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HomeMy WebLinkAboutRecord for Bolton, Inc. (SPP-16-000188) SPP 16-000188 BOLTON, INC. TAX MAP KEY: 7-5-017:044 EXHIBIT DOCUMENT DATE DESCRIPTION 1 3/1/2016 Special Permit Application from Bolton Inc. 2 3/3/2016 Planning Department (PD) Chapter 343 Review Checklist 3 3/3/2016 Planning Commission (PC)Application Intake Form 4 3/8/2016 PD Letter to Christy A. Logan acknowledge Special Permit Application 5 3/8/2016 PD memorandum to agencies for comments 6 3/9/2016 Department of Environmental Management comments 7 3/17/2016 Department of Public Works Engineering comments 8 3/18/2016 Police Department comments 9 3/23/2016 Email from Hawaii Department of Health Solid & Hazardous Waste Branch 10 3/23/2016 Affidavit of sign posting from Daniel B. Bolton 11 3/29/2016 State of Hawaii Department of Health comments 12 3/30/2016 Hawaii Fire Department comments 13 3/31/2016 State of Hawaii Office of Planning comments 14 4/1/2016 State of Hawaii Department of Land & Natural Resources Land Division agencies comments 15 4/6/2016 Department of Water Supply comments 16 4/15/2016 Letter from Daniel B &Janet T. Bolton in response to Warning Letter dated February 19, 2016 17 4/21/2016 Proof of Mailing First Notice to Surrounding Property Owners from Christy A. Logan, Bolton Inc. 18 4/22/2016 PD letter to Christy A. Logan enclosing public hearing notice for May 19, 2016 Leeward Planning Commission (LPC) meeting 19 4/29/2016 Proof of Mailing Second Notice to Surrounding Property Owners from Christy A. Logan, Bolton Inc. 20 5/4/2016 Letter from Bolton, Inc. in response to numerous agencies comments 21 5/6/2016 Email from Norman and Marion Moe in opposition to application 1 22 5/7/2016 State Historic Preservation Division comments 23 5/9/2016 Letter from Daniel B. Bolton clarification for permit request 24 5/9/2016 PD Background Report 25 5/9/2016 PD Recommendation Report 26 5/10/2016 Email from Charles H. Smith Jr. in opposition to application 27 5/10/2016 Email from Louis Thaell in opposition to application 28 5/10/2016 Email from Jeff and Laurie Price in opposition to application 29 5/12/2016 PD email to Christy Logan transmit Background and Recommendation Reports 30 5/12/2016 PD Email to Christy Logan transmit Petition for Standing in a Contested Case Hearing from The Community Associations of Hualalai 31 5/12/2016 Petition for Standing in a Contested Case Hearing from The Community Associations of Hualalai 32 5/12/2016 Email from Michael J. Matsukawa, Esq.,transmitting copy of filed Petition for Standing on behalf of Jeff Citron 33 5/12/2016 Email from Michael J. Matsukawa, Esq.,transmit filed copy of a Petition for Standing from The Community Association of Hualalai 34 5/12/2016 Letter from Michael J. Matsukawa Esq., in regards to Petition for Standing assisted Jeffrey M. Citron to prepare Petition 35 5/16/2016 PD email to Christy Logan transmit additional information 36 5/16/2016 Letter from Janet Fisher expressing concerns on application 37 5/16/2016 Email from Richard and Celeste Makrevis, Hualali Colony resident in opposition to application 38 5/16/2016 Testimony from Edward H. Schulman expressing concerns on application regarding Public Safety 39 5/16/2016 Email from Himiko Nishiyama in opposition to application 40 5/16/2016 Email from Judith and Timothy Knight in opposition to application 2 41 5/18/2016 PD email to Christy Logan transmit numerous testimonies and correspondence received 42 5/18/2016 PD Email to Christy Logan transmit testimony received from Michael Matsukawa, Esq. 43 5/18/2016 Email from Antril and Monica Suydam in opposition to application 44 5/18/2016 Photographs submitted by Tom Madson showing the Bolton trucks on Hualalai Road and leaving the base yard 45 5/18/2016 Signed petition to halt the present and proposed use of parcel and to deny Special Use Permit application 46 5/18/2016 Testimony from Michael J. Matsukawa, Esq. in opposition to application 47 5/19/2016 LPC 5/19/16 hearing minutes and transcripts 48 5/19/2016 Email from Robert Casparian in opposition to application 49 5/19/2016 Email from Peter S.R. Olson, Esq. request for continuance of the LPC hearing for May 19, 2016 50 5/20/2016 Letter from Michael J. Matsukawa, Esq. to Councilperson Dru Kanuha and Councilperson Karen Eoff regarding the Special Permit application 51 5/20/2016 Written testimony from Joel Cooperson in opposition to application 52 5/20/2016 Signed petition to halt the present and proposed use of parcel and to deny Special Use Permit application 53 5/20/2016 Signed petition to halt the present and proposed use of parcel and to deny Special Use Permit application 54 5/20/2016 Testimony of Jeffrey M. Citron in opposition to application 55 5/20/2016 Signed petition to halt the present and proposed use of parcel and to deny Special Use Permit application 56 5/20/2016 Testimony from James J. Hill and Barbara A. Hill in opposition to application 57 5/20/2016 Testimony from Phil Mosher in opposition to application 58 5/20/2016 Testimony from Marie Aguilar in opposition to application 59 5/20/2016 Testimony from Barbara Hussey in opposition to application 3 60 5/20/2016 Testimony from Tom Madsen in opposition to application 61 5/20/2016 Photos submitted by Rod Quartararu 62 5/23/2016 PD letter to Michael J. Matsukawa, Esq., acknowledging receipt of Petition for Standing and notify of LPC hearing on June 16, 2016 63 5/23/2016 PD letter rot Peter S.R. Olson, Esq. enclosing public hearing notice for 6/16/16 LPC meeting 64 5/23/2016 State Historic Preservation Division comments 65 5/31/2016 Letter of transmittal from Bolton, Inc., transmitting filing fee for the continuance request of the LPC hearing 66 5/31/2016 Email from Wendy P. Baez, Office of Council Member Karen Eoff transmitting letter from Michael J. Matsukawa Esq., dated May 20, 2016 67 5/31/2016 Email from Wendy P. Baez, Office of Council Member Karen Eoff transmit letter regarding 5/19/16 LPC hearing 68 6/1/2016 Letter of transmittal from Bolton, Inc., transmitting filling fee of$250.00 for the postponement of LPC meeting on 6/16/16 69 6/1/2016 Letter from Daniel B. Bolton, request a postponement of Special Permit until further notice and no longer represented by Olson and Sons 70 6/7/2016 PD letter to Daniel Bolton acknowledge receipt of Attorney Peter Olson 5/19/16 request for continuance and filing fee 71 6/7/2016 PD letter to Daniel Bolton acknowledge 6/1/16 request application be postponed and filing fee for continuance 72 6/23/2016 Email Proof of Mailing Third Notice to Surrounding Property Owners from Christy A. Logan, Bolton Inc. 73 7/12/2016 Letter from Christy A. Logan, Bolton Inc. comments on Special Permit Requirements 74 7/27/2016 PD letter to Christy A. Logan, Bolton Inc., in response to 7/12/16 letter and follow up to meeting on 6/30/16 75 8/9/2016 Email from Christy A. Logan, Bolton Inc., transmitting letter in response to PD letter dated 7/27/16 76 8/23/2016 PD letter to Christy A. Logan, Bolton Inc., acknowledge receipt of 8/3/16 letter 4 77 9/21/2016 PD letter to Christy A. Logan, Bolton Inc follow up up to PD letter dated 8/23/16 78 9/28/2016 Letter from Christy A. Logan, Bolton Inc.,formal request to withdraw Special Permit Application 79 9/28/2016 Letter from Michael J. Matsukawa, Esq. in response to PD letter dated 9/21/16 to Bolton, Inc. 80 10/4/2016 PD letter to Daniel Bolton and Christy A. Logan, acknowledge 9/28/16 letter requesting to withdraw the Special Permit application 81 10/11/2016 PD letter to Michael J. Matsukawa, Esq. advising applicant withdrew application and filing fee for Petition under separate cover 82 10/13/2016 Letter from Michael J. Matsukawa, Esq.,transmitting Petitioner The Community Associations of Hualalai Objections to PD Disposition of Application 10/17/2016 DUPLICATE TO ITEM #82 COR-16-108025 83 10/24/2016 Email from Barbara J. Hussey requesting current status of Bolton Inc. 5 PI.A KING DEPARTMENT C OIATY OF HA11,1XII SPECIAL PERMIT APPLICATION COUNTY OF HAWAII 2016 MAP, — I PM 2. 32 PLANNING DEPARTMENT ('Type or Print the requested information) APPLICANT Q If% APPLICANT'S SIGNATURE: Z41z,Il DATE: 311 ADDRESS: -73"- q1 lq lAkli koo+ ❑r,iy t1 Kqs; 14T 9iG7yQ LIST APPLICANT'S INTEREST IF NOT OWNER: I on TF G cAe)f TELEPHONE: (Bus.)$0g'32 '$L2yD[Horne) �7 (Fax) a0B'32.G'' IL47 ! l REQUEST: !� S�tA �°yTD�I�� u T�C��[��11 l� �T�f14 t��'7�, _f' CG i 5�1 AnckD,I lNa MrA Cr .0�n► urw1 M016C-i RE` ER PT DATE VD 6 No 12906 RECEIVED FROM -r-- F 0 ^F0' &JX iS !� y� 1 7�I DOLLARS 0 FOR RE>dT QrFOR ACCOUNT CASk -XI _ r�CHECK FROM TO PAYMENT Cad MONEY ORDEit BALD0 GREENY CARD BY 1) Filling fee: Check attached 2) 20 Copies of the Completed Application form 3) Background Information A) Proposed use(a&b),objectives and reasons(c), hours of operation (d) and employee/clientele levels (e) a) A base yard/staging area that will process, reclaim, organize for reuse, repurpose or disposal of misc equipment, materials and farm related materials. This yard will be used as a holding area for items reserved for future use.Various types of equipment and activity related tools including but not limited to forklifts,farm tractors, tandem trucks, hoisting equipment,etc. will need to be onsite for aforementioned activities as support equipment not subject to processing.This base yard shall be allowed a temporary dwelling for the harboring of an on- site security person, 24/7. There has been past issues with illegal dumping from Hualalai Road.As this property gets organized we don't want to have the burden added to by others. Two "permit areas" totaling 9.23 acres of a 24 acre parcel, as indicated on site map. b) "Commercial excavation" as defined by Hawaii County Code Chapter 25 (zoning code) section 25-1-5(b), and by any industry accepted standard construction practice. Practices include but are not limited to acts such as depositing, placing, pushing, crushing, dumping, pulling, transporting, or moving to a new location any soil, sand,gravel, rock or other similar material. Aforementioned materials from said practices may enter into commerce outside of this TMK boundary at some future time or may be stockpiled until a need arises. c) When this special use reaches a state of substantial completion, regular and ongoing maintenance, cleanliness and organization will be achieved.The site will exhibit the level of care taken to come into compliance and the good faith effort of being a good neighbor. Currently there is a complaint of violation with code enforcement. This complaint contends that there is a base yard and quarrying operations on the subject parcel.The objective is to resolve this complaint and come into compliance to clean up the parcel from years of misc equipment, saved materials, obsolete farm related materials and/or equipment that has accumulated.This task of clean up is an endeavor that will require designated space and time. Currently Bolton, Inc. has an active grading permit, #092524, and two active stockpile permits, #'s 092525 &092529, that have been issued by the DPW.These are for the Flood Channel Improvement project that stretches across both TMKs. According to planning department code enforcement the activities listed in item b)are considered to be operations that require a special permit. Bolton Inc was under the understanding that these activities were covered within our grading and stockpile permits. According to code enforcement this is not the case. As stated above one of our objectives is to comply with the code. d) Activities under this special permit will be Monday through Friday, lam to 5pm,with the exception of the security person as referenced in paragraph a). e) Employee and clientele levels will vary; however, clientele levels would be far lower than employee. Clientele levels are more difficult to quantify but a educated approximation would be 10-20 truck loads per day.This could be more than one truck up to several trucks or just one truck 10 times in a day. This site is jobsite like, not an office site. Daily operations of commerce are conducted at the main office located in the Kohanaiki Industrial Area at 73-4174 Huliko'a Drive, Kaiiva-Kona, HI 96740. All employees are dispatched from this locality. Employees performing work at the special permit site, in all likelihood, would be less than 6 at any one time. B) Subject property and locality a) The proposed use is on TMK 7-S-017:044 which is a total of 23.38 acres in sire.The "permit area" is within all available non flood zone area localities of 9.23 acres. One is 1.88 acres and the second is 7.1 acres with a access dirt road of.25 acres.These area are indicated on the map.The address for TMK :031 next door to the west makai side is 75-456 Hualalai Road Kailua-Kona, Hl. No address has been issued for TMK 7-5-017:044 . Currently on TMK :031, at the south mauka corner, Kona Coffee and Tea Company has coffee milling operations ongoing annually.This building has a total floor area of 6,550 sf. It is comprised of office space, an efficiency dwelling and shop with storage. Both parcels have had projects in the past shelved for various reasons. TMK :044 has undergone grading under previous permits that haven't been extended.These previously graded areas have been used to store items for future use. Both of these parcels have become,what seems like, resting places for items over many years. The topography of these parcels is gently rolling with some steeper areas. The areas specified for use under this permit request are located in all areas of TMK 7-5- 017:044 outside of the 100 year flood line. These areas are depicted on the map for TMK :044.An area that straddles both parcels in the amount of 6.03 acres is a permitted construction jobsite for a private project to improve the floodway based on a Conditional Letter of Map Revision prepared for FEMA.The upper mauka side of TMK :044 is vacant space for the future. This is the second permit area consisting of 7.1 acres. C) State and County Plans a) State Land Use designation:Agricultural b) County Zoning: A-1a c) General Plan: Urban Expansion d) Community Development Plan: Kona COP e) Special Management Area: Property is not within the SMA Dy Surrounding zoning and land use a) Surrounding properties are of similarly zoned A 1-a to the north and east. Properties to the west and south are zoned A-5a. There are properties zoned RS-10 and RS-7.5 further south. The surrounding land uses consist of mainly vacant land.There are residential subdivisions located a distance from the property to the north,west and south. All well over 500 feet. E] Flood Insurance Map Rate(FIRM) a) The FIRM that is currently in affect is dated 1994. Over the past few years new flood studies have been conducted. One was conducted by Lyons and Associates by Kona Coffee and Tea when designing the floodway improvement development. The County of Hawaii has conducted their own flood study and has submitted their information to FEMA. The letter of map revision that the county has submitted went into a 90 day comment period through FEMA as of February 9, 2016. Flood hazard areas identified on the Flood Insurance Rate Map are identified as a Special Flood Hazard Area (5FHA). SFHA are defined as the area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year.The 1-percent annual chance flood is also referred to as the base flood or 100-year flood. SFHAs are labeled as Zone A, Zone AO, Zone AH, Zones Al-A30, Zone AE, Zone A99,Zone AR, Zone ARAE, Zone AR/AO, Zone AR/A1-A30, Zone AR/A, Zone V, Zone VE, and Zones V1-V30. Moderate flood hazard areas, labeled Zone B or Zone X (shaded) are also shown on the FIRM, and are the areas between the limits of the base flood and the 0.2-percent-annual-chance (or 500-year) flood. The areas of minimal flood hazard, which are the areas outside the SFHA and higher than the elevation of the 0.2-percent- annual-chance flood, are labeled Zone C or Zone X (unshaded). b) The designation on this parcel is made up of AE and X along with portions that are not in a flood designation. It is within these areas that the special permit areas are positioned. The FIRM makes note of two natural drainage ways, referred to as Waiaha Drainage way Split flow#1 and Waiaha Drainage way Split flow#2.The current floodway improvement development is for Split flow#7. (1) At such time as the FEMA process concludes, and a new map will go into official affect, believed to be sometime in 2017, we would ask with this special permit for an expansion that would allow for the boundary to grow to the extent that it is still outside of the 100 year flood designation. Currently DPW, Engineering Div, has been instructed to work from the maps that are the most stringent in order to preserve life and property. This has caused the DPW to use not only one FIRM but all of them, the old one and the new one! This has made permitting within that department extraneous. F) Archaeological Resources a) A"no effect" letter from the State DLNR Historic Preservation Division is attached to this application. G) Floral and Faunal Resources a) The subject parcel is grown over with non native grass and shrub land. Scattered Kaiwi trees and elephant grass. Animals would include mongoose,feral cats, and the occasional feral pig. H) Valued Cultural Resources: a) There are no documented cultural rights that, are or have been in the recent past, exercised. It is required by state law that access must be granted for the practice of said rights if they exist. in such event access would be granted to the fullest extent permissible by state law. 1) Public Access: a) This subject property is not in a shoreline area or mountainous region. There is no public access such as this in this locality. J) Description of Access: a) This property is accessible from Hualalai Road. Hualalai is a two lane paved collector road owned and maintained by the County of Hawaii. It has a right of way of 40 to 50 ft with no paved shoulders.The condition of this roadway is poor and has been for quite some time. K) Traffic Imparts a] This property's access for ingress and egress is from Hualalai Road.This road is a two lane collector roadway that provides mauka-makai access from Queen Kaahurnanu Highway to Holualoa. This road has no paced shoulders and no sidewalks.The speed limit is 30 mph. Therefore, pedestrian traffic and/or bicycle travel are not considered. Traffic volumes have been documented in an Updated Traffic Analysis in March of 2013.This was conducted by Witcher Engineering LLP. From 7:15 am -8:15 am traffic on Hualalai Road was 170 vehicles per hour. From 3:15 pm -4:15 pm the vehicle volumes were recorded at 158 vehicles per hour. Due to traffic trends over the years and the addition of alternate routes off of Highway 11 mauka,the traffic volumes on this road have declined significantly. bj A grading permit from DPW has been obtained and no additional traffic impacts would be created by the special permit that don't already exist. Since the completion of Lako street and Puapuaaanue Hualalai Road has become much less traveled. Lj Utilities a] Water is available through meters and fire hydrant from DWS that is under our use from previous needs.Telephone, electricity and sewage disposal is not in any level of demand. 4) How the Request Meets the Following Criteria Ay The granting of this request will promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. The State Land Use Law and Regulations are intended to preserve, protect and encourage the development of lands in the State for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawaii. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The proposed use will be located within an area whose soils are classified as"E" or"Very Poor" by the Land Study Bureau's Overall Master productivity Rating and unclassified by the Department of Agriculture's ALISH map.The proposed use will not displace or diminish the agricultural potential of the area since this parcel has not been in agricultural use for some time.This use is,therefore, not contrary to the objectives of the State Land Use Law for the Agricultural district.This parcel is not in a Coastal Zone Management area. B] The proposed use will not adversely affect the surrounding properties as all adjacent land parcels have no housing. This parcel is isolated between vacant parcels with the nearest resident over 600' to the north from the north west boundary in. C] The desired use will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection.On the contrary, it will actually provide a great benefit to the community for improved drainage from flash flood occurrences,as was witnessed in Sept, 2015.The county road maintenance department had to do quite extensive repair on this property's north boundary bordering Hualalai Road, not to mention what had to be repaired farther downstream. Had this flood way been completed at the time of this flash flooding we would have possibly been spared such damage. More flood mitigation in the area needs to happen and this proposed use will help to make that feasibly possible. D) A currently unusual condition in this locality is the updating of FEMA's FIRM. Due to the process of adoption with the Federal agency, designing improvements become a doubled burden. The county DPW has been notified by FEMA to use the map that most protects life and property. This has been at the county's discretion. Under this special permit request it reduces the useable area. It is requested that when the new updated map becomes officially affective that our permit boundary on the property be allowed to expand to the limits of the 100 year flood lines in the areas that are shown on our application map. At this time, because of the process, the time line for map approval is expected to be finalized sometime in 2017. E) This parcel's soil rating from the Land Study Bureau's Overall Master Productivity Rating is an "E" or"Very Poor" and is unclassified by the Department of Agriculture's ALISH Map. Based on the aforementioned, this land is unsuited for the uses permitted within the district. F) The proposed use will alter the existing physical character of the subject property. However,the existing and essential Character of the land in its current state is somewhat disheveled.This proposed use will facilitate the enhancement of the area through the ability to clean up remnants from the past while at the same time improving the flood way. Gy The proposed use of this property will allow for improvements that are necessary for future, as well as our project, to meet the goals, policies and standards of the General Plan and other applicable documents such as community development plans and design plans. Flood plain improvements can serve as open space. Improvements such as this can connect people and communities and is consistent with the KCDP. Hy The Land Use Law and Regulations and the proposed use of this property are not in conflict. While the proposed use is unusual it is a reasonable use considering all of the circumstances, future urban expansion plans and proper flood plain management. Types of Equipment with Estimated Quantities 1. Backhoe metal track and rubber tired (1-3) 2. Roller (1-2) 3. Lowboy and trailers(1-3) 4. Tandem truck(1-2) 5. Flatbed truck (1-3) 5. Conveyor belts(1-3) 7. Water truck(1-2) 8. Farm tractors and farm trucks(1-8) 9. Material processing equipment and parts Misc Materials 1. Lumber 2. Pre fabricated forms 3. Tile 4. Stone 5. Scrap metals List of Surrounding Owners 1, Hu-Ko-PA LLC TMK 7-5-017:042 2. Brain R Cook Development, Inc. TMK 7-5-017:041 3, AS Partners LP TMK 7-5-017:040 4, Hualalai Partners of Kona LLC TMK 7-5-017:043 5. Joseph A Gomes TR TMK 7-5-017:003 6. Stanley A Gomes TRST TMK 7-5-017:055 7. Stanley A Games TRST TMK 7-5-017:056 8. Stanley A Gomes TRST TMK 7-5-017:046 9. Stanley A Gomes TRST TMK 7-5-017:059 10, Stanley A Gomes TRST TMK 7-5-017:058 11, Stanley A Games TRST TMK 7-5-017:057 12, Daniel B Bo#ton, Kristina L Bolton, Daniel R Bolton, Malia L Bolton TMKs '031, 045, 046, :055, 055,057,058, 059 54 gY 916' •�� �rc •4'� � J�Qi• W k � Y ggggg t ri it 7 may"] 137 Slcr + 3 a k d d 2_ wo B ,ppm'!Iro r ry .Ar. + do, ee 'OP '4rrf Ar �frF' t' re ty•M,cr °'a• '� r�r X5613 x_691`� •a-. gyp. �p Pp _ Eft 6 r� r . SUTANNZ!.CASE CFAXUWMW DAVE)Y.IGE tf' Ge N,# nouns LANDANDMATURALDESaDr.�s OOVERNOROFHAwAn COPAERM ON WATER fE7n1lCE Wl1AOBFM • �{ iiW DEPUTY JEFFREY T.PETERSON A(�IIAiK:D4JnlDYFi fO MA MOFCON 1SY.Ys�7Yf1 RIW W nF 1011MICK b4 COl00NOr PA41 D OAST LLAME ? Oq�PAYXD/NOC E1 GK STATE OF HAWAII `�"""°""�'�F'RRM E FgffiS7lYAMMDDI)D J ��,,,► DEPARTMENT OF LAND AND NATURAL RESOURCES FIRraRcrnEDE unci+ KAHWLAWEALA DMERVEMOGUM IAV STATE HISTORIC PRESERVATION DIVISION STAIEFAM KAKUHIHEWA BURRING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII %707 February 11,2016 Mr.Daniel Bolton LOG NO:2015.04139 PO Box 898 DOC NO: 1602SN09 Kailua-Kona,HI 96745 Archaeology Aloha Mr.Bolton: SUBJECT: Chapter 6E-42 Historic Preservation Review—REVISED COMMENTS County of Hawaii Stockpiling Permit Kahului 1"Ahupna`a,North Kona District,Island of Hawaii TMK:(3)7-5-017:644 por. Thank you for the opportunity to review this stockpiling permit application that was received by our office on November 30,2015.According to the application, 14,900 cubic yards of material will be stockpiled on the subject parcel.This letter revises our previous letter dated December 2015(Log No.2015.04139,Doc.No. 1512SN09). A review of our records indicates that the subject project area has not been subjected to an archaeological inventory survey, and that the parcel was formerly designated as TMK: (3) 7-5-017:031. Our records also indicate that in 2006, SHPD made a determination of no historic properties affected for a grading and stockpiling permit on this parcel due to previous land alteration(Log No.2006.1602,Doc.No.0605MMOI). Based on current information,SHPD's determination is no historic properties affected for the proposed stockpiling activities on the subject parcel.Therefore,issuance of the germit for the arrrbbing activities mayproceed. In the unlikely 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 Sean Nileimaile at (808) 933-7651 or at Sean.P.Naleimaile awaii. ov for any questions or concerns regarding this letter. Aloha, Sm'&'OL' A - L'�' Susan A.Lebo,PhD Archaeology Branch Chief CC. Christy Logan(lo¢an .boltoninc.com) Warren H.W.Lee(public works(alhawaiicountv.eov) LAURA I MEltn LINDA LINGLE nllom-ftsw W%'F]i7:OROPIN .,.LAND ,.IABD AWP KATURALkP9U1 M RtLCSli41,Y.'AW I a(IC ARST 0194M KEY t.KA%VAILARA IMU1T 11MEC IOR.WAWA AOUAIiC klt R" }] _ MMPwU(WCM"TAWW CMIM61"DPI WATOC RRIOUNCEMAKFAMMM CUMNLYAMW AM CG&MJ.I-&" STATE OF HAWAII (.113FRVA7lQVANO REROURdEFT4ORCFAId�T I0.770(Rr7k((1 �mOf> DEPARTMENT OF LAND AND NATURAL RESOURCES M1r0 R MF.R3t,%TK 1. � Itt.TORIcrRFtr�IvnrRx( RAI kIOI.S\47?td.-A)RFMVF..CMM&4ION STATE HISTORIC PRESERVATION DIVISION Sr,+n AM.0 601 KAMOKIt,A BOULEVARD,ROOM 555 KAPOLEI,HAWAII 96707 March 24,2010 Darin Richardson LOG NO:2010.0757 Bolton, Inc. DOC NO: 1003MD23 PO Box 898 Archaeology Kailua-Kona, Hawaii 96740 Dear Mr. Richardson: SUBJECT: Chapter 6E-42 Historic Preservation Review— Request for Comment on a Grading Permit Application for 6.03 Acres Kahului I"Ahupua`a,North Kona District,Island of Hawai°i TMK: (3) 7-5-017:031 &044(both.gor) Thank you for the opportunity to comment on the aforementioned project,which we received on February 1,2010.We apologize for the delay in our reply.The project entails flood channel improvements for the Kona Coffee and Tea Company.We determine that no historic properties will be affected by this project because work will be contained within the existing flood channel(repairs to concrete,etc.)which is an already disturbed area. Should work be planned outside of this channel we request the opportunity to comment as there may be historic properties present outside the channel area. In the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and lava blisters/bubbles are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933- 7653. If you have questions about this letter please contact Morgan Davis at(808)896-0514 or via email to:morgan.e.davisnwhawaii._oo Aloha, Theresa K. Donham,Lead Archaeologist Hawaii Island Section State Historic Preservation Division Cc:Ty Dempsey,P.E.,CFM,LEED AP,Project Manager,Lyon Assoc.,45 North King Street,Suite 501, Honolulu,Hawaii 96817-5107 -. ---- --•- I nia will. r16ba1rati0u dutl Cd[ NUCU T-Z51 P 013/016 F-571 rt •►t� rtrs:tvaaNc � ' '� er�wwa,wsa.r��esrr.Wrr so,,, t MAftl�A �evrr'�'^...-trac oo�NO}ifMA7�or�¢ <` STATE OF HAWAII Sok IMPARTMENT OF LAND AND NATURAL MOMCIS gw•o..+x' .awe STATE HIUMM PBESEIRVAMONDISRSION ' y,w �O°'��°" 601 X MOKMABOU EVANA,ROOM 555 vmur'a KGIMM;HAWAH%707 May 22,2006 Kona Coffee 8t Tea Co. LACT NO. 2006.1602 do Mr.Dan Bolton DOC N0:0605MMOI P.O.BOK 909 Archaeology K.ailua.-Kona,Hawsi`i 96745 Dear Mr.Bolton: SVBdEGT: Chapter 6E-42 Historic Preservation Review(CountylPublic Works)— Grading and Stockpiling Permits Kahului 1st!lhupua`a,North Korot District,Islatnd of Haw+ai`i 30M:(3)7-5-017:031 ' Project involves grading a portion of the property and stockpi1mg con9tuction material. We believe that no historic properties will be affected by this undeiYaldng because: ❑ a)intensive cultivation has altered the land ❑ b)Msidential development/urbanizaiion has altered the land MA c)previous grubbing/grading has altered the land d)an acceptable archaeological assessment or inventory survey found no historic properties e)this project has gone through the historic review process,and mitigation has been completed ® fl other:SHPD has reviewed and approved previous land alteration permits for the grading and stockpiling creat depicted on the gradlmg plan datedAdarch 20, 2006 Both areas were acknowledged as previously disturbed on our .-RPD reWew dated 1')Ctober 23, 2002 due tO work conducted under prrWous County permits#4730. 4513,and 4481. In the event that historic resources, including human skeletal remains, are idezi ied during the construction activities, ala work needs to cease in the immediate vicinity of the find,the find needs to be protected from additional disturbance, Rad the Stere 11i3toric Preservation Division, Hzwai`i Section, needs to be contacted immediately at(308)327-3691. Aloba, e , r tate Historic Preservation Division MM-jet CHAPTER. 343 REVIEW CHECKLIST FOR NEW APPLICATIONS THAT GO TO PLANNING COMMISSION AND,NEW.SUBDIVISIONS 1. Has an-EA or.EIS already been done for the project? If yes, stop, the requirement has already been taken care of. 2. Is there an EA trigger? --use of state or county lands, including construction within r.o.w. --use of state or county funds --use within conservation district --use within shoreline setback --uso within historic site on national or Hawaii register(see list in GP) --reclassification of conservation land --building of certain helicopterfacilities, see HRS sec. 343-5 amendment to county GP or CDP not initiated by county --construction of new WWTP 3erving>49 residences --conshuction of new fossil-fuel power plant> 5MW --expansion of existing fossil-fuel power plant by>5MW --new landfill --new waste-to-energy facility --new oil refinery If no trigger,check here. Stop,no EIS/EA needed, If tagger,check off trigger category or categories,go to#3. 3, Is the trigger on an exempt list or is it an exempt class of action? Review exempt lists and exempt classes of action. If no, stop. Project needs EA or EIS. Write applicant, explain, Reject application. If PPM, process but send applicant a letter explainin the must do EA and that no TA until this is done. g y If yes, list exempt list item or class of action here-, 4. Is the project as a whole similar to an exempt class of action? EXHIBIT 2 If no, stop. Project needs EA or EIS. 'Write applicant, explain. Reject application. If PPM, process but send applicant a letter explaining they must do EA and that no TA until this is done. If yes, go to#5. 5. Contact the agency whose exempt list it falls under. Let them know that we are considering exempting the project per the category. Ask for any objection. If no objection, go to A. If there is objection, see planning director. 6. Is the project in an unusually sensitive area, or are there successive actions planned that may have a cumulative effect? If yes or if in doubt, see planning director. If no, go to#'I. 7. Write brief letter to agency whose exempt list it falls under mentioning that we consulted with the agency and have determined this project is exempt from EA requirements under exempt list item . CC applicant. Process is now finished. Checklist completed by ', Date: �� 0 0 PLANNING COMMISSION APPLICATION INTAKE FORM File Number: Received: March 1,2016 Acceptance Date: March 1,2016 300ft/500fti l 000ft(REZ) Notification: (16`} { — (sign posted) Hearing Date: APPLICANT: Bolton,Inc. Mailing Address: 73-4174 Hulikoa Drive Kailua-Kona,HI 96740 Telephone No. 329-8240 Fax No. Email: Landowner(s): Daniel B.and Janet T.Bolton Agent: Christy A.Logan Mailing Address: 78-6949 Mamalahoa Hwy Holualoa,HI 96725 Telephone No.: 345-2173 Fax No. Email: Original: Agent Copies:Applicant Request: Special Permit to allow for a baseyardlstaging yard for equipment,storage of materials, stockpiling and crushing of natural materials for commercial use,and a security dwelling Tax Map Key: 7-5-017:044 Affected Area:9.23 acres (Acres) (Square Feet)Property is 23.738 acres) Tax Clearance:No Archaeological Clearance: Yes(SHPD letters) Metes&Bounds: No 2'x3'Site Map: Yes TIAR: N/A General Plan: UE SLU: Ag Zoning: A-1a CDP: Kona CDP SMA: No Chapter 343:N/A COMMENTS SENT RECEIVED COMMENTS SENT RECEIVED DPW-ENG—Hilo • Health • DPW-ENG—Kona • Health(Solid) • DWS DOT—Planning(HNL) • DEM • LUC Civil Defense • OP u P&R ! DOA • Police NRCS • Fire USFWS OHCD RPT — • DLNR(Honolulu) KVDC _ • DLNR-SIIPD DOE • Long Range Planning HELCO • Kona Planning • Admin Permits _ Kona Traffic Safety S.Kohala Traffic _ Community Assoc. DPW-Building REMARKS: Concurrent Processing/Related Files&Permits Prepared by: JWD Date: 03-03-16 Eden Logged by: Date: 1 v EXHIBIT 3 tw �V Duane Kanuha William P.Kenoi �4' .y Mayor Director Joaquin Gamiao-Kunkel � ,•�• g '�� Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy �`1,,, • • 101 Pauahi Street,Suite 3 Kailua�Ctma Havvai'i 96740 �un of Hawaii Kilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 March 8,2016 Christy A. Logan 78-6949 Mamalahoa Highway H61ualoa, HI 96725 Dear Ms. Logan: SUBJECT: Special Permit Application (SPP 16-000188) Applicant: Bolton,Inc. Request: Allow for a Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Tax Map Key: 7-5-017:044 This is to acknowledge receipt of the above-referenced Special Permit Application on March 1, 2016. Enclosed is a receipt for the filing fee. Please be informed,that in accordance with the Planning Commission's Rule 4.Contested Case Procedure,within ten(10)days after receipt of this letter,you are required to serve notice of your application on surrounding property owners and lessees of record within 500 feet of the perimeter boundary of the building site,as required in the Hawaii County Zoning Code, Section 25-2-4. In addition,upon notice by our department that the hearing date has been set,you are again required to notify all owners and lessees of record within 500 feet of the perimeter boundary of the building site. This second notice shall be served within ten(10)days after receiving notice from the director of the date of the scheduled hearing but not less than ten(10)days prior to the date of the scheduled hearing. Both notices shall include the following information: 1. Name of the applicant; 2. Precise location of the property involved, including tax map key identification, location map and/or site plan; 3. Nature of the application and the proposed use of the property; www.cohnlanningde t.comm Hawaii County is an Equal Opportunity Provider and Employer Plannina(a�hawaiicountv.g v _MAR - 8 2016 __ _ EXHIBIT 4 Christy A. Logan Page 2 March 8, 2016 4. Date on which the application was Tiled with the director or the pion; 5. Inform the landowner or lessee that they have a right to submit a written request for a contested case procedure. Should they seek to intervene as a party, they shall file a written request on the form, "Petition for Standing in Contested Case Hearing." This form shall be included in both notices to the landowners and lessees. The request shall be filed with the Planning Commission at 101 Pauahi Street, Suite 3,Hilo, Hawaii 96720; and accompanied by a filing fee of$200 payable to the Director of Finance. The required information shall be submitted no later than seven(7) calendar days,prior to the Commission's first scheduled public hearing to consider the application; 6. Inform the landowner or lessee that should they choose not to submit a written request for a contested case procedure, they may express their support/opposition in writing or by oral testimony at the Planning Commission public hearing to be scheduled; 7. Date, time and place that the public hearing will be held to consider the application (include in second notice);and 8. Contact information(name and phone number) for the applicant or representative and the Planning Department should there be any questions. Please inform the surrounding property owner that the application is available at the Planning Department for public review. Prior to the date of the hearing, the applicant is required to file with the Commission certified mail receipts,affidavits,declarations or other similar proof of mailing of both notices. Please also be advised that in accordance with Chapter 25 (Zoning Code),Article 2, Division 1, Section 25-2-12,Hawaii County Code 1983 (2005 Edition)and/or Planning Commission Rules of Practice and Procedure,within ten(10)days of being notified of the acceptance of an application, the applicant shall post a sign on the subject property notifying the public of the following: 1. The nature of the application; 2. The proposed use of the property; 3. The size of the property; 4. The tax map key(s) of the property; 5. That the public may contact the Planning Department for additional information; and 6. The address and telephone number of the Planning Department. Christy A. Logan Page 3 . March 8, 2016 The sign shall be not less than nine square feet and not more than twelve square feet in area,with letters not less than one inch high. No pictures,drawings,or promotional materials shall be permitted on the sign. The sign shall be posted at or near the property boundary adjacent to a public road bordering the property and shall be readable from said public road. If more than one public road borders the property, the applicant shall post the sign to be visible from the more heavily traveled public road. The sign shall, in all other respects, be in compliance with Chapter 3 (Signs),Hawaii County Code 1983 (2005 edition). The applicant shall file an affidavit with the Planning Department not more than five(5)days after posting the sign stating that a sign has been posted, and that the applicant will not remove the sign until the application has been granted,denied, or withdrawn. A photograph of the sign in place shall accompany the affidavit. The sign shall remain posted until the application has been granted,denied, or withdrawn. The applicant shall remove the sign promptly after such action. According to Planning Commission Rule 6 (Special Permits),the Commission shall conduct a public hearing on the request within a period of 90 days from the date of receipt of a properly filed application. The Commission shall act upon the application within thirty days after the close of the hearing or within a longer period as may be agreed upon by the applicant. We will notify you as to the date of the hearing as soon as it has been determined. Should you have any questions regarding the above,please do not hesitate to contact Jeff Darrow of this department at 961-8288. Sincerely, xall� 7U NUHA Tanning Director ABoltonincSPP16-188mad Enclosure cc: Bolton,Inc. William P.KenoiM-CV,OFy Duane Kanuha Mayor Director Joaquin Gamiao-Kunkel .,•� +:{. Deputy Director �1r os'N'i► West Hawaii Office 74-5044 Ane Keohokalole Hwy East Hawaii Office Street,Suite 3 KMua-Kama,Hawaii 96740 �un of Hawaii, 101 Hilo,uahi' Hewai'i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 March 8, 2016 MEMORANDUM TO: DPW-ENG-KONA DLNR-HONOLULU DWS DLNR-HPD DEM HEALTH POLICE HEALTH (SOLID) FIRE LUC DEPT. OF AGRICULTURE OFFICE OF PLANNING LONG RANGE PLANNING KONA PLANNING ADMINIST TIVE PERMITS FROM: UA �KiANUHA lanning rector SUBJECT: Special Permit Application (SPP 16-000188) Applicant: Bolton,Inc. Request: Allow for a Baseyard/Staging Yard for Equipment, Storage of Materials,Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Tax May Key: 7-5-017:044 The enclosed Special Permit application is being forwarded for your review. May we please have your written comments by April 4.2016. Otherwise, we will assume that you have no comments or objections on the request. Should you have any questions,please do not hesitate to contact Jeff Darrow of this department at 961-8288, ext. 8158. Thank you very much. MBoltonincSPP 16-188mad Enclosure SCANNED www_cohvlannindeP-t.com Hawaii County is an Equal Opportunity Provider am'Employer Planni a hawai 4„t ,v_70 16 YJ'iiL]1! EXHIBIT 5 William P.Kenos *� 1 y 0 BJ Leithead Todd Mayor Director r Randy Kurohara '•.. ,M'G►` _ .k �1�� r'riRT�.1EN John A.Medeiros Managing Director �IUV j 1 �r HF�V1A11 Deputy Director Count of funt`t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Keknanlio`a Street,Suite 41 - Hilo,Hawaii 96720 (808)961-8083 -Fax(808)961-8086 http://www,hawai irnunty,goy/environmental»managemend MEMORANDUM Date : March 9,2016 To . DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director 0.11, Subject: Special Permit Application (SPP 16-000188) Applicant:Bolton,Inc. Request:Allow for a Baseyard/Staging Yard for equipment,Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling TMK:7-5-017:044 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments ( ) Commercial operations,State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. O Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. Ample and equal room should be provided for rubbish and recycling. (�Q) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations,or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: County of Hawaii is an Equal Opportunity Provider and Employer. 104545 EXHIBIT 6 � ?i! William P.Kenoi .' ', BJ Leithead Todd Mayor Director J • - ��:•'�� Randy Kurohara •►i•o;•M,+ John A.Medeiros Managing Director Deputy Director Oarid (d Haid` DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanab`a,Suite 41 - Hilo,Hawaii 96720 (808)961-8083 -Fax(808)961-8086 http://hawai icounty.gov/environmental-manaeemend MEMORANDUM Date : March 29,2016 To . DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director r"(1 Subject: Special Permit Application(SPP 16-000188) Applicant:Bolton,Inc. Request:Allow for a Baseyard/Staging Yard for equipment,Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling TMK:7-5-017:044 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: .yieHlrota�_=—WASTEWATER COMMENTS: (Contact Wastewater Division for details.) (X) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. ( ) Check or line out as applicable: [ ]If required by the Director of the Department of Environmental Management("Director of DEM"), [ ]applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. (X) Other. This area is within the Critical Wastewater Disposal Area(CWDA)and is within the l mile buffer area established by the Kona CDP for priority areas to be sewered. DEM recommends that SMA require that sewer lines be installed in Alii Drive for this section and that properties along Alii Drive be sewered with wastewater treated by the privately owned Heeia WWTP.` County of Hawaii is an Equal Opportunity Provider and Employer. PLANNING DEPARTMENT DEPARTMENT OF PUBLIC WORKSCOTITY OF 11AIVIAll COUNTY OF HAWAII HILO, HAWAII 1016 MAR 18 N-1 3. 27 DATE: March 17, 2016 Memorandum TO Duane Kanuha, Planning Director Planning Department FROM Ben Ishii, Division Chi Engineering Division SUBJECT Special Permit Application (SPP 16-000188) Applicant: Bolton Inc. Location: Kahului 1St, North Kona, HI Request: Allow for a Base yard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials For Commercial use and a Security Dwelling TMK: 3 / 7-5-017:044 We reviewed the subject application and our comments are as follows: BUILDING 1. All structures shall conform to all requirements of code and statutes pertaining to building construction. DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. Flood Zone "AE", affects the subject parcel as designated by the Flood Insurance Rate Map (Effective and Preliminary DFIRM). Any new construction, substantial improvements or land alterations within the composite floodplain boundaries of the regulatory maps are subject to the requirements of Chapter 27 - Flood Control of Hawaii County Code. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. 104333 Hawaii County is an Equal Opportunity Provider and Employer EXHIBIT 7 1ttn V 1w GD' emorandum to PD L, arch 17, 2016 t1 f• Page 2 of 2 13 a a7 t o f 2. The permitted floodplain alterations are apparently driving the submittal of this 13 r application. The floodplain is currently disturbed on adjacent parcel 31. The V un-stabilized condition is an unacceptable erosion hazard. To the extent this ° permit will fadilitate the timely completion of the permitted alterations, we support o the applicant request and the expedient processing of it. U l ,t ROADWAYS 1. Hualalai Road-'serving the subject property, is a County collector road. It has an 18-20-ft. wide pavement within a variable right-of-way width. It is substandard based on width, alignment and roadside hazard clearances. 2. The existing driveway approaches are nonconforming and shall be brought into compliance with Hawaii County Code. All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code and County Standards. All sight distances shall meet ASSHTO guidelines. 3. Should additional improvements of Hualalai Road at the project entry, be required by DPW during the life of the permit, the applicant shall provide such improvements in a timely manner at no cost to the County of Hawaii. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323-4851. KE copy: ENG-HILO Hawaii County is an Equal Opportunity Provider and Employer William P.Kenoi �'•'`+��O•h�'�".' PI.AIIIIIING DEP Af'T13ENT Harry S.Kubojiri 1,!TV r 1'»iI Police Chief Mayor �(?�} �} Ihs,l .�>•: 1016 MAR 22 P11 3: 46 Paul K.Ferreira T�O%Mir Deputy Police Chief County of Hawai'i POLICE DEPARTMENT 349 Kapi'olani Street • Hilo.Hawai'i 96720-3998 (808)935-3311 • Fax(808)961-2389 March 18, 2016 TO (:: DUANE UHA, PLANNING DIRECTOR FROM L . KEALOHA, JR., ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT SPECIAL PERMIT APPLICATION (SPP 16-000188) APPLICANT: BOLTON, INC. REQUEST: ALLOW FOR A BASEYARD/STAGING YARD FOR EQUIPMENT, STORAGE OF MATERIALS, STOCKPILING AND CRUSHING OF NATURAL MATERIALS FOR COMMERCIAL USE AND A SECURITY DWELLING TAX MAP KEY: 7-5-017:044 This is in response to your memorandum dated March 8, 2016, regarding a request for comments on the special permit application at the above-mentioned location. Thank you for allowing the Hawaii Police Department to make comments regarding this development. At this time, the Hawaii Police Department has no comments. Should you have any questions or concerns, please contact Captain Randal M. Ishii, Commander of our Kona Patrol Division, at 326-4646, extension 299. r RI/jaj RS 160178 "Hawai'i County is an Equal Opportunity Provider and Employer" 104390 EXHIBIT 8 Darrow, Jeff PLANNING DEPARTMENT From: Ichinotsubo, Lene K <lene.ichinotsubo@doh.hawaii. ov> Sent: Wednesday, March 23,2016 2:50 PM 101 11,�R 23 PIN 12: 4 1 To: Darrow,Jeff Cc: Nichols,Todd D;Otsu, Lane M Subject: Special Permit Application (SPP16-000188) DearJeff, The Department of Health(DOH),Solid Waste Section received the subject Special Permit application. We offer the following comments: 1. The adjacent TMK:7-5-017:031,also owned by Mr. Daniel Bolton,has outstanding solid waste issues,specifically the accumulation of approximately ten cubic yards of concrete waste and about 30 to 50 waste tires. Removal and proper disposal of these materials have not been documented. 2. The application identifies the proposed use as"A base yard/staging area that will process, reclaim,organize for reuse, repurpose or disposal of misc equipment, materials and farm related materials." From this description, the facility sounds like it may become a recycling and/or salvage facility. If the facility accepts waste and is not a regulatory-listed exempted operation,then a solid waste management permit may be required. 3. We understand from the application that"depositing,placing, pushing,crushing,dumping, pulling,transporting, or moving to a new location any soil,sand,gravel,rock or other similar material"may occur. If this activity is limited to clean,uncontaminated earthen materials,such that soils meet the Department of Health's Environmental Action level for unrestricted use,then the DOH's Solid Waste Section will not consider the material a waste and will not regulate the movement of the soil on-site or off-site. However,if contaminated soils or materials,or materials that do not meet the Hawaii Revised Statutes 342H-1 definition of inert fill,is moved off-site or brought into this facility,then the receiving facility shall have a DOH-permitted solid waste management facility. Please let me know if you have any questions regarding these comments. Lene Ichinotsubo Hawaii Department of Health Solid and Hazardous Waste Branch 919 Ala Moana Boulevard, Rm.212 Honolulu, Hawaii 96814 (808)586-4226 lene.ichinotsubo@doh.hawaii.gov 10442;1 1 EXHIBIT 9 PLANNING DEPARTMENT MPTY OF KkNA11 AFFIDAVIT OF Daniel B.Bolton 1016 '111-,,R 23 PM 12: 41 STATE OF HAWAII COUNTY OF HAWAII I the undersigned, 000 int Q- &\-:6t,),who's malting address Is PO Box 898,Kailua-Kona,HI 96745,do hereby state and attest to the following: 1. 1 posted a sign on the subject property notifying the public in accordance with Chapter 25 (Zoning Code).Article 2,Division 1,Section 25-2-12,Hawaii County Code 1983(2005 Edition)and/or Planning Commission Rules of Practice and Procedure. 2. 1 posted this sign on March 22nd,2016 adjacent to the public road bordering the subject property located at 75-476 Hualalal Road,Kailua-Kona,HI 96740. 1 declare to the,best of my knowledge,that the items listed above are true and correct. Daniel B.Bolton Date EXHIBIT 10 104428 PROPOSED: SPECIAL PERMIT APPLICATION(SPP 16-00188) 3 REQUEST:A BASEYARD 1 STAGING YARD 4 EQUIPMENT, STORAGE OF MATERIALS.STOCKPILING&CRUSHING OF NATURAL MATERIALS FOR COMMERCIAL USE,SCRTY DWLG TMK:(3)7-5-17:044 ,SIZE OF PROPERTY 9.23 ACRES OF 23.738. FOR ADDITIONAL INFORMATION, CONTACT THE OFFICES OF THE PLANNING DEFT. IN HILO AT THE COUNTY BUILDING. 101 PAUAHI ST., ROOM 3, HILO, HAWAII AT 961-8288,AND IN KONA AT THE WEST HAWAII OFFICE IN THE HANAMA PLACE OFFICE 8UILDING, 75-5705 KUAKINI HWY.,SUITE 109 KAILUA-KONA, HAWAII Al 327-3510 J . DAVID Y.IGE C 0, � VIRGpIN IA PR GSSLLER,M.D. GOVERNOR OF HAWAII �► .o S � �.yy�yy • la -uri.iIN ��,�a ��,'��. STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721.0916 MEMORANDUM DATE: March 29, 2016 TO: Mr. Duane Kanuha Planning Director, County of Hawaii FROM: Eric Honda VI's' District Environmental Health Program Chief SUBJECT: Special Permit Application (SPP 16-000188) Applicant: Bolton,Inc. Request: Allow for a Baseyard/Staging Yard for Equipment,Storage of Materials,Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Tax Man Key: 7-5-017:044 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements,please contact our Clean Air Branch staff at Ph. 933-0401. The applicant would need to meet the permit requirements of our Department of Health Air Pollution Rule, Chapter 60.1, Title 11, State of Hawaii for the proposed quarry operations. If there is need to discuss these requirements, please contact our Clean Air Branch staff in Honolulu, Ph. 586-4200. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 1146, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of Pas nr air must be equipped with mufflers. v 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. EXHIBIT11 ' 045 '2# 9 Duane Kanuha March 29, 2016 Page 2of2 Should there be 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: http://hawaii.gov/health/environmental/env-planningAanduseAanduse.htmI. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist)created by Built Environment Working Group(BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD: SPP 16-000188.eh William P. Kenoi -�"�t'"•' y Darren J.Rosario Mayor Fire Chtej IRR 31 9M 1,0 1 Lti. Renwick J.Victorino Deputy Fire Chief '''�'oi'd►o° aNi il(�►C :�I , .vrri ;ENT NOUN i r OF HAM/All ctCountp of 'aWai'i HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932.2900•Fax(808)932-2928 March 30,2016 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J.ROSARIO,FIRE CHIEF SUBJECT: Special Permit Application(SPP 16-000188) Applicant: Bolton,Inc Request: Allow for a Baseyard/Staging yard for Equipment,Storage of Materials,Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Tax Map Key: 7-5-017:044 In regards to the above-mentioned Special Permit application,the following shall be in accordance: NFPA 1.UNIFORM FIRE CODE,2006 EDITION Note:Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County of Hawaii amendments. County amendments are identified with a preceding "C"of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult,or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing,and the AHJ may require additional safeguards including,but not limited to,additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction_ 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. �AWA4 EXHIBIT 12 10 4 5L 6 �� Hawai'1 Coul1 fy is alt Equal Opportimity Proviarr,u11u c111ViUyrr. Duane Kanuha March 30, 2016 Page 2 C—18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments.The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area,with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility,building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes,parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one-and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Duane Kanuha March 30,2016 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography,waterways, nonnegotiable grades, or other similar conditions,the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m)of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R,the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D,or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C—18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected.An approved turn around area shall be provided if the FDAR exceeds 250 feet. C—18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C—18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such increase or reduction does not impair access by the fire apparatus,and approved signs are installed and maintained indicating such approved changes. Duane Kanuha March 30, 2016 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C—18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads(25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C—18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m)in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C—18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m)or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft(0.61 m)beyond each edge of the fire lane. Duane Kanuha March 30, 2016 Page 5 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads,trails, or other accessways not including public streets, alleys,or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads,trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Duane Kanuha March 30, 2016 Page 6 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs,tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed,tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1*A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings,or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies,the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. Duane Kanuha March 30,2016 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C—18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001-3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings,3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings,greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections(FDC)to alternative water supplies shall comply with 18.3.8 (1)- (6)of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting,such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water,the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4"for C900 PVC pipe; b) 4"for C906 PE pipe; c) 3"for ductile Iron; d) 3' for galvanized steel. Duane Kanuha March 30, 2016 Page 8 3) The Fire Department Connection(FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part,but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds,and detached garages 800 to 2000 square feet in size,and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings,and storage sheds greater than 2000square feet,but less than 3000 square feet and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 500 feet. Duane Kanuha March 30, 2016 Page 9 5) For buildings with an approved automatic sprinkler system,the minimum water supply required may be modified. If there are any questions regarding these requirements,please contact the Fire Prevention Bureau at(808) 323-4761. DARREN J. ROSARIO Fire Chief CB/ds OF DAVID Y.IGE OFFICE OF PLANNING GOVERNOR t STATE OF HAWAII LEO R.ASUNCION DIRECTOR OFFICE OF PLANNING V 235 South Beretania Street,6th Floor,Honolulu,Hawaii 96813 Telephone: (808)587-2848 Mailing Address: P.O.Box 2359,Honolulu,Hawaii 96804 Fax: (808}587-2824 Web: http://planning.hawaii.gov/ Ref.No. P-15094 March 31, 2016 �] Mr. Duane Kanuha, Director C Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 =~ r Attention: Jeff Darrow Dm^'o Dear Mr. Kanuha: Subject: Special Permit Application (SPP 16-000188) Applicant: Bolton, Inc. Request: To Allow A Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling. Tax Map Key: (3) 7-5-017: 044 Kailua-Kona, Hawaii We have reviewed the request for a Special Permit to allow a baseyard/staging area within a total area of 9.23 acres. The remainder of the 23.38 acre lot is within a flood zone. The flood zone area has an active grading permit and two (2) stockpile permits,to facilitate the flood channel improvement project on the lot. Thus,the SP is requested for the areas outside of the flood zone, and flood channel project. Activities will occur from Monday thru Friday, 7 am to 5 pm. A dwelling will house the security person on site in order to discourage illegal dumping. Approximately 10-20 truckloads of material will be stored on site every day. The site is zoned Agricultural 1 acre (Ala). The land contains soils that are classified as "D" and "E"under the Land Study Bureau (LSB) overall master productivity rating and "Unclassified"under the Agricultural Lands of Importance to the State of Hawaii (ALISH) system. Based on our review of the subject project relative to the Special Permit guidelines in Hawaii Administrative Rules § 15-15-95, we offer the following comments: EXHIBIT 13 1-04651 Mr. Duane Kanuha, Director March 31, 2016 Page 2 1. Hawaii Revised Statutes (HRS) Chapter 205 provides that the Agricultural District shall include lands with a high capacity for agricultural production, grazing, or other agricultural uses. It also recognizes that some lands may not be suitable for the uses permitted in the Agricultural District and therefore other uses may be allowed with a special permit. In this case, the site contains soils of poor quality not suitable for agricultural use. 2. OP recommends that the County consider imposing a condition that the Applicant seek a reclassification of the parcel from the State Agricultural District to the Rural or Urban District. The Rural or Urban Land Use District would be a more appropriate zoning given the anticipated long-term industrial use and the site's unlikely return to agricultural use. Thank you for the opportunity to review the Special Permit application. If you have any questions, please contact Lorene Maki of our Land Use Division at (808) 587-2888. Sincerely, Leo R. Asuncion Director c: Land Use Commission Camero, Tracie-Lee nil From: Jackson, Maija PLANNNG D`_,"'�RTMENT Sent: Friday,April 01,2016 7:43 AM ;OUN FY U1F HAWAII To: Camero,Tracie-Lee Cc: Arai, Daryn Subject: FW:Special Permit Application(SPP 16-000188); Request: Allow for a Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Attachments: Bolton,Inc.SPP 16-000188 03.31.16.pdf Traci-Please intake attached memo. Daryn-This is an example of the new memo DLNR Engineering Division is sending referring us to County DPW for flood zone info.Can you please discuss with Kelly?I am hoping we can ask Lydia to stop circulating our applications to their Engineering Division since they have nothing to add that we cannot get from DPW. Just trying to streamline processes. From:Morikawa, Lydia M [mailto:lydia.m.morikawa@hawaii.govj Sent: Friday,April 01,2016 7:02 AM To: Darrow,Jeff<Jeff.Darrow@ hawaiicou nty.gov>;Jackson, Maija<Maija.Jackson@hawaiicounty.gov> Subject:Special Permit Application(SPP 16-000188); Request:Allow for a Baseyard/Staging Yard for Equipment,Storage of Materials,Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Good morning, Mr. Darrow and Ms.Jackson; Attached for your review are comments for the subject application. Mahalo, Lydia Morikawa DLNR—Land Division 1151 Punchbowl Street,Rm.220 Honolulu,Howall96823 Phone: (808)587-0410 Fax:(808)312-6357 104604 s EXHIBIT 14 DAVmY.ICE DF N•Ik SULUVNC D.CASC GOVERNOROFHANAB .fir 10 BD 7 • CILURPERSON 4 ;y\C✓1 ;: BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE PIANACEMENT Y� STATE OF HAWAII T4r.a DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HON01.111.11.HAWAII 96809 April 1, 2016 County of Hawaii Planning Department Attention: Mr.Jeff Darrow via email: idarrow0.co.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Dear Mr.Darrow: SUBJECT: Special Permit Application (SPP 16-000188); Request: Allow for a Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR)Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division—Hawaii District on the subject matter. Should you have any questions,please feel free to call Lydia Morikawa at 587-0410. Thank you. Sincerely, s Russell Y.Tsuji Land Administrator Enclosure(s) cc: Central Files i 9 DAVID Y.Ica O"c.~q SUZANNE D.CASE GOMMOROPHAWAR ,�� �,aeD,� 1� CIWRPERSON BOARD OF LAND AND NATV IAL RPP^n CES COFIOHSSION ON WATER RESOURCE did and A, MANAGEMENT I STATE OF HAWAII o �reof DEPARTMENT OF LAND AND NATURAL RESOURCES I i_L '.'; I �. _, LAND DIVISION Lrn POST OFFICE BOX 621 ill 9�� O-, HON071T11LHAWATr 96809 �r LL March 11,2016 n;307" ro Hca Z MEMORANDUM amu° CP N TO: DLNR Agencies: Div. of Aquatic Resources _Div. of Boating&Ocean Recreation _KEngineering Division _Div. of Forestry&Wildlife _Div.of State Parks I ' _Commission on Water Resource Management _Office of Conservation&Coastal Lands X Land Division—Hawaii District -k-Historic Prese ' n FROM: Rus 1 Y.Tsuji,LandAdmimstrator SUBJECT: Special Permit Application (SPP 16-000188); Request: Allow for a Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling LOCATION: North Kona,Island of Hawaii;TMK: (3)7-5-017:044 APPLICANT: Bolton,Inc. Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by March 31,2016. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you. Attachments ( ) We have no objections. (�We have no comments. ( ) Comments are attached. Signed: Print Name: o C. /x/":;�P, Date: cc: Central Files t i t DAYmY.ICE .4 CF"� , RECEIVED SUZANNE V.CASK GOVERNOROFHAWAII yA� LO d9: �1 CIWRPERSON NO DIVISION BOA" O„, RE URC �d INIANAOER{ENT , a MAR 30 AM 10�52 '�sssa•ca�' STATE OF HA T. OF SOURCES �rrorH ° DEPARTMENT OF LAND AND N��l'' ng1M1 ' LAND DIVISION POST OFFICE BOX 621 HONOT.TIT.T1.HAWATT 96909 cri March 11,2616 MEMORANDUM o DLNR Agencies: ' Div.of Aquatic Resources _Div. of Boating&Ocean Recreation X Engineering Division s _Div.of Forestry&Wildlife _Div. of State Parks _Commission on Water Resource Management _Office of Conservation&Coastal Lands X Land Division—Hawaii District X Historic Prese n XOM: Rus 1 Y.Tsuji,Land Administrator SUBJECT: Special Permit Application (SPP 16-000188); Request: Allow for a Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling LOCATION: North Kona,Island of Hawaii;TMK:(3)7-5-017:044 APPLICANT: Bolton,Inc. Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by March 31,2016. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. (X) Comments a attache 01 Signed: Print Namarty han , Chief Engineer Date: cc: Central Files f ' r DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION To: Land Division/Russell Y.Tsuji COMMENTS i The rules and regulations of the National Flood Insurance Program(NFIP),Title 44 of the Code of Federal Regulations(44CFR),are in effect when development falls within a designated Flood Hazard. i The owner or the project property and/or their representative is responsibile to research the Flood Hazard Zone designation for the project. Flood Hazard Zone designations can be found using the Flood Insurance Rate Map(FIRM),which can be accessed through the Flood Hazard Assessment Tool(FHAT)(http://gis.hawaiinfip.org/FHAT). j National Flood Insurance Program establishes the rules and regulations of the NFIP-Title 44 of the Code of Federal Regulations(44CFR).The NFIP Zone X is a designation where there is no perceived flood impact. Therefore,the NFIP does not regulate any development within a Zone X designation. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may take precedence over the NFIP standards as local designations prove to be more restrictive. If there are questions regarding the local flood ordinances,please contact the applicable County NFIP Coordinators below: o Oahu:City and County of Honolulu,Department of Planning and Permitting (808)768-8098. o Hawaii Island:County of Hawaii,Department of Public Works(808)961-8327. o Maui/Molokai/Lanai County of Maui,Department of Planning(808)270-7253. o Kauai:County of Kauai,Department of Public Works(808)241-4846. i 1I ! I I i I i Signed: I CAPAYA. G,CHIEF ENGINEER Date: + I i pF WAT�t Q << 19 49 3 DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAII �P 345 KEKOANAO'A STREET, SUITE 20 - HILO, HAWAII 96720 �FHAWFfi' TELEPHONE (808) 961-8050 - FAX (808) 961-8657 C J � April 6,2016 C�S O` � z=� I-iF. D TO: Mr. Duane Kanuha, Director Planning Department = FROM: Keith K.Okamoto, Manager-Chief Engineer '-'Z SUBJECT: Special Permit Application (SPP 16-000188) Applicant: Bolton,Inc. Request: Allow for a Baseyard/Staging Yard for Equipment,Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Tax Map Key 7-5-017:044 We have reviewed the subject application and have the following comments. Water can be made available from an existing 8-inch waterline along Hual-alai Road fronting the subject parcel. Please be informed that the subject parcel does not have an existing water service with the Department. For your information, one(1)unit of water is equal to an average usage of 400 gallons per day,which is the estimated average daily usage for a single-family dwelling. The Department has no objection to the proposed application subject to the applicant understanding and accepting the following conditions: I. The Department requests that the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawaii,for review and approval. The water usage calculations shall include, but not be limited to,the estimated maximum daily water demand for all domestic and non-domestic water uses,such as landscaping/irrigation,swimming pools, and other water features. Each dwelling unit in the proposed development shall be assigned a minimum of one unit of water. Upon receipt of the estimated average daily water usage calculations,the Department will make a determination as to the necessary water system improvements required to support the development. 2. The proposed land use will require the installation of a reduced pressure type backflow prevention assembly, within five(5)feet of the existing meter(s)on private property. The installation of the backflow prevention assembly(s)must be inspected and approved by the Department before water service can be granted. 3. Submit construction plans prepared by a professional -ngineer, registered in the S rf Hawaii'i, for review and approval. S CAN E"D . . . Water, Our-%lost Precious WSsourx. . . K#WaiA ane. . APR - 8 2016 13VI 10473 The Department of Water Supply Is an Equal Opportunity provider and employer. FY"IRIT 11; ___ Mr. Duane Kanuha,Director Page 2 April 6,2016 4. Subject to other agencies'requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Should there be any questions, please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, 6kAw Keith K.Okamoto, P:+,.-. Manager-Chief Engineer TS:dfg April 12, 2016 Daniel B, Bolton Janet T. Bolton PO Box 898 Kailua-Kona, HI 96745 County of Hawaii Department of Planning 74-5044 Ane Keohokalole Hwy Kailua-Kona, HI 96740 Subject: Warning Letter (File No. 2015-035W) Complaint: Alleged Operation of a Quarry Alleged Construction Base Yard ZCV 2015-035W Kahului 1st & 2nd, North Kona, Island of Hawai'i, Hawai'i TMK:_7-5-017:031 & 044 (SUB-08-000741) Dear Mr. Horace Yanagi: I am in receipt of your warning letter dated February 19, 2016 in regard to the complaint referenced above. I would like to dispute the complaint and provide you with the course of action I have taken to resolve this matter. I respectfully disagree with the presence and use of a single type of equipment referenced in your letter categorically defining the activity of a Quarry. Nowhere in Chapter 25 do I find a definition of a Quarry nor was one cited in your letter. However in Means Illustrated Construction Dictionary, an industry reference resource, I do find the definition to say"An open excavation in the surface of the earth for the mining of stone". The activity that is alleged does not meet Chapter 25 (Zoning Code), Hawaii Co inky Code Section 25-1-5(b) Definitions for"Commercial excavation" as there has been no excavation of material from the subject property. Any alleged materials moving in or out of the subject property would have been in connection with "impending development from whUe it came or EXHIBIT 16 i a went to" and also would have been covered under a separate grading permit from said excavation. Under that definition and circumstance I deny that I am "operating a quarry" or that this situation meets the definition within the code of" Commercial excavation". To address the complaint of a base yard. I awn a fully functioning coffee farm and I do have milling operations ongoing on parcel 7-5-017:031. This is a permitted use under Section 25-5- 72(2), Agricultural products processing major and minor. Section 25-5-72(23) lists the permitted use of "Vehicle and Equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, livestock grazing and livestock production." Nowhere can I find the definition of "directly accessory" but I do find " Accessory Use" in Section 25-1-5(b). Under this definition the claim is made that vehicles and equipment that are, or can be or once were, used by the mill operations in any capacity are permitted. Directly accessory doesn't mean "exclusively used for". So based on that I would respectfully challenge that I arra in violation of anything. As a show of good faith and cooperation, I have filed an application for special permit with the Planning Department on March 1, 2016, (SPP 16-000188). We are currently in the comment period and I have not received official notice of my hearing date. Jeff Darrow is my point of contact in Hilo for this application and I am working closely with him to provide all necessary information. I am told that should the special permit be issued the complaint of alleged quarry operations and a construction based yard, which I dispute, would be moot. Sincerely, /��-IIY16�--— Daniel B Bolton LETTER OF TRANSMITTAL Bolton, Inc. " " - Date: 04/21/16 JSPP 16-000188 SPR 25 A(1 2 ATTENTION: Jeff Darrow P.O.Box 909,Kaitua-Kona,HI 96745 NNiNG C Df;RDAEI IT Phone(808)329-8240 Fax(808)326-1Vj,7'NN C)� HAWAII TRANSMITTAL NO. 1 TO: Jeff Darrow County of Hawaii Planning Department 101 Pauahi St, Suite 3 Hilo, HI 96720 GENTLEMEN: WE ARE SENDING YOU: F—D ATTACHED FJ UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS FJ SHOP DRAWINGS =1 PRINTS FJ SAMPLES Q SPECIFICATIONS COPY OF LETTER =CHANGE ORDER =CONTRACT Q PLANS COP.lE A.TE::::: ::;:pESCRIP.TtON': .. ..:................................................................... ......•..............•.•.............. •......•......... 11 4/21/2016 Proof of 1st notice mailing to surrounding roe owners THESE ARE TRANSMITTED AS CHECKED BELOW: = FOR APPROVAL APPROVED AS SUBMITTED RESUBMIT COPIES FOR APPROVAL EX FOR YOUR USE APPROVED AS NOTED SUBMIT COPIES FOR DISTRIBUTION EX AS REQUESTED RETURNED FOR CORRECTIONS RETURN CORRECTED PRINTS REVIEW/COMMENT RETURN AFTER EXECUTION PRINTS RETURNED AFTER LOAN TO US =OTHER REMARKS:Please contact me if there is anything else that you need. COPY T0: File SIGNED: ChristyA Loge n IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE EXHIBIT17 105038 , List Qf Surrounding Owners / J . Hu-Ko-PA LLC TMK 7-5-017:042 ✓y / . Brain R Cook Development,Inc. TMK 7- 17:041/✓ v�. JKS Partners LP TMK 7-5-017:040--'' rJ Hualalal Partners of Kona LLC TMK 7-5-017:043-/Z/ . Joseph A Gomes TR TMK 7-5-017:003✓ N6. Stanley A Gomes TRST TMK 7-5-017:055/,✓ �7'R Stanley A Gomes TRST TMK 7-5-017:056 V//, , Stanley A Gomes TRST TMK 7-5-017:046 Vrf " 9. Stanley A Gomes TRST TMK 7-5-017:059 V" 0. Stanley A Gomes TRST TMK 7-5-017:058 ✓✓ "11. Stanley A Gomes TRST TMK 7-5-017:057✓ 12. Daniel B Bolton, Kristina L Bolton, Daniel R Bolton, Malia L Bolton TMKs :031,045,046, :055,056,057,058,059 3/14/2016 qAPwic.riet/N—hmNaii—crisplay.php?county=hi—hawaii& 50170410000 . COUNTY OF H "'I"' Real Properttt,xx i Recent Saks in Area Previous Parcel Next Parcel Return to Main Search Page Hawaii Hame Real Property Home Owner and Parcel Information Owner Name COOK,BRIAN R DEVELOPMENT INC Fee Owner Today's Date March 14, 2016 C/O COOK,BRIAN R Mailing Address 78-7021 KEWALO ST Parcel Number 750170410000 KAILUA KONA, HI 96740-2834 Location Address Project Name Property Class AGRICULTURAL Parcel Map WCeiMap�plat iTMKI Maps Neighborhood Code 7007-5 Land Area(acres) 14.707 Legal Information LOT C 14.707 AC DES POR RP 1669 LCAW 8516-B:3 Land Area(approximate sq ft) 640,636 Assessment Information Show Historic_aI Assessments Market Net Taxable Market Assessed Net Taxable jue Property Dedicated Land Building Year Class Use Value Exemption end Buckling Building Exemption Building T Value Value Value Value Value V 2015 AGRICULTURAL $750,000 $6,200 $0 $6,200 $0 $0 $0 $0 $ Appeal Information No appeal Information on parcel. Land Information Property Class Square Footage Acreage Agricultural Usage AGRICULTURAL 640,637 F--- 14,707 Yes Agricultural Assessment Information Acres In Production Agricultural Type Agricultural Value 14.707 Soil:8 Use:A $6,177 This parcel has land in agricultural usage and therefore agricultural usage assessments have been made. Improvement Information No Improvement Information available for this parcel. Other Building and Yard Improvements Description Quantity Year Built Area Gross Building Value No Information associated with this parcel. Permit Information Date Permit Number I Reason Permit Amount No permit information associated with this parcel. Dept of Public Works Bldg Division Permit and Inspections Information Permit Date Permlt Type Permit Number I Permit Reason I Permit Description I Estimated Cost I Inspection Date I Inspection Status No permit and Inspections Information associated with this parcel. As a courtesy to the public,we provide building permit data as supplied by the Department of Public Works.As such,no warranties, expressed or implied,are provided for the data herein,Its use or its Interpretation,and accuracy. Sales Information Sale Instrument Instrument Instrument Date of Land Court Document Certl Conveyance Document Sale DateAmount # Type Description Recording Number # Book/Page Tax Type 12/10/2004 $1,000 04-252853 FEE Quitclaim deed 12/15/2004 1 Quitclaim CONVEYANCE deed 12/08/2004 4$375,000 04-252855 FEE Warranty Deed 12/15/2004 375 Warranty _ CONVEYANCE _ _ Deed 12/02/2004 $0 OTHER Mapping Change 12/02/2004 Mapping Change Current Tax BIII Information 2015 Tax Payments Show Historical Taxes Original Taxes Tax Net i i Amount Tax Perloi!Y� Description Due Date Assessment Credits Tax I Penalty Interest I Other Due $0.00 http1/gpublic9.q x"ic.neM hawafl_dsplay.php?county=hi_hawaii&KEY=750170410000 112 3114/2016 gpub, ic.net/N—hawaii—crisplay.php?county--N—hawaii&91&750170030000 C�O NTY OF HAWAVt � �t� .�., teal Proper - - Recent Sales in Area �eWaus Parcel Next Parcel ¢eturn to Main Search Page Real Proaerty Home Owner and Parcel Information Owner Name GOMES,IOSEPH A TR Fee Owner Today's Date March 14,2016 Mailing Address P 0 BOX 379 Parcel Number 750170030000 PAAUILO,HI 96776 Location Address 75-5706 HIENALOLI ROAD jProject Name Property Class AGRICULTURAL Parcel MapSShow PWCeI M Plat(TMK)Ma-o-- Neighborhood Code 7008-5 Land Area(acres) 43.059 Legal Information Land Area(approximate sq ft) 11,875,650 Assessment Information Show Historical Assessments Market Net Taxable Market Assessed BNet Taxable Total Year Property Land Dedicated Land Land Building Building Building Building Taxable Class Value Use Value Exemption Value Value Value Exemption Value Value 2015 AGRICULTURAL $985,000 $ 18,500 $0 $18,500 $151,500 $151,500 $0 $151,500 $170,000 Appeal Information No appeal information on parcel. Land Information Property Class Square Footage Acreage Agricultural Usage AGRICULTURAL 1,875,650 43.059 Yes Agricultural Assessment Information Acres In Production Agricultural Type Agricultural Value 42.809 Soll:8 Use:A $17,980 0.25 Soll:H Use:S $500 This parcel has land In agricultural usage and therefore agricultural usage assessments have been made. Residential Improvement Information Effective Total Building Year Year Square Room Full Half Bedrooms Framing Exterior Wali Roof Material Heating/AC Fireplace Grade Sketch Number Built Built Feet Count Baths Baths 1 1950 1950 1,271 7 2 1 5 Frame WOOD/SINGLE CORRUGATED 0 3- rsr B mi Ing i—I WALL IRON Other Building and Yard Improvements Description Quantity Year Built Area Gross Building Value GROSS BUILDING VALUE 1 2001 200 $200 BANK BARN 1 1998 2,400 $78,600 Permit Information Date Permit Number Reason Permit Amount 12/23/1997 976112 $20,000 05/07/1997 975363 $200 Dept of Public Works Bldg Division Permit and Inspections Information Permit Date Permit Type Permit Number Permit Reason Permit Description I Estimated Cost Inspection Date Inspection Status 02/12/1998 Electrical E985116* New $3,500 02/23/1998 COMPLETED 01/08/1998 Plumbing98M 5012*_ New $1,000 02/23/1998 COMPLETED 12/24/1997 Building79 6112* New $20,000 03/09/1998 COMPLETED 05/14/1997 Building7536 * Demolition $200 As a courtesy to the public,we provide building permit data as supplied by the Department of Public Works.As such,no warranties, expressed or Implied,am provided for the data herein,its use or its Interpretation,and accuracy. Sales Information Sale Instrument Instrument Instrument Date of Land Court Document CertConveyance Document Sale Date Book/Page _ Amount it _Type Description Recording Number it Tax Type 05/19/1997 $0 9700172025 FEE CONVEYANCE 12/10/1997 0.00 12/07/1994 $0 9500040358 FEE CONVEYANCE Warranty Deed 03/24/1995 0.00 Warranty 106/08/1987 $0 18700099784 FEE Deed 07/06/1987 20864/636 Deed httpJ/gpublic9.qpublic.neUhi_hawaii dlsplay.php?county=hi_hawaiiBKEY=750170030000 1/2 3/14/2016 ic.net/hi_hawaii dsplay.php?county--hi hawafl 750170430000 CO)tTY QF HAWAI . Relaid Property Td - 'r. Recent Sales In Area Previous Parcgi I Next Parcel Return to Maln Search Fade Hawaii Home Real Property Home Owner and Parcel Information Owner Name HUALALAI PARTNERS OF KONA LLC Fee Owner Today's Date March 14, 2016 C/O LEE BARRE17 Mailing Address 16541 GOTHARD ST.STE 109 Parcel Number 750170430000 HUNTINGTON BEACH,CA 92647-4472 Location Address Project Name Property Class AGRICULTURAL Parcel Map ShQW PartiMap�Plat(TMK) Maps Neighborhood Code 7007-5 Land Area(acres) 14.968 - Legal Information LOT E 14.968 AC DES POR RP 1669 LCAW 8516-B:3 Land Area(approximate sq ft) 652,006 Assessment Information Show Historical Assessments Market Net Taxable Market Assessed Net Taxable Total Property Dedicated Land Bumpti, Year Class Land Use Value Exemption Land Building Building Exemption Building Taxable Value Value Value Value Value Value 2015,-_I_ AGRICULTURAL $753,600 $0 $0 $753,600 $0 $0 $0 $0 $753,600 Appeal Information _ No appeal information on parcel. Land Information Property Class Square Footage Acreage Agricultural Usage AGRICULTURAL 652,006 14.968 Improvement Information No Improvement information available for this parcel. Other Building and Yard Improvements Description Quantity Year Built I Area Gross Building Value No Information associated with this parcel. Permit Information Date Permit Number I Reason Permit Amount No permit information associated with this parcel. Dept of Public Works Bldg Division Permit and Inspections Information Permit Data I Permit Type Permit Number I Permit Reason I Permit Description I Estimated Cost TInspection Date I Inspection Status No permit and Inspections information associated with this parcel. As a courtesy to the public;we provide building permit data as supplied by the Department of Public Works.As such,no warranties, expressed or Implied,are provided for the data herein,its use or Its Interpretation,and accuracy. Sales Information SaleInstrument Instrument Instrument Date of Land Court Document Cert Conveyance Document Sale Date Amount # Type Description Recording Number # Book/Page Tax Type 12/10/2004 $1,000 04-252853 FEE Quitclaim deed 12/15/2004 1 Quitclaim CONVEYANCE deed 12/08/2004 1,200,000 04-252858 CONVEYANCE FEE Warranty Deed 12/15/2004 1200 Warranty 12/02/2004 $0 OTHER Mapping Change 12/02/2004 Mapping Change Current Tax Bill Information 2015 Tax Payments Show Historical Taxes P — Original Taxes Tax Net Penalty Amount Tax Period Descrl tion Due Date Assessment Credits Tax Pena Interest Other Due 0.00 No Tax Information available on this parcel. Recent Saks in Area I Previous Parcel Next Pa reel Return to Main Search Page Hawaii Home Real Property Home The Hawaii County Tax Assessor's Office makes every effort to produce the most accurate Information passible. No warranties, expressed or implied,are provided for the data herein, Its use or interpretation.Website Updated: March 11, 2016 02013 by County of Hawaii Real Property Tai Otlice i Website design by nPublicnet httpJ/gpublicg.gpublic.net/Nri hawaii dsplayphp?county--N_hawaii&KEY=750170430000 1/1 3/14/2016 q "Ic.net/hi-hmNaii-display.php?county=hI hawaii 750170400000 CO!ONTY OF HAWAI :-� _ .deal Property Ta.�:. - Recent Sales in Area Previous Parcel Next ParcelI Return to main: Page Hawaii Home Real Property Home Owner and Parcel Information Owner Name JKS PARTNERS LP Fee Owner Today's Date March 14, 2016 Mailing Address 828 FORT STREET MALL STE 310 Parcel Number 750170400000 HONOLULU, HI 96813-4321 Location Address Project Name Property Class AGRICULTURAL Parcel Map Show PevicelMap Plat(TMK) Claps Neighborhood Code 7007-5 Land Area(acres) 14.682 — Legal Information LOT B 14.682 AC DES POR RP 1669 LCAW 8516-13:3 Land Area(approximate sq ft) 1 639,547 Assessment Information Show Historical Assessments Market Net Taxable Market Assessed Net Taxable Total Property Dedicated land Buckling Year Class end Use Value Exemption Land Building Building Exemption Building Taxable Value Value Value Value Value Value 2015 AGRICULTURAL $749,600 $6,200 $0 $6,200 $0 $0 $0 $0 $6,200 Appeal Information No appeal information on parcel. Land Information Property Class Square Footage Acreage Agricultural Usage AGRICULTURAL 639,548 14.682 Yes Agricultural Assessment Information Acres in Production Agricultural Type Agricultural Value 14.682 Soll:8 Use:A $6,166 This parcel has land in agricultural usage and therefore agricultural usage assessments have been made. Improvement Information No improvement information available for this parcel. Other Building and Yard Improvements Description Quantity Year Built Area Gross Building Value No information associated with this parcel. Permit Information Date Permit Number I Reason Permit Amount No permit information associated with this parcel. Dept of Public Works Bldg Division Permit and Inspections Information Permit Date Permit Type Permit Number Permit Reason Permit Description I Estimated Cost Inspection Date Inspectlon Status No permit and Inspections Informatlon associated with this parcel. As a courtesy to the public„we provide building permit data as supplied by the Department of Public Works.As such,no warranties, expressed or Implied,are provided for the data herein,Its use or Its interpretation,and accuracy. Sales Information Sale Instrument Instrument Instrument Date of Land Court Document Cert Conveyance Document Sale Date Amount # Type Description Recording Number # Book/Page Tax Type 12/10/2004 $375,000 04-252854 FEE CONVEYANCE Warranty Deed 12/15/2004 375 Warranty 12/10/2004 $1,000 04.252853 FEE Quitclaim deed 12/15/2004 1 Quitclaim CONVEYANCE deed 12/02/2004 $0 OTHER Mapping Change 12/02/2004 — Mapping Change Current Tax Bill Information 2015 Tax Payments Show Historical Taxes Tax Period Description Original Taxes Tax Net penalty Interest Other Amount Due Date Assessment _ Credits Tax Due $0.00 No Tax Information available on this parcel. httpl/gpublic9.gpublic.netRd_hawaii dsplayphp?county=hi_hawaiiBKEY=750170400000 1/2 3/1412016 qpu ic.netthi_hawaii_dsplay.plip?county=hi_hawaii 750170420000 CO TY MJF HAWAI�� . .Real Ptopenv T F Recent Sales in Area j Previous Parcel I Next Parcel Return to Main Search Paoe Hawaii Home Real Property jorlme Owner and Parcel Information Owner Name HU-KO-PA LLC Fee Owner Today's Date March 14, 2016 C/O BRENDAN LEE LLC Mailing Address 16541 GOTHARD ST STE 109 Parcel Number 750170420000 HUNTINGTON BEACH,CA 92647 Location Address Project Name Property Class RESIDENTIAL Parcel Map 'Show Parcel Map]plat(TMK) Maos Neighborhood Code 7007-5 Land Area(acres) 14.437 Legal Information I LOT D 14,437 AC DES POR RP 1669 LCAW 8516-B:3 Land Area(approximate sq ft) 628,875 Assessment Information Show Historical Assessments Market Net Taxable Market Assessed Net Taxable Total Property Dedicated Land Bulklin9 Year Class Land Use Value Exemption Land Building Bull Exemption Building Taxable Value Value Value Value Value Value 2015 RESIDENTIAL $746,300 $0 $0 $746,300 $0 $0 $0 $0 $746,300 Appeal Information No appeal Information on parcel. T Land Information Property Class Square Footage Acreage Agricultural Usage RESIDENTIAL 628,876 E 14.437 Improvement Information No Improvement Information available for this parcel. Other Building and Yard Improvements Description Quantity Year Built I Area Gross Building Value No information associated with this parcel. Permit Information Date Permit Number I Reason Permit Amount No permit information associated with this parcel. Dept of Public Works Bldg Division Permit and Inspections Information Permit Date I Permit Type Permit Number Permlt Reason I Permlt Description I Estimated Cost I Inspection Data I inspection Status No permit and Inspections information associated with this parcel. As a courtesy to the public,we provide building permit data as supplied by the Department of Public Works.As such,no warranties, expressed or implied,are provided for the data herein,Its use or Its Interpretation,and accuracy. Sales Information Sale Instrument Instrument Instrument Date of Land Court Document Cert Conveyance Document Sale Date Amount # Type Description Recording_ Number # Book/Page Tax Type 12/10/2004 $1,000 04-252853 FEE Quitclaim deed 12/15/2004 1 Quitclaim CONVEYANCE deed 12/08/2004 1,200,000 04-252857 CONVEYANCE FEE Warranty Deed 12/15/2004 1200 Warranty 12/02/2004 $0 OTHER Mapping Change 12/02/2004 Mapping Change Current Tax BIII Information 2015 Tax Payments Show Historical Taxes Tax Period ' Description Original Taxes Tax NetI�Penalty Interest Other Amount Due Date Assessment i Credlts Tax _1 Due 2015-2 Real Property Tax 02/22/2016 $0.00 $0.00 1 $3,750.16 $375.02 $41.25 $0.00 $4,166.43 $4,166.43 ,--'Tax bill Is computed to 03/31/2016 Or pay online at htti)://payments.ehawaii..gov/t)rot)ertvtax/hawall Other Payment Options Click Here Recent Sales in Area I Previous Parcel NexR parcel Return to Main Search Paae Hawaii Home Real Property Home The Hawaii County Tax Assessor's Office makes every effort to produce the most accurate Information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation,Website Updated: March 11, 2016 httpl/q"ic9.cpublic.riet/M_hawail dsplay.php?county=hi_hawaii&KEY=750170420000 1/2 X14/2016 ic.netth hawaff display.prcounty=hi_hawai1�750170460000IL1 CO TY OF HAWAII' ' -.Peal Property ' Recent Sates in Area Previous Parcel Next Parcel Return to Main Search Page Hawaii Home Real Property-Home Owner and Parcel Information GOMES,STANLEY A TRST Fee Owner,Tenants In Common Owner Name BOLTON,DANIEL R Fee Owner Today's Date March 14,2016 BOLTON,KIRSTINA L Fee Owner Show All Owners Mailing Address PO BOX 356 Parcel Number 750170460000 KAILUA KONA,HI 96745 Location Address 75-397 HUALALAI ROAD 11sro)ect Name Property Class AGRICULTURAL Parcel Map Shy parcelMap�Plat(TMK) Maas Neighborhood Code 7005-5 Land Area(acres) 13.236 Legal Information FROM: 7517-04 13.236 AC NEW PARCEL Land Area(approximate sq ft) 576,560 Assessment Information Show"Istorical Assessments Property Market Dedicated Land Net Taxable Market Assessed Building Net Taxable Total Year Class Land Use Value Exemption Land Building Building Exemption Building Taxable Value Value Value Value Value Value 2015 AGRICULTURAL $712,400 $0 $0 $712,400 $0 $0 $0 $0 $712,400 Appeal Information No appeal Information on parcel. Land Information Property Class Square Footage Acreage Agricultural Usage AGRICULTURAL 576,560 13.236 Improvement Information No Improvement information available for this parcel. Other Building and Yard Improvements Description Quantity Year Built I Area Gross Building Value No information associated with this parcel. Permit Information Date Permit Number I Reason Permit Amount No permit Information associated with this parcel. Dept of Public Works Bldg Division Permit and Inspections Information Permit Date Permit Type Permit Number I Permit Reason Permit Description Estimated Cost I Inspection Date I Inspection Status No permit and Inspections Information associated with this parcel. As a courtesy to the publiq we provide building permit data as supplied by the Department of Public Works.As such, no warranties, expressed or Implied,are provided for the data herein,its use or Its interpretation,and accuracy. _ Sates Information Sale Instrument Instrument Instrument Date of I Land Court Document CertConveyance Document Sale Date Amount # Type Description Recording Number # Book/Page Tax Type 02/07/2012 $0 OTHER Mapping Change Mapping Change Current Tax Bill Information 2015 Tax Payments Show Historical Taxes Taxi Description Original Taxes Tax Net penalty Interest Other Amount Due Date Assessment Credits Tax Due $0.00 No Tax Information available on this parcel. Recent Sales in Area I Previous Parcel Next Parcel Return to Main Search Page Hawall Home Real Property Home The Hawaii County Tax Assessors Office makes every effort to produce the most accurate information possible. No warranties,expressed or implied,are provided for the data herein, Its use or Interpretation.Website Updated: March 11,2016 02013 by County of Ilrwd9 Read Property Ta:Office i Website design by nPoblianet httpl/gpublic9.gpublic.net/hi_hawaii displayWcounty=hi_hawaii&KEY=750170460000 1/1 3/14/2016 qpu public.net/hi_hawaii dsplay.php?county=hi_hawaii 750170590000 IL CO iN TY of HAWAI .I . d_ erzl Property Rd�� . ,.. .ANN Recent Saks in Area Previous Parcet ,I•text Parcel Return to Main Search Page Hawaii Home I Real Property pme Owner and Parcel Information GOMES,STANLEY A TRST Fee Owner,Tenants in Common Owner Name BOLTON,DANIEL R Fee Owner Today's Date March 14, 2016 BOLTON,KIRSTINA L Fee Owner Show All Owners Mailing Address PO BOX 356 Parcel Number 750170590000 KAILUA KONA, HI 96745 Location Address 75-397 HUALALAI ROAD Project Name Property Class AGRICULTURAL Parcel Map Shunt parc�Plat(TMK) Maps Neighborhood Code 7005-5 Land Area(acres) 4.937 Legal Information FROM: 7517-04 4.937 AC NEW PARCEL Land Area(approximate sq ft) 215,055 Assessment Information Show Historical Assessments Market Net Taxable Market Assessed Net Taxable Total Property Dedicated Land Building Year Land Land Building Building Building Taxable Class Value Use Value Exemption Value Value Value Exemption Value Value 2015 AGRICULTURAL $448,200 $0 $0 $448,200 $0 $0 $0 $0 $448,200 Appeal Information No appeal Information on parcel. Land Information Property Class Square Footage Acreage Agricultural Usage AGRICULTURAL 215,056 4.937 Improvement Information No Improvement Information available for this parcel. Other Building and Yana Improvements Description Quantity Year Built I Area Gross Building Value No information associated with this parcel. Permit Information Date Permit Number Reason Permit Amount No permit information associated with this parcel. Dept of Public Works Bldg Division Permit and Inspections Information Permit Date I Permit Type Permit Number I Permit Reason i Permit Description I Estimated Cost I Inspection Date I Inspection Status No permit and inspections information associated with this parcel. As a courtesy to the public,we provide building permit data as supplied by the Department of Public Works.As such,no warranties, expressed or Implied,are provided for the data herein,Its use or its Interpretation,and accuracy. Sales Information Sale Instrument Instrument Instrument Date of Land Court Document Cert Conveyance Document Sale Date Amount # Type t Description cc Recording Number # Book/Page Tax Type 02/07/2012 $0 OTHER I Mapping Change 1 Mapping IIII IIII Change Current Tax Bili Information 2015 Tax Payments Show Historical Taxes Tax Period Description Original Taxes Tax i Net Penalty Due --l— Interest Other Amount Due Date Assessment Credits 1 Tax $0.00 No Tax Information available on this parcel. i Recent in Area I Q,fevlous Parce) Next Parcet Retur»to Mai»Search Pace }lawaii Home Real Property Home l!The Hawaii County Tax Assessor's Office makes every effort to produce the most accurate information possible.No warranties,expressed or implied, are provided !for the data herein, Its use or Interpretation.Website Updated: March 11,2016 0 2013 by County of Hawd'i Real Property Ta:Office i Website design by ublic.n httpl/gpublic9.gx"ic.net/hi hawaii dsplay.php?county=hi_hawaiiBKEY=750170590000 1/1 3/1412016 CPUpublic.net/hi_hawaii_dsplay.pWcamty=hi_hawaii 750170580000 COINTY CSF HAWAT.J ..'