HomeMy WebLinkAbout2026-02-17 HO Sherry Broder Index to the Contested Case Hearing- PL-CCH-2025-000025INDEX TO CONTESTED CASE HEARING
CONTESTED CASE HEARING PETITION NO: PL-CCH-2025-000025
PETITIONER: JAMES MCMAHON AND LICHUN HUANG
APPLICANT: TEPPY MOUNTAIN, LLC (PL-SPP-2024-000075)
DOCUMENT NUMBER DATE DESCRIPTION PAGES
1 10/8/2025 Planning Commission (PC) staff Letter to Parties re Appointment of Hearing Officer 1-2
2 10/8/2025 Gmail - Selection of Hearing Officer 3-14
3 10/17/2025 Contested Case Proceedings Windward Planning Commission Record 14-15
4 10/17/2025 Gmail - Administrative Matters 101725 to 110725 16-21
5 10/23/2025 Scheduling Order 22-26
6 10/31/2025 PC Letter to Parties Notice of Contested Case Notice of Hearing 27-30
7 10/31/2025 Notice of Hearing 31-34
8 10/31/2025 Amended Scheduling Order 35-39
9 11/5/2025 County of Hawai`i Planning Department (PD) Legal Memorandum 40-43
10 11/5/2025 PD Witness List 44-47
11 11/6/2025 Applicant Witness List 48-51
12 11/6/2025 Applicant Exhibit List (w Exhibits)52-205
13 11/6/2025 Applicant Brief 206-215
14 11/6/2025 Intervenors Witness List - v1.0 216-218
15 11/6/2025 EX-A - Maps - Indian Tree Road Area 219-220
16 11/6/2025 EX-B - Map - Road Easements Identification 221
17 11/6/2025 EX-C - Presentation - GoFarm Grant Lichun Huang 05AUG2024 222-228
18 11/6/2025 EX-D - Doc - 2024 Award Letter GoFarm Matching grant 229-231
19 11/6/2025 EX-E - -Gmail Intervenors citation to article re quality considerations growing cacao (2020)232
20 11/6/2025 EX-F - Photo - Cacao beans drying outdoors 233
21 11/6/2025 EX-G - Photo - io in Orchard 234
22 11/6/2025 EX-H - Photos - Indian Tree Road - Baseyard Use 235-252
23 11/6/2025 EX-I - Presentation - Indian Tree Road - Falls on Fire Use 253-258
24 11/6/2025 EX-J - Photos - 2024 Falls on Fire Event 259-264
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25 11/6/2025 EX-K - Doc - Survival Guide - FALLS ON FIRE 265-267
26 11/6/2025 EX-L - Doc - Falls on Fire 2023 - Afterburn Report 268-269
27 11/6/2025 EX-M - Doc - Indian Tree Road Log Nov 6-13 2024 270-291
28 11/6/2025 EX-N - Doc - 2025 Burning Man BLM Closure Order 292-304
29 11/6/2025 EX-O - Presentation - ITR - H-19 Intersection 305-314
30 11/6/2025 EX-P - Gmail - Harry Takuie Correspondence wrt Intersection 315-316
31 11/6/2025 EX-Q - Doc - Easement 2002-227898 317-325
32 11/6/2025 EX-R - Gmail - Indian Tree Road Issues - 10 Jan 2022 326-327
33 11/6/2025 EX-S - Gmail - Re_ Camping Weekend 328-329
34 11/6/2025 EX-T - Gmail - Re_ Falls on Fire 2024 330-331
35 11/11/2025 Intervenors Rebuttal 332-336
36 11/11/2025 Public Testimony Opposition and Support 11-11-25 thru 11-8-25 337-363
37 11/12/2025 Gmail - Applicant Use of Slides of Exhibits at Hearing 364-365
38 11/12/2025 Intervenors Revised Exhibit List - v1.1 366-368
39 11/12/2025 Gmail - Intervenors Explanations re Revised Exhibits 369-370
40 11/12/2025 EX-H - Photos - Indian Tree Road - Baseyard Use - V1.1 371-388
41 11/12/2025 EX-I - Presentation - Indian Tree Road - Falls on Fire Use - V1.1 389-402
42 11/12/2025 Public Testimony 2025-11-12 403
43 11/17/2025 Additional Post Hearing Public Testimonies Received by 11.17.25 430 pm Deadline 404-468
44 11/17/2025 Contested Case Hearing Public Testifiers 469-470
45 11/17/2025 Gmail - Hearing Zoom Recording and Draft Transcripts 471
46 11/17/2025 Transcript from Trint- First Half of 11/13/25 Hearing 472-549
47 11/17/2025 Transcript from Trint - Second Half of 11/13/25 Hearing 550-593
48 11/25/2025 Gmail - Hearing Officer Request to set hearing re transcripts and translations 594
49 11/26/2025 Gmail - Hearing Officer Rulings re transcripts 595
50 12/3/2025 Gmail - Hearing Officer Inquiry re Teppy Mountain LLC Event Waiver 596
51 12/3/2025 Gmail - Hearing Officer Inquiry re Teppy Mountain LLC Event Waiver 597
52 12/8/2025 Corrected and Translated Testimonies 598
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53 12/8/2025 Hawaiian Glossary 599
54 12/8/2025 Keliihoalani N. K. Wilson Bio 600
55 1/5/2026 Intervenor Closing Arguments 601-618
57 1/9/2026 *Teppy Mountain Windward PC Report Oct. to Dec. 2025, Hearing Officer 619-624
58 1/12/2026 COH Proposed FOF COL 625-654
59 2/17/2026 Hearing Officer Findings of Fact, Conclusions of Law, Decision and Order 655-691
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1
2
CAUTION: This email originated from outside of Cades Schutte.
Sherry Broder <sherrybroder@gmail.com>
Re: Selection of Hearings Officer | Contested Case Proceedings | PL-CCH-2025-
000025 James McMahon and Lichun Huang | PL-SPP-2024-000075 Teppy Mountain
LLC
1 message
Andrew Tepper <teppy@egenesis.com>Fri, Oct 10, 2025 at 1:37 PM
To: Cal Chipchase <cchipchase@cades.com>
Cc: Rachelle Ley <Rachelle.Ley@hawaiicounty.gov>, sherry broder <sherrybroder@sherrybroder.com>, Jim and Lichun
<jimlichun@gmail.com>, Jean K Campbell <JeanK.Campbell@hawaiicounty.gov>, Jeff Darrow
<Jeff.Darrow@hawaiicounty.gov>, Melissa Dacayanan <Melissa.Dacayanan@hawaiicounty.gov>, John Pipan
<john@landplanninghawaii.com>, Planning Hawaii Land <info@landplanninghawaii.com>, Kawehilani S Lactaoen
<KawehilaniS.Lactaoen@hawaiicounty.gov>, Christian Kay <Christian.Kay@hawaiicounty.gov>, Maija Jackson
<Maija.Jackson@hawaiicounty.gov>
Confirmed
On Fri, Oct 10, 2025, 12:43 PM Cal Chipchase <cchipchase@cades.com> wrote:
Confirmed for TM as well.
On Oct 10, 2025, at 11:54 AM, Ley, Rachelle <Rachelle.Ley@hawaiicounty.gov> wrote:
Aloha all,
Confirming Planning Director Jeff Darrow’s availability for October 17th at 8:10am.
Mahalo,
Rachelle Ley
Private Secretary to the Planning Director
County of Hawai`i Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawai`i 96720
<image001.png>rachelle.ley@hawaiicounty.gov | 808 961-8125
www.planning.hawaiicounty.gov
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s) and may contain confidential and/or privileged information. Any review, use,3
disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient,
please contact the sender by reply e-mail and destroy all copies of the original message.
Hawai`i County is an Equal Opportunity Provider and Employer.
From: sherry broder <sherrybroder@sherrybroder.com>
Sent: Friday, October 10, 2025 8:40 AM
To: Jim and Lichun <jimlichun@gmail.com>
Cc: Cal Chipchase <cchipchase@cades.com>; Campbell, Jean K
<JeanK.Campbell@hawaiicounty.gov>; Darrow, Jeff <Jeff.Darrow@hawaiicounty.gov>;
Dacayanan, Melissa <Melissa.Dacayanan@hawaiicounty.gov>; Teppy Mountain, LLC
<teppy@egenesis.com>; John Pipan <john@landplanninghawaii.com>; Land Planning
Hawaii <info@landplanninghawaii.com>; Ley, Rachelle <Rachelle.Ley@hawaiicounty.gov>;
Lactaoen, Kawehilani S <KawehilaniS.Lactaoen@hawaiicounty.gov>; Kay, Christian
<Christian.Kay@hawaiicounty.gov>; Jackson, Maija <Maija.Jackson@hawaiicounty.gov>
Subject: Re: Selection of Hearings Officer | Contested Case Proceedings | PL-CCH-2025-
000025 James McMahon and Lichun Huang | PL-SPP-2024-000075 Teppy Mountain LLC
Aloha Counsel and Parties, Mr. McMahon and Ms. Huang have proposed next week Friday,
Oct. 17, 2025, as the date for the First Prehearing Conference, and the time of 8:10 am or 4
pm. I am hereby scheduling the First Prehearing Conference for Oct. 17, 2025 at 8:10 am.
However, objections can be made and should be circulated by the end of business today.
Mahalo.
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411
NOTICE: Information contained in this transmission to the named addressee is proprietary information and is subject to
attorney-client privilege and work product confidentiality. If the recipient of this transmission is not the named
addressee, the recipient should immediately notify the sender and destroy the information transmitted without making
any copy or distribution thereof.
4
On Fri, Oct 10, 2025 at 1:04 AM Jim and Lichun <jimlichun@gmail.com> wrote:
HI Sherry
We are available next week Oct. 17 @ 8:10AM or 4PM.
Regards
Jim and Lichun
On Thu, Oct 9, 2025 at 8:31 AM sherry broder <sherrybroder@sherrybroder.com> wrote:
Aloha Mr. McMahon and Ms. Huang,
You are correct, the two of you did not agree to the proposal I made for a first
prehearing conference and you stated that you will be in district court at that time. My
apologies.
Thus I will propose the following alternative times. Oct. 10 @ noon, Oct. 10 @ 4 pm,
any day next week at 8:30 am or noon or 4 pm.
Thank you for your attention to this matter.
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411
NOTICE: Information contained in this transmission to the named addressee is proprietary information and is
subject to attorney-client privilege and work product confidentiality. If the recipient of this transmission is not the
named addressee, the recipient should immediately notify the sender and destroy the information transmitted
without making any copy or distribution thereof.
5
On Thu, Oct 9, 2025 at 8:15 AM Jim and Lichun <jimlichun@gmail.com> wrote:
Aloha Sherry Broder,
For the record, we received your email scheduling the pre-trial conference for 8:30 a.m. on
October 10, 2025.
We are not available at that time due to a prior court obligation. We did not agree to the October
10 date, and your recent message “thanking us for agreeing” is incorrect. Please correct the
record to reflect that we never consented to this date.
We are available in early November and are open to coordinating a mutually agreeable date and
time at that point. Our request is not intended to delay the process; we simply seek a fair
opportunity to participate.
If the pre-trial conference nevertheless proceeds in our absence, please note for the record that
we do not consent to and will not be bound by any procedural decisions, stipulations, or
determinations made without our participation.
Please confirm receipt of this message and advise whether you will reschedule the conference to
a date in early November.
Mahalo,
Lichun and Jim
On Thu, Oct 9, 2025 at 7:36 AM sherry broder <sherrybroder@sherrybroder.com> wrote:
Aloha,
Many thanks to all of you for arranging your calendars and agreeing to meet for a
first prehearing conference on Friday, Oct. 10 @ 8:30 am. The purpose of the first
prehearing conference is to to discuss any procedural matters, a date for the
Hearing, and any other related issues.
Below please find the zoom invite.
Sherry Broder is inviting you to a scheduled Zoom meeting.
Topic: Contested Case Proceedings | PL-CCH-2025-000025 James McMahon and
Lichun Huang | PL-SPP-2024-000075 Teppy Mountain LLC
Time: Oct 10, 2025 08:30 AM Hawaii
Join Zoom Meeting
https://hawaii.zoom.us/j/87342451713
Meeting ID: 873 4245 1713
Passcode: 817373
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6
Join instructions
https://hawaii.zoom.us/meetings/87342451713/invitations?signature=dqYKCJ7FV_
4sxmhzdoqRNNgkkG8qH3oskEqVTVLgu1w
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411
NOTICE: Information contained in this transmission to the named addressee is proprietary information and
is subject to attorney-client privilege and work product confidentiality. If the recipient of this transmission is
not the named addressee, the recipient should immediately notify the sender and destroy the information
transmitted without making any copy or distribution thereof.
On Wed, Oct 8, 2025 at 5:43 PM Cal Chipchase <cchipchase@cades.com> wrote:
Hi –
I represent Teppy Mountain LLC.
Teppy Mountain agrees that Ms. Broder should be included on all correspondence regarding
scheduling. We are available for a scheduling conference on Friday at 8:30. We are available to hold
the contested case hearing this month. We agree that a one-day hearing is sufficient.
Teppy Mountain objects to continuing the scheduling conference and to any other effort to delay the
contested case proceeding. The fact that it took a long time to get where we are is not a good reason
for taking a long time to get to the end. We ask that the hearing officer proceed as proposed and that
the intervenors make arrangements to join the conference.
Best,
Cal
From: sherry broder <sherrybroder@sherrybroder.com>
Sent: Wednesday, October 08, 2025 3:45 PM
To: Campbell, Jean K <JeanK.Campbell@hawaiicounty.gov>7
CAUTION: This email originated from outside of Cades Schutte.
Cc: Darrow, Jeff <Jeff.Darrow@hawaiicounty.gov>; Dacayanan, Melissa
<Melissa.Dacayanan@hawaiicounty.gov>; Teppy Mountain, LLC
<teppy@egenesis.com>; Cal Chipchase <cchipchase@cades.com>; John Pipan
<john@landplanninghawaii.com>; Land Planning Hawaii
<info@landplanninghawaii.com>; Jim McMahon <jimlichun@gmail.com>; Ley,
Rachelle <Rachelle.Ley@hawaiicounty.gov>; Lactaoen, Kawehilani S
<KawehilaniS.Lactaoen@hawaiicounty.gov>; Kay, Christian
<Christian.Kay@hawaiicounty.gov>; Jackson, Maija
<Maija.Jackson@hawaiicounty.gov>
Subject: Re: Selection of Hearings Officer | Contested Case Proceedings | PL-
CCH-2025-000025 James McMahon and Lichun Huang | PL-SPP-2024-000075
Teppy Mountain LLC
Aloha,
I appreciate all the efforts to participate and send comments on the schedule. Since this
matter is a contested matter and not a mediation, I am requesting that all communications
with me include all the parties. Thank you.
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411
NOTICE: Information contained in this transmission to the named addressee is proprietary information
and is subject to attorney-client privilege and work product confidentiality. If the recipient of this
transmission is not the named addressee, the recipient should immediately notify the sender and destroy
the information transmitted without making any copy or distribution thereof.
On Wed, Oct 8, 2025 at 2:02 PM Campbell, Jean K <JeanK.Campbell@hawaiicounty.gov>
wrote:
Hi Sherry,
8
This matter has already been very slow in progressing, for a whole variety of
reasons, with mediation taking place back in May. Scheduling the mediation
dates was difficult. The County appreciates any efforts on your part to ensure
this moves along in a timely and efficient manner with as little delay as
possible. Thank you.
Aloha,
Jean
From: sherry broder <sherrybroder@sherrybroder.com>
Sent: Wednesday, October 8, 2025 1:37 PM
To: Darrow, Jeff <Jeff.Darrow@hawaiicounty.gov>
Cc: Dacayanan, Melissa <Melissa.Dacayanan@hawaiicounty.gov>; Teppy
Mountain, LLC <teppy@egenesis.com>; Calvert Chipchase Esq.
<cchipchase@cades.com>; John Pipan <john@landplanninghawaii.com>;
Land Planning Hawaii <info@landplanninghawaii.com>; Jim McMahon
<jimlichun@gmail.com>; Campbell, Jean K <JeanK.Campbell@hawaiicounty.
gov>; Ley, Rachelle <Rachelle.Ley@hawaiicounty.gov>; Lactaoen, Kawehilani
S <KawehilaniS.Lactaoen@hawaiicounty.gov>; Kay, Christian
<Christian.Kay@hawaiicounty.gov>; Jackson, Maija
<Maija.Jackson@hawaiicounty.gov>
Subject: Re: Selection of Hearings Officer | Contested Case Proceedings | PL-
CCH-2025-000025 James McMahon and Lichun Huang | PL-SPP-2024-
000075 Teppy Mountain LLC
Aloha, below please find further comments I received dabout the schedule in a
separate email which I am forwarding. Does anyone have any comments?
"Hi Sherry
We are not available on Oct 10. We are already scheduled to be in District
Court between 8am-5pm that day. Our counsel only asked us to bring him
onboard once the pre hearing date is known. Neither of us was expecting to
have less than 48hours advance notice of this conference. That is why we are
requesting ~1 month postponement.
Why the sudden urgency if I may ask? The mediation phase of the contested
case process with its scheduling, actual mediation, etc., went on for months. I
agree the duration of the actual hearing is likely to be ~1day. But again, I
believe we need a reasonable amount of time to prepare and to fit into our
schedules.
Thanks and Best Regards
Jim"
9
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411
NOTICE: Information contained in this transmission to the named addressee is proprietary
information and is subject to attorney-client privilege and work product confidentiality. If the recipient
of this transmission is not the named addressee, the recipient should immediately notify the sender
and destroy the information transmitted without making any copy or distribution thereof.
On Wed, Oct 8, 2025 at 12:29 PM Darrow, Jeff <Jeff.Darrow@hawaiicounty.gov> wrote:
Aloha Sherry,
I am available on October 10th at 8:30am.
Thanx,
Jeff
Jeffrey W. Darrow
Planning Director
County of Hawaii Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
808-961-8158
10
<image001.png>County of Hawai’i
Confidentiality Notice: This e-mail message, including any attachments, is for the
sole use of the intended recipient(s) and may contain confidential and/or privileged
information. Any review, use, disclosure, or distribution by unintended recipients is
prohibited. If you are not the intended recipient, please contact the sender by reply
e-mail and destroy all copies of the original message.
From: sherry broder <sherrybroder@sherrybroder.com>
Sent: Wednesday, October 8, 2025 11:55 AM
To: Dacayanan, Melissa <Melissa.Dacayanan@hawaiicounty.gov>
Cc: Teppy Mountain, LLC <teppy@egenesis.com>; Calvert Chipchase Esq.
<cchipchase@cades.com>; John Pipan <john@landplanninghawaii.com>;
Land Planning Hawaii <info@landplanninghawaii.com>; Jim McMahon
<jimlichun@gmail.com>; Darrow, Jeff <Jeff.Darrow@hawaiicounty.gov>;
Campbell, Jean K <JeanK.Campbell@hawaiicounty.gov>; Ley, Rachelle
<Rachelle.Ley@hawaiicounty.gov>; Lactaoen, Kawehilani S
<KawehilaniS.Lactaoen@hawaiicounty.gov>; Kay, Christian
<Christian.Kay@hawaiicounty.gov>; Jackson, Maija
<Maija.Jackson@hawaiicounty.gov>
Subject: Re: Selection of Hearings Officer | Contested Case Proceedings |
PL-CCH-2025-000025 James McMahon and Lichun Huang | PL-SPP-2024-
000075 Teppy Mountain LLC
Aloha Counsel,
I am writing to set a first prehearing conference by zoom on Friday October
10, 2025 at 8:30 am to discuss any procedural matters, a date for the
Hearing, and any other related issues. I chose an early time, hoping that it
will allow for everyone to be present.
It would be best if the Hearing could be set before the end of October.
Please review your schedules before the first prehearing conference.
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411 11
NOTICE: Information contained in this transmission to the named addressee is proprietary
information and is subject to attorney-client privilege and work product confidentiality. If the
recipient of this transmission is not the named addressee, the recipient should immediately notify
the sender and destroy the information transmitted without making any copy or distribution
thereof.
On Wed, Oct 8, 2025 at 10:06 AM Dacayanan, Melissa <Melissa.Dacayanan@
hawaiicounty.gov> wrote:
Good morning,
Attached is a letter dated October 8, 2025, from the Windward Planning
Commission concerning the subject matter. The Law Offices of Sherry P. Broder will
serve as the hearings officer in the contested case proceedings. Please note that
no hard copy will follow.
Thank you.
Melissa Dacayanan-Salvador
Melissa Dacayanan-Salvador
Windward Planning Commission | County of Hawaiʻi | Planning Department
101 Pauahi Street, Suite 3 | Hilo, Hawaiʻi 96720
Tel: (808) 961-8156 | melissa.dacayanan@hawaiicounty.gov
<image001.png>
Confidentiality Notice: This e-mail message, including any attachments, is
for the sole use of the intended recipient(s) and may contain confidential
and/or privileged information. Any review, use, disclosure, or distribution by
unintended recipients is prohibited. If you are not the intended recipient,
please contact the sender by reply e-mail and destroy all copies of the
original message.
Hawaiʻi County is an Equal Opportunity Provider and Employer
This e-mail, including its attachments, is intended only for the use of the individual or entity
to which it is addressed and may contain information that is privileged, confidential, or
otherwise protected from disclosure. If you are not the intended recipient, please do not
forward, disseminate, disclose, distribute, use, or copy this e-mail or its attachments.
12
Instead, please notify us immediately by reply e-mail or by telephone (808) 521-9200, and
delete the original e-mail and its attachments, and all copies.
--
Jim & Lichun
--
Jim & Lichun
This e-mail, including its attachments, is intended only for the use of the individual or entity to which it is addressed and
may contain information that is privileged, confidential, or otherwise protected from disclosure. If you are not the
intended recipient, please do not forward, disseminate, disclose, distribute, use, or copy this e-mail or its attachments.
Instead, please notify us immediately by reply e-mail or by telephone (808) 521-9200, and delete the original e-mail and
its attachments, and all copies.
13
Sherry Broder <sherrybroder@gmail.com>
Contested Case Proceedings | PL-CCH-2025-000025 James McMahon and Lichun
Huang | PL-SPP-2024-000075 Teppy Mountain LLC | Windward Planning Commission
Record
1 message
Dacayanan, Melissa <Melissa.Dacayanan@hawaiicounty.gov>Fri, Oct 17, 2025 at 12:54 PM
To: "Teppy Mountain, LLC" <teppy@egenesis.com>, "Calvert Chipchase Esq." <cchipchase@cades.com>, Jim McMahon
<jimlichun@gmail.com>, "Campbell, Jean K" <JeanK.Campbell@hawaiicounty.gov>, "Darrow, Jeffrey W."
<Jeff.Darrow@hawaiicounty.gov>, "Sherry Broder Esq." <sherrybroder@sherrybroder.com>, Jake Honigman
<jhonigman@cades.com>
Cc: "Ley, Rachelle" <Rachelle.Ley@hawaiicounty.gov>, "Lactaoen, Kawehilani S"
<KawehilaniS.Lactaoen@hawaiicounty.gov>, "Jackson, Maija" <Maija.Jackson@hawaiicounty.gov>, "Kay, Christian"
<Christian.Kay@hawaiicounty.gov>
Good afternoon,
As directed during the pre-hearing conference this morning regarding the subject matter, please see below and attached
the requested materials for your reference:
Windward Planning Commission (WPC) Index to Record: Teppy Mountain PL-SPP-2024-075 Index to
Record.COS.pdf
YouTube link to WPC February 6, 2025 Hearing: https://www.youtube.com/live/mYflH7-ZTnE?si=Gk4oBOvTFTk-
rd4c&t=387
WPC Minutes - February 6, 2025: Pertaining to PL-CCH-2025-000025 for James McMahon and Lichun Huang.
This is identified as Document No. 21 within the record.
Planning Commission (PC) Rules: PC Rule 4 pertains to Contested Case Procedure: Planning Commission
Rules (Amended 6-22-2023).pdf
Thank you.
Melissa Dacayanan-Salvador
Windward Planning Commission | County of Hawaiʻi | Planning Department
101 Pauahi Street, Suite 3 | Hilo, Hawaiʻi 96720
Tel: (808) 961-8156 | melissa.dacayanan@hawaiicounty.gov
14
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended
recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or
distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the
sender by reply e-mail and destroy all copies of the original message.
Hawaiʻi County is an Equal Opportunity Provider and Employer
15
Sherry Broder <sherrybroder@gmail.com>
Re: Notice of Contested Case Proceedings Notification | PL-SPP-2024-000075 Teppy
Mountain LLC | PL-CCH-2025-000025 James McMahon and Lichun Huang
1 message
sherry broder <sherrybroder@sherrybroder.com>Fri, Nov 7, 2025 at 8:14 AM
To: "Dacayanan, Melissa" <Melissa.Dacayanan@hawaiicounty.gov>
Cc: "Teppy Mountain, LLC" <teppy@egenesis.com>, "Calvert Chipchase Esq." <cchipchase@cades.com>, Jake Honigman
<jhonigman@cades.com>, Jim McMahon <jimlichun@gmail.com>, "Darrow, Jeffrey W." <Jeff.Darrow@hawaiicounty.gov>,
"Campbell, Jean K" <JeanK.Campbell@hawaiicounty.gov>, "Ley, Rachelle" <Rachelle.Ley@hawaiicounty.gov>, "Lactaoen,
Kawehilani S" <KawehilaniS.Lactaoen@hawaiicounty.gov>, "Jackson, Maija" <Maija.Jackson@hawaiicounty.gov>, "Kay,
Christian" <Christian.Kay@hawaiicounty.gov>
Aloha,
I am writing to inform the parties that the hearing will be recorded by two methods. The council chambers
has its own recording equipment. The hearing will be available to the public and as needed by zoom and
another recording will be made on zoom. The court reporter from Ralph Rosenberg will use these two
recordings to prepare the transcript.
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411
NOTICE: Information contained in this transmission to the named addressee is proprietary information and is subject to attorney-client
privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should
immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof.
On Mon, Nov 3, 2025 at 6:23 AM Dacayanan, Melissa <Melissa.Dacayanan@hawaiicounty.gov> wrote:
Good morning,
Attached please find the Notice of Contested Case Proceedings regarding the subject matter, scheduled for Thursday,
November 13, 2025, before Hearing Officer, Sherry Broder Esq. There will be no hard copy to follow.
Should you have any questions, please feel free to contact Maija Jackson (cc’d herein) at (808) 961-8159.
Thank you.
Melissa Dacayanan-Salvador
Windward Planning Commission | County of Hawaiʻi | Planning Department
101 Pauahi Street, Suite 3 | Hilo, Hawaiʻi 96720
16
CAUTION: This email originated from outside of Cades Schutte.
Tel: (808) 961-8156 | melissa.dacayanan@hawaiicounty.gov
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended
recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or
distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the
sender by reply e-mail and destroy all copies of the original message.
Hawaiʻi County is an Equal Opportunity Provider and Employer
From: Cal Chipchase <cchipchase@cades.com>
Sent: Friday, October 31, 2025 2:41 PM
To: Campbell, Jean K <JeanK.Campbell@hawaiicounty.gov>
Cc: Jackson, Maija <Maija.Jackson@hawaiicounty.gov>; sherry broder <sherrybroder@sherrybroder.com
>; Dacayanan, Melissa <Melissa.Dacayanan@hawaiicounty.gov>; teppy@egenesis.com; Jim McMahon
<jimlichun@gmail.com>; Darrow, Jeffrey W. <Jeff.Darrow@hawaiicounty.gov>; Jake Honigman
<jhonigman@cades.com>; Ley, Rachelle <Rachelle.Ley@hawaiicounty.gov>; Lactaoen, Kawehilani S
<KawehilaniS.Lactaoen@hawaiicounty.gov>; Kay, Christian <Christian.Kay@hawaiicounty.gov>
Subject: Re: Contested Case Proceedings | PL-CCH-2025-000025 James McMahon and Lichun Huang |
PL-SPP-2024-000075 Teppy Mountain LLC | Windward Planning Commission Record
Received. Thanks very much.
On Oct 31, 2025, at 2:28 PM, Campbell, Jean K <JeanK.Campbell@hawaiicounty.gov> wrote:
Thank you. Have a good weekend all.
Aloha,
Jean
From: Jackson, Maija <Maija.Jackson@hawaiicounty.gov>
Sent: Friday, October 31, 2025 2:08 PM
To: sherry broder <sherrybroder@sherrybroder.com>; Dacayanan, Melissa
<Melissa.Dacayanan@hawaiicounty.gov>
Cc: Teppy Mountain, LLC <teppy@egenesis.com>; Calvert Chipchase Esq.
<cchipchase@cades.com>; Jim McMahon <jimlichun@gmail.com>; Campbell, Jean K
<JeanK.Campbell@hawaiicounty.gov>; Darrow, Jeffrey W. <Jeff.Darrow@hawaiicounty.gov>;17
Jake Honigman <jhonigman@cades.com>; Ley, Rachelle <Rachelle.Ley@hawaiicounty.gov>;
Lactaoen, Kawehilani S <KawehilaniS.Lactaoen@hawaiicounty.gov>; Kay, Christian
<Christian.Kay@hawaiicounty.gov>
Subject: RE: Contested Case Proceedings | PL-CCH-2025-000025 James McMahon and
Lichun Huang | PL-SPP-2024-000075 Teppy Mountain LLC | Windward Planning Commission
Record
Aloha all,
Please see the draft amended scheduling order with the date in paragraph 3 amended to use the date
Nov. 11, 2025 at 4:30 pm.
Thank you,
Maija Jackson, Planning Program Manager
Leeward and Windward Planning Commissions
County of Hawaii Planning Department
808-961-8159
From: sherry broder <sherrybroder@sherrybroder.com>
Sent: Wednesday, October 29, 2025 11:07 AM
To: Dacayanan, Melissa <Melissa.Dacayanan@hawaiicounty.gov>
Cc: Teppy Mountain, LLC <teppy@egenesis.com>; Calvert Chipchase Esq.
<cchipchase@cades.com>; Jim McMahon <jimlichun@gmail.com>; Campbell, Jean K
<JeanK.Campbell@hawaiicounty.gov>; Darrow, Jeffrey W. <Jeff.Darrow@hawaiicounty.gov>;
Jake Honigman <jhonigman@cades.com>; Ley, Rachelle <Rachelle.Ley@hawaiicounty.gov>;
Lactaoen, Kawehilani S <KawehilaniS.Lactaoen@hawaiicounty.gov>; Jackson, Maija
<Maija.Jackson@hawaiicounty.gov>; Kay, Christian <Christian.Kay@hawaiicounty.gov>
Subject: Re: Contested Case Proceedings | PL-CCH-2025-000025 James McMahon and
Lichun Huang | PL-SPP-2024-000075 Teppy Mountain LLC | Windward Planning Commission
Record
Aloha,
Many thanks to Ms. Dacayanan-Salvador for the reminder about the distribution of these
materials. It is greatly appreciated.
In reviewing the Scheduling Order, page 2, paragraph number 2 sets the deadline for the
Intervenors to disclose any witnesses as no later than Nov. 10, 2025 by 4:30 pm. Paragraph
3 sets the deadline for any objections and rebuttals to be filed by Nov. 10, 2025. Because
the parties may not have received the Intervenors witnesses list also on Nov. 10, 2025 at
4:30 pm, I am hereby ordering that the date in paragraph 3 of Scheduling Order be
amended to use the date Nov. 11, 2025 at 4:30 pm. Please let me know if you have any
questions or concerns regarding this amendment by the end of business Oct. 30, 2025.
Could Ms. Jackson please prepare the amended order.
18
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411
NOTICE: Information contained in this transmission to the named addressee is proprietary information and is subject to
attorney-client privilege and work product confidentiality. If the recipient of this transmission is not the named
addressee, the recipient should immediately notify the sender and destroy the information transmitted without making
any copy or distribution thereof.
On Wed, Oct 29, 2025 at 9:12 AM Dacayanan, Melissa <Melissa.Dacayanan@hawaiicounty.gov> wrote:
Good morning,
This is courtesy email providing the following materials for your reference regarding the subject matter.
1. Windward Planning Commission (WPC) Index to Record: Teppy Mountain PL-SPP-2024-
075 Index to Record.COS.pdf
1. YouTube link to WPC February 6, 2025 Hearing: https://www.youtube.com/live/mYflH7-ZTnE?
si=Gk4oBOvTFTk-rd4c&t=387
1. WPC Minutes - February 6, 2025: Pertaining to PL-CCH-2025-000025 for James McMahon and
Lichun Huang. This is identified as Document No. 21 within the record.
1. Planning Commission (PC) Rules: PC Rule 4 pertains to Contested Case Procedure: Planning
Commission Rules (Amended 6-22-2023).pdf
Thank you.
Melissa Dacayanan-Salvador
Windward Planning Commission | County of Hawaiʻi | Planning Department
101 Pauahi Street, Suite 3 | Hilo, Hawaiʻi 96720
Tel: (808) 961-8156 | melissa.dacayanan@hawaiicounty.gov 19
<image001.png>
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use
of the intended recipient(s) and may contain confidential and/or privileged information. Any
review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not
the intended recipient, please contact the sender by reply e-mail and destroy all copies of
the original message.
From: Dacayanan, Melissa
Sent: Friday, October 17, 2025 12:54 PM
To: Teppy Mountain, LLC <teppy@egenesis.com>; Calvert Chipchase Esq.
<cchipchase@cades.com>; Jim McMahon <jimlichun@gmail.com>; Campbell, Jean K
<JeanK.Campbell@hawaiicounty.gov>; Darrow, Jeff <Jeff.Darrow@hawaiicounty.gov>;
Sherry Broder Esq. <sherrybroder@sherrybroder.com>; Jake Honigman
<jhonigman@cades.com>
Cc: Ley, Rachelle <Rachelle.Ley@hawaiicounty.gov>; Lactaoen, Kawehilani S
<KawehilaniS.Lactaoen@hawaiicounty.gov>; Jackson, Maija
<Maija.Jackson@hawaiicounty.gov>; Kay, Christian <Christian.Kay@hawaiicounty.gov>
Subject: Contested Case Proceedings | PL-CCH-2025-000025 James McMahon and
Lichun Huang | PL-SPP-2024-000075 Teppy Mountain LLC | Windward Planning
Commission Record
Importance: High
Good afternoon,
As directed during the pre-hearing conference this morning regarding the subject matter, please see
below and attached the requested materials for your reference:
1. Windward Planning Commission (WPC) Index to Record: Teppy Mountain PL-SPP-2024-
075 Index to Record.COS.pdf
1. YouTube link to WPC February 6, 2025 Hearing: https://www.youtube.com/live/mYflH7-ZTnE?
si=Gk4oBOvTFTk-rd4c&t=387
1. WPC Minutes - February 6, 2025: Pertaining to PL-CCH-2025-000025 for James McMahon and
Lichun Huang. This is identified as Document No. 21 within the record.
1. Planning Commission (PC) Rules: PC Rule 4 pertains to Contested Case Procedure: Planning
Commission Rules (Amended 6-22-2023).pdf
Thank you.
Melissa Dacayanan-Salvador
Windward Planning Commission | County of Hawaiʻi | Planning Department
101 Pauahi Street, Suite 3 | Hilo, Hawaiʻi 96720
Tel: (808) 961-8156 | melissa.dacayanan@hawaiicounty.gov 20
<image001.png>
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use
of the intended recipient(s) and may contain confidential and/or privileged information. Any
review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not
the intended recipient, please contact the sender by reply e-mail and destroy all copies of
the original message.
Hawaiʻi County is an Equal Opportunity Provider and Employer
This e-mail, including its attachments, is intended only for the use of the individual or entity to which it is addressed and
may contain information that is privileged, confidential, or otherwise protected from disclosure. If you are not the
intended recipient, please do not forward, disseminate, disclose, distribute, use, or copy this e-mail or its attachments.
Instead, please notify us immediately by reply e-mail or by telephone (808) 521-9200, and delete the original e-mail and
its attachments, and all copies.
21
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
Telephone: 808-342-1411
E-mail: sherrybroder@sherrybroder.com
Hearings Officer for the Windward Planning Commission
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow,
Planning Director.
Special Permit Application PL-SPP-2024-000075
PL-CCH-2025-000025
SCHEDULING ORDER; HEARINGS OFFICER
CERTIFICATE OF SERVICE
Pre-Hearing Conference Held:
Date: October 17, 2025
Time: 8:10 a.m. Hawaii Standard Time (HST)
Contested Case Hearing
Date: November 13, 2025
Time: 9:00 a.m. HST
SCHEDULING ORDER
PURSUANT to the Planning Commission (hereinafter “Commission”) Rule 4-7, a virtual
pre-hearing conference was held on October 17, 2025. Andrew Tepper for Teppy Mountain
LLC, Applicant; Calvert Chipchase and Jake Honigman, Attorneys for Applicant; James
McMahon and Lichun Huang, Intervenor; Jeffrey Darrow, Planning Director; Deputy
Corporation Counsel Jean Campbell, Attorney for Planning Department; Maija Jackson,
Planning Program Manager for Planning Commission; and Melissa Dacayanan-Salvador,
Windward Planning Commission Secretary, appeared via Zoom.
PURSUANT to Commission Rule 4-4, the hearings officer as presiding officer has the
authority to fix the time for the filing of briefs, and take all other actions authorized by law that
aa
2
are deemed necessary for the orderly and just conduct of a hearing. Pursuant to this rule, the
hearings officer enters this Scheduling Order:
1. The hearing on this matter will commence before the Hearings Officer on
Thursday, November 13, 2025. The hearing will be held at Hawai‘i County
Council Chambers, 25 Aupuni Street, Hilo, Hawaiʻi and by interactive conference
technology (ICT) via Zoom. The hearing will start at 9:00 a.m. HST and must end
by 8:30 p.m. HST.
2. The parties shall exchange witness lists, briefs, exhibits, additional evidence, and
supplemental memorandum and shall file the same with the Hearings Officer, no
later than November 6, 2025, by 4:30 p.m. HST The witness list shall identify
each witness that the party intends to call at the hearing, describe concisely the
substance of the testimony to be given, and an estimated time required for the
testimony of the witness on direct examination. The Hearings Officer has allowed
the Intervenor to disclose any witnesses no later than November 10, 2025 by 4:30
p.m. HST.
3. The parties shall file any objections or rebuttals to the record on all parties and the
Hearings Officer no later than November 10, 2025, by 4:30 p.m. HST.
The Commission record on the Special Permit application, minutes of the February 6,
2025 Commission meeting on the matter, and the Planning Commission Rules of Practice and
Procedure were provided to the parties by email after the pre-hearing conference on October 17,
2025.
The hearings officer, for good cause, reserves the right to amend this Scheduling Order.
Finally, if the November 13, 2025, hearing is continued in this matter, the deadlines set forth
herein shall be reset.
23
3
Dated: Hilo, Hawai‘i, October 22, 2025.
/s/ Sherry P. Broder
SHERRY P. BRODER, Hearings Officer
Windward Planning Commission
County of Hawaiʻi
24
BEFORE THE WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow,
Planning Director.
Special Permit Application PL-SPP-2024-000075
PL-CCH-2025-000025
HEARINGS OFFICER CERTIFICATE OF
SERVICE
HEARINGS OFFICER CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was
served upon the parties identified below by electronic mail service pursuant to Planning
Commission Rule 4-3 on October 23, 2025.
Delivered via electronic mail (e-mail):
Teppy Mountain LLC
c/o Andrew Tepper
4717 Middle Road
Allison Park, PA 15101
Email: teppy@egenesis.com
Applicant
Cal Chipchase
Jake Honigman
Cades Shutte LLP
1000 Bishop Street, Suite 1200
Honolulu, HI 96813
Email: cchipchase@cades.com
jhonigman@cades.com
Attorney for Applicant
25
2
James McMahon and Lichun Huang
P.O. Box 340
Pāpa’ikou, HI 96781
Email: jimlichun@gmail.com
Intervenor
Jeffrey W. Darrow
101 Pauahi Street, Suite 3
Hilo, HI 96720
Email: jeff.darrow@hawaiicounty.gov
Planning Director
Jean Campbell, Esq.
Corporation Counsel
County of Hawai‘i
101 Aupuni Street, Suite 325
Hilo, HI 96720
E-mail: jeank.campbell@hawaiicounty.gov
Attorney for Planning Director
Dated: Hilo, Hawaiʻi, October 23, 2025. /s/ Sherry P. Broder
SHERRY P. BRODER
Hearings Officer
Windward Planning Commission
County of Hawaiʻi
26
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28
29
30
County of Hawai‘i
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai‘i 96720
Phone (808) 961-8288 • Fax (808) 961-8742
www.planning.hawaiicounty.gov Hawai‘i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov
Louis Daniele III, Chair
Chantel Perrin, Vice Chair
Lauren Balog
Wayne De Luz
JoNelle Fukushima
C. Kimo Alameda, Ph.D.
Mayor
William V. Brilhante, Jr.
Managing Director
Teppy Mountain LLC, Applicant
c/o Andrew Tepper
4717 Middle Road
Allison Park, PA 15101
VIA EMAIL: teppy@egenesis.com
Cal Chipchase, Applicant’s Attorney
Jake Honigman
Cades Shutte LLP
1000 Bishop Street, Suite 1200
Honolulu, HI 96813
VIA EMAIL: cchipchase@cades.com
James McMahon and Lichun Huang, Intervenor
P.O. Box 340
Pāpa’ikou, HI 96781
VIA EMAIL: jimlichun@gmail.com
Jeffrey W. Darrow, Planning Director
101 Pauahi Street, Suite 3
Hilo, HI 96720
VIA EMAIL: jeff.darrow@hawaiicounty.gov
Jean Campbell, Esq., Deputy Corporation Counsel for Planning Department
101 Aupuni Street, Unit 325
Hilo, HI 96720
VIA EMAIL: jeank.campbell@hawaiicounty.gov
Dear Parties:
SUBJECT: Contested Case Hearing on the Matter before the Windward Planning
Commission Regarding Special Permit Application No. PL-SPP-2024-000075
Applicant: Teppy Mountain, LLC
Petitioner: James McMahon and Lichun Huang
Tax Map Key: (3) 2-7-007:001 (por.), Pāpaʻikou, South Hilo, Hawai‘i
,,
31
Teppy Mountain, LLC, Cal Chipchase Esq., Jake Honigman, James McMahon
And Lichun Huang, Jeffrey W. Darrow, Jean Campbell Esq.
Page 2
This is to inform you that the above-referenced contested case hearing is scheduled for a public
hearing by Hearing Officer Sherry Broder, Esq. as stated in the scheduling order dated October
22, 2025, will begin at 9:00 a.m. on Thursday, November 13, 2025, in the County of Hawai‘i
County Council Chambers, 25 Aupuni Street, Hilo, Hawai‘i. A copy of the public notice is
attached for your reference.
This meeting will be held in person and by interactive conference technology (ICT) via Zoom.
Please register in advance using the following link:
https://www.zoomgov.com/meeting/register/wAD0NCUnTgqCLFmIUqBDBQ
The Windward Planning Commission will notify surrounding property owners and lessees of
record within 500 feet of the property’s perimeter boundary of this hearing.
Should you have any questions, please contact Maija Jackson of this department at (808) 961-
8159 or by email at maija.jackson@hawaiicounty.gov
Sincerely,
Louis Daniele III, Chairman
Windward Planning Commission
CCHProceedingsTeppyMountainPL-SPP-2024-075notification
Attachment: Notice of Contested Case Proceedings November 13, 2025
cc via email: Sherry P. Broder, Esq.
,2552 !
,,
32
NOTICE OF CONTESTED CASE PROCEEDINGS
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
NOTICE IS HEREBY GIVEN of a contested case hearing for the following application to be
conducted by Hearing Officer Sherry Broder, Esq. for the Windward Planning Commission of
the County of Hawaiʻi in accordance with the provisions of Chapter 91-9, Hawaiʻi Revised
Statutes and the Planning Commission’s Rules of Practice and Procedure.
DATE: Thursday, November 13, 2025
TIME: 9:00 a.m.
PLACE: Hawai‘i County Council Chambers in Hilo
25 Aupuni Street, Hilo, Hawaiʻi
This meeting will be held in person and by interactive conference technology (ICT) via Zoom.
The public may testify at the physical location listed above or by joining Zoom. To provide
verbal testimony via Zoom, please use the link below to register prior to the meeting:
https://www.zoomgov.com/meeting/register/wAD0NCUnTgqCLFmIUqBDBQ
If internet connection is lost, the public meeting will be automatically recessed to restore
communication. If the connection is not restored within one hour, the meeting will be
rescheduled, and public notice will be provided for the rescheduled meeting.
CALL TO ORDER
STATEMENTS FROM THE PUBLIC – Note the hearing officer shall afford all interested
persons an opportunity to present testimony on the matter prior to the commencement of the
hearing and prior to proceedings on any subsequent day to which the proceeding is continued.
The Hearing Officer may reasonably limit testimony as to time, and may exclude any testimony
that is irrelevant, immaterial or unduly repetitive.
CONTESTED CASE PROCEEDING
APPLICANT: TEPPY MOUNTAIN, LLC (PL-SPP-2024-000075)
Contested case proceedings regarding the application for a Special Use Permit to allow the
operation of an annual festival event with overnight camping for up to 500 attendees and to
legitimize the storage of commercial vehicles on a 14.7-acre portion of a larger 1,419.17-acre
property in the State Land Use Agricultural District. The property is located at 27-476 Indian
Tree Road, approximately 0.7 miles west (mauka) of its intersection with Hawaiʻi Belt Road,
Alemai to Kawainui, Pāpa‘ikou, South Hilo, Hawaiʻi, TMK: (3) 2-7-007:001 (por.).
33
ADJOURNMENT
Submitting Written Testimony: Written testimony is requested to be submitted no later than
4:30 p.m. on Monday, November 10, 2025, by: (1) email to WPCtestimony@hawaiicounty.gov,
(2) mail to the Windward Planning Commission at 101 Pauahi Street, Suite 3, Hilo, Hawaiʻi or
(3) drop-off at the Planning Department offices in Hilo at the address above or Kona at 74-5044
Ane Keohokālole Highway, Building E, 2nd Floor, Kailua-Kona, Hawai‘i. If you are submitting
written testimony at the hearing, please provide ten (10) copies. Testimony that is irrelevant or
unduly repetitious may be limited by the Hearing Officer pursuant to Rule 4.
Anyone who requires an auxiliary aid or service, or other accommodation due to a
disability, please contact the Planning Department at (808) 961-8288 or
WPCtestimony@hawaiicounty.gov as soon as possible. If a request is received later than five
working days prior to the meeting date, we will try to obtain the auxiliary aid/service or other
accommodation, but we cannot guarantee that the request will be fulfilled
Hawai‘i County is an Equal Opportunity Provider and Employer
WINDWARD PLANNING COMMISSION
LOUIS DANIELE III, Chair
(Hawai‘i Tribune Herald: Friday, October 31, 2025)
(West Hawai‘i Today: Friday, October 31, 2025)
34
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
Telephone: 808-342-1411
E-mail: sherrybroder@sherrybroder.com
Hearings Officer for the Windward Planning Commission
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow,
Planning Director.
Special Permit Application PL-SPP-2024-000075
PL-CCH-2025-000025
AMENDED SCHEDULING ORDER;
HEARINGS OFFICER CERTIFICATE OF
SERVICE
Pre-Hearing Conference Held:
Date: October 17, 2025
Time: 8:10 a.m. Hawaii Standard Time (HST)
Contested Case Hearing
Date: November 13, 2025
Time: 9:00 a.m. HST
AMENDED SCHEDULING ORDER
PURSUANT to the Planning Commission (hereinafter “Commission”) Rule 4-7, a virtual
pre-hearing conference was held on October 17, 2025. Andrew Tepper for Teppy Mountain
LLC, Applicant; Calvert Chipchase and Jake Honigman, Attorneys for Applicant; James
McMahon and Lichun Huang, Intervenor; Jeffrey Darrow, Planning Director; Deputy
Corporation Counsel Jean Campbell, Attorney for Planning Department; Maija Jackson,
Planning Program Manager for Planning Commission; and Melissa Dacayanan-Salvador,
Windward Planning Commission Secretary, appeared via Zoom.
PURSUANT to Commission Rule 4-4, the hearings officer as presiding officer has the
authority to fix the time for the filing of briefs, and take all other actions authorized by law that
wp
2
are deemed necessary for the orderly and just conduct of a hearing. Pursuant to this rule, the
hearings officer enters this Scheduling Order:
1. The hearing on this matter will commence before the Hearings Officer on
Thursday, November 13, 2025. The hearing will be held at Hawai‘i County
Council Chambers, 25 Aupuni Street, Hilo, Hawaiʻi and by interactive conference
technology (ICT) via Zoom. The hearing will start at 9:00 a.m. HST and must end
by 8:30 p.m. HST.
2. The parties shall exchange witness lists, briefs, exhibits, additional evidence, and
supplemental memorandum and shall file the same with the Hearings Officer, no
later than November 6, 2025, by 4:30 p.m. HST The witness list shall identify
each witness that the party intends to call at the hearing, describe concisely the
substance of the testimony to be given, and an estimated time required for the
testimony of the witness on direct examination. The Hearings Officer has allowed
the Intervenor to disclose any witnesses no later than November 10, 2025 by 4:30
p.m. HST.
3. The parties shall file any objections or rebuttals to the record on all parties and the
Hearings Officer no later than November 11, 2025, by 4:30 p.m. HST.
The Commission record on the Special Permit application, minutes of the February 6,
2025 Commission meeting on the matter, and the Planning Commission Rules of Practice and
Procedure were provided to the parties by email after the pre-hearing conference on October 17,
2025.
The hearings officer, for good cause, reserves the right to amend this Scheduling Order.
Finally, if the November 13, 2025, hearing is continued in this matter, the deadlines set forth
herein shall be reset.
36
3
Dated: Hilo, Hawai‘i, October 31, 2025.
SHERRY P. BRODER, Hearings Officer
Windward Planning Commission
County of Hawaiʻi
37
BEFORE THE WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow,
Planning Director.
Special Permit Application PL-SPP-2024-000075
PL-CCH-2025-000025
HEARINGS OFFICER CERTIFICATE OF
SERVICE
HEARINGS OFFICER CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was
served upon the parties identified below by electronic mail service pursuant to Planning
Commission Rule 4-3 on November 3, 2025.
Delivered via electronic mail (e-mail):
Teppy Mountain LLC
c/o Andrew Tepper
4717 Middle Road
Allison Park, PA 15101
Email: teppy@egenesis.com
Applicant
Cal Chipchase
Jake Honigman
Cades Shutte LLP
1000 Bishop Street, Suite 1200
Honolulu, HI 96813
Email: cchipchase@cades.com
jhonigman@cades.com
Attorney for Applicant
38
2
James McMahon and Lichun Huang
P.O. Box 340
Pāpa’ikou, HI 96781
Email: jimlichun@gmail.com
Intervenor
Jeffrey W. Darrow
101 Pauahi Street, Suite 3
Hilo, HI 96720
Email: jeff.darrow@hawaiicounty.gov
Planning Director
Jean Campbell, Esq.
Corporation Counsel
County of Hawai‘i
101 Aupuni Street, Suite 325
Hilo, HI 96720
E-mail: jeank.campbell@hawaiicounty.gov
Attorney for Planning Director
Dated: Hilo, Hawaiʻi, November 3, 3025.
_________________________________
SHERRY P. BRODER
Hearings Officer
Windward Planning Commission
County of Hawaiʻi
39
RENEE N.C. SCHOEN 5936 Corporation Counsel
JEAN K. CAMPBELL 7424 Deputy Corporation Counsel Office of the Corporation Counsel County of Hawaiʻi
101 Aupuni Street, Suite 325
Hilo, Hawaiʻi 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-Mail: jeank.campbell@hawaiicounty.gov
Attorneys for COUNTY OF HAWAIʻI PLANNING DIRECTOR
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow,
Planning Director.
Special Permit Application PL-SPP-2024-000075
PL-CCH-2025-000025
JEFFREY W. DARROW, PLANNING DIRECTOR’S LEGAL MEMORANDUM; CERTIFICATE OF SERVICE
Pre-Hearing Conference Held: Date: October 17, 2025 Time: 8:10 a.m. Hawaii Standard Time (HST)
Contested Case Hearing Date: November 13, 2025 Time: 9:00 a.m. HST
JEFFREY W. DARROW, PLANNING DIRECTOR’S LEGAL MEMORANDUM
COMES NOW JEFFREY W. DARROW, PLANNING DIRECTOR, COUNTY OF
HAWAI‘I (“Director”), by and through his attorney, Jean K. Campbell, Deputy Corporation
Counsel, hereby submits this Legal Memorandum in the above-captioned matter. This Pleading
is submitted pursuant to the Hearings Officer’s Amended Scheduling Order dated October 31,
2025.
1.EXISTING BACKGROUND REPORT AND RECOMMENDATION
40
The Director has issued a Background Report, which describes the Applicant’s request
and provides the Applicant’s detailed project description and regulatory analysis, and a
Recommendation, which sets forth the Director’s basis for recommending approval of the
Special Permit. Both the Background Report and Recommendation have been provided in the
record of this Contested Case Hearing. As of the date of this Memorandum, the Director’s
position is as set forth in the Background Report and Recommendation.
2. RESERVATON OF CHANGE OF POSITION BASED ON LATER-ACQUIRED
INFORMATION
The Director reserves the right to modify or rescind his recommendation for approval of
the Applicant’s Special Permit based on later acquired information, including but not limited to
any information indicating that the event planned for November 6-9, 2025, at the Applicant’s
property takes place.
Dated: Hilo, Hawai‘i, November 5, 2025.
COUNTY OF HAWAIʻI PLANNING DIRECTOR By: /s/ Jean K. Campbell
JEAN K. CAMPBELL
Deputy Corporation Counsel Its Attorney
41
BEFORE THE WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow, Planning Director.
Special Permit Application PL-SPP-2024-000075 PL-CCH-2025-000025
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was
served upon the parties identified below by electronic mail service pursuant to Planning
Commission Rule 4-3 on November 5, 2025.
Delivered via electronic mail (e-mail):
Teppy Mountain LLC c/o Andrew Tepper 4717 Middle Road Allison Park, PA 15101 Email: teppy@egenesis.com
Applicant
Cal Chipchase Jake Honigman
Cades Shutte LLP
1000 Bishop Street, Suite 1200 Honolulu, HI 96813 Email: cchipchase@cades.com jhonigman@cades.com
Attorney for Applicant
42
James McMahon and Lichun Huang P.O. Box 340
Pāpa’ikou, HI 96781
Email: jimlichun@gmail.com Intervenor Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400 Honolulu, HI 96813 Email: sherrybroder@sherrybroder.com Hearings Officer
Dated: Hilo, Hawaiʻi, November 5, 2025. COUNTY OF HAWAIʻI
PLANNING DIRECTOR
By: /s/ Jean K. Campbell JEAN K. CAMPBELL Deputy Corporation Counsel
Its Attorney
43
RENEE N.C. SCHOEN 5936 Corporation Counsel
JEAN K. CAMPBELL 7424 Deputy Corporation Counsel Office of the Corporation Counsel County of Hawaiʻi
101 Aupuni Street, Suite 325
Hilo, Hawaiʻi 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-Mail: jeank.campbell@hawaiicounty.gov
Attorneys for COUNTY OF HAWAIʻI PLANNING DIRECTOR
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow,
Planning Director.
Special Permit Application PL-SPP-2024-000075
PL-CCH-2025-000025
JEFFREY W. DARROW, PLANNING DIRECTOR’S WITENSS LIST; CERTIFICATE OF SERVICE
Pre-Hearing Conference Held: Date: October 17, 2025 Time: 8:10 a.m. Hawaii Standard Time (HST)
Contested Case Hearing Date: November 13, 2025 Time: 9:00 a.m. HST
JEFFREY W. DARROW, PLANNING DIRECTOR’S WITNESS LIST
COMES NOW JEFFREY W. DARROW, PLANNING DIRECTOR, COUNTY OF
HAWAI‘I (“County”), by and through his attorney, Jean K. Campbell, Deputy Corporation
Counsel, hereby submits this Witness List in the above-captioned matter. This Pleading is
submitted pursuant to the Hearings Officer’s Amended Scheduling Order dated October 31,
2025.
1.WITNESSES
44
Planning Director names the following individuals as potential witnesses for the
hearing on this matter:
1. Jeffrey W. Darrow, Planning Director Testimony: Provide testimony on how the Planning Department interprets and
applies criteria for recommending approval of a Special Permit; provide
description of condition of the property at County site visit; describe how this application met applicable criteria. Time estimate: 15 minutes
2. RESERVATONS OF CALLING AND EXAMINIING ADDITIONAL WITNESSESS
The DIRECTOR reserves the right to examine all witnesses called by Appellant
or Landowners to testify at the hearing, and any witnesses identified in the Appellant’s
and Landowners’ witness lists, and reserves the right to call any rebuttal witnesses.
Dated: Hilo, Hawai‘i, November 5, 2025.
COUNTY OF HAWAIʻI PLANNING DIRECTOR
By: /s/ Jean K. Campbell
JEAN K. CAMPBELL Deputy Corporation Counsel Its Attorney
45
BEFORE THE WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow, Planning Director.
Special Permit Application PL-SPP-2024-000075 PL-CCH-2025-000025
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was
served upon the parties identified below by electronic mail service pursuant to Planning
Commission Rule 4-3 on November 5, 2025.
Delivered via electronic mail (e-mail):
Teppy Mountain LLC c/o Andrew Tepper 4717 Middle Road Allison Park, PA 15101 Email: teppy@egenesis.com
Applicant
Cal Chipchase Jake Honigman
Cades Shutte LLP
1000 Bishop Street, Suite 1200 Honolulu, HI 96813 Email: cchipchase@cades.com jhonigman@cades.com
Attorney for Applicant
46
James McMahon and Lichun Huang P.O. Box 340
Pāpa’ikou, HI 96781
Email: jimlichun@gmail.com Intervenor Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400 Honolulu, HI 96813 Email: sherrybroder@sherrybroder.com Hearings Officer
Dated: Hilo, Hawaiʻi, November 5, 2025. COUNTY OF HAWAIʻI
PLANNING DIRECTOR
By: /s/ Jean K. Campbell JEAN K. CAMPBELL Deputy Corporation Counsel
Its Attorney
47
CADES SCHUTTE
A Limited Liability Law Partnership
CALVERT G. CHIPCHASE 7757
JACOB M. HONIGMAN 12050
1000 Bishop Street, Suite 1200
Honolulu, HI 96813
Telephone: (808) 521-9200
Fax: (808) 521-9210
Email: cchipchase@cades.com
jhonigman@cades.com
Attorneys for Applicant
TEPPY MOUNTAIN LLC
BEFORE THE WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow,
Planning Director.
Special Permit Application PL-SPP-2024-
000075
PL-CCH-2025-000025
CONTESTED CASE HEARING
WITNESS LIST OF APPLICANT TEPPY
MOUNTAIN LLC; CERTIFICATE OF
SERVICE
Contested Case Hearing
Date: November 13, 2025
Time: 9:00 a.m. HST
48
2
CONTESTED CASE HEARING WITNESS LIST OF
APPLICANT TEPPY MOUNTAIN LLC
1. Andrew Tepper, Owner, Teppy Mountain LLC (Applicant)
Mr. Tepper (through his LLC) is the owner of the land and organizer of the
gathering at issue. He will testify about the gathering and vehicle storage for
which the permit is requested, including the gathering’s purpose and values,
and measures to limit any adverse environmental impacts they might have.
Estimated time on direct examination: 25 minutes
2. Roger Uchima, rancher who leases land from Applicant
Mr. Uchima is a local rancher who leases approximately 1,000 acres from
Applicant as pasture for his cattle. He seeks permission to store his vehicles
on a small area of the property. He will testify about his ranching and
trucking operation.
Estimated time on direct examination: 10 minutes
3. John Pipan, Planning Administrator, Land Planning Hawai‘i LLC
Mr. Pipan is the environmental consultant who prepared and submitted the
Special Permit Application at issue on the Applicant’s behalf. He will testify
about the gathering and vehicle storage for which the permit is requested,
including measures to limit their environmental impacts.
Estimated time on direct examination: 25 minutes
DATED: Honolulu, Hawai‘i, November 6, 2025.
CADES SCHUTTE
A Limited Liability Law Partnership
/s/ Jacob M. Honigman
CALVERT G. CHIPCHASE
JACOB M. HONIGMAN
Attorneys for Applicant
TEPPY MOUNTAIN LLC
49
BEFORE THE WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow,
Planning Director.
Special Permit Application PL-SPP-2024-
000075
PL-CCH-2025-000025
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
document was served upon the parties identified below by electronic mail service
pursuant to Planning Commission Rule 4-3 on November 6, 2025.
Delivered via electronic mail (e-mail):
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
E-mail: sherrybroder@sherrybroder.com
Hearings Officer
James McMahon and Lichun Huang
P.O. Box 340
Pāpa’ikou, HI 96781
Email: jimlichun@gmail.com
Intervenor
50
2
Jeffrey W. Darrow
101 Pauahi Street, Suite 3
Hilo, HI 96720
Email: jeff.darrow@hawaiicounty.gov
Planning Director
Jean Campbell, Esq.
Corporation Counsel
County of Hawai‘i
101 Aupuni Street, Suite 325
Hilo, HI 96720
E-mail: jeank.campbell@hawaiicounty.gov
Attorney for Planning Director
DATED: Honolulu, Hawai‘i, November 6, 2025.
CADES SCHUTTE
A Limited Liability Law Partnership
/s/ Jacob M. Honigman
CALVERT G. CHIPCHASE
JACOB M. HONIGMAN
Attorneys for Applicant
TEPPY MOUNTAIN LLC
51
CADES SCHUTTE
A Limited Liability Law Partnership
CALVERT G. CHIPCHASE 7757
JACOB M. HONIGMAN 12050
1000 Bishop Street, Suite 1200
Honolulu, HI 96813
Telephone: (808) 521-9200
Fax: (808) 521-9210
Email: cchipchase@cades.com
jhonigman@cades.com
Attorneys for Applicant
TEPPY MOUNTAIN LLC
BEFORE THE WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow,
Planning Director.
Special Permit Application PL-SPP-2024-
000075
PL-CCH-2025-000025
CONTESTED CASE HEARING
EXHIBIT LIST OF APPLICANT TEPPY
MOUNTAIN LLC; EXHIBITS “1”-“3”;
CERTIFICATE OF SERVICE
Contested Case Hearing
Date: November 13, 2025
Time: 9:00 a.m. HST
52
2
CONTESTED CASE HEARING EXHIBIT LIST OF
APPLICANT TEPPY MOUNTAIN LLC
Exhibit 1: County of Hawaiʻi Planning Department Recommendation, Teppy
Mountain LLC, Special Permit Application No. PL-SPP-2024-000075
Exhibit 2: County of Hawaiʻi Planning Department Background Report, Teppy
Mountain LLC, Special Permit Application No. PL-SPP-2024-000075
Exhibit 3: Special Permit Application No. PL-SPP-2024-000075
Exhibits are attached hereto.
DATED: Honolulu, Hawai‘i, November 6, 2025.
CADES SCHUTTE
A Limited Liability Law Partnership
/s/ Jacob M. Honigman
CALVERT G. CHIPCHASE
JACOB M. HONIGMAN
Attorneys for Applicant
TEPPY MOUNTAIN LLC
53
EXHIBIT 1
54
RTeppyMountainLLCSPP.crk.1.20.25 COUNTY OF HAWAIʻI PLANNING DEPARTMENT RECOMMENDATION
TEPPY MOUNTAIN LLC SPECIAL PERMIT APPLICATION NO. (PL-SPP-2024-000075)
Upon careful review of the request against the guidelines for granting a Special Permit, the
Planning Director recommends that the request for a Special Permit to allow an annual, 4-day
long festival event with overnight camping and to legitimize the use of a portion of the
property for a heavy equipment rental base yard on 14.7 acres of a larger 1,419-acre parcel
in the State Land Use Agricultural District be approved by the Planning Commission. Since
this recommendation is made without the benefit of public testimony, the Director reserves the
right to modify and/or alter this recommendation 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 an annual, 4-day long festival
event with overnight camping and to allow the storage of up to 6 commercial vehicles on
14.7 acres (hereinafter “permit area”) of a larger 1,419-acre parcel in the State Land Use
Agricultural District. The proposed project consists of the following components:
Event: The applicant proposes to operate an annual, 4-day-long festival event called
“Falls on Fire”, in the spirit of the burning man festival (only 1 event per year). Over
the last two years, the applicant has held the event in November but would like some
flexibility to hold it at other times, provided it occurs only once per year. The event
will be centered on principles of inclusion, gifting, self-reliance, self-expression,
communal effort, civic responsibility, and respect for the environment, emphasizing
the practice of “leave no trace”. The event will be offered on a donation basis and
attendees will be encouraged to bring all that they need, share with others and leave the
environment better than they found it. During the duration of the event, activities may
occur at any time of the day.
Commercial Vehicle storage: An approximately 0.46-acre area will be utilized
continuously to store up to six (6) vehicles, including dump trucks, tractor trailers,
and a backhoe. According to the applicant, while these vehicles are primarily used for
55
cattle ranching purposes, the vehicles are also used to transport gravel to local
businesses when not in agricultural use. Despite the representation of the storage of
up to 6 such vehicles, a site visit found 8 pieces of heavy equipment (2 new
excavators, 2 new bulldozers, a new tractor, a new SkyTrak forklift, an older tractor
trailer dump truck, equipment trailers, and an older farm tractor) along with vehicle
fueling infrastructure, and several unpermitted storage structures. Additionally,
according to testimony by neighbors, this heavy equipment is rented and delivered by
the ranching lessee to off-site users through his business, “Indian Tree Ranch and
Rental LLC”. Based on the preceding, the Planning Director considers the use to be a
heavy equipment rental base yard, rather than a commercial vehicle storage area.
Land Area: Approximately 14.24 acres of land, inclusive of access roads, would be
used for the annual 4-day festival event including designated camping areas and a
bonfire area. The remaining approximately 0.46-acres would be used for the heavy
equipment rental base yard and a check-in area for the event. Fencing and signage
throughout the property will ensure that attendees remain within the boundaries of the
Special Permit area. Additionally, it is noted that attendees will be welcome to enjoy
the waterfalls on the property during the event as an outdoor recreational use which is
permitted on agricultural land.
Attendees: The applicant proposes to host up to 500 attendees. Attendees will be
required to bring their own food, water, camping supplies and other gear as those
things will not be supplied by organizers.
Activities & Workshops: Activities and workshops offered during the event will be
dynamic and may change year-to-year as they will be initiated by the event
participants, not the organizers. Thus, the number of possible activities which may
occur during each event will depend on the number of participants. Examples of
possible events, activities and workshops include fire performances/dancing, light
installations (i.e. projection of light onto waterfalls or holograms), art installations
celebrating native Hawaiian culture, flora and fauna, live music and DJ sets, eco-
conscious workshops featuring topics such as permaculture, sustainable building and
ocean conservation, healing and wellness spaces (i.e. medication zones and yoga
56
areas), interactive community projects (i.e. collaborative art-making), environmental
activism meetups and a burning ceremony involving the burning of a symbolic effigy
to close out the event.
Camping: The applicant proposes to offer overnight camping in three designated
campsite areas. Attendees will be encouraged to share their own artistic contributions,
workshops, and performance ideas to create a vibrant and engaging sense of
community within the camp.
Bonfire Area: A designated bonfire area will consist of approximately 0.31 acres and
will serve as additional gathering space for attendees. This area will be the location of
a burning ceremony mentioned above.
Event Safety: The Police Department, Fire Department and Planning Department
will be notified prior to the annual event. Volunteers will be stationed at the access
gate to ensure that all attendees are registered. Additionally, depending on the number
of attendees anticipated, between 4 and 10 volunteer “rangers” will be on site. The
rangers are individuals trained to watch out for and de-escalate conflicts. The rangers
will call the appropriate authorities should a situation arise, which cannot be safely
resolved.
Fire Protection: According to the application, a 3,000-gallon water tank exists in the
base yard area and will be available for emergency fire protection. However, it should
be noted that during a site visit, staff observed that the tank had been disassembled,
therefore, the tank is not available. Additionally, fire extinguishers will also be
located within the bonfire area and each of the campsite areas. If required, the
applicant is willing to install a fire suppression water tank within the bonfire area.
Amplified Sound: Amplified sound will be permitted during the event. All amplified
sound will be directed in a westerly (mauka) direction, toward the bulk remainder of
the vacant 1,419-acre parcel, away from any neighboring dwellings.
Access and Parking: Access to the property is provided via Indian Tree Road, a
private roadway with pavement widths varying between 12 and 16 feet within 50-
foot-wide easements over which the applicant has legal easement. Internal access
through the property to the bonfire area and designated campsite areas will be
57
provided by an existing 10-foot-wide gravel driveway. This existing driveway
includes multiple pull-off points to accommodate two-way traffic and crosses a
stream. Parking for up to 200 vehicles is available in designated areas within the
campsite zones on existing grassy areas. The heavy equipment rental base yard area
on the property has been previously cleared and consists of gravel, providing a stable
and suitable surface for base yard and event check-in purposes.
Potable Water & Wastewater: The property is not served by the County water
system; thus, attendees will be required to bring their own potable water for the 4-day
event. The applicant proposes to provide portable toilets for the 4-day event.
The applicant states that he informed the County Planning, Police and Fire Departments
prior to hosting the event in 2023. Unfamiliar with the County and State regulations
requiring a Special Permit, the applicant regrets that he misunderstood County
requirements and held the 2023 event without obtaining a Special Permit. To comply with
all governmental regulations, the applicant is now requesting a Special Permit to hold one
festival event annually. Additionally, the applicant needs to secure a Special Permit to
remedy a notice of violation for illegally operating the event in 2023 and 2024.
Additionally, the applicant leases a portion of the property to a local rancher who
utilizes approximately 1,000 acres of the property as pasture for his cattle. This application
also requests approval of this special permit to legitimize storage for up to six (6)
commercial vehicles (now base yard) use.
The applicant is not proposing to construct any permanent structures, thus there is
no estimated timetable or cost. However, there could be costs associated with securing
building permits for unpermitted structures and building additional infrastructure which
may be required by Fire Code (e.g. Fire Department Access Road and additional fire
suppression water storage).
The criteria for approving a Special Permit are based on Rule 6-7 in the Planning
Commission Rules. It 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, and (b) the
58
proposed use would promote the effectiveness and objectives of Chapter 205, Hawai‘i
Revised Statutes, as amended.
The proposed use is an unusual and reasonable use of land situated within
the State Land Use Agricultural District and would promote the effectiveness and
objectives of the State Land Use Law and Regulations and Chapter 205, HRS, as
amended. 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
State Legislature has provided for the Special Permit process to allow certain unusual and
reasonable uses within the Agricultural district.
The subject request is unusual in that the proposed uses are not strictly
agricultural in nature and would allow the applicant to hold an annual, 4-day-long festival
event on their property and to continue to operate a heavy equipment rental base yard for
non-agricultural-related commercial uses in a designated area on the property. However,
the proposed uses are reasonable in that they would only use a small portion (1%) of the
larger land area with a small development footprint to host occasional special events to
diversify their income stream to help offset the costs of running a ranch. The remainder
of the land area will continue to be used for ranching. Therefore, it is reasonable that this
use be allowed in the Agricultural District.
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 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 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 health and welfare of
the people of the State of Hawaiʻi. In the case of the Agricultural District, the intent is to
preserve or keep lands of high agricultural potential in agricultural use.
The permit area includes a mix of soils designated as “C” or “Fair” and as “D” or
“Poor” and the stream areas are designated as “E” or “Very Poor” for agricultural
59
productivity. Additionally, lands within the permit area are designated “prime” agricultural
lands and “unclassified” along the stream areas by the State’s ALISH Map.
Given that the Special Permit request involves only a small portion of the property
(1% of the total land area), that the festival use is infrequent (occurring only once a year
for a four-day duration), and that the applicant is not proposing any permanent structures
or ground disturbance, the request is unlikely to impact the long-term agricultural potential
of the land.
Regarding overnight camping in the SLU Agricultural District, the State Land Use
Commission (LUC) cited Hawaiʻi Revised Statutes and the 2023 Hawaiʻi Supreme Court
decision in Hoʻomoana Foundation v. Land Use Commission, stating that overnight
camping in the SLU Agricultural District is entirely prohibited. They clarified that even a
Special Permit cannot allow such use; instead, a State Land Use District Boundary
Amendment (SLUBA) would be required.
Through the Hoʻomoana Foundation decision, the Court ruled that, “The specific
exclusion of overnight camps from permitted uses in HRS § 205-4.5(a)(6) means that the
public and private recreational use of overnight camps is not permitted, even by special
use permit, on class A and B agricultural district land.” Given that the subject property
and permit area are situated on soils designated as class C, D, and E by the Land Study
Bureau, the Planning Director disagrees with the LUC determination that a SLUBA is
necessary, and that a Special Permit is an appropriate path for approval of the requested
use on this specific property.
(B) The desired use shall not adversely affect the surrounding properties.
Most surrounding properties are similarly zoned A-20a, with a few parcels to the south
designated as A-10a. Surrounding land uses are primarily agricultural, including cattle
grazing and some residential use with the nearest dwelling approximately 3,500 feet to the
southeast of the proposed event area. Directly west (mauka) of the subject parcel is a large,
approximately 11,395-acre property owned by the applicant, primarily designated as
conservation land. It should be noted that the application included letters from some
neighbors in support of the Special Permit.
60
Conversely, the Planning Department has received testimony from some
neighbors along Indian Tree Road citing concerns over the existing and potential impacts
of the proposed uses on surrounding property owners including increased traffic related
to the annual event; safety concerns over the Indian Tree Road/Highway 19 intersection;
damage to Indian Tree Road by event guests and commercial trucks; noise, visual, and air
quality impacts during event periods, and security concerns.
To mitigate damage the Indian Tree Road, the applicant has proposed to repair
potholes and other damage related to increased traffic from the annual event. This will be
added as a condition of approval and expanded to require repair of the roadway related to
the more frequent the hauling of heavy equipment over the roadway by the applicant’s
lessee.
To mitigate potential intersection safety concerns, a condition of approval will
require the applicant to develop a traffic management plan and for review and approval of
the State Department of Transportation (DOT) District Engineer prior to each annual
event and will be responsible for implementing the plan as may be required by DOT.
To mitigate potential noise impacts, the applicant has indicated that all amplified
sound will be directed in a westerly (mauka) direction, toward the bulk remainder of the
vacant 1,419-acre parcel, away from any neighboring dwellings. The other concerns will
be addressed as discussed below.
The Police Department expressed concerns and objections to the proposed annual
festival event due to the lack of proper approval and permitting. They emphasized the
importance of being notified in advance, along with the Fire Department and neighboring
property owners, before the annual event. Specifically, they requested the following
information: 1) The anticipated number of participants; 2) The expected volume of
vehicular traffic, along with assurances that all parking will be managed on-site; 3) A
plan detailing how the applicant will handle event security; and 4) How the applicant
intends to notify neighbors of each event and how the applicant intends to address
neighbor complaints during the event period (e.g., noise complaints, etc.)
The applicant responded in writing indicating that they would not hold any
subsequent events until all necessary approvals and permits are obtained through the
61
Special Permit process. Prior to each annual event, the applicant will notify the Planning,
Police, and Fire Departments of the event dates, expected attendees, and vehicle numbers.
Security plans, including the use of 4-10 trained “rangers” to monitor and de-escalate
conflicts, will be reviewed with the Police Department, with authorities contacted if
needed. All parking will be on-site, and roadside parking will be prohibited. Neighbors and
landowners along Indian Tree Road will be informed via email before the event. The
applicant will address complaints during the event, taking immediate action on reasonable
concerns. Disruptive attendees will be removed and barred from future events. The
preceding will be added as a condition of approval.
To ensure that event attendees remain within the extent of the permit area, a
condition of approval will require the applicant to secure a metes and bounds survey of the
and install fencing around the approved permit area. Prior to and for the duration of each
event, the applicant shall provide signage indicating the extent of the permit area.
Finally, there are still outstanding notice of violations and fines related to
previously unpermitted festival events that the applicant has yet to address, thus a condition
of approval will require the applicant to rectify all outstanding violations prior to operating
the next annual festival event in 2025.
(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 property is provided via Indian Tree Road, a private roadway
with pavement widths varying between 12 and 16 feet within 50-foot-wide easements
that serve 7 properties between the highway and subject property, with the property
situated approximately 0.7 miles west (mauka) of Hawaiʻi Belt Road. The applicant has
legal easement over the roadway.
Internal access through the property to the bonfire area and designated campsite
areas will be provided by an existing 10-foot-wide gravel driveway. This existing
driveway includes multiple pull-off points to accommodate two-way traffic and crosses a
stream. A condition of approval will require the applicant to comply with Fire Code
requirements, which may include the necessity to widen and improve the Indian Tree
62
Road and the internal access driveway to Fire Department Access Road standards if
required by the Fire Department.
Parking for up to 200 vehicles is available in designated areas within the campsite
zones on existing grassy areas. While Plan Approval is usually required as a condition of
a Special Permit, it is not required. Given the annual, short-term nature of the proposed
festival event and the fact than no permanent structures or improvements related to the
festival use are proposed on the property, the Planning Director is not recommending
Plan Approval for the proposed use. However, a condition of approval will require the
applicant to meet the requirements of the State Department of Health Disability and
Communication Access Board (DCAB) to provide for disabled access and parking.
The heavy equipment rental base yard area on the property has been previously
cleared and consists of gravel, providing a stable and suitable surface for base yard and
event check-in purposes, thus Plan Approval is not recommended for that area either.
As there is no County sewer system in the area, the applicant proposes to provide
portable toilets for the annual, 4-day event. There is no wastewater created by the
commercial vehicle parking area.
The subject property is not currently served with County water. Event attendees
will be required to bring their own potable water for the 4-day event and there are currently
no fire suppression water storage facilities on the property. A condition of approval will
require the applicant to comply with Fire Code for appropriate fire suppression water
storage for both the annual event use and heavy equipment rental base yard.
The property is situated within an area designated as Flood Zone X on the Flood
Insurance Rate Map (FIRM) by FEMA, an area of minimal flood hazard located outside
the 500-year flood plain. Cellular telephone service is available to the property, however
there is no electrical service to the property, thus attendees may bring their own generators
or solar energy systems for the duration of the event. Police, fire, and medical services are
located approximately 6.5 miles away in Hilo.
During previously held events, different activity organizers offered prepared food
to participants (e.g., mushroom soup, grilled cheese sandwiches, pancakes, and juices),
prompting some concern that requirements of the Department of Health related to food
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safety were not being followed. In response, the applicant indicated that while attendees
are responsible for bringing their own provisions and camping supplies, many attendees
choose to bring extra food supplies to share with the other campers. In the spirit of inclusion
and gifting, any such food items are freely shared and are not for distribution at retail or
wholesale to the public. Thus, such sharing of food is not considered a food establishment
as defined and regulated by the Department of Health (DOH) under Chapter 11-50. As the
event will only be held annually, the applicant will pursue a special event food permit from
DOH, as needed, prior to the event. The preceding will be added as a condition of approval.
With respect to the proposed effigy burning bonfire and campfires for festival
attendees, open burning is generally prohibited in Hawaiʻi, as outlined in Hawaiʻi
Administrative Rules (HAR) 11-60.1, which define open burning as, “the burning of any
matter in such a manner that the products of combustion resulting from the burning are
emitted directly into the ambient air without passing through an adequate stack or flare.”
Exceptions to this prohibition are permitted only with approval from the State Department
of Health (DOH) Director. Under HAR Section 11-60.1-52(d)(1), fires for recreational,
decorative, or ceremonial purposes may be allowed if prior approval is secured from the
State DOH through a formal request process. A condition of approval will require the
applicant to secure permission from State DOH for both the proposed bonfires and
campfires and prohibit such open burning when there is an active “No Burn Period” for the
district where the subject property is situated.
A condition of approval will be included requiring the applicants to meet all
applicable County, State and Federal laws, rules, regulations, and requirements. Based on
the preceding, the requested use will not burden public agencies to provide additional
services.
(D) Unusual conditions, trends, and needs have arisen since district
boundaries and regulations were established. In the 1960’s and 1970’s, 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.
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Subsequently, the regulations and Land Use District Boundaries became effective in
August of 1964.
The property 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 uses/services that may not be available or allowed
by zoning for its residents.
Since the district boundaries were established, demand has increased for venues to
host special events in natural settings. Furthermore, farmers and ranchers have sought to
diversify income streams to support their agricultural operations. The proposed uses
would address the preceding by providing event guests an opportunity to enjoy an event
venue on a small portion of a working ranch while helping the rancher lessee diversify
their land uses and supplement their income.
(E) The land upon which the proposed use is sought is unsuited for the uses
permitted within the district.
The lands within the permit area are suitable for agricultural uses allowed in the
district and most of the property is actively being used for cattle ranching. However, since
most of the permit area will only be used for the proposed festival once a year for four
days, and the applicant will not construct any permanent structures or cause new land
disturbance related to the festival use, the proposed use will not adversely affect the long-
term agricultural potential of the land.
(F) The proposed use will not substantially alter or change the essential
character of the land and the present use. Except for the vehicle parking area, the permit
area is vacant of any structures and uses, and only minimally improved with an existing
10-foot-wide gravel driveway. The existing heavy equipment base yard will remain the
applicant is not proposing any permanent structures or land alteration related to the
proposed festival use.
While the character of the land will temporarily change during the 4-day annual
event; the festival area is centrally located on the property, far from neighboring properties.
As a result, any changes to the character of the land will not be obvious from outside the
property and will remain short-term in nature.
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(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 permit area is designated as Important Agricultural Lands, which are lands with
better potential for sustained for sustained high agricultural yields because of soil type,
climate, topography, or other factors. Use of the 14.24-acre land area for festival use once
a year for four days will have minimal impact on the agricultural potential of the permit
area. The 0.46-acre land area for the heavy equipment rental base yard is utilized by the
rancher who leases 1,000 acres of the property for their cattle ranching operation. As such,
some of the heavy equipment is used on-site for agricultural purposes and some of the
equipment is rented and hauled off-site for commercial jobs. The legitimization of the use
is necessary under the requested Special Permit.
The approval of the subject request would support the following goals and policies
of the General Plan:
Economic Element
Encourage the development of a visitor industry that is in harmony with the social,
physical, and economic goals of the residents of the County.
Provide residents with opportunities to improve their quality of life through economic
development that enhances the County’s natural and social environments.
Recreation Element
Provide a wide variety of recreational opportunities for the residents and visitors of
the County.
Provide a diversity of environments for active and passive pursuits.
Land Use-Agricultural Element
Preserve the agricultural character of the land.
Encourage other compatible economic uses that complement existing agricultural and pastoral activities.
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The Hāmākua Community Development Plan (HCDP) was adopted by Ordinance
No. 18 78, with an effective date of August 22, 2018. The proposed use is consistent with
the following objectives of the HCDP:
Enhance and promote local and sustainable agriculture, farming, ranching, renewable energy, and related economic support systems.
Promote appropriate rural tourism that welcomes guests for an alternative visitor experience. Promote Hawaiʻi’s host culture and Hāmākua’s heritage, including historic roads and plantation towns, and festivals that celebrate our rich multi-
cultural music, art and agriculture.
The request is not contrary to Chapter 205A, Hawai‘i Revised Statues,
relating to Coastal Zone Management. The property is located over one mile away
from the nearest shoreline and will not be impacted by coastal hazards or affect beach
erosion, coastal ecosystems, and marine resources. Additionally, it is not located in the
Special Management Area and there is no record of a designated public access to the
shoreline or mountain areas that traverses the property. Based on the preceding, the
proposed use is not contrary to the objectives of Chapter 205A, Hawai‘i Revised Statutes
relating to Coastal Zone Management.
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the Hawaiʻi State Supreme Court’s “PASH” and
“Ka Paʻakai O KaʻAina” decisions, the issue relative to native Hawaiian gathering and
fishing rights must be addressed in terms of the cultural, historical, and natural resources
and the associated traditional and customary practices of the site.
Investigation of valued resources: No formal archaeological reconnaissance survey,
oral history of kamaʻāina accounts of the area, historical survey of documentary records,
or botanical study was included in the application.
The valued cultural, historical, and natural resources found in the special permit
area: According to the applicant, no archeological or historical features are known to exist
within the permit area as it has been previously cleared and heavily utilized for sugar cane
cultivation and cattle grazing. Furthermore, the applicant is unaware of any traditional or
customary Hawaiian practices associated with the property. No professional surveys were
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conducted of the flora/fauna resources on the property and there are no known endangered
or listed plant species on the property.
Possible adverse effect or impairment of valued resources: As there are no known
valuable archaeological, historical, or cultural resources within the permit area and the
applicant is not proposing any additional development or ground disturbance, the proposed
use is unlikely to adversely affect or impair valued resources.
Feasible actions to protect native Hawaiian rights: To the extent to which traditional
and customary native Hawaiian rights are exercised, the proposed use will not affect
traditional Hawaiian rights; therefore, no action is necessary to protect these rights.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements in
connection with the proposed use prior to their commencement or establishment upon the
subject property. Additional governmental requirements may include the issuance of
building permits, 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 preceding considerations, the request for a Special Permit to
allow an annual, 4-day long festival event with overnight camping and to allow the
operation of a heavy equipment rental base yard on 14.7 acres of a larger 1,419-acre
parcel in the State Land Use Agricultural District 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:
1. The applicant, its successor or assigns, (“Applicant”) shall be responsible for
complying with all the stated conditions of approval.
2. The operation of the proposed uses shall be conducted in a manner that is
substantially representative of plans and details contained within the Special
Permit Application, any subsequent material received by the Planning
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Department, and any representations made to the Windward Planning
Commission. Any expansion or uses beyond what is represented shall require an
amendment to this permit.
3. Festival events shall be limited to one per calendar year no longer than four days
in duration and shall not exceed a maximum of 500 guests per event.
4. As represented by the Applicant, the heavy equipment rental base yard shall
include the storage of no more than six (6) pieces of heavy equipment that is
rented for commercial uses off-site. This limitation does not apply to agricultural
vehicles to be used exclusively on-site.
5. All festival-related parking shall occur within the permit area and shall be
prohibited on or along any public or private roadway. The Applicant shall provide
access and parking for disabled participants meeting with the requirements of the
Americans with Disabilities Act (ADA) and State Department of Health
Disability and Communication Access Board (DCAB).
6. To mitigate traffic impacts to the Indian Tree Road/State Highway 19 intersection
related to the annual event, the Applicant shall develop a Traffic Management
Plan that shall be submitted to and approved by the State Department of
Transportation District Engineer prior to each event. A copy of the approved plan
shall be provided to the Planning Department prior to each event. Implementation
of the approved plan shall be the responsibility of the Applicant.
7. Prior to each annual festival event, the Applicant shall conduct and document a
pre-use roadway condition assessment, including photo/video documentation of
roadway conditions. Within a month after each annual festival event, the
Applicant shall repair any damages to Indian Tree Road caused by festival traffic,
which may include up to 200 vehicles. The Applicant shall also repair any
damages related to the heavy equipment rental/hauling operation at least once per
year. Repairs must restore the roadway(s) to the same or better condition as
documented in the pre-use assessment. The Applicant shall allocate up to $5,000
annually for roadway repairs to fulfill these requirements. The Applicant shall
provide the Planning Director an annual report documenting the repairs made.
