. Bull. Amer. Meteor. Soc. 94, 313- 316, doi: 10.1175/BAMS-D-11-00228.1. from Wehewehe.org HAUN &ASSOCIATES 123 TMK:(3) ]-3-005.015 Report No 1324- 081/16 Haun, A., and D. Henry 2016 Archaeological Inventory Survey, TMK: (3) 7- 3-005:015, Kalaoa 5 Ahupua'a, North Kona District, Hawaii Island. Haun & Associates report 928 prepared for Richard Stewart. Henry, J., S. Goodfellow and K. Maly 1993 Archaeological Assessment Study, Kailua to Keahole Region State Lands, LUC Project, Lands of Makaula, Hale'ohiu, Hamanamana, Kalaoa 1-4, Kalaoa 5, Ooma and Ooma 2, North Kona District, Island of Hawai'i. PHRI Report 1275. Prepared for Helber, Hastert & Fee. Indices 1929 Indices ofAwards Made by the Board of Land Commissioners to Quiet Land Titles in the Hawaiian Islands. Territory of Hawaii, Honolulu. Juvik, S.P. and J.O. Juvik (editors) 1998 Atlas of Hawaii, Third Edition. University of Hawaii Press. Honolulu. Kelly, M. 1971 Kekaha: 'Aina Malo'o. A Survey of the Background and History of Kaloko and Kukio, North Kona, Hawaii. Departmental Report Series 71-2. Department of Anthropology, B.P. Bishop Museum, Honolulu. Maly, K. 1996 Appendix A — Historical Documentary Research. Archaeological Inventory Survey, Hienaloli 3 and 4, North Kona District, Island of Hawaii (TMK: 7- 5-11:2) by Henry, J., T. Wolforth and P. Rosendahl. PHRI Report 1348-032996. Prepared for Mary! Development, Inc. Moffat, R. M. and G.L. Kirkpatrick 1995 Surveying the Mahele: Mapping the Hawaiian Land Revolution. Palapala'aina. Editions Limited, Honolulu. NR n.d. Native Register of Kuleana Claims Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawaii State Archives. NT n.d. Native Testimony Recorded by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands. Manuscript. Hawaii State Archives. Pukui, M., S. Elbert and E. Mookini 1976 Place Names of Hawaii. University of Hawai'i Press, Honolulu Sato, H, W. Ikeda, R. Paeth, R. Smythe, and M. Takehiro 1973 Soil Survey of the Island of Hawaii, United States Department of Agriculture, Soil Conservation Service, In Cooperation with the University of Hawaii Agricultural Experiment Station. Speakman, C.E., Jr. 1978 An Informal History of the Hawaiian Island. San Rafael: Pueo Press. HAUN & ASSOCIATES I 24 TMK:(31 7 3.005'. 015 Report No -1324-081716 Waihona 'Aina Corporation 2000 The Mahele Database, Waihona.com Wehewehe.org 2016 Hawaii Electronic Library - Nb Puke Wehewehe 'Olelo Hawaii Wolfe, E., and J. Morris 2001 Geological Map of the Island of Hawaii. U.S. Department of the Interior. U.S Geological Survey HAUN Sc ASSOCIATES 125 DAVID s. mE October 26, 2016 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STA'IL IIISI URIC PRESERVATION DIVISION KAKIIIIIIIEWA BUILDING 601 KAMOKILA BLVD, STE 555 KAPOLFI, HAWAII 06707 J44F11K1 1. PEANSO% Alan Haun, PhD Log No. 2016.02017 Haun and Associates Doc. No. 1610KM06 73-1168 Kahua A'o Road Archaeology Kailua-Kona, Hawaii 96740 Dear Dr. Haun: SUBJECT: Chapter 6E-42 Historic Preservation Review — Archaeological Preservation Plan for Sites 50-10- 28-29789 and 50-10-28-29794 Kalaoa SAhupua`a, North Kona District, Island of Hawaii TMK: (3) 7- 3-005:015 Thank you for the opportunity to review the draft plan titled Archaeological Site Presen adon Plan Sires 50-10-28- 29789 and 29794, Kaluou 5 Ahupua'a, North Kona District. Island of Hawaii, TMK (3) 7-3-005: 015 (Haun and Henry, October 2016). The State Historic Preservation Division (SHPD) received the draft plan on August 22, 2016. The SHPD accepted the archaeological inventory survey for the project on January 25.2016 (Log No. 2015. 02304, Doc. No. 1604KM 14). This preservation plan for two sites was prepared at the request of the landowner, Mr. Richard Stewart. The project area is a 3.992 -acre lot in a suburban area between Mamalahoa Highway ( Hawaii Belt Road) and Ihumoe Street. Mr. Stewart plans to subdivide the property into a six lots and rezone the property from agricultural usage to residential/agricultural (RA) for future development purposes. Haun and Henry (2016) conducted an AIS for the entire parcel. Fieldwork for the MS included a 100% pedestrian survey and subsurface testing involving excavation of three test units ( TU -1 through TU -3). The pedestrian survey identified a total of seven sites: a lava tube system with several passages that contained burned and unburned kukui nut shell fragments (Site 50-10-28-29789); a remnant rock wall enclosure (Site 50-10-28-29790); a remnant stone wall west of Mamalahoa Highway (Site 50-10-28-29791); an L-shaped and faced wall (Site 50-10-28-29792); a complex with two large stone enclosures (Site 50-10-28-29793); a terrace wall (Site 50-10-28-29794); and a complex of agricultural mounds and other features (Site 50-10-28-29795) related to the Kona Field System ( Site 6601). The AIS interpreted Sites 29789. 29790, 29791. 29792, 29793, 29794, and 29795 as four single feature sites and three complexes dating from the pre -Contact to Historic period which were utilized for agricultural, habitation and activity areas, and animal husbandry purposes. Pursuant to Hawaii Administrative Rules (HAR) §13-284-6, all of the sites were determined significant under Criterion "d" for their information potential. The report recommended archaeological data recovery for Site 29789 ( lava tube) and Site 29794 (terraces), and no further work or preservation for Sites 29790, 29791, 29792, 29793, and 29795. The project effect recommendation was "effect, with proposed mitigation commitments." SHPD concurred with the site significance assessments and with the effect determination, and the mitigation recommendations. Subsequent to the AIS acceptance, the landowner has agreed to preserve Sites 29789 and 29794 in lieu of conducting additional data recovery work. Sites 29789 and 29794 will be preserved within a proposed 0.12 acre archaeological preserve within the Lot 5 of the planned subdivision. The plan outlines the following protection measures: Exhibit D Dr. Haun October 26, 2016 Page 2 I) The 0.12 preserve area shall remain undisturbed during, and after subdivision construction and development: 2) The metes and bounds of the preserve containing Sites 29789 and 29794 shall be surveyed and recorded on a plat map and submitted to the Bureau of Conveyances; 3) The preserve area shall be incorporated into the property deed for Lot 5 as a restrictive covenant; 4) An interim buffer of20 ft. shall be established around Sites 29789 and 29794; 5) A permanent 10 ft. buffer shall be established around Sites 29789 and 29794 and recorded as part of