. eal Property Tldr.IL w Recent Sales In Area Previous Parcel .r Next Parcei Return to Main Search Page Hawaii Home Real Property Home Owner and Parcel Information GOMES,STANLEY A TRST Fee Owner,Tenants In Common Owner Name BOLTON,DANIEL R Fee Owner Today's Date March 14, 2016 BOLTON,KIRSTINA L Fee Owner Show All Owners Mailing Address PO BOX 356 Parcel Number 750170580000 KAILUA KONA, HI 96745 Location Address 75-397 HUALALAI ROAD Project Name i Property Class AGRICULTURAL Parcel Map ParCei I Plat(TMK) Maps Neighborhood Code 7003-5 Land Area(acres) 2.051 Legal InFROM: 7517-04 2.051 AC NEW PARCEL Land Area(approximate sq ft) 89,341 Assessment Information Show Historical Assessments MarNet Taxable Market Assessed Net Taxable Total Year Property Lanedicated Land Land Building Building Building Building Taxable Class Valse Value Exemption value Value Value Exemption Value Value 2015 AGRICULTURAL $3443 $0 1 , $0 $314,300 $0 $0 $0 $0 $314,300 Appeal Information No appeal information on parcel. Land Information Property Class I Square Footage Acreage Agricultural Usage AGRICULTURAL 1 89,342 L 2.051 _ Improvement Information No improvement Information available for this parcel. Other Building and Yard Improvements Description quantity Year Built I Area Gross Building Value No information associated with this parcel. Permit Information Date Permit Number I Reason Permit Amount No permit Information associated with this parcel. Dept of Public Works Bldg Division Permit and Inspections Information Permit Date I Permit Type Permit Number I Permit Reason I Permit Description I Estimated Cost I Inspection Date I Inspection Status No permit and inspections information associated with this parcel. As a courtesy to the public,we provide building permit data as supplied by the Department of Public Works.As such, no warranties, expressed or Implied,are provided for the data herein,Its use or Its interpretation,and accuracy. Sales Information Sale Instrument Instrument Instrument Date of Land Court Document Cert Book/Page Document Sale Date Amount # Type Description Recording Number # ge Tax Type 02/07/2012 $0 OTHER Mapping Change Mapping Change Current Tax Bill Information 2015 Tax Payments Show Historical Taxes Tax Period Description Original Taxes Tax Net I Penalty Interest I Other Amount Due Date Assessment Credits Tax Due $0.00 No Tax Information available on this parcel. Recent Sales In Area I previous Parcel Next Parcel Return to Main Search Page Hawali Home Real Property Home The County Tax Assessor's Office makes every effort to produce the most accurate Information possible. No warranties,expressed or implied,are provided for the data herein, Its use or Interpretation. Website Updated: March 11, 2016 0 2013 by County of 11swal'1 Real Property Tax Office i Webilte design by gPublic net httpl/q"ic9.gpublic.net/hi_hawaii display.phplcounty--N—hawaiiBKEY=750170580000 1/1 3114/2016 qpu ublic.net/hi_hswaii isplay.p4plcounty=hi hawalie &750170560000 CO Q TY OF HAWAI� Recent Sales Ini,Airea Previous Parcel mem t Parcel Returnto juin Search Pane Hawalt Home I Real Property Home Owner and Parcel I formation GOMES,STANLEY A TRST Fee Owner,Tenants In Common Owner Name BOLTON,OANIEL R Fee Owner Today's Date March 14, 2016 BOLTON,KIRSTINA L Fee Owner Show Ail Owners Mailing Address PO BOX 356 Parcel Number 750170560000 KAILUA KONA, HI 96745 Location Address 75-397 HUALALAI ROAD Project Name Property Class AGRICULTURAL Parcel Map Show Parcel Map Plat(TMK) Maos Neighborhood Code 7005-5 Land Area(acres) 4.179 Legal Information FROM: 7517-04 4.179 AC NEW PARCEL Land Area(approximate sq ft) 182,037 Assessment Information Show Historica I Assessments Property Market Dedicated Land Net Taxable Market Assessed Building Net Taxable Total Year Class Land Use Value Exemption Land Building ( Building Exemption Building Taxable Value Value Value Value Value ValueValue 2015 AGRICULTURAL $396,000 $0 $0 $396,000 $0 $0 $0 $0 $396,000 Appeal Information No appeal information on parcel. Land Information Property Class Square Footage Acreage Agricultural Usage AGRICULTURAL 182,037 4.179 Improvement Information No improvement Information available for this parcel. Other Building and Yard Improvements Description Quantity Year Built Area Gross Building Value No Information associated with this parcel. Permit Information Date Permit Number Reason Permit Amount No permit information associated with this parcel. Dept of Public Works Bldg Division Permit and Inspections Information Permit Date I Permit Type Permit Number I Permit Reason T Permit Description I Estimated Cost I Inspection Date I Inspection Status No permit and Inspections Information associated with this parcel. As a courtesy to the public,we provide building permit data as supplied by the Department of Public Works.As such,no warranties, expressed or Implied, are provided for the data herein,Its use or Its interpretation,and accuracy. Sales Information Sale Instrument) Instrument Instrument Date of Land Court Document Cert Conveyance Document Sale Date Amount # Type Description Recording Number # Book/Page Tax Type 02/07/2012 $0 OTHER Mapping Change Mapping Change Current Tax Bill Information 2015 Tax Payments Show Historical Taxes Tax Period Description Original Taxes Tax Net Penalty Other Amount Due bate Assessment Credits Tax Due $0.00 No Tax Information available on this parcel. Recent Sales In Area Previous Parce) jVexLearcei Return to Main Search Page M flawpii Homg Real Prgperty Home The Hawaii County Tax Assessor's Office makes every effort to produce the most accurate Information possible. No warranties,expressed or Implied,are provided for the data herein, Its use or interpretation.Website Updated: March 11,2016 O 2013 by County of flawai'i Real Property Ta:Office I Wcbsite design by oPublitnet http•J/gpublic9.cpLbic.net/N-hawaii cisplay.php7county=hi_hawaiiBKEY=750170560000 1/1 3114/2016 qpu ic.net/hi_hawaiLdlsplayphp?county=fv_hawaii 750170550000 CEO TY CSF HAWAII - �Real Property �.'�ay ,Recent Sales In Area Previous Parcel Mext_Parcel Return to Main Search Pa Hawaii Home Real Property Home Owner and Parcel Information GOMES,STANLEY A TRST Fee Owner,Tenants in Common Owner Name BOLTON,DANIEL R Fee Owner Today's Date March 14,2016 BOLTON,KIRSTINA L Fee Owner Shaw All Owners Mailing Address PO BOX 356 Parcel Number 750170550000 KAILUA KONA, HI 96745 Location Address 75-397 HUALALAI ROAD Project Name Property Class AGRICULTURAL Parcel Map Show PartxlMap1 Plat(TMK) Maos Neighborhood Code 7005-5 Land Area(acres) 8.223 Legal Information FROM: 7517-04 8.223 AC NEW PARCEL Land Area(approximate sq ttj 358,193 Assessment Information Show Historical Assessments Market Net Taxable Market Assessed Net Taxable Total Property Dedicated Land Building Year Class Land Use Value Exemption Land Building Building Exemption Building Taxable Value Value Value Value Value Value 2015 AGRICULTURAL $485,100 $0 _ $0 $485,100 $0 $0 $0 $0 $485,100 Appeal Information No appeal information on parcel. Land Information Property Class Square Footage Acreage Agricultural Usage AGRICULTURAL 358,194 ' 8.223 Improvement Information No Improvement Information available for this parcel. Other Building and Yard Improvements Description Quantity Year Built Area Gross Building Value No Information associated with this parcel. Permit Information Date Permit Number Reason Permit Amount No permit Information associated with this parcel. Dept of Public Works Bldg Division Permit and Inspections Information Permit Date Permit Type Permit Number I Permit Reason TPermit Description I Estimated Cost I Inspection Date Inspection Status No permit and Inspections information associated with this parcel. As a courtesy to the public,we provide building permit data as supplied by the Department of Public Works.As such,no warranties, expressed or Implied, are provided for the data herein,Its use or its interpretation,and accuracy. Sales Information Sale Instrument Instrument Instrument Date of Land Court Document Cert Conveyance Document Sale Date Amount # Type Description Recording Number # Book/Page Tax Type 02/07/2012 $0 OTHER Mapping Change Mapping Change Current Tax Bill Information 2015 Tax Payments Show Historical Taxes_ Tax Periood Description Original Taxes Tax Net penalty Interest Other Amount LLLLL Due Date Assessment Credits Tax Due $0.00 No Tax Information available on this parcel. Recent Sates in Area I Prevlaus Parcel Text Parcel Return to Main Search Paoe Hawaii Home Real Property Home iThe Hawaii County Tax Assessor's Office makes every effort to produce the most accurate information possible. No waranties, expressed or Implied,are provided ifor the data herein, Its use or Interpretation.Website Updated: March 11, 2016 0 2013 by County of Ilswai'i Real Property Tax Office I Website design by aPublic.net http://gpublic9.cpublic.neVtd hawaii display.php?county=hi_hawaii&KEY=750170550000 1/1 3/14=16 ublic.netrN hawaii tiisplay.php?cour ,--N_hawaii 750170570000 ILCO;f TY 4F HAWA�` -,.,,-Real Pj o,Perty� T :. Recent Sales in Area Previous Parcel I Next Parcel Return to Main Search Page Hawaii Home Real Property Home Owner and Parcel Information GOMFS,STANLEY A TRST Fee Owner,Tenants In Common Owner Name BOLTON,DANIEL R Fee Owner Today's Date March 14, 2016 BOLTON,KIRSTINA L Fee Owner Show All_Ow_ners Mailing Address PO BOX 356 Parcel Number 750170570000 KAILUA KONA, HI 96745 Location Address 75-397 HUALALAI ROAD Project Name Property Class AGRICULTURAL Parcel Map fShow partxl M PlatfTMKI Maps Neighborhood Code 7003-5 Land Area(acres) 2.903 Legal Informatlon FROM: 7517-04 2.903 AC NEW PARCEL Land Area(approximate sq ft) 126,454 Assessment Information Show Historical Assessments Market Net Taxable Market Assessed Net Taxable Total Property Dedicated Land Building Year Class Land Use Value Exemption Land Building Building Exemption Building Taxable Value Value Value Value Value Value 2015 AGRICULTURAL $319,000 $0 $0 $319,000 $0 $0 $0 $0 $319,000 Appeal Information No appeal Information on parcel. Land Information Property Class Square Footage Acreage Agricultural Usage AGRICULTURAL 126,455 2.903 Improvement Information No Improvement Information available for this parcel. Other Building and Yard Improvements Description Quantity Year Built I Area Gross Building Value No Information associated with this parcel. Permit Information Date Permit Number I Reason Permit Amount No permit information associated with this parcel. Dept of Public Works Bldg Division Permit and Inspections Information Permit Date I Permit Type Permit Number I Permit Reason I Permit Description Estimated Cost I Inspection Date I Inspection Status No permit and inspections information associated with this parcel. As a courtesy to the public,we provide building permit data as supplied by the Department of Public Works.As such, no warranties, expressed or implied,are provided for the data herein, Its use or Its Interpretation,and accuracy. Sales Information Sale Instrument Instrument Instrument Date of Land Court Document Cert Conveyance Document Sate Date Amount # Type Description_ Recording Number # Book/Page Tax Type 02/07/2012 $0 OTHER Mapping Change Mapping Change Current Tax Bill Information 2015 Tax Payments Show Historical Taxes Tax Period Description Original Taxes _ Tax Net Penalty Interest Other Amount Due Date Assessment Credits Tax Due $0.00 No Tax Information available on this parcel. Recent Saks in Area I Previous Parcel T Next Parcel I Return to Main Search Paoe Hawaii Home Real Property Home The Hawaii County Tax Assessors Office makes every effort to produce the most accurate Information possible. No warranties, expressed or implied,are provided ,for the data herein, Its use or Interpretation.Website Updated: March 11, 2016 O 2013 by County of llawai'i Real Property Ta:Office(Website design by gPublie.net httpl/gxUic9.gxUic.r> hawaii dsplay.php?county=hi_hawaiiBKEV=750170570000 1/1 � CERTIFIED MA�Lo WEIPT MAGL@ JWEIPT Domestic Mail Only | o~ Domestic Mail | | ~o � For delivery information,visit our website at wwwwsps.cil r%- N2--W-PrVr4-ATjInt Certified MaIS -5 ,l CAIVt)p r%. Uertified 1l [3 nalum fl(Owcmxk) ft mark Ap il 13 Rattan R."" Pl 4 [3 Callifled Mail Resbazied Do" to 0 Central Mall Restricted Dell S Postage C11 C3 Postage C 61 Postage and Fees r.3 Total Posta a and I!;. 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T ar ..s� G 1 ..5�", ...�U`�... et (� a bT�Nagy amu c k -�a`�"f=..1 t ,.. t $uiJn1 ,t ' Sure, P+d _.,... ». .... - - c CA 26 ( r Q b AlSr U.S. Postal Service"' CERTIFIED MAILP licEIPT .n Domestic Mail Only M o- F FLG I PSL Ufi « E � Certlfled Mait F N rl $ ra ervices Fees(check box add tee ea eppn)PVN;) �-Y�VVck[�6rk`� C04", ' ❑Return Receipt tuvdcwh $rl ❑Return Receipt(��) SQ ❑certmed Maw Restricted Ddv" S < "ere C ❑Adult 5"Ve Required $ Y ` Q ❑A"sign M Restricted DeMery S Q Postage O Total Postage and Farj M $ , if] o p St ►an iii P gox` o. . ate 3a .............................. ....... city+,tape,z . r j 0- Z67q5 OF William P.Kenoi '�' "!' Duane Kanuha Mayor Director Joaquin Gamiao-Kunkel Deputy Director e+•��• West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • i 101 Pauahi Street,Suite 3 Kailua-Kma,Hawaii 96740 County of HawaiHilo,tlawai`i96720 Phone(808)3234770 Phone(808)9614288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 April 22, 2016 Ms. Christy A. Logan 78-6949 Mamalahoa Highway Holualoa,HI 96725 Dear Ms. Logan: Special Permit Application(SPP 16-000188) Applicant: Bolton,Inc. Request: Allow for a Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Tax Map Key' 7-5-017.044 This is to inform you that the above-referenced Special Permit application is scheduled for a public hearing by the Leeward Planning Commission. Said hearing,among others,will be held beginning at 10:00 am on Thursday,May 19,2016,in the West Hawaii Civic Center, Community Center,Building G,74-5044 Ane Keohokalole Highway,Kailua-Kona, Hawaii.Your presence or the presence of an authorized representative will be appreciated in order that all questions relative to the request may be clarified. A copy of the public notice is attached for your information. In accordance with the Planning Commission Rule 6 (Special Permits) and pursuant to Rule 4 (Contested Case Procedure), you are required to notify the surrounding property owners and lessees of record within 500 feet of the perimeter boundary of the property of the hearing. The notice shall include the following information: 1. Name of the applicant; 2. Precise location of the property involved, including tax map key identification, location map and site plan; 3. Nature of the application and the proposed use of the property; 4. Date on which the application was filed with the commission; 5. The date, time and place of the public hearing will be held to cc nsider the application; VR I 12016 wvgry cohplanninedept.com Hawaii County is an Equal Opportunity Provider and Employer Q annin (ti awaiicounty.Qov EXHIBIT 18 Ms. Christy A. Logan Page 2 April 22, 2016 6. Inform the landowners and lessees of record that they have a right to submit a written request for a contested case procedure. Should they seek to intervene as a party, they shall file a written request no later than seven (7) calendar days,prior to the Commission's first scheduled public hearing to consider the application. Such written request shall be in conformity with the Planning Commission's Rules of Practice and Procedure, Rule 4,relating to Contested Case Procedure,in a form as provided in Rule 4, Appendix A, "Petition for Standing in a Contested Case Hearing." The written request shall be filed with the Planning Commission at 101 Pauahi Street, Suite 3, Hilo, Hawaii 96720, and accompanied by a filing fee of$200 payable to the Director of Finance; 7. Inform the landowner or lessee that should they choose not to submit a written request for a contested case procedure,they may express their support/opposition in writing or by oral testimony at the Planning Commission public hearing, 8. Contact name and phone number should there be any questions. The notice shall be served within ten days after receiving notice from the director of the date, time and place of the scheduled hearing but not less than ten days prior to the date of the scheduled hearing. Data available from the real property tax office shall be utilized in determining the names and addresses of the affected owners and lessees of record. The applicant shall also provide notice to such other owners and lessees of record when the applicant has actual knowledge of such names or as informed by the Planning Director or Planning Commission. Proof of service to surrounding property owners shall be submitted to the Planning Commission prior to the date of public hearing. Proof may consist of certified mail receipts, affidavits, declarations or the like. The list of names, addresses and tax map keys of those individuals notified shall also be submitted. Should you have any questions,please contact Jeff Darrow of this department at 961-8158. Sincerely, ,r E KANUHA Planning Director Att. cc/att: Bolton, Inc. Planning Department—Kona w,w 'ter "•:;y William P.Kenoi Keith Unger,Chair Mayor r Collin Kaholo,Vice Chair Brandi Beaudet Scott Church Barbara Nobriga Oliver"Sonny"Shimaoka County of ilawa `i LEEWARD PLANNING CONDOILSSION Aupuni Canter • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 AGENDA NOTICE IS HEREBY GIVEN of the following matters to be considered by the Leeward Planning Commission of the County of Hawaii in accordance with the provisions of Chapters 91 and 92, Hawaii Revised Statutes, Section 6-7.5(a) of the Charter of the County of Hawaii, and the Commission's Rules of Practice and Procedure. DATE: Thursday,May 19,2016 TIME: 9:30 a.m. PLACE: West Hawaii Civic Center,Community Center,Building G, 74-5044 Ane KeohokAlole Highway, Kailua-Kona,Hawaili STATEMENTS FROM THE PUBLIC—Note that statements from the public regarding any particular item on this agenda will be taken at the time the particular item is called to order. NEW BUSINESS—9:30 a.m. 1. APPLICANTS: DANIEL SHEEN(formerly TAKESHI KUDO) (Amend SPP 714) Request to amend Special Permit No. 714,which allowed the establishment of a coffee mill, office and general store on.643-acre of land situated in the State Land Use Agricultural District. The amendment request seeks to extend the permitted operational hours for the general store from its current 8:00 a.m.to 5:00 p.m.period to a proposed 5:00 a.m. to 10:00 p.m.operation. The property is located along the west(makai) side of the Hawaii Belt Road(Highway 11), approximately 900 feet south of the Middle Ke`ei—Highway 11 junction,Honaunau,South Kona,Hawaii,TMK: 8-4-006:053. 2. APPLICANT: ALI`I PALMS,LLC(formerly LEHUA LANI,LLC) (AMEND REZ 1039/AMEND SMA 441) Request to amend.Condition B (time extension to secure subdivision approval), Condition J (drainage improvements) and Condition V(fair share payment)of Change of Zone Ordinance No. 04-56, and Condition No. 4 (time extension to secure subdivision approval) and Condition No. 6 (drainage improvements) of SMA Use Permit No. 441. In 2004, the property was rezoned from Agricultural- 5acres (A-5a)to Single Family Residential- 7,500 square feet(RS-7.5) and SMA Permit No. 441 was issued to allow the development of a 58- unit single family residential house and lot subdivision and related improvements. The property is located along the east(mauka) side of Alii Drive,between the Alii Lani Condominium and the Alii Garden Marketplace and across from the Kona By the Sea and Kona Riviera Villas condominium complexes, Puapua`a 2°d,North Kona,Hawaii, TMK: 7-5-020:071 and 072. NEW BUSINnS-110:00 a.m. 3. APPLICANT: KONA VETERINARY SERVICE(Amend SPP 780) Request to amend Special Permit No.780,which allowed the establishment of a veterinary office and clinic on 1.64 acres of land within the State Land Use Agricultural District. The amendment request seeks to increase the number of staff from 8 to 12 and increase the square footage of the clinic from 1,700 square feet to approximately 3,100 square feet. The property is located adjacent to and north of the Mamalahoa Highway-Onaona Drive-North Kona Belt Road intersection, Kaloko, North Kona,Hawaii, TMK: 7-3-008:001. 4. APPLICANT: BOLTON INC. (SPP 16-188) Application for a Special Permit to allow for a baseyard/staging yard for equipment, storage of materials,stockpiling and crushing of natural materials for commercial use and a security dwelling situated on a 9.23-acre portion of a 23.738-acre property situated within the State Land Use Agricultural District.The property is located at 75-476 Hualalai Road, approximately 700 feet east of its intersection with Queen Ka`ahumanu Highway, Kahului 1 st,North Kona,Hawaii, TMK:7-5-017:044. 5. APPLICANT: PALAMANUI GLOBAL HOLDINGS,LLC (Amend REZ 05-10) Request to amend various conditions of Ordinance No. 09-132,which amended Ordinance No. 06-105,which rezoned 725 acres from Agricultural- 3 acres(A-3a) and Open to a Project District for a mixed-use development known as the Palamanui Development. The specific request is to amend Condition V(1)(a)related to timing of constructing University Drive(Road 2)from Queen Ka`ahumanu Highway to 800 feet mauka of Kamanu Street (Road 3A); Condition V(lXc)(3)related to timing of constructing the Queen Ka`ahumanu Highway/University Drive intersection;Condition V(4)modifying the requirement to construct the new mauka-makai connector road(Road 1); Condition NN related to the fair share contribution for regional road improvements; and Condition S related to the timing and scope of providing park improvements. The property is located northeast of the Kona International Airport at Keahole,between the Queen Ka`ahumanu Highway and Makalei Estates Subdivision,Kau,North Kona,Hawaii,TMK: 7-2-005:Por.of 001. UNFINISHED BUSINESS—11:00 a.m. 6. APPLICANT: LALAMILO FARM PARTNERS,LP (Amend SPP 77-20/SPP 378) Continued hearing on a request to Amend Special Permit No. 378 to allow the establishment of a fitness center; refrigerated box truck parking area;bakery;honey storage and distribution facility;butter processing, storage and distribution facility; limited retail sales area and related improvements on approximately 0.5 acre of land situated within the State Land Use Agricultural District. The subject property is located on the north side of Lalamilo Farm Road approximately 900 feet west of its intersection with the Mamalahoa Highway and within the Lalamilo Farm Lots Subdivision at Lalamilo, South Kohala, Hawaii, TMK: 6-6-005:032 (portion). MINUTES Minutes of the April 21, 2016 meeting ADMINISTRATIVE MATTERS ANNOUNCEMENTS ADJOURNMENT The purpose of the public hearing is to afford all interested persons a reasonable opportunity to be heard on the above matter. Submitting Testimony: According to Rule 1 (General Rules) of the Planning Commission, a person desiring to submit oral or written testimony shall indicate her/his name; address; and whether the testimony is on her/his behalf or as a representative of an organization or individual. If testimony is being submitted on behalf of an organization, documentation showing membership ratification should accompany the testimony. Written testimony shall be submitted with an original and fifteen copies prior to testifying. The Commission would appreciate timely submittal to the Planning Department at least one week prior to the hearing date to allow for mailing and thorough Commission review. Testimony that is irrelevant or unduly repetitious may be limited by the Chairperson pursuant to Rule 1. Pursuant to Rule 4, Contested Case Procedure,of the County of Hawaii Planning Commission Rules of Practice and Procedure,any person seeking to intervene as a party to a contested case hearing on the above Agenda Item Nos. 1 though 4 is required to file a written request which must be received in the office of the Planning Department no later than seven(7) calendar days prior to the Planning Commission's first public meeting on the matter. Such written request shall be in conformity with Rule 4,in a form as provided by the Planning Department entitled"Petition for Standing in a Contested Case Hearing." The written petition/request shall be filed with the Planning Commission at Aupuni Center, 101 Pauahi Street., Suite 3,Hilo,Hawaii 96720, and accompanied by a filing fee of$200 payable to the Director of Finance. Any party may retain counsel if that person so desires. Rule 4 may be inspected or purchased($2.50)at the above-cited location. Rule 4 may also be viewed at the County of Hawaii website Q=://www.co.Hawaii.hi.us). Notice to Lobbyists: If you are a lobbyist,you must register with the Hawaii County Clerk within five days of becoming a lobbyist {Article 15, Section 2-91.3(b), Hawaii County Code}. A lobbyist means"any individual engaged for pay or other consideration who spends more than five hours in any month or$275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6), Hawaii County Code) Registration forms and expenditure report documents are available at the Office of the County Clerk, 25 Aupuni Street, Room 1402, Hilo,Hawaii 96720. Copies of the applications are on file and open to inspection during office hours at the Planning Department,Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawaii and at the Kona office of the Planning Department, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway,Kailua-Kona, Hawaii. Anyone who requires an auxiliary aid or service, other reasonable modification,or language interpretation to access this meeting please contact the Planning Department at 961-8288 as soon accommodations. "Other reasonable modification"refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged. Hawai a County is an Equal Opportunity Provider and Employer LEEWARD PLANNING COMMISSION Keith Unger, Chair (Hawaii Tribune Herald: Friday,April 29, 2016) (West Hawaii Today: Friday,April 29, 2016) (Star Advertiser: Friday, April 29, 2016) (The Maui News: Friday, April 29, 2016) (The Garden Island: Friday,April 29,2016) LETTER OF TRANSMITTAL Bolton, Inc" . Date: 04/29/16 ATTENTION: Jeff Darrow -?'lb P.O.Box 909,Kallua-Kona,HI 96745 , ,r Phone(808)329-8240 Fax(808)326-1247 1'�J+•� II I �" `'".`,' " ; TRANSMITTAL NO. 1 TO: County of Hawaii, Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 GENTLEMEN: WE ARE SENDING YOU: ATTACHED UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS SHOP DRAWINGS PRINTS SAMPLES SPECIFICATIONS COPY OF LETTER CHANGE ORDER =CONTRACT PLANS . ........ ............. .... ... .. ..... . COP.IE DATE: ABSCRIP.T101V .. ................. ....................................................... ......... .. ............................. 1 4/29/2016 Certificate of Mailiing 2nd Notice to Surrounding Property Owners THESE ARE TRANSMITTED AS CHECKED BELOW: FOR APPROVAL APPROVED AS SUBMITTED RESUBMIT COPIES FOR APPROVAL FOR YOUR USE APPROVED AS NOTED SUBMIT COPIES FOR DISTRIBUTION F7X AS REQUESTED RETURNED FOR CORRECTIONS RETURN CORRECTED PRINTS REVIEW/COMMENT RETURN AFTER EXECUTION PRINTS RETURNED AFTER LOAN TO US =OTHER REMARKS: COPY TO: File SIGNED: Christy A Logan IF ENCLOSURES ARE NOT AS NOTED, KINDLY N071FY US AT ONCE EXHIBIT 19 105182 s Name and Address of Sender Check type of mail or service: t !Year ft 1— !Affix Stamp Het (IfIssued as a L Certified J Recorded Delivery(Intematonai) certhcateo/mall U. 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Po Ci�x G j I � 94junc Kara,N 1167145 1 i. Po 8 3156 j 1Cwtva—{ *o /Hl 4G 7115 ' I 1 ! Vo 0 Me 141 Q6-7U5 ! i Sot$ F.-Ir 5'kRA 5M 310 ! t��t�ly/tfi 4G8t3-Iw32t � I ! � m 5. i --,— ! I ! A ! I i U o 7. 1 I i ? 1 ; .. in Total Number of Pieces ' Total Number of Pieces .Postmaster,Per(Name o(receiving ampbyae) -- -1--- ' ----1- Listed by Sender Received at Post Office i See Privacy Act Statement on Reverse PS Form 3$77,February 2002(Page i of 2) Complete by Typewriter,Ink,or Bal)Point Pen PLAN, !;I ; '„ T PIENT ,01 IJArY OF HAINnIi May 3, 2016 Bolton, Inc. PO Box 898 Kailua-Kona, HI 96745 County of Hawaii Department of Planning 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 Subject: Special Permit(SPP-000188) Complaint: Base yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Products for Commercial Use and a Security Dwelling TM K: 7-5-017:044 Dear Director: This letter is in reply to all comments received with regard to the above mentioned permit application.We are in receipt of ten (10)comments from various agencies that received the package of information that has been distributed. Comments are responded to by date received. 1. Police: None 2. Department of Public Works: Building: This applies to the security dwelling and we will engage the building department for the necessary requirements at such time it becomes applicable. Drainage: 1. This will be addressed in our NPDES permit to meet this expectation.A NOI was submitted to the State of Hawaii Clean Water Branch on April 2, 2016. 2. N/A area 1 and 2 are not situated within the "AE"flood zone Earthwork: 1. Grading and stockpile permits have already been issued and will be complied with. Under this special permit the stockpiles would be outside of DWP's process. 2. We agree with everyone want this jrujeut expedited. However, this is not a publically funded project and must be able to fulfil a financial business EXHIBIT 20105151 model.Time should not be dictated by DWP.We will do our best to expedite this flood channel job.We are now entering the 5th month of the flood channel project and nothing has been completed due to the code enforcement's contention that commercial excavation isn't allowed under our grading permit. Roadways: 1. Agreed to the statement 2. This is a condition that was attached to subdivision application File No. 2015-035W.This subdivision application was withdrawn and the Planning Department has acknowledge the withdrawal. This is a moot condition and is not relevant to this application. 3. The approach on Hualalai Road shown on this application will meet the approach requirements of DWP. 3. Department of Health Solid Waste Division: 1. These items will be processed for proper disposal under this special permit as noted in the application. Invoice records of disposal have been provided to the Department of Health. 2. This type of activity is only being conducted to resolve the current complaint as noted in File No. 2015-035W.This warning letter alleged a"base yard"on AG land that doesn't have a special permit in place.The code defines a "junkyard" in Sec 25-1- 5(b).We believe that the current situation is an allowable use under Sec 25-5-72(23)"Vehicle and Equipment Storage"as it relates to farming but in an effort to be a good neighbor are including this activity in our special permit application.There is no intention to continue activities to become a permanent recycling and/or salvage facility. 3. At this point in time there is no intention of importing contaminated materials. If at such time this intention changed,we would need to apply for and receive; a DOH solid waste permit as noted. 4. Department of Environmental Management Solid Waste: 1. Other: N/A This parcel isn't located within the CWDA and therefore is not an issue 5. Hawaii Fire Department: 1. All fire codes that are applicable will be followed. 6. State of Hawall Department of Health: Bolton Inc has a "Temporary Covered Source Permit" issued by the Department of Health. 1. Bolton has a noise permit. KO 15-016 specifically for TMK 7-5- 017:044. 2. Conditions are met 3. Rules and conditions of permits are complied with. 7. Department of Land and Natural Resources: 1. The permit areas in this application are in the flood zone, Zone X. NFIP standards do not regulate Zone X and are therefore not applicable to our application. 8. State of Hawaii Office of Planning: This parcel is currently zoned by the state as Agricultural 1 acre (Ala). It is located in a county zone as Agricultural 1 acre. In the county's CPD it is identified as "urban expansion". OP is recommending a zoning change to rural or urban under the logic that this property is unlikely to return to agricultural use.While we agree with the inevitability of this locality becoming urban we believe that this request is premature at this point in time. 9. County of Hawaii Planning Department: This is an interdepartmental memo and is not applicable to our special permit request. 10. Department of Water Supply: There is currently no additional water sources needed by this special permit. Sincerely, Daniel B Bolton DB;CAL Domian, Jesse From: Norman Moe <normanmoe@icloud.com> Sent: Friday, May 06,2016 2:00 PM PLA[\iHNl l L,F"A..JMAENT To: Planning Internet Mail NOUN f'Y OF HAWAII Subject: Opposition to BOLTON,INC.application, Special Permit#SPP 16-000188 Hello Leeward Planning Commission. We write to strongly oppose the application by Bolton, Inc.to install the full-scale rock crushing operation near Queen Kaahumanu Highway and Hualalai Road near Kailua Kona. We live in a nice quiet,child safe community..Pualani Estates ..well known as a family friendly area. An operation involving rock crushing will be very NOISY, and will generate lots of DUST and an increase in TRAFFIC in the area.NOT GOOD. The impact of all this on our life style, and also effect on Lower Property Values in the area,is intolerable. Please register our opposition,(and also many neighbors,) and do NOT allow the permit to proceed or be issued. Thank You, Norman and Marion Moe 75-6166 Ho-omama Street,Kailua Kona, Phone-808-430-7667 X052 ;' ? 1 EXHIBIT 21 .9 Domian, Jesse Mig fO 7 37 From: Lebo,Susan A <susan.a.lebo@haQhjggpY , Sent: Saturday, May 07,2016 5:08 PM '���N� �� �;"ARTME NT To: Planning Internet Mail;Tsuji, Russell Y OF lgAW41/ Cc: Naleimaile,Sean P; Darrow,Jeff;Morikawa, Lydia M Subject: TMK: (3)7-5-017:044 por.Special Permit Application (SP 16-000188) Attachments: 3-7-5-017_2016-01088 1605GCO2_ARCHY_6E42_PRMT NHPA.pdf Hello, Attached is a pdf copy of our division's review of the following submittal: Chapter 61342 Historic Preservation Review Special Permit Application(SP 16-000188)—County of Hawaii Request for—Baseyard,Stockpiling,Storage,Crushing of Material,and Security Building Kahului 1st Ahupua'a,North Kona District,Island of Hawaii TMK:(3)7-5-017:044 por. Sincerely, Susan Susan A.Lebo,PhD Archaeology Branch Chief State Historic Preservation Division Kakuhihewa Building 601 Kamokila Blvd.,Suite 555 Kapolei,Hawaii 96707 Susan.A.Lebo@hawaii.gov (808)692-8019 EXHIBIT 22 105224 w DAVID Y.ICE OF ~ SUZA NE 0.cnArRP.GSK GOVERNOR OP HAWAD '4r \96Y 7� BOARD OF LAND AND HATUlAL RESOURCES COM.165ION ON WATER RESOURCE MANAGEAONNT T KEKOA KALUHIWA 8„d At- R FROST DEPUTY V1 4+' y JEFFREY T.PEARSON A.' DFPIJTY DfRECIOR•WATER i' , 2'^.-�.•:'R,. CES BOATING AND OCEAN RECREATION BUIE\UOPCONVEYANCT S COAO.R6UONON WATER RESOURCE NANAGFJ.@R STATE OF HAWAII CONSFRVATIONRES URGES ER.OR ('OIdERVATRTN AND RESOURCES FNLANDEG)CT km of DEPARTMENT DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY WDDE HISTOW PRESERVATION STATE HISTORIC PRESERVATION DIVISION LAM KARROOfAxE BLAND ve COMMISSION KAKUHRtEWA BUILDING STATE PAM 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 May 5,2016 Mr.Duane Kanuha,Planning Director Log No.2016.01088 County of Hawaii Doc No. 1605GCO2 101 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 Mr.Russell Y.Tsuji,Land Administrator Land Division,Department of Land and Natural Resources P.O.Box 621 Honolulu,HI 96809 Dear Mr.Sirs: SUBJECT: Chapter 6E42 Historic Preservation Review Special Permit Application(SP 16-000188)—County of Hawaii Request for—Baseyard,Stockpiling,Storage,Crushing of Material,and Security Building Kahului 1'I Ahupua`a,North Kona District,Island of Hawaii TMK:(3)7-5-017:044 yor. Thank you for the opportunity to comment on this permit application that was received by our office on March 10, 2016.Bolton, Inc.(applicant) is requesting a special permit for establishing a baseyard/staging yard on a 923-acre portion of the 23.38-acre parcel identified as TMK:(3)7-5-017:044. The yard will be used for equipment,storage, stockpiling and crushing of natural materials for commercial use,and installation of a temporary security building. A SHPD records review indicates that no archaeological inventory survey (AIS) has been conducted, and that no historic properties have been identified within the subject parcel.The SHPD has previously made a determination of no historic properties affected for(1) a grading permit for flood channel improvements on a portion of Parcel 044 (March 24, 2010; Log No. 2010.0757, Doc No. 1003MD23); and(2) a grading and stockpiling permit (May 22, 2006;Log No.2006.1602, Doc No.0605MM01);and a revised determination of no historic properties affected for the applicant's earlier stockpiling permit(February 11,2015;Log No.2015.04139,Doc No. 1602SN09). Based on the information above, SHPD's determination is no historic properties affected for the proposed baseyard/staging yard.The permitting process may continue. Please attach to the permit: In the event that historic resources, including human skeletal remains, lava tubes, and lava blisters/bubbles are identified during the construction activities,all work should cease in the immediate vicinity of the find, the find should be protected from additional disturbance, and the State Historic Preservation Division should be contacted immediately at(808)692-8015. Please contact me at(808)692-8019 or at Susan.A.Leboahawaii.gov for any questions regarding this letter. Aloha, QrK&A., A . Susan A.Lebo,PhD Archaeology Branch Chief cc:Jeff Darrow,COH-Planning(JeffDarrow(@,,hawaiicountv.eov) Lydia Morikawa,DLNR-Land(Lydia.MorikawaCa.hawaii.gov) • 10161��Y 9 �� � 39 WENT OF HAWAII May 9,2016 County of Hawaii Department of Planning 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 RE:Subject: Special Permit(SPP-000188)Complaint: Base yard for Equipment, Storage of Materials,Stockpiling and Crushing of Natural Products for Commercial Use and a Security Dwelling TMK: 7-5-017:044 Dear Director: This letter is for the purpose of clarification in regards to a few aspects of our permit request. We have submitted a fist of various types of equipment along with a range of quantity.Our intention is not to store for long periods of time all of these pieces at once.The intent of the list was to show the various types that could possibly be within the permit areas at any given time during the course of equipment being moved from one job site to another or parked ovemight when not in use during the construction of the flood channel. I would also like to address the purpose of the two separate designated areas requested in the application.These are the only areas that are currently outside of the identified flood zone.The areas represent the most extreme and restrictive use of these areas based on multiple flood maps that are still in the FEMA official recognition process. As the flood channel improvement progresses,the new slopes will encroach into the Area 1 designation to a point that Area 1 will be made smaller. Relocation to Area 2 will become necessary.When relocation does become necessary a new grading permit will need to be applied for as Area 2 is undisturbed land and somewhat sloped as to be in need of leveling. Sincerely, Knlel ffff4 n Daniel B. Bolton Bolton, Inc. DB:cal 105247 EXHIBIT 23 Moltm-SPP16-188 Jwd 05-09-16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT BOLTON,INC. SPECIAL PERMIT APPLICATION NO. 16-000188 (SPP 16-000188) BOLTON,INC.has submitted an application for a Special Permit to allow for a baseyard/staging yard for equipment, storage of materials, stockpiling and crushing of natural materials for commercial use, and a security dwelling situated on a 9.23-acre portion of a 23.738- acre property situated within the State Land Use Agricultural District. The property is located at 75-476 Hualalai Road, approximately 700 feet east of its intersection with Queen Ka`ahumanu Highway,Kahului 1st,North Kona, Hawaii,TMK:7-5-017:044. PROPOSED REQUEST 1. Request: The applicant is requesting a Special Permit to allow for a baseyard/staging yard for equipment, storage of materials, stockpiling and crushing of natural materials for commercial use and a security dwelling situated on a 9.23-acre portion of a 23.738-acre property situated within the State Land Use Agricultural District. The 9.23-acre permit area will consist of two distinct areas;one area consisting of approximately 7.1 acres (mauka) and another consisting of approximately 1.88 acres (makai). Currently, only the 1.8-acre area is available to be used for the baseyard and staging area. As the applicant needs more area and/or begins work on flood channelization project for the upper (mauka)portion of the property,they will begin using the 7-acre area. According to the application,the applicant is requesting the following activities: A) Basevard/staging area: The baseyard/staging area will be used to process, reclaim,organize for reuse,repurpose or disposal of miscellaneous equipment, materials and farm related materials. The yard will be used as a holding area for items reserved for future use. Various types of equipment and activity related tools including but not limited to forklifts, farm tractors,tandem trucks, hoisting equipment, etc. will need to be onsite for aforementioned activitiei as support -1- EXHIBIT 24 equipment not subject to processing. Equipment and materials stored on parcel 31 will be moved to parcel 44 as well. B) Commercial excavation: As defined by Hawaii County Code Chapter 25 (Zoning Code)Section 25- 1- 5(b),it"means any excavation or removal of natural materials for profit which is not related to or not occasioned by an impending development of the site of such excavation." Practices include but are not limited to acts such as depositing,placing,pushing, crushing, dumping,pulling, transporting, or moving to a new location any soil, sand, gravel,rock or other similar material. Aforementioned materials from said practices may enter into commerce outside of this TMK boundary at some future time or may be stockpiled until a need arise. C) Security dwelling: The applicant is requesting a temporary dwelling for an onsite security person,24 hours/7 days a week. There has been past issues with illegal dumping from Hualalai Road. (Planning Department Exhibit 1 —Special Permit Application) 2. Objectives: Currently,there is a complaint filed with this office regarding the unpermitted baseyard and quarrying operations on the subject parcel. The objective of this Special Permit application is to resolve this complaint and come into compliance by cleaning up the parcel from years of miscellaneous equipment, saved materials,obsolete farm related materials and/or equipment that has accumulated. Currently Bolton, Inc. has an active grading permit, #092524, and two active stockpile permits,Vs 092525 & 092529,that have been issued by the Department of Public Works for the Flood Channel Improvement project that stretches across both Parcel 44 &31. The approval of the Special Permit will also allow the applicant to export and sell excess aggregate removed from the flood channel project. 3. Equipment and Materials: Bolton, Inc. owns different types of construction equipment, including 1 to 3 backhoes-metal track and rubber tired, 1 to 2 rollers, 1 to 3 lowboy and trailers, 1 to 2 tandem trucks, 1 to 3 flatbed trucks, 1 to 3 conveyor belts, 1 to 2 water trucks, 1 to 8 farm tractors and farm trucks. At any given time, several pieces of -z- equipment may be stored on-site. The miscellaneous material include lumber,pre- fabricated forms,tile, stone and scrap metals. 4. Days/Hours of Operation: Monday through Friday, 7:00 a.m. to 5:00 p.m.,with the exception of the security person. 5. Employees/Clientele: Employee and clientele levels will vary. It is estimated that there could be 10- 20 truckloads per day,which could be several trucks or just one truck coming 10 times in a day. Bolton Inc.'s daily operations are conducted at their main office located in the Kohanaiki Industrial Area at 73-4174 Hulikoa Drive in Kailua- Kona. All employees are dispatched from this location. Employees performing work at the Special Permit site would most likely be less than 6 at any one time. 6. Landowners: The landowners'of the property are Daniel B. and Janet T. Bolton. BACKGROUND INFORMATION 7. Warning.Letter: A complaint was filed with the Planning Department alleging that the applicant was operating a quarry and equipment base yard on TMKs:7-5-017: 031 &044. The Planning Department staff conducted a site inspection and issued a Warning Letter. (Planning Department Exhibit 2—Warning Letter dated February 19,2016) 8. Special Permit No. 1047: Special Permit No. 1047 was approved by the Planning Commission on February 4, 2000 to Nani Kona Coffee, LLC to allow the establishment of a coffee visitor center containing a coffee house,historical farm museum,orientation rooms, and a public spa; a building containing a general store and a coffee roasting and processing mill; a parking lot, and related improvements on approximately 7.33 acres of land within the State Land Use Agricultural District. This permit was approved on the adjacent property to the west(makai) of the subject property,which is owned by Daniel Bolton(TMK: 7-5-017:031). The permit has a condition regarding construction within the Flood Zone AE (Condition No. 9). The applicant has received an administrative time extension to February 4, 2010 to establish the coffee visitor center. Any additional time extensions to comply with conditions will need to be approved by the Leeward Planning Commission. (Planning Department Exhibit 3—Special Permit No. 1047) -3- STATE AND COUNTY PLANS 9. SLU District: Agricultural. 10. County Zoning: A-]a 11. GP LUPAG Map: Urban Expansion. 12. Kona Community Development Plan: The KCDP was adopted by Ordinance 08-131 on September 25, 2008 by the Hawaii County Council. The project site is within the Kona Urban Area,the Pua`a-Waiaha Village Neighborhood TOD and the Kahului- Puapua`a Village Neighborhood TOD. 13. Special Management Area: The property is not located in the County's Special Management Area(SMA). The SMA is a part of the Coastal Zone Management Program regulated by the County. The property is situated approximately one mile from the nearest coastline. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 14. Subject Property: The subject property is 23.738 acres in size and is irregular in shape. The property abuts Hualalai Road along its north and east boundaries. The property is affected by Flood Zones AE and X(Shaded). The permit areas will be located on portions of the property not affected by flooding. There are no permanent structures on site but the property has been used as a baseyard for years and contains miscellaneous equipment and material. 15. Surrounding Zoning/Land Uses: Lands located immediately to the north and east of the subject property are zoned A-1 a while lands located immediately to the south and west are zoned A-5a and RS-10. These lands are mainly vacant,of structures and uses. There are several residential subdivisions in the area,which include Pualani Estates to the south,Hualalai Colony to the north across Hualalai Road, and Kona Hillcrest Subdivision across Queen Ka`ahumanu Highway from the subject property. These subdivisions are over 500 feet from the subject property. 16. U.S. Soil Conservation Service Soil Survey: The Soil Survey classifies soils within the project site as Punalu`u extremely rocky peat, 6 to 20 percent slopes (rPYD). -4- 17. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "D" or"Poor." 18. ALISH Map: The Agricultural Lands of Importance to the State of Hawaii (ALISH) Map does not classify this land as having agricultural importance(unclassified). 19. FIRM: According to the Flood Insurance Rate Map(FIRM),portions of the property lie within Flood Zone X, which are areas determined to be outside the 500-year flood plain. Other areas of the property are located within Flood Zone AE,which are areas within the 100-year flood plain where base flood elevations have been determined, and within Flood Zone X(Shaded),which are areas within the 500-year flood or 100-year flood with average depths of less than 1 foot. (Planning Department Exhibit 4—Flood Hazard Assessment Report) The applicant proposing to do flood channel improvements on the subject property. The FIRM makes note of two natural drainage ways,referred to as Wai`aha Drainage way Split flow# 1 and Wai`aha Drainage way Split flow#2. The current floodway improvement development is for Split flow#1. According to the Department of Public Works, the permitted flood plain alterations are apparently driving the submittal of this application. The floodplain is currently disturbed on adjacent parcel 31. The un-stabilized condition is an unacceptable erosion hazard. To the extent this permit will facilitate the timely completion of the permitted alterations,DPW supports the applicant's request and the expedient processing of it. 20. Flora/Fauna/Archaeological Resources: No formal flora/fauna study or archaeological study was submitted with the application. The property has been used for the storage of materials and equipment for years. According to the applicant,the property is grown over with non-native grasses and shrubs, elephant grass and scattered kiawe trees. There has been a grading permit and stockpiling permits issued for flood' channel improvements,which has been reviewed by the Department of Land and Natural Resources-State Historic Preservation Division(DLNR-SHPD). DLNR-SHPD has issued several "no-effect"letters as part of the review for the flood channel grading and stockpiling permits. These are part of the submitted Special Permit application. Additionally, DLNR-SHPD has issued a"no-effect"letter dated May 5, 2016 for this -5- Special Permit application stating that they have determined that no historic properties will be affected for the proposed baseyard/staging yard and that the permitting process may continue. 21. Cultural Resources: There is no evidence of traditional native Hawaiian activities on the property. 22. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 23. Roads: Access to the subject property is from Hualalai Road. According to the Department of Public Works, Hualalai Road is a two-lane paved County collector road that has a pavement width ranging from 18 to 20 feet within a variable right-of-way width. It is substandard based onwidth, alignment and roadside hazard clearances. There are no paved shoulders or sidewalks and the speed limit is 25 miles per hour on Hualalai Road. 24. Water: Water can be made available from an 8-inch waterline located along Hualalai Road fronting the subject property. 25. Wastewater: Wastewater disposal plans will need to be part of the submittal of the building permit application for the security dwelling. The applicant will be required to comply with the requirements of the Department of Health for individual wastewater systems. Currently,there is a portable toilet on-site. 26. Solid Waste Management: Waste from the subject property is currently disposed of through commercial haulers. According to the Department of Environmental Management, construction or demolition waste by contractors is not allowed to be taken to the County Transfer Stations. Any waste generated by the applicant will be required to go to the Pu`uanahulu Landfill. 27. Fire and Police: Fire protection service is available from the Kailua-Kona Station located approximately 4 miles away and police service from the Kailua-Kona Station located approximately 5 miles away. -6- 28. Utilities/Services: All essential utilities are available to the subject property but may not. be needed for the proposed request. Fire and police protection services are available in Kailua-Kona. AGENCIES' COMMENTS 29. Department of Public Works: (Planning Department Exhibit 5—March 17,2016 Memo) 30. Department of Water Supply: (Planning Department Exhibit 6—April 6,2016 Memo) 31. Department of Environmental Management: (Planning Department Exhibit 7— March 9 &March 29,2016 Memos) 32. Police Department: (Planning Department Exhibit 8—March 18,2016 Memo) 33. FIre Department: (Planning Department Exhibit 9—March 30,2016 Memo) 34. Department of Land and Natural Resources-Land Division: (Planning Department Exhibit 10—April 1,2016 Letter) 35. Department of Land and Natural Resources- State Historic Preservation Division: (Planning Department Exhibit 11-May 5,2016 Letter) 36. Department of Health: (Planning Department Exhibit 12—March 29,2016 Memo) 37. Department of Health-Solid Waste Section: (Planning Department Exhibit 13- March-23,2016 Email) 38. Office of Planning: (Planning Department Exhibit 14—March 31,2016 Letter) AGENCIES-NO RESPONSE 39. Department of Agriculture and the State Land Use Commission. APPLICANT'S RESPONSE TO AGENCY COMMENTS 40. The applicant has submitted a letter dated May 3, 2016 responding to comments received from agencies along with pertinent information from the State Department of Health, including a Community Noise Permit for Construction Activities. (Planning Department Exhibit 15—May 3,2016 Letter and pertinent information from the Applicant) PUBLIC COMMENTS 41. The Planning Department received the following: A. Nonnan and Marion Moe: (Planning Department Exhibit 16-Email dated May 6,2016) -8- SPECIAL PERMIT APPLICATION COUNTY OF HAWAII _ ; F1 2= 32 PLANNING DEPARTMENT (Type or Print the requested information) APPLICANT -8 0O n 1.f1 C. APPLICANT'S SIGNATURE: 'DATE: 311 l b I, ADDRESS: 3 " y 17 t'1 ul l► kOA Q( i v C. lac.. - «ono, . 142 967y0 LIST APPLICANT'S INTEREST IF NOT OWNER: Con T!'G%G" o r TELEPHONE: (Bus.) (Home) (Fax) Sd g-32,k>-M14 7 r REQUEST: ASS L1�r�/5��.41 gym► uA! �p r ee u i AMe.t�1l. 5 nc DA 1?4g J nokuraA Makelio.lS 4r CyMMyC,,`CJ TAX MAP KEY: " S— 0 1,7 = 0 W`i ZONING: A g — 1 0. AREA OF PROPERTY/AREA OF REQUESTED USE 2_3,,3g aC / q •23 LANDOWNER: pa. B. Aa C( T LANDOWNER'S SIGNATURE: Ji`-7 /- , DATE: 1 (o nn (May be by letter) W LANDONER'S ADDRESS: �c� 1J 01A (10 2[ Ko�sIu,cs - 1_o N0. MZ 7q 5 AGENT: ,. kc 1 S Tlil A. Logo,n ADDRESS: 78 - 69 q � MAr,. jo.j oc, J4w!6 14x1 uc.to c-, 14-T-: 9471,5 TELEPHONE: (Bus.) 9Q$'345-21-73 Home) ro Q�- (Fax) rJlk Please indicate to whom original correspondence and copies should be sent to: ORIGINAL CG1riSTU A. Ldwe.�J COPIES: 6 1�en� _��1G Planning Dept. Exhibiti-I 1) Filling fee: Check attached 2) 20 Copies of the Completed Application form 3) Background Information A) Proposed use(a&b),objectives and reasons(c), hours of operation (d)and employee/clientele levels(e) a) A base yard/staging area that will process, reclaim, organize for reuse, repurpose or disposal of misc equipment, materials and farm related materials.This yard will be used as a holding area for items reserved for future use.Various types of equipment and activity related tools including but not limited to forklifts, farm tractors, tandem trucks, hoisting equipment, etc. will need to be onsite for aforementioned activities as support equipment not subject to processing.This base yard shall be allowed a temporary dwelling for the harboring of an on- site security person, 24/7.There has been past issues with illegal dumping from Hualalai Road.As this property gets organized we don't want to have the burden added to by others. Two"permit areas" totaling 9.23 acres of a 24 acre parcel, as indicated on site map. b) "Commercial excavation" as defined by Hawaii County Code Chapter 25 (zoning code) section 25-1-5(b), and by any industry accepted standard construction practice. Practices include but are not limited to acts such as depositing, placing, pushing, crushing, dumping, pulling,transporting, or moving to a new location any soil, sand,gravel, rock or other similar material.Aforementioned materials from said practices may enter into commerce outside of this TMK boundary at some future time or may be stockpiled until a need arises. c) When this special use reaches a state of substantial completion, regular and ongoing maintenance, cleanliness and organization will be achieved.The site will exhibit the level of care taken to come into compliance and the good faith effort of being a good neighbor. Currently there is a complaint of violation with code enforcement.This complaint contends that there is a base yard and quarrying operations on the subject parcel.The objective is to resolve this complaint and come into compliance to clean up the parcel from years of misc equipment,saved materials, obsolete farm related materials and/or equipment that has accumulated.This task of clean up is an endeavor that will require designated space and time. Currently Bolton, Inc. has an active grading permit,#092524, and two active stockpile permits, #'s 092525 &092529,that have been issued by the DPW.These are for the Flood Channel Improvement project that stretches across both TMKs.According to planning department code enforcement the activities listed in item b)are considered to be operations that require a special permit. Bolton Inc was under the understanding that these activities were covered within our grading and stockpile permits.According to code enforcement this is not the case. As stated above one of our objectives is to comply with the code. d) Activities under this special permit will be Monday through Friday, 7am to 5pm,with the exception of the security person as referenced in paragraph a). e) Employee and clientele levels will vary; however, clientele levels would be far lower than employee. Clientele levels are more difficult to quantify but a educated approximation would be 10-20 truck loads per day.This could be more than one truck up to several trucks or just one truck 10 times in a day. This site is jobsite like, not an office site. Daily operations of commerce are conducted at the main office located in the Kohanaiki Industrial Area at 73-4174 Huliko'a Drive, Kailua-Kona, HI 96740. All employees are dispatched from this locality. Employees performing work at the special permit site, in all likelihood, would be less than 6 at any one time. B) Subject property and locality a) The proposed use is on TMK 7-5-017:044 which is a total of 23.38 acres in size.The "permit area" is within all available non flood zone area localities of 9.23 acres. One is 1.88 acres and the second is 7.1 acres with a access dirt road of.25 acres.These area are indicated on the map.The address for TMK :031 next door to the west makai side is 75-456 Hualalai Road Kailua-Kona, HI. No address has been issued for TMK 7-5-017:044 . Currently on TMK :031, at the south mauka corner, Kona Coffee and Tea Company has coffee milling operations ongoing annually.This building has a total floor area of 6,550 sf. It is comprised of office space, an efficiency dwelling and shop with storage. Both parcels have had projects in the past shelved for various reasons.TMK :044 has undergone grading under previous permits that haven't been extended.These previously graded areas have been used to store items for future use. Both of these parcels have become,what seems like, resting places for items over many years.The topography of these parcels is gently rolling with some steeper areas. The areas specified for use under this permit request are located in all areas of TMK 7-5- 017:044 outside of the 100 year flood line.These areas are depicted on the map for TMK :044.An area that straddles both parcels in the amount of 6.03 acres is a permitted construction jobsite for a private project to improve the floodway based on a Conditional Letter of Map Revision prepared for FEMA.The upper mauka side of TMK :044 is vacant space for the future.This is the second permit area consisting of 7.1 acres. C) State and County Plans a) State Land Use designation: Agricultural b) County Zoning: A-la c) General Plan: Urban Expansion d) Community Development Plan: Kona CDP e) Special Management Area: Property is not within the SMA D) Surrounding zoning and land use a) Surrounding properties are of similarly zoned A 1-a to the north and east. Properties to the west and south are zoned A-5a.There are properties zoned RS-10 and RS-7.5 further south. The surrounding land uses consist of mainly vacant land.There are residential subdivisions located a distance from the property to the north,west and south. All well over 500 feet. E) Flood Insurance Map Rate(FIRM) a) The FIRM that is currently in affect is dated 1994. Over the past few years new flood studies have been conducted. One was conducted by Lyons and Associates by Kona Coffee and Tea when designing the floodway improvement development. The County of Hawaii has conducted their own flood study and has submitted their information to FEMA.The letter of map revision that the county has submitted went into a 90 day comment period through FEMA as of February 9, 2016. Flood hazard areas identified on the Flood Insurance Rate Map are identified as a Special Flood Hazard Area (SFHA).SFHA are defined as the area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year.The 1-percent annual chance flood is also referred to as the base flood or 100-year flood. SFHAs are labeled as Zone A, Zone AO, Zone AH, Zones Al-A30, Zone AE, Zone A99,Zone AR, Zone AR/AE, Zone AR/AO, Zone AR/A1-A30,Zone AR/A,Zone V, Zone VE, and Zones V1-V30. Moderate flood hazard areas, labeled Zone B or Zone X (shaded) are also shown on the FIRM, and are the areas between the limits of the base flood and the 0.2-percent-annual-chance (or 500-year)flood.The areas of minimal flood hazard, which are the areas outside the SFHA and higher than the elevation of the 0.2-percent- annual-chance flood, are labeled Zone C or Zone X (unshaded). b) The designation on this parcel is made up of AE and X along with portions that are not in a flood designation. It is within these areas that the special permit areas are positioned.The FIRM makes note of two natural drainage ways, referred to as Waiaha Drainage way Split flow#1 and Waiaha Drainage way Split flow#2.The current floodway improvement development is for Split flow#1. (1) At such time as the FEMA process concludes, and a new map will go into official affect, believed to be sometime in 2017,we would ask with this special permit for an expansion that would allow for the boundary to grow to the extent that it is still outside of the 100 year flood designation. Currently DPW, Engineering Div, has been instructed to work from the maps that are the most stringent in order to preserve life and property.This has caused the DPW to use not only one FIRM but all of them,the old one and the new one! This has made permitting within that department extraneous. F) Archaeological Resources a) A "no effect" letter from the State DLNR Historic Preservation Division is attached to this application. G) Floral and Faunal Resources a) The subject parcel is grown over with non native grass and shrub land. Scattered Kaiwi trees and elephant grass. Animals would include mongoose, feral cats, and the occasional feral pig. H) Valued Cultural Resources: a) There are no documented cultural rights that, are or have been in the recent past, exercised. It is required by state law that access must be granted for the practice of said rights if they exist. In such event access would be granted to the fullest extent permissible by state law. 1) Public Access: a) This subject property is not in a shoreline area or mountainous region.There is no public access such as this in this locality. J) Description of Access: a) This property is accessible from Hualalai Road. Hualalai is a two lane paved collector road owned and maintained by the County of Hawaii. It has a right of way of 40 to 50 ft with no paved shoulders.The condition of this roadway is poor and has been for quite some time. K) Traffic Impacts a) This property's access for ingress and egress is from Hualalai Road.This road is a two lane collector roadway that provides mauka-makai access from Queen Kaahumanu Highway to Holualoa. This road has no paced shoulders and no sidewalks.The speed limit is 30 mph. Therefore, pedestrian traffic and/or bicycle travel are not considered.Traffic volumes have been documented in an Updated Traffic Analysis in March of 2013.This was conducted by Witcher Engineering LLP. From 7:15 am -8:15 am traffic on Hualalai Road was 170 vehicles per hour. From 3:15 pm -4:15 pm the vehicle volumes were recorded at 158 vehicles per hour. Due to traffic trends over the years and the addition of alternate routes off of Highway 11 mauka,the traffic volumes on this road have declined significantly. b) A grading permit from DPW has been obtained and no additional traffic impacts would be created by the special permit that don't already exist. Since the completion of Lako street and Puapuaaanue Hualalai Road has become much less traveled. L) Utilities a) Water is available through meters and fire hydrant from DWS that is under our use from previous needs.Telephone, electricity and sewage disposal is not in any level of demand. 4) How the Request Meets the Following Criteria A) The granting of this request will promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended.The State Land Use Law and Regulations are intended to preserve, protect and encourage the development of lands in the State for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawaii. In the case of the Agricultural District,the intent is to preserve or keep lands of high agricultural potential in agricultural use.The proposed use will be located within an area whose soils are classified as "E" or"Very Poor" by the Land Study Bureau's Overall Master Productivity Rating and unclassified by the Department of Agriculture's ALISH map.The proposed use will not displace or diminish the agricultural potential of the area since this parcel has not been in agricultural use for some time.This use is, therefore, not contrary to the objectives of the State Land Use Law for the Agricultural district.This parcel is not in a Coastal Zone Management area. B) The proposed use will not adversely affect the surrounding properties as all adjacent land parcels have no housing.This parcel is isolated between vacant parcels with the nearest resident over 600' to the north from the north west boundary in. C) The desired use will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. On the contrary, it will actually provide a great benefit to the community for improved drainage from flash flood occurrences, as was witnessed in Sept, 2015.The county road maintenance department had to do quite extensive repair on this property's north boundary bordering Hualalai Road, not to mention what had to be repaired farther downstream. Had this flood way been completed at the time of this flash flooding we would have possibly been spared such damage. More flood mitigation in the area needs to happen and this proposed use will help to make that feasibly possible. D) A currently unusual condition in this locality is the updating of FEMA's FIRM. Due to the process of adoption with the Federal agency, designing improvements become a doubled burden.The county DPW has been notified by FEMA to use the map that most protects life and property. This has been at the county's discretion. Under this special permit request it reduces the useable area. It is requested that when the new updated map becomes officially affective that our permit boundary on the property be allowed to expand to the limits of the 100 year flood lines in the areas that are shown on our application map. At this time, because of the process, the time line for map approval is expected to be finalized sometime in 2017. E) This parcel's soil rating from the Land Study Bureau's Overall Master Productivity Rating is an "E" or"Very Poor" and is unclassified by the Department of Agriculture's ALISH Map. Based on the aforementioned,this land is unsuited for the uses permitted within the district. F) The proposed use will alter the existing physical character of the subject property. However,the existing and essential character of the land in its current state is somewhat disheveled.This proposed use will facilitate the enhancement of the area through the ability to clean up remnants from the past while at the same time improving the flood way. G) The proposed use of this property will allow for improvements that are necessary for future,as well as our project,to meet the goals, policies and standards of the General Plan and other applicable documents such as community development plans and design plans. Flood plain improvements can serve as open space. Improvements such as this can connect people and communities and is consistent with the KCDP. H) The Land Use Law and Regulations and the proposed use of this property are not in conflict. While the proposed use is unusual it is a reasonable use considering all of the circumstances, future urban expansion plans and proper flood plain management. Types of Equipment with Estimated Quantities 1. Backhoe metal track and rubber tired (1-3) 2. Roller (1-2) 3. Lowboy and trailers (1-3) 4. Tandem truck(1-2) 5. Flatbed truck(1-3) 6. Conveyor belts (1-3) 7. Water truck(1-2) 8. Farm tractors and farm trucks (1-8) 9. Material processing equipment and parts Misc Materials 1. Lumber 2. Pre fabricated forms 3. Tile 4. Stone 5. Scrap metals List of Surrounding Owners 1. Hu-Ko-PA LLC TMK 7-5-017:042 2. Brain R Cook Development, Inc. TMK 7-5-017:041 3. JKS Partners LP TMK 7-5-017:040 4. Hualalai Partners of Kona LLC TMK 7-5-017:043 5. Joseph A Gomes TR TMK 7-5-017:003 6. Stanley A Gomes TRST TMK 7-5-017:055 7. Stanley A Gomes TRST TMK 7-5-017:056 8. Stanley A Gomes TRST TMK 7-5-017:046 9. Stanley A Gomes TRST TMK 7-5-017:059 10. Stanley A Gomes TRST TMK 7-5-017:058 11. Stanley A Gomes TRST TMK 7-5-017:057 12. Daniel B Bolton, Kristina L Bolton, Daniel R Bolton, Malia L Bolton TMKs :031,045, 046, :055,056,057,058,059 a svauPaae a case DAya1Y.IGe 4s h1 IRFERM BOARD aulo�iUmlNfl#ALMOUNU OOVEPUMOFNAWAD `�` Ise!. 7 . CQitlSONCNWA7ORYAMDtWCEMN/ADB@ff ELKOA KALUUMA a FWATEEPMY AFPNEV T.PrfM=X ,a t. UEfU�YDBBlIOB•WAIHI Bu�INDAID IIBLI®1171(E BUBeAvaroDirvEVANca COliOiISMIIi78t�OWALLA Q66fi' C�HVABIWpE}COAtGILAMOE CO®t VAT10N AMOBB6 EliOlCB®f f STATE OF HAWAII �Earwe DEPARTMENT OF LAND AND NATURAL RESOURCES HSTIORCMUMERVAIDON Lim STATE HISTORIC PRESERVATION DIVISION SUIRFAFAM KAKUHUIEWA BUND NG 601 KAMOKII.A BLVD,STE 555 KAPOLEI,HAWAII %707 February 11,2016 Mr.Daniel Bolton LOG NO:2015.04139 PO Box 898 DOC NO: 1602SN09 Kailua-Kona,HI 96745 Archaeology Aloha W.Bolton: SUBJECT: Chapter 6E42 Historic Preservation Review—REVISED COMMENTS County of Hawaii Stockpiling Permit Kahului 1"Ahupuala,North Kona District,Island of Hawaili TMK:(3)7-5-017:044 por. Thank you for the opportunity to review this stockpiling permit application that was received by our office on November 30,2015.According to the application, 14,900 cubic yards of material will be stockpiled on the subject parcel.This letter revises our previous letter dated December 2015(Log No.2015.0413 9,Doc.No. 1512SN09). A review of our records indicates that the subject project area has not been subjected to an archaeological inventory survey, and that the parcel was formerly designated as TMK: (3) 7-5-017:031. Our records also indicate that in 2006, SHPD made a determination of no historic properties affected for a grading and stockpiling permit on this parcel due to previous land alteration(Log No.2006.1602,Doc.No.0605MMO1). Based on current information,SHPD's determination is no historic properties affected for the proposed stockpiling activities on the subject parcel.Therefore,issuance of the permit for the goftin¢activities may proceed. In the unlikely 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 Sean NBleimaile at (808) 933-7651 or at Sean.P.Naleimaile&WLwaii.gQy for any questions or concerns regarding this letter. Aloha, ex \ . Lo .. Susan A.Lebo,PhD Archaeology Branch Chief CC. Christy Logan(logan@h2ltoninc.coml Warren H.W.Lee(public worksCa hawaiicountv.eov) LAUW\ 177tlE1.FN LINDA LINGLE C t, 07 N Q nDU14winN <:U\TiRNOR OIr1L\u'AI! 4.• �`•.,,,, � NOAUUUY LAND AND NATURAL k1w"ti4 fO �•(.1 at G,.�cbg•0 1ti7� hUltZlONIWWATFRRh]OURCEMANAGWDCr ff .Fti' �t�i+J. � I RUItitiI.I.V.TSUJI EII(f FIRST Dh]•UIT KEN C:.IG\\\'AVAIL\ ITVUIT01Xi r MR.R•ATrA JWUATIC NJ'"M DUATM ANDOCC NRIICQIAT" � ,...r. Bi Fa. •;x' 81 RIUAUOF(YNLVRYAWW MawbVIDN GN pATY.If RFSOlMCE AtANAC$Atwr C>%'6FAVAiN 1`9E IXCM 1.I�NT75 STATE OF HAWAII .Y+*� ,�TIavANDRKaf.-Ilm l r�xrxaDST r INUG.'ph3IISO �ataofHa+�*" DEPARTMENT OF LAND AND NATURAL RESOURCES 111WO�ur'•Y RSERVAt!w'•r'.` %AI 1001.AUIE p7_VO RF.VAVR g3MMMSJx STATE HISTORIC PRESERVATION DIVISION "M 601 KAMOK14A BOULEVARD,ROOM 555 KAPOLEI,HAWAII 96707 March 24,2010 Darin Richardson LOG NO: 2010.0757 Bolton, Inc. DOC NO: 1003MD23 PO Box 898 Archaeology Kailua-Kona, Hawaii 96740 Dear Mr. Richardson: SUBJECT: Chapter 6E-42 Historic Preservation Review— Request for Comment on a Grading Permit Application for 6.03 Acres Kahului I"Ahupuala,North Kona District,Island of Hawai°i TMK: (3) 7.5-017:031 &044(both por) Thank you for the opportunity to comment on the aforementioned project,which we received on February 1,2010.We apologize for the delay in our reply.The project entails flood channel improvements for the Kona Coffee and Tea Company. We determine that no historic properties will be affected by this project because work will be contained within the existing flood channel(repairs to concrete,etc.)which is an already disturbed area.Should work be planned outside of this channel we request the opportunity to comment as there may be historic properties present outside the channel area. In the event that historic resources, including human skeletal remains, cultural materials, lava tubes, and lava blisters/bubbles are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 933- 7653. If you have questions about this letter please contact Morgan Davis at (808) 896-0514 or via email to:morggri.c.davisCaIhawaii._ov. Aloha,, N Theresa K. Donham,Lead Archaeologist Hawaii Island Section State Historic Preservation Division Cc:Ty Dempsey,P.E., CFM,LEED AP,Project Manager,Lyon Assoc.,45 North King Street,Suite 501, Honolulu,Hawaii 96817-5107 —,, 16 niawi it, ritibuyd11011 out DtlL tlUCU T-Z51 P.013/016 F-5j1 LWDALIIiGLg 4R' O► +� rsrs4r.VOUNc OOVE"ONOPHAWA¢ ,' tiYb * fKAVANAM i CDSCW10 q v ROST.'PC C�{A! A oer'urPo0iC7op,-Wm DUN 1PABANO ' ewoosuotar WGwv.Qa�Y STATE OF IL4R'AIICOWQ91%'M=AMCOAMW X,M ee14WYAWMA,ft.M0Mtft.,,0,L,'. Spree H M-FARTMM OF LAND AND NATURALRESOVRCES mebamanYOUMMAMWILUUM A;uoeuvAl at„y� v STATE MSTORIC PRESERvATI01v D19Y5YON 6017c.P.MOKYI ABpLTLEVARA,ROOM 555 OTI{79PAMM KAPOL;HAWAH96707 May 22,2006 Kona Coffee&Tea Co. LOC NO: 2406.1692 C/o Mr,Dan Bolton DOC NO: 0605�%M0I F.O.Bax 909 Arebacology KaEua-Iona,Hawaii 96743 Dearlblr.Bolton: SUBJECT: Chapter 6E-42 Historic Preservation Review(CountyMublic Works)— Grading and Stockpiling Permits Kahului 1st 4hupua`s,North Kona District,Island of Hawaii TSM:(317-5-017:031 Project involves grading a portion of the property and stocipp ling construction material. � We believe that no historic properties will be affected by this undettaldug because: ❑ a)intensive cultivation has altered the land ❑ b)residential developmenthubanization has altered the land 0 c)previous grubbing/grading has altered the land ❑ d)an acceptable archaeological assessment or inventory survey found no historic properties ❑ e)this project has gone through the historic review process, and mitigation has been completed ® t)other:SHPD has reviewed and approvedprev:ous land alteration permits for the grading and stockpiling areas depicted on the grading plan datedMart h 20, 2006 Both areas were acknowledged as previously disturbed on our Wi D review dated October 23, 2002 due to work conducted under previous County permits#4730, 4513,and 4481. In the event that historic resources, including human skeletal remains, are idenffied during the construction activities, all work needs to cease in the immediate vicinity of the find, tbr,find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Section, needs to be contacted ittimediatcly at(8 9)327-369L Aloha, anieen, a r tate]diatoric Preservation Division AIM.jet h- pg •� •fit^ - �g O O1 .-yam /.� i .a-ls J ct C Cl w10 06, •��e.•tom�Q$, �� ,�;.q.�i•�r� '°k+y y tri •9.•'Oty�r�►��'°Y:'OY''t� �e�,"'t 4r � N �o�t2r At F � •gym � UPOO \ � N 1 to Po�1o^ IS66 90 N P�p\\ I i. �eN William P.Kenoi " ' Duane Kanuha Mayor Director Bobby Command �. Deputy Director West Hawaii Office East Hawaii Office 74-3044 Ane�e Hwy f Haii i 101 F Stet,Srfe 3 Kailas-Kom,'HawCounty oHaw ai'i 96740 Hilo,Hawai'i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563. PLANNING DEPARTMENT Fax(808)961-8742 February 19,2016 Daniel B. Bolton Janet T. Bolton P.O. Box 898 Kailua Kona,Hawaii 96740 Dear Mr.-and Ms.Bolton: SUBJECT: Warning Letter(File No. 2015-035W) Complaint: Alleged Operation of a Quarry Alleged Construction Base Yard ZCV 2015-035W TMK: 7-5-017.031and 7-5-017:044.-Portion of Waiaha 1'1 to PuaDuaanui let, North Kona Hawaii COMPLAINT The Planning Department received a complaint alleging that you are operating a quarry on the above referenced properties and also using the same properties as a Equipment Base Yard within the State Land Use Agricultural District and the County of Hawaii Agricultural Zoning district without Special Permits for a quarry and for a base yard at the subject properties. According to the complaint,the alleged crushing of material occurred in the morning hours and the removal of crushed material occurred in the afternoon,both on April 7,2015.The complaint alleges that a large dump truck with the Bolton logo on the door of the vehicle left the property fully loaded with aggregate and unloaded the material onto Kohanaiki Development. BACKGROUND Our initial investigation based on a complaint has revealed the following: 1) The property is located at 75-456 Hualalai Road,is further identified by Tax Map'Key as 7-5-017:031 and is situated within the State Land Use Agricultural district and the County Agriculture district A-5a,(minimum 5 acres). Real property Tax Office records list Daniel B. Bolton as the fee owner of the above referenced property. This property has a land area of approximately 12.93 acres. 2) The property is identified as being Tax Map Key 7-5-017:044 and is situated within the State Land Use Agricultural district and the County.Agriculture district A-1 a,(minimum 1 acres). Real property Tax Office records list Daniel B. Bolton and Janet T. Bolton as www.coholanninadeot.com Hawaii County is an Equal Opportunity Provider and Employer p1mingaco.bMiLhims Planning Dept. Exhibit_____-_ Daniel B. Bolton Janet T. Bolton Page 2 February 19,2016. the fee owners of the above referenced property. This property has a land area of approximately 23.73 acres. 3) Planning Department records indicate that a Special Permit 1047 has been granted for parcels TMK 7-5-017:031by the Hawaii County'Planning Commission on February 23, 2000,to allow the establishment of a coffee visitor center containing: a coffee house, historical farm museum,orientation room,and a public spa; a building containing a general store and coffee roasting and processing mill;parking lot,and related improvements. 4) The Planning Department"is in receipt of a Certified mail/letter dated June 24,2011, addressed to Mr.Daniel Bolton from State of Hawaii,Department of Health Solid and Hazard Waste Branch regarding a"Junkyard",referring to solid waste in the form of concrete rubble,as well as a waste pond. In this letter,Mr. Bolton was instructed to remove all solid waste from the property and not accumulate any further solid waste on TMK 7-5-017:031. The letter also indicated that the issues for the waste pond and the leaking automotive vehicles from construction vehicles have been referred to the DOH Wastewater Branch and Hazardous Waste Section respectively. 5) "Junkyard"means an outdoor or partially enclosed area,more than two hundred square feet in size,used for storage or keeping of junk,scrap,or nonhazardous waste materials, or for dismantling or wrecking vehicles or machinery or for storage of parts resulting there from. Chapter 25, (Zoning Code),Hawaii County Code Section 25-1-5(b) Definitions. 6) "Commercial excavation"means any excavation or removal of natural materials for profit which is not related to or not occasioned by an impending development of the site of such excavation. Chapter 25, (Zoning Code),Hawaii County Code Section 25-1-5(b) Definitions. FINDINGS 1) A site inspection was conducted on January 29,2016 at approximately 1030 hrs by planning inspector Mr.Horace Yanagi together with Ms.Christy Logan,representative for Bolton Construction. Ms. Logan escorted our inspector throughout the properties starting where the crusher was located. Our planning inspector observed the following: a) There is a rock crusher on parcel 44. There was a pile of crushed aggregate located nearby the rock crusher.. b) Throughout the two properties consisting of parcels 31 and 44,there are construction equipment such as earth movers, office trailers,old tires and used lumber material such as old forms,plywood sheets,and other construction materials such as concrete debris from another job site,being stored on the properties, some in various stages of disrepair and covered by weeds/brush. Daniel B. Bolton Janet T.Bolton Page 3 February 19,2016. c) There is an office type trailer that has been set in place without building permit on parcel 31 (north side)of the property. A drain line from the office type trailer has been installed that dumps its waste water directly on the ground. (photo available) d) There is an office type structure that is located on parcel 44 that is being covered by weeds/shrubs. 2) A follow-up site inspection was conducted on February 3,2016 at approximately 1515 hrs,with Ms. Logan on the above properties with Planning Department staff consisting of Planner Ms.Deanne Bugado,Planning Inspector Mr.Randy Lovato and Planning Inspector Mr. Horace Yanagi. This site inspection was conducted to clear up some misconceptions as to what is presently occurring on the property and to discuss possible mitigation measures which could be taken. The Planning Department staff observed the following: a) A backhoe has been parked next to the pile of crushed aggregate that was not there during the last inspection on January 29,2016. Ms. Logan told our planning inspectors that she is not aware of where the crushed material came from,nor was she aware of where the material was going to be hauled . b) There are 4 metal warehouses and a Quonset type structure built on the property. Records do not indicate that these structures have been issued building permits. WARNING This letter serves as a Warning, informing you that you May be in violation of Chapter 25, - Hawaii County (Zoning) Code for the reasons stated below. We want to give you the opportunity to disprove the complaint or take necessary,corrective action listed below. To respond to the complaint you must do one of the following by the "Deadline Date"of April 30,2016. If: (a)you are not operating the crusher for commercial purposes(Quarry), (b)you are not using the properties as a construction base yard(storing construction equipment), and(c)you do not have a junk yard on the above referenced properties,then you are requested to do the following: 1. Provide in writing to our office by the"Deadline Date"Attention Mr. Horace Yanagi, Planning Inspector with the following: a) A statement that you are not operating a crusher for commercial purposes(Quarry)on the subject property(the removal of material from an off-site location,crushing on- site, followed by the hauling of the crushed material to an off-site location). b) A statement that the crusher on the subject property is there for the sole purpose of crushing excess excavated material from the subject property for use on the subject property that it came from. c) A statement that there is no"junkyard"on the above referenced property. Daniel B. Bolton Janet T.Bolton Page 4 February 19,2016. 2. Contact our planning inspector listed at the end of this letter to arrange a time on or before April 30,2016,to have the property inspected to verify compliance. a) Include a statement granting permission for our inspector to come onto your property to verify that there are no zoning violations. Indicate in your statement whether or not your property is posted with"Keep Out", "Private Property",or"No Trespassing" signs. If (a)you are operating the crusher for commercial purposes (Quarry), (b) you are using the property as a base yard(storing construction equipment),and(c) there are junk on the subject properties without an approved Special Permit for a quarry,base yard, and or a junk yard,then you are requested to do the following: 1. Immediately cease operating the crusher for commercial purposes(quarry). a) This is to include ceasing the hauling of aggregate material from the subject property where it was crushed to a different off-site property other than where the raw i uncrushed material came from. 2. Immediately cease the use of the property as a construction base yard. 3. Immediately cease any and all other non-agricultural business's/activities from the subject properties now and in the future without first acquiring all necessary/proper permits required by the Hawai`i County Codes. 4. Remove all of the"junk"from the above referenced properties by the Deadline Date stated above. 5. Provide in writing to our office by the"Deadline Date"(Attention:Mr. Horace Yanagi, Planning Inspector)the following: a) A statement that you have stopped operating the crusher for commercial purposes (Quarry)on the above referenced properties. b) A statement that you have CEASED the use of the properties as a construction base yard on the above referenced properties. c) A statement that you have removed all of the"junk"from the above referenced properties. d) Include a statement granting permission for our inspector to come onto your property to verify that there are no zoning violations. Indicate in your statement whether or not your property is posted with"Keep Out", "Private Property",or"No Trespassing" signs. 6. Should you feel that it is necessary that you conduct a Commercial/Industrial type Quarry operation(Surface mining and sales of the resulting products) and should you feel that it is necessary to continue the use of storing construction equipment(construction base yard)on the above referenced properties then submit an application for a special permit that would allow for the creation of a(Quarry) and would allow for the use of the properties as a construction base yard. Daniel B. Bolton Janet T.Bolton Page 5 February 19,2016. 7. Contact our planning inspector listed at the end of this letter to arrange a time on April 30,2016 or sooner,to have the property inspected to verify compliance. Upon receipt of your letter and after our satisfactory review we may close this complaint process with no formal action depending on the evidence that you provide to this office. GENERAL INFORMATION What happens if you do not correct the alleged violation? If your letter is not received by the"Deadline Date"listed above,then your property will be further investigated and the observations evaluated; if a violation is determined to exist,you i may be issued a"Notice of Violation and Order"where an Initial Civil Fine along with daily fines will be assessed, and legal action may be taken against you. Can you get a time extension to have more time to correct the violation? If you know you cannot complete the corrective action by the"Deadline Date",you may want to submit a "request for a time extension"before the"Deadline Date",Provided that the following conditions are met: 1. Describe in detail what corrective actions you have completed prior to requesting this time extension. 2. Submit a detailed schedule for the amount of additional time necessary and the date in which you expect the alleged violation to be fully corrected. 