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8. No later than one month prior to each annual festival event, the applicant shall
notify the Planning Department, Police Department, and Fire Department of the
event dates, number of expected attendees, and anticipated vehicle numbers.
Furthermore, the applicant will provide and review fire safety plans with the Fire
Department and event security plans with the Police Department. The Applicant
shall provide the Planning Department documentation that these
notifications/consultations have occurred.
9. No later than one month prior to each annual festival event, the Applicant shall
notify neighbors along Indian Tree Road before the event providing event dates,
number of expected attendees, anticipated vehicle numbers and contact information
to communicate nuisance complaints. The applicant will address complaints during
the event, taking immediate action on reasonable concerns.
10. Prior to each annual festival event, the Applicant shall secure written approval from
the Director of the State Department of Health (DOH) through the Clean Air Branch
for any open burning as defined by the DOH during the festival event, including
but not limited to fires for recreational, decorative, or ceremonial purposes.
Documentation of the approval shall be provided to the Planning Department no
later than one month prior to each annual festival event. Open burning shall be
prohibited if there is an active ‘No Burn Period’ as designated by the DOH for the
district within which the subject property is situated.
11. All amplified sound shall be directed in the western (mauka) direction toward the
vacant portion of the property and away from any surrounding residences.
12. Prior to the next annual festival event in 2025, the applicant shall provide the
Planning Department with a metes and bounds survey of the approved permit
area, completed by a surveyor licensed by the State of Hawaiʻi. Use of the
property beyond the permit area for uses approved under this permit shall be
prohibited. Furthermore, prior to the next festival event in 2025, the applicant
shall install fencing around the approved permit area and provide signage
indicating the extent of the permit area for the duration of each event.
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13. Within 180 days of the approval of this Special Permit, the Applicant shall either
remove or secure building permits from the Department of Public Works-Building
Division for all unpermitted structures in the heavy equipment rental base yard
area. The Applicant shall finalize building permits within one (1) year thereafter.
14. The Applicant shall comply with Fire Code as required by the Fire Department
for both the annual festival event and heavy equipment rental base yard, which
may include improvements of roadways to Fire Department Access Road
standards and installation of sufficient water storage for fire suppression. Upon
successful completion of the improvements, if any, and prior to the next annual
event in 2025, the Applicant shall provide the Planning Department
documentation from the Fire Department that the improvements meet Fire Code
standards.
15. The Applicant shall provide a sufficient number of portable toilets for each annual
4-day festival, ensuring compliance with ADA accessibility requirements. The
toilets must be monitored and maintained in a clean, functional, and sanitary
condition throughout the event, with regular servicing and emptying as necessary
to prevent unsanitary conditions. A licensed company must be contracted for the
provision, maintenance, and removal of the toilets. All portable toilets must be
removed from the event site within 48 hours after the festival concludes, ensuring
no waste or equipment remains.
16. Prior to the next annual festival event in 2025, the applicant shall remedy all
outstanding violation actions issued by the Planning Department, including
completing corrective actions and paying all associated fines, fees, and penalties.
17. To ensure food safety during the event, the Applicant shall comply with all
applicable requirements of the State Department of Health regarding prepared
foods provided to event participants.
18. The Applicant shall comply with all applicable County, State, and Federal laws,
rules, regulations, and requirements.
19. If the Applicant fails to comply with the conditions of approval or cause
complaints relating to any interference or nuisance and are unable to resolve them
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with the surrounding community, the Planning Director shall investigate and, if
necessary, suspend the permit. The Planning Director shall then refer the matter to
the Planning Commission to revoke the permit. Upon appropriate findings by the
Planning Commission, if the Applicant fails to comply with the conditions of
approval or has caused any unreasonable interference or nuisance on the
surrounding community, the permit may be revoked.
20. An initial extension of time for the performance of conditions may be granted by
the Planning Director upon the following circumstances:
A. 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.
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.
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EXHIBIT 2
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BTeppyMountainLLCSPP.crk.1.20.25 COUNTY OF HAWAIʻI PLANNING DEPARTMENT BACKGROUND REPORT
TEPPY MOUNTAIN LLC SPECIAL PERMIT APPLICATION NO. (PL-SPP-2024-000075)
TEPPY MOUNTAIN LLC submitted an application for a Special Permit to allow an annual,
multi-day festival event with overnight camping for up to 500 attendees and to legitimize the
storage of commercial vehicles on a 14.7-acre portion of a larger 1,419-acre property in the State
Land Use Agricultural District. The subject property is located at 27-476 Indian Tree Road,
approximately 0.7 miles west (mauka) of its intersection with Hawaiʻi Belt Road, Alemai to
Kawainui, Pāpaʻikou, South Hilo, Hawaiʻi, TMK: (3) 2-7-007:001 (por.).
APPLICANT’S REQUEST
1. Request: Teppy Mountain LLC is requesting a Special Permit to allow an annual, 4-day
long festival event with overnight camping and to allow the storage of up to 6
commercial vehicles on 14.7 acres (hereinafter “permit area”) of a larger 1,419-acre
parcel in the State Land Use Agricultural District. The proposed project consists of the
following components:
Event: The applicant proposes to operate an annual, 4-day-long festival event called
“Falls on Fire”, in the spirit of the burning man festival (only 1 event per year). Over
the last two years, the applicant has held the event in November but would like some
flexibility to hold it at other times, provided it occurs only once per year. The event
will be centered on principles of inclusion, gifting, self-reliance, self-expression,
communal effort, civic responsibility, and respect for the environment, emphasizing
the practice of “leave no trace”. The event will be offered on a donation basis and
attendees will be encouraged to bring all that they need, share with others and leave
the environment better than they found it. During the duration of the event, activities
may occur at any time of the day.
Commercial Vehicle storage: An approximately 0.46-acre area will be utilized
continuously to store up to six (6) vehicles, including dump trucks, tractor trailers,
excavators, bulldozers, and a backhoe. According to the applicant, while these
vehicles are primarily used for cattle ranching purposes, the vehicles are also used to
transport gravel to local businesses when not in agricultural use. Despite the
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representation of the storage of up to 6 such vehicles, a site visit found 8 pieces of
heavy equipment (2 new excavators, 2 new bulldozers, a new tractor, a new SkyTrak
forklift, an older tractor trailer dump truck, equipment trailers, and an older farm
tractor).
Land Area: Approximately 14.24 acres of land, inclusive of access roads, would be
used for the annual 4-day festival event including designated camping areas and a
bonfire area. The remaining approximately 0.46-acres would be used for commercial
vehicle storage and a check-in area for the event. Fencing and signage throughout the
property will ensure that attendees remain within the boundaries of the Special Permit
area. Additionally, it is noted that attendees will be welcome to enjoy the waterfalls
on the property during the event as an outdoor recreational use which is permitted on
agricultural land.
Attendees: The applicant proposes to host up to 500 attendees. Attendees will be
required to bring their own food, water, camping supplies and other gear as those
things will not be supplied by organizers.
Activities & Workshops: Activities and workshops offered during the event will be
dynamic and may change year-to-year as they will be initiated by the event
participants, not the organizers. Thus, the number of possible activities which may
occur during each event will depend on the number of participants. Examples of
possible events, activities and workshops include fire performances/dancing, light
installations (i.e. projection of light onto waterfalls or holograms), art installations
celebrating native Hawaiian culture, flora and fauna, live music and DJ sets, eco-
conscious workshops featuring topics such as permaculture, sustainable building and
ocean conservation, healing and wellness spaces (i.e. medication zones and yoga
areas), interactive community projects (i.e. collaborative art-making), environmental
activism meetups and a burning ceremony involving the burning of a symbolic effigy
to close out the event.
Camping: The applicant proposes to offer overnight camping in three designated
campsite areas. Attendees will be encouraged to share their own artistic contributions,
workshops, and performance ideas to create a vibrant and engaging sense of
community within the camp.
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Bonfire Area: A designated bonfire area will consist of approximately 0.31 acres and
will serve as additional gathering space for attendees. This area will be the location of
a burning ceremony mentioned above.
Event Safety: The Police Department, Fire Department and Planning Department
will be notified prior to the annual event. Volunteers will be stationed at the access
gate to ensure that all attendees are registered. Additionally, depending on the number
of attendees anticipated, between 4 and 10 volunteer “rangers” will be on site. The
rangers are individuals trained to watch out for and de-escalate conflicts. The rangers
will call the appropriate authorities should a situation arise, which cannot be safely
resolved.
Fire Protection: According to the application, a 3,000-gallon water tank exists in the
proposed commercial vehicle storage area and will be available for emergency fire
protection. However, it should be noted that during a site visit, staff observed that the
tank had been disassembled, therefore, the tank is not available. Additionally, fire
extinguishers will also be located within the bonfire area and each of the campsite
areas. If required, the applicant is willing to install an additional water tank within the
bonfire area.
Amplified Sound: Amplified sound will be permitted during the event. All amplified
sound will be directed in a westerly (mauka) direction, toward the bulk remainder of
the vacant 1,419-acre parcel, away from any neighboring dwellings.
Access/Parking/Water/Wastewater: See discussion in pertinent sections below.
2. Reasons for Request: According to the applicant, he informed the County Planning,
Police and Fire Departments prior to hosting the event in 2023. Unfamiliar with the
County and State regulations requiring a Special Permit, the applicant regrets that he
misunderstood County requirements and held the 2023 event without obtaining a Special
Permit. To comply with all governmental regulations, the applicant is now requesting a
Special Permit to hold one festival event annually. Additionally, the applicant leases a
portion of the property to a local rancher who utilizes approximately 1,000 acres of the
property as pasture for his cattle. This application also requests approval of this special
permit to legitimize storage for up to six (6) commercial vehicles. These vehicles are
used for on-site cattle ranching purposes, but while not in agricultural use the vehicles are
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also used to deliver gravel to local businesses and thus storage of the vehicles on the
property requires a Special Permit.
3. Construction Timetable/Estimated Cost: The applicant is not proposing to construct
any permanent structures, thus there is no estimated timetable or cost.
4. Landowner: Teppy Mountain LLC.
5. Supportive Information: The applicants have submitted the attached in support of the
request: (Planning Department Exhibit 1 – Special Permit Application received on
October 10, 2024).
BACKGROUND INFORMATION
6. Zoning Code Violation 2021-0105E: The Planning Department sent a Warning Letter to
the applicant in response to a complaint about an unpermitted commercial rental
business/base yard within the agricultural zoned district which included heavy
equipment related to ranching operations and a material hauling business (Planning
Department Exhibit 2 – Warning Letter dated September 8, 2022). The Planning
Department sent a closure letter after inspectors found that three dump trucks were
removed from the property (Planning Department Exhibit 3 – Closure Letter dated
November 1, 2022)
7. Zoning Code Violation PL-PCV-2023-00567: The Planning Department sent a Notice
of Violation and Order (NOVO) letter to the applicant in response to several complaints
regarding an unpermitted event entitled “Falls on Fire” which took place on the subject
property between November 17-19, 2023. Additionally, the applicant’s website
advertised a similar event for November 8-11, 2024 at the same location. The NOVO
ordered the applicant to pay a $5,500 fine and remove all advertisement for the 2024
event from their website (Planning Department Exhibit 4 – Notice of Violation and
Order Letter dated June 25, 2024). The applicant appealed the Notice of Violation
from June, 2024 but on January 10, 2025 the County Board of Appeals rejected the
appeal as it was not filed in a timely manner.
8. First Daily Fines Letter: In September, 2024, the Planning Department subsequently
sent a Daily Fines letter as the applicant had yet to comply with requirements of the
NOVO (namely paying the initial fine and ceasing all advertisement for a 2024 event).
As a result, the daily fines accrued to an amount of $13,200, and the Department
reiterated the requirement to remove advertisement for the 2024 “Falls on Fire” event
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(Planning Department Exhibit 5 – Daily Fines Letter dated September 25, 2024).
9. Second Daily Fines Letter: In November 2024, the Planning Department sent a second
Daily Fines letter as the applicant was still advertising an event on November 8-11, 2024
on their website. This letter required payment of an increased daily fines amount of
$21,400 and prohibited the applicant from holding the November 2024 event (Planning
Department Exhibit 6 – Second Daily Fines Letter and Warning Letter for New
Event dated November 4, 2024).
10. Revised Notice of Violation and Repeated Violation Letter: Despite written and verbal
direction not to hold the November 2024 event, the applicant did, which prompted the
Planning Department to issue a Notice of Violation and Order, Revised Repeated
Violation letter in response to complaints over the “Falls on Fire” event held between
November 8-11, 2024. Based on the applicant’s disregard to repeated written and verbal
instructions not to hold the event, the Department increased fines to a total of $34,000
and required that the applicant provide a Letter of Understanding stating that the
applicant would not conduct or advertise any further unpermitted events until a Special
Permit was secured (Planning Department Exhibit 7 – Notice of Violation and Order,
Revised Repeated Violation Letter dated December 16, 2024). At the date of this
writing, the fines remain unpaid and the Department has yet to receive the Letter of
Understanding as required. On January 14, 2025, the applicant appealed the directors
revised notice of violation, citing their belief that the “Falls on Fire” event is camping on
private property and thus is permitted under County Zoning Code. The appeal is
scheduled to be heard by the County Board of Appeals in May 2025. (Planning
Department Exhibit 8 – Petition for Appeal - PL-BOA-2025-000116)
STATE & COUNTY PLANS
11. State Land Use District: Agricultural.
12. County Zoning: Agricultural 20-Acre (A-20a).
13. General Plan LUPAG Map Designation: The permit area is primarily designated as
Important Agricultural Lands, which are lands with better potential for sustained high
agricultural yields because of soil type, climate, topography, or other factors.
14. Hāmākua Community Development Plan (HCDP): The HCDP was adopted by
Ordinance No. 18 78, with an effective date of August 22, 2018.
15. Special Management Area (SMA): The permit area is not located within the County's
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Special Management Area (SMA) and is situated over one mile from the nearest
coastline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
16. Subject Property and Permit Area: The subject property consists of 1,1419 acres of
land and is located at the top of Indian Tree Road, approximately 0.7 miles west (mauka)
of Hawaiʻi Belt Road in Pāpaʻikou. A series of streams run throughout the property and
vegetation thereon consist primarily of non-native shrubs and grasses, although the
proposed permit area has been previously cleared. Approximately 1,000 acres of the
parcel is leased to a rancher and utilized as pasture for grazing cattle and an
approximately 0.46-acre area of the property contains a permitted agricultural storage
structure, vehicle fuel tanks, and a parking area where several pieces of heavy equipment
are stored. While the applicant represented this was for storage of up to 6 such vehicles, a
site visit found 8 pieces of heavy equipment and several unpermitted structures (including
9 shipping containers, a portable office structure, a shed roof carport, and a temporary
canopy structure housing most of the heavy equipment. The remainder of the property is
vacant of other structures and uses.
17. Surrounding Zoning/Land Uses: Most surrounding properties are similarly zoned A-
20a, with a few parcels to the south designated as A-10a. Surrounding land uses are
primarily agricultural, including cattle grazing and some residential use with the nearest
dwelling approximatelthe,500 feet to the southeast of the proposed event area. Directly
west (mauka) of the subject parcel is a large, approximately 11,395-acre property owned
by the applicant, primarily designated as conservation land.
18. USDA Soil Survey Report: Soils in the permit area are classified as Hilo Hydrous Silty
Clay Loam: Characterized by 10 to 20 percent slopes. This soil type is well-drained and
formed from ash fields over lava flows. It is classified as having a medium runoff class.
19. Land Study Bureau Soil Rating: The subject property and permit area include a mix of
soils designated as “C” or fair and as “D” or “Poor” and the stream areas designated as
“E” or “Very Poor” for agricultural productivity.
20. Agricultural Lands of Significance to the State of Hawaiʻi (ALISH): The permit area
is classified as primarily prime agricultural land, with portions of the property along the
streams as “unclassified.”
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21. Flood Zone: The permit area is situated within Zone “X”, determined by FEMA to be an
area of minimal flood hazard.
22. Floral/Fauna Resources: No professional survey was conducted of the floral and faunal
resources of the site. The property’s observed flora primarily consists of non-native
shrubs and grasses, reflecting its historical use for sugar cane cultivation and cattle
grazing. No endangered plant species are known to inhabit the area. The fauna includes
common non-native bird species such as doves, Japanese white-eyes, house finches, and
common mynas, alongside domestic and feral animals like cats, dogs, and pigs. Native
species, such as the Hawaiian hawk, Hawaiian owl, and Hawaiian hoary bat, may
occasionally traverse/utilize the site due to its rural nature.
23. Archaeological/Historical/Cultural Resources: According to the applicant, no formal
archaeological studies have been conducted for the site, as the property and permit area
have a long history of agricultural use, primarily for sugar cane cultivation and cattle
grazing, which has likely diminished the presence of archaeological, cultural, and historic
resources. Furthermore, the applicant is unaware of any traditional or customary
Hawaiian practices associated with the property.
24. Public Access: There is no known public access to the mountains or the shoreline that
runs through the permit area.
Public Facilities, Utilities and Services
25. Access and Parking: Access to the property is provided via Indian Tree Road, a private
roadway with pavement widths varying between 12 and 16 feet within 50-foot-wide
easements, with the property situated approximately 0.7 miles west (mauka) of Hawaiʻi
Belt Road. The applicant has legal easement over the roadway (please note, the
application initially included the incorrect grant of easement document, but the applicant
subsequently provided the correct documentation of legal access). Internal access through
the property to the bonfire area and designated campsite areas will be provided by an
existing 10-foot-wide gravel driveway. This existing driveway includes multiple pull-off
points to accommodate two-way traffic and crosses a stream. The applicant plans to
comply with Fire Code requirements for Fire Department Access Roads. Parking for up
to 200 vehicles is available in designated areas within the campsite zones on existing
grassy areas. The commercial vehicle parking area on the property has been previously
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cleared and consists of gravel, providing a stable and suitable surface for vehicle storage
and event check-in purposes.
26. Traffic Impacts: The applicant anticipates the four-day, annual event to attract 200
vehicles based on an estimated attendance of 500 people, with most attendees carpooling.
Traffic will be staggered, with arrivals spread over Friday and Saturday and departures on
Sunday and Monday, avoiding peak morning traffic times. While the applicant indicated
that the proposed commercial vehicle storage area is not expected to generate significant
additional traffic as these vehicles are primarily used on-site, testimony from neighbors
indicate that the property is used more as a base yard for heavy equipment rental and that
there is frequent hauling of heavy equipment causing damage to the roadway.
27. Water: The subject property is not currently served with County water. Attendees will be
required to bring their own potable water for the 4-day event. As mentioned above, while
the application indicated the presence of an existing, 3,000-gallon rainwater catchment
tank adjacent to the proposed truck parking area, a site visit revealed that the catchment
tank was disassembled and is no longer available for non-potable and fire suppression
needs. The applicant is willing to install a rainwater catchment tank for fire suppression.
in the bonfire area if required by the Fire Department.
28. Wastewater: The property is not currently serviced by the County sewer system. The
applicant proposes to provide portable toilets for the 4-day event.
29. Other Essential Utilities and Services: There is no electrical service to the property,
thus attendees may bring their own generators or solar energy systems for the event.
Police, fire, and medical services are located approximately 6.5 miles away in Hilo.
AGENCY COMMENTS 30. Department of Public Works, Engineering Division: (Planning Department Exhibit
9 – November 29, 2024 Memo)
31. Police Department: (Planning Department Exhibit 10 – November 7, 2024 Memo)
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32. State Department of Health (Planning Department Exhibit 11 – November 15, 2024
Memo)
33. State Land Use Commission (Planning Department Exhibit 12 – November 12, 2024
Letter)
34. State Office of Planning and Sustainable Development (Planning Department
Exhibit 13 – November 26, 2024 Letter)
AGENCIES – NO RESPONSE
35. Department of Environmental Management, State Department of Agriculture, State
Department of Land and Natural Resources, & State Department of Transportation.
APPLICANT’S RESPONSE TO AGENCY COMMENTS
36. Letter from Applicant’s Representative Responding to Agency Comments (Planning
Department Exhibit 14 – January 9, 2025 Letter)
PUBLIC COMMENTS
37. Testimony from Jim McMahon: (Planning Department Exhibit 15 – January 13,
2025 Email)
38. Testimony from Maia Munoz Luz: (Planning Department Exhibit 16 – January 14,
2025 Email)
39. Testimony from Fransisco Roberto Goncalves Luz Filho: (Planning Department
Exhibit 17 – January 14, 2025 Email)
40. Testimony from Lichun Huang: (Planning Department Exhibit 18 – January 18,
2025 Email)
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EXHIBIT 3
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194 Wiwoole St. Hilo, HI 96720
(808) 333-3393
info@landplanninghawaii.com October 10, 2024
Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow: Subject: Attn: Christian Kay Special Permit Application Resubumittal (PL-SPP-2024-000075) Applicant: Teppy Mountain LLC Agent: Land Planning Hawaii LLC Pāpaʻikou, South Hilo, Hawaii TMK: (3) 2-7-007:001 (por)____________ Transmitted here within for your review and processing is the resubmittal of an application
requesting a Special Permit to host an annual four (4) – day event with overnight camping and to store up to six work vehicles on the property. The property is located at the top of Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road in Pāpaʻikou, South Hilo, Hawai‘i.
This resubmittal includes a revised background and environmental report addressing additional information requested from your office. Additional information provided in the revised report includes more details on the types of activities which are anticipated to take place during the annual event, mitigations with regard to sound impacts, potential traffic impacts and additional information on fire and security mitigations and relevant
correspondence. The revised report also reiterates that the event is proposed to take place only once per year and be located in a relatively remote area so as to not disrupt surrounding property owners. We trust that everything is in order for your acceptance and processing of this application.
If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely,
John Pipan Planning Administrator
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SPECIAL PERMIT APPLICATION
COUNTY OF HAWAIʻI PLANNING COMMISSION (Type or legibly print the requested information)
APPLICANT(S): APPLICANT’S SIGNATURE: DATE:
ADDRESS:
LIST APPLICANT’S INTEREST (if not owner): PHONE: (Bus.) (Res.) (Email)
REQUEST:
TAX MAP KEY: ZONING:
SIZE OF PROPERTY / AREA OF REQUESTED USE:
LANDOWNER(S):
FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION
(may be provided by letter with the below statement included):
DATE:
DATE: Note: The above written authorization of the landowner(s) gives permission for the applicant/petitioner to file the application/ petition and acknowledges that the landowner(s) and their successors are bound by the Special Permit and its conditions. AGENT: AGENT ADDRESS:
PHONE: (Bus.) (Res.) (Email)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: COPIES:
Zoho Sign Document ID: 2A6681DB-FG2SJD7TETYX3R2_ZCYJIPAYB6US2VAS_MW4HQCU_SW
Teppy Mountain LLC
4717 Middle Rd, Allison Park, PA 15101
412-973-7914 teppy@egenesis.com
To hold an annual multi-day event with overnight camping and to store commercial vehicles
(3) 2-7-007:001 A-20a
1419.17 acres 14.9 acres
Teppy Mountain LLC
Land Planning Hawaii LLC
194 Wiwoole St, Hilo, HI 96720
808-333-3393 info@landplanninghawaii.com
Agent Applicant
Bvh38313527 46QEU
Bvh38313527 46QEU
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COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT REQUEST
TEPPY MOUNTAIN LLC ONOMEA, PĀPAʻIKOU, SOUTH HILO, HAWAI‘I COUNTY, HAWAI‘I TMK: (3) 2-7-007:001 (por)
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TABLE OF CONTENTS
I. INTRODUCTION .................................................................................................................. 4
II. PROJECT DESCRIPTION ..................................................................................................... 4
3A. Project Concept and Components ........................................................................................ 4
3B. Subject Property Description ............................................................................................... 9
3C. Institutional Considerations................................................................................................ 14 State Land Use ...................................................................................................................... 14 Special Management Area .................................................................................................... 14
County Zoning and General Plan .......................................................................................... 16 Hāmākua Community Development Plan ............................................................................ 17
3D. Surrounding Zoning and Land Uses .................................................................................. 18
3E. Flood Insurance Rate Map .................................................................................................. 18
3F. Archaeological Resources .................................................................................................. 18
3G. Floral and Faunal Resources .............................................................................................. 21
3H. Valued Cultural Resources................................................................................................. 21
3I. Public Access ....................................................................................................................... 21
3J. Description of Access .......................................................................................................... 22
3K. Traffic Impacts ................................................................................................................... 22
3L. Availability of Utilities ....................................................................................................... 22 Water ..................................................................................................................................... 22 Wastewater ............................................................................................................................ 23 Electricity .............................................................................................................................. 23 Other Utilities........................................................................................................................ 23
III. REGULATORY ANALYSIS ........................................................................................... 23
4A. Coastal Zone Management ................................................................................................. 23
4B. Impacts to Surrounding Properties ..................................................................................... 24
4C. Impacts to Public Agencies ................................................................................................ 25
4D. Unusual Conditions ............................................................................................................ 25
4E. Land Suitability for Permitted Use ..................................................................................... 26
4F. Land Character and Present Use ......................................................................................... 26
4G. Relationship to General Plan.............................................................................................. 26
4H. Unusual and Reasonable Use ............................................................................................. 27
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FIGURES
Figure 1: Location Map ..................................................................................................................5
Figure 2: Site Plan ...........................................................................................................................7 Figure 3: Zoning Map ....................................................................................................................10 Figure 4: Land Use Pattern Allocation Guide (LUPAG) Map ......................................................11 Figure 5: Land Study Bureau (LSB) Overall Productivity Rating Map .......................................12
Figure 6: Agricultural Lands of Importance to the State of Hawai‘i (ALISH) ............................13
Figure 7: State Land Use Map ......................................................................................................15 Figure 8: FIRM Map .....................................................................................................................19 Figure 9: 1965 Aerial Photo ..........................................................................................................20
EXHIBITS Exhibit A – Grant of Perpetual, Nonexclusive Easement Exhibit B – Correspondence with Fire Department Exhibit C – Letter to Police Department
Exhibit D – Neighbor Support Letters
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I. INTRODUCTION
Teppy Mountain LLC (“applicant”) is requesting a Special Permit to host an annual four
(4) – day event with overnight camping on a portion of the property identified by TMK (3) 2-7-007:001. Additionally, the applicant also requests to allow vehicle storage on the property for up to six (6) trucks. The property is located at the top of Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road in Pāpaʻikou, South Hilo, Hawai‘i
(Figure 1). This request seeks to utilize a 14.7-acre portion of the overall 1,1419.17-acre
parcel for the event and truck parking. The property is located within the State Land Use Agricultural District and thus a Special Permit is required to host events and overnight camping. Although the applicant had
informed the County Planning, Police and Fire Departments prior to hosting the event in
2023, unfamiliar with the County and State regulations requiring a Special Permit, the applicant regrets that he misunderstood County requirements and held the 2023 event without obtaining a Special Permit. In order to comply with all governmental regulations, the applicant is now requesting a Special Permit to hold the event annually. The event will be centered on principles of inclusion, gifting, self-reliance, self-expression, communal
effort, civic responsibility, and respect for the environment, emphasizing the practice of “leave no trace”. The event will be offered on a donation basis and attendees will be encouraged to bring all that they need, share with others and leave the environment better than they found it. The applicant’s intention is to offer only one (1) event per year and for the event to provide attendees with a fun and enriching environment in which to enjoy art
and self-expression while maintaining reverence for the land, respect for the community and leaving virtually no impact on the property. Additionally, the applicant leases a portion of the property to a local rancher who utilizes approximately 1,000 acres of the property as pasture for his cattle. This application also
requests approval for the rancher to utilize an approximately 0.46-acre portion of the requested 14.7-acre Special Permit area to legitimize storage for up to six (6) work vehicles. These vehicles are used for on-site cattle ranching purposes, but while not in agricultural use the vehicles are also used to deliver gravel to local businesses and thus storage of the vehicles on the property requires a Special Permit.
II. PROJECT DESCRIPTION
3A. Project Concept and Components
If approved, the Special Permit area would consist of a 14.7-acre portion of the overall
1,1417.17-acre parcel. Approximately 14.24 acres, inclusive of access roads, would be used for the annual four (4)-day camping event and include designated camping areas and a bonfire area and the remaining approximately 0.46-acres would be used for vehicle storage. The check-in area for the event will also be located within the vehicle storage area of the
parcel. The applicant believes that the natural pastoral beauty of this relatively small
portion of the parcel is an ideal location to host the proposed event centered on art, nature and self-expression. The event will be held annually in November and will not require any
1,419.17-acre
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permanent structures or land altering activity and thus should have virtually no impact on the property.
Additionally, the applicant requests that an approximately 20,000 square foot area be permitted to be used for work vehicle storage (see conceptual site plan attached as Figure 2).
The applicant proposes the following elements as part of the Special Permit:
1. Camping: Three (3) areas totaling approximately 14.24 acres (inclusive of three campsite areas, access roads and a bonfire area) will be reserved for camper use. Attendees will be encouraged to share their own artistic contributions, workshops,
and performance ideas to create a vibrant and engaging sense of community within
the camp. 2. Hours: The camping event will be contained to an annual four (4)-day period each November. During that 4-day period, events may occur at any time of the day.
3. Attendance: The 2024 event proposes hosting only 200 attendees, with future events eventually expanding to up to 500 attendees. 4. Bonfire Area: The bonfire area will consist of approximately 0.31 acres and will serve as additional gathering space for attendees.
5. Access: Access to the property will be from Indian Tree Road. Attendees will enter through an entry gate and check-in to the event. They will then proceed down an existing approximately 1-mile long, 10-foot-wide gravel driveway within a 20-foot-wide unobstructed right-of-way providing access to the campsites. The driveway
consists of approximately 3.33 acres. Multiple adequate pull off sites are available along the driveway to allow for passing of cars traveling in opposite directions. 6. Parking: Participants will park in designated lawn areas within the campsites. The designated parking areas can accommodate up to 200 vehicles.
7. Water: Attendees will be required to bring all of their own water and supplies. A 3,000-gallon rainwater catchment tank is located near the existing agricultural storage building and is available for emergency fire protection use. An additional water tank will be provided in the bonfire area if required.
8. Wastewater: As the event will only be held once per year and is intended to have as minimal an impact on the land as possible, portable bathrooms will be rented for the duration of the event and removed from the property immediately upon completion of the event. 9. Amplified Sound: Amplified sound will be permitted during the event. All amplified sound will be directed in a westerly direction, toward the bulk remainder of the
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vacant 1,419.17-acre parcel, away from any neighboring dwellings. As such, sound impacts to neighboring landowners should be minimal.
10. Safety: The Police Department, Fire Department and Planning Department will be notified prior to the annual event. Volunteers will be stationed at the access gate to ensure that all attendees are registered. Additionally, depending on the number of attendees anticipated, between 4 and 10 volunteer “rangers” will be on site. The
rangers are individuals trained to watch out for and de-escalate conflicts. The rangers
will call the appropriate authorities should a situation arise which cannot be safely resolved. 11. Fire protection: A 3,000-gallon water tank exists in the vehicle storage area and will
be available for emergency fire protection. Additionally, fire extinguishers will also
be located within the bonfire area and each of the campsite areas. If required, the applicant is willing to install an additional water tank within the bonfire area. 12. Vehicle storage: An approximately 0.46-acre area will be utilized continuously to store up to six (6) vehicles. These vehicles are used for cattle ranching purposes;
however, when not in agricultural use, the vehicles are also used to transport gravel to local businesses. The check-in station for the annual event will be located in the area identified for vehicle storage. As mentioned above, the annual event will be centered on principles of inclusion, gifting,
self-reliance, self-expression, communal effort, civic responsibility, and respect for the environment. Activities and workshops offered during the event will be dynamic and may change year-to-year as they will be initiated by the event participants, not the organizers. Thus, the number of possible activities which may occur during each event will depend on the number of participants. Examples of possible events, activities and workshops include
fire performances/dancing, light installations (i.e. projection of light onto waterfalls or holograms), art installations celebrating native Hawaiian culture, flora and fauna, live music and DJ sets, eco-conscious workshops featuring topics such as permaculture, sustainable building and ocean conservation, healing and wellness spaces (i.e. medication zones and yoga areas), interactive community projects (i.e. collaborative art-making),
environmental activism meetups and a burning ceremony involving the burning of a symbolic effigy to close out the event. All attendees are expected to leave no physical trace of their activities wherever they gather. They are required to clean up after themselves and endeavor, whenever possible, to
leave such places in a better state than when they were found. No permanent structures will be constructed for the event, and with the exception of portable bathrooms, which will be removed immediately upon completion the event, no temporary structures will be provided. Attendees will bring their own rain gear and camping supplies. Additionally, in the spirit of gifting, the event will be offered on a donation basis and is not anticipated to return a profit.
The camping area will be located on a central portion of the property and will not impact any agricultural activities taking place on the property in any way. This is a very large parcel with many grazing paddocks and the cattle will be grazing distant areas of the property while the event occurs. Additionally, it is noted that attendees will be welcome to
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enjoy the waterfalls on the property during the event as an outdoor recreational use which is permitted on agricultural land.
With regard to the request to utilize a 0.46-acre area of the parcel for vehicle storage, these vehicles are used to support the ranching activities on the property. However, while not being used for ranching purposes, the rancher who owns the vehicles also uses them to haul gravel. His ability to use his farm vehicles for other commercial purposes is vital to his
ability to finance the vehicles and earn a living. However, because the use of the vehicles is
not strictly related to agriculture use, a Special Permit is required to store the vehicles on agricultural land. Fencing and signage throughout the property will ensure that attendees remain within the
boundaries of the Special Permit areas. The special Permit areas were determined by
overlaying Google Maps imagery of the property with an AutoCAD scale-drawn site plan. While the boundaries identified are not precise, they are accurate within a relatively small margin of error. In order to account for the margin of error, the applicant has chosen to decrease the overall Special Permit area to 14.7 acres. This should ensure that even if the precise boundaries of the Special Permit area are slightly breached, the overall area will
remain under 15 acres. Additionally, it is noted that the Special Permit areas are located within a central portion of this large property. The nearest property boundary is nearly 2,000 feet away and walking to the boundary would require crossing multiple fenced cattle paddocks. Thus, the likelihood of attendees accidentally (or purposely) trespassing onto adjacent properties is very low.
3B. Subject Property Description The subject site, identified as TMK (3) 2-7-007:001, consists of 1,1419.17 acres of land
and is zoned Agricultural 20-acres (A-20a) (Figure 3). The parcel is located at the top of
Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road in Pāpaʻikou, South Hilo, Hawai‘i (Figure 1). Access to the site is via Indian Tree Road, an existing paved private roadway with access off Hawaii Belt Road. A series of streams run throughout the property. Vegetation on the property consists primarily of non-native shrubs and grasses.
Approximately 1,000 acres of the parcel is utilized as pasture for grazing cattle and an approximately 20,000 square foot area of the property contains a permitted agricultural storage structure, a 3,000-gallon rainwater catchment tank and a parking area where six (6) work vehicles are stored. The remainder of the property is vacant of structures and uses.
The Land Use Pattern Allocation Guide (LUPAG) designates the parcel as Important Agricultural Lands (Figure 4) and the Land Study Bureau classifies the property as containing primarily a combination of “C”, or “Fair” and “D” or “Poor” soils with areas along the streams that run through the property designated as “E” or “Very Poor” (Figure
5). According to the Agricultural Lands of Importance to the State of Hawai‘i (ALISH), the
project area is classified as primarily prime farmland, with portions of the property along the streams unclassified (Figure 6). The U.S. Department of Agricultural Natural Resource Conservation Service has designated the soil in the project area as Hilo hydrous silty clay loam with 10 to 20 percent slopes. This soil type is formed from ash fields over lava flows,
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is well drained and has a medium runoff class. It is noted that the Special Permit use will not affect any current or potential future agricultural uses on the property as the events will
be contained to a small portion of the overall property and be short-lived.
Access through the property to the campsites will be via an existing 10-foot-wide gravel driveway within a 20-foot wide unobstructed right-of-way and all attendees will park within designated areas within the campsite zones. The areas proposed for camping already
contain relatively level grassy terrain suitable for camping and parking. Additionally, the
area designated for vehicle storage and event check-in has been previously cleared for parking and agricultural storage use. Thus, no new ground disturbance will be required in conjunction with the proposed project.
This area of Hilo is considered Lava Zone 8, on a scale ranging from 9 to 1 (least
hazardous to most). The property is located over 1 mile from the coastline and is outside the Special Management Area (SMA). The property is not located in the Conservation District.
3C. Institutional Considerations
State Land Use The subject site is designated State Land Use Agricultural (Figure 7), and the proposed
Special Permit area consists of 14.7 acres. As such, no State Land Use Commission action
is required and the County of Hawai‘i can process the Special Permit request. Under the Agricultural Lands of Importance to the State of Hawai‘i (ALISH) classification system, the subject site is primarily designated as prime farmland. However, based on the
Land Study Bureau Overall Maser Productivity Rating, the subject property is classified as
primarily “C” and “D” soils (Figure 5). It is noted that the proposed Special Permit area is primarily located within the “C” soil area. However, given that the use will only take place once per year and will not require any permanent structures or ground disturbance, the request should have no impact on the agricultural potential of the land.
In recognizing that lands within the agricultural districts might not all 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, Hawai‘i Revised Statutes §205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified.
Special Management Area The project area is located over 1 mile from the coastline and is outside the Special Management Area. The property is not located in the Conservation District.
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County Zoning and General Plan
The subject property is zoned A-20a (Figure 3). The County General Plan Land Use
Pattern Allocation Guide (LUPAG) map designates the parcel as Important Agricultural Land (Figure 4). Relative to this designation, the General Plan allows consideration for a “Special Permit” on agricultural land where the requested uses meet certain criteria as outlined in Section 4 of this report and Chapter 205 of the Hawai‘i Revised Statutes as
amended. General Plan Discussion The Hawai‘i County General Plan serves as a guide for decision-makers in land use
matters. The proposed project is conducive to the General Plan’s guidelines as it conforms
to the following goals, policies, and standards of the General Plan: Economic Goals and Policies
• Provide residents with opportunities to improve their quality of life through
economic development that enhances the County’s natural and social environment
• Encourage the development of a visitor industry that is in harmony with the social, physical, and economic goals of the residents of the County.
• Identify the needs of the business community and take actions that are necessary to
improve the business climate.
• Encourage new industries that provide favorable benefit-cost relationships to the people of the County. Benefit-cost relationships include more than fiscal
considerations. Environmental Goals and Policies
• Take positive action to further maintain the quality of the environment
Natural Beauty Goals and Policies
• Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources.
• Maximize opportunities for present and future generations to appreciate and enjoy
natural and scenic beauty. Recreation Goals and Policies
• Provide a wide variety of recreational opportunities for the residents and visitors of
the County.
• Provide a diversity of environments for active and passive pursuits.
Land Use Goals and Policies
• Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County.
• Encourage the development and maintenance of communities meeting the needs of
its residents in balance with the physical and social environment.
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Agricultural Land Use Goals and Policies
• Preserve the agricultural character of the land.
• Coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii.
• Encourage other compatible economic uses that complement existing
agricultural and pastoral activities. Discussion: The subject property is designated on the LUPAG map as Important
Agricultural Land and is primarily utilized as pasture for grazing cattle. The proposed
request will utilize only a 14.7-acre portion of the overall 1,1419.17-acre parcel. With regard to the proposed events, the events will only take place once per year and will not require construction of any permanent structures or improvements and thus should have a very minimal effect on the property and its agricultural potential. Rather, the intent of the
event is to provide a beautiful, natural, pastoral backdrop in which visitors and residents
alike can celebrate art and self-expression in a manner which emphasizes civic responsibility, respect for the environment and the practice of “leave no trace”. Attendees are required to bring their own supplies, clean up after themselves and endeavor, whenever possible, to leave the environment in a better state than it was found.
With regard to the request to utilize a 0.46-acre area of the parcel for vehicle storage, the vehicles stored on the parcel are owned by the rancher who leases the property and used in conjunction with the ongoing ranching activities on the property. However, while not being used for ranching purposes, the rancher also uses them to haul gravel to other local
businesses as a means to offset the cost of the vehicles. Thus, the ability to use the
vehicles for other commercial purposes while not being used for on-site agriculture will support the ranching operations by providing diversified income streams and economic benefit to the rancher.
Hāmākua Community Development Plan
The Hāmākua Community Development Plan (HCDP) attempts to further define the General Plan and serve as a guide for decision-makers. The proposed Special Permit request is conducive to the following objectives outlined in the HCDP:
• Objective 1: Protect, restore, and enhance watershed ecosystems, sweeping views, and open spaces from mauka forests to maki shorelines, while assuring responsible public access for recreational, spiritual, cultural, and sustenance practices.
• Objective 2: Protect and restore viable agricultural lands and resources. Protect and
enhance viewscapes and open spaces that exemplify Hāmākua’s rural character.
• Objective 11: Enhance and promote local and sustainable agriculture, farming, ranching, renewable energy, and related economic support systems.
• Objective 13: Promote appropriate rural tourism that welcomes guests for an
alternative visitor experience. Promote Hawaiʻi’s host culture and Hāmākua’s
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heritage, including historic roads and plantation towns, and festivals that celebrate our rich multi-cultural music, art and agriculture.
Discussion: The proposed annual event will be located on a relatively small portion of this very large property and is intended to have virtually no impact on the land. The event will not interfere with the ongoing cattle operation on the property and will take place while the cattle are grazing distant paddocks. As proposed, no permanent structures will be
constructed and no land altering activities will take place. Thus, the events will not detract
from the agricultural potential of the land. Rather, the annual events will ensure that the area is protected and preserved for future uses. Additionally, the ability to use the farm trucks stored on the property for other commercial uses will enhance and promote local agriculture by providing enhanced economic opportunity to the rancher leasing the land.
3D. Surrounding Zoning and Land Uses The subject parcel and the majority of the surrounding area is zoned A-20a, with a few parcels located just south of the subject parcel designated as A-10a (Figure 3). The land use in the surrounding area is primarily agricultural with some residential use as well.
Directly west of the subject parcel is an approximately 11,395-acre parcel, primarily consisting of Conservation land and also owned by the Applicant. The proposed campsite areas will be centered on the property, with the nearest dwelling approximately 2,200 feet away. Thus, the proposed location is intended to provide ample privacy and provide
significant buffer from adjacent properties.
3E. Flood Insurance Rate Map The Federal Emergency Management Agency’s Flood Insurance Rate Map (FIRM)
designates the subject site to be in Flood Zone X, or outside the 500-year floodplain
(Figure 8).
3F. Archaeological Resources Although no formal archaeological study was conducted in conjunction with the proposed
request, it is unlikely any archaeological resources exist in the project area as the subject property has long been used for sugar cane cultivation and as pastureland for grazing cattle. An aerial photo of the area taken in 1965 (Figure 9) shows that the area cleared for agricultural use, with several access roads crossing the property. Additionally, the project does not propose any new ground disturbing activities. Thus, it is unlikely that the project
would have an effect on any archaeological resources. Nevertheless, in the event any inadvertent archaeological discoveries are made in conjunction with this project, the applicants will immediately notify the Planning Department and the State Historic Preservation Division (SHPD) and secure proper
clearances before proceeding with any activities.
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3G. Floral and Faunal Resources
Vegetation in the project area consists primarily of non-native shrubs and grasses. The area
has a history of use for sugar cane cultivation and pastureland and thus the applicant does not believe there are any threatened or endangered species in the area. The majority of the property is currently used as rangeland for grazing cattle. Introduced
bird species such as Dove, Japanese White-eye, House finch, and Common Myna are
common in the area. Domestic animals such as cats, dogs, and feral pigs are also common and not considered endangered. It is possible that the Hawaiian Hawk (Buteo solitarius) and Hawaiian owl (Asio flammeus
sandwichensis) may be seen on or near the subject site due to the property’s rural nature.
The Hawaiian Hoary Bat or ‘Ōpe‘ape‘a (Lasiurus cinereus semotus) may also utilize the site as they are far ranging and utilize habitats across the island. As the project will utilize previously cleared areas and does not propose any ground disturbing activity, no impacts are anticipated to any floral or faunal resources.
3H. Valued Cultural Resources
The Hawai‘i State Supreme Court’s PASH and Ka Pa‘akai O Ka ‘Aina decisions require decision-makers to consider a project’s impact to native Hawaiian practices and resources.
Specifically, prior to deciding, State and County agencies must identify the cultural,
historical, and natural resources and associated traditional and customary practices of this site, the impacts of the proposed project to those resources and practices, and the feasible action (i.e., mitigation measures), if any, to protect such resources and practices.
There are no public access points to mountainous areas from the subject site and no cultural resources are known to be located on the property. It is not known whether the subject site
or immediate surrounding area was ever used for traditional and customary rights by native Hawaiians. Since the property has been used for agricultural purposes for many years, it would appear unlikely that the site would serve such a purpose today and/or in the recent past. However, in the event any cultural resources were to be found on the property, all activity would cease in the immediate area, and the Department of Land and Natural
Resources State Historic Preservation Division would be contacted immediately. Based on the above, it does not appear that the project would have any potential adverse impact relating to the cultural resources of this area.
3I. Public Access This request will not affect any coastal public access as the site is over 1 mile from the shoreline and outside of the Special Management Area. There are no public access points
from the property to mountainous areas.
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3J. Description of Access
Access to the site is via Indian Tree Road, approximately 0.7 miles west of Hawaii Belt
Road. Indian Tree Road is a private paved roadway with a 50-foot right-of-way and pavement widths varying between 12 and 16 feet. The road is generally well maintained, but does contain a few potholes. The applicant is willing to repair the potholes if deemed necessary. The applicant has legal easement access over the private roadway (Exhibit A).
An existing 10-foot-wide gravel driveway with a 20-foot right-of-way will provide attendees with access through the property and to the campsites. A section of the driveway crosses a stream. The applicant will comply with Fire Department access requirements.
Designated parking areas are provided within the campsite zones for up to 200 vehicles.
3K. Traffic Impacts As the event will take place only once per year and attendees are anticipated to remain on the property for the duration of the event, traffic impacts from the proposed project will be
short-lived and minimal. Guests are anticipated to carpool to the site with an average of 2.5 people per vehicle. Thus, with a maximum attendance of 500, approximately 200 vehicles would be anticipated. Arrival and departure times will be staggered with approximately half of the attendees arriving on Friday and the other half arriving on Saturday. Likewise, it
is anticipated that approximately half of the attendees will leave on Sunday and the other
half will leave on Monday. Thus, while overall traffic on Indian Tree Road is anticipated to increase during the 4-day event, the hourly traffic increase will be minimal given that traffic will be spread out throughout the weekend. Furthermore, given that the event will only take place once per year, the overall traffic impacts will be short-lived.
Additionally, the proposed storage of up to six (6) work vehicles will not result in any significant increase in traffic.
3L. Availability of Utilities
Water The property currently contains one 3,000-gallon rainwater catchment tank for non-potable and emergency fire suppression use. As the request is to hold only one event annually and to have as little impact on the property as possible, event attendees will be required to bring
their own potable water to the event. Thus, the water needs of the project will be minimal, if at all. This area receives more than 170 inches of rainfall annually and there are no permanent structures in the vicinity of the campsites or bonfire area and thus the risk of fire emergencies related to the event is low. However, if required, the applicant is willing to install an additional rainwater catchment tank within the bonfire area for emergency fire
suppression purposes. No water is necessary for vehicle storage use.
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Wastewater
The applicant will rent portable toilets for the duration of the annual events. The toilets will
be removed immediately upon completion of the events. No wastewater facilities are necessary for vehicle storage use.
Electricity
The event is intended to be an off-grid, sustainable camping experience. The property is not connected to the electrical grid and no electricity will be provided for the event or campsites. Attendees of the event may opt to bring their own generators or solar energy systems, although most guests do not. Otherwise, electricity will not be available or necessary for the proposed camping event. Additionally, no electricity is necessary for
vehicle storage use.
Other Utilities
No other utilities will be required for the proposed Special Permit use. Police, fire, and
medical services are available roughly 6.5 miles south of the property in Hilo. It is noted that prior to the 2023 event the applicant had reached out to the Fire Department and the Police Department to inform them of his plans and solicit safety and/or fire
prevention recommendations. An inspector from the Fire Department visited the property
at that time and agreed that there was very little risk of fire in this rainy mauka area of Pāpaʻikou. Consultation with the Police Department at that time indicated that there were no requirements for private event security.
A formal request for comments regarding the proposed use and any fire and/or security
requirements was sent to both the Fire and Police Departments in preparation of this application (Exhibits B & C). The Fire Department had indicated that water and access applicable codes would apply and that they would be willing to assist the event organizers with additional safety provisions if needed; however, we have yet to hear back on any
specific fire code requirements. A response from the Police Department has not been
received to date. Both departments will have the opportunity to comment on this application during the application review process and the applicant will comply with any recommendations provided by the respective agencies.
III. REGULATORY ANALYSIS
4A. Coastal Zone Management The subject property is located over 1 mile from the nearest coastline and is not located within the Special Management Area. It is unlikely that any archaeological features, threatened or endangered plants, animals, or avian species will be adversely affected by the
proposed use. There is no designated public access to the mountain areas over the property. Therefore, the proposed use will not adversely impact any recreational resources, including
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access to and along the shoreline, scenic and open space resources, coastal ecosystems, and marine and coastal resources.
4B. Impacts to Surrounding Properties Temporary and minor noise may occur during the event. The event will be restricted to a 4-day period and will only occur once per year. During that time noise impacts to surrounding properties are not expected to be significant as the camping and bonfire areas
will be centrally located within this large parcel to provide an adequate buffer to surrounding property owners, with the nearest dwelling situated approximately 2,200 feet from the nearest campsite area. Additionally, the Applicant owns the adjacent parcel to the west which does not contain any dwellings and consists of over 11,000 acres; therefore, all amplified sound will be oriented in the western direction so that sound is projected away
from any nearby residences. Approximately two (2) generators are anticipated to support live music/DJ events. With regard to individual campsite use, participants will be allowed to bring generators, but generally speaking, most do not, and those who do will be encouraged to bring battery
operated generators which do not emit sound. It is therefore anticipated that any sound impacts will be mitigated by minimal use, remoteness of the site and the limited duration of the event. If additional mitigation measures are deemed necessary, with the exception of the generators used to support live music/DJ events, the applicant is willing to restrict the
personal use of generators to between the hours of 9:00 a.m. and 9:00 p.m.
With regard to noise generated by vehicle storage, as these vehicles are also used for agricultural purposes, noise generated by the vehicles will continue to be comparable to noise generated by standard agricultural use.
The proposed request will not have an effect on scenic views as no new permanent structures or ground disturbance are proposed. The camping event areas will be centrally located within the parcel so as to provide a natural buffer from adjacent properties. Additionally, no coastal view planes will be impacted by the proposed request.
Light pollution is another important aspect of minimizing impacts to surrounding properties and the visibility of the night sky. As electricity will not be provided to the event/campsites and the event will only be once per year, light pollution from the event will be minimal and short-lived. Any attendees who bring their own power supply from which to power their
own light fixtures or battery-operated light fixtures will be required to conform to the
standards established by the Hawai‘i County Outdoor Lighting Ordinance (Hawai‘i County Code Chapter 14, Article 9: “Outdoor Lighting”) and any lighting fixture should be fully shielded. This means that all lighting fixtures must emit zero light above the horizontal plane.
With regard to traffic, impacts to surrounding properties should be minimal. While traffic on Indian Tree Road is expected to increase during the event, the increase will be minimal and short-lived as the event will only take place once per year. Additionally, event traffic would generally be spread out throughout the day of arrival and the day of departure, with
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attendees expected to remain on site for the duration of the event. Furthermore, it is anticipated that the majority of the event traffic will not interfere with morning school and
work traffic as the majority of attendees will only attend during the weekend and peak
guest trip times will be outside of normal peak traffic periods. It is also noted that prior to the 2023 event, the Applicant had contacted several nearby neighbors to inform them of the event. Upon following up with neighbors after the event,
only one neighbor reported being able to hear amplified music but reported that the sound
was not bothersome. Since then, the applicant has received letters from surrounding property owners who support this Special Permit request and attest to his merits as a good neighbor (Exhibit D).
With respect to the proposed vehicle storage, commercial use of the vehicles outside of
general on-site agricultural use will be sporadic and minimal and is thus not expected to have a significant impact on traffic. As the commercial use of the vehicles will involve picking up materials off-site to be delivered to other off-site locations, the commercial use of the vehicles will not involve transport of heavy loads to and from the property.
4C. Impacts to Public Agencies The proposed project will not unreasonably burden public agencies to provide roads, streets, sewers, water, drainage, school improvements, and police and fire protection.
4D. Unusual Conditions In recognizing that lands within the 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, Hawai‘i Revised
Statutes Chapter 205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural districts other than those for which the district is classified.
Unusual conditions, trends and needs have arisen since the district boundaries and
regulations were established. As noted in the General Plan, in recent years many niche tourism markets, such as eco-tourism and health and wellness tourism have established themselves throughout the island. Additionally, the importance of agricultural land and food security has emerged as a dominant topic in our community, as has the need to support local farmers and ranchers who must rely on supplemental forms of income to
support their agricultural pursuits. This Special Permit request mirrors these trends. The subject 1,419.17-acre parcel is located within the Agricultural district and the vast majority of the parcel is used as pastureland for grazing cattle. The proposed Special Permit request will not interfere with or inhibit the ongoing agricultural use of the property in any way. Rather, the intent of the event will be to provide a beautiful, natural, pastoral backdrop in
which visitors and residents alike can celebrate art and self-expression in a manner which emphasizes respect for the environment and the practice of “leave no trace”. The event is designed in such a way as to have a minimal footprint on the land and attendees will be required to bring their own supplies, clean up after themselves and endeavor to leave the
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environment in a better state than it was found. To this end, it is the Applicant’s goal that the proposed events will provide a fun and enriching experience that complements,
enhances and celebrates its host agricultural backdrop.
Additionally, with regard to the vehicle storage, the ability to utilize the stored vehicles for other commercial purposes while not in agricultural use will provide the rancher leasing the property with an important secondary source of income, critical to offsetting the cost of the
vehicles and generating supplemental income.
4E. Land Suitability for Permitted Use The Land Use Pattern Allocation Guide (LUPAG) designates this land as Important Agricultural Lands (Figure 4) and the Land Study Bureau classifies the property as
containing primarily a combination of “C”, or “Fair” and “D” or “Poor” soils with areas along the streams that run through the property designated as “E” or “Very Poor” (Figure 5). According to the Agricultural Lands of Importance to the State of Hawai‘i (ALISH), the project area is classified as primarily prime farmland, with portions of the property along the streams unclassified (Figure 6). The land is well-suited for agricultural uses and is
primarily used for agriculture. The proposed request will not interfere with or inhibit the ongoing agricultural use in any way as this is a very large parcel with many grazing paddocks and the cattle will be grazing distant areas of the property while the event occurs.
4F. Land Character and Present Use The vast majority of the property is currently used as pastureland for grazing cattle. An approximately 0.46-acre portion of the property is used to store the vehicles which are used for on-site agricultural uses as well as for other off-site commercial purposes. The proposed
events will be limited to a 14.7-acre portion of the property, will only be held once per
year, will not require construction of any new improvements or alterations to the land, and will not interfere with the ongoing agricultural use of the property. Thus, the Special Permit request will not alter the essential character of the land; rather, it will realize its fuller potential through the addition of an unusual, yet compatible and reasonable use.
4G. Relationship to General Plan The proposed use will not be contrary to the goals, policies, and standards of the General Plan or the Hāmākua Community Development Plan. As discussed in Section 3C of this
report, the proposed use conforms to the General Plan’s economic, environmental, natural beauty, recreation and land use goals and policies. The proposed project will provide the Applicant with the opportunity to provide an annual recreational event highlighting art, self-expression, civic responsibility, respect for the environment and the practice of “leave no trace”. Approval of the requested Special Permit will also provide the rancher leasing
the property with the ability to offset the cost of his farm vehicles by using them for other commercial purposes.
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4H. Unusual and Reasonable Use
The proposed project constitutes an unusual and reasonable use of the land, which would
not be contrary to the objectives sought by Land Use Law and Regulations, which for the Agricultural District, seek to preserve or keep the land of high agricultural potential in agricultural usage.
The request is unusual in that it is not strictly agricultural in nature; the use would allow the
applicant to hold an annual camping event on the property and for the applicant’s tenant to utilize his farm vehicles for other commercial purposes. The request is reasonable in that the event would utilize a relatively small portion of the property, only take place once per year, would not require any new ground disturbance, would not interfere with or detract
from any ongoing agricultural uses, and would highlight the pastoral history and beauty of
the Hāmākua area while providing recreational opportunities to the community and visitors alike. Additionally, use of the farm vehicles for other commercial purposes is reasonable as it will support local agriculture by helping to offset the cost of the farm vehicles. In conclusion, the proposed use would not adversely impact the agricultural land inventory
in the County of Hawai‘i and would not be contrary to the intent and purpose of the State Land Use Law. Rather, it would provide the growing number of residents and tourists in the area with an additional recreational opportunity while showcasing an active Hawaiian ranch and will provide a source of diversified income to the rancher storing his work vehicles on the property.
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EXHIBIT A 104
105
106
107
108
109
110
111
112
113
114
115
RE: Request for Comment Relating to Proposed Special Permit Application TMK (3) 2-7-007:001
Aloha Royd,
We submitted a Special Permit application for the landowner of the subject property to hold an annual 4-day
camping event on his property up Indian Tree Road in Papaikou. Campers will be encouraged to participate
in/observe a wide range of dynamic activities which will be initiated by event participants and will include things
like fire dancing, light installations, art installations, music, eco-conscious workshops, etc. Campfires will only be
permitted within designated raised fire pits and all fire-related uses will be within an open mowed area of the
property.
The Planning Department recently returned the Special Permit application and requested additional information
before they will accept it. One of their requests was to consult with the Fire Department to determine the
minimum requirements for fire suppression water and Fire Department Access. For context, I'm attaching the
conceptual site plan here. The campsites are accessed via old cane roads which are approximately 10 feet wide.
Section 18.23.5.1.1 requires an unobstructed width of not less than 20 feet, or as approved by the authority
having jurisdiction. While the gravel width of the road is only 10 feet, there is certainly more than 5 feet of
unobstructed width on either side of the gravel. Would this be sufficient for Fire Dept. access?
Also, can you confirm what is needed for fire suppression water? The only structures within the campsite areas
will be temporary tents and temporary art installations set up by the campers. Fire extinguishers will be stored
throughout the property in case of emergency. If needed, the landowner can install a water tank in the campsite
area for fire suppression, but we are unsure if this is required under code and what the required storage capacity
would be.
Also, for additional context, according to the landowner, Andrew Tepper, he held the camping event last fall and
had contacted the Fire Department beforehand to let you know about the event and solicit fire prevention
recommendations. Andrew said that someone from the Fire Dept inspected the property last year and agreed that
there was very little fire risk in this rainy mauka area of Papaikou.
We're trying to provide Planning with the additional information they've requested as quickly as possible. Your
input and comment is greatly appreciated.
Thank you,
Kim Chiodo
Project Manager
Land Planning Hawaii
194 Wiwoole St, Hilo, HI 96720
(808) 333-3393 (office)
(808) 333-3576 (direct)
kim@landplanninghawaii.com
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom
they are addressed. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this
e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking
any action in reliance on the contents of this information is strictly prohibited.
Thu, 03 Oct 2024 9:49:10 AM -1000 •
To "Henderson, Royd"<royd.henderson@hawaiicounty.gov>
Cc "Fire Admin"<fire@hawaiicounty.gov>,"Goo, Tyson"<Tyson.Goo@hawaiicounty.gov>,"John Pipan"
<john@landplanninghawaii.com>
Me <kim@landplanninghawaii.com>
EXHIBIT B 116
---- On Tue, 03 Sep 2024 14:15:25 -1000 Kim Chiodo <kim@landplanninghawaii.com> wrote ---
Hi Royd,
Thank you for your reply. A Special Permit application has been submitted to the Planning Department.
Aloha,
Kim Chiodo
Project Manager
Land Planning Hawaii
194 Wiwoole St, Hilo, HI 96720
(808) 333-3393 (office)
(808) 333-3576 (direct)
kim@landplanninghawaii.com
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom
they are addressed. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this
e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking
any action in reliance on the contents of this information is strictly prohibited.
---- On Tue, 03 Sep 2024 13:09:17 -1000 Henderson, Royd <royd.henderson@hawaiicounty.gov> wrote ---
Kim,
All water and access applicable codes will apply. We are willing to assist the event organizer with additional safety
provisions if needed.
Thank you,
Royd
From: Fire Admin <fire@hawaiicounty.gov>
Sent: Tuesday, August 20, 2024 2:28 PM
To: Henderson, Royd <Royd.Henderson@hawaiicounty.gov>
Subject: FW: Request for Comment Rela ng to Proposed Special Permit Applica on TMK (3) 2-7-007:001
Hello Preven on,
Please see request for comments a ached.
Mahalo!
Jordyn Mantz
Clerk III, Administra on
Hawaii Fire Department
(808) 932-2900
From: Kim Chiodo <kim@landplanninghawaii.com>
Sent: Tuesday, August 20, 2024 9:36 AM
117
To: Fire Admin <fire@hawaiicounty.gov>
Cc: John Pipan <john@landplanninghawaii.com>
Subject: Request for Comment Rela ng to Proposed Special Permit Applica on TMK (3) 2-7-007:001
Aloha,
Please see the attached letter requesting your Department's comments. A hard copy of this letter will also be
mailed to your office.
Thank you,
Kim Chiodo
Project Manager
Land Planning Hawaii
194 Wiwoole St, Hilo, HI 96720
(808) 333-3393 (office)
(808) 333-3576 (direct)
kim@landplanninghawaii.com
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom
they are addressed. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this
e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking
any action in reliance on the contents of this information is strictly prohibited.
118
194 Wiwoole St. Hilo, HI 96720 (808) 333-3393
info@landplanninghawaii.com
August 20, 2024
Kazuo S.K.L. Todd, Fire Chief
County of Hawaii Fire Department 25 Aupuni St, Suite 2501 Hilo, HI 96720
Dear Chief Todd: Subject: Early Request for Comment Regarding Proposed Special Permit Request to Host an Annual Event Landowner: Teppy Mountain LLC (3) 2-7-007:001, 27-476 Indian Tree Rd., Pāpaiʻkou, South Hilo, Hawaiʻi____ The landowner of the subject property has contracted with our office to assist with the preparation and submittal of a Special Permit application requesting approval to hold an annual 4-day event with overnight camping on the subject property. The intention of the event will be to
provide a fun and enriching environment in which attendees can enjoy art and self-expression. The event will be centered on principles of inclusion, gifting, self-reliance, self-expression, communal effort, civic responsibility, and respect for the environment, emphasizing the practice of “leave no trace”.
The property is located at the top of Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road in Pāpaʻikou, South Hilo, Hawai‘i. The Special Permit will request to utilize a 14.9-acre portion of the overall 1,1419.17-acre parcel for the event. No permanent or temporary structures are proposed apart from portable bathrooms which will be removed immediately upon completion of the event. Attendees will bring their own camping equipment and supplies.
The event will include an area designated for bon fires. The risk of fire emergencies related to the event appears low as this area of the island receives 170+ inches of rainfall annually and there are no structures in the project area. Nevertheless, the landowner intends to have fire extinguishers available on the property in case of emergency and will consider any additional
safety mitigation measures recommended by your department. If required, the applicant is willing to also install a rainwater catchment tank to store water for emergency fire protection use. Your comments on the proposed use are requested and appreciated. Please feel free to direct any questions or comments directly to me.
Sincerely,
John Pipan Planning Administrator
119
194 Wiwoole St. Hilo, HI 96720 (808) 333-3393
info@landplanninghawaii.com
September 30, 2024
Benjamin Moszkowicz, Chief
County of Hawaii Police Department 349 Kapiʻolani Street Hilo, HI 96720
Dear Chief Moszkowicz: Subject: Early Request for Comment Regarding Proposed Special Permit Request to Host an Annual Event Landowner: Teppy Mountain LLC (3) 2-7-007:001, 27-476 Indian Tree Rd., Pāpaiʻkou, South Hilo, Hawaiʻi____ Our office recently submitted a Special Permit application on behalf of the subject landowner requesting approval to hold an annual 4-day event with overnight camping on the subject property. The Planning Department returned the application with a request that we contact the
Police Department to determine whether there are any public safety requirements for the proposed event. The property is located at the top of Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road in Pāpaʻikou, South Hilo, Hawai‘i. The Special Permit requests to utilize a 14.9-acre
portion of the overall 1,1419.17-acre parcel for the event. The intention of the event will be to provide a fun and enriching environment in which attendees can enjoy art and self-expression. The event will be centered on principles of inclusion, gifting, self-reliance, self-expression, communal effort, civic responsibility, and respect for the environment, emphasizing the practice of “leave no trace”. The next annual event is anticipated to be attended by up to 200 people with
the hope of eventually hosting up to 500 attendees. The landowner plans to have community volunteers trained to mediate and de-escalate conflicts on-site for the duration of the event. These volunteers will contact the authorities should a situation arise which cannot be safely resolved.
Your comment on the proposed use and any required safety protocols is requested and appreciated. Please feel free to direct any questions or comments directly to me. Sincerely, John Pipan
Planning Administrator
EXHIBIT C 120
Evan Rock
27-495 Indian Tree Road
Papaikou, HI 96781
PO Box 604
Papaikou, HI 96781
Date: August 16, 2024
County of Hawaii Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Sir/Madam,
I am writing to express my support for Andrew Tepper’s event, Falls on Fire, which is planned
for the weekend of November 9, 2024. My name is Evan Rock, and I have been a resident and
landowner on Indian Tree Road since 2013. I consider Mr. Tepper to be a responsible neighbor
and a considerate member of our community.
I have observed Mr. Tepper’s commitment to hosting his events in a manner that respects both
the environment and the local community. I was under the impression that during last year's Falls
on Fire, Mr. Tepper proactively engaged with the planning department, the police department,
and the fire department to ensure all necessary approvals and safety measures were in place.
Following the event, he reached out to confirm that the noise and traffic levels were manageable,
and I told him that there was no bother at all.
I can personally attest to the fact that the event did not create significant disturbances. A couple
of his guests politely smiled and waved kindly when I happened to pass them on the road. Mr.
Tepper has consistently shown himself to be a great neighbor, and his efforts to host such events
in a responsible manner are commendable.
I believe that Falls on Fire contributes positively to our community by providing a venue for
people to gather, enjoy various activities, and foster a sense of camaraderie. I am confident that
Mr. Tepper will continue to uphold the highest standards of consideration for our neighborhood.
Thank you for considering my support for Mr. Tepper's event. Should you require any further
information, please feel free to contact me at 808 464 3847.
Sincerely,
Evan Rock
EXHIBIT D 121
Fwd: Falls on Fire 2024
---------- Forwarded message ---------
From: Scott Hoyt <scott.hoyt@gmail.com>
Date: Mon, Aug 19, 2024 at 6:14 PM
Subject: Re: Falls on Fire 2024
To: Andrew Tepper <teppy@egenesis.com>
Aloha Teppy -
If it is appropriate to send this letter directly, please let me know where to direct it.
Otherwise, please feel free to forward the following if that is sufficient:
Scott Hoyt
27-447 Indian Tree rd
Papaikou, HI 96781
scott.hoyt@gmail.com
(808)345-0438
August 18, 2024
County Planning Department
County of Hawaii
Dear County Planning Department,
I am the primary resident and caretaker at 27-447 Indian Tree Road. I am writing to express my strong
support for the application submitted by my neighbor, Andrew Tepper, to host a large weekend-long party
with friends on their farm. I was happy to support this party verbally last year, and I stand by that. Please
consider this my written statement of support for this year’s event. I can attest to the fact that it was a well-
organized event with minimal impact on the surrounding area.
Andrew Tepper is a considerate and responsible neighbor with a spirit of aloha in all of his communications.
He has always been mindful of the neighborhood and has taken steps to ensure that any potential noise or
traffic concerns are addressed. In fact, during his previous event, there was little to no disruption to the
neighborhood and all attendees were well-behaved.
I believe that allowing Andrew Tepper to host this party will have a positive impact on the overall
cohesiveness of our neighborhood. It provides an opportunity for residents to come together, strengthen
community bonds, and create lasting memories.
I respectfully urge the County Planning Department to approve Andrew Tepper's application for the weekend-
long party. I am confident that all participants will uphold the standards of courtesy and respect that they
have demonstrated in the past.
Thank you for considering my input on this matter. Please do not hesitate to contact me if you require any
further information.
Sincerely,
Scott Hoyt
Tue, 20 Aug 2024 8:01:42 PM -1000 •
To "Kim Chiodo"<kim@landplanninghawaii.com>
TE teppy@egenesis.com
122
194 Wiwoole St. Hilo, HI 96720
(808) 333-3393
info@landplanninghawaii.com October 15, 2024
Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow: Subject: Attn: Christian Kay Early Comments from Police Department Regarding Special Permit Application (PL-SPP-2024-000075) Applicant: Teppy Mountain LLC Agent: Land Planning Hawaii LLC Pāpaʻikou, South Hilo, Hawaii TMK: (3) 2-7-007:001 (por)____________
Shortly after resubmitting the subject application we received a response to our request for comments from the Police Department. The response states that they do not anticipate significant traffic impacts from the proposed project. Their response letter is attached here. We trust that everything is in order for your acceptance and processing of this additional
information. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely,
John Pipan Planning Administrator
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124
Mitchell D. Roth
Mayor
Lee E. Lord
Managing Director
West Hawaii Office
Kailua4AneKeohokalole
awai'
i967Hwy
County of HawaiiKailua-Kona, Hawaii 96740
Phone (808) 323-4770
Fax (808) 327-3563 PLANNING DEPARTMENT
CERTIFIED MAIL RESTRICTED DELIVERY
SIGNATURE COMFIRMATION RESTRICTED DELIVERY
7019 2280 0002 0137 1621
September 8, 2022
Teppy Mountain LLC
4717 Middle Road
Allison Park, PA 15101-1174
Dear Property Owner:
SUBJECT: WARNING LETTER
Zendo Kern
Director
Jeffrey W. Darrow
Deputy Director
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Phone (808) 961-8288
Fax (808) 961-8742
Complaint: Unpermitted Commercial Rental Business / Base Yard within the
Agricultural Zoned District
File No.: ZCV-2021-015E
Landowner: Teppy Mountain LLC
TMK: (3) 2-7-007:001, 27-476 Indian Tree Road., S. Hilo, HI
We received a complaint in March of 2021, stating that the subject property is operating an
unpermitted equipment rental business and equipment storage facility within an Agricultural zoned
district. This business is known as Indian Tree Ranch & Rentals LLC, and may be operated by your
lessee, Roger Uchima.
According to the County of Hawaii Planning Department records, a Special Permit was not secured
to operate any non-agricultural business or equipment storage facility on the above subject property.
BACKGROUND
Our initial investigation based on a complaint, has revealed the following:
The subject property is located at Tax Map Key (TMK) 2- 7-007:001, and the street address is 27-476
Indian Tree Road, (hereinafter referred to as the "property"). The property, owned by Teppy
Mountain LLC, consists of approximately 1,419.17 acres. The property is located within the State
Land Use (SLU) Agricultural (A) and within the County of Hawaii, Zoning District Agricultural (A -
20a).
www.planning.hawaiicounty.gov Hawai'i County is an Equal Opportunity Provider and Employer planningAhawaiicounty.gov125
Teppy Mountain LLC
Warning Letter — Unpermitted Comm'l Rental Business
ZCV-2021-015E
September 8, 2022
Page 2
HAWAII COUNTY CODE (HCC), CHAPTER 25 ZONING
Section 25-4-4 Uses Prohibited. Any use not listed among the permitted uses in a zoned district
is a prohibited use within that district, except as otherwise provided in this chapter.
Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district: A
Non -Agricultural Equipment Business is not listed as a permitted use within the Agricultural
zoning district.
HAWAII REVISED STATUTES (HRS):
HRS 205-4. 5 Permissible uses within the agricultural districts.
7) Public, private, and quasi -public utility lines and roadways, transformer stations,
communications equipment buildings, solid waste transfer stations, major water storage tanks,
and appurtenant small buildings such as booster pumping stations, but not including offices or
yards for equipment, material, vehicle storage, repair or maintenance, treatment plants,
corporation yards, or other similar structures.
HRS 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.
205-13 Penalty for violation. [(a)] Any person who violates any provision under section 205-
4.5, or any regulation established relating thereto, shall be fined not more than $5,000, and any
person who violates any other provision of this chapter, or any regulation established relating
thereto, shall be fined not more than $1,000.
WARNING
This letter offers you the opportunity to correct a possible violation before a formal Notice of
Violation & Order and fines are issued. To respond to the complaint, please do the following by the
deadline date" of October 10, 2022. Cease all non-agricultural businesses on the subject
property and contact the Planning Inspector listed below either by phone or letter.
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 you do not respond to this letter by the deadline date listed above, you shall be issued a "Notice of
Violation and Order" which may lead to a civil fine of $500 and possibly daily fines as shown below.
126
Teppy Mountain LLC
Warning Letter — Unpermitted Comm'l Rental Business
ZCV-2021-015E
September 8, 2022
Page 3
In addition, in accordance with HRS 205-13 penalty for violation, we may include an additional fine
in the sum of $5,000.
A violation that is not corrected by the deadline date will be assessed daily fines starting at $100 ver
day, be2innin2 the day after the deadline date, unless it is a recurring violation (see table below).
After 3 months, the fine increases to $200 per day; after 6 months to $300 per day; and after 9
months, to $500 per day, until the case is resolved. It is in your best interest to correct this issue
before or on the deadline date as indicated above.
Daily Fines: According to County of Hawaii Planning Department Rules of Practice and
Procedure Rule 9-5(d): When a violation is not corrected by the deadline set by the order, the
Director may assess additional fines to a maximum of $500 for each day that the violation
remains uncorrected in accordance with the following schedule:
Daily FinesAfterFirstThreeMonths Third After Sixth After Ninth
for Violations 3rd) Month 6th) month 9th) Month
Initial Violation 100 200 300 500
First Repeated 200 300 400 500
Violation
Second Repeated 300 400 500 500
Violation
Third Repeated 400 500 500 500
Violation
Fourth (4d`) and subsequent repeated violations will be assessed $500 per day of additional
daily fines from the date that the violation was to cease or be corrected, as set forth in the
order.
Should you have any questions, please feel free to contact Planning Inspector, Mark Iwamoto at
808) 961-8151.
Sincerely,
Zendo Kern (Sep 19, 2022 08:20 HST)
ZENDO KERN
Planning Director
MI: cn
COH01\planning\public\Enforcement\TMK Files\ZONE 2\ 2-7-007-001\Baseyard&rentalZCV-21-015E.doc
127
Mitchell D. Roth
Mayor
Lee E. Lord
Managing Director
West Hawaii Office
74-5044 Ane Keohokalole Hwy
Kailua-Kona, Hawaii 96740
Phone (808) 323-4770
Fax (808) 327-3563
November 1, 2022
Teppy Mountain LLC
Attention: Mr. Andy Tepper
4717 Middle Road
Allison Park, PA 15101-1174
Dear Mr. Tepper:
County of Hawaii
PLANNING DEPARTMENT
SUBJECT: CLOSURE LETTER
Zendo Kern
Director
Jeffrey W. Darrow
Deputy Director
East Hawaii Office
101 Pauahi Sheet, Suite 3
Hilo, Hawai'i 96720
Phone (808) 961-8288
Fax (808) 961-8742
Complaint: Unpermitted Commercial Rental Business / Base Yard within
the Agricultural Zoned District
Landowner: Teppy Mountain LLC
File No: ZCV 2021-015E
TMK: (3) 2- 7-007:001, 27-476 Indian Tree Road., S. Hilo, HI
On October 12, 2022, our Planning Inspector conducted a site inspection of your property, along
with the lessee. Our Inspector observed two -dump trucks, one -tractor trailer, and one -backhoe
located on the property. In addition, the lessee informed the Planning Inspector that there is a
third dump truck, which was not currently present at the time. During the investigation, the
lessee stated that beside the ranching activities, he also operates a hauling business and utilizes
the three dump trucks as part of the business, but the tractor trailer and backhoe are primarily
used for the ranching operation. The lessee was informed to remove the dump trucks or secure a
Special Permit for a construction base yard.
On October 27, 2022, the lessee informed the Planning Inspector that the three dump trucks were
removed from the property. On November 1, 2022, our Planning Inspector conducted a follow-
up inspection of the subject property, and confirmed that the dump trucks have been removed
from the subject property.
Please be reminded, if you choose to use your dump truck as a transportation vehicle from a
construction site to the ranch, you must remove the dump truck by the end of each day. Any
construction equipment/vehicles, etc., dedicated for the purpose of your ranching activity may
continue remain.
www.planning.hawaiicounty.gov Hai -pari County is an Equal Opportunity Provider and Employer planning hawaiicounty.Lov
128
Teppy Mountain LLC
Attention: Mr. Andy Tepper
Closure Letter I ZCV-2021-015E
Unpermitted Commercial Rental Business/Base Yard
November 1, 2022
Page 2
Based on the above, we have determined that the unpermitted equipment storage yard has been
corrected by removing/relocation of the dump trucks from the subject property. Therefore, we
consider this case resolved and the complaint closed. Should you have any questions pertaining
to this matter, please contact Planning Inspector, Mark Iwamoto at (808) 961-8151.
Sincerely,
Zgewlo /Kmlly
Zendo Kern (Nov 14, 2022 08: 08 HST)
ZENDO KERN
Planning Director
MI: cn
COHOI\planning\publicAEnforcement\TMK Files\ZONE 2\ 2- 7-007-00 1 \ZCV 21-015EBaseyardclosure.doc
cc: (email): Roger Y. Uchima, Lessee
129
Mitchell D. Roth 4o
sr OF h{?,•
Zendo Kern
Mayor 2 ligf' ',. Director
Deanna S. Sako Jeffrey W.Darrow
Managing Director moi-W
w;;• _ Deputy Director
West Hawai`i Office East Hawai`i Office
74-5044 Ane Keohokalole Hwy101 Pauahi Street,Suite 3
Kailua-Kona,Hawai`i 96740 County of Hawaii Hilo,Hawai`i 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
CERTIFIED MAIL
9589 0710 5270 2163 5113 38
June 25, 2024
Teppy Mountain LLC
4717 Middle Road
Allison Park PA 15101-1174
Attention: Andy Tepper
Teppy Mountain LLC
Attention: Andy Tepper
Dear Mr. Tepper:
SUBJECT: NOTICE OF VIOLATION AND ORDER
Complaint: Unpermitted Event(Falls of Fire) and Overnight
Accommodations
Landowner(s): Teppy Mountain LLC
File No.:PL-PCV-2023-00567
TMK: 3) 2-7-007:001,27-476 Indian Tree Rd.,South Hilo,Hawaii
We have received several complaints stating that an unpermitted event known as Falls on Fire took
place on the subject property between November 17-19, 2023. It is estimated that approximately 100-
150 people may have attended this 2023 event. In addition, there is online advertising for another
similar event scheduled for November 8- 11, 2024, at the same location.
FINDINGS
Our initial investigation based on a complaint, has revealed the following:
The property is located at TMK (3) 2-7-007:001, 27-476 Indian Tree Road, and is hereinafter
referred to as the "property". The property is owned by Teppy Mountain LLC and consists of
approximately 1,419.17 acres located within the State Land Use (A) Agricultural and within the
County of Hawai`i, Zoning District Agricultural (A-20a).
www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning(&hawaiicounty.gov
130
Teppy Mountain LLC
Notice of Violation& Order
PL-PCV-2023-00567
June 25, 2024
Page 2
Between November 17-19, 2023, a large event called Falls on Fire took place on the above
referenced subject property, which had an estimated 100-150 people attend and included overnight
camping without a Special Permit.
On August 10, 2023, prior to this event being held, event coordinator Gina Chen inquired through
our office if any permit(s) would be needed to run an event at a private agricultural property located
at 27-476 Indian Tree Road between November 17-19. This event would include camping with an
estimated 50- 100 people, and they planned to have 6 porta potties. Staff contacted Ms. Chen and
informed her that the event was not a permitted use. According to the "2023 Afterburn Report" it
states that a Planning Department staff had stated that no permits would be needed for a camping
event on private land, which is incorrect as stated above. Additionally, phone calls and emails were
made between staff and Mr. Tepper after the event was held. It was clearly stated that a Special
Permit would be required for this event and approval is required prior to the event being held.
A recent review of the website advertisement (https://www.fallsonfire.com/) for the "Falls on Fire"
event indicates that a new event is being scheduled between the dates of November 8-11, 2024. As of
the date of this letter, no Special Permit application has been submitted or approved for this type of
event at this time and/or location.
Lastly, as mentioned above, your website has a "2023 Afterburn Report" which provided the
suggested entry cost, the amount of guest attended, and the event dates/gate entry time for the
previous event which was held without a Special Permit. Please refer to exhibits A-C.
HAWAII REVISED STATUTES (HRS)
HRS Section 205-13(a) provides that any person who violates any provision of HRS
Section 205-4.5, or any regulation established relating thereto, shall be fined not more than
5,000, and any person who violates any other provision of Chapter 205, or any regulation
established relating thereto, shall be fined not more than $1,000.
HRS Section 205-4.5 (b) and HRS Section 15-15-25(a) provide that uses in the State Agricultural
District not expressly permitted in HRS Section 205-4.5(a) shall be prohibited unless a special
permit has been granted by the Planning Commission under HRS section 205-6.
HAWAII COUNTY CODE (HCC)
Section 25-4- 4 Uses Prohibited provides in pertinent part that any use not listed among the
permitted uses in a zoning district is prohibited use within that district.
Section 25-5-72(a) Permitted uses: Unpermitted Events, overnight camping/accommodations is
not listed as permitted uses within the Agricultural zoned district.
131
Teppy Mountain LLC
Notice of Violation& Order
PL-PCV-2023-00567
June 25, 2024
Page 3
NOTICE OF VIOLATION
Based on the above information, including the information within the above
referenced website, there is sufficient evidence to show that you are in violation of Hawai`i
Revised Statutes (HRS) and the Hawaii County Code (HCC) chapter 25.
HRS") Section 205-4.5 (Permissible uses within the agricultural districts), HRS Section 205-2,
Hawai`i Administrative Rules ("HAR") Section 15- 15-25(a) and (b), and Hawai`i County Code
HCC") Section 25-5-72 (Permitted uses within the agricultural district). You are in violation of
HRS Section 205-4.5 and HCC 25-5-72(a) therefore you are being assessed a fine of $5,000 for
violating the HRS and$500 violating the HCC.
The violations must be corrected as stated in the Order below, on or before the stated deadline to
avoid the accrual of daily fines.
ORDER
You are hereby ordered to take the following corrective action(s) at your own expense:
1. Immediately cease and desist all unpermitted events, including the camping/overnight
accommodations.
2. Pay the assessed fine in the sum of$5,500.00 for the unpermitted 2023 event.
3. Remove all advertisements related to the upcoming 2024 unpermitted event.
4. Correct all violations at your own expense on or before the date specified below.
5. Pay all fines due to this office and complete corrective actions by the deadline date of July 9,
2024. Payment may be made by cash, cashier's check, or money order. Personal checks are not
accepted. Make cashier's check or money order payable to the County Director of Finance.
6. Provide a Letter of Understanding, stating that you will not this hold and any other unpermitted
events until you secure the required Special Permit.
7. Contact the Inspector below and schedule an inspection of the subject property to verify
compliance.
Upon satisfactory compliance with all conditions of the above order, we may close the complaint
with no further action.
132
Teppy Mountain LLC
Notice of Violation& Order
PL-PCV-2023-00567
June 25, 2024
Page 4
GENERAL INFORMATION
9-19 Administrative Fines
The Department is authorized to impose administrative fines in accordance with established rules.
What happens if you do not correct the violation?
A violation that is not corrected by the deadline date may be assessed daily fines.
Administrative Fine: According to County of Hawai`i Planning Department Rules of Practice and
Procedures 9-5(a) Administrative Fines:
Resolution of a violation includes correction of the violation and payment of administrative daily
fines not to exceed $500. In specifying the amount of the fine, the Director shall consider the
following:
1) The nature and degree of the violation.
2) Whether the violation involves a threat to public health and safety.
3) Whether there are multiple violations.
4) Whether it is a repeated violation.
Note: Items highlighted are the reason for the civil fine.
What happens if you do not correct the violation?
A violation that is not corrected by the "deadline date" shall be assessed daily fines starting at $100
per day beginning the day after the "deadline date" unless it is a recurring violation. (See table
below.) After 3 months, the fine increases to $200 per day; after 6 months, to $300 per day; after 9
months, to $500 per day until the case is resolved. It is in your best interest to correct this problem
before or on the "deadline date" as indicated above.
Daily Fines: According to County of Hawai`i Planning Department Rules of Practice and
Procedure Rule 9-5(d): When a violation is not corrected by the deadline set by the order, the
Director may assess additional fines to a maximum of $500 for each day that the violation
remains uncorrected in accordance with the following schedule:
DAILY FINES FIRST AFTER AFTER AFTER
FOR VIOLATION 3 MOS. 3RD MO. 6TH MO. 9TH MO.
Initial Violation 100 200 300 5500
First Recurrence 200 300 400 5500
Second Recurrence 300 400 500
Third Recurrence 400 500
133
Teppy Mountain LLC
Notice of Violation& Order
PL-PCV-2023-00567
June 25, 2024
Page 5
Fourth and subsequent recurrences will be assessed $500 per day of additional daily fines from
the date that the violation was to cease as set forth in the order.
Can you appeal this Notice of Violation?
Yes. In accordance with Section 6- 9.2 (a) of the Hawai`i County Charter, the Board of Appeals is
authorized to hear and determine any appeal from the final decisions of the Planning Director.
1. An appeal shall be electronically submitted in the format prescribed by the Board of Appeals and
shall specify the person's interest in the subject matter of the appeal and the grounds of the
appeal. Unless otherwise specifically provided by the Board of Appeals rules, an electronic
copy of each document shall be filed. A filing fee of $250 shall accompany any such appeal.
Application must be submitted electronically)
2. The appellant, landowner(s) if not the appellant, and the director shall be parties to an appeal.
Other persons may be admitted as parties to an appeal, as permitted by the Board of Appeals.
For your convenience,we have provided the website address for Hawai`i County's new EPIC System
Electronic Processing and Information Center) for applications.
WEBSITE• https://hawaiicountvhi-energovpub.tvlerhost.net/Apps/SelfService#/home
Due Date for Appeal:
The appeal must be received within thirty (30) calendar days from the date of receipt of this Notice
of Violation and Order. An appeal to the Board of Appeals shall not stay the provisions of the
Director's "Order" pending the final decision of the Board of Appeals. The appeal must be made in
accordance with the Board of Appeals Rules of Practice and Procedures, or it may result in the
dismissal of the appeal.
What happens if I lose my appeal?
The assessment and accumulation of fines does not stop when you file an appeal. If the Board of
Appeals denies your appeal, then you will be required to pay your fines from the day the fines began
to the date the violation(s) has been corrected, which must be verified by the Planning Department.
You can also take corrective action as described in this letter and stop the daily fines while
appealing. If you do not take corrective action, daily fines will continue to accrue incrementally.
Should you acquire the services of an attorney/counsel representation, then you are required to also
submit a letter of consent with your response letter authorizing the County to correspond and respond
to the attorney/counsel representation.
Can I 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. Include all the following information
with your request:
134
Teppy Mountain LLC
Notice of Violation& Order
PL-PCV-2023-00567
June 25, 2024
Page 6
1. Describe what you have accomplished prior to requesting this time extension.
2. The amount of additional time necessary to complete the corrective action.
3. The name and telephone number of the person assisting you in this effort.
4. The date in which you expect the violation to be fully corrected.
The submission of a time extension request does not guarantee the approval of the request, nor does
it extend your right to appeal.