the preserve area: 6) No interpretive signs are proposed and no public access is planned: and 7) The landowner is responsible for maintaining the preserve area and notifying the SHPD of any damage or alterations to Sites 29789 and 29784. The preservation plan is well written and meets the requirements of HAR § 13-277. It is accepted. Please send two hardcooies of the document, clearly marked FINAL, and a text -searchable PDF version to the Kapolei SHPD office, attention SHPD Library. Additionally, pursuant to HAR §13-284, SHPD requests to receive verification of the interim protection measures prior to subdivision development and/or construction commencing. SHPD also requests to receive confirmation of the preservation area on the final plat map prior to the subdivision approval. Please contact Kimi Matsushima at (808) 692-8027 or at Kimi,R.Matsushimanhawaii.gov for questions regarding archaeological resources or this letter. Aloha, ave R Lako Susan A. Lebo, PhD Archaeology Branch Chief MVO r.@ 00Waleitv MMIM STATE OP HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE IUS1ORIC PRESERVATION DIVISION KAKUImmWA BUILDING 601 KAMOKIIA BLVD, SIE 555 KAPOIFI, HAWAII 96707 April 19, 2017 Michael Yee, Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Mr. Yee: d,. 'SO*w - MANIC D. CAS Masai m.d_,uoWW1 In %IGLIY_A iry aarfTT.r.rmarl SICSnit MMTSMMMm..vm MaoatvTSMSp mcases®anxaaar atmMIMOOWL& US earmiconansomart IOVY.W..Y,. vmw11111M36nsin..m.••10, LaoRATSMm IN REPLY REFER TO: Log No. 2016.02017 Doc. No. 1704SL06 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review — REVISED COMMENTS County of Hawall Permits for Richard Stewart, 3.992 -Acre Properly Kabko 56 Akunn's, North Kona District, Island of Hawapi TMX: (3) 7-3-005:015 This letter updates the TAU( reported in our earlier correspondence (Log No. 2016.02017, Doc. No. 1703SL11) to TAU(: (3) 7- 3-005:015. The landowner, Richard Stewart, purchased the subject parcel in 2009 and proposed to subdivide this property into a six lot parcel and rezone the property from agricultural usage to residenNVagriculdml (RA) for tonne development purposes. In response to the rezoning application the State Historic Preservation Division (SHPD) conducted a site visit of the property and determined an archaeological inventory survey (AIS) was warranted to identify any potential surface or subsurface historic properties. SHPD further indicated that the MS needed to be submitted for SHPD review and acceptance prior to final subdivision approval and any grated disturbing activities (November 9, 20009; Log No. 2009.4075, Doc. No. 0911 MDO2). Prior to the MS being conducted, the landowner had work done to remove vegetation covering much of the properly. Approximately 2.834 acres were cleared primarily along the northern boundary and extending into the central portion ofthe property. Theclearing activided were done between February 2 and 20, 2013 using a chipping attachment on a track -mounted excavator machine. Upon completion of the clearing activities, the County of Hawaii issued a Correction Notice on February 23, 2013, preventing fuller clearing activities and prompting removal of the machine (October 21, 2015, letter correspondence, Richard Stewart). Pursuant to Hawaii Revised Statutes (HRS) 6E-II(c) it was determined that Mr. Stewart had not submitted a grubbing permit for SHPD review and approval and was found to be in violation of Hawaii Administrative Rules (HAR) *11-55. SUPD determined a number of agricultural sites within the property had been adversely impacted by the cleating work and consequently, Mr. Steward was fined a total of $9,400 for which he paid in full. Subsequently, the requested MS was conducted by Hain & Associates at the request of the landowner, Richard Stewart. The MS was completed for the entire 3.992 -acre property parcel. The MS documented varying degrees of disturbance for all the sites identified in the project area with the exception of the lava tube ( Site 29789). Overall, the MS considers Sites 29789, 29790, 29791, 29792, 29793, 29794, and 29795 to consist of four single feature sites and Duet complexes. The sites variously date from the pro -Contact to Historic period and were utilized for agricultural, habitation and activity areas, and animal husbandry purposes. Pursuant to HAR §13-284-6, all of the sites were determined significant under Criterion "d" for their information potential. Additionally, Site 29795 is considered to be an element of a larger complex, the Kona Field System (Site 6601). The report recommended Exhibit E Michael Yee, Planning Director April 19, 2017 Page 2 archaeological data recovery for Site 29789 ( lava tube) and Site 29794 (terraces), and no further work or preservation for Sites 29790, 29791, 29792, 29793, and 29795. Pursuant to HAR §13-284-7, the AIS project effect recommendation was "effect, with proposed mitigation commitments." SHPD concurred with the site significance assessments, with "effect, with proposed mitigation commitments" and mitigation in the form ofarchaeological data recovery in the form of excavation at Sites 29789 and 29794. The SHPD also concurred with the mitigation recommendation of no further work for Sites 29790, 29791, 29792, 29793, and 2979. The AIS report was accepted by the SHPD on January 25, 2016 (Log No. 2015.02304, Doc. No. 1601 KM 14). Subsequent to the AIS acceptance, the landowner agreed to preserve Sites 29789 and 29794 in lieu of conducting additional data recovery work. Sites 29789 and 29794 would be preserved within a proposed 0. 12 -acre archaeological preserve within Lot 5 of the planned subdivision. The plan outlines the following protection measures: 1) The 0. 