3. A time extension will not be granted if you do not provide in detail what corrective actions have been completed prior to the deadline date,nor will the mere submission of a time extension request guarantee the approval for the request. Should you acquire the services of an attorney/counsel,or a Professional Consultant to represent you,then you are required to also submit a letter authorizing the attorney/counsel,or Professional Consultant to act as your agent. Should you have questions regarding Hawaii County Zoning Code, please contact Planner Ms. Deanne Bugado, and for questions regarding completion of the Corrective Actions or payment of fines please contact Planning Inspector Mr. Horace Yanagi at the West Hawaii Office at 323-4770. S' cerely, 2 UANE NUHA Planning Director HTY-BM: hty HAWARNINGSolton 7-5-17-31 and 44\Waming issued rev 3B.doc Daniel B. Bolton Janet T.Bolton Page 6 February 19,2016. Electronically copied. No hard copy to follow. Mr. Dwayne Inouye, Building Division,West Hawaii Office Mr. Luis Chavira,Building Division,West Hawaii Office Mr. Wayne Saiki, Electrical Division,West Hawaii Office Mr. Steve Tossman,Plumbing Division,West Hawaii Office Mr.Dane Hiromasa,Department of Health Waste Water Branch Real Property Tax Office,West Hawaii Civic Center Mr. Horace Yanagi,Planning Inspector Cc: West Hawaii TMK File L' tV 0P ` Stephen K.Yamashiro Mayor (ffvunfv of 'Flttfum"T _. PLANNING COMMISSION 25 Aupunl Street,Room 209 • Hilo,Hawaii 96720-4252 (808)961-8288 • Fax(808)%1-9615 CERTIFIED MAIL 7099 3200 0000 4869 7541 FES 2 3 2400 Mr. Gregory R.Mooers P.O.Box 1101 Kamuela,HI 96743 Dear Mr.Mooers: Special Permit Application(SPP 99-015) Applicant: Nani Kona Coffee LLC Request: Establishment of a Coffee Visitor Center and Related Improvements Tax Map Key: 7-5-17.33 The Planning Commission at its duly held public hearing on February 4,2000,voted to approve the above-referenced application. Special Permit No. 1047 is hereby issued to allow the establishment of a coffee visitor center containing a coffee house,historical farm museum, orientation rooms,and a public spa;a building containing a general store and a coffee roasting and processing mill;a parking lot, and related improvements on approximately 7.33 acres of land within the State Land Use Agricultural District. The property is located on the southeast comer of the Hawaii Belt Road and Hualalai Road intersection,Kahului 1',North Kona,Hawaii. Approval of this request is based on the following: The proposed coffee visitor center is an unusual and reasonable use of land situated within the State Land Use Agricultural District. In recognizing that lands within agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural district. The subject property is 7.358 acres in size. The coffee visitor center will consist of two buildings containing a coffee house, historical farm museum, orientation rooms, a public spa, a general store and a coffee roasting and processing mill, as well as a parking lot and related improvements. Planning ept. Exhibit Mr, Gregory R. Mooers Page 2 It should be noted that the coffee roasting arid'processing mill, orientation rooms, parking lot and related improvements would be permitted as accessory uses on the subject property under the State's current Agricultural classification. The coffee house, historical farm museum, public spa and general store, however, would be permitted only as provided for by an approved Special Permit. The applicant's representative has provided clarification that the coffee house will be used to prepare and serve guest meals and that the general store may sell items unrelated to the applicant's agricultural activities. The buildings and outdoor seating areas at the coffee visitor center will cover approximately 21,720 square feet on the subject property. Nani Kona Coffee farms approximately 100 acres of coffee at other properties; it is the intent of the applicant to roast, process and sell this estate grown coffee at the coffee visitor center as well as selling green coffee to large coffee processors and retailers for gourmet blends and 100% Kona coffee. The coffee visitor center will educate visitors about the coffee industry in Kona and introduce them to the applicant's estate grown coffee roasted and processed on the premises. With the exception of the coffee roasting and processing mill and the orientation rooms, the visitor center is not a permitted use within the County's Agricultural Districts. However, the purpose of the visitor center is to present agricultural products to a consumer market in a rural and educational setting. The proposed use will not displace agricultural activity nor diminish the agricultural potential of the area since this parcel has not been in agricultural use for some time. The granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. The State Land Use Law and Regulations are intended to preserve, protect and encourage the development of lands in the State for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawaii. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The proposed use will be located within an area whose soils are classified as "E" or "Very Poor" by the Land Study Bureau's Overall Master Productivity Rating and unclassified by the Department of Agriculture's ALISH Map. The subject property is situated within the County's Agricultural-5 acres (A-5a) zoned district. The proposed coffee visitor center, parking lot and related improvements would be situated on 7.358 acres of land which has been used extensively for pasturing of cattle in the past. The proposed 7,358 acres of land that will be taken out of the agricultural inventory for this area will not significantly affect the agricultural resource of the area, as no active agricultural lands will be taken out of production to provide the area necessary to establish the proposed use. Mr. Gregory R. Mooers Page 3 Therefore, based on the above circumstances, approval of the subject request would not be contrary to the objectives of the State Land Use Law Rules and Regulations given the subject conditions. The proposed use would not displace agricultural activity nor diminish the agricultural potential of the area since this parcel has not been in agricultural use for some time. Therefore, the proposed use would not be contrary to the objectives of the State Land Use Law for the Agricultural district. The desired use will not adversely affect the surrounding properties. The surrounding land uses include agricultural/pasture uses, residences and vacant lands. The Kona Hillcrest Subdivision is located across the Queen Kaahumanu Highway from the subject property, southwest of the intersection of Queen Kaahumanu Highway and Hualalai Road (makai). There are also residences on the north side of Hualalai Road and at the northeast corner of the Queen Kaahumanu Highway and Hualalai Road. The proposed use will alter some of the existing physical character of the subject property. However, the impact of the development will be minimized through the use of plantation architectural features such as lava rock facings, re-sawn plywood siding, split pitch hip roofs and earth tone colors for the buildings. Buildings will be setback a minimum of 180 feet from Queen Kaahumanu Highway and a minimum of 80 feet from Hualalai Road. The building setbacks from the east property boundary will be 80 feet while the building setback from the southern boundary will be approximately 120 feet. Substantial landscaping and water features will minimize the impact of the buildings as viewed from surrounding roads and properties. The property is of sufficient size to allow for adequate setbacks and buffers in minimizing any physical, social or other impacts that this proposed use may have on the area. The desired use will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. There would be an increase in traffic from the proposed coffee visitor center that could adversely impact Hualalai Road and the intersection of Hualalai Road (mauka) and the Queen Kaahumanu Highway. In order to mitigate impacts to Hualalai Road, the Department of Public Works has indicated that a left-turn channelized lane may be required on Hualalai Road at the entrance to the proposed development. Furthermore, the Department of Public Works concurs with the recommendation of the applicant's Traffic Impact Analysis Report that the median at the intersection of Queen Kaahumanu Highway and Hualalai Road be restriped to provide a refuge area for vehicles turning left out of Hualalai Road heading south along Queen Kaahumanu Highway. Also, accesses to and from the subject property, including the provision of adequate sight distances, the installation of street lights, signs and markings, and any other required improvements shall meet with the approval of the Department of Public i. Mr. Gregory R. Mooers Page 4 Works. The recommendations of the Department of Public Works have been incorporated into the conditions of approval. Furthermore, all requirements of the Department of Health, Department of Water Supply, Department of Public Works and Fire Department shall be complied with prior to establishment of the proposed use. Water, electrical and telephone services are all available to the subject property. Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established. The rapid tourist growth experienced in West Hawaii has resulted in increased visitor demand for Kona coffee products as well as greater interest in the culture and history of the Kona coffee industry. To meet this demand, the applicant is seeking to establish a coffee visitor center selling estate grown Kona coffee roasted and processed on the premises. The proposed development will support the agricultural industry, in that the applicant is farming approximately 100 acres of coffee on other properties to meet the demand anticipated at the proposed development. Therefore, no existing or proposed areas for agricultural activities will be curtailed or diminished as a result of the establishment of this activity on the subject property. The land upon which the proposed use is sought is unsuitable for the uses permitted within the district. The soils within the project area are not suitable for many types of agricultural uses. The U.S. Soil Conservation Service Soil Survey classifies soils within the project site as Waiaha extremely stony silt loam, 6 to 12 percent slopes (WHC). This soil is low on the leeward side of Hualalai and Mauna Loa. In a representative profile the surface layer is very dark brown extremely stony silt loam about 4 inches thick. The subsoil is dark-brown very stony silt loam about 14 inches thick. The substratum is pahoehoe lava bedrock. The surface layer is slightly acid. The subsoil is neutral to mildly alkaline. In places, the surface layer is nonstony. Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. The Soil Conservation Service's Soil Capability Rating for these soils is Class VII or soils having very severe limitations that make them unsuited to cultivation and restrict their- use largely to pasture, range woodland or wildlife. According to the Land Study Bureau's Detailed Land Classification System, soils within the subject property are classified as "E" or "Very Poor." Finally, the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map does not classify this land as having agricultural importance. The nature of the request is to allow for the establishment of a coffee visitor center consisting of a coffee house, historical farm museum, orientation rooms, public spa, general store, a coffee roasting and processing mill, as well as a parking lot and related improvements. The only village commercial zoned properties are in Kailua and Kainaliu. The subject area is central to the North Kona area that it will serve. Other Mr. Gregory R.Mooers Page 5 undeveloped areas are still available for agricultural development and the removal of 7.338 acres of land from the agricultural inventory will not have a detrimental impact on the agricultural resources of the area or the County of Hawaii. The proposed use will not substantially alter or change the essential character of the land and the present use. The proposed use will alter the existing physical character of the subject property. However, the impact of the development will be minimized through the use of plantation architectural features such as lava rock facings, re-sawn plywood siding, split pitch hip roofs and earth tone colors for the buildings. Buildings will be setback a minimum of 180 feet from Queen Kaahumanu Highway and a minimum of 80 feet from Hualalai Road. The building setbacks from the east property boundary will be 80 feet while the building setback from the southern boundary will be approximately 120 feet. Substantial landscaping buffers, rock walls and water features will minimize the impact of the buildings as viewed from surrounding roads and properties. As a condition of the Special Permit, all proposed structures, building setbacks, landscaping, and parking requirements shall be approved by the Planning Director in accordance with the Plan Approval process. This condition of approval will help ensure that structural, visual and public safety concerns will be mitigated to the best extent possible. The request is not contrary to the General Plan and official Community Development Plan. The subject request is not contrary to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates the property for Urban Expansion uses. According to the General Plan, Urban Expansion Areas allow for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The proposed use is consistent with the following goals and policies of the General Plan. Land Use Element E • Designate and allocate lands in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. 'r Mr. Gregory R. Mooers Page 6 • The County shall encourage the development and-maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Agricultural land shall be used as one form of open space or as green belt. • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. Economic Element • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County of Hawaii shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the resident of the County. • The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. i The Community Development Plan for the area of the proposed development is the Kona Regional Plan, which was adopted by the Planning Commission in April i 1984. The Kona Regional Plan designates the area as Residential-4 units/acre (RES 4). In the Kona Regional Plan, the General Plan Land Use Goals and Policies as they relate to agriculture are reviewed in relation to the function and value of agricultural lands in Kona. In the Planning Considerations section under the Agricultural Land Use heading, the plan states the following: "The agricultural value of lands in Kona is ,r Mr. Gregory R. Mooers Page 7 strongly influenced by the climate and the soil type. -Th&,evolution and present state of the Kona coffee belt indicates the location of much of the better lands. Other areas, however, may be potentially well-suited to agricultural activities as the crop type and production methods change. The present agricultural zoning is quite similar to the agricultural land use pattern recommended in the 1960 Plan for Kona and reflects on- to five-acre lot sizes within the coffee belt. It is recommended that this zoning pattern remain intact to perpetuate the existing agricultural investment and to allow for agricultural use opportunities within the better suited lands." The Kona Regional Plan defines the Kona coffee belt as that area along the old Mamalahoa Highway from the Palani Road junction south to Kealia. The Land Study Bureau's Detailed Land Classification System defines the coffee growing belt as the area located between 800 and 1,700 feet elevation where rainfall has increased to be between 50 and 70 inches, respectively. The subject property, located at an elevation ranging from 350 to 400 feet, is well below the Kona coffee belt, but is within the County's Agricultural (A-5a) District. Thus, the proposed use would not be in conflict with the Kona Regional Plan and would be permitted by the Zoning Code provided that a Special Permit is approved. Based on the above considerations, the proposed coffee visitor center and related improvements is an unusual and reasonable use of land, which would not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. Approval of this request is subject to the following conditions. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate the revocation of the Special Permit. 1. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. 2. The applicant, its successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. 3. The applicant shall submit to the Department of Water Supply the anticipated maximum daily water usage as recommended by a registered engineer for that agency's review and approval. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of the Special Permit. r t. t Mr. Gregory R. Mooers Page 8 4. The coffee visitor center and all related improvements shall be established within five (5) years from the effective date of this permit. Prior to the establishment of this use, Final PIan Approval shall be secured from the Planning Director. Plans shall identify existing structures, paved (asphaltic-concrete, concrete or chip-seal) parking areas and driveway and landscaping to mitigate any visual or noise impacts. The applicant, its successors or assigns shall notify the Planning Department in writing of the completion of required improvements prior to the establishment of the proposed use. 5. The hours of operation for the proposed use shall be limited from 6:00 a.m to 6:00 p.m. daily. 6. In conjunction with Plan Approval review, construction plans for all required improvements to the intersection of Queen Kaahumanu Highway and the mauka section of Hualalai Road shall be submitted and approved by the State Department of Transportation and/or the County Department of Public Works, whichever is applicable. The applicant shall install a left-turn refuge lane on Queen Kaahumanu Highway, unless prohibited by the State Department of Transportation. All required roadway improvements at the intersection shall be completed prior to the issuance of the certificate of occupancy for any building on the subject property. 7. Access to and from the subject property, including the provision of adequate sight distances, the installation of street lights, signs, and markings and any other required improvements to Hualalai Road, shall meet with the approval of the Department of Public Works. These improvements shall be completed prior to the issuance of the certificate of occupancy for any building on the subject property. 8. A left-turn channelized lane, if required, shall be provided on Hualalai Road at the entrance to the subject property meeting with the approval of the Department of Public Works. This improvement shall be completed prior to the issuance of the certificate of occupancy for any building on the subject property. 9. If any construction is proposed within Flood Zone AE, the applicant shall submit a drainage study in compliance with the Federal Emergency Management Agency (FEMA) and a Conditional Letter of Map Revision (CLOMR) shall be issued prior to construction with the approval of the Department of Public Works. Upon submittal of the drainage study, if improvements are required to I i 1 Mr. Gregory R. Mooers Page 9 mitigate flooding, then all improvements shall.be-completed prior to the issuance of any building permits. Upon completion of construction a Letter of Map Revision (LOMR)shall be obtained. If all proposed construction is outside the Flood Zone AE areas, the applicant shall be required only to submit a drainage study to the Department of Public Works and to construct a drainage system meeting with the approval of the Department of Public Works. 10, A Solid Waste Management Plan for the proposed development within the subject property shall be prepared and submitted for approval to the Department of Public Works 11. Should any remains of historic sites, such as rock wails, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. 12. The applicant, its successors or assigns shall comply with all other laws, rules, regulations and requirements, including those of the Department of Health, Department of Water Supply, Fire Department and the Department of Public Works. 13. Upon compliance with all conditions of approval and prior to the start of the operation, the applicant shall provide in writing, a final status report to the Planning Director. 14. An initial extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances: A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. C. Granting of the time extension would not be contrary to the original reasons for the granting of the permit. t , t Mr. Gregory R.Mooers Page 10 D. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). This approval does not,however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Should you have any questions,please contact Pam Harlow of the Planning Department West Hawaii Office at 327-3510 or Alice Kawaha of the Planning Department Hilo Office at 961-8288. Sincerely, Richard B. Baker,Jr., Chairman Planning Commission Lnanikona0l PC cc: Department of Public Works Department of Water Supply County Real Property Tax Division West Hawaii Office State Land Use Commission Department of Land&Natural Resources Kazu Hayashida,Director/DOT-Highways,Honolulu Mr.Daniel B.Bolton 62!0499 X ZONE X Z0Nt- .c7 y w Y-� .? -s•.• 7. �� 40e it Aa� 14G f _ zow X r- 2 ID 170, �0 ON X' • Z0NF fir, , x E 0NL h: • rr WE MAP.FIRM BASE MAP 0 AY e.7 �• Flood Hazard Assessment Report l •�`: ! wvvw,hawaiinflp•org SPECIAL FLOOD HAZARD AREAS(SFHAs)SUBJECT TO INUNDATION BY THE 1%ANNUAL CHANCE FLOOD •The 196 annual chance flood (100- �'; year),also know as the base flood,is the Rood that has a 1%chance of -,_ being equaled or exceeded in any given year-SFHAs include Lone A,AE, --... AH,AD,V,and VE.The Base Flood Elevation(BFE)is the water surface Notes: elevation of the 1%annual chance flood. Mandatory flood insurance Property Information purchaseapphes in these zones: COUNTY: HAWAII Ione A:No BFE determined. TMK NO: (3)7-5-017:044 Zone AE:BFE determined. WATERSHED: WAiAHA PARCEL ADDRESS: HUALALAI ROAD Zone AH Flood depths of 1 to 3 feet)usually areas of ponding); KAILUA KONA,HI 96740 BFE determined. Zone AD: Flood depths of 1 to 3 feet(usually sheet Row on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: APRIL 02,2004 Ione W Coastal Rood zone with velocity hazard{wave action); LETTER OF MAP CHANCELS): 08.09.0823P no BFE determined FEMA FIRM PANEL: 1 5 5 166071 3 6 Zone VE:Coastal flood zone with velocity hazard)wave action); BFE determined- PANEL EFFECTIVE DATE: MAY 16,1994 _ Zone AEF: Floodwayarras 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 carved without increasing the 8 F E NON-SPECIAL FLOOD RAZARD AREA-An area In a low-to-moderate risk THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone.No mandatory flood insurance purchase requirements apply, FOR MORE INFO.VISIT:httT3://www.scd.hawaii.gov/ but coverage is available in participating communities THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(K shaded):Areas of 0.2%annual chance Rood;areasof FOR MORE INFO,VISIT:http://dinreng-hauvaii-gov/dam/ P o n n i ng 'pt. 1%annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas Exh i L i protected by levees from 1%annual chance Rood An p Zane#:Areas determined to be outside the 0.2%annual chance U 400 BW ft floodpiain Dr5ciaimrer:The Hawaii Deportment of(and and Narural Resources OJINR)assumes no resson5ibiirty arising frgi>i OTHER FLOOD AREAS the usr,accuracy,completeness,and ffineliness of any information contained in this report-Viewers/Users are responstbie for verifying the accuracy of the+nformatfon and agree to indernnlfy the DLIVR,ifs officers,and employ res from any liability which may arise from its use of its dots or informahorn. r Ione D: Unstudied areas where flood hazards are undeter-mined,but flooding rs possible. No mandatory flood Insurance if this reap has been identified as TREUMWARY',please rote that it is being provided for mformational purposes purchase apply,but coverage is available in participating commu- and is not to be used for flood insurance rotimg-Contact your county floodplain manager for flood zone determine- nines. non5 to be used for campi+ance with larpl floodplain muriogement revuianarls- DEPARTMENT OF PUBLIC WORKS '' �`` '' • 3 COUNTY OF HAWAII HILO, HAWAII X1,1 "^ i - R 3, ?7 DATE: March 17, 2016 Memorandum TO Duane Kanuha, Planning Director Planning Department FROM Ben Ishii, Division Chi Engineering Division SUBJECT Special Permit Application (SPP 16-000188) Applicant: Bolton Inc. Location: Kahului 1St, North Kona, HI Request: Allow for a Base yard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials For Commercial use and a Security Dwelling TMK: 3 / 7-5-017:044 We reviewed the subject application and our comments are as follows: BUILDING 1. All structures shall conform to all requirements of code and statutes pertaining to building construction. DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. Flood Zone "AE", affects the subject parcel as designated by the Flood Insurance Rate Map (Effective and Preliminary DFIRM). Any new construction, substantial ¢6 improvements or land alterations within the composite floodplain boundaries of the m regulatory maps are subject to the requirements of Chapter 27 - Flood Control of le I Hawaii County Code. 0 C �. EARTHWORK 'cc _a 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment C" W Control, of the Hawaii County Code. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. �44 Hawaii County is an Equal Opportunity Provider and Employer f W, morandum to PD PW arch 17, 2016 F Page 2 of 2 N 2. 'Ae� permitted floodplain alterations are apparently driving the submittal of this 0%, application. The floodplain is currently disturbed on adjacent parcel 31. The un-stabilized: condition is an unacceptable erosion hazard. To the extent this permit will facilitate the timely completion of the permitted alterations, we support the applicant request and the expedient processing of it. ROADWAYS 1. Hualalai Road-serving the subject property, is a County collector road. It has an 18-20-ft. wide pavement within a variable right-of-way width. It is substandard based on width, alignment and roadside hazard clearances. 2. The existing driveway approaches are nonconforming and shall be brought into compliance with Hawaii County Code. All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code and County Standards. All sight distances shall meet ASSHTO guidelines. 3. Should additional improvements of Hualalai Road at the project entry, be required by DPW during the life of the permit, the applicant shall provide such improvements in a timely manner at no cost to the County of Hawaii. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323-4851. KE copy: ENG-HILO Hawaii County is an Equal Opportunity Provider and Employer OF W ArF 45 O! �� ,�g� t DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAII 96720 �HnWp TELEPHONE (808) 961-8050 • FAX (808) 961-8657 April 6,2016 r r, - -a - a TO: Mr. Duane Kanuha, Director 3 Planning Department J FROM: Keith K. Okamoto, Manager-Chief Engineer -y --I SUBJECT: Special Permit Application (SPP 16-000188) Applicant: Bolton,Inc. Request: Allow for a Baseyard/Staging Yard for Equipment,Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Tax Map Key 7-5-017:044 We have reviewed the subject application and have the following comments. Water can be made available from an existing 8-inch waterline along Hualalai Road fronting the subject parcel. Please be informed that the subject parcel does not have an existing water service with the Department. For your information,one(1) unit of water is equal to an average usage of 400 gallons per day,which is the estimated average daily usage for a single-family dwelling. The Department has no objection to the proposed application subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawaii,for review and approval. The water usage calculations shall include, but not be limited to,the estimated maximum daily water demand for all domestic and non-domestic water uses, such as landscaping/irrigation, swimming pools, and other water features. Each dwelling unit in the proposed development shall be assigned a minimum of one unit of water. s3 m Upon receipt of the estimated average daily water usage calculations, the Department will make a determination as to the necessary water system improvements required to support the development. �C 2. The proposed land use will require the installation of a reduced pressure type backflow prevention C .Q assembly, within five 5 feet of the existingmeters on private property. The installation of the C backflow prevention assembly(s) must be ispected and approved byte Department before water W service can be granted. 3. Submit construction plans prepared by a professional engineer, registered in the St e _a&a `i,for review and approval. "�� .t,•-m ' . . . Water, Our 94ost Precious &fsource . . . Kg WWaiA Xane . APR - 8 20161 0 4 0 The Department of Water Supply is an Equal Opportunity provider and employer. L Y . Mr. Duane Kanuha, Director Page 2 April 6,2016 4. Subject to other agencies'requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, 6"o Keith K. Okamoto, P. . Manager-Chief Engineer TS:dfg OF William P.Kenoi .�• q '7 �� 0 BJ 1.eithead Todd Mayor Director rT Randy Kurohara ..... . r­ John A.Medeiros Managing Director ��r;,,;•, \+..-J Deputy Director DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekilanao`a Street,Suite 41 • Hilo,Hawaii 96720 (808)961-8083 •Fax(808)961-8086 hitp:i.!aw wv.ha4waeiccaietrtv.acts./e�ivirotrntentl-n�annent/ MEMORANDUM Date : March 9,2016 To . DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD, Director ".� Subject: Special Permit Application(SPP 16-000188) Applicant: Bolton,Inc. Request: Allow for a Baseyard/Staging Yard for equipment,Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling TMK: 7-5-017:044 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments ( ) Commercial operations, State and Federal agencies,religious entities and non-profit 44 organizations may not use transfer stations for disposal. CL ( �) Aggregates and any other construction/demolition waste should be responsibly reused to 0 its fullest extent. (�k') Ample and equal room should be provided for rubbish and recycling. Q (�]) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer .0 stations,or other suitable diversion programs. C �_ (�( ) Construction and demolition waste is prohibited at all County Transfer Stations. C K ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. p� LU ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: County of Hawaii is an Equal Opportunity Provider and Employer. O p a tv OF William P.Kenoi .�• '. BJ IRithead Todd Mayor Director Randy Kurohara ''• •NewJohn A.Medeiros Managing Director Deputy Director DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekoanao'a,Suite 41 - Hilo,Hawaii 96720 (808)961-8083 -Fax(808)961-8086 http:/'/hawaiicounty.Lov/environmental-management/ MEMORANDUM Date : March 29,2016 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director"' Subject: Special Permit Application(SPP 16-000188) Applicant:Bolton,Inc. Request: Allow for a Baseyard/Staging Yard for equipment,Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling TMK:7-5-017:044 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: ieHirotan WASTEWATER COMMENTS: (Contact Wastewater Division for details.) (X) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. (X) Other: This area is within the Critical Wastewater Disposal Area(CWDA)and is within the 1 mile buffer area established by the Kona CDP for priority areas to be sewered DEM recommends that SMA require that sewer lines be installed in Alii Drive for this section and that properties along Alii Drive be sewered with wastewater treated by the privately owned Heeia WWTP County of Hawaii is an Equal Opportunity Provider and Employer. MYV OF of William P.Kenoi �� + % ! °_. 1 E- °�T Harry S.Kubojiri Mayor Police Chief '�os'N► a Paul K.Ferreira Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapi'olani Street • Hilo,Hawai'i 96720-3998 (808)935-331( • Fax(808)961-2389 March 18, 2016 TO DUANE UHA, PLANNING DIRECTOR FROM L . KEALOHA, JR., ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT SPECIAL PERMIT APPLICATION (SPP 16-000188) APPLICANT: BOLTON, INC. REQUEST: ALLOW FOR A BASEYARD/STAGING YARD FOR EQUIPMENT, STORAGE OF MATERIALS, STOCKPILING AND CRUSHING OF NATURAL MATERIALS FOR COMMERCIAL USE AND A SECURITY DWELLING TAX MAP KEY: 7-5-017:044 This is in response to your memorandum dated March 8, 2016, regarding a request for comments on the special permit application at the above-mentioned location. Thank you for allowing the Hawaii Police Department to make comments regarding this development. At this time, the Hawaii Police Department has no comments. Should you have any questions or concerns, please contact Captain Randal M. Ishii, Commander of our Kona Patrol Division, at 326-4646, extension 299. RI/jaj RS 160178 Planning ept• x s; T' IN, d Exhibit z JN AR 7-016 "Hawai'i County is an Equal Opportunity Provider and Employer" William P. Kenoi Mayor �- % Darren J. Rosario Fire Chief Renwick J.Victorino Deputy Fire Chief i T � = > "All Countp of 7abiat'i HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii%720 (808)932-2900•Fax(808)932-2928 March 30, 2016 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J. ROSARIO, FIRE CHIEF SUBJECT: Special Permit Application(SPP 16-000188) Applicant: Bolton,Inc Request: Allow for a Baseyard/Staging yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Tax Map Key: 7-5-017:044 In regards to the above-mentioned Special Permit application,the following shall be in accordance: NFPA 1,UNIFORM FIRE CODE,2006 EDITION Note: Hawaii State Fire Code, National Fire Protection Association 2006 version, with County of Hawaii amendments. County amendments are identified with a preceding "C—" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. Planning Wq,, Exhibi a*i N t �REC> . - .5 Hazuai'i County is ari Equal Opportunity Praoider and Employer. Duane Kanuha March 30, 2016 Page 2 C—18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Duane Kanuha March 30, 2016 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography,waterways,nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R,the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C— 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C- 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then Oft 6 in. C— 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Duane Kanuha March 30, 2016 Page 5 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads,trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Duane Kanuha March 30, 2016 Page 6 18.2.4.2.5 Locks,gates, doors, barricades, chains, enclosures,signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies,the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. Duane Kanuha March 30, 2016 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC)to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOT : Yn that water��t�hm�nt.systems ire being;used as a means of�vaterr supply "'for f reig>�ting,such systems shalt deet"the folloVvtngequxremnts: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4"for C900 PVC pipe; b) 4" for C906 PE pipe; c) 3" for ductile Iron; d) 3' for galvanized steel. Duane Kanuha March 30, 2016 Page 8 3) The Fire Department Connection(FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. Duane Kanuha March 30, 2016 Page 9 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements,please contact the Fire Prevention Bureau at(808) 323-4761. a4. DARREN J. ROSARIO Fire Chief CB/ds r DAVID,Y.ICE ,I6 GOVERNOR OF HAWAD AI-••`�Iy GD 9 SUZANNE D.CASE CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON NATER RESOURCE � '"d MANAGEMENT STATE OF HAWAII s eOf DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU.HAWAII 96R09 April 1, 2016 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: idarrow@co.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: SUBJECT: Special Permit Application (SPP 16-000188); Request: Allow for a Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR)Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division—Hawaii District on the subject matter. Should you have any questions,please feel free to call Lydia Morikawa at 587-0410. Thank you. Sincerely, moi r.: C^ Russell Y. Tsuji Land Administrator Enclosure(s) cc: Central Files Planning t• Exhibit DAVID Y.IGB GOVERSUZANNE D.CASENOROFHAWAH }P{'�+`' gg tih' '� v• 'g v 'i C1WRPBRSON h y; BOARD OF LAND AND NAThAAL RFFT,;.^,CES a� 11 COMMISSION ON{NATER RESOURCE end and N C MANAGEMENT c f d STATE OF HAWAII r a af> � DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION -p- U) t,t ,. POST OFFICE BOX 621 �%l W Com", HONOT.IHAL HAWATT 96809 C3rM �� N March 11, 2616o AGOCD MEMORANDUMS TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating&Ocean Recreation X Engineering Division _Div. of Forestry&Wildlife _Div. of State Parks _Commission on Water Resource Management Office of Conservation&Coastal Lands -XJ, -.=d!DMsion—, 1i*i 't District X Historic Preservation FROM: Rus 1 Y. Tsuji,Land AdmimN tato or --- --`" SUBJECT: Special Permit Application (SPP 16-000188); Request: Allow for a Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling LOCATION: North Kona, Island of Hawaii;TMK: (3)7-5-017:044 APPLICANT: Bolton, Inc. Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you. Attachments ( ) We have no objections. ( We have no comments. ( ) Comments are attached. Signed: Print Name: 9,v, Date: cc: Central Files DAVID Y.(GE A<�"'�«`.." IYf + IV1 V GOVEMMOFNAWAII SU7dNNE D.CASE CfWRPSON DIVISION HOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE and N� MANAGEMENT MAR 30 AM 10:IZ52 STATE OF [. ter l AKD u s'a+�otFl>K'"` DEPARTMENT OF LAND AND A: LAND DIVISION > POST OFFICE BOX 621 HONOMJUJ.HAWAII 96RO9 March 11,2616 MEMORANDUM �� DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating&Ocean Recreation 3L:Fgri Iivisiort _Div.of Forestry&Wildlife _Div. of State Parks _Commission on Water Resource Management _Office of Conservation&Coastal Lands X Land Division—Hawaii District X Historic Presevzation TI AM: Rus 1 Y. Tsuji,Land Administrator SUBJECT: Special Permit Application (SPP 16-000188); Request: Allow for a Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling LOCATION: North Kona,Island of Hawaii;TMK: (3)7-5-017:044 APPLICANT: Bolton,Inc. Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by March 31,2016. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. (x) Comments are'attacheo. { Signed: Print Nam�F_arty 5. han , Chief Engineer Date: ? � cc: Central Files t DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION To: Land Division/Russell Y.Tsuji COMMENTS The rules and regulations of the National Flood Insurance Program(NFIP),Title 44 of the Code of Federal Regulations(44CFR),are in effect when development falls within a designated Flood Hazard. The owner or the project property and/or their representative is responsibile to research the Flood Hazard Zone designation for the project. Flood Hazard Zone designations can be found using the Flood Insurance Rate Map(FIRM),which can be accessed through the Flood Hazard Assessment Tool(FHAT)(http://gis.hawaiinfip.org/FHAT). National Flood Insurance Program establishes the rules and regulations of the NFIP-Title 44 of the Code of Federal Regulations(44CFR).The NFIP Zone X is a designation where there is no perceived flood impact. Therefore,the NFIP does not regulate any development within a Zone X designation. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may take precedence over the NFIP standards as local designations prove to be more restrictive. If there are questions regarding the local flood ordinances,please contact the applicable County NFIP Coordinators below: o Oahu:City and County of Honolulu,Department of Planning and Permitting (808)768-8098. o Hawaii Island: County of Hawaii,Department of Public Works(808)961-8327. o Maui/Molokai/Lanai County of Maui,Department of Planning(808)270-7253. o Kauai:County of Kauai,Department of Public Works(808)241-4846. Signed:_ CARTY G,CHIEF ENGINEER Date: L`t" DAVID Y.TGES 6 O F h4 SUZANNE RD.S CASE GOVERNOROFHAWAU *.r,,,.,... CHAIRPERSON A. .%959 ���N,1 BOARD OF LAND AND NATURAL RESOURCES 4 }y COMMISSION ON WATER RESOURCE MANAGEMENT f KEKOA KALUBIWA F�tld mid M_ _ i FIRST DEPUTY JEFFREY T.PEARSON f- DEPUTY DIRECTOR-WATER ~`"'..-..•• AQUATX RESOURCES Yy{"•' ATING AN RECREATION BUREAU OFCONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT STATE OF HAWAII ( R:AT1ON„ NAND RE Ai " I F �Hy,paa ENGINEER DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY AND WWRDLIFE BISTORK''PRFSERVATTON KAHOOLAWE IS RE.ERV E COMMISSION STATE HISTORIC PRESERVATION DIVISION LAND KAKUHIHEWA BUILDING STATE PARRS 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 May 5,2016 Mr.Duane Kanuha,Planning Director Log No.2016.01088 County of Hawaii Doc No. 1605GCO2 101 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 Mr.Russell Y.Tsuji,Land Administrator Land Division,Department of Land and Natural Resources P.O.Box 621 Honolulu,HI 96809 Dear Mr.Sirs: SUBJECT: Chapter 6E-42 Historic Preservation Review Special Permit Application(SP 16-000188)—County of Hawaii Request for—Baseyard,Stockpiling,Storage,Crushing of Material,and Security Building Kahului 1"Ahupua`a,North Kona District,Island of Hawaii TMK:(3)7-5-017:044 nor. Thank you for the opportunity to comment on this permit application that was received by our office on March 10, 2016. Bolton, Inc. (applicant) is requesting a special permit for establishing a baseyard/staging yard on a 9.23-acre portion of the 23.38-acre parcel identified as TMK: (3) 7-5-017:044. The yard will be used for equipment,storage, stockpiling and crushing of natural materials for commercial use,and installation of a temporary security building. A SHPD records review indicates that no archaeological inventory survey (AIS) has been conducted, and that no historic properties have been identified within the subject parcel.The SHPD has previously made a determination of no historic properties affected for (1) a grading permit for flood channel improvements on a portion of Parcel 044 (March 24, 2010; Log No. 2010.0757, Doc No. 1003MD23); and (2) a grading and stockpiling permit (May 22, 2006; Log No.2006.1602, Doc No.0605MM01);and a revised determination of no historic properties affected for the applicant's earlier stockpiling permit(February 11,2015;Log No.2015.04139,Doc No. 1602SN09). Based on the information above, SHPD's determination is no historic properties affected for the proposed baseyard/staging yard.The permitting process may continue. Please attach to the permit: In the event that historic resources, including human skeletal remains, lava tubes, and lava blisters/bubbles are identified during the construction activities,all work should cease in the immediate vicinity of the find, the find should be protected from additional disturbance, and the State Historic Preservation Division should be contacted immediately at(808)692-8015. Please contact meat(808)692-8 019 or at Susan.A.Lebo(&hawaii.gov for any questions regarding this letter. Aloha, Sia , A , L.J", Susan A.Lebo,PhD Archaeology Branch Chief cc:Jeff Darrow,COH-Planning(Jeff.Darrow(a,hawaiicountygov) Planning Dept. Lydia Morikawa,DLNR-Land(Lydia.Morikawa(a,hawaii.gov) Exhibit DAVID Y.IGE `o VIRGINIA PRESSLER,M.D. GOVERNOR OF HAWAII ,ar"ps DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-1916 MEMORANDUM DATE: March 29, 2016 TO: Mr. Duane Kanuha Planning Director, County of Hawaii FROM: Eric Honda f� District Environmental Health Program Chief SUBJECT: Special Permit Application (SPP 16-000188) Applicant: Bolton, Inc. Request: Allow for a Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Tax Map Key: 7-5-017:044 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The applicant would need to meet the permit requirements of our Department of Health Air Pollution Rule, Chapter 60.1, Title 11, State of Hawaii for the proposed quarry operations. If there is need to discuss these requirements, please contact our Clean Air Branch staff in Honolulu, Ph. 586-4200. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the perr>ut. Planning Dept. 0 9 , Exhibith , x s h ' q Duane Kanuha March 29, 2016 Page 2 of 2 Should there be 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: http:!/hawaii.govAiealth/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD: SPP 16-000188.eh Darrow, Jeff PLANNING DEPARTMENT From: Ichinotsubo, Lene K <lene.ichinotsubo@doh.hawaii. ov> Sent: Wednesday, March 23,2016 2:50 PM 102 IIAR 23 Fill 12: 41 To: Darrow,Jeff cc Nichols„Todd D;Otsu,lane M Subject: Special Permit Application(SPP16-000188) Dear Jeff, The Department of Health(DOH),Solid Waste Section received the subject Special Permit application. We offer the following comments: 1. The adjacent TMK:7-5-017:031,also owned by Mr. Daniel Bolton, has outstanding solid waste issues,specifically the accumulation of approximately ten cubic yards of concrete waste and about 30 to 50 waste tires. Removal and proper disposal of these materials have not been documented. 2. The application Identifies the proposed use as"A base yard/staging area that will process, reclaim,organize for reuse,repurpose or disposal of misc equipment,materials and farm related materials." From this description, the facility sounds like it may become a recycling and/or salvage facility. If the facility accepts waste and is not a regulatory-listed exempted operation,then a solid waste management permit may be required. 3. We understand from the application that"depositing,placing,pushing,crushing,dumping,pulling,transporting, or moving to a new location any soil,sand,gravel,rock or other similar material"may occur. If this activity is limited to clean,uncontaminated earthen materials,such that soils meet the Department of Health's Environmental Action level for unrestricted use,then the DOH's Solid Waste Section will not consider the material a waste and will not regulate the movement of the soil on-site or off-site. However,if contaminated soils or materials,or materials that do not meet the Hawaii Revised Statutes 342H-1 definition of inert fill, is moved off-site or brought into this facility,then the receiving facility shall have a DOH-permitted solid waste management facility. Please let me know if you have any questions regarding these comments. Lene Ichinotsubo Hawaii Department of Health Solid and Hazardous Waste Branch 919 Ala Moana Boulevard, Rm.212 Honolulu, Hawaii 96814 (808)586.4226 lene.ichinotsubo@doh.hawaii.gov Planning DbNi. Exhibit, 13 10 4 4 2 5 �1. OF hq a� &Aoaa $ �� DAVID Y.IOE OFFICE OF PLANNING GOVERNOR t LEO R.ASUNCION STATE OF HAWAII DIRECTOR OFFICE OF PLANNING ,�e 235 South Beretania Street,6th Floor,Honolulu,Hawaii 96813 7e►ephone: (808)587-2848 .G. .�ev� Mailing Address: P.O.Box 2359,Honolulu,Hawaii 96804 Fax: (808)587-2824 Web: hnpJ/planning.hmaii.gov/ Ref.No.P-15094 March 31,2016 Z� Mr. Duane Kanuha, Director c Planning Department - .s County of Hawaii C's _ 3 101 Pauahi Street, Suite 3 T. Hilo, Hawaii 96720 D rn Attention: Jeff Darrow Dear Mr. Kanuha: Subject: Special Permit Application(SPP 16-000188) Applicant: Bolton,Inc. Request: To Allow A Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling. Tax Map Key: (3) 7-5-017: 044 Kailua-Kona, Hawaii We have reviewed the request for a Special Permit to allow a baseyard/staging area within a total area of 9.23 acres. The remainder of the 23.38 acre lot is within a flood zone. The flood zone area has an active grading permit and two (2) stockpile permits,to facilitate the flood channel improvement project on the lot. Thus,the SP is requested for the areas outside of the flood zone,and flood channel project. Activities will occur from Monday thru Friday,7 am to 5 pm. A dwelling will house the security person on site in order to discourage illegal dumping. Approximately 10-20 truckloads of material will be stored on site every day. The site is zoned Agricultural 1 acre (Ala). The land contains soils that are classified as "D" and "E" under the Land Study Bureau(LSB) overall master productivity rating and "Unclassified" under the Agricultural Lands of Importance to the State of Hawaii (ALISH) system. Based on our review of the subject project relative to the Special Permit guidelines in Hawaii Administrative Rules § 15-15-95, we offer the following comments: Planning Exhibit 104654 Mr. Duane Kanuha, Director March 31, 2016 Page 2 1. Hawaii Revised Statutes (HRS)Chapter 205 provides that the Agricultural District shall include lands with a high capacity for agricultural production, grazing, or other agricultural uses. It also recognizes that some lands may not be suitable for the uses permitted in the Agricultural District and therefore other uses may be allowed with a special permit. In this case,the site contains soils of poor quality not suitable for agricultural use. 2. OP recommends that the County consider imposing a condition that the Applicant seek a reclassification of the parcel from the State Agricultural District to the Rural or Urban District. The Rural or Urban Land Use District would be a more appropriate zoning given the anticipated long-term industrial use and the site's unlikely return to agricultural use. Thank you for the opportunity to review the Special Permit application. If you have any questions, please contact Lorene Maki of our Land Use Division at (808) 587-2888. Sincerely, Leo R. Asuncion Director c: Land Use Commission :Jl_)�JIV I.T l_ii I-1P��dr/All May 3, 2016 Bolton, Inc. PO Box 898 Kailua-Kona, HI 96745 County of Hawaii Department of Planning 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 Subject: Special Permit(SPP-000188) Complaint: Base yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Products for Commercial Use and a Security Dwelling TMK: 7-5-017:044 Dear Director: This letter is in reply to all comments received with regard to the above mentioned permit application.We are in receipt of ten (10)comments from various agencies that received the package of information that has been distributed. Comments are responded to by date received. 1. Police: None 2. Department of Public Works: Building: This applies to the security dwelling and we will engage the building department for the necessary requirements at such time it becomes applicable. Drainage: 1. This will be addressed in our NPDES permit to meet this expectation. A NOI was submitted to the State of Hawaii Clean Water Branch on April 2, 2016. 2. N/A area 1 and 2 are not situated within the"AE"flood zone Earthwork: 1. Grading and stockpile permits have already been issued and will be complied with. Under this special permit the stockpiles would be outside of DWP's process. 2. We agree with everyone want this project expedited. However, this is not a publically funded project and must be able to fulfill a financial business Planning Dept- MAY - 4 201 Exhibit__ffl i 0 51 model. Time should not be dictated by DWP.We will do our best to expedite this flood channel job.We are now entering the 5th month of the flood channel project and nothing has been completed due to the code enforcement's contention that commercial excavation isn't aged under our grading permit. Roadways: 1. Agreed to the statement 2. This is a condition that was attached to subdivision application File No. 2015-035W.This subdivision application was withdrawn and the Planning Department has acknowledge the withdrawal. This is a moot condition and is not relevant to this application. 3. The approach on Hualalai Road shown on this application will meet the approach requirements of DWP. 3. Department of Health Solid Waste Division: 1. These items will be processed for proper disposal under this special permit as noted in the application. Invoice records of disposal have been provided to the Department of Health. 2. This type of activity is only being conducted to resolve the current complaint as noted in File No. 2015-035W. This warning letter alleged a "base yard" on AG land that doesn't have a special permit in place. The code defines a "junkyard"in Sec 25-1- 5(b).We believe that the current situation is an allowable use under Sec 25-5-72(23)"Vehicle and Equipment Storage"as it relates to farming but in an effort to be a good neighbor are including this activity in our special permit application.There is no intention to continue activities to become a permanent recycling and/or salvage facility. 3. At this point in time there is no intention of importing contaminated materials. If at such time this intention changed,we would need to apply for and receive; a DOH solid waste permit as noted. 4. Department of Environmental Management Solid Waste: 1. Other: N/A This parcel isn't located within the CWDA and therefore is not an issue 5. Hawaii Fire Department: 1. All fire codes that are applicable will be followed. 6. State of Hawaii Department of Health: Bolton Inc has a "Temporary Covered Source Permit" issued by the Department of Health. 1. Bolton has a noise permit. KO 15-016 specifically for TMK 7-5- 017:044. r 2. Conditions are met 3. Rules and conditions of permits are complied with. 7. Deparhnent of Land and Natural Resources: 1. The permit areas in this application are in the flood zone, Zone X. NFIP standards do not regulate Zone X and are therefore not applicable to our application. 8. State of Hawaii Office of Planning: This parcel is currently zoned by the state as Agricultural 1 acre (Ala). It is located in a county zone as Agricultural 1 acre. In the county's CPD it is identified as "urban expansion". OP is recommending a zoning change to rural or urban under the logic that this property is unlikely to return to agricultural use.While we agree with the inevitability of this locality becoming urban we believe that this request is premature at this point in time. 9. County of Hawaii Planning Department: This is an interdepartmental memo and is not applicable to our special permit request. 10. Department of Water Supply: There is currently no additional water sources needed by this special permit. Sincerely, M.'6-rnir/M. :4-e-'A n Daniel B Bolton DB;CAL �wAC �/r�J V °aa. OFNwwa z kTM 0. STATE OF HAWAII DEPARTMENT OF HEALTH P.O.Box 3378 �« HONOLULU,HAWAII W801-3378 June 29, 2005 CERTIFIED MAIL 05-611 E CAB RETURN RECEIPT REQUESTED (7004 0550 00001476 3729) File NO.0481-03 Mr. Dan Bolton Vice President Bolton, Inc. P.O. Box 898 Kailua-Kona, Hawaii 96745 Dear Mr. Bolton: Subject: Temporary Covered Source Permit(CSP) No.0481-01-CT Application for Renewal and Significant Modification No.0481-03 Bolton,Inc. 475 TPH Portable Stone Processing Plant Located at: Various Temporary Sites,State of Hawaii Initial Location: TMK: (3)7-3-9:39,Intersection of Queen Kaahumanu Highway and NELHA Access Road, Kaliva-Kona,Hawaii Expiration: June 28,2010 The subject temporary covered source permit is Issued in accordance with Hawaii Administrative Rules(HAR),Title 11,Chapter 60.1. The Issuance of this permit is based on the plans and specifications that you submitted as part of your application dated October 27,2004. This permit supersedes CSP 0481-01-CT issued on November 6,2000, in its entirety. The temporary covered source permit is issued subject to the conditions/requirements set forth In the following Attachments: Attachment is Standard Conditions Attachment II: Special Conditions Attachment 11 -INSIG: Special Conditions-Insignificant Activities Attachment III: Annual Fee Requirements Attachment IV: Annual Emissions Reporting Requirements The forms for submission are as follows: Compliance Certification Annual Emissions Report Form: Stone Processing Monitoring/Annual Emissions Report Form: Fuel Certification &Operating Hours Monitoring Report Form: Visible Emissions Change of Location Request for a Temporary Source d� FILE COPY UNA LINGLE t CHIME L.FUIGI10,WD. GOVERNOR OF NAVWYI •0IREGTOROf HEALTH Initials 40� STATE OF HAWAII Mailed Out JM Z 9 2M DEPARTMENT OF HEALTH in1".ON.ti.e P.O.Bar 3378 M` HONOLULU,HAWAII X801-378 June 28,2010 10-475E CAB Mr. Stan Marks Compliance Officer Bolton, Inc. 73-4173 Hulikoa Drive Kaiiva-Kona,Hawaii 96740 Dear Mr. Marks: Subject: Renewal of Temporary Covered Source Permit No.0481-01-CT Bolton, Inc. 475 TPH Portable Stone Processing Plant with 330 HP Diesel Engine and 480 HP Diesel Engine Generator Located at: Various Temporary Sites,State of Hawaii Due to the Department's current backlog of permits,the processing of your renewal application has been delayed until after the permit expiration date of June 28,2010. In accordance with Hawaii Administrative Rules§11-60.1-82(b),the following will be In effect: 'The covered source permit shall remain valid past the expiration date and the covered source shall not be in violation for failing to have a covered source permit, until the director has issued or denied the renewal of the covered source permit, provided: (1) Prior to permit expiration,a timely and complete renewal application has been submitted and the owner or operator acts consistently with the permit previously granted,the application on which it was based,and all plans, specifications,and other information submitted as part of the application." As your renewal application was submitted on a timely basis and has been deemed complete, your covered source permit will remain valid past the expiration date of June,28,2010. If you have any questions, please call Mr. Keith McFall on my staff at(808)586-4200. Sincerely, Iv k WILF D K. NAGA TNE Manager,Clean Air Branch KM:nn 1 CLEAN AIR BRANCH STATE OF HAWAII State Department of Health OFFICIAL RECEIPT P.O.Box 3378 No. 25529 Honolulu,Hawaii 96601 Department or Agency L DATE: �� A44 UST 20 Pq _ RECEIVED from 1304D A TYY -ylUndred And 0'/ 1 ray DOLLARS P.PnLU�Q 1 �i ��rl;ori T rno, CSP D�LgI-D h (!T 11142 475-128 Par AWU,_51vex Pret%k wAh 330 uP DiccseI"of 4-WO W Dgxl&=f, wAakd ak VariaLAs Tcrmmraa4 S&5 5kAr 02 �awa0 $ .50'�DD �N 15455 Authorized Signature STATE ACCOUNTING FORM 8.24 a ,a UI $ c a a i N ay o Ln 0 g p z_ ppi N 'wr � y N ° pfa a W W a a z° 3 0 L aIt o oa ao to a 01 0 N F=_- Z N W = W 1 M } $ Z O ra 20 ta a ° p w q !4 rn In � w w o .� ((� y10 w ° a 0z0 [L WW ^ a ~ o 41 0 w W = `"' cc E a O LL � `� .• o r i I N . � ¢ � 3W �L NW H a aao W 0 2 a0. aU 03: pq 0 Z �" = WLL 1 Ot °• °Z w tw C1 ch Ir Q„ cm i0 LM W Q C 0 W M o N z I7 id N 4J Id w p. Z O Q q K Z tit Y Z U V OO WW 0 o N � a ° ° •� O a w ri N Z z (n _Do I ° O W ° a � � ° U = ¢ Z - ° LL J o D � ir w A 0 z d � a a (n U a 14 aa. .4 O IA $ oo ;n July 8w, 2011 Mr. Steven Y.K. Chang, P.E. Cheif Solid and Hazardous Waste Branch Hawaii Department of Health 919 AlaMoana Bvld., Rm#212 Honolulu, Hl.96814 808-586-4226 Ref: Letter of Interest mailed 6-24-2011 Subject Accumulation of Solid Waste, 74-456 Hualalai Rd, Kailua Kona, HI TMK 375017031 1 received a certified letter from your office about an accumulation of Solid Waste on my property at 75-456 Hulalalai Rd in Kona Hawaii. I have immediately ceased and desit accumulating additional solid waste. I have removed the solid waste as of 7-8-11,and disposed of properly. I have attached copies of the disposal receipts. Should you have any questions regarding this letter, please call me at 808-896-8000. Sincerely Daniel Bolton P.O. Box#898 Kalua-Kona, HI 96745 Ste✓ NEIL ABERCROMBIE 'tc'•Nati LORETTA J.FUDDY,A.C.S.W.,M.P.H. OOVERNO'IOFHA114AII +�,°j• •� DIRECTOR OF HEALTH si STATE OF HAWAII DEPARTMENT OF HEALTH "'eEMSHWNS `OB B P.O.BOX 3378 HONOLULU,HI 98801-3378 June 24, 2011 S0687TN CERTIFIED MAIL NO.7009 2250 0004 4922 9823 LETTER OF INTEREST RETURN RECEIPT REQUESTED Mr. Daniel Bolton P.O. Box 898 Kailua Kona, Hawaii 96740 Dear Mr. Bolton: SUBJECT: Accumulation of Solid Waste 75-456 Hualailai Road, Kailua Kona, Hawaii TMK 75017031 On September 14, 2010, the Department of Health (DOH), Solid Waste Section (SWS) received a complaint regarding the dismantling of trucks resulting in the release of oil, antifreeze, and hydraulic fluid, as well as a porta-potty that was releasing raw sewage at the site. On May 20, 2011, in response to the complaint, the DOH-SWS visited the subject site to investigate the portion of the complaint relating to solid waste laws and regulations. During the visit, DOH-SWS noted the presence of solid waste in the form of approximately ten (10) cubic yards of concrete rubble that was greater than eight(8) inches in diameter and had exposed rebar, as well as a waste pond. The site appeared to be a baseyard. The issues associated with the waste pond and the release of raw sewage, and the leaking automotive vehicles from construction equipment were referred to the DOH-Wastewater Branch and the DOH-Hazardous Waste Section, respectively. As the property owner and/or operator,you have the responsibility to properly manage and dispose of accumulated solid wastes. This responsibility is stated in the Hawaii Administrative Rules, Title 11, Chapter 58.1, which provides: (a) The aesthetic, nonhazardous, and sanitary storage of solid waste is the responsibility of the person owning, operating, or managing the property, premises, business establishment, or industry where the solid waste is accumulated. (b) Any person owning, operating, or managing a property, premise, business establishment, or industry has the responsibility of removing accumulated solid waste to an approved solid waste disposal facility. Contractual or other arrangements for the removal of accumulated solid waste shall not relieve a person of this primary responsibility as stated above. Solid waste shall be removed to an approved solid waste disposal facility, prior to creating a nuisance condition or , health or safety hazard. Mr. Daniel Bolton June 24, 2011 Page 2 Please correct the above-mentioned areas of noncompliance and provide documentation of your corrective actions to the DOH-SWS as outlined below. Corrective actions shall include: 1. Immediately cease and desist accumulating additional solid waste. 2. Remove all solid waste from the property within thirty (30) calendar days of your receipt of this letter. All solid waste removed from the property shall be taken to DOH- permitted disposal or recycling facilities. 3. Submit copies of disposal receipts to the DOH-SWS. Any deficiencies, which may be noted in this letter, are not necessarily inclusive, and any omissions shall not be construed as a determination of compliance with any applicable laws. Also, any omission to cite other violations is not intended to nor shall be binding upon the DOH. Please mail a response within thirty(30) calendar days of your receipt of this letter to: Steven Y.K. Chang, P.E., Chief Solid and Hazardous Waste Branch Department of Health 919 Ala Moana Boulevard, Room 212 Honolulu, Hawaii 96814 Should you have any questions regarding this letter, please call Mr. Todd Nichols of our Solid Waste Section at(808) 586-4226. Sincerely, STEVEN Y.K. AqG, PSolid and Haz rdoch c: Horace Yanagi, County of Hawaii, Planning Department DOH-Wastewater Branch DOH-Hazardous Waste Section WEST HAWAII SANITARY LANDFILL COUNTY OF HAWAII—DEPT OF ENVIRONMENTAL MANAGEMENT SOLID WASTE DIVISION 25 AUPUNI STREET RM. 214, HILO, HI 96720 PHONE (808) 961 — 8339 Ticket# 376433 Time In 13:46 Time Out 13:46 Date 47/07/11 Customer 1201 BOLTON, INC. Gross 47340 lb 73-4174 HULIKOA DR Tare 25980 lb KAILUA—KONA, HI ass:msans¢ama�mxmmss 96740 329-8240 Net 21360 lb Truck Id 14GHDK Net Tns 10 . 68 License # 146HOK Misc Charges $ 0.00 Owner BOLTON INC Total Due $ 907.80 Driver Product Id 1 CHARGE Description COMMERCIAL Cost/Ton 85 .00 J Cost/Item 0.00 Desc CONST & DEMOLN ver Comment ei mas er 4 Jul. 8. 2011 2:51 PM Pacific Waste, Inc. No. 2175 P. 1 Padficftste Kciv!o ny I-Wwa11.Qeauti(yl PHONE: 808-326-4911 FAX: 808-326-1250 74-5610 ALAPA STREET KAILUA - KONA HAWAII 96740 DATE: ��1� Off, �u 11ridQa TO: @ g4g v�u 114-1 FROM: p61r624M6 @ PACIFIC WASTE RE' �— - 14 I i; I AY Q e 0"On me . Urn nn # OF PAGES INCLUDING COVER SHEET: �' Jul. 8. 2011 2:51PM Pacific Waste, Inc. No, 2175 P. 2 ONO 4*w 110440 6,4., WEST HAWAII SANITARY LANDFILL dxs�y COUNTY OF HAWAII-DEPT OF ENVIRONMENTAL MANAGEMENT SOLID WASTE DIVISION 25 AUPUNI STREET RM. 214. HILO. HI 96720 PHONE ; (808) 961 — 8339 Ticket* 376462 Time In 09:06 Time Out 09:31 Date 47/08/11 Customer 6391 PACIFIC WASTE Gross 38700 lb 74-6610 ALAPA ST Tare 26460 lb KAXLUA--KONA. HI RCIFiiF. Fr.ZiS7Civl7q®1q�Rigy=A 96740 Net 1Q240 lb 326-4911 Truck Id 498 Not Tne 5.12 License # 715NDN Misc Charges 0.00 owner PACIFIC WASTE Total bus 435.20 Driver Product Id 1 CHARGE Description COMMERCIAL Cost/Tan 86.00 Mise No 0 /§ Oesc OTHER RUBBISH r er Cost/Item 0. 00 Comment "wed mas er '"'" May 9, 2016 County of Hawaii Department of Planning 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 RE: Subject: Special Permit(SPP-000188) Complaint: Base yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Products for Commercial Use and a Security Dwelling TMK: 7-5-017:044 Dear Director: This letter is for the purpose of clarification in regards to a few aspects of our permit request. We have submitted a list of various types of equipment along with a range of quantity. Our intention is not to store for long periods of time all of these pieces at once. The intent of the list was to show the various types that could possibly be within the permit areas at any given time during the course of equipment being moved from one job site to another or parked overnight when not in use during the construction of the flood channel. I would also like to address the purpose of the two separate designated areas requested in the application. These are the only areas that are currently outside of the identified flood zone. The areas represent the most extreme and restrictive use of these areas based on multiple flood maps that are still in the FEMA official recognition process. As the flood channel improvement progresses, the new slopes will encroach into the Area 1 designation to a point that Area 1 will be made smaller. Relocation to Area 2 will become necessary.When relocation does become necessary a new grading permit will need to be applied for as Area 2 is undisturbed land and somewhat sloped as to be in need of leveling. Sincerely, Daniel B. Bolton Bolton, Inc. DB:cal Domian, Jesse From: Mb IInT h, Norman Moe <normanmoe@icloud.com> Sent: Friday, May 06, 2016 2:00 PM ;'U^f , ;!-NT To: Planning Internet Mail - �� F-itiNlAil Subject: Opposition to BOLTON,INC.application, Special Permit#SPP 16-000188 Hello Leeward Planning Commission. We write to strongly oppose the application by Bolton, Inc. to install the full-scale rock crushing operation near Queen Kaahumanu Highway and Hualalai Road near Kailua Kona. We live in a nice quiet, child safe community..Pualani Estates ..well known as a family friendly area. An operation involving rock crushing will be very NOISY, and will generate lots of DUST and an increase in TRAFFIC in the area. NOT GOOD. The impact of all this on our life style, and also effect on Lower Property Values in the area,is intolerable. Please register our opposition,(and also many neighbors,) and do NOT allow the permit to proceed or be issued. Thank You, Norman and Marion Moe 75-6166 Ho-omama Street, Kailua Kona, Phone-808-430-7667 Planning Dept. MAY - 6 2016 1 & RBolton-SPP 16-188 Jwd 05-09-16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION BOLTON,INC. SPECIAL PERMIT APPLICATION NO. 16-000188(SPP 16-000188) Upon review of the request against the guidelines for granting a Special Permit,the Planning Director recommends that the request to allow a baseyard/staging yard for equipment, storage of materials, stockpiling and crushing of natural materials for commercial use, and a security dwelling on a 9.23-acre portion of 23.738 acres of land in the State Land Use Agricultural District be approved by the Planning Commission with a 5-year time limit for the life of the permit. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This approval recommendation is based on the following findings: The applicant is requesting a Special Permit to allow for a baseyard/staging yard for equipment, storage of materials, stockpiling and crushing of natural materials for commercial use, and a security dwelling situated on a 9.23-acre portion of a 23.738-acre property situated within the State Land Use Agricultural District. The 9.23-acre permit area will consist of two distinct areas; one area consisting of approximately 7.1 acres (mauka) and another consisting of approximately 1.88 acres(makai). Currently, only the 1.8-acre area is available to be used for the baseyard and staging area. As the applicant needs more area and/or begins work on flood channelization project for the upper (mauka)portion of the property,they will begin using the 7-acre area. The applicant is requesting the following activities: A) Baseyard/ stag area: The baseyard/staging area will be used to process, reclaim, organize for reuse,repurpose or disposal of miscellaneous equipment,materials and farm related materials. The yard will be used as a holding area for items reserved for future use. Various types of equipment and activity related tools including,but not limited to, forklifts, farm tractors, tandem trucks,hoisting equipment, etc. will deed to be EXHIBIT 25 onsite for aforementioned activities as support equipment. Equipment and materials stored on parcel 31 will be moved to parcel 44 as well. B) Commercial excavation: As defined by Hawaii County Code Chapter 25 (Zoning Code) Section 25- 1- 5(b),it"means any excavation or removal of natural materials for profit which is not related to or not occasioned by an impending development of the site of such excavation." Practices include but are not limited to acts such as depositing,placing,pushing, crushing, dumping,pulling,transporting, or moving to a new location any soil, sand, gravel,rock or other similar material. Aforementioned materials from said practices may enter into commerce outside of this TMK boundary at some future time or may be stockpiled until a need arise. C) Security dwelling: The applicant is requesting a temporary dwelling for an onsite security person, 24 hours/7 days a week. There has been past issues with illegal dumping and theft. The objective of the request is to bring the existing baseyard operations into compliance with a Warning Letter issued by the Planning Department by cleaning up the parcel(s) from years of miscellaneous equipment, saved materials, obsolete farm related materials and/or equipment that has accumulated. Additionally, the permit will allow the applicant to process, export and sell the excess aggregate from the flood channel improvement project on Parcel 31 &44. Lastly, the applicant is requesting to allow a temporary dwelling for security purposes because of previous incidents of theft and dumping. Bolton, Inc. owns different types of construction equipment and several pieces of equipment may be stored on-site at any given time. Some of the equipment will be used for the flood channelization project and some will be stored temporarily during times of transition from one project to another. The miscellaneous material stored on-site include lumber,pre-fabricated Forms, tile, stone and scrap metals. The days and hours of operation are proposed from Monday through Friday, 7:00 a.m. to 5:00 p.m., with the exception of the security person. The employee and clientele 2 levels will vary. It is estimated that there could be 10- 20 truckloads per day, which could be several trucks or just one truck coming 10 times in a day. Bolton Inc.'s daily operations are conducted at their main office located in the Kohanaiki Industrial Area at 73-4174 Hulikoa Drive in Kailua-Kona. All employees are dispatched from the main office location. Employees performing work at the Special Permit site would most likely be less than 6 individuals at any one time. Currently, Bolton, Inc.has an active grading permit and two active stockpile permits that have been issued by the Department of Public Works relating to the flood channelization project that stretches across parcels 31 &44. A part of this request will involve the selling, stockpiling or transporting of the excess materials removed from the flood channel project. According to the Department of Public Works,the permitted flood plain alterations are apparently driving the submittal of this application. The floodplain is currently disturbed on adjacent parcel 31. The un-stabilized condition is an unacceptable erosion hazard. To the extent this permit will facilitate the timely completion of the permitted alterations, DPW supports the applicant's request and the expedient processing of this Special Permit. The proposed future plans of the applicant is to subdivide the subject property into smaller agricultural lots once the flood channelization improvements are completed. The Planning Director is recommending that the Planning Commission approve the permit with a 5-year life rather than allowing it to continue without placing a time condition. The 5-year time condition would require the applicant to come back to the Planning Commission and report on the status of the overall clean-up progress and progress of the flood channel project. It allows the Planning Commission an opportunity to review the applicant's compliance with conditions and to check on the status of the flood channelization project. The criteria for approving a Special Permit are based on Rule 6-6 in the Planning Commission Rules. Rule 6-7 states that the Planning Commission shall not approve a Special Permit unless it is found that the proposed use(a)is an unusual and reasonable use of land situated within the Agricultural or Rural District, whichever the case may be; 3 and(b) the proposed use would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. The proposed use is an unusual and reasonable use of land situated within the Agricultural District. In recognizing that lands within agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts,the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural district. Based on the poor soil conditions of the project site for agricultural activities and the large area of the property situated within Flood Zone AE and X(Shaded),the proposed request is considered an unusual and reasonable use of agricultural land in this location within the State Land Use Agricultural District. The granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. The State Land Use Law and Regulations are intended to preserve,protect and encourage the development of lands for those uses to which they are best suited in the interest of the public welfare of the people of the State of Hawaii. In the case of the Agricultural District,the intent is to preserve or keep lands of high agricultural potential in agricultural use. Soils on the project site are identified as Punalu`u extremely rocky peat, 6 to 20 percent slopes (rPYD). The soils on the project site are classified as "D"or"Poor"by the Land Study Bureau's Overall Master Productivity Rating and unclassified by the Department of Agriculture's ALISH (Agricultural Lands of Importance to the State of Hawaii)Map. As the property is currently not in active agricultural use,the use will not displace any existing agricultural activity. Additionally, large portions of the property are located within Flood Zone AE and X(Shaded),which limits uses within these areas of the property. Therefore,the proposed use will not adversely affect the preservation and agricultural use of the County's prime agricultural lands, and is not contrary to the objectives sought to be accomplished by the State Land Use Law andRegulations. In addition to the above listed criteria, the Planning Commission shall also consider the criteria listed under Section 6-3(b)(5) (A) through(G). In considering the 4 criteria,the Planning Director recommends the following: (A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The request is considered an unusual and reasonable use of agricultural land and the proposed use will not adversely affect the preservation and agricultural use of the County's prime agricultural lands, which is not contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. (B) The desired use would not adversely affect surrounding properties. Lands located immediately to the north and east of the subject property are zoned A-1 a while lands located immediately to the south and west are zoned A-5a and RS-10. These lands are mainly vacant of structures and uses. The applicant owns the adjoining parcel to the west, which has a Special Permit to allow to the establishment of a coffee visitor center containing a coffee house,historical farm museum, orientation rooms, and a public spa; a building containing a general store and a coffee roasting and processing mill; a parking lot, and related improvements. Additionally, the applicant has ownership interest in parcels to the north across Hualalai Road from the subject property. There are several residential subdivisions in the area, which include Pualani Estates to the south, Hualalai Colony to the north across Hualalai Road, and Kona Hillcrest Subdivision across Queen Ka`ahumanu Highway from the subject property. These subdivisions are located over 500 feet from the subject property. These residential subdivisions are further buffered from this proposed baseyard by larger agricultural properties. The nearest residence is approximately 600 feet to the northwest. These buffers that currently exist will help minimize any visual and noise impacts that may be generated by the request of the baseyard and commercial excavation. Additionally, the applicant has a current Community Noise Permit(No. 15-016) for construction activities on parcel 44, which is valid until August 31, 2016. Special restrictions and conditions associated with the permit state that the use of the Komatsu PC400 with hammer,jaw crusher, and impact crusher with genset shall be limited to 9:00 a.m. to 5:30 p.m., Monday through Friday. 5 It is estimated that there could be 10-20 truckloads per day, which could be several trucks or just one truck coming 10 times in a day. Additionally, employees performing work at the Special Permit site would most likely be less than 6 at any one time. The traffic impacts anticipated by the proposed request do not warrant the need for a traffic study as they are well under the threshold of 50 peak hour trips. The applicant will be required to conform to Chapter 22, Street and Sidewalks,of the Hawaii County Code for the driveway connection to Hualai Road, and will be required to meet ASSHTO guidelines for sight distance. Additionally,the applicant will be required to provide improvements to Hualalai Road if required by the Department of Public Works during the life of the permit. The applicant has been using the property for a number of years as a baseyard/storage area for equipment and materials for a construction business and farming activities off-site. The Planning Department recently received a complaint, and after conducting a site inspection, issued a Warning Letter to the applicant. The applicant is working on coming into compliance with the Warning Letter by cleaning up the parcel from years of miscellaneous equipment, saved materials, obsolete farm related materials that has accumulated on the subject property. As mentioned,the Planning Director is recommending that the Planning Commission approve the permit with a 5-year life rather than allowing it to continue without placing a time condition. The 5-year time condition would require the applicant to come back to the Planning Commission and report on the status of the overall clean-up progress and progress of the flood channel project. It allows the Planning Commission an opportunity to review the applicant's compliance with conditions and to check on the status of the flood channelization project. Based on the above,it is anticipated that the proposed request will not adversely affect surrounding properties. (C) Such use shall not unreasonably burden public agencies to provide roads and streets, sewers,water,drainage, school improvements, and police and fire protection. Access to the subject property is from Hualalai Road,which is a two-lane paved County collector road that has a pavement width ranging from 18 to 20 feet within 6 a variable right-of-way width. The speed limit is 25 miles per hour on Hualalai Road and is sufficient to accommodate any traffic impacts generated by the proposed request. As mentioned previously,the applicant will be required to conform to Chapter 22, Street and Sidewalks, of the Hawaii County Code for the driveway connection to Hualai Road, and will be required to meet ASSHTO guidelines for sight distance. Additionally, the applicant will be required to provide improvements to Hualalai Road if required by the Department of Public Works during the life of the permit. Water can be made available from an 8-inch waterline located along Hualalai Road fronting the subject property. The applicant will be required to comply with the requirements of the Department of Health for individual wastewater systems. Currently, there is a portable toilet on-site. Construction and/or demolition waste is currently handled by commercial haulers. According to the Flood Insurance Rate Map(FIRM),portions of the property lie within Flood Zone X, which are areas determined to be outside the 500-year flood plain. Other areas of the property are located within Flood Zone AE, which are areas within the 100-year flood plain where base flood elevations have been determined, and within Flood Zone X(Shaded),which are areas within the 500-year flood or 100-year flood with average depths of less than 1 foot. The applicant is proposing to do flood channelization improvements on the subject property as well as on parcel 31. The FIRM makes note of two natural drainage ways,referred to as Wai`aha Drainage way Split flow# 1 and Wai`aha Drainage way Split flow#2. The current floodway improvement development is for Split flow#1. According to the Department of Public Works, the permitted flood plain alterations are apparently driving the submittal of this application. The floodplain is currently disturbed on adjacent parcel 31. The un-stabilized condition is an unacceptable erosion hazard. To the extent this permit will facilitate the timely completion of the permitted alterations, DPW supports the applicant's request and the expedient processing of it. Lastly, a condition of approval also will be added requiring the applicant to provide water for dust mitigation. All other services are available to the project site. Based on the above,the proposed request is not anticipated to unreasonably burden 7 public agencies to provide roads and streets, sewers, water,drainage, school improvements, and police and fire protection. (D) Unusual conditions,trends,and needs have arisen since district boundaries and regulations were established. In the 1960's and 1970'x,the State's agricultural district boundaries and regulations were established and subsequently amended pursuant to HRS Chapter 205. The State Land Use Commission was created in 1961, and interim regulations and temporary district boundaries became effective in 1962. Subsequently,the regulations and Land Use District Boundaries became effective in August of 1964. The properties and surrounding areas are designated for agricultural uses by both State and County land use laws. Through the issuance of a Special Permit, a community may establish various "non-agricultural"services that may not be available or allowed by zoning for its residents. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. Soils for the project site are classified as "D"or "Poor"by the Land Study Bureau's Overall Master Productivity Rating and is unclassified by the Department of Agriculture's ALISH Map. Additionally,the U.S. Soil Survey identifies the soil type for the subject property as Punalu`u extremely rocky peat, 6 to 20 percent slopes(rPYD),which is mainly used for pasture. Additionally, a large part of the property is within Flood Zone AE and Flood Zone X(Shaded), which is susceptible to flooding in these areas. Kona is widely known for its coffee farming. A Course of Action for North and South Kona in the Land Use-Agriculture element of the General Plan is to"Protect important agricultural lands within the Kona Coffee Belt from urban encroachment through the use of zoning and other mechanisms." The Kona Coffee Belt runs along North and South Kona from Kaloko to Ho`okena between the 700-foot to 2,500-foot elevations. The subject property is located at approximately the 400-foot elevation area and is not identified as important agricultural lands. Thus, approval of this request will not conflict with this course of action for North Kona. 8 Based on the above information,it has been determined that the land upon which the proposed use is being requested is not considered productive and would, therefore, not preclude its use for purposes other than agricultural uses. (F) The use will not substantially alter or change the essential character of the land and the present use. The present use of the subject property is partially for the storage of equipment and material. The objective of the request is clean up the parcel from years of miscellaneous equipment, saved materials, obsolete farm related materials that has accumulated and to export and sell excess aggregate from the flood channel project. The applicant will keep some equipment on site for the flood channel project as well as some equipment that is in transition from different jobsites. The proposed request will utilize a 9.23-acre portion of a 23.738-acre property. The present character of the immediate area is mainly vacant land with scattered agricultural uses and dwellings. The requested use will change the character of the land,but the change will not be substantial. Therefore,based on the above the discussion,the proposed use will alter or change the essential character of the land and its present use. (G) The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. The Land Use Pattern Allocation Guide(LUPAG)Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The General Plan LUPAG Map designation for the subject property is Urban Expansion,which allows for a mix of high density,medium density, low density,industrial,industrial-commercial and/or open designations in areas where new settlements may be desirable,but where the specific settlement pattern and mix of uses have not yet been determined . The Urban Expansion designation allows the greatest flexibility under the LUPAG map designations, which allows a mix of density options, including industrial types of uses. Currently, there is an excess of raw materials that are anticipated to be excavated from the flood channelization project. For this reason,while industrial in character,this 9 operation is not located within an Industrial-designated area. The Special Permit will allow the applicant to process the excess raw materials from the flood channelization project so they can be removed,reused or sold. According to the Kona Community Development Plan,the project site is within the Kona Urban Area, and is located within the area targeted for the Pua`a-Waiaha Village Neighborhood TOD and the Kahului-Puapua`a Village Neighborhood TOD. The Plan discusses the issues of flooding in North Kona and states that"the FIRM floodplains and the planned flow ways may serve as open space amenities, such as linear parks and/or greenbelts between urbanized areas." In the future,the subject property may be requesting a change of zoning and/or a subdivision at which time the floodplains affecting this property may be designated for open space or a greenbelt between urbanized areas. In recognizing the overall problems with flooding in Kona,the plan calls for a stormwater management program tailored to Kona to evolve through a public education and training phase,voluntary incentives, and the ultimate development of Stormwater Management Guidelines that will regulate development and establish standards for public projects. Based on the above, the proposed request is not contrary to the General Plan and- the Kona Community Development Plan. The request is consistent with the objectives and policies as provided by Chapter 205A,HRS,and Special Management Area guidelines contained in Rule No.9 of the Planning Commission Rules of Practice and Procedure. The project site is not proximate to the shoreline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources,historic resources,public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Although there were no professional flora or fauna surveys conducted of the site, it is not anticipated that endangered or threatened candidate species of flora or fauna are located on the subject property as it is overgrown with non-native grasses, elephant grass, shrubs 10 and scattered kiawe trees. Additionally, fauna on site include mongoose, feral cats and feral pigs. The Department of Land and Natural Resources-State Historic Preservation Division(DLNR-SHPD)has issued several"no-effect"letters as part of the review for the flood channel grading and stockpiling permits for the subject property as well as the adjoining property to the west. Presently,there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have an adverse impact on cultural or historical resources in the area. To the extent to which traditional and customary native Hawaiian rights are exercised,the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. A condition of approval will be included to require the applicant to notify the DLNR-SHPD should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance form the DLNR-SHPD. Lastly, this approval is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the approved use,prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits,the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above considerations,the approval of the request would support the objectives sought to be accomplished by the Land Use Law and Regulations. Approval of this request is subject to the following conditions: 1. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. 11 2. This Special.Permit shall be valid for a period of five(5) years from the effective date of the permit, or its completion or abandonment,whichever occurs first. 3. The applicant shall submit estimated maximum daily water calculations,prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations shall include,but not be limited to, the estimated maximum daily water demand for all domestic and non-domestic water uses, such as irrigation and dust control. Upon receipt of the estimated average daily water usage calculations,the applicant shall construct any necessary water system improvements that may be required to support the approved use. 4. Project activities shall be limited to the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, excluding activity directly related to security operations. 5. All driveway connections to Hualalai Road shall conform to Chapter 22, County Streets, of the Hawaii County Code. All sight distances shall meet ASSHTO guidelines. 6. The applicant shall provide improvements to Hualalai Road if required by the Department of Public Works throughout the life of the permit. 7. All earthwork and grading activity shall conform to Chapter 10,Erosion and Sediment Control of the Hawaii County Code. 8. Any new construction, substantial improvements or land alterations within the composite floodplain boundaries of the regulatory maps are subject to the requirements of Chapter 27—Flood Control of the Hawaii County Code. 9. Adequate dust control mitigation measures shall be implemented for the duration of the operation in accordance with Department of Health requirements. The applicant shall provide on-site water to be used for dust control 10. Should any remains of historic sites, such as rock walls,terraces,platforms,marine shell concentrations or human burials,be encountered, work in the immediate area shall cease and the DLNR-HPD shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. 12 11. Upon termination of the baseyard operations, the dwelling used for security purposes shall immediately be converted to a farm dwelling, as defined in Section 205-4.5 of the Hawai`i Revised Statutes or immediately removed from the premises. 12. Upon termination of the baseyard operations or its abandonment, appropriate documentation demonstrating the removal of all equipment and materials shall be submitted to the Planning Department for review and approval within 90 days from the date of termination and/or abandonment. A site inspection will be required by the Planning Department to confirm the removal and compliance with this condition. 13. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements, including the State Department of Health and the Department of Public Works. 14. An initial extension of time for the performance of conditions within the permit,with the exception of Condition No. 2,may be granted by the Planning Director upon the following circumstances: A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns,and that are not the result or their fault or negligence. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. C. Granting of the time extension would not be contrary to the original reasons for granting of the permit. D. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). E. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission for appropriate action. 15. Should any of the conditions not be met or substantially complied with in a timely fashion,the Director shall initiate procedures to revoke the permit. 13 Domian, Jesse From: starjetl@twc.com Sent: Tuesday, May 10,201611:53 AM To: Planning Internet Mail Subject: Bolton,Inc.Special Permit Application#SSP16-000188 Leeward Planning Commission, I'm a resident of Pualani Estates at Kona,and my residence is close to the location where you are considering to allow Bolton, Inc.to have their operation involving a full-scale rock crushing operation which is going to require various heavy equipment operations.Along with the truck and additional employee traffic adding to the already congested area,you are telling us we are going to have to put up with all of the noise,dust, pollution that is going to be produce by this operation right next to our homes. I can't even begin to understand why you would even consider this permit considering it is located next to and in the middle of a residential area.At the same time this operation is going to impact this whole residential areas property value not mentioning the effect it is going to have on the quality of life In the surrounding area. I would like for the members of this commission to think about how you would like your family to live next to this type of operation day in and day out,or how you would like sitting in your yard/house having to listen to the noise and breathe the dust filled air.You need to realize the impact this is going to have on the community that you are supposed to be representing. Sincerely, Charles H.Smith,Jr. 75—6148 Hoomama St. Kailua Kona, HI 96740 808-640-1976 Starjetl@twc.com 105264 1 EXHIBIT 26 Domian, Jesse �1RY AIS l� From: Louise Thaell <floridaljt@aol.com> Sent: Tuesday, May 10, 2016 6:09 PM i�F,"'flTMENT To: planning@co.hawaii.hi.us. `%ul%I`!