If your time extension is denied, daily fines will continue to accrue from the date as described above
and until the violation is corrected. If approved, the daily fines will be delayed until the new
deadline date.
Should you have any questions on this matter, please contact Planning Inspector Mark Iwamoto at
808) 961-8151.
Sincerely,
Zena(o ICem
Zendo Kern (Jun 26,2024 07:25 HST)
ZENDO KERN
Planning Director
MI/JD:ad
V:\PL\PL\planning\public\Enforcement\TMK Files\ZONE 2\2-7-007-001\NOVOteppyeventspcv-23-00567.doc
CC (via email): Jean Campbell—Corporation Counsel
135
Teppy Mountain LLC
Notice of Violation& Order
PL-PCV-2023-00567
June 25, 2024
Page 7
FALLS ON FIRE
November 8 - 11 , 2024
An Event In The Spirit Of Burning Man, On Hawaii (Island)
Located in Hilo, Falls On Fire is a camping event focusing on art, radical sell-expression,
community, and swimming in waterfalls!
We are now accepting theme camp registration
Exhibit A
Photo depicts the advertisement for the upcoming unpermitted event (Falls on Fire) scheduled
between November 8-11, 2024,registration.
LOCATION & DIRECTION
Address:
27-476 Indian Tree Rd, Papailcou,HI 96781
Hawaii Trop,cal
Botanical Garden Instruction:
1111
OnameaBay Italic Instruction will be sent to RSVP e-mail list.
9Hamaku _ :v
Erll iti P:l ® MaOData SOOmTerme keaorta rra a ror
Exhibit B
Photo depicts the Falls on Fire event location.
136
Teppy Mountain LLC
Notice of Violation & Order
PL-PCV-2023-00567
June 25, 2024
Page 8
Falls on Fire 2023
Afterburn Report
Overview
Falls o- Fire 2023 was our -augu-a ecet the first on Ha.,vaii since 2015. V.le sold ""1
and 81 par:ic cants s-ovec up -ad approxinte.1 :8 :here camps, a temple a"d an et
amplif ed music (2 camps), an ar installation (LED fd,s-rocT) and severa events in ',./a'ous camps.
Vie had three swimming spo:s accessible this year. We use:: Hawaiian words fo-animals mi—oring
Burning Man's 2023 A-imalia theme: "Keko Falls" :'Boncn Ace. 20 n—ute walk from the main site),
Manakuke Falls" (Mongoose, 5 minute walk)and -Moo Pool" (Gecko, 5 minute walk.)
Authorities and Neighbors
1-itial o-line research indicated :hat no permi:s were -eede,::: for a carapi g event on a-c A ca
to the Hawaii County Planning DeDartme-t conf rmed t-is T-e ind a a. a at the panni-c; z.epa :men:
suggested we notify the police as a courtesy. lie dic. our. o an of'.::.:er arc Both
apprec ated :-e heags-up, and sucges:ec we a so on
aurning art. Vie contacted the fire dec,artrre-t anc H.oa.me ow. -spec.-:ea :he area and
dicated that the risk of a wildfire was n—imal.
Prior :o the event we contacted all S homeowners on tY'e access road to e: them coo rio
on. We to p a':er the even: :c.) make sure we ,,,acre not :00 bo -enr.;ome. One c e
to hea-amplif h;,,: that it wasn't Dothe'some.
As is consis:el oca c...stoms. an ceremony ("asking the an::. : %' as held
prior to the event as part of the region's Burning Man Leadership Conference.
Exhibit C
Photo depicts the overview report for the 2023 Falls on Fire event.
137
Teppy Mountain LLC
Notice of Violation& Order
PL-PCV-2023-00567
June 25, 2024
Page 9
Gate and Ticketing
Our..a'-get was to have be'.v een 50 and "00 oa~ti. ipa'ts for the first ,year. Tickets were done a bit
ifferen: tha ' .,_+T ....rr + ti.:ip ;' t Ti s: RSV". and The they .Avere sent a I -k . he-e they
Id _ ei v cr P ,vPal. c the ...... Id . ,: cash at yie e• e "Pay ^yha: you can;
S50 suCPa!,"i'en:s .-anger from S' T.. : '00. 87 people RSVP c. and several more were added
I•anua Ile hbo s, °cals.) In all, 111E eco e .ere reciis:e'ed en -.-e pate ocened.
Gate was operated from 6 AM to 8 PM Friday and Saturday. The only time we had a (sma ) line was
between 7:00 PM and 8:00 PM on Friday. Next year we should extend Friday gate -ours a-til 9:00 or
10:00 PM and possibly shorten Saturday gate hours slightly. 81 partic,pants came :o the event.
Finances
Expenses 5412.28
Income 1424.00
Profit (Loss) 3988.00)
C..lirlr L7 Fallc nn Lira 7riOn Fvrnancr Rnnnrt felt- rlrNtnilc
Exhibit D
Photo depicts the suggested payment of$50 and a payment range from$1 to $100.
138
139
140
141
Mitchell D. Roth
Mayor
Deanna Sako
Managing Director
West Hawaii Office
74-5044 Ane Keohokalole Hwy
Kailua-Kona, Hawai`i 96740
Phone (808) 323-4770
Fax (808) 327-3563
November 4, 2024
Teppy Mountain LLC
4717 Middle Road
Allison Park, PA 15101-1174
Attention: Mr. Andy Tepper
Teppy Mountain LLC
Email:
Attention: Andy Tepper
Mr. John Pipan
Land Planning Hawaii LLC
194 Wiwoole St. Hilo, HI 96720
Email:
County of Hawai ' i
PLANNING DEPARTMENT
Dear Mr. Tepper and Mr. Pipan:
Zendo Kern
Director
Jeffrey W. Darrow
Deputy Director
East Hawai`i Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Phone (808) 961-8288
Fax (808) 961-8742
CERTIFIED MAIL
7021 2720 0001 6760 0955
SUBJECT: 2°d Daily Fines Letter and Warning Letter for New Event
Complaint:
Reference:
File No.:
TMK:
Unpermitted Event (Falls on Fire) and Overnight Accommodations
Notice of Violation and Order dated June 25, 2024 and Warning
of Holding New Scheduled Event Dated November 8-11, 2024
PL -PCV -2023-00567
3) 2- 7-007:001, 27-476 Indian Tree Rd. South Hilo, HI
We issued a Notice of Violation and Order (NOVO) to you with an administrative fine in the
sum of $5,500 dated June 25, 2024, for the unpermitted event known as "Falls on Fire" and
unpermitted overnight camping accommodations, which occurred in 2023. As stated in the
NOVO, you were instructed to remove all advertisements related to the upcoming 2024
unpermitted event known as "Falls on Fire" and receive a Special Permit before holding any
other unpermitted events. You have not complied with the NOVO and daily fines have been
accruing since July 10, 2024.
www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planningidthawaiicounty.gov
142
Teppy Mountain LLC
Attention: Andy Tepper
PL -PCV -2023-00567
November 4, 2024
Page 2
DAILY FINES
As of the date of this letter, your website (https://www.fallsonfire) continues to advertise the next
scheduled (Falls on Fire) event to be held on November 8-11, 2024. Please be advised that fines
for the initial violation have now accrued to $21,400.00, which includes the initial administrative
fine of $5,500.00 and the accumulated daily fines to the date of this letter, which are now being
assessed at $200.00 a day based on the Daily Fines Schedule as shown below. Fines will
continue to accrue until you notify this office that all advertisement has ceased or been removed
and that the scheduled (Falls on Fire) event shall not be held until a Special Permit is approved
by the Planning Commission. If you hold or allow the event without a Special Permit, we
shall assess fines to our fullest extent and may seek any and all remedies permitted by law
including the possibility of criminal prosecution.
Daily Fines: As you have previously been advised in writing, according to the County of
Hawai`i Planning Department Rules of Practice and Procedure Rule 9-5(d): When a violation is
not corrected by the deadline date set by the order, the Director may assess additional fines to a
maximum of $500 for each day that the violation remains uncorrected in accordance with the
following schedule:
Daily Fines
for Violations
First Three Months After Third
3rd) Month
After Sixth
6th) month
After Ninth
9th) Month
Initial Violation 100 200 300 500
First Repeated
Violation
200 300 400 500
Second Repeated
Violation
300 400 500
Third Repeated
Violation
400 500
Fourth (4th) and subsequent repeated violations will be assessed $500 per day of
additional daily fines from the date that the violation was to cease or be corrected, as set
forth in the order.
2ND WARNING
You are hereby being given a Second Warning to not hold the scheduled event on November 8-
11, 2024. If you choose to hold this event, we will consider this a First Repeated Violation with
new fines assessed to our fullest extent.
On multiple occasions this office has verbally instructed you and your planning consultant, John
Pipan, not to hold or allow the "Falls on Fire" event this year without a Special Permit. We have
143
Teppy Mountain LLC
Attention: Andy Tepper
PL -PCV -2023-00567
November 4, 2024
Page 3
provided you and your planning consultant with instructions and information about the Special
Permit process. A pending Special Permit application does not obviate the need for an approved
Special Permit prior to initiation of the event.
As you have been informed, the "Falls on Fire" event is not permitted without a Special Permit.
If you allow this event to occur, you will violate the Hawai'i County Zoning Code and will be
held liable for such violation.
RESOLUTION
To resolve this matter, you must do the following immediately, or daily fines will continue to
accrue as described above and Corporation Counsel may begin legal action against you:
1. Do not hold the scheduled (Falls on Fire) event on November 8-11, 2024, on the
subject property. Remove/disable all advertisements for this and any other scheduled
event(s). Immediately contact the Planning Inspector listed below to inform that the
advertisement has been removed or disabled and the event will not be held.
2. Pay all fines due to this office. Payment may be made only by cash, cashier's check,
or money order. Personal checks are not accepted. Make cashier's check or money
order payable to the "County Director of Finance". If you do not know the amount
you owe on the date you plan to pay, please contact this office for the amount due. As
a reminder, daily fines will continue to accrue.
We are informing you that this issue has been forwarded to the attention of the Office of
Corporation Counsel for any appropriate legal actions. Should you have any questions, please
feel free to contact Jeffrey W. Darrow, Deputy Planning Director, at ( 808) 961-8158 or Mark
Iwamoto, Planning Inspector, at ( 808) 961-8151.
Sincerely,
Jeffrey t i, [}arrcm (Nov a, 2024 i.1. 53 HST)
JEFFREY W. DARROW
Deputy Planning Director
cc (via email): Mayor Mitch D. Roth, mitchd.roth@hawaiicounty.gov
Jean Campbell, Office of Corporation Counsel
jeankcampbell@hawaiicounty.gov
144
Teppy Mountain LLC
Attention: Andy Tepper
PL -PCV -2023-00567
November 4, 2024
Page 4
cc (via email): Lerisa Heroldt, Office of Corporation Counsel
lerisaheroldt@hawaiicounty.gov
Benjamin Moszkowicz, Police Chief
Benjamin.moszkowicz@hawaiicounty.gov
Reed Mahuna, Deputy Chief of Police
Reed.mahuna@hawaiicounty.gov
Kazuo Todd, Fire Chief
Kazuo.todd@hawaiicounty.gov
145
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Teppy Mountain LLC
Attn: Mr. Andy Tepper
4717 Middle Road
Allison Park, PA 15101-1174
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□ □
County of Hawai‘i
BOARD OF APPEALS
Aupuni Center • 101 Pauahi, Suite 3 • Hilo, Hawai‘i 96720
(808) 961-8288 • Fax (808) 961-8742
GENERAL PETITION FOR APPEAL OF
DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR
(Type or legibly print the requested information. See instructions attached.)
TYPE OF PETITION (check one):
Appeal Decision of the Planning Director Appeal Decision of Director of Public Works
Area of Property:
County Zoning:
Date:
Email:
Date:
SUBJECT PROPERTY (land in question):
Tax Map Key (TMK):
State Land Use
Designation:
Street Address:
APPELLANT INFORMATION:
Name(s):
Signature(s):
Mailing Address:
Telephone:
Interest in Subject
Property:
LANDOWNER INFORMATION:
Name(s):
Signature(s)1:
Mailing Address:
Telephone: Email:
APPELLANT REPRESENTATIVE INFORMATION (leave blank if not applicable):
Name(s)/Title(s):
Signature(s): Date:
Mailing Address:
Telephone: Email:
1 Not required if the Landowner is not the Appellant.
\\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07 -PL or PW Dir.docx Revised April 2021
(3)2-7-007-001-0000 South Hilo
A A-20a
27-476 Indian Tree Rd.
Andrew Tepper, Owner of Teppy Mountain LLC
January 10, 2025
4717 Middle Road, Allison Park, PA 15101-1174
412-973-7914 teppy@egenesis.com
Owner of Teppy Mountian LLC, the entity which owns the subject property
Teppy Mountain LLC
January 10, 2025
4717 Middle Road, Allison Park, PA 15101-1174
412-973-7914 teppy@egenesis.com
Sara Vargas, Esq. of Vargas Law Hawai`i, LLLC
January 10, 2025
P.O. Box 320 Kealakekua, HI 96750
(808)987-6397 sara@vargaslawhawaii.com
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Statement of the nature of Appeal and the Relief Requested. Include Director’s decision and decision
date:
Statement of how the Director’s decision violates the law; or is clearly erroneous; or is arbitrary or
capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion:
Statement of any other relevant facts:
If there is insufficient space on this form to provide the information, then please include supplemental documents.
\\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07 -PL or PW Dir.docx Revised April 2021
See attached Exhibit "1"
See attached Exhibit "2"
See Exhibits "1" and "2" for detailed relevant facts.
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EXHIBIT “A”
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VARGAS LAW HAWAII, LLLC SARA B. VARGAS, 10821 PO Box 320
Kealakekua, HI 96750
Phone No. (808) 987-6397 sara@vargaslawhawaii.com Attorney for Appellant
STATEMENT OF THE NATURE OF THE APPEAL AND RELIEF REQUESTED I. NATURE OF APPEAL
This appeal comes before the Board after numerous attempts by the Appellant to remedy the
concerns of the Planning Department outside of the appeals process. The several actions taken,
starting June 25, 2024 to present, specifically the formal action taken on November 4, 2024 and
again on December 16, 2024, by the Planning Department Director Zendo Kern (hereinafter
“Director Kern”), and the Deputy Director Jeffrey Darrow (hereinafter “Deputy Director
Darrow”), on behalf of Director Kern and in his capacity as Interim DIrector, are retroactive
applications of the Hawai`i Revised Statutes which do not apply to the subject property or nature
of the event Falls on Fire, as this event has been established and determined to be characterized
as camping on private agriculturally zone land, consisting of far in excess of ten (10) acres.
These actions completely contradict the clear direction of the Planning Department to the
Appellant wherein it was stated to the Appellant by the Department that a Special Use permit
was not required to lawfully hold the event.
II. RELEIF REQUESTED
Based on the foregoing, Appellant respectfully requests that the findings and decisions of
Director Kern and Interim Director Darrow, in the Department’s continuing action against the
Appellant be reversed, and all imposed fines be returned to Appellant. Additionally, Appellant
respectfully requests that the Planning Department promulgate a clear, concise opinion as to the
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confusion referenced by Deputy Director Darrow. Furthermore, Appellant reserves the right to
request additional relief, as well as to make additional arguments before the Board of review.
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EXHIBIT “B”
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VARGAS LAW HAWAII, LLLC SARA B. VARGAS, 10821 PO Box 320
Kealakekua, HI 96750
Phone No. (808) 987-6397 sara@vargaslawhawaii.com Attorney for Appellant
STATEMENT OF HOW THE DIRECTOR’S DECISION VIOLATES THE LAW, IS ARBITRARY AND CAPRICIOUS, AND A CLEARLY UNWARRANTED EXERCISE OF DISCRETION
I. THE DIRECTOR’S DECISION IN THIS MATTER VIOLATES THE
APPLICABLE LAW
a. No Special Use Permit is required for the activities of the Falls on Fire Event
under State Law or the County code.
The first issue on appeal is whether the Planning Department has the authority under the
Hawai`i County Code to interfere with the Appellant’s right to enjoy and use the subject property
based on the language of the applicable statute and code. The Falls on Fire event is in every
essence “camping” in it’s colloquial meaning. The Land Study Bureau evaluated the subject
property and designated and classified the existing topographical ratings of C, D, and E.
Therefore, the applicable Hawai`i Revised Statute, H.R.S. § 205-4.5, governs the permissible
uses of the subject property, and states in pertinent part:
(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, D, E, or U shall be restricted to the uses permitted for agricultural districts as set
forth in section 205-5(b). (emphasis added)
H.R.S. § 205-4.5
The pertinent section of H.R.S. § 205-5(b) states:
(b) Within agricultural districts, uses compatible to the activities described in
section 205-2 as determined by the commission shall 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. Each county shall
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161
adopt ordinances setting forth procedures and requirements, including provisions for enforcement, penalties, and administrative oversight, for the review and permitting of agricultural tourism uses and activities as an accessory
use on a working farm, or farming operation as defined in section
165-2. (emphasis added)
H.R.S. § 205-5(b)
Based on the language provided and incorporated above, the applicable governing body of law
which the subject property shall be reviewed under pursuant to H.R.S. § 205-5(b) is Hawai`i
County Code Chapter 25, Division 7. Specifically, pursuant to Hawai`i County Code § 25-5-
72(a)(8), the Permitted uses of the subject property and other Agriculturally zoned parcels in
excess of ten (10) acres include “campgrounds,” see governing Hawai’i County Code Sections as
follows:
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.
H.C.C. § 25-5-70 Section 25-5-72. Permitted uses. (a) The following uses shall be permitted in the A district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under Section 25-4-15. (4) Animal Hospitals. (5) Apiaries.
(6) Aquaculture.
(7) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (8) Campgrounds, parks, playgrounds, tennis courts, swimming pools,
and other similar open area recreations facilities, where none of the
recreational features are entirely enclosed in a building. (9) Cemeteries and mausoleums, as permitted under chapter 6, article 1 od this code. (10) Crop production… (emphasis added)
H.C.C. § 25-5-72.
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Therefore, the activities of the Falls on Fire event taking place on the subject property fall
outside the purview of the intent applicable Hawai`i Revised Statue, and a Special Use Permit
process cannot be applied to the subject property or it’s temporary camping event.
II. THE DIRECTOR’S DECISION WAS ARBITRARY AND CAPRICIOUS AND AN
UNWARRANTED EXERCISE IN HIS DISCRETION. a. The Action taken by the County of Hawai`i Planning Department was and remains an arbitrary and capricious as well and unwarranted exercise in discretion.
It is undisputed that prior to holding the recent Falls on Fire events, Appellant was in contact
with the County of Hawai`i Planning Department, wherein Appellant inquired as to the whether
or not there was a permit of any kind was required for a camping event on Appellant’s private
land. The contact originated with County of Hawai`i Planner Sean Naleimaile, wherein Mr.
Naleimaile stated to Appellant that there was no requirement for the Falls on Fire event to obtain
any kind of permit, and furthermore instructed Appellant to provide courtesy notice to the
Hawaii County Police Department, as well as the Hawai`i County Fire Department the date,
time, and location the event would take place. All of this advice provided to the Appellant by Mr.
Naleimaile was heeded, and the events were held without issue of any kind.
It is worth noting that by its own admission, through the confirmation of Deputy Director
Darrow on May 20, 2024, the Planning Department lacks understanding of its own governing
body of law, with the following quote:
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163
“There is still confusion whether or not an applicant can even apply for a
Special Permit for an overnight campground from the State based on the recent
court ruling.”
Follow up on the issue was requested by the Appellant and Appellant’s counsel, to which an
opinion or reconciliation by the Planning Department or it’s Corporation Counsel was never
provided or disclosed. It is worth noting, subsequent to this filing, the Appellant also intends to
seek a Declaratory Ruling pursuant to Rule 3-1 of the County of Hawai`i Planning Department
Rules of Practice and Procedure.
After the passage of months after the event was held, Appellant was contacted by the
Planning Department and notified of “complaints” which were later clarified to consist mainly of
inquiries, wherein the Director took the subject action to retroactively review and determine a
violation had taken place with the Falls on Fire event. This action is arbitrary, as at the time of
the retroactive review, the decision fails to apply the applicable law as set forth in paragraph I(a)
of this Appeal. Additionally, the action appears capricious on its face, as the Planning
Department directed the Appellant to hold the event without application for the Special Use
Permit, or any permit for that matter, prior to the event. This action fails to take into
consideration all of the circumstances surrounding the event, the applicable State and County
law, as well as fails to take into account the direction of Director’s own staff, for which he is
solely responsible for all accountability and training thereof.
Furthermore, the clear lack of accounting of all circumstances in Former Director Kern’s
and Interim Director Darrow’s determinations to find a violation took place is also an
unequivocal showing of an unwarranted action. By its own admission, throughout the months
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164
leading up to the Director’s initial decision, and the months since the decision was made, there is
a clear confusion and lack of understanding of the applicable law upon which the Director relies.
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EXHIBIT “C”
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DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAII
DATE: November 29, 2024
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: Special Permit Application (PL -SPP -2024-000075)
Applicant: Teppy Mountain LLC
Request: To Allow the Operation of an Annual, Festival Event with
Overnight Camping for up to 500 Attendees and to
Legitimize the Storage of up to Six Work Trucks for
Commercial Use
TMK: 2- 7-007:001 por.
We have reviewed the subject request and provide the following comments:
1. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate
Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an
area determined to be outside the 500 -year floodplain.
We have no other comments since the request takes access from a privately owned road
and there are no open violations associated with this property. Questions may be referred
to Robyn Matsumoto at 961-8924.
County of Hawaii is an Equal Opportunity Provider and Employer
175
Mitchell D. Roth
r o;,,`, ..
Benjamin T. Moszkowicz
Mayor 1,Nei Police Chief
fir.1 ._MO..
Reed K. Mahuna
Deptur Pul,ce('iut'!
County of Hawai' i
POLICE DEPARTMENT
349 Kapi'olani Street • I lilo.I Iawai'i 96720- 3998
808)935-331I • Fax(808)961-2389
November 7, 2024 COH PLANNING DEFT
NOV 13 2024 AM 1 O:L8
TO JE FREY W. D RR UTY PLANNING DIRECTOFWD HAND DELIVERE:
FROM A. .ASSISTANT POLICE CHIEF, AREA I
PERATIONS B AU
SUBJECT: SPECIAL PERMIT APPLICATION (PL-SPP-2024-000075)
APPLICANT: TEPPY MOUNTAIN LLC
REQUEST: TO ALLOW THE OPERATION OF AN ANNUAL,
FESTIVAL EVENT WITH OVERNIGHT CAMPING FOR UP TO 500
ATTENDEES AND TO LEGITIMIZE THE STORAGE OF UP TO SIX
WORK TRUCKS FOR COMMERCIAL USE
TAX MAP KEY: (3) 2- 7-007:001 (POR.) PAPAIKOU, SOUTH HILO,
HAWAII
Staff, upon reviewing the provided documents, has concerns and objects to this
request without the proper approval and permitting from the appropriate
agencies involved due to the event activities described.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact our South Hilo District Commander,
Captain Brian Prudencio, at (808) 961-2316 or via email at
Brian.Prudencio@hawaiicounty.gov.
BP:ws/24HQ1048
I Iawai'i County is an Equal Opportunity.Provider and Employer"
176
JOSH GREEN, M.D.
GOVERNOR OF HAWAII
KE KIA'AINA 0 KA MOKU'AINA 0 HAWAI'I
MEMORANDUM
DATE: November 15, 2024
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
KENNETH S. FINK, M.D, MGA, MPH
DIRECTOR OF HEALTH
KA LUNA HO'OKELE
SUBJECT: Special Permit Application (PL -SPP -2024-000075)
Applicant: Teppy Mountain LLC
Request: To Allow the Operation of an Annual, Festival Event with
Overnight Camping for up to 500 Attendees and to Legitimize the
Storage of up to Six Work Trucks for Commercial Use
Tax Map Key: (3) 2-7-007:001 (por.); Papa`ikou, South Hilo, Hawai`i
In most cases, the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies, project owners, and their agents should apply Department of Health "Standard
Comments" regarding land use to their standard project comments in their submittal.
Standard comments can be found on the Land Use Planning Review section of the
Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact
information for each Branch/Office is available on that website.
Note: Agencies and project owners are responsible for adhering to all applicable
standard comments and obtaining proper and necessary permits before the
commencement of any work.
General summary comments have been included for your convenience. However, these
comments are not all-inclusive and do not substitute for review of and compliance with all
applicable standard comments for the various DOH individual programs.
Clean Air Branch
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
177
Zendo Kern
November 15, 2024
Page 2 of 4
Chapters 11-59 and 11-60.1.
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses, public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: https://health.hawaii.gov/epo/landuse/
Clean Water Branch
1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
https://health.hawaii.gov/cwb/clean-water-branch-home-
page/cwb- standard -comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas, harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation & Emergency Response Office
are at: https://health.hawaii.gov/epo/landuse/.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-
502,
11-503, and 11-504.
2. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, "Community Noise Control," shall not be exceeded unless a
noise permit is obtained from the Department of Health.
3. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos, the applicant should
contact the Asbestos and Lead Section of the Branch at
https://health.hawaii.gov/irhb/asbestos/.
Safe Drinking Water Branch 178
Zendo Kern
November 15, 2024
Page 3 of 4
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1) Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: https://health.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Solid & Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH -permitted solid waste management facilities. If possible, waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program — The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid & Hazardous Waste Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Wastewater Branch
For comments, please email the Wastewater Branch at doh.wwb@doh.hawaii.gov.
Sanitation / Local DOH Comments:
1. According to HAR § 11-26-35, No person, firm, or corporation shall demolish or
clear any structure without first ascertaining the presence or absence of rodents
that may endanger public health by dispersal from such premises. Should any
such inspection reveal the presence of rodents, the rodents shall be eradicated
before demolishing or clearing the structure. A demolition permit is required prior
to demolition.
179
Zendo Kern
November 15, 2024
Page 4 of 4
Other
1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers, planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
2. If new information is found or changes are made to your submittal, DOH reserves
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter, please contact the Department of
Health, Hawaii District Health Office, at (808) 933-0917.
180
LAND USE CO
Kor,a"krna o'ohcrna
M M Iss ON
DEPARTMENT_ OF BUSONESS, ECONOM (. DEVELOPMENT_ & TOUR SMI
krr '011)(mo Ilo'r_rrrioholo Po'oilrrrno, 'Irrii 1k/ori woi rr Ilo'rrrrirrkrnkrr'i
JOSH GREEN, MID.
GOVERNOR
SYLVIA LUKE
LT.. GOVERNOR
IDANIIIEL OROIDIENKER
LUC EXECUTIVE OFFICER
rE l i u i `>L'rEa l f'tM A(l(), I1(Dr)( lulu, I1,mr,l1'I U()1 L." 3
M;u11rv, cici Esr, 4'' (r 13E»( J."3 ,U, I Ir>r)OUu, l larrr,,:.di'1 9E"r804
1 irr;,:.:111 AciciiEss E11x E11 luE vvE l:lwlnivvall A;r>v
November 12, 2024
County of Hawaii"i
Harming Department
101 Paualhii Street, Suite 3
Hiilla, Hawaii"ii 96720
pIlaununliunq(WhawacouuunLy.gcv
E IE 1aPx;ix (808) .587-3822
808) .587-3827
VVEAIrnit,
SUBJECT: Comments on Special Permit AppIliicatiioim PL -SPP -2624-000075 for Teppy
Mountain LLC (Fans on Fire) on TMK: (3) 2- 7-007:001 (pair.)
Dear Christian Kay:
Thank you for providing the Land Use Commission ("LUC or Commission") with the
Special Permit AppIliicatiioim PL -SPP -2624-000075 for Teppy Mountain LLC (Fans on Fire
Event) on TMK: (3) 2-7-007:001 (pair.). The application its requesting a Special Permit to
host an annual four (4) — day event with overnight camping on a portion of the property,
and to allow vehiiclle storage on the property for up to six (6) trucks. LUC staff has
reviewed the application and provides the following comments::
Hawarii Revised Statute ("HRS") §265.-4.5 irellatiiimg to peirmmiissiilblle uses within the
agiriiculltuirall districts, specifically, §265.-4.5( a)( 6) which states that overnight camps are
not a peirmmiissiilblle use in the Agiriiculltuirall District.
Further, pursuant to Ho`ommoaima IFouimdatiioim v. Land Use Commission (GAAP. -17.-
0000173 GAAP• -17-0000181), The Hawaii"ii Supreme Court Ihelld that uses expresslly not
peirmmiissiilblle in the state agiriiculltuirall district need to be addressed in a district boundary
amendment proceeding, rather than through special permits.
Pursuant to Hawaiil Revised Statutes §265.-12 and irellevaimt court cases, the County of
Hawaiil Harming Department has the authority to enforce HRS §265.-4.5.
Slhoulld you have any questions, pease contact our office, at (808) 587-3822 or via
emmaiiII atbedLllucwelh.(WIhawelili.c,,, ov
181
Special Permit AppIliicetiioin PL -SPP -2024-000075
November 12, 2024
Page 2
Siiinceirelly,
I eimiiell Orodenker
Executive Officer
Land Use Commission
State of Heweiil
182
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194 Wiwoole St. Hilo, HI 96720 (808) 333-3393
info@landplanninghawaii.com January 9, 2025
Mr. Jeffrey Darrow Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720
Dear Mr. Darrow: Subject: Attn: Christian Kay Response to Comments and Additional Information Regarding Special Permit Application (PL-SPP-2024-000075) Applicant: Teppy Mountain LLC Agent: Land Planning Hawaii LLC Pāpaʻikou, South Hilo, Hawaii TMK: (3) 2-7-007:001 (por)____________
This letter is intended to address questions/concerns expressed by the Planning Department as well as comments received from other agencies with regard to the subject application. This application requests a Special Permit to host an annual four (4) – day event with overnight camping on a portion of the subject property. The application also requests
approval to store up to six work vehicles on the property as well. The property is located at
the top of Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road in Pāpaʻikou, South Hilo, Hawai‘i. In response to a November 7, 2024 memo sent from the County of Hawaiʻi Police
Department, the applicant will not hold the proposed event until proper approvals and
permits are issued. The applicant is currently going through the Special Permit process in order to obtain the necessary approvals. Additionally, prior to the annual event, the applicant will notify the Planning Department, the Police Department and the Fire Department of the proposed event dates, anticipated number of attendees and anticipated number of vehicles.
The applicant will also review his event security plans with the Police Department prior to
each event. Currently, the security plans involve having approximately 4-10 “rangers” on site, depending on how many attendees are anticipated. The rangers are individuals trained to watch out for and de-escalate conflicts. The rangers will call the appropriate authorities should a situation arise which cannot be safely resolved. All parking will be on-site and no
attendees will be permitted to park along the roadway.
The applicant will also notify his immediate neighbors and all landowners along Indian Tree Road prior to the event via email. Should any complaints be received from neighbors during the event, the applicant will be available to hear those complaints and will immediately
address all reasonable complaints. Any attendees found to be disorderly or disruptive will be
ordered to leave the event and will not be permitted back to the event in subsequent years. Comments received from the State of Hawaiʻi Land Use Commission dated November 12, 2024, and the State of Hawaiʻi Office of Planning and Sustainable Development (OPSD)
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dated November 26, 2024 note that Hawaiʻi Revised Statutes Section 205-4.5(a)(6) states that overnight camps are not a permissible use in the Agricultural District. However, it is noted that this statute pertains only to lands within the agricultural district with soil classified by the land study bureau’s overall productivity rating scale as class A or B. Since
the subject property contains only soils classified as C, D or E, this statute does not apply. Thus, overnight camping is not expressly not permissible on the subject property and a district boundary amendment should not be required in order for the County to issue the Special Permit.
The OPSD also suggests limiting the requested camping event to an annual event. It is noted that the applicant only wishes to hold one event annually. As noted in the background report submitted with the application, the applicant had originally planned to hold the event annually in November. However, the applicant would like to reserve the opportunity to hold the event during other months of year under the strict condition that no more than one (1)
event may be held within any calendar year. With regard to the offering of food during the event. Attendees will be responsible for bringing their own provisions and camping supplies. Many attendees choose to bring extra food supplies to share with the other campers. In the spirit of inclusion and gifting, any such
food items are freely shared and are not for distribution at retail or wholesale to the public. Thus, such sharing of food is not considered a food establishment as defined and regulated by the Department of Health under Chapter 11-50. As the event will only be held annually, if determined necessary, the applicant will pursue a special event food permit as needed prior to the event.
We trust that everything is in order for your acceptance and processing of this additional information. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much.
Sincerely,
John Pipan
Planning Administrator
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From:Lichun Huang
To:WPCtestimony
Subject:Written Testimony oppose application TEPPY MOUNTAIN, LLC (PL-SPP-2024-000075)
Date:Saturday, January 18, 2025 2:25:02 PM
Written Testimony PL-SPP-2024-000075
Position: oppose
Who We Are:
We are a husband-and-wife team operating Pinapinao Farm, LLC, a small, diversified fruitfarm. Our farm is a proud recipient of the 2024 GoFarm Hawaii American AgCredit Matching
Grant and the NRCS EQIP.
Our Location:Our farm and residence are located between the subject property and Hawaii Belt Road. Theproposed "camping" and "vehicle storage" activities would utilize a private easement thatbisects our property (0.26 miles of a 0.7-mile stretch) as the sole access to Hawaii Belt Road.
The Situation:Our farmable land is a narrow 10-acre strip flanked by gulches and bisected by the easement
road. This road serves as the primary access to our orchards, pasture, and barn and is essentialfor transporting inputs and harvests. As a private road, it lacks police oversight, a maintenance
agreement, or HOA management.While we, the servient property owners, maintain the road with limited farm equipment,
dominant easement users—including those running non-farm businesses—enjoy free roadservices. We have experienced theft, trespassing, vandalism, bullying, and numerous near-
miss incidents threatening our safety. The approximately 12-foot-wide pavement has eroded atthe edges and along shallow ditches. Contrary to the applicant's claim of "a few potholes," the
road's condition is severely degraded.
Negative Impact:The proposed "camping" event and semi-truck "storage" activities pose serious risks to ourfarm, residence, and the surrounding community:
1. Safety and Security Risks: Increased traffic, reckless driving, and lack of oversight
jeopardize road safety.
2. Environmental Harm: Similar unpermitted activities have already caused soil erosion,
pollution, and damage to roadside vegetation.
3. Farm Disruption: Heavy vehicle traffic and camping events overlap with our peak
cacao harvest season, creating logistical challenges and exposing our crops to damage.
Specific Concerns
A. Camping Event:We oppose the applicant's camping event, marketed as "Falls On Fire," due to itsenvironmental, safety, and community impacts:
1. Misleading and Incomplete Information:
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The event is promoted as a "Burning Man"-style gathering emphasizing "radical self-
expression," which raises concerns about illegal activities like drug use and unruly
behavior.
2. Irresponsible Behavior:
Despite a county cease-and-desist letter, the applicant held the 2024 event without a
permit.
3. Inadequate Infrastructure:
Indian Tree Road is a 12-foot-wide private driveway lacking maintenance agreements,
police oversight, and capacity for heavy traffic. (Easement users already complain about
existing traffic without additional trucks/events.)
The intersection with Hawaii Belt Road, in a 55-mph zone, poses significant accident
risks.
4. Environmental Impact:
Burning activities release unknown chemicals into the air.
Campfires generate smoke that travels downhill and lingers in our valley, creating
health and safety hazards.
The area is surrounded by potential fire fuel, including eucalyptus and guinea grass,
posing extreme danger under favorable weather conditions.
5. Safety and Security Risks:
The event invites the public without background checks, exposing residents to potential
criminal activity.
The servient property owners and the county would bear the burden of managing safety
for attendees.
B. Gravel Truck "Storage":The proposed "storage" is misleading, as the semi-trucks would remain operational. Therancher operates "Indian Tree Ranch and Rental LLC," effectively requesting permission torun a heavy equipment rental business in an agricultural zone, violating zoning regulations.
1. Previous Zoning Violations:
The rancher has previously been cited for using the ranch to operate heavy equipment
rentals (Warning letter ZCV 2021- 015E).
2. Road Damage:
Heavy trucks have already caused significant road damage, including unauthorized
removal of speed bumps near our residence by the rancher and worsening drainage
issues.
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No dominant easement users, particularly the heaviest user, the applicant or rancher,
contributed to the proper repair of the road.
3. Air Pollution:
Diesel trucks emit toxic chemicals that harm our health, pollute crops, and degrade air
quality. The rancher's truck is particularly polluting (Picture below) showing “Indian
Tree Ranch and Rental” does not take care of its fleet of vehicles despite multiple
communication channels (through the applicant landowner, neighbor and police).
4. Unfair Advantage:
Operating a rental business in an ag zone exploits subsidies and tax benefits intended for
farmers, undermining competitors who comply with industrial zoning requirements.
Incorrect reference for easement grant
The easement grant attached to the application references Easement 6, which lies entirely
north of Kawainui. Therefore, the application is inaccurate and incomplete in the accessinformation.
Conclusion:We oppose this application in its current form. The information is incomplete and misleading.The proposed activities jeopardize our safety, disrupt farming operations, and conflict with thecounty's agricultural priorities, particularly given Hawaii's food insecurity and environmentalchallenges.
Security camera next to our cacao processing building captured an image of heavy exhaust emission on our farm by a truck used by “Indian
Tree Ranch and Rental.” This is one of the documented events out of 177 (dark smoke thick enough to obscure visibility behind the truck) in
the past year alone. The black soot contaminates the food we produce and jeopardizes our health.
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Sincerely,
Lichun Huang
Pinapinao Farm LLC
27-380 Indian Tree RoadPapaikou, HI 96781
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BEFORE THE WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow,
Planning Director.
Special Permit Application PL-SPP-2024-
000075
PL-CCH-2025-000025
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
document was served upon the parties identified below by electronic mail service
pursuant to Planning Commission Rule 4-3 on November 6, 2025.
Delivered via electronic mail (e-mail):
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
E-mail: sherrybroder@sherrybroder.com
Hearings Officer
James McMahon and Lichun Huang
P.O. Box 340
Pāpa’ikou, HI 96781
Email: jimlichun@gmail.com
Intervenor
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Jeffrey W. Darrow
101 Pauahi Street, Suite 3
Hilo, HI 96720
Email: jeff.darrow@hawaiicounty.gov
Planning Director
Jean Campbell, Esq.
Corporation Counsel
County of Hawai‘i
101 Aupuni Street, Suite 325
Hilo, HI 96720
E-mail: jeank.campbell@hawaiicounty.gov
Attorney for Planning Director
DATED: Honolulu, Hawai‘i, November 6, 2025.
CADES SCHUTTE
A Limited Liability Law Partnership
/s/ Jacob M. Honigman
CALVERT G. CHIPCHASE
JACOB M. HONIGMAN
Attorneys for Applicant
TEPPY MOUNTAIN LLC
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CADES SCHUTTE
A Limited Liability Law Partnership
CALVERT G. CHIPCHASE 7757
JACOB M. HONIGMAN 12050
1000 Bishop Street, Suite 1200
Honolulu, HI 96813
Telephone: (808) 521-9200
Fax: (808) 521-9210
Email: cchipchase@cades.com
jhonigman@cades.com
Attorneys for Applicant
TEPPY MOUNTAIN LLC
BEFORE THE WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow,
Planning Director.
Special Permit Application PL-SPP-2024-
000075
PL-CCH-2025-000025
CONTESTED CASE HEARING BRIEF OF
APPLICANT TEPPY MOUNTAIN LLC;
CERTIFICATE OF SERVICE
Contested Case Hearing
Date: November 13, 2025
Time: 9:00 a.m. HST
CONTESTED CASE HEARING BRIEF OF
APPLICANT TEPPY MOUNTAIN LLC
I.INTRODUCTION
Applicant seeks a Special Permit for a gathering whose purpose is to provide a
beautiful, natural, pastoral backdrop in which visitors and residents alike can
celebrate art and self-expression. The gathering’s attendees will do so in a manner
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that emphasizes civic responsibility, respect for the environment and the practice of
“leave no trace.” They will bring their own supplies, clean up after themselves, and
endeavor to leave the environment in a better state than it was found. Applicant also
requests that the Special Permit authorize the utilization of a 0.46-acre area for
storage of vehicles owned by the rancher who leases the area from him, and uses the
vehicles in conjunction with the ongoing ranching activities on the property.
The County of Hawaiʻi Planning Department (the “Planning Department”)
reviewed Applicant’s Special Permit Application and recommended that it be
approved, finding that it would be consistent with the objectives sought to be
accomplished by the Land Use Law and Regulations. The Planning Department
recommended a list of conditions of approval, with which Applicant is committed to
comply. Applicant respectfully requests that the Hearings Officer consider and follow
the Planning Department’s Recommendation (the “Recommendation”), and
recommend that the Windward Planning Commission approve the application and
issue the Special Permit.
II. LEGAL STANDARD
Pursuant to HRS § 205-6(a), the Planning Commission “may permit certain
unusual and reasonable uses within agricultural and rural districts other than those
for which the district is classified.” HRS § 205-6(c) provides that the Planning
Commission “may, under such protective restrictions as may be deemed necessary,
permit the desired use, but only when the use would promote the effectiveness and
objectives of this chapter; provided that a use proposed for designated important
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agricultural lands shall not conflict with any part of this chapter.”
The Planning Commission Rules of Practice and Procedure, in Section 6-
3(b)(5), provide that the following criteria are to be considered in determining
whether to grant a Special Permit:
(A) Such use shall not be contrary to the objectives sought to be
accomplished by Land Use Law and Regulations;
(B) The desired use shall 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.
(D) Unusual conditions, trends, and needs have arisen since district
boundaries and regulations were established.
(E) The land upon which the proposed use is sought is unsuited for the uses
permitted within the district.
(F) The proposed use will not substantially alter or change the essential
character of the land and the 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.
III. ARGUMENT
A. The proposed gathering is a reasonable use, consistent with the
objectives of the Land Use law.
The Planning Department correctly recommended that the request to allow the
gathering be approved, finding that it would be consistent with the objectives sought
to be accomplished by the Land Use Law and Regulations.
The Recommendation sets forth how each one of the criteria of the Planning
Commission Rules are met.
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With regard to the intent to preserve, protect, and encourage the development
of land in the agricultural district for agricultural use, the Recommendation
concluded that because “the Special Permit request involves only a small portion of
the property (1% of the total land area), that the festival use is infrequent (occurring
only once a year for a four-day duration), and that Applicant is not proposing any
permanent structures or ground disturbance, the request is unlikely to impact the
long-term agricultural potential of the land.” Recommendation at 5-6.
With regard to any adverse effects on surrounding properties, the
Recommendation noted that Applicant has agreed to repair any road damage related
to the gathering, to direct all amplified sound toward the bulk remainder of his 1,419-
acre parcel and away from any neighboring dwellings, and that Applicant had agreed
to put measures into place to address concerns related to security and the potential
for disruption. Recommendation at 6-8.
With regard to burden on public agencies, the Recommendation concluded that
the gathering “will not burden public agencies to provide additional services.”
Recommendation at 8-10.
With regard to changes that occurred since district boundaries and regulations
were established, the Recommendation noted that “demand has increased for venues
to host special events in natural settings” and that the gathering would “provid[e]
event guests an opportunity to enjoy an event venue on a small portion of a working
ranch.” Recommendation at 10-11.
With regard to the suitability of the land for uses permitted within the district,
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the Recommendation noted that while the land is suitable for agricultural uses, in
light of the fact that the land “will only be used for the proposed festival once a year
for four days, and Applicant will not construct any permanent structures or cause
new land disturbance related to the festival use, the proposed use will not adversely
affect the long-term agricultural potential of the land.” Recommendation at 11.
With regard to alteration of the essential character of the land and the present
use, the Recommendation concluded that “any changes to the character of the land
will not be obvious from outside the property and will remain short-term in nature.”
Recommendation at 11.
Finally, with regard to consistency with the General Plan and other plans, the
Recommendation concluded that approval of the gathering would support the goals
of the General Plan, and set forth how it would support a number of those goals (as
discussed in more detail in Section III.C, infra). Recommendation at 12.
B. The proposed vehicle storage is a reasonable use, consistent with
the objectives of the Land Use law.
Similarly, the Planning Department correctly recommended that the request
to allow a small (0.46-acre) portion of the property to be used to store up to six
commercial vehicles primarily used for cattle ranching purposes be approved, finding
that it would be consistent with the objectives sought to be accomplished by the Land
Use Law and Regulations.
The Recommendation noted that the area on which the vehicles are stored is
utilized by the rancher who leases 1,000 acres of the property for his cattle ranching
operation, and thus much of the equipment’s use is for on-site agricultural purposes,
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and “[t]he legitimization of the use is necessary under the requested Special Permit.”
Moreover, for the reasons set forth in more detail in the preceding section, the
Recommendation concluded that the requested vehicle storage use would be
consistent with each one of the criteria set forth in the Planning Commission Rules.
C. The proposed uses are conducive to the objectives of the Hawai‘i
County General Plan and Hāmākua Community Development Plan.
As set forth in detail in Applicant’s Special Permit Application, the proposal is
conducive to the Hawai‘i County General Plan’s guidelines, as it conforms to a
number of the General Plan’s goals, policies, and standards.
The General Plan includes various categories of goals and policies, and the
proposal is conducive to many of them. For example, it will “[e]ncourage the
development of a visitor industry that is in harmony with the social, physical, and
economic goals of the residents of the County,” and it will “[p]rovide residents with
opportunities to improve their quality of life through economic development that
enhances the County’s natural and social environment,” both of which are among the
General Plan’s “Economic Goals and Policies.” It will also “[m]aximize opportunities
for present and future generations to appreciate and enjoy natural and scenic
beauty,” which is among the General Plan’s “Natural Beauty Goals and Policies.”
The proposal is also conducive to the Hāmākua Community Development Plan,
which attempts to further define the General Plan and serve as a guide for decision-
makers. The Hāmākua Community Development Plan includes various objectives,
and the proposal is conducive to many of them. To highlight one in particular, it will
advance Objective 13: “Promote appropriate rural tourism that welcomes guests for
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an alternative visitor experience. Promote Hawaiʻi’s host culture and Hāmākua’s
heritage, including historic roads and plantation towns, and festivals that celebrate
our rich multi-cultural music, art and agriculture.”
D. Applicant is willing to abide by all conditions of approval of the
Special Permit.
The Planning Department’s Recommendation sets out a list of conditions to
which it recommends approval of the Special Permit be made subject.
Recommendation at 14-18. Applicant is, of course, fully committed to meeting all of
these conditions, as well as any other conditions that become part of an approved
Special Permit.
Applicant would like to highlight several conditions that are particularly
relevant to concerns that have been expressed by members of the community:
- The Planning Department recommends, and Applicant agrees, that
“Applicant shall conduct and document a pre-use roadway condition
assessment, including photo/video documentation of roadway conditions,”
and “repair any damages to Indian Tree Road caused by festival traffic” as
well as “any damages related to the heavy equipment rental/hauling
operation at least once per year.” Recommendation at 15 (para. 7).
- The Planning Department recommends, and Applicant agrees, that
Applicant shall notify neighbors of the event, “provide . . . contact
information to communicate nuisance complaints,” and “address
complaints during the event, taking immediate action on reasonable
concerns.” Recommendation at 16 (para. 9).
- The Planning Department recommends, and Applicant agrees, that
Applicant shall comply with Fire Code regarding both the gathering and the
vehicle storage, “which may include improvements of roadways to Fire
Department Access Road standards and installation of sufficient water storage
for fire suppression.” Recommendation at 17 (para. 14).
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IV. CONCLUSION
For the foregoing reasons, Applicant respectfully requests that the Hearings
Officer consider and follow the Planning Department’s Recommendation, and that
she recommend the Windward Planning Commission approve the application and
issue the Special Permit.
DATED: Honolulu, Hawai‘i, November 6, 2025.
CADES SCHUTTE
A Limited Liability Law Partnership
/s/ Jacob M. Honigman
CALVERT G. CHIPCHASE
JACOB M. HONIGMAN
Attorneys for Applicant
TEPPY MOUNTAIN LLC
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BEFORE THE WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
Teppy Mountain LLC,
Applicant,
James McMahon and Lichun Huang,
Intervenor,
Jeffrey W. Darrow,
Planning Director.
Special Permit Application PL-SPP-2024-
000075
PL-CCH-2025-000025
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
document was served upon the parties identified below by electronic mail service
pursuant to Planning Commission Rule 4-3 on November 6, 2025.
Delivered via electronic mail (e-mail):
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
E-mail: sherrybroder@sherrybroder.com
Hearings Officer
James McMahon and Lichun Huang
P.O. Box 340
Pāpa’ikou, HI 96781
Email: jimlichun@gmail.com
Intervenor
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Jeffrey W. Darrow
101 Pauahi Street, Suite 3
Hilo, HI 96720
Email: jeff.darrow@hawaiicounty.gov
Planning Director
Jean Campbell, Esq.
Corporation Counsel
County of Hawai‘i
101 Aupuni Street, Suite 325
Hilo, HI 96720
E-mail: jeank.campbell@hawaiicounty.gov
Attorney for Planning Director
DATED: Honolulu, Hawai‘i, November 6, 2025.
CADES SCHUTTE
A Limited Liability Law Partnership
/s/ Jacob M. Honigman
CALVERT G. CHIPCHASE
JACOB M. HONIGMAN
Attorneys for Applicant
TEPPY MOUNTAIN LLC
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James McMahon and Lichun Huang
P.O. Box 340
Pāpa’ikou, HI 96781
Email: jimlichun@gmail.com
Intervenors for Special Permit Application PL-SPP-2024-000075 in Contested Case Hearing
PL-CCH-2025-000025.
Hearing Date: 13 Nov 2025
Hearing Time: 9:00AM HST
Witness List for the Intervenor
1. James McMahon, Intervenor
Testimony: General Background: Surrounding community, previous issues with
unpermitted uses taking place on the applicant’s property and impacts to the
intervenors and other surrounding properties. Review of similar previous Special
Permit Applications.
2. Lichun Huang, Intervenor
a. Testimony: Overview of the Intervenor's farm operations and impacts from
proposed uses in Special Permit Application
The Intervenors reserves the right to examine all witnesses called by Applicants and the
Planning Director to testify at the hearing and any witnesses identified in the Applicant’s
and the Planning Director’s witness lists.
This witness list is submitted pursuant to the Hearings Officer’s Amended Scheduling Order
dated November 3, 2025.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was
served upon the parties identified below by electronic mail service pursuant to Planning
Commission Rule 4-3 on November 10, 2025.
Delivered via electronic mail (e-mail):
Teppy Mountain LLC
c/o Andrew Tepper
4717 Middle Road
Allison Park, PA 15101
Email: teppy@egenesis.com
Applicant
Cal Chipchase
Jake Honigman
Cades Shutte LLP
1000 Bishop Street, Suite 1200
Honolulu, HI 96813
Email: cchipchase@cades.com
jhonigman@cades.com
Attorney for Applicant
Jeffrey W. Darrow, Planning Director
101 Pauahi Street, Suite 3
Hilo, HI 96720
VIA EMAIL: jeff.darrow@hawaiicounty.gov
Jean Campbell, Esq., Deputy Corporation Counsel for Planning Department
101 Aupuni Street, Unit 325
Hilo, HI 96720
VIA EMAIL: jeank.campbell@hawaiicounty.gov
Attorney for the Planning Director
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
Email: sherrybroder@sherrybroder.com
Hearings Officer
Dated: Papaikou, Hawaiʻi, November 10, 2025.
James McMahon and Lichun Huang
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P.O. Box 340
Pāpa’ikou, HI 96781
Email: jimlichun@gmail.com
Intervenors
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SPP Location - Indian Tree Road Area
Base Map Source: Hawaii County - Real Property Tax Office
Teppy Mountain LLC
(Applicant)
Falls on FIre
Event Location
Equipment
Storage Area
Huang-McMahon Property
(Intervenor)
Residence
Indian Tree
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(Private)
Kalaoa Camp Road
(Private)
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Huang-McMahon Property Detail
Base Map Source: Google Maps
To:
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Indian Tree and other Related Nearby Road Easements
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Alderson
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Teppy
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Pinapinao
Farm
-Cacao
Processing
2024 AAC/GFH Grant
Presentations
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Location
•Hamakua Coast “Cacao Belt”
•450-550 ft elevation
•Annual Rainfall: 140 inches
•Previously Tropical Rain Forest
•609 Mature Cacao Trees +
Banana + companion trees
Pinapinao Farm
•LLC registration submitted
•Missions
1.Food Production
2.Wildlife Conservation
yyg
Farm Map
4 acres
Current
>600 Producing
Trees
Agroforestry
1.5 acres
New Orchard
51 Young Ulu 12
Young Cacao
NRCS Planned
Site 2024
4.5 acres
Future Orchard
and/or Native
Plants
New Cacao
Storage and
Processing
Facility
yyz
Our Farm
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History
Year Milestones Training/Grant Community
2020 Land purchase
2021 Acquired two Kubota
Tractors and a Scag mower
Cacao: 1000 lb
GoFarm Cohort 5
Big Island
2022 Greenhouse built
Cacao: 2000 lb
Jana Bogs soil
nutrition trial
HCCA, HTFG Conerences
2023 Multiple use farm building
Cacao: 4000 lb
GoFarm Orchard
Big Island
HTFG Conference
2024 Additional irrigation water
storage and pinapinao
habitat
NRCS EQIP Grant East Hawaii Cacao
Association Festival, HCCA
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Organization Chart
Lichun Huang
BS Agricultural Chemistry,
Food Science Group, NTU
Transferrable Skills:
>25 years in Analytical
Chemistry, GMP
manufacturing, Quality
and Regulatory (FDA)
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Proposed Equipment
228
3050 Maile Way, Gilmore 115, Honolulu, Hawai’i 96822
Telephone: (808) 956-3530, Facsimile: (808) 956-3547, Web site: www.gofarmhawaii.org
An Equal Opportunity/Affirmative Action Institution
GoFarm Hawai‘i
University of Hawai‘i at Manoa
3190 Maile Way, St. John #503
Honolulu, HI 96822
Lichun Huan
Papaikou, HI 96781
August 23, 2024
Re: GoFarm Hawaii American AgCredit Matching Grant Program Award Letter
Aloha Lichun,
Congratulations! On behalf of GoFarm Hawaii (GFH), it is my pleasure to inform you that your
proposal has been recommended for funding in the amount of $9,500. Please take the time to go over
this letter in its entirety as it contains key information for the successful execution of your award.
Funds Usage
Funds must be used to support your agricultural business as outlined in your grant application.
Commitments
By accepting the award, you agree to the following for a period of 5 years:
•You will complete 10 hours of continuing agriculture or business education annually.
•You will support the agricultural industry through 10 hours of community service annually.
This can be done through hosting educational activities on your farm, by participating as a
panelist on an educational session, or mentoring others in the industry.
•You will meet with GFH on a semi-annual basis. At each meeting (on-site or virtual), you will
1) discuss your business progress, 2) provide GFH with business financial information, and 3)
provide evidence of continuing education and community service.
•You agree to the ongoing sharing of information about your business performance with
members of the GFH Grant selection committee, GFH AgBusiness Team, and the donor so
they are able to evaluate progress and impact.
HH8
W-9
To receive funds, you must complete and submit a W-9 form. Please note that funds will be
distributed by the University of Hawaii Foundation. You will receive a 1099 form and are responsible
for reporting this income and paying related taxes.
Matching Funds
Please provide evidence of your matching funds. Sufficient evidence can be satisfied by providing a
recent bank statement or evidence of funding from another source.
Should you have any questions, please contact Erik Shimizu at erikms@hawaii.edu or 808-225-6620.
Sincerely,
Janel Yamamoto
Director
GoFarm Hawai‘i
miC
I, Lichun Huang, accept the GoFarm Hawaii American AgCredit Matching Grant Program Award. I
agree to the following:
•I will use funds to support my agricultural business as outlined in my grant application.
•I agree to the commitments outlined in the Award Letter dated August 9, 2024.
•The W-9 and Matching Funds information is genuine and accurate.
Lichun Huang Date
786
Sherry Broder <sherrybroder@gmail.com>
Re: Contested Case Proceedings | Exhibit List from Intervenors - PL-CCH-2025-
000025 James McMahon and Lichun Huang
1 message
Jim and Lichun <jimlichun@gmail.com>Thu, Nov 6, 2025 at 3:52 PM
To: "Dacayanan, Melissa" <Melissa.Dacayanan@hawaiicounty.gov>, sherry broder <sherrybroder@sherrybroder.com>, "Ley,
Rachelle" <Rachelle.Ley@hawaiicounty.gov>, "Jackson, Maija" <Maija.Jackson@hawaiicounty.gov>, "Campbell, Jean K"
<JeanK.Campbell@hawaiicounty.gov>, "Darrow, Jeff" <Jeff.Darrow@hawaiicounty.gov>, "Calvert Chipchase Esq."
<cchipchase@cades.com>, jhonigman@cades.com
Additional Exhibits
Exhibit-H attached
Exhibit-E Will not pass through our email system - It is following published paper
Farm-to-bar and bean-to-bar chocolate on Kaua‘i and the Big Island, Hawai‘i: an industry profile and quality
considerations by Ryan E. Galt In Fermented landscapes: lively processes of socio-environmental
transformation (2020), edited by Colleen Myles, pp. 173-218. Lincoln: University of Nebraska Press.
Best Regards
Jim McMahon & Lichun Huang
On Thu, Nov 6, 2025 at 3:43 PM Jim and Lichun <jimlichun@gmail.com> wrote:
Please find attached our exhibit list and the exhibits themselves for the contested case hearing on Nov 13, 2025.
Please note that 2 of our exhibits are too large for our email system and will be attached in separate emails.
Regards
Jim McMahon and Lichun Huang
--
Jim & Lichun
--
Jim & Lichun
EX-H - Photos - Indian Tree Road - Baseyard Use.pdf
13643K
232
233
234
Indian Tree Road
Heavy Equipment Baseyard Operations
Examples of Traffic and Impacts
***All Vehicle Images taken on Intervenor’s Property or that of Servient Road
Easement
235
Indian Tree Ranch & Rentals LLC (ITR) Truck with Dozer
236
ITR Truck and Large Backhoe
237
ITR - Roller
238
ITR Truck with Telehandler
239
ITR - Skid Steer
240
ITR Dump Truck
241
ITR Dump Trucks
242
ITR Dump Trucks Off Pavement - Neighbor’s Lot
243
Service and Support Vehicles - Fuel Delivery
244
Service & Support - Truck Tire Delivery
245
Impacts - Air Pollution 1
246
Impacts - Air Pollution 2
247
Impacts - Noise - Due to Excessive Use of “Jake” Brakes
248
Impacts - Road Surface Damage
249
Impacts - Road Shoulder Damage
250
Impacts - Road Damage
251
Impacts - Road Damage
252
Indian Tree Road
Falls on Fire Use
Examples of Traffic and Impacts
***All Vehicle images taken on Intervenor’s Property during previous events
253
Setup - Hauling Porta Potties (2025)
254
Setup - Hauling Materials for Effigy to be Burned
255
Traffic Entering during the Evening
256
Pirate Ship?
257
Summary from Security Camera Traffic Logs (2024 Event)
● Estimate 500-600 vehicles entered or exited Indian Tree Road between Nov 6
and Nov 13 associated with Falls of Fire
● ~200 Unique Vehicles
258
Falls on Fire 2024 Event
Pictures
259
Images From
https://www.facebook.com/1412545729/videos/pcb.10235
475146365298/1114658553424336
260
261
262
263
Image From Falls on FIre
Facebook Group:
https://www.facebook.com/
groups/1188320272268962
264
THIS IS JUST A GUIDE, REFERENCE, AND NOT TAILORED TO YOUR
SPECIFIC NEEDS.
WHEN/WHERE IS FALLS ON FIRE?
Request your dates off if you haven’t! Falls on Fire is the weekend of Friday to
Sunday, November 17 - 19th, at Indian Tree Ranch in Hilo, Hawaii.
PACKING LIST
PROTECTION:
Unlike Black Rock City, Falls on Fire is green and moist. The climate here will be
65 - 85°F, humid, sunny, cloudy and chance of rain & mud. Bring things to protect
you from these elements.
Waterfall and streams is get in at your own risk.
Mosquitos will make love and penetrate deep into your skin near the waterfalls if
you are their chosen one. Use bug spray & repellant for prevent unwanted skin rape
from mosquitos.
•work gloves (for setting up your camp)
•sunscreen & aloe gel
•mosquito repellant / bug spray
•hat & sunglasses
•rain gears
•rain Structures
SLEEPING/CAMPING:
•Something to sleep in: tent/camper
•Bedding: foam pad/cot, pillow, sheets/blankets (extra in ziplock in case get
wet)
•shade/rain Structure (Keep you & your things dry)
•tarps, (optional floor tarp) (keep you & your things dry)
•camp chairs, table for cooking and your gears.
Survival Guide
Camps & Activities
Survival Guide Volunteer FALLS ON FIRE
11/6/25, 11:32 AM Survival Guide — FALLS ON FIRE
file:///C:/Users/jujube/Documents/Hawaii/FALLS ON FIRE/Survival Guide — FALLS ON FIRE.mhtml 1/3
265
•earplug (one for sound camp, one for sleeping)
•sleep Mask if you want to sleep in.
•lights & extra batteries
HUMAN FUEL:
•Bring your own reusable Cups, bowls & utensils.
•cooler for your food and drinks
•Enough food
•drinking water (one gallon/day) + water you need to cook/clean
•water filter (optional, there’s water and steams to filter water)
•reusable water bottle
•stove, pots & pan, knife, cutting board, cooking utensil if you plan on cooking
HYGIENE:
A dip in the streams & waterfall would count as a shower! BUT please NO SOAP IN
THE STREAMS. All soap, whether biodegradable or not, affects the chemistry of
water streams and has a negative impact on fish and other organisms
•toilet paper & baby wipes (flushable ONLY)
•toothbrush & toothpaste
•hairbrush & razor
•genital gloves :)
•trash & recycle bags
•dish sponge & soap
•paper towels
•extra towels
11/6/25, 11:32 AM Survival Guide — FALLS ON FIRE
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11/6/25, 11:32 AM Survival Guide — FALLS ON FIRE
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Falls on Fire 2023
Afterburn Report
Overview
Falls on Fire 2023 was our inaugural event, the first Burn on Hawaii since 2015. We sold 111 tickets,
and 81 participants showed up. We had approximately 8 theme camps, a temple, and an effigy. We had
amplified music (2 camps), an art installation (LED Mushroom), and several events in various camps.
We had three swimming spots accessible this year. We used Hawaiian words for animals, mirroring
Burning Man’s 2023 Animalia theme: “Keko Falls” (Bonobo Ape, 20 minute walk from the main site),
“Manakuke Falls” (Mongoose, 5 minute walk) and “Mo’o Pool” (Gecko, 5 minute walk.)
Authorities and Neighbors
Initial online research indicated that no permits were needed for a camping event on private land. A call
to the Hawaii County Planning Department confirmed this. The individual at the planning department
suggested we notify the police as a courtesy. We did, and spoke to an officer and a lieutenant. Both
appreciated the heads-up, and suggested we also contact the local fire department for advice on
burning art. We contacted the fire department and two volunteers came out, inspected the area and
indicated that the risk of a wildfire was minimal.
Prior to the event we contacted all 6 homeowners on the access road to let them know what was going
on. We followed up after the event to make sure we were not too bothersome. One reported being able
to hear amplified music, but that it wasn’t bothersome.
As is consistent with local customs, an opening ceremony (“asking permission from the land”) was held
prior to the event as part of the region’s Burning Man Leadership Conference.
Gate and Ticketing
Our target was to have between 50 and 100 participants for the first year. Tickets were done a bit
differently than most burns: We had participants first RSVP, and then they were sent a link where they
could pay via Venmo or PayPal, or they could pay cash at the gate. Tickets were “Pay what you can,
$50 suggested.” Payments ranged from $1 to $100. 87 people RSVP'd, and several more were added
manually (neighbors, locals.) In all, 111 people were registered when the gate opened.
Gate was operated from 6 AM to 8 PM Friday and Saturday. The only time we had a (small) line was
between 7:00 PM and 8:00 PM on Friday. Next year we should extend Friday gate hours until 9:00 or
10:00 PM and possibly shorten Saturday gate hours slightly. 81 participants came to the event.
268
Finances
Expenses $5412.28
Income $1424.00
Profit (Loss)($3988.00)
Click for details.Falls on Fire 2023 Expense Report
Incidents
Possible Gate Crasher
On Saturday, a silver Nissan pickup truck drove past the gate without stopping. Gate volunteers believe
it was a case of reentry where the driver didn’t know that he should stop at the gate for reentry.
Structure Collapse
A bamboo structure collapsed with people on it. Everyone was fine except for one woman who suffered
a shoulder bruise. Doctors on the scene examined her and determined that no treatment was
necessary.
Stuck Car and Domestic Argument
A 2WD car got stuck when trying to turn around on a dirt road. A couple who had arrived in the car
argued and one of them smashed the car window. Both left before being asked to leave.
Dogs
We had a no-dog policy but made two exceptions: one for a participant with a severely disabled dog,
and one that was part of the DPW crew who hadn’t been told about the rule. Both were instructed to
keep their dogs on leash or with them for the entirety of the event. At least 3 dogs were snuck into the
event. There were several times when the dogs fought with each other. One dog was off-leash and
bothering multiple camps. Another was off leash and ate an unrelated participant’s food. Next year
there will be no exceptions to the no-dog policy.
Wrap-up Meeting
On Sunday we held a community meeting discussing what went right, what went wrong, and what
changes we should make for 2024. It was agreed that a dedicated area for fire performance should be
prioritized. It was agreed that the no-dog policy should be strict. It was agreed that roughly doubling the
size of the event (200 tickets) should be doable.
269
Falls on Fire 2024 Traffic Log - 27-380 Indian Tree Road Nov 6 - 13, 2024
The following is a log of traffic recorded by our video security cameras placed on our property
along Indian Tree road. The 8 days of traffic logs covers the event setup period, the event itself,
and the event takedown period. These cameras can read license plates and identify vehicle
characteristics depending on the conditions (weather, time of day, condition of the plates, etc.).
Also some vehicles either did not trigger the camera or did not use Indian Tree Road to enter or
leave the subject property as the logs show that some vehicles entered but didn’t leave and
vice-versa. So some vehicles were not reported by the
Notes:
E <LIC PLATE> = <TIME> - Entering Traffic - Traffic from the highway headed mauka towards
the event site
L <LIC PLATE> = <TIME> - Leaving Traffic - Traffic traveling makai towards the highway
(FoF) - Falls on Fire Traffic - Unknown/unfamiliar road user vehicles
| <comment> - Comments added by Intervenor
6 Nov 2024 (Wednesday) -
| Falls on Fire Setup Day
L HLS 085 = 6:58AM
L ZML 815 = 7:17AM
L HFH 588 = 8:04AM
L ZHU 562 = 8:20AM
L ZJV 692 = 8:44AM
E ZJV 692 = 8:47AM
E HLJ 655 = 9:43AM | Made negative comments to me and Lichun as we were walking along
the side of the road, (FoF) - Driver later identified as Jeramiah Morgan
E ZHV 115 = 9:44AM | Grey Ford pickup (FoF)
L ZDB 421 = 9:56AM
L ZHD 761 = 10:00AM
L ZKR 284 = 11:12AM | (FoF)
L ZCN 628 = 11:15AM
E NSX 443 = 11:17AM | White Toyota Tacoma (FoF)
E ZDB 421 = 11:20AM
E ZHZ 494 = 11:23AM | Grey Nissan Versa
L ZDB 421 = 11:25AM
E ZMJ 919 = 11:27AM | Hauling 5 porta potties (FoF)
E 658 HDX = 11:27AM | Hauling 5 porta potties (FoF)
L ZHZ 494 = 11:49AM
E ZDB 421 = 11:56AM
L ZJT 785 = 12:15PM
E ZDW 133 = 12:17PM
L ZAU 925 = 12:27PM
E ZJV 692 = 12:29PM
270
E ZJT 785 = 12:31PM
E MJT 692 = 12:34PM | Beige ford pickup with white camping shell (FoF)
L ZMJ 919 = 12:45AM | (FoF)
L 658 HDX = 12:45AM | (FoF)
E EV6754 = 12:59PM | Blue prius (FoF)
E MJT 692 = 1:10PM | (FoF)
E ZCN 628 = 1:14PM
E ZLE 604 = 1:22PM | Powder Blue Subaru Forester (FoF)
L ZDW 133 = 1:35PM
L HLA 084 = 1:36PM
L ZJV 692 = 2:03PM
E ZKR 284 = 2:14PM | (FoF)
E ZLK 549 = 2:19PM | Powder Blue Honda Odyssey (FoF)
E ZML 815 = 3:17PM
E ZHD 761 = 3:20PM
E HLA 084 = 3:30PM
E ZEJ 164 = 3:46PM | (FoF)
E ZKS 911 = 3:48PM | (FoF)
E PWZ 601 = 4:04PM | Grey honda civic (FoF)
L ZJY 800 = 4:17PM
L PWZ 601 = 4:26PM | (FoF)
E ZLL 275 = 4:27PM | (FoF)
L ZLE 604 = 4:32PM | (FoF)
E ZHS 402 = 4:33PM | Blue Toyota Tacoma hauling components for effigy burn (FoF)
L EV6754 = 4:39PM | (FoF)
E ZAU 925 = 5:02PM
L ZEJ 164 = 5:15PM | (FoF)
L ZJT 785 = 5:25PM
E ZMJ 919 = 5:28PM | Hauling 5 porta potties (FoF)
E 658 HDX = 5:28PM | Hauling 5 porta potties (FoF)
L MJT 692 = 5:29PM | (FoF)
L ZKR 284 = 5:38PM | (FoF)
L ZHS 402 = 5:50PM | (FoF)
E ZJT 785 = 5:55PM
L HLJ 655 = 6:00PM | Beeping horn while passing our house, (FoF) Jeremiah Morgan
L ZKS 911 = 6:01PM | (FoF)
E ZJY 800 = 6:02PM
L ZLL 275 = 6:08PM | (FoF)
E ZDW 133 = 6:51PM
E HLJ 655 = 7:01PM | (FoF)
E ZCK 222 = 7:02PM
L ZLK 549 = 7:09PM (FoF)
L ZMJ 919 = 7:10PM | (FoF)
L 658 HDX = 7:10AM | (FoF)
271
E ZJV 692 = 7:18PM
E ZHU 562 = 7:56PM
L ZJV 692 = 8:02PM
E ZJV 692 = 10:11PM
7 Nov 2024 (Wednesday)
| Many people camping overnight 1 day before falls on fire officially starts
Article published on SF Gate by Libby Leonard:
https://www.sfgate.com/hawaii/article/burning-man-style-hawaii-festival-permit-19894905.php
L HLA 084 = 6:18AM
L ZJV 692 = 7:39AM
E ZKR 284 = 7:43AM | (FoF)
L ZCK 222 = 7:48AM
E ZJV 692 = 7:51AM
L ZML 815 = 7:59AM
L ZHU 561 = 8:32AM
L ZJT 785 = 8:47AM
E ZLK 549 = 9:27AM | (FoF)
E HLA 084 = 9:34AM
E 377 HDY = 10:18AM
E ZFY 375 = 10:23AM | (FoF)
E ZHE 295 = 10:50AM, Silver Toyota Tacoma (FoF)
L ZJV 692 = 11:04AM
E ZJT 785 = 11:09AM
E ZLL 275 = 11:25AM | (FoF)
L 377 HDY = 11:48AM
E ZHN 942 = 12:00PM | (FoF)
E ZHR 180 = 12:34PM, Silver Toyota Tacoma towing trailer (FoF)
L ZHD 761 = 12:42AM
E PBR 986 = 12:56PM, Black Honda Element (FoF)
L HLA 084 = 12:59AM
L | Andrew Tepper UTV = 1:01PM | (FoF)
E ZJV 692 = 1:06PM (FoF)
L HZS 162 = 1:08PM
E ZKE 839 = 1:10PM | White Dodge Ram Pickup towing generator (FoF)
L ZLK 549 = 1:31PM | (FoF)
E ZFT 724 = 1:38PM | Blue Hyundai Ioniq (FoF)
L ZLL 275 = 2:05PM | (FoF)
L ZDW 133 = 2:10PM
E ZLY 573 = 2:21PM | (FoF)
E ZKT 907 = 2:23PM
L ZJT 785 = 2:27PM
E ZEP 568 = 2:29PM | (FoF)
272
E ZJT 785 = 2:43PM
E 506 HEK = 2:46PM | Dodge Ram Pickup towing trailer (FoF)
E ZHE 794 = 2:46PM | BlueToyota RAV4 (FoF)
E ZMB 056 = 2:56PM | Silver Ford Edge (FoF)
E PFB 333 = 2:57PM | Silver Honda Odyssey (FoF)
E HLA 084 = 3:01PM
E ZJV 892 = 3:07PM
E ZFE 973 = 3:11PM.| Silver Toyota 4Runner (FoF)
E HZS 162 = 3:11PM
L ZJV 892 = 3:16PM
L ZKT 907 = 3:18PM
E HBZ 572 = 3:22PM | Silver Nissan Pathfinder (FoF)
E ZEF 556 = 3:26PM | (FoF)
E ZJV 892 = 3:28PM
E ZJS 344 = 3:29PM | (FoF)
E ZHS 273 = 3:29PM Silver Ford Pickup with camper shell (FoF)
E KSU 217 = 3:43PM | White Toyota Echo (FoF)
L | Andrew Tepper UTV = 3:48PM | (FoF)
E JWU 977 = 3:52PM | Black Suzuki (FoF)
E ZAK 751 = 3:54PM | White Toyota Prius (FoF)
E | Andrew Tepper UTV = 3:55PM | (FoF)
E PDG 608 = 3:56PM, BlueToyota FJ (FoF)
E HLS 085 = 4:17PM
E ZMJ 136 = 4:25PM | Back Subaru (FoF)
E ZLK 549 = 4:43PM
E ZHU 561 = 5:02PM
E AYYYYY = 5:08PM | Silver Toyota Prius (FoF)
L ZMB 056 = 5:22PM
E ZHX 539 = 5:22PM | White Van (FoF)
L ZHU 562 = 5:29PM
E ZCD 938 = 5:30PM
L HLA 084 = 5:33PM
E RZW 069 = 5:51PM | Black Toyota RAV4
L RZW 069 = 5:57PM
E ZMJ 418 = 5:59PM | SIlver Toyota Tacoma (FoF)
L ZCD 938 = 6:02PM
E ZHD 761 = 6:37PM
E 405 HDZ = 6:37PM | (FoF)
E ZET 252 = 6:37PM | (FoF)
E ??? ??? = 6:37PM | (FoF?)
L AYYYYY = 6:41PM
E ??? ??? = 6:45PM | (FoF?)
L | Andrew Tepper UTV = 6:46PM | (FoF)
E ZDW 133 = 6:52PM
273
L HZS 162 = 6:54PM
L PBR 986 = 6:57PM | (FoF)
L ZHR 180 = 7:02PM | (FoF)
L ZFT 724 = 7:02PM | (FoF)
E HZS 162 = 7:07PM
E ??? 222 = 7:12PM | (FoF?)
E 2 Police cars = 7:27PM | (FoF?)
L 2 Police cars = 7:50PM | (FoF?)
E ??? ??? = 7:53PM | (FoF?)
L ??? ??? = 7:57PM | (FoF?)
E ZJH 046 = 8:05PM | (FoF)
L ZHV 115 = 8:22PM | (FoF) Blew horn while passing our house
L ZKR 284 = 8:25PM | (FoF)
E HMG 408 = 8:27PM | Dark pickup with roof tent (FoF)
L ZLK 549 = 8:52PM | (FoF)
L | Andrew Tepper UTV = 9:03PM | (FoF)
E ZHV 115 = 9:06PM (FoF)
E | Andrew Tepper UTV = 9:09PM | (FoF)
L ZHV 115 = 9:29PM (FoF)
E HLA 084 = 10:32PM
L ZHN 942 = 11:17PM | (FoF)
E ZHU 562 = 11:51PM
8 Nov 2024 (Friday)
| Official start of Falls on FIre
L ZJV 692 = 7:54AM
E ZJV 692 = 8:08AM
L HFH 588 = 8:09AM
L ZMJ 418 = 8:12AM (FoF)
L ZAU 925 = 8:25AM
L ZCN 628 = 8:37AM
L ZJV 692 = 8:37AM
E ZML 815 = 9:01AM
L HLA 084 = 9:09AM
E 321 HEJ = 9:20AM
E WFV 051 = 9:15AM | Blue Kia CUV (FoF)
E ZKR 284 = 9:17AM | (FoF)
L 321 HEJ = 9:20AM
E 713 HCY = 9:25AM | Rolling coal
L ZMH 964 = 10:14AM | Silver Ford Pickup (FoF)
E ZDU 156 = 10:16AM | Brown Kia Soul (FoF)
E ZHV 115 = 10:18AM | (FoF)
E ZHN 942 = 10:23AM | (FoF)
274
E ZKZ 614 = 10:23AM | White Jeep (FoF)
L HEV 222 = 10:25AM | White Toyota 4Runner (FoF)
L ZJY 800 = 10:49AM
E ZLQ 962 = 11:00AM | Silver VW, 2 persons (FoF)
L ZKR 284 = 11:17AM | (FoF)
L HLS 085 = 11:20AM
L ZHU 562 = 11:21AM
E ZJJ 778 = 11:33AM | (FoF)
E ZDB 421 = 11:45AM
L ZJT 785 = 11:46AM
E ZAU 925 = 11:57AM
E TBP 932 = 12:04PM | White Dodge Pickup with shell (FoF)
E 7XKJ413 = 12:04PM | CA Plate, Blue Subaru Sedan (FoF)
E WCE 662 = 12:04PM | Black infinity (FoF)
L ZHD 761 = 12:09PM
E ZCN 628 = 12:09PM
E ZLK 549 =12:12PM | (FoF)
L ZLK 549 =12:17PM | (FoF)
E SVD 889 = 12:21PM | Grey Honda Civic (FoF)
E ZKP 020 = 12:29PM | Grey Honda CRV (FoF)
E ZKV 283 = 12:29PM | Grey Jeep (FoF)
E ZFD 198 = 12:30PM | (FoF)
L ZML 815 = 12:33PM
E ZJS 465 = 12:37PM | Black Toyota 4Runner (FoF)
L | Unknown UTV = 12:37PM | (FoF)
L SVD 889 = 12:39PM | (FoF)
L | Unknown UTV = 12:42PM | (FoF)
E ZJD 468 = 12:42PM | White Toyota 4Runner, (FoF)
E ZKX 324 = 12:46PM | Blue Subaru Outback, (FoF)
E ZGV 267 = 12:48PM | Maroon Dodge Pickup (FoF)
E ZJU 894 = 1:03PM | (FoF)
E ZLY 676 = 1:14PM |, Blue Honda Fit (FoF)
E ZJT 785 = 1:16PM
L 506 HEK = 1:20PM | People riding standing on truck bed (FoF)
L ZHU 562 = 1:20PM
E ZBX 799 = 1:22PM | Green Jeep, (FoF)
E HEV 222 = 1:29PM | (FoF)
E ZAG 651 = 1:40PM | Beige Westfalia VW Campervan (FoF)
E 506 HEK = 1:40PM |,(FoF)
E ??? ??? = 1:53PM | Tow truck hauling large multicolored float, float was so tall that it didn’t fit
under trees, so the truck drove off road and damaged vegetation (FoF)
L ZDW 133 = 2:00PM
E TFC 345 = 2:08PM | Beige Honda Pilot (FoF)
E ZMJ 418 = 2:09PM
275
E HLS 033 = 2:17PM | White Lexus (FoF)
E LHM 207 = 2:23PM | Beige Oldsmobile CUV (FoF)
L ZDU 156 = 2:29PM | (FoF)
E NYN 376 = 2:30PM | White Nissan PIckup (FoF)
E TTW 559 = 2:31PM | Dark Grey Toyota Tacoma (FoF)
E ZKR 284 = 2:33PM | (FoF)
L ZAU 925 = 2:33PM
E ZCW 379 = 2:45PM | Beige Chevy HHR (FoF)
E 357 HEC = 2:46PM, White Chevy Pickup (FoF)
L ZJJ 778 = 2:47PM | (FoF)
L NSX 443 = 2:58PM | Passenger stopped me on road - said he was a reporter named “Bobby
Wright” - Asked for my phone number - Later Identified as Jeramiah Morgan (FoF)
E ZJV 692 = 3:11PM
L ??? ??? = 3:15PM | Tow Truck (FoF)
E PBR 986 = 3:20PM | (FoF)
E ZJX 670 = 3:23PM | Blue Subaru Forester (FoF)
E ZKD 921 = 3:25PM | Beige FoFW X5 (FoF)l
E ZDY 447 = 3:34PM | Black Ford Pickup with rack, (FoF)
L ZHN 942 = 3:36PM | (FoF)
L ZDB 421 = 3:36PM
E ZMH 964 = 3:38PM | (FoF)
E HLA 084 = 3:38PM
L | Andrew Tepper UTV = 3:44PM | Stopped me to claim I was jamming their RF signals and
creating a safety issue (FoF)
E ZMB 056 = 3:46PM | (FoF)
E | Andrew Tepper UTV = 3:51PM | Stopped to apologize for accusing me of jamming their RF
signals (FoF)
E ZME 437 = 4:05PM | Light Blue/White Jeep (FoF)
E ZKF 882 = 4::05PM | Gray Kia Forte (FoF)
E HLS 085 = 4:06PM
E ZHM 192 = 4:11PM | Gray Kia Soul (FoF)
E ZHU 561 = 4:11PM
L ZJV 692 = 4:18PM
E NSX 443 = 4:21PM | (FoF)
E RXU 987 = 4:21PM | Silver Subaru Outback (FoF)
L ZJR 190 = 4:26PM
E ZHN 942 = 4:28PM | (FoF)
E ZCK 622 = 4:33PM | Blue Toyota Prius (FoF)
E ZHJ 589 = 4:36PM | Silver Kia Sorento (FoF)
E ZEJ 164 = 4:36PM | (FoF)
L HLA 084 = 4:37PM
E ZBG 102 = 4:40PM | Black Ford F150 (FoF)
L ZBG 102 = 4:46PM (FoF)
E MJT 962 = 4:47PM | Beige Ford pickup with shell (FoF)
276
E PFG 585 = 4:47PM | Blue Camo Jeep - no front plate and rear plate obscured (FoF)
E ZBB 688 = 4:47PM | Gray Toyota Tacoma, (FoF)
L ZJT 785 = 4:50PM
E KCH 414 = 4:54PM | Gray Jeep (FoF)
E ZHH 299 = 4:54PM | Blue Subaru Crosstrek (FoF)
E ZHT 588 = 4:55PM | Silver Toyota RAV4 (FoF)
E ZJY 800 = 5:00PM
E DAJAWN = 5:01PM | (FoF)
E ZHU 562 = 5:01PM
E ZHT 588 = 5:05PM | Black Jeep (FoF)
E ZGE 625 = 5:13PM | White Subaru Outback (FoF)
E HKF 392 = 5:14PM | Silver Honda Ridgeline (FoF)
E SBV 506 = 5:17PM | White Subaru SUV (FoF)
E HZX 079 = 5:18PM | Blue Toyota RAV4 (FoF)
E ZCF 170 = 5:19PM | Silver Honda Odyssey (FoF)
E KAA 057 = 5:21PM | Gray Mazda MPV (FoF)
E ZDU 156 = 5:24PM | (FoF)
E ZCZ 885 = 5:40PM | Blue Nissan Xterra (FoF)
E ZHR 180 = 5:41PM | (FoF)
E EV 5157 = 5:45PM | (FoF)
E ZFC 836 = 5:52PM | Black Kia Soul, (FoF)
L | Andrew Tepper UTV = 5:57PM | (FoF)
E ZJV 692 = 5:58PM
E ??? ??? = 6:11PM | (FoF?)