12 preserve area shall remain undisturbed during, and after subdivision construction and development; 2) The metes and bounds of the preserve containing Sites 29789 and 29794 shall be surveyed and recorded on a plat map and submitted to the Bureau of Conveyances; 3) The preserve area shall be incorporated into the property deed for Lot 5 as a restrictive covenant; 4) An interim buffer of 20 ft. shall be established around Sites 29789 and 29794; 5) A permanent 10 ft. buffer shall be established around Sites 29789 and 29794 and recorded as part of the preserve area; 6) No interpretive signs are proposed and no public access is planned; and 7) The landowner is responsible for maintaining the preserve area and notifying the SHPD of any damage or alterations to Sites 29789 and 29784. The SHPD accepted the preservation plan (Haun and Henry, October 2016) for Sites 29789 and 29794 on October 26, 2016 (Log No. 2016.02017, Doc. No. 1610KM06). The SHPD also requested to receive verification of the interim protection measures prior to subdivision development and/or construction. On March 1, 2017, the SHPD received verification from Haun & Associates indicting that the temporary buffer was installed 20 ft. from the edges of Sites 29789 and 29794. The two sites are situated in close proximity to each other and are located within a single preservation area. Alan Haun inspected the temporary buffer fencing on January 23, 2017. Based on the above information, the permit issuance process may continue. The landowner is responsible for completing the following preservation measures prior to selling the property: 1) The metes and bounds of the preserve containing Sites 29789 and 29794 shall be surveyed and recorded on a plat map and submitted to the Bureau ofConveyances; and 2) The preserve area shall be incorporated into the property deed for Lot 5 as a restrictive covenant The landowner (current and future) is responsible for the following preservation measures: 1) The 0.12 preserve area shall remain undisturbed during, and after subdivision construction and development; and 2) The landowner is responsible for maintaining the preserve area and notifying the SHPD of any damage or alterations to Sites 29789 and 29784; and 3) In the event that historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities please 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. Please contact Susan Lebo, Archaeology Branch Chief, at (808) 692-8019 or at Susan.A.Lebo@,hawaii.gov if you have any questions or concerns regarding this letter. Michael Yee, Planning Director April 19, 2017 page 3 Aloha, 404: Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy, State Historic Preservation Officer cc: Richard Stewart 78-7118A Puuloa Road Kailua-Kona, HI 96740 Alan E. Haun, PhD Principal Investigator Haun & Associates 73- 1168 Kahuna A`o Road Kailua-Kona, HI 96740 haun@haunandassociates.com SETTLEMENT AND RELEASE AGREEMENT THIS SETTLEMENT AND RELEASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between RICHARD M. STEWART and CYNTHIA A. STEWART (hereinafter referred to collectively as the "Stewart?), and KEICHI IKEDA and GRACE H. IKEDA, individually and as Trustees under the unrecorded Revocable Trust Agreement of Keichi Ikeda and Grace H Ikeda dated March 5, 1997, hereinafter referred to collectively as the "Ikedas"), with reference to the following facts: RECITALS WHERE S, the Stewarts are the fee simple owners of that certain parcel of real property situated at Kala 5th, District of North Kong Island and County of Hawaii, State of Hawaii, being a portion of Grant 2972 to Kaapau and Kama, and designated on the tax maps of the Third Taxation Division of the State ofHawaii as Tax May Key No. 7-3-005:015; WHEREAS, the Ikedas are the fee simple owners of Lot 31 of the Kona Acres subdivision located at 73-1489 Ihumoe Street, Kailua-Korn, Hawaii, and designated on the tax maps of the Third Taxation Division of the State ofHawaii as Tax Map Key No. 7-3-005:080; WHEREAS, the Stewarts' property and the ficedas' property are located adjacent to each other in part as shown on the property tax maps and subdivision plat for Kona Acres Subdivision, as amended; WHEREAS, the former owners of the Stewarts' property submitted a parcel consolidation and resubdivision ("PCRS") application with the County of Hawaii ("County") to transfer ownership of an approximately 340 square foot portion of the Ikedas' property in the area of the common boundary with the Stewarts' property in exchange for the receipt of ownership of an approximately 500 square foot portion of the Stewarts' property ("property exchange"); WHEREAS, on or about January 20, 2009, the County approved the PCRS; WHEREAS, certain disputes have arisen between the Stewarts and the Ikedas hereinafter referred to collectively as the "patties") regarding the property exchange which led to the initiation ofan action in the Third Circuit Court ofthe State of Hawaii as Civil No. 09- 01- 142K (hereinafter referred to as the "Action"); WHEREAS, the parties now desire and intend to amicably resolve the Action and any and all claims, disputes and disagreements that they may have relating to the property exchange without further determination of any legal or equitable rights of any of the parties hereto, and without any admission of liability, blame or fault on the part of any party hereto; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the parties hereto agree as follows: 4814-2017-3315.1061611.O00OL 06-15-09 Exhibit F 1. Adjustment of Common Boundary Line; Exchange of Deed. The Stewarts and the Ikedas approve the PCRS and accept the measurements shown in the PCRS and amended property descriptions as the adjusted description of their respective properties. Upon the execution of this Agreement by all parties, the Ikedas shall execute and deliver to the Stewarts' attorney the deeds which were prepared in conjunction with the PCRS and exchange that received final approval from the County on or about January 20, 2009. The Stewarts, at their expense, shall thereafter record the deeds in the Bureau of Conveyances of the State of Hawaii and shall provide the Ikedas (through their attorney) with recorded copies of the deeds. 2. Notice of Future Subdivision. The Stewarts agree that in the event that they further subdivide their property, they will allow the Ikedas, upon request, to review any plans or drawings submitted to the County. 3. Future Subdivision of Stewarts Property; Further Adjustment of Common Boundary Line. The Stewarts agree that in the event that they further subdivide their property, the common boundary with the Ikedas' property will be further adjusted such that the north corner of the common boundary will be placed so that it intersects with the southeast corner of Lot 14 of the Kona Palisades subdivision. Attached hereto as Exhibit "A" is a map which depicts the future adjusted common boundary. TheStewarts will bear all costs, if any, to survey and map the adjusted boundary line, to process the subdivision application, and to draft and record any conveyance documents. The Ikedas agree that they will cooperate with the Stewarts in the rezoning and subdivision process, which includes but is not limited to, promptly executing and delivering to the Stewarts or their agents or representatives all documentation, consents and approvals needed for rezoning or further subdivision of the properties. 