— 0I= HAWAII Subject: Bolton,Inc.,Special Permit Application#SPP16-000188 To Whom It May Concern: I am 4 year resident of Pualani Estates and a 35 year long resident of Kona, I strongly object to any type of full scale rock crushing business located this close to a residential area.lt will bring heavy congestion, pollution, noise and hazards with heavy equipment in and this close to our neighborhood. It will also impact our home values most negatively..) personally suffer from allergies and one of the main reasons that I bought my home in this community is for its central location to my doctors and the quiet area. I am also disabled and value my quiet time spent mainly in my home. I do not want this quarry of sorts to be anywhere near my home, contaminating the area for myself my Grandchildren. I will do whatever it takes to oppose this measure as a citizen and tax payer! I implore you to consider locating this business in a much more suitable are for the good of all..Thank you. Louise Thaell floridaljt@aol.com 10527? 1 EXHIBIT 27 Dacayanan, Melissa ?016 f7AY _17 om I u� From: jeffaprice@hawaii.rr.com 0 . DEI-"',RTNENT Sent: Tuesday, May 10, 201611:36 PM %�ui�NT}, Ui HAVI/gll To: Planning Internet Mail Subject Leeward Planning Comm_Bolton Inc., permit request-#SPP 16-000188 Attachments: Leeward Planning Commission Letter.docx To: Leeward Planning Commission, Please see the attached letter in regards to the special permit application by Bolton Incorporated. 105286 1 EXHIBIT 28 To: Leeward Planning Commission From:Jeff and Laurie Price Date 5/11/16 Subject: Bolton Inc., Special Permit Application -#SPP16-000188 As long term residents in Pualani Estates,we are writing to express our concern with Bolton Inc.,a local contractor who has submitted a request for a special permit to use a parcel of land located near the Pualani Estates community. Our understanding is that this parcel would be used as a base yard and staging area for equipment, storage of materials,stockpiling and crushing of natural materials for commercial use. We are very concerned that this type of business activity,(see below),will have a significant impact on the quality of life we currently have in this community and may have an influence on future property value. 1. Additional road congestion 2. Local pollution and dust 3. Noise generated by full scale rock crushing 4. Various heavy equipment and trucks frequently entering and exiting property Please be advised that we contest this request from Bolton Inc.,and stand strong with our community and board of directors in asking that the planning commission not approve this application request. Sincerely, Jeff and Laurie Price 75-671 Lalii PI Kailua Kona, Hi 96740 808-557-7280 Dacayanan, Melissa From: Dacayanan, Melissa Sent: Thursday, May 12, 2016 10:45 AM To: Christy Logan (logan@boltoninc.com); Dan Bolton (dan@boltoninc.com) Cc: Darrow,Jeff,Arai,Daryn Subject: 05/12/16 Email Christy Logan B/R Bolton Inc(SPP 16-188) Attachments: PD BACKGROUND REPORT.pdf; PD RECOMMENDATION REPORT.pdf Good morning, Attached is a copy of the Background/Recommendation reports for the Bolton Inc(SPP 16-188) application. A hardcopy if forthcoming via US mail. Should you have any questions, please contact Jeff at 961-8158. Thank you. M eu'.y� Daea ya W*v Count o f ptant"I Dep"'Wnt tot pauaki Street,Suitt Mo.3 #ito,OxWxii %770 pkmv (8198) W-8ffb Fwn: (BOY) 46f-879-Z eanf.4•McLitisw Data uaMa�+@ gov '4Fawai'i Count is an equal v�ortunit�»vVia(er gn.a(pn�to+/ef" 1 EXHIBIT 29 Dacayanan, Melissa From: Dacayanan, Melissa Sent: Thursday, May 12, 2016 4:27 PM To: Christy Logan (logan@boltoninc.com); Dan Bolton (dan@boltoninc.com) cc: Darrow,Jeff,Arai, Daryn Subject: Petition for Standing in a Contested Case Hearing -The Community Associations of Hualalai Attachments: COR-16-105315.pdf Good afternoon, Attached is a Petition for Standing in a Contested Case Hearing received from the Community Associations of Hualalai. Should you have any questions, please contact Jeff at 961-8158. Thank you. M�U�ya Dacaya,v�.a,w 101'PaUafii Strut,Shite VO-4 "P,O waii 46ZL0 Pkvfm 0808) W-0-b Fax: 000 W-8742 email•Mali ssa%Dacaaaa.r<as+.@ .gov- "�awai'i Cac+nts�is an e�s+at vp yertwnit�prvvir{er anr�e�,y,lo yer" 1 EXHIBIT 30 PETITION FOR STANDING IN A CONTESITED CASE HEARING (Page l of 2) NAME: The Community Associations ojC':ivaliiai'.+ 2' ADDRESS: 75-5751 Kuakini Highway , Suite 201 a1 ua-Kona, Hawaii 96740 PHONENO.:- 329-1385 APPLICANT/ BOLTON, INC. S Ib DOCKET NO.: A. Is your interest in this matter clearly distinguishable from that of the general public? Yes X No If the answer is "yes", please explain: The members of the Association are representative organiza- ions cons�s ing o owners orrest ences an resp en is lots in subdivisions that are located in the vicinit of the Project -Site. See Attachment "1 . " If the answer is "no", please explain how the proposed action will nevertheless cause you actual or threatened injury: B. Are you a government agency whose jurisdiction includes the land involved in the subject request? Yes No X If the answer is "yes", please explain the nature of the agency's jurisdiction: C. Do you lawfully reside on or have some property interest in the land involved in the subject request? Yes No X If the answer is "yes", please explain: See Attachment Appcndix A EXHIBIT 31 PETITION FOR STANDING IN A CONTESTED CASE HEARING (Page 2 of 2) D. Are you a person or persons descended from native Hawaiians who inhabited the Hawaiian Islands prior to 1778, who practiced those rights which were customarily and traditionally exercised for subsistence, cultural, or religious purposes? Yes No If the answer is "yes", please submit any genealogical evidence and historical evidence showing the exercise of those rights to support your statement: etif ones Signature STATE OF HAWAII } } SS. COUNTY OF HAWAII ) On this f' ~ day of , 20 r'�, before me personally appeared �T G , to de known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Notary Public, State of Hawaii Doe. Date: # Paps:A I)t t TMcAa7- * MICHAEL J. MATS KAWA Name: Michael J. Mat k w -Third ircutMy coin missiWOMP1 � '26/I _tiutilll 1rr»11,DoC. Description ■ A ��NNO N- a' MAT �i �\\� E4 M ������i -fit • � i Notary Signature - - Date NO.85-129 :n = - 1V0.aS,12.9 ;A • = = cn NOTARY CERTIFICATIO ' u'• '•'O 0 F�111 p, ``\`` OrF r DH y P\\1\\ _ - DATE 5-12-go(6 NoVZ/8 O L RECEIVED FROM M'ClIU� M'd<V KIY�- I I%t i etc �Ct CSI hyak,' ' }}µ� :Si,.Qoi, kg'1vi- DOLLARS Q OR RKNTEORp F rrtitK: 1 7-S-c��� b44"crxo ACCOUNT Q CASH' 4N3 01CHECKrFROM TO PAYMENT � ) MONEY ORDER BAL DUE OCRRSR ATTACHMENT 111" RE : SPP 16-000188 BOLTON, INC. (APPLICANT) TMX (3) 7-5-017-44 Petition. of The Community Associations of Hualalai for Standing in a Contested Case A. Background The Petitioner, The Community Associations of Hualalai, is a non--profit association consisting of four community associa- tions that represent and act for the interest of owners of residences and residential lots in four subdivisions that are located in the near vicinity of the Project Site : Heights at Hualalai Pualani Estates Hualalai Colony Kona Orchards as well as an entity (Uluwehi Properties LLC) that has interest in the ownership and use of residential properties that are located in the near vicinity of the Project Site called: Sugar Cane Lane The members of each of the four community associations and entity own residences or residential lots within each of the described residential subdivisions (see attached map, properties outlined in black) . The Petitioner was formally organized on May 11, 2016 . Its President is Jeffrey M. Citron (a resident of Hualalai Colony) and its Vice President , Secretary and Treasurer is Joel Cooperson (a resident of Heights at Hualalai) . The Petitioner acts in a representative capacity for the four community associations and their respective members who own residences or residential lots in the four subdivisions and for the entity (Uluwehi Properties LLC) that has an interest in the ownership of residential properties, all of which are located in the near vicinity of the Project Site . B. Rule 4-6 (b) Statement Qf Interggt The Petitioner in this proceeding represents the collec- tive interests of four residential associations (and their respec- tive members) and the entity (Uluwehi Properties LLC) . The Petitioner' s interest, as well as that of the property owners who it represents , is as follows : 1 . The represented property owners own residential properties that are located in the near vicinity of the Project Site (see map attached) . 2 . The represented property owners enjoy the protection of the General Plan Ordinance OS-25 , Land Use Element, Part 14 that , at Page 14-33 , characterizes an industrial use as an "offensive and noxious" use and that, at Page 14-39 , Action 14 . 4 . 5 . 7 . 2 , should be "in harmony with surrounding uses and the environment" and should be placed in "appropriate locations . "" Further, major factors for consideration, at Page 14-39, are the 2 "visual effects" of an industrial use from "Queen Kaahumanu Highway" and "residential areas . " Compliance with the General Plan is a decision criterion for a Special Permit under Planning Commissions Rule 6- 3 (b) (5) (G) . 3 . The represented property owners also enjoy the protection of the Kona Community Development Plan Ordinance 08-131, Policy LU-2 . 3 , that, at Pages 4-41 to 4-42 and Figure 4-7, designates the Project site for transient oriented development . Industrial development is inconsistent with this preferred use. Compliance with the Kona Community Development Plan is a decision crite- rion for a special Permit. under Planning Commission Rule 6-3 (b) (5) (G) . 4 . The represented property owners also face injury or threatened injury to their properties and to their individual interests due to adverse effects that may arise from the proposed development, it permitted, such as : Noise Dust Negative Aesthetic Effects Negative Effect on Nearby Neighborhoods Diminished Property Values Increased Traffic of Project Vehicles on Hualalai Road 3 Planning Commission Rule 6 governing special. Permits extend the protection of law to the represented property owners whose interests may be adversely affected by the proposed develop- ment . C. Law on Standing The Hawaii Supreme Court has rendered many decisions on "standing. " In County of Hawaii v. Ala Loop Homeowners, 123 Haw. 391, 406-422 (2010) , the court discussed an association of owners, standing as well as its right to enforce environmental laws set forth in zoning statutes . As to "standing, " the court reaffirmed prior cases where neighboring landowners who lived " in very close proximity" to a proposed project site were found to have "standing" to object to a proposed development _ And in Sierra Cluby. Department of Transportation, 115 Haw. 299 , 318-335 (2007) ( "Super Ferry" ) , the court again discussed "standing" in environmental cases and recognized an "injury in fact" as well as an injury to "aesthetic and environmental well- being" as constituting bona fide reasons to confer "standing" on a complaining party. This "standing" also extends to an organization consisting of members who themselves have standing on their own, called "group standing. " The court specifically recognized the following interests that, if harmed or threatened, confer "standing" : increased traffic, effect on the quality of life, diminished property values, impact on air quality, nuisance, possible physical injury from permitted operations , noise, pollu- tion and effect on the residential character of a neighborhood. 4 Finally, Article XI, Section 9 of the Hawaii State Constitution gives all residents "the right to a clean and healthful environment" and the standing to "enforce this right . . . through legal proceedings . " In County of Hawaii v. Ala Loo Homeowners, the Hawaii Supreme Court held that property owners have "standing" to enforce zoning laws as a matter of state constitutional law. D. conclusion The four community associations represent property owners who have sufficient interests at stake to give them standing. The entity (Uluwehi Properties LLC) also has sufficient interests at stake to give it and its members, standing. Collectively, all of the four associations and entity have "group standing" and are collectively represented by the Petitioner . If it is granted standing, the Petitioner will also be able to assist the Planning Commission in developing a proper record in this proceeding and, further, will help make the proceed- ing more efficient by having many interested property owners and associations represented by a single representative . DATED : Kailua-Kona, Hawaii, May 12 , 2016 . _)6�_rC4,co� MICHAEL J. MATSUKAWA Attorney for Petitioner 051116 .3\cocperso\attach.1 5 ,r- `� *'111 �'w•1 ,••• �� y tJ t� � 5 t ! •, • 1 v as � + � M��M� r"��+ �� �_J �� + •, . ..1 111 i '� a / �+al •M� r* lie N Op R• i� .� +�ok : : �� ■ ,; , y eta•'♦ a ���_.r•��r_I�'� ' , •�► ► .��' •,."•■■. ,fit •s •• •' • f��. �� f jig �� � �� as� / •1 _ _ � i - fid 1j aki� MOP aZr Hawaii County Assessor 750170440000 Name: BOLTONDANIEL B Land Value Site: • Land Exemption Sale: 111 • + . ! - Taxable Land Value • r :r :•: Building Value 1 • 1:•: Mail: Building Exemption 1 Taxable Bldg.Value 1 Total Taxable Value 1111 / .MFWTnI • . Volume 1 : Mapping the Future Kona Community Development Plan 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-2.1: Village Types Defined•—Transit-Oriented Developments (TODs) vs. Traditional Neighborhood Developments (TNDs). Both TODs and TNDs are compact mixed-use villages, characterized by a village center within a higher-density urban core, KONA CDP 4-39 CHAPTER 4 GOALS, OBJECTIVES, LAND USE POLICIES, AND ACTIONS roughly equivalent to a 5-minute walking radius (114 mile), surrounded by a secondary mixed- use, mixed-density area with an outer boundary roughly equivalent to a 10-minute walking radius from the village center (112 mile). The distinction between a TOD and TND is that the approximate location of a TOD is currently designated on the Official Kona Land Use Map (Figure 4-7) along the trunk or secondary transit route and contains a transit station, while TND locations have not been designated and may be located off of the trunk or secondary transit route at a location approved by a rezoning action. Action LU-2.1a: Amends Chapter 25 Zoning Code to define TODs and TNDs (Enacted by plan). Action LU-2.1b: Conduct public workshop to educate community, including landowners, developers, and the public about TODITND Villages (PD, R&D, DC, 1-2). Action LU-2.1c: Work with landowners, through the Design Center to encourage proposals consistent with Village Design Guidelines (PD, on-going). Policy LU-2.2: TODITND Components. The components of a TODITND include Urban Core, Secondary Core, and Greenbelt. A TODITND contains a higher density urban core surrounded by a lower density secondary area. A greenbelt will, in turn, surround and define the outer edge of the secondary area. (Enacted by plan) 1. Urban Care: To control the scale and intensity URFRAN C;DHL of development within the urban core of a SECONDARY TODITND, there shall be two types of urban AREA GREENBELT cores: a. Regional Center. Regional centers are intended for mixed use and higher- density residential, retail, commercial, employment, and/or regional one-of-a- TOD COMPONENTS kind facilities, such as major civic, medical, education, and entertainment facilities. Regional centers shall be designed around a Commercial Center, which is the focus for the Village and designed to encourage pedestrian activity. b Neighborhood Village. Neighborhood Village Core Areas are intended for predominately residential, public/civic uses, or small-scale neighborhood-oriented commercial uses. The Core's commercial uses are of a small scale and are intended to serve the needs of the Village residents. Neighborhood Village Core Areas shall be designed around a Neighborhood Center. Land uses include recreational space, small-scale public/civic uses, neighborhood oriented retail uses, and mixed-use. 4.40 KONA CDP CHAPTER 4 GOALS, OBJECTIVES, POLICIES, AND ACTIONS LA No UsE 2, Secondary Area, TODs/TNDs may be surrounded by more auto-oriented, lower-density areas called "Secondary Areas." The Secondary Areas are within a half-mile of the TOD/TND urban core. These Secondary Areas take advantage of the services within the Urban Core through an interconnected street system with easy access to transit by foot, bike or car. Secondary Areas will be primarily comprised of standard single-family and multi-family neighborhoods. These areas may also provide more land-extensive uses that serve TOD/TND residents, such as schools and community parks. Because of their proximity to the Urban Core, Secondary Areas are ideal for bicycle travel. 3. Greenbelt. The Greenbelt is an undeveloped area surrounding the Secondary Area. The Greenbelt is a strategic planning tool to prevent urban sprawl by keeping land permanently open. The purpose of the Greenbelt is to prevent urban sprawl of the TODs/TNDs, prevent neighboring towns from merging into one another, and to preserve the setting and the character of the TODs/TNDs. The Greenbelt may also serve multi-purpose uses, such as for drainage (e.g., flow ways or retention basins), sensitive resource preserves or wildfire protection buffers. Policy LU-2.3: TODs Identified. To control the spacing of transit stations in support of Policy TRAM-1.2, TOD floating zones, identifying the general location of TOD, shall be limited to the following, as shown on the Official Kona Land Use Map (see Figure 4-7): 1. University Village (Regional Center). The goal is to use the university as a catalyst for complementary commercial opportunities surrounding the campus and to attract students, faculty, and staff to live on or near campus. The university would hopefully be a center for cultural and performing arts, life-long learning, innovation, and workforce development that would benefit the broader community. 2. Kalaoa Village (Neighborhood) 3. Kaloko Makai Village (Neighborhood) 4. Honokbhau Village (Regional Center). The County Civic Center shall be one part of a centralized government service center with surrounding complementary office and retail. The area would serve as an appropriate location for a regional park that would include active recreation facilities and a multi-purpose auditorium. 6. Keahuolu Village (Neighborhood) 6. Makaeo Village (Regional Center). A major retail center is planned near the Old Airport Park. As a mixed use village, the plan is to introduce residential uses into the mix, design a complementary relationship to the Old Airport Park, and to integrate a transit hub or major park and ride facility for commuters (primarily resort workers). 7. Kailua Village Redevelopment (Regional Center) In recognition of the importance of Kailua Village as the cultural, retail and visitor core of the Kona District, redevelopment KoNA CDP 4-41 CHAPTER 4 GOALS, OBJECTIVES, LAND USE POLICIES, AND ACTIONS of the area shall be a high priority, The majority of Kona's urban affordable housing is located close to the Village Center, but much of this housing is in poor condition. The availability of infrastructure in the Village offers the opportunity to provide new, high density affordable housing for the resident workforce. Redevelopment plans shall consider the following: location of a transit hub, enhanced pedestrian-oriented improvements along Ali'i Drive, centralized public parking strategically located in relation to shuttle routes, and village design guidelines. 8. Pua`a—Wai`aha Village (Neighborhood) 9. Kahului— Puapua`a Village (Neighborhood) 10. Kahalu`u Makai Village (Neighborhood) Action LU-2.3a: Amends Chapter 25 Zoning Code to define TODs and TNDs (Enacted by plan). Action LU-2.3b: Initiate redevelopment plan for Kailua Village. Consider the establishment of redevelopment authority, pursuant to HRS Chapter 53 (Urban Renewal). Partner with the Kailua Village Business Improvement District program in preparing the re-development plan (PD, KVDC, KVBID, 3-5). ME R rt�Q�Y41 ,V OWL z 4, 1T'J. s- y Rr l o- � M _ r ;,�•ice."� ♦�}t�_ft* WWI, z a A3T INI LOOP AL. -- x`NA, ♦ __ NAS j _ $" vim" _ f rr - r A-� A1flrtA _ m r I\\N 4t N&OR S: tiq M��A�A SI drl4 flN5 51 r n - t. - - i -Vi i MHU!ST Legend Proposed Roads,Classification*Proposed Transit Line* r- -CDP. ■CDP,Local 1111 Trunk —CDR collector,major Secondary ==CDP,collector,minorIa _ Gx Transit Hub" G nLunHo - -GP,arterial op GP,collector,major Transit Station' q yr s GP,collector,minor Pedestrian-Bike Paths(CDP)" TOD Type C_-I Neighborhood s r r o „s TYPE -Ailf_3 Regional Center ` Lane Q Kona Urban Area` } „y Path QRural Town TODs` - Path-s —Existing Roadway �-Ped-sw t: Ped-trail =�Shared .:... Shoulder * Policy Layerka ��` 0 900 1,800 3,600 - Feet - u� 1 inch equals 2,000 feet -= f Source: County of Hawaii 4- The County of Hawaii Planning --- Department is the repository of the official map. . Kona Community Development Nan Figure 4-2d nffirial Tranrnnrtatinn NPtwnrk Mar) -Nasi Kailua Area Dacayanan, Melissa From: Arai, Daryn AM 9 2 Sent: Friday, May 13, 2016 10:42 AM ENT To: Kanuha, Duane; Brilhante,William t. ;ii 'fv r Jr i 1/'w'fil Cc: Patel,Danny,Carvalho,Emarie;Hirayama,Emily,Darrow,Jeff; Dacayanan, Melissa;Sauer, Noriko Subject: FW:Bolton Inc.- Petition for CC Attachments: SKM_C364e16051216180.pdf; SKM_C364e16051216480.pdf Good morning,gentlemen. Additional clarifying material related to the Bolton Special Permit Petition for Intervention that will be discussed at next week's Leeward PC meeting in Kona. Daryn Daryn Arai Planning Program Manager County of Hawaii Planning Department Aupuni Center 101 Pauahi Street,Suite No.3 Hilo, Hawaii 96720 Phone: (808)961-8142 Fax: (808)961-8742 email: Daryn.Arai@hawakounty.gov "Howoi'i County is on equal opportunity provider and employer" From: michael [mailto:kapulu@msn.com] Sent:Thursday, May 12,2016 5:05 PM To:Arai, Daryn <Daryn.Arai@hawaiicounty.gov> Subject: Bolton Inc.-Petition for CC Aloha: Attached is the filed copy of a petition for standing and a separate letter. In preparing the petition, I forgot to describe Jeff Citron's title. He is the President of the petitioning entity. Please call me if you have questions. Procedurally, with the Sunshine Law, I assume whoever is there gets to speak and the commission will at some time act on the petition for standing (at the end of the public testimony?). See you or your staff next week. Thanks. Michael J. Matsukawa 75-5751 Kuakini Highway Kailua-Kona, Hawaii 96740 Telephone (808) 329-1385 10 5 3 3 G 1 EXHIBIT 32 MICHAEL J. MATSUKAWA _ E�� ATTORNEY AT LAWL,.I VT TERRITORIAL CENTRE, SUITE 201 75-5751 KUAKINI HIGHWAY KAILUA-KONA.HI 96740 TELEPHONE NO. 18081 329-1385 FAX NO. 18081329-0512 E-MAIL kapLJU@ffW.C= May 12, 2016 Planning Department County of Hawaii 101 Pauahi Street Hilo, Hawaii 96720 Re: Leeward Planning Commission BOLTON, INC. , SPP 16-188 TMK (3) 7-5-17 : 44 Hearing: May 19, 2016 Greetings : This letter is in regard to the Petition for Standing that was filed today by The Community Associations of Hualalai . I helped to prepare the petition and note that I did not describe the title of the person (Jeffrey M. Citron) who signed the petition. Mr. Citron is President of the Petitioner, which is an entity called The Community Associations of Hualalai . Please make this a part of the record. Thank you. Yours truly, Michael J. Matsukawa 14533E PETI'T'ION FOR STANDING IN A UONTEyTED k kSE HEARING t 11,1ge I of 21 The ComnuniI �• Assoc•iati(Ms „l, Ilualalai NAME: — - - - - - - - ADDRESS: 75-5751 Kuakini itighwity , Su i tv 201 -a-Rcrnrr , iawa i 79 t3 - -- PHONE NO.: 3213-13835 - - �- -- �, _ -- - - +3 APPLICANT/ - DOCKET N[?.: BOLTON , INC. A Is your interest in this matter clearly distinguishable tram that of the general public? Yes x No if tile answer is "yes" please explain. Thc= rr�r�rnhc�r� of t.hr.- A-,sov i at i.on arty re°tarc.•�F. n I.at.i vr� nr ;.tn i ru- �i eiilti— c rsn n ; o rawrlF•rw o rem t rTrrsc r•x tint rr,til zTi�n�:3:i1 lat.5 in �:ttha iv i�icati� that art, _1oo-,1te-ti i.n [.he vi c in 't tJ} ci i" the PI-OCC I, '$l t F'. �SF•r• Attarhrrviii; "I . " - - —� If the answer is"no", please explain how the proposed action wiII neverlheless cause you actual or threatened injury. Ii Are you a government agency whose jurisdiction includes file land involved in the subject request" Yes _— No - X If the answer is "yes", please explain the nat+ire oft Ile agency's jurisdiction C Do you lawfully reside on or have some property interest in the land involved in lire subject request' Yes No - x - if lite answer is "yes". please explain 5r•� At i ,tc•}tirtc•rt t. "t . " - _ _-- - Apixudik A PETITION FDR STANDING 1N A U0N'PESU.D ('ASI: IIEARING (Page 2 4) D Are►nu a person or persons descended from native IIa%%;rirans Nlrir inhabited the HallaIian Islands prior to 1778. %v ho practiced Ihose riL,hts w hicIt were customarily and traditiunally exercised for Alb'sistence, cultural. or religWLIs purlx0srs' Yes No It'tile answer is "yes", please submit any genealoy,I cal e%idence and historical evidence showin-,the exercise of those tights ro suppo rt your slatsnlent -@ L��� tit let's Stinami c e S'PAT'E:UI. HAWAII i y tis C'UI INTY fN: HANVAII 1 011 this I'' day of 20 A. before me notionally appeared to 7e known tat lie the person descr ihed Its and %-.ho executed the Ioregolng, instrtunent, and acknowledged that he executed the same as his free act and dreal Notar\ Public, State of Iiawaii r- A t �> MICHAEL I MATS KAWA J, N1.11kau - lhira ii.ui' 11N c•tmImI-.%SjglRium lll* ri tflllllltit� Doc. Dc+cri )tion- f'r'h7! ra"�A .�.\• hey/11 ',.Zt �•• f-��- SIG .��,y.•• F. Notary 5ibrraturC DateNP0,G5 12g _ _ tVO• g, 9 ;r NOTARY CERTIFICATION :��uditi'� .. .G •ti � �• �'I.r 1C. ATTACHMENT "1" RE: SPP 16-000188 BOLTON, INC. (APPLICANT) TMK (3) 7-5-017-44 Petition of The Community Associations of Hualalai for Standing in a_ Contested Case A. Background The Petitioner, The Community Associations of Hualalai, is a non-profit association consisting of four community associa- tions that rept,esent and act for the interest of owners of residences and residential lots in four subdivisions that are located in the near vicinity of the Project Site : Heights at Hualalai Pualani Estates Hualalai Colony Kona Orchards as well as an entity (Uluwehi Properties LLC) that has interest in the ownership and use of residential properties that are located in they near vicinity of the Project Site. called: Sugar Cane Lane The members of each of the four community associations and entity own residences or residential lots within each of the described residential subdivisions (see attached map, properties outlined in blank) . ,rhe Petitioner was formally organized on May 11, 2016 . Its President is Jeffrey M. Citron (a resident of Hualalai Colony) and its Vice President , Secretary and Treasurer is Joel Cooperson (a resident. of Heights at Hualalai) . The Petitioner acts in a representative capacity for the four community associations and their respective members who own residences or residential lots in the four subdivisions and for the enLits,, (Uluwehi Properties LLC) that. has an interest: in the ownership of residential properties, all of which are located in the near vicinity of the Project Site. R. Rule 4-6 (b) _Statement_of Interest The Petit icnrer in this proceeding represents t.lie collec- tive interests of four residential associations (and thein respec . Live members) and the entity (Uluwehi Properties LLC) . rhe Petitioner' s interest , as well as that of the property owners who it represents, is as follows : i . The represented property owners town residential properties that are located in the near vicinity of the Project Site (see map attached) . 2 . The represented property owners enjoy the protection of the General Plan ordinance 05-25, Land Use Element, Part 14 that , at Page 14 33 , characterizes an industrial. use as an "offensive and noxious" use and that, at Page 14-39, Action 14 .4 . 5 .7 . 2, should be "in harmony with surrounding uses and the environment" and should be placed in "appropriate locations . " Further, major factors for consideration, at Page 14- 39, are the 2 "visual effects" of an industrial use from "Queen Kaahumanu Highway" and "residential areas . " Compliance with the General Plan is a decision criterion for a Special Permit under Planning Commission Rule 6- 3 . The. represented property owners also enjoy the protection of the Kona Community Development Plan Ordinance 08-131, Policy LU-2 . 3 , that, at Pages 4-41 to 4 -42 and Figure 4 - 7, designates the Project Site for transient oriented development . Industrial development is inconsistent with this preferred use . Compliance with the Kona Community Development Plan is a decision crite- rion for a Special Permit under Planning Commission Rule 6 -3 (b) (S) (G) . 4 . The represented property owners also face injury or threatened injury to their properties and to their individual interests due to adverse effects that may arise from the proposed development, if permitted, such as : Noise Dust Negative Aesthetic Effects Negative Effect on Nearby Neighborhoods Diminished Property Values Increased Traffic of Project. Vehicles on Hualalai Road 3 Planning Commission Rule 6 governing Special Permits extend the protection of law to the represented property owners whose interests may he adversely affected by the proposed develop- merit, evelop-merit: . C. Law on Standing The Hawaii Supreme Court has rendered many decisions on "standing. " In County_ of_ Nawaii v..-Ala Loop,.Homeowners, 123 Haw. 391, 406-422 (2010) , the court discussed an association of owners, standing as well as its right to enforce environmental laws set forth in zoning statutes . As to "standing, " the court reaffirmed prior cases where neighboring landowners who .lived " in very close proximity" to a proposed project site were found to have "standing" Co object Co a proposed development . And in Sierra club v.. Department of Transportation, 115 Maw. 299, 318-335 (2007) ( "Super Ferry" ) , the court again discussed "standing" in environmental cases and recognized an "injury in tact" as well as an injury to "aesthetic and environmental well- being" as constituting bona fide reasons to confer "standing" on a complaining party. This "standing" also extends to an organizaCion consisting of members who themselves have standing on their own, called "group standing. " The court specifically recognized the following interests that, if harmed or threatened, confer "standing" : increased traffic, effect on the quality of life, diminished property values, impact on air quality, nuisance, possible physical injury from permitted operations, noise, pollu- tion and effect on the residential character of a neighborhood. 4 Finally, Article XI, Section 9 of the Hawaii State Constitution gives all residents "the right to a clean and healthful environment" and the standing to "enforce this right . . . through legalproceedings . " In County of Hawaii V. Ala Loop Nome owners, t-he Hawaii Supreme Court held that property owners have "standing" to enforce zoning laws as a matter of state constitutional law_ D. conclusion The four community associations represent property owners who have sufficient interests at stake to give them standing. The entity (Uluwehi Properties LLC) also has sufficient interests at stake to give it and its members, standing. Collectively, all of the four associations and entity have "group standing" and are collectively represented by the Petitioner.. if it is granted standing, the Petitioner will also be able to assist the Planning Commission in developing a proper record in this proceeding arid, further, will help make the proceed- ing more efficient by having many interested property owners and associations represented by a single representative . DATED: Kailua-Kona, Hawaii, May 12, 2016 . MICHAEL J. MATSUKAWA Attorney for Petitioner 0!'1116. 3\(,oO pr1T.,;(A:attach 1 5 :` `-� Lin �- �:•',. U IL r r G 2015+ Parcel Sales U 2014 Parcel Sales 2013 Parcel Sales 0 23M 46M ON 9204 ft ► + —]-—e Hawaii County ■ Parcel 7 501 7044 0000 Acres-23 738 BOLTONDANIEL B8400 HLIALALAI ROAD 0 Ha,wau $1600000 on 2013-12-15 Reason=4 Oualh10000 -- P O BOX 898 = 0 KAILLIA KONA,HI 96745-0898 0 'Hawaii County makes every effort to produce the most accurate information possible No warranties,expressed or Implied,are provided for the data herein.its use or Interpretation The assessment information Is horn the last certified laxroll All data is subject to change betore the next certified taxioII The'parcels'layer is intended to be used fni v soar purposes only and should not be used for boundary i nterpretat ton s or other spatial analysts beyond the limitations of the data The'parcets data layer does not contain metes and bounds described accuracy lherefore,please use caulion when WIMP,gthisdeta t ayingrthrs-layer wrm otherdata Layers that may rmt I,ave ted-"n-Iayer as a base may nut prvdume precise resutts n"and imagery data will not overlay exactly Cate oitnted 175112x15 15 13 48 Volume 1: Mapping the Future Kona Community Development Plan 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-2.1: Village Types Defined—Transit-Oriented Developments (TODs) vs. Traditional Neighborhood Developments (TNDs). Both TODs and TNDs are compact mixed-use villages, characterized by a village center within a higher-density urban core, 4-39 KoNA CLY' CHA1-'TFR 4 GOALS. 0f3.fEC r1 U"F.S. LAND USE POI I[:IFS. AW)AC"ONS roughly equivalent to a 5-minute walking radius (1 A mile), surrounded by a secondary mixed- use, mixed-density area with an outer boundary roughfy equivalent to a 10-minute walking radius from the village center (112 miler The distinction between a TOD and TND is that the approximate location of a TDD is currently designated on the Official Kona Land Use Map (Figure 4-7) along the trunk or secondary transit route and contains a transit station, while TND locations have not been designated and may be located off of the trunk or secondary transit route at a location approved by a rezoning action. Action LU-2.1a: Amends Chapter 25 Zoning Code to define TODs and TNDs (Enacted by plan). Action LU-2.1b: Conduct public workshop to educate community, including landowners, developers, and the public about TODITND Villages (PD, R&D, DC, 1-2) Action LU-2.1c: Work with landowners, through the Design Center to encourage proposals consistent with Village Design Guidelines (PD, on-going). Policy LU-2.2: TODITND Components The components of a TODITND include Urban Core, Secondary Core. and Greenbelt. A TODITND contains a hrgher density urban core surrounded by a tower density secondary area. A greenbelt will, in turn, surround and define the outer edge of the secondary area. (Enacted by plan) 1. Urban Core. To control the scale and intensity of development within the urban core of a TODITND, there shall be two types of urban cores a Regional Center Regional centers are intended for mixed use and higher- density residential. retail, commercial, employment, andlor regional one-of-a- TOD COMPONENTS kind facilities, such as major civic. medical. education, and entertainment facilities- Regional centers shall be designed around a Commercial Center, which is the focus for the Village and designed to encourage pedestrian activity. b Neighborhood Village Neighborhood Village Core Areas are intended for predominately residential, public/civic uses, or small-scale neighborhood-oriented commercial uses. The Core's commercial uses are of a small scale and are intended to serve the needs of the Village residents Neighborhood Village Core Areas shall be designed around a Neighborhood Center. Land uses include recreational space. small-scale public/civic uses. neighborhood oriented retail uses. and mixed-use .1 1:' KoIvA CDP Cl lAhrf r,,4 G0AI s. OR_lf_C'rlVF�':. POl /C/FS. ANoAC7/UNS LANG) USE 2. Secondary Area. TODs/TNDs may be surrounded by more auto-oriented, lower-density areas called "Secondary Areas." The Secondary Areas are within a half-mile of the TOD/TND urban core. These Secondary Areas take advantage of the services within the Urban Core through an interconnected street system with easy access to transit by foot, bike or car. Secondary Areas will be primarily comprised of standard single-family and multi-family neighborhoods. These areas may also provide more land-extensive uses that serve TOD/TND residents, such as schools and community parks. Because of their proximity to the Urban Core, Secondary Areas are ideal for bicycle travel. 3 Greenbelt. The Greenbelt is an undeveloped area surrounding the Secondary Area, The Greenbelt is a strategic planning tool to prevent urban sprawl by keeping land permanently open. The purpose of the Greenbelt is to prevent urban sprawl of the TODs1TNDs, prevent neighboring towns from merging into one another, and to preserve the setting and the character of the TODs/TNDs. The Greenbelt may also serve multi-purpose uses, such as for drainage (e.g., flow ways or retention basins), sensitive resource preserves or wildfire protection buffers. Policy LU-2.3: TODs Identified. To control the spacing of transit stations in support of Policy TRAN-1.2, TOD floating zones, identifying the general location of TOD, shall be limited to the following, as shown on the Official Kona Land Use Map(see Figure 4-7).- 1. -7):1. University Village (Regional Center). The goal is to use the university as a catalyst for complementary commercial opportunities surrounding the campus and to attract students, faculty, and staff to live on or near campus. The university would hopefully be a center for cultural and performing arts, life-long learning, innovation, and workforce development that would benefit the broader community. 2. Kalaoa Village(Neighborhood) 3. Kaloko Makai Village(Neighborhood) 4. Honokohau Village (Regional Center). The County Civic Center shall be one part of a centralized government service center with surrounding complementary office and retail. The area would serve as an appropriate location for a regional park that would include active recreation facilities and a multi-purpose auditorium. 5. Keahuolu Village(Neighborhood) 6. Makaeo Village (Regional Center). A major retail center is planned near the Old Airport Park. As a mixed use village, the plan is to introduce residential uses into the mix, design a complementary relationship to the Old Airport Park, and to integrate a transit hub or major park and ride facility for commuters (primarily resort workers). 7. Kailua Village Redevelopment (Regional Center) In recognition of the importance of Kailua Village as the cultural, retail and visitor core of the Kona District, redevelopment Kr�lvA COP)P 4-4 1 CHAPTER 4 GOALS. OBJECTIVES. POLJC'LF_.S, AND ACTIONS LAND USE of the area shall be a high priority. The majority of Kona's urban affordable housing is located close to the Village Center, but much of this housing is in poor condition. The availability of infrastructure in the Village offers the opportunity to provide new, high density affordable housing for the resident workforce. Redevelopment plans shall consider the following: location of a transit hub, enhanced pedestrian-oriented improvements along Ali'i Drive, centralized public parking strategically located in relation to shuttle routes, and village design guidelines. 8. Pua`a—Wai`aha Village(Neighborhood) 9. Kahului—Puapua`a Village (Neighborhood) 10. Kahalu`u Makai Village(Neighborhood) Action LU-2.3a: Amends Chapter 25 Zoning Code to define TODs and TNDs(Enacted by plan). Action LU-2.3b: Initiate redevelopment plan for Kailua Village. Consider the establishment of redevelopment authority, pursuant to HRS Chapter 53 (Urban Renewal). Partner with the Kailua Village Business Improvement District program in preparing the re-development plan (PD, KVDC,KVBID,3.5). �� iia■ '� zF'yY;•=:�5'_�� �•�f� bL' Kallua ` . �� Biu•,�;.1���;��� Keauhou i �'��• jam: r ■ It 'JIP., Aw C ,VN' o'1_ Kp1It.v i1•. Yr0.JR V PF.1 wr Kl}, O4 - .1W L OF m T *a.40. 1 a r.4 Legend Proposed Roads.Classification'Proposed Transil Line' + i - -coy.Luc.al EMTn,rtk t CDP,collector.major Set wxlar v WI [;<aF',CgtleGtUr rmnGr a Srao-A $ t Nut, ,rw c A r41) GP,Wtleclor,major Trarmrl Staltun' �►� i GP cx)ltoctur.motor s4 Pedes Iria n-8ike Paths(C DPI• Too Type �, r� �' TYPE f ie;ghbpr txxxl y' r s; k x Regonal Cantee h` ■ t T Lerner ©Ilona Urban Area' + Palls 1MR,ual town TOD,' •Pans-s Parr!-hart r r ()! Shared Stxtulder - `� r � L ' Poticy Layer " r u r 3 r n Q W)() 1.80U 3,60?0 Feet •r.ra�" 1 inch equals 2.000 tees r _ Source. County of Hawaii The County of Hawaii Planning Department is the repository of { tF• the official map- � - Kona Community Development kiai) Figure 4-2d nffiriA Trangnnrtatinn NP#wnrk Mar) -Nasi Kallua Area Arai, Daryn .0 13 From•• michael <kapulu@msn.�com> Sent: Thursday May 12 2016 5:05 PM �iI NT;,IENT To: Arai, Daryn • COUi;T Y O� HAV%/,-�l1 • Subject: Bolton Inc.-Petition for CC Attachments: SKM C364e16051216180.pdf;SKM C364e16051216480.pdf Aloha: Attached is the filed copy of a petition for standing and a separate letter. In preparing the petition, I forgot to describe Jeff Citron's title. He is the President of the petitioning entity. Please call me if you have questions. Procedurally,with the Sunshine Law, I assume whoever is there gets to speak and the commission will at some time act on the petition for standing(at the end of the public testimony?). See you or your staff next week. Thanks. Michael J. Matsukawa 75-5751 Kuakini Highway Kailua-Kona, Hawaii 96740 Telephone(808) 329-1385 1 C:uuiQiT QQ 716 [IRV 19 14 ?i DrT!,flIAENT MICHAEL J. MATSLIKAWA � . •j� uF I-AINAI ATTORNEY AT LAW TERRITORIAL CENTRE.SUITE 201 75-5751 KUAKINI HIGHWAY KAILUA-KONA.HI 96740 TELEPHONE NO.18081 329-1385 FAX NO.18081 329-0512 E-MAIL kflpl!!u®aW CO n May 12, 2016 Planning Department County of Hawaii 101 Pauahi Street Hilo, Hawaii 96720 Re: Leeward Planning Commission BOLTON, INC. , SPP 16-188 TMK (3) 7-5-17: 44 Hearing: May 19, 2016 Greetings: This letter is in regard to the Petition for Standing that was filed today by The Community Associations of Hualalai. I helped to prepare the petition and note that I did not describe the title of the person (Jeffrey M. Citron) who signed the petition. Mr. Citron is President of the Petitioner, which is an entity called The Community Associations of Hualalai. Please make this a part of the record. Thank you. Yours truly, Michael J. Matsukawa PETITION FOR STANDING IN A CONTESTEII<'"W'A ARiI a rU � y (Page 1 of 2) I 1 7,:. ..-^.�1 ,_, ,-- i�t�, �<<�i1��.,, . �F,i PnENT NAME: The Community Associations of Huala�a��%l�' Y OF 'HAWAII ADDRESS: 75-5751 Kuakini Highway, Suite 201 ai ua- ona, await 6740 PHONE NO.: 329-1385 APPLICANT/ BOLTON, INC.DOCKETNO.: A. Is your interest in this matter clearly distinguishable from that of the general public? Yes X No If the answer is "yes",please explain: The members of the Association are representative organiza- tions consisting of owners ol resictences and rest en is lots in subdivisions that are located in the vicinity of the Project Site. See Attachment 111." If the answer is "no!, please explain how the proposed action will nevertheless cause you actual or threatened injury: B. Are you a government agency whose jurisdiction includes the land involved in the subject request? Yes No X If the answer is "yes", please explain the nature of the agency's jurisdiction: C. Do you lawfully reside on or have some property interest in the land involved in the subject request? Yes No X If the answer is "yes",please explain: See Attachment 111. " Appendix A PETITION FOR STANDING INA CONTESTED CASE HEARING (Page 2 of 2) D. Are you a person or persons descended from native Hawaiians who inhabited the Hawaiian Islands prior to 1778, who practiced those rights which were customarily and traditionally exercised for subsistence, cultural,or religious purposes? Yes No If the answer is "yes",please submit any genealogical evidence and historical evidence showing the exercise of those rights to support your statement: etit'oner's Signature STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 20 fib, before me personally appeared %7e- gr.0 It. GrI1 , toe own to be the person described in and who executed the foregoing instrument,and acknowledged that he executed the same as his free act and deed. Public, State of Hawaii Doc. Date: # Pages:d P1w q �.q17' 6110 IAEl. J. MATS MWA Name:Michael J.mats -7 ird CCircm My commissi ilex j �f� Doc. Description• Ael J �eP, ;\\ Ii Illllll P Cie ��`��``P��"•J. NOTg9y'�G� ��•U, N07',q,9•.s'G Notary Signa-tumc v Date - NO. :D = _ 29 NO.8s129 NOTARY CER77FICA7I0Nu' c OF 140 v111 i////!1!1111111\\ 1,���lll11�IHIAIi0 ; ATTACHMENT "1" RE: SPP 16-000188 BOLTON, INC. (APPLICANT) TMK (3) 7-5-017-44 Petition of The Community Associations of Hualalai for Standing in a Contested Case A. Background The Petitioner, The Community Associations of Hualalai, is a non-profit association consisting of four community associa- tions that represent and act for the interest of owners of residences and residential lots in four subdivisions that are located in the near vicinity of the Project Site: Heights at Hualalai Pualani Estates Hualalai Colony Kona Orchards as well as an entity (Uluwehi Properties LLC) that has interest in the ownership and use of residential properties that are located in the near vicinity of the Project Site called: Sugar Cane Lane The members of each of the four community associations and entity own residences or residential lots within each of the described residential subdivisions (see attached map, properties outlined in black) . The Petitioner was formally organized on May 11, 2016. Its President is Jeffrey M. Citron (a resident of Hualalai Colony) and its Vice President, Secretary and Treasurer is Joel Cooperson (a resident of Heights at Hualalai) . The Petitioner acts in a representative capacity for the four community associations and their respective members who own residences or residential lots in the four subdivisions and for the entity (Uluwehi Properties LLC) that has an interest in the ownership of residential properties, all of which are located in the near vicinity of the Project Site. B. Rule 4-6 (b) Statement of Interest The Petitioner in this proceeding represents the collec- tive interests of four residential associations (and their respec- tive members) and the entity (Uluwehi Properties LLC) . The Petitioner's interest, as well as that of the property owners who it represents, is as follows: 1. The represented property owners own residential properties that are located in the near vicinity of the Project Site (see map attached) . 2. The represented property owners enjoy the protection of the General Plan Ordinance 05-25, Land Use Element, Part 14 that, at Page 14-33, characterizes an industrial use as an "offensive and noxious" use and that, at Page 14-39, Action 14 .4 .5.7.2, should be "in harmony with surrounding uses and the environment" and ; should be placed in "appropriate locations. " Further, major factors for consideration, at Page 14-39, are the 2 "visual effects" of an industrial use from "Queen Kaahumanu Highway" and "residential areas. " Compliance with the General Plan is a decision criterion for a Special Permit under Planning Commission Rule 6- 3 (b) (5) (G) . 3 . The represented property owners also enjoy the protection of the Kona Community Development Plan Ordinance 08-131, Policy LU-2.3, that, at Pages 4-41 to 4-42 and Figure 4-7, designates the Project Site for transient oriented development. Industrial development is inconsistent with this preferred use. Compliance with the Kona Community Development Plan is a decision crite- rion for a Special Permit under Planning Commission Rule 6-3 (b) (5) (G) . 4. The represented property owners also face injury or threatened injury to their properties and to their individual interests due to adverse effects that may arise from the proposed development, if permitted, such as: Noise Dust Negative Aesthetic Effects Negative Effect on Nearby Neighborhoods Diminished Property Values Increased Traffic of Project Vehicles on Hualalai Road 3 Planning Commission Rule 6 governing Special Permits extend the protection of law to the represented property owners whose interests may be adversely affected by the proposed develop- ment. C. Law on Standing The Hawaii Supreme Court has rendered many decisions on "standing. " In -County of Hawaii v AZa Qpp Home wners, 123 Haw. 391, 406-422 (2010) , the court discussed an association of owners, standing as well as its right to enforce environmental laws set forth in zoning statutes. As to "standing, " the court reaffirmed prior cases where neighboring landowners who lived "in very close proximity" to a proposed project site were found to have "standing" to object to a proposed development. And in Sierra Club v Department of Transportation, 115 Haw. 299, 318-335 (2007) ("Super Ferry") , the court again discussed "standing" in environmental cases and recognized an "injury in fact" as well as an injury to "aesthetic and environmental well- being" as constituting bona fide reasons to confer "standing" on a complaining party. This "standing" also extends to an organization consisting of members who themselves have standing on their own, called "group standing. " The court specifically recognized the following interests that, if harmed or threatened, confer "standing" : increased traffic, effect on the quality of life, diminished property values, impact on air quality, nuisance, Possible physical injury from permitted operations, noise, pollu- tion and effect on the residential character of a neighborhood. 4 Finally, Article XI, Section 9 of the Hawaii State Constitution gives all residents "the right to a clean and healthful environment" and the standing to "enforce this right . . . through legal proceedings. " In County of Hawaii v Ala Lo^p Homeowners, the Hawaii Supreme Court held that property owners have "standing" to enforce zoning laws as a matter of state constitutional law. D. COncluainn The four community associations represent property owners who have sufficient interests at stake to give them standing. The entity (Uluwehi Properties LLC) also has sufficient interests at stake to give it and its members, standing. Collectively, all of the four associations and entity have "group standing" and are collectively represented by the Petitioner. If it is granted standing, the Petitioner will also be able to assist the Planning Commission in developing a proper record in this proceeding and, further, will help make the proceed- ing more efficient by having many interested property owners and associations represented by a single representative. DATED: Kailua-Kona, Hawaii, May 12, 2016. 16;�"7 f6440�� MICHAEL J. MATSUKAWA Attorney for Petitioner 051116.3\cooperso\attach.1 5 � a v It .� owl lLlLa l -4 At 'r 7t�• Z ; 7 r * . . ©2015¢Parcel Sales ' Q 2014 Parcel Sales % ` - �.. ©2013 Parcel Sales 4 0 ~- t1 lM ft Hawaii County ASSeSsor Parcel: 750170440000 Acres.23.738 S¢y 80LTON,DA WEL 6 _ 842800 HUALALAI ROAD - • 0 $1600000 on 2013-12-15 Reason=4 Qua)= 10000 Ha+rtrii PDBox 838 ; 0 KA)LUA KONA,Hi 96745-0898 0 . . 0 'Hawaii County makes every effort to produce the most accurate information• - 10000 herein,its use or interpretation.The assessment information is from the last certifie�IetaxrnljNglyd Lass 100subj00 herein- ct 19 or impl�efare the eed�rt�hedata taxrail.The'parcels'layer is intended to be used for visual purposes only and shovid not he used for boundary interpreta trans or other spatial analysis beyond the lffnitatians of the data- The'parcels'data layer does not contain metes and bounds described acce,raCy!herefore,please use caution when imagery data wilt not overlay exactly Date printed. 05/12/16-15.13'48 Volume 1; Dapping the Future Kona Community Development Plan 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-2.11: Village Types Defined—Transit-Oriented Developments (TODs) vs, Traditional Neighborhood Developments (TNDs). Both TODs and TNDs are compact mixed-use villages, characterized by a village center within a higher-density urban core, KONA CDP 4-39 LAND IJSE CHAPTER 4 GOALS, OR-IE-CTIlIE.5. `�` PDLIGIES,ANDAcrIoN5 roughly equivalent to a 5-minute walking radius (114 mile), surrounded by a secondary mixed- use, mixed-density area with an outer boundary roughly equivalent to a 10-minute walking radius from the village center{112 mile). The distinction between a TOO and TND is that the approximate location of a TDD is currently designated on the Official Kona Land Use Map (Figure 4-7)along the trunk or secondary transit route and contains a transit station, while TND locations have not been designated and may be located off of the trunk or secondary transit route at a location approved by a rezoning action. Action LU-2.1a: Amends Chapter 25 Zoning Code to define TODs and TNDs (Enacted by plan). Action LU-2.1b: Conduct public workshop to educate community, including landowners, developers, and the public about TODITND Villages (PD, R&D, DC, 1.2), Action LU-2.1c: Work with landowners, through the Design Center to encourage proposals consistent with Village Design Guidelines(PD, on-going). Policy LU-2.2: TODITND Components. The components of a TODITND include Urban Core, Secondary Care, and Greenbelt. A TODITND contains a higher density urban core surrounded by a lower density secondary area. A greenbelt will, in turn, surround and define the outer edge of the secondary area. (Enacted by plan) 1. Urban Core: To control the scale and intensity of development within the urban core of a 49Ah CPRE TOO/TND, there shall be two types of urban S$COH]ARY or FRER cores: GREEWE1.r a. Regional Center. Regional centers are intended for mixed use and higher- density residential, retail, commercial, employment, andlor regional one-of-a- kind facilities, such as major civic, TQC COMPONENTS kind education, and entertainment facilities. Regional centers shall be designed around a Commercial Center. which is the focus for the Village and designed to encourage pedestrian activity. b. Neighborhood Village, Neighborhood Village Core Areas are intended for predominately residential, public/civic uses, or small-scale neighborhood-oriented commercial uses. The Core's commercial uses are of a small scale and are intended to serve the needs of the Village residents. Neighborhood Village Core Areas shall be designed around a Neighborhood Center. Land uses include recreational space, small-scale public/civic uses, neighborhood oriented retail uses, and mixed-use. 4-4Q fKONA CDP CHAPTER 4 GOAT_S 0t3JECTIVES . PO ICIES, AND ACTloN.s LAND USE- 2. SE2. Secondary Area. TODSITNDs may be surrounded by more auto-oriented, lower-density areas called "Secondary Areas." The Secondary Areas are within a half-mile of the TODITND urban core These Secondary Areas take advantage of the services within the Urban Core through an interconnected street system with easy access to transit by foot, bike or car. Secondary Areas will be primarily comprised of standard single-family and multi-family neighborhoods. These areas may also provide more land-extensive uses that serve TODITND residents, such as schools and community parks. Because of their proximity to the urban Core, Secondary Areas are ideal for bicycle travel. 3. Greenbelt. The Greenbelt is an undeveloped area surrounding the Secondary Area, The Greenbelt is a strategic planning tool to prevent urban sprawl by keeping land permanently open. The purpose of the Greenbelt is to prevent urban sprawl of the TODsITNDs, prevent neighboring towns from merging into one another, and to preserve the setting and the character of the TODsITNDs. The Greenbelt may also serve multi-purpose uses, such as for drainage (e.g., flow ways or retention basins), sensitive resource preserves or wildfire protection buffers. Policy LU-2.3: TODs Identified. To control the spacing of transit stations in support of policy IRAN-1.2, TDD floating zones, identifying the general location of TOD, shall be limited to the following, as shown on the official Kona!rand Use Map{see Figure 4-7): i. University Village (Regional Center). The goal is to use the university as a catalyst for complementary commercial opportunities surrounding the campus and to attract students; faculty, and staff to live on or near campus. The university would hopefully be a center for cultural and performing arts, life-long learning, innovation, and workforce development that would benefit the broader community. 2. Kalaoa Village(Neighborhood) 3. Kaloko Makai Village (Neighborhood) 4. Honok6hau Village (Regional Center). The County Civic Center shall be one part of a centralized government service center with surrounding complementary office and retail. The area would serve as an appropriate location for a regional pari[ that would include active recreation facilities and a multi-purpose auditorium. 5. Keahuofu Village(Neighborhood) 6. Makaeo Village (Regional Center). A major retail center is planned near the Ofd Airport Park. As a mixed use village, the plan is to introduce residential uses into the mix, design a complementary relationship to the Old Airport Park, and to integrate a transit hub or major park and ride facility for commuters(primarily resort workers) 7. Kailua Village Redevelopment (Regional Center) In recognition of the importance of Kailua Village as the cultural, retail and visitor core of the Kana District, redevelopment KONA CLIP 4-41 CHAPTER 4 GOALS, Q6JECT1 S of , LAND LJSE �a POLICIES, AND ACTIONS Of the area shall be a high priority. The majority of Kona's urban affordable housing is located close to the Village Center, but much of this housing is in poor condition. The availability of infrastructure in the Village offers the opportunity to provide new, high density affordable housing for the resident workforce. redevelopment plans shall consider the following: loc0on of a transit hub, enhanced pedestrian-oriented improvements along Alii Drive, centralized public parking strategically located in relation to shuttle routes, and village design guidelines. 6. Pua`a-Wai`aha Village(Neighborhood) 9. Kahului-Puapua`a Village (Neighborhood) 10. Kahalu`u Nfakai Village(Neighborhood) Action LU-2,32: Amends Chapter 25 Zoning Code to define TODs and TNDs (Enacted by plan). Action LU-2.3b, Initiate redevelopment plan for Kallua Village. Consider the establishment of redevelopment authority, pursuant to HRS Chapter 53 (Urban Renewal). Partner with the Kailua Village Business Improvement District program in preparing the redevelopment plan (PD, KVDC, KV81t7, 3-5). a ,� :n�5; �4��•s��r4ya Ilk i ��"LR7JF1l11Ira MA �_1��� �l^� loll ���1rt►[��iiAr'r�� /af��'aa �• �' ' IFA VIA l—, 44 74 ti �1 y 'e \ \ ��y ` ■ �.1 u C VI l Legend Proposed Roadt,Classhlcafion-Proposed Transit One' CDP.Locai OfX Trunk collector.CDP.collector,major Secondary CDP,WfectDr.minor Transit Hub' GP arteria a 4a Transit G P.collector.MMr `i I Pedestrian-B*e Paths ■ _ (CDP), ■ TYPE o•.Lane C�-Kona Urban Area Path Shared r'r! ._•. P � �, ..rte ayer •1 �Zl�i."s 1, 0 900 1,800 3.600- et eguals000 feet 1 •rte Source:The County of Hawaii - y ' ■-.. -rr rr • �i the official map. •Ar ►- .. ■ - " Arai, Daryn Mb 1119Y13 3 ?5 From: michael <kapulu@msn.com> _ Sent: Thursday, May 12,2016 5:05 PM ►'i-ANiNiii`!i; ice, i',",iT�!iENT To: Arai, Daryn ��Gt +i Y Oi= HAI VIdl Subject: Bolton Inc.-Petition for CC Attachments: SKM C364e16051216180.pdf,SKM C364e16051216480.pdf Aloha: Attached is the filed copy of a petition for standing and a separate letter. In preparing the petition, I forgot to describe Jeff Citron's title. He is the President of the petitioning entity. Please call me if you have questions. Procedurally, with the Sunshine Law, I assume whoever is there gets to speak and the commission will at some time act on the petition for standing(at the end of the public testimony?). See you or your staff next week. Thanks. Michael J. Matsukawa 75-5751 Kuakini Highway Kailua-Kona, Hawaii 96740 Telephone(808) 329-1385 4V 1 7016 MICHAEL J. MATSUKAWA ATTORNEY AT LAW PLANI'iINk . 1 1 ( ,RTMENT TERRITORIAL CENTRE. SUITE 201 COUNTY lir HAWAII 75-5751 KUAKINI HIGHWAY KAILUA-KONA.HI 96740 TELEPHONE NO. IBO81 329-1385 FAX NO. 18081 329-0512 E-MAIL kaNIAmn.=n May 12, 2016 Planning Department' County of Hawaii 101 Pauahi Street Hilo, Hawaii 96720 Re: Leeward Planning Commission BOLTON, INC. , SPP 16-188 TMK (3) 7-5-17 : 44 Hearing: May 19, 2016 Greetings: This letter is in 'regard to the Petition for Standing that was filed today by The Community Associations of Hualalai. I helped to prepare the petition and note that I did not describe the title of the person (Jeffrey M. Citron) who signed the petition. Mr. Citron is President of the Petitioner, which is an entity called The Community Associations of Hualalai. Please make this a part of the record. Thank you. Yours truly, Michael J. Matsukawa 105380 EXHIBIT 34 • 1J Dacayanan, Melissa From: Dacayanan, Melissa Sent: Monday, May 16, 2016 10:14 AM To: Christy Logan (logan@boltoninc.com); Dan Bolton (dan@boltoninc.com) cc: Darrow,Jeff,Arai, Daryn Subject: 05/16/16 Email to C. Logan/D. Bolton Additional Information from Michael Matsukawa Esq- Attachments: COR-16-105336.pdf Good morning, Attached is additional information received regarding the application for Bolton, Inc., (SPP 16-188). Should you have any questions, please contact Jeff at 961-8158. Thank you. evuntl o f"Aw"i,pianni"I Dcparh"nt lot paHaki Strut,SHite No.3 *Filo,0AWA4i Wzo pkme: (YOF)W-MI FAor. (808) 461-874-Z e�nA-il•Mol.issa%Dacauara.�.@k,aNwa.i.icowwfy.gow "�A tVA�.•1�iOHnt y 13 A�equA.t P�JYT�'Lt1L1t1'tlr0{�1�Cf'A3LI���Tw 1 EXHIBIT 35 20116 NAY i 1-8-5d. Lot 17 ilgua�KO�ria,RHI 96740 (808)331-0707 Hualalai Road and New Development We have no problem welcoming new neighbors to our island, but we are concerned about the sheer Impact of traffic and associated safety during,and after, new builds that connect to Hualalai Road. Hualalal Road is basically a cattle trail that's been ashphalted. It was never a planned road, nor was it designed for big trucks,construction equipment,and hundreds of residential cars coming and going on it daily. There are telephone poles and utility poles that are, LITERALLY,3" from the white line on the road,with absolutely no shoulder at all. There are broken guard rails, moved(and removed)fencing and rails that were originally set for drop offs and sharp curves.These have been moved by the builders.There is a huge water tank, barely 20'(if that)from the actual road. There is no way that huge,double trailer construction trucks can safely navigate this road. it is not built for their width, NOR their weightl An industrial truck cannot even fit properly in one lane on the straight areas of Hualalai, let alone the tight and sometimes hairpin curves that make up the road. It Is a safety hazard.These trucks(as well as regular worker pickup trucks)often exceed the speed limit, as well, increasing the jeopardy. Please see the enclosed photos. The developers have already cut in roads that dump onto Hualalai,and some of these entrance roads are twice as wide as Hualalai itself. It is hard to imagine that adding another 100 cars to this road daily (based on the new development numbers,figuring 1.5-2 cars per family),won't hugely impact the already-over-used road. It is in constant disrepair,with bumps and potholes. Running industrial construction equipment and giant trucks up and down It daily will only add to the poor conditions. We believe that if developers want to add multi-home communities to the already burdened traffic, it would only be in the interest of the community(both old and new)and safety of all residents,to prepare and maintain the roads they impact. Hualalai Road should be made strong and safe,definitely widened and given better support and repair, before and after any commercial vehicles and commercial building is considered. Thank you for your time and attention to this important community matter. Janet Fisher an h r.com "How Am I Writing? Cap(808)331-0707- EXHIBIT 36 Page 1 of 3 From: Richard Makrevis Date: 5115120166:55:03 PM To: tommadson r.hawaii.rr.co»i Subject:Aloha Tom from Richard and Celeste RE: HUALALAI COLO?AY60W.NgSS f OLAS555.11.16 Aloha Tom, Thanks for letting us know about the Bolton Rock Crushing Quarry Project. Celeste and I will be at the meeting on Thursday May 19th at 9:3A. We do not plan to testify, but here are our objections to the Bolton Rock Crushing Project: 1 -Health Issues regarding Air quality. Our air is bad enough from the volcano eruptions. Add dust from digging and rock crushing and we are facing a significant health hazard from exacerbated asthma and allergies. I think that the County Health Dept. should be involved. 2 - Safety issues on Hualalai Road The road is already unsafe with blind curves and no shoulders. Additional trucks will significantly increase the hazards of driving on the only road we have to get to the store, Kaiser and shopping chores. I hope that the County Road Dept. has been notified and is part of the decision, 3 -Noise. Constant noise is a physical and mental health issues. We could hear Bolton crushing rocks over the last several months. If that noise were to become an everyday event,we will move. Richard and Celeste Makrevis Hualalai Colony From: Celeste Makrevis (mailto:celeste47@hawa11.rr.mm] Sent: Saturday, May 14, 2016 3:23 PM To: 'Richard Makrevis' Subject: FW: HUALALAI COLONY OWNERS EBLAST 5.11.16 rm...this email says that we should email Tom and show up at the meeting. See the paragraph right above his email address towards the bottom. csm From:Jamielynn Kay Leialoha [mailtoJamiel nnl hmcm t.com] Sent:Wednesday, May 11,2016 5:31 PM Cc:Jamielynn Kay Leialoha<jamielynnl@hmcmgt.com>; Patrick du Monceaux<pdumoncea ux@hmcmgt.com> Subject: HUALALAI COLONY OWNERS ESLAST 5.11.16 Aloha Hualolal Colony Owners EXHIBIT '37 fil e:///C:/Users/Owner/AppData/LocaVIM/Runtime/Message/%7B6331 CA79-C94A4006... 5/15/2016 Page 2 of 3 From your Board President, Tom Modson,please review the enclosed Information and if you cannot personally attend this meeting,either email Tom with your concerns(listing all occupants In your home)or sign the petition to stop this. You can forward the petition back to Tom Madson or to me.Maholol "Dan Bolton was using his property at the bottom of Hualalal Road as storage yard for his excavation equipment and as a quarry for his rock crusher to make sand and gravel . He was shut down by the county and was fined because it was a violation of the zoning ordinance for that property. He has requested a variance to allow him to use the property as a base yard and crush rock. There is a meeting on Thursday May 19th at the council chambers to hear his request.The meeting will take place at 9:30 AM. Our problem with this request is that Huaialai is designated as an unsafe road,the dust from the equipment was horrible when he crushes rock, it damages our homes and pools.The dust is also a health hazard to the neighbors and the nearby school. Our cars and homes are a dusty mess every day. In addition,the multiple large truck and trailer trips every day hauling excavation equipment in and out of the property,onto Hualalai Road creates a safety hazard for motorists. Please forward this E-mail to everyone in our association and anyone else you feel may oppose this variance and have them E-mail me their objections. Everyone in the household should be listed on the E-mail. My E-mail is tommadson@hawaii.rr.com Phone is 322-2000 The best thing to do is to send me the E-mail and show up at the meeting on the 19th. You don't have to speak, just be in attendance. Numbers really matter, a show of opposition Is very impressive to the council. We already have a quarry at west Hawaii concrete where rock and gravel are available in abundant supply right below Costco,we don't need another dirty and unsafe one." Tom Madson AgQmmw Patrick du Monceaux CMCA®, AMS® Director, Big Island Operations Hawaiiana Management Company, Ltd. Paiani Court, Suite 215 74-5620 Palani Road I Kailua-Kona, HI 96740 PH: 808.930.3218.Ext. 386 l FAX: 808.331.1743 www.itmcm t.com I patrickd@hmcmgt.com file:///C:/Users/Owner/AppData/Local/1M/Runtime/Message/%7B633 i CA79-C94A-4006... 5/15/2016 LEEWARD PLANNING COMMISSION HEARING—WEST AWAII I�iV CEl44ER Thursday, May 19, 2016 @ 9:30 am I (Written Testimony Proffered by Edward H. Schulman, Kallua-Kona, HI) Re: Bolton Inc. Special Permit Application No. 16-000188 (spp 16-000188) For the past 26 years,my wife and I have lived in HUALALAI COLONY off Hienaloli Road. My interest in addressing the Commission on the subject of the Bolton Special Permit Application ("Application") is purely one of PUBLIC SAFETY and the impact of granting this Application on the Hualali Road corridor linking the QUEEN K. with mauka communities. Hualalai Road linking the QUEEN K. to Hienaloll Road is a relatively narrow two-lane roadway with at least eight blind curves and virtually no shoulder access in cases of emergency. During heavy rains have personally experienced overflow of water and debris onto the roadway— public safety personnel have been called on many occasions to redirect traffic. If memory serves, the roadway has been re-paved only once during my tenure and it suffers from numerous dips and pot holes. Huslalai Road is accessed by local residents, tourists and cyclists as well as public and private service personnel including emergency services. Over the years several accidents occurring on have resulted in vehicles careening over its makai embankment. 1 EXHIBIT 38 Granting of the Application, even with conditions as set forth in the Planning Department Recommendation, will provide governmental cover to an applicant with a history of violating county rules and regulations pertaining to land use in connection with its business enterprises with no guarantees that further violations will not occur. More importantly, the impact of the requested Special Permit, which would allow for a base yard and staging for equipment, storage of materials, and the stockpiling and crashing of natural materials for commercial use, will exacerbate exponentially an already dangerous roadway condition attending the public's current use of the Hualalal Road corridor. As set forth In the Planning Department's "Background Report" rPDBR"] on this application: "Access to the subject property is from Hualalali Road. According to the Department of Public Works, Hualalal road Is a two-lane paved County collector road that has a pavement width ranging from 18 to 20 feet within a variable right-of--way width. It is substandard based on width, alignment and roadside hazard clearances. There are no paved shoulders or sidewalks and the speed limit is 25 miles per hour on Hualalal Road." (PDPR, p. 6.) Bolton, Inc. is a development company whose commercial enterprises will reap enormous financial benefit were its application granted. Although it's corporate offices are located in the Kohanaiki Industrial Area on Hulikoa Drive In Kailua-Kona, according to the Planning Department"Background Report" on this Application, "all employees [of Bolton, Inc.] are dispatched from this location" (PDRP, p. 3)to the companies various projects, including the site subject to this Application. 2 Given the County Code's definition of"Commercial excavation", approval of this Application will allow"any excavation or removal of natural materials for profit which Is not related to or not occasioned by an Impending development of the site of such excavation" (Hawaii County Code, Chapter 25, section 25-1-5(b)) including other Bolton, Inc. off-site projects now in development or anticipated to commence development within the 5-year term anticipated by this special permit. Importantly, if the Application is approved the "commercial excavation" "practices [will] include but are not limited to acts such as depositing, placing, pushing, crushing, dumping, pulling transporting, or moving to a new location any soil, sand, gravel, rock or other similar material. Aforementioned materials from said practices may enter Into commence outside of this TMK boundary at some future time or may be stockpiled until a need arises." (PDRP, p. 2; bolded Italics added.) Current Planning Department estimates that there could be "10-20 truckloads" of excavated/stored material moved from the site each day of operation. (PDRP, pp. 3, 6). Such large trucks will add as much as 40 trips per day, perhaps more, to existing vehicular traffic traversing an already unsafe Hualalai Road corridor to and from the Queen K. while further degrading the roadway itself. Of course, the intersection which will necessarily absorb this additional and unconventional traffic is currently 'uncontrolled', save for one stop sign and the "Aloha spirit", and will necessarily cause further traffic back-up in both directions. Nearby "Innovations" charter school uses Hualalai Road for ingress and egress 3 only a few yards mauka of the Queen K. intersection and Just m akai of the Bolton project site, thus putting children and their parents at even greater risk. I thank the Commission for this opportunity to present my concerns. Edward H. Schulman P.O. Box 1750 Kailua-Kona, Hawaii 96745 (808) 326-2007 boltonapplicabon 4 ~�� f Page 1 of 1 From: Himiko Nislii ay 1Tia Date: 5/12/2016 7:20:05 PM �, rj ,� 56 To: tommadsmnhaw,6i.rr.com N16 t'a�t j Subject: Bolton Thank you for keeping an eye out on these things for our community. I will not be able to attend the meeting as I 've signed up for a class at that time. I definitely oppose the idiotic idea of a rock crushing company amidst a residential area with a school and a pasture. All to be adversely affected by noise and dust. This business does not serve the surrounding area and should be situated in a commercially zoned area. I think the county would be putting themselves up to lawsuits if this is approved. The residents on the mainland have won and required mitigating actions by counties to remedy noise pollution they have allowed, i.e. , airports impacting existing suburbs. I 'm sure one of the lawyers in the subdivision can present a strong case against allowing any kind of commercial industry in this area. Again, thank you, Himiko Nishiyama #27 EXHIBIT 39 file:///C:/Users/Owner/AppData/Local/IM/Runtime/Message/%7B33434B3 F-C055-415C-... 5/12/2016 G} Page 1 of 1 From: hudiknij-!ht PLRkN11EcG I)EP ,RTi.ENT Dote:05/12/16 00.48.56 CCS!;}1`Y1` To. tommadsona hawaii.mcom Cc: nedennclinic RiNcrizon.nct .2016 NAY 18 All 7: 56 Subject:Opposition to variance Torn, Please add our names to those opposing the variance for rock crushing at the bottom of Hualalai Rd. We agree that it is a noise and air pollution as well as an undesirable presence of large equipment which add safety concerns and undue wear and tear to the road surface and integrity. I speak for my husband as,well. He may not have time to respond personally. Respectfully, Judith and Timothy Knight Lots 14, 18 and 19 Hualalai Colony Sent from my Verizon Wireless 4G LTE smartphone i SCANNED MAY 1a ZU16 BY. EXHIBIT 40 file:///C:/Users/Owner/AppData/Local/I M/Runtime/Message/%7B 3 C07813 2-653 D-44CA-... 5/12/2016 Dacayanan, Melissa From: Dacayanan, Melissa Sent: Wednesday, May 18, 2016 12:58 PM To: Christy Logan (logan@boltoninc.com); Dan Bolton (dan@boltoninc.com) cc: Darrow,Jeff;Arai, Daryn Subject: 5/18/16 Email to Logan/Bolton Numerous testimonies/correspondences received Attachments: COR-16-105392.pdf;COR-16-105395.pdf,COR-16-105396.pdf;COR-16-105397.pdf, COR-16-105400.pdf; COR-16-105401.pdf;COR-16-105402.pdf;COR-16-105405.pdf Good afternoon Ms. Logan and Mr. Bolton, Attached are numerous testimonies and correspondences received in our office concerning your application SPP 16-188. Should you have any questions, please contact Jeff at 961-8158. Thank you. Melissa Dacayanan County of Hawaii,Planning Department 101 Pauahi Street,Suite No.3 Hilo,Hawaii 96720 Phone:(808)961-8156 Fax:(808)961-8742 email:n'felissa-Dacayanan@hawaiicounty•gov "Hawaii County is an equal opportunity provider and employer" 1 EXHIBIT 41 Dacayanan, Melissa From: Dacayanan, Melissa Sent: Wednesday, May 18, 2016 2:07 PM To: Christy Logan (logan@boltoninc.com); Dan Bolton (dan@boltoninc.com) Cc: Darrow,Jeff;Arai, Daryn Subject: 5/18/16 Email Logan/Bolton COR-16-105416 Testimony received from Michael Matsukawa Attachments: COR-16-105416.pdf Good afternoon Ms. Logan and Mr. Bolton, Attached is yet another testimony received from Michael Matsukawa. Should you have any questions, please contact Jeff at 961-8158. Thank you. Melissa Dacayanan County of Hawaii,Planning Department 101 Pauahi Street,Suite No.3 Hilo,Hawaii 96720 Phone:(808)961-8156 Fax:(808)961-8742 email:Melissa•Dacayananehawaiicounty•gov "Hawail County is an equal opportunity provider and employer" 1 EXHIBIT 42 Page l of l From: acsuvdam PLAP,"N'1 0 0i.-TARTURIT Date: 5/12/2016 4.07.23 PM Ci''l"V'FY ``r H(1,V,AlI To:tommadsonnhawaii.mcom Subject: Bolton rock crusher yard 2016 NAY 18 AN 7: 56 We oppose this proposal. The noise,dust and increased traffic will devalue all of our properties. Our address is 75-5608 hienaloli road number 31 hualalai colony. Sincerely antril and Monica Suydam Sent from my iPad � SCAN7NEDMAY 13By: 10 EXHIBIT 43 file:///C:/Users/Owner/AppData/LocaU1M/Runtime/Message/%7B62E 1519E-B3 ED-4527-... 5/12/2016 19 i j R 3 SCANNED MAY 18 2016 By:-!-U-4 9P EXHIBIT 44 '* ~Ti t.1y 'i • ti �,. , , .� -�. _y.� �. xt �,,�,. � . , �� � -• ,R: � .� .11E r r v I �..- 1 r+'+r�' Page 2 of 3 • 0 +r # i t i V r Z Z tom- e iMG_3288.JPG Email this photo I Upload photo to Facebook ai..�rrr.>rr,,,...,rn„.,vrrn,,,,r��r�n nrpl/TA/T/RllftfTfIPIT�/IPCCgaPIa��71��R(,f`F.757-RF,RF,-43C't? 9/7/2016 Page 3 of 3 i M s ' r �9 RStt.� �,_.rrrr.n� ....rn,...,,rn,.,,r��+ten .i+.a�ITAA �tntsmr/T�/�ACcanPlp�,'1R5R�("F7S��RFRF-�1�C`fl- 51170016 Page 4 of 4 'w 1 S f;lA•!!!f'•/iTePralflrxmvrl4nnTlata/T n�a11T11d/Rrtir�timPlTl/SPccaaPl%7R4R�F,FFSf-5Rf17-4784-9._. 5/17/2016 r i AIWI i At e PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on this item before the LEEWARD PLANNING COMMISSION When: May 19,2016 Time: 9:30 A.M. SCANNED Where: West Hawaii Civic Center Community Center, Building G M.4Y 1� T016 By: 10540 74-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc.(SPP 16-188)Special Permit_Ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress,Further, Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton,Inc.property(7-5-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton. Inc. should be of serious concern to the Leeward Planning Commission. Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,ashresented,the Petitioned Special Use Permit(SPP 16-188) For Print Name Signature Address Comment Date el x-R-s rL 7s SLI ptG Y��I c m 75 5.(1 .-I 15 -G>$ LAl_tl tL �rcr�`1 �re�i A�r-l� 441�A t&exi x-//W,,- ff �aranA (.f�wb✓ �s�(,�y �r-t-,� �� D1=N'1 SdF� PFiwi�- 5/ [� pVl� MrxVl6tin � 0 a 11oh-rcJiav��[l 1� ( I�+ ��►��Ist;!- ff WIN s/G//� ���h, ��gl ��►- �F�. ��y f��:� Qac-, pNr". �� s�61,G �1 / �^a 77;—(9ky� L�/'� Place- /� , ids�,e 11//6 PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on this item before the LEEWARD PLANNING-COM MISSION When: May 19,2016 Time: 9:30 A.M. Where. West Hawaii Civic Center Community Center, Building G 74-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc.(SPP 16-188)Special Permit_ Ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress; Further. Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton, Inc.property(7-5-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton,Inc. should be of serious concern to the Leeward Planning-Commission. Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as resented,the Petitioned Special Use Permit(SPP 16-188) For Print Name Signature Address Comment Date >4sti�r-.t ;, -�5 - bc3 L,I�� pl S 6 Ii •✓y p�emrT- '17 a L a 6-Yo4 Lab ii PL P"q FEkA-t.r T er '(�fi+n� fiT-�� S 1(�IJI 1•An�(k1I� pl• - MI• 75-6 8,(O s Mei. La rak;,�, 1 Jbp e. "s Mi�I���e lAjcs n _ _ den pert, Please, 5�9�1G V,c4-b , 4t,-., -rs-�� Lul�I?("(-e � .I tin 6c;ei A/0 PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on this item before the LEEWARD PLANNING COMMISSION When: May 19,2016 Time: 9:30 A.M. Where- West Hawaii Civic Center Community Center,Building G 74-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc.(SPP 16-188)Special Permit.Ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress;Further. Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton, Inc.property(7-5-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton, Inc. should be of serious concern to the Leeward Planning Commission. Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as presented,the Petitioned Special Use Permit(SPP 16-188) For Print Name Signature Address Comment Date CNols� � A�R Pp-vLLo,A s'r �Ilutionr C""CRNs OSIa7 6CE4 Coictu L ;�aa"g 7S Ga9y PA u Ur H Iwo, i+NR P4ULW—]>` & Viavr,-�- nt— 70•-6900 P � Sl S/l t[ �f Sllb j Ib NlYchow� `�v '►s�1p s� M�er� �.t�n���^ ,�. 1 {�er►rw v° ���o5f�Mae llirrla�l� `� rl `' ��%� L�r►�+ ?J�SIu✓k � 7S•6G�f �Ma Lana/rsls dd'- ,. ., .�K/l6 PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on this item before the LEEWARD PLANNING COMMISSION When: May 19,2016 Time: 9:30 A.M. Where: West Hawaii Civic Center Community Center,Building G /4-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc. (SPP 16-188)Special Permit. Ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress;Further, Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton. Inc-property(7-5-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton,Inc. should be of serious_concern to the Leeward Planning Commission. _ Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as presented,the Petitioned Special Use Permit(SPP 16-188) For Print Name Signature Address Comment Date SN 2� ✓on1 ��,�; �G r)1XI,v4AA 4 " - saw L 1 fan [� In ' 5- 6l3 Pak Mele S� .?ki�niC�C S-Cpl3z. �t�KuJ�ete sfi- __ - �j�o 7610 S t 41 7 (el 0 Haku M 41t �ac�tl ThornyuM _3�Le Ow-� PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on this item before the LEEWARD PLANNING COMMISSION When: May 19, 2016 Time. 9:30 A.M. Where: West Hawaii Civic Center Community Center, Building G 74-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc.(SPP 16-188)Special Permit. Ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress, Further, Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton,Inc.property(7-5-017:044)and the Dust and Noise created by a full scale rock c_r_ushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton, Inc. should be of serious concern to the Leeward Planning Commission. Action We,the undersigned,are concerned citizens who urge our leaders to ad now and deny,as presented_,the Petitioned Special Use Permit(SPP 16-188) For Print Name S' Address Comment Date AllCA�-- �)Cy 75-4-rzV- 410,4 qwt ��o PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on this item the LEEWARD PLANNING COMMISSION When: May 19, 2016 Time. 9:30 A.M. Where: West Hawaii Civic Center Community Center, Building G 74-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc.(SPP 16-188)Special Permit.Ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress;Further, Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton.Inc.property(7-5-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton.Inc. should be of serious concern to the Leeward Planning Commission. Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as presented,the Petitioned Special Use Permit(SPP 16-188) For Print Name SignaUKe Address Comment Date PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-S-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on this item before the LEEWARD PLANNING COMMISSION When: May 19,2016 Time: 9:30 A.M. Where: West Hawaii Civic Center Community Center, Building G 74-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc_(SPP 16-188)Special Permit.Ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress; Further, Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton.Inc.property(7-5-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton. Inc. should be of serious concern to the Leeward Planning Commission. Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as presented.the Petitioned Special Use Permit(SPP 16-188) For Print Name Signature Address Comment Date G" TFMRE rDf1c; I AjARD T� r wAts , }}( Q(o"l 4,o r-T' Gf+u ,,4,-y Cn6 L/ND -Srflks I`r�i l rti a-k�rl� t-rK tom --6 id I -7r,-(016-3 No�r�u�� `fl6 USA _K �`- DA A10F - /S- o a7n rT.r 51 6I�v "IY4I ' 7s Gl3� �bo S sit)1{. �160�,t�A(_A /_61&u 75- bl,�l � DdCGiva �' // SIeW XtWln t-taarvr,YM St- f Ito iA 41 1. S 9 PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on this item before the LEEWARD PLANNING COMMISSION When. May 19,2016 Time: 9:30 A.M. Where! West Hawaii Civic Center Cornmunity Center, Building G 14 5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc.(SPP 16-188) Special Permit. Ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress; Further, Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton.Inc,property(7-5-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton, Inc. should be of serious concern to the Leeward Planning Commission. Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as presented,the Petitioned Special Use Permit(SPP 16-188) For Print Name Signature Address Comment Date 75-051. HODMAHR S7- 61 FI^Y 5M7- 47 kAIWA kcl M, H,-r- -147#0 os/o?�z�t /5-(-Z7-5-)- 1Q-�16 T G-740 7S-baO-2 f;.eo Pf pen Le e a 4d 1-(4Aa1DAY KkILVA 4,,A �4T 96`7yo 7S-G2oP Penn, At a+r LA(UA KWA- r- g670 S-7-/4 b- 5 s- e,..2 I A U-A*QC 7 IG 7�`6Z f iQ..i�2 r /D PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on this item before the LEEWARD PLANNING COMMISSION When: May 19, 2016 Time: 9:30 A.M. Where: West Hawaii Civic Center Community Center, Building G 74-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc_(SPP 16-188)Special Permit.Ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress; Further, Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton,Inc_property(7-5-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. it is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton,Inc. should be of serious concern to the Leeward Planning Commission. Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as presented,the Petitioned Special Use Permit(SPP 16-188) For Print Name Signature Address Comment 1Date �����_MLlhent 7S-(oZpS hoaL✓Kd/f?OhJ !� Gow��y1� Cork �V►�TSJN�6J ����j,��,00��u ��1apL. � �10� A(I Y,tt 1 JZ�Wfn,`l;-6223 *WC4WUP5�6�1b �.I ACaArZA -7� - b21A06ov"I��, 7 6 '7< 42-11 4004ULiP i�o�(o 7�6avr t6o Ku Ku 1^7oryi 1n1 QC'r rtC-&- _ S�7 ��fi� PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on this item before the LEEWARD PLANNING COMMISSION When: May 19,2016 Time: 9:30 A.M. Where: West Hawaii Civic Center Community Center, Building G 74-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc.(SPP 16-188)Special Permit. Ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress;Further, Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton.Inc.property(7-5-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton, Inc. should be of serious concern to the Leeward Planning Commission. _ Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as presented.the Petitioned Special Use Permit(SPP 16-188) For Print Name Signature Address Comment Date D5Ny PAuLclUR S-r CPf h/ rs 7S-L/39 /l��s.Lii.; 5�-• �j-h..c�� � 7 139 4 7 s a S� PJ' S PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on this item before the LEEWARD PLANNING COMMISSION When: May 19, 2016 Time: 9:30 A.M- where: West Hawaii Civic Center Community Center, Building G 74-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc.(SPP 16-188)Special Permit_Ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress:Further, Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton,Inc.property(7-S-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 24,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton,Inc. should be of serious concern to the Leeward Planning Commission. Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as presented,the Petitioned Special Use Permit(SPP 16-188) For Print Name Signature Address Comment Date ";--k ttndenb,l 9 7�D AGVN I-f u now7wN WA&-oa " 413 A/AX u 1IAe �-, o f g o S t49- S'�8� PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on this item before the LEEWARD PLANNING COMMISSION When: May 19,2015 Time: 9:30 A.M. Where: West Hawaii Civic Center Community Center,Building G 74-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton. Summary Inc.(SPP 16-188)Special Permit Ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress;Further. Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton.Inc.property(7-5-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton,Inc. should be of serious concern to the Leeward Planning Commission. Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as presented.the Petitioned Special Use Permit(SPP 16-188) For Print Name Signature Address Comment Date T 50 Q N�� P3 Al M,,i Laila0q /0-1 Qc K01- LAu-r -75-6.6Z Mf 9 t,4NAf1<I i- De-b.1k-ah ri5-�lv;l N{eatar�c a -P0.r d1 fV40� PAI Icto� Kp��a� M 1 gt,'7+fo wb �5 FAQ 7—A r►j so �� +�� ��7 1►�1� S1- l�lPti '51 -- n`t Srd n�e� ifl e'. an OL V-)1A i PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on thi5 item before the LEEWARD PLANNING COMMISSION When: May 19,2016 Time: 9:30 A.M. Where: West Hawaii Civic Center Community Center, Building G 74-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc_(SPP 16-188)Special Permit.Ingress and Egress to the subject-property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress; Further, Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton, inc.property(7-5-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January { 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton.Inc. should be of serious concern to the Leeward Plannin%Commission. Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as presented,the Petitioned Special Use Permit(SPP 16-188) For Print Name Sign t Address Comment Date A�r�✓ 0-04)dt-�i rs. - `��-�--r� mss- &1117. Le s �1� 4 j� L1 -7 S l l S r, lC4;L,vA- a104, ,. 1LIN PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-S-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There yvill be a PUB IC HEARING on this item before t e LEEWARD P NI COMMISSION When: May 19,2016 Time: 9:30 A.M. Where. West Hawaii Civic Center Community Center,Building G 74-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc.(SPP 16-188)Special Permic ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress;Further, Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton,Inc.property(7-5-017:044)and the Dust and Noise created by a full scale rock crushinn operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County-s order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton,Inc. should be of serious concern to the Leeward Planning Commission. Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as presented.the Petitioned Special Use Permit(SPP 16-188) For Print Name I Signature Address Comment Date +� M A C P/K4V.+ W PL T5 frA -Ak, /I-Z�u AID- PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION Ibtre wifl bg a UB C HEARING on this item before the LEEWARD PLANNING COMMISSION when: May 19,2016 Time: 9:30 A.M. Where: West Hawaii Civic Center Community Center, Building G 74-5044 Ane Keohokilote Highway Kailua Kona Hawaii Petition We.the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc(SPP 16-188)Special Permit.Ingress and Egress to the subject property will bring an unsatisfactory and levet of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress;Further. Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton,Inc.property(7-5-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Bolton,Inc. should be of serious concern to the Leeward Planning Commission. Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as presented.the Petitioned Special Use Permit(SPP 16-188) For Print Name Signature Address Comment Date A v/- KdNr? 969y y porn, G�o, �.