E ZJJ 778 = 6:11PM | (FoF)
E PDG 097 = 6:11PM | Honda CRV (FoF)
E ZKP 351 = 6:11PM | Silver Ford Edge (FoF)
E NR99G = 6:14PM
E Andrew Tepper UTV = 6:20PM | (FoF)
E ND806 = 6:27PM
E ZJT 785 = 6:31PM
E ZHD 761 = 6:34PM
L ZEJ 164 = 6:47PM | (FoF)
E WWN 676 = 6:51PM | Red Jeep (FoF)
E ZGE 146 = 6:53PM | (FoF)
E HLA 084 = 6:54PM
E ??? ??? = 6:57PM | Pickup (FoF)
E ZML 815 = 7;00PM
E HFH 588 = 7:02PM
L ZLY 676 = 7:06PM | (FoF)
L ZDU 156 = 7:06PM | (FoF)
E ZKC 691 = 7:38PM | Grey Jeep (FoF)
E ZJR 139 = 7:50PM | White Subaru Forester (FoF)
L ZJV 692 = 7:56PM
277
E Z?? ??2 = 7:58PM | (FoF)
E ZLS 538 = 8:06PM | (FoF)
E ZJU 763? = 8:08PM | (FoF)
E ZJK 605 = 8:12PM | White Subaru CrossTrek (FoF)
E ZGS 490? = 8:14PM | White Jeep (FoF)
L ??? ??? = 8:17PM | (FoF)
L ??? ??? = 8:18PM | (FoF)
L ZKR 285 = 8:59PM | (FoF)
L ZKR 285 = 9:02PM | (FoF)
E ZJV 692 = 11:07PM
L NR99G = 11:30PM
L ND806 = 11:34PM
| ~11:00PM - A lot of smoke in the air - source unknown - winds from the west 6-7MPH, smoke
has a slight mesquite odor - difficult to sleep and getting a slight headache, lungs sore, eyes
burning. Winds appear to have shifted after ~1:00AM
12:21AM - Can still hear the “thump-thump” Of the music coming from Falls on Fire
L EV5157 = 12:22AM
L ??? ??? = 2:11AM | Unknown vehicle leaving and playing loud music (FoF)
2:14AM - Can still hear the “thump-thump” from load music coming from Falls on Fire
9 Nov 2024 (Saturday)
L ZHU 561 = 6:27AM
L WWN 676 = 7:20AM | (FoF)
L ZEW 838 = 7:54AM
L HLS 084 = 8:06AM
E ZOH 997 = 8:52AM | Black Honda CRV (FoF)
L ZJT 785 = 8:55AM
L ZDH 997 = 8:57AM | (FoF)
L HLS 085 = 9:02AM
L HLA 084 = 9:07AM
E SWT 760 = 9:33AM | Blue CUV (FoF)
L HLS 085 = 9:47AM
L JMU 997 = 9:56AM | (FoF)
L SJV 692 = 10:04AM
E RRN 671 = 10:26AM | (FoF)
L ZJY 800 = 10:32AM
L ZML 815 = 10:37AM
E ZJT 785 = 10:49AM
E WWN 676 = 11:07AM | (FoF)
L ZGE 625 = 11:12AM | (FoF)
L HLS 033 = 11:30AM | (FoF)
E ZMG 756 = 11:31AM | Red Toyota RAV4 (FoF)
E SRN 390 = 11:34AM
E HLS 085 = 11:34PM
278
L ZKR 284 = 11:48AM | (FoF)
L ZMJ 136 = 11:56AM | (FoF)
E TRG 945 = 12:02PM | White Nissan Rogue (FoF)
L ZHD 154 = 12:12PM
E ZLD 147 = 12:22PM | Green Pickup (FoF)
L SRN 390 = 12:24PM
E ZJY 800 = 12:34PM
E HLS 085 = 12:36PM
E SRN 390 = 12:41PM
E ZLT 618 = 12:43PM | Green Toyota Tacoma (FoF)
L SRN 390 = 12:50PM
E ZFT 724 = 12:57PM | (FoF)
E ZFY 375 = 12:59PM | (FoF)
E ZLS 575 = 1:02PM | White VW Golf (FoF
E ZKR 284 = 1:06PM | (FoF)
L WWN 676 = 1:06PM | (FoF)
E ZKR 569 = 1:10PM | (FoF)
E ZCN 699 = 1:27PM | Blue Mazda CX-4 (FoF)
E ZJW 284 = 1:27PM | Gray Toyota Tacoma (FoF)
L ZHD 761 = 1:35PM
E | Unknown UTV = 1:38PM | Unknown (FoF)
E ZKV 217 = 1:46PM | White Toyota Tacoma (FoF)
E LHX 950 = 1:56PM | Silver Gray Hyundai, (FoF)
L ZJY 800 = 1:56PM
E ZMJ 136 = 2:01PM | Speeding (FoF)
E ZJN 319 = 2:06PM | Silver Toyota Tacoma (FoF)
E WWN 676 = 2:27PM | (FoF)
E 57342P1 (CA) = 2:32PM | White van, Talked to driver - Someone recently arrived from CA
and without tickets (FoF)
E ZHZ 129 = 2:34PM | White Toyota RAV4 (FoF)
L PFG 585 = 2:36PM | (FoF)
L ZJK 605 = 2:49PM | (FoF)
E ZHD 154 = 2:51PM
E PFG 585 = 3:04PM | (FoF)
E HLB 517 = 3:08PM | Talked to driver - Delivering coconuts for Andrew Tepper (FoF)
E ZJV 951 = 3:14PM | Gray Honda HRV (FoF)
L 57342P1 (CA) = 3:21PM | (FoF)
E HLA 084 = 3:23PM
E ZCC 953 = 3:32PM | (FoF)
L ZDB 421 = 3:37PM
E ZCP 131 = 3:52PM | (FoF)
E ??? ??? = 3:53PM | Porta Potty servicing truck (FoF)
E 658 HDX = 3:54PM | 2nd Porta Potty servicing truck (FoF)
E ZML 815 = 3:58PM
279
E ZLH 437 = 4:10PM | Black Toyota RAV4 (FoF)
L | Unknown UVT = 4:10PM | Talked to driver - says he is from just north of us (Onohi Loop),
Carrying ill passenger (FoF)
L HLB 517 = 4:14PM
L ZFK 472 = 4:17PM
E ZFK 472 = 4:20PM
E ZJY 120 = 4:20PM | Powder Blue Subaru CrossTrek (FoF)
L ZFK 472 = 4:29PM
E ZKL 840 = 4:33PM | (FoF)
E ZFK 472 = 4:37PM
L ZDW 133 = 4:40PM
E ZKW 377 = 4:45PM | (FoF)
E TXJ 065 = 4:49PM | Red Dodge RAM Pickup (FoF)
L ZFK 472 = 4:50PM
E ZJK 605 = 4:53PM | (FoF)
L ZML 815 = 4:56PM | Speeding
E ZDW 133 = 4:57PM
E WXE 364 = 4:58PM | Grey Toyota 4Runner (FoF)
L ZDW 133 = 5:06PM
E JWU 977 = 5:09PM | (FoF)
E ZDU 156 = 5:14PM | (FoF)
E ZHU 561 = 5:18PM
L JWU 977 = 5:25PM | (FoF)
E EV 7T69 = 5:27PM | Tesla 3, (FoF)l
E ZJU 344 = 5:43PM | Silver SUV, Speeding (FoF)
L ??? ??? = 5:48PM | Porta Potty servicing truck (FoF)
L 658 HDX = 5:48PM | 2nd Porta Potty servicing truck (FoF)
L HZS 162 = 6:02PM
L ZKR 284 = 6:12PM | (FoF)
E ZKR 284 = 6:14PM | (FoF)
E 710 HDA = 6:16PM | White, Utility Truck (FoF)
E ZJF 424 = 6:16PM | Silver Jeep (FoF)
E WFR 412 = 6:18PM Black Mercedes, Driver said he didn’t have ticket (FoF)
L ZKL 840 = 6:25PM | (FoF)
E ZHD 761 = 6:26PM
E HDY 043 = 6:35PM | Silver Toyota Tacoma (FoF)
E HJX 518 = 6:35PM | White pickup (FoF)
E ZMJ 758 = 6:35PM | Silver CUV (FoF)
E ZJY 800 = 6:54PM
E Z?? 416 = 7:04PM | SUV (FoF)
E NR99G = 7:08PM | (FoF)
E ZCG 479 = 7:14PM | Silver SUV (FoF)
E ND806 = 7:14PM | (FoF)
L ??? ??? = 7:16PM | Pickup (FoF)
280
E ZFK 120 = 7:39PM | Black Honda (FoF)
E ZLE 604 = 7:39PM | (FoF)
L ZCZ 885 = 7:52PM | (FoF)
E ZHR 860 = 8:05PM | (FoF) | Black Pontiac Vibe (FoF)
E ZKL 840 = 8:13PM | (FoF)
L ZHR 180 = 8:16PM | (FoF)
E ZJV 692 = 8:17PM
E HZS 162 = 8:18PM
L ZES 810 = 9:10PM | Red Type Unknown (FoF)
E ZML 815 = 9:32PM
E ZJX 815 = 9:33PM | Gray SUV (FoF)
E ZJJ 620 = 9:34PM | White Honda Ridgeline (FoF)
E TJX 522 = 9:34PM | Black Honda Pilot (FoF)
E NZ939 = 9:35PM | CUV Unknown Type (FoF)
E ZHP 945 = 9:35PM | Mazda MPV (FoF)
E ZLS 972 = 10:09PM | (FoF)
L HZX 079 = 10:58PM | (FoF)
E HJD 416 = 11:03PM | Sedan, (FoF)l
L Pedestrians = 12:09AM | Couple leaving on foot (FoF)
L EV 5157 = 12:11AM | (FoF)
E HZX 079 = 12:15AM | Playing loud music while driving past our house (FoF)
12:48AM Fireworks heard - location unknown
L ZJU 344 = 12:50AM | (FoF)
L HZX 079 = 1:17AM | Speeding and playing loud music while driving past our house, (FoF)
E JFoF 925? = 1:45AM | Unknown pickup, (FoF)
L ZLS 972 = 3:21AM | (FoF)
L Z?? 416 = 4:34AM | (FoF)
L NR99G = 4:41AM | (FoF)
| General Observations from 2nd day Falls on Fire
● Lots of late night road traffic - all night
● No smoke detected but winds were from the SW and lighter than the previous night
● Many people left during the day to return later - so essentially there is a lot of daily visitor
traffic - something Andrew Tepper never told us to expect or I don’t believe is mentioned
in his SP application.
● One person (an older gentleman) who appeared very ill had to be evacuated from the
camp. He was evacuated by persons operating a UTV who claimed they lived nearby
(Onohi Loop?).
● Several “gate crashers” all day long and all night long. Spoke with several people who
heard about the party and were just showing up. Apparently, they were welcomed
because they went up the road but never returned back down the road until much later
or even the next day. The gate along H-19 was closed so people had to wait in their cars
sometimes for over an hour until someone who was leaving triggered the automatic
gate. When that would happen, several vehicles (up to 6 at a time) entered by “piggy
281
backing”. The backup was noticed by some people driving by and may have extended
onto H-19. Andrew Tepper never posted anyone at that gate to control crowds or provide
security. So essentially our security was compromised.
● Sound was heard at least until 2:30AM when I went to bed but it wasn’t as loud as the
previous night. More noise came from loud car stereos as they were driving past our
house all night long.
● Some fireworks were heard ~12.50AM but I didn't see them or was able to determine
where they were coming from.
Nov 10, 2024 (Sunday)
L ZKV 217 = 6:46AM | (FoF)
L ZJN 319 = 7:05AM | (FoF)
L ZKR 284 = 7:54AM | (FoF)
L ZHD 154 = 8:05AM
L HJD 416 = 8:07AM | (FoF)
L TXJ 065 = 8:07AM | (FoF)
L ZLD 147 = 8:24AM | (FoF)
L ZLS 575 = 8:24AM | (FoF)
L ZFK 120 = 8:33AM | (FoF)
L ZJT 785 = 8:48AM
E ZFK 472 = 9:21AM
L ZFK 472 = 9:51AM
L EV 7T69 = 10:15AM | (FoF)
L ZJV 951 = 10:31AM | (FoF)
E ZHD 154 = 10:36AM
E 313 MTY = 10:55AM | Silver Subaru Forester (FoF)
L ZKF 882 = 10:58AM | (FoF)
L ZHU 561 = 10:59AM
L ZME 437 = 11:00AM | (FoF)
L ZJY 120 = 11:03AM | (FoF)
E ZJT 785 = 11:16AM
E 713 HCY = 11:21AM
L TFC 345 = 11:23AM | (FoF)
L PXS 043 = 11:31AM | Purple Infinity - no recorded entry (FoF)
L 7XKJ413 = 11:48AM | (FoF)
L 313 MTY = 11:48AM | (FoF)
L HLA 084 = 11:49AM
L ZKL 840 = 11:51AM | (FoF)
E ZAN 442 = 12:09PM | Green Kia Soul (FoF)
L ZKZ 614 = 12:09PM | Stopped on road so passenger could take picture of vehicle rear (FoF)
L SBV 506 = 12:30PM | (FoF)
L ZKP 351 = 12:42PM | (FoF)
L WWN 676 = 12:45PM | (FoF)
E ZBN 837 = 1:15PM | Lime Green Kia Soul (FoF)
282
L TJX 522 = 1:29PM | (FoF)
L LHX 950 = 1:35PM | (FoF)
L ZBH 841 = 1:44PM | Dark Gray GMC Pickup (FoF)
L MJT 692 = 1:45PM | (FoF)
L PFG 585 = 1:45PM | (FoF)
L ZMH 964 = 2:08PM | Truck bed filled with passengers (FoF)
L PBR 986 = 2:20PM | (FoF)
E 313 MTY = 2:23PM | (FoF)
L ZAN 442 = 2:30PM | (FoF)
L ZHP 945 = 2:31PM | (FoF)
E ZAU 925 = 2:42PM
L ZJV 692 = 2:54PM
L ZKX 324 = 2:55PM | (FoF)
L RRN 671 = 2:55PM | (FoF)
L ZDU 156 = 3:14PM | (FoF)
L ZJA 887 = 3:22PM | Blue Jeep (FoF)
E TXJ 065 = 3:23PM | (FoF)
L 313 MTY = 3:25PM | Speeding, (FoF)
E ZKL 840 = 3:35PM | (FoF)
L WFR 412 = 3:38PM | (FoF)
L ZHU 562 = 3:39PM
E ZFK 472 = 3:43PM
E ZDN 733 = 3:45PM | Grey Nissan Altima (FoF)
E ZCZ 885 = 3:46PM | (FoF)
L HJX 518 = 3:54PM | (FoF)
L ZJD 468 = 4:06PM | (FoF)
E PX86W = 4:10PM | White Honda Pilot (FoF)
L PDG 608 = 4:15PM | (FoF)
E ZHU 561 = 4:19PM
L ZHD 154 = 4:19PM
L ZJT 785 = 4:30PM
E ZHD 154 = 4:31PM
L HDY 043 = 4:45PM | (FoF)
L ZGV 267 = 4:51PM | (FoF)
L LHM 272 = 4:51PM | White Toyota FJ (FoF)
L ZHJ 589 = 4:53PM | (FoF)
L ZML 815 = 4:53PM
L ZMG 756 = 4:53PM | (FoF)
L ZFT 724 = 5:10PM | (FoF)
L ZCC 953 = 5:16PM | (FoF)
E PBR 986 = 5:22PM | (FoF)
E ZFN 628 = 5:23PM | Blue Nissan Pickup (FoF)
E ZJU 344 = 5:32PM | (FoF)
E ZGP 338 = 5:32PM | Silver Toyota 4Runner (FoF)
283
E ZLE 935 = 5:32PM | (FoF)
E ZGR 343 = 5:36PM | Silver Kia Soul (FoF)
E 7XKJ413 = 5:27PM | (FoF)
E ZMH 964 = 5:40PM | (FoF)
L ZGR 343 = 5:44PM | Reported gate at ranch closed - assume they were gate crashers (FoF)
E WFR 412 = 5:45PM | (FoF)
L ZBN 837 = 5:47PM | (FoF)
L TRG 945 = 5:47PM | (FoF)
L ZHX 539 = 5:47PM | (FoF)
L ZDN 733 = 5:48PM | (FoF)
E ZJT 785 = 5:53PM | (FoF)
E ZKX 629 = 5:56PM | (FoF)
L ??? ??? = 6:01PM | White Subaru (FoF)
L ??? ??? = 6:02PM | Pickup Unknown Type (FoF)
L ZKW 377 = 6:02PM | (FoF)
L NYN 376 = 6:07PM | Hauling trash, (FoF)
E ZHU 652 = 6:15PM
E ZMK 326 = 6:17PM | Toyota RAV4 (FoF)
L ZJS 465 = 6:17PM | (FoF)
L ZCG 479 = 6:25PM | (FoF)
L Cyclist = 6:35PM | Unknown Cyclist (FoF)
L ZLE 604 = 6:39PM | (FoF)
L ZDY 447 = 6:41PM | (FoF)
L ZJX 815 = 6:44PM | (FoF)
L ZKR 569 = 7:01PM | (FoF)
L ZFN 628 = 7:04PM | (FoF)
L ZJJ 620 = 7:13PM | (FoF)
L Z?? ??? = 7:14PM | Subaru, (FoF)
L ZHN 942 = 7:14PM | (FoF)
E ZML 815 = 7:21PM
| ~8:10PM Fireworks Observed
E ZMA 145 = 8:46PM | Unknown Sedan (FoF)
E ??? ??? = 9:22PM | Unknown SUV (FoF)
E ??? ??? = 9:22PM | Unknown SUV (FoF)
L ??? ??? = 9:26PM | Unknown Sedan (FoF)
L ZLE 935 = 10:02PM | (FoF)
L ZMK 326= 10:46PM | (FoF)
L ZMJ 136 = 11:40PM | (FoF)
L ??? ??? = 11:52PM | Pickup Unknown Type (FoF)
L ??? ??? = 11:53PM | Pickup Unknown Type (FoF)
L ZJU 344 = 12:10AM | (FoF)
L ??? ??? = 12:23AM | Unknown SUV (FoF)
E ??? ??? = 12:59AM | Unknown SUV (FoF)
L ??? ??? = 4:58AM | Unknown SUV
284
E ??? ??? = 5:19AM | Unknown SUV
11 Nov 2024 (Monday) - Day after FoF
| 2:30AM (Monday) - Gate at H-19 road entrance damaged - appears to have been forced open
E 713 HCY = 6:49AM
L ZMH 964 = 7:05AM | (FoF)
L ZHU 562 = 7:22AM
L ZFK 472 = 7:24AM
L HFH 588 = 7:30AM
L ZMK 676 = 7:38AM | Brown Toyota Landcruiser (FoF)
L ZKL 840 = 8:00AM | (FoF)
E ZHU 562 = 8:18AM
L ZLT 618 = 8:32AM | (FoF)
L ZAU 925 = 8:34AM
L ZML 815 = 8:41AM
L ZKV 283 = 8:42AM | (FoF)
L ZJT 785 = 8:50AM
L KCH 414 = 9:14AM | (FoF)
E ZJJ 778 = 9:19AM | (FoF)
L ZMJ 418 = 9:25AM | (FoF)
L TXJ 065 = 9:26AM | (FoF)
L HFM 989 = 9:45AM | Blue Toyota 4Runner (FoF)
L 357 HEC = 9:47AM | (FoF)
L PBR 986 = 9:55AM | (FoF)
L ZHV 115 = 9:55AM | (FoF)
L ZHU 561 = 10:23AM
L ZKH 699 = 10:35AM | (FoF)
L ZJR 138 = 11:03AM | (FoF)
L ZHU 562 = 11:05AM
E ZJT 785 = 11:07AM
L WXE 364 = 11:09AM | (FoF)
L PGS 958 = 11:09AM | (FoF) | Grey Lexus RX330 (FoF)
E ZAU 925 = 11:10AM
L KAA 057 = 11:10AM | (FoF)
L ZJJ 778 = 11:15AM | (FoF)
L HZS 162 = 11:24AM
L ZKX 629 = 11:24AM | (FoF)
L ZHS 273 = 11:31AM | (FoF)
L ZJS 344 = 11:42AM | (FoF)
L ZJV 892 = 11:45AM
L ZJX 670 = 11:51AM | (FoF)
L WFR 412 = 11:58AM | (FoF)
L ZCP 131 = 12:00PM | (FoF)
L HEV 222 = 12:01PM | (FoF)
285
L DAJAWN = 12:11PM | (FoF)
L ZFS 617 = 12:12PM | (FoF)
L ZKC 691 = 12:14PM | (FoF)
E HLA 084 = 12:17PM
L ZEP 568 = 12:22PM | (FoF)
L NZ939 = 12:25PM | (FoF)
L HLS 033 = 12:26PM | (FoF)
E ZHU 562 = 12:27PM
L ZJK 605 = 12:30PM | (FoF)
L ZLE 145 = 12:36PM | (FoF)
L ZLH 437 = 12:40PM | (FoF)
L HLS 085 = 12:47PM
L 710 HDA = 12:49PM | (FoF)
L ZJF 424 = 12:53PM | (FoF)
L ZMJ 758 = 1:24PM | (FoF)
L ZKP 020 = 1:27PM | (FoF)
L ZHD 761 = 1:28PM
E ZMJ 418 = 1:31PM | (FoF)
L HBZ 572 = 1:31PM | (FoF)
L ZBX 799 = 1:35PM | (FoF)
E ZKX 386 = 1:49PM | Blue Kia Seltos (FoF)
L ZAG 651 = 1:57PM | (FoF)
L KSU 217 = 2:01PM | (FoF)
L ZJR 190 = 2:01PM
L ZET 252 = 2:14PM | (FoF)
L ZHH 299 = 2:14PM | (FoF)
L ZHT 588 = 2:14PM | (FoF)
L HKF 392 = 2:16PM | (FoF)
E HFH 488 = 2:35PM
E ZMH 964 = 2:44PM | Silver Ford Pickup (FoF)
L ZYJ 800 = 2:52PM
L HCX 483 = 3:01PM | Silver Toyota Sienna (FoF)
L ZKE 839 = 3:09PM | (FoF)
L ZLY 573 = 3:09PM | (FoF)
L SWT 760 = 3:09PM | (FoF)
L ZJU 268 = 3:09PM | Dark Grey Honda Accord (FoF)
L PFB 333 = 3:12PM | (FoF)
L NSX 443 = 3:14PM | (FoF)
L ZFE 973 = 3:14PM | (FoF)
L ZMB 056 = 3:16PM | (FoF)
L ZKX 386 = 3:16PM | (FoF)
E ZHU 561 = 3:20PM
E ZML 815 = 3:30PM
L ZCZ 885 = 3:32PM | (FoF)
286
E ZJV 692 = 3:33PM
L ZLK 549 = 3:35PM | (FoF)
L WFV 051 = 3:36PM | (FoF)
L ZLK 851 = 3:37PM | Grey Jeep (FoF)
L ZHM 192 = 3:38PM | (FoF)
L ZHZ 129 = 3:43PM | (FoF)
L ZJW 284 = 3:57PM | (FoF)
L ZCN 699 = 3:57PM | (FoF)
L RXU 987 = 3:58PM | (FoF)
L ZLQ 962 = 4:00PM | (FoF)
E ZJR 190 = 4:01PM
E ZJV 951 = 4:04PM | (FoF)
L ZMH 964 = 4:14PM | (FoF)
L 7XKJ413 = 4:16PM | (FoF)
L WCE 662 = 4:16PM | (FoF)
L TBP 932 = 4:48PM | (FoF)
E HXZ 079 = 4:50PM | (FoF)
E HLS 085 = 5:11PM
L ZHE 295 = 5:14PM | (FoF)
L ZMJ 418 = 5:15PM | (FoF)
L ZKD 921 = 5:26PM | (FoF)
L ZGS 490? = 5:26PM | (FoF)
E HCX 483 = 5:43PM | (FoF)
E ZLH 024 = 5:54PM | Red Kia Soul (FoF)
E ZET 252 = 5:54PM | (FoF)
L ZJV 951 = 5:57PM | (FoF)
L ZAK 751 = 6:01PM | (FoF)
L ZJV 692 = 6:03PM
L HLA 084 = 6:05PM
L ZJH 046 = 6:11PM | (FoF)
L ZFC 836 = 6:11PM | (FoF)
L HMG 408 = 6:14PM | (FoF)
L 506 HEK = 6:21PM | (FoF)
L ZEF 556 = 6:21PM | (FoF)
L ZHE 794 = 6:21PM | (FoF)
L ZHR 860 = 6:21PM | (FoF)
L ZJU 894 = 6:23PM | (FoF)
E ZHD 761 = 6:53PM | (FoF)
E ZLY 573 = 6:59PM | (FoF)
E HLA 084 = 8:30PM
E ZJY 800 = 8:33PM
E ZJV 692 = 8:33PM
E ??? ??? = 8:45PM
L HZX 079 = 8:53PM | (FoF)
287
E ZAX 751 = 8:55PM
| 2:30AM (Tuesday) - Gate still damaged
| Special Permit public notice sign placed along highway near entrance to Indian Tree rd. was
torn down sometime after 12PM Sunday
12 Nov 2024 (Tuesday)
L HLS 085 = 6:22AM
L ZHU 561 = 6:30AM
L ZLH 024 = 6:30AM | (FoF)
L HLA 084 = 6:32AM
L ZHU 562 = 6:43AM
L ZJV 692 = 7:18AM
L ZMJ 418 = 7:26AM | (FoF)
L KEW 450 = 7:47AM
L HFH 588 = 8:02AM
L ZCN 628 = 8:23AM
E ZMJ 418 = 8:45AM | (FoF)
L ZCK 622 = 9:26AM | (FoF)
L ZJT 785 = 9:32AM
L ZMJ 418 = 10:36AM | Towing trailer with gear (FoF)
L HLJ 655 = 10:36AM | (FoF)
E ZDE 109 = 10:50AM | White Toyota Sienna
L ZML 815 = 11:08AM
E JWU 977 = 11:19AM | (FoF)
E ZJT 785 = 11:19AM
L ZDE 109 = 11:44AM
E NR99G = 12:02PM
E KEW 450 = 12:21PM
E ZHU 562 = 13:43PM
L NR99G = 12:45PM
E 192 TXF = 12:51PM | White Ford Pickup (FoF)
L KEW 450 = 12:54PM
L ZJR 190 = 12:59PM
E ZJJ 966 = 1:00PM
L ZHD 761 = 1:18PM
L JMU 977 = 1:24PM | (FoF)
L ZJT 785 = 1:33PM
E ZFV 374 = 1:42PM
L ZFV 374 = 1:58PM
L 192 TXF = 2:01PM | (FoF)
L PDG 097 = 2:05PM | (FoF)
E ZJR 190 = 2:14PM
L ZJJ 966 = 3:00PM
E HFH 588 = 3:13PM
288
L ZLY 573 = 3:16PM | (FoF)
L ZCW 379 = 3:19PM | (FoF)
L ZET 252 = 3:19PM | (FoF)
L ZJY 800 = 3:21PM
E ZKR 284 = 3:38PM | (FoF)
E ZLK 851 = 3:40PM | (FoF)
E HLA 084 = 3:51PM
L ZAX 751 = 4:25PM | (FoF)
E ZJV 951 = 4:41PM | (FoF)
E KEW 450 = 4:52PM
E ZJY 800 = 4:51PM
L HCX 483 = 5:10PM | (FoF)
L ZKR 284 = 5:31PM | (FoF)
E ZML 815 = 5:57PM
E ZJT 785 = 6:01PM
E HLS 085 = 6:13PM
E ZJU 344 = 6:42PM | (FoF)
L ??? ??? = 6:43PM
L HLA 084 = 6:50PM
E ZHD 761 = 6:51PM
L ZJU 344 = 6:55PM | (FoF)
E ZHU 561 = 7:17PM
E HLA 084 = 7:24PM
E ZJV 692 = 7:34PM
E ZCN 628 = 8:37PM
E ZJU 344 = 8:40PM | (FoF)
E ZHU 562 = 9:14PM
L ZJU 344 = 9:51PM | (FoF)
13 Nov 2024 (Wednesday)
L ZML 815 = 6:34AM
E ZJJ 966 = 6:37AM
L HLA 084 = 7:06AM
L ZJV 692 = 7:14AM
L KEW 450 = 8:05AM
L ZAU 935 = 8:33AM
E 226 HEG = 8:34AM | Bennys Tow truck - no load (FoF)
L HFH 588 = 8:36AM
L 226 HEG = 8:50AM | No load (FoF)
L ZJY 800 = 8:53AM
L ZJT 785 = 9:05AM
E KEW 450 = 9:14AM
L KEW 450 = 9:21AM
289
E ZML 815 = 9:26AM
L ZHU 561 = 10:00AM
L ZJR 190 = 10:12AM
L ZHU 562 = 10:16AM
L ZCN 628 = 10:24AM
E ZJR 190 = 10:25AM
E ZJY 800 = 10:31AM
E ZDW 133 = 10:33AM
E ZJT 785 = 11:02AM
E ZEW 838 = 11:07AM
L ZJJ 966 = 11:13AM
E ZAU 935 = 11:16AM
E ZJV 692 = 11:30AM
L ZEW 838 = 11:38AM
E 938 HEM = 12:10PM | Tow truck (FoF)
E ZKR 284 = 12:15PM | (FoF)
E HFH 588 = 12:22PM
E ZHJ 416 = 12:27PM
L ZDW 133 = 1:15PM
L ZAU 925 = 1:20PM
L HFH 588 = 1:24PM
L ZKR 284 = 1:26PM | (FoF)
L 938 HEM = 1:29PM | Tow truck - leaving with Pirate Ship (FoF)
E ZAU 925 = 1:40PM
L ZDH 761 = 1:40PM
E HLA 084 = 1:43PM
E ZJV 951 = 1:54PM | (FoF)
L ZML 815 = 2:01PM
L ZJV 692 = 2:06PM
L 8Y26525 = 2:45PM | Grey Nissan Pickup (FoF)
L ZJV 951 = 2:46PM | (FoF)
E HFH 588 = 3:26PM
E KEW 450 = 3:40PM
L ZHJ 416 = 3:51PM
E ZHU 481 = 4:30PM
L ZJY 800 = 4:57PM
L HLA 084 = 5:38PM
E ZDW 133 = 6:27PM
L KEW 450 = 6:33PM
E ZHD 761 = 6:37PM
L ZAU 925 = 7:03PM
E HLA 084 = 7:58PM
E ZHU 562 = 8:12PM
E KEW 450 = 8:26PM
290
E ZML 815 = 9:41PM
E ZJV 692 = 10:01PM
291
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Winnemucca District Office
5100 East Winnemucca Boulevard
Winnemucca, Nevada 89445
Phone: (775) 623-1500 Fax: (775) 623-1503
Email: wfoweb@blm.gov
https://www.blm.gov/office/winnemucca-district-office
In Reply Refer To:
8372 (NVW030.13)
Notice of Temporary Closure Order
OFFICE: Black Rock Field Office / Winnemucca District Office
ACTION: Temporary Closure
SUMMARY: The Bureau of Land Management Black Rock Field Office announces the
temporary closure of certain public lands under its administration from 12:01 AM July 24,
2025, to 11:59 PM October 5, 2025, for the 2025 Burning Man Event. This action is taken to
minimize risk to the public and resources on the Black Rock Desert Playa during pre-event
construction, event operations, and post-event clean up and is in effect for 74 days under a
Special Recreation Permit (SRP).
This Closure Order supersedes Federal Register BLM_NV_FRN_MO#45001710000
The temporary closure is located within the Black Rock Desert-High Rock Canyon Emigrant
Trails National Conservation Area. The closure will be implemented in two phases based upon
the Event operations: the Phase 1 Closure covers approximately 9570 acres, while Phase II
covers 14,320 acres. together the temporary closures include portions of the Black Rock Desert
Playa and the 8-mile playa entrance. The West Highway of the Playa will remain open for
moving traffic.
The two-phase temporary closure area is in Pershing County, Nevada, and is necessary for the
period of time because of the Burning Man event. The event’s activities begin with the golden
spike, fencing the site perimeter, Black Rock City setup (31 days), followed by the actual event
(9 days), Black Rock City tear down and cleanup, and final site cleanup (34 days). This event is
authorized on public land under Special Recreation Permits.
The public temporary closure area comprises about 33 percent of the Black Rock Desert playa.
Public access to the other 67 percent of the playa outside the temporary closure area will remain
open to dispersed recreational use.
The following restrictions will be in effect for the duration of the closure.
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Unless otherwise authorized, the following activities within the closure area are prohibited:
• Public access to the closure area.
• Public use of the 8-mile entrance from August 17, 2025 – September 3, 2025.
• Phase 1 area on the Black Rock Desert Playa from July 24, 2025 – August 17, 2025, and
September 7, 2025 – October 6, 2025.
• Phase 2 area of the Black Rock Desert Playa August 19, 2025 – September 6, 2025.
Parking any vehicle in violation of posted restrictions, or in such a manner as to obstruct
or impede normal or emergency traffic movement or the parking of other vehicles,
create a safety hazard, or endanger any person, property, or feature. Vehicles so parked
will be subject to citation, removal, and impoundment at the owner’s expense.
• Operating a vehicle through, around, or beyond a restrictive sign, recognizable
barricade, fence, or traffic control barrier or device.
TEMPORARY RESTRICTIONS
A. Environmental Resource Management and Protection
(1) Fires/Campfires: The ignition of fires on the surface of the Black Rock Desert playa without
a burn blanket or burn pan is prohibited. Campfires may only be burned in containers that are
sturdily elevated six (6) inches above the playa surface and in a manner that does not pose a
risk of fire debris falling onto the playa surface. Plastic and nonflammable materials may not
be burned in campfires. The ignition of fires other than a campfire is prohibited. This
restriction does not apply to events sanctioned and regulated as art burns by the event
organizer.
(2) Fireworks: The use or possession of personal fireworks is prohibited except for uses of
fireworks approved by the permit holder and used as part of a Burning Man sanctioned art
burn event.
(3) Grey and Black Water Discharge: The discharge and dumping of grey and black water onto
the playa/ground surface is prohibited. Grey water is defined as water that has been used for
cooking, washing, dishwashing, or bathing and/or contains soap, detergent, or food
scraps/residue, regardless of whether such products are biodegradable or have been filtered
or disinfected. Black water is defined as wastewater containing feces, urine, and/ or flush
water.
(4) Human Waste: The depositing of human waste (liquid and/or solid) on the playa/ground
surface is prohibited.
(5) Trash: The discharge of any and all trash or litter onto the ground/playa surface is prohibited.
All event participants must pack out and properly dispose of all trash at an appropriate
disposal facility.
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(6) Hazardous Materials: The dumping or discharge of vehicle oil, petroleum products, or other
hazardous household, commercial, or industrial refuse or waste onto the playa surface is
prohibited. This applies to all recreational vehicles, trailers, motorhomes, port-a-potties,
generators, and other camp infrastructure.
(7) Fuel Storage:
(a) The storage of greater than 110 gallons of liquid fuel in a single camp is prohibited. For
purposes of this restriction, LP-Gas is not considered liquid fuel and must be stored
separately from liquid fuel.
(b) Fuel tanks that are not purpose-built auxiliary tanks may not be incorporated into fuel
systems for the purpose of circumventing the 110-gallon liquid fuel limit.
(c) Each camp storing liquid fuel must establish a designated fuel storage area at least ten
(10) feet apart from combustible materials, vehicles, camp trailers/RV's, generators, and
any sources of ignition (such as burning cigarettes, open flame, electrical connections, or
trailer/RV appliances); twenty (20) feet from LP-gas storage; and fifty (50) feet from
other designated liquid fuel storage areas.
(d) Fuel storage containers, regardless of size or type, shall not exceed 80 percent capacity
per container.
(e) Storage areas for all liquid fuel, regardless of amount, and not exceeding 110 gallons,
must include a secondary containment system that can hold a liquid volume equal to or
greater than 110 percent of the largest container being stored. Secondary containment
measures must comply with the following:
(i) The secondary containment system must be free of cracks or gaps and constructed
of materials impermeable to the fuel(s) being stored.
(ii) The secondary containment system must be designed to allow the removal of any
liquids captured from leaks, spills, or precipitation.
(8) Water Discharge: The unauthorized dumping or discharge of fresh water onto the playa
surface, onto city streets or other public areas, or onto camp electric systems in a manner that
creates a hazard or nuisance is prohibited. This provision does not prohibit the use of water
trucks contracted by the event organizer to provide dust abatement measures.
B. Commercial Activities
In accordance with 43 CFR 2932: Vending and the Special Recreation Permit Additional
Stipulations for the permitted event, all vendors and air carrier services must provide proof of
authorization to operate at the event issued by the permitting agency and/or the permit holder
upon request. Failure to provide such authorization could result in eviction from the event.
C. Aircraft Landing
(1) The public closure area is closed to aircraft landing, takeoff, and taxiing. Aircraft is defined
in Title 18, U.S.C., section 31 (a)(1), and includes lighterthan-aircraft and ultra-light craft. The
following exceptions apply:
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(a) All aircraft operations, including ultra-light and helicopter landings and takeoffs, will
occur at the designated 88NV Black Rock City Airport landing strips and areas defined
by airport management. All takeoffs and landings will occur only during the hours of
operation (06:00 through 18:30) of the airport as described in the Burning Man Operating
Plan. All pilots using the Black Rock City Airport must agree to and abide by the
published airport rules and regulations;
(b) Only fixed wing aircraft and helicopters providing emergency medical services may land
at the designated Emergency Medical Services areas/pads or at other locations when
required for medical incidents. The BLM authorized officer, or an authorized State/Local
Law Enforcement Officer or his/her delegated representative may approve other
helicopter landings and takeoffs when deemed necessary for the benefit of the law
enforcement operation; and
(c) Landings or takeoffs of lighter-than-air craft previously approved by the BLM authorized
officer.
(d) Landings or takeoffs outside of normal airport operational hours are permitted only with
advanced notification to the BLM authorized officer.
D. Alcohol/Prohibited Substance
(1) Possession of an open container of an alcoholic beverage by the driver or operator of any
motorized vehicle, whether or not the vehicle is in motion, is prohibited.
(2) Possession of alcohol by minors:
(a) The following are prohibited:
(i) Consumption or possession of any alcoholic beverage by a person under 21 years of
age on public lands; and
(ii) Selling, offering to sell, or otherwise furnishing or supplying any alcoholic beverage
to a person under 21 years of age on public lands.
(3) Definitions:
(a) Open container: Any bottle, can, or other container that contains an alcoholic beverage, if
that container does not have a closed top or lid for which the seal has not been broken. If
the container has been opened one or more times, and the lid or top has been replaced,
that container is an open container.
(b) Possession of an open container includes any open container that is physically possessed
by the driver or operator or is adjacent to and reachable by that driver or operator. This
includes, but is not limited to, containers in a cup holder or rack adjacent to the driver or
operator, containers on a vehicle floor next to the driver or operator, and containers on a
seat or console area next to a driver or operator.
E. Drug Paraphernalia
(1) The possession of drug paraphernalia is prohibited.
(2) Definition: Drug paraphernalia means all equipment, products, and materials of any kind
that are used, intended for use, or designed for use in planting, propagating, cultivating,
295
growing, harvesting, manufacturing, compounding, converting, producing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling, or otherwise introducing into the human body a controlled substance
in violation of any State or Federal law, or regulation issued pursuant to law.
F. Disorderly Conduct
(1) Disorderly conduct is prohibited.
(2) Definition: Disorderly conduct means that an individual, with the intent of recklessly
causing public alarm, nuisance, jeopardy, or violence, or recklessly creating a risk
thereof:
(a) Engages in fighting or violent behavior;
(b) Uses language, an utterance or gesture, or engages in a display or act that is physically
threatening or menacing or done in a manner that is likely to inflict injury or incite an
immediate breach of the peace; or
(c) Obstructs, resists, or attempts to elude a law enforcement officer, or fails to follow
their orders or directions.
G. Eviction of Persons
(1) The public closure area is closed to any person who:
(a) Has been trespassed from the event by the permit holder;
(b) Has been evicted from the event by the BLM;
(c) Has been ordered by a law enforcement officer to leave the area of the permitted
event.
(2) Any person evicted from the event forfeits all privileges to be present within the
perimeter fence or anywhere else within the public closure area even if they possess a
ticket to attend the event. H.
H. Motor Vehicles
(1) Must comply with the following requirements:
(a) The operator of a motor vehicle must possess a valid driver’s license.
(b) Motor vehicles and trailers must possess evidence of valid registration, except for
mutant vehicles, or other vehicles registered with the permitted event organizers and
operated within the scope of that registration.
(c) Motor vehicles must possess evidence of valid insurance, except for mutant vehicles
or other vehicles registered with the permitted event organizers and operated within
the scope of that registration.
(d) Motor vehicles and trailers must not block a street used for vehicular travel or a
pedestrian pathway.
(e) Motor vehicles must not exceed the posted or designated speed limits. Posted or
designated speed limits also apply to motorized skateboards, hover boards, electric
assist bicycles, and Go-Peds with handlebars.
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(f) No person shall occupy a trailer while the motor vehicle is in transit upon a roadway,
except for mutant vehicles, or other vehicles registered with the permitted event
organizers and operated within the scope of that registration.
(g) During night hours, from a half-hour after sunset to a half-hour before sunrise, motor
vehicles, other than a motorcycle or golf cart, must be equipped with at least two
working headlamps and at least two functioning tail lamps, except for mutant vehicles
or other vehicles registered with the permitted event organizers and operated within
the scope of that registration, so long as they are adequately lit according to Burning
Man Project’s Department of Mutant Vehicle requirements.
(h) Motor vehicles, including motorcycles or golf carts, must display a red, amber, or
yellow brake light visible to the rear in normal sunlight upon application of the brake,
except for mutant vehicles, or other vehicles registered with the permitted event
organizers and operated within the scope of that registration, so long as they are
adequately lit according to Burning Man Project’s Department of Mutant Vehicle
requirements.
(i) Motorcycles or golf carts require only one working headlamp and one working
taillight during night hours, from a half-hour after sunset to a half-hour before
sunrise, unless registered with the permitted event organizers and operated within the
scope of that registration, so long as they are adequately lit according to Burning Man
Project’s Department of Mutant Vehicle requirements.
(j) Trailers pulled by motor vehicles must be equipped with at least two functioning tail
lamps and at least two functioning brake lights.
(2) The public closure area is closed to motor vehicle use, except as provided below. Motor
vehicles may be operated within the public closure area under the circumstances listed
below:
(a) Participant arrival and departure on designated routes;
(b) BLM, medical, law enforcement, and firefighting vehicles are authorized at all times;
(c) Vehicles, mutant vehicles, or art cars operated by the permit holder’s staff or
contractors and service providers on behalf of the permit holder are authorized at all
times. These vehicles must display evidence of event registration in such manner that
it is visible to the rear of the vehicle while the vehicle is in motion;
(c) Vehicles, mutant vehicles, or art cars operated by the permit holder's staff or
contractors and service providers on behalf of the permit holder are authorized at all
times. These vehicles must display evidence of event registration in such manner that
it is clearly visible while the vehicle is in motion.
(d) Vehicles used by disabled drivers and displaying official State disabled driver license
plates or placards;
(e) Participant drop-off of approved burnable material and wood to the Burn
Garden/Wood Reclamation Stations (located on open playa at 3:00, 6:00, 9:00
Promenades and the Man base) from 10:00 a.m. Sunday through the end of day
Tuesday, post event;
(f) Passage through, without stopping, the public closure area on the west or east playa
roads or from the east side of the playa to the west and vice versa to traverse the
entirety of the playa surface.
297
(g) Support vehicles for art vehicles, mutant vehicles, and theme camps will be allowed
to drive to and from fueling stations.
(3) Definitions:
(a) A motor vehicle is any device designed for and capable of travel over land and which
is self-propelled by a motor but does not include any vehicle operated on rails or any
motorized wheelchair.
(b) Motorized wheelchair means a self-propelled wheeled device, designed solely for and
used by a mobility-impaired person for locomotion.
(c) ‘‘Trailer’’ means every vehicle without motive power designed to carry property or
passengers wholly on its own structure and to be drawn by a motor vehicle, this
includes camp trailers, pop-up trailers, 4′x7″ or larger flatbed trailers, enclosed cargo
trailers, or RV style trailers.
(d) A mutant vehicle (art car) must be licensed by Burning Man Project and is built from
scratch or has been modified, customized, or changed (i.e., ‘mutated’) from its
original form. A mutant vehicle is, in essence, a unique, motorized creation that either
shows little or no resemblance to its original form, or any standard street vehicle.
I. Public Closure
The public closure area is closed to public camping with the following exception:
(1) The permitted event’s ticket holders who are camped in designated event areas provided
by the permit holder;
(2) Ticket holders who are camped in the authorized pilot camp;
(3) The permit holder’s authorized staff, contractors, and BLM authorized event management
camps
(4) Individuals or groups who have been permitted by the BLM.
J. Public Use
The public closure area is closed to entry and use by members of the public unless that
person:
(1) Is traveling through, without stopping, the public closure area on the west or east playa
roads;
(2) possesses a valid ticket to attend the event;
(3) Is an employee or authorized volunteer with the BLM, a law enforcement officer,
emergency medical service provider, fire protection provider, or another public agency
employee working at the event and that individual is assigned to the event;
(4) Is a person working at or attending the event on behalf of the permit holder, or is
authorized by the permit holder to be onsite prior to the commencement of the event for
298
the primary purpose of constructing, creating, designing, or installing art, displays,
buildings, facilities, or other items and structures in connection with the event;
(5) Is an employee of a commercial operation contracted to provide services to the event
organizers and/or participants authorized by the permit holder through a contract or
agreement and authorized by BLM through a Special Recreation Permit.
K. Lasers
(1) The possession and or use of handheld lasers is prohibited.
(2) Definition: A laser means any hand-held laser beam device or demonstration laser
product that emits a single point of light amplified by the stimulated emission of radiation
that is visible to the human eye.
L. Weapons
(1) For public health and safety reasons, the possession or discharge of any weapon is
prohibited starting two (2) days prior to the event, the nine (9) days of the event, and for
two (2) days after the event, with three exceptions:
(a) Unloaded weapons may be carried within motor vehicles that are passing through,
without stopping, the Phase 2 closure area on designated playa routes;
(b) County, State, Tribal, and Federal law enforcement personnel who are working in
their official capacity at the event are not prohibited from possessing or discharging
weapons; and
(c) Art that includes weapons will be allowed only after receipt of authorization from
both the special recreation permit holder and the BLM authorized officer.
(2) Definitions:
(a) Weapon means a firearm, compressed gas or spring powered pistol or rifle, bow and
arrow, cross bow, blowgun, spear gun, hand-thrown spear, sling shot, irritant gas
device, electric stunning or immobilization device, explosive device, any implement
designed to expel a projectile, switch-blade knife, any blade which is greater than 10
inches in length from the tip of the blade to the edge of the hilt or finger guard nearest
the blade (e.g., swords, dirks, daggers, machetes), or any other weapon the possession
of which is prohibited by State law. Exception: This rule does not apply in a kitchen
or cooking environment or where an event worker is wearing or utilizing a
construction knife for their duties at the event.
(b) Firearm means any pistol, revolver, rifle, shotgun, or other device, which is designed
to, or may be readily converted to, expel a projectile by the ignition of a propellant.
(c) Discharge means the expelling of a projectile from a weapon or the ignition of a
propellant.
M. Enforcement
Any person who violates this temporary closure or any of these temporary restrictions may be
tried before a United States Magistrate and fined in accordance with 18 U.S.C. 3571, imprisoned
no more than 12 months under 43 U.S.C. 1733(a) and 43 CFR 8360.0–7, or both. In accordance
299
with 43 CFR 8365.1–7, State or local officials may also impose penalties for violations of
Nevada law. (Authority: 43 CFR 8364.1.)
RATIONALE: Authority for closure of public lands is found in 43 CFR 8340 subpart 8341, 43
CFR 8360 subpart 8364.1, and 43 CFR 2932.
EXEMPTIONS: The above restrictions do not apply to emergency vehicles and vehicles owned
by the United States, the State of Nevada, or Pershing County. Vehicles under permit for operation
by event participants must follow the event permit stipulations.
This order does not apply to Federal, State, and local officers and employees in the
performance of their official duties; members of organized rescue or firefighting forces in the
performance of their official duties; and persons with written authorization from the BLM.
This order does not apply to activities conducted under contract with the BLM, agency
personnel monitoring the event, or activities conducted under an approved plan of operations.
Authorized users must have in their possession a written permit or contract from the BLM,
signed by the
authorized officer.
LOCATION: The legal description of the affected public lands in the temporary public closure
area of both stages is Mount Diablo Meridian, Nevada:
Phase 1, being the smaller area of 9,941 acres, will be effective for 25 days prior to build week.
Phase 1 resumes for 29 days following the end of Phase 2.
Phase 1:
Mount Diablo Meridian, Nevada
T. 33 N., R. 24 E., unsurveyed,
sec. 1, those portions of the N1/2 lying northwesterly of playa access road;
sec. 2, N1/2 and SW1/4;
sec. 3;
secs. 4 and 5, those portions lying southeasterly of Washoe County Road 34;
sec. 9, N1/2.
T. 33 1/2 N., R. 24 E., unsurveyed,
secs. 25 and 26;
secs. 27, 33, and 34, those portions lying southeasterly of West Playa Highway;
secs. 35 and 36.
T. 34 N., R. 24 E., partly unsurveyed,
sec. 25;
secs. 26 and 27, those portions lying southeasterly of West Playa Highway;
sec. 34, those portions of the E1/2 lying southeasterly of West Playa Highway;
secs. 35 and 36.
T. 34 N., R. 25 E., unsurveyed,
sec. 16, SW1/4SW1/4;
300
sec. 21;
sec. 27, W1/2NW1/4 and W1/2SW1/4;
sec. 28;
sec. 33, N1/2 and SW1/4;
sec. 34, W1/2NW1/4.
The area described contains 9,941 acres, more or less, according to the BLM National Public
Land Survey System Cadastral National Spatial Data Infrastructure (PLSS CadNSDI) dataset,
the protraction diagrams, and the official plats of the surveys of the said lands, on file with the
BLM.
Phase 2, being the larger area of 51,149 acres, includes all of Phase 1, will be effective for 20
days which covers six (6) days prior to the Event and last until five (5) days after the Event.
Phase 2:
Mount Diablo Meridian, Nevada
T. 33 N., R. 23 E.,
sec. 25, NE1/4NE1/4, S1/2NE1/4, SE1/4NW1/4, NE1/4SW1/4, S1/2SW1/4, and SE1/4;
sec. 26, S1/2SE1/4;
sec. 35, NE1/4, SE1/4NW1/4, N1/2NE1/4SW1/4, N1/2NW1/4SW1/4, N1/2NE1/4SE1/4,
and N1/2NW1/4SE1/4;
sec. 36, N1/2, N1/2NE1/4SW1/4, N1/2NW1/4SW1/4, N1/2NE1/4SE1/4, and
N1/2NE1/4SE1/4.
T. 33 N., R. 24 E., unsurveyed,
secs. 1 thru 3;
sec. 4, those portions lying southeasterly of Washoe County Road 34;
sec. 5;
sec. 8, NE1/4, S1/2SW1/4, and SE1/4;
secs. 9 thru 12 and secs. 14 thru 17;
sec. 18, SE1/4NE1/4, S1/2SW1/4, and SE1/4;
secs. 19 and 20;
sec. 21, excepting M.S. No. 4800;
sec. 29, N1/2;
sec. 30, N1/2.
T. 33 1/2 N., R. 24 E., unsurveyed,
secs. 25 thru 27;
secs. 28, 29, and 33, those portions lying easterly and northeasterly of Washoe County
Road 34;
secs. 34 thru 36.
T. 34 N., R. 24 E., partly unsurveyed,
secs. 1 and 2, secs. 11 thru 14, and secs. 23 thru 26;
sec. 27, E1/2NE1/4, E1/2SW1/4, and SE1/4;
sec. 32, those portions of the SE1/4 lying northeasterly of Washoe County Road 34;
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sec. 33, NE1/4NE1/4, S1/2NE1/4, those portions of the SW1/4 lying northeasterly of
Washoe County Road 34, and SE1/4;
secs. 34 thru 36.
T. 33 N., R. 25 E.,
secs. 2 thru 4, those portions lying northwesterly of the Black Rock Desert, High Rock
Canyon National Conservation Area boundary.
T. 34 N., R. 25 E., unsurveyed,
secs. 1 thru 4, secs. 9 thru 16, secs. 21 thru 28, and secs. 33 and 34;
secs. 35 and 36, those portions lying northwesterly of the Black Rock Desert, High Rock
Canyon National Conservation Area boundary.
T. 35 N., R. 25 E., unsurveyed,
secs. 25 thru 28 and secs. 33 thru 36.
T. 34 N., R. 26 E., unsurveyed,
secs. 6, 7, 18, 19, and 30;
sec. 31, those portions lying north of the Black Rock Desert, High Rock Canyon National
Conservation Area boundary.
T. 35 N., R. 26 E., unsurveyed,
secs. 30 and 31.
The area described contains 51,149 acres, more or less, according to the BLM National PLSS
CadNSDI, the protraction diagrams, and the official plats of the surveys of the said lands, on file
with the BLM.
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DATES: July 24, 2025 – October 5, 2025
NOTIFICATION METHODS AND POSTED LOCATIONS
https://www.blm.gov/announcement/blm-announces-temporary-closures-black-rock-desert-playa: The
BLM will post the dates for each Burning Man Event, copies of the temporary closure and
restrictions, and an associated map in kiosks at access points to the Black Rock Desert playa as
well as at the Gerlach Post Office, Bruno's Restaurant, Empire Store, Burning Man Project
Offices, Friends of Black Rock-High Rock Office, the BLM-Nevada Black Rock Station near
Gerlach, the BLM-California Applegate Field Office, and on the BLM website at the address
provided below every year at least 30 days prior to the events.
ADDRESS
Winnemucca District, 5100 E Winnemucca Blvd., Winnemucca, NV 89445-2921; BLM website:
www.blm.gov/nevada.
Posted on the Black Rock Field Office website at: https://www.blm.gov/office/black-rock-field-
office
ENFORCEMENT AND PENALTIES (Generic language, if appropriate): Any person who
violates the temporary closures or restrictions in this order may be tried before a United States
magistrate and fined in accordance with 18 U.S.C. 3571, imprisoned no more than 12 months
under 43 U.S.C. 1733(a) and 43 CFR 8360.0–7, or both. In accordance with 43 CFR 8365.1–7,
State or local officials may also impose penalties for violations of State law.
FOR FURTHER INFORMATION CONTACT: Jonah Blustain, Black Rock Field Office
Manager, 775-623-1500, jblustain@blm.gov
APPROVED BY: Samuel Burton, Winnemucca District Office, District June 24, 2025.
304
Indian Tree Road - Hawaii Belt
Road (State Highway H-19)
Intersection
305
Introduction
● Public road access to Indian Tree Road is provided by the Hawaii Belt Road
(H-19).
● This presentation describes the safety concerns we have with the Indian Tree
Road - H-19 Intersection.
● Following 6 Slides were sent to Harry Takiue, District Engineer, Department of
Transportation - Highways on 15 Dec 2021.
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307
308
309
310
311
312
Nov 2025 Update
● No substantive changes to this intersection
● Vegetation was recently cleared back but there have no permanent changes to
intersection such as cutting back the visibility obstructing embankment, signage,
speed limit reduction, removal of the passing zone, etc.
● Risks for “Falls on Fire” event - visitors unfamiliar with the dangers of this
intersection
● Additional risk factors resulting from heavy truck traffic
○ No acceleration or deceleration lanes
○ No dedicated left turn lane
○ Shorter available sight distances caused by the longer distance between the seated operator
position of a truck and the front of the vehicle
○ Additional sight distances required by slower vehicles entering a 55MPH highway
313
H-19 - Indian Tree Road (Mauka Facing)
Google Maps Dec 2024 Imagery
314
Re: [EXTERNAL] H-19 / Indian Tree Road Blind/Hidden Intersection (Dec 16, 2021
6:03:47 AM)
Subject Re: [EXTERNAL] H-19 / Indian Tree Road Blind/Hidden Intersection
From "Takiue, Harry H" < harry.h.takiue @hawaii.gov>
To Lichun Huang < jimlichun@gmail.com >
Date Sent Dec 16, 2021 6:03:40 AM
Date Received Dec 16, 2021 6:03:47 AM
Comments
PDF https://drive.google.com/file/d/17tWWTOibZRijSTvcffIyFjP2QSzbZYdk/view
Attachments
Hi Jim,
Thank you for bringing this to our attention.
We will have our staff take a look at this and get back to you.
Thank you,
Harry Takiue
District Engineer
Department of Transportation - Highways
50 Makaala Street
Hilo HI 96720
(808) 933-8866
----------------------------------------------------------------------------
From: Lichun Huang <jimlichun@gmail.com>
Sent: Wednesday, December 15, 2021 4:02:21 PM
To: Takiue, Harry H <harry.h.takiue@hawaii.gov>
Subject: [EXTERNAL] H-19 / Indian Tree Road Blind/Hidden Intersection
Aloha Harry
I am writing to you to report concerns over a possible safety issue resulting
from a blind / hidden intersection. This intersection is located at the junction
of Indian Tree Road and H-19 located at ~8.3 milepost.
I've taken a few pictures and combined them with some images courtesy of Google
Maps in the attached presentation in order to help describe the issue.
I don't believe it would take more than possibly some additional signage,
possibly a mirror, and/or cutting back the embankment to reduce the hazard. I
have contact information for most Indian Tree property owners in case any action
is needed on our part.
315
I live on Indian Tree Road mauka. This is a private road. Formally an old cane
haul road which can be found on maps at least since dating back to 1915, So I
believe this intersection has existed since the Mamalahoa hwy.
re-alignment.between Papaikou and Pepeekeo. But the hazard is probably a result
of continuous slope creep at road embankment - something I am sure you are all
too familiar with the roads along the Hamakua coast.
Regards
Jim
Jim McMahon & Lichun Huang
jimlichun@gmail.com
510-598-6074
PO Box 340, Papaikou, HI, 96781
--
Jim & Lichun
316
317
318
319
320
321
322
323
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325
Indian Tree Road issues (Jan 10, 2022 11:14:43 AM)
Subject Indian Tree Road issues
From Lichun Huang < jimlichun@gmail.com >
To betoandmaia@gmail.com, canamyfarms@gmail.com,
enrique@calhawaii.com, evantherock@gmail.com , jieyus@msn.com,
Lichun Huang <jimlichun@gmail.com>, Scott.hoyt@gmail.com,
teppy@egenesis.com
Date Sent Jan 10, 2022 11:14:43 AM
Date Received Jan 10, 2022 11:14:43 AM
Comments
PDF https://drive.google.com/file/d/1WlTzBgZIR7gtlOivG7STwDpH3umMRaWL/v
iew
Attachments
Hi fellow Indian tree road users.
Firstly, I would like to welcome Andrew Tepper to this distribution list. Andrew
took over ownership of the Kalaoa Ranch last year.
2 issues I would like to discuss are:
1. Road repairs. Regular users of the road should be familiar with the degrading
condition of the lower section of the road. I am referring to the road section
straddling lots 1 & 2 = about 800' long The pavement is thinning out over this
section with several large potholes forming. Unfortunately, a few users have
seeked to avoid the potholes and to drive outside of the normal travel width and
on to the shoulders. This is damaging the shoulders, making life difficult for
those maintaining the grass along the road, and also increasing the risk of
damage to the buried utilities along the road. So I am proposing that we strip
and replace ~800' of pavement to a width of 15'. Present width varies between
14-18'. Cost is estimated to be about $80 per linear foot or ~$65K total. We
would also have to discuss how to share the costs. There are a total of 6 lots
serviced by this section of the road beginning with my lot (lot #2). The road
above lot 2 is also in deteriorating condition. So some may wish to use this
opportunity to discuss improvements and repairs to other sections of the road.
2. Speeding. Some users are traveling at unsafe speeds. I believe we should
install speed controls such as speed bumps and erect signage limiting the speed
15MPH in keeping with the practices observed for similar private roads found in
the area. Cost is estimated be ~$1000/bump not including painting and signage.
Additional barriers may also be required in order to dissuade users from driving
around them.
Looking forward to receiving your inputs on these topics.
326
Jim
--
Jim & Lichun
327
Re: Camping Weekend (Aug 18, 2023 10:45:10 AM)
Subject Re: Camping Weekend
From Lichun Huang <jimlichun@gmail.com>
To Andrew Tepper <teppy@egenesis.com>
Date Sent Aug 18, 2023 10:45:10 AM
Date Received Aug 18, 2023 10:45:10 AM
Comments
PDF https://drive.google.com/file/d/1YpxLE3uoGtc9PbZaMxv32UO_0roNDH8x/vi
ew
Attachments
Hi Teppy
Thanks for letting us know. How many vehicles are you anticipating? There have
been several moderately large events on your property and others up there over
the years with probably >100 vehicles. Usually not a problem unless overflow
parking is needed along the road. But your event is probably located some
distance inside the ranch.
In general we would like to see the road repaired and improved so it can better
accommodate the increasing traffic. When it gets dry, the dust is starting to be
a problem along with the noise. The ambient traffic volume could justify
widening the road to 2 lanes (~20 ft.). However, we would prefer to keep it to 1
lane but provide paved pullout areas along its length allowing downhill traffic
to yield to the uphill traffic. Minimizing the paved areas will keep costs down
while reducing runoff/drainage issues. We also need to post speed signs and some
traffic calming devices in order to reduce some of the hazards to the regular
road users such as us. The latter is still on my To Do list. We hope to
get around to it sometime this fall. Hopefully Roger doesn't destroy them as he
threatened to do in the past. Him and one other user "Beto" cannot seem to
differentiate between the width of the easement (50') and the width of the road
contained within - insisting that the full 50' be made available for vehicle
traffic and completely clear of any obstructions incl. signage, fences, and even
in Beto's case - pedestrians:-(.
Keep the blue side up!
Jim
On Thu, Aug 17, 2023 at 12:49 PM Andrew Tepper <teppy@egenesis.com> wrote:
Jim,
I'm planning to have some friends from Burning Man over to the property in
November for camping, music, enjoying the waterfalls, etc. This will create a
bit of traffic on the road, so I wanted to chat with you first to discuss ways
that we can minimise any disruption. Do you have time for a quick call?
328
Teppy
1-412-973-7914
--
Jim & Lichun
329
Re: Falls on Fire 2024 (Oct 30, 2024 5:50:58 PM)
Subject Re: Falls on Fire 2024
From Jim McMahon <jimlichun@gmail.com>
To Andrew Tepper <teppy@egenesis.com>
Date Sent Oct 30, 2024 5:50:58 PM
Date Received Oct 30, 2024 5:50:58 PM
Comments
PDF https://drive.google.com/file/d/1IqAA9hI6XTrlvE5n9gg-IBSPnxT5DY9o/view
Attachments
Hi Andrew
I have no way of knowing who your guests are or which vehicles they may be
travelling in. But I have not been stopping vehicles and asking them not to
trespass. I have occasionally stopped vehicles or persons on our property
including on the road to determine if they have any business being here
especially if they give me cause. This happens occasionally but rarely have I
had to call the police as usually the threat of calling the police is enough to
send them on their way. But we certainly do have at least a few trespassers.
Mostly during the day when the gate by the Belt Road is open. Like many
properties in this area, we have unfortunately been the victims of multiple
thefts and some vandalism. It's one of the unfortunate reasons that we will be
investing in additional gates, cameras, and other additional security
infrastructure. Hopefully, none of your guests will give us cause to stop them
or to call the police.
The County has informed me about your Special Permit application for both the
annual Falls on Fire event and "vehicle storage" uses. Is the latter request to
allow your tenant Roger Uchima to resume daily use of a portion of your property
as a baseyard for his heavy equipment rental business? I would not have expected
the County to allow 2 unrelated uses to be included in the same application. In
any case, the County has also informed me that the hearing for your application
before the Windward Planning Commission will not take place until next year
(2025). Which means this year's event will again take place without the required
permits, while you still have an open/unresolved violation for last year's
event, and after the County has explicitly informed you not to hold the event
until if/after you have been granted the Special Permit.
I would at least like to thank you for finally applying for the Special Permit
as we discussed last year. But it continues to be disappointing that you have
not given our community and County a chance to weigh in and to decide if this
event and its location are appropriate beforehand.
What gate are you referring to? The gate at the bottom of Indian Tree road along
330
the Belt road that normally is closed between 6pm-6am or the gate located at the
entrance to your property? If it is the gate along the belt road, will you have
someone posted there to verify that people entering after 6pm are your guests or
otherwise authorised to use our road? Also, my other concern is I am often
walking along our narrow and unlit road after dark to check on things. I will
try to find some temporary street lights to improve safety. But I would again
ask that you have your guests travel at an appropriately slow speed for such a
road.
Jim
On Wed, Oct 30, 2024 at 7:17 AM Andrew Tepper < teppy@egenesis.com > wrote:
Jim,
I'm writing as a courtesy to let you know that Falls on Fire will be taking
place Friday November 8th - 11th, with a number of vehicles arriving the day
before for setup. Guests will be departing on Sunday and Monday. I expect
approximately 100 vehicles total spread out over two days for entry, and two
days for exit. The gate will close at 9:00 p.m. each night, though we may
extend this by 1 hour on Friday if that's when arrivals seem to be
concentrating.
It is my understanding that you have been stopping vehicles on Indian Tree
Road and telling them not to "trespass." Please do not do this to my guests.
Andrew Tepper
--
Jim & Lichun
331
BEFORE THE COUNTY OF HAWAIʻI WINDWARD
PLANNING COMMISSION
CONTESTED CASE HEARING
In the Matter of the Application of
Teppy Mountain LLC
For a Special Permit (PL-SPP-2024-000075)
Contested Case No. PL-CCH-2025-000025
REBUTTAL SUBMISSION BY THE INTERVENORS
J. McMahon and L. Huang
Filed: November 11, 2025
I. INTRODUCTION AND SCOPE
Pursuant to the Contested Case Scheduling Order, Contestants J. McMahon and L. Huang
respectfully submit this rebuttal to address factual inaccuracies, omissions, and contradictions
found in the Applicant’s Exhibits and the County of Hawaiʻi Planning Department’s
recommendation concerning Special Permit Application PL-SPP-2024-000075.
This rebuttal is limited to clarifying factual matters presented in the record and to ensuring that
the Commission’s evaluation is based on accurate and complete information regarding the
nature of the use, the easement access, and the impacts on surrounding agricultural properties.
II. REBUTTAL POINTS
1. Reliance on the Original Misleading Application
The Planning Department’s recommendation appears based primarily on the Applicant’s original
submission, which contains misleading and incomplete statements. The listed activities in the
application should be compared to the actual on-site uses and conditions, including the
large-scale theme camps set up for prior events, the activities advertised by the event website,
and comparably similar events that take place elsewhere such as Nevada’s “Burning Man” and
other regional Burning Man themed events.
332
2. Private Non-Exclusive Easement and Overburdened Access
The entire roadway providing access to the subject property lies within a private non-exclusive
easement crossing multiple servient parcels. Use of private agricultural property for
non-agricultural or public event access constitutes overburdening.
3. Internal Contradiction in Planning Department Findings
The recommendation states that “lands within agricultural districts might not be best suited for
agricultural activities” and may accommodate other uses. However, it simultaneously
acknowledges that the parcels in question are prime agricultural lands that “should be reserved
for agricultural activities.” These positions are contradictory and undermine the policy intent of
the State Land Use Law and County Zoning Code.
Similarly, the recommendation concludes that the proposed uses do not unreasonably burden
public agencies such as fire and police but then goes on to list a number of public agencies that
will need to be consulted prior to each annual event.
4. Adverse Effects on Surrounding Properties
The assessment does not account for impacts on servient properties burdened by the
easement. Continuous non-agricultural traffic, dust, and diesel exhaust directly impacts open-air
agricultural processes critical to farm viability. The proposed uses therefore adversely affect
neighboring agricultural operations. These same impacts also make other permitted adjunct
agricultural uses less desirable including farm dwellings and agritourism.
5. Repeated Violations and Unfulfilled Assurances
Despite prior violations, cease-and-desist orders from the Hawaii County Planning Director, and
written assurances to the Planning Department that no future events would be held until proper
approvals were obtained, a similar event occurred again on November 7–10, 2025, as
evidenced by 30 portable toilets and an effigy transported up the access road, significant traffic
increase, increased noise, smoke, and social media posts. The condition requiring resolution of
outstanding violations and fines remains unmet.
6. Burden of Roadway Maintenance on Servient Owners
The Planning Department’s recommendation fails to consider the maintenance burden imposed
on servient landowners whose private easement provides the only access to the Applicant’s
site. The cost of resurfacing only a small fraction of the road length (approximately $65,000 to
resurface ~800 feet of the existing ~3500 foot long single lane road was quoted in 2021) far
exceeds the $5,000 amount the permit condition proposed. The annual cost of simply
maintaining the vegetation along the length of the road may alone exceed $5000. There is no
enforceable maintenance plan for regular upkeep or for damage caused by the increased traffic
or the heavy vehicle use. Then there are many other improvements required in order to make
the road safe for both the users and surrounding landowners.
333
7. Change to Agricultural Character and Loss of Arable Land
The Hamakua Community Development Plan requires that proposed uses “not substantially
alter the essential character of the land.” Expanding road width and heavy vehicle use across
private farm parcels would significantly alter the agricultural use and landscape of the impacted
servient parcels.
8. Wildlife Impact Misrepresentation
Exhibit 2 mentions that the endangered Hawaiʻi ʻio (Hawaiian Hawk) “may occasionally traverse
the site.” However, a breeding pair has been observed on the servient parcel continuously for at
least six years, indicating regular occupancy. The impact assessment should reflect this
established presence.
9. Incomplete and Incorrect Access Documentation
The Applicant originally submitted an incorrect access document, later replaced by a deed that
omits the referenced easement grant. The easement grant, which specifies non-exclusive
access and full use rights reserved to the grantor, was not included in the analysis. This
omission materially affects the legal and factual assessment of access rights.
10. Traffic Impact Contradiction and Improper Zoning Classification
The Applicant claims that the commercial vehicle storage area “will not generate significant
traffic.” However, neighbor testimony and direct observation show that the site functions as a
heavy equipment rental base yard with frequent hauling of heavy construction machinery. The
resulting road damage is unaddressed in both the application and the proposed conditions.
Importantly, the Planning Department correctly identifies that the proposed use is not a simple
storage site but a heavy equipment rental base yard operation . Such a use is properly
classified as industrial or commercial in nature, not agricultural. Locating this activity within the
State Agricultural District, and accessing it via private agricultural easements, directly
contradicts the intent of Hawaiʻi Revised Statutes Chapter 205, County agricultural zoning
provisions, County Development Plans, and the Hāmākua Community Development Plan.
III. CONCLUSION
For the reasons outlined above, the Intervenors respectfully request that these rebuttal
materials be entered into the record of the contested case proceeding for full consideration by
the Hearing Officer and the County of Hawaiʻi Planning Commission. The factual
inconsistencies, misrepresentations, and ongoing violations demonstrate that the proposed use
does not meet the criteria for approval under the State Land Use Law or the County Zoning
Code.
334
Respectfully submitted,
/s/ L. Huang
/s/ J. McMahon
Date: November 11, 2025
335
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was
served upon the parties identified below by electronic mail service pursuant to Planning
Commission Rule 4-3 on November 11, 2025.
Delivered via electronic mail (e-mail):
Cal Chipchase
Jake Honigman
Cades Shutte LLP
1000 Bishop Street, Suite 1200
Honolulu, HI 96813
Email: cchipchase@cades.com
jhonigman@cades.com
Attorney for Applicant
Jeffrey W. Darrow, Planning Director
101 Pauahi Street, Suite 3
Hilo, HI 96720
VIA EMAIL: jeff.darrow@hawaiicounty.gov
Jean Campbell, Esq., Deputy Corporation Counsel for Planning Department
101 Aupuni Street, Unit 325
Hilo, HI 96720
VIA EMAIL: jeank.campbell@hawaiicounty.gov
Attorney for the Planning Director
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
Email: sherrybroder@sherrybroder.com
Hearings Officer
Dated: Papaikou, Hawaiʻi, November 11, 2025.
James McMahon and Lichun Huang
P.O. Box 340
Pāpa’ikou, HI 96781
Email: jimlichun@gmail.com
Intervenors
336
From:Scott Whitmarsh II
To:Planning WPC Testimony
Subject:Testimony for TEPPY MOUNTAIN LLC (PL-SPP-2024-000075)
Date:Tuesday, November 11, 2025 7:55:20 PM
Aloha Kākou,
My name is Scott Whitmarsh II, and I reside in Hilo. I strongly urge you to deny the permits
pertaining to TEPPY MOUNTAIN LLC (PL-SPP-2024-000075).
Hawai’i is absolutely no place for such an event. This event is littered with culturalappropriation and ignorant hippie culture. The ‘āina of Hawai’i is sensitive and events like
these do irreparable harm to native plants, birds, insects etc.
The ‘āina is dry and having such an event could spark massive fires.
Mahalo Nui for your time,
Scott Whitmarsh II
Sent from Gmail Mobile
337
From:kapulei flores
To:Planning WPC Testimony
Subject:Thursday Testimony - Teppy Mountain LLC
Date:Tuesday, November 11, 2025 3:32:52 PM
Aloha,
I am writing testimony against the Teppy Mountain LLCʻs (Andrew Tepper) request for a
permit. As a Native Hawaiian who was born and raised on Hawaiʻi Island, it shocks me thatsomeone would be allowed to hold this type of event here when it poses such an
environmental fire hazard. This year especially the hamakua and hilo coast have beenexperiencing damaging fires. Allowing this type of fire hazard in a vulnerable area while our
island is in a massive drought is beyond irresponsible and is allowing for something bad toinevitably happen that could cause immense damage to our ʻāina. Besides the dangerous
environmental hazards, this type of event is not meant to be held on an island let alonePapaikou. This is a case of a rich foreigner coming to Hawaiʻi, buying up a bunch of land, and
then thinking that they can do anything and are above the rules. He has already been holdingthese events, it is due time to take action and protect our land, communities, and way of life in
Hawaiʻi.
I will not be able to attend the meeting in person or zoom in, which is why I am submittingwritten testimony.
Mahalo, Kapulei
338
From:Scott Whitmarsh II
To:Planning WPC Testimony
Subject:Testimony for TEPPY MOUNTAIN LLC (PL-SPP-2024-000075)
Date:Tuesday, November 11, 2025 7:55:20 PM
Aloha Kākou,
My name is Scott Whitmarsh II, and I reside in Hilo. I strongly urge you to deny the permits
pertaining to TEPPY MOUNTAIN LLC (PL-SPP-2024-000075).
Hawai’i is absolutely no place for such an event. This event is littered with culturalappropriation and ignorant hippie culture. The ‘āina of Hawai’i is sensitive and events like
these do irreparable harm to native plants, birds, insects etc.
The ‘āina is dry and having such an event could spark massive fires.
Mahalo Nui for your time,
Scott Whitmarsh II
Sent from Gmail Mobile
339
From:Chuck Flaherty
To:Planning WPC Testimony
Subject:Teppy Mountain, LLC (PL-SPP-2024-000075)
Date:Tuesday, November 11, 2025 11:15:20 AM
Aloha,
Please see attached testimony re: Contest Case Proceeding, Applicant Teppy Mountain, LLC(PL-SPP-2024-000075).
Mahalo
340
Sierra Club Hawaiʻi Island Group, P O Box 1137, Hilo HI 96721 | sierraclubhig.org
November 11, 2024
Windward Planning Commission
101 Pauahi St, Ste 103
Hilo HI 96720
Re: Contested Case Proceedings for Teppy Mountain, LLC (PL-SPP-2024-000075)
Aloha Chair Daniele and Commission members,
The Hawai’i Island Group (HIG) first learned in the summer of 2024 that Teppy Mountain LLC
was continuing with plans to hold an unpermitted event in November 2024 called "Falls On
Fire".
Sierra Club of Hawai'i and the HIG had been tracking this issue since earlier in the year because
of concerns about the potential environmental impacts of this event on surrounding Conservation
land, given hundreds of people will be involved. In addition, the property was originally owned
through a Great Mahele Royal Patent held by King Lunalilo, Hawai'i's first elected monarch and
known as "The People's King".
As a result of numerous complaints by local residents, the Planning Department ordered the
property owner to cease-and-desist advertising and taking reservations for the unpermitted
event.
At the time, HIG had mistakenly assumed that Teppy Mountain had complied with the cease-and
desist order because Teppy Mountain took down the online website for the event in the summer
of 2024. But HIG later learned the website was back up and registering participants.
Teppy Mountain continued to market the event as Hawai'i's version of "Burning Man" and
maintained plans for the event to double in size each year.
After a member of HIG contacted the state Land Use Commission (LUC), the LUC sent a letter
in July 2024 to the Planning Department supporting enforcement action against the unpermitted
use within the state Agriculture district by stating, "Land Use Commission Staff are of the
opinion that a special permit or district boundary amendment is needed."
In August 2024 the Planning Department issued the cease-and-desist order, proposed fines, and
granted an extension of time to allow Teppy Mountain time to submit a special permit
341
2
application. The extension included the statement, "...if the special permit is not obtained prior
to the date of the upcoming November 8-11, 2024, event, the event shall not be held."
Shortly thereafter, a special permit petition was submitted to the Planning Department by a land
use consultant, Land Planning Hawai'i LLC, on behalf of Teppy Mountain.
After reviewing the August 2024 petition, HIG determined it was be incomplete and did not meet
the requirements of county Planning Commission Rule 6, "Special Permits".
For instance, the petition stated, "It is not known whether the subject site or immediate
surrounding area was ever used for traditional and customary rights by native Hawaiians." This
is a disturbing misstatement of fact in that it reflects the same colonial mindset that resulted in
the overthrow of the Kingdom of Hawai'i and the suppression of kanaka maoli traditional and
customary practices and language after the overthrow.
The petition also stated, "There are no public access points to mountainous areas from the
subject site and no cultural resources are known to be located on the property." Article XII,
Section 7 of the state constitution states, "The State reaffirms and shall protect all rights,
customarily and traditionally exercised for subsistence, cultural and religious purposes and
possessed by ahupua'a tenants who are descendants of native Hawaiians who inhabited the
Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights." That
Teppy Mountain and their land use consultant adopted a "don't ask, don't tell" position, rather
making an effort determine whether or not any potential rights of kanaka maoli exist, is
unacceptable and irresponsible..
The petition was also an attempt to circumvent the authority of the LUC e Commissionby
describing an arbitrary 14.9 acre site for the event within the legally described 1,419-acre state
land use Agriculture district property. This argument was made because boundary amendments
to state land use districts for parcels less than 15 acres are not required to go before the state
Land Use Commission, but can instead be changed on the county level. This is a common
loophole used by real estate land developers.
However, LUC staff informed HIG that the permit application must include a licensed surveyor’s
map and a detailed description of the metes and bounds of the 14.9 acre area to be used for the
event. Given that participants in the event roam the extensive property and have not and will not
limit their activities to any 14.9 parcel that may be surveyed, any permit application will be
fatally flawed and should be rejected.
Despite the Notices of Violation of state land use law and cease-and-desist order from the county
Planning Department, permit applicant held the Falls of Fire event and continues with plans to
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hold this event annually with or without county and state approval. Such reckless disregard for
the law must not be allowed or enabled.
The fines that have been assessed to date are “pocket change” for the property and it is clear that
the property owner is simply ignoring the county Planning Department’s attempts to bring the
permit applicant into compliance with state and county law. A cease-and-desist order has
already been simply being ignored. It appears that neither the Planning Department or state
Land Use Commission have the ability to actually prevent this event from occurring, despite
local opposition and county enforcement efforts, unless legal action is taken and a court order is
obtained.
Given the permit application is not complete and the experience the county has had with the
applicant simply ignoring the county’s attempts to administer state and county laws pertaining to
this event, HIG urges the Windward Planning Commission to deny the permit application.
SF
Mahalo for this opportunity to testify.
Please read the following two articles published by SFGate for a more comprehensive
understanding:
“Hundreds of Burning Man-style campers to descend on rural Hawaii, angering locals”
By Libby Leonard, Freelance writer, 11/7/25.
Despite being hit with violations, fines and cease-and-desist orders, an event called Falls on Fire
is set to take place on Hawaii Island from Nov. 8 to 11.
Inspired by Burning Man, the festival has themed camps, music, dancing and swimming in
waterfalls, with a focus on art, radical self-expression and community, according to its website.
However, the event — which also took place last year without permits — has sparked concern
from locals, environmentalists and government agencies for its potential impact and burning art,
which they say threatens surrounding conservation district land near the Hilo Forest Reserve.
Backlash erupted after last year’s Falls on Fire, which had 100 attendees, a temple, art
installations and an effigy that was lit on fire, similar to the “burning of the man” that happens at
the infamous Nevada festival. The burning of the effigy was a point of contention for many,
particularly because it was held a few months after the Lahaina wildfires.
A Pennsylvania-based landowner, Andrew Tepper, who owns land in Papaikou under Teppy
Mountain LLC, holds the event on a 14.7-acre area of a larger 1,419-acre parcel, according to
filings.
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The parcel is zoned for agriculture, which means that a Burning Man-esque festival is not an
approved use of the property and requires a special permit — another issue for many.
“It was longer, larger and noisier than we were led to believe,” said Jim McMahon, who owns a
farm nearby. McMahon filed a formal complaint over the 2023 festival.
The state Land Use Commission has received complaints about both last year’s event and this
year’s. In a letter to the Hawaii County Planning Department, the commission expressed concern
over significant impacts to the surrounding environment, including overnight camping and
“burning art.” It suggested a special permit or district boundary amendment would be needed,
and urged the department to take enforcement measures.
The Planning Department also received several complaints about the 2023 Falls on Fire event,
and opened an investigation. It determined that the event did need a permit, and said Tepper
knew that. The department issued a violation, a $5,500 fine, and a cease-and-desist on all
unpermitted events, including camping and overnight accommodation.
However, Tepper has continued to proceed with the 2024 Falls on Fire, saying that he was given
the wrong information. He told SFGATE that in 2023, when his event coordinator checked with
the Planning Department over the need for permits for what they described as a “camping event,”
a department employee said unofficially that they didn’t need a permit, and that if all they were
doing was camping on his own property, that he should just have fun.
Tepper added that he had called the police and gotten their consent. He also said that the fire
department sent out two officers, who determined that he was in a rainforest, so there shouldn’t
be a wildfire risk. He said that he also reached out and alerted neighbors.
“I don’t know what more I could’ve done,” he said.
According to public documents, event organizer Gina Chen did reach out to inquire about event
permits in August 2023, prior to the event. But when SFGATE asked the Planning Department
what its formal response was, it sent a screenshot, which noted the event was “not permitted
use.”
“I’m concerned that like the large event in Nevada, it will likely grow every year,” McMahon
said. Burning Man, which started off with just a dozen friends, now caters to 80,000 people, with
notable environmental impacts. He added that while Tepper had initially characterized the 2023
festival as a one-time event, McMahon later found out that Falls on Fire would take place
annually.
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Tepper, who said no other neighbors had an issue with his event, said that he likes creating cool
experiences for people and that he considered what they were practicing gentle use of the land.
He said that a Burning Man tradition involves building a temple and lighting it on fire, and that
they were going to do the same. But last year, after the Lahaina wildfires, participants instead
created a water-based temple, where attendees wrote their thoughts on paper that dissolved in
water, surrounded by plants. Fire-spinning took place around crushed rock surfaces that were 30
to 60 feet wide, so there was no way to start a fire, according to Tepper. However, an effigy was
burned in a remote field, far from trees or tall grass, he said.
“There hadn’t been a Burning Man event in Hawaii since 2015, and everyone said it was just like
an outpouring of love and what the Burner community needed,” he said, adding that people
couldn’t ask for any better use of the land.
After the fine and the cease-and-desist, Tepper hired consultants Land Planning Hawaii LLC to
apply for a special use permit for the event. He was instructed to do so three months ahead of
time. If the Planning Department approves the application, the matter would then be placed on
the agenda for the Windward Planning Commission, which is responsible for the final decision-
making, and allows for the community to weigh in on whether to approve the permit.
Christian Kay, a planner with the department, said that he was just going through the updated
paperwork as of last week and the earliest they would likely review it with Windward Planning
would be January 2025. He urged the consultants and Tepper to not hold the event this weekend
without a permit.
Kay also told SFGATE that paperwork decisions were delayed because the submitted application
was too broad and unclear, making it difficult to assess the request, its impacts, and the
conditions for the special permit.
One unclear aspect was the use of fire. While Tepper told SFGATE that attendees planned to
bring fire pits and burn a large wooden “Bee Man” effigy in a remote field, the application only
mentioned a designated “bonfire” area. Tepper explained this omission, saying he didn’t want to
explain the significance of the “burn the man” effigy to bureaucrats.
While the intention for the 2024 event is to host 200 people, Tepper also requested an increase in
attendance to 500 people for future events in the permit application.
Sierra Club Hawaii Island Group (HIG), which has been tracking the event, also recently
released a statement against the event, citing the permit application’s lack of archaeological and
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cultural impact studies. HIG criticized the application’s assertion that it’s unclear whether the
site was ever used for Native Hawaiian practices, calling it “disturbing” and reflective of “the
same colonial mindset that resulted in the overthrow of the Kingdom of Hawaii” and the
suppression of Native Hawaiian traditions.
For those who want the event shut down, Jeff Darrow, deputy director of the Planning
Department, said, “Unfortunately, we don’t have such enforcement to initiate an aggressive
enforcement action, such as showing up and shutting the event down.”
He added that there is not much else they can do to stop it beyond fines and eventual lawsuits. In
a Nov. 4 letter, the Planning Department told Tepper and Land Planning Hawaii, “If you hold or
allow the event without a Special Permit, we shall assess fines to our fullest extent and may seek
any and all remedies permitted by law including the possibility of criminal prosecution.”
In the letter, Tepper’s fines had risen to $21,400. He plans to appeal.
Not everyone is against the event. Neighbor Evan Rock sent in a letter of support for the permit
application, saying that Tepper is a “responsible neighbor” and “considerate member of our
community,” and that Falls on Fire “contributes positively to the community by providing a
venue for people to gather, enjoy various activities, and foster a sense of camaraderie.”
McMahon disagrees and worries about the potential impacts to his farm. He’s also concerned
about owners intentionally bypassing community engagement by violating land use rules, zoning
laws and ordinances.
He said most would agree this shouldn’t happen anywhere, especially not in Hawaii, where land
ownership and use is a more sensitive topic in comparison to most other places: “People should
also ask why this is allowed to happen. Is it because of corruption, are there problems with
staffing or organizational issues within various government departments, problems with the laws,
or perhaps no one cares?”
“In Hawaii, a mysterious landowner emerges amid Burning Man-style festival backlash, His
land buys rank him among Hawaii's biggest landowners, between Ellison and Zuckerberg”
By Christine Hitt, Hawai’i contributing editor, 11/8/2025.
“On the island of Hawaii, a relatively unknown buyer is purchasing large portions of land,
rapidly becoming one of Hawaii’s largest landowners, while also stirring controversy with a
Burning Man-inspired annual festival he is trying to cultivate.
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Since 2021, Pennsylvania native Andrew Tepper has bought over 14,000 acres in Papaikou near
Hilo, according to public records, under his company Teppy Mountain LLC. Tepper held a
festival, called Falls on Fire, on his agriculturally zoned property in 2023 and 2024. The events
were unpermitted, sparking backlash among his neighbors and government agencies, who have
hit him with violations.
Hawaii County spokesperson Tom Callis told SFGATE that Teppy Mountain has been fined
$34,000 so far. “As this is a private event that involves many people that exceeds the customary
use of the agricultural property, it requires a Special Permit,” Callis said.
To comply, Tepper submitted a Special Use Permit with the Windward Planning Commission in
September 2024 for the annual event, which calls for a four-day-long festival with overnight
camping and commercial vehicle storage on approximately 14.7 acres of the Papaikou land, with
a maximum attendance of 500. As at Burning Man, a burning ceremony of an effigy is lit on fire
to close the event.
“Hawaiian culture and Burning Man culture share so many principals… decommodification,
communal effort, gifting, participation, ‘leave no trace’ - those are all things I keep noticing in
Hawaiian culture, and they are stated principles of Burning Man culture. Falls on Fire is such a
wonderful blending of those cultures,” Tepper told SFGATE in an email.
“If any readers are Burning Man participants, come visit my camp, Habitat for Insanity, and I
will serve you the fanciest, most delicious shave ice on the playa,” he continued.
Tepper is now awaiting a contested case hearing on Nov. 13, 2025, before a decision is made
about whether to approve or deny the permit. But until the permit is approved, the event is not
authorized to be held.
The Papaikou lands, outlined in the map, amount to over 14,000 acres near the town of Hilo,
Hawaii.
The Papaikou lands, outlined in the map, amount to over 14,000 acres near the town of Hilo,
Hawaii.
A private gathering
Despite repeated warnings by the Hawaii Planning Department not to hold the event, it took
place last year from Nov. 8 to 11, with over 200 attendees.
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No event has been publicized this year, but details were sent out to an email listserv from an
email address associated with Falls on Fire stating that an event would take place Nov. 7 to 9,
2025, referring to it as a “private gathering” with no charge and advising participants to “keep it
off all public pages” so it can avoid a “$500 per day fine.”
SFGATE obtained a copy of the email, dated Oct. 8, and it links to a new website with private
access and a “bible for everything FoF” that details rules, fire safety, sound policy, theme camps
and volunteer information. Tepper confirmed that it was from an email address that he and other
organizers are using, but also added that “it is not the email that invitations were sent from.”
Tepper also told SFGATE that he is “having a smaller private gathering while the permit is
pending. I hope to have the permit next year, and if I do, I will again welcome members of the
public to experience this incredible property.”
Hawaii County would not comment on whether it is aware of another event happening this year,
but did tell SFGATE that “the Planning Department will issue another notice” if an unpermitted
event is held.
Asked whether or not it is something that would get shut down, Hawaii County Police
Department told SFGATE it “does not necessarily enforce permit violations, however if we
received noise and/or other complaints then police would respond.”
Hawaii County said more or less the same: “Reports of illegal or unsafe activities can be made to
the Police or Fire departments, and they will respond based on the complaint.”
More land acquisitions
Earlier this year, Tepper purchased additional properties in the towns of Keaau and North Kona,
according to public records. Then in October, he made another large acquisition when he bought
the 792-acre Kupaianaha Ranch for $10.59 million. The ranch, near Hilo Forest Reserve, has
waterfalls, orchards, pastureland and a two-story, 8,542-square-foot log cabin.