4. Bather. The Stewarts agree that in the event that they further subdivide their property, they will erect or require any subsequent owner of their property to erect and maintain an appropriate barrier along the common boundary with the Ikedas' property for privacy purposes. The barrier may consist of a wall, fence or low maintenance planting screen (or a combination of a wall, fence or planting screen) which must be erected before the construction of any structure on any lot which is immediately adjacent to the common boundary. This requirement will be placed in any deed that conveys the affected lot to a future buyer or grantee. 5. Drainage. The Stewarts agree that in the event that they further subdivide their property, they will incorporate measures into the development of their property to address water runoff from their property as may be required by the County. 6. Dismissal of Action. The Stewarts' attorney shall dismiss the Action upon the execution of this Agreement by all parties and the Ikedas execution and delivery of the deeds as required by Paragraph 1 hereinabove. 7. Attorneys Fees and Costs. Subject to the provisions of Paragraph 22 hereinbelow, the parties shall each bear their own attorneys fees and costs incurred in the negotiation of this Agreement, the Action and the matters related thereto. 4814- 2017- 3315.1.061611-00001 2 06-15-09 8. Release. In consideration of the foregoing, the parties, for themselves and their representatives, agents, attorneys, heirs, devisees, successors and assigns, and each of them, absolutely, fully and forever releases and discharges the other and the other's representatives, agents, attorneys, heirs, devisees, successors and assigns, and each of them, of and from any and all claims or disputes of every kind, nature, character or description whatsoever, whether in law or in equity, and whether known or unknown, suspected or unsuspected, arising out of, connected with, or in any way related to the property exchange, the Action, or any cause related therewith, with exception, however, of any and all claims or disputes of every kind, nature, character or description whatsoever, whether in law or in equity, and whether known or unknown, suspected or unsuspected, arising out of, connected with, or in any way related to a breach or non-performance of any material term or condition of this Agreement by any party to this Agreement. 9. Development of Entry Area. The Stewarts will comply with all applicable governmental regulations governing the improvement of the entry to and from the Stewarts' parcel and Ihumoe Street. 10. Instruments or Actions ofFurther Assurance. Each of the parties hereto agree to execute and -deliver any and all further instruments and documents and to take such action as may be reasonably required to effectuate the terms and conditions of this Agreement. 11. Entire Agreement and Modification. This Agreement constitutes the entire agreement between the parties and there are no understandings or agreements other than those incorporated in this Agreement. This Agreement shall not be amended, modified, or supplemented at any time unless by a writing executed by the parties hereto. 12. Construction and Paragraph Headings. The use of any pronoun herein shall include any and all pronouns and the singular shall include the plural and vice versa, as the context may require. As used in this Agreement, the masculine, feminine, or neuter gender, and the singular or plural number, shall each include the other whenever the text so indicates. Paragraph headings are inserted only for convenience in reference. 13. No Party Deemed Drafter. No party shall be deemed the drafter of this Agreement. If this Agreement is ever construed by a court of law, such court shall not construe this Agreement or any provision hereof against any party as drafter. 14. Waiver. The failure of any party to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of any right of such party thereafter to enforce such provisions and each and every other provision hereof. 15. Assignment. No party to this Agreement may assign any of his, her or its rights hereunder without the express and prior written approval of all parties to the Agreement, except that the parties may convey their respective properties together with and subject to the rights and obligations of the parties under this Agreement without the prior written approval of the other party and the terms of this Agreement shall be deemed to be real covenants that run with the land. 4914-2017-3316.1.061611-00001 3 06-15-09 16. Effect. This Agreement and all of the terms, covenants and conditions contained herein shall extend to the benefit of and be binding upon the respective heirs, personal representatives, successors and permitted assigns of the parties hereto. 17. Governing Law. Venue and Waiver of Iury TriaL The laws of the State of Hawaii shall govern all matters with respect to this Agreement, including but not limited to, all matters relating to the negotiation, formation, construction, validity, interpretation, performance and enforcement ofthis Agreement. The parties agree that any action regarding, concerning, involving, relating to or arising under this Agreement shall be brought in the Kona Division of the Third Circuit Court of the State ofHawaii. The parties further agree to waive any right that they may have to demand a jury trial in any action brought regarding, concerning,, involving, relating to or arising under this Agreement or any matter relating therewith. 18. Severability. If any provision of this Agreement or the application thereto to any person or circumstances shall, for any reason and to any extent be invalid or unenforceable, the remainder of this Agreement and the application of such provision to the otherpersons or circumstances %hall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. 19. Consent. Whenever the consent of any party is required herein, such consent shall not be unreasonably withheld or delayed. 20. Notice. Any notice to be given hereunder shall be deemed to have been properly given if in writing and delivered personally or sent by certified mail to the party at his or her last known address. 21. Independent Leeal Advice. The parties acknowledge that they have received or have been advised to receive independent legal advice from their attorneys with respect to the advisability of executing this Agreement. The parties further acknowledge that each has made or has had an opportunity to make an investigation of the facts pertaining to this Agreement as each has deemed necessary. 