� �vA�ftl1 R f I , � ►"ad vac r-c-�'s�z la � G���� MAIM ,' X a"/ l i 9 67 110 `75 o �J P�rrnr'f G �o� y 'U� �s 61x3 -OPiK.4N19 % PL �i ,a Na 9b-7 7A 0011ZAA141 A4 I Mf E,J 1> _� 7r- 6u-1 0fi,9A�Au�N1 �- 1lA,cufr• c /k tr 1' 7qa UA4�O�"�d F('gZ�tT Ka.�tis -�G�yc� �j67NU �Jeh S_�-f6 Kc)\\,V �T �77,� PETITION TO HALT THE PRESENT AND PROPOSED USE OF PARCEL 7-5-017:44 AND DENY THE SPECIAL USE PERMIT APPLICATION There will be a PUBLIC HEARING on this item before the LEEWARD PLANNING COMMISSION When: May 19, 2016 Time: 9:30 A.M- Where: West Hawaii Civic Center Community Center, Building G 74-5044 Ane Keohokilole Highway Kailua Kona Hawaii Petition We,the residents of Pualani Estates at Kona,request the Leeward Planning Commission to deny Bolton, Summary Inc.(SPP 16-188)Special Permit.Ingress and Egress to the subject property will bring an unsatisfactory and level of Auto/Truck Trips/Congestion to an area accessed without controlled ingress/egress; Further, Background excessive and unsatisfactory noise,pollution and dust from trucks entering and exiting the unimproved roads on the Bolton,Inc.property(7-5-017:044)and the Dust and Noise created by a full scale rock crushing operation for commercial use can only create a detrimental effect on the quality of life for our community of 362 homes and over 1,300 residents. It is important to note that prior to the County's order to cease operations dated February 29,2016 an inspection performed by the County on January 29,2016 found numerous violations related to zoning and the uses allowed by current zoning for the subject property. This egregious dis-regard for proper process and land use on the part of Balton,Inc. should be of serious concern to the Leeward Planning Commission_ Action We,the undersigned,are concerned citizens who urge our leaders to act now and deny,as presented,the Petitioned Special Use Permit(SPP 16-188) For Print Name Signature Address Comment Date t , 7&-- 609 e L 6AAV6 -6cez Kr-F-41 -PLAX Vie;,- 4-,e.- IwvA kAAI, rlo,�e-- ,� �} 7' `f�o81 K V eta. , S -�b SOO 1 ` S Il- 9i�ISiIS "'9�Ob`db6�-6L'd�i��9gL%/a�8ssay�aun�u�tgjyQ�e�o��Qdd�►lia�unp/sias�:�ll/�ai� 1 3� ;� „�-•; ti' ray � m Lwr IA .3• elk . ; 'tea c '' b. rl .�• a • � w R 9 w P [� za n `O p Q A m k� rD 16 3 w K O +4 MIS yp� 9.0 O C Q k No (D OL n �• 94 26 to a ate. c rt �s pperr ,O�r+ It i� a X. s r A 1� lBi .C} p �? 0 £Jo E 029d �/] � •: x � 'R�ip�,J,l:'2,d1n�' $r.'3'i`•h'h,�-�t'� � Y N w 4 "2 4�7'+' y.r�F�iu f ry ��'�(;Y1rr�:".y{. � ���••iii � 1"' ��'�3 ��.q�.'-.r:yr .•e4:.�;�,�;i?f•'i'y.zw!t+'�1''�'��7'ifn,.�j,.S;,', - f , b r 1,Iry En En IL k� � � at ? b a �rM � A •0 a Ln w Ln ,. F Y• I r• ILn Ln m e a 0) o 0) o4 ACL co co Ox Ox ' s A C H O H O %0 N 4D W C a CD aCD CD t'j re ax rt0r• 9 Gr Z R' G N w N• rt ; C GY a C 'x-�-• � � (D C3Y O QY • F'h� u''kt rt ,f 0 O •--4' O lip 96 rr, O i Ln Ln s pv -40 469 X Jb .� r cp "o ft Bas ! ?. r-L p �e a r •� JF gJE n -IUs w � a � OD � p n H vn' ��s a44 ;. �► p "1 � ' a V CL N � � a �.� Q 7 E rt po erera!A q e► W A rr fl D 'SI g� aq N + _ E Q •• et' �, 'CIjy1ly►", J'ri�'�:ri;Y=',.,:,rf• ., �nx�p. �K •Tj T4s,.f�•.+.t.S,rIF�:�;i :f•�;e ii 15;+,9'..�t 11 • I :'1\.•rte '�' s'=.'i4"?��k,���y.��l�:�:`�I'•.St�} � ; -.rpt'�' •'�' � 4 " i •� i ti s r'.,A'r•s!e 1•'i'1' i4i9.+f}'�%�''1,f:•..Z•.,,4 r Vol • !Y• .r• [ Y. ` •fr.e.�:v-�:7,•v`s.d i' f: '3 �,� r ty'�,.y�t.3 •.c rr ti+rT.i,r 1.hoc t.f tk7�% �."'';Y.+ s,• y.ft.+„r:+ HYr:�;..i',if.''•:,,,, bA • .�,:';f•fes.�... > '*.�, f�•, � t gull ink Oj 4dN. Ca DI . 1 INS- � a tv 'E • �� M (`� •� d� a i 1N� Va fie] ,y .� � t � r1l p ; a a CA C61 . I �Si�3�aYai`•"StJ',r,(}� �yyh.Ii.i'��}��./ 31(�`�-,yy3 -'q ,. l! �L�� 1 r�I�Yi "1'�45AY-4S'S\55��� 1$7l'�4•h�`•"'- f I, .�f �is it 4}a'.r.iy`;,,� te,•'L�y�.' ,�+� ►�'f� ,� o 06a m It o• , v e. a rL ,.r IL ra Ns� m A Ir or GIN '!' �'•f'�' �Va.i" i•i.r d{�,r•:4+fi .!{:'��;:.•.yiy:Y;fir• •OM1 'ri}"•F��,ii. f:.^,.iFr'�P'yy.f�r^��'��it •,�'S_;'�S��t�,�:--- y�- h h,. Mfy.i�•yJr .4•`y.y�, Via^ .. lita m rte~ ` Ot \/►vim—\ �� o , Testimony of Michael J. Matsukawa2O16 11;\� 1 $ R1 15 in Qpnosition to SPP 16-0188, TMK 7-5-17 : 44 My name is Michael Matsukawa, attorney for those who have petitioned for a contested case. You must focus on what is before you and what the applicant and the Planning Director are asking you to approve. First, none of the activity occurring on the site is permitted, but continues. Second, a Special Permit is an exception, not something to be automatically granted. A Special Permit is not a tool to be used after-the-fact or after-a-notice- of-warning to cure unpermitted activity. Calling the proposal °unusual" does not mean it is appropriate. Describing the proposal in this case as being "reasonable" is inconsistent with applicable regulations and sound planning. Third, although the county code' s definition of "grading, " "excavation" and "commercial. excavation" are precise (and does not extend to rock crushing) , the applicant asserts that these terms actually include rock crushing. Although State law (Chapter 181, HRS) requires a State BLNR mining permit (since the rock material is not used for road construction) , the applicant does not address this point . Fourth, the applicant obtained a grading permit to improve a drainage channel, but without a permit to crush rock or to remove material to locations off site . This is not an over- sight . Further, the applicant seeks a Special Permit to not only complete the short-term drainage improvement project, but to also put multiple uses on site and without a time limit . Fifth, the State temporary covered source permit must be reviewed for the intended site. The existing State community noise permit expires in August 2016. A new noise permit will be required and the Director of Health can (and should) consider noise levels received beyond the site's boundaries. Sixth, one decision criterion for a Special Permit under Rule 6-3 (b) is General Plan and Kona Commun�.ty Development Plan compliance. The General Plan treats the activity as being "noxious" and "offensive, " that should be "in harmony with SCANNED EXHIBIT 46 MAY 18 2016 By: 105416 F surrounding uses and-the environment" and that should be-: located "in appropriate places . " The Kona Community Development Plan designates the property for transient oriented development or residential use. Sevenths- the applicant did not submit a plan to- show the location and elevation of all existing and proposed structures and 7 buildings. Finally, you should know that in 2007, a Bolton'' company known as Kona Coffee & Tea Company obtained a non-dedicated agriculture assessment for the site as "pasture" in 20,08 and 4 transferred the samW--to Mr. and Mrs . Bolton for $1.6 million in 2013 . The County recently assessed the property as "pasture', " with a property tax liability of $100 per year. This means that the site is suitable for :aigriculture purposes. Granting the application will confer a tremendous eco- nomic benefit to the applicant at the expense of neighbors-,:and the community and, at the- same time, will invite other landowners to apply for the same benefits. The, Planning Commission should deny the application. DATED: Kailua-Kona, Hawaii, May 18 , 2016 . '. MICHAEL J. MATSUKAWA 051816.4\cooperso\testimon.2 _' 2 BULLET POINTS The Property Acquired by a Bolton company in 2007 . Sold to Mr. and Mrs . Bolton for $1 . 6 million in 2013 . Assessed as "pasture" since 2008 at $10 , 000 . Chapter 181, HRS BLNR mining permit required since material not used for road construction. Erosion and Definition of "excavation" does not include Sedimentation rock crushing_ Code 10-1 (a) Zoning Code Definition of "commercial excavation" does not 25. 1-5 include rock crushing. Zoning Code February 2016 warning letter describes unper- Chapter 25 mitted activity on site . As to Planning Site plan of location and elevation of struc- Commission tures required. Rule 6 Criteria Property taxed as "pasture" (meaning that the property in suitable for agriculture) . Property conversion into an industrial park. Adverse effect on surrounding properties. Burden on Hualalai Road and Queen Kaahumanu Highway. HAR 11-60 . 1-91 Temporary covered source location must be confirmed and approved by Health Director. HAR 11-46-4 (b) Health Director may consider noise levels "emanating . . . at any point . . . beyond (past) the property line. : 051816.3\cooperso\bu1Iet.pts LEEWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES MAY 19, 2016 The Leeward Planning Commission met in regular session at 9:31. a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawai`i,with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Nancy Carr Smith, Scott Church, Collin Kaholo, Barbara Nobriga and Sonny Shimaoka ALSO PRESENT: Danny Patel (Counsel for the Commission), Duane Kanuha, (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner), Maija Jackson (Planner),Christian Kay (Planner) and Noriko Sauer(Commission Secretary) And approximately 80 people from the public in attendance. A quorum was present. Chair Unger called the meeting to order, and introduced the Commissioners and staff to members of the public. He described the procedure for public testimony. Chair Unger announced that at the request of the applicant, which had come in this morning, the Commission would postpone the hearing on Agenda Item No. 4 (Bolton, Inc., SPP 16-188) until a future meeting. He said that there would be no presentation by staff, the applicant, or the petitioner for a contested case hearing, but that public members who wished to provide oral testimony would be able to do so when the agenda reached that particular item. Chair Unger further announced that Agenda Item No. 5 (Palamanui Global Holdings, LLC, Amend REZ 05-10) was also postponed, and that likewise the Commission would only hear public testimony regarding that application as well. STATEMENTS FROM THE PUBLIC—No statements were presented under this section of the agenda. NEW BUSINESS 1. APPLICANTS: DANIEL SHEEN (formerly TAKESHI KUDO) (Amend SPP 714) Request to amend Special Permit No. 714, which allowed the establishment of a coffee mill, office and general store on .643-acre of land situated in the State Land Use Agricultural District. The amendment request seeks to extend the permitted operational hours for the general store from its current 8:00 a.m. to 5:00 p.m. period to a proposed 5:00 a.m. iV 10:00 p.m. operation. The property is located along the west (makai) side of the Hawaii Belt Road (Highway 11), approximately 900 feet south of the Middle Ke`ei — Highway I 1 junction, Honaunau, South Kona,Hawaii,TMK: 8-4-006:053. 1 EXHIBIT 47 The Commission took up this item at 9:35 a.m., with approximately 80 people from the public in attendance. (SEE EXHIBIT A) 2. APPLICANT: ALI`I PALMS,LLC (formerly LEHUA LANI,LLC) (AMEND REZ 1039/AMEND SMA 441) Request to amend Condition B (time extension to secure subdivision approval), Condition J (drainage improvements) and Condition V (fair share payment) of Change of Zone Ordinance No. 04-56, and Condition No. 4 (time extension to secure subdivision approval) and Condition No. 6 (drainage improvements) of SMA Use Permit No. 441. In 2004, the property was rezoned from Agricultural- 5acres (A-5a) to Single Family Residential-7,500 square feet(RS-7.5) and SMA Permit No. 441 was issued to allow the development of a 58- unit single family residential house and lot subdivision and related improvements. The property is located along the east(mauka) side of Ali`i Drive, between the Alii Lani Condominium and the Ali`i Garden Marketplace and across from the Kona By the Sea and Kona Riviera Villas condominium complexes,Puapua`a 2"d, North Kona, Hawaii, TMK: 7-5-020:071 and 072. The Commission took up this item at 10:01 a.m., with approximately 80 people from the public in attendance. Chair Unger recused himself for the reason that he owns a property adjacent to the subject property. Vice Chair Kaholo assumed the chairmanship for this agenda item. (SEE EXHIBIT B) 3. APPLICANT: KONA VETERINARY SERVICE (Amend SPP 780) Request to amend Special Permit No. 780, which allowed the establishment of a veterinary office and clinic on 1.64 acres of land within the State Land Use Agricultural District. The amendment request seeks to increase the number of staff from 8 to 12 and increase the square footage of the clinic from 1,700 square feet to approximately 3,100 square feet. The property is located adjacent to and north of the Mamalahoa Highway-Onaona Drive-North Kona Belt Road intersection, Kaloko,North Kona, Hawaii, TMK: 7-3-008:001. The Commission took up this item at 10:26 a.m., with approximately 70 people from the public in attendance. (SEE EXHIBIT C) 4. APPLICANT: BOLTON INC. (SPP 16-188) Application for a Special Permit to allow for a baseyard/staging yard for equipment, storage of materials, stockpiling and crushing of natural materials for commercial use and a security dwelling situated on a 9.23-acre portion of a 23.738-acre property situated within the State Land Use Agricultural District. The property is located at 75-476 Hualalai Road, approximately 700 feet east of its intersection with Queen Ka`ahumanu Highway, Kahului 1st, North Kona, Hawai`i, TMK:7-5-017:044. 2 Chair Unger reiterated that the hearing on this application was postponed. The Commission took up public testimony at 10:39 a.m., with approximately 70 people from the public in attendance. (SEE EXHIBIT D) 5. APPLICANT: PALAMANUI GLOBAL HOLDINGS, LLC (Amend REZ 05-10) Request to amend various conditions of Ordinance No. 09-132, which amended Ordinance No. 06-105, which rezoned 725 acres from Agricultural- 3 acres (A-3a) and Open to a Project District for a mixed-use development known as the Palamanui Development. The specific request is to amend Condition V(1)(a) related to timing of constructing University Drive (Road 2) from Queen Ka`ahumanu Highway to 800 feet mauka of Kamanu Street (Road 3A); Condition V(1)(c)(3)related to timing of constructing the Queen Ka`ahumanu Highway/University Drive intersection; Condition V(4) modifying the requirement to construct the new mauka-makai connector road (Road 1); Condition NN related to the fair share contribution for regional road improvements; and Condition S related to the timing and scope of providing park improvements. The property is located northeast of the Kona International Airport at Keahole, between the Queen Ka`ahumanu Highway and Makalei Estates Subdivision, Kau,North Kona, Hawaii,TMK: 7-2-005: Por. of 001. At 11:47 a.m., with approximately 14 public members in the audience, Chair Unger reiterated that the hearing on this application was deferred until a future meeting. There was no one who wished to provide testimony. It was moved by Commissioner Shimaoka and seconded by Commissioner Kaholo that the Commission close public testimony on this agenda item. The motion was unanimously carried by a voice vote. 6. APPLICANT:LALAMILO FARM PARTNERS,LP (Amend SPP 77-20/SPP 378) Continued hearing on a request to Amend Special Permit No. 378 to allow the establishment of a fitness center; refrigerated box truck parking area; bakery; honey storage and distribution facility;butter processing, storage and distribution facility; limited retail sales area and related improvements on approximately 0.5 acre of land situated within the State Land Use Agricultural District. The subject property is located on the north side of Lalamilo Farm Road approximately 900 feet west of its intersection with the Mamalahoa Highway and within the Lalamilo Farm Lots Subdivision at Lalamilo, South Kohala, Hawaii, TMK: 6-6-005:032 (portion). The Commission took up this item at 11:49 a.m., with five people from the public in attendance. (SEE EXHIBIT E) MINUTES —The Commission took up the following minutes at 11:59 a.m.: April 21, 2016 meeting—It was moved by Commissioner Shimaoka and seconded by Commissioner Kaholo that the minutes be approved as submitted. The motion was unanimously carried by a voice vote. 3 ADMINISTRATIVE MATTERS —None. ANNOUNCEMENTS—Mr. Arai announced that the next meeting was scheduled for June 16, 2016, with tentatively five items on the agenda,including the deferred hearing on the application of Bolton, Inc. (SPP 16-188). He added,however, that a few of those items might be postponed. Mr. Arai also announced that the Hawaii Congress of Planning Officials conference would be held in Kauai County from the 21"through the 23`d of September this year. He said that there was budget affording two Commissioners to attend. ADJOURNMENT—There being no further business, at 12:02 p.m., it was moved by Commissioner Church and seconded by Commissioner Nobriga that the meeting be adjourned. The motion was unanimously carried by a voice vote. Respectfully submitted, Noriko Sauer, Secretary ATTEST: Keith F. Unger, Chairman Leeward Planning Commission 4 LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MAY 19, 2016 The Leeward Planning Commission took up public testimony regarding the application of BOLTON INC. (SPP 16-188) at 10:39 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Nancy Carr Smith, Collin Kaholo, Scott Church,Barbara Nobriga and Sonny Shimaoka ALSO PRESENT: Danny Patel (Counsel for the Commission), Duane Kanuha(Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner), Maija Jackson (Planner), Christian Kay (Planner) and Noriko Sauer(Commission Secretary) And approximately 70 people from the public in attendance. APPLICANT: BOLTON INC. (SPP 16-188) Application for a Special Permit to allow for a baseyard/staging yard for equipment, storage of materials, stockpiling and crushing of natural materials for commercial use and a security dwelling situated on a 9.23-acre portion of a 23.738-acre property situated within the State Land Use Agricultural District. The property is located at 75-476 Hualalai Road, approximately 700 feet east of its intersection with Queen Ka`ahumanu Highway, Kahului 1st,North Kona, Hawaii,TMK:7-5-017:044. UNGER: As mentioned, Agenda Item No. 4, Applicant Bolton Inc., SPP 16-188, has been deferred to a later hearing. We would like to at this time entertain public testimony. So at this point I have a list of members that are interested in testifying. I'll call you up six at a time and we will swear you in at that time. Also, if we could, if we could limit our testimony to three minutes. I, we just want to assure that everybody has an opportunity to testify; this is not for the Commission,this is not for staff, this is for you that everybody has an opportunity to testify, who wants to testify. Thank you. Tom Madson, Bill Culhane, Mike Matsukawa, Wayne Reese, Manuel Roberto and Brad Beckham. Also, I see a note here where that we are going to be swapping minutes, and that's fine. I think you understand the general idea here, so we can work with you on that. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: Yes. I do. UNGER: Please state your name and where you reside. MADSON: Tom Madson, Hualalai— 1 EXHIBIT D UNGER: Please use the mike. Please use the mike, speak directly into the mike. Thank you. MADSON: Tom Madson, Hualalai Colony. UNGER: Very good. And we can just continue right down with introductions and where you reside. CULHANE: Bill Cuihane, Pualani Estates. ROBERTO: Manuel Roberto, Pualani Estates. REESE: Wayne Reese, Pualani Estates. BECKHAM: Brad Beckham, Kona Orchards. MATSUKAWA: Mike Matsukawa. I'm attorney for the petitioner for the contested case. Thank you. UNGER: Thank you. We can start with you, sir. MADSON: Yes. My assignment was to testify on the safety conditions of Hualalai Road. But before I do that, this is a petition to request a base yard and a rock crushing facility, and there has been a rock crushing facility down the road about a mile away, West Hawai`i Concrete, where they have constant water spray to keep the dust conditions down, they've been in business for decades; why we need another one within a mile that doesn't spray water, constant dust, and creating a health problem with a school nearby. But I'm supposed to testify about road safety, so I will do that. According to the National Highway Safety Conditions, there are several criteria as far as safety of the road: the width of the lanes, the line of sight, the width of the shoulder, the radius of the turns and the banking of the turns. In many cases on Hualalai Road the roads are banked the wrong way away from the inside radius instead of into it. And I know why that was done; it was so, since it's in a flood zone, there's water drainage issues. Anyway, in every one of these categories Hualalai Road fails. It's considered a substandard road, and substandard road means unsafe. The next thing I would like to show you, and I'm sorry, I just found these pictures this morning– if you would just pass them down, as I testify—is for the short time that I've lived at this location in this subdivision, because of the road conditions, telephone poles have been hit four times, knocked down, knocked our electricity out, and closed the road for a day to some, in one instance two days, before they could re-erect the telephone poles. So that is another great concern. And the next thing I would like to testify–and I've submitted these pictures, but 1 guess you don't have them in front of you, I'll pass these down–is the trucks that are being driven on the road cannot traverse the corners and stay in their lane; they have to cross the centerline of the 2 EXHIBIT D road to get, to traverse the Hualalai Road. And you can see in those pictures perfect example. And so that creates a condition of safety concerns. And then next thing I'd like to say is six weeks ago I was involved in a traffic accident on Hualalai Road; I was sitting at the bottom of Hualalai Road where it's very steep, and there was a large truck with full gravel, Bolton truck, waiting to make a right turn onto Queen K_ Highway, and because they don't accelerate very fast, they waited and waited and waited for traffic, and a car came around the corner above, which has no line of sight, and because of gravel and sand on the road,could not stop and I got rear-ended right at the bottom of Hualalai Road where Bolton is going to have all their trucks going in and out. And they are still doing it to this day in violation of the conditions that they've been, accepted. And that's that, so, anyway. The last thing is I, a few years ago, I installed a new swimming pool, had a new swimming pool built at my house. We were having our homeowners meeting and people started talking about their swimming pools and the water conditions in their pools. And I said, well, when did this all start, what's happening? They were talking about algae growing in their pools and everything. And I had just had my pool installed less than a year before, and I said I'm having the same problem, and everybody else that had pools in the room said, I'm having the same problem, too. So I talked to the pool people that service the pools, several of them, and they said, yes, everybody in this subdivision all of a sudden is having water problems with their pools, some of them won't swim in their pools because of the algae. And they finally decided, or told me, it's when Bolton started crushing rock at his base yard that was illegal, and crushing was illegal at the time, that all the calcium deposits went into the air, settled in your pool, and the water hardness in your pool went sky-high; it's supposed to be 150, it went over 400. Mine was off the scale; they didn't know how far over 400 parts per million it was. And so I went to the pool store, talked to the guys, and I said they should, what shall I do, they said there is only one thing to do, drain your pool, get rid of the water and refill it. So my pool's less than a year old,I drained the pool, and several other people in the association drained their pools, and refilled them. And now mine is creeping up again; it's up to 300 parts per million. At 400 I'm going to have to drain it again. I had a salt chlorinator in my pool, and the calcium in the pool clogged the whole chlorinator up, and so I had to get a new chlorinator, and I started to use the new one, and I saw it was starting to get clogged up, too, so I took it out. So now my salt chlorinator and hundreds of dollars of salt and everything are gone. So that's the result, and there is no question that these pool problems were result of Bolton's crushing rocks and base yard, and it's created problems. And who knows what kind of health problems if it's, it creates, if it's that kind of a problem for your swimming pool, what does it do for your lungs? UNGER: Thank you, sir. If you could summarize— MADSON: So, thank you. I'm done. UNGER: Okay. Thank you. Sir'? CULHANE: Bill Culhane. I'm testifying as an individual. Like many of the people here, I live in a house that's less than a quarter mile away from the proposed crushing. And I disagree that the barrier between us and the operation is sufficient. Since Bolton Company was kind enough 3 EXHIBIT D to give us a preview what this was going to be like when they briefly did some crushing last year, we got to experience the obnoxious noise and the tremors that actually sent to our house. I can testify that their work causes real problems as far as the quality of living. Please do not allow this industrial operation to happen so close to our residential neighborhood. I was amazed as the images were put up during the other cases how much of the land here is zoned Agricultural, and when they showed the aerial shots,how many buildings and different things you can do on Agricultural land. I assume that's done for tax purposes. But we are residential, and I think that that should buy us some additional protection. Thank you. ROBERTO: My name is Manuel Roberto. I live in Pualani Estates Unit 105, and I respectfully would like to submit a few numbers for your information that you may want to think about. These are approximate numbers; you may want to find the real numbers yourselves, or perhaps some of the real estate agents in the audience will be able to provide that for you. So these are approximate numbers. But I'm in the investment business. I consider this property as an investment. So we've got to look at some facts, which are important. Pualani Estates basically is a community for about 300-plus units, somewhere around 380, I believe. The property value, total property value of Pualani Estates is somewhere between 250 and 300 million dollars. I suppose that the property tax revenue to the County is, based on my own property taxes, I expect that the County is collecting somewhere around half a million dollars right now, 500,000 dollars. All investments require time. Let's move forward ten years. Ten years from now—Pualani Estates currently is appreciating at a rate of five percent, more or less; real estate appreciates about that rate, especially good properties, good investments always appreciate with time. Time is very important; it's an important requirement, as you all know. So, going forward ten years at around five percent appreciation our 300 million dollars value is going to be somewhere around 450 million. Property taxes are based on appreciation of property; property taxes don't go up, if the property doesn't appreciate, obviously. So that property tax revenue will go up to 750,000 or more,ten years from now, a year, a year. Twenty years from now the property values will be around 500 million dollars and the property tax revenue should be around 1.2 million dollars. Just a reality check. If you put an industrial area next to a residential area, I mean there are no residential areas that appreciate like that next to industrial areas; it just doesn't happen. So here we are about to bring down the five percent to one percent appreciation or no appreciation or negative appreciation, I don't know, it's uncertain, and markets don't like uncertainty. So, anyway, who is bound to lose here? The property owners, we may lose between 100 and 150 million dollars ten years from now, and the County, of course, in property tax revenues. Thank you. UNGER: Thank you. REESE: My name is Wayne Reese. I live at 75-6087 Ka`ane`e Street. We are immediately south of the vacant land that, where Bolton will be doing their rock crushing. It's going to have a negative impact on the noise, the quality of life and the property values. I retired after moving to Hawai`i, after leaving Iraq as a military advisor, you know, so it's a great place to live. But, again, it's going to have a negative impact on the noise, on the air quality, perhaps vibrations, just overall quality of life, and property values. So obviously, I'm not in favor of it, and I urge the Planning Commission to reject this proposal that they be allowed to do the rock crushing there. It's not a good location for it. There are too many residential areas very close. And the 4 EXHIBIT D road, as the first individual was talking about, is simply not suitable for large trucks; it's very dangerous. I'm also a former law enforcement officer; I wouldn't want to be having large trucks on that road. Thank you. UNGER: Thank you. BECKHAM: My name is Brad Beckham. I've had careers in architect, and I know your job is difficult, try to merge business interest with residential ones. Having done work in probably close to 80 cities, numerous counties, most of which have noise ordinances you can, if you choose,require testing. A typical ordinance is like an 80 decibel readings at the property line, that sort of thing. And you can do dust testing as well of the air, preferably on a windy day where it might carry of the sand. And as far as the noise, you might consider dropping at the maximum height of the frontend loaders into the steel beds of the trucks, and actually getting hardline data. It feels to me everybody's idea of dust or noise is subjective. I feel that, you know, living a half mile away I do feel tremors and it's really loud, but my opinion might defer with somebody else's, especially who has a business interest. So my recommendation for you would be get some realign testing and follow existing laws, and that might help you make your decisions. I have to apologize I'm late for a doctor appointment, so I've got to bail right now. UNGER: Thank you. MATSUKAWA: My name is Mike Matsukawa. I'm an attorney. I represent the petitioners for the contested case. And I forgot to sign up Jeff Citron who is the president, and he submitted his sign-up sheets. UNGER: I got that and so— MATSUKAWA: Okay. UNGER: —he'll have an opportunity to testify. MATSUKAWA: Thank you. I just want to point out a couple, a few things for the Commission and its staff. It seems like the application and the background report was put together pretty hurriedly. Some things that stand out is there seems to be one application for the drainage improvements, which in itself is its own project and ought to be treated as a standalone project; however,cobbled to this are the additional request, which make this application somewhat confusing. Secondly, there are some preliminary issues that should be explored but weren't, which is whether a Board of Land and Natural Resources Mining Permit is required under Chapter 181. As to the noise and air emission issues, which the prior speaker just addressed, I don't think there has been any analysis on air emission or noise. Both subjects are very complicated topics. When the Hawaii Electric Light Company built their Keahole power plant, they did extensive studies on both noise and air emissions because of the surrounding neighborhood that's Palisades and the Ag Park. They did the study, and also on the issue of noise the judge who were supervising the case determined that where and how you measure the noise is a very intricate 5 EXHIBIT D matter. And so the noise levels were studied at the site where the noise was received. My understanding of this application is they are looking at the quantity of noise generated on the site with no study as to the impact on surrounding properties, which can be measured. I think also since this matter is going to be continued,the staff should explore how many Special Permits have been issued for similar activities in the community,because you are converting an Ag parcel into an industrial park. I mean that's really what it is. So given the additional time, I ask that the staff and the Commission explore further studies. Thank you. UNGER: Thank you. You may be seated. Jeff Citron, Barbara Hussey, William Mandell,Jim Hill, Mark Kaplan and Nick Wong. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: I do. UNGER: Please state your name and where you reside, staring on this side. Thank you. WONG: My name is Nick Wong and I live in Hualalai Colony. UNGER: Thank you. We can go down and introduce. HUSSEY: Aloha Commissioners. I'm Barbara Hussey. I live in Pualani Estates. KAPLAN: My name is Mark Kaplan. I live in Hualalai Colony. Thank you for inviting us to talk today. HILL: My name is Jim Hill. I live in Halewili Place. MANDELL: My name is Bill Mandell. I live in Halewili Place. CITRON: Jeff Citron, Hualalai Colony. UNGER: Aloha. We can begin here, with your testimony. WONG: I'm part of Innovations School, Innovations Public Charter School. And the Bolton rock crushing, I think it's not good for education because it's, it would be a big distraction with all the noise going around and all the dust coming in to our lungs. And I don't believe that it's very good for the kids' health, and for all the distraction with all the noise. UNGER: Thank you. HUSSEY: Aloha Commissioners. Again, I'm Barbara Hussey. I live in Pualani Estates, and kind of on my own— I actually live right next door to Bill Culhane, so it's kind of like a two for here. Initially, when they started with their crushing, my husband and I were sitting in the living room and having coffee and just reading the paper, and I'm going what is that, an earthquake? Because the coffee was actually moving in the cup. So kind of on my own what I decided to do 6 EXHIBIT D was to park my vehicle down at the end of Pualani Estates and walk up Queen K. I took some photos of the actual site, and I'd live to submit those, if I may,just so that you have an idea of what the quarry looks like. I was absolutely, at the base of Pualani Estates we also have a park where people bring their keiki,and all of the dust and the noise, I cannot, I cannot even imagine what those young families must endure or had to have endured or will endure, as this noise and dust and dirt continues,as it comes up mauka to all the rest of us that live uphill. When I was walking along, I took these photos just on the street, and what's struck me so terribly much is what is happening to the `aina. And that says it all. KAPLAN: My name is Mark Kaplan, and I'm very concerned about the noise, the dust, the safety and the health of all the citizens living around here. A quarry and trucks moving up and down that road should not be in a residential area. I am a person who has asthma and COPD. Obviously, dust is not healthy for my environment. I work very hard to keep in shape, and this dust does not help me get to the effects that I want to be at. People have migraine headaches. You could say how much sound or banging in a distance; the bottom line is, if you have a migraine and you are hearing clamoring every day all day long, it's not good for your health, either. As far as Hualalai Road goes, we all know it's a very narrow road. It's difficult for cars to go up and down there safely. It intensifies it when big trucks are going down. Again, talking about health and safety,if an ambulance needs to go up and down that road and there is a big rock truck up and down, and there is going to be many, many trucks going up and down, you are going to make slow down that ambulance that could save somebody's life. There is also a lot of bicycles and joggers that go up and down that road, and you are putting them in jeopardy as well as everybody else. So at the end of the day, really, if you could please,please cancel this project, I think it's in everybody's interest. Thank you. HILL: My name is Jim Hill. Thank you for this opportunity to address you folks. I'd like to state that this is a quiet peaceful residential and agricultural area with more residential development anticipated. It doesn't make any sense in a common sense to change the zoning to give a Special Permit to allow an industrial use. Rock crushing should be in an already zoned industrial area without any question. I personally have chronic obstructive pulmonary disease, and know some other individuals in the area that have the same like my neighbor here. Further additional particulate matter in the air is going to complicate our health problems. You might also think about the children that are coming up behind us that are going to suffer from having improper air to breathe and noise, as this young man states. The dust generation of this operation will impact them not necessarily today but in the future, both from their learning capacity and their health problems. Like this gentleman said, there are many bicycles and joggers and the people on scooters who use Hualalai Road, and additional traffic and ten to twenty heavy industrial trucks per day is going to pose an accentuated danger to an already significant problem. It's a narrow curvy road. Our property values are definitely going to be negatively impacted by the noise and the air pollution, traffic congestion and safety concerns, if this is approved. Bottom line, I oppose any change to allow use a special use for rock crushing. It's fine, if they want to park agricultural equipment that's part of the game; I think that should be perfectly acceptable. 7 EXHIBIT D MANDEL: Hi. My name is Bill Mandell. I'm a resident. I think all the testimony so far, there is not much more to say. I would just like to say you are our Planning Commission, not a court of law; this is going to go down that route obviously, if it needs to. But you are a Planning Commission,and that whole area 60 years ago was all agricultural, and it was decided by your predecessors that that become single-family dwellings. Approximately, if you take the exact center and draw a compass around it with a three-mile radius,you have about 80 percent of the single-family residences in Kailua-Kona. And it was decided by your predecessors that when you go north of Henry Street, that was going to be heavy commercial industrial. And I just can't even begin to understand why anyone would consider bringing industry into the residential area. It just makes zero sense. It may improve Bolton's bottom line, but it is,it is so anti-planning. I mean if they can win in court, they can something, that's a different matter,but you are a Planning Commission and this violates everything that's been planned for this entire area for the last 60 years. CITRON: Mr. Chairman, I need more time since I am representing a large constituents. UNGER: Understand that. That's fine. And I understand you are the, will be the petitioner, so that's fine. CITRON: My name is Jeff Citron, a Kona resident for 45 years and a homeowner at Hualalai Colony Subdivision, which is located directly above Innovations Charter School. I'm also the President of The Community Association of Hualalai, which consists of the Heights at Hualalai, Pualani Estates, Hualalai Colony, Kona Orchards, and Sugar Cane Lane. I want to start my testimony by pointing out some serious violations of Bolton, Inc. in the past two years concerning the subject property. During the first week in October of 2014, while traveling in my car, I observed the development of two roads that were going to tie into Hualalai Road. Having been involved in land use issues, I had a problem if there was adequate sight distances, because they were located on dangerous parts of the road. I went down to Public Works and talked to Ki Emler, the engineer, and told him about my concerns. Ki said that the next day Bolton was performing some asphalt work on those two access points. I was alarmed that they were proceeding before checking out my claim. While I was there, I had a chance to look over the construction plans. I noticed that the figures provided by the private consulting engineer were overstated. I also noticed that the road profiles on the two roads were not provided as to elevation. The morning of the very next day, while traveling up Hualalai Road, I saw the Public Works inspector measuring the sight distances. I called the inspector a few days later, and he told me that he had shut the project down, and that Bolton had removed a large portion of a guard rail on a turn. Later Ki Emler said Bolton shouldn't have removed the guard rail because it was never revealed on the plans. He also said that Bolton should have obtained a grading permit for the mauka approaches to Lots 4 and 6 because according to our inspector the fill exceeded five feet in the height, therefore did not qualify for permit exclusion. An investigation was generated by Public Works. On November 19th I requested a copy of the final report. On February 25, 2015, the Corporation Counsel, Self, determined that my request was denied in its entirety by applicable statue, HRS 92-13(3). Since this is a contested case, these findings should be made public since we are doing a continuance, and that this information be made available. And to this day, the guard rail has never been replaced on the turn. 8 EXHIBIT D Later in the early part of 2015 I started hearing sound of machinery, dumping of rocks, and also a crushing sound. This was occurring every day, and I live over 1,000 feet from Bolton property line. And I do have a hearing problem, I have a hearing aid,but I'm still able to hear it loud and clear without this in my ear. I then decided to travel down Hualalai Road to find a spot where I could observe what was causing the noise on Bolton's property. I could see a huge crusher,a loader, and a stockpile of rocks that were being brought in from outside the property. The loader was feeding the hopper of the crusher with rocks, and the crusher was making aggregate. I also observed that no water was being used to control the dust. Did you know that dust and noise has no borders? Every time the loader would back up, it made a beeping sound. At my house I have noticed that dust was accumulating on my car and window screens, and started wondering what I was breathing. Then on April 7`h I was traveling down Hualalai in the afternoon, when a huge dump truck with a Bolton insignia on the truck door pulled out in front of me, loaded with aggregate. I decided to follow the truck to see where the aggregate was being delivered. The final destination was the Kohanaiki development. After researching what permits Bolton had on Parcels 44 and 31, I discovered he had only one special use permit for a coffee visitor center on Parcel 31. Parcel 31 is just below Parcel 44. The crusher was located on Parcel 31 where the visitor center was supposed to be. I proceeded to make a formal complaint to the Kona Planning Department for an illegal base yard and illegal crushing operation. On February 19, 2016, I received from the Planning Department a copy of a warning letter sent to Dan and Janet Bolton. The warning letter stated: Immediately cease operating the crusher for commercial purposes (quarry); immediately cease the use of the property as a construction base yard; immediately cease any and all other non-agricultural businesses/activities; and removal of junk. Other findings were four Quonset type structures with no records of building permits,and an office type trailer with no record of a building permit,which also had a drain line that was dumping waste water directly on the ground. The Community Association of Hualalai represents over 500 households and roughly 2,000 residents, not including the children attending Innovations Charter School and their parents dropping off and picking up the students. The Association is concerned about noise, air pollution, increased traffic on a substandard Hualalai Road, diminished property values, negative effects on our neighborhoods, and potential health problems. To allow this heavy industrial use in our neighborhood is insane, and with the total disregard by Bolton's action affecting our way of life, The Community Association of Hualalai overwhelmingly rejects this special use permit. UNGER: Thank you. You may be seated. Marie Aguilar,Marianne Starr, Rod Quartararo— you may have to help me with that— Don Hurzeler, Rene Heimgartner and Michele Wauson. Please raise your right hand. Ma'am? Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: I do. UNGER: Thank you. Please state your name and where you reside. 9 EXHIBIT D HURZELER: My name is Don Hurzeler. I'm in the Heights at Hualalai, and I am on their homeowners' board. I've been off-island helping my 95-year old mom on the mainland, so I am kind of late to the party on this. I really, the communications about what's been going on there have—pardon me? UNGER: That's okay. You can continue and we can,introduce yourself as you testify. HURZELER: Okay. I'm sorry. UNGER: Not a problem. HURZELER: All right. So I'm trying to kind of get up to speed on this. The previous rock crushing, rock crushing, operation that's been going on this property is kind of mind-blowing to me because I thought it was a permitted thing. So this gentleman has apparently, I don't know, been operating the rock crusher down there without a permit,putting the waste water goodness knows where; everything is going to go makai from there, so I guess into the bay, with this new free organic material that he has created, it will be all over the Innovations School. I expect that their leadership will be here to testify about how their kids need to be protected. I was thrilled that the young man spoke up on behalf of his classmates. This is caused, I think, again, can't prove it, cracks on our property. It certainly has put particulate all over the place. I'm asthmatic and feel the effects of this operation. I hear the beep, beep, beep constantly, when the rock crushing is going on, of the vehicles. I hear the crushing machine going on and on eight hours a day in this residential neighborhood. It's a rock crushing operation in the middle of agricultural and homes, and it just makes no sense at all. I wonder if all the structures on the property that are there now are properly permitted. Were they ever permitted? We don't, I don't know that. But is this a person who has followed proper procedures in the past, and are they going to follow them in the future? I'm also a photographer and I travel all around this island on a very regular basis. There are hundreds, if not thousands, of square miles of lava fields on this island that don't have a structure within ten miles of them. What a wonderful place to put a rock crushing operation. Not in the middle of somebody's home. Thank you. AGUILAR: Aloha. My name is Marie Aguilar. I live at Hualalai Colony, have been there for 15 years. We developed our home and built our home on a vacant lot there. There is many testimonies today that are also part of my testimony that I've written you and I don't want to repeat that,but I would like to say a couple of things. First of all, I was a part of the dispute when there was a developer who wanted to build along the, there's four parcels that were to be built, one was already approved by the County Council and another one, Hualalai Partners, is going in, and they wanted our, the neighborhood to speak up as to what would cause us the traffic on Hualalai Road. And I spoke up and I said that there is a considerable repairs that need to be done to the highway, or Hualalai Road, and that development was not issued a standing to go forward. But I'd like to say that those people that are nearby this property have full intention to build someday, maybe luxury homes or neighborhood, and I think the closest property line to that industrial crushing operation is at least maybe.500 feet from there, and I think it's a wrong thing to do to people that want to build homes in the area. And I'm not against building, but I am against having an industrial park in a residential area. I'd like to say one thing that 10 EXHIBIT D Mr. Bolton, he has a right to go and purchase property in an industrial area, he has resources to do so, and I believe that that would be the best avenue for him, and I think because he owns the property there is not a reason for him to want to build an industrial park in the middle of a residential area. I ask you today to deny this permit,and leave the residents of Hualalai area to their property values and to their enjoyment of life. Thank you. UNGER: Thank you. STARR: Hi. Can you hear me okay? UNGER: Yeah. STARR: All right? Okay. My name is Marianne Starr. I live in Pualani Estates. I live on Ka`ane`e Place, which is the second street up from the highway, and I live at the far north end, so we are right next to the vacant property that is on the boundary of Pualani, between Pualani and Hualalai Road. And I,prior to this meeting, I tried to get some information like a map because I don't know a whole lot about this project; I just learned about it from the couple of articles that have been in the paper, so I don't have nearly as much information as most of the people who have testified. But, you know, I read 700 feet up Hualalai Road, and I'm guessing, okay, a couple of football fields or a little more, that's about where we are, and since we are at the far north end, we could be one of the closest houses in Pualani to this project. So that concerns me. I would like to know how I can get more information, but maybe I'll find out if I attend the next, you know, when Bolton shows up. And I, I have a lot of objections that I've already heard people state, so I don't want to repeat that. But there were a couple that really struck me as being important, and I'd just like to reiterate those. And I heard one person say, urge you to kind of take a step back and consider whether, to consider what the original intent was in this whole planning process that we do, and whether it's really appropriate to have an industrial project that has so much impact on the properties around it,right in the middle of residential area. And then there was a fellow, I think he was an attorney who sat at the end, who really urged you to do research, if you felt you needed to gather information about impacts like the noise and the dust, and really know what we are talking about, not just guessing because people say it's noisy. I urge you to do that, if you need to. And then I'd also like each one of you to think about like how you would feel, if you were in our house. I don't know how far we are from the boundary, but we hear noise. Put yourself in our shoes, and please take that into consideration. Thank you. UNGER: Thank you. QUARTARARO: Hi. My name is Rod Quartararo—that's how you say it. UNGER: Thank you. QUARTARARO: I might take an extra 30 or 40 seconds. I'm president of the Pualani Estates at Kona Homeowners Association. Just a little more background on it, our subdivision is made up of 363 single-family residences, and I looked up the average household size for this island, so if you take that, those number of homes multiplied it out by the 3.26 average household size; that actually takes, and we need to look at this, this takes us up to about 1,184 actual residents in our 11 EXHIBIT D subdivision. And frankly, I think that's probably a little low as far as estimates go,because we are for the most part pretty blue collar subdivision. I want to give you a little bit of my own credentials, because I've sat on your side, so I try to look at these things objectively. My credentials are at this hearing is that before moving to this island I was a member of the City of Santa Cruz's planning commission,that's in California,for 17 years. I served both its chairman, vice chairperson and a member of the commission all those times. The area I came from is very similar in many respects,except for the water temperature. We dealt with water temperature of 65 degrees, so I stayed out of the water a little bit; your water temperature is much better. But Santa Cruz is located on the Central Coast of California. Like this area here, we had the Pacific to the west, mountains to the east, we were heavily dependent on agriculture and tourism, we had a population of 52,000, and a university that brought an additional 21,000 students to our university along with the support staff. The area I came from, just as we are here, was a very environmentally conscious community, very much aware of our natural resources, constantly aware of back growth and a need to manage the growth, looking very closely at providing housing and a viable transportation system while accommodating an economy that could support the residents of our community. Projects were brought before us, our Santa Cruz City Council, or Santa Cruz City Planning Commission, and condition many times taken into account sacred Ohlone Indian burial sites. We were also very conscious of the need to reconcile industrial and residential zoning. We were always balancing those out, looking at the effects of one upon the other. We were very careful to take into consideration these effects and what it might have on the residential zoning. In my first years as a planning commissioner a long time ago I often wondered how qualified was I really to make judgements about projects before me. The language of planning was a bit overwhelming to me,because I'm sure Members of this Planning Commission especially in their first year or two can understand, and I would ask myself how qualified was I really to challenge the recommendations of the professional planning staff. And I'm bringing that up in the context of the recommendation that was made by the Planning staff. This is where public hearings and the observations and needs of the public are so, so, so very important. Reconciling the state and needs of the public with the logic and rule followed by planning staff really needs to trump everything else. We had, and you have, guidelines to follow. But common sense was a big part of the decisions we made, and a big part of your decision-making, I'm sure. At Pualani Estates we walked our neighborhoods when we saw the special use permit coming up. We asked homeowners and tenants what they thought of the proposed special use permit application before you. There were many who did not understand the technicalities to the applied-for permit, but what the overwhelming majority of the residents did understand was the following, and I'm not exaggerating. You already heard about the noise; I won't say more about that. Residents were also concerned about the increase of dust in the air. This is what residents kept repeating: Dust in the air from the quarry that existed before the stop order the end of February has continued on even subsequent to that stop order. Residents don't understand— and I haven't heard a whole lot of people talk about this part of it—how our current road system can handle the truck traffic. Staff's report states there could be ten to twenty truck loads per day. I looked a little closer at that the way I used to look at things when I had things come before me on the planning commission; ten to twenty truck loads, double that because the truck loads will become empty trucks at the end of the day or earlier, so let's imagine maybe 35 to 40 trucks 12 EXHIBIT D traveling north and south on Queen K. into and out of the uncontrolled—because there are no stop lights there—intersection at Queen K. and Hualalai Road, the requested hours of operation of 7:00 a.m. to 5:00 p.m. would find trucks leaving the proposed site at the peak morning rush hour and returning up to the site at the peak of the evening rush-hour traffic, returning to the site in the southbound direction would find no less than four-axle vehicles possibly queuing up in the southbound left-hand turn lane during the rush-hour traffic. A protected left-hand turn lane that is nowhere near adequate for the number of vehicles that could be traveling in there, and you can imagine what that would do to the flow of the traffic going south. Applicant was ordered to cease operations on the subject parcel based on an investigation by the Planning Department, and such operations were to be halted until the applicant was able to receive a special use permit for the non-compliant use of the subject property. I'm here today representing the 1,184 residents of Pualani Estates at Kona who feel now is not the time to approve a special use permit for the subject property. To the contrary, the applicant has in fact continued to use the subject property despite the County's injunction. As planning, as recently as last week, loaded trucks were seen coming and going from the subject property to work sites. I think you have pictures of those trucks; they were given to you. This egregious disregard for the order by the County should not and cannot be rewarded by an approval for the special use permit at this time. One last comment: Given the continuance, and it was more than custom in our City of Santa Cruz with a project of this type, we encouraged applicants at our meetings to go out and talk to the affected neighborhoods. Now, I know we are beyond, we're beyond the noticed area, but as others have testified, the noise, the pollution, the trucks, the traffic should extend far beyond the immediate notice area. None of us received any notice. None of us have had any conversations with Bolton, Inc. I as the president of Pualani Estates have heard nothing. And I would recommend to the Planning Commission that this continuance provide also for Bolton the opportunity to reach out to the community, and would ask the Planning Commission to strongly recommend this to the applicant that they set up a series of meetings with our community and explain to us just what they are proposing to do,how they plan to mitigate those things that we are all feeling and seeing, and clear things up with us. But there has been absolutely no communication with this applicant, as I really strongly feel there should be. UNGER: Thank you. HEIMGARTNER: Good morning again. My name is Hermann Heimgartner. I'm here as an individual. I own a house in Pualani Estates. I live on the north side of the subdivision bordering the Agricultural land. And I live with my wife and we have two kids, six and four. And I oppose the project. What I'm concerned about mostly is the noise, and there is the dust, there is the traffic impact. But the noise, as I've heard it before, there is the backhoes and other dump trucks, if some things go backwards, and they beep, beep. And if this application is allowed, I can only imagine it will get worse; there is going to be excavating, power driving, the rocks are going to have to be pushed around and jackhammered out. And most days my kids go to school and I go to my office, but there are lots of days where my kids are sick, I have a home office, they are on vacation, I'm at home. And I'm worried that when I'm at home during the week, they are going to be basically exposed to a constant noise. We don't want that, we don't 13 EXHIBIT D have that. And I'm concerned because I don't think that a noise assessment hasn't been done; I think that needs to get done. And I did a little quick Internet search on noise impact in a construction project. What I found was that different, obviously different equipment cause different decibel levels,an excavator can be up to 81 on an average decibels but it can go as high as 110 for impact power driver, and so forth. Then in this study what I then saw was that—that noise as it travels slowly gets lower, but then I think such a study needs to be done—in this study what I found, and I can give it to the members afterwards, 95 decibels at about 800 feet lower to 71 decibels, at 1,600 feet it lower to 65 decibels, and between 60 and 70 decibels sets a noisy restaurant, freeway traffic, and air-conditioning unit. I don't want to be at home during the week and have constant freeway traffic going on from this thing at that level. It's, I think it's ridiculous. I think a study needs to be done and, along with all studies regarding the dust and the traffic. Thank you for your time. WAUSON: Hi. My name is Michele Wauson. I live in Pualani Estates. I was recently elected to the board of the homeowners association. I am here to read a testimony from our board's— I'm kind of nervous, I'm sorry—our board's treasurer,Joel Cooperson. Joel said he can't be here today and asked me if I would read his testimony, so that's what I'm doing: Aloha. My name is Joel Cooperson. I am the President of Heights at Hualalai Subdivision and also the Treasurer of Pualani Estates Subdivision. I also taught public school in Kona for over 31 years. Unfortunately, I am not able to be here at this time, but I wanted to share my thoughts. Hopefully,it will not be too redundant with what's been shared before me. I am absolutely shocked that Mr. Bolton would think it was okay to have a rock crushing operation so close to a number of subdivisions and a school. While he may explain he'll be hosing to keep dust down, wink wink, as you already know, he's been cited for crushing without a permit along with construction buildings without permits. I'd say we have a bit of an integrity problem. To reward all his violations with a variance involving good neighbors and students nearby to these health hazards is absolutely unbelievable. There is no way the noise of a rock crushing operation can be quieted. He's already stated he plans on running the crushers until 5:30 at night. There is no way to quiet heavy-duty trucks from coming and going off the property. And,of course,Mr. Bolton will not shell out money to improve the substandard Hualalai Road. Never going to happen. There are industrial properties available where Mr. Bolton can knock himself out with the crushing. Or, why doesn't Mr. Bolton get a variance on a large track of land he owns by his house? Do you think that this may reduce his quality of life but the hell with everyone else? Commissioners, would you be okay with a rock crushing operation near your home? Do you think the dust and noise would not be a health and safety issue for you and your family? It baffles me that this request for a variance even got this far. I am shocked that Mr. Duane Kanuha conditionally recommended its passage without considering the impact of the lives of so many innocent residents. It is my strongest recommendation that the Leeward Planning Commission do what's best for these Kona communities and Innovations Charter School, and reject Mr. Bolton's request. Mahalo and aloha, Joel Cooperson. UNGER: Thank you. You may be seated. That's all I have signed up to testify. Is there any other members of the public that would like to testify on this matter at this time? Please come forward and speak into the mike. 14 EXHIBIT D HUSSEY: I'm Barbara Hussey from Pualani Estates. I just wanted to know that since this is going to be deferred to an additional time, those of us that were here today who would be willing to come back to hear what Bolton has to say, would we be allowed to testify again, or, since we've testified once—or could we speak again, sir? UNGER: No, you'll be able to testify again and you'll all be,all will be given notices in regard to when the next hearing will be, and you will have that opportunity again to hear from the applicant and testify as well. HUSSEY: Mahalo. UNGER: At this time, as I—please, yeah, come forward. RYAN: My name is Brent Ryan. I live in Pualani Estates, 75-6094 Paulehia Street. I apologize for not signing up in advance for this. But I'm a professional, I'm a real estate professional. I'm a Realtor in the area in Kona. And I agree with everything that has been said, but also just want to say my professional opinion that the property values will seriously be impacted, if this project is able to go through. And as a homeowner there,you know, I don't want that, and I'm sure that you would not want that happening where you live as well. Thank you. UNGER: Great. Thank you. Please come forward. SCHULMAN: My name is Ed Schulman. I submitted some written testimony to the Commission earlier today. My only question is, what is the position of the Planning Commission on the application for a contested case hearing, and do you have any intention of issuing an up-or-down vote on this proposal prior to a contested case hearing? UNGER: Mr. Patel— PATEL: Yeah, I— UNGER: — would you like to answer the legalities— PATEL: Yeah,no, we are not going to discuss that at all today. If you have public testimony you want to give, you can do that now, but— SCHULMAN: No, I'm, I'm asking, you have before you an application for a contested case hearing, I'm asking this Commission whether it intends to issue a decision on the application prior to having a contested case hearing or even ruling on the application. PATEL: So the petition for standing will be acted on first. SCHULMAN: Before ruling. PATEL: Correct. 15 EXHIBIT D SCHULMAN: Thank you. CITRON: This is for corporation counsel. Will I be allowed to get that report since it's a contested case? PATEL: Mr. Citron, is it? I'm not sure what report you are referring to,but you can discuss that with your attorney. CITRON: It's, I submitted the, with my testimony, the paperwork from corporation counsel and the letter that I wrote to Ki Emler and cc to Lee, and they denied the request. But since it is a contested case and has bearing on this particular special use permit, we deserve to have that open to the public. PATEL: Again, discuss that with your counsel. This agenda item was cancelled, so beyond public testimony we are not going to have any discussion on this. CITRON: I'm just telling you that that's— PATEL: I understand, but you can discuss that with your counsel. Thank you. UNGER: Thank you. Go ahead— ARAI: Mr. Chairman, sorry for interjecting,but we thought we heard you indicate that the people who have testified would be served notice of the, or when the hearing will be scheduled. Are you asking for a direct service to all of those who have testified today? I just want to make sure we are clear, because normally if a meeting has been cancelled to another meeting, then the applicant who made the request for continuance, will be obligated to only notify within— UNGER: Right. I was referring to the normal channels of communication. ARAI: Okay. UNGER: So as you usually proceed. ARAI: As we normally, okay, so that would be the applicant notifying within the 500-foot radius, as he did for this particular meeting, as well as publication of the agenda in the local newspapers. So just for everyone's edification we are looking at possibly scheduling this matter at the Leeward Planning Commission's next meeting on June 16, one-six. UNIDENTIFIED PUBLIC MEMBER: Pardon me, but notifying people within 500 feet is absurd; that's not nearly large enough. UNGER: At this point we'll go ahead and close the meeting. We can discuss this afterwards, so you can raise those issues with staff in regards to notification. But you will be notified pursuant to the normal procedure. Thank you. Thank you all for coming and testifying. 16 EXHIBIT D SHIMAOKA: Is it possible for me to ask the young man a question again? Can I do that before we close? I had a question that I wanted to address the young man there, the student. UNGER: Sure. Can you come up,please, yeah, and sit down and— SHIMAOKA: Your naive is Nick? WONG: Yeah. SHIMAOKA: Nick, you mentioned that your learning atmosphere was affected primarily by the noise, or do you experiencing dust at the Innovations School? WONG: I'm just worried mostly about the distractions when students are learning and when teachers are talking, because we've had, we've, we started building a new road and we've, we had lots of noise and it's really distracting from all the tractors and that kind of stuff, the big trucks and stuff, so. SHIMAOKA: So it's primarily the noise that's affecting you guys? You guys get dust up there, too? WONG: Yeah, mostly the noise. And I am a bit concerned about the dust and the health issues that occurs with that. SHIMAOKA: Okay. WONG: Because we have, our, we have more of an outdoor campus. We don't spend a lot of time inside classrooms; we go outdoors a lot. So, yeah. SHIMAOKA: Okay. Thank you. WONG: Thank you. UNGER: Thank you. Next agenda item—Commissioners, could I have a motion to close the public— KAHOLO: So move. SHIMAOKA: I second. UNGER: We have a motion by Commissioner Kaholo, second by Shimaoka, to close public hearing. All in favor? COMMISSIONERS: Aye. UNGER: Oppose? [None.] So moved. Public hearing is now closed for this agenda item. 17 EXHIBIT D The public testimony was closed at 11:47 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 18 EXHIBIT D Dacayanan, Melissa From: Robert Casparian <rcasparian@comcast.net>7916 Mny 19 Aft 6 12 Sent: Thursday, May 19,2016 5:11 AM PIJ1NINit'IC; DF."1RR4ENT To: Planning Internet Mail OUNT"r' OF HAWAII cc joelcooperson@pualaniestatesatkona.com Subject: Against: Bolton,Inc.,Special Permit Application#SPP 16-000188 Importance: High To: Leeward Planning Commission am in the process of purchasing a home in Pualani Estates(75-668 Lalii Place)which is scheduled to close on June 3Id. plan to eventually move my family from the mainland to this beautiful community. I was just made aware of this special permit application submitted by Bolton, Inc. (Special Permit Application#SPP 16-000188)and am writing this letter to express my opposition to this application. My current residence, located in Michigan,is in close proximity(Approx.0.7 miles)from an aggregate yard. I can speak with first-hand knowledge as to the excessive dust, pollution,and noise created by such an operation. In addition there is excessive road congestion, road damage, noise and pollution created by commercial trucks operating in and out of such an operation. Please reject this special permit application by Bolton,Inc. A rock crushing operation should not be located in the close proximity of residential communities. I am opposing this special permit application due to the road congestion, pollution,dust,and noise generated by a full-scale rock crushing operation. Such a site will negatively affect the quality of life of this beautiful community and property values will be negatively impacted. Thank you for your consideration, Robert Casparian 6661 River Road Marine City, MI 48039 105470 EXHIBIT 48 ' Darrow, Jeff From: Peter S.R.Olson <polson@hawaiinuilawyer.com> Sent: Thursday, May 19,2016 7:01 AM PLANt,Rlr 't'/!T"kRTM1-:NT To: Planning Internet Mail COi;N lY OF HAWAII cc 'kapulu@msn.com';Darrow,Jeff Subject: Bolton Inc SPP 16-000188 Attachments: 16.05.19.Bolton SPP160001888.pdf Good morning, attached please find Bolton Inc.'s request for continuance in its letter dated May 19, 2016. Very Truly Yours, Peter S.R.Olson Attorney I OLSON&SONS,Attorneys-at-Law,A Law Corporation 79-9516 Hawaii Belt Road,Kealakekua,HI 9675o Kona(Kealakekua)Office:808.323.2677 Waimea(Kamuela)Office:8o8.885.5471 hawaiinuila3!5mr.com I email:VDI-on(@hai,,-aiinuilamer.com CONFIDENTIAL COMMUNICATION: This communication is intended only for the person whom it is addressed and may contain confidential attorney-client communication that is privileged. If you are not the intended recipient or an agent responsible for delivery of this message to the intended recipient,then you have received this message in error,and any review,dissemination or copying of this message is strictly prohibited. If you have received this message in error,please notify us immediately by telephone and delete all copies of this message and any accompanying documents. Thank you. 105471 1 EXHIBIT 49 T.OI6 (RRY 19 AM 6 53 R-ANPNii (} I'M ENT f-0UPJT'Y' OF HAWAII OLSON & SONS Attorneys-at-Law,A Law Corporation John i:.Olson,Esq. Kana Office Waimea Office Robert R Olson,Esq. Makai of Ke'ei CaF6 High Country Traders Bldg. Peter S.R.Olson,Esq. 79-7516 Hawaii Belt Rd. 65-1291 Kawaihae Rd. www1nv.iiauaawmtom Kealakekua,Hawaii 96750 Kamuela,Hawaii 96743 808.323.2677 808.885.5471 Thursday,May 19,2016 TRANSMITTED VIA EMAIL AND HAND DELIVERY Chairperson,Leeward Planning Commission lot Pauahi Street,Suite 3, Hilo,Hawaii,9672o c/o Hand Delivery at West Hawaii Office 74-5o44 Ane Keohokalole Highway,Bldg E Kailua-Kona,9674o planning@co.hawaii.hi.us Re: Leeward Planning Commission BOLTON,INC.SPECIAL PERMIT APPLICATION No.16-000188(SPP- 16-000188)and PETITION FOR STANDING INA CONTESTED CASE HEARING by"The Community Associations of Hualalai" Hearing:May 19,2016 Dear Leeward Planning Commission, This office has just been retained by Bolton,Inc..applicant in SPECIAL PERMIT APPLICATION No.16-000i88(SPP-16-000i88).We are in receipt of a PETITION FOR STANDING INA CONTESTED CASE HEARING by"The Community Associations of Hualalai"("Petition"). Without waiving Bolton,Inc.'s objections to said Petition,Bolton,Inc.,pursuant to Rule 4-6(a), Rules of Practice and Procedure,Leeward and Windward Planning Commissions,County of Hawaii,requests a continuance of the hearing today,May 19,2oi6,before the Leeward Planning Commission. Very trul son P O in Cc:Michael Matsukawa,Esq. X05471 MICHAEL J. MATSUKAWA ATTORNEY AT LAW TERRITORIAL CENTRE, SUITE 201 75-5751 KUAKINI HIGHWAY KAILUA-KONA. HI 96740 TELEPHONE NO. 1808} 329-1385 FAX NO. 1808} 329-0512 E-MAIL kepuluuGmmsn.com May 20 , 2 016 Councilperson Dru Kanuha Councilperson Karen Eoff 74-5044 Ane Keohokalole Highway Kailua-Kona, HI 96740 RE: BOLTON, INC. SPECIAL PERMIT APPLICATION TMK (3) 7-5-17 : 44 Dear Councilpersons Kanuha and Eoff : Your constituents voiced their concerns at the May 19, 2016 public hearing on this application. what stood out were (1) the "rush" in processing the application, (2) the incomplete nature of the application and planners, investigation, (3) the absence of any request for a submission of reports on air emissions and noise, which require expertise and (4) the disregard for county plans that designate the region for residential uses (not industrial uses) . To this were added comments on the applicant' s reliability and past violations (with no enforcement) . No Supporting Expert Reports Enclosed is a matrix of concerns that I submitted, which I explain further below. First, air emissions and acoustics are subjects of experts . Planning staff never requested appropriate reports and yet make an approval recommendation without the benefit of that information. As "assurance, " county planners said the applicant must comply with all health regulations (air and noise) , which is a delegation of authority. The Planning Commission has a duty to know all facts before making a decision and cannot pass of to others its independent duty. SCANNED ` MAY 2016 By 1 � 444 EXHIBIT 50 �� MICHAEL J. MATSUKAWA ATTORNEY AT LAW Councilperson Dru Kanuha Councilperson Karen Eoff May 20, 2016 Page 2 Public Trust Doctrine The State Constitution (Article XI, Section 1) and County Charter (Section 13-29) characterize "air" as a public natural resource, subject to the scrutiny described by the Hawaii Supreme Court in Kauai Springs v. Planning Commission, 133 Haw. 141 (2014) (excerpt enclosed) . The court held that agencies cannot "pass the buck" (responsibility) to another agency, but that is what county planners did in this case, in an apparent "rush" to process the application. One Application Rather Than Two Applications There are two distinct projects proposed -- (1) flood improvements and (2) general catchall base yard activity, etc. -- but are lumped in a single application, as if one justifies the other. The application should be separated so the Planning Commission can deal with the flood improvement without feeling "obligated" to address the base yard, etc . at the same time . Matrix I submitted some "bullet points" to the Planning Commis- sion and address them with more detail. separately. I did not address the public natural resource trust because I assumed county officials would do so in light of the Hawaii Supreme Court' s ruling in the Kelly case and Judge Ibarra' s ruling in the Missler case (that require the County to do so) . If you have questions, please do not hesitate to contact me . I have submitted a copy of this letter to county planners so they will be aware of your questions to them. Thank you. You X uly Michael J. Matsukawa MJM: j f f\cooperson\council.ltl Encs . 0 9 Discussion on Subjects Set Forth in Matrix (Bullet Points) and Related Subjects THE PROPERTY According to property tax records, the landowner has enjoyed a nondedi- cated agricultural use classification for property tax purposes and its land is assessed for "pasture." If so, this is the best proof that the property is suited for the uses allowed in an agricultural district. Whether the use actually being made is as a "pasture" use is not confirmed in the planning department's February 2016 warning of violation letter. (Document 1) CHAPTER 181, HRS The State has a "strip mining law" that is triggered by the proposal. Under Section 181-1, HRS, any mineral substance (which includes rocks) is subject to the regulation except for rock or gravel "for use and used in road construction." (Document 2) The rock and processed gravel from material on site is not being used for road construction. Thus, Chapter 181, HRS applies and the landowner must obtain a permit from the Board of Land and Natural Resources (which it has not done). Shouldn't the county planning commission wait to see what the Board of Land and Natural Resources does first before taking action at the county level? DEFINITION OF "EXCAVATION" For some reason, planning officials interpret the zoning code as if excava- tion includes rock crushing. If you read the code closely, Section 25-1-5, excava- tion is defined as the removal and transport of rock and mineral substances. The act of crushing the same is not included in the definition. 1 • 0 TEMPORARY COVERED SOURCE PERMIT (Air Emission Control — Dust, Particulate Matter) Air emissions is a highly specialized field of environmental regulation. Permits are issued for what is called a "covered source," i.e., activity that generates emissions that is covered by the regulation. Because some activity is not stationary (i.e., not tied to a generator of emissions permanently located at a specific site), such nonstationary activity is regulated by a temporary permit. For example, an operator may have a batching operation that is located at different places at any given time during the year. Because of the transient nature of such activity, the operator must report to the department of health on the location and extent of its operations regularly. The health department must review all relevant information and can add conditions to the permit. In this case, the planning department included health department permit letters in the background report (Document 3), but the details of the permitted use and permitted locations are not reported. Nor was such information requested. Without this information, the permit letters are meaningless, but lend the appearance of compliance. The planning department recommends approval and asks the planning commission to make a decision without critical and necessary information on air emissions. COMMUNITY NOISE PERMIT The subject of noise is complicated. Noise depends on many factors — the activity itself, machinery employed, operating conditions, ambient conditions, topography, etc. In this case, the planning department included an existing noise permit (one year, expiring August 2016) in its background report (Document 4), but investigation shows that this permit does not extend to the proposed rock 2 crushing and base yard activity that are the subject of the application. In fact, a new noise permit is required for the proposed activity. A dispute will arise as to the applicable noise level. Some say that HAR I I- 46-4 treats noise that is generated on an agriculturally zoned parcel as being Class C noise (70 dBA day and night) regardless of its effect on surrounding lands. However, the regulation actually says that the health director may take into consideration noise occurring beyond the property line, i.e., beyond the limits of TMK 44 on which the noise is generated. (Document S) In other words, the health director should (must) examine the amount of noise leaving the landowner's property (TMK 44) and where it enters the nearby properties like Barret's PUD, Pualani Estates and other nearby residential subdivisions. This could result in the noise, though generated on an agriculturally zoned parcel (TMK 44), being treated as Class A noise (55145 dBA), which is the level for residential property. The planning department did not request a noise study for reasons unknown. Without such a study, no one can make a rational decision as to the impact of noise or the mitigative measures that should be employed. Yet, the planning department recommends approval and asks the planning commission to make a decision without critical information on noise. PUBLIC NATRUAL RESOURCES TRUST (Article XI, Section 1, State Constitution; Section 13-29, County Charter) In 1978, Hawaii voters adopted Article XI, Section 1 to the State Constitution. This provision is called the public natural resources trust doctrine. Government agencies ignored this subject for years until the Hawaii Supreme Court gave the doctrine life in the water disputes in Oahu, Maui, Kauai and 3 0 0 Hawaii, Since the Hawaii Supreme Court has ruled on this subject several times (once against the County of Hawaii), one would think this is settled law. However, the record indicates that county planning officials still refuse to adhere to the court's decisions. Why I do not know. When the planning director knowingly disregarded this subject in 2010, Judge lbarra vacated the planning director's decision on a PUD (the Missler case) and levied a monetary fine against the planning director. This action apparently has not deterred planning officials from continuing to act in disregard of the public natural resources trust doctrine. Perhaps, their belief is that the doctrine only applies to water. In fact, the doctrine applies to public land, public minerals and air. (Document 6) The planning department's background report contains no reference to this subject and, further, disregards the Hawaii Supreme Court's mandate on what planning agencies must do to comply with the public natural resources trust's constitutional demands. Arguably, the county attorneys offer no guidance on point. Further, in 2010, county voters adopted a public trust doctrine for the county (Section 13-29, County Charter, Document 7), but planning officials seem to disregard the voters' mandate as well. County officials once argued to the Hawaii Supreme Court that the county has no obligation to enforce the public natural resources trust, but the court rejected that argument. (Document 8) The trust does not prohibit the use of the protected resources, which are held by the State and county in trust for the people, but does require a responsible analysis of the issues that arise from a permit application. The agency has an independent duty for this purpose, separate and apart from the agency's normal permit functions. (Document 9) 4 ! • The Kauai Planning Commission was one of the first agencies to exercise its public natural resources trust duties in a Special Permit and Use Permit proceeding where the applicant was using land for a water bottling operation (the source of water was a former plantation aqueduct). (Document 9) The Hawaii Supreme Court took the time to explain what a permitting agency duties encompass when it deals with a public natural resources trust subject. In that case, the subject was water. The same principles apply to air. The doctrine does not prohibit development or the use of the natural resources at hand. The point is that before an agency makes a decision, it must demonstrate that it considered all relevant information and must make a finding that a particular use is reasonable and beneficial. This necessarily places an obligation on an applicant and a permitting agency to make an appropriate investigation into all relevant facts and to then balance the facts to determine if the use (or impact on) the public natural resource (air, in this instance) is reasonable and beneficial. Yet, the planning department recommends approval and asks the planning commission to make a decision without all information on air emissions and without taking steps that demonstrate that the planning commission has fulfilled its public natural resources trust obligation. DELEGATION OF DUTY TO OTHER AGENCIES The Hawaii Supreme Court has also held that an agency cannot delegate its duties to another agency. This is the Ka Paakai case, which is another Kona case. Yet, the planning department recommends that the planning commission do just that. Without any independent information before the commission on the critical subjects of noise and air emissions, the department recommends that the commis- sion approve the application and then pass the responsibility of safeguarding the 5 0 0 public against air emissions and noise to the health department. This is precisely the kind of action that the court condemned in the Ka Paakai case. (Document 10) SEPARATE APPLICATIONS (Drainage Improvements and Base Yard Activity) The landowner wants to do improvements to the drainage way on its property. No one explains why the improvements are necessary or what facts make such work necessary. The planning department makes no report on this important fact and one agency official has said that the drainage way improve- ments are "driving" the application. If the work is truly necessitated by public safety reasons (and not for the landowner's own interest), the work appears to be discrete and work that could be completed within a few months. However, the landowner also includes unrelated base yard operations into the proposed activities under the application for a undetermined period of time. In other words, the landowner says that if I have to do drainage way improvements, I may as well use the rest of my land for base yard operations (as I have already being doing in the past without permits). This additional request should be struck from the application. If the landowner truly wants to use its property as a base yard, it should file a separate application for that purpose. 6 YK • William P.Kenoi �'%" Duane Kaaluha ,y(ayor - Director Bobby Command Deputy Director west Hawaii office ESVI Hawaii Office 74-5044 Ane om,Ha lxi'i 962 0 County of Hawai.'i 101 f� o. 5tnt 9„723 lCailua-Kpca,1-Lwai'i 96740 Hiln,Hawaii 96720 Rome(808)323-4770 i'Ipne(908)961-8288 Fax(808)327.3563 PLANNING DEPARTMENT Fax(K(I$)961-8742 February 19, 2016 Daniel B. Bolton Janet T. Bolton P.O. Box 898 Kailas Kona, Hawaii 96740 Dear Mr. and Ms- Bolton: SUBJECT: Warning Letter(File No. 2015-035W) Complaint: Alleged Operation of a Quarry Alleged Construction Base Yard ZCV 2015-035W TMK: - 7:03 d 7-5-017:044 Portion of Walsha 1" to-PunipullAnul V. Nogh Kona Hawaii COMPLAINT The Planning Department received a complaint alleging that you are operating a quarry on the above referenced properties and also using the same properties as a Equipment Base Yard within the State Land Use Agricultural District and the County of Hawaii Agricultural Zoning district without Special Permits for a quarry and for a base yard at the subject properties. According to the complaint, the alleged crushing of material occurred in the morning hours and the removal of crushed material occurred in the afternoon,both on April 7, 2015. The complaint alleges that a large dump truck with the Bolton logo on the door of the vehicle left the property fully loaded with aggregate and unloaded the material onto Kohanaiki Development. BACKGROUND Our initial investigation based on a complaint has revealed the following: 1) The property is located at 75-456 Hualalai Road, is fitrther identified by Tax Map Key as 7-5-017:031 and is situated within the State Land Use Agricultural district and the County Agriculture district A-5a, (minimum 5 acres). Real property Tax Office records list Daniel B. Bolton as the fee owner of the above referenced property. This property has a land area of approximately 12.93 acres. 2) The property is identified as being Tax Map Key 7-5-017:044 and is situated within the State Land Use Agricultural district and the County Agriculture district A-la, (minimum l acres). Real property Tax Office records list Daniel B. Bolton and Janet T. Bolton as www.c4 &dgZ.co Hawai'l County is an Equal Opportantty Provider and Ernplayer pkaanirigo eodwywau.hLW Planning Dept- Exhibit— Daniel B. Bolton Janet T. Bolton Page 2 February 19,2016. the fee owners of the above referenced property. This property has a land area of approximately 23.73 acres. 3) Planning Department records indicate that a Special Permit 1047 has been granted for parcels TMK 7-5-017:031by the Hawaii County Planning Commission on February 23, 2000,to allow the establishment of a coffee visitor center containing: a coffee house, historical farm museum, orientation room, and a public spa; a building containing a general store and coffee roasting and processing mill; parking lot, and related improvements. 4) The Planning Department is in receipt of a Certified mail/letter dated June 24,2011, addressed to Mr. Daniel Balton from State of Hawaii, Department of Health Solid and Hazard Waste Branch regarding a"Junkyard", referring to solid waste in the form of concrete rubble, as well as a waste pond. In this letter, Mr, Bolton was instructed to remove all solid waste from the property and not accumulate any further solid waste on TMK 7-5-017:031. The letter also indicated that the issues for the waste pond and the leaking automotive vehicles from construction vehicles have been referred to the DOH Wastewater Branch and Hazardous Waste Section respectively. 5) "Junkyard"means an outdoor or partially enclosed area, more than two hundred square feet in size,used for storage or keeping of junk, scrap,or nonhazardous waste materials, or for dismantling or wrecking vehicles or machinery or for storage of parts resulting, there from. Chapter 25, (Zoning Code), Hawaii County Code Section 25-1-5(b) Definitions. 6) "Commercial excavation"means any excavation or removal of natural materials for profit which is not related to or not occasioned by an impending development of the site of such excavation. Chapter 25, (Zoning Code), Hawaii County Code Section 25-1-5(b) Definitions. FINDINGS 1) A site inspection was conducted on January 29, 2016 at approximately 1030 hrs by planning inspector Mr. Horace Yanagi together with Ms. Christy Logan, representative for Bolton Construction. Ms. Logan escorted our inspector throughout the properties starting where the crusher was located. Our planning inspector observed the following: a) There is a rock crusher on parcel 44. There was a pile of crushed aggregate located nearby the rock crusher.. b) Throughout the two properties consisting of parcels 31 and 44, there are construction equipment such as earth movers, office trailers,old tires and used lumber material such as old forms, plywood sheets, and other construction materials such as concrete debris from another job site,being stored on the properties, some in various stages of disrepair and covered by weeds/brush. Daniel B. Bolton Janet T. Bolton Page 3 February 19, 2016. c) There is an office type trailer that has been set in place without building permit on parcel 31 (north side)of the property. A drain line from the office type trailer has been installed that dumps its waste water directly on the ground. (photo available) d) There is an office type structure that is located on parcel 44 that is being covered by weeds/shrubs. 