Tepper told SFGATE he purchased the property because he likes agricultural land. “The new
property has a large lychee orchard that had been neglected, and I’ve already started tending the
trees. I’m hoping that by next year we’ll be producing a small crop, and then be back to full
production the following year or so,” Tepper told SFGATE in an email.
The purchase of Kupaianaha Ranch brings his total landholdings to over 15,000 acres on Hawaii
Island. By comparison, Hilo, the largest town on the island, is approximately 35,000 acres, while
the second-largest, Kailua-Kona, is 8,832 acres.
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It’s a sizable sum that puts Tepper among the top wealthy Hawaii landowners, somewhere
between Larry Ellison’s 87,810 acres on Lanai and Mark Zuckerberg’s 2,300 acres on Kauai.
Others, like Oprah Winfrey, Michael Dell and Jeff Bezos, fall below.
Tepper is the founder and president of game development studio eGenesis, which started in
1998. He is best known for his work on “A Tale in the Desert,” a massively multiplayer online
role-playing game, launching it in 2003. Then in 2013, eGenesis created Dragon’s Tale, an
MMORPG casino that uses cryptocurrency. Tepper graduated from Carnegie Mellon University
and ran a software company before starting eGenesis.
Aside from the Falls on Fire festival, it’s unclear what Tepper plans to do with the combined
15,000 acres, but he has a history of purchasing large properties in other states, including the
1,143-acre Dream Mountain Ranch in West Virginia in 2018. He opened it to guided trophy deer
and elk hunts the following year.
349
From:Chaden Shimaoka-bello
To:Planning WPC Testimony
Subject:Fall on fire
Date:Monday, November 10, 2025 3:24:06 PM
Aloha,
My name is Chaden Shimaoka-Bello. I am a resident and native Hawaiian living in the town
of Papaikou. I would like to vehemently oppose the proposal to hold the “fall on fire” festivalhere in my community. Holding the festival here would be a detriment to the land and the
surrounding communities that work hard to maintain a peaceful suburban environment wherenative flora and fauna can thrive without fear of disruption and distress. I along with my
fellow community members strongly encourage the council to shut this proposal down andprotect our native land and resources on this island.
Sincerely,
Chaden Shimaoka-Bello
350
From:Patch Rubin
To:Planning WPC Testimony
Subject:Re: Response to the Special Permit Request PL-SPP-2024-000075
Date:Monday, November 10, 2025 2:40:23 PM
Aloha,
I am writing in response to the Special Permit Request PL-SPP-2024-000075
I live on a property that shares a boundary line with the land seeking the permit. It is worthnoting that the site plan submitted is inaccurate and in fact includes my property as well as
anothers within the Subject Property. Attached are the 2 maps that were sent to me with circlesdrawn around my and my neighbors property to correctly show the boundary lines
I am attaching this response to my original response because my concerns have not changed or
been addressed.
It is clear that the organizers do not care what the county or the neighbors think or feel aboutthis. They will continue to have their event how they want regardless.
There was an event this past weekend Nov. 7-9. I could see the tents from house and smell
smoke coming down from the fires.
Smoke and fire danger as well as sound are my main concerns.
Last years event smoked out our house well into the next day, this year not as bad. This eventobviously wants to focus on large fire events and as this event grows I imagine bigger fires. At
night the winds blown down the mountain which blows the smoke directly into my house.
It is wet here but we are also in a drought. I could see the glow from the Mana Rd fire fromour house Friday night.
I say all this knowing that the organizers don’t care how it impacts their neighbors. They will
throw their events anyway. It is disappointing.
MahaloPatch Rubin
27-530 Indian Tree Rd
On Feb 2, 2025, at 11:13 PM, Wide Sky Guitars <patchdub@gmail.com> wrote:
Aloha,
I am writing in response to the Special Permit Request PL-SPP-2024-000075
I live on a property that shares a boundary line with the land seeking the permit. It is worth noting
that the site plan submitted is inaccurate and in fact includes my property as well as anothers within
351
the Subject Property. Attached is the 2 maps that were sent to me with circles drawn around my
and my neighbors property to correctly show the boundary lines
My concerns are Fire Safety, Smoke, Noise and Traffic.
FIRE-
Even though this is a wet area it is still possible for fires to get out of control. This being called
“Falls on Fire” will obviously mean that fires are a big part of the event. I would like assurances that
the organizers are prepared to handle a fire and that the fire department is on notice.
SMOKE-
Which leads to my next concern. In the evening winds travel down mountain. My house is down
mountain from the event grounds and last time we were directly in the path of the smoke. And there
was a lot of smoke, even with the windows closed we still smelt smoke in our house the next
morning.
NOISE-
During the last event I was told by the organizer that there would be music all night. I expressed my
concern about the volume and in particular about the bass. Having been a professional musician
for over 20 years and playing countless festivals I know bass frequencies travel much further than
mid and upper range frequencies. The organizer was very courteous and conscious about my
concern and made sure to keep the volume at a level where we really didn’t hear them during the
night. I am hoping that we can keep that dialogue open.
TRAFFIC-
There are only 2 ways to get to this event. Up Kalaoa Camp Road and Indian Tree Drive. The
direct way is up Indian Tree and when Indian Tree turns left the attendees continue straight to the
event grounds. If you turn left at Indian Tree the road gets swampy and twists and turns. This goes
right past my house. Last time, late at night there were a few cars that got lost either going or
coming to the event. I would ask that the part of Indian Tree left of the event turn off be blocked
except for local traffic.
I am not against Falls on Fire. I want them to have fun. I just hope there can be an open dialogue
about how to make it work for the neighbors.
Mahalo
Patch Rubin
27 530 Indian Tree Rd
<unnamed-1.jpg>
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352
From:Mel Kawahara
To:Planning WPC Testimony
Subject:Teppy Mountain LLC
Date:Monday, November 10, 2025 2:16:51 PM
Members if the Windward Planning Commission
I am Melvin Kawahara and I represent the Matsue K Kawahara Trust and the Yukio/Takayo
Kawahara Trust.
I am not able to attend the hearing on Thursday as I have a previously scheduled appointment.
I would like to ask that my previous testimony I submitted be considered.
I would further like to point out that there was an event this past weekend. My neighbor saidthere were tents and a bonfire.
I don't understand how being a good neighbor is ignoring the county rules and conducting an
event just because they want to while there is a CONTESTED hearing in process.
So much disrespect
I oppose granting permits for Teppy Mountain LLC to conduct any events.
Respectfully submittedMelvin Kawahara for
Matsue K Kawahara Trust andYukio/Takayo Kawahara trust
SPP 2024 000075
353
From:sunnyarashiro
To:Planning WPC Testimony
Subject:Papaikou Special Use Permit Hearing Written Testimony
Date:Monday, November 10, 2025 1:54:08 PM
Aloha,
Here is my written testimony for the Papaikou Special Use Permit Hearing. I plan on
attending the hearing in person and would like to share my testimony verbally.
Thank you for your time,Sunny Arashiro
Papaikou Special Use Permit Hearing Testimony
354
Aloha,
My name is Sunny Arashiro. I am a Native Hawaiian and lifelong resident of Papaikou. My
family has been here for multiple generations. Papaikou is a small community, filled with
hardworking, respectful, and friendly people. The town itself is characterized by its quiet and
peaceful style. A festival modeled after Burning Man has no place in our community.
It would be extremely difficult to find someone in Papaikou who is okay with this festival being a
part of the legacy and reputation of our community. Claiming that this festival is an opportunity to
blend Hawaiian culture and Burning Man culture is a gross misrepresentation and
misunderstanding of Hawaiian culture and history- a history marked by wealthy settlers taking
land from families who have been here for generations for their own amusement and interests.
I cannot help but worry that the attention this festival brings will draw visitors who do not
understand or respect our ways. I worry that this would lead to more wealthy outsiders
purchasing land in Papaikou and pricing families out of their homes. I worry that this would be a
catalyst in changing the very nature of Papaikou and its community. This festival represents a
familiar pattern of colonization and disrespect- the wealthy and powerful exploiting the land for
their own amusement while disregarding the voices of the people who live here and are
impacted by their decisions. This is not what the people of Papaikou want. This is not what the
people of Hawai’i want.
The aloha spirit is rooted in reciprocity, relationships, and respect- not spectacle. “Fall on Fire”
would turn our home into an exhibition. Our opposition to this festival does not mean that we will
not welcome Mr. Tepper. However, it does mean that we do not welcome what he is trying to do
in our home. Mr. Tepper holds land, power, and resources that we do not have. He can continue
in Hawai’i in two ways: He can try to continue a pattern of subjugating a historically marginalized
and oppressed community, or he can learn about this place and its people and use his status to
make a positive change for the everyday people who live here. Whichever he chooses, the
people of Hawai’i will not forget.
I strongly urge the Windward Planning Commission to listen to the people of Hawai’i and deny
this special use permit. I strongly urge Mr. Tepper to listen to the people of this community, stop
trying to host this event, and learn about what it means to live in Hawai’i- because it is a special
place.
Thank you for your time.
355
From:Danya Weber
To:Planning WPC Testimony
Subject:Written testimony: Teppy Mountain LLC (PL-SPP-2024-000075)
Date:Monday, November 10, 2025 12:35:49 PM
Aloha e,
I am writing in testimony against the special use permit for Teppy Mountain's annual festival
event. I know people who attended last year's event and I am concerned about this eventcontinuing in the future, largely due to the amount of waste created by such a gathering.
Following the 2024 event, there was major dumping of camping items and furniture that was
used for the event set up, including a mattress and refrigerator. There were also a large amountof single-use items (drinkware, foodware, costumes, party favors, etc) purchased for the event
and discarded afterwards. This event promotes excessive waste and disposability when ourisland cannot handle such and should instead focus on sustainability.
Additionally, the event allows for open use of hard drugs. I am against our government
allowing such events to happen when there is an escalating amount of drug use happening inour county. Such an event as this one allows the use of controlled substances without
regulation, which poses a danger to our community and creates a black market for thesesubstances coming into our islands. If an event like this is to be permitted, I ask that the event
sponsor/host pay for security or police force to manage the event.
Thank you for accepting my testimony.
356
From:R Rhiannon
To:David Longacre
Cc:Planning WPC Testimony; Kimball, Heather; Justin Justin.Yamashiro@gmail.com; Alicia Wills; Tom Gehweiler;
Lauren R Jones; Janne Watson; Justin Yamashiro; Kuu Macanas; Floyd Bucklin; Brad Kurokawa; Art & Janet; Lisa
Kaneshiro
Subject:Re: CONTESTED CASE PROCEEDING APPLICANT: TEPPY MOUNTAIN, LLC (PL-SPP-2024-000075)
Date:Sunday, November 9, 2025 11:29:55 AM
Mahalo nui David for speaking clearly and forcefully about this land use issue. We don’t want this here.
Rhiannon
Hakalau, Hawaii
www.rhiannonmusic.com
Living on the farm-singing in the world
On Nov 9, 2025, at 11:19 AM, David Longacre <clinostigma@yahoo.com>wrote:
I live in the Chin Chuck Road neighborhood where the applicant
has recently purchased a large property. I am familiar with his
attempts to bring a music festival to his existing properties in the
Papaikou area. From what I have read, his plans were rebuffed by
residents but the event occurred anyway.
The Commission needs to deny this application. I have
familiarized myself over the years with Zoning Regulations Section
25-7 which govern my own farm. These regs are designed to
protect ag land but we also know that they allow a plethora of
other uses with permits. I also know that Zoning Regulations
Section 25-5-72. (Permitted uses) has an unfortunate
subparagraph (c)(14) which seems to suggest a permit that meets
HRS Chapter 205 could be used to allow some activity not already
enunciated in the existing lists of possible land uses. Chapter 205
should not be used as a vague tool by which a festival organizer
can run a Burning Man-esque gathering of throngs seeking to have
a party.
Also, getting back to our County zoning regs, applicant should not
be allowed to use paragraphs such as 25-4-17 Meeting Facilities to
squeak out an approval from the Commission. A reasonable
person reading that chapter would conclude that such facilities
would be for the use of local residents with a common community
interest, not a gathering of partiers who mostly fly in from the
continent and leave.
357
The applicant's recent purchase of an a large ag lot in my
neighborhood can reasonably be foreseen as yet another planned
setting for a festival that is inconsistent with the zoned use of the
land Look, as a farmer and forester, I know that it is hard enough
to see our ag lands relentlessly threatened with conversion, often
to residential view estates. This applicant represents yet another
form of land conversion slipping through our rules. Does anyone
really think that the relatively small numbers of attendees at his
East HI events thus far are going to stay that way? It is unlikely.
My research indicates that, for example, the Burning Man festival
that has apparently influenced the applicant had at its current
Black Rock site in Nevada around 250 attendees in its first year in
1991. By the early aughts, over 35,000 people were participating.
I fear the applicant will want to have future events at his Chin
Chuck Road property. Chin Chuck Road is one lane in each
direction and is bordered by farms and residences all the way up to
where the entrance to his property is located. A horrible location
for a music festival indeed.
Please do not allow a permit for this applicant. His planned land
uses are incompatible with the ag zoning of Papaikou/Pepeekeo
and are similarly inconsistent with the agricultural uses of the
lands along Chin Chuck Road. This is the classic case of a
slippery slope leading to the opening of Pandora's Box. Just say
no.
Very respectfully,
David Longacre
Hakalau, HI
358
From:David Longacre
To:Planning WPC Testimony
Cc:Kimball, Heather; Justin Justin.Yamashiro@gmail.com; Alicia Wills; Tom Gehweiler; Lauren Jones; Rhiannon;
Justin Yamashiro; Kuu Macanas; Rhiannon; Floyd Bucklin; Brad Kurokawa; Art Roberts; Lisa Kaneshiro
Subject:CONTESTED CASE PROCEEDING APPLICANT: TEPPY MOUNTAIN, LLC (PL-SPP-2024-000075)
Date:Sunday, November 9, 2025 11:19:38 AM
I live in the Chin Chuck Road neighborhood where the applicant has recently
purchased a large property. I am familiar with his attempts to bring a music
festival to his existing properties in the Papaikou area. From what I have
read, his plans were rebuffed by residents but the event occurred anyway.
The Commission needs to deny this application. I have familiarized myself
over the years with Zoning Regulations Section 25-7 which govern my own
farm. These regs are designed to protect ag land but we also know that they
allow a plethora of other uses with permits. I also know that Zoning
Regulations Section 25-5-72. (Permitted uses) has an unfortunate
subparagraph (c)(14) which seems to suggest a permit that meets HRS
Chapter 205 could be used to allow some activity not already enunciated in
the existing lists of possible land uses. Chapter 205 should not be used as a
vague tool by which a festival organizer can run a Burning Man-esque
gathering of throngs seeking to have a party.
Also, getting back to our County zoning regs, applicant should not be allowed
to use paragraphs such as 25-4-17 Meeting Facilities to squeak out an
approval from the Commission. A reasonable person reading that chapter
would conclude that such facilities would be for the use of local residents
with a common community interest, not a gathering of partiers who mostly
fly in from the continent and leave.
The applicant's recent purchase of an a large ag lot in my neighborhood can
reasonably be foreseen as yet another planned setting for a festival that is
inconsistent with the zoned use of the land Look, as a farmer and forester, I
know that it is hard enough to see our ag lands relentlessly threatened with
conversion, often to residential view estates. This applicant represents yet
another form of land conversion slipping through our rules. Does anyone
really think that the relatively small numbers of attendees at his East HI
events thus far are going to stay that way? It is unlikely. My research
indicates that, for example, the Burning Man festival that has apparently
influenced the applicant had at its current Black Rock site in Nevada around
250 attendees in its first year in 1991. By the early aughts, over 35,000
people were participating.
I fear the applicant will want to have future events at his Chin Chuck Road
property. Chin Chuck Road is one lane in each direction and is bordered by
farms and residences all the way up to where the entrance to his property is
located. A horrible location for a music festival indeed.
Please do not allow a permit for this applicant. His planned land uses are
359
incompatible with the ag zoning of Papaikou/Pepeekeo and are similarly
inconsistent with the agricultural uses of the lands along Chin Chuck Road.
This is the classic case of a slippery slope leading to the opening of Pandora's
Box. Just say no.
Very respectfully,
David Longacre
Hakalau, HI
360
From:phoenix
To:Planning WPC Testimony
Subject:Written testimony OPPOSING burning man event
Date:Sunday, November 9, 2025 9:50:41 AM
This is my written testimony OPPOSING the burning man inspired event to be held on Hawaii
Island:
I have been to burning man many times and attended "regional" burn events in other states. Ihave helped organize these events as well as participated in "theme camps" that are also a part
of the burning man culture. I've even taken my children to burning man and regionals. I'veenjoyed the art, the music, the culture of bartering and the value of "leave no trace".
Sometimes there are drugs and other adult choices taking place at these events, but generallyeasy to avoid, and not the focus of these type events overall. I want to make that clear.
FOR ME PERSONALLY, participation and involvement with the burning man communityand culture have had a positive impact on my life overall.
THAT BEING SAID, I am 100% opposed to any burning man style event taking place onHawai'i Island.
The list of reasons are many. I want to point out that burning man is held in the middle of the desert, and has a paid staff
that cleans up after the "leave no trace " people leave hundreds of bicycles and tons of rubbish.They also have the Bureau of Land Management overseeing, as well as local law enforcement
attendance and local paramedics on site, all which are paid by for by the burning manorganization. The organization has a lot of resources to put toward having that event each
year, lessening the impact, and it's geographically appropriate; other than the 12 hour longtraffic jam upon entry and exit from the event. Even if "only" 500 people show up for an event
like this, on Hawai'i Island, I believe the concern for negative impact on the community to bea legitimate one.
Ecological impact- fire, soil contamination, displacement of wildlife and plants, erosion fromtents, stakes, trampling, temporary infrastructure
Already stressed island resources: medical, emergency services, sanitation needs and impact,transportation and traffic
The cultural impact- I do not believe the culture of burning man is one that is complimentaryor by nature, respectful to Hawai'i, or Hawaiian culture and tone deaf to their relationships to
fire and the volcano. I do not believe this event would benefit the local population in any way,and would add undo stress to an already taxed system. An event like this, in Hawai'i, is not a
good cultural, ecological, geographical fit, and an unacceptable drain to island resources.This private commercial enterprise will benefit very few, at the cost of many. I 100% oppose
granting a permit for this event.
Julie LaTendresse Pahoa
361
From:realderson@aol.com
To:Planning WPC Testimony
Subject:Testimony for Contested Case Hearing to be held on 11/13/2025, PL-SPP-2024-000075
Date:Saturday, November 8, 2025 4:24:33 PM
Attachments:Indian Tree Teppy signed support letter Nov8 2025.pdf
Please see attached testimony (letter) for 11/13/2025 Contested Case Hearing,
regarding Special Permit Application No. PL-SPP-2024-000075, applicant Teppy
Mountain, LLC.
Thank you,
Richard Alderson
PO Box 166
Hakalau, HI 96710808 987-1874
realderson@aol.com
362
November 8,2025
From:Richard Alderson
PO Boxl66
Hakalau,Hl 96710
To: Windward Planning Commission
Louis Daniele III, Chair
Re: Contested Case Hearing on the Matter before the \{indward Plannng Commission
Regarding Special Perrnit Application PL-SPP-2O24-OOOO7 5.
Teppy Mountain LLC, TMK 27007001(por.), Papaikou, South Hilo, Hawaii
Dear Louis Daniele III and Commission members,
I own 4 separate parcels (135+/- acres) adjoining the Teppy Mountain LtC property
{1,4L9+/- acres). My properties are mostly leased for cattle or farming, as is the subject
property.
Over the past 20 years the existing owner (Teppy Mountain LLC) and previous owners
have been good and considerate neighbors.
I support approva] of the applicant's Special Permit PL-SSP-2024-000075.
Richard Alderson
PO Box 166
Hakalau, HI 96710
realderson@aol.com
363
Sherry Broder <sherrybroder@gmail.com>
RE: Contested Case Proceedings | Exhibit List from Intervenors - PL-CCH-2025-
000025 James McMahon and Lichun Huang
1 message
Jim and Lichun <jimlichun@gmail.com>Thu, Nov 6, 2025 at 3:43 PM
To: "Dacayanan, Melissa" <Melissa.Dacayanan@hawaiicounty.gov>, sherry broder <sherrybroder@sherrybroder.com>, "Ley,
Rachelle" <Rachelle.Ley@hawaiicounty.gov>, "Jackson, Maija" <Maija.Jackson@hawaiicounty.gov>, "Campbell, Jean K"
<JeanK.Campbell@hawaiicounty.gov>, "Darrow, Jeff" <Jeff.Darrow@hawaiicounty.gov>, "Calvert Chipchase Esq."
<cchipchase@cades.com>, jhonigman@cades.com
Please find attached our exhibit list and the exhibits themselves for the contested case hearing on Nov 13, 2025.
Please note that 2 of our exhibits are too large for our email system and will be attached in separate emails.
Regards
Jim McMahon and Lichun Huang
--
Jim & Lichun
19 attachments
EX-F - Photo - Cacao beans drying outdoors.jpg
4106K
EX-G - Photo - io in Orchard.jpg
3469K
Exhibit List (James McMahon and Lichun Huang)- v1.0.pdf
126K
EX-A - Maps - Indian Tree Road Area.pdf
482K
EX-B - Map - Road Easements Identification.pdf
112K
EX-C - Presentation - GoFarm Grant Lichun Huang 05AUG2024.pdf
7477K
EX-D - Doc - 2024 Award Letter GoFarm Matching grant.pdf
249K
364
EX-I - Presentation - Indian Tree Road - Falls on Fire Use.pdf
1868K
EX-J - Photos - 2024 Falls on Fire Event.pdf
372K
EX-K - Doc - Survival Guide — FALLS ON FIRE.pdf
98K
EX-L - Doc - Falls on Fire 2023 - Afterburn Report.pdf
63K
EX-M - Doc - Indian Tree Road Log Nov 6-13 2024.pdf
164K
EX-N - Doc - 2025 Burning Man BLM Closure Order.pdf
720K
EX-O - Presentation - ITR - H-19 Intersection.pdf
776K
EX-P - Gmail - Harry Takuie Correspondence wrt Intersection.pdf
108K
EX-Q - Doc - Easement 2002-227898.PDF
404K
EX-R - Gmail - Indian Tree Road Issues - 10 Jan 2022.pdf
102K
EX-S - Gmail - Re_ Camping Weekend.pdf
104K
EX-T - Gmail - Re_ Falls on Fire 2024.pdf
103K
365
Before the Windward Planning Commission
Special Permit Application PL-SPP-2024-000075/PL-CCH-2025-000025
Revised Exhibit List - Party: James McMahon and Lichun Huang, Intervenors
In the Matter of - Contested Case: Teppy Mountain CCH (PL-CCH-2025-000025)
Hearing Date: November 13, 2025 Time: 9:00 a.m. HST
In the supplied Exhibit List (v1.0) dated November 6, 2025, the intervenors reserved the
right to amend their exhibit list based on additional evidence gathered during any
additional unpermitted events taking place on the subject property before the Contested
Case Hearing date. Evidence gathered by the intervenors show an additional “Falls on
Fire” festival event did take place on or around the dates of November 7-10, 2025.
This exhibit list is submitted pursuant to the Hearings Officer’s Amended Scheduling Order
dated November 3, 2025.
366
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was
served upon the parties identified below by electronic mail service pursuant to Planning
Commission Rule 4-3 on November 12, 2025.
Delivered via electronic mail (e-mail):
Teppy Mountain LLC
c/o Andrew Tepper
4717 Middle Road
Allison Park, PA 15101
Email: teppy@egenesis.com
Applicant
Cal Chipchase
Jake Honigman
Cades Shutte LLP
1000 Bishop Street, Suite 1200
Honolulu, HI 96813
Email: cchipchase@cades.com
jhonigman@cades.com
Attorney for Applicant
Jeffrey W. Darrow, Planning Director
101 Pauahi Street, Suite 3
Hilo, HI 96720
VIA EMAIL: jeff.darrow@hawaiicounty.gov
Jean Campbell, Esq., Deputy Corporation Counsel for Planning Department
101 Aupuni Street, Unit 325
Hilo, HI 96720
VIA EMAIL: jeank.campbell@hawaiicounty.gov
Attorney for the Planning Director
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
Email: sherrybroder@sherrybroder.com
Hearings Officer
Dated: Papaikou, Hawaiʻi, November 12, 2025.
James McMahon and Lichun Huang
367
P.O. Box 340
Pāpa’ikou, HI 96781
Email: jimlichun@gmail.com
Intervenors
368
CAUTION: This email originated from outside of Cades Schutte.
Sherry Broder <sherrybroder@gmail.com>
RE: Notice of Contested Case Proceedings Notification | PL-SPP-2024-000075 Teppy
Mountain LLC | PL-CCH-2025-000025 James McMahon and Lichun Huang [CADES-
LAW.FID6950529]
1 message
Jake Honigman <jhonigman@cades.com>Wed, Nov 12, 2025 at 2:31 PM
To: sherry broder <sherrybroder@sherrybroder.com>
Cc: "Teppy Mountain, LLC" <teppy@egenesis.com>, Cal Chipchase <cchipchase@cades.com>, Jim McMahon
<jimlichun@gmail.com>, "Campbell, Jean K" <JeanK.Campbell@hawaiicounty.gov>, "Darrow, Jeff"
<Jeff.Darrow@hawaiicounty.gov>, "Melissa Dacayanan (Melissa.Dacayanan@hawaiicounty.gov)"
<Melissa.Dacayanan@hawaiicounty.gov>, "Kay, Christian" <Christian.Kay@hawaiicounty.gov>, "Lactaoen, Kawehilani S"
<KawehilaniS.Lactaoen@hawaiicounty.gov>, "Jackson, Maija" <Maija.Jackson@hawaiicounty.gov>, "Ley, Rachelle"
<Rachelle.Ley@hawaiicounty.gov>
Thank you ma’am. I am circulating the slides here as well, for all to see them in advance as desired. Please all be
advised that they are pulled from our exhibits – the purpose is to have “blown up” text on screen for all to see.
Very respectfully,
Jake
Jake Honigman | Associate | Cades Schutte LLP
Cades Schutte Building | 1000 Bishop Street, Suite 1200 | Honolulu, HI 96813
(t) 808.521.9281 | (f) 808.521.9210
jhonigman@cades.com | www.cades.com
From: sherry broder <sherrybroder@sherrybroder.com>
Sent: Tuesday, November 11, 2025 10:15 AM
To: Teppy Mountain, LLC <teppy@egenesis.com>; Cal Chipchase <cchipchase@cades.com>; Jake
Honigman <jhonigman@cades.com>; Jim McMahon <jimlichun@gmail.com>; Campbell, Jean K
<JeanK.Campbell@hawaiicounty.gov>; Darrow, Jeff <Jeff.Darrow@hawaiicounty.gov>; Melissa Dacayanan
(Melissa.Dacayanan@hawaiicounty.gov) <Melissa.Dacayanan@hawaiicounty.gov>; Kay, Christian
<Christian.Kay@hawaiicounty.gov>; Lactaoen, Kawehilani S <KawehilaniS.Lactaoen@hawaiicounty.gov>;
Jackson, Maija <Maija.Jackson@hawaiicounty.gov>; Ley, Rachelle <Rachelle.Ley@hawaiicounty.gov>
Subject: Notice of Contested Case Proceedings Notification | PL-SPP-2024-000075 Teppy Mountain LLC |
PL-CCH-2025-000025 James McMahon and Lichun Huang
Aloha, I understand that there has been a request from Mr. Honigman requesting to send slides in advance
of the hearing which would be displayed on a screen during the hearing. The County can make a laptop369
available to be used to present material in the room and on zoom. Yes, the parties may send the slides in
advance to the Planning Department for display at the hearing. However, each party will be held
responsible for a back up plan just in case there is some unexpected problem with the county equipment
and should have a copy of the slides to be distributed to the Hearings Officer and each party.
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411
NOTICE: Information contained in this transmission to the named addressee is proprietary information and is subject to attorney-client
privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should
immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof.
This e-mail, including its attachments, is intended only for the use of the individual or entity to which it is addressed and
may contain information that is privileged, confidential, or otherwise protected from disclosure. If you are not the intended
recipient, please do not forward, disseminate, disclose, distribute, use, or copy this e-mail or its attachments. Instead,
please notify us immediately by reply e-mail or by telephone (808) 521-9200, and delete the original e-mail and its
attachments, and all copies.
CCH Slides - Applicant Teppy Mountain LLC.pptx
5528K
370
Indian Tree Road
Heavy Equipment Baseyard Operations
Examples of Traffic and Impacts
***All Vehicle Images taken on Intervenor’s Property or that of Servient Road
Easement
1371
Indian Tree Ranch & Rentals LLC (ITR) Truck with Dozer
2372
ITR Truck and Large Backhoe
3373
ITR - Roller
4374
ITR Truck with Telehandler
5375
ITR - Skid Steer
6376
ITR Dump Truck
7377
ITR Dump Trucks
8378
ITR Dump Trucks Off Pavement - Neighbor’s Lot
9379
Service and Support Vehicles - Fuel Delivery
10380
Service & Support - Truck Tire Delivery
11381
Impacts - Air Pollution 1
12382
Impacts - Air Pollution 2
13383
Impacts - Noise - Due to Excessive Use of “Jake” Brakes
14384
Impacts - Road Surface Damage
15385
Impacts - Road Shoulder Damage
16386
Impacts - Road Damage
17387
Impacts - Road Damage
18388
Indian Tree Road
Falls on Fire Use
Examples of Traffic and Impacts
***All Vehicle images taken on Intervenor’s Property during previous events
1389
Setup - Hauling Porta Potties (2025)
2390
Setup - Hauling Materials for an Effigy to be Burned
3391
Traffic Entering during the Evening
4392
Pirate Ship?
5393
Summary from Security Camera Traffic Logs (2024 Event)
● Estimate 500-600 vehicles entered or exited Indian Tree Road between Nov 6
and Nov 13 associated with Falls of Fire
● ~200 Unique Vehicles
6394
Unofficial 2025 Falls on Fire (FoF) “Afterburn” Report
● Another unpermitted event apparently took place on the applicant’s property
between Nov 7-10 - only 3 days prior to the Contested Case Hearing.
● Evidence includes:
○ Significant increase traffic on Indian Tree Road at all hours both leading up to, during, and
following these dates - many hauling camping gear, burn art, and other materials
○ Noise associated with amplified sound audible late during the evenings of Nov 7 and Nov 8
○ Smoke odor more consistent with campfires/cooking than wildland fires
○ Being asked for directions by several road users to the “Festival” or “Falls on Fire”
○ Comments on various other social media platforms
○ Testimony from others living in the same general area
7395
2025 FoF Traffic Report
● Intervenors operate several security cameras along and near Indian Tree
Road that are able to record license plates. We are therefore able to count the
total number vehicles and number of unique vehicles over a given time
period.
○ Recorded number of excess vehicles between Nov 5 - Nov 11: 810 - including UTVs
○ Baseline average traffic for a typical Sunday: ~60 vehicles
○ Peak traffic day Sunday: Nov 9 (~180 vehicles for FoF / 240 total vehicles)
○ Expecting additional traffic beyond Nov 11 resulting from ongoing site dismantling and cleanup
○ These are estimates and most probably represent an undercount due to camera limitations,
some vehicles with missing or illegible plates, and the possibility of other roads having been
used to access the event site
○ Less late night time traffic compared to prior year (2024)
8396
2025 FoF Traffic Report
● Issues:
○ Several attendees had difficulty locating the event site and required navigational assistance
from the intervenors. One vehicle was observed entering the neighbor’s Longan orchards and
drove down towards the Hanawi stream gulch. At least one other nearby property owner
reported traffic that got lost trying to locate the entrance to the applicant’s property
○ Often there was opposing traffic on the single lane road requiring vehicles to pull over at non
designated pullouts and wait for the other traffic to proceed.
○ Many participants were observed travelling at high speed (>40MPH) across our property and
those of our neighbors. The typical posted speed limit for roads such as ours is ~15MPH.
○ Some drivers were very distracted and/or possibly intoxicated - especially the ones trying to
navigate using their mobile devices and drive at the same time. A few ended up swerving off
the narrow paved road areas and onto the grassy shoulders.
○ NOTE: Police do not enforce traffic laws on private roads
9397
Other Details
● Heavy rains on Sunday, Nov. 9 into Monday, Nov. 10 appears to have
motivated several attendees to depart the event early as observed by the
traffic volume during Sunday
● Also heard via social media that the Burn Permit for the Effigy - an activity
which typically takes place on the last night of the event - had been denied.
● Unlike last year’s event, no “MOOP” (Matter Out Of Place) AKA trash has thus
far been observed along the section of road within our property
10398
The FoF “Heartburn” Report
● A few persons associated with the applicant have been harassing the intervenors on their
property during recent weeks. Harassment includes:
○ Vandalism to a County provided security camera located along Indian Tree Road
○ Attempting to do “burnouts” while travelling on the road
○ Sounding the vehicle horn repeatedly while passing by our house at all hours of the day or night
○ Shouting and taunting at the property owners as they joyride across our property in the applicant’s UTV
○ Multiple attempted “repairs” to the paved road surface using unapproved materials and methods - some at
~3:30AM in front of our house. Afterwards, the applicant came onto our property to personally inspect the work.
○ Damage to the trees/windbreak located between the road and our cacao orchards caused by unapproved and
incompetent arborist work
○ Damage and removal of “Speed Bump Ahead” road sign
○ Unauthorized video recording of the intervenors while on their property
○ Attempted theft of a plastic pallet base - it fell off the back of their UTV as they were driving away
○ Physically assaulting the property owner
● Most of these issues have been reported to the Police and some have been forwarded to
the County Prosecutor’s office. Further civil action is pending to address the damages.
11399
2025 FoF Event Photos: Burn Art? (Nov 6 - Setup Day)
12400
2025 FoF Event Photos: Joyriding “Mutant” Vehicles…
13401
2025 FoF Event Photos: A Muddy “Exodus” - Nov 10
14402
From:Darrell Argel
To:Planning WPC Testimony
Subject:Falls on fire
Date:Wednesday, November 12, 2025 7:46:56 AM
Aloha,
My name is Darrell Argel, a lifelong resident on the hamakua coast. I oppose to having an event on Indian Tree
Road , Hamakua Coast due to the following reasons, for one past applications was denied and still event organizers
held the event. Second I have neighbors that have property in the immediate location and event attendees roam or
trespass on their property ( had a couple caught sleeping in their garage). On the evening of their unpermitted event
I’ve encountered intoxicated individuals on highway below event in the wee hours of the morning.
Area that event was is a quiet and very relaxed area all these years, constant noise, intoxicated people, with no
respect for neighborss
I’m asking to reject application and if they ever still go along with event, shut them down immediately. Thank you
Darrell Argel
Sent from my iPad
403
From:Tina Holt
To:Planning WPC Testimony; Onishi, Dennis; Kagiwada, Jennifer; Kimball, Heather
Subject:Contested Case Proceedings for Teppy Mountain, LLC (PL-SPP-2024-000075)
Date:Thursday, November 13, 2025 10:54:41 AM
Aloha,
Apologies, I was in the zoom waiting to testify for 2 hours when my power flickered and am
now stuck in the waiting room of the zoom. In case I am not let in in time to give my verbal
testimony, here it is in writing:
My name is Cristina Holt, I stay in Waiakea Uka and I am in strong opposition to this
Special Permit.
I am a small business owner, an event producer, and a professional clown.
My livelihood is built on creativity, gathering people, performance, joy, and play — and
doing all of those things responsibly, legally, and with respect for the community and the
‘āina.
So my opposition is not to art or celebration.
It is to irresponsible land use, poor stewardship, and a festival model that does not belong
on agricultural land.
I used to live on the very same parcel where many of this project’s supporters reside today.
I left because it became clear to me that the group living there was out of alignment with
Hawaiian values, and because there were so few local people meaningfully involved in —
or uplifted by — that group.
Indian-Tree Road is a quiet farming community, with rural roads, deep agricultural soil, and
families who rely on its peace and safety. This land is meant to grow food for our people,
not to host large numbers of visitors whose purpose is to party on private agricultural land.
We cannot ignore that the applicant has already held this event twice without permits.
That alone shows a willingness to bypass rules everyone else must follow. When
someone’s first instinct is to ignore the law and ask permission after the fact, that tells you
how they will behave if allowed to expand.
Someone testified earlier that it’s “ridiculous” to compare this event to Burning Man.
But that comparison comes directly from the applicant’s own website, describing Falls On
Fire as “an event in the spirit of Burning Man,” built on the “10 Principles of Burning Man.”
These are their words.
And to be clear: Burning Man today leaves behind massive waste, environmental damage,
404
and a heavy carbon footprint every year — even with decades of planning and millions in
infrastructure.
Its principle of “radical self-reliance” does not align with Hawaiian values.
In Hawai‘i, self-reliance is tied to community, to interdependence, to kuleana.
Burning Man’s execution, in practice, often means: “bring whatever you want, leave
whatever you want, and let the land absorb the consequences.”
That mindset damaged the desert — it has no place on our agricultural land.
I also need to address the comment that those opposing this project have “lost our inner
child” or “hate play.”
Absolutely not.
I am a professional clown — joy, imagination, and play are my work.
Our objections aren’t because we dislike fun; they are because we have responsibility to
this place and to the people who have stewarded the land for generations.
We also heard a claim earlier that Andrew Tepper wants to “bring and teach culture” to the
people here.
That is profoundly disturbing. Hawai‘i is not lacking in culture. Hawaiian culture is deep,
alive, and rooted in thousands of years of connection to this land. It is not something an off-
island fledgling festival producer needs to “bring” to us, and certainly not something he is
qualified to “teach.”
Many supporters of this event live together on that single parcel. Their voices matter, but
they do not represent the broader community who will bear the impacts: traffic, fire risk,
noise, and loss of agricultural integrity.
This proposal is incompatible with agricultural zoning, incompatible with the surrounding
community, and incompatible with the responsibilities required by a Special Permit.
If that weren't enough, we are also in the midst of a quiet land grab on this island.
Approving this permit would accelerate the trend of transforming agricultural lands into
private retreats and entertainment venues.
Our agricultural land is precious.
It feeds our communities.
And it deserves protection from exactly this kind of pressure.
For the safety of the neighborhood, for the integrity of our land-use laws, and for the
protection of our ‘āina, I respectfully urge you to deny this permit.
Mahalo nui for your time and for your stewardship of our island.
405
From:Eliza
To:Planning WPC Testimony
Subject:Tepper Testimony
Date:Thursday, November 13, 2025 9:46:08 AM
Community Testimony in Opposition to Teppy Mountain LLC’s Special Use Permit
Application (PL-SPP-2024-000075)Contested Case Hearing — Windward Planning Commission
Thursday, November 13, 2025 | 9:00 a.m. | Hilo
Aloha Kakou, Chair, Commissioners, and Planning Staff,Mahalo for the opportunity to testify. My name is Eliza Folkman, and I am a resident of
Hāmākua. I am submitting this testimony in strong opposition to Teppy Mountain LLC’sSpecial Use Permit request for its proposed festival and commercial activities in Pāpaʻikou,
located within the State Land Use Agricultural District. Your Honor, this opposition is not about stifling creativity or community gatherings, but about
protecting the integrity of Hawaiʻi’s most precious agricultural lands, particularly those in theHāmākua region, where the property in question lies.
This case concerns not merely a Special Use Permit Application, but the continued erosion ofHawaiʻi’s ancestral connection to its ‘āina. The purchase of large tracts of land by foreign
investors, such as Mr. Tepper’s acquisition of the approximately 1400-acre ranches,perpetuates patterns of ownership that are inconsistent with the cultural, environmental, and
social values enshrined in both Hawaiʻi’s Constitution and longstanding Native Hawaiiantraditions.
1. Agricultural Lands Are a Finite and Irreplaceable Resource. The Area’s Potential Should Be
Strengthened, Not DiminishedThe Hāmākua coast and its adjoining South Hilo lands represent some of the most productive
agricultural soils in the entire state. Fed by centuries of volcanic activity and sustained bygenerous rainfall, these andosol soils support diverse crops, grass-fed livestock, and
sustainable food systems. The lands of Pāpaʻikou are unlike any other, ideally suited forregenerative agriculture and sustainable ranching. These activities enhance local food security,
protect Hawaiʻi’s water resources through healthy soil management, and support the island’slong-term economic resilience. Once these lands are disturbed, compacted, or polluted by
large-scale, non-agricultural activities, their fertility is not easily restored. It can take decadesto rebuild the soil structure and microbial balance that allows these fields to produce food for
our island community.
Every acre taken out of agricultural productivity, or subjected to non-farm uses that degradesoil health, weakens that foundation.
The applicant’s history of unpermitted events, fines, and lack of good standing with the DCCAfurther raise concerns about their commitment to stewardship and compliance with local
regulations.
2. Pattern of Non-Compliance and Disregard for County ProcessThis applicant has already demonstrated a pattern of unpermitted and unlawful land use.
Andrew Tepper's “Falls on Fire” events in 2023 and 2024 were conducted without Countypermits, in direct violation of Hawaiʻi County Planning rules. The County issued cease-and-
desist orders and fines totaling over $21,000, [currently assesed to be over $30k] yet theseorders were ignored until after the events took place.
406
This conduct shows a willful disregard for our local laws, permitting process, and communitystandards. To now seek to “legitimize” those violations through a retroactive permit
undermines public trust in County enforcement and rewards noncompliance.
3. Environmental and Cultural Impacts to the ʻĀinaThe proposed use, featuring large gatherings, overnight camping, vehicle storage, and
“burning art,” poses significant environmental risks inconsistent with the Agricultural Districtdesignation: Fire danger from open burning in an area with vegetation and high wind
exposure. Soil compaction, erosion, and pollution from vehicle traffic and waste associatedwith hundreds of attendees. Noise, lighting, and traffic impacts that disrupt the quiet rural
character of Pāpaʻikou. Potential contamination of streams or groundwater, especially in anarea that feeds into sensitive coastal ecosystems.
This land is classified for agricultural use, not mass entertainment. It is part of an ʻahupuaʻasystem that sustains native flora, fauna, and traditional practices. Converting it into a
temporary “festival zone” commercializes the ʻāina and erodes the cultural and ecologicalintegrity of Hawaiʻi, disturbing the deep cultural relationship between kamaʻāina and their
land.
4. Inconsistency with Hawaiʻi’s Public Trust and Land Use LawUnder Hawaiʻi Revised Statutes (HRS) §205 and County Code §25, Special Use Permits are
granted only when proposed uses are “unusual and reasonable” and not contrary to the intentof the Agricultural District.
An annual commercial-scale festival hosting up to 500 participants including overnightcamping, the storage of vehicles, and the burning of art installations, is neither an agricultural
use nor is it compatible with surrounding land uses.Granting this permit would set a dangerous precedent, suggesting that not only can agricultural
land be casually repurposed, but also that anyone can defy County law first and violations beretroactively legitimized. This undermines both the integrity of the Commission as well as the
public’s confidence in land use regulation. These activities risk soil compaction from heavyfoot and vehicle traffic, contamination from waste and runoff, fire hazards from open burning
in vegetated rural zones, and noise and light pollution incompatible with farm operations andrural life. Allowing such a precedent would undermine the zoning protections designed to
safeguard our limited farmland.The proposed use conflicts with the purpose of the Agricultural District, state law and county
planning policy are clear: land within the Agricultural District is to be used primarily for cropcultivation, livestock production, and related agricultural support uses.
The Commission should uphold the intent of agricultural land protection, reaffirming that theland, this sacred soil, especially in regions like Hāmākua, is to be protected for the growing of
food, the raising of animals, and the perpetuation of our local agricultural heritage.
5. Harm to Culture and CommunityThe applicant, an entity based in Pennsylvania, is currently listed by the DCCA as “not in
good standing.” This raises serious questions about accountability, tax compliance, andcommitment to Hawaiʻi’s long-term stewardship.
Events marketed as “Burning Man-inspired” or “gifting festivals” may align with certaincounter-cultural values, but they do not align with Hawaiʻi’s traditional protocols of mālama
ʻāina, nor with the local community’s expectations for agricultural stewardship. This is not amatter of art versus regulation, it is a matter of respect: for law, for ʻāina, and for the people
who live here year-round.The commodification of Hawaiian land as a luxury asset for non-resident investors
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undermines the deep spiritual relationship between Kanaka Maoli and the ‘āina. Increasedrecreational use places stress on local ecosystems and strains our resources, contrary to
sustainable land management principles recognized by the State. In Hawaiian worldview, theland is not a commodity but kupuna, a living ancestor to be cared for, not consumed.
Permitting large scale, festival events like "Falls on Fire" poses a threat to these resources.The socioeconomic impact of wealthy external ownership pushes out local residents,
intensifying cultural and agricultural insecurities while disconnecting Native Hawaiians fromtheir homeland. Pāpaʻikou's deep historical roots in farming and rare, nutrient rich soil must
be honored.
6. Legal FrameworkHawaiʻi State Constitution, Article XI, Section 1: Mandates the State to “conserve and
protect Hawaiʻi’s natural beauty and all natural resources” for future generations.Article XII, Section 7: Recognizes and protects “all rights customarily and traditionally
exercised by Native Hawaiians” on undeveloped or less-developed lands.HRS § 343-5 (Hawaiʻi Environmental Policy Act): Requires environmental assessment for
actions that may affect significant natural or cultural resources.Thus, any use or ownership pattern that disrupts traditional cultural practices, restricts access,
or degrades native ecosystems may be deemed a violation of public trust and environmentalstewardship obligations.
7. Precedent and Comparative Cases
• Public Access Shoreline Hawaiʻi v. Hawaiʻi County Planning Comm’n (1995): Affirmedthat Native Hawaiian customary rights must be protected on private lands if such rights are
exercised traditionally and customarily.• Ka Pa‘akai o ka ‘Āina v. Land Use Comm’n (2000): Established that cultural impact
assessments must be part of land use decisions to prevent cultural harm.Applying these precedents, any failure to consider the effects of this acquisition on Native
Hawaiian access, cultural practice, or ecological health could constitute a violation of theseconstitutional protections.
8. Conclusion
Therefore, it is the duty of the court, as guardian of the public trust, to ensure that suchownership does not perpetuate environmental degradation, restrict traditional agricultural
practice, or commodify the sacred relationship between Hawaiians and their ‘āina....thecommunity deserves better than to be asked to shoulder the consequences of an outsider’s
unpermitted experiments.The Planning Department has already documented violations, issued fines, and expressed
concern about enforcement. The responsible course now is to uphold those findings and denythis Special Use Permit.
9. Further considerations, per Environmental Lawyers
-How will Tepper implement necessary biosecurity measures to prevent diseases, such asRapid Ohia Death, from spreading
-Dollar amount of the impact of hosting v not having the event, the money the entity is willingto pay to utilize the land
-Any fees or taxes that will be paid, and the money the festival goers will spend in the localeconomy v dollar figure for the loss of that land for agricultural and cultural purposes
-Cost to restore the land after-If the land is protected for cultural and environmental purposes, does any government agency
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have to assess the impact of such an event
This land holds far greater long-term value as fertile, productive soil, a resource that sustainsour island’s people, than as a venue for a temporary, drug-fueled festival. The soils along the
Hāmākua coast are among the most nutrient-rich and productive in the state, built fromcenturies of volcanic activity and sustained by reliable rainfall. This is some of the best
agricultural land we have left. The soil there is rich, dark, and alive. It’s what makes this sideof the island special, where kalo, ulu, and grass-fed cattle can still thrive. These lands grow
our food, support our ranchers, and form the foundation of local food security for HawaiʻiIsland.
When we start turning these lands into venues for big parties or festivals, especially ones thathave already ignored the rules and caused problems before, we risk losing something we can’t
get back, the health of our soil, the safety of our neighbors, and the trust in our land-usesystem. This isn’t about being against community gatherings or creativity. It’s about pono use,
the right kind of use for the right kind of land. Agricultural land is meant to feed people, togrow food, to support our families and our future, not to host events for hundreds of people
camping and burning art. We’ve seen what happens when farmland gets paved over,compacted, or polluted. Once that soil is damaged, it’s not easily restored. And if we allow
one exception here, more will follow and we’ll have less and less land to grow what nourishesus. Hāmākua’s rich soil and steady rain are blessings. They deserve to be cared for, not
commercialized.
Our agricultural lands are not empty space waiting for repurposing, they are living resourcesmeant to feed our community. I respectfully urge the Windward Planning Commission to
protect the integrity of Hawaiʻi’s Agricultural lands, uphold the rule of law, and stand with thePāpaʻikou community by denying Teppy Mountain LLC’s application. Please, keep this
land focused on what it’s meant for. Agriculture, ʻāina, and community rooted in stewardship.
Mahalo nui for your time and consideration, for upholding the integrity of Hawaiʻi’sagricultural lands, and for protecting the land that sustains us all.
Respectfully submitted,
Eliza Folkman Ka'ie'ie Rd, PāpaʻikouNovember 2, 2025
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From:Eve Paleka
To:Planning WPC Testimony
Subject:Testimony AGAINST “Falls on Fire” event in Pāpa"ikou
Date:Thursday, November 13, 2025 7:58:13 PM
To whom it may concern,
I strongly oppose granting a special use permit to Teppy Mountain LLC. This organization has
already held two large, unpermitted events in 2023 and 2024, in direct violation of the law.The land for which they are seeking this permit is zoned for agricultural use. From what I
understand, the proposed “Falls on Fire” event is modeled after Burning Man–style gatheringsheld elsewhere. Such events are widely associated with harmful community, environmental,
and cultural impacts, including incidents of sexual assault, drug abuse, poor wastemanagement, environmental degradation, and, at times, uncontrolled fires.
The last thing our community needs is the intentional ignition of fires for recreational purposeson agricultural land. Allowing an event of this nature would be a serious mistake. I hope these
points clearly illustrate why Teppy Mountain LLC’s request for a special use permit should bedenied.
Mahalo!
Me ke aloha, Eve Paleka
410
From:Kawehi Mahi-Roberts
To:Planning WPC Testimony
Subject:Teppy Mountain Case
Date:Thursday, November 13, 2025 4:20:05 PM
Aloha,
I strongly oppose the approval of a special use permit for Teppy Mountain LLC. This entity has already illegally
hosted two unpermitted, large scale events in 2023 and 2024 regardless of the law. The land that Teppy Mountain
LLC is attempting to obtain a special use permit for is agricultural land. The “Falls on Fire” event that the permit is
needed for is based on the “Burning Man” event held in other areas in the continent. This event is known to have
detrimental community, environmental, and cultural impact by being the host of sexual assault cases, drug abuse,
horrific waste disposal, environmental damage, and at times uncontrolled open fires. There is large opposition
against this “Burning Man” event on the continent for those said reasons, and thus we should beware of similar
events held on our island (such as the Teppy Mountain Case).
The last thing we need here is intentional fire lighting for recreational matters on agricultural land. As we have seen
in just this year alone, there have been many detrimental fires that took place in our communities and island at large.
There’s already the Mauna Kea fire still going on after a few days. Welcoming this kind of event would be a mistake
and I would hope these brief examples make it clear enough to understand why the special use permit should not be
approved for Teppy Mountain LLC. Be smart about this and think of our ʻāina, and communities over one man who
is a malihini to our space.
Me ke aloha, Kawehi
411
From:Keahi Noa
To:Planning WPC Testimony
Subject:Testimony for papaikou burning man festival
Date:Thursday, November 13, 2025 2:35:57 PM
Aloha e kākou,
My name is Keahi Noa and I am born and raised in hāmākua, where I have presided all my
life. In the past few years, especially in the wake of the deadly fires that were happening allover moku o keawe during the same time infamously Lahaina was harmed, so was our island.
Hāmākua has strong damage from the sugar cane and dry land wood industries, causing thesedry cliff sides to be a highly flammable and high risk area. To allow a “burning man” festival
is not only highly detrimental to the emotional health of our residents, but just outrightdangerous. These tourists invited in for these festivals are known to act erratically. They
WILL light fires, they WILL be reckless, and they WILL NOT care for the surroundingimpact to this ahupua’a. In a time where residents are constantly asked to be highly mindful of
where fires are started and how we act in our own homes and camping grounds, to go above usand allow such a festival just reinforces the feeling that tourism will forever be put above the
well-being of locals and kānaka maoli. The people of papaikou are a small, well knitcommunity that enjoys peace. It’s filled with kūpuna from families that date before American
statehood. They do not need or want the influences of people coming for experiences that donothing for the community’s safety, but rather to glorify their own personal pleasure. There is
nothing this festival does for the community’s safety, to stimulate its economy, to bringresources to the area, to receive local community’s approval, but rather to take and extract
everything it can for clicks, views, and personal gratifying hypocrisy. For the love of thepeople that have taken care of this ‘āina their entire lives, please do not subject them to the
torment of having to pick up after thousands of tourists for the next couple months and yearsjust because a millionaire who thought he could acquire 14,000 acres of land meant he could
be his own king in a STOLEN kingdom.
Mahalo palena ‘ole, and regardless of if you permit it or not, aloha ‘āina residents will not takethis laying down.
412
From:taylor kawelo
To:Planning WPC Testimony
Subject:Teppy Mountain LLC Special Land Use Permit Testimony
Date:Thursday, November 13, 2025 2:12:38 PM
Aloha,
My intention today is to voice my strong opposition against the approval of a special use permit for Teppy Mountain
LLC. This entity has already proved their willingness to undermine and violate the law when they organized and
held two unpermitted, large scale events in 2023 and 2024. The land that Teppy Mountain LLC is attempting to
obtain a special use permit for is agricultural land. From what I understand, the “Falls on Fire” event that the permit
is needed for is based on the Burning Man event held in other areas in the world. This event is known to have
detrimental community, environmental, and cultural impact by being the host of sexual assault cases, drug abuse,
horrific waste disposal, environmental damage, and at times uncontrolled open fires. The last thing we need here is
intentional fire lighting for recreational matters on agricultural land. Welcoming this kind of event would be a
mistake and I would hope these brief examples make it clear enough to understand why the special use permit
should not be approved for Teppy Mountain LLC. Mahalo!
Me ke aloha,
Keala Kawelo
413
From:Natalie Wilbur
To:Planning WPC Testimony
Subject:Spoken Testimony - Nakoa Wilbur
Date:Thursday, November 13, 2025 11:08:29 AM
Apologies to the bo0ard and hearing officer Sherry Broder as during my testimony , my
dogs were barking . here is a recorded document of my testimony in case any of it went un
heard . Mahalo again for the opportunity to testify .
_________
Aloha o wau ko’u inoa Nakoa Wilbur a me waianae, oahu. and I am in strong opposition to
the special use permit application for the "Falls on Fire".
The proposed event raises concerns regarding the appropriate use of agricultural land.
Implementing large-scale entertainment events that are not agriculturally related
undermines this intent and sets a model for future land use by owners who may not
understand the cultural and environmental significance of the 'āina in Hawaii
Marketing the event as being in alignment with Hawaiian culture, when many in the
community disagree, trivializes cultural practices. This action could blur the intent and legal
force of the Hawaii Revised Statutes (HRS) Chapter 6E, the state statute that protects and
preserves historic cultural sites and practices. HRS Chapter 6E mandates the consideration
and protection of cultural resources. Misrepresenting a commercial event as "cultural" to
bypass land-use restrictions or gain favor could weaken these protections.
The State of Hawaii Constitution, Article 12, Section 7, specifically requires the State to
"reaffirm and protect all rights, customarily and traditionally exercised for subsistence,
cultural and religious purposes" by Native Hawaiian descendants. This includes a
responsibility for county and state agencies to consider and protect these rights in their
decision-making process. This event, which involves a potentially disruptive and non-
traditional activity , seems contrary to this mandate.
Some may describe the event as respectful, however the applicant's history of holding such
events despite fines demonstrates a disregard for county regulations and community
standards. This pattern of behavior suggests they are unlikely to adhere to permit
conditions. Such as the 500 guest limit.
such events in residential or agricultural areas become a significant concern for public
safety and community well-being. Past experiences with large, unregulated festivals in
similar settings have raised serious concerns regarding potential negative impacts,
including reports of unregulated substance use, public intoxication, and instances of sexual
harassment or assault. Very concerning for the preservation of the unique character and
414
history of Papaikou
The Commission is urged to deny this special use permit and uphold the integrity of
agricultural lands and the laws that protect cultural heritage.
Mahalo for the opportunity to testify on this matter.
415
From:Spiro Angelos Theofilatos
To:Planning WPC Testimony
Subject:In Strong Support of Issuing a Special Use Permit for Falls on Fire
Date:Thursday, November 13, 2025 12:54:54 PM
The request for a Special Use Permit for the Falls on Fire gathering deserves approval based
on clear facts, demonstrated stewardship, and the unified support of those who actually livealongside the event site. Much of the opposition voiced at recent hearings came from
individuals who have neither attended nor witnessed the Falls on Fire event themselves. Theirobjections were founded not on direct knowledge or experience, but on broad assumptions—
particularly the idea that any gathering organized by individuals from off-island is inherentlyexploitative or damaging to the ‘āina. This kind of preconception, while understandable in
light of Hawai‘i’s long history of external pressures, is ultimately provincial and does notreflect the reality of this specific event.
Falls on Fire is a small gathering—fewer than 250 participants—held on a limited portion of a
private ranch. Importantly, this land is not some vulnerable or unmanaged tract; it is a workingcattle ranch stewarded for generations by a respected, award-winning caretaker whose life’s
work has been the health, productivity, and ecological balance of that very ‘āina. His ongoinginvolvement ensures that land use decisions are guided by kuleana, not carelessness.
Culturally, Falls on Fire has integrated and continues to integrate elements of local protocol
with sincerity and respect. A devotional mele was offered by a local kumu of ʻōlelo Hawai‘iduring the last gathering, and there are ongoing efforts to incorporate a full pule into future
ceremonial moments. These are not afterthoughts—they reflect an honest commitment tohonoring place and culture rather than exploiting it.
Environmental concerns, too, have been addressed through action, not promises. The event
concluded with no measurable disturbance to land, water resources, or surrounding habitat.This aligns with the ranch’s long-standing best practices and the event’s clear guidelines
around ecological impact.
Most significantly, the neighbors—the people who live closest to and are most directlyaffected by any activity on the ranch—have expressed unanimous support. Their firsthand
testimony carries far more weight than abstract fears or distant opinions.
For these reasons, the Falls on Fire event has demonstrated cultural respect, environmentalresponsibility, and strong community alignment. The Special Use Permit should be granted,
not only because the gathering is low impact and well-managed, but because the people whoknow the land best and who stand to be most affected have already given their full support.
416
Mahalo
- Spiro Angelos Theofilatos
9 years kama’ainaPahoa, HI
Sent from Proton Mail for iOS.
417
From:Joseph McDaniel
To:Planning WPC Testimony
Subject:Papaikou Special Use Permit Testimony | Andrew Tepper
Date:Thursday, November 13, 2025 4:14:07 PM
Good afternoon,
My name is Joey McDaniel. I live in Papaikou, HI. I have lived on the Big Island since 2019
when I moved here from Washington State to study geology at UH Hilo. I was lucky enoughto meet a family that has lived in Papaikou for 5 generations. My wife has been a resident of
Papaikou her entire life. Through her family, I have been able to meet a large swath of thePapaikou community. They are the most accepting, loving, and caring community I have ever
been apart of. I plan to raise my future family in Papaikou because of this community. Sowhen I became aware of Mr. Tepper's plan to start a festival that he himself has compared to
the Burning Man Festival that is held in Nevada annually I became concerned. I amconcerned for the community, the potential environmental impact, and the continued disregard
of local people's concern's and wishes regarding their generational homes.
Mr. Tepper has stated that Hawaiian Culture and Burning Man culture are very similar andwould easily comingle. I find this to be an idealistic way of viewing the reality of their strong
difference. It is no secret that Burning Man has been a large proponent of the use of illegalrecreational drugs and drug culture in general. Given that Burning Man takes place in the
middle of Black Rock Desert this may not be an issue for the surrounding communities. ButOhana is the foundation of the Papaikou community. Papaikou is a place to raise families.
With Kalaniana'ole School located in the heart of Papaikou I am extremely concerned aboutthe illegal drugs our children will be exposed to if such a festival were to take place in
Papaikou.
As an Environmental Geologist with a BA Degree in Geology from UH Hilo and a MS Degreein Geology from Ohio University I am also concerned about the potential environmental
impacts of such a festival. The Hamakua Coast is a rainforest and wet-landscape system. Witha large amount of people camping on the land the potential for soil degradation is high. A
camping festival would cause soil decompaction (damaging the root systems of native plants),erosion (especially given the foot traffic and vehicle traffic), and damage to native fern layers,
young ʻŌhiʻa trees, and native shrubs. The Hamakua Coast has fast-running streams, manywetlands, underground aquifers, an steep slopes feeding directly into the ocean. An event like
this may lead to runoff contamination (human waste, greywater, and microtrash enteringstreams). There is also potential marine pollution if this waste were to enter the streams.
ʻŌpeʻapeʻa (Hawaiian hoary bat) is an endangered species. The noise from an event like theone Mr. Tepper is seeking would disrupt their native habitat.
Finally the continued disregard of local people and the land they live on from the billionaire
class is unacceptable. From Larry Ellison who owns 97% of Lanai'i and Mark Zuckerberg'scontinued expansion of land holdings in Kaua'i, Mr. Tepper is just another of a growing list of
the billionaire class who claims to care for the Hawaiian Culture and the concerns of localpeople. But his actions show otherwise. How long must local's have to endure before enough
is enough. I fear Mr. Tepper and billionaire's like himself will come into Hawai'i and spreadtheir monoculture to the islands and strip the beautiful thriving culture of Hawai'i and
Papaikou.
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The land is simply too sensitive, too sacred, and too interconnected to withstand this scale ofdisturbance.
Best Regard,
Joey McDaniel
419
From:Mauna Burgess
To:Planning WPC Testimony
Subject:Testimony for Contested Case Proceedings for Teppy Mountain, LLC (PL-SPP-2024-000075)
Date:Friday, November 14, 2025 6:44:41 PM
Aloha,
My name is Mauna Burgess, I live in Waiʻanae, Oʻahu. This issue affects all of Hawaii, in my opinion, as these
types of events begin framing Hawaiʻi in a way that is destructive to the host culture of Hawaiʻi in general as well as
Hawaiʻi island.
Events like these use Hawaiʻi as a backdrop for their parties, for their jetset lifestyle, for their Instagram followers…
all while reinforcing damaging stereotypes of our island home.
While I understand the need to be open minded to new opportunities and industries, I think we can all agree that we
do not want to become the Ibiza of the Pacific, a place where you can get laid, get drugs, and party your brains
out!!!! No, just, no.
As we enter into an increasingly connected world, framing Hawaii as a playground for the rich, the young and the
beautiful, it undermines the century or more of work of native Hawaiian revitalization and reclamation.
Thus, I strongly oppose any future events like this on any of the Hawaiian islands.
Mahalo,
Mauna burgess
8086733742
84-850 Hanalei street
Waianae HI 96792
Sent from my iPhone
420
From:sunnyarashiro
To:Planning WPC Testimony
Subject:"Oppose "Falls on Fire" Festival" Petition
Date:Sunday, November 16, 2025 5:16:19 PM
Attachments:petition_signatures_jobs_490877764_20251117031101.csv
petition_comments_jobs_490877764_20251117031101.csv
Aloha,
Here is a list of supporters for and some comments opposing the Teppy Mountain LLCSpecial Use permit to host the Falls On Fire event in Papaikou.
Mahalo,
Sunny Arashiro
421
Name City State
Postal
Code Country Signed On
Sunny Arashiro Papaikou HI 96781 United States 11/10/2025
Catherine Gorman Kailua-Kona HI 96740 United States 11/10/2025
Chaden Shimaoka-Bello Honolulu HI 96825 United States 11/10/2025
Leah Gouker Pāhoa HI 96778 United States 11/10/2025
Bailey Arashiro Bellingham WA 98226 United States 11/10/2025
Joe Mcdaniel Papaikou HI 96781 United States 11/10/2025
Waylon DeMello-De Coito Hilo HI 96720 United States 11/10/2025
Kawika Venhuizen Hilo HI 96720 United States 11/10/2025
Carren Saunders Hilo HI 96720 United States 11/10/2025
Travis Greenleaf Hilo HI 96720 United States 11/10/2025
Evan Maier Hilo HI 96720 United States 11/10/2025
Tunda Souza Papaikou HI 96781 United States 11/10/2025
CJ Jayne Waipahu HI 96797 United States 11/10/2025
Sarah Valdez Ewa Beach HI 96706 United States 11/10/2025
Roselle Hana Mallari Kapolei HI 96707 United States 11/10/2025
Emma Twigg-Smith Holualoa HI 96725 United States 11/10/2025
Lujan Purdy Honolulu HI 96822 United States 11/10/2025
raelene simeona Hilo HI 96720 United States 11/10/2025
Noa Decoito Kailua-Kona HI 96740 United States 11/10/2025
Savannah Belmore Taunton MA 2780 United States 11/10/2025
Samson Kamoku Hilo HI 96720 United States 11/10/2025
Kaylyn Ells-Hoʻokano Keaau HI 96749 United States 11/10/2025
Myra Decoito Hilo HI 96720 United States 11/10/2025
Davin Arkangel Pepeekeo HI 96783 United States 11/10/2025
Anela Reyes Honokaa HI 96727 United States 11/10/2025
Nanea Fukuda Hilo HI 96720 United States 11/10/2025
Carlie Baclig Honolulu HI 96815 United States 11/10/2025
Cybil Glendon-Baclig Hilo HI 96720 United States 11/10/2025
Kaycee Nathaniel Pepeekeo HI 96783 United States 11/10/2025
Devonne Like Hilo HI 96720 United States 11/10/2025
Carissa Crum Hilo HI 96720 United States 11/10/2025
Eric Karpel Hilo HI 96720 United States 11/10/2025
Liza Harvey Pāhoa HI 96778 United States 11/10/2025
Chloe Fujiwara Hilo HI 96720 United States 11/10/2025
Kathryn Crum Portland OR 97219 United States 11/10/2025
Samuel Pool Honolulu HI 96822 United States 11/10/2025
Amanda Kim Apple Valley CA 92307 United States 11/10/2025
Rogelio Sepulveda Seattle WA 98178 United States 11/10/2025
Jamie E Economy Hilo HI 96720 United States 11/10/2025
sofia potenciano Kailua-kona HI 96740 United States 11/10/2025
Nyah Lacro Hilo HI 96720 United States 11/10/2025
Nola Yamada Keaau HI 96749 United States 11/10/2025
422
Darrell Argel Hilo HI 96720 United States 11/10/2025
Dana Fergerstrom Hilo HI 96720 United States 11/10/2025
Maile Orian-Collns Pāhoa HI 96778 United States 11/10/2025
Charla Lindsey Hilo HI 96720 United States 11/10/2025
B Stanford Hilo HI 96720 United States 11/10/2025
Raleigh Koritz St Paul MN 55114 United States 11/10/2025
Lito Arkangel Pepeekeo HI 96783 United States 11/10/2025
Marsha Fukuda Hilo HI 96720 United States 11/10/2025
Sally Rankin Kealakekua HI 96750 United States 11/10/2025
kullen pua Hilo HI 96720 United States 11/10/2025
Kaila Quintal Hilo HI 96720 United States 11/10/2025
Issac Demello Hilo HI 96720 United States 11/10/2025
Jacqueline Van Blarcom Hilo HI 96720 United States 11/10/2025
Ka'eo Chaves Wailuku HI 96793 United States 11/10/2025
Leiahi Kaawa Hawaii HI 96772 United States 11/10/2025
Louise Economy Hilo HI 96720 United States 11/10/2025
Kaua S Hilo HI 96720 United States 11/10/2025
Kuuipo Kumukahi Hilo HI 96721 United States 11/10/2025
Eva-Pearl Sasaki Waimea HI 96743 United States 11/10/2025
Faye Plescia Keaau HI 96749 United States 11/10/2025
Ma'alahi Remmers Hilo HI 97620 United States 11/10/2025
Pono Kealoha Pearl City HI 96782 United States 11/10/2025
Jazmin Gouveia Papaikou HI 96781 United States 11/10/2025
Robyn Maple Ha Papaikou HI 96781 United States 11/10/2025
Kaui Lopes Hilo HI 96720 United States 11/10/2025
Alia Adler Hilo HI 96720 United States 11/10/2025
Kahelelani Keawekāne Hilo HI 96720 United States 11/10/2025
Hope Ringgenberg Hilo HI 96720 United States 11/10/2025
Allison Padilla Hilo HI 96720 United States 11/10/2025
Kitana Lowery Pepeekeo HI 96783 United States 11/10/2025
Megan Mina Hilo HI 96720 United States 11/10/2025
Amber Manis-Legaspi Hilo HI 96720 United States 11/10/2025
Davin Arkangel Camarillo CA 93010 United States 11/10/2025
Whittney Soares Hilo HI 96720 United States 11/10/2025
Abby Lemalu Hilo HI 96720 United States 11/10/2025
Otho White Portland OR 97219 United States 11/10/2025
Jane Salvador Waikoloa Village HI 96738 United States 11/10/2025
Nicole G Hilo HI 96720 United States 11/10/2025
Olivia Becker Farr West UT 84404 United States 11/10/2025
Chris Seymour Hilo HI 96720 United States 11/10/2025
Nainoa Paio Hilo HI 96720 United States 11/10/2025
Molly McLaughlin Waikoloa Village HI 96738 United States 11/10/2025
Teijah T Hilo HI 96720 United States 11/10/2025
kaelia saniatan Las Vegas NV 89014 United States 11/10/2025
423
Kendra Tidwell Hilo HI 96720 United States 11/10/2025
Heather Kaluna Pāhoa HI 96778 United States 11/10/2025
Katy Hensley Hilo HI 96720 United States 11/11/2025
Lori Pusateri Papaikou HI 96781 United States 11/11/2025
Caree Edens Hilo HI 96720 United States 11/11/2025
Tisa Figueroa Hilo HI 96720 United States 11/11/2025
Terri P Pepeekeo HI 96783 United States 11/11/2025
Caleilah-Estelle Ahyee Hilo HI 96720 United States 11/11/2025
kailea Annandale Waimea HI 96743 United States 11/11/2025
Dalyne Shirota Hilo HI 96720 United States 11/11/2025
Kailey Pascoe Hilo HI 96720 United States 11/11/2025
Michele Philips Pāhoa HI 96778 United States 11/11/2025
Abbie Kuegler Pahoa HI 96778 United States 11/11/2025
Yolanda Cartwright Pepeekeo HI 96783 United States 11/11/2025
Anne Micheal Keaau HI 96749 United States 11/11/2025
E Montenegro Hilo HI 96720 United States 11/11/2025
Kellysa-Michiko Pauole Honolulu HI 96808 United States 11/11/2025
J T Hilo HI 96720 United States 11/11/2025
Andre Weston Hilo HI 96720 United States 11/11/2025
Angelina Figueroa Hilo HI 96720 United States 11/11/2025
Alejandra Barberan Charlotte NC 28278 United States 11/11/2025
Taralyn Deraleau Hilo HI 96720 United States 11/11/2025
Scarlett Gilbert Tempe AZ 85288 United States 11/11/2025
Jody Fergerstrom Hilo HI 96720 United States 11/11/2025
Brandy-Alia Serikaku Hilo HI 96720 United States 11/11/2025
Shane Arashiro Papaikou HI 96781 United States 11/11/2025
Kilinahe Ehrhorn Hilo HI 96720 United States 11/11/2025
Jetaime Coloma-Nakano Hilo HI 96720 United States 11/11/2025
Lenzy Adlawan Papaikou HI 96781 United States 11/11/2025
Haydin Pahio Papaikou HI 96781 United States 11/11/2025
Robyn Kalauli Mountain View HI 96771 United States 11/11/2025
Don Rankin Kealakekua HI 96750 United States 11/11/2025
aina perry Keaau HI 96749 United States 11/11/2025
Helena kaaua Austin TX 78703 United States 11/11/2025
Judy Auwae Waikoloa HI 96738 United States 11/11/2025
Leenell Yonashiro Papaikou HI 96781 United States 11/11/2025
Sherry Iona Hilo HI 96720 United States 11/11/2025
Deidra Aninion Hilo HI 96720 United States 11/11/2025
Branden Alameda Hilo HI 96720 United States 11/11/2025
Shanna Ahuna Hilo HI 96720 United States 11/11/2025
Jamie Leite Hilo HI 96720 United States 11/11/2025
Kaylee Magdaro Hilo HI 96720 United States 11/11/2025
Zack Cartwright Pepeekeo HI 96783 United States 11/11/2025
Kaitlyn O’Dell Hilo HI 96720 United States 11/11/2025
424
Lisa DeCoito Hilo HI 96720 United States 11/11/2025
Stephanie Muna Mountain View HI 96771 United States 11/11/2025
Eliza Boyd Mountain View HI 96771 United States 11/11/2025
Alan Martins Hilo HI 96720 United States 11/11/2025
Hilina’i Gouveia Hilo HI 96720 United States 11/11/2025
Kekuhi Kanahele Hilo HI 96720 United States 11/11/2025
Emma Sullivan Mountain View HI 96771 United States 11/11/2025
Yurise Yamaguchi Mountain View HI 96771 United States 11/11/2025
Missy Shimaoka Pepeekeo HI 96783 United States 11/11/2025
Jennifer Johnson Keaau HI 96749 United States 11/11/2025
Kamaka Wakita Hilo HI 96720 United States 11/11/2025
Colleen Rodrigues Hilo HI 96720 United States 11/11/2025
Ace Castillo Mountain View HI 96771 United States 11/11/2025
Terrie Jean Martins Hilo HI 96720 United States 11/11/2025
Jeanette Perez Keaau HI 96749 United States 11/11/2025
Cara Canario Captain Cook HI 96704 United States 11/11/2025
Alecia Martins Hilo HI 96720 United States 11/11/2025
Tasha Tadio Hilo HI 96720 United States 11/11/2025
Nolynn Nishida Honokaa HI 96727 United States 11/11/2025
Nicolas Nicolas Hilo HI 96720 United States 11/11/2025
Owyn Arashiro Papaikou HI 96781 United States 11/11/2025
Ainaaloha Ioane Hilo HI 96720 United States 11/11/2025
Kassie O’Dell-Lambeth Hilo HI 96720 United States 11/11/2025
Kaylee Mahi-Roberts Hilo HI 96720 United States 11/11/2025
Roselee Kepo'o Waimea HI 96743 United States 11/11/2025
Camryn-teilen Cuba Papaikou HI 96781 United States 11/11/2025
Blythe Yoshikane Honolulu HI 96818 United States 11/11/2025
courtney e Hilo HI 96720 United States 11/11/2025
Mandy Marshall Hilo HI 96720 United States 11/11/2025
Renee White Portland OR 97219 United States 11/11/2025
Dan Ahuna Hilo HI 96720 United States 11/11/2025
Kuulei Ili Hilo HI 96720 United States 11/11/2025
Chris Pulgados Honolulu HI 96813 United States 11/11/2025
Heather Christianson pahoa HI 96778 United States 11/11/2025
Shara Miranda Hilo HI 96720 United States 11/11/2025
Candace Ochoa Hilo HI 96720 United States 11/11/2025
Lilinoe Wilson Waikoloa Village HI 96738 United States 11/11/2025
Cora Johnson Hilo HI 96720 United States 11/11/2025
Kuulei Wong Hilo HI 96720 United States 11/11/2025
Wila Paiva Fredericksburg VA 22407 United States 11/11/2025
Stephanie Olson-Moore Hilo HI 96720 United States 11/11/2025
Judy Shapley Keaau HI 96749 United States 11/11/2025
adriana Boge Hilo HI 96720 United States 11/11/2025
Amparo Lewis-Romero Hilo HI 96720 United States 11/11/2025
425
Bri Felipe Hilo HI 96720 United States 11/11/2025
Nathalie Santos Hilo HI 96720 United States 11/11/2025
Kieran Gibson Waimea HI 96743 United States 11/11/2025
Elizabeth McGann Hilo HI 96721 United States 11/11/2025
Tahiti Chong Waimea HI 96743 United States 11/11/2025
Judith Uyetake Hilo HI 96720 United States 11/11/2025
Kodie Solis-Kalani Hilo HI 96720 United States 11/11/2025
Spencer Willis Keaau HI 96749 United States 11/11/2025
Cynthia Hoopai-smith Hilo HI 96720 United States 11/11/2025
Alana Manuia Hilo HI 96720 United States 11/11/2025
Maile Wong Honolulu HI 96822 United States 11/11/2025
Carlen Pacheco Hilo HI 96720 United States 11/11/2025
Lanihuli Kanahele Hilo HI 96720 United States 11/11/2025
Verlie Ah Hee Kailua-Kona HI 96740 United States 11/11/2025
Aaron Pacheco Hilo HI 96720 United States 11/11/2025
Gina Bernabe-Haina Pepeekeo HI 96783 United States 11/11/2025
Keʻalohi Wang Kailua-Kona HI 96740 United States 11/11/2025
Dawn Aviguetero Hilo HI 96720 United States 11/11/2025
Heather Plack Hilo HI 96720 United States 11/11/2025
Ariel Patterson Hilo HI 96720 United States 11/11/2025
Ellen Zanetos Hilo HI 96720 United States 11/11/2025
Ben Luginbill Kailua-Kona HI 96740 United States 11/11/2025
Jeffrey Ah Hee Kailua-Kona HI 96740 United States 11/11/2025
Denie English Estancia NM 87016 United States 11/11/2025
krystan-michel uemura-kanedaHilo HI 96720 United States 11/11/2025
Edward Markushewski Huntsville AL 35801 United States 11/11/2025
Keanolani Thompson-MahiKailua-Kona HI 96740 United States 11/11/2025
Nikiya White Keaau HI 96749 United States 11/11/2025
Kelly Ah Hee Kamuela HI 96743 United States 11/11/2025
Jhamay Nerveza Mountain View HI 96771 United States 11/11/2025
Mar Maffi Captain Cook HI 96704 United States 11/11/2025
JP Dellanno Los Angeles CA 90004 United States 11/11/2025
Fenn Kahalehili Vista CA 92084 United States 11/11/2025
Sarah Glendon Mountain View HI 96771 United States 11/11/2025
Bella Kuailani Hilo HI 96720 United States 11/11/2025
Michaela Watson Kailua-Kona HI 96740 United States 11/11/2025
W t Honolulu HI 96817 United States 11/11/2025
Makana Mahuna Waimea HI 96743 United States 11/11/2025
Karen Klauseger Lemont IL 60439 United States 11/11/2025
Margaret Serain Hilo HI 96720 United States 11/11/2025
Noe Tupou Honolulu HI 96826 United States 11/11/2025
Helen Leuthner Lake Grove NY 11755 United States 11/11/2025
Alice Kirkham Portland OR 97202 United States 11/11/2025
Rabayah Akhter Kailua-Kona HI 96740 United States 11/11/2025
426
Elizabeth Lonokapu Hein Papaikou HI 96781 United States 11/11/2025
Ronald Collamore Lincoln NE 68502 United States 11/11/2025
Kahiwa Ili Hilo HI 96720 United States 11/11/2025
Ryan Simeona Hilo HI 96720 United States 11/11/2025
India Ryan Dublin Ireland 11/11/2025
Samuelyn Simeona Hilo HI 96720 United States 11/11/2025
Kawehi Ili Hilo HI 96720 United States 11/11/2025
Charlie Barclay Kaunakakai HI 96748 United States 11/11/2025
Carol Book York PA 17406 United States 11/11/2025
Mahina Martinson New York NY 10028 United States 11/11/2025
Gabriel Desilva Pāhoa HI 96778 United States 11/11/2025
Sara Yoshida Hilo HI 96720 United States 11/11/2025
Jeri Williams Taylors SC 29687 United States 11/11/2025
christopher Ignacio Papaikou HI 96781 United States 11/11/2025
Krystal Chavez Kailua-Kona HI 96740 United States 11/11/2025
Amanda Lopez Hilo HI 96720 United States 11/11/2025
Sheri Salmon Honokaa HI 96727 United States 11/11/2025
Grace Laidlaw Kailua HI 96734 United States 11/11/2025
Chloe Waters Hilo HI 96720 United States 11/11/2025
Edward Dela Cruz Hilo HI 96720 United States 11/11/2025
Samantha Shaw Vancouver WA 98663 United States 11/11/2025
Maya Gee Providence RI 2906 United States 11/11/2025
Hannah Damgaard Turondale 2795 Australia 11/11/2025
Danielle Magnuson Pāhoa HI 96778 United States 11/11/2025
Nicholas Sebastian CortezChicago IL 60641 United States 11/11/2025
Chloe Hughes Honolulu HI 96816 United States 11/12/2025
Kailee Wagner Hilo HI 96720 United States 11/12/2025
Sheri Morrison Dade City FL 33525 United States 11/12/2025
Leira Joyce Vea Hilo HI 96720 United States 11/12/2025
Kue Martin Papaikou HI 96781 United States 11/12/2025
Jarayn Kepani-Lai Pāhoa HI 96778 United States 11/12/2025
Karly Noetzel Bozeman MT 59718 United States 11/12/2025
Makamae Pahinui Hilo HI 96720 United States 11/12/2025
Cheryl Green Honolulu HI 96813 United States 11/12/2025
Pamela Saulter Perris CA 92571 United States 11/12/2025
Kaiulani Verzosa Makawao HI 96768 United States 11/12/2025
Huaka’i Haramoto Makawao HI 96768 United States 11/12/2025
Melissa Tomlinson Lafayette CA 94549 United States 11/12/2025
Shyanne Olores Kalaheo HI 96741 United States 11/12/2025
Leiolani Faurot Makakilo HI 96707 United States 11/12/2025
Teleise Scanlan Mountain View HI 96771 United States 11/12/2025
Hana Losano Lahaina HI 96761 United States 11/12/2025
MARK SALAMON SAN MATEO CA 94403 United States 11/12/2025
Jade Herrera Waipahu HI 96797 United States 11/12/2025
427
Mod Cat Waimea HI 96743 United States 11/12/2025
Michael Friedmann Bronx NY 10461 United States 11/12/2025
James Forero Boca Raton FL 33433 United States 11/12/2025
Lowell Burton Hilo HI 96720 United States 11/12/2025
Jordan Nunies Honolulu HI 96818 United States 11/12/2025
Debbie Boomhower Albany NY 12205 United States 11/12/2025
Lori Walker Hilo HI 96720 United States 11/12/2025
Melinda Wood Honolulu HI 96822 United States 11/12/2025
Tom Atha Alhambra CA 91801 United States 11/12/2025
Briana Gaylord Hilo HI 96720 United States 11/12/2025
Mystery-Lynn Freitas Kailua-Kona HI 96740 United States 11/12/2025
Julie Paul Pahoa HI 96778 United States 11/12/2025
Carl Arashiro Keaau HI 96749 United States 11/12/2025
CHRISTINA SILBERMAN Keaau HI 96749 United States 11/12/2025
Scott Whitmarsh Hilo HI 96720 United States 11/12/2025
Kaimi kealoha Hilo HI 96720 United States 11/12/2025
Nani Maloof Keaau HI 96749 United States 11/12/2025
Adrienne Tsukiyama Kapaa HI 96746 United States 11/12/2025
Ethan Silberman Keaau HI 96749 United States 11/12/2025
Franceska Durkin-Tang Honolulu HI 96816 United States 11/12/2025
Ruth Yawata Seattle WA 98103 United States 11/12/2025
Kylie Akiona Mililani HI 96789 United States 11/12/2025
Jade Young Kaneohe HI 96744 United States 11/12/2025
Kiera Daley Hilo HI 96720 United States 11/12/2025
Jennifer Shiiba Kailua-Kona HI 96740 United States 11/12/2025
Leimomi Wheeler Keaau HI 96749 United States 11/12/2025
Lisa Frazer Pāhoa HI 96778 United States 11/12/2025
Jun Dennis Sadang Ewa Beach HI 96706 United States 11/12/2025
Kahanulaua'eomakana AkionaWaikoloa HI 96738 United States 11/12/2025
Mikiala Akau Honolulu HI 96826 United States 11/12/2025
Suzanne Wiegand Shirley NY 11967 United States 11/12/2025
Steve Geikow Wheeling IL 60090 United States 11/12/2025
Stacey Zuckerman Sioux City IA 51109 United States 11/12/2025
Keala Pavao Tittle Kapaa HI 96746 United States 11/12/2025
Jordan Te Aho New Zealand 11/12/2025
Kanalu Lyman Springfield OR 97477 United States 11/12/2025
Desiree Fiesta Pepeekeo HI 96783 United States 11/12/2025
Joseph Lyman Honolulu HI 96822 United States 11/12/2025
Beverly Pulgados Pepeekeo HI 96783 United States 11/12/2025
Saxony Charlot Honokaa HI 96727 United States 11/12/2025
Tem Narvios San Francisco CA 94134 United States 11/12/2025
Lehua Patnaude Hilo HI 96720 United States 11/12/2025
Alisha Andrade Hilo HI 96720 United States 11/12/2025
Punahele Ridgeway Hilo HI 96778 United States 11/12/2025
428
Angel Olivencia Pāhoa HI 96778 United States 11/12/2025
Taylor Delorm-Doane Honolulu HI 96816 United States 11/12/2025
asja hickman Honolulu HI 96816 United States 11/12/2025
Taylor Donager Kailua-Kona HI 96740 United States 11/12/2025
Māhie Beck Kilauea HI 96754 United States 11/12/2025
Brianna Toma Honolulu HI 96816 United States 11/12/2025
David Evett Kailua-Kona HI 96740 United States 11/12/2025
Jennifer Grieco Keaau HI 96749 United States 11/12/2025
Megan Gower Atlanta GA 30316 United States 11/12/2025
Fran Schaefle Keaau HI 96749 United States 11/12/2025
Kanoelani Simmerman Honokaa HI 96727 United States 11/12/2025
Amber Spivey Mililani HI 96789 United States 11/12/2025
Etzar Cisneros Birmingham AL 35206 United States 11/12/2025
Miles Campbell Keaau HI 96749 United States 11/12/2025
kamryn bosque Lahaina HI 96761 United States 11/12/2025
Diana Morales Waipahu HI 96797 United States 11/12/2025
Stella Menino Los Angeles CA 90017 United States 11/12/2025
Leilani Sa_Weekes Lahaina HI 96761 United States 11/12/2025
Richard Agbayani Pepeekeo HI 96783 United States 11/12/2025
Kaleialoha Block Kailua HI 96734 United States 11/12/2025
kai bosque Lahaina HI 96761 United States 11/12/2025
Elmer Vidad Hilo HI 96720 United States 11/12/2025
Miles Campbell Fredericksburg VA 22407 United States 11/12/2025
Emily Leucht Hilo HI 96720 United States 11/12/2025
Alapai Ledward Pepeekeo HI 96783 United States 11/12/2025
Ashton-Blake Kamahele Hilo HI 96720 United States 11/12/2025
Joe Nicholas Pāhoa HI 96778 United States 11/12/2025
Gordean Kakalia Guarino Binghamton NY 13901 United States 11/13/2025
jubilee kalaola Kula HI 96790 United States 11/13/2025
Mina Elison Keʻei HI 96704 United States 11/13/2025
Dennis Figueroa jr Hilo HI 96720 United States 11/13/2025
Michael Kaapuni Hilo HI 96720 United States 11/13/2025
Mechelle Kaipo Hilo HI 96720 United States 11/13/2025
Nrlinda Renton Hilo HI 96720 United States 11/13/2025
Ezgi Iraz Honolulu HI 96816 United States 11/13/2025
Lauren Visico Kent NY 14477 United States 11/13/2025
Janet Plescia Inverness FL 34450 United States 11/13/2025
Genevieve Gandy Pāhoa HI 96778 United States 11/13/2025
Aja Toscano Honolulu HI 96815 United States 11/13/2025
Grant Baclig Hilo HI 96720 United States 11/13/2025
Brenda Aguirre Hilo HI 96074 United States 11/13/2025
Laura Yee Kailua HI 96734 United States 11/13/2025
Lu Ann I O Brien Pāhoa HI 96778 United States 11/13/2025
Karly Mahoe-Thoene Waimanalo HI 96795 United States 11/13/2025
429
Heiley Hacoba Mountain View HI 96771 United States 11/13/2025
Kahealani E Honolulu HI 96818 United States 11/13/2025
Tiery Kawelo Kaneohe HI 96744 United States 11/13/2025
Nicholas Sakamoto Hilo HI 96720 United States 11/13/2025
Leah Sausen Hanalei HI 96714 United States 11/13/2025
Kaiona Orr Honolulu HI 96825 United States 11/13/2025
Chanelle Christensen Pāhoa HI 96778 United States 11/13/2025
Keana Kalahiki Peterson Kaneohe HI 96744 United States 11/13/2025
David Melzack Woodbury TN 37190 United States 11/13/2025
Brian Ogawa Keaau HI 96749 United States 11/13/2025
Jonette Figueroa Hilo HI 96720 United States 11/13/2025
Keahi Noa Kamuela HI 96743 United States 11/13/2025
Kristina McDermott Waikoloa Village HI 96738 United States 11/13/2025
Christine Villanueva Mililani HI 96789 United States 11/13/2025
Trinity Halemano-Reed Honolulu HI 96826 United States 11/13/2025
Taylor Kawelo Kaneohe HI 96744 United States 11/13/2025
Chanelle Schutz Waimanalo HI 96795 United States 11/13/2025
Jamey Lau Honolulu HI 96813 United States 11/13/2025
Kayla Miura Waimea HI 96743 United States 11/13/2025
Sean Kau Minot ND 58703 United States 11/13/2025
Anthony Torres Honokaa HI 96727 United States 11/13/2025
Riley Tollett Pomona CA 91789 South Korea 11/13/2025
Sean Gilmore Atlanta GA 30345 United States 11/13/2025
Mālie Naheana Pepeekeo HI 96783 United States 11/13/2025
Bernadette Faller San Jose CA 95128 United States 11/13/2025
Peter Nguyen Westminster CA 92683 United States 11/13/2025
Momi Tolentino Kaaawa HI 96730 United States 11/14/2025
Erin Conway Honolulu HI 96816 United States 11/14/2025
Meigan Lacuesta Mililani HI 96789 United States 11/14/2025
Rustin Kauhane Waianae HI 96792 United States 11/14/2025
Elizabeth Kualii Hilo HI 96720 United States 11/14/2025
Garrison Ishikawa-GonzalezHonolulu HI 96816 United States 11/14/2025
Tiffany Gollero Honolulu HI 96813 United States 11/14/2025
Misty Maa Honolulu HI 96817 United States 11/14/2025
Bearett Ingram Waimea HI 96743 United States 11/14/2025
Malia Siale Chai-Funaki Hilo HI 96720 United States 11/14/2025
Christina Sochor Honolulu HI 96816 United States 11/14/2025
Kailey Tulua Kaneohe HI 96744 United States 11/14/2025
Britany Tulua Hayward CA 94541 United States 11/14/2025
nicholas kurosawa Honolulu HI 96822 United States 11/14/2025
Britney M kahului HI 96732 United States 11/14/2025
Uilani Danielson Kaneohe HI 96744 United States 11/14/2025
Richard Conti Pacific Palisades CA 90272 United States 11/14/2025
Alihilani Katoa Honolulu HI 96816 United States 11/14/2025
430
Aja Grande Honolulu HI 96816 United States 11/14/2025
Iini Kihe Kealakekua HI 96750 United States 11/14/2025
Shayne Pajimola Papaikou HI 96781 United States 11/14/2025
Kalani Edwards Waialua HI 96791 United States 11/14/2025
Maria Beltran Kailua-Kona HI 96740 United States 11/14/2025
Jade Eckardt Haleiwa HI 96712 United States 11/14/2025
shannon brede Hilo HI 96720 United States 11/14/2025
Sylvia Chupity Hilo HI 96720 United States 11/14/2025
Alexander Byck Hilo HI 96720 United States 11/14/2025
Kyra D Honolulu HI 96826 United States 11/14/2025
Garrett Erece Papaikou HI 96781 United States 11/14/2025
Richann Wood-Ferren Kailua-Kona HI 96740 United States 11/14/2025
Keliiikeole Kalauokaaea-kaheleHilo HI 96720 United States 11/15/2025
Harolynn Torres Waikoloa Village HI 96738 United States 11/15/2025
Taylor Warlick Hilo HI 96720 United States 11/15/2025
Timothy Yount Honduras 11/15/2025
Destiny Mcmath Virginia Beach VA 23464 United States 11/15/2025
Loki Vares Hilo HI 96720 United States 11/15/2025
Jessica Thompson Papaikou HI 96781 United States 11/15/2025
Akeke Thompson Papaikou HI 96781 United States 11/15/2025
Faith Jones Laupahoehoe HI 96764 United States 11/15/2025
Pulama Lafaele Kahului HI 96732 United States 11/15/2025
Hulali Carreiro Honolulu HI 96817 United States 11/15/2025
pualena keahi Honolulu HI 96819 United States 11/15/2025
Carmen Mangibin Hilo HI 96720 United States 11/15/2025
ayvah park Hilo HI 96720 United States 11/15/2025
Bell Paekukui Hawaii HI 96813 United States 11/15/2025
Kaili Pila Hilo HI 96720 United States 11/15/2025
Nicole Ke Hilo HI 96720 United States 11/15/2025
Kadyn Veincent Hilo HI 96720 United States 11/15/2025
Jesaiah Aton Hilo HI 96720 United States 11/15/2025
Anela Mikaele Pahoa HI 96778 United States 11/15/2025
Kaya W Lihue HI 96766 United States 11/15/2025
Mari Apigo Pāpaʻikou HI 96781 United States 11/15/2025
Moanilehuakaualeimāʻohulani ShimoseHilo HI 96720 United States 11/15/2025
Halia Fung Caseres Mountain View HI 96771 United States 11/15/2025
Malie Vickery-Mafi Ocean View HI 96720 United States 11/15/2025
Lawena Toribio Keaau HI 96749 United States 11/15/2025
Kamille Febo-Santiago Papaikou HI 96781 United States 11/15/2025
Ikaika Stone Hilo HI 96720 United States 11/15/2025
Makamae Santiago Hilo HI 96720 United States 11/15/2025
Ailani Martinson Kailua Kona HI 96740 United States 11/15/2025
Kahea Lindsay Mountain view HI 96771 United States 11/15/2025
Lily Pa Mountain View HI 96771 United States 11/15/2025
431
Kayden Vierra-Miyasato Hilo HI 96720 United States 11/15/2025
kerilyn wise Hilo HI 96720 United States 11/15/2025
Kama Aipolani Hilo HI 96720 United States 11/16/2025
Talia Nishie Kamuela HI 96743 United States 11/16/2025
Satomi Loo Hilo HI 96720 United States 11/16/2025
Jhayden mata Hilo HI 96720 United States 11/16/2025
taylor hekekia Hilo HI 96720 United States 11/16/2025
Lily Michaels Hilo HI 96720 United States 11/16/2025
Jillian Lum Hilo HI 96720 United States 11/16/2025
Brooklynn Lumanlan Waikoloa Village HI 96738 United States 11/16/2025
Taleea Huertas Keaau HI 96749 United States 11/16/2025
Ikaika Kaupu Hilo HI 96720 United States 11/16/2025
Darci-lyn Kaina Honolulu HI 96822 United States 11/16/2025
Aiden Varize Hilo HI 96720 United States 11/16/2025
jordyn simmons Hilo HI 96720 United States 11/16/2025
Houston N Hilo HI 96720 United States 11/16/2025
Marley Osorio Hilo HI 96720 United States 11/16/2025
e’soriah longakit Honolulu HI 96826 United States 11/16/2025
Karissa Shimaoka Hilo HI 96720 United States 11/16/2025
Miyuki Carvalho Everett WA 98203 United States 11/16/2025
Kylee Castillo Hilo HI 96720 United States 11/16/2025
Juliette Moody Waianae HI 96792 United States 11/16/2025
Serina Len Pāhoa HI 96778 United States 11/16/2025
Carli Christensen Hilo HI 96720 United States 11/16/2025
Chyler Medeiros Hilo HI 96720 United States 11/16/2025
Haley Kirse Winston-Salem NC 27103 United States 11/16/2025
Scott Unger Kailua-Kona HI 96740 United States 11/16/2025
Kalai Hanohano Heʻeia HI 999nevermindUnited States 11/16/2025
Xayliah Longakit Hilo HI 96720 United States 11/16/2025
Serenity Luta Hilo HI 96720 United States 11/16/2025
Kayana Maluo Hilo HI 96720 United States 11/16/2025
Samantha Kubota Hilo HI 96720 United States 11/16/2025
Shanaya Souza Pepeekeo HI 96783 United States 11/16/2025
Hemlock Genz Timonium MD 21093 United States 11/16/2025
Tehani Villalobos Pāhoa HI 96778 United States 11/16/2025
Grace Pitman Mountain View HI 96771 United States 11/16/2025
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Name City State
Postal
Code Country
Commented
Date Comment
Megan Mina Hilo HI 96720 United States 11/10/2025
"The community does NOT want this, if you
wanna go to Burning Man, then GO THERE, stop
trying to bring unwanted events to our island!"