22. Attorneys Fees and Costs. In any action brought to enforce any provision ofthis Agreement, the prevailing party shall recover their costs and reasonable attorneys fees incurred therein. 23. Counterpart Execution. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and said counterparts together shall constitute one and the same instrument. This Agreement may also be executed by way of facsimile signature and such signature shall be sufficient to bind the party so executing this Agreement. Such party shall thereafter promptly forward a confirming copy of such facsimile signature to the other party. 41114-2017-3315.1.06161 I-00001 06-15-09 IN WITNESS WHEREOF, the parties each declare that he or she has carefully read, had explained and fully understands this Agreement and thereby executes this Agreement. APPROVED AS TO FORM AND CONTENT: EDMUND W.K. HAITSUKA Attorney for RICHARD M. STEWART and CYNTHIA A. STEWART 4814- 2017-3315.1 06161140001 RICHARD Date: KEICHI IKEDA Date: 7-27-oq u'. &„_ GRXCE H. IKEDA Date: '7' 2-7- 104 C:et cs 7- llercltc KOCHI IKEDA, Co -Trustee under the unrecorded Revocable Trust Agreement of Keichi Ikeda and Grace H. Ikeda dated March 5, 1997 Date: 7-77- 0 9 0E71971. IKEDA, Co -Trustee under the unrecorded Revocable Trust Agreement of Keichi Ikeda and Grace H. Ikeda dated March 5, 1997 Date: 7- 24_ O Y' 1107/ (LeCtlig— MICHAEL I. MATSUKAWA Attorney for KEICHI IKEDA and GRACE H. IKEDA, individually and as Trustees under the unrecorded Revocable Trust Agreement of Keichi Ikeda and Grace H. Ikeda dated March 5, 1997 5 nfi-15-n9 Lot 17 Colvin W. Corow and wile Editn W, Owner") Col 16 Michael M 4Eyotoke and Mkt N. J 279. 76 Lot 15 Cortina C. Lou Owner) LOT 31— A 1. 184 ACRES IWMI ACRS SUMMON IB WIT 4 66CREMENT ' B' t ( 768 Pb, 1530) Lal le Lot 1.1 L OKnerJ o Yomouehi end ( Bove* Existing Common Band' s? H 1195974' g ' mu 7, 974. 49 IL youth 9, JS43J 7L INN 107161. 3: 61467 4l Lot 11 Wayne 7. ramouahi and ow» BeverOwnveJ Lot 11 rMorgan KONA PALISADE, LOT 31- 8 3. 992 ACRES Nom Adjusted Ib® Boundary 18841 1HUMOE STREET 77711 " mooJo( 14731' Jan l ine ~ 7878 i7- OGYia'^ 971yip 801 61717!' 29.65 Lot 33 17850' UNIT le a - = MINIM I' DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII Ne sl4?Qaamm TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division DATE May 4,2021 SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 21-000056) Request: Agricultural to Urban CHANGE OF ZONE APPLICATION (REZ 21-000246) Request: Agricultural -5 Acre (A -5a) and Agricultural -1 Acre (A -1a) to Single -Family Residential -22.000 Square Feet (RS -22) Applicant: Timothy Joseph Ward and Kay Lynn Ward TMK: 7-3-005: 015 After further evaluation of your March 10, 2021 memo, we have the following updated comments: We have confirmed that grubbing permit #9-2708 was signed off by our inspector and therefore the grubbing complaint has been closed. We have no record that the minimum 8 -feet wide landscape preservation buffer referenced on the grubbing plan is a permanent requirement since it was also noted that the buffer was for erosion and sedimentation control. We apologize for any inconvenience. The following comments are still applicable. 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 earthwork activity, including grading and grubbing. shall conform to Chapter 10, Erosion and Sedimentation Control. of the Hawaii County Code. Construction within the County right-of-way (ROW) shall comply with HCC. Chapter 22, County Streets. Connection to Ihumoe Street will require a ROW permit. Install streetlights and traffic 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. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 3 IJ .,nu s ai 14sd (j',nunnc Provider and I mpl' cr 141501 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAO'A STREET, SUITE 20 • Hi() HAWAI 196720 TELEPHONE 1808) 961-8050 • FAX 961-8657 Vlarch 71. 2071 It . /endo Kern. Dina 1'lanniug Ucpnnntcm I ROA!. Keith K. 11lantoto. Alan: ger Chief IOngineer SI'ILI ECT: State Land Use Boundary Amendment Change of Zone Application (REZ 21-000246) Request — Agricultural -S Acre (A -5a) and Agricultural -I Acre (A -la) to Single -Family Residential - 22,000 Square Feel (RS -22) Applicant— Timothy Joseph Ward and Kay Lynn Ward Tax 3, lap Key 7- 3-005:1115 We have rex ict ed the subject application and have the fel Inv, III, comments and conditions Water out be made available from an existing A -inch wmcrlinc along Ihunmc Street which lrunt, the subject pi -opens. In accordance with the Depaitinenl , existing'rater as ailubility conditions. the water availability hit the proposed lots is subject to change. ILcrelhr, pursuant to Rode 5 of the Deparhnent's Rules and Regulations. a copy of which is !sing lirt roamed In the applicant. a water eomnufuenl maxi be issued Rased on the live 15) additional units requested in the proposed 6 -lot dinielopment. the required nater commitment deposit is S750.00. Remittance by the applicant orthe S7jn.1111 is requested as soon as possible so that a water col llnitnne a IIUR he lnrmallx issued_ ILe comminnent will he in writing with specific conditions and eliectise dates stated. I'lease keep in mind that this leiter shall not he coustructl :IS a water urtnmlitnKnL In other words. unless a water commitment is ollicialh effected, water tivailabililv i5 subject to change. without notice. depending on the trate, sit uatIIoa. Ilila! ',Whin \ inion ;IpproyaI w III he subject to compliance with the fellow Ing requireuteuts. 1. ('nnsm,ct ecce saD vote, s stem iulpro'cmmnts. which shall includehut not hr limited to: a sen tse !metal. nit yy ill aeeonantldale a 5/8 -incl, ,oder to (rout each lot, lire h. droll: spaced It, more than 60(1 feel apart. lhn dead-end streets. the last lira hs dram shall he located tri one-half the sli.lunec troln the Iasi 11011se. or unit. {Writing the properlt or driseway or access to the property. and c. subject In other agencies' resiniremenls m ennstruct inlprovtutents within the road 'Ha in Twitting the property affected by the proposed dceelopment. the applicant shall he responsible fur the relocation and adjusunent or the Department's affected water system faoil tiles, shun d they be necessary. Planning Dept. Exhibit j Water, Our 571 ost 'Precious (Resource . , , NP 'Wa i A "( Cane The Department of Water Supply is an Epual Opportunity provider arc employer. 