2) A follow-up site inspection was conducted on February 3, 2016 at approximately 1515 hrs, with Ms. Logan on the above properties with Planning Department staff consisting of Planner Ms. Deanne Bugado, Planning Inspector Mr. Randy Lovato and Planning Inspector Mr. Horace Yanagi. This site inspection was conducted to clear up some misconceptions as to what is presently occurring on the property and to discuss possible mitigation measures which could be taken. The Planning Department staff observed the following: a) A backhoe has been parked next to the pile of crushed aggregate that was not there during the last inspection on January 29,2016. Ms. Logan told our planning inspectors that she is not aware of where the crushed material came from, nor was she aware of where the material was going to be hauled . b) There are 4 metal warehouses and a Quonset type structure built on the property. Records do not indicate that these structures have been issued building permits. WARNING This letter serves as a Warning, informing you that you may in violation of Chapter 25, Hawai`i County (Zoning) Code for the reasons stated below. We want to give you the opportunity to disprove the complaint or take necessary corrective action listed below. To respond to the complaint you must do one of the following by the "Deadline Date" of April 30,2016. If: (a) you are not operating the crusher for commercial purposes(Quarry), (b) you are not using the properties as a construction base yard (storing construction equipment), and(c) you d2 M have a junk yard on the above referenced properties,then you are requested to do the following: 1. Provide in writing to our office by the"Deadline Date" Attention Mr. Horace Yanagi, Planning Inspector with the following: a) A statement that you are not operating a crusher for commercial purposes(Quarry) on the subject property(the removal of material from an oft-site location, crushing on- site, followed by the hauling of the crushed material to an off- site location). b) A statement that the crusher on the subject property is there for the sole purpose of crushing excess excavated material from the subject property for use on the subject property that it came from. c) A statement that there is no "junkyard"on the above referenced property. Daniel B. Bolton Janet T. Bolton Page 4 February 19,2016. 2. Contact our planning inspector listed at the end of this letter to arrange a time on or before April 30, 2016,to have the property inspected to verify compliance. a) Include a statement granting permission for our inspector to come onto your property to verify that there are no zoning,violations. Indicate in your statement whether or not your property is posted with "Keep Out", "Private Property",or"No Trespassing" signs. If: (a) you are operating the crusher for commercial purposes (Quarry), (b) you are us the property as a base yard(storing construction equipment), and(c) there are junk on the subject properties without an approved Special Permit for a quarry,base yard, and or a junk yard, then you are requested to do the following.- 1. ollowing:1. Immediately cease operating the crusher for commercial purposes(quarry). a) This is to include ceasing the hauling of aggregate material from the subject property where it was crushed to a different off-site property other than where the raw uncrushed material came from. 2. Immediately cease the use of the property as a construction base yard. 3. Immediately cease any and all other non-agricultural business's 1 activities from the subject properties now and in the future without first acquiring all necessary/proper permits required by the Hawai'i County Codes. 4. Remove all of the"junk" from the above referenced properties by the Deadline Date stated above_ 5. Provide in writing to our office by the"Deadline Date"(Attention: Mr. Horace Yanagi, Planning Inspector)the following: a) A statement that you have stopped operating the crusher for commercial purposes (Quarry)on the above referenced properties. b) A statement that you have CEASED the use of the properties as a construction base yard on the above referenced properties. c) A statement that you have removed all of the"junk" from the above referenced properties. d) Include a statement granting permission for our inspector to come onto your property to verify that there are no zoning violations. Indicate in your statement whether or not your property is posted with "Keep Out", "Private Property", or"No Trespassing" signs. 6. Should you feel that it is necessary that you conduct a Commercial I Industrial type Quarry operation(Surface mining and sales of the resulting products) and should you feel that it is necessary to continue the use of storing construction equipment (construction base yard)on the above referenced properties then submit an application for a special permit that would allow for the creation of a(Quarry) and would allow for the use of the properties as a construction base yard. Daniel B. Bolton Janet T. Bolton Page 5 February 19, 2016. 7. Contact our planning inspector listed at the end of this letter to arrange a time on April 30, 2016 or sooner,to have the property inspected to verify compliance. Upon receipt of your letter and after our satisfactory review we may close this complaint process with no formal action depending on the evidence that you provide to this office. GENERAL INFORMATION What happens if you do not correct the alleged violation? If your letter is not received by the"Deadline Date" listed above,then your property will be further investigated and the observations evaluated; if a violation is determined to exist, you may be issued a"Notice of Violation and Order" where an initial Civil Fine along with daily fines will be assessed, and legal action may be taken against you. Can you get a time extension to have more time to correct the violation? if you know you cannot complete the corrective action by the "Deadline Date", you may want to submit a "request for a time extension"before the"Deadline Date", Provided that the fo owln conditions are me 1. Describe in detail what corrective actions you have completed prior to requesting this time extension. 2. Submit a detailed schedule for the amount of additional time necessary and the date in which you expect the alleged violation to be fully corrected. 3. A time extension will not be granted if you do not provide in detail what corrective actions have been completed prior to the deadline date,nor will the mere submission of a time extension request guarantee the approval for the request. Should you acquire the services of an attorney/counsel,or a Professional Consultant to represent you,then you are required to also submit a letter authorizing the attorney/counsel, or Professional Consultant to act as your agent. Should you have questions regarding Hawaii County Zoning Code, please contact Planner Ms. Deanne Bugado, and for questions regarding completion of the Corrective Actions or payment of fines please contact Planning Inspector Mr. Horace Yanagi at the West Hawaii Office at 323-4770. Si cerely, N UANE NUHA Planning Director HTY-BM: hty HIWARNNGU6oltan 7-5-17-31 and 441Waming issued rev 3S.doc Daniel B. Bolton Janet T. Bolton Page 6 February 19, 2016. Electronically copied. No hard copy to follow. Mr. Dwayne Inouye, Building Division,West Hawai'i Office Mr. Luis Chavira, Building Division,West Hawaii Office Mr. Wayne Saiki, Electrical Division, West Hawai'i Office Mr. Steve Tossman, Plumbing Division, West Hawaii Office Mr. Dane Hiromasa, Department of Health Waste Water Branch Real Property Tax Office,West Hawaii Civic Center Mr. Horace Yanagi, Planning Inspector Cc: West Hawai'i TMK File � � 2 2 § 181-1 CONSERVATION AND RESOURCES § 181-1 SUBTITLE 3. MINING AND MINERALS CHAPTER 181 STRIP NUNMG Sec. Sec. 181-L Definitions. 181-7. Termination, revocation of permit; 181-2. Powers of board. release. 181-3. Prohibitions. 181-8. Appeal. 181-4. Application for permit;fee. 181-9. Penalty;injunction. 181-5. Bond. 181-10. Funds. 181-6. Reclamation. K Cross references.—As to reservation and disposition of government mineral rights, see Chapter 182. I § 181-1. Definitions. Whenever used in this chapter, unless a different meaning is plainly required by the context: "Board" means the board of land and natural resources. "Mineral" or "minerals" means any or all of the oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits whether solid, gaseous, or liquid, in, on, or under any land; but does not include sand, rock, gravel, and other materials suitable for use and used in road construction. "Operator"means an individual,firm,or corporation engaged in strip mining operations. "Pit" means a tract of land of which the surface soil has been removed or is being removed or is proposed to be removed for mining. "Strip mining" means mining of mineral by uncovering therefrom the surface soil above mineral deposits and mining directly from the mineral exposed for the purpose of carrying on a business of mining or selling mineral removed by the process. Definitions and rules of construction stated in chapter 1 apply. History. L Sp 1959 2d,c 1,§ 21;am L 1961,c 192,§ 2; L 1957,c 161,§ 2;am L 1959,c 20,§ 1;am Supp, § 98C-2;HRS§ 181-1. LEGAL PERIODICALS University of Hawaii Law Review. Comment, Ownership of Geothermal Re- sources in Hawaii, 1 U.flaw.L.Rev.69(1979). 616 § 181-2 STRIP MINING § 181-3 § 181-2. Powers of board. (a) The board of land and natural resources shall grant upon application therefor being made under section 181-4 a permit to strip mine, and may modify, suspend, revoke, or cancel the permit for cause as set forth in subsection (b) of section 181-4. The board shall also have full power and authority to carry out and administer this chapter and may designate one or more agents to act in its stead. (b) The boad on its own motion whenever it has reason to believe cause therefor exist may, and upon the sworn complaint in writing of any person setting forth cts which, if proved, would constitute grounds for refusal, suspension,rev ation,or cancellation of a permit,shall investigate the acts or omissions of any person holding or claiming to hold a permit under this chapter or any acts or omissions of any person constituting a violation of this chapter. (c) The board may enter upon the lands of any operator at any time for the purpose of inspection to determine whether this chapter has been complied with.For such purpose the board shall have access to all parts of the land upon which the pit is located and may use any right-of-way or easement available to the operator over any adjoining land. (d) This chapter shall apply to the public lands of the State to the extent that they are not inconsistent with the laws of Hawaii relating to public lands. Nothing contained in this chapter shall be construed to limit, restrict, or otherwise affect the powers of the board over the public lands of the State as provided by the laws of Hawaii relating to public lands. (e) Notwithstanding any act relating to forest reserves and water reserves, this chapter shall apply to mineral lands in such reserves. No act hereafter approved shall be deemed to repeal any provision of this chapter unless so specifically provided. History. Cross references.—As to public lands,see L 1957,c 161,§ 3;am L 1959,c 20,§ 2;am Chapter 171. L Sp 1959 2d,c 1,§ 21;am L 1961,a 132,§ 2; Supp, § 98C-3; HRS § 181-2. § 181-3. Prohibitions. (a) It shall be unlawful for any person to engage in strip mining without first obtaining from the board of land and natural resources a permit so to do,in the : i�. form hereinafter provided. (b) It shall be unlawful for any operator to cause or permit any poisonous or noxious matter to be discharged into any stream or shore water in such manner as to constitute a public nuisance. History. L Sp 1959 2d,c 1,§ 21;am L 1961,c 132,§ 2; } L 1957,c 161, § 4; am L 1959,c 20,§ 3;am Supp, § 98C-4;HRS§ 181-3. r' � E 617 • • 3 FILE COPY • ,MLT... UNCIA L190a C MttUM1E L FUMO.MLU. 0[M1cXW OF M•MMe odowrw of WALT" Initials STATE OF HAWAII Mailed Out JUN 2 9 �tD DEPARTMENT Of HEALTH 194"' .Tarlo P.O.Box 3378 F1W HONOLULU,HAWAl1 gMi-3378 June 28,2010 10-475E CAB Mr, Stan Marks Compliance Officer Bolton, Inc. 73-4173 Hulikoa Drive Kallua-Kona, Hawaii 96740 Dear Mr. Marks: Sub)ect: Renewal of Temporary Covered Source Permit No.0481-01-CT Bolton, Inc. 475 TPH Portable Stone Processing Plant with 330 HP Diesel Engine and 480 HP Diesel Engine Generator Located at: Various Temporary Sites,State of Hawaii Due to the Department's current backlog of permits,the processing of your renewal application has been delayed until after the permit expiration date of June 28,2010. In accordance with Hawaii Administrative Rules§11-60.1-B2(b),the following will be In effect. 'The covered source permit shall remain valid past the expiratlon date and the covered source shall not be in violation for falling to have a covered source permit, until the director has Issued or denied the renewal of the covered source permit, provided: (1) Prior to permit expiratkm, a timely and complete renewal application has been submitted and the owner or operator acts consistently with the permit previously granted,the application on which it was based, and all plans, specifications,and other information submitted as part of the application." As your renewal application was submitted on a timely basis and has been deemed complete, your covered source permit will remain valid past the expiration date of June,28,2010. If you have any questions, please call Mr. Keith McFall on my staff at(808) 686-4200. Sincerely, WILF D K. MAGA NE Manager,Clean Air Branch KM,nn 1 • a� f ITv Law � STATE OF 14AWAii DEPARTMENT of HEALTH P.O.Bm 33ra HONOI ULU,HAWAR W01-3378 June 29, 2005 CERTIFIED MAIL 05-611 E CA8 RETURN REGEIPT R_ EQU9S1D File No. 0481-03 (7004 0550 0000 1474 37'26) Mr. Dan Bolton Vice President Bolton, Inc. P. 4. Box 898 Kailua-Kona, Hawaii 96745 Dear Mr. Bolton: Subject: Temporary Coverer! Source Permit(CSP) No.0481-01-CT Application for Renewal and Significant Modification No. 0481-03 Bolton, Inc. 475 TPH Portable Stone Processing Plant Located at: Various Temporary Sites,State of Hawaii initlal Location: TMK: (3) 7-3-9: 39,Intersection of Queen Kaahumanu Highway and NELHA Access Road, Kaliva-Kona, Hawall Expiration: June 28,2010 The subject temporary covered source permit Is issued In accordance with Hawaii Administrative Rules (HAR),Title 11, Chapter 60.1. The Issuance of this permit is based on the plans and specifications that you submitted as part of your application dated October 27, 2004_ This permit supersedes CSP 0481-01-CT issued on November 6, 2000, in its entirety. The temporary covered source permit is issued subject to the oonditionstrequirements set forth In the following Attachments: Attachment 1: Standard Conditions Attachment 11: Special Conditions Attachment 11 - INSIG: Special Conditions-Insignificant Activities Attachment ill: Annual Fee Requirements Attachment IV: Annual Emissions Reporting Requirements The forms for submission are as follows: Compliance Certification Annual Emissions Report Form: Stone Processing Monitoring/Annual Emissions Report Form. Fuel Certification &Operating Hours Monitoring Report Form: Visible Emissions Change of Location Request for a Temporary Source � r �� 4 A O C µ n m z 0 O C: 0 n zEn M n m p N -4 m o Q T 4o U z C� e $ z n MZ � M o O 3a x n Z 12n I I � I!b x7 z mM U O ' o ° m O o w fri x�aryl roOWN �Av 0on ° o a a � o rt o z B n n Z z C � � -4w t 0 � 21 Dd + y � µ N O � �� O � C � � F t m o d13 o W w �� r Z = rra C z 3 m . I IwW. rn c g off'1 rq z �1 M qd c az O X u. r c f�- 5 §11-46-4 §11-463 i n of,�pnir�„ iQrr �. This section shall describe the zoning districts as specified in Table 1, maximum permissible sound levels in dBA, found in section 11-46-4, and as provided in section 11-46-4 : (1) Class A zoning districts include all areas equivalent to lands zoned residential , conservation, preservation, public space, open space, or similar type . (2) Class B zoning districts include all areas equivalent to lands zoned for multi-family dwellings, apartment, business, commercial, hotel, resort, or similar type , (3) Class C zoning districts include all areas equivalent to lands zoned agriculture, count fndustr}'al, or similar type. (Bff �� Z 3 1991 l (Ruth: HRS 5§342F-3 , 342E•-31) (Imp: HRS 99342F-3, 342F-31) §11-46-4 1 u v (a) The maximum permissible sound levels specified in Table 1, as provided in this subsection and in section 11-46-3, shall apply to the following excessive noise sources : stationary noise sources; and equipment related to agricultural, construction, and industrial activities . Table 1 . Maximum permissible sounds levels in dBA. Zoning Districts Daytime Nighttime 7 Class A 55 45 Class B 60 50 Class C 70 70 (b) The maximum permissible sound levels in Table 1, as provided in subsection (a) , shall apply to any excessive noise source emanating within the specified zoning district, and at any point at or beyond (past) the property line of the premises in a manner deemed 46-7 1969 • � s Art. XI, § I STATE CONSTITUTION Art. X1, § 1 ARTICLE XI CONSERVATION, CONTROL AND DEVELOPMENT OF RESOURCES Revision note.—This article was redes- ment of Resources," by the Constitutional ignated from Article X, "Conservation and Convention of 1978 and the election on Development of Resources," to be Article Nov 7, 1978. The former Article XI now ( XI, "Conservation, Control and Develop- appears as Article XII, CONSERVATION AND DEVELOPMENT OF RESOURCES. Section 1. For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land,water,air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State. All public natural resources are held in trust by the State for the benefit of the people. History. other natural resources."This deletion ap- Add Const Con 1978 and election Nov 7, pears to be one of the unspecified changes 1978• submitted for ratification under Question 34. On whether any of the changes sub- Revision note.—A proposal of the 1978 mitted under Question 34 was in fact Constitutional Convention deleted former approved by the electorate, see Kahalekai section 1 of the old Article X,which read: v. Doi, 60 Haw. 324, 590 P.2d 543, 1979 "Section 1. The legislature shall promote Haw. LEXIS 93 (1979), excerpted in the the conservation, development and utili- note preceding the Preamble to the Con- zation of agricultural resources, and fish, mineral, forest, water, land, game and stitution. NOTES TO DECISIONS Public trust doctrine. — Haw. Const. trine.In re Water Use Permit Applications, Article X1, §§ 1 and 7 adopt the public 94 Haw. 97, 9 P.3d 409, 2000 Haw. LEXIS trust doctrine as a fundamental principle 255 (2000). of constitutional law in In re Water Use Pursuant to Haw.Const.Art.XI, § 1,Haw. Permit Applications, 94 Haw. 97, 9 P.3d Const.Art.XI,§7,Hawaii Homes Commis- 409, 2000 Haw. LEXIS 255 (2000). sion Act§220(d), and HRS §174C-101(a), The state water code and its implement- a reservation of water constitutes a public ing agency do not override the public trust trust purpose. In re Wai'ola 0 Molokai, doctrine or render it superfluous; rather, Inc., 103 Haw.401,83 RM 664,2004 Haw, the doctrine continues to inform the LEXIS 60(2004). code's interpretation, define its permis- No distinction between ground and sible outer limits,and justify its existence, surface water.—The public trust doctrine and the code therefore does not supplant applies to all water resources, regardless the protections of the public trust doc- of their immediate source, and therefore 378 Section 13-29. Conservation of Natural and Cultural Resources. For the benefit of present and future generations, the county shall conserve and protect Hawai`i's natural beauty and all natural and cultural resources, including but not limited to land, water, air, minerals, energy sources, wahi pana, surf spots, historic sites, and historic structures, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the county. All public natural and cultural resources are held in trust by the county for the benefit of the people. (2010, Prop. 6, sec. 1.) 224 111 SAN REPORTS 1194 (2005) (citing Watland v. Lingle, 104 The County's power under general Jars Hawaii 128, 139, 85 P.3d 1079, 1090 (2004)), with respect to its public trust duty to pri Thus we have stated as follows: tect the natural water resources of the Stas [Iln interpreting a constitutional provision, can be found in HRS chapter 1800 (199 the words of the constitution are presumed entitled "Soil Erosion and Sediment Coi to be used in their natural sense . . , unless trol." HRS § 184C-2(a) provides that"[tli the context furnishes some ground to con- county governments, in cooperation with ti trol, qualify or enlarge them. We have soil and water conservation districts and otl long recognized that the Hawai'i Constitu- er appropriate state and federal agencie tion must be construed with due regard to shall enact ordinances for the purpose the intent of the framers and the people controlling soil erosion and sediment." (En adopting it, and the fundamental principle phasis added.) The ordinances require in interpreting a constitutional principle is must,at a minimum: to give effect to that intent. This intent is (1) Be based on relevant physical and d to be found in the instrument itself. velopmental information concernit When the text of a constitutional provision the watersheds and drainage basins is not ambiguous, the court, in construing the county and/or State including bi it, is not at liberty to search for its mean- not limited to data relating to land us ing beyond the instrument. soil, hydrology and geology, sire ,Save Sunset Beach Coalition v. City&Coun- land area being disturbed, approxima ty of Honolulu, 102 Hawai'i 465,474, 78 P.3d water bodies and their characteristic 1, 10 (2003) (emphasis added) (citations, in- transportation, and public facilities ai ternal quotation marks, and brackets omit- services. ted) (2) Include such survey of land and wate as may be deemed appropriate by t] The plain language of article XI, section 1 county or required by any applicab is clear and unambiguous. It provides that law to identify areas including mul "the State and its political subdivisions shall jurisdictional and watershed areas wi conserve and protect Hawaii's natural beauty critical erosion and sediment prablerr and all natural resources[.]" Haw. Const. Art. XI, section 1 (emphasis added). Under (3) Contain standardsfir various types A article VIII, section 1, entitled "Creation, soil and land uses, which standar Powers of Political Subdivision," "[tlhe legis- shall include criteria, techniques, ai lature shall create counties, and may create 'methods for the control of erosion ai other political subdivisions within the State, sediment resulting front land di8tu7 and provide for the government thereof ing activities. Each political subdivision shall have and ex- (4) Include a provision whereby standar ercise such powers as shall be conferred un- shall be deemed met if it can be shm der general laws." Haw. Const. Art. VIII, that the land is being managed see. 1 (emphases added). Hence, as PKO accordance with soil conservatir observes, pursuant to article VIII, section 1 practices acceptable to the applical of the Hawaii Constitution, the County is a sail and water conservation district c political subdivision of the State. According- rectam, and that a comprehensive co ly, PKO is correct in stating that "as a servation program is being active political subdivision of the State of Hawaii, pursued. the public trust duties imposed on the[Spate HRS § 180C-2(b) (emphases added) under[alrticle XI, section 1, also apply to the Thus, contrary to the County's position, t County." plain language of article XI, section 1 ma 23. "Land disturbing activity" is defined under defined in pertinent part under the same stau HRS§ 18OC-1 (1453), in pertinent part as "any as"all waters,fresh,brackish or salt,around a land change which may result in soil erosion within the State, including, but not limited from water or wind and the movement of sedi- coastal waters[.)"Id.(emphasis added). ment into state waters[.]" "State waters" are KELLY v. 1250 OCEANSIDE PARTNERS 225 Cite 111 Itawail 205 (Hawaii 2006) dates that the County does have an obli- 244 (1904), n,ffartned, 197 U.S. 348, 25 S.Ct. gation to conserve and protect the [Sltate's 491,49 L.Ed. 787(1905))). natural resources. Coupled with the State's As noted in Waiahole I, in discussing ard- power to create and delegate duties and re- XI, section 7 of the Hawaii Constitution?s sponsibilities to the various counties through the delegates to the 1978 Constitutional Con- the enactment of statutes, the County's duty vention elaborated on the public trust doc- s to conserve and protect is clear, trine at length. The delegates proposed to C replace the language "[all] waters shall be held by the State as a public trust for the The County, however, relies on the last people of Hawaii[,]" with the phrase "[tlhe sentence of article XI, section l which meads State has an obligation to protect, control, that "[alll public natural resources are held and regulate the use of Hawaii's water re- in trust by the State for the benefit of the sources for the benefit of its people." In people," (emphasis added), in arguing that it rejectingthe notion that has "no attendant obligations" under the public trust o as gations are coincident with ownership, it was public trust doctrine and that public trust stated as follows: responsibilities arise out of the "sovereign's I believe that this amendment clarifies the ownership." As stated by the County in its intent of the original committee proposal. reply brief, "[tlhe omission of 'counties' as Mang) questions have arisen itith, regard trustee is plain and unambiguous, in context" to the term "public trust" as used in the and that "[p]lainly, the State and not the original prnposnl, and this amendment is Counties, hold the trust res, and the trust meant to clarify what I believe was stated duties."2a in the committee report—that is, that the I [131 In support of the interpretation of issue of water mtmership was not meant to article XII, section 1 we have adopted,supra, be affected by the, proposal. The original this court "may look to the object sought to proposal and this amendment do no pur- I� be established and the matters sought to be port to give the State ownership of all + remedied along with the history of the times water. However, since the term "public and state of being when the constitutional trust" in some people's minds connotes provision was adopted." City & County of ownership, I have introduced this amend- Honolulu v. Ariyoshi, 67 Haw. 412, 419, 689 ment to provide alternative language for P.2d 757, 763 (1984) (citing State v. Kahl- consideration. basin, 64 Haw. 197, 638 P.2d 309 (1981)). Debates, in 2 Proceedings, at 857 (statement Moreover, this court has stated that "a con- by Delegate Fukunaga) (emphasis added). stitutional provision must be construed in Thus, as recounted in the debates and noted connection with other provisions of the in- in Waiahole 1, "the delegates deleted an strtcment, and also in the light of the circum- express reference to the'public trust' in [a]r- stances under which it was adopted and the ticle XI, section 7 because of'some confusion history which preceded it." Waiahole I, 94 generated by the [thought that] . .. 'trust' Hawaii at 131, 9 P.3d at 443 (emphasis add- implies ownership.'" 94 Hawai'i at 132 n.29, ed) (quoting Hauxii'i State. AFL-CIO v. Yo- 9 P.3d at 444 n. 29 (quoting Comm. Whole spina, 84 Hawaii 374, 376, 935 P.2d 89, 91 Rep. No. 19, in 1 Proceedings, at 1026). To (1997) (quoting Carter v. Gear, 16 Haw. 242, clarify the matter of ownership, the Waia- 24. The County does not argue that an ambiguity water conservation, quality and use policies; exists in article XI, section I of the Hawaii define beneficial and reasonable uses; protect Constitution. ground and surface water resources,watersheds 25. Article XII, section 7 of the Hawaiiand natural stream environments; establish Cnnslitu- criteria for water use priorities while assuring tion states as follows: appurtenant rights and existing correlative and The State has an obligation to protect, control riparian uses and establish procedures for regu- awd regulate the use of Ifawaii's water mTourees for the benefit of its people. The legislature !sting all uses ofHawaii's water resources. (Emphases added.) shall provide Fora water resources agency which, as provided by law, shall set overall 0 2261 11 HAWAI'I REYOR9 hole I court stated that "public rights under VII. the trust do not constitute state 'owner- ship'[,]" id. (brackets omitted) (citing Illinois [14] With respect to the County's argu- Cent., 146 U.S. at 452, 13 S.Ct. 110, and n1ent (2), PKO failed to meet its burden to Robinson, 65 Haw. at 674, 858 P.2d at 310). show that the County violated its public trust It was also observed that "the delegates 0)' duties. The County specifically challenges plained that they had used 'public trust' x- the courts conclusion no. 14.26 According to describe the duty of the State to actively and the County, "the record is lacking in substan- affirmatively protect, control and regulate tial, probative evidence to sustain key factual water resources' and, in place of that term, matters which the [Plaintiffs]had the burden substituted languageof proving(,] including (1) What the waters e that they believed fully off [the Property] are in fact Class AA wa- conveyed the theory of the public trust." Id. tern(]" (2) "[t]hat the objectionable runoff (emphasis in original) (brackets and internal into the waters off [the Property] in fact ,t quotation marks omitted). came from [the Property] and were caused I Hence, it appears that the proponents of by IOceanside's] grading [activities]," (3) amendments to article XI intended to impose "[t]hat there was a lack of reasonable erosion upon the State and its political subdivision an control measures at [the Property]," (4) affirmative duty to preserve and protect the "[t]hat the actions or inactions of[the Coun- State's water resources. Cf. Waiahole I, 94 ty) caused any damage to the coastal wa- Hawai`i at 133 n. 31, 9 P.3d at 446 n. 31 ters," and (5) "[t]hat the [County] ha[s] any (rejecting the contention that the reference duty, in issuing and monitoring ministerial in article XI, section 1 to "public natural grading and grubbing permits, to take affir- resources" indicates an intent to exclude mative action to make pre-permit or post, "privately owned waters" from the public flood event assessments of the specific effect trust inasmuch as "apart from any private of development on coastal resources."27 rights that may exist in water, 'there is as PKO's arguments that substantial evidence there always has been, a superior public in- exists as to points(1), (2), and (5)are persua- terest in this natural bounty"' (quoting Rob- sive. However, as the County argues,points inson, 65 Haw. at 677, 658 P.2d at 312)). (3) and (4) are unsupported by the record. Accordingly, the County's argument that it has "no attendant obligations" under the A. public trust doctrine and that public trust (15,16] As to its point (1), the County responsibilities arise out of state ownership does not challenge the court's finding no. 15 only is not correct. We therefore hold that that the"ocean waters bordering the subject the County has a duty, as a political subdivi- property are classified as Class AA open sion of the State, to protect the waters locat- coastal waters pursuant to Title 11, Chapter ed adjacent to the Property. 54, amended Administrative Rules of Water 26. To reiterate, the court's conclusion no. I4 filed its September 30, 2002 "Notice of Submis- states as Follows: sion of Findings of Fact and Conclusions of Law None of the permits, approvals or authorize- Regarding The Trial on Counts II and V."In that tion documents issued by the [DOH] and [the document, the County proposed that the court Countyl required a prior assessment on the enter the Following conclusion of law: effect of [Oceanside's) permitted activities on CONCLUSIONS OF LAW pristine waters off[the Property]. The pollu- If it should be determined that any of these tion of the adjacent coastal waters were caused Conclusions of Law should have been set forth by [Oceanside's) ground altering activities al- as Findings of Fact, then they will be deemed lowed and approved by the [DOH] and Jibe as such. ' County]. The[DOH?and [the County] did not act prudently by not affirmatively requiring an 2. PKO has failed to establish that Defen- 4 assessment prior to permit approvals or an dams Lee and County breached their public assessment after the runoffs. trust duty to PKO who use, or would use, and . enjov the t:tarine waters and other natural re- 27. The, County points out that it specifically ob- sources associated with it. jetted to the lack of substantial evidence when it (Emphases added.) o: i; s � q s Yr �` KAUAI SPRINGS v. PLANNING COWN OF KAUAI Cite as 133 Ilawai'i 141 (2014) 171 Commission's consideration of the three per- To address Kauai Springs' contentions, we } mits into a single application that the Plan- first address general principles and factors ning Commission would render a decision that an agency must consider when reviewing V upon by January 31, 2007, Kauai Springs a permit for the use of a public resource, and therefore assented to an extension of the then examine whether a decision to deny time frame for decision on the Use and CIass permits can be predicated upon the lack of IV Permits, and the Planning Commission information. Second, we consider whether timely rendered its decision on all threeer- the permits were denied upon mits.21 p were "unreasonable, arbitrary and grounds capri- cious." Third, we determine whether the B. case should be remanded to the Planning Commission for clarification of its findings of 1 fact and conclusions of law in accordance The second issue raised by Kauai Springs' with the public trust doctrine. Application is whether the ICA gravely erred in remanding the case to the Planning Com- mission for additional findings. Kauai a. Springs Questions whether a permit can be The Hawai'i Constitution "adopt[s] the denied "for reasons every court concluded public trust doctrine as a fundamental princi- were unreasonable, arbitrary and capricious" ple of constitutional law[.]" Waiahole 1, 94 "[w]hen an agency has the opportunity to Hawaii at 1S2, 9 P.3d at 444. Article XI, make every inquiry of an applicant that it section 1 declares that "all public resources desires," and whether that agency"can claim are held in trust by the state for the benefit that its own process was lacking[]" when of its people" and mandates that the "State " that denial is challenged. The application and its subdivisions shall conserve and pro- also challenged the ICA's determination that tett"the State's water resources 22 (Empha- the circuit court failed to recognize the Plan- sis added). Article XI, section 7 reiterates ning Commission's duties under the water that"[t]he State has an obligation to protect, resources public trust. Essentially, the Ap- control and regulate the use of Hawaii's wa- plication contends that, given that the ICA ter resources for the benefit of its people." agreed with the circuit court that the Deei- [27-29] "In Hawaii, this court has recog- sion and Order was arbitrary and capricious, nized . . . a distinct public trust encompass- remand is unwarranted, ing all the water resources of the State."M onstrated that he was aware of the automatic Planning Commission timely rendered its deci- approval rules,by stating that Kauai Springs was sion,we do not address this argument. not attempting to have the Planning Commission open the matter for reconsideration in order to 22- Article XI, section I of the Hawai'i Constitu- 1 argue that the Planning Commission was in vio- tion provides: 1� C lation of the automatic approval rule and that the For the benefit of present and future genera- 1 application was therefore deemed approved: tions, the State and its political subdivisions J "We are not trying to have you open it today and shall conserve and protect Hawaii's natural then argue that that's an automatic approv. beauty and all natural resources, including al[jWle want to get this right. We believe there land, water, air, minerals and energy sources, are important issues to be resolved. We are not and shall promote the development and utiliza- trying to sneak anything by here." Counsel and tion of these resources in a manner consistent the Planning Commission both agreed that Kauai with their conservation and in furtherance of Springs could agree to an extension of the Janu- the self-sufficiency of the State. ary 31 deadline if the request for reconsideration All public natural resources are held in trust by i1 was granted. the State for the benefit of the people. 23. "The public trust in the water resources of 21. Amici contend that "deeming Kauai Springs' this state .., has its genesis in the common law." applications 'automatically approved,' ... would Waiahole 1, 94 Hawaii at 130, 9 P.3d at 442. wrongly penalize ... the public trust and ... See King v. Oahu Ry, & Land Co., 1 1 Haw. 717, therefore, run afoul of the constitution...." In 715 (Hawai'i Rep.1899)(holding that "[t)he peo- light of our determination that Kauai Springs Ole of Hawaii hold the absolute rights to all its assented to an extension of the time frame for navigable waters and the soils under them for decision on the consolidated permits and the their own common use," and "[tlhe lands under 172 133 HAWAII REPORTS Waiahole 1, 94 Hawai'i at 133, 9 P.3d at 445. [33--35] As the public trust arises out of a [41, "[T] he public trust doctrine applies to all constitutional mandate, the duty and authori- prote( water resources without exception or distinc- ty of the state and its subdivisions to weigh trust tion." Id. at 133, 9 P.3d at 445 (emphasis competing public and private uses on a case- rights added). "The state water resources trust by-case basis is independent of statutory gain•90 thus embodies a dual mandate of 1) protec- duties and authorities created by the legisla- at 450 tion and 2) maximum reasonable and benefi- Lure. "[T]he public trust doctrine at all is to 1 tial use." Id., 94 Hawaii at 139, 9 P.3d at times forms the outer boundaries of permis- rights 451. The public trust is, therefore, the duty Bible government action[.]" Id. at 132, 9 privat and authority to maintain the purity and flow P.3d at 444, (quoting Kootenai Envtl. Alli- fundai of our waters for future generations and to ante v Panhandle Yacht Club, Inc., 105 Ida- and tl assure that the waters of our land are put to ho 622, 671 P.2d 1085, 1095 (1983)). There- not or, reasonable and beneficial uses. Waiahole I, fore"mere compliance by agencies with their a "big 94 Hawaii at 138,9 P.3d at 450. ployec legislative authority" may not be sufficient to vale c b determine if competing uses are properly 454 [30] Certain ."fundamental principles" balanced in the context of uses protected by provide a framework for the state's "authorti- the public trust and its foundational princi- ty and duty to preserve the rights of present pals. Waiahole 1, 94 Hawaii at 132, 9 P.3d (43- and future generations in the waters of the at 444, with i1 state." Id. at 141, 9 P.3d at 453. 1& As a under first principle, the authority of the State and c, serve its political subdivisions precludes any grant ations or assertion of vested rights to use water to [36-00] The purpose of the state water I, 94 the detriment of public trust purposes(]"and resource public trust is to protect certain agent; "empowers the state to reexamine any prior uses. Our jurisprudence has referred to ing, p: use." Id. Under this first principle, no per- these protected uses as the"purposes"of the in the son or entity has automatic vested rights to water resource public trust; in this context and d+ water. "protected use" and "purpose" are synony- P.3d a 0'f [31] Second, the public trust creates an mous. See Waiahole 1, 94 Hawaii at 136, 9 posed "affirmative duty' of the State and its politi- P.3d at 448 (equating purpose and use). We use"s cal subdivisions "to take the public trust into have recognized four such protected uses. the pr 7 account in the planning and allocation of First, "the maintenance of waters in��their and pi water resources, and to protect public trust natural state constitutes a distinct use that The a uses whenever feasible." Id. (emphasis in the public trust protects-2A Id at 136, 9 P.3d favor original) (footnote omitted) (quoting Nat'l at 448. Second, the public trust protects resour Audubon Society v. Superior Court of Alpine domestic water use, in particular, protecting P.3d a Cnty., 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 an adequate supply of drinking water. Id. at [47- P.2d 709, 728 (1983) cert. denied, 464 U.S. 13647, 9 Rad at 449--50. Third, the public place 1 977, 104 S.Ct. 413, 78 L.Ed.2d 351 (1983)). trust protects the use of water in "the exer- the pr [321 Lastly,there are no"absolute priori- cine of Native Hawaiian and traditional and purport ties" between uses under the public trust, so customary rights[.]" Id. at 137, 9 P.3d at wai'i a the state and its subdivisions must "weigh 450. Lastly, the reservation of water emu- cants competing public and private water uses on a merated by the State Water Code constitutes and, case-by-case basis," according to any stan- a protected use under the public trust. knowl( dards applicable by law. Waiahole 1, 94 Wai'ola 0 Maloka'i 103 Hawaii at 431, 83 from 1 Hawaii at 142,9 P.3d at 454. P.3d at 694. If they the navigable waters in and around the territory hole 1, 94 Hawai'i at 136-37, 9 P.3d at 448-49. one of of the Hawaii Government are held in trust for See also Reppun v. Bd. of Water Supply, 65 Haw. then t the public uses of navigation") (citations omit- 531, 560 in, 20, 656 P.2d 57, 76 n. 20 (1982) ted). (citing article Xl,section 1 of the Hawaii Consti- there i 24. "This disposes of any portrayal of retention of tution as an acknowledgment of the public inter- harm waters in their natural state as 'waste.'" Waia- est in "a free-flowing stream for its own sake"). reques KAUAI SPRINGS v. PLANNING COM'N OF KAUAI 173 Clteae 133 Hawail 141 (2014) (41,421 Private commercial use is not beneficial. Kukui (Molokai), Inc., 116 Ha- protected by the public trust. "[T]he public w—a- 'i at799, 174 P.3d at 338. trust has never been understood to safeguard [501 The applicant is "obligated to dem- rights of exclusive use for private commercial gain." Waiahole 1, 94 Hawai'i at 138, 9 P.3d onstrate affirmatively that the proposed [use] at 450. The very meaning of the public trust [will] not affect [a protected use], in other is to recognize separate and enduring public words, the absence of evidence that the pro- rights in trust resources superior to any posed use would affect [a protected use] [is] l private interest. Id In accordance with the insufficient[.J" WaVola O Molokai, 103 Ha- fundamental principles of the public trust wai'i at 442, 83 P.3d at 705 (emphases in and the fact that private commercial use is original). See also Kukui (Molokai), Inc., not one of the uses the public trust protects, 116 Hawai'i at 509, 174 P.3d at 348 ("[ T] he a "higher level of scrutiny" is therefore em- [Water Commission's] conclusion that'no evi- ployed when considering proposals for pri- dente was presented' . .. that the [protected vete commercial use. Id. at 142, 9 P.3d at use]would be adversely affected erroneously 454. shifted the burden of proof[.]") [511 Additionally, the applicant must d. demonstrate the absence of a practicable al- [43-46] When an agency is confronted ternative water source. Waiahole 1, 94 Ha- with its duty to perform as a public trustee wai'i at 161, 9 P.3d at 473. The applicant's under the public trust doctrine, it must pre- proposed use must be denied if the applicant serve the rights of present and future gener- does not show that there is no practicable ations in the waters of the state. Waiahole alternative water source. Id at 161 n. 65, 9 I, 94 Hawaii at 141, 9 P.3d at 453. AIL, P.3d at 473 n. 65. "Such a requirement is agency must take the initiative in consider- intrinsic to the public trust." Id.; see also Ing, protecting, and a vaneing public rights Kukui (Molokai), Inc., 116 Hawaii at 496, in the resource at every stage of the planning 174 P.3d at 335 ("The [agency] cannot fairly and decision-making process. Id. at 143, 9 balance competing interests in a scarce pub- P-3d at 455. The agency measures the pro- lie trust resource if it renders its decision posed use under a"reasonable and beneficial prior to evaluating the availability of alterna- 1 use"standard,which requires examination of tive sources of water."). the proposed use in relation to other public and private uses. Id, at 161, 9 P.3d at 473. [521 Lastly, if the impact is found to be The agency must apply a presumption in reasonable and beneficial, then in light of the favor of public use, access, enjoyment, and cumulative impact of existing and proposed resource protection. Id„ at 142, 154 n. 59, 9 diversions on trust purposes, the applicant P.3d at 454,466 n.59. must implement reasonable measures to miti- [47-49] The agency is dui-bounto gate this impact. Waiahole 1, 94 Hawai'i at d place the burden on theapplicant to justify 143, 161,9 P.3d at 455,473. tfi_e_P_rop`o`s­ecT`water use in light of the trust [531 When an agency or other deciding Purposes. Kukui (Molokai), Inc., 116 Ha- body considers an application for permits wai'i at 490, 174 P.3d at 329. Permit appli- under circumstances that requires the decid- cants must demonstrate their actual needs, ing body to perform as a public trustee to and, within the constraints of available protect a public trust resource,the agency or M' knowledge, the propriety of draining water other deciding bodX must make findings $ - from public streams to satisfy those needs. fcient to enable an appellate court to track Waiahole 1, 94 Hawai'i at 162, 9 P.3d at 474. the steps that the agency took in reaching its If there is a reasonable allegation of harm to decision. Kilauea Neighborhood Assn, 7 one of the uses protected by the public trust, Haw.App. at 230, 751 P.2d at 1034. An then the applicant must demonstrate that agency is encouraged to be clear; "clarity in there is no harm in fact or that any potential the agency's decision is all the more essential harm does not preclude a finding that the . . where the agency performs as a public requested use is nevertheless reasonable and trustee and is duty bound to demonstrate ALI 174 133 HAWAI'I REPORTS that it has properly exercised the discretion b. The agency must determine whether vested in it by the constitution and the stat- the proposed use is consistent with the ute." Waiahole 1, 94 Hawaii at 158, 9 P.3d trust purposes: at 470(quotation marks omitted), i. the maintenance of waters in their # natural state; e. ii, the protection of domestic water use; Under the foregoing principles and pur- iii. the protection of water in the exer- poses of the public trust,it is manifest that a cise of Native Hawaiian and traditional government body is precluded from allowing and customary rights; and an applicant's proposed use to impact the iv. the reservation of water enun]erat- public trust in the absence of an affirmative ed by the State Water Code. showing that the use does not conflict with c. The agency is to apply a presumption those principles and purposes. Therefore, in favor of public use, access, enjoyment, the applicant is `obligated to demonstrate and resource protection. ' affirmatively that the proposed [use] [will] d. The agency should evaluate each pro- not affect [a protected use]," Wai`ola O Mo- posal for use on a case-by-case basis, loka`4 103 Hawai'i at 442, 83 P.3d at 705 recognizing that there can be no vested (emphases omitted). In other words, "the rights in the use of public water.21 absence of evidence that the proposed use e. If the requested use is private or com- would_affect [a protected use] [is] insuffi- mesial, the agency should apply a high tient[.]" Id, (emphasis added). Kauai level of scrutiny.29 Springs has asserted "the public trust doc- f. The agency should evaluate the pro- trine imposes a duty to assess, but does not posed use under a "reasonable and benefi- empower an agency to deny an application tial use" standard, which requires exami- simply because it claims it lacks information nation of the proposed use in relation to within its power to obtain, thus shifting the other public and private uses.SO burden to the applicant." However, contrary Applicants have the burden to justify the to Kauai Springs' assertion, a lack of infor- proposed water use in light of the trust mation from the applicant is exactly the rea- purposes at son an agency is empowered to deny a pro- a. Permit applicants must demonstrate posed use of a public trust resource. their actual needs and the propriety of draining water from public streams to sat- f' isfy those needs.3 " To assist agencies in the application of the b. The applicant must demonstrate the public trust doctrine, we distill from our pri- absence of a practicable alternative water or cases the following principles:25 source.33 a. The agency's duty and authority is to c, If there is a reasonable allegation of maintain the purity and flow of our waters harm to public trust purposes, then the for future generations and to assure that applicant must demonstrate that there is the waters of our land are put to reason- no harm in fact or that the requested use able and beneficial use.26 is nevertheless reasonable and beneficial.-' 25. We provide this framework for assistance and 30. Id.at 161,9 P.3d at 473. do not indicate that it is mandatory or that it precludes other analytical approaches that are 31. Kukui(Molokai),Inc., 116 Hawaii at 490, 174 consistent with the public trust doctrine. P.3d at 329. 26. Waiahole 1, 94 Hawaii at 138, 9 P.3d at 450. 32. Waiahole 1, 94 Hawaii at 162, 9 P.3d at 474. 27. Id.at 142, 154 n.59,9 P.3d at 454,466 n.59. 28. !d. at 141, 9 P.3d at 453, Kukui (Molokai), 33. Id.at 161,9 P.3d at 473. Inc., 116 Hawaii at 490, 174 P.3d at 329. 34. Kukui{Molokai},Inc., 116 Hawaii at 499, 174 29. Waiahole 1, 94 Hawaii at 142, 9 P.3d at 454. P.3d at 338. KAUAI SPRINGS v. PLANNING COM'N OF KAUAI 175 Cite as 133 Hawai'1 141 (2014) d. If the impact is found to be reasonable a. and beneficial, the applicant must imple- In COL 114, the Planning Commission con- ment reasonable measures to mitigate the eluded that the record was devoid of evidence cumulative impact of existing and proposed that Kauai Springs or its commercial water diversions on trust purposes, if the pro- supplier(s) had legal standing to extract or posed use is to be approved.15 sell the water on a commercial basis. 4. There is no substantive evidence that 3. the Applicant has any legal standing and [541 In this case, the parties do not dis- authority to extract_ and sell the water on a pute that the Planning Commission had pub- commercial basis. He trust duties.36 Therefore, the Planning (Emphasis added). In accordance with the Commission was "duty-bound to place the public trust doctrine,it was clearly within the burden on the applicant to justify the pro- exercise of the Planning Commission's au- posed water use in light of the trust purposes thority to require Kauai Springs to affirma- and weigh competing public and private wa- tively demonstrate its right to extract water, ter uses on a case-by-case basis, requiring a which depended on Kauai Springs' commer- higher level of scrutiny for private commer- cial supplier(s) having legal authority to sell cial water usage." Waiahole 11, 105 Hawai'i the water to Kauai Springs. at 16, 93 P.3d at 658 (quotation marks and [55] A fundamental principle of the pub- brackets omitted). lic trust doctrine precludes assertion of prior The ICA recognized, and we concur, that uses or vested rights to use water to the "[ t10 its credit, the Planning Commission detriment of public trust purposes. Waia- took seriously its public trust duty . .. by, hole 1, 94 Hawai'i at 141, 9 P.3d at 453. The inter alia, investigating the water source and Planning Commission's requirement that the transmission of the water, seeking com- Kauai Springs demonstrate its "legal stand- ment from a number of county and state ing and authority" is therefore consistent agencies, and holding several hearings and with the Planning Commission's duty and authority to reexamine"any prior use and seeking input from the community related to Kauai Springs' application for the permits." revisit prior diversions in order to "pre- Kauai Springs, 130 Hawaii at 431, 312 P.3d servo the rights of present and future gener- ations in the waters of this state:' Id. The at 307. It is also apparent that the Planning burden imposed by the Planning Commission Commission applied a high level of scrutiny won Kauai Springs to demonstrate its legal when it examined Kauai Springs' proposed Private commercial use.37 authority to the proposed use was a properly imposed affirmative obligation. See, e.g., We now address the question as to wheth- Wai'ola O Molokai, 103 Hawaii at 442, 83 er the findings and conclusions of the Plan- P.3d at 705 (holding that an applicant is ning Commission, viewed in the light of the "obligated to demonstrate affirmatively that duties and authority mandated by the public the proposed [use] [will]not affect[a protect- trust,were arbitrary or capricious. ed use]"). Further, the Planning Commis- 35. Waiahole 1, 94 Hawaii at 143, 161, 9 P.3d at In its Application, Kauai Springs does not 455,473. challenge the ICA's conclusion that the Planning Commission had a duty to consider Kauai 36. The ICA held that the circuit court's COLs Springs' water usage in reviewing its permit ap- 163 (record was "devoid of any evidence that Kauai Springs['] existing or proposed uses might Plication. Rather, Kauai Springs argues that the affect water resources subject to the public ICA erred in vacating the circuit court's COLS Plan- trust"), 171 and 172 (suggesting that Planning because the circuit court recognized the Plan- Commission "may" have public trust duties in ning Commission's public trust duties and cor- this case) were "incorrect in that they do not rectly found that the Planning Commission ful- recognize the Planning Commission's public filled these duties. trust duty to consider and review Kauai Springs' water usage in its water bottling operation." 37. It is undisputed that Kauai Springs'use of the Kauai Springs, 130 Hawaii at 423, 312 P.3d at public trust resource was commercial. 299. KAUAI SPRINGS v. PLANNING COM'N OF KAUAI 17? Cite as 133 Hawal'i 141 (2014) to be accomplished within the framework of Waiahole I, 94 Hawai'i at 132, 162, 9 P.3d at Kauai's General Plan. Kauai's General Plan 444,474 (emphasis added); Kukui(Molokai), provides that Kauai's county governments Inc., 116 Hawai'i at 490, 174 P.3d at 329. will "practice careful stewardship of the is- land's land and waters" and manage the In light of the Planning Commission's con- "high mountains, forested watershed areas stitutionally-mandated duties under the pub- the ocean and coral reefs, [and] beaches . . lie trust doctrine to require the applicant to as part of the public lands trust." Kauai demonstrate the propriety of the proposed General Plan at 2,3. Therefore, neither the use, and the requirements of the Use Permit Use Permit nor the Special Permit could be and Special Permit to protect the environ- issued if issuance would not be in keeping ment, water, and natural resources, the first with careful stewardship of the island's wa- statement in COL 53 correctly states that ters. the permitting process"should insure that all The purpose of the Use Permit, according applicable requirements and regulatory pro- to the CZO, "is to assure the proper inte- cesses relating to water rights, usage, and gration into the community of uses which sale are satisfactorily complied with prior to may be suitable only in specific locations in a taking action on the subject permits." district .. . and to prohibit such uses if prop- er integration cannot be assured." KCC Kauai Springs "should carry the burden of § 5--20.1.Additionally,the CZO provides that a Use Permit and Class IV Zoning Permit proof that the proposed use and sale of the may only be granted if the Planning Commis- Fater does not violate any applicable law sion finds that the proposed use or activity administered by[the Water Commission],the "will not cause any substantial harmful envi- PUC or any other applicable regulatory ronmental consequences on the land of the agency" should not be read in a vacuum. applicant or on other lands or waters, and The ICA found that "any other applicable will not be inconsistent with the intent[of the regulatory agency" created "an obscure and . CZO] and the General Plan." KCC § 8-20.5. indefinite burden of proof' that is "open- Therefore, the Planning Commission could ended as to the 'applicable law[.]'" Kauai not issue the Use Permit unless it found that Springs, 130 Hawaii at 431,312 P.3d at 307. issuance would not cause substantial harmful Here, the Planning Commission in its FOF environmental consequences to the water. found specific applicable requirements and Relevant to the Special Permit, HRS regulatory processes relating to water rights § 205-6 provides that the Planning Commis- that were,in fact,unsatisfied, sion may only grant the special permit for " In November 2006, the Planning Commis- certain unusual and reasonable uses" within sion sought input from other agencies in the agricultural district "when the use would order to determine Kauai Springs' "authority Promote the effectiveness and objectives" of and right to obtain and extract the water for HRS Chapter 205. The express purpose of commercial purposes." As a result of this HRS Chapter 205 is to conserve "water re- _ sources and land." Curtis v. Bd of Appeals, effort, the Planning Commission found that Cnty, of Naw., 90 Hawaii 384, 396, 978 Ptd there may be outstanding regulatory 822, &34 834 (1999) (citing Hae. Stand. Comm. cesses .. . that [Kauai Springs] must satis- fy."fy." In particular, the Planning Commission Rep. Na. 395,in 1961 House Journal, at$ found that there may be unsatisfied regulato 56). Therefore, the Planning Commission was required to deny the Special Permit if ry requirements from the Water Commission issuance was contrary to the protection of and the PUC. I& natural resources. The Planning Commission was informed As previously discussed, the Planning by the Water Commission of three potential- Commission also had duties under the public ly applicable permits implicated by Kauai trust independent of the permit require- Springs' proposed use of the public trust tnents,including the duty to place the burden resource. First"[g]round-water withdrawals on the applicant to demonstrate "the propH- from [Kauai Springs' proposed use] may af- ety of draining water from public streams[.]" fect streamflows, which may require an in- i 10 50 94 HAWAII REPORO Section III.A. (describing group members' misses the point. These issues must be ad- tori( testimony as to various cultural resources dressed before the land is reclassified. esm within the petition area). In rendering its In Hui Alaloa, this court held that, con_ stat, findings and conclusions, the LUC failed to trary to statutory mandates, the Maui Plan- SMI assess any of this potentially relevant testi- ning Commission impermissibly delegated its gtah mony regarding possible effects on or impair- authority to determine whether a develop. (D.0 ment of Ka Pa`akai's members' traditional ment complied with the policies and ohjec. cater and customary practices" tives of the CZMA to the applicants for a allov If the practice of native Hawaiian rights special management area permit. In that the being exercised will be curtailed to some case, following testimony on behalf of all the ties); extent by the land use reclassification and parties, the planning commission granted n• 3 the resulting development, the LUC is obli- permits to two developers "conditioned upon dele€ gated to address this. Indeed, the promise retention of a qualified archaeologist to con- ties[• of preserving and protecting customary and duct a further survey and excavation of the F,2d traditional rights would be illusory absent area, and to `prepare a written report to 704 1 findings on the extent of their exercise, their maximize information retention through merr. impairment, and the feasibility of their pro- preservation or salvage of significant ar- (D.0 Lection. Requiring these minimal prerequi- chaeological sites and to provide a plan for Com, sites facilitates precisely what the 1978 Con- protecting, restoring, interpreting, and dis. inter stitutional Convention delegates sought; playing historical resources either preserved dentl "badly needed judicial guidance"and the"en- on or salvaged from the subject areas."' Id ment {Cita, forcement by the courts of these rights[.]" at 137, 705 P.2d at 1044. The planning corn- U S See Stand. Comm. Rep. No. 57, in I Pro- mission also directed one petitioner's archae- (1989 ceedings of the Constitutional Convention of ologist to determine the significance of vari- Hawai`i of 1978, at 640. See also Pete De- ous archaeological sites, and required both He fence Fund, 73 Haw, at 619-20, 837 P.2d at petitioners to "eliminate all grading or con- the p 1271 ("[I]n reaffirming these rights in the struction impact on any significant archaeo- w ' Constitution, your Committee feels that bad- logical sites prior to salvage and preserva- mapp ly needed judicial guidance is provided and tion. Id found enforcement by the courts of these rights is On appeal, this court first identified the its R] dinate guaranteed.") (Quoting Stand. Comm. Rep. CZMA's objectives and policies of "identi- right` No.57,in 1 Proceedings of the Constitutional fy[ing]and analyzing]significant archaeolog- tr.adit Convention of Hawaii of 1978,at 640.) ical resources; maxitniz[ing] information re- tention through preservation of remains and 34. L 4. The LUC improperly delegated its artifacts or salvage operations; and sup- cern a'; duty to KD. porting] State goals for protection, restora- proji [23] KD argues, however, that Hawaiian tion, interpretation, and display of historic find rights are adequately protected because the resources." Id at 135, 705 P.2d at 1043 initi' LUC's Condition No. 18 requires KD to (citing HRS § 205A-2(c)(2)(A)-(C) (brackets aper q � g guar "preserve and protect any gathering and ac- added)). We emphasized that a specific find- state cess rights of native Hawaiians who have ing that the developments are consistent writi customarily and traditionally exercised sub- with the CZMA's objectives of protecting and neY� sistence, cultural and religious practices on preserving historic kid pre-historic re the subject property." KD further maintains sources—must first be made before a SMA Case that its conceptual RMP will adequately pro- permit can be issued. Id. (citing Mahuik4 ahup tect any such rights. This wholesale delega- 65 Haw. 506, 654 P.2d 874). We therefore made tion of responsibility for the preservation and concluded that "[tjhe determination whether Lind, trate protection of native Hawaiian rights to KD,a the development complies with the policies cone, private entity, however, was improper and and objectives of the CZMA regarding lis- [Li Mr 33. Aside from a finding on scientifically-identi• ambivalent as to what the potential impact on Ka fied archeological sites in the petition area, see valued cultural resources might be. pla FOF No, 78, the LUC's findings are, at best, les: KA PA'AKAI O KA'AINA v. LAND USE COM'N 51 Cite as 94 Hawai'1 31 (2000) )e ad- torical and archaeological significance was, in verbatim adoption of KD's conceptual RMI' essence,left to the applicants contrary to the and KS/BE's future study, without any anal- con- statutory command governing the issuance of ysis of the project's impact, violates the Plan- SMA permits." Id. See also Idaho v. Inter- LUC's duty to independently assess the im- ed its state Commerce Comm n, 35 F.3d 585, 596 pacts of the proposed reclassification on such ielop- (D,C.Cir.1994) (agency impermissibly abdi- customary and traditional practices.4 More- ib'ea- cated its regulatory responsibility where it J over, such balancing of the developer's inter- for a allowed a private licensee, alone, to assess ests with the needs of native Hawaiians that the total environmental impact of its activi- should have been performed, in the first ll the ties); Sierra Club v. Sigler, 695 F.2d 957, 962 mted n. 3 (5th Cir.1983) ("Wri agency may not instance, by the LUC. upon delegate its public duties to private enti- Second, as indicated,the LUC granted the con- ties[•]") (Citing Sierra Club v. Lynn, 502 boundary reclassification conditioned upon f the F.2d 43, 59(5th Cir.1974)), rehearing denied KD preserving and protecting "any gather- r744 F.2d 1251 (5th Cir.1983); Illinois Com- ing and access rights of native Hawaiians augh coerce Comm'n v I.C.C., 848 F.2d 1246, 1258(D.C.Cir.1988) (The Interstate Commerce who have customarily and traditionally exer- ar- cised subsistence,cultural and religious prac- I for Commission"may not delegate to parties and tic the property." Pursuant to intervenors its own responsibility to indes on e suley epen- ] p dis dently investigate and assess the environ- our decision in PASH, the petitioner's obli- rved mental impact of the gation to allow access for traditional and Imo, p proposal before it. } (Citations omitted.), certiorari denieai, 488 customary practices continues to the extent h Jia -m- U.S. 1004, 109 S.Ct. 783, 102 L.Ed.2d 775 that these practices can reasonably co-exist (1989). with the development of the property. 79 f batiHere, as in Hui Alaloo, the delegation of Hawaii at 451, 903 P.2d at 1272. In the both the protection and preservation of native Ha- instant ease, the boilerplate language in Con- con- w�practices to KD under KD's RMP was dition No. 18 confers upon KD the unfettered seo authority inappropriate. As noted above, the LUC y to decide which native Hawaiian eta found that KD "will develop and implement" practices are at issue and how they are to be its RMP, which "would in the future, coor- preserved or protected. Moreover, Condi- the dinate development with native Hawaiian tion No. 18 addresses only such native Ha- 'ntl- rights to coastal access for the purpose of waiian rights as are left enforceable after the log- traditional cultural practice.sd The LUC's development is complete, at some undeter- re- and 34. Leimana Damate, of KHCC, expressed con- maybe where an Hawaiian place could be cre- cern that, although KHCC and other native Ha- ated within that ahupua'a at some point in up- waiian groups were informed of the proposed time, perhaps not in this area but in another tra- project early on, KHCC was "concerned ... to place within the akupua'a. )ric find out that the permitting process would be Q; Are there any other areas along the shore- 043 initiated a mere three months after we were line in the ahupua'a, assuming this project is ets approached. At this time there is no formal approved, are there any other areas in the guarantee either in the environmental impact Ka'upulehu ahupua'a along the shoreline that nd- statement, in writing from the landowner,or any will not be developed? ent written document from the developer stating that [Lindsay]: We're looking at the salt area, Ka- md the Kona Hawaiian Civic Club will be a part of laeman[o],as an area that is to remain the way re- any such plan." it is and possibly as an area which could be 2A Moreover, as the testimony at the contested right now it's described as a recreation area, case hearings reveals, only a draft of KSIBE's My thought is that it should be described as a kt, ahupua'a plan was available at the time the LUC pu'uhonua, a special refuge place for our peo- ire made its decision. The testimony of Robert ple to come to practice the traditions that Lindsay, representative of KS/BE, further illus- relate to salt gathering or other practices or lerLindsay, the conditional and uncertain nature of the traditions that could be appropriate for this ies conceptual plans; place. is- [Lindsay]: If I may respond this way to your, Mr. Powell, I think that Ka'upulehu as—or 33. It is also important to note that neither the an Ka'upulehu as an ahupua'a is a very very big boundaries of the Resource Zones contained in Place and, you know, I've talked with our the RMP,nor the specific uses in each zone have lessee along the way about opportunities been established. 0 94 HAWAI'i RATS 52 mined time and under indeterminate circum- native Hawaiian practices would be pre. stances.86 served and protected by the proposed devel- Specific considerations regarding the ex- opment—prior to any specific findings and tent of customary and traditional practices conclusions by the LUC as to the effect of and the impairment and feasible protection of the proposed reclassification on such prac- those uses must f"trst be made before a peti- tices—the LUC failed to satisfy its statutory tion for a land use boundary change is grant- and constitutional obligations. In delegating ed. The power and responsibility to deter- its duty to protect native Hawaiian rights, mine the effects on customary and traditional the LUC delegated a non-delegable duty and native Hawaiian practices and the means to thereby acted in excess of its authority, We protect such practices may not validly be therefore remand this case to the LUC for delegated by the LUC to a private petitioner the limited purpose of entering speck find- who, unlike a public body, is not subject to ings of fact and conclusions of law, with public accountability. Allowing a petitioner further hearing if necessary, , regarding: (1) to make such after-the-fact determinations the'identity and scope of `valued cultural, may leave practitioners of customary and historical, or natural resources" in the peti. traditional uses unprotected from possible tion area, including the extent to which tradi- arbitrary and self-serving actions on the peti- tional and customary native Hawaiian right.9 tioner's part. After all, once a project be- are exercised in the petition area; (2) the gins, the pre-project cultural resources and extent to which those resources—including practices become a thing of the past. traditional and customary native Hawaiian With the aforementioned framework in rights—will be affected or impaired by the mind, see supra Section III.B.2., and based proposed action; and (3) the feasible action, on history and precedent, we hold that, inso- if any,to be taken by the LUC to reasonably far as the LUC allowed KD to direct the protect native Hawaiian rights if they aro manner in which customary and traditional found to exist.1 36. Equally problematic, the LUC did not estab- obtain conventional financing, as is common lish a procedure by which native Hawaiians are practice in the development industry. Kinzler able, before actual construction begins, (1) to further testified that he expected that sales reve- obtain an indication from KD as to which native nues from the initial phase to be used to finance Hawaiian practices it considers "traditional or subsequent development phases, customary" or (2) to enforce those rights once According to the LUC's findings, KD's manag- found. ing partner's parent company filed consolidated In addition,we cannot discern from the LUC's financial statements showing its earnings, reve- decision any requirement that KD present to the nues, and cash flow. The LUC also entered a LUC for final approval KD's completed and final finding reflecting Kinzler's testimony as to the RMP, including any proposal for protecting tra- possible alternative means of Financing the pro- ditional and customary native Hawaiian rights, ject. See supra Section I. Thus, in view of rely able, probative, and substantial evidence on the 37. PTP further contends that the LUC erred in whole record, the LUC did not err in relying on relying on KD's financial disclosure under HAR KD's financial disclosure. § 15-15-50(c)(8). HAR § 15-15-so(0(8) re- Ka Pa'akai submits that the LUC improperly quires that all petitions for boundary amendment relied on the DLNR's comments, which were by private entities and individuals provide "a based on unofficial standards and criteria. Ka clear description of the manner in which the Pa'akai specifically contends that the LUC im- petitioner proposes to finance the development,a properly utilized the DLNR's October 4, 1995 statement of petitioner's current financial condi- comment on the petitioner's archaeological sur- tion, including petitioner's latest balance sheet vey, the testimony of James Bell, Anne Mapes, and income statement[J" and Paul Rosendahl, and archaeological reports, From our view of the record,the LUC did not all of which were based on the DLNR's unpub- err in determining that KD had submitted the lished "draft" rules, because such evidence was requisite evidence relating to the financing of the not"reliable"or"probative." We disagree. development. During the contested case hear- Ka Pa'akai has failed to demonstrate that the ing, Alex Kinzler, KD's president, testified to LUC improperly relied on the DLNR's comments various alternative means of financing the initial based on unpublished "draft" rules. As the cir' phase (Phase I) of the proposed development. suit court correctly recognized, "DLNR was According to Kinzler's testimony,one alternative merely one of a number of agencies and persoru would be the formation of a joint venture with an given an opportunity to comment during the independent developer. The other would be to LUC proceedings. FIRS § 6E-42. The LUC is , KA PA'AKAI O KA'AINA v. LAND USE COM'N 53 Cite ar 94 Hawai'1 Al (2000) IV. CONCLUSION satisfy its statutory and constitutional obli- The State and its agencies are obligated to gations• protect the reasonable exercise of customari- ly and traditionally exercised rights of Ha- We therefore vacate the LUC's grant of KD's petition for land use boundary reclassi- waiians to the extent feasible. PASH, 79 kation and remand to the LUC for the Hawaii at 460 n. 43, 903 Ptd at 1271 n. 43, limited purpose of entering specific fundings As the state legislature's recent observations and conclusions, with further hearing if nec- sured, resulting in both the loss of vital cul- Inake clear, this protection has not been en- essary, regarding: (1) the identity and scope tural resources and the interference with the of "valued cultural, historical, or natural re- exercise of native Hawaiian rights. sources" in the petition area, including the extent to which traditional and customary For the reasons set forth above, we hold native Hawaiian rights are exercised in the that: (1) the circuit court did not err in petition area; (2) the extent to which those concluding that K$ Pa'akai and PTP had resources—including traditional and custom- standing under HRS § 91-14; (2) the LUC ary native Hawaiian rights—will be affected did not err in relying an KU's financial dis- or impaired by the proposed action; and (3) closure; (3) the LUC did not err in relying on the comments of the DLNR; and (4) the the feasible action, if any, to be taken by the circuit court did not err in failing to specifi- LUC to reasonably protect native Hawaiian cally rule on four of Ka Pa'akai's points of rights if they are found to exist. error on appeal. We hold, however, that the LUC's findings of fact and conclusions of law w are insufficient to determine whether it ful- o s[E1+:MSER SYSTtM filled its obligation to preserve and protect customary and traditional rights of native Hawaiians. The LUC, therefore, must he deemed, as a matter of law, to have failed to not required by law to give any specific defer- the LUC abused its discretion by electing to ence, weight or exclusive consideration to consider the subject of 'cultural resources' by DLNR's comments and, in the absence of such adjudication, rather than rule-making." More- comments, would still be able to render a deci- over, it concluded that, .1[a]s to the issue of sion." Thus, the LUC permissibly relied on the whether the LUC improperly considered com- comments of the VLNR. ments from another agency,the[DLNR,]because Ka Pa'akai's final contention that the circuit DLNR has allegedly failed to promulgate specific ourt failed to specifically rule on four of its rules on cultural resources pursuant to HRS Points of error on appeal is without merit. Con. Chapter 6E, the record reveals no error or im. ll Crary to Ka Pa'akai's argument, the circuit court propriety." See also supra Section 1. sufficiently set forth the bases for its affirmance Accordingly, in view of the record before us, of the LUC's decision. For example, the circuit the circuit court's findings and conclusions are court stated in its conclusions of law that sufficient to disclose to this court the steps by "[t]here has been no showing by Appellant that which it reached its ultimate conclusion. i ?016 111Y 20 PM 2 12 ?LANHI-1C=" CF-pARTMENT HAWAII Aloha, rCOUN�f-Y UIF My name is Joel Cooperson. 1 am the President of Heights at Hualalai Subdivision and also the Treasurer of Pualani Estates Subdivision. 1 also taught public school in Kona for over 31 years. Unfortunately 1 am not able to be here at this time, but I wanted to share my thoughts. Hopefully it will not be too redundant with what's been shared before me. 1 am absolutely shocked that Mr. Bolton would think it was OK to have a rock crushing operation so close to a number of subdivisions and a school. While he may explain he'll be hosing to keep dust down (wink, wink). As you already know, he's been cited for crushing without a permit along with construction buildings without permits. 1'd say we have a bit of an integrity problem. To reward all his violations with a variance involving good neighbors and students nearby to these health hazards is absolutely unbelievable. There's no way the noise of a rock crushing operation can be quieted. He's already stated he plans on running the crusher(s) until 5:30 at night. There's no way to quiet heavy duty trucks from coming and going off the property. And of course, Mr. Bolton will not shell out money to improve the substandard Hualalai Road. Never going to happen!! Dista 105481 [_— Laces EXHIBIT 51 There are industrial properties available where Mr. Bolton can knock himself out with the crushing. Or, why doesn't Mr. Bolton get a variance on a large track of land he owns by his house? Do you think that this may reduce his quality of life but the hell with everyone else? Commissioners, would you be ok with a rock crushing operation near your home? Do you think the dust and noise would NOT be a health and safety issue for you and your family? It baffles me that this request for a variance even got this far. 1 am shocked that Mr. Duane Kanuha conditionally recommended its passage without considering the impact of the lives of so many innocent residents. It is my strongest recommendation that the Leeward Planning Commission do what's best for these Kona communities and Innovation Charter School and reject Mr. Bolton's request. Mahalo and aloha. Joel Cooperson r, Page 3 of 3 pn . 13. o Virus-fre .www.akd4#pp `Y cl 4p=p d .4f C A r s v. 1yt 1 ( al .2 QE i o is g; � u � l 1. C '� C • CL 91 y � 6 'tl •k,,• N � O y 4 • V i7 •O• ` a �� i� V +• CLa by ywnv + m q M Q of pct G u O ,+ M 41 rs� n•�' Ov. p .+d 04 tlpi ��". •�' � H o �. � 3: w a lv TUCDa. 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This Special Use Permit (SPP 16-1880) is requesting to use the parcel of land located near the intersection of Queen Ka`ahumanu Highway and Hualalai Rd (see Map location). This area would be designated for stagi� ig and base yard, for equipment, storage of materials, stockpiling, and crushing 01' atural materials for commercial use. This will impact our community by creating noise, dust, and increase Iraffic, due to construction vehicles entering and exiting the area. On behave of the Hualalai Colony Community Association the Board of Directors Outreach Committee, will be circulating a petition for the association members. These signatures are to deny the Special Use Permit (SPP 16-1880) that is going before the Leeward Planning Commission. T he Leeward Planning Commission hearing is to be held on May 19th at 9:30am at the County Civic Center in Kana. This meeting is open to the general public, for those who wish to attend. Please join your neighbors and other surrounding communities, in opposing this request, so our community will rernain the same quiet, peaceful, and clean plane where we love to be. If you have any Questions call Torn 322-2000 or Jeff 936--3.890 M a h a I o 1 t � f ��- � f � � ' (IAS � 12 ' TESTIMONY OF 't016 .2n Pm Jeffrey M.Citron y,=�Atv�ij�.i�"., DF�T���ENT ,oUNOF HANNA In Opposition to SSP 16-0188,TMK 7-5-17:44 My name Is Jeff Citron,a Kona resident for 45 years,and a home owner at Hualalal Colony subdivision,which is located directly above Innovations Charter School. I'm also the President of The Community Association of Hualalai,which consists of the Heights at Hualalai,Pualani Estates,Hualalai Colony,Kona Orchards,and Sugar Cane Lane. I want to start my testimony by pointing out some serious violations of Bolton,Inc.in the past two years concerning the subject property. During the first week in October of 2014,while traveling in my car,I observed the development of two roads that were going to tie into Hualalai Road. Having been Involved in land use issues,I had a problem if there was adequate sight distances,because they were located on dangerous parts of the road. I went down to Public Works and talked to Kai Emier,the engineer,and told him about my concerns. Kai said that the next day Bolton was performing some asphalt work on those two access points. I was alarmed that they were proceeding before checking out my claim. While I was there,l had a chance to look over the construction plans. I noticed that the figures provided by the private consulting engineer were overstated. I also noticed that road profiles on the two roads were not provided as to elevations. The morning of the very next day,while traveling up Hualalai Road,l saw the Public Works inspector measuring the sight distances. I called the inspector a few hours later and he told me that he had to shut the project down,and that Bolton had removed a large portion of a guard rail on a turn. Later Kai Emler said Bolton shouldn't have removed the guard rail because it was never revealed on the plans. He also said that Bolton should have obtained a grading permit for the mauka approach to Lots 4 and 6 because according to our inspector the fill exceeded 5 feet in height,therefore did not qualify for permit exclusion. An investigation was generated by Public works. On November 19,1 requested a copy of the final report. On February 25,2015,the Corporation Council Self determined that my request was denied In its entirety by applicable statue,HRS 92-13(3). Since this is a contested case, these finding should be made public. To this day,the guard rail has never been replaced on this turn. Later in the early part of 2015,1 started hearing the sound of machinery,dumping of rocks,and also a crushing sound. This was occurring every day,and 1 live over a 1000 feet from Bolton property line. I then decided to travel down Hualalai Road to find a spot where I could observe what was causing the noise on Bolton's property. I could see a huge crusher,a loader,and a stockpile of rocks(that were being brought in from outside the property. The loader was feeding the hopper of the crusher with rocks,and the crusher was making aggregate. I also observed that no water was being used to control the dust. Did you know that dust and noise has no borders! Every time the loader would back up,it made the beeping sound. At my house,I have noticed that dust was accumulating on my car and window screens,and started wondering what I was breathing.Then on April 7,1 was traveling down Hualalai in the afternoon,when a huge dump truck,with a Bolton insigr is on the truck door,pulled out in front of me loaded with aggregate. I decided to follow the truck lo see where the aggregate was being delivered. The final destination was the Kohanaiki Development. Re'd at m ta k,►My— Diat'd Arad ✓ 10 5 !5 10 L w nL cop'; EXHIBIT 54 ���� After researching what permits Bolton had on parcels 44 and 31,1 discovered he had only one Special Use Permit for a Coffee Visitor Center on parcel 31. Parcel 31 is just below parcel 44. The crusher was located on parcel 31,where the visitor center was supposed to be. I proceeded to make a formal complaint to the Kona Planning Department for an illegal base yard and illegal crushing operation. On February 19,2016,1 received from the Planning Department,a copy of a warning letter sent to Dan and Janet Bolton. The warning letter stated,"Immediately cease operating the crusher for commercial purposes(quarry), immediately cease the use of the property as a construction base yard, immediately cease any and all other non-agricultural business/activities,and removal of junk. Other findings were four Quonset type structures with no records of building permits,and an office type trailer with no record of a building permit,which also had a drain line that was dumping waste water directly on the ground. The Community Association of Hualalai represents over 500 households and roughly 2000 residents, not including the children attending Innovations Charter School,and their parents dropping off and picking up the students. The Association is concerned about noise,air pollution,increased traffic on a sub-standard Hualalai Road,diminishing property values,negative effects on our neighborhoods,and potential health problems. To allow this heavy industrial use in our neighborhood is insane,and with this total disregard by Bolton's actions affecting our way of life, The Community Association of Hualalai overwhelmingly rejects this Special Use Permit. DATED: Kailua-Kona, Hawaii, May 20,2016. )JEF�/RE .CITRON Jeffrey M.Citron 75-5608 Hienaloli Rd.#32 Kailua-Kona,HI 96740 (808)936-1890 November 19,2014 Ki Emler Department of Public Works Engineering Division 74-5044 Ane Keohokalole Hwy. Bldg D Kailua-Kona,HI 96740 Dear Ki; I am asking for your report on the investigation and findings of Dan Bolten,concerning the four driveways tying into Hualalai Road and any other potential violations. Sincerely, Jeffrey M.Citron cc.W. Lee, Director of Public Works NOTICE TO REQUESTER (Use multiple forms if necessary) TO: Jeffrey Citron FROM: County of Hawaii,Department of Public Works, 101 Pauahi Street, Suite 7,Hilo,HI 96720, 808-961-8321 (Agency/name&telephone number of contact person at agency) DATE REQUEST RECEIVED: 11/19114 DATE OF THIS NOTICE: 2/25/16. GOVERNMENT RECORDS YOU REQUESTED(attach copy of request or provide brief description below): 1. Report on Investigation and findings of Dan Bolten,concerning the four driveways tying into Hualalai Road and any other potential violations. NOTICE IS PROVIDED TO YOU THAT YOUR REQUEST. ❑ Will be granted in its entirety. ❑ Cannot be granted because ❑ Agency does not maintain the records. Agency believed to maintain records: ❑ Agency needs a further description or clarification of the records requested. Please contact the agency and provide the following information: ❑ Request requires agency to create a summary or compilation from records not readily retrievable. ® Is denied in its entirety ❑ Will be granted only as to certain parts based upon the following exemption provided in HRS § 92F-13 cited below (portions of records that agency will not disclose should be described in general terms). RECORDS OR APPLICABLE AGENCY INFORMATION WITHHELD STATUTES JUSTIFICATION Investigative Report HRS§92F-13(3) Per Statute REQUESTER'S RESPONSIBIIdTIES: You are required to (1) pay any lawful fees assessed; (2) make any necessary arrangements with the agency to inspect,copy or receive copies as instructed below;and(3)provide the agency any additional information requested. If you do not comply with the requirements set forth in this notice within 20 business days after the postmark date of this notice or the date the agency makes the records available,you will be presumed to have abandoned your request and the agency shall have no further duty to process your request. Once the agency begins to process your request, you may be liable for any fees incurred. If you wish to cancel or modify your request, you must advise the agency upon receipt of this notice. METHOD&TIMING OF DISCLOSURE: Records available for public access in their entireties must be disclosed within a reasonable time,not to exceed 10 business days,or after receipt of any prepayment required. Records not available in their entireties must be disclosed within 5 business days of this notice or after receipt of any prepayment required. If incremental disclosure is authorized by HAR§2-71-15,the first increment must be disclosed within 5 business days of this notice or after receipt of any prepayment required. Method of Disclosure: ❑ Inspection at the following location: ❑ As requested,a copy of the record(s)will be provided in the following manner. 01P 4(rev.7/2/10) Im �hf4•�c�,�.d�.t�".y,%r.c+�SjiYyM1�f`,,;.:.;�-;'.S}ate%i Za.• 'SrN ad esy,,.«.a"..�.�'r w33'��iL++'f•il;,Ox 4% \' y .^'+"arl, wl d""ci" '%✓3s.',"n"�"',.cf xv����7•'�i.+�', �.,� � ' r "I�1 fFc Y7 t P i fir;s"•.'f�,„ryy:.'.Y^:rs•.••.,�•,} a?Y..�,e,;' ""�,,, .fir? r ° �t> ,,a, xy � x.,..,..-r �,•c:j roil. j"tf'•}!•�y,. ?.t,Y.'f'_:;'�',.Y G.rl� r�;�Y fi� ^h.?"y�,�Ot C 0 P'h rCD R d z CL oo o � 30 p a C6 D4 •� tD = o a a � A a o s ° Nk � fig ^ a ao p (D c is sw' g Sea rIp �D ~ �o ID a a° C-7 { C` � a Lma - 4:r_ o .. � ho � � C = 30 ° U7 :b, rd.8 rr • EXHIBIT 55 ...*�•i'11�i'.srf`;:`i��'�,�i., .::y�Je..i..F°� fire��.� r�� d ;;'.`�j,. { :��,:'ss ;i:+y•��:=.�;';;>�'iL,.,,yN :.•s;�fly. . 1rt •Yi...: .2rt*r�+�.«t7•.Y:�:...a1,;4,`f,'7,Y;tr,i.w..+t'�Y iii It �i'r�7 Y��s'•ti I'w '-k�4"'= �y Wow`�•' ,'.Y t:- �;° -'-si 4lfs:'•'+o isi,'•'.rem'=-.w-.'?•' -I i�� t�s9;�;7` �'x_;y>�_::.',t t�.`r'=�:'•JL'�t t:r'�-,^-+�_ f�� ST' 'Qr ¢ O .:,''ii7t:<.�N'�''l[�4�c:;r.,a":rt.Iit7�, •.i,r � T ,��''y�r ti',��C'-' :;1�S"j'ty,�r':iyt�'i'�.�::.:i>�•t�t(..t.` � �i 0 f"1` POL a p C;; ID N r. O tj :r o. co opm� tidin = D ti 7 cD p ti ff S CL p a M J F Q a pM� �'d O `� � p►� m a �o� ASN q CL ��'Y c o � a .•• �j �� � N ;r E� c i� 3 i w 34 96 toits p p � � ^�b •'�7 � r• . a � aa � B � fir' g 13 .+-:. cr o a'- .� � 4 Vis`' � °, �' o� ap• g t.. F � � 0 1 if PI 60 CD IS �C ca fi• � LW �� v. pr v, "'y,itf'Yfft `�� ...r'� +M+�,.i+• \V «';�+i. ;n�,' .z att:,y�rfSTM:��'t••n�.+.f1'!�,L«a. rte'. �.y. co d. ?'fi' fA r2 0 C.p, t► P CD � a� m r. o m !p = a b �a �� y� o' Is + god? `d r ' S �v A rr m td �I bw"a r O. O 1 m Q S4 c °a a � °1E� CD N /'� �•N• m A �. F C .e p � � m 1r. 0 f d � CD o pyo R a A. �f �� a 1.2 Er .. 1 : 1.+ CL cl v` ti a' 3 �. mSL a 14 ,,. _ •'ev C6 Q r �0 y a tab 8." 70 0 C6 0 96 88 RQ 'A t is d at. u�t by Die ✓l.d May 17,2016 '1016 19RY 20 M 1 12 FILA COPY County of Hawaii i't.A�I��iiPJ '��[�4'i�I iTMENT �.""" L!I!c""_.__ William P. Kenoi, Mayor ;�O�NTY OF HAWAII Leeward Planning Commission Keith Unger, Chair Collin Kaholo, Vice Chair Mayor Brandi Beaudet Scott Church Barbara Nobriga Oliver"Sonny" Shimaoka RE: Bolton Inc. SPECIAL PERMIT APPLICATION NO. 16-000188(SPP 16-000188) lrd"K'(3) 75�0117:OW Ladies and Gentlemen, We strongly oppose permitting a quarry and rock crushing operation as requested by the above named applicant. This is agriculturally zoned land surrounded by hundreds of single family residences. The noise and dust produced by such a use will be a detriment to our quiet, residential area. We are concerned for our health with further particulate matter which would be added to the air carried mauka by our local wind patterns. Our property values would also be impacted negatively. Why should one applicant's benefit be permitted when so many others could be hurt by that decision? Hualilai Rd is a windy, sometimes narrow and steep access road, not suitable for the additional use of 10-20 heavy commercial trucks daily and other commercial equipment. It is not just a matter of congestion; it is also a matter of safety for residential drivers, bicyclists, scooters and pedestrians. Please do not grant this Special Use Permit. This use is not compatible with our residential and agricultural area. The requested operation belongs in an industrial area. Thank you for your time and consideration, James J. Hill and Barbara A Hill "-Q'�i}� 75-658 Halewili Place, Kailua-Kona HI 96740 We just learned about this issue so we were not able to contact you sooner. EXHIBIT 56 105512 May 18,2016 7616 My ?n Prq ? 12 Phil Mosher P.O.Box 1874 i't-F`,f��f�iii�l�: is?3�I '��ti�iTr.