Katy Hensley Hilo HI 96720 United States 11/11/2025
"We need farms on Ag land, not a bunch of
hippies doing drugs. Burning man culture is not
welcome here."
Anne Micheal Arizona AZ 85001 United States 11/11/2025
"This is ridiculous, this guy shouldn’t be allowed
to go against the purpose of the land to fulfill his
wants. We don’t need another cinder cone
land"
Zack Cartwright Pepeekeo HI 96783 United States 11/11/2025
"We dont want a festival in our town. It will
disrupt our way of life and damage the land"
Sheri Salmon Honokaa HI 96727 United States 11/11/2025
"We don't need this kine. Keep Hawaiian Lands
in Hawaiian Hands for Hawaiian use!"
Saxony Charlot Honolulu HI 96822 United States 11/12/2025
"There’s too many of us who can’t afford
housing in our own homeland, then some non-
local buys significant amount of ag land for
nonsense like this? Atrocious"
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Keahi Noa Kamuela HI 96743 United States 11/13/2025
"Hāmākua is a vast area full of dry land forests
and one of the most fragile ecosystems in the
entire world. To have a festival that could attract
non-locals in the hundreds to thousands, brings
about all kinds of ramifications not justified for
the cost. Hāmākua in particular has faced
soooo many forest fires & brush fires in the past
couple of months it’s unbelievable to think the
state would allow a hosted event encouraging
fires of any kind. This “festival” is genuinely
such a bad idea for ‘āina and poses no greater
output for the community. I vehemently oppose
this as someone from this ahupua’a, and on
behalf of all our ‘ōiwi animals & plants that
cannot!!"
Alihilani Katoa Honolulu HI 96816 United States 11/14/2025 "Haven’t yall taken enough?"
Richann Wood-Ferren Kailua-Kona HI 96740 United States 11/14/2025
"We do not need our land to be exploited by
another colonizer."
carmen mangibin Keaau HI 96749 United States 11/15/2025
"This is hewa! Our kupuna would not approve of
this. We need to mālama ka ʻāina!"
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From:Chloe Waters
To:Planning WPC Testimony
Subject:Regarding Teppy Mountain LLC Permit Request
Date:Sunday, November 16, 2025 10:18:11 PM
Aloha,
‘O Chloe Waters ko’u inoa. Noho au ma hilo no ka ahupua’a o Waiākea. Mahalo nui forallowing me to express my thoughts on the pressing issue regarding the special use permit for
Teppy Mountain LLC. I am in opposition to the request for Teppy Mountain LLC’s request inseeking a special use permit for the falls on fire event. Time and time again, we see people and
organizations that lack integrity and consideration, come into Hawai’i to abuse what was nevertheirs to destroy in the first place. An American colonizer perspective will allow you to
believe that anything can be yours if you have the money, despite coming into a place whosemere existence is more sacred than any event, any idea, any concept that anyone partaking in
making this happen, could even fathom. Despite operating without the required county permitsin 2023 and 2024 and being penalized for it, Teppy Mountain LLC has the audacity to request
this special use permit to continue this event AND want to appeal the over $20,000 fine thatwas given (from what was read online, nonetheless a violation of some sort occurred). It is
clear here with that information that there is no real reason to keep this company in goodgraces for anything that would require them to be truthful, accurate, and accountable-
especially for the sake of those who choose to attend a 4-day event. It sounds mostly like aliability, and we should have the foresight to know that this planning should not continue,
especially at the cost of ‘āina. Also, the tone deafness regarding fires and our recent traumas inhawai’i is the prime example of being disconnected from what goes on here, regardless of the
background that those involved may have. Ultimately, all I have to say is they should pay theirfines and figure out other ways to be actually useful. They can grieve and heal elsewhere that
isn’t at the cost of who they are trying to compromise with, which are the indigenous people ofthis ‘āina and our allies. This ‘āina was not made for people to come here and change it in
ways that are insensitive and tone deaf to the actual needs of the people living here.
Mahalo nui,
Chloe Waters
435
From:Tom Wilson
To:Planning WPC Testimony
Subject:Falls of Fire Testimony
Date:Sunday, November 16, 2025 8:25:49 AM
My name is Tom Wilson and I’m a homeowner, farmer and resident in Papaikou. We chose to live out here to farm
and for the peace and tranquility that it offers and have no desire to hear blasting music from a festival or deal with
the influx of traffic and people. Our family respectfully requests that their permit be denied. Additionally, Mr
Tepper has violated permitting laws in 2023 and he has consistently shown a disregard for the permitting process in
that if you have enough money, that laws do not matter and he’s just going to do what he wants. It was infuriating
to see and hear them setting up this year in 2025 even though they did not have a permit to do so. Please put an end
to this permanently and deny the permit request and give us residents back our peace. If you have any questions,
please reach out to me.
Regards,
Tom Wilson
436
From:Erik Lash
To:Planning WPC Testimony
Subject:ELash Testimony Submittal PL-SPP-2024-000075
Date:Sunday, November 16, 2025 5:00:48 PM
Attachments:ELash Testimony Submittal PL-SPP-2024-000075.pdf
Aloha,
Testimony Submittal for PL-SPP-2024-000075.
According to this article testimony can still be submitted until Monday.
https://bigislandnow.com/2025/11/16/land-use-debate-heats-up-over-controversial-burning-man-inspired-festival-in-papa%ca%bbikou/
Thank you,
Erik Lash
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Erik Lash – TesƟmony - PL-SPP-2024-000075
1
Erik Lash
1253 Kaumana Drive
Hilo, Hawaii 96720
November 12, 2025
Windward Planning Commission
County of Hawai’i
Re: Support for Special Use Permit ApplicaƟon PL-SPP-2024-000075
Dear Members of the Planning Commission,
I am wriƟng to express my strong support for the approval of the Special Use Permit requested
by Teppy Mountain, LLC for an annual 4-day fesƟval on the property 27-476 Indian Tree Road
Pāpa‘ikou.
Notwithstanding the well-reasoned recommendaƟon for approval of the special permit on the
grounds that it meets the substanƟve requirements of the states and local planning regulaƟons
as submiƩed by the County of Hawaii Planning Director (January 20, 2025) there are numerous
benefits that the arts and fesƟvals geared towards supporƟng those arts bring to a broader
community at large.
I am not sure if any commission members have had the opportunity to visit the 2025 Hawaii Nei
art exhibiƟon at Wailoa State Park but if you haven’t, I recommend that you do. The boƩom
floor of the gallery is dedicated to student and children’s exhibiƟon. And what an exhibiƟon that
is. Those kids have talent and imaginaƟon and environmental interest and cultural idenƟty and
they are expressing that idenƟty and those interests through the art they create.
Cultural idenƟty is individual and personal. When that idenƟty is shared between people it
becomes community. Couldn’t we all do with a liƩle more of that these days?
What Teppy Mountain, LLC is asking to do isn’t tradiƟonal in many senses. But it strives to
support the arts, the environment, culture, and community. It strives to bring the people of this
island together, not wedge them apart. There is value in that ideal and in novel approaches to
achieve it.
The fesƟval itself is an exploraƟon of creaƟvity and community. The burner ethos (10 principles
as it’s commonly referred to) is a cross-cultural approach to being beƩer people and taking
voyages of creaƟve self-discovery.
For older adults it opens a safe space to re-discover the inner child, heal from past trauma, and
become part of a larger, more diverse community of people, ideas, and backgrounds.
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Erik Lash – TesƟmony - PL-SPP-2024-000075
2
For younger adults the arƟsƟc endeavors that fesƟvals like this allow them to parƟcipate in
oŌen lead to bigger, more imaginaƟve, and more socially aware adulthoods in much the same
way that being part of something like the Hawaii Nei exhibiƟon at the Wailoa Art Gallery does.
Falls on Fire wants to be a contribuƟng member if the island’s vibrant arts community.
Falls on Fire also wants to foster social responsibility, environmental stewardship, and civic
responsibility. Those tenets are at the core of the idea and how the fesƟval is organized and
funcƟons.
Even though it is just geƫng off the ground acƟviƟes like re-planƟng forest, ensuring
cohesiveness with agriculture and ranching goals, and even giving out arts grants to community
arƟsts are all part of the Falls on Fire approach. That approach aligns with larger community
ideals even if it isn’t packaged in the kind of tradiƟonal way that people are used to seeing.
Concerns that have been voiced about potenƟal noise, negaƟve impact on the private road, and
potenƟal changes in the fabric of local culture are valid concerns. Falls on Fire organizers value
those concerns and want to conƟnue to work with the east Hawaii community to address them
so that noise disturbance is minimized, the road is maintained, and impact on local culture is
posiƟve.
The special permit condiƟons and miƟgaƟon requirements, and Teppy Mountain, LLCs
agreement to follow them as noted in John Pippans response to the proposed condiƟons
(February 02, 2025), adequately align the events responsibiliƟes with good land stewardship
goals, good neighborship goals, and state regulaƟons.
Past missteps should not imperil the future of the 4-day art fesƟval. Give it a chance to prove
that it fits with Hawaii County.
I respecƞully urge you to approve the Special Use Permit for Teppy Mountain, LLC.
Thank you for your consideraƟon of this applicaƟon.
Sincerely,
Erik Lash
(via email)
439
From:Arden Sanford
To:Planning WPC Testimony
Subject:Reflections on my Falls on Fire experience 2025
Date:Sunday, November 16, 2025 5:57:20 PM
The cook fire has been a central element of daily life, since time immorial. [1] Gatherings built
around these fires fostered cooperation and belonging, providing a source of warmth,nourishment, and safety. Around the fire, families and communities shared stories, passed
down traditions, and reinforced social bonds. Preparing and sharing food is a culturalexpression in itself, reflecting local ingredients, techniques, and beliefs. In many cultures,
communal meals remain essential to hospitality, demonstrating respect, generosity, and unity.
I was humbly honored to be part of the ancient Hawaiian traditional known as Imu, which wasintegrally linked to Falls on Fire. [2][3]
Festivals amplify these themes on a larger scale. Often tied to seasonal cycles, religious
rituals, or historical events, festivals blend food, music, dance, and ceremony to celebrateshared heritage. Cooking fires during festivals symbolize abundance, renewal, and gratitude.
They also serve as focal points for storytelling, performance, and spiritual practices. Suchgatherings, and festivals strengthen cultural identity by connecting people to their ancestry,
their land, and cultivate a sense of community across generations. [4]
Sincerely, Arden Gregory Sanford
All photographs were taken at that event by the author.
[1]
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[2]
[3]
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[4]
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443
From:Stephen Yundt
To:Planning WPC Testimony
Subject:Aloha - testimony
Date:Sunday, November 16, 2025 4:50:15 PM
Aloha,
Although I live in Puna, not Hamakua, I can understand both sides of this issue, as rural areas attract both kinds of
people… those who want to put on a community event and those that prefer their privacy and serenity of nature. We
have many unauthorized and permitted events around here too.
If this event has been held a few times without a permit and Mr. Tepper is trying to legitimize his event, perhaps we
should grant him a permit with various restrictions that can satisfy the locals that have reservations. Perhaps if they
say, no to burning effigies or fire of any kind and electrified music must be curtailed after a certain time, they could
reach a compromise that would work for everyone. Limiting the ticket sales may help to keep the roads from being
clogged too.
I would give him a restricted permit.
Mahalo!
Stephen Yundt
Pahoa, Hawaii
444
From:Candice Love
To:Planning WPC Testimony
Subject:Testimony Submission: Opposition From Burning Man Regional Leadership- Teppy Mountain LLC: Falls On Fire
Date:Monday, November 17, 2025 2:24:19 PM
Attachments:1. FonF Mtg 11.4.23.png
2. FonF Mtg 11.4.23.png
3. FonF Mtg 11.4.23.png
Aloha e Planning Commission,
Mahalo nui in advance for reading below and taking into consideration as I have been keepinga case file, data points on Adam Tepper since before his first event 3 years ago, 2023, after I
and Burning Man Regional Leadership met with him to do a site survey.
Burning Man, the community and organization that puts it on, Burning Man Project, has whatthey call Regional Events in many states and point people in every state. Hawaii has Burning
Man Regional Leaders, of which used to produce a Hawaii Regional for decades on Oahu.
Burning Man Project reached out to us Regional Leaders asking us to meet with this guy,“Teppy” aka Adam Tepper, so we went to do a site survey before the first event.
We left the 2023 site survey meeting absolutely horrified, sounding the alarm with local fire
department as well as relaying back to Burning Man project, what an absolute liability &nuisance this guy is/was.at Teppy’s willful ignorance, on the tails of Lahina, we ordered him
to head our warnings, no no avail. Regarding fire marshall, Teppy lied about a water truck,told me “eh whatever, we have 5 gal buckets” to give you an idea of what we’re dealing with
here. Dangerous, arrogant man. He’s like big island’s, C list version of Zuckerberg k.
Who am I:
Retired Senior Operations Director of 30 years. I specialize in site surveys for eventoperations, not limited to, yet involve all areas of Communications & Risk Mitigation: Harm
Reduction, Medical, Ingress/Egress, Burn Safety & Strategies.Burning Man operations and attending 1997-2019, Co-Founder of BurnerNetwork.org, Retired
Senior Operations Director for multiple large scale music festivals for decades and BI residentthat DOES NOT condone Andrew Tepper.
I do not work with Burning Man Organization any longer, a not a voice for them in any waynor do I engage with their events or theology any longer. I am however, a legacy member of
that community wether I like it or not.
Attached are the initial meeting notes taken first week of November 2023 when we, the
Burning Man Reginal Leadership team, went to meet on Teppy at his property.
Images Attached:
Jpg 1 -3: Burning Man Regional Leadership Meeting Notes post site survey meeting.
4: 2023 Liability Waiver Teppy sent out to attendees.Jpg 5 -9: Fire risk! Look at the burn sites. NO GFR (fire retardant) ground cover used,
2023 or 2024, Adam Tepper blatantly disregarded our urging to NOT burn!
445
I can say with 100% certainty, Teppy does NOT have, nor ever had, the support of Burning
Man’s community leaders. We understand his arrogance, willful ignorance is both dangerous and ego driven, would cause
a stir…. and here we are years later.
Teppy thirstily wants to be granted approval, get the rubber stamp from Burning Man Project,as the official Hawaii Regional Event.
He will not be able to do so without your condoning him with permit.
He’s now purchased even more property in Waimea.
PLEASE do not grant this sociopath, Teppy Mountain LLC, the permit.
Both him and the low hanging fruit cronies he’s surrounded himself with have 0 understandingof large scale events.
I had to put this on record now before it’s too late. No dog in this fight other than aloha aina.
It’s just a matter of time before someone dies or massive fire takes place.
2025 event happened, they almost blundered a medical emergency with no immediateresponse or S.O.P (standard operating procedure)
Dis guy gotta go!
Keep fining him!
Mahalo Nui Loa,
Candice Love
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From:Teilyr Kahanu
To:Planning WPC Testimony
Subject:Official Objection Letter: Teppy Mountain LLC Special Use Permit application
Date:Monday, November 17, 2025 7:47:50 AM
Aloha Windward Planning Commissions,
Please accept this letter as my official objection to the Special Use Permit application
submitted by Teppy Mountain LLC for the proposed “Falls on Fire” event.
Teppy Mountain LLC has previously demonstrated a willful disregard for county and stateregulations by hosting two large-scale events in 2023 and 2024 without proper permits. This
pattern of noncompliance violated state and county laws, disregarded public safety, andundermined environmental stewardship and the integrity of our regulatory framework.
Approving this permit under these circumstances would reward such disregard for establishedland-use laws and further erode the credibility of our permitting process.
The land in question is designated for agricultural use, intended to support food security,
resource preservation, and the integrity of rural communities. A large-scale recreational eventlike “Falls on Fire” is incompatible with these purposes and directly conflicts with the
protections intended for agricultural lands. There is no legal or rational justification forapproving a recreational festival on acreage designated for agriculture.
From my understanding, this event is modeled after Burning Man–style festivals in the Black
Rock Desert. These events are widely documented to cause significant cultural, community,and environmental harm, including:
1. Environmental degradation—soil disturbance, ecosystem damage, hazardous wasteaccumulation, improper disposal, pollution, and long-term habitat impacts.
2. Excessive carbon emissions from high-volume travel, generators, temporary infrastructure,and open-fire activities.
3. Public safety threats, including drug use, documented sexual assault cases, impairedjudgment in remote settings, preventable injuries, increased law enforcement burden, and
strain on emergency responders and surrounding communities.
4. Extreme wildfire risk due to intentional burning and recreational fire use— especially
dangerous on agricultural lands.
5. Cultural and community disruption, inconsistent with Hawaiʻi’s values and rural integrity.
456
Allowing a carbon intensive, fire focused event on agricultural land is in direct conflict,
inconsistent and fundamentally misaligned with Hawaiʻi’s climate resilience goals, wildfire-mitigation efforts, and the principles of mālama ʻāina, kuleana, and responsible stewardship
expected of land users in Hawai‘i.
Given the applicant’s past violations, the incompatibility of the proposed event withagricultural zoning, and the substantial environmental, cultural, and public safety risks, I
respectfully urge you to deny the Special Use Permit in full. The risk to our ʻāina, ourcommunity’s safety, our cultural respect and integrity, and the long term protection of our
agricultural lands far outweighs any temporary economic benefit this event may claim tobring.
Mahalo for your attention and consideration.
Mahalo,
Teilyr Kahanu
457
From:Emma Dubisz
To:Planning WPC Testimony
Subject:Testimony for the special use permit case for Falls on Fire and Teppy Mountain LLC.
Date:Monday, November 17, 2025 3:46:26 PM
Hello - below is my written testimony for the special use permit case for Falls on Fire and
Teppy Mountain LLC.
I attended the Falls on Fire event this year. Below were my observations:
It was extremely well organized, particularly in regards to fire. There were only 2 places
I saw fire. One was at the glass blowing demonstration that was surrounded by caution tape,
clearly in control by the artist. The other was in the large circle dug out for fire dancers. It was surrounded by
fire extinguishers. The fire dancers were all obviously in control.It was respectful to the aina. Trash was well maintained. Reusable materials were used
whenever possible. Much effort was made not to disturb the plants and grassIt was focused on rejuvenation, creativity and wellness, not on "partying"
It was a way to experience interactive art and learn tools for creativityIt was all about community. It was a very loving, friendly, kind environment where
everyone was accepted.It was an opportunity for adults to play, which is so rare
When it was decided not to burn the effigy (a powerful important emotional experiencefor many) for the safety of the aina , nobody blinked an eye. Everyone agreed quickly
that our priority was the safety of ourselves, the land, and our neighbors.
It was just a beautiful, healing event. As a resident of the Big Island, I would deeply love tosee it continue. I'm confident that the other attendees would agree that we're all absolutely
willing to listen and work with folks who are opposed to it.
Thanks for your time,Emma Dubisz
458
From:Josh Dubisz
To:Planning WPC Testimony
Subject:Testimony supporting the Special Permit for Tepper / Falls on Fire
Date:Monday, November 17, 2025 4:08:56 PM
Aloha Members of the Windward Planning Commission,
I am writing to ask you to support the Special Use Permit for the gathering on the Tepper
property in Pāpaʻikou.
I know there has been a lot of debate, but I want to share what I actually see happening
there. This isn’t a reckless party; it’s a community that really cares about safety and the
land. The organizers are extremely strict about leaving the place cleaner than they found it,
and they’ve put a lot of work into clearing invasive species and taking care of the property.
They’ve also shown they put safety first - even cancelling the fire elements when it wasn't
the right time to do it.
What I love most is how this event supports local creativity. It gives Big Island artists and
builders a rare chance to create large scale art that you just can’t do in a normal gallery or
market. It’s also educational - people are constantly teaching each other new skills and
trades. It’s a massive opportunity for local makers to grow and get their work seen.
There is also a genuine effort here to respect and learn from the host culture. The event
isn't just copying something from the mainland; it's trying to honor the ʻāina and integrate
Hawaiian values into how we gather. It focuses on gratitude for the land and our connection
to it.
We need safe, legal places like this to connect with each other. It feels more like a family
reunion than a festival, and it brings a lot of healing and friendship to everyone involved.
Please help us keep this community alive by approving the permit so we can do things the
right way.
Mahalo,
Josh Dubisz, Captain Cook
459
From:Katrina Zavalney
To:Planning WPC Testimony
Subject:Support for Special Use Permit for Teppy Mountain
Date:Monday, November 17, 2025 3:49:54 PM
Aloha!I am writing a testimony in Support for the Special Use Permit for Teppy Mountain.He is a kind man who cares about and gives back to the community. He has askedthe participants to be respectful to the local area and local community and we agreeto that. It is rather low impact, as many people who participate live on the island.Tourists from other areas and activities have a much greater impact on the island andlocal area, just to put things in perspective. This special use permit would be good forthe larger community and economy. Humans have gathered for years, and thisgathering is very responsible and respectful to the land, community, and leaves notrace - unlike many other gatherings. It would be good to support those who arerespectful in this way.
Kind regards,
Katrina Zavalney
Executive Director, Founder
Aranya Solutions
P: 808-746-4872E: KatrinaZavalney@gmail.comW: www.AranyaSolutions.com
"When minds meet, they don't just exchange facts: they transform, reshape them, draw different implications from them, engage innew trains of thought" -Theodore Zeldin, Secret Language of Leadership by Stephen Denning
Please consider the environment before printing this e-mail.
460
From:NIKA131 Productions
To:Planning WPC Testimony
Subject:Testimony in Support of the Special Use Permit for the Falls on Fire Gathering
Date:Monday, November 17, 2025 12:11:24 PM
Aloha kākou,
My name is Vidura Wickramasinghe, residing in Mountain View, Hawai'i.
I am writing in support of the Special Use Permit for the Falls on Fire gathering [Applicant:
Teppy Mountain LLC]. I would like to speak from a place of respect—for the ʻāina, for thecommunity, and for the cultural values that guide us here in Hawaiʻi.
First and foremost, I want to acknowledge the Native Hawaiian perspective that land is not
something to be owned, but something to be stewarded. It is a kuleana, not a commodity.While we find ourselves operating within a Western legal framework that does not always
honor this worldview, many of us participating in and supporting this event do strive toembody that sense of stewardship every day.
The land in question is a perfect example of this. If not for Teppy's purchase and intention to
protect it, this parcel would almost certainly have been subdivided, sold off, and opened toconventional construction. Instead, it has been held intact—preserved, cared for, and
maintained in a way that aligns far more closely with Hawaiian values than the developmentpath it was legally entitled to.
The community that gathers for this festival reflects that same spirit. Many attendees are
farmers, healers, yoga teachers, artists, cultural practitioners, and people who live close to theearth. This is a group that practices leave no trace not as a rule, but as a lifestyle. Every year,
the land is left in equal or better condition than before the gathering. Cleanup teams sweep thearea, composting and waste-sorting are prioritized, and participants take personal
responsibility for minimizing impact. The total footprint and number of attendees is veryminimal compared to many other gatherings I've seen in the Hilo and Puna areas.
It is also important to recognize that this gathering is not simply entertainment; it is a
celebration of land, community, and connection. The timing of the event aligns with Makahikiseason, a period traditionally associated with peace, renewal, festivity, and honoring Lono. A
gathering that uplifts creativity, stewardship, agriculture, and community healing is deeplyaligned with the spirit of Makahiki.
Allowing this event to continue—under responsible guidance and clear ecological
commitments—supports a vision of land use that prioritizes preservation over development,community over profit, and cultural respect over commercialization.
In a time when so much of Hawaiʻi’s open space is being consumed by subdivision and
construction, supporting landowners who choose preservation and cultural celebration is notonly reasonable—it is essential.
For these reasons, I strongly support the approval of the special use permit and encourage the
County to recognize the unique positive impact this event has on people and ʻāina alike, as allattendees and organizers are willing to meet at a place of compromise and find a healthy
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middle ground by having no ceremonial Effigy burn, and having a strictly enforced curfewtime for amplified sound.
Mahalo for your time and consideration.
Vidu W.Cinematographer & Owner | NIKA131 Productions(707) 267-8537
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INPERSON
Hannah Hartmann
Erick Ekendayo
Joshua Grossman
Ken Fletcher
Kaulana Waipuilani
Harry Holm
David Smigel
Jeramiah Morgan
Chloe Waters
Dylan Shropshire
Bridget McKenna
Misty Vaught
Erik DeGunther
Skye
Scott Hoyt
Zan Moore
Heiley Hacoba
Evan Rock
Brian Allison
Adam Tuifagu
Cory Harden
M. Leilani DeMello
Eliza Folkman
Ben Mead
Sunny Arashiro
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ZOOM
Nakoa Wilbur
Claudia Rohr
Michael Peele
Ryan Marshall
Tara Rojas
Christine Holt
Kamalani Kapeliela
Chanelle Loa
Charles Flaherty
Jasmine Powell
Kahanu Akiona
Emma Koa
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Sherry Broder <sherrybroder@gmail.com>
Zoom Recording and Draft Transcript | CCH Hearing Teppy Mountain | Thursday,
November 13, 2025
1 message
Dacayanan, Melissa <Melissa.Dacayanan@hawaiicounty.gov>Mon, Nov 17, 2025 at 1:40 PM
To: "Teppy Mountain, LLC" <teppy@egenesis.com>, "Calvert Chipchase Esq." <cchipchase@cades.com>, Jake Honigman
<jhonigman@cades.com>, Jim McMahon <jimlichun@gmail.com>, "Darrow, Jeffrey W." <Jeff.Darrow@hawaiicounty.gov>,
"Campbell, Jean K" <JeanK.Campbell@hawaiicounty.gov>, "Sherry Broder Esq." <sherrybroder@sherrybroder.com>
Cc: "Ley, Rachelle" <Rachelle.Ley@hawaiicounty.gov>, "Lactaoen, Kawehilani S"
<KawehilaniS.Lactaoen@hawaiicounty.gov>, "Jackson, Maija" <Maija.Jackson@hawaiicounty.gov>, "Kay, Christian"
<Christian.Kay@hawaiicounty.gov>
Good afternoon,
Below is a link to the Zoom recording and draft transcripts for the subject hearing. Additional testimonies received by
today’s 4:30 p.m. deadline will be provided later, as permitted by the Hearing Officer.
CCH -Teppy Mountain Zoom and Draft Transcripts
Thank you.
Melissa Dacayanan-Salvador
Windward Planning Commission | County of Hawaiʻi | Planning Department
101 Pauahi Street, Suite 3 | Hilo, Hawaiʻi 96720
Tel: (808) 961-8156 | melissa.dacayanan@hawaiicounty.gov
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Hawaiʻi County is an Equal Opportunity Provider and Employer
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GMT20251113-181817_Recording_1920x1080.mp4
Speaker 1 [00:09:46] There you go, now it's on.
Speaker 2 [00:09:50] Do you think they could? Some in the back could not.
Speaker 3 [00:09:56] Okay, I just heard that my microphone wasn't on, so I'm going to
repeat what I just said, which is that the parties were having a short discussion before the
hearing started, and I didn't want to start the hearing until everybody was here. So I
appreciate everybody that's come to testify, and I'm sorry that we're going to have a slight
delay. But thank you for your understanding. So my name is Sherry Broder and I am the
hearings officer for today.
Speaker 2 [00:11:03] These mics are in the case right to your face. All right, we're not
talking just hit this button
Speaker 3 [00:13:47] Okay, we're ready to open the hearing. I just wanna point out that
first we're gonna have the live testimony, and then we will have the testimony by Zoom. I
wanted to make the live testimonies first, so if any of you don't wanna stay for the whole
hearing, as soon as you're done, you're welcome to leave. We are gonna have a three-
minute rule on the testimony, but I will accept written testimony if you don't have. Sufficient
time to finish your oral testimony. I will allow for written testimony to be submitted up until
the close of business on Monday. It's really appreciated that so many people are willing to
come and share their mana'o with us. And I look forward to starting this hearing. So as I
explained before, my name is Sherry Broder and I'm the hearings officer. And I will be
making a recommendation to the County Planning Commission for the Windward side. Ms.
Maya Jackson is going to read some of the rules and then I will finish.
Speaker 4 [00:14:57] Thank you, Madam Hearing Officer. So I will read off from the in-
person testimony list. I'll call two names at a time. And if you could come up to the front
table and turn on your microphones, I will swear you in and then state your name and your
town you reside in. Please do not provide your address. And then you can begin your
testimony. And as Madam Hearing Officer said, you'll have three minutes. I'll let you know
when you have 30 seconds remaining and when your time is up.
Speaker 3 [00:15:30] Okay, I just want to remind everybody that's here that we were going
to conduct the hearing with decorum, dignity, and respect for each other, even if we
disagree. This is for the contested case hearing for Tepe Mountain LLC special permit
application to allow the operation of an annual festival event with overnight camping for up
to 500 attendees. Once a year and to legitimize the storage of commercial vehicles on a
14.7 acre portion of a larger 1,419.17 acre property in the state land use agricultural
district. The property is located at 27-476 Indian Tree Road, approximately 0.7 miles west
of of its intersection with Hawaii Belt Road, Papa'i Kau. South Hilo, Hawaii, TMK, 327-007-
001, Paranpour, Shen. Please turn off or silence your cell phones. Public restrooms are
located outside in the middle of the building to the right. If there is anyone here in person
who would like to testify, please fill out the yellow signup form at the staff table. Also, if you
have any written testimony that has not been sent in earlier, you may submit it to staff now.
I'm going to introduce myself again, And then I'm going to ask the parties. Uh, to introduce
themselves and if they have a lawyer, uh, for the lawyer to do the introduction, uh could I
ask the county to be the first
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Speaker 5 [00:17:31] Good morning, Deputy Corporation Counsel, Jean Campbell, here
on behalf of the County Planning Department. With me is Director Jeffrey Darrell. Aloha,
welcome.
Speaker 6 [00:17:43] Good morning, Cal Ship Chase and Jake Honigman, representing
the applicant. The applicant is present.
Speaker 3 [00:17:49] Mahalo.
Speaker 7 [00:17:55] Jim McMahon, along with my wife, Li Jinghuang, the interveners.
Speaker 3 [00:18:00] Mahalo and welcome. Okay, we're going to begin the public
testimony now, starting with the in-person speakers, followed by the Zoom participants.
Testimony will continue until all are heard. Testifies in person, please press the
microphone button and speak directly and clearly into the microphone so your statements
can be recorded. And we are going to have a transcript afterwards, so someone will take
what has been recorded. And put it into written form. So it's important that nobody talk over
anybody else and that everybody speak directly into the microphone and speak clearly.
Zoom testifiers, please keep your video off and audio muted until call to speak. Please
keep your testimony respectful, dignified and with decorum and delivered with aloha to me
as the hearing officer. Personal attacks and disruptive behavior will not be permitted. And I
may pause the hearing or end it at any time if necessary to preserve decorum. Okay, Ms.
Jackson, could you call the first testifier?
Speaker 4 [00:19:19] Yes, thank you, madam hearing officer. The first two testifiers are
Sonny Arashiro and Ben Meade. If you could come to the front testifier table so I may
swear you in. Thank you. Please raise your right hand. Do you swear or affirm to tell the
truth today on this matter?
Speaker 1 [00:19:54] Sorry, I couldn't.
Speaker 4 [00:19:55] Do you swear or affirm to tell the truth today on this matter?
Speaker 3 [00:20:02] Is that true for you, too? Yes, I do.
Speaker 4 [00:20:08] Please state your name and the town you reside in. You'll have
three minutes and I'll let you know when you have 30 seconds remaining and when your
time is up.
Speaker 8 [00:20:18] Hi, I'm Sonia Arashiro. I live in Paepae Ko. I'm here with my
grandmother and my father. Our family has been in Paipae Ko for many generations. And
when I think of Paipa Ko, I think of my great grandparents casting poles off of Onemea
Bay. I think my grandma and her brothers living a plantation lifestyle. I think about my dad
teaching us how to hunt and fish. The people who make up this community are
hardworking, humble, and gracious. When I think of the things that attract people to Pai
Pai Cole, I think of the peaceful charm that runs through the area. And I believe a Burning
Man style event has no place in a community like this. It would be difficult to find support
for this event in PaiPai Cole with this expanded event and adding that to the part of our
legacy and reputation of this place. Saying that this is an opportunity to blend Hawaiian
culture and Burning Man culture is a misrepresentation and misunderstanding of Hawaiian
culture in history, a history marked by wealthy settlers taking large amounts of land from
people who have been there for generations for their own amusement and interests. Here I
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have a petition of 355 signatures opposing the Falls on Fire event taking place. I cannot
help but worry that the attention this event will bring will draw visitors who do not
understand or respect our ways. I worry that this would lead to more wealthy outsiders
purchasing property and pipe coal and pricing families out of their land. And I worry this
would be a catalyst in changing the very nature of the only home I've ever known. After
what we've been seeing in Hamakua this year, I also worry about the increased risk of
wildfires and what we have previously considered wet areas. This event represents a
familiar pattern of colonization and disrespect, the wealthy and powerful with no ties to the
land coming in and disregarding the wishes and voices of the people that do. The aloha
spirit is rooted in a deep sense of reciprocity, relationships, and respect, not spectacle.
Falls on fire would turn Pepaiko into an exposition. Our opposition to this event does not
mean that we do not welcome Mr. Tepper. However, it does mean that we did not
welcome this event. Mr.Tepper holds land, power, and resources that we do not. And I
would like to urge him to learn about the places and the people who have roots here and
use his status to make positive change. I'd like to strongly urge the One Word Planning
Commission to listen to the people and deny the special use permit. And I strongly urge
Mr.Tepper to listen to the People of this community, stop trying to host this event, and
learn about what it means to live in Hawaii. Thank you.
Speaker 9 [00:22:59] Hi, my name is Ben Mead. I live directly across the stream from this
property in question and I'm here to strictly look at legal issues around this special permit
request and my points will be that this special uh permit is not allowed for this type of
activity because it is expressly prohibited activity overnight camping on agricultural land
property. And also, my second point here is that the land in question is designated as
agricultural land, for sure. And that special permits for this are supposedly necessary for
land that is under 15 acres. However, special permits are required for lands designated as
important agricultural lands, regardless of size, and I think that's what qualifies. I would like
to focus strictly on Hawaii revised statutes. Revised statute 205-4.5, permissible uses
within agricultural districts, shall be restricted to the following permitted uses. Cultivation of
crops, game and fish, propagation, raising of livestock, are specifically mentioned. It also
goes on to say that not including drag strips, airports, drive-in theaters, golf courses, golf
driving ranges, country clubs, and overnight camps, of which this is. So it's specifically,
and that's important, it's, specifically, Bye! Designated as a not-use on agricultural lands.
And that's really important because Thanks. Have in front of me something called a bill for
an act. It says be it enacted by the legislature of the state of Hawaii. The legislature finds
that in March 2023 the Hawaii Supreme Court ruled that the specific exclusion of overnight
camps from the list of permitted uses in agricultural districts means that special permits
cannot be issued for overnight camps in agricultural districts. Regarding that statement I'm
curious why we're even here. With this contestant special.
Speaker 4 [00:25:36] You have 30 seconds left.
Speaker 9 [00:25:40] And I have more that apparently, and it was in this application, there
is a buy given for land that is under 15 acres, which is specifically why they have chosen to
do this under 15 Acres. However, the second part of that says, special permits for land of
which is greater than 15 acres. Or for lands designated as important agricultural lands
shall be subject to approval by the Land Use Commission. In the application, the part
about lands designated for as important agricultural lands was strategically left out in the
application.
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Speaker 4 [00:26:31] The next two testifiers are Eliza Folkman and M. Leilani Demello. If
you could come to the testifier table, I can swear you in. Please raise your right hand. Do
you swear or affirm to tell the truth today on this matter?
Speaker 3 [00:27:12] Thank you. You're welcome.
Speaker 4 [00:27:16] So you'll have three minutes. I'll let you know when you have 30
seconds remaining. Please state your name, the town you reside in, and you may begin.
Speaker 10 [00:27:25] Doesn't.
Speaker 3 [00:27:32] Just just a second. You can submit those to the clerk when you
leave. Okay, we'll we'll. All right. Okay. Thank you. I will read all the testimony, even if the
person doesn't testify orally. Okay go ahead. I think you need to turn your mic up.
Speaker 10 [00:27:58] Hello, Kakao, Chair, Commissioners, and Planning Staff. Mahalo
for the opportunity to testify. My name is Eliza Folkman, and I am a resident of Hamakua. I
am submitting this testimony in strong opposition to Tepe Mountain LLC's special use
permit request for its proposed festival and commercial activities in Papeika, located within
the State Land Use Agricultural District. Your Honor, this opposition is not about stifling
creativity or community gatherings. But about protecting the integrity of Hawaii's most
precious agricultural lands, particularly those in the Hamakua region where the property in
question lies. This case concerns not merely a special use permit application, but the
continued erosion of Hawaii ancestral connection to its aina. Mr. Tepper's proposed use
conflicts with the cultural, environmental, and social values enshrined in both Hawaii's
constitution and longstanding Native Hawaiian traditions. How am I doing on time? I still
have quite a bit. Sorry, OK. Agricultural lands are a finite and irrepressible resource. The
area's potential should be strengthened, not diminished. The Hamakua Coast and its
adjoining South Hilo lands represent some of the most productive agricultural soils in the
entire state. Fed by centuries of volcanic activity and sustained by generous rainfall, these
Andesal soils support diverse crops, grass-fed livestock, and sustainable food systems.
The lands of Papayako are unlike any other in the world, ideally suited for regenerative
agriculture and sustainable ranching. These activities enhance local food security, protect
Hawaii's water resources through healthy soil management, and support the island's long-
term economic resilience. Once these lands are disturbed, compacted, or polluted by
large-scale non-agricultural activities, the fertility is not easily restored. It can take decades
to rebuild the soil structure and microbial balance that allow these fields to produce food
for our island community. Every acre taken out of agricultural productivity or subjected to
non-farm uses that degrades soil health weakens that foundation. The applicant's history
of unpermitted events, fines, and lack of good standing with the DCCA further raise
concerns about their commitment to stewardship and compliance with local regulations. I
didn't even put this in my speech. I wrote this two weeks ago, but um. He hosted a huge
party Saturday night, Sunday morning. It went on from midnight until like, I mean, 3 30
a.m. The music was just pumping. It was deeply disruptive to myself, my livestock, my
neighbors. I hate to see what's to come of this. It is the duty of the court as guardian of the
public trust to ensure that such ownership does not perpetuate environmental degradation.
Speaker 4 [00:30:36] We have 30 seconds left.
Speaker 10 [00:30:39] Restrict traditional agricultural practice or commodify the sacred
relationship between Hawaiians and their ʻāina. The community deserves better than to be
asked to shoulder the consequences of an outsider's unpermitted experiments. The
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planning department has already documented violations, issued fines, and expressed
concern about enforcement. The responsible course knows to uphold these findings and
deny the special use permit. This land holds for far greater long-term value as far- Three
minutes are finished.
Speaker 3 [00:31:12] Please submit the rest of your testimony that you have written for the
record, okay? Well, you talk to Miss Jackson, okay, about the procedure to do that, but I
promise I will read everything.
Speaker 11 [00:31:31] Aloha kakayaka o malisa lilanitimelo ko'o ino'a. Nuhua'o ola'a puna
maki'i a mokopunine. Mahalanui for having this hearing and giving people the opportunity
to speak. I do not typically come and provide testimony, but I understand that there were
people who were here that could not, there are people who would like to have been here,
but could not. Though I cannot speak on behalf of all those people, I can speak on the
behalf of myself, and I would be remiss to not take that opportunity to clearly say that. I
failed to see the alignment of this event with Hawaiian culture, and I failed to see how this
would benefit the community. As a landowner here, I don't typically, I usually support the
rights of landowners to do what they want with their property, but however, this is beyond
what is pono. And though we are in the time of lono and it's time to reflect and take stock
of our things, I don't feel that people would just sit idly by and watch this happen. So I
implore you to please consider all of the testimony that's being given today. And yes, I
hope the landowner also listens and hears that the community is not in support of what
they have in store for this place. Oye wale nō mahalo nō.
Speaker 4 [00:33:16] The next two testifiers are Corey Harden, to be followed by Adam
Tui-Fuku. Please raise your right hand. Do you swear or affirm to tell the truth today on this
matter? Thank you. Please state your name, the town you reside in, and you'll have three
minutes. I'll let you know when you have 30 seconds remaining and when your time is up.
You can start now.
Speaker 3 [00:34:04] You need to speak up a little bit.
Speaker 12 [00:34:16] Good morning. Corey Harden from Hilo. Thank you for taking
testimony and I second what the previous testifiers have said so eloquently. Please deny
the special use permit. Mr. Tripper is unlikely to comply with permit conditions based on
his past behavior. He held two events without permits, one in 2023 with over 100 people.
Another in November 2024 with over 200 people. Mr. Tepper applied for a permit for
November 2024, but the application shows little or no effort to determine if there were
cultural resources in the area or to determine previous use of the area by Native
Hawaiians exercising traditional and customary rights. The application also says 14.9
acres for the event. Just under the 15-acre size that would trigger review by the Land Use
Commission but attendees could easily wander off the 14.9 acres. The Land Use
commission issued a notice of violation and Planning Department issued a cease and
desist order for November 2024 but Mr. Tepper went ahead anyway. He was fined a total
of more than $34,000 for two violations. And told not to advertise or hold any more events
till he attained a permit. But this month, emails went out inviting people to a private
gathering, linking to a website with FOF information, and asking people not to publicize the
event to prevent Tepper from incurring fines of $500 a day. Neighbors have been severely
impacted by noise, as one person just said. Traffic, wear and tear on roads. There are
buried utilities that could be damaged by heavy equipment from Mr. Tiffer's property. For
his fire, as you know, the Monop road fire just burned over 2000 acres. Hamakua had 90
fires so far this year, three times higher than average, and fires can look like they're out,
476
but then smolder underground for months, undetected and then reignite. I don't think Mr.
Tepper should be trusted with fire. Mr. Tapper owns over 15,000 acres on Hawaii Island.
So if we're lenient on this permit, there could be impacts to many more acres from future
permits. So thank you.
Speaker 13 [00:36:59] Aloha, my name is Adam Tuifangu and I live in Papahikou, in Hilo-
Pali-Ku. I will be opening with a mele.
Speaker 14 [00:37:14] He aloha, he velina nui la, e ka'aina o papa'i ko'u. Pa'a mai ka
makani, pa'a ka'a la, i ka la'i o na paliku'u E a no mako na haumanala, o ke kula ha'a
ha'apono, o ke ali i maka'aina nala. O kuhi o ka lani ana ohole E ola maukai noa o kuhio
ola O ka me eho o pula pula Aloha nui ka lahui la Me nā ke kī o Hawai'i nei, heino ano ke
kula o peni.
Speaker 13 [00:38:04] Jona Kuhio Kalaniana'ole. Aloha nui kākou o wau o Adam Tuifangu
a he kumu wau makikula o Prince Jonah Kuhi o Kalanianna'ole a he kupawao no ka'aina o
pa'i kou. He inua no Kalaniano'ole was composed by Dr. Ku Kahakalau and given to
Kalanionole School this August. I chose to share it this morning to uplift the name of keli'i
makainana o Jonah Kujio Kaloniano'oe. It was he who believed that the rehabilitation of
the Lāhu'i ... Would come through placing Hawaiians back on the land, the aina ho'opula
pula. I also want to uplift the name of Auntie Ku, who has stood as an example of aloha
aina oia i'i o for decades, from Kaho'olawe to Makua to Pohakuloa. Never did I think that
my small hometown of Papa'iko would be among those vahipana. But here we are. So
here I am asking you to deny this special use permit. As the lāhui prepares to enter
makahiki season, one of the lessons we will surely be teaching our keiki. Is that there is a
time and place for different activities. I would like to say that this is not the time for this
activity that is being proposed and requested, and I hope that you would agree that
Papa'iko is not that place. If I have a few moments, I would also echo the words of my
neighbor, who so eloquently spoke first, that we would be open to the land owner I work at
the school. There's lots of opportunities to work within the community in ways that. Align
with our values and I would appreciate that opportunity to work with him and his supporters
in the future. But mahalo ya'oi and all who are working on this issue today, mahalonui.
Speaker 4 [00:39:43] The next two testifiers are Brian Allison and Evan Rock. Please raise
your right hand. Do you swear or affirm to tell the truth today on this matter? Thank you.
You'll have three minutes. I'll let you know when you have 30 seconds remaining. Please
state your name, the town you reside in and you may begin.
Speaker 15 [00:40:21] My name is Brian Allison. I reside in Eden Rock. I have known
Andrew Tepper now for two years, a wonderful man. I was born and raised as a sod
farmer, so a steward of the land, and taught that as well. It's been an honor. I'm thankful
that people want to come and help teach the Hawaiian culture here, possibly for these
events. And there have been open ceremonies by Hawaiians. To do that as well. I'm also a
wildland firefighter, red card holder, and understand fire. I have, being an equipment
operator, I have also gone back in where there have been some mud tracks. I have used
the machine to do land reclamation and want to purify and keep this land. Many
landholders do come in, bulldoze, clear land, and gravel, and build ugly homes and
destroy land here. Beautiful conservation land that won't be touched and preserved, and
I'm here to testify that this man wants to help bring culture and also teach culture to the
people. Also doing Burning Man and being a part of that TPW and building of that event on
the mainland. I went through a very hard, tragic loss last year and a friend of mine, also
here, builds a temple to help people grieve and process and this space has allowed me to
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help grieve And... Get through to the next phase to help, help more people learn and grow.
Greatly appreciative of what is happening here, and I'm thankful for the people that are in
opposition as well. Thank you for speaking your terms and how you feel about this. I
believe in all, we can grow together, and thank you for your concerns, and please speak
with this wonderful man, Andrew Tepper, so we can help mediate this to help everybody
end. Preserve land and Make something beautiful.
Speaker 16 [00:42:57] My name is Evan Rock and I've been living in Papago for the past,
coming up on 14 years. I have my family of. Two children, my partner, and one baby on
the way. We've been living on Indian Tree Road the whole time, and directly adjacent to
the ranch. And that's how I've always seen it as a ranch. It's always been under ranch
operations, even with the previous owner. And I just want to testify that... Roger is an
incredible individual who runs the ranch, and he has helped me and other neighbors on
that hillside with equipment to build house foundations and repair roads and clear trees.
Even helped get a tractor out of a gulch once with his bulldozer. It was very helpful. Would
have been very costly if he wasn't there with that equipment. I see Andrew Tepper
purchasing this land as a continuation of conservation in the sense that this could have
been subdivided and it could have turned into more development. He seems to have the
resources to have a long-term vision for that land and what's above it, and keeping it in
ranching operations with nearly 600 head of cattle that could be used by the were to come
to that, I think that is. Pretty much what the land is primarily used for in a small period of
the year if a festival happens on a small portion of the land, doesn't interrupt that continued
agricultural purpose that has been going on for longer than I've been here, by probably
about a decade. And every interaction that I've had with Andrew Tepper has been polite
and cordial and he's been a very friendly person. And I could say the same for. All the
people that go to the festival that I've interacted with. I've been off island on visiting family
on another island for the last two years, so I haven't been able to see firsthand what's
going on, but my friends say that it seems to be. Respectful and, um, maintained in a, in a
point of way.
Speaker 4 [00:45:35] We have 30 seconds left.
Speaker 16 [00:45:39] With much respect to the Hawaiian culture and all the people that...
Representations of continuing that into the future. I think that it should be considered and
discussed. To see both sides. So thank you very much for your time.
Speaker 4 [00:46:04] The next two testifiers are Haile Haroba, to be followed by Zan
Moore. Please raise your right hand. Do you swear or affirm to tell the truth on this matter
today? Thank you. You'll have 30, I'm sorry, you'll have three minutes. I'll let you know
when you have 30 seconds remaining. Please state your name, the town you reside in,
and you may begin. Aloha kakou.
Speaker 17 [00:47:00] My intention today is to voice my strong opposition against the
approval of a special use permit on behalf of the Tepe Mountain LLC. This entity has
already proved their unalignment with our Hawaiian culture and unwillingness to
undermine and violate the law. When they organized and held two unpermitted, large
scale events in 2023 and 2024, as mentioned before. The land that Tepe Mountain LLC is
attempting to obtain a special use permit for is agricultural land, like it's been mentioned
before, from what I understand, the falls on fire events that they're planning to hold on this
land is based on the Burning Man event held in other areas in the world. Our precious Ina
is not a playground. And this event is known to have detrimental community,
environmental, and cultural impact. This event is know to be the host of sexual assault
478
cases, drug use, horrific waste disposal, and at times uncontrolled open fires. Considering
the Mono Road wildfire that happened just this week where over 2,000 acres burned, the
last thing we need here is intentional fire lighting. For recreational matters on agricultural
land. Welcoming this kind of event would be a mistake, and I would hope these brief
examples would make it clear enough to understand why the special use permit should not
be approved for Tepe Mountain LLC. I am begging you, on behalf of all of the Aina that
have already been desecrated in the Koh Pai Aina to deny this request, and just to make it
very clear. Considering what the Hawaiian people have to say and listening to it are two
very different things. And we can be heard. But if we're not listened to, then what doesn't
matter? Mahalo for your time.
Speaker 18 [00:49:07] My heart is very full just seeing how many people care so deeply
about this. And this is very, this is what community is made of, like people getting together
and talking about what matters to them. And I'm so glad that we're here doing this. And my
real hope is that in any way this can bring us all closer together, like to really recognize
and respect each other's positions. So, oh, sorry, I'm supposed to say that I live in the
town of Mosher and I'm a property owner on Indian Tree Road. I live just down from the
property that Mr. Tepper is on. And I've never been to any of the falls on fire events, but I
am happy that they are happening. In part, that is because this is a very difficult time on
earth, as far as I can tell. And I think that we need to keep alive ways that we can get
together. I don't see the purpose of this event entirely as recreational. I do know that there
are many different ways to pray. And fire is involved in many of the traditions that I'm
aware of. They are building temples up there. And so I think an important part of
community is diversity, and that, in fact, brings strength. And so I've been on both sides of
this. There's an event happening near me. And I've also put on other events in other
places. There are unexpected ways that benefits can come to everyone involved. And I
have also taken my children to other festivals, because I think it's important for them to
recognize how many different ways people can be. So in this case, my interactions with
Mr. Tepper have all been positive. He's been very respectful and cordial, very good at
communicating in advance and I have not been disturbed by the events that happened
there. My thought would be that I would just appreciate if council can take into
consideration everything that everyone has said but also bring to bear the matter of like,
you know, reasonable consideration of facts. It doesn't seem that agricultural use is being
diminished or violated. The ranch continues in operation as it always has. I don't see that
as a... Problem. Mr. Tepper has been very helpful in the maintenance of the road, and I
don't see that the road wearing down. Being a person who lives on that road is really a
problem for us. Any idea that machinery would harm utilities would only be his own utilities.
He's at the end of the row. So these are valuable things to consider, and let's just consider
them each individually and say, is there a way that this can be mitigated? Because I am in
favor of the possibility of people acting and behaving in diverse ways.
Speaker 4 [00:51:44] You have 30 seconds left. Thank you.
Speaker 18 [00:51:47] As long as they are doing so respectfully and paying attention to
the ways in which their impacts are made. And I do get the feeling that in good faith and
with a good heart, this man is doing that. And even though I'm not an attendee of this
event, I would like to speak in favor of this permit being granted on the condition that we
can listen to all of the points that are being made about what the harms and impacts might
be, and those can be addressed. I would to find a way in which everyone can win, and this
does not become a push and shove fighting match, and that it hopefully can bring us
together. Together.
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Speaker 4 [00:52:27] Madam Hearing Officer, you have, let's see, 12 more in-person
testifiers. The next testifier is Scott Hoyt to be followed by Skye. Is this guy here? Okay.
Please raise your right hand. Do you swear or affirm to tell the truth today on this matter?
You'll have three minutes, I'll let you know when you have 30 seconds remaining. Please
state your name, the town you reside in, and you may begin.
Speaker 19 [00:53:28] My name is Scott Hoyt. I'm a five-year resident on one of the very
few farms on the access road approaching the ranch on Indian Tree. I was born and raised
in Hawaii, and the practice and preservation of alohas as well as the sanctity of our
mountain, and in particular, our hillside, is. A very high priority of mine. When the ranch
first came for sale several years ago, there was one big question about how this is going to
play out. And of course, there's a lot of concerns about some potential about what may
happen, in particular with the long-term tenant that has been ranching there. Andrew
Tupper purchased the land. There was an intention to have an event up on the land and
one thing I did was to challenge myself to have a very open mind and one think that I did
that I think many people have done is to approach Mr. Tepper, have a conversation with
him. In which I found he was extremely open-minded, he was curious, he listened, and he
very clearly has a wonderful heart. As far as what type of gathering that he intended to
have, he invited me to come join that. And what I did was, twice over the last couple of
years, I've gone to observe and understand what's happening there. And I was truly
impacted and impressed with the quality of people and the intentions. And the way in
which they gathered, and the way which they gather, yes, it is different from what many of
us are used to in our cultures and how we do that. And then I look at myself in the same
way that I was hoping that Mr. Tepper shows up in our community and to have an open
mind.
Speaker 4 [00:56:10] You have 30 seconds left.
Speaker 19 [00:56:12] And what I have discovered is that along with his good heart and
open mind that he has really the only thing he's asked for is an opportunity to gather and
build as community. So I would encourage the council as well as others in our
neighborhood to. Have an open heart and have any discussion and to welcome our new
neighbor. Aloha.
Speaker 20 [00:56:54] Aloha mai kākou, o wau o Skye, noho au maa waiakea uka. Aloha,
my name is Skye and I reside in Waiakeau Uka. And I am here in strong opposition to
Tepe Mountain LLC's special use permit and to Mr. Andrew Tepper's appeals. It's amazing
to me that those testifying in support of this festival have never actually attended. And to
be clear to the gentleman who spoke earlier, we're not all here to come together. We're
here because this is a case hearing. Mr. Tepper is a Pennsylvania-based investor who
since 2021 has quietly, and I say quietly because myself and many others personally
never heard about this until yesterday. But it's amazing what can be learned in less than
12 hours, a little caffeine, access to information, and the drive to protect people and aina.
For those of us who had no idea that this was going on, here's what I learned. Tepper
acquired over 15,000 acres here on Hawaii Island, including about 800 acres I
Kupayanaha Ranch in Papahiko. In 2023 and 2024, he held a Burning Man-style festival
called Faws on Fire on his agriculturally zoned land in Papakiko without the required
county permit. Those events brought themed camps, loud music, camping, art
installations, and a burning effigy just months after the Lahaina fires. And not to mention
the recent Mana Road fires. With state officials raising concerns about burning activities
and overnight camping near sensitive lands. Hawaii County investigated and determined
that falls on fire did require a special use permit. The planning department issued a notice
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of violation, a cease and desist order and fines totaling about 34,000 against Tepe
Mountain LLC for these unpermitted events. Instead of honoring that enforcement, Mr.
Tepper is now appealing those fines and simultaneously asking this body for a special use
permit to retroactively legitimize and expand falls on fire into an annual multi-day festival
with overnight camping for up to 500 attendees, as well as commercial vehicle storage on
14.7 acres on 27-476 Indian Tree Road. I also want to remind you of the precedent for
local farmers. In Kona, a local coffee farm seeking a special permit just to host weddings
and small gatherings on ag land. Faced a planning department recommendation for denial
because it conflicted with state land use law, threatened the agricultural character of the
area and created concerns about traffic and noise. The Leeward Planning Commission
deferred the decision and required additional studies for a small wedding venue run by
long time local farmers.
Speaker 4 [00:59:32] You have 30 seconds left.
Speaker 20 [00:59:33] Okay, if even our own farmers struggle to get permits for modest
wedding events on ag land, it would be completely inconsistent to reward a mainland
investor who has already violated ag land regulations with a huge Burning Man SIO
Festival. From a health and INA perspective, this matters. Large festivals concentrate
hundreds of people, vehicles, generators and waste in a rural area, Causing soil
compaction, vegetation damage, and impacts to water and habitat, all of which undermine
agriculture productivity, burning effigies, and bonfires produce. Three minutes are finished.
Can I submit the entire thing written?
Speaker 4 [01:00:19] The next testifiers are Eric Degunther and Misty Vout. Please raise
your right hand. Do you swear or affirm to tell the truth today on this matter? You'll have
three minutes. I'll let you know when you have 30 seconds remaining. Please state your
name, the town you reside in, and you may begin.
Speaker 21 [01:00:58] Hello, my name is Eric De Gunther. I reside in Popeco on Indian
Tree Road, just below the property in question. I tend Aina on that property, and what I see
happening on the land above me is continuing ranching and tending to the Aina there,
supporting the man who has been tending that Aina. For a long time, so I appreciate what
TEPI has done in purchasing the land, in continuing the vision of agriculture and
conservation. As a resident of Indian Tree Road, I'm not concerned about wear and tear
on the easement. Tepe has done an excellent job putting forth intention and work in
maintaining the road, which I appreciate. The event that happened recently felt, to me,
very low maintenance and respectful. In my experience, I did not hear any music or feel.
The event was imposing. So, yeah, I am in support of this event happening, and I think it's
being held with respect for the Aina and for the neighborhood.
Speaker 20 [01:02:47] My name is Misty, and I reside in Volcano. I've attended all three of
the Falls on Fire events. I understand that Burning Man sounds like a big, scary thing. And
referring to the event as a festival paints a different picture than what is actually
happening, which is that we each bring something unique. We bring art. We bring gifts. No
money's changing hands. Things are not being bought and sold. And while our largest
event does host 80,000 people That is decidedly not the direction that falls on fire is
headed. We're a very small event. And though we do adhere to Burning Man principles like
our focus on community and leaving no trace, we are not recognized or promoted by the
larger organization. This is a very, small three-day camping event. This year was capped
at 250 people. Last year, 200. The first year, 100. The spirit of the event feels more like a
family reunion in an intentional community. Our intention is not to grow beyond this small
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scale. Fire safety measures are taken. Last year we consulted the fire marshal before
burning our effigy. This year we opted not to burn anything. And if conditions need to be
placed on the permit that state that nothing can be burned, everyone in our community
understands. And we're all willing to respect that. So it's not about burning. We don't need
to burn anything. Our community is a Leave No Trace community and we intend to leave
things better than we found it. This isn't just a bunch of people partying and trashing the
place, which is very common at festivals. The only intentional destruction I have personally
witnessed is the digging up of Indian Tree Road repairs that have been done by
Speaker 4 [01:04:52] The next testifiers are Bridget McKenna and Dylan Shropshire.
Please raise your right hand. Please raise your right. Do you swear or her to tell the truth
on this matter today? Yes. Thank you. Yes. You'll have three minutes. I'll let you know
when you have 30 seconds remaining. Please state your name, the town you reside in and
you may begin.
Speaker 3 [01:05:36] Hello. My name is Bridget McKenna, and I live in Pahoa. And
mahalo nui and aloha to everyone. I deeply respect the Hawaiian people of this land. I do
believe in their sovereignty. I would only hope that perhaps a little bit more of an
investigation into the people that are running this festival would happen because I went
with my two sons, my two daughter-in-laws, and my daughter- in-law's sister. And we went
as a family, and we worked hard building our camp. And we slept overnight twice. And I
had never been to a Burning Man before. And I was so impressed with the peaceful.
Group, there was no violence. There was no threat of any violence. There was, no real
hardcore drugging or partying like that. It was a very beautiful event. It made me feel,
personally, I'm Irish. And it brought back an ancient remembrance of gathering. It
reminded me of what it must have looked like. Felt like to live in a tribe where you have all
these friends and family around and you have a gathering space. And so when we talk
about being an offense to Hawaiian culture, it seems to me that it wouldn't have been an
offense to a Hawaiian culture that had not been colonized. It's more like an ancient desire
for human beings to gather and to. Yes, party together. This is a human. This is throughout
all native cultures, people like to get together and party. And if people looked up the
Burning Man principles, there's 10 principles of Burning Man, I think you would be very
impressed that it's a giving society, where you go to give food and give fruit and. Nobody's
selling anything, and it's absolutely leave the place exactly the way you left it, found it, or
better, and be respectful of everybody and respectful of the land. And I just think there's a
little bit misinformation about the event itself that could be cleared up, plus mitigation for
sure. Um, if, if... The community around it would like the people to clean up the streets, the
highway, do something like that, not burn things. I mean, very negotiable. And anyway, we
come in peace and we love this land and honor this land and do not mean any harm. So
thank you for listening and thank you for being here and thank for caring so much about
the land on both sides. Thank you for being.
Speaker 16 [01:08:49] Hi, my name is Dylan Shropshire. Thank you for allowing me to
testify on this issue. I'm a fifth generation farmer. I've been farming all my life. I grew up
across the street in Onamea on my Kai side of the highway on a farm on old Onameia
Road, where my family had a tropical foliage nursery. I'd been in the dirt over there for a
very long time. So I have a kind of vested interest. I now live in full, sorry, I now I live in
Honomu full time on my farm with my wife and my three daughters. I personally have
created the largest agricultural company on the Hamakua Coast in terms of employment,
which is called Big Island Grown. It's one of the two cannabis companies on the island. I
also run the largest ag tourism business on the Holocaust in terms of amount of people
that come there every day. And that's the cow cuddle business and cow cuddled therapy. I
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don't know if you guys have seen the signs on the side when you're driving down the road.
So I manage hundreds of acres of ag land in the area And, um... This issue is really
important to me because I am a farmer and I'm a very vested interest in what happens to
agricultural land on this island, specifically on the Hamakua Coast. I wanted just to say that
it was said before, but something that's really, really important to notate is that when Mr.
Tepper came to the property, he allowed the existing rancher to stay there. And that
rancher's name is Roger Uchima. It's a really, Really good rancher. In fact... He's won
several awards for conservation of land through the Hamakua Solar Water Conservation
District, which I have been volunteering over a decade of my time on. He's actually won
awards for his equip program. He has several hundred heads of cattle up there. The
operation has been untouched. It's still allowed to happen right now. The land is being
conserved and it's being awarded for its conservation efforts. I also wanted to say that, you
know, this event is happening and I've attended two of the events myself. This event's
happening on thousands of acres. It's very, very low impact. It's not affecting the ranching
operations, the agricultural operations that are happening there right now. You know, it
feels, I've been to barbecues, I've be to first birthday parties that are much larger in scale,
much larger in impact, much more traffic, much more things going on. And I think what this
is really a story and test of, which I've experienced all my life growing up here, is that if you
try to do the right thing, you try go by the law. You're going to basically deal with what
we're doing with right now. And it's unfortunate that that's just the way it has to go.
Because I think if he would have just tried to throw the party himself and not telling anyone
wouldn't be here, but we're here now. And he's trying to do the right thing. And I think that
the fact that all this land is being conserved, it's still in agricultural operations is amazing. I
think this small event, maybe 250 people, what someone said, it's full of peace. It's full
love, dance, music. It's about coming together, especially right now in the world that we
live in. We're a very divisive time. We need more events like this. We need love, we need
more connection. It's very, very important. I believe we need things like this very, very
much and just thank you again for your time and allowing me to testify.
Speaker 4 [01:11:57] The next two testifiers are Chloe Waters and Jeremiah Morgan.
Please raise your right hand. Do you swear or affirm to tell the truth today on this matter?
Thank you. You'll have three minutes. I'll let you know when you have 30 seconds left.
Please state your name, the town you reside in, and you may begin.
Speaker 11 [01:12:33] Aloha kakahiaka kākou o Chloe Waters ko uinoa, nohoa maa hilo
no ka ahupua'o o Waiakea. Mahalo nui for allowing me to speak my thoughts on this
pressing issue before you today. I am here today because I am in opposition to the
request for Tepe Mountain LLC's request in seeking a special use permit for the falls on
fire event. Time and time again, we see people and organizations that lack integrity and
consideration come into Hawaii to abuse what was never theirs to destroy in the first place.
An American colonizer perspective will allow you to believe that anything can be yours if
you have the money, despite coming into a place whose mere existence is more sacred
than any event, any idea. Any concept that anyone partaking in making this event happen
could even fathom. Despite operating without the required county permits in 2023 and
2024 and being penalized for it, Tepe Mountain LLC has the audacity to request this
special use permit to continue this event and want to appeal the over $20,000 fine that
was given. It is clear here with that. With the information that there is no real reason to
keep this company in good graces for anything that would require them to be truthful,
accurate, and accountable, especially for the sake of those who choose to attend this four-
day event. It sounds mostly like a liability, and we should have the foresight to know that
this planning should not continue, especially at the cost of Aina. Also, the tone deafness
regarding fires and our recent traumas in Hawaii. Is the prime example of being
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disconnected from what goes on here, regardless of the background that those involved
may have. Ultimately, all I have to say is that they should pay their fines and ha'alele. You
can grieve and heal elsewhere that isn't at the cost of those who you're trying to
compromise with, which are the indigenous people of this aina and our allies. We are not
ignorant. This is not your playground. This place was never meant for you to change. Let's
be real. Mahalo nui.
Speaker 22 [01:14:58] I'm Jeremiah Morgan, I live in North Kohala, and for anyone who
drove from North North Kohala this morning, you passed Lono. Lono is running today and I
ask all of you to get involved with that. I hope you never have to give a permit for that
because the amazing thing is back. Makahiki ho. We're here at this season and I see
nothing different with what we're doing. Um, Makahikii. This celebration is a celebration of
life. It's a celebration of a termination of the seasons, a change of seasons, a gathering of
people to bring all their best gifts, all their art, all their songs together. Thanks Adam for his
melee. It said exactly what I mean. We love that land. I personally do a lot of conservation
up there. I do a lotta invasive species management. I build trails to prevent erosion. I'm up
there quite a bit. I know a lot of the neighbors. I've patched the road several times,
probably five times this week. And there is just so much opposition to us trying to make the
road better for the community that lives there that someone digs out the road every time.
And it's really sad that we have that kind of opposition to people that are trying to help
build community. I don't know if you've ever had the feeling like you're in a restaurant and
there's kids playing and you're just like. Right, those kids playing, having fun. I feel like this
is what we're dealing with right now. I've had that feeling. I'm a grouch sometimes. I've
noticed when you recognize that you've lost your inner child and you go, what happened to
me? How did I get here? How did grow up so much that I can't play anymore? And that's
all we're trying to facilitate up there is a place that people can go for just a few days and
have a good time. My closest camp, my camp is mostly made up of arborists. There's
probably five separate companies that are represented there. The next camp over is, I
think two doctors have their own practices and then there's like three or four other doctors
in that camp next door. For our events that we do burn, which we chose not to burn this
year because of the fire up the hill and we didn't want to cause any more scare, that's the
largest impact on the land right now is that we left those and they have to be dealt with
somehow and I don't know how to do it now. We can't just leave them there because the
cows that use that land will be eating staples and rubbing up against it and dropping metal
in the land. So we have to deal with this somehow. But that's a later issue.
Speaker 4 [01:17:35] You have 30 seconds left.
Speaker 22 [01:17:38] I think we all need to look at this as an opportunity and there's been
so much time spent whining about this on Facebook and I feel like it's a lot of people's
information center and a lot people got their information from there but Andy put his phone
number there if you would have just called him he's on the Facebook page you could have
talked to the man and you chose not to you chose to get your information from terrible
source, I'm sorry. I'm in strong support, please.
Speaker 4 [01:18:12] The next two testifiers are David Smeijel and Henry or Harry Holm.
Please raise your right hand. Do you swear or affirm to tell the truth today on this matter?
Thank you. You'll have three minutes. I'll let you know when you have 30 seconds
remaining. Please state your name, the town you reside in, and you may begin.
Speaker 9 [01:18:56] My name is Harry Holm. I live in Popeye Co. I actually live on Indian
Tree Road and have so for over a decade. Right below the property in question. Couple of
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things. First, when I first heard that the ranch was sold, I was really concerned because I
had visions of mass development and later found that that was totally not true. And
actually I'm quite appreciative of Mr. Tepper too. Save the land, so to speak, from
development. The other thing that I wanted to mention is that, first of all, comparing the
event to Burning Man is totally ridiculous. I mean, it's like comparing apples to bananas. I
mean it doesn't make any sense. The gathering is a good thing. You get community
coming in in a positive way. Nowadays, with the divisions in not only our country, but in the
world, I mean, we actually need more of these to bring people together in a peaceful and
harmony. And I would ask the support to approve this. Thank you. My name is David
Smigel. I have lived for the last almost three decades, just Makai. By the way, aloha kakou
to everyone. I want to say that I also am very concerned about the use of land, about
Malama Aina, and I know that Andrew Tepper, through my meetings with him, is someone
who aligns his intentions with that. I don't think that we should have a knee-jerk reaction to
someone with money coming in and buying land, who's not from here. We should
investigate their intentions. And I found everything that he's told me and that he has done
and that he's shown to be in line with that. I don't see why we should just stop something
without looking at it. I've been there. I actually helped a little bit to get it going. I've
attended it. I was there one day this year and two days last year. I saw no reason to be
concerned about fire, waste, disposal of latrine material. Everything was done according to
the Pono way. I encourage it. I wanna see more of it to bring people together at a time like
this is an important, important thing. Burning Man is basically a red flag, I think. I don't
think it should be called Burning Man because it's not Burning Man. It's a local event. 200
people is not 15,000 people. One other thing I do wanna say about the fire, this is not
North Kahala, this is now. Behind us. This is not even Monteroad. If you try to start a fire
there, good luck on most days. We could have a firefighter stationed there in the event that
they want to do a burning of an effigy. It can be done safely. And again, I think as some
others said, this is a traditional way to celebrate life. It's not just recreation, it's devotional.
Being there and being with the people that were there, everybody's intention is in the right
place. I didn't see anything, not even intimations of anybody being violent or exploitative,
there's no money exchanged. It's very Hawaiian in a lot of ways. That's what I love about
it. And I thank Andrew for making it happen. Again, I don't think we should just look at
somebody with money and saying.
Speaker 4 [01:23:14] You have 30 seconds.
Speaker 9 [01:23:16] He's not. For my feeling, as a neighbor, he's doing the right thing. If
somebody else had bought it and was developing it, you would see a lot different issues
going on. He's trying to fix the road. Some people are trying to destroy the road I think one
of the stipulations would be that he fix the road. He'd be happy to do it and let's protect that
road from others who try to sabotage it. I thank you all for being here. I respect the
Hawaiian point of view, but I do feel it's in line. Thank you.
Speaker 4 [01:23:56] Three more in-person testifiers, Ken Fletcher and Joshua
Grossman.
Speaker 3 [01:24:06] After we finish this round of in-person testimony, we'll take a 10-
minute break before we start on the Zoom.
Speaker 4 [01:24:20] Please raise your right hand. Do you swear or affirm to tell the truth
today on this matter?
Speaker 3 [01:24:26] Did you need to raise your right hand? No, that's your left.
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Speaker 4 [01:24:32] Do you swear or affirm to tell the truth on this matter? Thank you.
You'll have three minutes. I'll let you know when you have 30 seconds remaining. Please
state your name, the town you reside in, and you may begin.
Speaker 15 [01:24:50] Hi, good morning, my name is Ken Fletcher. I am an attendee of
the event for two years. My affiliation came as being part of the effigy build. I somewhat
agree that I think the name of the event is what scares so many people because of what
they see that takes place on the desert, dusty environment. Bazaar for most people is
something different. Our similarities are just in wanting to have an effigy that can be
burned as a celebratory. At the end of the event. The event itself is really a coming
together of artisans. Who appreciate life. They build a temporary village of artistic
expression in a very safe environment where people can come and would be with like-
minded people. Are loving, caring, considerate, and compassionate. I'm very concerned
with cultural. Of disrespect and I see none of it there. I saw no open fires, but the fires that
were there are all controlled of fire performers. The one fire that we would like to have at
the end of the event is very controlled. It's done very safely. I just fail to see that there's
any cultural insensitivity there, because these are really the people that are very, very
concerned and considerate of the culture and the people. And most of us are the Hallies
that the locals like, because we do care about the land. We do care what they think. But
come and see it for yourself. Come see what's there. It's a good thing. It's beautiful thing.
It's as we all should be caring, sharing, not trying to take money, not trying to profit or
benefit in any way, but just be with like-minded, loving, caring people. That's basically what
I have.
Speaker 23 [01:27:33] Hello, my name is Joshua Grossman. Thank you so much for the
opportunity to testify. I am not just speaking to the corporate, to everybody that is here
today. I'm grateful, first of all, to be able to stand in Hawaii. And I wanted to share how I
got here. So about seven or eight years ago is when the dream to be here came into my
mind. Burning Man is a similar story for me. It was a few years before I would end up at
Burning Man. Both of IE and Burning Man have had major impacts on my life. My life has
been particularly challenging in a lot of ways. Finding community has been very hard
through Burning Man and coming to this INA. I have found both. Now, I can see where this
event existing appears very disrespectful. And I also know Mr. Andrew Tepper personally,
and I've had very, very, very cordial and good experiences with him. He's enabled me to
realize some of my own visions in creating a camp at The Burn. And so I wanted to clear a
little bit up about what Burning Man is, what it is, it's a lot of things to a lot of people, but
what it's evolved into. In the desert is an 80,000 up to 80,00 person city where everybody
brings basically the most creative minds the most apt to be able to handle those
environments come and they build some of the most amazing massive structures, people
come share you know do yoga, have healing seminars and the culture really has a lot to
do with who comes. That being said, it seems to me that... There is opportunity for
community, for locals, and for Mr. Andrew Tepper and any of us involved in the event to
come together and discuss things. As we've said before, there was not a fire at this event
this year in respect for what was going on in Mauna Kea. I also wanna state that the
founder of Burning Man said that eventually we would get to a point where we don't need
to burn a man in order to gather. And so to see that kind of come to fruition this year was
very beautiful for me. I'm not a land or agricultural expert, I can't testify to how things affect
the land. All I know is that land has been walked on since we've been around, and I would
not be here. I came here to work on a coffee farm, but I've never been on vacation in
Hawaii. When I lived in Portland, Oregon, I have an adopted auntie named Moana who
told me that I should never. And I think that while I can feel the emotions behind that.
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Speaker 4 [01:30:09] Seconds left.
Speaker 23 [01:30:10] I'm grateful that I've been able to be here. I feel that the land is
beautiful. I want to respect it I want To respect the people that have been here long before
me and I also want us to be able to gather We would love to talk more
Speaker 4 [01:30:33] The last two in-person testifiers are Eric Ekendayo and Kaulana
Waipuilani. Is Kalana here? Your right hand. Do you swear or affirm to tell the truth now
before the I'm sorry on this matter today. Thank you. You'll have three minutes. I'll let you
know when you have 30 seconds remaining. Please state your name, the town you reside
in, and you may begin.
Speaker 15 [01:31:16] My name is Eric Edgudayo. I reside in Papago. I, as a former
attorney, attendant of Burning Man, was attracted to this gathering, which was close by.
Personally, I've, what everyone has spoken, I have seen great consideration of the land.
Um, uh... Fundamentals, a burning man of leave no trace. And the biggest thing I see is
fear of the past of what people have done to people. And that is totally normal, being
projected at an opportunity that could be beneficial to everyone in the community. If it's
done. Because the difference with the past than now is now we can integrate in speaker
minds as a community and be a part of it. It would be a sad story to, which I have in my
past, miss out on such opportunities that I needed out of fear. So with that said, I really feel
that the community is open to not making it, making, integrating it with. Um all all parts um
every the intentions and i would love to see it actually become a beacon for the benefit of
everyone and i with that said i think i'm
Speaker 24 [01:33:12] My name is Kaolana Waipuilani. I come from my mother, Kapiolani,
who comes from her mother, Miligani, who comes form her mother. Who comes from her
mother. Who comes from her mother. You get the drift so far. We all come from our
mothers. I come today because I am a mother. I am the mother of Kulea. I am mother of
Keolakupayanaha. I am my mother of Vaika. I am I mother of Brighid. And I'm a mother of
Shiloh. My kupuna comes from the place you guys call Indian Tree Place, Indian Tree
Road. I'm here to tell you that's not the name. I'm hear to tell to you, go find out what the
name is. And then maybe we can talk story. I'm telling you Mr. Tepper, you made some
choices. And we're here today because of those choices. And I'm open. So are my
mothers before me. And the mothers that will come from my mo'opuna, Kaleo'okalani, the
voice of the heavens. I'm not here out of anything but a hundred thousand percent aloha.
And all of these two hundred thousand people that I brought with me to here. They really
hurt. I can see all of us is a little bit of that. We're not here to fight. We're here because
there's a testimony that somebody went break the law. And somebody got to pay up to
that law. My question is. And what are you ready to do about it? That's what I came here
for. I do not support this, because the law was broken. And that has to be fixed, whatever
that is, whatever it looks like. But there is one important thing in all of this, and it's the
water that flows. And a waterfall on fire, no match. Just think about that for a second. Think
about the times we're in and what everybody doing. Bugger no match. And if you go all the
way back to the beginning, we all came from the same mom. So again.
Speaker 4 [01:35:55] You have 30 seconds left.
Speaker 24 [01:35:57] My answer to this is no. But who knows what the opportunity will
hold. That puck storage session should have came before this one. Mr. Tepper, that was
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my third grade teacher's name that brought me to this island. I don't know what's gonna
happen, but I hope there's a future, thank goodness.
Speaker 25 [01:36:24] Eke a kua e aloha mai o e i Kame aima ia e kalawale mai o o e
Speaker 26 [01:36:33] Ape ko uapia, me ko uaipu Ame ko uaita, meko wahe, ea meko
uukinonai a uoku kui, e mari uoku
Speaker 3 [01:37:18] Mahalo. Let's take a 10-minute break. Come back at 20 to 11,
please, so everybody can get up and move around.
Speaker 2 [01:38:22] For the time being. Thank you. I don't know why. Let's keep going
with that. So the agreement that I made, it said both. And these groups dropped out. What
we'll do is send it to you. They don't have to do it. We're in this together. But I can probably
talk. I can have all the time, but I have to hear about her. And I can't be on the very end
here. But I've got to wake them up. I've probably got to get help out of it. Right. Right.
That's gonna hurt. All right thank you So I just wanted you to hear that. And I don't, but I'm
also fed up with all of that, like, and I'm like, and I don't just, I've got to do something, and
not just do this, like, I'm just like, and I told people, yeah, I got it, and I have to do it, I'll
have to take care of it.