140689 Mr . /Link, kern. Ihr:ciar Pas,: 2 VIurda.'L 7CI Il ,lllil waste whoa pl prcpa.cIli pi JtO.LUiiel s.,oimp die aho'c Imprmrnlent. ntust he.uhmin:d I err rcahlvrrd m the Slit c ,( 1119,', C' i." 12einil the prevailing fav 'lilies ahun:a 'y hie, is siihiect to change. a• •hovvn hcl'itr: VWILII II. S 11,11261 F -P. One f I I initial service BL319 00 Five 01 additional units 4 $61195.00,'unit $30.475.00 l,talfC $31.79.1.00 I his is due and payable upon completion of the Install:nion al'the required "atersotem impn'v einem, and prior to final subdivision approval heiIg grunted. For 'our information. water commitment deposits are credited to"ards the final facilities requirement lin the development. Note that the amount of "mer commitment deposit may exceed the prevailing theilities charge amount: for example." hen requests for time extensions continue and are approved_ 1 -mil the development is finally. completed. these are separate and unrelated itents. In the event that anter commitment deposit. exceed the facilities charge. no refunds are applicnIAL. Submit the appropriate documents. properly prepared and executed. to convey the "ater system improvements and necessary casements to the Nater Board ofthe County of 1189 ;WI prior to final subdivision approval being granted. A registered land surveyor shall stamp and ernily the nines and hounds description Within the convn ince documents. I lowever. prior to "ater meter vervices being granted to the development or am Int•'. ithin. the cunvevance documents shall he accepted by the Water Board. Should there he ar' question. 961-M70. extension 2253. 4dG, pl onlact Nt r. Troy Sanlura of our Water Resources and Planning Branch at SmcercIv '. er. VVV1 -' Reith F. Okamoto I'I Ylanagu-t'hic1 Iiiuincs copy - It 1 imoth) Joseph and pl• Kay 1.'un W;ud (' cupv of Rule 5 ofihe Rules mad 12eguIii lion• FROM: TO STA I'F: OF ILN\All Ull' \It 1%11 \ 101 I_\\IL\\II \ A I 1 1r \I. 1 1wl I(( E 1 \\u UnISI(\ PuA I ul 1 R I ill I\ rd I lnpr II I I l II.N VII March 16, 2021 MEMORANDUM II 111[1114,0 \ TO: DLNR Agencies: Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR;n,hawaugov) X Div. of Forestry & Wildlife (rubyrosa t.terrago;a)hawaii.gov) Div. of State Parks X Commission on Water Resource Management (DLNR. CARWit hawai.gov) Office of Conservation & Coastal Lands X Land Division — Hawaii District (gordon.c.heit hawaii.gov) FR M'. Russell Y. Tsuji, Land Administrator Russell Tsd SUBJECT- State Land Use Boundary Amendment (SLU 21-000056) — Request for Change from Agricultural to Urban; and Change of Zone Application (REZ 21-000246) — Request for Change from Agricultural -5 Acre and Agricultural -1 Acre to Single -Family Residential LOCATION. 73-4350 Hawaii Belt Road, Kailua-Kona, Island of Hawaii; TMK. (3) 7-3-05.015 APPLICANT: County of Hawaii on behalf of Timothy & Kay Ward Transmitted for your review and comment is information on the above -referenced subject matter. Please submit comments by April 7, 2021. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlenek nakanluraid hewair cloy. Thank you. We have no objections. We have no comments. We have no additional comments. J) Comments are attached. Signed. Print Name Division_ Date' Attachments cc Central Files tanning Dept. Exhibit 5 Carty S. Chang, Chief Engineer Engineering Division Mar 30, 2021 DEPARTMENT OF LAND AND NATURAI, RESOURCES ENGINEERING DIVISION 1.14:Russell V. Tsuji Ref: State land I ve Boundary Amendment (SLIT 21-1100056)— Request for Change from Agricultural to Urban; and Change of Zone Application (REZ 21-0110246)— Request for Change from Agricultural -5 Acre and .Agricultural -I Acre to Single -Family Residential Location: 73-4350 Hawaii bit Road, KaihurKona, Island of Ilawaii TMK(s): (3) 7- 3-05:015 Applicant: County of Hawaii on behalf of Timothy & Kay Ward COMMENTS the rules and regulations the National Flood Insurance Program (NFII'), Title 44 of the Code of Federal Regulations 144(1FR1 are in effect when development falls within a Special Flood Hazard Area (high-risk areas). State projects are required to comply with 44C'FR regulations as stipulated in Section 60.12. 13e advised that 44CFIt reflects the minimum standards as set forth by the N1'113. Local community Ilood ordinances may stipulate hipper standards That can he more restrictive and would take precedence over the minimum N011' standards. The owner of the project properly andlor their representative is responsible to research the Flood I lazard Zone designation for the project. Flood I lazard Zones are designated on FF.MA"s Flood Insurance Rate Map, (FIRM). tt hich can be viewed 011 our Flood Ilvnrd Assessment Tool WHAT) (http:'/gis.hmw aiinflp.org'FHAT6 If there are questions regarding the local !loud ordinances. please contact the applicable County NP11' coordinating agency. beluwv: Oahu: Ott and Counts of I lonnlulu. Department of Planning and Permitting 8081768-8098 Ilattaii Island County ofI lawtaii. I)epartnxnt or Public Works 1808) 961-8327. hlaui',Molokai/Lanai County of Maui. Deportment of Planning (808) 270-7253. Kauai: Count) of Kauai, Department of Public Works (8081241- 4896. Date CAIRTY S. C'HIANG. CIIIEF F.NCINFER Mar 30, 2021 DAVID Y. IGE MEMORANDEM DATE: April 19, 2021 STATE OF HAWAII DEPARTMENT OF HEALTH P J -,)E Pro TO: Mr. 'tendo Kern Planning Director, County of Hawaii FROM: Eric Honda /fixr' District Environmental I health Program Chief SUBJECT: ELIZABEN A CHAP. MG. REC.) t, I .D DE LPAIRE': STATE LAND USE BOUNDARY AMENDMENT (SLU2I-0(XH)56) Request: Agricultural to Urban Change of Zone Application (REZ 21-00()240 Request: Agricultural -5 Acre ( A -5a) and Agricultural -I Acre (A -la) to Single - Family Residential -22,000 Square Feet (RS -22) Applicant: Timothy Joseph Ward and Kay Lynn Ward MIK: 7-3-005:015 The applicant would need to meet the requirements or our Department of Health Air Pollution Rules. Chapter 60.1. Title 1 I. State of Hawaii for fugitive dust control. 11 there is need to discuss these requirements. please contact our (lean Air Branch staff at Ph. 933 -0401 - The Department of Health (DOH), Clean Water Branch (CWB). acknowledges receipt of the subject document on March 30, 2021. 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 11-541. A Section 4(11 Water quality Ceniftcation (WQC) is required if your PianningnOt''y: Exhibit if 141257 end,' kern April 19. 