�ENT Kailua Kona,Hawaii 96 NT�Y OF HAWAII County of Hawaii Leeward Planning Commission Aloha Chair,Vice Chair,and Commissioners, My name is Phil Mosher, a resident owner of Hualalai Colony a near by subdivision and I am sending my written testimony for submission for#4. Applicant:Bolton Inc. (SP 16- 188)The parcel for this Special Permit is located off of Hualalai Road and Queen Kaahumanu and its TMK is 7-05-017:044. I am opposed to the issuance of Special Permit for the subject property for industrial/commercial use. There are several subdivisions close to the subject property and a new subdivision is being considered very close by. This Special Permit would violate the General Plan and could create a precedent for other inordinate requests.Hualalai Road is already congested and unsafe road. There is an estimate of over twenty five semi trucks going to careen down Hualalai Road onto Queen Kaahumanu Highway and cause more congestion. Please note that there is a Charter School within the proposed trucking route. I believe that this proposed plant would reduce property values for everyone in lower Hualalai Road subdivision area. A reduction in property values in this area would hurt both the County and its residents. This proposed industrial plant would be a major non covered source of air pollution. The project would have to be regulated by the State Health Department as well as the EPA. The health of the near by residents and school children have to be taken into account. Fine particles from the rock crushing and the dust are hazardous to the community's health. I moved to this area because of the clean air and now find that this operation has exasperated my breathing problems. Another feature of the lower Hualalai area is the peacefulness. The proposed load rock crushers will shatter the peace. Please deny this permit for peace,health,and safety of the considerable number of people now living in this area. Sincerely, Phil Mosher � hcds Flkad j FILE COPY 105513 -� EXHIBIT 57 May 18,2016 2n pM ? 12 p; AN,1j,iirl -; ��=f'.1,I�T�!1ENT Marie Aguilar rpti�NT'r' Ur HAWAII P.O. Box 1874 Kailua Kona,Hawaii 96745 Resident and owner of home in Hualalai Colony subdivision County of Hawai i Leeward Planning Commission Aloha Leeward Chair,Vice Chair and Commissioners, Mahalo for your service to the County of Hawaii and the Leeward Commission Planning. My name is Marie Aguilar,my mailing address is P.O. Box 1874,and my resident address is Hualalai Colony I am here to testify regarding the 4. Applicant:Bolton Inc.for a Special Permit to allow base yard/staging yard for equipment,storage of materials, stockpiling and crushing of natural materials for commercial use and a security dwelling situated on a 9.23-acre portion of a 23.738-acre property situated with a TMK 7-05-017:044 I object to having this Special Permit granted for several reasons and I feel that this community has to take a strong look at the future of development in this area. The adjoining property owners who have come before the County Council have had extensive developmental designs and plans submitted for approval to develop their parcels. As of today,those developers have not been able to build,and one of the four parcels had a set back due to the General Plan rules. In the next five years, these developers might want to continue with their property objectives and build either a small housing project or maybe luxury homes. These parcels are less than 400 feet away. Mr. Dan Bolton had approval for subject exact parcel some eight to ten years ago for a commercial business park,with a Coffee Emporium and retail space. This property was then changed to that zoning. That venture did not materialize,but it was accepted as a perfect commercial development. Why do I bring up the past today,because we have a property owner (Applicant)who has a vested interest in making this property a profit able fortune by using this land for a stockyard,quarry,and a rock crushin;;industrial park which is certainly not within the scope of its zoning. The transp:)rting of _ * s �ntac b7 , 1)iat'd R►r�d _, FII, COPY 1055414 L�.--�--- EXHIBIT 58 this gravel to Kohananiki to complete building of new homes and or its infrastructure does not justify why near by homes have to put up with noise, large truck traffic and environmental waste,especially the dust into the atmosphere to the already congested air quality of the volcano's vog in the area. There are significant issues that need to be addressed here for residents living nearby. There is also a Charter School very close by that has its students outdoors part of the day and they will be breathing the pollutants in the air. It is wrong to even consider allowing such an industrial business on this property. The owner could easily lease or purchase vacant land new the Shores of Kohananiki and conduct this base yard for this operation. There are parcels that would work much better for this owner. Further,these trucks do not warrant the right to congest our two lane highway of Queen Kaahumanu and the very narrow Hualalai Road. The evaluation of this parcel done by the County applied erroneous information to the Commission and I want to correct the record. First, there was a statement that the speed limit was 25 miles an hour on Hualalai Road,later it stated it was 30 miles an hour and there was no longer significant use of the road due to alternative routes. There has not been an actual count of cars or trucks since 2013. There is no proof of the findings. Second,there is no water on this property and there is no septic tank or cesspool for waste. Presently this operation is a rouge set up which devalues workers and provides poor health conditions. The County of Hawaii can not sanction unsafe conditions for those on the property nor can it allow a business operation to pollute the environment of its tax paying property owners nearby. Air quality is a priority for this County and we can not allow the unsafe pollutants of this operation to ruin nearby communities.The air quality has significant affects at my residence, its causing breathing problems. This Special Permit is not in line with the General Plan and it will cause significant problems for the County to defend in the future. Please I ask you to deny this permit. The residents of this area deserve more respect;they pay considerable property taxes. With all due respects,capital ventures belong on commercial industrial property so that their growth improves the economy not destroy existing quality of life of others. Sin erely, du M rie A i ' ■ ■ is a Hawaiian wordthat means rig HAWAII ! ■ ! ■ ■ / Y excellence and well-being. P"4" 3,1 • - • rL - '11 '�} • Moil Rad ME COPY g S?:Y- LL1 �■ 3 z;•r .z ,,, A 7 NOTICE IS HEREBY GIVEN of the following matters to be considered b the Leeward Planning Commission of 3 �-.. g Y g sr+c•'.rr{. the County of Hawaii in accordance with the provisions of Chapters 91 and 92, Hawaii Revised Statutes, Section 6-7-5(a)of the Charter of the County of Hawaii, and the Commission's Rules of Practice and rs�r " Procedure. ❑ o��4` DATE: Thursday, May 19, 2016 TIME: 9:30 a.m. gGcHeE% PLACE:West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole 0 Fl6E Highway, Kailua-Kona, Hawaii SFE 5,r- C1RCUi�ATy - from STATEMENTS FROM THE PUBLIC Note that statements fthe p regarding an public re ardin articular item [] Y p DRAFT RE' on this agenda will be taken at the time the particular iters is called to order. FtEMARKS_. - ,----=Y:-APPLICANT: BOLTON INC. (SPP 16-188) Application for a Special Permit to allow for a baseyardlstaging yard for equipment, storage of materials, stockpiling and crushing of natural materials for commercial use and a security dwelling situated on a 9.23-acre portion of a 23.738-acre property situated within the State Land Use Agricultural District. The property is located at 75-476 Huaialai Road, approximately 700 feet east of its intersection with Queen Kaahumanu Highway, Kahului 1st, North Kona, Hawaii,TMK:7-5-017:444. CURRENT TAX ASSESSMENT SHOWS THIS TO BE AGRICULTURAL LAND BOLTON Baseyard is 0.5 miles or 2,640 feet from the entrance to Pualani Estates. No entrance into Queen Ka'ahumanu (hwy 19). Big gravel trucks must use 2 lane Hualalai Road for entering and exiting baseyard. THE HAWAIIAN WAY: "Aloha 'aina" simply means to love and respect the land, make it yours and claim stewardship for it. "Malama 'aina" means to care for and nurture the land so it can give back all we need to sustain life for ourselves and our future. Page 2 of b - b►� i�pt'f}SF'� 1814,h-o Pofes 005.JP6(Reaixed to 26%.Show_au..f sizel`.,,-NT Emaiithis o�o���U iibd• harp to F k, V I r. •.c Jp p.. telOPbone Pd"008.JPG(Resized to 2896, how aduai size ' Email thisphoto f QRI*ad MOW to Farebook Dista 1111E COPY U 5 5 E EXHIBIT 60 5/12/2014 Page 2 of 2 002.SPG[Reslzed to 45%.Show actual size3 Email this photo Upload photo to Facebook b$ ; �4 ;rlrr■�Y,l .i � - .��� ►v.1. J Awl "ter 4/14/2412 r�. s Y]. ori 1 �' r ♦ ` 10 ce 44 .low sY•yZ s Yy xg a Ir- Im - k Vol, Cot A i �' f I •,�� i�Y �• a 'V..�� -T ��• T � i - ► S r ?01 k +rM Komatsu *19 PC4• _ - -f - k l Jew CRUSHER -s } •�I CRUSHER: . F �i 77. r 1 William P.Kenoi '•,I`O` Duane Kanuha Mayor Director Joaquin Gamiao-Kunkel '�. Deputy Director ••iyor•��i� West Hawaii Office East Hawaii office 74-5044 Ane Keohokalole Hwy101• • Pauahi Street,Suite 3 Kaitua-Koh Hawaii 96740 County Of Hawaii Hao,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 May 23,2016 Michael J. Matsukawa,Esq. Territorial Centre, Suite 201 75-5751 Kuakini Highway Kailua-Kona,HI 96740 Dear Mr. Matsukawa: Special Permit Application(SPP 16-000188) Applicant: Bolton,Inc. Request: To Allow for a Baseyard/Staging Yard for Equipment,Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Subject: Acknowledgement of Petition for Standing in Contested Case Hearing Tax Map Key: 7-5-017:044 This is to acknowledge receipt of your Petition for Standing in Contested Case Hearing received on May 12,2016. The petition will be forwarded to the Planning Commission for their review. Said hearing,among others,will be held beginning at 9:30 a.m.on Thursday,June 16,2016,in the West Hawaii Civic Center,Community Center,Building G,74-5044 Ane Keohok$lole Highway,Kailua-Kona,Hawaii. Your presence will be required at the hearing to respond to questions that the Planning Commission may have regarding the petition for standing. If you have any questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely, x4f�� ,�DU KANUHA Planning Director JWD:mad P:\public\wpwin60\JeftMxtters\Contested Case\LMatsukawa-SPP 16-188-AckPetContestCase.doe Enclosure: Receipt for Filing Fee cc: Jeff Citron,President of The Community Associations of Hualalai MAY 2 3 2016 www.cohdanninedept.cQm Hawai'i County is an Equal Opportunity Provider and Emplo3wr plan zne cahawaiieoun ov EXHIBIT 62 ,IV Of Duane Kanuha William P.Kenoi ��''�•: !,, Director Mayor Joaquin Gamiao-Kunkel Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy ((''���� • • 101 Pauahi Street,Suite 3 Kailua-Kona,HawaN 96740 County of Hawal`1 Hila,Hawaii 96720 Phone(808)323-4770 Phone(808)%1-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)%1-8742 May 23,2016 Peter S. R.Olson,Esq. Olson&Sons 79-7516 Hawaii Belt Road Kealakekua,HI 96750 Dear Mr. Olson: Special Permit Application(SPP 16-000188) Applicant: Bolton,Inc. Request:. Allow for a Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Tax Ma _Key: 7-5-017:044 This is to inform you that the above-referenced Special Permit application is scheduled for a public hearing by the Leeward Planning Commission. Said hearing,among others,will be held beginning at 9:30 a.m.on Thursday,June 16,2016,in the West Hawaii Civic Center, Community Center,Building G,74-5044 Ane KeohokAlole Highway,Kailua-Kona, Hawaii.Your presence or the presence of an authorized representative will be appreciated in order that all questions relative to the request may be clarified. A copy of the public notice is attached for your information. In accordance with the Planning Commission Rule 6(Special Permits) and pursuant to Rule 4 (Contested Case Procedure),you are required to notify the surrounding property owners and lessees of record within 500 feet of the perimeter boundary of the property of the hearing. The notice shall include the following information: 1. Name of the applicant; 2. Precise location of the property involved, including tax map key identification, location map and site plan; 3. Nature of the application and the proposed use of the property; ",tv 3 711ffi 4. Date on which the application was filed with the commission; 5. The date,time and place of the public hearing will be held to consider the application; _www cohalanninedeQt.com Hawai'i County is an Equal Opportunity Provider and Employer plan RineCc�hawaiicounty Dov • EXHIBIT 63 Peter S. R. Olson,Esq. Page 2 May 23, 2016 6. Inform the landowners and lessees of record that they have a right to submit a written request for a contested case procedure- Should they seek to intervene as a party, they shall file a written request no later than seven(7) calendar days,prior to the Commission's first scheduled public hearing to consider the application. Such written request shall be in conformity with the Planning Commission's Rules of Practice and Procedure, Rule 4,relating to Contested Case Procedure,in a form as provided in Rule 4, Appendix A, "Petition for Standing in a Contested Case Hearing." The written request shall be filed with the Planning Commission at 101 Pauahi Street, Suite 3, Hilo, Hawaii 96720,and accompanied by a filing fee of$200 payable to the Director of Finance; 7. Inform the landowner or lessee that should they choose not to submit a written request for a contested case procedure,they may express their support/opposition in writing or by oral testimony at the Planning Commission public hearing, 8. Contact name and phone number should there be any questions. The notice shall be served within ten days after receiving notice from the director of the date, time and place of the scheduled hearing but not less than ten days prior to the date of the scheduled hearing. Data available from the real property tax office shall be utilized in determining the names and addresses of the affected owners and lessees of record. The applicant shall also provide notice to such other owners and lessees of record when the applicant has actual knowledge of such names or as informed by the Planning Director or Planning Commission. Proof of service to surrounding property owners shall be submitted to the Planning Commission prior to the date of public hearing. Proof may consist of certified mail receipts, affidavits, declarations or the like. The list of names,addresses and tax map keys of those individuals notified shall also be submitted. Should you have any questions,please contact Jeff Darrow of this department at 961-8158. Sincerely, x4fi� aDUANE KANUHA Planning Director Att. cc/att: Bolton, Inc. Danny Patel, Esq. William Brilhante, Esq. Michael Matsukawa, Esq. Planning Department—Kona os William P.Kenoi �'�c>-� Keith Unger,Chair Mayor ; Collin Kaholo,Vice Chair Scott Church Barbara Nobriga ••.... Perry Kealoha Oliver"Sonny"Shimaoka County of Hawaiii Nay Cffir Sm ith LEEWARD PLANNING COMMISSION Aupuni Center* 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 AGENDA NOTICE IS HEREBY GIVEN of the following matters to be considered by the Leeward Planning Commission of the County,of Hawaii in accordance with the provisions of Chapters 91 and 92,Hawaii Revised Statutes, Section 6-7.5(a)of the Charter of the County of Hawaii, and the Commission's Rules of Practice and Procedure. DATE: Thursday,June 16,2016 TIME: 9:30 a.m. PLACE: West Hawaii Civic Center,Community Center,Building G, 74-5044 Ane Keohoklilole Highway,Kailua-Kona,Hawaii STATEMENTS FROM THE PUBLIC—Note that statements from the public regarding any particular item on this agenda will be taken at the time the particular item is called to order. NEW BUSINESS—9:30 a.m. 1. APPLICANT: BOLTON INC. (SPP 16-188) Application for a Special Permit to allow for a baseyard/staging yard for equipment, storage of materials, stockpiling and crushing of natural materials for commercial use and a security dwelling situated on a 9.23-acre portion of a 23.738-acre property situated within the State Land Use Agricultural District.The property is located at 75-476 Hualalai Road, approximately 700 feet east of its intersection with Queen Ka`ahumanu Highway,Kahului 1st,North Kona,Hawaii,TMK:7-5-017:044. 2. APPLICANT: ROYAL ALH LLC (SMA 05-007) Request to amend Condition No. 2 (time to secure Final Subdivision Approval)of Special Management Area Use Permit No. 05-007, which was originally approved on July 19, 2006, to allow a 19-unit, single-family residential development and related uses. The properties are located on the east(mauka) side of Alii Drive, across from the `Alohi Kai Subdivision and Kamoa Point, Kaumalumalu,North Kona, Hawaii, TMK: 7-7-004:057 and 058. MINUTES Minutes of the May 19, 2016 meeting ADMINISTRATIVE MATTERS ANNOUNCEMENTS ADJOURNMENT The purpose of the public hearing is to afford all interested persons a reasonable opportunity to be heard on the above matter. Submitting Testimony: According to Rule 1 (General Rules)of the Planning Commission, a person desiring to submit oral or written testimony shall indicate her/his mane; address; and whether the testimony is on her/his behalf or as a representative of an organization or individual. If testimony is being submitted on behalf of an organization, documentation showing membership ratification should accompany the testimony. Written testimony shall be submitted with an original and fifteen copies prior to testifying. The Commission would appreciate timely submittal to the Planning Department at least one week prior to the hearing date to allow for mailing and thorough Commission review. Testimony that is irrelevant or unduly repetitious may be limited by the Chairperson pursuant to Rule 1. Pursuant to Rule 4,Contested Case Procedure, of the County of Hawaii Planning Commission Rules of Practice and Procedure, any person seeking to intervene as a party to a contested case hearing on any agenda item is required to file a written request which must be received in the office of the Planning Department no later than seven(7)calendar days prior to the Planning Commission's first public meeting on the matter. Such written request shall be in conformity with Rule 4,in a form as provided by the Planning Department entitled"Petition for Standing in a Contested Case Hearing." The written petitionlrequest shall be filed with the Planning Commission at Aupuni Center, 101 Pauahi Street,Suite 3,Hilo,Hawaii 96720,and accompanied by a filing fee of$200 payable to the Director of Finance. Any party may retain counsel if that person so desires. Rule 4 may be inspected or purchased ($2.50)at the above- cited location. Rule 4 may also be viewed at the County of Hawaii website ao://www.co.Hawaii.hi.us). Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist {Article 15, Section 2-91.3(b),Hawaii County Code}. A lobbyist means"any individual engaged for pay or other consideration who spends more than five hours in any month or$275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6), Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk, 25 Aupuni Street, Room 1402, Hilo, Hawaii 96720. Copies of the applications are on file and open to inspection during office hours at the Planning Department, Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawaii and at the Kona office of the Planning Department,West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. Anyone who requires an auxiliary aid or service, other reasonable modification, or language interpretation to access this meeting please contact the Planning Department at 961-8288 as soon accommodations. "Other reasonable modification"refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged. Hawai`i County is an Equal Opportunity Provider and Employer LEEWARD PLANNING COMMISSION Keith Unger, Chair (Hawaii Tribune Herald: Friday, May 27, 2016) (West Hawaii Today: Friday,May 27, 2016) (Star Advertiser: Friday, May 27, 2016) (The Maui News: Friday, May 27, 2016) (The Garden Island: Friday, May 27,2016) c or N SUZANNE O.CASE GOVERN ROYF•IIGAWA,t '��t.,9aa;;, 6 r�RY ?'� Ail 1nBO,RD OF I.WDNiiU�RAL RESOURCES „ y @MMISSION ON WATER RESOURCE MANAGEMENT KEKOA KALUHIWA FIRSTDE11rrY �"d�id"� LANs i NC' LT"MRAENT d� fk \ 1 JEFFREY T.PEARSON kiOUf�IT'Y' Of= HAWAII DEPUTY DWI=OR-WATER �. ,^�''Wq wy ry,f :• t30AT1 WANbOCrs REc�TtEATON BUREAU OF C'ONVEYANCE'S COAA455WN ON WATER RESOURCE WWAOEMENT STATE OF HAWAII `�TPONANNAEIDURCES ENFORTAL LANDS COEISEA VATH]N AND RESOURCES FNFORCF].(ENT sr n� TA DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY AND DLM 1 USTOM PRESERVATION STATE HISTORIC PRESERVATION DIVISION K1P0D1`"E L'i'm EmR+6sto+ KAKUHIHEWA BUILDING STATE PARKS 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 May 5,2016 Mr.Duane Kanuha,Planning Director Log No.2016.01088 County of Hawaii Doc No. 1605GCO2 101 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 Mr.Russell Y.Tsuji,Land Administrator Land Division,Department of Land and Natural Resources P.O.Box 621 Honolulu,HI 96809 Dear Mr.Sirs: SUBJECT: Chapter 6E-42 Historic Preservation Review Special Permit Application(SP 16-000188)—County of Hawaii Request for—Baseyard,Stockpiling,Storage,Crushing of Material,and Security Building Kahului V Ahupua`a,North Kona District,Island of Hawaii TMK•(3)7-5-017:044 Por. Thank you for the opportunity to comment on this permit application that was received by our office on March 10, 2016.Bolton, Inc.(applicant) is requesting a special permit for establishing a baseyard/staging yard on a 9.23-acre portion of the 23.38-acre parcel identified as TMK: (3)7-5-017:044. The yard will be used for equipment,storage, stockpiling and crushing of natural materials for commercial use,and installation of a temporary security building. A SHPD records review indicates that no archaeological inventory survey (AIS) has been conducted, and that no historic properties have been identified within the subject parcel.The SHPD has previously made a determination of no historic properties affected for(1) a grading permit for flood channel improvements on a portion of Parcel 044 (March 24, 2010; Log No. 2010.0757, Doc No. 1003MD23); and (2) a grading and stockpiling permit(May 22, 2006;Log No.2006.1602,Doc No.0605MM01); and a revised determination of no historic properties affected for the applicant's earlier stockpiling permit(February 11,2015;Log No.2015.04139,Doc No. 1602SN09). Based on the information above, SHPD's determination is no historic properties affected for the proposed baseyard/staging yard.The permitting process may continue. Please attach to the permit: In the event that historic resources, including human skeletal remains, lava tubes, and lava blisters/bubbles are identified during the construction activities,all work should cease in the immediate vicinity of the find, the find should be protected from additional disturbance, and the State Historic Preservation Division should be contacted immediately at(808)692-8015. Please contact me at(808)692-8019 or at Susan.A.Lebo n,hawaii.gov for any questions regarding this letter. Aloha, Susan A.Lebo,PhD ern �T�T T Archaeology Branch Chief ►J�l. A 1`U E cc:Jeff Darrow,COH-Planning(Jeff.Darrow@hawaiicounty.gov) M10 ,5535 Y 2 � 2016 Lydia Morikawa,DLNR-Land(Lydia.Morikaw�hawaii.gov) EXHIBIT 64 '-_.-- LETTER OF TRANSMITTAL Bolton, Inc. Date: 05/31/16 ATTENTION: Jeff Darrow P.O.Box 898,Kailua-Kona,HI 96745 LL ? Phone(808)329-8240 Fax(808)326-1247 7-MIL-2 -5- -091 TRANSMITTAL N0. 1 TO: County Director of Finance 74-5044 Ane Keohokalole Hwy Kailua Kona, HI 96740 -o GENTLEMEN: •.-� WE ARE SENDING YOU: 7D ATTACHED UNDER SEPARATE COVER VIA THE FOLLOWINOCJTEMS� ..,:. SHOP DRAWINGS PRINTSSAMPLES SPECIFICATIONS COPY OF LETTER CHANGE ORDER =CONTRACT PLANS dbPIts DATE...•'' li'Tty 1 5/26/2016 Check of$250 for Continuance of Leeward Planning Commis ision meeting THESE ARE TRANSMITTED AS CHECKED BELOW: = FOR APPROVAL APPROVED AS SUBMITTED RESUBMIT COPIES FOR APPROVAL FOR YOUR USE APPROVED AS NOTED SUBMIT COPIES FOR DISTRIBUTION AS REQUESTED RETURNED FOR CORRECTIONS RETURN CORRECTED PRINTS �REVIEWICOMMENT RETURN AFTER EXECUTION PRINTS RETURNED AFTER LOAN TO US OTHER REMARKS: Please contact me if there is anything else I need to send to you. I I COPY TO: File SIGNED: Christy A,Logan IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ON C SCANNED MAY 3 120,6 EXHIBIT 65 BY: 105639 r w CLQ CL z 0 J) w t d 2 w 2 P ti z L s ' ` DATE-a#XD16 No4.1 2/J 0 RECEIVED FROM- 0140'1 W-6• s 560-c-0 -- 9.0- x Sg8 Ka:ltja- e"a, l4j ci6745 _DOLLARS O FOR RENT AOR_-COA - 'fM K: 7-5-01-7:244 :01200 ACCOUNT (`OCtASHHECK PAYMENT as MONEY FROM TO OORDER BAL DUE OCARDIT BY A E! ii3O 2 7 5 2 3n• is 1 2 1 30 10 28i: 000111, 1998031" Camero, Tracie-Lee From: Baez,Wendy 7016 MRY 31 PM Sent: Tuesday, May 31, 20161:42 PM PLAN 'Nil,l�_i i-)!- ,'J'I /IENT To: Kanuha, Duane; Planning Internet Mail; Ley, RaECie`).Id3'6off,KaremBiaaiiWendy Subject: Bolton Special Permit Application Attachments: Eoff Letter re Bolton Special Permit.pdf;Matsukawa Letter, May 20, 2016 re Bolton.pdf Hi Duane, Attached, please see Karen's letter with regard to Bolton's Application for a Special Permit, and letter from Michael Matsukawa dated May 20, 2016. Please also distribute to the Leeward Planning Commissioners. Thank you, Wendy P.Baez,Legislative Assistant Qflice of Council Member Karen Eoff Council District 8,North Kona West Hawaii Civic Center,Building"A" 74-5044 Ane Keohokalole Highway Kailua-Kona,Hawai'i 96740 808/323-4279 wendLbaezRhawaiicountv.gov ...Nothing is so Strong as Gentleness, and Nothing is so Gentle as Real Strength... 1 EXHIBIT 66 105648 7.016 [IRY 31. MICHAEL J. MATSUKAWA j�;�I�iPlii'l . L - `� ° li.�lENT ATTORNEY AT LAW \r,0UN H OF HAWAII TERRITORIAL CENTRE.SUITE 201 75.5751 KUAKINI HIGHWAY KAILUA-KONA.HI 96740 TELEPHONE NO.t8081 329.1385 FAX NO.t8081 329.0512 E-MAIL kapAAknsmc= May 20, 2016 Councilperson Dru Kanuha Count:ilperson Karen Eoff 74-5044 Ane Keohokalole Highway Kailua-Kona, HI 96740 RE: BOLTON, INC. SPECIAL PERMIT APPLICATION TMK (3) 7-5-17: 44 Dear Councilpersons Kanuha and Eoff: Your constituents voiced their concerns at the May 19, 2016 public hearing on this application. what stood out were (1) the "rush" in processing the application, (2) the incomplete nature of the application and planners, investigation, (3) the absence of any request for a submission of reports on air emissions and noise, which require expertise and (4) the disregard for county plans that designate the region for residential uses (not industrial uses) . To phis were added comments on the applicant's reliability and past violations (with no enforcement) . No Supporting E2Wert Reports Enclosed is a matrix of concerns that I submitted, which I explain further below. First, air emissions and acoustics are subjects of experts. Planning staff never requested appropriate reports and yet make an approval recommendation without the benefit of that information. As •assurance, " county planners said the applicant must comply with all health regulations (air and noise) , which i9 a delegation of authority. The Planning Commission has a duty to know all facts bgforg making a decision and cannot pass of to others its independent duty. 105640 MICHAEL J. MATSUKAWA ATTORNEY AT LAW Councilperson Dru Kanuha Councilperson Karen Eoff May 20, 2016 Page 2 Public Trust Doctrine The State Constitution (Article XI, Section 1) and County Charter (Section 13-29) characterize "air" as a public natural resource, subject to the scrutiny described by the Hawaii Supreme Court in Kauai Springs v. Planning Commission, 133 Haw. 141 (2014) (excerpt enclosed) . The court held that agencies cannot "pass the buck" (responsibility) to another agency, but that is what county planners did in this case, in an apparent "rush" to process the application. One Application Rather Than Two Applications There are two distinct projects proposed -- (1) flood improvements and (2) general catchall base yard activity, etc. -- but are lumped in a single application, as if one justifies the other. The application should be separated so the Planning Commission can deal with the flood improvement without feeling "obligated" to address the base yard, etc. at the same time. atrJZ I submitted some "bullet points" to the Planning Commis- sion and address them with more detail separately. I did not address the public natural resource trust because I assumed county officials would do so in light of the Hawaii Supreme Court's ruling in the Kelly case and Judge Ibarra's ruling in the Missler case (that require the County to do so) . If you have questions, please do not hesitate to contact me. I have submitted a copy of this letter to county planners so they will be aware of your questions to them. Thank you. You s truly Michael J. Matsukawa MJM:jff\cooperson\council.lti Encs. Camero, Tracie-Lee From: Baez,Wendy 7.016 MRY 31 pry Sent: Tuesday, May 31, 20161:42 PM �;�',fvf ilf It I Q7-, '°,RR41ENT To: Kanuha, Duane; Planning Internet Mail; Ley, Radeehd) tZff,i�ireM,4ia)lWendy Subject: Bolton Special Permit Application Attachments: Eoff Letter re Bolton Special Permit.pdf; Matsukawa Letter, May 20, 2016 re Bolton.pdf Hi Duane, Attached,please see Karen's letter with regard to Bolton's Application for a Special Permit, and letter from Michael Matsukawa dated May 20,2016. Please also distribute to the Leeward Planning Commissioners. Thank you, Wendy P.Baez,Legislative Assistant Office of Council Member Karen Eoff Council District 8,North Kona West Hawaii Civic Center,Building"A" 74-5044 Ane Keohokalole Highway Kailua-Kona,Hawaii 96740 808/3234279 wendy baez(ahawaiicoun ov ...Nothing is so Strong as Gentleness, and Nothing is so Gentle as Real Strength... 1 EXHIBIT 67 KAREN EOFF q1 0M U I1$ Phone: (808)323-4280 Council Member Fax: (808)3294786 Council District 8—North Kona '' .' ��� } EIhdLt*,Tren.eofj@hawaiicounty.gov Irl rY OF HAWAII HAWAI`I COUNTY COUNCIL County of Hawaii West Hawaii Civic Center,Bldg.A 74-5044 Ane Keohokalole Hwy. Kailua-Kona,Hawaii 96740 May 30,2016 Hawaii County Planning Director Duane Kanuha duane.kanuha@hawaiicounty.gov Hawaii County Planning Commission 121anning@hawaiicounty.gov Re: Bolton. Inc.—Special Permit Application No. 16-000188 (SPP 16-000188) Dear Director Kanuha and Members of the Leeward Planning Commission: I attended the May 19,2016 Planning Commission hearing and saw the outpouring of concern from residents in my district and in Council Member Kanuha's district regarding this application for a special permit. There were numerous questions and valid concerns expressed during public testimony by members of the surrounding community. I believe that these concerns need to be addressed and that this permit application would warrant further investigation by both the department of planning and public works. It is the duty of the Commission to determine what the impacts of the project will be and since there were so many aspects of the permit being questioned,I believe it would be appropriate to sort them out through the contested case hearing process. Only this process will give an opportunity for a more thorough review of the issues that have been raised. Although the surrounding residents may not be"adjoining"landowners physically,the impacts from the project will affect them separately and distinct from the general public. I believe the standing question should be interpreted liberally to provide the opportunity to bring facts to the table in a more extensive discussion. Please refer to the letter from Michael J. Matsukawa addressed to myself and Council Member Dru Kanuha dated May 20, 2016, which is attached for ease of reference. Sincerely, KAREN EOFF, Council Member,District 8 Enclosure Serving the Interests of the People of Our Island Hawaii County Is an Equal Opportunity Provider And Employer 105649 LETTER OF TRANSMITTAL Bolton, Inc. Date 0&01116 ATTENTIONJeff harrow P.O. Box 898, Kailua-Kona,HI 96745 - `) Phone(808)329-8240 Fax(808)326-1247 TM K, _ - IS - T —7 = O L4 L4 TRANSMITTAL NO. 2 TO: County Director of Finance _ 74-5044 Ane Keohokalole Hwy Kailua Kona, HI 96740 GENTLEMEN: WE ARE SENDING YOU: F7x ATTACHED UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS SHOP DRAWINGS PRINTS SAMPLES SPECIFICATIONS COPY OF LETTER CHANGE ORDER =CONTRACT PLANS COPIES DATE DESCRIPTION 1 6/1/2016 Check of$250 for Postponement of Leeward Planning Commisision meeting.tune 16th until further notice THESE ARE TRANSMITTED AS CHECKED BELOW: = FOR APPROVAL APPROVED AS SUBMITTED RESUBMIT COPIES FOR APPROVAL 0 FOR YOUR USE APPROVED AS NOTED SUBMIT COPIES FOR DISTRIBUTION AS REQUESTED RETURNED FOR CORRECTIONS RETURN CORRECTED PRINTS �REVIEWICOMMENT RETURN AFTER EXECUTION PRINTS RETURNED AFTER LOAN TO US OTHER REMARKS: Please contact me if there is anything else I need to send to you. COPY TO: File SIGNED: Chri!3ty A Logan IF ENCLOSURES ARE NOT AS NOTED, KINDL Y NOTIFY US A T ONCE SCANNED EXHIBIT 68 �,. JUT 6V0 6 f Y To Reorder visit www dswebtopnnt comlfoundation P.O. Box 898 • Kailua-Kona, HI 96745 J June 1,2016 c- C7,� U= c� z County of Hawaii C Department of Planning 101 Pauahi Street, Suite 3 y Hilo, Hawai'i96720 DM .� RE: Subject: Special Permit(SPP-000188)Complaint: Base yard for Equipment,Storage of Materials,Stockpiling and Crushing of Natural Products for Commercial Use and a Security Dwelling TMK: 7-5-017:044 Dear Director. After much deliberation we are requesting a postponement of the referenced Special Permit(SPP-000188)until further notice. Please find our payment of$250.00 with this request. Our council, Olson and Sons, is no longer a representative of Bolton, Inc and i would request that all correspondence be sent to Mrs. Christy Logan as noted in our application. Sincerely, QiiId(19T0ltol7 Daniel B. Bolton Bolton, Inc. DB:cal cc: Peter Olson 105688 Bolton, Inc.is an Equal Opportunity Employer Telephone(808)329-8240 - Fax(808)326-1247 - Lic.#ABC-14458 E X H I B IT 69 LETTER OF TRANSMITT Bolton Inc. Date: , . l f[ a � 06/01/16 IIltY'! l: Il�t�rp II ATTENTION: Jeff Darrow P.O.Box 898,Kailua-Kona,HI 96745 7014 I!; — Phone(808)329-8240 Fax(808)326-1247 TM K,- - `7 — O L4 4 TRANSMITTAL NO. 2 TO: County Director of Finance 74-5044 Ane Keohokalole Hwy Kailua Kona, HI 96740 GENTLEMEN: WE ARE SENDING YOU: =X ATTACHED =UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS SHOP DRAWINGS PRINTS =SAMPLES =SPECIFICATIONS COPY OF LETTER =CHANGE ORDER =CONTRACT PLANS COP.IE DATE: :::::::::i?HSCRIP.T#ON .. .................. ....................................................................... ... .................... 1 6/1/2016 Check of$250 for Postponement of Leeward Planning Commisision meeting June 16th until further notice THESE ARE TRANSMITTED AS CHECKED BELOW: = FOR APPROVAL =APPROVED AS SUBMITTED RESUBMIT COPIES FOR APPROVAL 0 FOR YOUR USE =APPROVED AS NOTED SUBMIT COPIES FOR DISTRIBUTION =X AS REQUESTED =RETURNED FOR CORRECTIONS RETURN CORRECTED PRINTS =REVIEW/COMMENT =RETURN AFTER EXECUTION PRINTS RETURNED AFTER LOAN TO US =OTHER REMARKS: Please contact me if there is anything else I need to send to you. COPY TO: File SIGNED: Christy A Logan IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE SCANNED By: Jul 8h2016 8 s Inc qq----11 •-- - --._._._...._..____._•-.__� •----•- - ---- ____.�———.—..—_..�-, �J� ' �, E " D•A--TE Noll72991 RECEIVED FROM . a674c d-_ OFOR RENT DOLLARS •; §e • d44:borxi/Spp -a�anlRS,� - ' ACCOUNT ��O C..ASH PAYMENT 0 �Gp Y""HECK FROM MONEY, TO BAL DUE OORDER. O CREDIT. CARD. ' BY To Reorder visit wwor.dommWo rinteorrAoundation •Z,1e °"`a �C P.O. Box 898?PkafiVa-IP0nRMH49W5 N`TQ „r �/;I�,�,ii�,i{ 'APD,ENT ENT OF HAWAII June 1, 2016 County of Hawaii Department of Planning 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 RE: Subject: Special Permit(SPP-000188) Complaint: Base yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Products for Commercial Use and a Security Dwelling TMK: 7-5-017:044 Dear Director: After much deliberation we are requesting a postponement of the referenced Special Permit(SPP-000188) until further notice. Please find our payment of$250.00 with this request. Our council, Olson and Sons, is no longer a representative of Bolton, Inc and I would request that all correspondence be sent to Mrs. Christy Logan as noted in our application. Sincerely, a alel ff 'mon Daniel B. Bolton Bolton, Inc. DB:cal cc: Peter Olson X05759 Bolton, Inc. is an Equal Opportunity Employer Telephone(808)329-8240 • Fax(808)326-1247 • Lic.#ABC-14458 CW William P.Kenoi " Duane Kanuha c= ';�. Mayor Director Joaquin Gamiao-Kunkel e'•'% Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokatole Hwy •6• 101 Pauahi Street,Suite 3 Kai Wd-�a,Hawai'i%-74, bounty of Hawai i Ffilo,Hawai-i 9672D Phone(808)323-4770 Phone(808)961-8288 Fax{808)327-3.563 PLANNING DEPARTMENT Fax(808)961 5742 June 7,2016 Mr. Daniel Bolton P.O. Box 898 Kailua-Kona, HI 96745 Dear Mr.Bolton: Special Permit Application No. 16-000188 Applicant: Bolton,Inc. Request: To Allow a Baseyard/Staging Yard for Equipment,Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Subject: Request for Continuance Tax May Key 7-5-017.044 This is to acknowledge receipt of the letter dated May 19, 2016 from Attorney Peter Olson requesting that the application be continued. The request for a continuance has been forwarded to the Leeward Planning Commission for their information. We are enclosing a receipt for the$250 fee for the continuance. If you have any questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely, �UANEKANUHA Planning Director Enclosure: Receipt for Continuance Fee JWD:mad P:\wpwin60\Jeff\Letters\Continuance-Defer Letters\LBolton-SPP 16-188-RegToPostpone(1).doc cc: Christy A. Logan 78-6949 Mamalahoa Highway H61ualoa,HI 96725 Marty Shimizu, Accountant JUN "' 8 2016 www.cohp1anningdgVt.co anninedent.cotn Hawaii County is an Equal Opportunity Provider and Employer akiLnin�:hawaiicounty.Qov EXHIBIT 70 r DATA 6:2'`9-,016 No4 7 2/9 0 RECEIVED FROM 1801 s 2so.00 P-P- C ox WyB hi ltia- loHa- 141 C1674S DOLLARS Q FOR RENT AOR coA/C- 'TA4 K: 7-S-ot1:0144 :cavo ACCOUNT CASHrFfR2M PAYMENT ItQO ECI( TO 0' ORDER BAL.DUE QUI k r o. Duane Kanuha William P.Kenoi Mayor Director Joaquin Gamiao-Kunkel +•',� Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy (^t •6• 101 Pauahi Street,Suite 3 Ka-5044 An,t�awai`i%740 � flurity of Hawaid 1 i io,fbwai-i 96720 563 Phone(808)323 44770 Phone(808)961-8288 Fax(s0808)3 37 PLANNING DEPARTMENT Fax(808)961-8742 June 7,2016 Mr.Daniel Bolton P.O. Box 898 Kailua-Kona, HI 96745 Dear Mr. Bolton: Special Permit Application No. 16-000188 Applicant: Bolton,Inc. Request: To Allow a Baseyard/Staging Yard for Equipment,Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Subject: Request for Postponement Tax Map Key: 7-5-017.044 This is to acknowledge receipt of your letter dated June 1, 2016 requesting that the application be postponed until further notice. We will defer the application until we hear from you to schedule this application on the Leeward Planning Commission agenda. Please send out a notification to surrounding property owners informing them that the hearing on this matter has been postponed until further notice. We are enclosing a receipt for the$250 fee for the continuance. If you have any questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely, /PUANMANUHA (/planning Director Enclosure: Receipt for Continuance Fee JWD:mad P:\wpwin60\Jeff\Letters\Continuance-Defer Letters\LBolton-SPP16-188-RegToPostpone(2).doc cc: Christy A. Logan 78-6949 Mamalahoa Highway Holualoa,HI 96725 JUN - 8 2016 Marty Shimizu, Accountant www coh la�nninedept.cotn Hawaii County is an Equal Opportunity Provider and Employer k1grr ningCa_.bawaiicounty.eov EXHIBIT 71 GROWN.mommoom DATE_SZc,��6 "72991 RECEIVED FROM 1�.1 AD L i'j P.V. ScISt I1lei Kot' 0FOR RENT �� �-�• ab74c DOLLARS S §�foi:i C trr-IMK 0944:rye, SPP ACCOUNT (3 CASH NECKrF�ROMKS PAYMENT ��CGG ® EY TO BAL.DUE �rDER CREDIT CARD To Reorder vfsh www.dswebt=ftcaNPounderion Darrow, Jeff , is t. From: Christy Logan <logan@boltoninc.com> Sent: Thursday,June 23,2016 2:16 PM r,OigNiY OF HAWAII To: Darrow,Jeff Subject: RE:Sorry in meeting Attachments: Letter of Clarification SubDiv withdrawl 6-21-16.pdf,Courtesy notice.pdf Here you are Jeff, My apologies for it having taken so long. I have also attached the certificate of mailing for the 3rd notice to surrounding property owners as a courtesy. Christy -----Original Message----- From: Darrow,Jeff[mailto:Jeff.Darrow@hawaiicounty.gov] Sent: Friday, June 17, 2016 2:44 PM To: Christy Logan Subject: RE: Sorry in meeting When you have time,if you can call. Just need to understand the issue regarding having to withdraw the subdivision before getting the grading permit matter...just unclear to me.... Thanx -----Original Message----- From: Christy Logan [mailto:logan@boltoninc.com] Sent: Friday,June 17,2016 2:14 PM To: Darrow,Jeff<Teff.Darrow@hawaiicounty.gov> Subject: Sorry in meeting Please email me if it's imperative or we can talk on Monday Sent from my iPhone 106065 1 EXHIBIT 72 June 23rd, 2016 County of Hawaii Department of Planning 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 RE: Subject: Special Permit(SPP-000188) Complaint: Base yard for Equipment, Storage of Materials,Stockpiling and Crushing of Natural Products for Commercial Use and a Security Dwelling TMK: 7-5-017:044 Dear Director: This letter is for the purpose of clarification in regards to a few aspects of our permit request. In 2011 Kona Coffee and Tea applied for a"reconsolidation 8 resubdivision" of TMKs 7-5-017:031 8:044. In 2012 comments were received. Kona Coffee 8 Tea received a letter from the Department of Planning stating all of the conditions of approval. Between 2012 and 2014 items or conditions were completed and on November 6,2015 a letter was received from Public Works acknowledging the receipt of the request dated September 25th,2014. Within the letter from Public Works was a new laundry list of items that were seemingly now being required.The Department of Public Works was very untimely and non responsive to our request for a final subdivision approval.These new items that were now being required were the push over the edge of what we were willing to do. The decision was made to abandon the resubdivision, by making the request to withdraw the application and to then apply for a grading permit for our project. It is a known fact that the Department of Public Works will NOT issue a grading permit if the project has an ongoing subdivision application. This was reason for the withdrawal so that we could proceed with the work legally and under a proper permit. Sincerely, 1ia»!c/f,ffeA-11a Daniel B. Bolton Bolton, Inc. DB:cal ; U N o i FO; V j Of CT A W N' s 1 n E, p 0. n cowQ Cap m u� r ! I ) z � > No -4 i c� t z m ekCD 3 o '� i I T.MC. r Ll C-1,1_71 c im .70 � ml i I ( ♦ �� I �x I �p,l j I a 01 %lb W .I ri CP 03 �. m - -- — -- - -- - -- _-- —a — at 01-C°w �QBC N I N 0 C_ - / I > o Op C�� w w y I i ?�16 JUL 19 om ? 0"1 i' '' i ifi;c `.�;I i/1 ENT COUNTY OF HAWAII July 12,2016 County of Hawaii Department of Planning 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 RE: Special Permit Requirement Kahului 1 st&2nd, North Kona, Island of Hawaii, Hawai'i TMK: 7-5-017:044 Dear Director. This letter is Intended to provide you with better clarity as to the use of TMK parcel 7-5-017-044. There has never been any intention to"commercially sell"the materials to the general public.A special permit was applied for due to a lack of clarity in the code. It is our hope that this letter will assist you in making a determination that a special permit is in fact not required. Bolton, Inc., as the general contractor for the Kona Coffee and Tea Flood Channel project, has a contractual responsibility to dispose of all of the materials that are generated from the project The improvement of the flood channel Is anticipated to generate in excess of one hundred(100) thousand tons of material.There is no use for this material within the boundary of the two TMKs that the project encompasses. Bolton Inc's ongoing project load and past history of aggregate use provides opportunities for the responsible disposal and reuse of this material upon proper downsizing. Having access to such a construction environment allows for the reuse of these materials in the most efficient and best way possible making it a benefit to the community. Historically, Bolton, Inc. uses sixty(60)thousand tons of various sized aggregate or general fill material per annum.A breakdown Is listed in exhibit A.We do believe over the course of time that we can property dispose of or reuse all of the material that is processed. Within the construction industry certain unknowns are always an issue to be dealt with accordingly. For example, How many jobs may be available to receive these material next year or the year after that is not a known fact at this point in time. It is a virtual impossibility to tell where this material may be needed six(6)months from now or if can be taken to just one jobsite or many. Another example of an unknown is what happened when we originally acquired our grading permit at the first of this year.The locality we had arranged to take a very substantial portion of the flood channel materials had an expired grading permit that was only a: an eleventh hour.That threw a large wrench into any planning that had taken place. 10650 " EXHIBIT 73 Those are just a few examples as to how committing to a final resting place for the materials generated from the flood channel jobsite is so difficult We maintain that it is impossible to pin down. We hope that by showing you the intention with a little greater detail to will be a sufficient explanation in order for you to make an official declaratory ruling to clarify the code for our specific situation. If not, then please ask any additional questions that would help you to do so. We believe In the benefit of this project, Kona Coffee&Tea Flood Channel, especially after the flash flooding events that have recently been witnessed. 4;nelync Christy A Logan, PMP Anticipated Aggregate Quantities for 2016 Grand Total �—53410 William P. Kenoi Duane Kanuha Mayor i+fir Director Joaquin Gamiao-Kunkel s Deputy Director West Hawaii Office East Hawaii Office 74-5014 Ane KeohoMole Hwy ■ • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawal 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)951-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 July 27,2015 Ms. Christy A. Logan, PMP Bolton Inc. P. 0 Box 898 Kailua Kona, HI 96745 Dear Ms. Logan, SUBJECT: SPECIAL PERMIT REQUIREMENT TNW(3) 7-5-017:044 Kahului 11& 2"d,North Kona,Hawaii Thank you for your letter of July 12,2016,which was a follow up to our meeting of June 30,2016 at the departments Kona conference room. Although your submittal provides some clarity,it does not quite contain the specific information I requested at that meeting on.lune 30,2016. The information I requested you provide to our office in order to make a determination whether or not"commercial excavation" is being conducted on the project site was: 1)how much material has been excavated from the site;2)how much material was being used on drainage improvements, if any; 3) how much material is being transported to Bolton Inc.'s other job sites; and 4)how much was being stockpiled on site. Your grading permit(GP 692524) issued for flood channel improvements represents that 116,000 cubic yards would be excavated and no cubic yards would be used on site. Please provide the amount of material excavated under this grading permit from 12115 to the present. Please also confirm that none of any excavated material is or has been used for the flood channel improvement proj ect. Your letter represents that Bolton Inc.'s ongoing project load and past history oi'aggregate use provides opportunities for the repurposing all or most of the excavated material off site to other Bolton Inc.job sites. We acknowledge that Bolton Inc. has two (2) stockpiling p�,-rmits (092525 and 092529) for the subject property. www,cohplanninadent.eom Hmvai'i County is an Equal Opportunity Provider and Employer platin nafahawaiicounty,=v EXHIBIT 74 Ms. Christy A. Lagan, PMP Bolton Inc. July 27,2016 Page 2 Please also provide an itemized list of all equipment on-site which is directly related to the grading and/or excavation work for the flood control project and all other equipment,vehicles, and other facilities on-site which are not directly related to grading and/or excavation work for the flood control project. This is so that we can determine whether or not a base yard has been established on-site which would then require the submittal of a Special Permit. Until the above required information if provided, any decision on whether or not any Special Permit is or is not required will he held in abeyance. Please feel free to contact me at this office if there are any further questions. Sincerely, q\, D ANE KA�RA Planning Director DK:rl cc DPW Engineering(Kona) Jeff Darrow, Planning Division Daryn Arai,Planning Division Bennett Mark, Kona Office Horace Yanagi, Kona Office William V. Brilhante Jr. Esq.,Assistant Corporation Counsel DArrow, Jeff From: Christy Logan <logan@boltoninc.com> i i LENT Sent: Tuesday,August 09,2016 2:31 PM iL;�i iii To: Darrow,Jeff r,C)l I 1Y Ur HAWAII Cc dan@boltoninc.com Subject: Additional requested information Attachments: Additional Information.pdf Jeff, Please forward this to Director Kanuha. My apologies for its delay.Thank you for your consideration. Christy 10706,8 1 EXHIBIT 75 a� P.O. Box 898 • Kallua-Kona,Hawaii 96745 Aug 3,2016 County of Hawaii Duane Kanuha Department of Planning 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 RE: Special Permit Requirement Kahului 1st&2nd, North Kona, Island of Hawaii, Hawai'i TMK: 7-5-017: 044 Dear Director Kanuha: I am in receipt of your letter dated July 27,2016 asking some additional questions for the purpose of making a determination on whether a special permit is needed. I will address each Item numerically so that I don't inadvertently overlook something that you have requested. 1). How much material has been excavated from the project? (a) All work that has been conducted or material excavated on this project was for the installation of the required BMPs.There has been a settling area excavated per the Public Works inspector that would total approximately 800 cubic yards. 2) How much of that material was used onsite? (a) None to date.There is a possibility of large rock to be used for slope reinforcement that is currently undeterminable because the engineer calls out for concrete and we would like to amend the slope enforcement details to a riprap if and when the soil conditions that would require it are encountered. 3) How much is being transported to other Bolton, Inc.jobsites? (a) None currently 4) How much is being stockpiled? (a) Approximately 800 cubic yards from the flood channel job activity.There is additional material that is stockpiled from unrelated offsite activity that will be removed. 5) Please provide the amount of material excavated under this grading permit(GP 092524) from 12/15 to present and confirm that no material has been used in the floodway. (a) As stated above approximately 800 cubic yards has been excavated from 1/6/2016 to the present under this referenced permit and no material has been used in the floodway. Bolton,Inc is an Equal Opportunity Employer Telephone:(808)329-8240 9 Fax:(808)326-1247 9 Lia#ABC-14458 Aw 6) A list of equipment on site that is directly related to the project and those that are not related. (1) On Site Related (a) 1 John Deere 710 backhoe (b) 1 PC 130 excavator (c) 1 John Deere 772 motor grader to maintain truck haul roads out of the channel (d) 1 Iron grizzly/screen (e) Misc crusher related items of spare parts for operational use (f) In the near future a crusher will be onsite (g) PC 400 excavators (h) PC 400 hammer attachments (i) Support vehicles such as mechanic trucks 0) Rock truck for hauling to the crusher (k) Road legal trucks for exporting material (1) Jobsite managerial trailers (m)D8 bulldozer (n) Water truck (o) Loader (2) On Site Unrelated (a) 1 Lee Boy paver There are 2 storage containers,a roll-off bin for rubbish perhaps and a visible flat rack that is storing possibly what appears to be wear items for the crusher or various types of equipment that will be support for the floodway channel construction. Due to the large overgrowth further inventorying of what is onsite is difficult and subject to inaccuracies. It is our hope that this will provide you with enough detail to make a determination regarding the "commercial excavation"issue as the permits we have are time sensitive and will require extension or renewal. Please feel free to contact me if there are any other questions. re B Inc Christy A Logan, PMP a P.O. Box 898 - Kallua-Kona, Hawaii 96745 �0N g0MPP Aug 3, 2016 County of Hawaii _ Duane Kanuha an� i> z, Department of Planning 101 Pauahi Street, Suite 3 `- Hilo, Hawai'i 96720 O. a RE: Special Permit Requirement T Kahului 1st & 2nd, North Kona, Island of Hawai'i, Hawai'i _ -L TMK: 7-5-017: 044 z s Dear Director Kanuha: I am in receipt of your letter dated July 27, 2016 asking some additional questions for the purpose of making a determination on whether a special permit is needed. I will address each item numerically so that I don't inadvertently overlook something that you have requested. 1). How much material has been excavated from the project? (a) All work that has been conducted or material excavated on this project was for the installation of the required BMPs. There has been a settling area excavated per the Public Works inspector that would total approximately 800 cubic yards. 2) How much of that material was used onsite? (a) None to date. There is a possibility of large rock to be used for slope reinforcement that is currently undeterminable because the engineer calls out for concrete and we would like to amend the slope enforcement details to a riprap if and when the soil conditions that would require it are encountered. 3) How much is being transported to other Bolton, Inc.jobsites? (a) None currently 4) How much is being stockpiled? (a) Approximately 800 cubic yards from the flood channel job activity. There is additional material that is stockpiled from unrelated offsite activity that will be removed. 5) Please provide the amount of material excavated under this grading permit(GP 092524) from 12/15 to present and confirm that no material has been used in the floodway. (a) As stated above approximately 800 cubic yards has been excavated from 1/6/2016 to the present under this referenced permit and no material has been used in the floodway. Bolton, Inc. is an Equal Opportunity Employer 107021 Telephone:(808)329-8240-Fax:(808)326-1247-Lic.#ABC-14458 f 6) A list of equipment on site that is directly related to the project and those that are not related. (1) On Site Related (a) 1 John Deere 710 backhoe (b) 1 PC 130 excavator (c) 1 John Deere 772 motor grader to maintain truck haul roads out of the channel (d) 1 Iron grizzly/screen (e) Misc crusher related items of spare parts for operational use (f) In the near future a crusher will be onsite (g) PC 400 excavators (h) PC 400 hammer attachments (i) Support vehicles such as mechanic trucks (j) Rock truck for hauling to the crusher (k) Road legal trucks for exporting material (1) Jobsite managerial trailers (m)D8 bulldozer (n) Water truck (o) Loader (2) On Site Unrelated (a) 1 Lee Boy paver There are 2 storage containers, a roll-off bin for rubbish perhaps and a visible flat rack that is storing possibly what appears to be wear items for the crusher or various types of equipment that will be support for the floodway channel construction. Due to the large overgrowth further inventorying of what is onsite is difficult and subject to inaccuracies. It is our hope that this will provide you with enough detail to make a determination regarding the "commercial excavation" issue as the permits we have are time sensitive and will require extension or renewal. Please feel free to contact me if there are any other questions. S' c re B Inc Christy A Logan, PMP P.Kenoi WilliDuane Kanuha am Mayor 1+y Director Joaquin Gamiao-Kunkel Deputy Director r{•QF•%'.N West Fiawai`i office East Hawaii Office 74-5044 Ane Keohokaiole Hwy161 Pauahi street,Suite 3 Kailua-Kona,Hawai'i 95740 County of H awal i Hila,Hawai'i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 August 23, 2016 Ms. Christy A. Logan,PMP Bolton Inc. P. 0 Box 898 Kailua-Kana, HI 96745 Dear Ms. Logan, SUBJECT: SPECIAL PERMIT REQUIREMENT TMK(3) 7-5-017:444 Kahului 1st& 2"d North Iona Hawaii This will acknowledge receipt of your letter dated August 3, 2016, providing responses to additional questions in our letter of July 27, 2016 regarding the above. Amer preliminary review, there are apparent contradictions between the information provided in your previous July 12, 2016 letter and your latest submittal. Those contradictions,along with new information on the listing of equipment on site related to the project, has compelled me to determine that a site inspection by our department staff and representatives from the Department of Public Works (DPW) is necessary in order for us to make a final determination on the parameters of Bolton Inc's Special. Permit application. We will contact you to arrange the site inspection. In the meantime, please cease and desist all work on site until we can make the above referenced determinations. Please feel free to contact me at this office if there are any further questions. Sincerely, UANEel Planning Director www.cohplannia dept.com Hasvai'i County is an Equal Opportunity Provider and Employer Dlannif Qhawaiicountv.gov EXHIBIT 76 Ms. Christy A. Logan, PMP Bolton Inc. August 23, 2016 Page 2 cc: Daryn Arai,Planning Division William V. Brilhante Jr. Esq.,Assistant Corporation Counsel Jeff Darrow,Planning Division DPW Engineering(Kona) Bennett Mark, Kona Office Horace Yanagi,Kona Office William P.Kenoi Duane Kanuha Mayor Director Joaquin Gamiao-Kunkel Deputy Director •'Tf pf'N�'� West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy ((11�� �` • • 101 Pauahi Street,Suite 3 Kadua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)%1-8742 September 21, 2016 Ms. Christy A. Logan, PMP Bolton Inc. P. O Box 898 Kailua Kona, HI 96743 Dear Ms. Logan: Assessment of Conditions Relating to Warning Letter dated February 19,2016 (File No. 2015-035W) and Disposition of Special Permit Application No. 16-000188 Applicant: Bolton,Inc. TMK 7-5-017.044 Kahului 1st&2ad.North Kona,Hawai'i This is in regard to our letter dated August 23, 2016,wherein we requested Bolton Inc. to cease and desist all work on site until a site inspection was conducted.That letter was the culmination of a series of letters and confirmations requested of Bolton Inc.in an effort to determine whether or not a violation of the Zoning Code or State Land Use Law had occurred and if so,whether or not the Special Permit application filed by Bolton Inc. would continue to move forward. After further consultation and field verification with and between DPW Engineering staff and our Zoning Inspector,we conclude that work being conducted on the property under the parameters of Grading Permit No. 092524 and stockpiling permits Nos. 092525 and 092529,and associated permits secured thereto(DOH temporary covered source permit and community noise permit)do not fall within the purview of Zoning Code requirements for a Special Permit under Section 25-5-72(c)(5), HCC. Section 25-5-72(c)requires that the following uses may be permitted in the(County)Agricultural zoning district,provided that a Special Permit is obtained for such use if the building site is located within the State Land Use Agricultural district. The only use category that could be reasonably applicable under this section is"(5) excavation or removal of natural building material or minerals, for commercial use." Generally speaking, we equate this definition to a quarry, where the purpose of the excavation and removal of natural building material is solely for purposes. However, in this case, the evidence finds that the removal of natural building material from the subject property is related to on-site and off-site drainage improvement purposes with no further evidence it is being conducted for commercial purposes as a quarry would. We can therefore conclude that the material removal, as you specifically represented, is therefore defined by Chapter w�cohPl,4n wjoePt_corn Hawaii County is an Equal Opportunity Provider and Empl oyer piarrnin �u?hawaiiuiunt� of v EXHIBIT 77 SEP 2 1 LU1b Ms. Christy A. Logan,PMP Bolton Inc. Page 2 September 21,2016 10,HCC,Erosion and Sedimentation Control.All aspects of the drainage way improvement project thereafter are controlled under the requirements and conditions of the approved grading or applicable land alteration permit(s). From a use standpoint, the approved drainage way improvements and related activities alone do not define or establish a class of use upon these Agricultural lands that is prohibited by the Zoning Code or the State Land Use Law. With regard to the base yard component of the pending Special Permit application, your letter of August 3, 2016 provided, as requested,a list of all equipment on site and a breakdown of what equipment was directly related to the drainage way improvement project and what equipment was not. A review of the listing confirms that almost all of the equipment on site is necessary to implement the approved grading plan. Our investigation has also determined that Bolton Inc.has an established base yard elsewhere and as such,we conclude that the equipment on site is directly related to implementing the approved grading permit and because a base yard is not being established,a Special Permit application will not be required. Therefore, your Special Permit application will be withdrawn from further processing and the filing fee will be refunded under separate cover. We thank you for all your cooperation in this matter and we are confident that these determinations are defensible based on all of the facts provided and confirmed by our department. Please feel fire to contact me our offices if there are any further questions. Sincerely, KANUHA l` g Director DK:dsa:mad P:\wpwin60\DSA\2016\Ltr3BoltonlncO9l6l6REV.doc cc William V. Brilhante,Assistant Corporation Counsel DPW Engineering(Kona) Planning Division(ATTN: Daryn Arai and Jeff Darrow) West Hawaii Division(ATTN: Bennett Mark and Horace Yanagi) Councilmember Dru Kanuha Councilmember Karen Eoff Intervenor Jeff Citron Michael Matsukawa,Esq. V •'FQ i '1116 SE? 29 pm y 09 -At r o, �t�,� i J x,11,1IENT � -yJ� � �• P.O. Box 898 • Kailua-Kona,�ISaSnrair,f96T45, : r,� 'tON � J September 28th,2016 ? r County of Hawaii Department of Planning 101 Pauahl Street,Suite 3 •— Hilo, Hawai'i 96720 RE: Subject: Special Permit(SPP-000188)Complaint: Base yard for Equipment, Storage of Materials,Stockpiling and Crushing of Natural Products for Commercial Use and a Security Dwelling TMK• 7-6-017:044 Dear Director. Your letter dated September 2111,2016 was received by our office September 26M 2016.We would like to acknowledge all of the time and energy that has been expended in this matter and relay in writing the professionalism of all of your staff from both the Kona and Hilo offices. With regard to the Special Permit Application please also accept this letter as our formal request for the withdrawal of said application. Si ce�ety Chn A Logan, PMP Bolton, Inc. Bolton,Inc.is an Equal Opportunity Employer EXHIBIT 78 Telephone:(808)329.8240•Fax:(808)326.1247•Uc.0 ABC-14458 107808 MICHAEL J. MATSUKAWA 71316 N'T ATTORNEY AT LAW TERRITORIAL CENTRE• SUITE 201 75-5751 KUAKINI HIGHWAY r KAILUA-KONA•HI 96740 TELEPHONE NO. 1808)329-1385 FAX NO. 1808)329-0512 E-MAIL kapulu®msn.c= September 28, 2016 Mr. Duane Kanuha Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 RE: SEPTEMBER 21, 2016 LETTER BOLTON, INC. TMK 7-5-017 : 44 SPECIAL PERMIT APPLICATION 16-000188 WARNING LETTER DATED FEBRUARY 19, 2016 Dear Mr. Kanuha: This letter is in response to your September 21 , 2016 letter address=ed to Bolton, Inc. , a copy of which was sent to me. I disagree with your interpretation and application of the State Land Use Law (Chapter 205, HRS) , the implementing regulations of the State Land Use Commission and the County Code (Chapters 10 and 25) . Above all things, I object to your purported "disposition" of the warning letter and the Special Permit application that is now pending before the Leeward Planning Commission- in SPP 16-000185 . A Petition for intervention is also pending before the Commission in SPP 16-000188 . I request that you forward this letter to the Chairperson and members of the Leeward Planning Commission before you do anything further on this matter. EXHIBIT 79 107876 MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 2 A. STATE LAND USE LAW The State Legislature described the kind of activity that can be put on land that is assigned to the State Agriculture Dis- trict. The range of permitted activity is LIMITED to that which is set forth in Section 205-2 (d) , HRS. To qualify as a permitted use under Section 205-2 (d) , HRS, a drainage improvement project must be a: (7) Bona fide agricultural service [] and use [] that support [s] the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities . . . . (emphasis added) The "above activities" quoted refer to the activity described in preceding subparagraphs (1) to (6) relating to crops, orchards, farming, aquaculture, wind energy and biofuel production and solar energy facilities. Arguably, the phrase is also intended to refer to the activity described in subparagraphs (8) to (12) as well. 1. Question Presented The question is what "agricultural activity" does the landowner' s drainage improvement project "support" -and- is the drainage improvement project "accessory" to that "agricultural activity"? In your letter of September 21, 2016, you avoid answering this question, stating at Page 2 that: MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 3 . . . From a use standpoint, the approved drainage way improvements and related activities alone do not define or establish a class of use upon these Agricul- tural lands that is prohibited by the Zoning Code or the State Land Use Law. (emphasis added) 2 . Chapter 205, HRS The use of land. in the State Agriculture District with soil class C, D, E or U is "restricted to the uses permitted for agricultural districts as set forth in Section 205-5 (b) . " See Section 205-4 . 5 (c) , HRS . Under Section 205-5 (b) , HRS, there are two general categories of permitted uses of land with this soil class : (1) those uses that the State Land Use Commission deter- mines to be "compatible" by agency rule to the activities set forth in Section 205-2 (d) , HRS and (2) the "accessory agricultural uses and services" referred to in Section 205-2 (d) (7) , HRS and that the counties may "further define" by ordinance. 3 . Land Use Commission Rule The State Land Use Commission' s rule on point is HAR 15- 15-25 (effective 2013) . This rule simply incorporates the statu- tory provisions of Section 205-2 (d) , HRS and, curiously, describes a separate class as those "uses compatible to the activities described in Section 205-2 (d) , HRS. " In other words, rather than MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 4 describe what might be a "compatible" use (as the Legislature directed under Section 205-2 (b) , HRS) , the State Land Use Commission offers little or no guidance.' However, the State Land Use Commission' s Rule HAR 15-15- 23 states that by "applicable county ordinances" counties may impose "more restrictive" requirements on the use of land in the district, i .e . , counties may establish requirements that are stricter than that found in Section 205-2 (d) , HRS, 2 but not more expansive than the uses that are set forth in Section 205-2 (d) , HRS. 4 . Back to Section 205 (d) (7) , HRS According to Section 205-5 (b) , HRS, the "accessory agri- cultural uses and services" set forth in Section 205 (d) (7) , HRS are permitted. Again, but what "agricultural activities" does the drainage improvement project in question support? 5 . County Further Definition Section 205-5 (b) , HRS allows counties to "further define" what might qualify as an "accessory use [) and service [] . " It is ' See further discussion under Part A. 6, below. 2 It is not clear whether this rule lies beyond the Land Use Commission' s authority to adopt. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 5 important to note, however, that the counties' authority extends to "defining" accessory uses only and not to establishing new primary uses (which is the function of the Legislature and State Land Use Commission to do) . Looking to the County Code, one can see that the County Council refers to an "accessory use" as one that is associated with and incidental to a "main or permitted use. " See Code Section 25- 1-5 (definitions) . As to what qualifies as a "main or permitted use, " Code Section 25-5-72 lists a range of activity that is con- sistent with the activity set forth in Section 205-2 (d) , HRS (the main or permitted uses allowed by the Legislature in the district) . Code Section 25-5-72 also sets forth some activities that are not expressly set forth in Section 205-2 (d) , HRS such as group living facilities' and utility substations. Code Section 25-5-72 (c) , however, is not an exhaustive list of activity that is prohibited under Section 205-2 (d) , HRS. Code Section 25-5-72 (c) simply reflects the County's policy that it will support a Special Permit for the described activities, nothing more. If a use is prohibited under Section 205-2 (d) , HRS but is not listed under Code Section 25-5-72 (c) , that use is still prohibited and must be supported by ' The general zoning law, Section 46-4 (d) , HRS states that no "law" shall prohibit group living facilities. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 6 a Special Permit .' In summary, excavation to improve a "FEMA drainageway" in the district must support or be accessory to an articulated agri- cultural main or primary activity set forth in Section 205-2 (d) , HRS. As stated in Part B, below, no one has articulated that main or principal activity (that is treated as a permitted use under Section 205-2 (d) , HRS) in this instance. 6 . County Enforcement Although the Legislature, pursuant to Section 205-12, HRS, designated and authorized the counties to enforce "the restriction on use and the condition relating to agricultural districts under section 205-4 .5, "5 the Legislature did NOT authorize the counties to dilute the Legislature' s statutory restrictions and provisions through the counties' interpretation and "enforcement" of Section 205-2 (d) , HRS or to establish "new" primary or main uses on their own under the guise of "enforcement" action under Section 205-12, HRS. Counties have an obligation to interpret and to apply Section 205-2 (d) ' s statutory restrictions and provisions as pub- lished by the Legislature. Thus, Code Section 25-5-72 (c) cannot ' In that instance, the County has not expressed any policy as to whether a Special Permit should be allowed therefor. 5 The "conditions, " arguably, refer to the subdivision activity set forth in subsection (b) of Section 205-4 .5, HRS. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 7 be construed as being absolute, complete and conclusive as to the kinds of activity that are prohibited under Section 205-2 (d) , HRS. B. THE FACTS There is no evidence that the drainage improvement project in question supports any articulated agriculture activity now taking place on the land. In substance, the drainage improve- ment project purports to be a freestanding, primary or main use in itself that is not accessory to or supportive of an articulated existing agriculture use. In reality, the drainage improvement supports the landowners contemplated use of the land for non- agriculture purposes. C. OTHER LAWS 1. Chapter 181, HRS Chapter 181, HRS requires a State license to engage in "strip mining" (as the term is defined in Section 181-1, HRS) . The activity so described subjects the landowner or operator to State licensure if the activity is part of a business or for the sale of the excavated material. If the landowner in this case is not excavating material as part of a business or for sale, then Chapter 181, HRS would not apply. However, this fact has not been conclu- sively determined. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 8 2. Grading Ordinance The purpose of the grading and stockpiling permits that the County Public Works Department issued for the drainage improve- ment project is to improve public safety and to increase the area of land that the owner might develop in the future. Again, the question is whether the drainage improvement project is permitted under State law (Chapter 205, HRS) , as discussed above. The drain- age improve-ment project must support an articulated agriculture activity set forth in Section 205-2 (d) , HRS. I do not believe the owner has articulated this fact. The Public Works Department must follow the requirements of Chapter 205, HRS and should not have issued the grading and stockpiling permits since the drainage improvement project does not support a main permitted agriculture use. D. SUMMARY Under Section 205-12, HRS, the County must determine whe- ther the drainage improvement project supports or is accessory to an articulated agriculture activity that is allowed under Section 205-2 (d) , HRS and what that agriculture activity might be. Until this determination is made, your letter of September 21, 2016 is premature. E. "DISPOSITION" OF BOLTON, INC. APPLICATION FOR A SPECIAL PERMIT In your letter you purport to "dispose" of the Special MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 9 Permit application on your own and state that "a Special Permit application will not be required" for the drainage improvement project. The reason for your purported "disposition" action is that no "commercial" activity is associated with the drainage improvement (e.g. , sale of material to others offsite) and that no "baseyard" activity exists. You conclude that the Special Permit application will be "withdrawn" without further action on the part of the Leeward Planning Commission . However, no law gives the Commission' s staff the authority to "dispose" of an accepted application or to allow an application to be "withdrawn" after the Commission has taken jurisdiction of the application. 1. The Agency Record The record in SPP 16-000188 shows that the landowner- applicant in its own words described the "use" covered by the application in question as including: a. a baseyard; and b. commercial excavation, noting that material may be transported offsite and/or stockpiled on site. (Application dated March 1, 2016, Item 3 .A) 6 6 These words are the landowner-applicant' s own description of the "use" involved. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 10 The record shows that the Planning Department accepted? the application and described the "proposed use" covered by the accepted application as including: a. a baseyard; and b. crushing of natural materials for a commercial use. (Background Report dated May 9, 2016, Page 1; Recommendation dated May 9, 2016, Page 1) In other words, the Commission' s staff accepted the landowner-applicant' s statements as being correct. The record shows that the Commission' s staff, on behalf of the Commission, then set a public hearing on the application and submitted its background report and recommendation to the Commis- sion for its consideration. On May 19, 2016, the Leeward Planning Commission received public testimony on the application and also received a Petition from an interested person to be made a party to the proceeding (a request for intervention) . The Commission took testimony on the Petition for intervention in the manner provided in Rule 4-6 governing "pre-hearing procedure. " Rule 4-6 (b) specifically states that: The Commission will grant or deny such written request prior to any further action on the matter.' 7 Rule 6-4 states the Commission "shall neither accept nor process an application which is incomplete as to form and content. " 8 The "matter" refers to the Special permit application. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 11 The Petitioner can appeal the Commission' s decision if the Commission acts to deny its request for intervention. Rule 4- 6 (c) . During the May 19, 2016 public hearing, the Commission' s staff did not advise the Commission or the public that the applica- tion was actually unnecessary or that its background investigation was wrong. The Commission's minutes are clear on this point. At the conclusion of the public hearing, the Commission continued the proceeding and took no action on the Petition for intervention.9 The record does NOT contain any request from the land- owner-applicant a. to amend the application for a baseyard and for commercial excavation -or- b. to withdraw its application. 2 . Commission Jurisdiction Under Rule 4, the application is now within the Leeward Planning Commission's jurisdiction. Only the Commission, not its staff, can take action on the application. If the landowner- applicant wishes to submit an amendment or withdrawal request, it must submit such a request to the Commission for decision following a public hearing. 9 As stated, Rule 4-6 (b) requires the Commission to act to grant or to deny the Petition "prior to [taking] any further action on the matter [the application] . MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 12 Further, Rule 4-6 (b) requires the Commission to first act on the Petition for intervention, based on the facts contained in the existing application that its staff had accepted on behalf of the Commission. 3 . Special Permit Required for Drainage Improvement Project The Leeward Planning Commission' s staff asserts that no Special Permit is required for what it now concludes is merely a stand-alone drainage improvement project that is permitted under Section 205-2 (d) , HRS. However, in context of the procedural posture of SPP 16-000188, the Commission's staff must present its "new" findings and conclusions to the Leeward Planning Commission at a public hearing. Specifically, the Commission' s staff must explain at a public hearing why the drainage improvement project constitutes a permitted use in the district pursuant to Section 205-2 (d) , HRS, as discussed in Parts A, B and C, above.lo The Leeward Planning Commission must then make findings on point and must explain why supervision over the activity in question passes to the Department of Public Works when the Legislature directed the Planning Department to decide the question raised under Section 205-12, HRS. io There is no evidence that the drainage improvement supports or is accessory to a main or primary agricultural use on the land. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 13 The public is entitled to testify on this matter at a public hearing before the Leeward Planning Commission. Some may argue that what is transpiring is a "shibai. " It is not my duty to explain how the Commission can or should address the substantive and procedural issues that arise out of your "new" findings. I can advise you that the Commission must first act on the Petition for intervention that is pending before the Commission for decision as is required by Rule 4-6 (b) . F. CONCLUSION The rule of law governs agency proceedings. If the Lee- ward Planning Commission' s staff has determined that it had erred when it issued the February 19, 2016 Warning Letter, that it had erred in "advising" the landowner-applicant to submit a Special Permit application for a baseyard, commercial excavation and secu- rity housing and that it had erred in accepting the landowner- applicant' s application therefor, the Commission is still the agency with the jurisdiction and authority to determine what action should be taken on the application that is now before the Commis- sion and the interested person' s request to be made a party under its Petition for intervention. Please forward a copy of this letter to the Chairperson and members of the Leeward Planning Commission to ensure that the Commission is aware of what is transpiring and to ensure that the MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 14 rights of the Petitioner requesting intervention and the public are not impaired by improper agency action. Your truly, Michael J. Matsukawa MJM:j ff\cooperso\2\kanuha.1tl Encs. : Summaries of Applicable Law September 21, 2016 Letter xc: William V. Brilhante, Esq. DPW Engineering (Kona) Planning Division (ATTN: Daryn Arai and Jeff Darrow) West Hawaii Division (ATTN: Bennett Mark and Horace Yanagi) Councilmember Dru Kanuha Councilmember Karen Eoff Jeff Citron, Petitioner for Intervention r 5205-2 Districting and classification of Lands . (d) Agricultural districts shall include: (1) Activities or uses as characterized by the cultivation of crops, crops for bioenergy,orchards, forage, and forestry; (2) Farming activities or uses related to animal husbandry and game and fish propagation; (3) Aquaculture,which means the production of aquatic plant and animal life within ponds and other bodies of water; (4) Wind generated energy production for public,private,and commercial use; (5) Biofuel production,as described in section 205-4.5(a)(1 G), for public, private,and commercial use; (G) Solar energy facilities;provided that: (A) This paragraph shall apply only to land with soil classified by the land study bureau' s detailed land classification as overall (master) productivity rating class B, C, D, or E; and (B) Solar energy facilities placed within land with soil classified as overall productivity rating class B or C shall not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser, unless a special use permit is granted pursuant to section 205-5; (7) Bona fide agricultural services and uses that support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities,regardless of whether conducted on the same premises as the agricultural activities to which they are accessory, including farm dwellings as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills, s aro ge facilities,processing facilities, photovoltaic, biogas, and other small-scale renewable energy systems producing energy solely for use in the agricultural activities of the fee or leasehold owner of the property, agricultural-energy facilities as defined in section 205-4.5(a)(17), hydroelectric facilities in accordance with section 205-4.5(a)(23), vehicle and equipment storage areas,and plantation community subdivisions as defined in section 205-4.5(a)(12); (8) Wind machines and wind farms; (9) Small-scale meteorological,air quality, noise,and other scientific and environmental data collection and monitoring facilities occupying less than one-half acre of land; provided that these facilities shall not be used as or equipped for use as living quarters or dwellings; (10) Agricultural parks; (11) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment,education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 245-5; (12) Agricultural tourism activities, including overnight accommodations of twenty-one days or less, for any one stay within a county;provided that this paragraph shall apply only to a county that includes at least three islands and has adopted ordinances regulating agricultural tourism activities pursuant to section 205-5;provided further that the agricultural tourism activities coexist with a bona fide agricultural activity. For the purposes of this paragraph, "bona fide agricultural activity" means a farming operation as defined in section 165-2; (13) Open area recreational facilities; (14) Geothermal resources exploration and geothermal resources development, as defined under section 182-1; and (15) Agricultural-based commercial operations, including: (A) A roadside stand that is not an enclosed structure, owned and operated by a producer for the display and sale of agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii: (B) Retail activities in an enclosed structure owned and operated by a producer for the display and sale of agricultural products grown in Hawaii, value-added products that were produced using agricultural products grown in Hawaii, logo items related to the producer' s agricultural operations, and other food items; and (C) A retail food establishment owned and operated by a producer and permitted under title 11, chapter 12 of the rules of the department of health that prepares and serves food at retail using products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii. The owner of an agricultural-based commercial operation shall certify,upon request of an officer or agent charged with enforcement of this chapter under section 205-12, that the agricultural products displayed or sold by the operation meet the requirements of this paragraph. Agricultural districts shall not include golf courses and golf driving ranges, except as provided in section 205-4 . 5 (d) . Agricultural districts include areas that are not used for, or that are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics. http://www.capitol.hawaii.gov/hrscurrentIVoIO4_Ch0201-0257/fIRS0205/HRS_0205-000... 9/26/2016 §205-4.5 Permissible uses within the agricultural districts . (c) Within the agricultural district, all lands with soil classified by the land study bureau ' s detailed land classification as overall (master) productivity rating class C, p, E, or U shall be restricted to the uses permitted for agricultural districts as set forth in section 205-5 (b) . § 205-5. Zoning. (b) Within agricultural districts, uses compatible to the activities described in section 205-2 as determined by the commission shaii be permitted; provided that accessory agricultural uses and services described in sections 205-2 and 205-4 . 5 may be further defined by each county by zoning ordinance. - HRS §205--1) SUBCHAPTER 3 PERMISSIBLE LAND USES §15-15-23 Permissible uses; , generally. Except as otherwise provided in this chapter, the following land and building uses are compatible and permitted within the following land use districts, except when, applicable county ordinances or regulations are more restrictive. Except as otherwise provided in this chapter, uses not ex resslpermitted are prohibited. [Eff 10/27/86; comp 8/16/97; camp ; and comp NOV 0 22013 ] (Auth: HRS §§205-1, 205-7) (Imp: HRS §205-2) §15--15-24 Permissible uses within the "U" urban district. Any and all uses permitted by the counties, either by ordinances or rules may be allowed within this district, subject to any conditions imposed by the commission pursuant to Section 205-4 (g) , HRS. [Eff 10/27/86; am and comp 8/16/97; comp 5/8/0]D; camp NOV 4 22013 (Auth: HRS §§205-1, 205-7) (emp: HRS §205-2) §15--15--25 Permissible uses within the "A" agricultural district. (a) Permissible uses within the agricultural district on land with soil classified by the land study bureau' s detailed land classification as overall (master) productivity rating class A or B shall be those uses set forth in section 205-4 .5, HRS. (b) Permissible uses within the agricultural district on .land with soil classified by the land study bureau' s detailed land classification as overall •(master) productivity rating class of C, D, E, and U shall be those uses as set forth in sections 205-2, 205-4 . 5, and 205-5, HRS, and also uses compatible to the activities described =205-2 (d) , HRS. [Eff 10/27/86, am and comp 8/1.6/97; camp 518/00; am and comp NOV 4 22613 ] (Auth: HRS §§205-1, 205-7) (Imp: HRS §§205--2, 205-4 . 5) §205-12 Enforcement. The appropriate officer or agency charged with the administration of county zoning laws shall enforce within each county the use classification districts adopted by the land use commission and the restriction on use and the condition relating to agricultural districts under section 205-4 . 5 and shall report to the commission all violations . [L 1963, c 205, pt of §2; Supp, §98H-12; HRS §205-12; am L 1976, c 199, §2] Attorney General Opinions Counties ' responsibility for enforcement includes taking necessary actions against violators; such enforcement covers all land use district classifications and land use district regulations, except those relating to conservation districts. Att. Gen. Op. 70-22 . Law Journals and Reviews "Urban Type Residential Communities in the Guise of Agricultural Subdivisions: " Addressing an Impermissible Use of Hawai `i ' s Agricultural District . 25 UH L. Rev. 199 (2002) . Ala Loop and the Private Right of Action Under Hawaii Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010) . Case Notes In the circumstances of the case, article XI, §9 of the Hawaii constitution created a private right of action to enforce chapter 205, and the legislature confirmed the existence of that right of action by enacting §607-25, which allows for the recovery of attorneys ' fees in such actions; chapter 205 is a law relating to environmental quality within the meaning of article XI, §9, §9 is self-executing, and this section imposes "reasonable limitations and regulations" that were applicable to the case which allowed the private right of action to enforce chapter 205. 123 H. 391, 235 P. 3d 1103 (2010) . ZONING §25-5-57 (e) Exceptions to the regulations for the FA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (f) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is used for minor agricultural products processing. (1996, Ord. No. 96-166, see. 2; ratified April 6, 1999; Am. 2015, Ord. No. 15-33, sec. 4.) Division 7. A,Agricultural Districts. Section 25-5-70. Purpose and applicability. The A(agricultural) district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-71. Designation of A districts. Each A(agricultural) district shall be designated on the zoning map by the symbol "A' followed by a number together with the lower case letter"a"which indicates the required or minimum number of acres for each building site. For example, A-IOa means an agricultural district with a minimum building site area of ten acres. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-72. Permitted uses, i� os Cw)a (a) The following uses shall b permitted in the A district: (1) Agricultural parks- �/o) (2) Agricultural products processing, major and minor. (7) 20 (3 Agricultural tourism as permitted under section 25-4-15. C Ii �' Animal hospitals. (2)0(T) (5) Aquaculture. (3) (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arbor t ms, floriculture, and similar uses dealing with the growing of plants. (06-CF) (7) Campgrounds, parrs, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where I one of the recreational features are entirely enclosed in a building. (13 A10 20.9 Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (9) Crop production. (t) (10) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised 67J Statutes and as permitted under section 25-5-77(b). (11) Farm dwellings, as permitted under section 25-5-77(b) and Q. 25-93 cd� I !rV-iJT § 25-5-72 HAwAi'i COUNTY CODE (12) Fertilizer yards utilizing only manure and soil, for commercial use. W (13) Forestry. (1) (14) Game and fish propagation. (Z) AVD '20.S �W Group living facilities. �r � Kennels. (l 7) Livestock production, provided that piggeries, apiaries, and pen feeding of livestock shall only be located on sites approved by the State department of health and the director, and must be located no closer than one thousand feet away from any major public street or from any other zoning district. (z) (18) Public uses and structures which are necessary for agricultural practices. [7) No ;6 { j"Retention, restoration, rehabilitation, or improvement of building or sites of historic or scenic interest. (20) Riding academies, and rental or boarding stables. 03) 't (7) (2 1) Roadside stands for the sale of agricultural products grown on the premises. C 7) Np sa�� Utility substations, as permitted under section 25 z3} Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, g me and fish propagation, livestock grazing and livestock production. 34/vpk,!7 r)0--)QQ Veterinary establishments. (25) Wind energy facilities. ( (b) The following uses may be permitted in the A district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf course 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. (2) Telecommunication antennas and towers. (c) The following uses may be permitted in the A district, provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (puy��l. CdC,h4 (1) Adult day care homes. Lre)I-ds X'Or Pfl It LY -?Aar (2) Airfields, heliports, and private landing strips. �� VQ Nv ar (3) Bed and breakfast establishments, as permitted under section 25-4-7. (4) Community buildings, as permitted under section 25-4-11. (Jo (5) Excavation or removal of natural building material or minerals, commercial use. �` ' 09:5 (6) Family child care homes. Gc.f--t (7) Guest ranches. (8) Home occupations, as permitted under section 25-4-13. (9) Lodges. (10) Meeting facilities. (11) Model homes, as permitted under section 25-4-8. (12) Public dumps. 