Speaker 7 [01:40:32] One of the mics was muted except for the hearing aid.
Speaker 3 [01:56:38] I'm calling the meeting back to order. And the next item of business
is to hear the testimony of those who are appearing on Zoom. So are we all set up for
Zoom?
Speaker 4 [01:56:55] Yes, thank you, Madam Hearing Officer. So we have about 13
testifiers on Zoom at this time. The first testifier will be Nakoa Wilbur to be followed by
Claudia Rohr. Nakoah, could you please turn on your video and unmute yourself? Nakoa,
are you able to hear me and turn on your video? Okay, we're going to move on to Claudia
Roar in order to give Nakoa time to turn on the video. Ms. Rohrer, are you able to turn on
your video? Thank you, I see you. Please raise your right hand. Do you swear or affirm to
tell the truth today on this matter?
Speaker 3 [01:57:56] Yes, I do.
Speaker 4 [01:57:58] You'll have three minutes. I'll let you know when you have 30
seconds remaining. Please state your name, the town you reside in, and you may begin.
Speaker 3 [01:58:06] My name is Claudia Agor. I reside in Hilo, Hawaii. Can you see?
Could you speak up a little bit? Yes. Can you hear me now? This is better. Okay. I'd first
like to say good morning, Madam Hearing Officer. I hope you have noticed or will notice
that Chapter 205 does not explicitly permit overnight camping in any part. Argument of the
planning department. Moana versus the LUC, it's some sort of basis for allowing overnight
camping on soil classifications less than B. Is not logical. The court, although Ho Moana
soil classification was B, the court ruling, it does not specifically say, oh, other soil
classifications can get a special permit for overnight camping. In fact, The court said,
quote, the overarching purpose of HRS chapter 205 is to protect and conserve natural
resources and foster intelligent, effective, and orderly land allocations and development.
The legislature declared that the people of Hawaii have a substantial interest in the health
and sustainability of agriculture as an industry in the state. There is a compelling state
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interest in conserving the state agricultural land resource base and assuring the long-term
availability of agricultural lands for agricultural use. HRS 205-41. 205 dash 41 was enacted
pursuant to Article 11, Section 3 of the Hawaii Constitution, which enshrines the protection
of agricultural lands. The planning department has failed to do its duty when it has failed to
protect the agricultural lands. By putting forth its recommendation. You find in the place to
look for soil classifications less than A and B is to section 205A, sorry. Is, sorry, hold on,
205-2. If you read down number 11.
Speaker 4 [02:01:29] Your three minutes are finished.
Speaker 3 [02:01:30] It clarifies that agricultural tourism activities would include overnight
accommodations. It does not say camping, overnight camping. There is simply no legal
represent, or there is no law that allows overnight camping on ag land. That's why we have
overnight camping in our state. And some of our county parks even. So I would just, I
would hope that the plan. Thank you. Thank you very much. You've gone over your three
minutes. If you have anything further to add, I have written down the section that you cited.
Please submit it in as written testimony by the end of the day on Monday. Thank you, very
much, thank you. Next.
Speaker 4 [02:02:40] Nakoa Wildert. Aloha. Okay, perfect. Raise your right hand. Do you
swear or affirm to tell the truth today on this matter? Thank you. You'll have three minutes.
I'll let you know when you have 30 seconds remaining. Please state your name, the town
you reside in, and you may begin.
Speaker 24 [02:03:02] ʻOloho ʹo wākui no nā kua ʷowera ʁame wae ʔa nai ʿuafu, and I am
in strong opposition to the special use permit application for the falls on fire. The proposed
event raises concerns regarding the appropriate use of agricultural land, implementing
large-scale entertainment events that are not agriculturally related, undermines this intent,
and sets a model for future land use by owners who may not understand the cultural and
environmental significance of the aina in Hawaiʻi. Marketing the event as being in
alignment with Hawaiian culture when many of the community disagreed trivializes cultural
practices, and this action could blur the intent and legal force of the Hawaii revised
statutes, chapter 6E, the state statute that protects and preserves historic cultural sites
and practices. Chapter 6E mandates the consideration and protection of cultural
resources. And misrepresenting a commercial event as cultural to bypass land use
restrictions or gain favor could weaken these protections. The state Hawaii constitution
article 12 section seven specifically requires the state to reaffirm and protect all rights
customarily and traditionally exercised for the subsidence, culture and religious purposes
by native Hawaiian descendants. This includes a responsibility for county and state
agencies to consider and protect these rights in their decision-making process. This event,
which involves a potentially disruptive and non-traditional activity seems contrary to this
mandate. Some may describe the event as respectful. However, the applicant's history of
holding such events despite fines demonstrates a disregard for the county's regulations
and the community standards. This pattern of behaviors suggest that they are unlikely to
adhere to the permit's conditions. Such events in residential or agricultural areas become a
significant concern for public safety community well-being. Past experiences with large
unregulated festivals in similar settings have raised serious concerns regarding potential
negative impacts including reports of unreglated substance use, public intoxication, and
instances of sexual harassment or assault. Very concerning for the preservation and
unique character of the history and history of Papay Colg. The commission is urged to
deny the special use permit and uphold the integrity of the agricultural lands and the laws
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that protect cultural heritage. And that's basically my testimony. Mahalo for the opportunity
to testify.
Speaker 4 [02:05:39] Thank you. The next testifier is Ryan Marshall, to be followed by
Michael Peel. Ryan, could you please turn on your video and unmute yourself? Aloha.
Speaker 7 [02:05:57] Aloha
Speaker 4 [02:05:58] Please raise your right hand. Do you swear or affirm to tell the truth
on this matter? I do. Thank you. You'll have three minutes. I'll let you know when you have
30 seconds remaining. Please state your name, the town you reside in and you may begin.
Speaker 7 [02:06:15] Aloha, my name is Ryan Marshall. I reside in Papahiko, Hawaii. I
wasn't as much prepared to testify as far as to hear what everyone had to say as far for
this testimony taking place was just brought to my attention about a day or two ago. And
while I don't believe I have. A say in opposition or for the events. I can say it's been
disruptive as far as from a standpoint of being able to just have restful sleep or just peace.
I would say in opposition to the event just for the fact that the event has not been
authorized, though I do hear out on other people's position for saying that the event is very
healing and I do understand that aspect and I respect that aspect. I do think that there
should be more events in that state, but as far as for maybe putting a curfew on it, I
concern not only for my wife, but also for many others who have jobs throughout the week
who have to make long drives on the other side of the island. And are unable to sleep due
to the loud music. So the fact that people could not hear it who live right on the road, and
I'm a few roads down, Malka, and it was going up into the night and to the next morning.
And I can't say that I slept at all. Maybe I just sleep a little bit lighter than others, but. So I'd
say on that behalf, I would say I'm in opposition, though I would like to see things
regulated if there was to ever be an event like this, maybe to put a curfew on it. As far as
for on behalf of the use of the land being agricultural, I hear that too. I tend to my land as
well. I do the best I can while working several jobs, and I want to heal the and I want it in
better cases than most, but... Um, I also hear that, you know, many people who practice
agriculture and have that time don't necessarily heal the land. They use conventional
practice, which poison the land more so than any foot traffic, I would say, um, could do
harm. But I, I, as you can hear, I'm not very prepared for this, but I, um. I appreciate
everyone hearing me out and respect both sides and, um thank you for time. Mahalo.
Speaker 4 [02:09:02] Thank you. The next testifier is Michael Peele. Michael, could you
please turn on your video and unmute yourself? Okay, we'll move on to the next testifier
and come back to Michael. The next test of fire will be Charles Blahherty. Mr. Flaherty, if
you could turn on your video and unmute yourself, I can swear you in. Okay, I will move on
to the next testifier. That would be Chanel Loa. Chanel, please turn on your video and
unmute yourself. Aloha. Alohashanel. Alohakor. Please raise your right hand. Do you
swear or affirm to tell the truth today on this matter?
Speaker 20 [02:10:12] I sure do. Yes.
Speaker 4 [02:10:14] You'll have three minutes. I'll let you know when you have 30
seconds left. Please state your name, the town you reside in, and you may begin.
Speaker 20 [02:10:23] Aloha kakou. My name is Chanel Loa. I am from Waimanalo,
O'ahu. Um, nevertheless, kohapa'i pai'aitna. I'm here to strongly oppose whatever it is we
have going on here in these rooms. I was not prepared for a speech. This is my first
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testimony, kind of going base of off what I feel. So we teach our children that no means no.
We teach our children consent is critical. Why is it not the same for resources and aina?
Why do we have to beg for people who don't know their kuleana and kulana to call Hawaii
pae aina, her places, her people? When will it stop? When will enough be enough? When
will the last rock be enough for you? When will a last drop of vai be enough for you, this all
goes back to consent and what is po- Kohawa'i Pai'aina is not your playground. Kohawaʻi
Pā'aina not Disneyland. It is not for exploitation, for your gain. This event is marketed in
Hawaiian culture, but this cannot be further from the truth. This law states to protect to all
rights that is including those whose culture you are profiting off of. So mahalo for listening.
Burning Man in the continental U.S. Has had many, many concerns considering in 2025,
there was a homicide investigation. 2023, many people were stranded and other
emergencies came up. How would this affect our first responders taking away from Native
Hawaiians and residents of Hawaii. People are saying this event is healing. The only
healing that needs to be done on that many amounts of acres of land is aina. Aina needs
to heal. Her people need to heal, her places need to heal. Not these people who come in
who do not know Hawaiian values but market it on a website for donations for people to
give back to you, for what? What are you giving back to Kohawa'i Pai'aina to be taking so
much from her? What type of values do you know? To be taking this much resources away
from the places and her people. Because I know you guys drive outside and you see all
these houseless people struggling while you sitting on that many acres of land. Have
valoa. We teach our children no means no. We teach ourselves critical. Ask yourself, did
they learn? Mahalo for listening as is your kuleana. Mahalo.
Speaker 4 [02:13:18] The next testifier, I'll go back to Michael Peele. Michael, are you
available to turn on your video and unmute yourself? Okay, I'm going to move on to
Charles Flaherty. Charles, are you available to turn on your video? I see you. Good
morning. Yes, ma'am.
Speaker 27 [02:13:43] I don't have caca. Yeah
Speaker 4 [02:13:46] Do you affirm to tell the truth today on this matter?
Speaker 27 [02:13:51] Yes ma'am.
Speaker 4 [02:13:52] Thank you. You'll have three minutes. I'll let you know when you
have 30 seconds remaining. Please state your name, the town you reside in, and you may
begin.
Speaker 27 [02:14:01] My name is Chuck Flaherty. I've resided at Captain Cook. I'm
speaking on behalf of the Sierra Club of Hawaii, the Hawaii Island Group. And good
morning, aloha kakai aka Madam Hearings Officer. The Sierra Club Hawaiian Group's
been following this issue for over a year now, and is very concerned about the pattern and
practice of ignoring the law. It's very unfortunate that we seem to observe people moving
in from the mainland with a lot of resources and a lack of understanding of the native
culture and the sensitivity of it in history with regard to colonial occupation and just
charging forth without regard to those sensitivities, as well as the law. As was previously
pointed out in testimony, Article 12 of the state constitution preserves Hawaiian rights,
including traditional and customary practices. But there's also the public trust doctrine, and
there's the precautionary principle. And the precauciary principle says that in the absence
of any other evidence, if there is a risk of harm, you should err on the side of caution. It's
very disturbing that the applicant has been ignoring the notices of violation that the
Planning Department has submitted. We have spoken with the Land Use Commission,
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and the Land Used Commission said that in order for this permit to be valid, it would have
to be a 14.9-acre parcel that was surveyed and with the survey description met it out and
that the activities of the project would have to be restrained to those 14.9 acres. But we
know that's not possible because the property is being opened. It is a beautiful property
with falls and forests. And the use of the property will be extending far beyond that with
unknown consequences. We all know that Burning Man likes to say that they have a light
footprint. But in 2023, when there were massive rains, it was more like a mud-rustling
contest. The videos of the place. Just absolutely destroyed the area of the desert in which
it was located. We have heavy rains here and we don't want to experience similar
destruction, especially when you have very thin soils so that when rains occur, you could
have runoffs going downhill and destroying people's homes and property. So we urge that
this permit be denied. We will do all we can to assist the county in enforcing the law as
well as the- You have 30 seconds left. Thank you very much. That's sufficient. We
submitted written testimony as well. Thank you for this opportunity.
Speaker 4 [02:17:21] Um, the next testifier is Tara Rojas. Tara, can you please turn on
your video and unmute yourself? Thank you. Good morning.
Speaker 28 [02:17:35] So I affirm that I telling the truth and saying, I'm affirming, so I'm
firming my testimony. Okay, thank you. So Tara Rojas, and I'm gonna cite legal, safety,
cultural, and moral reasons why I oppose this special use permit or a TEPI LLC. But I
would like to say first, on top of this, the moral. As I hear testifiers in support and I hear
phrases such as, oh, I love and respect the Hawaiian culture. I love and respect the
Hawaiian culture, however, you either respect it completely or not. I did hear the people
saying in support that the type of landowner or neighbor, that they are a great person.
However, when you look at the whole scheme of things, I was going to say all this, but you
know, I'm gonna kind of change a little bit. That when you even start off the meeting
saying. This is to happen, I will not allow testimony. So in other words, like tone policing
disguised as aloha as well is not acceptable. So we want to listen to really what is alohas.
Aloha is the relationship and the connection with the aina, the land, the culture. And there
is no buts about it. There is no tone policing. There is not denying the right for the public
and the community to speak up. With whatever they're feeling, however they're feelin'. So
again, to police, tone, silence, emotion, restrict community, truth telling, that is a colonial
mechanism. So going back to all of this and everything that we are saying, what's the last
thing you as the commissioner, as a planning commission, what's gonna echo in your mind
as you decide to give your decision? You have to have a decolonized mindset. You have
have to a indigenized mindset to make this decision because we are in Hawaii. And Aloha
is part of Hawaii. Everything that we're even doing right now is not Hawaii. It's a
superimposed, usurped, illegally occupying system that is ruling everything. So if I can
sum it up. In this fake state system, however, even they say the law, in my 30 seconds, is
that on agriculture land that has been bought out, which should be in Hawaiian lands,
Hawaiian hands, because it's unceded Hawaiian lands. This campaign is not permitted.
The applicant already violated the law and there are safety risks involved and are on the
side of caution. And with all of that being said, the Kanaka who spoke up, and those who
really live and represent Aloha, let what they said resonate in your mind as you make your
decision. Mahalo.
Speaker 4 [02:21:04] Thank you. Ms. Ross, I didn't hear where you reside, what town you
reside in. Can you state that further record, please?
Speaker 28 [02:21:16] So I'm here from in Hawaiʻi, Kōhawai Paiʻāina.
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Speaker 4 [02:21:21] Thank you. OK, the next testifier is Christina Holt. Christina, could
you please turn on your video and unmute yourself? Thank you, I see you. Please raise
your right hand. Do you swear or affirm to tell the truth on this matter? I do. Thank you.
You'll have three minutes. I'll let you know when you have 30 seconds left. Please state
your name, the town you reside in, and you may begin.
Speaker 10 [02:21:51] My name is Christina Holt. I stay in YKUKA, and I am testifying in
strong opposition to this special permit. I'm a small business owner and event producer
and a professional clown. My livelihood is built on creativity, gathering people,
performance, enjoy and play, and doing all of those things responsibly, legally, and with
respect for the community and the Aina. So my opposition is not to art or celebration. It is
to irresponsible land use, poor stewardship, and a festival model that does not belong on
agricultural land. I used to live on the very same parcel where many of this project's
supporters reside today. I left because it became clear to me that the group living there
was out of alignment with Hawaiian values, and because there are so few local people
meaningfully involved in or uplifted by that group. Indian Tree Road is a quiet farming
community with rural roads, rich agricultural soil, and families who rely on its peace and
safety. This land is meant to grow food for our people, not to host large numbers of visitors
whose purpose is to party on private agricultural land. We cannot ignore that the applicant
has already held this event twice without permits. That alone shows a willingness to
bypass rules everyone else must follow. When someone's first instinct is to ignore the law
and ask permission after the fact, that tells you how they will behave if allowed to expand.
Someone testified earlier that it is ridiculous to compare this event to Burning Man, but that
comparison comes directly from the applicant's own website, describing falls on fire as an
event in the spirit of Burning Man built on the 10 principles of Burning man. These are their
words. And to be clear, Burning Man today leaves behind massive waste, environmental
damage, and a heavy carbon footprint every year, even with decades of planning and
millions in infrastructure. Its principle of radical self-reliance does not align with Hawaiian
values. In Hawaii, self-reliance is tied to community, to interdependence, and to kuleana.
Burning Man's execution in practice often means bring whatever you want and leave
whatever you wanted and let the land absorb the consequences. That mindset damaged
the desert and has no place on our agricultural land. I also need to address the comment
that those opposing this project have lost our inner child or do not like play, absolutely not.
As a professional clown, I find that offensive because joy, imagination and play are my
life's work. Our objections are not because we dislike fun, they're because we have
responsibility to this place and to the people who have stewarded the land for generations.
We also heard a claim earlier that Andrew Tepper wants to bring and teach culture to the
People here and that is profoundly disturbing. Hawaii is not lacking in culture. The culture
is deep, alive, and rooted in thousands of years of connection to this land. It is not
something an off-island fledgling festival producer needs to bring to us, and certainly not
something that he is qualified to teach.
Speaker 4 [02:24:28] You have 30 seconds left.
Speaker 10 [02:24:30] Many supporters of this event live together on that single parcel.
Their voices matter, but they do not represent the broader community who will bear the
impacts, the traffic, the fire risk, the noise, and the loss of agricultural integrity. This
proposal is incompatible with agricultural zoning, incompatable with the surrounding
community, and incompatble with the responsibilities required by a special permit. If that
weren't enough, we are also in the midst of a quiet land grab on this island. And approving
this permit would accelerate the trend of transforming agricultural lands into private
retreats and entertainment venues.
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Speaker 4 [02:25:00] Three minutes are finished.
Speaker 10 [02:25:03] Thank you. Our agricultural land is precious. Please protect it.
Speaker 4 [02:25:09] Thank you. The next testifier is Aole Hall. Aole, if you could please
turn on your video and unmute yourself. Okay, I do not see you on Zoom. I'm gonna move
on to the next testifier. Jasmine Powell. Jasmine, please turn on your video and unmute
yourself. Hello. Hi. Please raise your right hand. Do you swear or affirm to tell the truth on
this matter today? Yes. Thank you. You'll have three minutes. I'll let you know when you
have 30 seconds left. Please state your name, the town you reside in, and you may begin.
Speaker 11 [02:25:54] Okay, my name is Jasmine, I live in Popeye Co. I too am not
prepared with a big elaborate speech for or the. Yeah, I'm just coming on here to very
strongly and adamantly voice my opposition for this event and for the special use permit. I
think that there's a case to be made about the history of these events being put on without
permits and laws being violated and the history of Burning Man itself and all the problems
with that on the mainland. But I think even more importantly, my bigger concern is the
exploitation of Hawaii, of the land and of Hawaiians. Even the fact that a Haole is able to
come here and amass the amount of land, and especially ag land, I think is insane. I don't
understand how that even should be possible. And I think furthermore, to be using that
land for anything but revitalizing it by a Hawaiian for Hawaiians is beyond me. We are
experiencing a food crisis here in Hawaii and on Hawaii Island, and I'm not just talking
about the government shutdown and the snap, I'm talking about the fact that we're
importing. Over 80 or 90 percent of food and this is land that could be used by Hawaiians
for Hawaiians to reestablish food sovereignty and Hawaiian sovereignty here. I see this as
a theft of kuleana by a haole from Hawaiians, for him to even be able to acquire this
amount of land, let alone ag land. Again, as I said, it's also an exploitation of Hawaiians of
the land. And those two things go hand in hand. I missed the beginning of this meeting, but
I've seen some comments and heard some comments of people talking about the healing
that this event has done for them. I just want to state very clearly, those of you who do feel
that you have been able to attend this event and that has been healing for you, your
healing comes at the cost of that exploitation. So I hope that undermines the healing that
you do feel. And if you are someone that really believes in the principles of Burning Man, I
would encourage you to actually embody those principles and take from today and have
some moments of self-reflection and reevaluate what you're doing here in Hawaii. Thank
you for your time.
Speaker 4 [02:29:01] Thank you for your testimony. The next testifier is. Let's see, Kahano
Akiyona. Kahanu, if you could please turn on your video.
Speaker 3 [02:29:29] Jasmine, you're still appearing. I can hear you.
Speaker 4 [02:29:34] Okay. I do not see Kahanu. The next testifier I have on the list is
Wahini Koa. Good morning. Could you raise your right hand? Do you swear or affirm to tell
the truth today on this matter? I do. Thank you. You'll have three minutes. I'll let you know
when you have 30 seconds left. Please state your name, the town you reside in, and you
may begin.
Speaker 11 [02:30:08] I want to start off by reminding everyone that feels so comfortable
citing their five years here as a transplant settler as an excuse to steamroll over our voice
that within our system and theirs, the rightful kuleana of this aina has belonged to kanaka
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maoli for generations. To hear all the new ceremonies you all feel so comfortable gorging
yourselves on, desperate to find community, it's crazy to me to have you tell us what is
offensive to us, what is disrespectful to us. Do you not hear the savior? This will be better,
trust us. Tone of your voice. We are not interested in looking up the 10 principles of
Burning Man because we have the ʻōlelo noʻeʻau of our kupuna that we have always lived
by. I want to echo the mana'o of other Kanaka before me that have spoken to the quality of
life for Community Aina and the ripple effect for Kohawa'i Pai Aina that will be heavily
affected by the granting of this permit. This includes, but is not limited to, traffic and
emergency access for the regular community in addition to noise, sound and
environmental pollution in a place that this man is desperate to gentrify. Many more
questions need to be answered on water use and wastewater management before an
event with 500 people is allowed to occur. In addition to this, I won't waste my limited time,
but I would be remiss to not mention the cultural appropriation happening here. Someone
mentioned earlier that other Hawaiians come and offer ceremony and classes, and I
wanna remind everybody that just because one well-meaning Hawaiian shows you aloha
doesn't mean that you get a free pass to do whatever you think is pono in our communities
that have been stewarded by Kanaka for centuries, long before your country was even
thought of here. Absolutely tone deaf. To have you how they explain to us the benefits of
community and living off of the land, like that's not our everyday reality. If you did a shred
of research before you moved here, you would understand the long-standing tension
between Kanaka and transplant settlers and try to get in front of that. Instead of telling
Hawaiians, he's a great guy, he's open to conversations. So have those conversations.
The responsibility is not on Kanaka to come to mitigate this man's effects of the things that
he's doing. What kind of Native Hawaiian community outreach has happened? How has
this man given back to the Hawaiian land he is desecrating with his presence? Saying
Hawaiian culture shares many similarities with Burning Man culture is not an excuse to
exploit and extract Hawaiian land, culture, and history here in Kauhavai'ipai'aina. If this is
like Burning Man, then what is that to say about all the trash and drugs and sexual
assaults that happen in spaces like this? Granting this permit could also open the door for
other LLCs and outside investors to pursue similar event-based business models on
AgZone land statewide. Once these activities begin, enforcement is often inconsistent or
reactive, as mentioned in examples in previous testimony and placing the burden on
community members to monitor and report violations. After the Lionheart wildfires and with
the drought levels at an all-time high this year. Burning something this large is not only
ridiculous, it's disrespectful. This guy has already shown to the community he cannot be
responsible and accountable for his actions and the fake state granting this permit would
be absolutely ignorant and negligent. He's doing things donation only so he doesn't have
to pay any taxes, making money off of Hawaiian land and Hawaiian culture. And it would
be in the county's great benefit to not just deny this permit, but take a way better look at
the ways the system is structured that allows for this continued abuse. And if you never
understand by now, I strongly oppose the granting of this permit and anything like it in the
future.
Speaker 3 [02:33:40] Love it.
Speaker 4 [02:33:44] The next testifier is, I will go back to Ole Hall. Ole Hall. Okay, I see it
looks like Kahunu, is that you?
Speaker 1 [02:34:08] At the start. Thank you.
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Speaker 4 [02:34:11] Are you still? Yep, there you go. Oh, I lost you again. I see you on
the video. Can you please raise your right hand? Do you swear or affirm to tell the truth
today on this matter? I can't hear you.
Speaker 3 [02:34:27] Yes, can you speak up? Please. Oh, sorry, one second. Yeah.
Okay, can you hear me better now?
Speaker 4 [02:34:38] Am I, can you hear me? Yes, we can hear you now. Can you, did
you swear or affirm to tell the truth? Oh, sorry, yes, raising my right hand. Okay, thank you.
Please state your name and the town you reside in.
Speaker 3 [02:34:55] Aloha mai kākou o kahanulawa e umakana akeona kou i noa. I
reside in the Ili of Waikoloa within Kamuela, Makopai aina Hawai'i. Mahalo to everyone
who gave testimony earlier in opposition of the special use permit for the Falls on Fire
event put on by Mr. Andrew Tepper. I did not actually prepare a statement. I just took
notes from some of the prior testimony and have decided to just give my mana'o. As for
Mr. Tepper, I find him to be an opportunist and exploitative man who is a sycophant and
does not, in any genuine or good faith way, intend to give back to this Aina or the Lala
Queen. I'm very concerned with his past behavior in ignoring some of the unpermitted
events that he has put on. Mahalo to Claudia Arora for citing some of the revised statutes
relating this issue. And differentiating between the soil types A and B gives more context
for some of us Klanukla to do further research so that we can understand the way the
county and the state planning commission. Designates these permits to certain land
owners. Mahalo to Nakua Wilbur for pointing out that Mr. Tepper absolutely bypasses the
permit protections and does not feel that he is required to abide by the letter of the law,
which is highly concerning to us, given that so many of his supporters have. Expressed
what a wholesome person he is, what a nice person he is. His character is diminished by
his behavior and his actions. And I find it absolutely egregious for anybody to own 15,000
acres of land and not intend to use every inch of it to grow food while we are in the middle
of a food crisis with so many families having food insecurities. This to me is just so tone
deaf on Mr. Tepper's part as well as his supporters. Mahalo to Charles Flaherty from
Ka'awalua, but especially to Tara Rojas who expressed the need to highlight some of the I
love and respect the culture but testifiers. She is correct. You either love the aina and the
culture completely or you don't at all. And if you don t know how to do that. If you do not
know how to do that, I highly suggest You get involved, immerse yourself in some of these
communities. If you want so badly to find community and healing without giving back to
Aina, you will not find the healing that you're seeking. It doesn't work that way. You do not
get to exploit, exploit, exploit without reciprocating that aloha and then define to us what
aloh is.
Speaker 4 [02:37:38] We have 30 seconds left.
Speaker 3 [02:37:41] To conclude, I want to also echo some of the testimony given by Tita
Emma Kua and Mahalo her for always standing cool, for always staying cool for Lāhui and
putting it right where it needs to be, telling you exactly how it needs to be told. That this is
our home and if you hope to become a part of this Lāhu'i, please Show that in your actions
and not just in your words.
Speaker 4 [02:38:09] Your three minutes are finished. Okay, I'm going to try Kamalani
Kapeliela. Hi, Kamalani. Aloha, can you hear me? Yes, I can hear you. Please raise your
right hand. Do you swear or affirm to tell the truth on this matter today? I do. Thank you,
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you'll have three minutes. I'll let you know when you have 30 seconds left. Please state
your name and the town you reside in and you may begin.
Speaker 11 [02:38:41] My name is Kamalani Kapeliela. I reside in Kilo, Hawaii, also with
ties to North Kohala and South Kona. The positions of support are pathetic. You are not
pioneers of community or gathering, you are not the spearheads of a new age of land
stewardship, you're a guest, if not intruders, and you are on stolen land. There's no true
lawful way forward no matter if the Sessions or the paperwork makes you feel so. There's
not treaty of annexation between the Kingdom of Hawaii to the United States America and
you do well, all of you, to remember that. How they are known to cherry pick morals,
values, and cultural alignments to further their agendas. You're not advocating for this
event to serve the interests of the community. You're trying to scapegoat your way through
peace and love to distract from the entitled and lawless operations of the applicant. You're
telling us that money is God. Don't pretend otherwise. Those in support are a part of the
problem of gentrification and of the exploitation of the integrity of our very finite resources.
Mind you, finite. We're on an island, yeah. And so you're not only speaking to the
exploitation of that, but also absolutely ignoring their sentient right to be left alone. Things
deserve to be alone sometimes. This is one of those times. Your healing, whatever that
means, will not come at the cost of our peace and we're willing to continue to stand for
that. And so I strongly oppose permitting Tepe Mountain LLC to continue with their circus.
Mahalo.
Speaker 4 [02:40:33] Okay, the next testifier is Zach Kytan. Zach, could you please turn
on your video and unmute yourself?
Speaker 1 [02:40:47] I don't know how to do it. I am me that you need. I'm not going to.
Speaker 4 [02:40:57] Are you able to turn on your video?
Speaker 1 [02:40:59] Trying right now. There we go. Are you able to see me? Sorry, we
got strapped here for a second. I'm actually here with Zach Hyden. This is Michael Pio. We
run off the grid productions. We both lived here about 20 years. We've been doing- Is that-
Speaker 4 [02:41:19] Excuse me for a minute. Can you please raise your right hand? Are
you able to raise your hand or are you driving? Your video has frozen.
Speaker 1 [02:41:39] Uh, sorry.
Speaker 4 [02:41:42] Can you pull over and try to reconnect?
Speaker 1 [02:41:48] Get out of this. Yeah, I am pulled over. I will try to reconnect. Is there
anything coming through?
Speaker 4 [02:41:57] Yes, I see you now. Do you swear or affirm to tell the truth before
the hearings officer on this matter? Thank you. You'll have three minutes. I'll let you know
when you have 30 seconds left. Please state your name, the town you reside in, and you
may begin.
Speaker 1 [02:42:15] Hi, my name is Michael Peele. I'm with Off The Grid Productions. I
reside in Kailua, Kona for the past 20 years. I run a local production company called Off
The Grip Productions, we do local events, bands, and DJs at various venues here. And
we've done a number of events, outdoor events around Hawaii. And this is my first year
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attending Fall of a Flare. And I thought it was one of the more responsibly managed events
that I've seen. There was security at the front gate. Uh... That was check everything and
there were our marshals where he should there are no fires being burned uh... There were
uh... And there was a medicine and everyone was being incredibly Hehehehe
Speaker 4 [02:43:07] Michael, we lost you. Please try to log back in. I'm going to move on
to one more testifier, and then we'll try to come back to Zach and Michael. Aolei Hall, are
you available to turn on your video? No, it looks like we have Zach now. Zach, can you
hear me? I cannot hear you. Can you unmute yourself?
Speaker 1 [02:43:39] I am unmuted.
Speaker 4 [02:43:43] I see you and Michael.
Speaker 1 [02:43:44] Hi, we're going to try to get to a better connection here, sorry, we got
taken away to an order or to a meeting. Okay. Are we all clear? Yes. Great. All right. Sorry
about all the technical difficulties here. I'm not sure where we got cut off. I was saying that
I've lived in Kona for 20 years and we've run an event production company here. And a
false fire was more responsive that I'd been to on the Big Island. There was security, fire
marshals, a medical tent. And a general complete respect amongst the people. The event
began with a pule, with everyone both singing and chanting along, melee and a pulae.
Hawaiian words projected on a screen, along with the translation so people could really
get an idea of the message. And the respect for the land, it was extreme. There was
nothing left behind. There were no open fires on the ground. Everything was propane
stoves for cooking. And the the general atmosphere was a very loving and kind
atmosphere, I would have to say. And comparing it to anything like Burning Man, which
I've never attended, but I've seen the media as well, it's a festival of 70,000 people. And
this was 500 people at a private piece of land enjoying nature, swimming in rivers and
waterfalls, and not doing any sort of substantial modification of the land. Would ever take it
away from its agricultural usage in any sort of long-term function, or even honestly short-
term, cows could be grazing on the same land that we used the next day. So I don't really
see how it impacts the land negatively there. You have 30 seconds left. Thank you. I would
say that Hawaii also has a history of these types of events. The Waikī'i Festival, the land
festival. These are, you know, events that have happened that you know, didn't negatively
affect the land, and we're well accepted by the community. And I see no reason why falls
on fire couldn't also have that kind of place in the community, thank you very much for your
time.
Speaker 4 [02:45:58] Um, okay. Did Zach Kighton also want to testify on your link?
Speaker 1 [02:46:04] Oh, I think we're all set. That's it. We're both part of off the grid
productions. I'm Michael Peele and this is Zach Kytan. So next time he's still.
Speaker 4 [02:46:10] Thank you very much.
Speaker 1 [02:46:11] Thank you so much.
Speaker 4 [02:46:20] Okay, Madam Hearing Officer, I believe that's our last Zoom testifier.
I'm sorry, there is one more person that had signed up on Zoom that ended up showing up
in person. Her name is Hannah Hartman. Hannah, can you go up to the front table?
Please raise your right hand. Do you swear or affirm to tell the truth on this matter today?
110 percent. Thank you. You'll have three minutes. I'll let you know when you have 30
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seconds left. Please state your name, town you reside in, and you may begin. Mahalo,
aloha mai kākou, o hēna kou i noa, noa Los Angeles, traditional Tongva territory, Māiao,
noho au maa hilo, he settler alohā aina au. So I'm from L.A. Originally, haole, settler, aloha
aina. I now live in Hilo, but I used to live in Papahiko. I am in huge opposition to this
project, to this festival, for several reasons. Let me give you a little bit more background on
who I am. I'm a bioremediation ecologist. I work with breaking down environmental
pollution with microbes, mushrooms, plants, other living beings. My master's is in tropical
conservation biology. I was a wildland firefighter for the U.S. Fish and Wildlife Service, and
I did prescribed burns before that. And I also teach sustainable agriculture at the Kulani
Correctional Facility. So for those who went up earlier and said they do not have expertise
in these realms, you're looking at someone who does. I have several environmental
concerns. Let's see, where do we start? We could start with fire, even though I don't think
that's going to be entirely part of your operation, but if it does, there are several
compounds that come that are a byproduct of combustion in general, right? Do you know
about the legacy pollutions in these soils? Do you how arsenic is mobilized and moved by
that being, right, by that fire or by water? There are compaction concerns with the soils,
right. There are sedimentation concerns with the soils. If you want to talk to somebody, it's
not going to me, I'm not going to give you the time of day unfortunately, but there are
people who do know better and will lay out. All of the environmental concerns of doing
something like this. So that's my first point. And my second one is, especially for my other
white brothers in the back right here, as I see you guys sitting there and snickering at all of
the wahine, all of the kanaka, the Hawaiians that are going up there and telling you no.
You wanna know why? Do you know what consent is? What is that word? When we don't
listen to what the land asks, when we don't listen to what our women ask for, and when
you don't listen to what Hawaiians ask for. What is the word? Mahalo, rape, okay? And if
we want to be part of the generations, of the people that are saying no more. There are
ways that we can uplift and appropriately engage with native Hawaiian culture that are not
this. So environmental concerns and also a deep concern of the lack of respect for our
Kanaka Maoli and our Kanako O'iwi relatives here. That's all I'm gonna say today. Mahalo.
Speaker 3 [02:49:25] Do we have any other testifiers?
Speaker 4 [02:49:28] No, there are no more testifiers.
Speaker 3 [02:49:30] Okay. Well, mahalo to everybody who came today and spent some
of their valuable time sharing their mana'o and ideas and thoughts with all of us. And
mahalu to those who appeared on Zoom. As I said earlier, if there's anyone who wants to
submit additional testimony in addition to the three minutes that they Today, they can
submit additional written testimony. And I will read everything that is submitted. So mahalo
to everybody for your active participation. Now we'll move on to the hearing itself. And the
applicant is going to sit there, the planning director here in the middle, and the interveners
on this side. So we could, I think we should just break for lunch now so everybody can
move all their stuff around and come back at quarter of one.
Speaker 1 [02:52:26] Let's test. One, two, three, four, five, six, seven, eight, nine, ten, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 44. Testing 1212 testing.
Speaker 3 [02:55:38] I'm going to call the hearing back to order and as I explained earlier
that we're going to have the applicant go first, the intervener second, and the planning
director third, and we'll allow FDU gun first applicant will allow cross-examination or
additional questions. After your presentation testimony, however you're going to be
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handling it. And then we'll do the same for the intervener and the same to the planning
director. So there'll be immediate follow-up. And then I will allow either further press
examination or a closing argument, whichever you choose to do or both, but you have to
keep it within a reasonable time. And I will be the judge of what's reasonable. Okay, so I
think we don't wanna keep going on and on, and I appreciate it. Also, if everybody keeps
to what is before us today, which is the application for the permit and not talk about other
things that don't have anything to do with the hearing itself and might be involve more
other things. I want to keep strictly to the hearing and to the facts and law that will govern
this decision-making. Okay, mahalo everybody for listening and would the applicant like to
start their presentation?
Speaker 6 [02:57:22] Yes, thank you. I'm Cal Chipchase, Jake Honigman, and I represent
the applicant. Our first witness will be John Pippen. Before we swear him in and begin his
testimony, two questions for the hearings officer. At what point would you like to handle the
admission of the party's exhibits and any objections thereto? And the second, at what
point would you to hear any other procedural Objections or comments?
Speaker 3 [02:57:54] Okay, well, with regard to the exhibits, or evidence, I'm inclined to be
generous in admission. So unless there's a specific objection to the exhibit, so I will ask
the other parties Interveners, do you have any objections to the applicant's exhibits?
Speaker 1 [02:58:23] No, we don't.
Speaker 3 [02:58:25] Okay. And how about the county? We have no objections. Thank
you. Okay. And then, with regard to the intervenors exhibits, applicant, do you have any
objections?
Speaker 6 [02:58:37] I have selective objections, the bulk of them I do not. And so I have
no objection to interveners exhibit. Jay? Pee S or T.
Speaker 3 [02:59:06] So those are no objections.
Speaker 6 [02:59:07] No objection.
Speaker 3 [02:59:08] All right, Ed, you have objections to.
Speaker 6 [02:59:14] I'll state the exhibit and my objection there too. Exhibit C.
Speaker 3 [02:59:19] Remind us what that is.
Speaker 6 [02:59:21] Exhibit C is a presentation related to the intervener's farm, I believe,
and in particular a grant application. I don't believe that is relevant to the issues before the
hearings officer. Exhibet D is an award letter related to that grant, in other words, awarding
the interveners funds. I don't believe that that is Exhibit E seems to be a paper generally
about farm-to-bar and bean-to bar chocolate on Kauai in the Big Island. I don't believe
that's relevant and a copy was not provided. I understand because of the file size, but we
never received it. Exhibit F is a photo of some agricultural crops drying. Exhibits G is a
photos stated to be in the orchard. I don't believe either of those photos are relevant to the
issues before the hearings officer. Exhibit H? Is largely OK. There are photographs of.
Vehicles that I confirmed belong to or used by Roger Uchima. One photo has been altered
to include what appear to be signs that are not found anywhere on the roadway. And so I
do object to that altered photograph. D. Exhibit I, the photographs are okay. I confirm that
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those are accurate depictions of. Attending the event or otherwise related to the event.
The narrative should not be admitted. Among other reasons, a portion of the narrative
includes the complaints of interpersonal conflict that the hearings officer has asked not to
be part of this hearing. The rest of the narratives, if they wanted to attempt to testify to it
under oath, then I would at least be able to cross on it. And I believe that would be the
appropriate vehicle and not through the slideshow. Is a letter related to Burning Man,
nothing to do with the event here or Mr. Uchima's use. And so it is not relevant. Exhibit Q
is a copy of the easement, but it's duplicative. As there is a copied, it's part of the
application. The remaining two exhibits that I have notes on are exhibits. And exhibit. And
for both of those, I would ask intervenors during their presentation to first make an offer of
proof because I don't quite understand what those are or their relevance here. M as in
Mary.
Speaker 3 [03:02:49] You have Emma's letter to the Burning Man.
Speaker 6 [03:02:53] I have M as Indian tree road log, N I have Burning Man letter. So N
Nancy is the letter, M is the road log. I believe the letter is not relevant or the order is not
relevant as it relates to Burning Man. So Nancy's irrelevant, Mary, I just ask for an offer of
proof.
Speaker 3 [03:03:26] Okay, do you have any response?
Speaker 1 [03:03:30] Thank you.
Speaker 3 [03:03:31] With regard to the one, some will offer proof of weight until you do
your presentation to respond to that. So that is... M and B. Correct. Okay, so we'll wait to
see when you do your presentation what your offer proof is.
Speaker 7 [03:03:57] Right, so in terms of the, I guess, there are several related
objections. The exhibit C from the presentation for the grant application, exhibit D, the
award of that grant, and what was exhibit E?
Speaker 3 [03:04:19] The paper generally about
Speaker 7 [03:04:21] Yes, yeah, they're all related to demonstrating of the farm use that's
taking place on a property and the impacts that we need to talk about the impacts of the
permit activities against our farm, the impacts are going to occur. So we need to have that
in evidence on our side. So this is basically a lot of it is background is just to give an
understanding to the the hearings officer in regards to the type of operation we have at our
farm that we've built up.
Speaker 3 [03:04:57] Okay, I'm going to allow all of those exhibits and F and G for the
same reason.
Speaker 7 [03:05:07] Now the exhibit H is mostly a series of photographs and the
applicant is objecting to I think the last page where I have included some signage there
that is not altered. These are photos that I've taken from online. They're not pictures of
signage on a road but they're indicative of the types of challenges that we have to deal
with on roads that are frequented by heavy. Truck traffic like what is being proposed by
this special permit application. I mean, I could speak, I can easily speak to it as well. So it's
not critical. So I could drop that if that's necessary.
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Speaker 3 [03:05:49] I'm going to not allow that page because I don't know, if you just got
it off the internet, I don't know really if it's valid.
Speaker 7 [03:06:03] Yeah, it's just pictures of signs that you typically see on the
roadside. So it's not a, it is more of a visual aid than a, than a you know, something that
would be questioned, the appendicitis via.
Speaker 3 [03:06:15] All right, so I'm going to disallow that page, but the rest of it's okay.
Okay. Okay. I, I, yeah, I don't, yeah. That's not my job is to, you know, be a mediator in
interpersonal conflicts or this is not a family law matter. So you don't want to get into, he
said, she said, uh, I Don't think it's relevant to the permit application. I You know, obviously
the relationship, you know. Good neighborly relations is a goal that everybody strives to
achieve. To the extent that that's not been achieved, then that's unfortunate. But I don't
think that I have any authority to order anybody to be nice to anybody else. And so I don't
think that's relevant. And I'm not going to allow it.
Speaker 7 [03:07:16] I object? The reasonable for the objection is that part of that
testimony is reflecting the most recent event that occurred on the applicant's property just
a few days ago and it's based on my direct observations that took of that. So I think it's
very relevant and very pertinent. There are other things that have taken place recently on
our property that are of also of consequence. That are related to this event. That I can, as
a compromise, I will withdraw one slide that does identify some of the. Acts of that that
some of the event supporters have inflicted upon us. So I offer that compromise.
Speaker 3 [03:08:07] Well, I guess the thing is that this is what concerns me about
admitting that evidence is that that's what you have to say. I don't know who these people
are that you're saying said this and there's no opportunity there's, no real opportunity to
rebut that. I think what I'll do is a compromise, is allow you to identify, to testify generally
that you feel you were. Not treated the way with respect or whatever that you deserve by
some of the attendants. We heard testimony today from people who did attend the
conference who would dispute what you have to say. So to the extent that they talk
generally about how people behave. During the conference or the celebration. You can
talk generally, but I think with regard to specifics, because those people aren't here, we
don't know who they are, and it's hard to respond. So that you have the opportunity to
balance out some of the things that other people said and be able to respond directly to
that in terms of how you feel you are treated. I will allow that, but not. Getting into very
specific.
Speaker 7 [03:09:36] Yeah, well, I haven't named anyone on those slides, any specific
individuals, but I have. And a lot of it is also not just that same presentation because it's
basically, I appended a few extra slides based on this recent event. A lot of is just for
similar activities took place in the prior last year's event, 2024 as well. All right, so I think I
understand what you're expecting there, so we'll address that.
Speaker 3 [03:10:09] I'm going to allow the Burning Man letter.
Speaker 7 [03:10:12] Right, because that's something I'm reserving for the planning
director. Well, yeah, so.
Speaker 3 [03:10:20] Okay, well, I do think that, I'll just tell you right now, I do that Burning
Man in Nevada is quite different than what we've heard has been happening here, which is
200 people, 300 people, and Burning Man is about 80,000 people. But I do thing that the
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name has been used, and so I think it's fair to have that introduced to just be able to see.
What kind of conditions were put on that Burning Man, even though they may not be of
any assistance, because the scope of the Burning Man in Nevada is so completely
different. But nonetheless, I'm going to allow that. The easement being a duplicate, then I'll
allow that.
Speaker 7 [03:11:14] In fact, it is not, we contend that it's not a duplicate, it's a completely
separate document. That's perhaps one of the key issues here.
Speaker 3 [03:11:28] Okay, happy to allow it, whether it's a duplicate or it's not a
duplicate, I'm allowing it. Okay, is there anything else?
Speaker 6 [03:11:38] My only, not on the exhibits.
Speaker 3 [03:11:40] But what about the county's exhibits? Is there any comment? Well,
you introduced them, so you introduced the county.
Speaker 6 [03:11:48] I did. So the report is my exhibit as well as the memorandum. Those
are in.
Speaker 3 [03:11:57] We can't object.
Speaker 6 [03:11:57] I wouldn't anyway, but I don't did the county separately introduce
exhibits? No, I didn't think so. So that's all I had on the exhibits. I would raise an issue with
the acceptance of further written testimony beyond testimony that was received prior to
this hearing. I have concerns with that as well, but the written testimony was not given
under oath the way the moral testimony today was. I have no opportunity to cross examine
any of those people who submit written testimony. And to the extent that it's accepted from
this morning forward, I don't even have an opportunity to rebut it. And so for those
reasons, I think that it would be inappropriate to consider it.
Speaker 3 [03:12:46] Does anybody else have any comments on that? OK, well, I think
that it's important to have the hearing open to the public. And of course, you don't have an
opportunity when people come and testify at a public hearing like this to cross-examine
them anyways. But you would have the opportunity, having heard them, to offer additional
evidence or. Make comments if you disagree or you think it's inappropriate what they said.
So I will allow you to submit anything written you want after the submission of all testimony
on Monday at the end of business. And how much time do you think you need to review
that and make any comments that you would like to make?
Speaker 6 [03:13:37] Or we could have it.
Speaker 3 [03:13:38] Anything that's set
Speaker 6 [03:13:39] we could have it in by Friday of the same week.
Speaker 3 [03:13:44] Uh, interveners, you will have the same opportunity Friday by the
end of next week in the business next week. Is that okay?
Speaker 7 [03:13:53] Understood, Dennis.
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Speaker 3 [03:13:55] Planning Department, if you want to comment on public testimony, I
will give you the opportunity. Thank you for the opportunity, we are, like you, welcome
public testimony and have no objection. Okay, yeah. I think too that part of the reason I did
that was so that people who wanted to testify more than three minutes wouldn't feel that
they had been cut off and that they have the full opportunity. To fully participate as
members of the public and who might be affected by what's going on.
Speaker 6 [03:14:30] I understood, and I understand your ruling, and I'm not asking you to
revisit it, just to preserve my position. It has been ruled in contested cases in other
counties that public testimony must be subject to cross-examination or it is inappropriate to
consider. I didn't raise that objection with the oral testimony so that people would have a
chance to voice it, but I do maintain the objection with respect to written. As I said, I
understand you're ruling and we'll submit our response by Friday. With that, hearings
officer, I believe I am out of procedural comments and ready to proceed. Okay. All right.
Speaker 3 [03:15:08] Well, somebody did ask me if this was gonna be move along fast,
but I said, well, they were a couple of other lawyers besides me, so probably not.
Speaker 6 [03:15:17] I, uh...
Speaker 3 [03:15:18] So take your time.
Speaker 6 [03:15:19] I will do my best to move quickly from here. Mr. Pippin is on the
witness stand and ready to go when he's sworn in.
Speaker 3 [03:15:28] Okay, I don't want you to feel any pressure that you have to move
quickly. I understand. You take all the time you need.
Speaker 6 [03:15:33] I appreciate it. Oh, I think you have to swear, man.
Speaker 3 [03:15:41] Okay, Ms. Kippen, do you promise to tell the truth today?
Speaker 6 [03:15:49] John, would you introduce yourself?
Speaker 7 [03:15:51] Yes, my name is John Pippen. I'm a planning consultant. I live just
outside of Honokaa.
Speaker 6 [03:15:58] And John, where do you work?
Speaker 7 [03:16:00] I work at Land Planning Hawaii, our offices are here at Hilo.
Speaker 6 [03:16:04] What kind of work do you do?
Speaker 7 [03:16:06] We assist with a variety of land use permits from administrative
permits, all types of discretionary permits, including special permits, special management
area, rezones, environmental assessments, and so on.
Speaker 6 [03:16:19] That's fair to say then if it involves the use of land, it's within your
work area.
Speaker 7 [03:16:24] That's a paracel.
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Speaker 6 [03:16:25] John, just in the briefest of terms, what's your academic
background?
Speaker 7 [03:16:30] I graduated in 2006 with honors from the Cornell University School
of Engineering. My degree is in earth system science.
Speaker 6 [03:16:41] I understand what you do today, but what is your professional
background before either joining Land Planning Hawaii or before doing this kind of work?
Speaker 7 [03:16:49] Thanks. Since relocating to Hawaii in 2006, I've worked as a
conservation planner at the Mauna Kea Soil and Water Conservation District, a watershed
planner, an environmental planner and consultant. It's been about almost 20 years now
that I've been independent and working in this business.
Speaker 6 [03:17:13] John, we have some slides to put up on the screen. As we introduce
those slides, I'll confirm that you assisted in the preparation submission of the special use
permit application that is before the hearings officer today.
Speaker 7 [03:17:26] That is correct.
Speaker 6 [03:17:28] Let's go back to that first slide if we could for a moment. John, can
you just orient us as to the location of the project area for this permit?
Speaker 7 [03:17:39] So it is located at this red marker, just between Papiko and Pippico.
And in the center of the screen.
Speaker 6 [03:17:48] Zoom in on our next slide. John, on this slide, the subject parcel is
identified. Can you generally describe this area of the island?
Speaker 7 [03:18:03] Yeah, this is part of the Hamakua Coast or more properly South
Hilo, I believe. So this is agricultural land by and large. You can see the agricultural zoning
of this property and many of the surrounding properties.
Speaker 6 [03:18:20] And John, let's talk a little bit about the land use districts and zoning.
What is the state land use district for this property?
Speaker 7 [03:18:28] Agricultural.
Speaker 6 [03:18:30] And what is the county land use district.
Speaker 7 [03:18:33] Also agriculture.
Speaker 6 [03:18:36] Is this property within the state important agricultural lands area?
Speaker 7 [03:18:41] No, it is not.
Speaker 6 [03:18:43] Is it within a county designation of important agricultural land?
Speaker 7 [03:18:48] Yes, it is identified as important ag land by the county general.
Speaker 6 [03:18:53] Does the identification of this area in the general plan change the
process for permitting like the special use permit here?
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Speaker 7 [03:19:03] No it doesn't.
Speaker 6 [03:19:05] Does it in any way change the uses that may be allowed under a
special permit?
Speaker 7 [03:19:10] No, it does not.
Speaker 6 [03:19:17] How large is the total property that includes the project area?
Speaker 7 [03:19:23] A little over 1,400 acres.
Speaker 6 [03:19:26] And how large is the project area.
Speaker 7 [03:19:28] Under 15 acres.
Speaker 6 [03:19:32] What is the property typically or primarily used for?
Speaker 7 [03:19:36] Kettle ranching?
Speaker 6 [03:19:38] Who runs that cattle ranching operation.
Speaker 7 [03:19:41] Mr. Roger Uchima.
Speaker 6 [03:19:51] Do I understand correctly that the special permit seeks to allow two
activities within that less than 15 acre project area?
Speaker 7 [03:19:59] That is correct.
Speaker 6 [03:20:01] Would you identify those two parts for us?
Speaker 7 [03:20:04] Yes, an annual gathering on a portion of the property, also to store
work vehicles on a portion of property.
Speaker 6 [03:20:15] Focused on just the annual gathering portion of the application.
What's the land area for that use?
Speaker 7 [03:20:25] Over 14 acres.
Speaker 6 [03:20:27] And what's the land area for the vehicle storage portion of the
application.
Speaker 7 [03:20:32] Little under half an inch.
Speaker 6 [03:20:36] You mentioned that the gathering is an annual gathering. How
frequently does the application seek to permit the gathering?
Speaker 7 [03:20:44] Once per year.
Speaker 6 [03:20:47] John, approximately how far away from the nearest dwelling is the
location of that gathering area within the special permit?
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Speaker 7 [03:20:56] Around 3,500 feet.
Speaker 6 [03:21:02] For the. Vehicle storage. Is that you're understanding that that area
is currently used or has been used to store farm equipment.
Speaker 7 [03:21:15] Yes.
Speaker 6 [03:21:17] And is any special permit or other approval necessary for that
continued storage of farm equipment, including tractors and other heavy equipment used
on the farm.
Speaker 7 [03:21:27] No special permit.
Speaker 6 [03:21:29] So what is it that is being sought to be stored as well in this less than
half an acre area?
Speaker 7 [03:21:39] Commercial trucks, essentially, would be stored in the area.
Speaker 6 [03:21:45] And how many trucks are being sought to or would be allowed to be
stored in that area if the permit were approved.
Speaker 7 [03:21:51] Six total.
Speaker 6 [03:21:55] And John in in. Your assessment does the gathering activity
interfere in any way with the agricultural operation of the property?
Speaker 7 [03:22:08] No, it doesn't.
Speaker 6 [03:22:09] And why is that?
Speaker 7 [03:22:11] Well, it's limited in its duration, only four days per year. And once a
year, there are no permanent structures or land alterations proposed in the use. All other
times of the year, the cattle would graze as normal.
Speaker 6 [03:22:30] Does the addition of six vehicles to an existing storage area interfere
in your assessment with the agricultural operation of the property?
Speaker 7 [03:22:41] No, it would not.
Speaker 6 [03:22:42] And why is that?
Speaker 7 [03:22:43] Again, it's a very small area, less than half an acre. The area is
already developed for storage. There wouldn't be any additional development required to
store the vehicles there.
Speaker 6 [03:22:58] Would either use either the annual event or the storage of these six
additional vehicles require any grading or grubbing of the land.
Speaker 7 [03:23:08] No, they would not.
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Speaker 6 [03:23:15] You've mentioned that the uses don't involve the construction of any
permanent structures or other land alterations. Are there existing temporary structures
within this area?
Speaker 7 [03:23:28] Yes, yes there are agricultural storage buildings essentially.
Speaker 6 [03:23:38] And you described for us the nature of these temporary structures.
Speaker 7 [03:23:42] Shipping containers, covers for the farm equipment, containers
being used for ag storage essentially.
Speaker 6 [03:23:55] John, does the application also seek a pathway to permit or
otherwise exempt the temporary agricultural structures on the property?
Speaker 7 [03:24:09] Yes, yes it does.
Speaker 6 [03:24:13] John, as part of the application that you prepared and submitted, did
you address the potential for any archeological or cultural properties to be affected?
Speaker 7 [03:24:25] Yes, in section 3H of our application, on page 21, we address any
potential impacts to cultural uses, archeological uses. Again, since we're not proposing
any land disturbance, impacts to archeological sites are practically nonexistent. This is not
a shoreline property, nor does it host native plants in the permit area, so gathering or
fishing. Are not pronounced concerns here.
Speaker 6 [03:25:00] John, is it also fair to say that the... Addition of six vehicles to an
existing storage yard doesn't change the use of that area in any meaningful way.
Speaker 7 [03:25:12] Correct, yes.
Speaker 6 [03:25:13] And would it be fair to say that the four-day annual gathering is less
impactful to the land than the ongoing cattle ranching operation?
Speaker 7 [03:25:26] I'd say yes, that's fair, and many of the other potential permitted
agricultural uses would be much more impactful. For instance, rural crops.
Speaker 6 [03:25:40] John, are you familiar with the... Soil classifications developed by the
Land Survey Bureau. Yes. What are the soil classifications for the property as a whole?
And then I'll ask you for the project area.
Speaker 7 [03:26:02] Property as a whole is a mixture of C, D, and E soils. C and D are
fair and poor in terms of productivity. E is very poor, and that area is essentially along the
gulches that split through the property.
Speaker 6 [03:26:21] For the project area itself, does it follow those same mixed soil
classifications? Yes, it does. Within the project are there any A or B rated soils?
Speaker 7 [03:26:34] No, they're not.
Speaker 6 [03:26:39] John, are you familiar with the standards for issuing a special permit
in Hawaii?
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Speaker 7 [03:26:43] Yes, I am.
Speaker 6 [03:26:47] Are you familiar with the criteria that the county considers when
evaluating whether a special permit should be granted?
Speaker 7 [03:26:57] Yes, I am.
Speaker 6 [03:27:03] Would you agree with me that these are considerations rather than
requirements that each of which must be met?
Speaker 7 [03:27:11] That's that's correct.
Speaker 6 [03:27:16] After you submitted the special permit application, did the planning
department prepare a report and recommendation?
Speaker 7 [03:27:27] They did, yes.
Speaker 6 [03:27:30] John, what is the general standard for granting a special use permit
on state agricultural land?
Speaker 7 [03:27:39] So the use shall be a reasonable and unusual use. And it should
comply with and further the goals and policies of our state land use law in agricultural
lands, HRS 205.
Speaker 6 [03:27:57] Did the planning department develop a recommendation for this
special permit use, special use permit application based on that standard? Yes, they did.
What was the planning departments recommendation?
Speaker 7 [03:28:10] The recommendation was favorable, recommending approval of the
application.
Speaker 6 [03:28:15] Was that recommendation subject to conditions?
Speaker 7 [03:28:18] Yes.
Speaker 6 [03:28:20] Do you agree with the assessment that this use constitutes a
reasonable and unusual use of land?
Speaker 7 [03:28:28] Yes, I do.
Speaker 6 [03:28:30] Does that conclusion apply both to the event and to the separate
activity of the vehicle storage area?
Speaker 7 [03:28:37] Yes, I agree, both uses are unusual and reasonable.
Speaker 6 [03:28:42] Let's look at the criteria that the county has developed for evaluating
those questions. We'll look at it in the context of the planning department's
recommendation, portions of which we have up on the screen now. The first criteria, John,
is that such use shall not be contrary to the objectives sought to be accomplished by the
land use laws and regulations. How is this criteria met for this use in your evaluation?
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Speaker 7 [03:29:15] Again, this is a small portion of a much larger agricultural property.
The use is infrequent. There are no permanent structures proposed with the use and it will
not affect the long-term agricultural potential of the land.
Speaker 6 [03:29:32] And is that true for the?
Speaker 7 [03:29:35] For both hues.
Speaker 6 [03:29:36] For both uses. And the second criteria identified as B is that the
desired use shall not adversely affect the surrounding properties. And John, in your
assessment, how is that criteria met for each use here?
Speaker 7 [03:29:52] Yes, there are proposed mitigations for any concerns brought up
regarding potential impacts to neighbors. We agree with these mitigations. We do believe
they would do a good job to address any of those concerns.
Speaker 6 [03:30:08] The third standard or third criteria under C, such use shall not
unreasonably burden public agencies to provide roads and streets, sewers, water,
drainage, school improvements, and police and fire protection. How has this criteria met in
this application?
Speaker 7 [03:30:25] Yeah, certainly. Fire department requirements will be complied with,
including access and firewater for suppression. There's adequate parking areas on site.
The participants will bring their own drinking water and portable toilets will be provided for
wastewater. There's essentially no public services provided, no utilities required. This is a
very light use.
Speaker 6 [03:30:59] If we look down at D is unusual conditions, trends and needs have
arisen since district boundaries and regulations were established. Can you tell us what you
understand that to mean and how it's met here?
Speaker 7 [03:31:14] Yeah, since our district boundaries were established, many, many
things have changed in our, in our state. One of those is event venues being in demand,
especially those in natural settings. Also, just the fact that it's really hard to make an
agricultural venture pan out, pencil out, be profitable without complementary uses that
don't impact the agricultural use.
Speaker 6 [03:31:44] John, taking each one in turn, does allowing the existing agricultural
operator to store six vehicles in the area that he already stores farm equipment assist that
operator in maintaining his cattle ranch?
Speaker 7 [03:31:58] Of course, yes.
Speaker 6 [03:32:00] And does allowing events like the annual falls on fire assist in
keeping agricultural lands in agricultural and preventing subdivision and development.
Speaker 7 [03:32:14] It does, yes.
Speaker 6 [03:32:18] If we look down on the next criteria, John, it's E, it's the land upon
which the proposed use is sought is unsuited for the use is permitted within the district.
And tell us your understanding of that criteria and how it's met here.
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Speaker 7 [03:32:33] So again, the soil. Particularly suitable or appropriate for commercial
agriculture, intensive agriculture. However, with complementary uses, agricultural ventures
can be successful. And again, this is a very, very small use, very short in duration and
frequency.
Speaker 6 [03:33:07] The next-to-last criteria we're almost done, John, is F. The proposed
use will not substantially alter or change the essential character of the land and the
present use. How is that criteria met here with the two uses that are proposed?
Speaker 7 [03:33:24] Certainly. No permanent structures are proposed, no ground
alterations are proposed. The character of the land will temporarily change, but the
gathering is located in a central portion of the property not evident from neighboring views.
The property returns to its natural state soon after.
Speaker 6 [03:33:53] And let's look down at the final criteria G. The request will not be
contrary to the general plan and the official community development plan and other
documents such as design plans. John, what is the general plans?
Speaker 7 [03:34:08] So the general plan is a long-term guidance document for decision-
makers reflecting the vision and direction of the county.
Speaker 6 [03:34:18] And in what way is the use not contrary to the general plan.
Speaker 7 [03:34:24] It helps to keep this agricultural zoned property in agriculture. Again,
it doesn't have long-term impacts, and it helps to diversify the income streams, for
instance, to our producer on site.
Speaker 6 [03:34:42] John, what is the applicable community development plan for this
area?
Speaker 7 [03:34:47] Hamakua CDP.
Speaker 6 [03:34:49] And what is a development plan?
Speaker 7 [03:34:53] So a community development plan is a more focused form of a
guidance document again for decision makers that reflects this region and its priorities and
its vision for the future.
Speaker 6 [03:35:07] And John, in what way are the uses proposed here, not contrary to
the Hamakua Community Development Plan?
Speaker 7 [03:35:15] It promotes agriculture, again, keeping agricultural lands in
agricultural uses. It promotes tourism, alternative visitor experiences. There's quite a few
different points to make there.
Speaker 6 [03:35:31] Let's.
Speaker 7 [03:35:32] Further into it.
Speaker 6 [03:35:34] And maybe, well, I know your application does and maybe it'll be an
opportunity if there are further questions from either the county or from the interveners. But
what I wanted to focus on now is looking at some of the concerns that have been raised
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through the application process and the conditions or mitigations that are proposed to be
added to ensure that those concerns are addressed. One has been noise. John, is it
anticipated that there will be music during the annual gathering?
Speaker 7 [03:36:09] Yes, there would be music.
Speaker 6 [03:36:11] Has the likely noise impact to surrounding properties been
evaluated?
Speaker 7 [03:36:17] Yes, we expect the impact to be modest.
Speaker 6 [03:36:22] What requirements or conditions on the use will be implemented to
ensure that any impact is in fact modest.
Speaker 7 [03:36:35] Are placed would be away from neighboring properties, Malca or
West toward the remainder of the applicant's property.
Speaker 6 [03:36:44] And just for some size context, John, when you look that direction
and face the speakers in that way, how far out does the applicant's properties, including
the other holdings, extend?
Speaker 7 [03:36:58] I'd say miles. I don't know the exact distance offhand, but a good,
fair distance.
Speaker 6 [03:37:07] And another risk that was brought up is a fire risk. Before the
applicant ever held the event, was he in contact with the fire department?
Speaker 7 [03:37:23] Yes, prior to the 2023 gathering, you reached out to the fire
department.
Speaker 6 [03:37:28] What was the fire department's assessment of the risk?
Speaker 7 [03:37:32] After a visit to the property, the inspector agreed that there was very
little risk of fire in the rainy area of Popeye Cove.
Speaker 6 [03:37:45] Let's put up on the screen a condition related to fire risk. John, has
the planning department proposed to add any conditions to address any concern or risk
associated with fire?
Speaker 7 [03:37:59] Yes, the proposed condition number 14 here on the screen.
Speaker 6 [03:38:03] And I won't have you read it, but in some details here, does that
condition require compliance with the FHIR code?
Speaker 7 [03:38:11] Yes, it does.
Speaker 6 [03:38:13] Could that mean requiring additional water or other fire suppression
storage if directed by the fire department? Yes. Could that condition require improvements
to the access road, the roadway, if required by the Fire Department?
Speaker 7 [03:38:32] Yes, it may.
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Speaker 6 [03:38:34] And could that even require widening of the road if required by the
fire department?
Speaker 7 [03:38:39] Did make.
Speaker 6 [03:38:43] Speaking of roads, John, I know you've been up on the property,
how would you generally describe the condition of Indian Tree Road leading to where the
gathering will be?
Speaker 7 [03:38:54] It's paved and generally good condition.
Speaker 6 [03:38:58] Are there any conditions imposed by or proposed to be imposed by
the planning department related to that road?
Speaker 7 [03:39:05] Yes, here you see proposed condition number seven on the screen.
Speaker 6 [03:39:12] John, without asking you to read it, does that condition require the
applicant to assess the road prior to each annual gathering? Yes, it does. And would that
include documenting the condition of the road?
Speaker 7 [03:39:27] Yes.
Speaker 6 [03:39:29] Does that condition require the applicant to make any repairs to the
road to damages caused by the gathering? Separate from that, since we're dealing with
two uses, does that condition also address any damage to the roads related to the storage
of vehicles within the existing storage yard?
Speaker 7 [03:39:49] It also covers that use.
Speaker 6 [03:39:51] And does that condition require annual repairs up to a specific
amount if there's damage to the road caused by those vehicles?
Speaker 7 [03:40:02] Up to $5,000 annually for road repairs.
Speaker 6 [03:40:10] John, I know you heard the testimony from the attendees and many
of the neighbors that the gathering is respectful and that doesn't create effects off of the
property, but in the event there is any disturbance, did the planning department propose a
condition related to any noise or other inconvenience that neighbors may encounter?
Speaker 7 [03:40:38] Yes, the proposed condition number nine on the screen here.
Speaker 6 [03:40:45] And does that condition require notice to the neighbors?
Speaker 7 [03:40:50] Yes, it does.
Speaker 6 [03:40:52] And does it also require the applicant to take immediate action if
there are any complaints during the gather?
Speaker 7 [03:40:58] Yes, it does.
Speaker 6 [03:41:01] John, those three conditions that we looked at related to, maybe it
was four, related to fire, roads, and nuisances. Has the applicant agreed to meet all of
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those conditions? Yes. I'd like to look at some of the other conditions. You'd mentioned
that there were a number of them in the department's report. And we'll go through these
quickly, but I wanna make sure that we have the applicant's affirmation as to each of them.
With respect to parking, has the planning department recommended in its condition five
that all parking must be within the permit area? Yes. Will the applicant abide by that
requirement? Yes. And did the planning department further recommend a condition? The
parking area comply with both the ADA and with the state requirements for access and
parking for disabled persons. Yes, they did. And has the applicant committed to meeting
those standards? With respect to traffic, one of the proposed conditions is that the
applicant develop a traffic management plan to be approved by a DOT. Is the applicant
willing to develop a traffic management plan and submit it to DOT and to the county?
Speaker 7 [03:42:34] Yes, there's no way to say if DOT is going to review or approve such
a plan. They haven't requested it, but we're happy to prepare and submit it for review.
Speaker 6 [03:42:47] And if DOT rejected the plan or requested modifications, would the
applicant make those modifications and resubmit? Yes, of course. Notice to the neighbors
is not the only, that was condition six, by the way, is not only the only notice condition.
John, am I right that prior to any event, the applicant must notify the planning department,
police department, and fire department a month in advance of the event and state the
number of attendees and vehicles anticipated and then consult with those departments
regarding security and fire safety. That is correct, yes. And that's condition eight. And has
the applicant committed to abide by that condition? In addition to all of those notices, am I
right that the Planning Department has recommended a condition that the applicant be
required to obtain written approval from the Department of Health Clean Air Branch for any
open burning? That's correct. And that's at condition 10. And has the applicant committed
to abiding by that condition? Yes. And John, and I'll talk a little bit with Tepe, Andrew
Tepper when he comes up as well, but. Your understanding that for this year, for 2025, the
applicant sought approval from the Clean Air Branch for the burning.
Speaker 7 [03:44:17] Yes, they did and not receiving such approval. They did not have a
bird.
Speaker 6 [03:44:27] The planning department to ensure that the area remains, the area
of the gathering remains confined to the area represented has recommended a condition
requiring a meets and bounds survey.
Speaker 7 [03:44:42] That would be done, yes.
Speaker 6 [03:44:44] And that's it can do. John, the Planning Department has also
requested or recommended that the applicant also fence the area of the gathering.
Speaker 7 [03:44:59] That we requested to have omitted. It would be a disruption to the
ranching operation, the rotation of cattle through the site. It would a permanent structure,
which we're not proposing otherwise, but mainly its impact to the agricultural use, I don't
think is warranted.
Speaker 6 [03:45:19] Would that, any fence also require ground disturbance? Yes.
Although the applicant is asked to modify that specific part of the condition, in other words
to exclude fencing, would the applicant nonetheless stake the surveyed area and ensure
that all participants remain within the area of the permitted activity? Yes. John, we talked
about the temporary structures and the path to either exempt them or permit them. The
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planning department at condition 13 has recommended a condition that if those structures
are not permitted, permitted or exempted, that they be removed. Correct. And would the
applicant remove any structures that don't receive, existing structures that don t receive
either permits or exemptions? Yes. You've mentioned that there are no utility services to
the area, and so the Planning Department has recommended that the applicant for the
event be required to provide sufficient portable toilets through a licensed company at
condition 15. Correct. Does the applicant agree to abide by that condition? Yes, they
would do so. The planning department further recommended that the applicants comply
with and if necessary obtain any permit for or from department of health regarding
prepared food correct that's at condition 17 does the applicant agree to abide by that
condition as well yes and and finally john there's a general condition to abide, by all county
state and federal laws at condition 18. Has the applicant agreed to abide by that condition
as well? And John, remind us, what happens if a permit is issued and an applicant doesn't
comply with conditions? Can that permit be revoked?
Speaker 7 [03:47:22] It may be revoked, yes.
Speaker 6 [03:47:26] John, in the application. I believe you included letters of support from
the neighbors as well.
Speaker 7 [03:47:38] That is correct, yes.
Speaker 6 [03:47:40] And how long have you been working with Mr. Tepper and on this
application?
Speaker 7 [03:47:44] Over a year.
Speaker 6 [03:47:47] And what has been your impression of the support among his
neighbors?
Speaker 7 [03:47:55] I think it's reflective of their relationship with Mr. Tepper, their
commitment to the principles of the gathering, I think. The supporters genuinely feel that
this is a good thing, and I do too.
Speaker 6 [03:48:22] And John, in your professional opinion, as a guy who's practiced in
land use planning for 20 years or so now, do you believe that the event and the additional
vehicle storage meet all the standards for approval as special uses?
Speaker 7 [03:48:41] They do, yes, in my opinion.
Speaker 6 [03:48:44] I have no further questions.
Speaker 3 [03:48:47] Do the intervenors have any questions?
Speaker 1 [03:48:53] If you do, that's gonna do it.
Speaker 7 [03:49:00] To do something. All right. So can we get the slides back up again? I
have a question about the map. At the beginning of the presentation there that was shown.
The next map, the one that shows the zoning. I just want to understand what the cross-
tached area, I guess this is in the northerly direction is, because my understanding is that
all that land around there is zoned agricultural, but it's shown, only part of it is shown as
agricultural. Could you clarify that, please? One moment, please. I didn't make this slide.
515
So I'm not 100% sure of the the way it was prepared, but That looks You know, we're
seeing a 2810 There is no Legend or or key for the hatched area. You're saying it's also
agricultural. We could confirm that. Yeah, so at least the areas, Mocha, Belt Road, I
believe are all A20 in that area.
Speaker 3 [03:50:27] So you're saying that everything that's green is 820?
Speaker 7 [03:50:31] Well at least agricultural, yes. Yeah well this in this case here you
see there are different there's A10 as well or I think there's a A5 the light green area that's
embedded in A10 but the the cross-statch area is not identified as far as I can tell us as
what it is.
Speaker 1 [03:50:47] Yeah, you're right.
Speaker 7 [03:50:48] I just want to clarify that because it is on the boundary of the subject
parcel, including our parcel as well, and I just wanted to state for the record that every, as
far as I know, every parcel, Maoka at least, and maybe even all the way down to the water,
is zone agricultural in our area. Yeah, I can confirm the A20 does extend down to Hawaii
Belt Road and even around to the coastline. Okay, my next question is, you described in,
at least verbally, I don't think you had a slide for that, that the two uses that proposed are
an annual gathering, which is going to be composed of acquiring 14 acres of the project
area. But is it an gathering or is it the Falls and Fire Festival? That's what you're referring
to, is that correct? Yes, that's what we're referring. Yeah, I just, I know it's under different
terminologies, and I just want to clarify that. Now the 14 acres includes what exactly? What
exactly composed those 14 acres? The driveway on the applicant's property extending
from Indian Tree Road is included in that 14 acres as well. The check-in area that
participants would cross through on their way to the Malcha area where the gathering
would occur. Do what it also included. Parking area? Yes, it does include the parking
areas. Approximately how much area is going to be reserved for parking? Mm-hmm. I
would have to Consult there's there's ample parking area and this was confirmed by the
planning department Around 14 acres you could park many many hundreds of cars All
right. And that is going to be, how is that, what's the surface of that parking area going to
be? Mostly grass to be as little impact to the ranching operation as possible. When you
say the roads, what number of acres are dedicated to roads? Can refer to our application
one moment. We have that figure. Here it is, this is figure two of our application. The
access road is approximately three and a third acres. Okay. Now, I guess, and this is
maybe this is perhaps a question for the Planning Department later, but what's your
understanding about also including the areas used outside the subject parcel? I'm referring
to the road that's used to access the subject parcel, which is a private road, is another
road that will be impacted by this event. My understanding is it's not a part of the
applicant's property. It is used by others for other uses. It's not specifically pertinent to the
special permit use, so it doesn't have to be included in the special-permit area. Thank you.
Now, the other, the store work vehicles, again, to clarify exactly what the use is, it's, I
believe it's calling, we're calling it in, you know, you, I think refer to it as a heavy equipment
base yard, exactly. Um, that may be the planning department's language. I think we've
always talked about in terms of vehicle storage. And how long are the vehicles going to be
stored there? Overnight, I think you can ask Mr. Uchima directly. But I guess that means
that they're going to be departing the storage area on a regular basis, then. I can't answer.
I don't know his frequencies. Well, Mr. Uchima is planning to testify later. You mentioned
that the nearest dwelling to the event site is 3,500 feet away. Did you actually, how did you
determine that? The county's GIS system, the geographic information system, it's very
useful in looking at maps, making maps, measuring such distances, land uses, etc. Okay, I
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was just using Google Maps last night and I found some dwellings 2,200 feet away located
off the subject parsing. It may be an instance where aerial imagery is of a different date
and newer dwellings have been built since we made that measurement. So that number
may be inaccurate then. It may not be accurate. It may be. And that's only to the event
site. Did you measure what the nearest dwellings would be to the heavy equipment base
yard or I guess your vehicle storage area? They would be nearer. I don't have those
measurements offhand though. Okay, but you didn't take that into account either because
that's something else that I've seen in special permit applications that the considered the
noise impacts of these heavy equipment basyards and a proximity to other certainly
dwellings and other problems. You I'm So in terms of the, I mean, the farm equipment, I
agree. I mean there's no question that you would, as a farmer, you always need the space
to store your vehicles. So that's a given in agricultural use. You don't need a special permit
for that. But what exactly, you know what types of vehicles, commercial vehicles that are
gonna be stored in there? And these are the vehicles that I guess could be moved on a
regular basis off the property to engage in various types of commercial activity. A number
of different trucks. How many? Six different trucks. Up to six? Yes. Okay. But you know
what types of trucks that we're talking about here? Are the dump trucks? Do they include,
say, off-road vehicles like excavators? Those would not be trucks. They wouldn't be trucks,
but are these part included as part of the storage, right? It's the sixth total. Are they
counted towards the sixth-total vehicles? I'm not 100% sure we would again talk to Mr.
Uchima about the vehicles he intends to store there. Are there any unpermitted buildings
on the property? There are agricultural storage structures. Yes, they do not yet have
permits. Are there any new buildings under construction on the property? Not to my
knowledge, no. Okay, you mentioned that the subject property consists of class C, D, and
E soils. Yes. What is the best available soil type within the, say between, in our area, say
between Epicaea and Papyco, with the highest clock? Well, the Well, the highest
classification on the island would be class B soils. Right, but between, in our area, on our,
on the Hamakua, in our, not, I guess our Hamakwa area between Hilo and say, Pepekeo. I
would have to look at that, one moment please. I would venture to guess it's C or B. I'm
not sure if there are B in that specific area. I don't believe there are any. I believe the
highest is sea. Sea, we're all fair soils. That's the best we have in our vicinity. Now the
specific project areas for both the event site and the heavy equipment base yard are
located on what type of soils? C and D. Could you be more specific as to which is on these
soils? Okay, sorry about that. We've got D soils and C soils at the Makai property
boundary, also some E. It looks like to me, the Indian Tree Road terminates on C soils. So
that's where the storage area would be sited. And for the event space. C and E soils. In
the east, what percentage of the event site is sea soil versus de-soil? I don't have a
percentage. I don't have those figures. But is it the majority C or D? I would say majority C.
So I just wanted to emphasize the fact that these activity is going to be taking place on the
best soils we have available in our area. I mean, objectively, I mean because at least by
the soil classification alone. And yet there wouldn't be any permanent alteration to those
soils. Yeah, well, I guess they'll be still impacted by what activity is occurring on top of
them. Right. I can't imagine heavy equipment base yard being a soft touch on the, on the
probably some soil there whatsoever. I mean, there's soil, but there's no vegetation or
limited vegetation on top. So on slide five, I think you, what was that slide? The
percentage. The these are the. Yeah, okay, you claimed that 1% is a small portion of the, I
guess the, basically the property size again is what, 1,400 acres? Correct. The area
reserved for the project is roughly 14.7 acres and I guess it's roughly 1%. Roughly 1%,
yes. Um now but that's still 14.7 acres and it's i guess you know as a farmer myself an
acre is an acre right um and i've you know it doesn't matter where the acre is at least an
area you can you can host the same you know use as far as agriculture is concerned it
can have the same you know cows uh it can the same number of trees and an orchard you
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can have the same number of row crops and so on. I kind of. If this was 50 acres on my
property, it would be the majority of my property. So it would, it's definitely a relative
evaluation, right? Relative to the total properties right so Right, so that's your argument, is
that it's a small percentage of the total size of the property. Now, as far as I know, is there
any threshold like that from the land use? I think it relates to the impacts on agricultural
uses on the property it's not going to impact the agricultural potential or current agricultural
uses on the properties Right, but the areas you're referring to is still 1%. So I was
wondering if that number is coming from somewhere. As I've seen that argument in other
presentations as well. Thank you very much. That's not a specific criterion as to
percentage of a property. Because it's the, you know, if this had been, if the area of the
project had been slightly larger, you know over 15 acres, right? That's an absolute 15
acres. That would have triggered a review from the, in fact, the responsible body would
have transferred from I guess the county's planning department to the statewide land use
commission, is that correct? That's correct. Right. So given that the land use Commission
has not given this court of guidance, It's kind of. It is kind of strange to see this relative
number versus the absolute number that the land use commission uses. That's all I'm
saying. We'll be under... Well, I think...
Speaker 3 [04:04:28] I think that's argument, and let's. Draw upon Mr. Pippen's expertise.
Speaker 7 [04:04:42] Okay, now on to, is it page seven of your presentation? This is a
slide, I guess, yes, well, item B, the desired use will not adversely affect surrounding
properties. As I mentioned earlier, I believe the nearest dwelling is closer than 3,500 feet.
So I want to make that clear in case that's relevant. I'm sure that maybe people here in the
audience that may actually be some of those neighbors. I myself, we live about a mile
away from the event site, but we're still closer to the heavy equipment base yard. I guess
it's also kind of important that you also consider the heavy-equipment base yard too when
you're stating that it's not adversely affecting surrounding properties because That 3500
feet is just the one use. It doesn't consider the other use. Is that correct? The 3500 feet is
not drawn from the proposed vehicle storage area, but we did consider impacts and we
discussed how say a vehicle idling at a gate could impact neighbors and confirmed that
the gate into the property is not at the property line. It's farther into the properties, so there
wouldn't be vehicles idling out the property lying close to neighbor residences. Okay, yeah,
all right. Yeah, again, how far, sorry, where's the gate in relation to the property boundary?
Incent. Yeah, but how far? I don't know exactly. Alright, so it seems to be focused here
was mostly on the noise impacts is as far as the surrounding property impact. I mean,
there's other The effect that you heard the testimony this morning, indicating that the most
recent event did have some apparently some noise impacts. I was aware of some noise,
but it wasn't too bothersome this year. Um, but I definitely, you know, I, I but I obviously
some of the, um, the, um, testifiers this morning spoke to that, um. So what mitigation took
place at this year's event? We can speak with Mr. Tepper about those specifics. OK. But I
understand he has made his contact information available, even on social media, for
anyone who has comments or questions about the gathering. Uh... All right, on to, let's
see, C, the shall not, the application shall not unreasonably burden public agencies, road
streets, supplied road streets sewers, water drainage and other improvements. I guess. In
your I guess in your other testimony you mentioned that there's going to be a lot of
consultation going on in for future events between the different government agencies
Including at least the the fire department the Department of Health, I believe The DOT in
regards to the the highway and the roads the state DOT Possibly the police departments,
correct Um, so it's given that all those agencies. Are going to be consulted, and we, I
guess, don't know exactly how they're going to respond based on whatever proposals are
made in the future events for activities and so on. That is kind of, that statement, I
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guessed, that it's not gonna burden those agencies is really unknown at this point, isn't it?
Well, the statement is it shall not unreasonably burden and I think asking for a agency's
comment or input on a project is a reasonable burden. OK. All right. So one aspect I think
you mentioned in slide D, where you have unusual conditions, and I guess this area that
we're in has been agricultural for some time now, right? I mean, it's been generally
agricultural use of various types, even beyond the, probably dating at least through the
sugar cane era, Yeah, that's a question. Yeah, I just wanted you to confirm that it's been
an agricultural use. Yeah. So I think one of the things is that you mentioned that it is going
to be preserving the lands for agricultural use, and then you, I think, mentioned that the
Class D and E soils are not suitable for agricultural use. Is that what you were saying? My
assessment was more for intensive agricultural or various agricultural uses. I do recognize
there is agricultural potential evidenced by its continued agricultural use as a cattle ranch.
And again, that won't be affected by this special. Now, how is the special permit going to
protect these lands for agricultural use? I assume that because they're already zoned
agricultural, isn't that protection enough? So your second assertion aside, I'll address the
first question. Mr. Uchima runs the ranch. Being able to store the vehicles on the property
through the special permit would help support his ranch, keeping this property in the ranch
use. Your second question, I'm sorry, repeat. Yes, how does it preserve the. Assisting the
rancher. Sorry, how does, wouldn't the agricultural zoning alone achieve those same goals
or preserving the land for agricultural use?
Speaker 3 [04:11:43] Well, I think you're arguing with a witness again. No, I'm just asking.
Obviously, there's the zoning, and that's going to be what it is. And all he's saying is that
it's not interfering with it. That's his testimony. It's not interfere. Nice.
Speaker 7 [04:12:04] Is that correct? You agree? Okay. The zoning is agriculture. All right,
let's see. I'd like to go to, I guess, condition G, the general plan, I'm including development
plan alignment. These are criteria. Yeah, not conditions. Sorry, criteria. Okay, so you
evaluated, you picked out a few of the subset of the conditions, right? How many
conditions are there for the Hamakua Development Plan that should be considered?
Again, you're talking about criteria. Sorry. Criteria. How many criteria? Criterius. Criteru. I
don't know offhand? Many. Did you happen to look at, for example, I guess it's, is that
criteria 13 of the general plan? Let's see. Oh, sorry. But you, okay, let me just. We've
noted several of the policies and goals and objectives of the general plan that the project
complies with and furthers. And we had a slide to that effect. Right. We can go back to that
slide if you want to for a moment. Project would help to provide a diversity of environments
for active and passive pursuits. The request would preserve the agricultural character of
the land and would encourage other compatible economic uses that complement existing
agricultural and pastoral activities. The request will provide residents with opportunities to
improve their quality of through economic development that enhances the county's natural
and social environments. And the request would encourage the development of a visitor
industry that's in harmony with the social, physical, and economic goals of the residents of
the county. Those are from the general plan.
Speaker 3 [04:14:13] Mr. McMahan, are you confused about your question that you want
to ask?
Speaker 7 [04:14:20] Yeah, well, I just wanted to ask him about one specific.
Speaker 3 [04:14:26] Do you have much more?
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Speaker 7 [04:14:30] Uh, not too much for this witness. What was that? For this, for this
witness. No, I'm getting close to the, to the end. I believe. Yes. Uh, although, uh, my, my
wife might have something, a couple other points.
Speaker 3 [04:14:47] So why don't we take a break right now for five minutes and you can
find the section you can fund the section that you're looking for and be prepared when we
come back to ask that question.
Speaker 7 [04:14:59] All right, now five minute recess.
Speaker 1 [04:15:07] Thank you.
Speaker 3 [04:22:14] Are we ready to be called back to order?
Speaker 6 [04:22:17] Applicant is ready.
Speaker 3 [04:22:18] Okay, thank you, Mr. Mcmahon, Ms. Wong.
Speaker 7 [04:22:36] All right, my last question, well, my next, well, not my last questions.
But not my last question, but refers to the Hamakua development plan. There is, in the
Hamacua development plan, there's a policy document, a policy section, exactly talking
about existing policies. And one of the sets of the policies is for residential, commercial,
and industrial development. This is under, this is policy 313. And this refers to Is
specifically of interest here because of the heavy equipment base yard. There is a criteria
that says industrial development shall not be located in areas adequately. Shall be sorry
shall be located and areas adequately served by transportation utilities and other essential
infrastructure. And that's also refers to the general plan 14.4.3 item E Did you consider this
policy in your evaluation? Yes, I don't consider the proposed use industrial in nature. It's
vehicle storage and farm equipment storage. The area has already been developed as
such. We're not asking to increase that area. But these vehicles, as I understand it, are
going to be used for commercial use, right? And they are also used in, you know, typically
I believe the compatible zoning for a heavy equipment base yard would be industrial, isn't
it? We aren't referring to this as a heavy equipment base yard. We are talking about it in
terms of parking and storing commercial vehicles. But these are commercial vehicles
used. Well, we'll revisit this, I guess, perhaps with the flying department in terms of their
interpretation of what an industrial use is and the appropriate zoning for that use. Okay. I
guess the items with the item talking about the roads, I guess you agree that the road, the
Indian Tree Road that services the property is of generally good condition? Yes. By the
way, when you show your map, again, I'm spinning it up to the first two slides, you're
showing the maps of the area, you didn't highlight Indian Tree road. You didn't the access
to the property. Is there a reason for that? No reason, no. Isn't that relevant? Isn't it very
important?