2021 Page 2 0l 4 Requires a federal per Iiccnsc, ecrtificute. uppruv 11. registration, 01 Statutun csanptiun. and Mac is Irl in a discharge into State w diet. The lei ni `disch;uec--is defined in (lean Abater Act. Subsections 502(1 , 5022(121. and 50216). L'vunples of -discharge Indud2. has are not limned tu- allow ing the hallowfug pollutant, to enter Stine truer Trott the surface or in -water. solid tate rock/sand/dirt heat. sewageconstruction debris. ane underwater work. chemicals. Iugitive dust/spi ry/palm. agricultural wastes. biological materials, industrial wastes. concrete/sealant/epoxy. amd wuslring/cicani ng eflluenl. 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 (DAI. U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office IPOH) Tel: 80R-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 02-372-15111- To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e -Permitting Portal website located at: Itip,.pc li2 told. 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 'i available on the CWB website al .c.ahl I .t uiicar. National Pollutant Discharge Elimination System ( NPDES) permit coverage is required (or. S torni water associated with construction unit (ties for land disturbances of one 11) acre or ['lore. Land disturbance includes, but is not limited to, clearing. grading, grubbing. excavation, demolition, uprooting of vegetation. equipment staging, and storage areas. Storm seater associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 12226(h)(141(i) through ix)andlxil- Storm water and ce1ain non -sun -in water from a stall Municipal Separate SWIM Sewer System. Discharges of water pollutants into State .surface waters. Examples of these discharges include. but arc 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. undo lion April 19, 2021 Page 3 of 4 An :Ipplicatlon tot an NPDES ludo. ultra' permit must he submitted at lead 180 calend.0 kidv s beton' the conui.nc.nrm of discharge or stall of con.uuetion hies 'i Itt ICst and NPDES indisiduul permit. }nu must complete and submit the NPDES individual permit applicatioia lhis application is uvailahle on the c-I'crmiuun! ‘Nc1pate located at: A Notice of Intent (NOI) for coverage under a specific NPDES general permit must he 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 NO1. The NOI is mailable on the e -Permitting Portal website located w: batt, i._ n.icpci lair/. Please see 11AR, Chapter 11-55 for marc information on the NPDES individual permit and NPDES general permits- the specific NPDES general permits located in HAR. Chapter II -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: Imp //health hao.ni According to State law, all discharges related to the project construction or operalian 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 he required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement Noncompliance with water quality requirements contained in EIAR. Chapter 11-54 and/or permitting requirements specified in IIAR, Chapter 11-55 may he subject at penalties of $25.000 per day per v iolatinn_ Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative. civil inti criminal penalties for such violations. Polluted Runoff Control Manage projects identified in watershed-hased plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: tt o w 'Levan et sidt h pollut dumolhoutrnl. end.) Keru April 19, 2021 Page 4 ot4 It VOnI huve:my questions, please contuci M11s. Luanne Seta, Superviaar ul the lingine Sc. non. ('R'B, at iMIN 5$ 6 J 40. Comtmctiun sell% hies nmst eompl% mi dt the piuciyiom of 11,nvaii :Administrative Rules. Chapter 11.46. "('onuuuuite 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 ntu,vl he 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. Should there he any questions on this matter, please contact the Department of Health at 933- 0917. We recommend that you review all of the Standard Comments on our website 41e,mnenir.1.141 s it W nn: I i.ln.c.i 1 ti knish. Any comments specifically applicable to this project should he adhered lo. The same website also features a Healthy Community Design Smart Growth Checklist Checklist) created by Built Environment Working Group (BEWGfof the Ilawaii State Department of Health. The 13FWG recommends that state and county planning clepannun1s, developers, planners, engineers and other interested parties apply the healthy built enc ironmcnl principles in the Checklist whenever they plat or review new developments or redevelopments projects. We also ask you to share this list with others to increase community au armless on healthy community design. Kay, Christian From: Jaime cjfunakosh.@gmail com> Sent: Monday, May 3, 2021 5 15 PM To: Kay, Christian Cc: laimhifchotma Isom Subject: Re Ward SLIT Boundary Amendment/Rezoning Appi . cation and Map Mahalo Christian for the maps and information. As per our conversation this morning the rezoning sign that was placed on the side of the highway (Mamalahoa) was up for a couple of days before one side fell and was unreadable and the next day completely fell off and has not been replaced even after a call to Land Planning Hawaii LLC. On April 21 and 9:42 AM. Also a neighbor on Kaiminani lot 5, Ellen Greenbaum did not receive a letter of rezoning from TMK (3) 7- 3-005: 015 I do have a concern about their small subdivision exiting into the cut de sac as well. It is parallel to our road. (we have three houses on our road) The entrance/exit of the road is literally side by side with plants in between. Neither side will be able to see the other while driving straight down and out into the cul de sac. I'm not sure if anyone can come and see it but it is definitely a hazard. Mahalo for your time! Jairne Funakoshi 808-281-7569 Sent from my iPhone Sent from my 'Phone On May 3, 2021, at 8:41 AM, Kay, Christian <Christian-Kay@hawaiicounty.gov> wrote: Aloha Jaime. Per our conversation this morning, please see the attached application and a separate proposed subdivision map that's a little clearer Please let me know if you have any questions. Mahalo, Christian Planning Dept. Exhibit 7 191476 Kay, Christian From: John Pipan <john@landplanninghawaii.com> Sent: Wednesday, May 5, 2021 2:45 PM To: Kay, Christian Cc: Darrow, Jeff; Jackson, Maija Subject: Re. Ward Archaeological Site Preservation Questions Attachments: Ward Overlay with arch sites.pdf Aloha Christian, CON PLANTING DEPT fjfiy h 2021 P H3: 2 3 1. I have not found any indication that the survey of the preservation area was completed. 