25-94 ZONING § 25-5-72 (13) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (14) Temporary real estate offices, as permitted under section 25-4-8. (15) Trailer parks with density of three thousand five hundred square feet of land area per trailer, provided that plan approval is secured prior to commencing such use. (16) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawaii Revised Statutes. (d) The following uses may be permitted in the A district, provided that a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. r A (2) Crematoriums, funeral homes, funeral services, and mortuaries. (3) Churches, temples and synagogues. (4) Day care centers. (5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (6) Major outdoor amusement and recreation facilities. (7) Schools. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the A district. (f) No building site shall be established after December 1, 1996 which shall in any way restrict or limit aquaculture, horticulture, production of crops, keeping of livestock, game and fish propagation, or the processing, sale or other commercial use of the products of such uses. (1996, Ord. No. 96-166, sec. 2; ratified and amended April 6, 1999;Am. 2008, Ord. No. 08-155, sec. 13; Asn. 2010, Ord. No. 14-17, sec. 6;Am. 2012, Ord. No. 12-28, sec. 9; Ord. No. 12-124, sec. 8;Am. 2014, Ord. No 14-86, sec. 9.) Section 25--5-73. Height limit. The height limit in the A district shall be thirty-five feet for any residential structure, including any single-family dwelling, or farm dwelling, and forty-five feet for all other structures. The director may, however, permit by plan approval, any nonresidential agricultural structures to be constructed to a height of one hundred feet, if the director determines that the additional height above the forty-five foot height limit is necessary. (1996, Ord. No. 96-164, sec. 2; ratified April 6, 1999.) Section 25-5-74. Minimum building site area. The minimum building site area in the A district shall be five acres. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) 25-95 �j-4 os N William P.Kenoi ?• = •!!rDuane Kanuha Mayor yloi�i Director Joaquin Gamiao-Kunkel Deputy Director ori os•N'r► West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawal 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 October 4, 2016 Mr. Daniel Bolton Mrs. Christy A. Logan P.O. Box 898 Kailua-Kona,HI 96745 Dear Mr.Bolton and Mrs. Logan: Special Permit Application No. 16-000188 Applicant: Bolton,Inc. Request: To Allow a Baseyard/Staging Yard for Equipment,Storage of Materials,Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Subject: Withdraw of Special Permit Tax Man Key: 7-5-017:044 This is to acknowledge receipt of your letter dated September 28, 2016 requesting to withdraw your Special Permit application(SPP No. 16-000188). Based on your request and our letter dated September 21, 2016,we will be withdrawing the above referenced application. We will be refunding your filing fee under separate cover. If you have any questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely, PDZANE Planning Director JWD:mad P:\public\wpwin60\Jeff\Letters\Withdraw Letters\LBolton-SPP 16-18 8-WithdrawSP.doc cc w/copy of letter: Marty Shimizu,Accountant cc William V. Brilhante, Assistant Corporation Counsel DPW Engineering(Kona) Planning Division(ATTN: Daryn Arai and Jeff Darrow) West Hawaii Division(ATTN: Bennett Mark and Horace Yanagi) Councilmember Dru Kanuha Councilmember Karen Eoff Intervenor Jeff Citron Michael Matsukawa, Esq. EXHIBIT 80 www.cohnlanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planning(a hawaiicoun ov OCT 052016 . YT DATE 3Y__�Tf Q!2(6 No4 7 2 9 0 6 RECEIVED FROM ` °1 ; nL- sP Scz DOLLARS 0FOR RENT AOR_5 PA F/F TM K. ACCOUNT Q CASH PAYMENT ��J J HECK MONEY '" FROM TO ORDER BAL DUE (-)CREDIT CARD BY CW William P.Kenoi ?`-'`•V" !t, Duane Kanuha Mayor - Director Joaquin Gamiao-Kunkel M•'.% Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 October 11, 2016 Michael J. Matsukawa, Esq. Territorial Centre, Suite 201 75-5751 Kuakini Highway Kailua-Kona, HI 96740 Dear Mr. Matsukawa: Special Permit Application (SPP 16-000188) Applicant: Bolton, Inc. Request: To Allow for a Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Subject: Refund of Filing Fee for Petition Tax Map Key: 7-5-017:044 The Planning Department previously acknowledged receipt of your Petition for Standing in Contested Case Hearin; for the above referenced Special Permit. The Planning Department has recently received a request by the applicant to withdraw the Special Permit application. The Planning Department will be refunding the filing fee of$200 to you under separate cover. If you have any questions, please feel free to contact Jeff Darrow at 961-8158. Sincerely, I D ANE NUHA Planning Director JWD:mad P:\public\wpwin60\Jeff\Letters\Contested Case\LMatsukawa-SPP16-188-RefundFilingFee.doc cc: Jeff Citron, President of The Community Associations of Hualalai Marty Shimizu, Accountant www.cohplanningdcpt.com Hawaii County is an Equal Opportunity Provider and Employer plan iin&@hawaliicoD&.--ov EXHIBIT 811 2 2016 DATE� �,6 Noo472991 RECEIVED FROM I�h /G• d-�C� oC) F P.f�. �X f�9R K�.•��..Ko��.,�. ab�4c Q FOA RENT DOLLARS oR L.tadTMK 7-S-D1� : d44;aDan�SPp -tt�3R ACCOUNT CASH HECKfBY 7 545 » PAYMENT e� , ROM ,�7��;� MONEY TO ORDER BAL.DUE CREDIT CARD To Reorder visit ww%.dwmbkKirird.noWoundmWn MICHAEL J. 14ATSUKAWA Attorney at Law Territorial Centre, Suite 201 75-5751 Kuakini Highway r! Kailua-Kona, Hawaii 96740 Telephone: (808) 329-1385/Facsimile: (808) 329-0512 LETTER OF TRANSMITTAL DATE: October 13, 2016 TO: PLANNING DEPARTMENT -KONA OFFICE COUNTY OF HAWAII 74-5044 ANE KEOHOKALOLE HIGHWAY KAILUA-KONA, HI 96740 (VIA HAND DELIVERY FROM: MICHAEL J. MATSUKAWA RE: BOLTON, INC. -- SPP NO. 16-000188 TMK (3) 7-5-017 : 31 & 34 ITEMS) BEING TRANSMITTED: 0+11: Petitioner "The Community Associations of Hualalai" Objections to Planning Director' s "Disposition" of Application; Exs . A to I; Request for Agendized Meeting; CIS ( ) For your information/files ( ) For signature in BLACK INK and return ( ) For your review/comment ( ) For signature in BLACK INK and forward ( ) Per your request to ( ) Per our conversation ( ) For filing/recording ( ) For Judge' s approval ( ) Check attached to cover filing/ ( ) Courtesy copy for Judge recording fee of $ ( ) For processing/necessary (X) See Remarks below action ( ) For payment ------------------------------------------------------------------- --------- REMARKS: Please forward this box containing the above-described documents to your Hilo office for filing. Thank you. PLEASE SIGN BF4LOW ACKNOWLEDGING RECEIPT: /o/f l(� 4Siat nate ' ISI Michael J. M+�tSukctW4 a*t MICHAEL J. MATSUKAWA EXHIBIT 82 MICHAEL J. MATSUKAWA ,.,; . Attorney at Law Territorial Centre, Suite 201 75-5751 Kuakini Highway,, Kailua-Kona, Hawaii 96�f4D Telephone: (808) 329-1385/Facsimile: (808) 329-0512 LETTER OF TRANSMITTAL DATE : October 13 , 2016 TO: PLANNING DEPARTMENT COUNTY OF HAWAII 101 PAUAHI STREET, SUITE 3 HILO, HI 96720 (VIA KONA OFFICE) FROM: MICHAEL J. MATSUKAWA RE: BOLTON, INC. -- SPP NO. 16-000188 TMK (3) 7-5-017 : 31 & 34 ITEMS) BEING TRANSMITTED: 0+11: Petitioner "The Community Associations of Hualalai" Objections to Planning Director' s "Disposition" of Application; Exs . A to I; Request for Agendized Meeting; C/S ( ) For your information/files ( ) For signature in BLACK INK and return ( ) For your review/comment ( ) For signature in BLACK INK and forward ( ) Per your request to ( ) Per our conversation (X) For filing/recording ( ) For Judge' s approval ( ) Check attached to cover filing/ ( ) Courtesy copy for Judge recording fee of $ ( ) For processing/necessary (X) See Remarks below action ( ) For payment ---------------------------------------------------------------------------- REMARKS: Please return one filed copy to our office in the enclosed self- address, stamped envelope . Thank you. Al Whael J. MAWUkawa MICHAEL J. MATSUKAWA MICHAEL J. MATSUKAWA, 1885-0 Territorial Centre, Suite 201 75-5751 Kuakini Highway Kailua-Kona, Hawaii 96740 ` Telephone No. : (808) 329-1385 Attorney for Petitioner THE COMMUNITY ASSOCIATIONS OF HUALALAI BEFORE THE LEEWARD PLANNING COMMISSION J COUNTY OF HAWAII In the Matter of ) SPP NO. 16-000188 BOLTON, INC. ' s ) PETITIONER "THE COMMUNITY Application for a Special ) ASSOCIATIONS OF HUALALAIII Permit ) OBJECTIONS TO PLANNING DIRECTOR' S "DISPOSITION" OF Tax Map Key No . : (3) 7-5-017 : ) APPLICATION; EXHIBITS "A" TO 31 and 34 ) 11I11 ; REQUEST FOR AGENDIZED MEETING; CERTIFICATE OF SERVICE 101216.4\cooperso\disposit.ob2 PETITIONER "THE COMMUNITY ASSOCIATIONS OF HUALALAI" OBJECTIONS TO PLANNING DIRECTOR' S "DISPOSITION" OF APPLICATION The Petitioner "The Community Associations of Hualalai" objects to the Planning Director' s purported "disposition" of the Application (Petitioner' s attached Exhibits "A" and "B" ) because only the Leeward Planning Commission, whose jurisdiction over the Application is exclusive, may act to "dispose" of the Application and only after holding a public hearing. The Petitioner also directs the Leeward Planning Commis- sion to the Director' s September 21, 2016 letter (Petitioner' s attached Exhibit "A, " Page 2) in which he states that the drainage- way improvement project is "controlled, " not by Chapter 205, HRS • • (the State Land Use Law) , but by the County grading ordinance and the "approved . . . permits" issued therefor. ' For clarity, at Page 3 of the Background Report, Item 8 , reference is made to Special Permit 1047 (approved in February 2000) that allows a coffee visitor center to be built and operated on TMK 7-5-17 : 31, which parcel adjoins the subject property. A condition to Special Permit 1047 provides for floodway improvements as an accessory activity to support the proposed visitor center. (Background Report Exhibit 113 , " Pages 8-9, Item 9 ; see also Peti- tioner' s attached Exhibit "C, " Pages 8-9, Item 9 . ) However, Special Permit 1047 expired in February 2010, six years ago (Back- ground Report, Page 3 , last two sentences; see also Petitioner' s attached Exhibits "D" and "E" ) , and the drainageway improvements are therefore no longer "accessory" to an authorized use of the subject land that lies in the State Agriculture District . Nor do the drainageway improvements qualify as a "stand-alone" permitted use in the State Agriculture District . (See Petitioner' s attached Exhibit "F, " Part E, Pages 12-13 . ) STATE AGRICULTURE DISTRICT Section 205-6, HRS Special Permit A Visitor Center was allowed on TMK 7-5-17 : 13 through Special Permit 1047 . ' In Exhibit 5 of the Background Report, at Page 2, first Item 2, the Department of Public Works' official notes that "The permitted alterations are apparently driving the submittal of this [Special Permit] application. " (emphasis added) 2 0 0 Related Drainageway Improvements were approved as an accessory use to the Visitor Center A Grading Permit was issued for the drainageway improvements in January 2016, six years after Special Permit 1047 for the Visitor Center, the principal use, had already expired.2 By law, a permit that is erroneously issued remains erroneous and any use thereunder remains invalid. Finally, as stated in my letter of September 28, 2016 (Petitioner' s attached Exhibit "F, " Pages 11-12) , the Application in question is still within the Leeward Planning Commission' s exclusive jurisdiction. Only the Commission can "dispose" of the Application. Further, under Rule 4-6, the Commission must also act on the Petitioner' s pending request for intervention "prior to any further action on the matter [the Application] . j' REQUEST No law or rule allows the Planning Director to "dispose" of the Application (which the Leeward Planning Commission accepted) . Any action that the Planning Director might propose as to the appropriate "disposition" of the application must be placed 2 See grading permit attached as Petitioner' s Exhibit "G" and related stockpiling permits (Petitioner' s Exhibits "HII and 2 II ) . 3 In Public Access shoreline Hawaii v. Hawaii County Planning Commission, 79 Haw. 425, 431-432 P. 2d 1246, 1252-1253 (1995) (called "PASH" ) , the Hawaii Supreme Court explained the procedure that an agency must follow in a case where the Applicant (Bolton, Inc . ) asks to have its rights determined in a proceeding for which a public hearing is required by statute (such as Section 205-6 (b) , HRS) or agency rule (such as Planning Commission Rule 6- 6) . The Court also discussed the rights of a petitioner who seeks to intervene in the agency proceeding. Id. , 79 Haw. at 432-434, 903 P.2d at 1253-1256 . 3 0 0 on the Leeward Planning Commission' s agenda for a public hearing, at which time the issues raised herein can be fully discussed. Petitioner requests that the foregoing matter be placed on the Leeward Planning Commission' s agenda for an immediate public hearing on or before October 20, 2016 . DATED: Kailua-Kona, Hawaii, October 13, 2016 THE COMMUNITY ASSOCIATIONS OF HUALALAI, Petitioner By: MICHAEL J. MATSUKAWA Its Attorney 4 �c�►"` • Duane Kanuha William P.Kenoi Mayor Direclor Joaquin Gamiao-Kunkel .� Deputy Director i` West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • 101 Pauahi Strcet,Suite 3 Kaike-Kana,Hawaii 96740 County of Hawaii Hilo,Hawaii 96728 Phone(808)32311770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 September 21,2016 Ms. Christy A. Logan, PMP Bolton Inc. P. O Box 898 Kailua Kona, HI 96745 Dear Ms. Logan: Assessment of Conditions Relating to Warning Letter dated February 19,2016 (File No. 2015-035W)and Disposition of Special Permit Application No. 16-000188 Applicant: Bolton,Inc. TAM 7-5-017:044 Kahului 11"&2°d North Kona Hawai'i This is in regard to our letter dated August 23, 2016,wherein we requested Bolton Inc. to cease and desist all work on site until a site inspection was conducted.That letter was the culmination of a series of letters and confirmations requested of Bolton Inc.in an effort to determine whether or not a violation of the Zoning Code or State Land Use Law had occurred and if so,whether or not the Special Permit application filed by Bolton Inc. would continue to move forward. After further consultation and field verification with and between DPW Engineering staff and our Zoning Inspector,we conclude that work being conducted on the property under the parameters of Grading Permit No. 092524 and stockpiling permits Nos. 092525 and 092529,and associated permits secured thereto(DOH temporary covered source permit and community noise permit)do not fall within the purview of Zoning Code requirements for a Special Permit under Section 25-5-72(c)(5), HCC. Section 25-5-72(c)requires that the following uses may be permitted in the(County)Agricultural zoning district,provided that a Special Permit is obtained for such use if the building site is located within the State Land Use Agricultural district. The only use category that could be reasonably applicable under this section is "(5) excavation or removal of natural building material or minerals, for commercial use." Generally speaking, we equate this definition to a quarry, where the purpose of the excavation and removal of natural building material is solely for commercial purposes. However, in this case, the evidence finds that the removal of natural building material from the subject property is related to on-site and off-site drainage improvement purposes with no further evidence it is being conducted for commercial purposes as a quarry would. We can therefore conclude that the material removal, as you specifically represented, is therefore defined by Chapter wTww.�ghplani�� dep(,�c,m Hmvai'i County is an Equal Opportunity Provider and Employer pianping il,�liiiawuni}gon EXHIBIT ``A • • Ms.Christy A. Logan,PMP Bolton Inc. Page 2 September 21,2016 10,HCC,Erosion and Sedimentation Control. All aspects of the drainage way improvement project thereafter are controlled under the requirements and conditions of the approved grading or applicable land alteration permit(s). From a use standpoint,the approved drainage way improvements and related activities alone do not define or establish a class of use upon these Agricultural lands that is prohibited by the Zoning Code or the State Land Use Law. With regard to the base yard component of the pending Special Permit application, your letter of August 3, 2016 provided, as requested,a list of all equipment on site and a breakdown of what equipment was directly related to the drainage way improvement project and what equipment was not. A review of the listing confirms that almost all of the equipment on site is necessary to implement the approved grading plan. Our investigation has also determined that Bolton Inc. has an established base yard elsewhere and as such,we conclude that the equipment on site is directly related to implementing the approved grading permit and because a base yard is not being established,a Special Permit application will not be required. Therefore,your Special Permit application will be withdrawn from further processing and the filing fee will be refunded under separate cover. We thank you for all your cooperation in this matter and we are confident that these determinations are defensible based on all of the facts provided and confirmed by our department. Please feel free to contact me our offices if there are any further questions. Sincerely, KANd HA rlll g Director DK:dsa:mad P:\wpwin60\DSA\2016\Ur3Boltonlnc09l 616REV.doc cc William V. Brilhante,Assistant Corporation Counsel DPW Engineering(Kona) Planning Division(ATTN: Daryn Arai and Jeff Darrow) West Hawaii Division(ATTN: Bennett Mark and Horace Yanagi) Councilmember Dru Kanuha Councilmember Karen Eoff Antervenor Jeff Citron Michael Matsukawa,Esq. William P.Kenoi • �r;�`r`"'.;�� • Duane Kanuha Mayor Director Joaquin Gamiao-Kunkel Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 October 4, 2016 Mr. Daniel Bolton Mrs. Christy A. Logan P.O. Box 898 Kailua-Kona, HI 96745 Dear Mr. Bolton and Mrs. Logan: Special Permit Application No. 16-000188 Applicant: Bolton,Inc. Request: To Allow a Baseyard/Staging Yard for Equipment, Storage of Materials, Stockpiling and Crushing of Natural Materials for Commercial Use and a Security Dwelling Subject: Withdraw of Special Permit Tax Map Key: 7-5-017:044 This is to acknowledge receipt of your letter dated September 28, 2016 requesting to withdraw your Special Permit application(SPP No. 16-000188). Based on your request and our letter dated September 21, 2016,we will be withdrawing the above referenced application. We will be refunding your filing fee under separate cover. If you have any questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely, PDZANE Planning Director JWD:mad P:\public\wpwin60\Jeff\Letters\Withdraw Letters\LBolton-SPP16-188-WithdrawSP.doc cc w/copy of letter: Marty Shimizu,Accountant cc William V.Brilhante,Assistant Corporation Counsel DPW Engineering(Kona) Planning Division(ATTN: Daryn Arai and Jeff Darrow) West Hawaii Division(ATTN: Bennett Mark and Horace Yanagi) Councilmember Dru Kanuha Councilmember Karen Eoff Intervenor Jeff Citron ✓IVlichael Matsukawa,Esq. www.cohplanninedMt.com Hawaii County is an Equal Opportunity Provider and Employer platmingAhawaiicounty,gov LI '� EXHIBIT 4, Stephen K.Yamashiro Mayor 'r ••E OI N%�M dounfV of 'niv lca 4"0 _ PLANNING COMMISSION 25 Aupuni Street,Room 109 • Hilo,Hawaii 9672041254 (808)961-8288 • Fax(808)%1-9615 CERTIFIED MAIL 7099 3200 0000 4869 7541 FES 2 3 2000 Mr. Gregory R.Mooers P.O. Box 1101 Kamuela,HI 96743 Dear Mr. Mooers: Special Permit Application(SPP 99-015) Applicant: Nani Kona Coffee LLC Request: Establishment of a Coffee Visitor Center and Related Improvements Tax MAp Key 7-5-17:33 The Planning Commission at its duly held public hearing on February 4,2000,voted to approve the above-referenced application. Special Permit No. 1047 is hereby issued to allow the establishment of a coffee visitor center containing a coffee house,historical farm museum, orientation rooms,and a public spa; a building containing a general store and a coffee roasting and processing mill;a parking lot, and related improvements on approximately 7.33 acres of land within the State Land Use Agricultural District. The property is located on the southeast corner of the Hawaii Belt Road and Hualalai Road intersection,Kahului 1",North Kona,Hawaii. Approval of this request is based on the following: The proposed coffee visitor center is an unusual and reasonable use of land situated within the State Land Use Agricultural District. In recognizing that lands within agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural district. The subject property is 7.358 acres in size. The coffee visitor center will consist of two buildings containing a coffee house, historical farm museum, orientation rooms, a public spa, a general store and a coffee roasting and processing mill, as well as a parking lot and related improvements. ®a1919 EXHIBIT t��„ Mr. Gregory R. Mooers Page 2 It should be noted that the coffee roasting and-processing mill, orientation rooms, parking lot and related improvements would be permitted as accessory uses on the subject property under the State's current Agricultural classification. The coffee house, historical farm museum, public spa and general store, however, would be permitted only as provided for by an approved Special Permit. The applicant's representative has provided clarification that the coffee house will be used to prepare and serve guest meals and that the general store may sell items unrelated to the applicant's agricultural activities. The buildings and outdoor seating areas at the coffee visitor center will cover approximately 21,720 square feet on the subject property. Nani Kona Coffee farms approximately 100 acres of coffee at other properties; it is the intent of the applicant to roast, process and sell this estate grown coffee at the coffee visitor center as well as selling green coffee to large coffee processors and retailers for gourmet blends and 100% Kona coffee. The coffee visitor center will educate visitors about the coffee industry in Kona and introduce them to the applicant's estate grown coffee roasted and processed on the premises. With the exception of the coffee roasting and processing mill and the orientation rooms, the visitor center is not a permitted use within the County's Agricultural Districts. However, the purpose of the visitor center is to present agricultural products to a consumer market in a rural and educational setting. The proposed use will not displace agricultural activity nor diminish the agricultural potential of the area since this parcel has not been in agricultural use for some time. The granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. The State Land Use Law and Regulations are intended to preserve, protect and encourage the development of lands in the State for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawaii. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The proposed use will be located within an area whose soils are j classified as "E" or "Very Poor" by the Land Study Bureau's Overall Master Productivity Rating and unclassified by the Department of Agriculture's ALISH Map. The subject property is situated within the County's Agricultural-5 acres (A-5a) zoned district. The proposed coffee visitor center, parking lot and related improvements would be situated on 7.358 acres of land which has been used extensively for pasturing of cattle in the past. The proposed 7.358 acres of land that will be taken out of the agricultural inventory for this area will not significantly affect the agricultural resource of the area, as no active agricultural lands will be taken out of production to provide the area necessary to establish the proposed use. Mr. Gregory R. Mooers Page 3 Therefore, based on the above circumstances, approval of the subject request would not be contrary to the objectives of the State Land Use Law Rules and Regulations given the subject conditions. The proposed use would not displace agricultural activity nor diminish the agricultural potential of the area since this parcel has not been in agricultural use for some time. Therefore, the proposed use would not be contrary to the objectives of the State Land Use Law for the Agricultural district. The desired use will not adversely affect the surrounding properties. The surrounding land uses include agricultural/pasture uses, residences and vacant lands. The Kona Hillcrest Subdivision is located across the Queen Kaahumanu Highway from the subject property, southwest of the intersection of Queen Kaahumanu Highway and Hualalai Road (makai). There are also residences on the north side of Hualalai Road and at the northeast corner of the Queen Kaahumanu Highway and Hualalai Road. The proposed use will alter some of the existing physical character of the subject property. However, the impact of the development will be minimized through the use of plantation architectural features such as lava rock facings, re-sawn plywood siding, split pitch hip roofs and earth tone colors for the buildings. Buildings will be setback a minimum of 180 feet from Queen Kaahumanu Highway and a minimum of 80 feet from Hualalai Road. The building setbacks from the east property boundary will be 80 feet while the building setback from the southern boundary will be approximately 120 feet. Substantial landscaping and water features will minimize the impact of the buildings as viewed from surrounding roads and properties. The property is of sufficient size to allow for adequate setbacks and buffers in minimizing any physical, social or other impacts that this proposed use may have on the area. The desired use will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. There would be an increase in traffic from the proposed coffee visitor center that could adversely impact Hualalai Road and the intersection of Hualalai Road (mauka) and the Queen Kaahumanu Highway. In order to mitigate impacts to Hualalai Road, the Department of Public Works has indicated that a left-turn channelized lane may be required on Hualalai Road at the entrance to the proposed development. Furthermore, the Department of Public Works concurs with the recommendation of the applicant's Traffic Impact Analysis Report that the median at the intersection of Queen Kaahumanu Highway and Hualalai Road be restriped to provide a refuge area for vehicles turning left out of Hualalai Road heading south along Queen Kaahumanu Highway. Also, accesses to and from the subject property, including the provision of adequate sight distances, the installation of street lights, signs and markings, and any other required improvements shall meet with the approval of the Department of Public Mr. Gregory R. Mooers Page 4 Works. The recommendations of the Department of Public Works have been incorporated into the conditions of approval. Furthermore, all requirements of the Department of Health, Department of Water Supply, Department of Public Works and Fire Department shall be complied with prior to establishment of the proposed use. Water, electrical and telephone services are all available to the subject property. Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established. The rapid tourist growth experienced in West Hawaii has resulted in increased visitor demand for Kona coffee products as well as greater interest in the culture and history of the Kona coffee industry. To meet this demand, the applicant is seeking to establish a coffee visitor center selling estate grown Kona coffee roasted and processed on the premises. The proposed development will support the agricultural industry, in that the applicant is farming approximately 100 acres of coffee on other properties to meet the demand anticipated at the proposed development. Therefore, no existing or proposed areas for agricultural activities will be curtailed or diminished as a result of the establishment of this activity on the subject property. The land upon which the proposed use is sought is unsuitable for the uses permitted within the district. The soils within the project area are not suitable for many types of agricultural uses. The U.S. Soil Conservation Service Soil Survey classifies soils within the project site as Waiaha extremely stony silt loam, 6 to 12 percent slopes (WHC). This soil is low on the leeward side of Hualalai and Mauna Loa. In a representative profile the surface layer is very dark brown extremely stony silt loam about 4 inches thick. The subsoil is dark-brown very stony silt loam about 14 inches thick. The substratum is pahoehoe lava bedrock. The surface layer is slightly acid. The subsoil is neutral to mildly alkaline. In places, the surface layer is nonstony. Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. The Soil Conservation Service's Soil Capability Rating for these soils is Class VII or soils having very severe limitations that make them unsuited to cultivation and restrict their- use largely to pasture, range woodland or wildlife. According to the Land Study Bureau's Detailed Land Classification System, soils within the subject property are classified as "E" or "Very Poor." Finally, the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map does not classify this land as having agricultural importance. The nature of the request is to allow for the establishment of a coffee visitor center consisting of a coffee house, historical farm museum, orientation rooms, public spa, general store, a coffee roasting and processing mill, as well as a parking lot and related improvements. The only village commercial zoned properties are in Kailua and Kainaliu. The subject area is central to the North Kona area that it will serve. Other Mr. Gregory R. Mooers Page 5 undeveloped areas are still available for agricultural development and the removal of 7.338 acres of land from the agricultural inventory will not have a detrimental impact on the agricultural resources of the area or the County of Hawaii. The proposed use will not substantially alter or change the essential character of the land and the present use. The proposed use will alter the existing physical character of the subject property. However, the impact of the development will be minimized through the use of plantation architectural features such as lava rock facings, re-sawn plywood siding, split pitch hip roofs and earth tone colors for the buildings. Buildings will be setback a minimum of 180 feet from Queen Kaahumanu Highway and a minimum of 80 feet from Hualalai Road. The building setbacks from the east property boundary will be 80 feet while the building setback from the southern boundary will be approximately 120 feet. Substantial landscaping buffers, rock walls and water features will minimize the impact of the buildings as viewed from surrounding roads and properties. As a condition of the Special Permit, all proposed structures, building setbacks, landscaping, and parking requirements shall be approved by the Planning Director in accordance with the Plan Approval process. This condition of approval will help ensure that structural, visual and public safety concerns will be mitigated to the best extent possible. The request is not contrary to the General Plan and official Community Development Plan. The subject request is not contrary to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates the property for Urban Expansion uses. According to the General Plan, Urban Expansion Areas allow for a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The proposed use is consistent with the following goals and policies of the General Plan. Land Use Element i • Designate and allocate lands in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. r` Mr. Gregory R. Mooers Page 6 • The County shall encourage the development and.maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Agricultural land shall be used as one form of open space or as green belt. • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. Economic Element • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County of Hawaii shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the resident of the County. • The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. The Community Development Plan for the area of the proposed development is the Kona Regional Plan, which was adopted by the Planning Commission in April 1984. The Kona Regional Plan designates the area as Residential-4 units/acre (RES 4). In the Kona Regional Plan, the General Plan Land Use Goals and Policies as they relate to agriculture are reviewed in relation to the function and value of agricultural lands in Kona. In the Planning Considerations section under the Agricultural Land Use heading, the plan states the following: "The agricultural value of lands in Kona is x Mr. Gregory R.Mooers Page 7 strongly influenced by the climate and the soil type. -The-evolution and present state of the Kona coffee belt indicates the location of much of the better lands. Other areas, however, may be potentially well-suited to agricultural activities as the crop type and production methods change. The present agricultural zoning is quite similar to the agricultural land use pattern recommended in the 1960 Plan for Kona and reflects on- to five-acre lot sizes within the coffee belt. It is recommended that this zoning pattern remain intact to perpetuate the existing agricultural investment and to allow for agricultural use opportunities within the better suited lands." The Kona Regional Plan defines the Kona coffee belt as that area along the old Mamalahoa Highway from the Palani Road junction south to Kealia. The Land Study Bureau's Detailed Land Classification System defines the coffee growing belt as the area located between 800 and 1,700 feet elevation where rainfall has increased to be between 50 and 70 inches, respectively. The subject property, located at an elevation ranging from 350 to 400 feet, is well below the Kona coffee belt, but is within the County's Agricultural (A-5a) District. Thus, the proposed use would not be in conflict with the Kona Regional Plan and would be permitted by the Zoning Code provided that a Special Permit is approved. Based on the above considerations, the proposed coffee visitor center and related improvements is an unusual and reasonable use of land, which would not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. Approval of this request is subject to the following conditions. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate the revocation of the Special Permit. 1. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. 2. The applicant, its successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. 3. The applicant shall submit to the Department of Water Supply the anticipated maximum daily water usage as recommended by a registered engineer for that agency's review and approval. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of the Special Permit. t Mr. Gregory R. Mooers Page 8 4. The coffee visitor center and all related improvements shall be established within five (5) years from the effective date of this permit. Prior to the establishment of this use, Final Plan Approval shall be secured from the Planning Director. Plans shall identify existing structures, paved (asphaltic-concrete, concrete or chip-seal) parking areas and driveway and landscaping to mitigate any visual or noise impacts. The applicant, its successors or assigns shall notify the Planning Department in writing of the completion of required improvements prior to the establishment of the proposed use. 5. The hours of operation for the proposed use shall be limited from 6:00 a.m. to 6:00 p.m. daily. 6. In conjunction with Plan Approval review, construction plans for all required improvements to the intersection of Queen Kaahumanu Highway and the mauka section of Hualalai Road shall be submitted and approved by the State Department of Transportation and/or the County Department of Public Works, whichever is applicable. The applicant shall install a left-turn refuge lane on Queen Kaahumanu Highway, unless prohibited by the State Department of Transportation. All required roadway improvements at the intersection shall be completed prior to the issuance of the certificate of occupancy for any building on the subject property. 7. Access to and from the subject property, including the provision of adequate sight distances, the installation of street lights, signs, and markings and any other required improvements to Hualalai Road, shall meet with the approval of the Department of Public Works. These improvements shall be completed prior to the issuance of the certificate of occupancy for any building on the subject property. 8. A left-turn channelized lane, if required, shall be provided on Hualalai Road at the entrance to the subject property meeting with the approval of the Department of Public Works. This improvement shall be completed prior to the issuance of the certificate of occupancy for any building on the subject property. 9. If any construction is proposed within Flood Zone AE, the applicant shall submit a drainage study in compliance with the Federal Emergency Management Agency (FEMA) and a Conditional Letter of Map Revision (CLOMR) shall be issued prior to construction with the approval of the Department of Public Works. Upon submittal of the drainage study, if improvements are required to i 1 I t Mr. Gregory R. Mooers Page 9 mitigate flooding, then all improvements shall•be completed prior to the issuance of any building permits. Upon completion of construction a Letter of Map Revision (LOMR) shall be obtained. If all proposed construction is outside the Flood Zone AE areas, the applicant shall be required only to submit a drainage study to the Department of Public Works and to construct a drainage system meeting with the approval of the Department of Public Works. 10. A Solid Waste Management Plan for the proposed development within the subject property shall be prepared and submitted for approval to the Department of Public Works 11. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. 12. The applicant, its successors or assigns shall comply with all other laws, rules, regulations and requirements, including those of the Department of Health, Department of Water Supply, Fire Department and the Department of Public Works. 13. Upon compliance with all conditions of approval and prior to the start of the operation, the applicant shall provide in writing, a final status report to the Planning Director. 14. An initial extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances: A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. C. Granting of the time extension would not be contrary to the original reasons for the granting of the permit. 1 Mr. Gregory R. Mooers Page 10 D. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). This approval does not,however,sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Should you have any questions,please contact Pam Harlow of the Planning Department West Hawaii Office at 327-3510 or Alice Kawaha of the Planning Department Hilo Office at 961-8288. Sincerely, Ltd >8•�3a- ,,, Richard B. Baker,Jr., Chairman Planning Commission Lnanikona0l PC cc: Department of Public Works Department of Water Supply County Real Property Tax Division West Hawaii Office State Land Use Commission Department of Land&Natural Resources Kazu Hayashida,Director/DOT-Highways,Honolulu Mr. Daniel B. Bolton i I L Harry Kim +:' :• Christopher J.Yuen Mayor Drnaae ATE OF NI• Roy R.Takemoto Deputy Director (gauxtfV of CMUfunii PLANNING DEPARTMENT 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 September 21, 2004 Gregory R. Mooers,President Mooers Enterprises PO Box 1101 Kamuela,HI 96743 Dear Mr.Mooers: Special Permit No. 1047 Applicant: Nani Kona Coffee LLC Request: Establishment of a Coffee Visitor Center Tax May Key: 7-5-17: 33 This is in response to your letter dated September 14,2004 requesting a time extension to comply with Condition 4 of the above listed special permit. According to your letter, the applicant has worked continuously on the project, yet has not been able to construct the improvements to comply with Condition 4. Based on Condition 14,which allows an administrative time extension if the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant,we are granting your request for a time extension until February 4,2007 to comply with Condition 4. Please be informed,however, should you need an additional extension of time to comply with Condition 4, your request and reasons, along with 20 copies of that request shall be forwarded to . the Planning Commission with a$100 filing fee. A public hearing will be held by the Planning Commission. If you have any questions,please feel free to contact Jeff Darrow at 961-8288. Sincerely, CHRISTOPHER J. YU$ Planning Director P:\WPWIN60VEFF\Letters\Time Ext\LMooers-NaniKonaCoffee-TER-SPP1047.doc cc w/copy of letter: Planning Commission Planning Department-Kona Hawai`1 County is an Equal Opportunity Provider and Employer rg�p 2 � 2QQA EXHIBIT a� -�q..) ,3 MOOERS ENTERPRISES, LLC P.O. BOX 1101 KAMUELA, HAWAn 96743 z00y September 14,2004 SEP 15 PF112 2a PLANNN'C; 1+hrv,;p��rcEz CC�I,'N I '( Cl- �7Jf 1Y AJ Mr. Chris Yuen,Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Time Extension Request Special Permit No. 1047 Applicant: Nani Kona Coffee LLC Request: Establishment of a Coffee Visitor Center Tax Map Key: (3) 7-5-17:33 Dear Mr. Yuen: The subject permit was approved on February 4,2000. Condition 4 required that all improvements shall be established within five(5)years from the effective date of this permit. Condition 14 allowed for a time extension. The purpose of this letter is to request a time extension for the compliance with condition 4. The applicant has worked continuously on this project since 2000, but has not as yet been able to construct the improvements. It will not be possible for the applicant to complete the project prior to the permit mandated time of February 4, 2005. I am enclosing a timeline of the efforts made by the applicant to date. We are requesting a two-year extension until February 4, 2007 to allow the completion of this project. Should you or your staff have any questions regarding this request, please contact me directly. Sincerely, Greg .Mooers President GRMJy Copy: Nani Kona Coffee LC 0592S3 PHONE: (808)885$839 FAX: (808)885-1574 EMAIL: GMOOERSOHAWAII.RR.COM Coffee Center- 12 Acres Chronological Order of Historical Events Date From To Action 1 06/12/97 PubWorks Gomes Grading Permit#4481 2 07/29/97 Close of Escrow&Title Insurance Policy_ Final Settlement 12/19/97 3 08/12/97 PubWorks Gomes Grading Permit#4513 4 10/06/97 RonNeely Drainage Engineering 5 10/14/97 WesThom Planning Proposed Subdivision of 2 Lots 6 11/05/97 Water Planning Subd Water Availability&Request for Deposit 7 11/26/97 Planning WesThom Deferring action until all officers comment. 8 12/10/97 RPropTaxes Gomes Agricultural Dedication stopped 1998-99 year. 9 04/28/98 MaliaOhana Water Payment of Water Deposit 10 05/05/98 Water MallaOhana Receipt of Water Deposit with Conditions 11 05/07/98 Planning WesThom Tentative Approval Subd of 2 Lots(SU 97-126) 12 05/18/98 Water MaliaOhana Amended Invoice w/Facilities Charges added 13 06/08/98 Water Fleming Retuming plans after plancheck 14 07/07/98 Water Bolton Rec'd Payment of Water in full 15 08/28/98 Water Fleming Water Plans approved 16 09/23/98 PubWorks MaliaOhana Grading Permit#4730 17 09/25/98 WesThom Date of Final Map 18 10/08/98 PubWorks MaliaOhana Permit to Connect Water Lateral 19 10/12/98 Planning WesThom Recd Final Plat Map SUB 97-126 20 11/16/98 PubWorks WaterRes. Final Acceptance of Water System 21 12/11/98 Planning WesThom Final Subdivision Approval No.7061 22 02/03/99 Herbert DeptHealth Submission of Cesspool Design 23 02/18/99 Planning Investigation Report of Baseyarding Coffee Center 12 Acres: Historical Events Page 1 Date From To Action 24 0326/99 DeptHealth Bolton Application of Green Waste Permit 25 0429/99 Bolton Dept Health Receipt of Greenwaste Permit 26 0429/99 Bolton Dept Health Payment of Greenwaste Permit 27 05/06/99 MaliaOhana Planning Application for Appeal of Order 28 05/14/99 MaliaOhana Planning Addendum for Appeal 29 05/19/99 Planning MaliaOhana Acknowledgement of Receipt of Appeal 30 06/17/99 Bolton DeptHealth Green Waste Permit Application Complete 31 08/09/99 DeptHealth Bolton Green Waste Permit No. CO-0019-99 issued 32 09/30/99 MaliaOhana Planning Found Solution:Withdraw Appeal 33 10/14/99 Planning Bolton Acknowledgement of Withdrawal of Appeal 34 02/04/00 Planning Approved Special Permit App(SPP 994115) 35 0223/00 Planning GRM Granted Special Permit No. 1047 36 08/11/00 RGN Designs Dan Bolton FEMA Draft LOMR Signature Page 37 10/18/00 RGN Designs Dan Bolton Findings for Flood Study 38 1024/00 Bolton, Inc. Planning Dept. Copies of permits 39 1025/00 RonNeeiy FEMA LOMAR application revised 40 11/01/00 Maila Ohana Prtnrs Public Works Stockpiling Permit application 41 11/14/00 Pub Works Malia Ohana Prtnrs Building Permit#006511 42 01/05/01 Malia Ohana Prtnrs Wastewater Branch Correction of TMK number 43 01/11/01 Dprtmt of Health Malia Ohana Prtnrs Regarding signing Building Permit 44 01/23/01 Herbert Cess Pool Design 45 0126/01 Dprtmt of Health Stephen J. Herbert Returned Design 46 02/02/01 RGN Deisigns Dan Bolton FEMA-LOMR Application update 47 02/06/01 Steven J. Herbert Wastewater Branch Submission of Wastewater Design with copy of Design 48 02/13/01 DeptHealth MaliaOhana Approval of Cess Pool Design 49 0222101 RonNeeiy PubWorks FEMA LOMAR Application Coffee Center 12 Acres: Historical Events Page 2 r 1 1 Date From To Action 50 03/02/01 Steven J. Herbert Bolton, Inc. Cesspool Design Approval by State Department of Health 51 01/09/02 Steel Erectors Bolton Proposal to construct new building 52 05/27/03 CMF Dan Bolton Flood Study Proposal 53 06/09/03 Signing of Flood Study Proposal 54 08/25/03 CMF Dan Bolton Completion of site survey for FEMA regarding flood study 55 11/11/03 50%survey work by Erik for Geoff. 56 03/01/04 (Log note) Revised Business Plan as TKCTC 57 03/15/04 TKCTC Dan Oshima Submitted Bus.Pian for Loan 58 06/01/04 Bolton, Inc. Grubbed edges of property with a bulldozer 59 06/13/04 Freight Forwarder Delivered steel building for wet mill to site 60 06/14/04 Bolton, Inc. Removed debris in prep for wet mill 61 06/18/04 Freight Forwarder Delivered coffee wet mill to site 62 0620/04 Bolton, Inc. Graded foundation pad for mill building 63 0621/04 In-House Submitted renewal for Green Waste Permit 64 08/10/04 Klassen Bolton Updated Coffee Warehouse Building Permit 65 08/17/04 In-House Interviewed new wastewater engineers 66 08/31/04 Bolton, Inc. Forming of mill building for framing Coffee Center 12 Acres: Historical Events Page 3 r Harry Kim Christopher J.Yuen Mayor Director +r+►i ei�a���, Brad Kurokawa,ASLA LEED®AP (11'a»n#g of �rxfunii . Deputy Director PLANNING DEPARTMENT 101 Pauahi Shw, Suite 3 • Hilo,Hawaii 96720-3043 (808)961-8288 • FAX(808)961-8742 January 12, 2007 Mr. Daniel B. Bolton Kona Coffee&Tea Company P.O. Box 898 Kailua-Kona,HI 96745 Dear Mr.Bolton: Special Permit No. 1047 Applicant: Nani Kona Coffee LLC Request: Establishment of a Coffee Visitor Center and Related Improvements Subject: Administrative Time Extension To Comply With Condition No. 4 Tax Map Key: 7-5-17:33 This is in response to your letters dated September 25,2006,January 2,2007&January 11, 2007 requesting a time extension to comply with Condition No. 4 of the above listed special permit. According to your letter,delays caused by unforeseen circumstances has prevented the coffee visitor center and related improvements to be established by the required deadline. On September 21,2004, a similar request was made by the applicant to allow a two-year time extension until February 4,2007 to comply with Condition No.4,in which time the applicant anticipated establishing the project. Based on unforeseen circumstances and delays,the applicant is requesting an administrative time extension for the remaining 3-year period allowed by Condition No. 14,which states that the time extension granted shall be for a period not to exceed the period originally granted for performance. Based on Condition No. 14,which allows for an administrative time extension if the non- performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant,we are granting your request for the remaining administrative time extension from February 4,2007 to February 4,2010 to comply with Condition No. 4. Please be informed,however,should you need an additional extension of time to comply with Condition No.4, your request and reasons, along with 20 copies of that request shall be forwarded to the Planning Commission with a$100 filing fee. A public hearing will be held by the Planning Commission. Flawai i County is an Equal Opportunity Provider and Employer, EXHIBIT "�„ / t r t Mr. Daniel B. Bolton Kona Coffee &Tea Company Page 2 January 12, 2007 - If you have any questions,please feel free to contact Jeff Darrow at 961-8288. Sinc �y CHRISTOPHER J. YLN Planning Director P:\public\wpwin60Veff\Letters\Time ExtTBolton-NaniKonaCoffee-TER-Cond4-SPP 1047.doc cc w/copy of letters: Planning Commission Planning Department-Kona I � r Daniel B. Bolton 2007 AN (4 PM ? 23 P. O. Box 898 7NT Kailua Kona, Hawaii 96740 (808) 896-8000 January 2,2007 Mr. Christopher Yuen Planning Director County of Hawaii,Planning Department 101 Pauahi Street, Suite 3 Hilo,HI 96720 Dear Mr. Yuen: Subject: Special Permit No. 1047 TMK 3-7-5-17:33 On September 25, 2006, we applied for additional time(condition 4 of the above referenced special permit)in order to complete all the items necessary for opening our new facility. The request was fairly simple, and your staff requested additional information that we are now providing. The time difference since the original request in September until now is because I was hoping to be able to include our plan approval from your office,which was submitted on October 18 of 2006. Subsequently,we were informed the plans were lost per our conversation with Bennett Marks of the Kona office. We were asked to resubmit, which we have fulfill the request. This is only one of the many things that are taking additional time. The following list of items is also underway and I would ask upon you review,we'll be granted the additional time required to complete our project. In addition,Greg Moore,president of Mooers Enterprises,applied for the first extension only requested for a two years period and we should've asked for the full allowable amount of time per the Use Permit. Therefore,would you please grant us the additional time which condition 14-D allows,realizing truly how far along we have come. 1. Architect's letter dated December 12,2006 to Planning Department,Architect's report to the owner and letter dated December 20,2006 from the Planning Department referencing plan approval. (Complete set of drawings have been submitted to Kona office for new plan approval) 2. Previous extension request dated September 25,2006. 3. Cover page of flood study dated September 2005. 4. Traffic impact analysis report, dated August 8,2005. 02371176 Chris Yuen-January 3,2007 Page 2 5. Civil drawings of traffic signal installation at Hualalai and Queen Kaahumanu Highway intersection. - 6. Disability and communication access board comments. 7. Department of Transportation review comments dated December 18,2006 8. Historical preservation approval letters for grading permits,dated May 22 2006 and July 13,2006. 9. Notice to Department of Public Works start of grading,under permit number 91612,dated October 10,2006. 10.October 31,2005 plan approval before revisions also letter from solid waste plan dated 29th of August. 11.Final subdivision approval letter dated August 24,2006 creating a 12-acre lot. 12. Copy of the grading plans showing drainage control on channel design,reflecting a 20 foot deep,40 foot wide channel. Second,latest version, 100 hundred and 20 feet wide,7 feet deep with two to one slopes,which will be fully landscaped now. 13.Status report,dated 10-9-06 outlining ongoing activities 14. Cover sheet of approved structural drawings for steel engineering. 15. Shop drawings for elevator and escalators dated 10-19-06. 16. Cover letter of items for construction loan. As you can see,this is many of the ongoing activities taking place. I'm also including a cost report of money spent thus far,and pictures of the site. Please review the landscape drawings in plan approval. They are truly phenomenal,I believe you will be very please with the final look we are trying to accomplish. Thank you again for your cooperation. Sincerely, Dan Bolton Daniel B. Bolton 2007 ��R�1 1 Z R� 01 P. O. Box 898 Kailua Kona, Hawaii 96740 (808) 896-8000 January 11,2007 Mr. Christopher Yuen Planning Director County of Hawaii,Planning Department 101 Pauahi Street,Suite 3 Hilo,HI 96720 Dear Mr.Yuen: Subject: Special Permit No, 1047 TMK 3-7-5-17:33 On September 25,2006,we applied for additional time(condition 4 of the above referenced special permit)in order to complete all the items necessary for the opening our new facility. The request was fairly simple,and your staff requested additional information that we are now providing. The time difference since the original request in September until now is because I was hoping to be able to include our plan approval from your office,which was submitted on October 18 of 2006. Subsequently, we were informed the plans were lost per our conversation with Bennett Marks of the Kona office. We were asked to resubmit,which we have fulfill the request. This is only one of the many things that are taking additional time. Based on the following circumstances as referenced in condition 14 in the Special Use Permit,we are requesting an extension of addition time: A. Non-performance beyond the control of the applicant. The signalized intersection at Queen Ka'ahumanu Highway and Hualalai Road has been a huge hurdle in our process. As I indicate below,the report has been submitted to Department of Transportation which then took over one year to receive the approval process to install the signalized intersection. The most recent redline set is inclusive of all minor changes required in order to allow us to proceed with the installation. As of today,we still do not have the final approved construction drawings. The other hurdle involves the findings of boundaries within the FEMA flood zone through the flood study and modeling process in order to channelize drainage patterns. The flood study was done ' concurrently with the adjacent properties to mitigate any concerns. Again,the date of this submittal and response time is well in excess of 1 024041 two years. The findings after modeling the flood pattern and allowed us to complete the most desirable design. It is a fully landscaped channel that is not only functional but also aesthetically pleasing. B. Granting an extension would not be contrary to the General Plan or Zoning Code. There are no dramatic changes and should not have major impacts. C. Granting time extension would not be contrary to the original reasons for granting of the permit. This facility will provide a tremendous boost for the Kona Coffee community, it is ashamed to continue letting the roasters and blenders controlled the image of"Kona Coffee". It is imperative that we protect the integrity of the 100%Kona Coffee through educational process and allow the interaction of visitors and community at large as we have proposed. D. Greg Moore,president of Mooers Enterprises,applied for the first extension only requested for a two years period and we should've asked for the full allowable amount of time per,the Use Permit. Therefore,please grant us the additional time realizing truly how far along we have come. The following list of items is also underway and I would ask upon you review,we'll be granted the additional time required to complete our project. 1. Architect's letter dated December 12,2006 to Planning Department,Architect's report to the owner and letter dated December 20,2006 from the Planning Department referencing plan approval.(Complete set of drawings have been submitted to Kona office for new plan approval) 2. Previous extension request dated September 25,2006. 3. Cover page of flood study dated September 2005. 4. Traffic impact analysis report,dated August 8,2005. 5. Civil drawings of traffic signal installation at Hualalai and Queen Kaahumanu Highway intersection. 6. Disability and communication access board comments. 7. Department of Transportation review comments dated December 1.8,2006 8. Historical preservation approval letters for grading permits,dated May 22 2006 and July 13,2006. 9. Notice to Department of Public Works start of grading,under permit number 91612,dated October 10,2006. 10. October 31,2005 plan approval before revisions also letter from solid waste plan dated 29th of August. 2 11. Final subdivision approval letter dated August 24,2006 creating a 12-acre lot. 12.Copy of the grading plans showing drainage control on channel design,reflecting a 20 foot deep,40 foot wide channel. Second,latest version, 100 hundred and 20 feet wide,7 feet deep with two to one slopes, which will be fully landscaped now. 13.Status report,dated 10-9-06 outlining ongoing activities 14.Cover sheet of approved structural drawings for steel engineering. 15. Shop drawings for elevator and escalators dated 10-19-06. 16.Cover letter of items for construction loan. As you can see,this is many of the ongoing activities taking place. I'm also including a cost report of money spent thus far,and pictures of the site. Please review the landscape drawings in plan approval. They are truly phenomenal, I believe you will be very please with the final look we are trying to accomplish. Thank you again for your cooperation. Sincerely, Dan Bo / lton i I 3 t vv a y ``•� Harry Kim Christopher J.Yuen Mayor Director ;;�;;.+' Brad Kurokawa,ASLA LEED®AP Tountu Of AnflT xtt , Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo,Hawaii 96720-3043 (808)961-8288 • FAX(808)961-8742 January 12, 2007 Mr. Daniel B. Bolton Kona Coffee&Tea Company P.O. Box 898 Kailua-Kona,HI 96745 Dear Mr. Bolton: Special Permit No. 1047 Applicant: Nani Kona Coffee LLC Request: Establishment of a Coffee Visitor Center and Related Improvements Subject: Administrative Time Extension To Comply With Condition No. 4 Tax May Key: 7-5-17:33 This is in response to your letters dated September 25,2006, January 2,2007&January 11, 2007 requesting a time extension to comply with Condition No. 4 of the above listed special permit. According to your letter,delays caused by unforeseen circumstances has prevented the coffee visitor center and related improvements to be established by the required deadline. On September 21,2004, a similar request was made by the applicant to allow a two-year time extension until February 4,2007 to comply with Condition No.4,in which time the applicant anticipated establishing the project. Based on unforeseen circumstances and delays, the applicant is requesting an administrative time extension for the remaining 3-year period allowed by Condition No. 14,which states that the time extension granted shall be for a period not to exceed the period originally granted for performance. Based on Condition No. 14, which allows for an administrative time extension if the non- performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant,we are granting your request for the remaining administrative time extension from February 4,2007 to February 4,2010 to comply with Condition No. 4. Please be informed,however,should you need an additional extension of time to comply with Condition No.4,your request and reasons, along with 20 copies of that request shall be forwarded to the Planning Commission with a$100 filing fee. A public hearing will be held by the Planning Commission. a�, Hawai`i County is an Equal Opportunity Provider and Employer. JAN. r �y EXHIBIT "�„ � r r Mr. Daniel B.Bolton Kona Coffee &Tea Company Page 2 January 12, 2007 _. If you have any questions,please feel free to contact Jeff Darrow at 961-8288. Sinry CHRIST IOlP''HER J. N Planning Director P:\public\wpwin60Ueff\Letters\Time ExtTBolton-NaniKonaCoffee-TER-Cond4-SPP1047.doc cc wlcopy of letters: Planning Commission Planning Department-Kona I Daniel B. Bolton 1007 J%/ 23 P. O. Box 898 Kailua Kona, Hawaii 96740 (808) 896-8000 January 2,2007 Mr. Christopher Yuen Planning Director County of Hawaii,Planning Department 101 Pauahi Street, Suite 3 Hilo,HI 96720 Dear Mr. Yuen: Subject: Special Permit No. 1047 TMK 3-7-5-17:33 On September 25,2006, we applied for additional time(condition 4 of the above referenced special permit)in order to complete all the itemq necessary for opening our new facility. The request was fairly simple,and your staff requested additional information that we are now providing. The time difference since the original request in September until now is because I was hoping to be able to include our plan approval from your office,which was submitted on October 18 of 2006. Subsequently,we were informed the plans were lost per our conversation with Bennett Marks of the Kona office. We were asked to resubmit, which we have fulfill the request. This is only one of the many things that are taking additional time. The following list of items is also underway and I would ask upon you review, we'll be granted the additional time required to complete our project. In addition,Greg Moore,president of Mooers Enterprises,applied for the fust extension only requested for a two years period and we should've asked for the full allowable amount of time per the Use Permit. Therefore,would you please giant us the additional time which condition 14-D allows,realizing truly how far along we have come. 1. Architect's letter dated December 12,2006 to Planning Department,Architect's report to the owner and letter dated December 20,2006 from the Planning Department referencing plan approval. (Complete set of drawings have been submitted to Kona office for new plan approval) 2. Previous extension request dated September 25,2006. 3. Cover page of flood study dated September 2005. 4. Traffic impact analysis report,dated August 8,2005. 023 776 Chris Yuen-January 3,2007 Page 2 5. Civil drawings of traffic signal installation at Hualalai and Queen Kaahumanu Highway intersection. - 6. Disability and communication access board comments. 7. Department of Transportation review comments dated December 18,2006 8. Historical preservation approval letters for grading permits,dated May 22 2006 and July 13,2006. 9. Notice to Department of Public Works start of grading,under permit number 91612,dated October 10,2006. 10. October 31,2005 plan approval before revisions also letter from solid waste plan dated 29th of August. 11.Final subdivision approval letter dated August 24,2006 creating a 12-acre lot. 12. Copy of the grading plans showing drainage control on channel design, reflecting a 20 foot deep,40 foot wide channel. Second,latest version, 100 hundred and 20 feet wide,7 feet deep with two to one slopes,which will be fully landscaped now. 13.Status report,dated 10-9-06 outlining ongoing activities 14. Cover sheet of approved structural drawings for steel engineering. 15. Shop drawings for elevator and escalators dated 10-19-06. 16. Cover letter of items for construction loan. As you can see,this is many of the ongoing activities taking place. I'm also including a cost report of money spent thus far,and pictures of the site. Please review the landscape drawings in plan approval. They are truly phenomenal,I believe you will be very please with the final look we are trying to accomplish. Thank you again for your cooperation. Sincerely, Dan Bolton Daniel B. Bolton 207 `l RAJ 12 RP] 01 P. D. Box 898 Kadua Kona, Hawaii 96740 `'�'`' `� t-u',��'r?-ii�r vr` (808) 896-8000 January 11,2007 Mr.Christopher Yuen Planning Director County of Hawaii,Planning Department 101 Pauahi Street,Suite 3 Hilo, HI 96720 Dear Mr. Yuen: Subject: Special Permit No. 1047 TMK 3-7-5-17:33 On September 25,2006,we applied for additional time(condition 4 of the above referenced special permit)in order to complete all the items necessary for the opening our new facility. The request was fairly simple,and your staff requested additional information that we are now providing. The time difference since the original request in September until now is because I was hoping to be able to include our plan approval from your office,which was submitted on October 18 of 2006. Subsequently, we were informed the plans were lost per our conversation with Bennett Marks of the Kona office. We were asked to resubmit,which we have fulfill the request. This is only one of the many things that are taking additional time. Based on the following circumstances as referenced in condition 14 in the Special Use Permit, we are requesting an extension of addition time: A. Non-performance beyond the control of the applicant. The signalized intersection at Queen Ka'ahumanu Highway and Hualalai Road has been a huge hurdle in our process. As I indicate below,the report has been submitted to Department of Transportation which then took over one year to receive the approval process to install the signalized intersection. The most recent redline set is inclusive of all minor changes required in order to allow us to proceed with the installation. As of today,we still do not have the final approved construction drawings. The other hurdle involves the findings of boundaries within the FEMA flood zone through the flood study and modeling process in order to channelize drainage patterns. The flood study was done concurrently with the adjacent properties to mitigate any concerns. Again,the date of this submittal and response time is well in excess of 1 024041 two years. The findings after modeling the flood pattern and allowed us to complete the most desirable design. It is a fully landscaped channel that is not only functional but also aesthetically pleasing. B. Granting an extension would not be contrary to the General Plan or Zoning Code. There are no dramatic changes and should not have major impacts. C. Granting time extension would not be contrary to the original reasons for granting of the permit. This facility will provide a tremendous boost for the Kona Coffee community,it is ashamed to continue letting the roasters and blenders controlled the image of"Kona Coffee". It is imperative that we protect the integrity of the 100%Kona Coffee through educational process and allow the interaction of visitors and community at large as we have proposed. D. Greg Moore,president of Mooers Enterprises,applied for the first extension only requested for a two years period and we should've asked for the full allowable amount of time per the Use Permit. Therefore,please grant us the additional time realizing truly how far along we have come. The following list of items is also underway and I would ask upon you review,we'll be granted the additional time required to complete our project. 1. Architect's letter dated December 12,2006 to Planning Department,Architect's report to the owner and letter dated December 20,2006 from the Planning Department referencing plan approval.(Complete set of drawings have been submitted to Kona office for new plan approval) 2. Previous extension request dated September 25,2006. 3. Cover page of flood study dated September 2005. 4. Traffic impact analysis report,dated August 8,2005. 5. Civil drawings of traffic signal installation at Hualalai and Queen Kaahumanu Highway intersection. 6. Disability and communication access board comments. 7. Department of Transportation review comments dated December 1.8,2006 8. Historical preservation approval letters for grading permits,dated May 22 2006 and July 13,2006. 9. Notice to Department of Public Works start of grading,under permit number 91612,dated October 10,2006. 10.October 31,2005 plan approval before revisions also letter from solid waste plan dated 29th of August. 2 i i. I 1. Final subdivision approval letter dated August 24,2006 creating a 12-acre lot. 12.Copy of the grading plans showing drainage control on channel design,reflecting a 20 foot deep,40 foot wide channel. Second, latest version, 100 hundred and 20 feet wide, 7 feet deep with two to one slopes, which will be hilly landscaped now. 13.Status report,dated 10- 9-06 outlining ongoing activities 14.Cover sheet of approved structural drawings for steel engineering. 15. Shop drawings for elevator and escalators dated 10-19-06. 16.Cover letter of items for construction loan. As you can see,this is many of the ongoing activities taking place. I'm also including a cost report of money spent thus far,and pictures of the site. Please review the landscape drawings in plan approval. They are truly phenomenal, I believe you will be very please with the final look we are trying to accomplish. Thank you again for your cooperation. Sincerely, Dan Bo / D Bolton I 3 MICHAEL J. MATSUKAWA ATTORNEY AT LAW TERRITORIAL CENTRE. SUITE 201 75-5751 KUAKINI HIGHWAY KAILUA-KONA,HI 96740 TELEPHONE NO. (808)329-1385 FAX NO. (808)329-0512 E-MAIL kaNIAmsmoom September 28, 2016 Mr. Duane Kanuha Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 RE: SEPTEMBER 21, 2016 LETTER BOLTON, INC. TMK 7-5-017: 44 SPECIAL PERMIT APPLICATION 16-000188 WARNING LETTER DATED FEBRUARY 19, 2016 Dear Mr. Kanuha : This letter is in response to your September 21, 2016 letter addressed to Bolton, Inc. , a copy of which was sent to me. I disagree with your interpretation and application of the State Land Use Law (Chapter 205, HRS) , the implementing regulations of the State Land Use Commission and the County Code (Chapters 10 and 25) . Above all things, I object to your purported "disposition" of the warning letter and the Special Permit application that is now pending before the Leeward Planning Commission. in SPP 16-000188 . A Petition for intervention is also pending before the Commission in SPP 16-000188 . I request that you forward this letter to the Cha4rperson and members of the Leeward Planning Commission before you do anything further on this matter. EXHIBIT MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 2 A. STATE LAND USE LAW The State Legislature described the kind of activity that can be put on land that is assigned to the State Agriculture Dis- trict . The range of permitted activity is LIMITED to that which is set forth in Section 205-2 (d) , HRS . To qualify as a permitted use under Section 205-2 (d) , HRS, a drainage improvement project must be a : (7) Bona fide agricultural service [] and use [] that supports] the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities . . . . (emphasis added) The "above activities" quoted refer to the activity described in preceding subparagraphs (1) to (6) relating to crops, orchards, farming, aquaculture, wind energy and biofuel production and solar energy facilities . Arguably, the phrase is also intended to refer to the activity described in subparagraphs (8) to (12) as well . 1 . Question Presented The question is what "agricultural activity" does the landowner' s drainage improvement project "support" -and- is the drainage improvement project "accessory" to that "agricultural activity,,? In your letter of September 21, 2016, you avoid answering this question, stating at Page 2 that : MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 3 From a use standpoint, the approved drainage way improvements and related activities alone do not define or establish a class of use upon these Agricul- tural lands that is prohibited by the Zoning Code or the State Land Use Law. (emphasis added) 2 . Chapter 205 HRS The use of land. in the State Agriculture District with soil class C, D, E or U is "restricted to the uses permitted for agricultural districts as set forth in Section 205-5 (b) . " See Section 205-4 . 5 (c) , HRS. Under Section 205-5 (b) , HRS, there are two general categories of permitted uses of land with this soil class : (1) those uses that the State Land Use Commission deter- mines to be "compatible" by agency rule to the activities set forth in Section 205-2 (d) , HRS and (2) the "accessory agricultural uses and services" referred to in Section 205-2 (d) (7) , HRS and that the counties may "further define" by ordinance. 3 . Land Use Commission Rule The State Land Use Commission' s rule on point is HAR 15- 15-25 (effective 2013) . This rule simply incorporates the statu- tory provisions of Section 205-2 (d) , HRS and, curiously, describes a separate class as those "uses compatible to the activities described in Section 205-2 (d) , HRS. " In other words, rather than MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 4 describe what might be a "compatible" use (as the Legislature directed under Section 205-2 (b) , HRS) , the State Land Use Commission offers little or no guidance. ' However, the State Land Use Commission' s Rule HAR 15-15- 23 states that by "applicable county ordinances" counties may impose "more restrictive" requirements on the use of land in the district, i .e . , counties may establish requirements that are stricter than that found in Section 205-2 (d) , HRS, z but not more expansive than the uses that are set forth in Section 205-2 (d) , HRS . 4 . Back to Section 205 (d) (7) HRS According to Section 205-5 (b) , HRS, the "accessory agri- cultural uses and services" set forth in Section 205 (d) (7) , HRS are permitted. Again, but what "agricultural activities" does the drainage improvement project in question support? 5 . County Further Definition Section 205-5 (b) , HRS allows counties to "further define" what might qualify as an "accessory use [] and service [] . " It is ' See further discussion under Part A. 6, below. 2 It is not clear whether this rule lies beyond the Land Use Commission' s authority to adopt. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 5 important to note, however, that the counties' authority extends to "defining" accessory uses only and not to establishing new primary uses (which is the function of the Legislature and State Land Use Commission to do) . Looking to the County Code, one can see that the County Council refers to an "accessory use" as one that is associated with and incidental to a "main or permitted use. " See Code Section 25- 1-5 (definitions) . As to what qualifies as a "main or permitted use, " Code Section 25-5-72 lists a range of activity that is con- sistent with the activity set forth in Section 205-2 (d) , HRS (the main or permitted uses allowed by the Legislature in the district) . Code Section 25-5-72 also sets forth some activities that are not expressly set forth in Section 205-2 (d) , HRS such as group living facilities' and utility substations . Code Section 25-5-72 (c) , however, is not an exhaustive list of activity that is prohibited under Section 205-2 (d) , HRS. Code Section 25-5-72 (c) simply reflects the County' s policy that it will support a Special Permit for the described activities, nothing more. If a use is prohibited under Section 205-2 (d) , HRS but is not listed under Code Section 25-5-72 (c) , that use is still prohibited and must be supported by ' The general zoning law, Section 46-4 (d) , HRS states that no "law" shall prohibit group living facilities . MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 6 a Special Permit .4 In summary, excavation to improve a "FEMA drainageway" in the district must support or be accessory to an articulated agri- cultural main or primary activity set forth in Section 205-2 (d) , HRS . As stated in Part B, below, no one has articulated that main or principal activity (that is treated as a permitted use under Section 205-2 (d) , HRS) in this instance. 6 . County Enforcement Although the Legislature, pursuant to Section 205-12, HRS, designated and authorized the counties to enforce "the restriction on use and the condition relating to agricultural districts under section 205-4 . 5, "5 the Legislature did NOT authorize the counties to dilute the Legislature' s statutory restrictions and provisions through the counties' interpretation and "enforcement" of Section 205-2 (d) , HRS or to establish "new" primary or main uses on their own under the guise of "enforcement" action under Section 205-12, HRS . Counties have an obligation to interpret and to apply Section 205-2 (d) 's statutory restrictions and provisions as pub- lished by the Legislature. Thus, Code Section 25-5-72 (c) cannot 4 In that instance, the County has not expressed any policy as to whether a Special Permit should be allowed therefor. 5 The "conditions, " arguably, refer to the subdivision activity set forth in subsection (b) of Section 205-4 . 5, HRS. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 7 be construed as being absolute, complete and conclusive as to the kinds of activity that are prohibited under Section 205-2 (d) , HRS . B. THE FACTS There is no evidence that the drainage improvement project in question supports any articulated agriculture activity now taking place on the land. In substance, the drainage improve- ment project purports to be a freestanding, primary or main use in itself that is not accessory to or supportive of an articulated existing agriculture use . In reality, the drainage improvement supports the landowners contemplated use of the land for non- agriculture purposes . C. OTHER LAWS 1. Chapter 181 HRS Chapter 181, HRS requires a State license to engage in "strip mining" (as the term is defined in Section 181-1, HRS) . The activity so described subjects the landowner or operator to State licensure if the activity is part of a business or for the sale of the excavated material . If the landowner in this case is not excavating material as part of a business or for sale, then Chapter 181, HRS would not apply. However, this fact has not been conclu- sively determined. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 8 2 . Grading Ordinance The purpose of the grading and stockpiling permits that the County Public Works Department issued for the drainage improve- ment project is to improve public safety and to increase the area of land that the owner might develop in the future. Again, the question is whether the drainage improvement project is permitted under State law (Chapter 205, HRS) , as discussed above. The drain- age improve-ment project must support an articulated agriculture activity set forth in Section 205-2 (d) , HRS. I do not believe the owner has articulated this fact. The Public Works Department must follow the requirements of Chapter 205, HRS and should not have issued the grading and stockpiling permits since the drainage improvement project does not support a main permitted agriculture use. D. SUMMARY Under Section 205-12, HRS, the County must determine whe- ther the drainage improvement project supports or is accessory to an articulated agriculture activity that is allowed under Section 205-2 (d) , HRS and what that agriculture activity might be. Until this determination is made, your letter of September 21, 2016 is premature. E. "DISPOSITION" OF BOLTON, INC. APPLICATION FOR A SPECIAL PERMIT In your letter you purport to "dispose" of the Special MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 9 Permit application on your own and state that "a Special Permit application will not be required" for the drainage improvement project . The reason for your purported "disposition" action is that no "commercial" activity is associated with the drainage improvement (e .g. , sale of material to others offsite) and that no "baseyard" activity exists . You conclude that the Special Permit application will be "withdrawn" without further action on the part of the Leeward Planning Commission . However, no law gives the Commission' s staff the authority to "dispose" of an accepted application or to allow an application to be "withdrawn" after the Commission has taken jurisdiction of the application. 1. The Agency Record The record in SPP 16-000188 shows that the landowner- applicant in its own words described the "use" covered by the application in question as including: a . a baseyard; and b. commercial excavation, noting that material may be transported offsite and/or stockpiled on site. (Application dated March 1, 2016, Item 3 .A) 6 6 These words are the landowner-applicant s own description of the "use" involved. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 10 The record shows that the Planning Department accepted' the application and described the "proposed use" covered by the accepted application as including: a . a baseyard; and b. crushing of natural materials for a commercial use . (Background Report dated May 9, 2016, Page 1; Recommendation dated May 9, 2016, Page 1) In other words, the Commission' s staff accepted the landowner-applicant' s statements as being correct . The record shows that the Commission' s staff, on behalf of the Commission, then set a public hearing on the application and submitted its background report and recommendation to the Commis- sion for its consideration. On May 19, 2016, the Leeward Planning Commission received public testimony on the application and also received a Petition from an interested person to be made a party to the proceeding (a request for intervention) . The Commission took testimony on the Petition for intervention in the manner provided in Rule 4-6 governing "pre-hearing procedure . " Rule 4-6 (b) specifically states that : The Commission will grant or deny such written request prior to any further action on the matter. ' ' Rule 6-4 states the Commission "shall neither accept nor process an application which is incomplete as to form and content . " ' The "matter" refers to the Special permit application. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 11 The Petitioner can appeal the Commission' s decision if the Commission acts to deny its request for intervention. Rule 4- 6 (c) . During the May 19, 2016 public hearing, the Commission' s staff did not advise the Commission or the public that the applica- tion was actually unnecessary or that its background investigation was wrong. The Commission' s minutes are clear on this point . At the conclusion of the public hearing, the Commission continued the proceeding and took no action on the Petition for intervention. ' The record does NOT contain any request from the land- owner-applicant a. to amend the application for a baseyard and for commercial excavation -or- b. to withdraw its application. 2 . Commission Jurisdiction Under Rule 4, the application is now within the Leeward Planning Commission' s jurisdiction. Only the Commission, not its staff, can take action on the application. If the landowner- applicant wishes to submit an amendment or withdrawal request, it must submit such a request to the Commission for decision following a public hearing. ' As stated, Rule 4-6 (b) requires the Commission to act to grant or to deny the Petition "prior to [taking] any further action on the matter [the application] . MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 12 Further, Rule 4-6 (b) requires the Commission to first act on the Petition for intervention, based on the facts contained in the existing application that its staff had accepted on behalf of the Commission. 3 . Special Permit Required for Drainage Improvement Project The Leeward Planning Commission' s staff asserts that no Special Permit is required for what it now concludes is merely a stand-alone drainage improvement project that is permitted under Section 205-2 (d) , HRS. However, in context of the procedural posture of SPP 16-000188, the Commission' s staff must present its "new" findings and conclusions to the Leeward Planning Commission at a public hearing. Specifically, the Commission' s staff must explain at a public hearing why the drainage improvement project constitutes a permitted use in the district pursuant to Section 205-2 (d) , HRS, as discussed in Parts A, B and C, above. "' The Leeward Planning Commission must then make findings on point and must explain why supervision over the activity in question passes to the Department of Public Works when the Legislature directed the Planning Department to decide the question raised under Section 205-12, HRS. "' There is no evidence that the drainage improvement supports or is accessory to a main or primary agricultural use on the land. MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 13 The public is entitled to testify on this matter at a public hearing before the Leeward Planning Commission. Some may argue that what is transpiring is a "shibai . " It is not my duty to explain how the Commission can or should address the substantive and procedural issues that arise out of your "new" findings . I can advise you that the Commission must first act on the Petition for intervention that is pending before the Commission for decision as is required by Rule 4-6 (b) . F. CONCLUSION The rule of law governs agency proceedings . If the Lee- ward Planning Commission' s staff has determined that it had erred when it issued the February 19, 2016 warning Letter, that it had erred in "advising" the landowner-applicant to submit a Special Permit application for a baseyard, commercial excavation and secu- rity housing and that it had erred in accepting the landowner- applicant ' s application therefor, the Commission is still the agency with the jurisdiction and authority to determine what action should be taken on the application that is now before the Commis- sion and the interested person' s request to be made a party under its Petition for intervention. Please forward a copy of this letter to the Chairperson and members of the Leeward Planning Commission to ensure that the Commission is aware of what is transpiring and to ensure that the MICHAEL J. MATSUKAWA ATTORNEY AT LAW Mr. Duane Kanuha September 28, 2016 Page 14 rights of the Petitioner requesting intervention and the public are not impaired by improper agency action. Yours truly, Michael J. Matsukawa MJM:j ff\cooperso\2\kanuha.1t1 Encs . : Summaries of Applicable Law September 21, 2016 Letter xc: William V. Brilhante, Esq. DPW Engineering (Kona) Planning Division (ATTN: Daryn Arai and Jeff Darrow) West Hawaii Division (ATTN: Bennett Mark and Horace Yanagi) Councilmember Dru Kanuha Councilmember Karen Eoff ,Teff Citron, Petitioner for Intervention County of Hawaii . R;G, " DEPARTMENT OF PUBLIC WORKS—ENGINEERING DIVISION GRAB114d PItM9IT IVO.r 2 4 Fee: $ `�1 0 Check only—payable to: County Director of Finance Owner: ,)A/y 1�1Tlq,/V j Address: ?p � O_t Phone:5�� Civil Eng. /Surveyor:re_o l r ,D ��( �c.,/� ;;; Address: *L-7, yy;y H sL1/wr9 }� Phone: ,�,qi-7qq._M l License No.: 1 j Sg r JC:9 �A f��;n�i lis a 96 9qa Contractor: j N(_ Address: Pb 5? Phone:703, License No. ACC. /�/yS8 !eo/1/�l Location: ALR LA %«? �ngc��c'�1 �� Tax Map Key: (3) 1 j 17 Dai Del Cut(CY): Parcel Area (acre): hArea to be Graded (acre): D i s o s a I Site: Start Date: Completion Date: Fill (CY): <D (minimum 2 working days after issuance date) 1 ' Borrow Site: Remarks: /40/-7_;0 Goficec 7'c-;;-z (ouC1 GI'Zz,1-117 t=1 G[.o/`y/!z CA, 09 _ 00 3�K��lrl��5 141 1210 L::)_S 01-11/7et- S/7a/1 /-7?! /y wig !4av�z/ i Y/60­'Je �jeq�f • Z.-7.- lto6F)C'3X!3� Or' SvGGGSSo/' �'f'a ft��2 G�s � C'cr� a —� tp✓� `� bT s�'�� � / '� 15� 933-7653 (Hawai'i Island) 40 Pookela Street, Hilo, HI 96720 1. STATE DLNR—HISTORIC PRESERVATION DIVISION Approved: Loy ^!o •- zo/o _ 075 7 Received By: /00Date: Date: 2. PLANNING DEPARTMENT Approved: 1 Received By: Date: f �. Jl�/, Date: 1r l l f / .�C 1 3. DEPARTMENT OF PUBLI WORKS Ap roved for P rtnit Issuance: 1t . Date: Received By: 1 Date: i 2 �2 !r / t/ I I hereby certify that all work as requested above will conform to Chapter 10 of the Hawaii County Code./ Owner: Date: 1 �� i f Return to the Department of Public Works, Engineering Division, upon completion of work. Certification Accepted by: Date: (DPW inspector/engineer) County of Hawaii is an Equal Opportunity Pro«der and Employer EXI � � i `��� Rev 06/17/11 • County of Hawaii C RIPI NIA L DEPARTMENT OF PUBLIC WORKS—ENGINEERING DIWI G' N,.. i � 0 �-�c;.j ,�1 ll; ,1Z�I�, �.n STOCKPILING PERMIT NO. 0 9 2 5 2 5 Fe : $ Check only—payable}to: County Director of Finance Owner:Daniel B. Bolton Address: Po Box 898 Phone: 808-329-8240 Kailua Kona, HI. 96745 Civil Eng. / Surveyor: Ronald Arbogast Address:73-4174 Hulikoa Dr. Phone: 808-329-8240 License No.: 15587-c Kailua Kona, HI. 96740 Contractor: Bolton Inc. Address: Po Box 898 Phone: 808-329-8240 License No.: ABC-14458 Kailua Kona, HI. 96745 � '560 O Location: Hualalai Rd. Mauka of Queen K. Tax Map Key: (3) 7-5-017:031 Quantity (CY):� Reference Grading Permit No.: StartDate: /� � Completion Date: J 1 (minimum 2 w6rking days after issuance date) Remarks: `5-/Z-, peg /e- i� c�E, / vr� c 7<< 0 v � 71-ti /moo i-7Z CC�i"e� 933-7653 (Hawai`i Island) 40 Pookela Street, Hilo, HI 96720 NO 2COW• IWI 1. STATE DLNR- HISTORIC PRESERVATION DIVISION Approved:A-.��DC�, Received By: Date: f Oe'Le: L-C j Date: 2. PLANNING DEPARTMENT I \Apgrov Received By:—'+ �{t__ Date: i 1$ Date: 3. DEPARTMENT OF PUBLIC WORKS s ` 1A ro ed: Received By-, ` �l�t Y✓I,l✓� Date: `�1 �y Date: / Z /b I hereby certify that all ork quested above will conform to Chapter 10 of the Hawaii County Code. i Owner: Date: Return to the Department of Public Works, Engineering Division, upon completion of work. Certification Accepted by: Date: (DPW inspector/engineer) County of Hawaii is an Equal Opportunity Provider and Employer EXHIBIT i Rev OC/17/11 County of Hawaii DEPARTMENT OF PUBLIC WORKS-ENGINEERING DIVISION g 00 STOCKPILING PERMIT NO. 0 1 2 5 2 Fee: $ _ ��. Check only-payable to: County Director of Finance Owner:Daniel & Janet Bolton Address: Po Box 898 Phone: 808-329-8240 Kailua Kona, HI. 96745 Civil Eng./ Surveyor: Ronald Arbogast Address:73-4174 Hulikoa Dr. Phone: 808-329-8240 License No.: 15587-c Kailua Kona, HI. 96740 Contractor: Bolton Inc. Address: Po Box 898 Phone: 808-329-8240 License No.: ABC-14458 Kailua Kona, HI. 96745 Location: Hualalai Rd. Mauka of Queen K. Tax Map Key: (3) 7-5-017:044 Quantity(CY Q*-:� 1 Reference Grading P it No.: ,�CJ Start Date: \ 1,21 14 Completion Date: 1 (minimum 2 working days after issuance date) Remarks: :� & //o & - / L`7 b � n/o�e : �sHP� le.tt�cr' es 70 �r c� c,� . /e /-'ir�� 7' 7/6/9-. !/�crTr-eek .SLi��e w.2s �3,-J 933-7653 (Hawai`i Is and) 40 Pookela Street, Hilo, HI 96720 1. STATE DLNR-HISTORIC PRESERVATION DIVISION Approved: �_qZCiLif'1.�1�2 Received By: Date: M, No• N09 PQC, Date: :51Z O 2. PLANNING DEPART ENT Approved: / Received By: Date: 0 $� Date: ' i 3. DEPARTMENT PF PUBLIC WORK 'A Ap ro ed: Received B 6- Date: I Z'�Jlr' Date: IAS �fp I hereby certify that I w rk myrequested above will conform to Chapter 10 of the Hawaii County Code. Owner: Date: ;A Return to the Department of Public Works, Engineering Division, upon completion of work. Certification Accepted by: Date: (DPW inspector/engineer) County of Hawaii is an Equal Opportunity Prodder and Employer E 91 0 0 BEFORE THE LEEWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP NO. 16-000188 BOLTON, INC. ' s ) CERTIFICATE OF SERVICE Application for a Special ) Permit ) Tax Map Key No. : (3) 7-5-017 : ) 31 and 34 ) CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a copy of the foregoing document (s) was duly served upon the following parties via the U.S . Post Office, Kailua-Kona, Hawaii, postage prepaid, addressed as follows : PETER S .R. OLSON, ESQ. Olson & Sons, Attorneys-at-Law, ALC 79-7516 Hawaii Belt Road Kealakekua, HI 96750 Attorney for Applicant, BOLTON INC. WILLIAM V. BRILHANTE, JR. , ESQ. Deputy Corporation Counsel 101 Aupuni Street, Suite 325 Hilo, HI 96720 Attorney for PLANNING DIRECTOR DUANE KANUHA Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 DATED: Kailua-Kona, Hawaii, October 13, 2016 THE COMMUNITY ASSOCIATIONS OF HUALALAI, Petitioner By: MICHAEL J. MATSUKAWA Its Attorney Camero, Tracie-Lee : L From: Mike&Barb <mhussey@hawaii.rr.com> ,�; , rr 1' �r,i't( lig i i 11AEN Sent: Saturday,October 22,2016 3:57 PM , . ��OLJ .1 r OF HAWAIITo: Planning Internet Mail Subject: I would appreciate a Current Update ■ Bolton,Inc.hasidthdrawn its Special Permit application at Tax Map Key 7-5-017:044 J�C � It is my understanding that now, somehow, Bolton, Inc. will be allowed to resume operations on this site, Monday, October 24, 2016. i. I cannot locate any documentation on the Planning Department Web Page regarding ` minutes to attest to this change of restriction. I was present at the Planning =� Committee hearing when Bolton, Inc deferred and deferred yet again. This greatly_" impacts noise, pollution and property value if this company is allowed to resume. operations. I respectfully request a current status. Barbara J. Hussey Homeowner Kailua Kona, HI 96740 Mhussey@hawaii.rr.com EXHIBIT 83 4 108209