2. I see three main possibilities to address this issue if it crops up. (in order of preference) A. Redraw lot lines to allow for sufficient access around preservation buffer as there appears to be sufficient area in the lots makai to accommodate a slight shift. B. Plan for an easement across the flag portion of lot 6 to allow for access to lot 5, respecting the 20 -foot interim buffer. C. Perform data recovery on the two remaining sites, then there would be no preservation buffers. The neighbors that I spoke with today are opposed to this option. I overlaid the AIS map and Rezone exhibit (see attached) to compare. Page 5 of the AIS describes the survey methods and GPS accuracy of 2- 3 meters, which admittedly isn't great. However, the overlay shows approximately 15 -feet of clearance along the west boundary to the 20 -foot preservation buffer. If the preservation area survey indicates conflicts between interim buffer areas and the proposed lot lines, the lines could be adjusted. The lot areas shows some wiggle room to accommodate some adjustments prior to final subdivision (if necessary). I would see a condition requiring the survey and recording of the preservation area prior to subdivision approval as being appropriate. Lot lines could be adjusted at that point if necessary. Beyond that they will have to comply with SHPD regarding the preservation plan 3. I got your email with the memo, thanks. 4. The meeting went well, their concerns are: Safety of proposed access aligned alongside existing Easement E to the South. It seemed like there were two concerns here, safety of keiki around there and having other drivers in a "blind spot." We discussed a few potential mitigation measures (fence or rock wall, convex mirror, and/or trimming their plantings to maintain better visibility) Preference for preservation of arch sites General opposition to development Sign at property is still down as of yesterday - We instructed the property manager to fix it when we were first notified that it fell down (4/21). I'm not sure if it was put back up and fell again or was never put back up. I'll try to clear that up with the property manager. Best, John Pipan Planning Administrator Land Planning Hawaii LLC 194 Wiwoole St, Hilo, HI 96720 Planning Dept. Exhibit 8 14152,1 808) 333-3391 LAND".:. PLANNING i HAWAII LLC On Tue, 04 May 2021 16: 41: 55 -1000 Kay, Christian <Christian.Kay@hawaiicounty.gov> wrote Aloha John, Thanks for calling me back today. Per our discussion, can you please provide me with the following information re: the 0.12 -acre preservation area: 1. Metes and Bounds Survey Recorded at BOC: You mentioned you though the preservation area was already surveyed, however the site plan indicates the 10 -foot buffer is an approximate location and a review of the deed to the property did not include any recorded encumbrance related to the preservation area. Will you please confirm if the survey was done or not? 2. 20 -Foot Buffer Requirements: According to the preservation plan, a temporary 20 -foot buffer needs to be fenced and maintained during all phases of development. Per SHPD the fencing was installed in 2017. The preliminary subdivision plan submitted with the REZ application only shows the approximate location of the 10 -foot permanent buffer but didn't show the 20 -foot temporary buffer. Once the additional 10 feet is added, it appears that proposed lot 5 may be undevelopable as the temporary buffer would likely encroach in possible driveway areas, etc. Please indicate how the applicant intends to deal with this issue (i.e. reduce number of lots, re -design the subdivision, explore data recovery for the archaeological sites instead of preservation, etc.) 3. I will follow-up with you on DPWs determination on the applicability of the 8 -foot landscaping buffer required by the approved grubbing permit once I hear from Robyn. Hopefully it is a temporary condition, otherwise the applicants may not have the required ROW width for the proposed non-dedicable private roadway. 4. Please let us know how the meeting with Ms. Funakoshi goes. Please let me know if you have any questions. 2 M 1 JI T 1I II SUBJECT PARCEL C. al feature of So 95 ural 50•10-28- Site number pre - fixed by XA' 1IIINA111 Ka' irninani Drive 88 : £ CO toL11nti' ExcavatLl tracks 061 . 7 4104a.6.,.. .• Co6F297') A - So Z0.': 1:= A bra Or i. A. re •.,-.; rM!b• POrrr•6.. PA:/ CAO;, 761r , ( l:!. •, r. 4 10( 1) 27630' 7 rwrl., 46... Recently Cl 8)5.7: S 044C A+ J L1r+) J;w: pye eared area ti JYLLO,G •.A..4town: 4:`[:.. 3 _. 61-x. M+MS) 9w.tK! Proj 8Ct area boundary A - So ZON0G- A- 16 ZON: N X! AW FS. JY S4\ O'. RGA W7 L . 7: 9/ 116T • S- ry 1163+ 13661; 111 U 14 8_ 5TRtCr PAO.• 105' e0 : 0: •: - a-: 23, 5 5 SO. -. A 1r - ii • s an10P1112i, 5'r: r: rl4f6TAtlt/,, . 64 c"& , ( Nt: AA_ F. 2Z294 6. 4. 1 297 1 16 9703 . 1 2771. 001 SA 2995214 75.42 0. 2000 1612128•' 28.85 R-45.00 rLrU, 1 1668 D LOT •' E2 C59 5,0,1,F7.; SE 7C. P Dom' F A - bo J FROPC. EL• e2641 . 0T TU - 2 12, 929 SG. T) LOT 3 - B 3. 992 ACRES29792PR0.° G5E9 COT 3184 f22. 590 SG. FT.,) 0 R5- 22 ZO14iNG, 3. 985 ACRES) Fvested; arca 385.69 Sfe LOT 31- 914 35413 SIC, Fr) gin - cultural Va h; lster 47[ 1.1. pod 1A•••••••••• 1.4.44.,0297gi) arom 4 . 169 7x PROPOSE! LOTJr4,9C rx Rv 56' R • TU - 1 • p A . 54. / 0N76'& 276- 50, 1'- 1179. 66I Htwa• 1 -w frrw° ro. x'fe: rroE`W-4./037S 7 t, ine- f( 8 1500 Pr": ew1,al.ISSet" gxx6r Rw. i .. ,.: 4!Ow.',114) X NOTES: 1. Arn0167 c•• d : 7or46otc^, arc rc/ o% rod 10 Covc. rrrc.Ti Swr-y Tna: x, 1: otiao Stot:o6Ni467.RAh'EA". 2. Naaws 51 5. efs 01 cc, la.'o: 69 oar_ ys oro .'. rob 0603. 2611 Tao M. p ntvrca. 5: 25 t- - 1 10 a0 15: 9/ ALC Snow- - 85236 ihurnoe Street A AArea disturbed by adjacent is 16511/. 7' 1` r i Palo9 1/ 091 Su6L: viSi0k• o62 2 T :• !'! ou t5, 691 figure tl. Haun and Henry ( 2016) site location map A - 7c ZON,.. S Prterta Ease -, Int 711.4W v• rre.,AW Ise [ Wm arc . 77. REZONING EXHIBIT MAP SHOWING LOT 31- B Being a Portion of Grant 2972 to Kaapau and Kama At Kalaoa 5th, North Kona Island and County of Hawaii, State of Hawaii voorou roc TFMOTNY J. AND KAY L. WARD ( OWNERS) V. : cwt. Kern 78•• do Ca.. Ac77k42 an6A1771 . 1C YS 41. 6o!• Stme! MO, ', sc.,: ; 6 /YJ Modernmortaredwalllad KALA O. 11 5 M O O M A 1 sr VICINITY MAP L:, I , 6/ 71 500 rcrr it 8.f'7.2' ft. 56,46M4720 R. Cm? Also' 142 154EIr. Amaral 6)6 litWES THOMASlend 1 ASSOCIATESTE9 a') d SL SSr, J.V. 674.900,20.7 $1,3401 0069 1. 0464: 96/ 40 . 8tl' / LC 8898) 329-243.5 r7: 11908) 320- 5332 Oat 7.t. y4. iCM. slc7e.. L pS WAIlS A. N'1% 11Y7 U.+ C 3... wen. 1'7.3r .v0,, •. y C: CCC1 3 . MRI• S1A7 741: 143 7451.4.640 e ,. J . 4.. 0: I r ri: Rco:. Numb.. . 04.111 ro666: u.. . 7...'.. Ap.J51,55 PROJECT NO.: .... 15458. 3 iATF: APRE R, 2120 1614'? D WOK NO,: . • TAX AAP KEY: 7- 3- 005: 015 PRO DRISt0..) REVISED: DE/ Obt / JO, 2020 ( IS7?: 47Gi1t- 43i/A'Gt5) RF( MF17:= TgRIARY : R, 2021 ( 4' F70,1:... 16. SUE - API - AS)