Speaker 3 [04:25:30] Okay, I don't think that you should argue with a witness about
whether or not that's important.
Speaker 7 [04:25:35] This this witness is claims to be an expert in land planning and have
made multiple I guess experience in making many types of applications before when you
make a planning application such as a special permit isn't it critical to identify the access to
the property Yes, and we did in the application and it is shown on our site plans in the
application and is discussed throughout the application. But you didn't produce a map that
shows that access. If you refer to figure two in the application, Indian Tree Road is at the
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right side of that figure. Well, we know where Indian Tree Road is, but it wasn't identified in
the application. I'm sorry, I just pointed to where in the application it's identified. Yeah, but
if this document is forwarded to government agencies, you're not sent with that document
to explain where everything is, correct? So I assume the reviewing agencies rely on the
accuracy and completeness of that information in the document to make their comment.
They would be able to comment on that. Well, would he have all the information that we
need to describe the access, knowing that not given a map showing where the access is?
Speaker 3 [04:27:16] But you're making an assumption for the Planning Department and
what they knew or didn't know. And so I don't know where you're leading with this. You can
ask the Planning department if they know where the Indian Tree Road is. And are they
familiar with it?
Speaker 7 [04:27:35] We also provided an application, the easement across Indian Tree
Road for the county's review. Do you have, you provided that in your application? That
guy? Exhibit A in the application? Yes. Okay, let's look at exhibit A quickly. All right. Okay,
we have it up on our screen. Okay. And there are maps associated with that exhibit.
Exhibit A. Yes. Could you bring it up, please? My wife is having difficulty finding it in the
application.
Speaker 1 [04:28:41] And then I can give them up here.
Speaker 6 [04:28:48] Just in case Jake's respectful ma'am didn't make it into the record,
we're providing a paper copy to the interveners.
Speaker 3 [04:28:54] Thank you very much, Mr. Chipchase.
Speaker 1 [04:29:02] Thank you very much.
Speaker 7 [04:29:05] Isn't that what grass is for? Yeah, well, I'm going to double check, I
think. Yeah, I can see that same dot.
Speaker 3 [04:29:19] So, at no one occasion, I put this in the status novel.
Speaker 7 [04:29:23] In this document.
Speaker 6 [04:29:28] I'll also represent that it is part of our exhibit two, I'm sorry, our
exhibit three, which was provided to all parties and has been admitted into evidence.
Speaker 7 [04:29:46] So. Sorry, which page is that?
Speaker 6 [04:29:55] It's exhibit A to exhibit three of our application, or it's exhibit eight of
the application, which is exhibit three to the submission to the hearings officer in this
contested case.
Speaker 7 [04:30:17] Yeah, we're just confirming you make sure we have the same
document. Okay, yes, so that exhibit has a map. I guess it's called exhibit A2. Could you
please identify the subject parcel on this map? It's, it's a little hard, honestly. I think this
subject parcel is not on said map A2. That is a different plat entirely. Yes, I see it has
Kaupau-Kawea Road on there, which would perhaps put it somewhere, I guess, west or
Maokau, Tepekeo. And the next set of maps in that exhibit are a little hard to read. It looks
like due to copy degradation. Yeah, I can't I can see anything I can identify there is
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associated with either subject property or my own property. I can confirm though the
applicant does have an easement across Indian tree road to his subject property. Correct,
but the concern here that I have is whether the reviewing agencies had an accurate map
of the access to the subject property. We can ask them. Oftentimes it comes in follow-up
communications with the department. Okay, I don't think we're going to make any
conclusions here other than... That uh... We can't, the maps don't appear to be appropriate
for this particular application. Provide another another set of easement documents after
this submission and I can track that down Well, sure, but I'm just more concerned, as I said
before, of the government agencies. I guess this package, I believe, and we'll confirm that
with the Planning Department, but is it your understanding that this package was used to
communicate the application to the reviewing agencies, the government agency? Yes.
Okay. Thank you very much. So, let's see, now going on to the conditions. Of the of the
from the... Playing departments, the conditions of approval. Let's see, item number nine,
there was a requirement, I believe, to provide notice to the neighbors. Yes. Was that notice
sent out for this year's event? Please ask Mr. Tepper. Mm-hmm. So for this year's event,
you claimed that there was a burn permit applied for for this year that was denied. That's
my understanding, yes. We're there and the other permit applications made for the event.
Aside from the special permit application, we have been working with agencies diligently to
come into compliance with the proposed conditions of approval. So we have had many,
many contacts with agencies. Yeah, but for this specific event, there was only the burn
permit. That was the only permit that was specific to this year's event. To my knowledge,
to my knowledge that that is correct. You can ask Mr. Tepper additionally. Thank you very
much. It was condition 16. That is one of the conditions used. I think all the conditions
were discussed except for condition 16, which is. Prior to the next annual event in 2025,
the applicant shall remedy all outstanding violations issued by the planning department,
including completing corrective actions and paying all associated fines, fees, and
penalties. Has that condition been complied with for this year's event? Not to my
knowledge. So you. Condition has been violated? Well, the conditions were proposed. The
permit was never granted. They're still proposed conditions, not conditions applying to a
permit. Although it does mention the event in 2025, though. That was presuming this
would go to commission long before now and have have been granted and had that time
to work toward. All of the conditions. All right. Thank you very much. I believe the
intervenors are resting.
Speaker 3 [04:37:49] Does the planning department have any questions?
Speaker 5 [04:37:52] Just very, very briefly, thank you. So Mr. Pippin, thank you so much
for affirming the applicant's intent to comply with all the proposed conditions. We
appreciate that. Was there a representation made in the application process that no event
would take place before all violations were resolved and the permit was issued?
Speaker 7 [04:38:12] That was my understanding at the time, yes.
Speaker 5 [04:38:15] Thank you, that's our only question.
Speaker 3 [04:38:18] Okay, I have a few questions. Would you like me to ask my
questions before you do your recross? Rob, maybe I should let you go first.
Speaker 6 [04:38:29] It's up to you
Speaker 3 [04:38:30] I don't know, up to you.
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Speaker 6 [04:38:33] I'd rather just only ask John questions once, so if you wanna go,
then I can do everything at one time.
Speaker 3 [04:38:43] It seemed like there was conflicting information in different materials
that I read. One said that there were two water tanks on the premises and another one
said there was just one and it had 3,000 gallons. So is there one or is there two?
Speaker 7 [04:39:03] There was another water tank at the vehicle storage area, and I
understand it is no longer there. So it was once there, but it's no longer.
Speaker 3 [04:39:13] Okay, so there's just the one for 3,000 gallons.
Speaker 7 [04:39:16] As I understand, yes.
Speaker 3 [04:39:17] Okay, so is that sufficient to put out a fire, 3,000 gallons of water?
So, no. And if so, how, I mean, how are you gonna access the water? Is there a pressure
pump or something like that there?
Speaker 7 [04:39:33] The fire department normally will comment on the adequacy of water
supply for fire suppression. We tend to see quantities like 10,000 gallons and close by the
proposed burn site. We would cite it such that gravity and a booster pump would supply
adequate pressure.
Speaker 3 [04:39:58] So your understanding is that would be the plan to put the burn site
near the water tank and downhill.
Speaker 7 [04:40:04] Downhill yes the water site the water tank would be very near the
the proposed burn site
Speaker 3 [04:40:10] Has anybody been consulted about whether or not 3,000 gallons is
enough to put out?
Speaker 7 [04:40:16] We have had discussions with the fire department and there hasn't
been a real conclusion to that discussion.
Speaker 3 [04:40:25] And At one point in time, the... Those lands, the majority of those
lands were in sugarcane cultivation, is that correct? Okay, so even though they're
classified as class C soils, they obviously were productive the time that they were in use
for growing crops. Yes. So presumably they could be again, even though there are great C
soils.
Speaker 7 [04:41:00] Presumably, yes. However, there were many practices in the sugar
cane plantation days that have degraded soils. Heavy metals and arsenic are common in
our former cane lands, and that does kind of inhibit the types and varieties of crops that
can be grown there now.
Speaker 3 [04:41:23] So you heard the testimony of someone who said she was familiar
with soil and arsenic and soil and things like that. Do you agree or disagree with what she
said about the fire would adversely affect the soil because of the arsenic in it or might
cause problems for people because of
Speaker 7 [04:41:50] I don't agree, no.
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Speaker 3 [04:41:54] Is that based on your education training experience or?
Speaker 7 [04:41:59] Yeah.
Speaker 3 [04:41:59] Is that your personal opinion?
Speaker 7 [04:42:01] I'm not an environmental health specialist, so I don't do, say, phase
one environmental site assessments. That's a slightly different discipline. So site
contamination and remediation and exposure risks is not my specialty. However, I see
many such reports that come through as a part of projects. And I see that the risks mainly
come from. Direct work on the site by, say, contractors, folks operating heavy equipment
and potentially breathing in dust, and that's where a lot of the protections and mitigations
are found. So in my opinion, and based on what I've seen on other former Cane lands that
do have some contamination, the risk to the general public would not be pronounced at all.
Speaker 3 [04:43:04] Okay, but that's not really based on your education and training, but
what you've read that other people have said in projects that you've worked on. Okay,
what is the material that is used for the burning? In other words, is it ironwood? Is it koa?
Not koa, is that palikoa? Is it, what, what does being used?
Speaker 7 [04:43:33] We can we can ask the applicant. Okay. I'm sure he has more
information
Speaker 3 [04:43:37] And okay, the other question I'm going to ask, and I will ask Mr.
Tupper, this is how much wood is planned to be burned.
Speaker 7 [04:43:48] I'd think another question for the applicant. I think it would vary
though from year to year. They're they're like art pieces as I understand
Speaker 3 [04:43:59] Okay. You you comment that you don't believe there's any
archeological sites on the property? Correct. And you you is that based on your
understanding the property was bulldozed for sugarcane? Or is is that, based on you're
actually taking a examination and tour of the property to look?
Speaker 7 [04:44:25] It is not based on a professional survey, but a review of the land use
history of this property being intensely cultivated for a number of years that tends to
destroy any pre-existing archeological historic sites.
Speaker 3 [04:44:41] But you didn't in fact do a personal on-site inspection yourself.
Speaker 7 [04:44:46] Not with respect to archeological sites, no.
Speaker 3 [04:44:52] Did you review any history of what used to go on on this property
before Sugarcane was grown there?
Speaker 7 [04:45:05] Not explicitly, no.
Speaker 3 [04:45:12] So with sugarcane grown, and maybe Mr. Tupper would be better
one to ask this question to, but was it grown all across the property?
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Speaker 7 [04:45:24] We have as figure nine in our application historic aerial images from
1965 showing roughly the extent of of clearing on the property and the land uses that
existed there at that time, you can see.
Speaker 3 [04:45:40] Can you show that up on the screen?
Speaker 7 [04:45:44] Can we have that?
Speaker 1 [04:45:50] Guy.
Speaker 7 [04:45:55] Yeah, one moment please, we'll pull it up. I have copies of that.
Speaker 3 [04:46:08] Okay. All right. If that's easier. So what's it supposed to show?
Speaker 7 [04:46:30] So this is historic aerial imagery. You can see to the left of the
image, the Malka forested area, the project areas, and the roads through the property and
the fields. So what year is this supposed to represent?
Speaker 3 [04:46:53] Do you know if there were any land commission awards within the
property?
Speaker 7 [04:46:58] I do not recall offhand.
Speaker 3 [04:47:01] And in particular with regard to the area that's being used for the
festival.
Speaker 7 [04:47:11] No, I do not recall.
Speaker 3 [04:47:17] Um. Did I read it correctly that the idea was that people would bathe
in the stream?
Speaker 7 [04:47:27] That is an associated.
Speaker 3 [04:47:31] And was the determination made as to whether or not that would be
healthy? Because there's cattle on the premises. I mean, is there leptospirosis in the
streams or anything like that?
Speaker 7 [04:47:44] Presumably there could be, both with cattle and wild ungulates, wild
pigs.
Speaker 3 [04:47:54] So is that a definite that this is going to be bathing in the stream?
Speaker 7 [04:47:58] I can't say for sure if there is a high risk or a low risk of leptospirosis
from bathing in the stream.
Speaker 3 [04:48:08] Mr. Tepper seems eager to respond. He can't wait for his turn. All
right, don't worry y'all. She will wait for his. Is it possible to fence off the area without
putting in a permanent fence, maybe rope it off instead just so that the people at the event
know, have real good information about where they can go and where they cannot go?
Speaker 7 [04:48:39] That would be possible, yes, a temporary fence system.
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Speaker 3 [04:48:46] Okay, you know, there's all of these conditions which you, which Mr.
Chase had to go over, but I'm just wondering since there were, there's been basically two
events, right? Since this, the recommendation came out, whether or not any of these
things were in fact done before either one of the 2024 or the 2025 event was undertaken,
so. It seemed like you're saying you did get information back from the fire department and
because of that you you did not have a burning this year that was there anything else.
Speaker 7 [04:49:27] That was specifically the Department of Health. We have been
working with the Department of Public Works on the ag storage buildings and having them
recognized as exempt structures under HRS 4688. That work is ongoing.
Speaker 3 [04:49:44] Okay, what about the traffic management plan?
Speaker 7 [04:49:47] Mr. Tepper has some details relating to the traffic management and
can present that.
Speaker 3 [04:49:54] It seemed like in your testimony, you were saying you were waiting
to hear from the DOT, but as I read the paragraph number six, it sounds like...
Speaker 7 [04:50:04] My my question.
Speaker 3 [04:50:04] That wasn't necessarily the way it was supposed to work.
Speaker 7 [04:50:08] My remarks were mainly. Mainly geared toward not conditioning the
permit on having approval necessarily from Department of Transportation, which
oftentimes we don't hear any response to even a request for comment. That was why I
said that Department of transportation may not even respond since they haven't requested
such a plan.
Speaker 3 [04:50:37] But when you say you contacted them, does that mean you
contacted them because you wanted to go ahead and work on the plan and you needed
direction from them? Or was it not even going that far? Just say, hey, we need to talk to
you.
Speaker 7 [04:50:54] So I can check with my staff. I do believe we've been in contact with
the Department of Transportation. And as yet, again, there's no conclusion.
Speaker 3 [04:51:07] Have you brought up the issue, specific issue with them that the
interveners were worried about in terms of people exiting from Indian Tree Road and
difficulty of seeing in both directions and that they seem to be worried that there was a
hazardous condition.
Speaker 7 [04:51:27] That is not something that we have put to Department of
Transportation directly, you know.
Speaker 3 [04:51:35] And then there was some testimony about improvements being
made to the road and some people coming and digging out the improvements. So after the
two festivals in 2024 and 2025 were improvements made to road.
Speaker 7 [04:51:54] I would defer to the applicant, he would have the best knowledge
about those improvements.
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Speaker 3 [04:52:04] Okay, so.
Speaker 7 [04:52:06] Um as as i understand many attempts have been made at repairs on
the road and often those Attempts have been hindered and blocked by the intervener.
Speaker 3 [04:52:19] So, with regard to the condition number 16, I believe, which is about
the pines. Was that, was my understanding correct that the imposition of fines has been?
Speaker 7 [04:52:37] There is a pending appeal and the fines, as I understand, would be
settled upon disposition of the special permit.
Speaker 3 [04:52:48] So the appeal is to the First Circuit Court. Where's the appeal being
made to?
Speaker 7 [04:52:56] The third circuit.
Speaker 3 [04:52:57] I mean, excuse me, the Third Circuit Court, yeah.
Speaker 5 [04:53:01] If I can interject here for a moment, it's actually an appeal to our
county board of appeals.
Speaker 3 [04:53:06] Thank you very much. Okay, so that but that is pending.
Speaker 5 [04:53:09] That is still pending.
Speaker 3 [04:53:12] All right, so if the special permit were granted, then all fines would be
paid, despite the appeal. Okay, I don't have any other questions, Mr. Chip Chase.
Speaker 6 [04:53:30] Thank you, John. I just have a few things to follow up on. The first
couple are pretty mundane. Maybe they all are, but worth doing, I hope. And that is to
have Jake put up the unzoomed out version of the map that you used to identify the
subject area.
Speaker 7 [04:53:52] The zoning map.
Speaker 6 [04:53:53] The zoning map. On unzoomed in, I should say. So the zoomed out
version and John, I was hoping you could take a look at it and confirm a couple of things.
One county zoning map, two, the hashed areas just mean they're covered by other maps.
Speaker 7 [04:54:10] That is correct. Those are other maps that are referenced on this
map.
Speaker 6 [04:54:14] And that's why they're hashed out and don't have zoning shown
because they're covered by other maps.
Speaker 7 [04:54:19] That is correct. There was no attempt to overwrite or misrepresent
the zoning in those areas.
Speaker 6 [04:54:27] Another question came up about the GIS maps. John, in your 20
years of experience, or at least since they've been doing GIS, is the county's GIS maps
the source for information or typically used for measuring distances between uses and
structures?
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Speaker 7 [04:54:43] Yes, that is the go-to.
Speaker 6 [04:54:47] And John, there was some considerable discussion over the storage
of vehicles and industrial, commercial, or the other terms that were thrown about. I wanted
you to confirm a couple of things. One, the area in question where the vehicles would be
stored is already used for equipment storage.
Speaker 7 [04:55:14] That is correct, yes.
Speaker 6 [04:55:16] And that includes equipment that is used on the ranch, like
backhoes, bulldozers, tractors, those kinds of things. Correct, yes. So all we're talking
about is adding up to six vehicles in that same area. That is correct. And not enlarging the
area in any way.
Speaker 7 [04:55:38] That is correct.
Speaker 6 [04:55:49] John, there was some discussion about whether the source of
access was known to the access to the property was known to the planning department.
I'd like you to turn to exhibit one. Interveners or applicants exhibit one. If you look at the
first page of that, you see the title, County of Hawaii Planning Department
Recommendation. Did you see that? Would you turn to page three for me? And if you look
at that, down at the bottom, the last bullet says access and parking. Yes. And am I right,
John, that in that description of access and parking, access is described as being provided
by Indian Tree Road, a private roadway with pavement widths varying between 12 and 16
feet within a 50-foot-wide easement over which applicant has legal access. Do you see
that? That is correct, yeah. Does that confirm for you that The planning department was
aware of the source of access to the property.
Speaker 3 [04:57:02] Excuse me, what did you say? Well, he's entitled to ask cross-
examination questions. Yeah, please use the microphone.
Speaker 6 [04:57:19] So, John.
Speaker 3 [04:57:21] Oh, I'm sorry
Speaker 6 [04:57:22] Oh, I'm sorry. I thought he was done. Go ahead. I didn't mean to.
Speaker 7 [04:57:25] Uh... That's not the question I asked. I didn't, he was referring to
something that's in the planning officer's recommendation report. I was referring simply to
the application document, not the subsequent document that the planning director
generated. Your point.
Speaker 3 [04:57:45] Your point that you were trying to make when I quizzed you on why
you were pursuing that line of questioning was whether or not, based on the application
that was submitted, there was enough information in there for the planning department to
know where Indian Tree Road was and what it is.
Speaker 7 [04:58:05] Not the planning department specifically but the reviewing agencies I
guess the planning department being one of them but I'm more was focused on the
application uh uh package that was sent to the other government agencies for review that
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could be the department of transportation department of health there's a list of agencies
that are contacted in regards to the application.
Speaker 3 [04:58:29] I guess that gets back to what then I said, which is you have to ask
the planning department if you want to, you know, did they know where Indian Tree Road
is and it doesn't appear that any agencies inquired further as to where the Indian Tree
road was. So I think it's fair for Mr. Chipchiss to ask a question that he did ask to establish
that the map was sufficient. For the purposes for which it was going to be used. Is that
okay, Mr. Chip Chase?
Speaker 6 [04:59:06] Yes, entirely. John, I just have maybe a handful of questions for you
remaining. There was discussion of any fire department concerns or fire concerns related
to the burn and in particular, whether the access to stored water was sufficient. John, I'd
like you to, I think you generally confirm, but I'd, I like you to be more specific for me. If the
fire department required the installation of a larger tank or required any burn to be located
Within a specific distance to the tank, would that become a requirement under the special
permit before there could be any burning at the event? Yes. And is the same for if the fire
department required the installation of equipment to allow a sufficient pressure flow.
Speaker 7 [05:00:21] That would also be. A requirement.
Speaker 6 [05:00:23] And so would it be fair to say then without meeting those
requirements, the applicant could not conduct the burn.
Speaker 7 [05:00:29] That is correct.
Speaker 6 [05:00:31] And with respect to Department of Health, I believe you testified
earlier that that was an agency from which the applicant would have to seek permission
prior to any burn.
Speaker 7 [05:00:44] That is awesome.
Speaker 6 [05:00:45] And so, if the Department of Health declined that for any reasons
related to the burn including air quality, the applicant would not be able to proceed with the
burn, is that correct? My last series of questions, there was some discussion of preserving,
there's quite a bit of discussion because it's all over the rules and the plans about
preserving agricultural land, protecting it from development. In your experience, is there to
change the use of agricultural land to subdivide it for homes or to rezone it.
Speaker 7 [05:01:27] Yes, there is.
Speaker 6 [05:01:28] And does allowing. Additional uses or other uses of agricultural land
help to protect the land from those pressures? Yes, it does. I have no further questions.
Speaker 3 [05:01:44] Okay, is there anything? Thank you very much, Mr. Brugger. Shall
we call you next witness?
Speaker 6 [05:01:55] I'd be happy to, I'll call the man himself, Andrew Tepper. Would you
please introduce yourself?
Speaker 7 [05:02:16] I'm Andrew Tepper. I'm the one that's trying to put on the event here.
Should I angle this toward me?
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Speaker 6 [05:02:40] Now that Mr. Tepper is appropriately on camera, I'll ask you, Mr.
Andrew, I know you have a nickname. Is that Teppy?
Speaker 7 [05:02:49] Oh, yes, people call me Teppi.
Speaker 6 [05:02:51] So if it's okay with you I'll call you Teppi? Call me Teppie, yes. Tepp,
where did you grow up?
Speaker 7 [05:02:57] Rowland, Vermont. And what kind of work do you do? I design
massively multiplayer online games. Explain that for me. OK, so massively multiplayer
means potentially thousands of people interacting in the same world. Online means, like
on the internet, they tend to be role-playing games. So everyone has a little character, and
you explore a 3D world together.
Speaker 6 [05:03:26] And Teppi, when did you first come to Hawaii, not just for vacation,
but to stay any length of time? It was...
Speaker 7 [05:03:34] It was just before the pandemic. So OK, so a couple of years before
the pandemic, I went to Maui and did one of those tourist helicopter rides. And I just said, I
have to learn to fly these. So there's two places to learn to fly helicopters in the country.
There's Miami, and there is Mauna Loa helicopters in Kona. And I figured it's more fun to
hang out in Hawaii than Miami. So I just started coming here about four times a year fly
helicopters.
Speaker 6 [05:04:06] And do you now own property in Papua Yucow?
Speaker 7 [05:04:11] I do, yes.
Speaker 6 [05:04:12] And how long have you owned it?
Speaker 7 [05:04:16] Maybe three and a half years, something like that.
Speaker 6 [05:04:19] How did you find out about that property?
Speaker 7 [05:04:23] I think I was just looking over different property websites. So there's
two parcels. I don't know how much detail you want me to go into. But I saw it online. And
so I do like to buy land as what they call a land bank investment, just instead of having
dollars sitting in the bank kind of inflating away, buy land. But this land had more waterfalls
than I've ever seen in my life. There, depending on how high you count a waterfall, there
might be a hundred waterfalls on this property. And I just love the idea of swimming in
waterfalls. So yeah, I bought that property. And then there were two properties. So there's
the one that's mostly conservation zone. So that's 13,000, a hundred and something
acres. And then, there's The Ranch, 1400 acres. There's about 2,500 acres all together
between the two properties of agricultural, like Ag-20 land.
Speaker 6 [05:05:24] And are those two properties the mostly conservation land, the
larger piece and the smaller ag piece adjoining?
Speaker 7 [05:05:32] Yeah, altogether about 12,000 acres of conservation.
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Speaker 6 [05:05:39] And when you brought the property, and I'll focus this on the 1400
that's part of the application here. When you bought that property, was the cattle ranching
operation already underway? Yeah, oh yeah. And who runs that operation?
Speaker 7 [05:05:55] So that's Roger Uchima here. We became quick friends. And so I
don't know. I kind of like having cows there, so. Just keep doing it.
Speaker 6 [05:06:10] When you bought the property, was he already using a portion of it
to store equipment? And did that storage also include the vehicles that are now the subject
of this special use permit.
Speaker 7 [05:06:23] Yes, it's my understanding they did.
Speaker 6 [05:06:26] And so Tepe, you've applied to the Hawaii County Planning
Department for a special use permit covering the storage of those vehicles for Mr. Uchima.
And you've also applied for your annual gathering. What inspired you to hold this
gathering?
Speaker 7 [05:06:48] I mean, I love all things Burning Man. I first went in 2006 to, you
know, the desert that was all demonized at the hearing today. And it was like, I found my
people. This is, yeah. And since then, I was one of several people that started something
called Frostburn in West Virginia, which is like the. Almost the winter version of Burning
Man. There were like six of us that did that. And that's still going. And so when I bought
this property, I don't know if I had the idea when I was looking at the property, but I'm
thinking maybe in the back of my mind, I... That this is so perfect to do a Burning Man style
event and I, you know, at that point really liked Hawaii and so, yeah, just.
Speaker 6 [05:07:47] And I know you've been we'll talk about it in more detail, but you've
held the event on that property now for three years. Is that right? Yes. I want to talk to you.
So in some ways, I guess it's fair to say that we're not looking forward only to how you will
manage it, but how you have managed it. And so how have you approached issues like
security so far?
Speaker 7 [05:08:16] Well, like security, we, okay, so within the event, so now we're
getting into like, how does Burning Man, what's the culture like? So we try to do everything
ourselves, like with volunteers. So we have within the even rangers, which are not really
police. They're just people who, in the rare case that there's an interpersonal dispute. Try
to talk to both people. They're almost like the therapist version of police. And so that's very
effective. External to the event, yeah, we hired security, overnight security, as much to
reassure the neighbors than I wasn't worried that there were going to be gate crashers or
anything like that. And there were not. But I don't know. It was nice to have security, just
the peace of mind. But yeah, that's how we do security.
Speaker 6 [05:09:14] Let's talk a little bit about traffic. Teppi, is there a check-in area for
the event?
Speaker 7 [05:09:21] Yeah, so I don't know if we showed it on any of the maps, but you
come to the edge of my property, there's a gate there, and then there, I don't know, goes
maybe a tenth of a mile or so, or maybe a 10th of a miles, and so that's where cars can
queue, so they queue entirely on my property and we have a gate set up, we have an IT
system that two of me and another guy developed. And so it's real quick to check people
in. Like, iPad, you scan the QR code and marks off in the system who it is, and that's it.
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Speaker 6 [05:10:02] And so is it fair to say, Teppi, that in your experience holding the
event, that you've been able to avoid any queuing on Indian Tree Road or any public
road?
Speaker 7 [05:10:12] Yeah. So I haven't gotten the reports for this year. But I know last
year, the most cards we had was right around Friday night, like Friday after work. We had
like six cards queued was the most. But because the check-in process is pretty quick, and
I mean, it's even quicker this year, so it wouldn't surprise me if it was fewer this year Thank
you very much. Yeah, the, you know, waivers are signed ahead of time and so the check-
in is quick. Did you want me to talk about traffic coming in, like rate of cars or is that your...
Speaker 6 [05:10:50] We'll touch on that a bit. I just wanted to first cover, just to confirm,
it's been managed in a way that there's no queuing on Indian Tree Road.
Speaker 7 [05:10:58] Yeah, that's right.
Speaker 6 [05:10:59] And been managed in a way that there's no queuing on a public
road. Correct. And so, Tep, you maybe tell us now a little bit about how you manage the
rate of cars coming.
Speaker 7 [05:11:12] OK, so I don't think that's going to be a problem. That's why we can
do the traffic study if we have to. So we tend to see like 2 and 1 half people per car. And
so 500 people, if we do eventually get to max capacity, 500 people divided by 2 and a half,
that's 200 cars coming in, 200 cars eventually leaving. Uh, ingress is spread over two
days, so that's like a hundred cars a day. If it's, you know, the gate is open, uh, eight
hours, a hundred over eight would be 12, 12 cars per hour. So like five minutes every, on
average, a car every five minutes, but clustered a little more toward dinnertime Friday,
Saturday is more spread out.
Speaker 6 [05:12:05] And so, Teppie, you'd mentioned a traffic management plan. I know
this is how you've managed traffic so far, but to confirm, if your permit is approved, you'll
develop a more formal traffic management plans submitted to the Department of
Transportation. Teppi, let's talk a little bit about cleanup. How have you managed cleanup
of the site after the events?
Speaker 7 [05:12:28] Okay, so that is something that burners, we kind of pride ourselves
on it. Burning Man itself, I don't know why it has a reputation of creating trash. When we
get to Burning Man, it is clean as a whistle. And when we leave it is as clean as whistle.
Each individual camp kind of prides itself on leaving it completely perfectly clean. And then
there's Burning Man. And then I'll get to how we do it. But at Burning Man, then there's a
team that goes in afterwards and just make sure that each particular camp is completely
clean. And if there's anything, even a single tent stake, they'll take a picture of it and put it
on a map and then they show an overview. And so it's like public shaming, you know, if
you get like a so green is perfect, yellow is maybe a tent stake. Red is, yeah, you left trash
behind. So, it's... Public shaming if you don't. And my camp at Burning Man, except we
one time did leave a single, we missed a single tent stakes, we have never had anything
but green. Falls on fire is largely the same thing. People pride themselves on leaving that
field absolutely perfect. And we have DPW, we call it DPW headed up by these guys here.
And yeah, so that field, if you can. If you want to go out there today, it is perfect.
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Speaker 6 [05:14:02] Tap it. I know noise has been a concern. How have you managed
noise at the events to ensure that you don't unreasonably disturb your neighbors?
Speaker 7 [05:14:13] Yeah, all right. So do you want me to talk about contacting
neighbors or just specifically how we mitigate noise?
Speaker 6 [05:14:20] We can do both and we will do both. So if you want to start with
contacting, that's okay with me.
Speaker 7 [05:14:25] Okay, so for the first year, I assumed we were just far enough away
that we didn't even have to worry about noise. So I did contact each neighbor ahead of the
event, told them what we're going to be doing. And then we did the event and I contacted
them afterwards and checked like traffic and noise. And a couple neighbors on Indian Tree
Road said, well, we could hear the music, We could hear the bass, but it wasn't.
Bothersome. So then in the 2024 event, I think 24 event we had like turn it down hours.
For this year's gathering we did. Faced all the speakers up. So do we have a map that we
can put up? I don't know. Do we have that? Well, I can just talk about it. The one that
shows the conservation zone land as well. Okay, so... Okay, so where it says subject
parcel A20, yeah, it doesn't show the whole thing. Well, so the gathering itself is kind of in
the middle of the smaller parcel, the 1,400 acres. So what we did this year, we faced all
the speakers up toward the 13,000 acre parcel. So all the noise was directed that way.
Bass does travel like the low frequencies. So we just tried to keep that not too loud. But
yeah, that was what we did.
Speaker 6 [05:16:35] Teppi, on the subject of contacting or addressing concerns from your
neighbors, I think we've heard testimony that your phone number is published on social
media.
Speaker 7 [05:16:45] Yeah, I don't know, I've been doing that for years. So there was
some shit posting on social media about the event and I don't know if you saw, there was
a sent SF gate article, mysterious landowner. Giant piece of property. So I just went on
and said, hey, mysterious landowner here. Here's what we're doing. If I bother you, here's
my phone number. You can call it day or night. Nobody did. I got a bunch of text messages
from people saying, hey, next year, could you include me in the event? But yeah, I give my
phone out and.
Speaker 6 [05:17:31] Teppi, maybe we could have you turn to Intervenors Exhibit J. And
I'll have you just look at the first pair of photos in that deck. They're side by side. Yeah, so.
So let me just ask you the question. So if we look at the photo to the left on the Intervenors
Exhibit J and that first pair photos, we see what looks to me like a photograph of your
event space. Is that right? Correct, yeah. And am I right that this is from the 2024 event?
Yes. And so. If we look at the land that is depicted inside that photograph, is that all land
that you own?
Speaker 7 [05:18:30] Yeah, up to, if you see, like, there's a line of clouds. I own up until
about the line of cloud.
Speaker 6 [05:18:39] And is this an accurate representation of the extent of the footprint of
your annual event? Yeah, yeah, that's right. Tepi, you were talking specifically about noise
and facing the speakers. And I was wondering if this picture helps you orient us as to
which direction they're faced.
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Speaker 7 [05:18:58] Yeah, the speakers would be facing toward the top of the
photograph.
Speaker 6 [05:19:05] Just for completeness sake, I see a photograph to the right. Is that
also from the 2024 event?
Speaker 7 [05:19:16] Yeah, we didn't have traffic cones this year, so that's 24.
Speaker 6 [05:19:19] And is this kind of an example of the humor or just jokes of the
event?
Speaker 7 [05:19:29] That we did not have an actual orgy go, fortunately.
Speaker 6 [05:19:33] So, so, so the... Burning portion of the event. Is that some specific
activity that occurs on a particular night or part of the events?
Speaker 7 [05:19:50] Yes, so you can't quite see it here, but very faintly there's a triangle
just. Again toward the top of the picture by about a half a centimeter and that's the burn
field.
Speaker 6 [05:20:09] Have you ever contacted the fire department about an intent to or
plan to burn as part of the event?
Speaker 7 [05:20:17] Yes, so in 23, we contacted the fire department. I did, they sent two
officers up. They looked it over and they said, well, you're basically in a rain forest. You
couldn't set a wildfire if you tried.
Speaker 6 [05:20:34] Have you had any issues with the, sorry, let me take back that. So
you burned then in 2023 and 2024? In 2024, yeah. Did you have any issue with the
burning portion of the event? If the, well, let me ask it this way, in 2025 to confirm you did
not conduct the burns.
Speaker 7 [05:20:55] No, so we had the effigy all set up. It's still set up, we'll have to figure
out how to deal with it. But... We could see the wildfire that was like, the wild fire was
basically in the background of the effigy. And so it would have been a. Terrible to do an
artistic fire when there's an actual wildfire up at 8,000 feet. Also, this year, even though we
didn't have the permit yet, and so I just tried to do this as a, you know, as a private
gathering, I tried to all the things that the permit would require almost as a practice run.
And one of those was get permission from environmental health to do a burn. So I
submitted that about a month ahead, two weeks in, I called them and another weekend, I
call them and nothing. And the night before the burn, they said denied. That plus there's
an actual wildfire I just said, now we can't burn this this year.
Speaker 6 [05:22:16] And if the event goes forward under the permit and it's conditioned
both on compliance with fire department conditions and with Department of Health
approval, will you abide by those and if directed, not hold the burn? Yeah, of course.
There's been a lot of discussion about the roadway. John described Indian Tree Road as
generally good quality. Do you agree with that?
Speaker 7 [05:22:42] It's got potholes, but I mean, yeah, it's all right.
Speaker 6 [05:22:45] Have you engaged in any efforts to maintain the
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Speaker 7 [05:22:48] Yes, I've tried to have the potholes filled several times.
Speaker 6 [05:22:53] I've said several, but about how many times have you worked on
filling potholes?
Speaker 7 [05:22:57] I believe five times.
Speaker 6 [05:23:00] Has there been any reason that that work has been interrupted or
you've been unable to proceed with it?
Speaker 7 [05:23:09] Yeah, we filled the potholes and then they get dug up.
Speaker 6 [05:23:12] And who has been digging up the filled potholes.
Speaker 7 [05:23:17] Intervener, Jim, digs them up.
Speaker 6 [05:23:22] There was a description in the public testimony portion from folks
who have attended your event, different descriptions offered of it by those who've actually
been there. You agree with those descriptions?
Speaker 7 [05:23:36] Yeah, I thought those were pretty accurate.
Speaker 6 [05:23:40] In addition to the event, Teppi, as we talked about earlier and talked
about with John, you're requesting approval for Roger to be able to store additional
vehicles at his site where he stores the farm equipment. Why are you making this ask on
behalf of Roger?
Speaker 7 [05:24:00] Well, I would, all right, so. So initially Roger was storing his
equipment there. And again, the intervener, I guess, found something in the code that you
can't have a base yard, and so he, this is my understanding, you complained to the, how
much do you want me to get into, like the two of them are having this? No, no, no.
Speaker 6 [05:24:27] No, no, no. I don't want you to cover any of that. Just why are you
applying for this use on behalf of Roger?
Speaker 7 [05:24:33] Well, I'm already doing a special use permit. I figured might as well,
you know, it'll help him in his ranching business. He won't have to, every time he uses
these trucks, drive outside, you take a car outside and then drive the heavy equipment to
the ranch. And then when he's done working, drive them back out and rent a separate
base yard when he already leases 1,400 acres from me. It's such a waste of time. So You
know, it's easy for me to just include it.
Speaker 6 [05:25:11] Last set of topics, Tepe. I did want to get into the prior events. When
you first held the event in 2023, did you believe that a special permit was required? No.
Why not?
Speaker 7 [05:25:26] I called the planning department and said what we were going to be
doing. I spoke to someone, I think his name was Sean. Gina was, do you remember, was
the guy?
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Speaker 6 [05:25:41] You can't ask people from the audience, this isn't who wants to be a
millionaire.
Speaker 7 [05:25:46] And he said, well, there's a thing called a special use permit. It's
really if you're going to change what you do with the land. All you're really doing is a once
a year event. You're just going camping. So just do it and have fun. But do me a favor and
call the police department just so they know what's going on up there.
Speaker 6 [05:26:10] And did you do that?
Speaker 7 [05:26:11] And so I called the police department and they said nothing needed
from us, but do us a favor and call the fire department. So I did that and they sent two
officers up, I think I described, you know, they came up, looked around, said it's safe.
Speaker 6 [05:26:31] Did you let your neighbors know as well?
Speaker 7 [05:26:32] And so I did, I called each of the neighbors, or I wrote on the email
list. I knew that Jim is very sensitive to stuff happening on the road. So like even a week
before that, I contacted Jim and let him know what we were gonna do.
Speaker 6 [05:26:49] Did he express any concern?
Speaker 7 [05:26:51] Uh... No
Speaker 6 [05:26:55] any neighbor express any objection immediately after you held the
event.
Speaker 7 [05:26:59] No, and so I then contacted each neighbor afterwards, including Jim,
and I think one or two said, well, we could hear music, but it wasn't like, loud or
bothersome. So no, it was everything was good.
Speaker 6 [05:27:13] And when you contacted Jim at that time, right after the event, did
he voice any concern or objection? No, he said it was fine. Did there come a point where
in the future, after that 2023 event, where Jim made an reaction to the event.
Speaker 7 [05:27:33] So he and Roger don't get along. And so he somehow reignited his
feud with Roger and said to me, Teppi, if you don't do something about Roger, like kick
Roger out, I'm going to call the planning department and report you for having an
unlicensed event. So I said, look, I have a very good relationship with Roger. Do what
you're going to do. I'm not getting in the middle of whatever's between the two of you.
Speaker 6 [05:28:07] And did you eventually get a notice of violation for that 2023 event?
Speaker 7 [05:28:12] Yeah, so he must have done that. And so the notice of violation was,
what, like the next summer, it was a while after. So he must've followed through with this
threat.
Speaker 6 [05:28:22] Does June 2024 sound about right for the NOV? Yeah. So maybe
eight months after the event? Yeah, something like that. Did you appeal?
Speaker 7 [05:28:32] So I did appeal, but at the same time, I started the very long process
to get the special use permit.
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Speaker 6 [05:28:41] If you believed a special use permit wasn't required and you've
appealed, why did you file for one?
Speaker 7 [05:28:49] I don't want to, like, thumb my nose at. You know, I do want this to
be, to all be kosher. I don't know, maybe I'm wrong. So I read the law, I paid a plan. The
first thing I did, I payed a planning consultant to read the laws. That was Jim Hayes, Land
Planning Solutions, I think, from Oahu. He wrote me a thing saying, nope, here are the
different pieces of code. This is why you don't need a special use permit. So I figured,
yeah, I'm gonna appeal that. But at the same time, I gonna... Get the special use permit, I'll
be covered one way or another.
Speaker 6 [05:29:37] I understand that while the application was pending, you held the
event again in 2024. Can you tell me why you went ahead with that event?
Speaker 7 [05:29:47] Well, I don't think I need the permit. I mean, I can read English. I've
even read some of the Supreme Court cases. I don't think I needed the permit, but I'm
getting the permit!
Speaker 6 [05:30:01] After that event, did you receive a notice of violation?
Speaker 7 [05:30:05] And I got a notice of violation, 34,000 in fines, I think.
Speaker 6 [05:30:09] Did you appeal that as well?
Speaker 7 [05:30:11] And I appealed that, yeah.
Speaker 6 [05:30:14] So here we are in 2025, you held the event again.
Speaker 7 [05:30:22] But I, okay, so part of the objection to the event was like advertising
and taking money. So we've, you know, previously we did pay what you can. So you have
to pay at least $1, $50 suggested cost of running the event is way more than that. But so
wait, where were we going with this? So, yes, so I did run it as a private event, like we just
left the old website as is for people that we invited. I sent a link to a different, to a new
website. The new website didn't advertise the event. You can, you know, you have to click
on a link and then in.
Speaker 6 [05:31:12] And so was the intent of those changes to address any concerns
that have been raised, namely that it was commercial because you had accepted
donations of $1 to $50 before, and that you had advertised more generally to the public.
Speaker 7 [05:31:27] Yeah, so like what I was thinking is just, we'll do it where the spirit is
a truly private event, like a family reunion or wedding or something.
Speaker 6 [05:31:43] And so Tepe, did you receive another notice of violation for the 2025
event?
Speaker 7 [05:31:49] And I'll pay it, I mean, I'll appeal it, but I'll...
Speaker 6 [05:31:53] And so that actually brings me to my next question. And when I went
over the conditions of approval with John, I intentionally left out condition 16 because I
wanted to talk to you about it. And that's the condition that requires you to resolve all
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notices of violation. So Teppi, I wanna confirm that if you are granted the special permit,
you'll resolve the appeals and pay the fines as assessed by the Planning Department.
Speaker 7 [05:32:25] 100%. The reason I haven't paid the fines is because I have an
appeal pending, but if I have to pay the fines, I will absolutely pay the funds. And Jeff, I will
pay 100% of the fines. It's going to stay local. That's my promise.
Speaker 6 [05:32:49] Teppi, as I'd mentioned, and we all heard several of your neighbors
testified today as well. And to my count, that was all or nearly all your neighbors who
testified, other than the interveners had been in support of you in the event. What does
that mean to you?
Speaker 7 [05:33:10] I mean, that's great. Most of them have come to the event. They love
it.
Speaker 6 [05:33:15] I thank you, Tep. You have no further questions.
Speaker 2 [05:33:35] This is the rest of the issue of... Thank you. Bye.
Speaker 3 [05:33:56] But I'm wondering if, how much longer, you know, are we gonna
even, really? Let's say four o'clock, then we take an hour for dinner. Well, I don't know,
maybe you guys can go without dinner. But, I mean, is it realistic to think that we can finish
today? What would be your preference?
Speaker 6 [05:34:24] So for our part, we're prepared to soldier on. I only have one more
witness, Roger Uchima, who I can't imagine on direct taking more than 25 minutes, if even
that. And so I think, depending on, I think whether we finish today is dependent on the
length of the presentation by the other parties, I would say.
Speaker 3 [05:34:48] What do you folks think, interveners? Who's going to be your
witnesses?
Speaker 7 [05:34:54] The two of us will be presenting, so approximately an hour and a
half is my best estimate at this point. And then with the time, I guess, the additional time
needed for, I guess, cross and so on.
Speaker 3 [05:35:07] And how about you, planning director?
Speaker 5 [05:35:10] Um, the County expects our presentation to be extremely short with
limited questions for either of the other witnesses.
Speaker 3 [05:35:20] So Do you think we can finish? I do. If we stick to.
Speaker 6 [05:35:28] Yeah, based on that, I think we can finish.
Speaker 7 [05:35:31] Just to double check on time, how long do we have this venue?
Speaker 3 [05:35:36] We have this room until 8 o'clock.
Speaker 7 [05:35:38] So that would be, if we break for an hour for dinner, you're already
suggesting that for, so for five, so for dinner would be from four to five? Five to six or?
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Speaker 3 [05:35:51] I'm wondering if we should just soldier on so we can finish.
Speaker 7 [05:35:57] Yeah, because I have that concern because we have what an hour
and a half myself. I, you know, the county is going to need at least, I don't know. Well, you
said minimal time, but I think there's going to be a lot of cross examination on that part. So
I think we need, we're probably at least three hours. Okay, so it's.
Speaker 3 [05:36:18] It's 3.30, so we should be able to do it. Maybe we could order in
some granola bars or something like that.
Speaker 6 [05:36:27] Good with me.
Speaker 3 [05:36:30] All right, so let's break now and come back in 10 minutes at 20 of
four. And let's make every good faith effort we can to finish up today.
Speaker 2 [05:36:59] But we've got to do it, we've still got a lot of time. We've got a whole
lot of other things to do. But the fact that all of this is one one thing, at least that is, is that I
can't remember. You don't have to do that. You can do it. You can learn it. It's kind of fun.
No, no, no. I'm just going to have to say it. I'm sorry. I'm not going to tell you. I'm going to
do it now. I'm probably going to want to get up in the morning. Why don't you just let me
know if you have any questions. Absolutely. Okay.
Speaker 3 [05:48:07] Uh, are you ready? Mr. And County, are you ready? I'm calling the
hearing back into order and Mr. Tepe is witness and now interveners are going to do
cross-examination.
Speaker 7 [05:48:42] OK, so. So I like to learn more about the Falls on Fire event, exactly
what takes place there and how it relates to Burning Man. I mean, there's all kinds of
activities that take place on Burning Man, there's, I guess, kind of things like you would see
at a music festival, dancing, there are art displays, I understand. But there's also kinds of
construction and structures that are part of that event, right? So with any of these
structures, do you think need building permits or anything like that? I know for, if I had to
have a festival in town here, I would be very much constrained in what I could build or
construct without contacting either the building department or the fire department to
approve those structures. Yeah, I don't know. I'm not an expert in those kind of permits.
Speaker 3 [05:49:48] So you mixed up two questions. The first question is how does the
event compare to Burning Man? But then before Mr. Tepe answered that question, you
went on to assume that his burning falls is going to have structures built as it did in the
Burning Man, which is that it seems that Burning Man's, you know, 8,000 people and his
event is.
Speaker 7 [05:50:13] I guess, well, I guess it's right to simplify the question. Is there any
difference between the types of activities that you're planning for your event versus
Burning Man, other than the number of attendees? Okay, so that's something about burns.
It's very much not a organizers versus audience. Everyone is kind of equally a participant,
including me. So like I did, let me think of some of the stuff. At Burns, I've done stuff like
snow cones, and we made pepperoni rolls, because that's sort of the state vegetable of
West Virginia is what I call it. And so it's similar activities, but it's not like I come up with a
list of activities. Participants were all trying to sort of entertain each other. And there's
almost a competition to very informal, like who can do the coolest stuff? Who can amuse
other people the best? Right. But you when would you know, in advance of the event,
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when what activities are going to take place? I don't for a year. So you don't know up till
the event itself, what is actually going to occur on that during the event? Yeah, I mean,
some of the activities are just spur of the moment, you know, let's lead a silly parade and
improvise musical instruments and yeah, anything like that. Yeah, but would that include,
you know, spur of the moment constructions of tents or buildings or any other structures
like that? So people generally camp in tents. People build structures, nothing huge. You
can see an overview of, we have one very large tent that I purchased. But you can look at
the overview picture and see representative sizes of structures. Could an orgy dome be
constructed? If you wanted to construct one and you were coming to the event, there was
no Orgy Dome though. But I guess. But at Burning Man there is. But again, I just wanted
to, okay, thank you. But yes, it is participant-driven. Completely. Yeah, completely. So
they're. So there are no constraints, are there any constraints to impose at all in terms of
the activities that occur at these events? Yeah, don't don't annoy the neighbors. So so stuff
that like the the amplified sound we we try to be very careful with that maybe be more
specific. Well, just any constraints. I mean, those, you mentioned sound. Okay, so yeah, if
I noticed something in my amateur but not such a bad engineer experience, if something
looked unsafe, yeah, I would say, no, you can't do that. Right, so I guess you will still have
the veto power, I guess, in terms of what takes place there. All right, so. I guess you
started talking about traffic in your testimony, and also you mentioned that there's no
queuing on the roadway in 2024, right? Were you aware that during 2024, there was a
gate entrance to Indian Tree Road, just for background information. At the bottom of Indian
Free Road. Where it meets the public roadway, which is the highway belt road, there's a
gate there. During the 2024 event, and you can confirm this, Mr. Tepper, that that gate
was shut after that PM. No, I think it was nine. Okay, I have a recollection at 6 p.m.
Because that was our normal gate hours at that time. Yeah, we. Yeah, we changed, we
reprogrammed the gate to be 9 p.m. As I recall. Just for that, just for the event. Just for
that weekend. There were people, we had reports from some of our friends that reported
cars backing up onto the Belt Road because the gate was closed in the evening. So I just
want to know if you were aware of that. I think we also, short time later, we also discovered
that the gate had been broken open. The mechanism that closed the gate had been
snapped off. I was aware of that and I replaced that. I don't know if it was someone with
the event, but I could guess that probably something happened, and yeah, so I just
replaced that So there were people obviously arriving after the gate was closed and
needing to get in or at least felt they needed to get it in. Is that something that, were those
people, were you aware of that? And were those allowed to stay on your? Well, I. Well, no,
I mean, you're telling me that's what you heard from someone else. No, this is what I
mean. We heard that the back of the vehicle back up occurring, but the gate being broken
is something that I had observed. Okay, so, and I'm aware that the gate was broken. And
as I said, afterwards, as soon as I could, I replaced that.
Speaker 3 [05:56:10] Okay, so Mr. Mcmahoney, you'll have your opportunity to testify,
whether or not Mr. Chipchiss is going to object to your saying what other people told you
about what happened, I don't know, but you know, it's better evidence if the people who
told you can testified because.
Speaker 7 [05:56:38] And during this latest event, one that took place last week, there was
no gate at all. I mean, the gate has been, I believe, permanently made open right now. It's
not, there's no longer closing at night as it used to. Yeah, I'm not sure the what's going on
with that because like even when I'm when I visit here not having to do with falls on fire. It
seems it's always open so Yeah, I guess you didn't take that into consideration though and
planning your 2025 event because you again have traffic all night long and yeah, so we.
Yeah, so we hired overnight security so that they can't so that nobody could get into the to
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the event itself after hours. So, but that security was positioned on your property and not at
the on along the Indian tree road or near the gate. Yes, so yes, so they could not get so so
they were positioned maybe a couple hundred feet into my property. So there was no
security on the road itself. When you had security, you said you hired security? Yeah.
There was no a security outside your property. Like securing, preventing people from
turning on to Indian Tree Road. Correct, or any for any other purpose on Indian free road.
Well, no. Well, no, people live there, including you. I mean, they couldn't just close that off.
Well, the residents would have access to the gate, you know, as. The gate is open. It's
anyway, the I've just what I just asked if it's a you have any of the security personnel were
positioned on the road. No, they were positioned just in the event. So your application, you
said you're going to have up to 500 people? That's right. Attendees. Now, what do you
consider attendee? Is that someone who is a participant attendee, meaning that are they
camping there? Are you going to 500-people camping? Yeah, so, so attendee would be
everyone in the event I would be one of those 500. And so that include the organizers?
Yes. The would include people who are visiting just for the, by the way, are all the
participants, are they required to camp on your property during the event or can they come
and go as they please as you know, during visiting during the day or? Yeah, so the gate is
open for ingress from I think it was 8 a.m. To 9 p.m., I'd have to check if it was eight or
nine a. M. They can leave at any time, of course, but they can't come back. So if they let's
say they left at 10 p. M.. Like some neighbors left at 10 p.m. They can't come back into the
event until the next morning at, let's just say 9 a.m., again, I'm not sure if it was eight or
nine. So some of the attendees would not necessarily be camping. Correct. So they would
be able to stay at home, wherever they are based on the big island or hotel in Hilo. Yeah,
so other than our neighbors along Indian Tree Road, I'm not aware of anyone who did that,
but they could, I guess if they wanted to get a hoe, if they hated camping and got a hotel in
Hilo, They could do that. Right, I'm just trying to relate the number of attendees to the
volume of traffic you're saying. Oh, I see. So yeah, if you're making a case that there could
be a few people that would make more traffic than the calculation I did, 500 divided by 2.5,
yeah, so yes, you could be at a handful higher than that, sure. Right, yeah, because my
observations disagree with your count or your estimates in terms of traffic. Anyway, I'll get
that in my test. Now, with the cleanup of Burning Man, so I guess one of the, or your falls
on fire event, I guess, and it's been, I guess another testimony too, that you're trying to
leave the place as you found it, right? Yeah. With zero, I guess, environmental impact. But
how is that practically possible, given that all the burning that's taking place. Right, for one
thing, it's one impact, right? That's air quality, air pollution. Is you don't consider that an
environmental impact. Do I consider it I mean to the extent that we burn stuff yeah there
would be co2 and so on Well, whatever's in the, what's ever in the burn materials could be
carcinogenic materials, depending on what's actually burned. I think one, it was asked, I
think, maybe by the maybe the hearings officer, what exactly is burned? What material are
you burning? Okay, so going backwards by year, what we didn't burn but had been hoping
to this year was reclaimed wood. Last year was two-by-fours, like untreated two- by-fors
and untreated OSB. And the year before that was was bamboo and strawberry guava. Oh,
I'm sorry, no, and also in 24 there was strawberry guavas that we had cleared out from
one of the waterfalls in 23, and the 23 burn was primarily bamboo harvested from the
property. But instead he also has an OSP. And what's in the OSP? Uh, it's a vegetable
glue, I believe, plus, uh, plus fibers of, of, uh... And did you have a burn permit for that for
that burn? No, you did not. In regards to what about the traffic impacts though, you have a
lot of traffic, you know, several hundred vehicles going in, several hundred people's going
out and traveling, you know across the island, at least to wherever they're coming from. So
that itself is a significant impact in. Air traffic. Some people came from the mainland. So
and there's also your trash cleanup, right? There's a lot of trash produced. I do people
have, you know, use single use plastics, paper items, things like that. So, you know, I'm
541
not, like, digging through trash, obviously, but I mean, I assume they use whatever legal
stuff. Well, it's not a question of legality. It's a question whether there's traffic. Whether.
Whether they use single use, probably. The other but oh but one other thing so we don't
centralize trash so that that's that's a peculiarity of leave no trace events everyone packs
out what they pack in Okay, and, well, and your trash pickup, does that include trash
pickup along the access road, I think Indian Tree Road? There's no, I guess I don't
understand, does it include? I mean, you say you clean up all the trash located on the
event site, but what about the road leading to the event side, including the Indian tree
road, you know, every the entire road length up to the top of the highway. Yeah, I mean,
we're not like throwing trash on the road. I not this year that I've discovered by last year we
had discovered some debris of building construction debris along Indian free road. Okay, if
you ever notice that not just falls on fire, you have my phone number. You have my email.
I will, of course, I guess. Again, but that's something you are you planning to do so in for
future events?
Speaker 3 [06:04:56] Well, I mean, do you know that the people that were at his festival
are responsible for the construction that was that you observed?
Speaker 7 [06:05:07] Well, it's given that the at the time the trash was discovered, the
majority of the traffic was associated with people leaving his event and they were fully
trucks were fully loaded with all kinds of materials that would be the most likely. No, if
there's No, if there's reason to believe that my participants accidentally left crash, I will
clean it up. Yeah, I mean... I was not aware that there was trash a couple years ago, but.
Yeah, there's always instances where trash, properly unsecured loads were trash. If it's
going to depart the vehicles, most likely going to the depart the vehicle in the first few
miles after departing the van, whether it's intentional or not. Okay, so the other thing that
concerns me, especially as a farmer, and you have a lot of people on the land. We know
the land is very wet. You get lots of rain there. It would be erosion would be one of my big
concerns. The fact you have so many vehicles going across the land on the roads and
doing whatever construction or activities are on the land and it's a slopey land. I don't know
what the grade is. What is the grade of the? The property or the area where your event
takes place. The field itself, I would say, is probably just a couple percent. We selected
that spot on the land because it's central. And I tried to pick a spot that's as far away from
other neighbors. So if you look on Google Maps and take a protractor or whatever. And
because it is one of the flattest fields up there. Okay, but we know by observing all kinds of
vehicles coming down the road that are caked with mud that there's a significant soil being
moved off site. I mean, either by vehicles moving out, but most likely through runoff into
the nearby streams. So is there any mitigation methods that you have to capture the soils
that may be due to runoff. To capture mud from cars. I know well from the runoff from the
fields that are used for the event. Uh, no, I guess I don't know. No. So there must be a lot
of some exposed soils, you know, without because the ground cover is disturbed the soil,
the soil that the ground. Sure. Yeah. Or yeah, if it's rainy and someone got stuck or
something. Right, and I don't know how I've never been there, but the extensive nature, if
it's extensive enough, a lot of that soil, I have to assume will be run off into the. Okay, so
most of the traffic, until people pull off into the field itself, the traffic is all along cane roads.
So, you know, those are like three feet of gravel. Those are not real muddy. The mud,
yeah, the field, itself, if it really pours, there might be some mud, but it's not. I don't know. If
you go up there now, it's pretty much already recovered. So I'm not sure how to answer
the question, really. Right. Yeah. Well, I just OK. So while talking about taking a look at the
site, did a planning inspector visit your site on this past Friday? Um, so two people arrived
in a car that had a planning department sticker on it. And were they allowed to inspect the
site? No. They were not. Why not? Private property. Okay. So it was an invite only event.
542
Rights, but you decline the. Yeah, they did not have invitations, so yeah. But did they need
invitations, I guess? You could have asked me for an invite.
Speaker 6 [06:09:12] We can't have colloquies.
Speaker 7 [06:09:18] Did you have any other events similar to this during the past year on
your property? Uh... Some people from my helicopter school came in one day, but I go up
there swimming a lot. Yeah, but no, not new. Do you have any camping events? Do you
have any overnight camping events there? I have myself camped up there a couple times.
Yeah, but with larger groups of people. You say you have, you're a helicopter pilot? Yeah.
Student pilot. You haven't gotten your certificate, right? You're still so you haven't been
issued your Pilot certificate yet. Okay But is your intention to Well, first of all, I have you
been landing helicopters on your property. I've landed my help
Speaker 5 [06:10:11] May I object? I'd like to object to limit questions to the material that's
covered in the special permit. The special permit makes no reference whatsoever to
helicopters, so I'd object to this line of questions, please.
Speaker 3 [06:10:25] Objection and sustain. The helicopter questions have nothing to do
with this permit.
Speaker 7 [06:10:32] Okay, it's just that. Yeah, I mean, there are other methods for
accessing the property than by roads. Would you like me to fly everyone by helicopter?
Speaker 5 [06:10:46] I'd like to object again.
Speaker 3 [06:10:48] We're going to move on from the helicopters. Okay.
Speaker 7 [06:10:56] So one issue that came up was the site itself for the event is not
going to diminish the agricultural value of the property. So obviously the site that's selected
has to be kept as, I guess, as a pasture. You cannot use it for any other agricultural
purposes that would prevent your event from occurring. I'm thinking of because there are
other types of crops, there are, you know, orchards and things like that, that perhaps could
be more valuable, that the land could be better suited for, right, but you would your event
would, would not make would not be compatible with those other agricultural uses,
correct?
Speaker 3 [06:11:45] Excuse me, I don't understand what this question, while you're
asking this question he's doing cattle ranching, he's not doing cacao or orange, and that's
his prerogative.
Speaker 7 [06:11:58] It's prerogative, yes, but if a portion of the land is reserved for a
specific use, it does limit the agricultural potential. I mean, cattle ranching is today's
activity, granted on that parcel, but there is opportunities for other agricultural
development.
Speaker 3 [06:12:30] Well, I think that's totally speculative as to what might happen in the
future.
Speaker 5 [06:12:37] I'd like to object to this line of questioning. The county has no
authority to direct what kind of agriculture happens on the property. As the hearings officer
mentioned, cattle ranching is a valid agricultural use of the property and the special permit
543
does not direct in any way, shape or form what type of agricultural property takes place on
this property.
Speaker 3 [06:13:01] I'm going to sustain that objection.
Speaker 7 [06:13:14] When you when you occur when you had your the the fire
department inspectors on your property, I believe was for the 2023 event. Yeah. And they
say go ahead, you know, you're in a rainforest. You know, it's not a problem. Is your event
actually taking place in in the rainforest? I think that was sort of a humorous comment, like
I mean, you're familiar with the biome there. Well, I mean, there are forested areas and
there are areas that are open grasslands. Yeah. Which was it?
Speaker 3 [06:13:49] Well, I guess the question really is how many inches of rain do you
get up there a year?
Speaker 7 [06:13:53] That's not the question. The question is what type of foliage or
coverage? I mean, again, if you're looking at a fire risk, you're look at the fuels that are
nearby. The fuel, what is, are you in an open pasture, grassland, or are you the middle of a
real rainforest or a forest? Yeah, so like I said, the event itself is in a pasture. So, yeah, so
that's, yeah. So I don't really understand the comment made by the inspector. Yeah, so
you said it was more ingest or saying, well, but the implication is that you're really in a
pasture or you're in an open field, the grassland, I guess is one way to say it, right? And
grass typically dries out much faster than any other type of vegetation. Again, I'm not an
expert on this, but... You know, that's the risk I would see is that it's not gonna burn down
the forest immediately, it's gonna burn the grassland first, because that's where the event
and all the burning is occurring, correct?
Speaker 3 [06:15:05] Yeah, just like...
Speaker 7 [06:15:05] Just like I said.
Speaker 3 [06:15:06] Do you know how many inches of rain you get at your property?
Speaker 7 [06:15:09] Well, we do, but it's highly variable, and like right now, it's soaked. I
have no doubt that if you use a flamethrower, you're not going to light anything on fire. But
we've had dry periods up to several months where it gets virtually zero rain. And under
those conditions, things get a little sketchy or a lot, you know, there's certainly a potential
for. Wildfire incident. It's certainly true that most of the wildfires that we have on this island
and and other islands occur on the drier areas the leeward side where you know get less
rain. That's yes that's known but there are severe there are
Speaker 5 [06:15:54] May I interject to ask that we limit our discussion in the we've had a
discussion already earlier today about our limited amount of time we have fewer than four
hours left. May I ask that we limited our discussion to the matter at hand and the permit at
hand. Thank you.
Speaker 3 [06:16:10] So, can you answer the question? How many inches of rain do you
get up there a year?
Speaker 7 [06:16:15] Are you keen? Well, that information actually can be sourced.
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Speaker 3 [06:16:18] Alright, if you know the answer, fine. If you don't, just say I don't
know right now.
Speaker 7 [06:16:23] Uh, the elevation, what's your elevation again?
Speaker 3 [06:16:26] I asked for your property.
Speaker 7 [06:16:27] Okay, our property is 140 inches of rain per year.
Speaker 3 [06:16:33] Okay, so now let's move on from the rainfall question. You made
your point, I think.
Speaker 7 [06:16:49] So, you're talking about the maintenance of Indian Tree Road. In
your testimony, you mentioned that the potholes on my property were filled five, I think you
said five times, right? Yes. And then the material out of those holes had been removed.
Yes, that's what I observed. You observed that, okay. Did you see the material being
removed? Um, I have one video of you removing it. Okay, what material for what material
is used to fill those holes? Most recently, asphalt, like the black. Was that a material that
was used today? I mean, I'm not, I don't know what materials used today because I
haven't been back there, but. Yeah, I think they're using asphalt today. Um, what did he
use in the previous or previous? I don't know. I had a road crew fill it with what they
thought was the right. Was that road crew licensed or qualified for doing road
maintenance? Fulfilling Well, no, you don't know why you hired them. You don't
Speaker 3 [06:18:12] not argue with the witness.
Speaker 7 [06:18:13] Okay, well, are you just asking, did you actually attempt to contact
us and ask for permission or at least notify us that we are planning to do work on our
road? No. Why not? Because previous times that I've done that, you interfere with them. I
have had no opportunity to interfere with them because I have not been informed, right?
Speaker 5 [06:18:40] I'd like to, again, ask that we limit discussion to the matters that are
contained in the permit. And the permit does not specify how the road will be maintained,
and it does not include any requirement for notice about road maintenance. It does not get
into that level of detail.
Speaker 3 [06:18:57] Thank you. And the question's been asked and answered.
Speaker 7 [06:19:04] Right, I will save the rest of that section to my testimony then Oh,
one more question in regards to, we haven't spent too much time on the base yard portion
of it while focused on the falls on fire event. What type of lease do you have or
arrangement you have with the rancher on the property, Mr. Uchima? I have a yearly
lease. Should I say how much it is? No, I didn't ask that. No.
Speaker 3 [06:19:56] I think that's enough on his lease with his tenant.
Speaker 7 [06:19:59] Uh, so it's a annual lease. Is it recorded in bureau conveniences?
Speaker 5 [06:20:03] This doesn't object, again, this does not have anything to do with a
special permit. It's been established that there's cattle ranching on the property and that's
a sufficient agricultural use. The terms of the lease are irrelevant.
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Speaker 7 [06:20:13] But there is, because Mr. Tepper is the requester of the, he is the
holder of, he's gonna be a holder of the special permit for the Cook and, with the heavy
equipment base yard.
Speaker 3 [06:20:23] If he wants he can turn around and sublease to somebody else.
That's correct. Once he gets the
Speaker 7 [06:20:30] That's yeah, and that's part of the point. You don't you know, the
argument here is economic one for the the rancher To offer be able to offer him the
opportunity
Speaker 5 [06:20:41] Again, the county has no authority to direct the financial relationship
between this landowner and his tenant. All we require is that agricultural activity happens
on the property.
Speaker 3 [06:20:53] I sustain it.
Speaker 7 [06:20:55] Yeah, although this is one of the claims made in the in the playing
directors recommendation.
Speaker 3 [06:21:05] The claim is that it will help someone to continue to be in agriculture
as a way to diversify.
Speaker 7 [06:21:16] But for this particular rancher, that's the claim. Okay. As you pointed
out, you could sublease it to a non-rancher or someone who is not involved in agriculture
but only in heavy equipment, not base art operations, right? As you point, because there is
no specific, because it only- I'd like to-
Speaker 5 [06:21:31] I'd like to object to this line of discussion. It has nothing to do with
the special permanent.
Speaker 3 [06:21:36] You can save that argument for your final rebuttal report.
Speaker 7 [06:21:45] I think we're, that's it.
Speaker 3 [06:21:48] Okay, thank you. County, do you have any questions?
Speaker 5 [06:21:53] We do actually have a couple of questions, thank you. So Mr.
Tepper, Teppi, Mr. Pippen mentioned that or he represented that. You, well, he affirmed
that it was your intention to comply with the proposed permit conditions that were set forth
in the director's recommendation. Is that correct? Yes. Okay. He also let us know that
there had been a representation during the permitting process that no event would be held
until a permit was in hand. Is that Correct? Yeah. Yet we.
Speaker 7 [06:22:29] The question is, why was there an event this year?
Speaker 5 [06:22:31] There was clearly an event last weekend and it appears that there
are a number of, I guess I'll make it into a question, where all of the conditions, which
admittedly do not, we can't hold you to today because the permit hasn't been issued, but
where the conditions met prior to your event this happened this week.
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Speaker 7 [06:22:50] So I went through the conditions on the special use permit, like the
proposed special use permit and tried to comply or at least in the spirit of comply with all of
them like it was a practice run. And why was the event held? Well, so for one thing, I never
Imagine that this would take this, but you know, this is. We're, what, 15 months in and I
started the process before that. The. So people plan these things six months ahead. They
take off from work. They make plans to travel to Hawaii. I think I counted people from nine
different states other than Hawaii. There's probably 30 people from the mainland here. I
thought I would have the permit in time, but I can't screw all my friends. So yeah, I'll, so I
knew I would get a fine.
Speaker 5 [06:24:01] You've had quite a number of very collegial discussions with the
planning director. And I think he's made it clear that in your case and really in all cases, it
is not the county's intention to be punitive, it's the county intention to have all of our
landowners be in compliance with boss. The county's interest is not in your relationship
with your friends. The director has made a recommendation to the planning commission
recommending approval of your. Given the decisions that we've seen made over the last
three years to proceed without any number of various approvals that are necessary, why is
it that the planning director should stick with the favorable recommendation that he's
made?
Speaker 7 [06:24:51] I don't know, I mean I hope you will, I am trying to be in compliance.
Look at how much time I've taken on all these hearings and I've spent a huge amount of
money on this. It's not the money thing. I hope you see that I'm trying to comply in spirit. I
realize. And like I said, I thought I had made enough changes to do this as a really private
event, something like a wedding or a family reunion. And yeah, I guess a very technical
reading of the law. Even family reunions are not allowed on Ag Land. So I mean, I was
trying, I don't know.
Speaker 5 [06:25:52] The questions. Thank you.
Speaker 3 [06:25:54] Okay, I do have a few questions, but Mr. Chip Chase, why don't you
go first?
Speaker 6 [06:25:59] Happy Tune! Teppi, I know you sort of ended your discussion with
Corporation Council on this point and I'll take it up. When you proceeded with the event in
2025, did you really believe that you'd made modifications to those parts of the event that
the planning director had concluded required a special permit.
Speaker 7 [06:26:28] In other words, it's not just a, you're not just camping, it's a festival.
So this year I said, no money, not even the pay what you can donations. We didn't touch
the website. If you look at the original website, it's still talking about the future 2024 event.
To run this year's gathering, We did create a new website and if you go there, I mean, you
can get the URL from the SFGate article or the, you know, it leaked. But it says, it says
like, you get access and then you have to put in credentials that were in your invite. So we
really did, I really did try to run this like a private event. And I realize private events are still
but I was trying to at least be in the spirit of what is done all the time in Hawaii.
Speaker 6 [06:27:40] To Teppi to the question about why. You believe the planning
director should maintain his recommendation to the planning commission. I'd like to just
ask you a couple of questions. Do you understand that if the special permit is granted that
it will be subject to conditions and if you violate those conditions, the special permanent
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can be revoked? Yep. And do you understand that if you have a revoked special permit,
you were very unlikely to ever get another special permit again?
Speaker 7 [06:28:17] Yep, we have to be squeaky clean.
Speaker 6 [06:28:20] So do you commit here to the Planning Department and on the
record that we'll go before the Planning Commission and be part of the public documents
in this case, that you will comply with all conditions of the permit and operate the event in a
way that meets not only the spirit but the literal language that's been set forth in those
conditions?
Speaker 7 [06:28:42] To the best of my ability, yes.
Speaker 6 [06:28:45] I have no further questions.
Speaker 3 [06:28:48] Okay, what if this proceeding is not over by the time of your, that you
planned for your next?
Speaker 7 [06:28:59] That won't hold the event.
Speaker 3 [06:29:03] Well, what about your friends? Well, you said that the reason you
went ahead this year, even though you didn't have the special permit, even thought you
had the recommendation from the planning director, you went and held the event because
you didn't want to disappoint your friends. So will that reasoning apply next year for some
reason? Well, keep in mind.
Speaker 7 [06:29:30] Okay, we'll just save the question itself.
Speaker 3 [06:29:35] Will you hold the event next year in 2026 if you do not have the
permit? For this event, do you need any special kind of insurance to hold an event like
this?
Speaker 7 [06:29:52] No, I don't think so.
Speaker 3 [06:29:54] What about the fact that people are consuming alcohol at the event?
Do you need any special kind of insurance for that?
Speaker 7 [06:30:01] We don't provide any alcohol. So like a, and I, you know, I'm not like
looking through people's coolers. Yeah. I could speculate, but.
Speaker 3 [06:30:12] Well, as part of the permit, you do agree that all laws of the federal,
state, and county will be followed. So do you do anything to ensure that that happens?
Speaker 7 [06:30:26] We do not
Speaker 3 [06:30:28] So you don't troll. You don't have your guests sign anything that
says, we will comply with all federal state county laws.
Speaker 7 [06:30:41] Bring any illegal drug?
Speaker 3 [06:30:44] We won't use any illegal drugs while we're on the premises.
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Speaker 7 [06:30:49] We don't have that line in the waiver. But you do have a waiver. We
do have waiver. But the waiver is more along the lines of you're going out into the
wilderness, into an unimproved kind of place. And so if you get hurt, be safe, that kind of
thing.
Speaker 3 [06:31:14] Would it be possible to provide a copy of the waiver?
Speaker 7 [06:31:19] Do we have that? Yeah.
Speaker 3 [06:31:21] Yeah, we can do that. Mr. Chipchis can do it later.
Speaker 7 [06:31:23] That's fine. It's sort of silly, but.
Speaker 3 [06:31:28] Okay, so I asked some questions earlier about the water tanks and
whether or not that was going to be enough water if there were to be a fire. Do you have
any more information about that than what your consultant testified to.
Speaker 7 [06:31:46] So if we were to have gotten the the permit, we were we had figured
out a couple of ways to provide, you know, pressurized water. One was to to elevate the
tank on a on a piece of equipment that I have. Another thing we talked about was just a
bunch of individual, you of hand-held. Things of water. Another was a paid water truck on
site. But, you know, we just kind of abandoned ship on the on the burn. So none of those
things happened.
Speaker 3 [06:32:27] Well, and later assume you were to get the permit if in November of
2026 it was the dry season or November 2027 would you provide a water would you hire a
water truck to come up.
Speaker 7 [06:32:44] So I guess I would consult the fire department and in the whatever
the rules of the of the burn burn ban exemption are at the time. So yeah, if they say get a
water truck, I'd do that. If one of the other things is what they recommend, I do that
Speaker 3 [06:33:07] So you would wait for a recommendation from the fire department
before you took in like that.
Speaker 7 [06:33:12] Yeah, and if they don't have any specific recommendations, we'll just
sort of use common sense. And a couple of our participants are volunteer firefighters, so
we would kind of lean on their expertise.
Speaker 3 [06:33:28] Uh, okay. So, um, what kind of training do your security people
have? You said you have volunteers that come and, uh, there's security security for the
event kind of churning do they have.
Speaker 7 [06:33:45] So there's two kinds of security. There's the external security where
we hire people to only not allow entry into the event. You're talking about the internal
security? Yes. Okay, so there are, I'm not a Burning Man Ranger myself, but Burning Man
Rangers do have a training system that they go through, and it's mostly conflict.
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Speaker 1 [00:00:00] So it's not trying to, if there was ever a fight, which I had never seen
a Burning Man in 20 years, but if there were was a fight they would not try to intervene,
they would call the police.
Speaker 2 [00:00:14] So the people that come into security for you, do they attend the
Burning Man training?
Speaker 1 [00:00:23] Some of them do, some of them don't, and the ones who don't learn
from the ones who do.
Speaker 2 [00:00:29] So do they have a class or educational training program?
Speaker 1 [00:00:34] I'm not a ranger, I don't know how formal it is.
Speaker 2 [00:00:41] Okay, I read up about Burning Man and I saw that in many in years
past, some people are attracted to the fire and try to commit suicide.
Speaker 1 [00:00:52] That happened two times, yeah.
Speaker 2 [00:00:54] So is that anything that your security people are looking out for?
Speaker 1 [00:01:00] So we do it.
Speaker 2 [00:01:00] Doing people away from the fire.
Speaker 1 [00:01:02] Yeah, we do an informal perimeter. At Burning Man itself, they have
people whose job it is to stand. Like since that incident that happened at Burning Man
itself, I think in 2011. And it happened at one of the regional burns. So at Burning Men
itself, they now have people whose sole job is during the burn to stand there in case
someone tries to run into the fire. Um, then they would tackle them, I guess. It hasn't
happened since, but yeah, that was there. We don't do that because this is where the burn
is. The structure itself is much, much smaller than Burning Man. Like this year was, we
were anticipating a big one, I think around 12 feet. I mean, once I guess we could measure
what's still there. So it wouldn't. Yeah, just logistically that doesn't really make sense given
physically how it is.
Speaker 2 [00:02:09] So, what kind of wood do you use for your...
Speaker 1 [00:02:11] So, this year was reclaimed wood from who's shop? This man's
shop right here. He is the artist. And last year was two by fours, untreated two by 4s and
OSB. And the previous year was bamboo that we had harvested. Oh, and 24 was also
strawberry guava harvested when cleared out a waterfall from 23. 23 was the... Bamboo
from that waterfall.
Speaker 2 [00:02:43] So this year was it untreated wood as well?
Speaker 1 [00:02:46] Yeah.
Speaker 3 [00:02:48] Yeah, it's a little hard to do. That is my thought.
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Speaker 2 [00:02:54] So about how much wood.
Speaker 1 [00:02:59] Five? Yeah, it was 500 pounds of wood.
Speaker 4 [00:03:04] If I may, because I don't know that this any statement from the
audience makes it in the record if you could Answer the hearings officers question with
your understanding as to whether this year's was untreated
Speaker 1 [00:03:14] Yes, my understanding is that this year's wood came from a
participant's wood shop. It was untreated wood.
Speaker 2 [00:03:21] Okay. We heard some testimony from people who were concerned
about Native Hawaiian culture and the impact of your ownership of this land has on
Hawaiian tradition and culture. In your many times walking around your property, did you
ever see any remnants of anything that might be archeological sites? No. Did you ever
study up on the history of the property, what was going on in the property? In the 19th
century before the sugar cane companies took over and bulldozed the land. Do you know
if your title has any land commission awards in it?
Speaker 1 [00:04:07] I don't know.
Speaker 2 [00:04:27] So what did you think about my questions about bathing in the
stream? Do you think in the streams is that going to be any kind of health risk for people?
Speaker 1 [00:04:35] Um, okay. So I did, when I bought the property, do kind of a deep
dive on leptosporosis because I'm aware that that's a danger. Unfortunately, there is no
rapid test for leptosporosis and it comes and goes pretty quickly. So when there's a, when
there is a heavy rain, the urine from the pigs, because the, the soils here are not, I think
loamy is the word. It doesn't filter well. It just sort of runs across the surface into the
streams. So after a very heavy rain, it's, again, I'm not a, that's not my technical expertise.
That's when the risk is highest. But no, the test for leptospirosis in water takes about 30
days to complete. There's no rapid PCR version because the concentration isn't high
enough. Leptospiroses can be treated with doxycycline and yeah, you can do it
prophylactically or after the fact, you have about 30 day. We do have doctors on site who
can advise people about that.
Speaker 2 [00:05:41] So in your opinion that wouldn't be a risk to participants who come to
your celebration.
Speaker 1 [00:05:47] It is a small risk. I mean, I have looked up the risk of leptospirosis in
streams. It's small, but it's non-zero.
Speaker 2 [00:06:02] Yeah, I don't have any further questions. Anything further?
Speaker 4 [00:06:07] Nothing from the applicant.
Speaker 2 [00:06:11] In dreamers. I thank you. Thanks. OK, shall we take a 10 minute
break and you can call your next with.
Speaker 3 [00:08:28] Okay, all the healthy stuff.
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Speaker 2 [00:17:10] We're going to call the hearing back to order, and Mr. Chip Chase,
you're going to call your next witness.
Speaker 4 [00:17:17] Yes, we call Roger Uchima. You did, which I realized later, too. I
think we could handle that procedure when Mr. Achima is done.
Speaker 2 [00:17:42] Okay, well, let's have Mr. Chime do that, and let's Mr. Tepe attest to
the authenticity and truthfulness of his testimony that he already gave. Mr. Chima, do you
promise to tell the truth today? I do. OK. And could we have Mr. Tepe? Miss Tepe, do
attest to the fact that your testimony was authentic?
Speaker 1 [00:18:10] I told the truth and-
Speaker 4 [00:18:12] Yes, yes. Roger, would you please introduce yourself?
Speaker 5 [00:18:19] Hi, my name is Roger Uchima. I am the sole proprietor of Indy Tree
Ranch.
Speaker 4 [00:18:26] Where did you grow up, Roger?
Speaker 5 [00:18:29] Um, right on the Hamacook coast, 13 miles out of in Honolulu.
Speaker 4 [00:18:34] What kind of work do you do?
Speaker 5 [00:18:39] I run a ranch, I have cattle ranch, and then I have a trucking and
heavy equipment excavation business.
Speaker 4 [00:18:48] And for the. For those businesses, do you lease land that's owned
by Andrew Tepper?
Speaker 5 [00:18:56] Yes, I do, 1,500 acres.
Speaker 4 [00:19:01] Tell us what ways you use the property.
Speaker 5 [00:19:05] I have a herd of 600 head. It's a cow-calf operation. I mean, I kind of,
it's a, we call it an intensive grazing. So the cattle is, you know, it, not intense, meaning we
hit the ground, but we, it's smaller area where the cattle move every day. So the rotation is
done. We call it intensive, where it's just moving all the time, though. So the ground
doesn't, you don't have a 200-acre parcel that gets pounded for three weeks, you. It's a 20
or 30 acre parcel that gets, for the day it'll be there, the next day it will move to the next
one, to the the next, before you know, we have 68 parcels. Before you get to the first one,
your paddock already got 63 days of rest.
Speaker 4 [00:19:54] So you're constantly going up there and moving the cattle around.
Do you also have a portion or also use a portion of that land to store equipment that you
use in the ranch?
Speaker 5 [00:20:07] Yes, I consider them all my ranch equipment. I mean, easy to repair
the roads. I mean in times like these, the roads get washed out. We, you know, we gotta
go and fix the roads, keep them maintained.
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Speaker 4 [00:20:20] Give us an idea of the kind of equipment you store up there for your
ranching operation.
Speaker 5 [00:20:25] A couple small dozers, a mini excavator, I'd say a midsize excavator
and I have my rollers and my farm tractors that I use to mow and whatever I may need to
do here, and my trailers.
Speaker 4 [00:20:44] How long have you been leasing the land for cattle operation?
Speaker 5 [00:20:49] From Andy.
Speaker 4 [00:20:50] Well, leasing that land.
Speaker 5 [00:20:51] That's right, since 2009.
Speaker 4 [00:20:54] And was that before Kep Ye bought the land? You mentioned a
trucking business as well. Have you stored trucks on that same area of property that you
have your farm equipment?
Speaker 5 [00:21:09] Yes, I did.
Speaker 4 [00:21:10] And when did you start storing trucking equipment on that portion of
the property?
Speaker 5 [00:21:14] I want to say back around maybe 2016.
Speaker 4 [00:21:18] And was that before Teppi bought the land? From 2009, until Teppi
bought the land, did you have any trouble with any owner related to any neighbor, I should
say, related to your cattle operation? What about related to the? Trucks that you kept in
the area where you store your farm equipment.
Speaker 5 [00:21:51] Any problems with them?
Speaker 4 [00:21:53] Yeah, just up to the point where Andrew brought the land. And after
Teppi bought the land, did you, have you had any trouble with any neighbor? At all with
respect to the cattle operation.
Speaker 5 [00:22:14] Not to my kettle operation.
Speaker 4 [00:22:16] And have you had any issues or heard any concerns from any
neighbor? With respect to the storage of trucks in the area where you keep farm
equipment.
Speaker 5 [00:22:28] Yes, I did. I do. I did or do, I don't know what you'd say, what you
call it.
Speaker 4 [00:22:34] Which neighbors, if any, have expressed concerns or objections?
Jim. Any others?
Speaker 2 [00:22:50] And we've heard a lot of things.
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Speaker 4 [00:22:57] Well, I mean, I can address it. One of the questions or
considerations is impact on surrounding land use, land surrounding properties, and the
fact that no other neighbor has raised any concerns with respect to the operation suggests
that there aren't impacts on the surrounding properties. And so that's the purpose of the
question.
Speaker 2 [00:23:20] Okay, go ahead.
Speaker 4 [00:23:26] Roger, when did you first receive any complaint or concern from Jim
regarding the storage of trucks in that area where you also keep farm equipment?
Speaker 5 [00:23:39] I want to say it's about three years now, but I wasn't with him. He
turned me into the planning department and they came up and told me that I can't keep my
vehicles up there.
Speaker 4 [00:23:54] So since you got that direction from the planning department, have
you moved those trucks to another location offsite?
Speaker 5 [00:24:02] Yes, I did and I notified when I did it. I noted Mark Guillermo from the
planning department. He came up, did an inspection and sent me a letter that I was in
compliance.
Speaker 4 [00:24:13] And since you received that letter from the Planning Department
confirming compliance, have you moved any of those trucks back onto the property for
storage?
Speaker 5 [00:24:23] Not for storage. I'll go up with them when we have work to do up
there or I mean if I'm on my way home and I gotta go do my cow because I gotta go up
there every day. I will go up in my truck, do my moves or whatever I gotta do, check my
cattle, check my horses and I'll go back down and I will park at my yard. They will never be
stored up at the up at the ranch since I've been given that notice.
Speaker 4 [00:24:55] Since you've had to store these trucks off-site, how has that
impacted your operations?
Speaker 5 [00:25:03] I mean, now it's kind of like, it was a convenience for me because I
had my vehicles there or whatever and. I can't park there, so I gotta go down to my yard,
which is about four miles away, which is out of the way, and then I'll come back to go do
my cattle if I need to. But note in my, being me having my truck and my equipment there, I
don't know if this has anything to do with it, but right before I got noted to move my
equipment, there was an incident where there were two accidents. County couldn't
respond fast enough. The friends, a friend that, it was a cattle trader that flipped over, they
called on me. I grabbed my truck, I grabbed machine, I went down and flipped that trailer
back over to open up the road. There was another incident and another truck flipped over
right by the end of the same thing. So I mean, having my equipment there was, I think, I
mean a plus for everybody.
Speaker 4 [00:26:06] Roger, have you had a chance to use or have you used your
equipment to help other neighbors as well?
Speaker 5 [00:26:12] I helped every neighbor up in their area, including Jim.
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Speaker 4 [00:26:19] Roger, now that you haven't been able to keep those trucks on the
property, am I right that you'll have to bring them back onto the property if you need them
for some agricultural-related use? Yes, I do. And otherwise, if you're driving the vehicle
and you're coming to tend to the cattle, you'll bring them on the properly, but you don't
store them there.
Speaker 5 [00:26:39] No, I don't. I was, I made a sure note that when I was told I couldn't
keep my vehicles up there, I made it clear that I cannot keep it there, but there's no law
saying that I can't drive it to go up to my ranch to do what I have to do and leave as long
as it's not stored.
Speaker 4 [00:27:04] And Roger, when you were storing the equipment there, did you
need a larger base yard or bigger space or did you just store them in the same area you
were already storing farm equipment?
Speaker 5 [00:27:15] Same area. It's pretty much consists of a lot of it is consisted of the
old cane road that we're using and my corral and everything for the ranch is all in that
same area
Speaker 4 [00:27:28] Roger, does the storage of those equipment on that area where you
keep farm equipment, does that in any way negatively affect your ability to conduct a cattle
operation on the property?
Speaker 5 [00:27:41] No, it doesn't. I mean, to me, it's a positive, because when I have,
for any emergency, whatever, I have the equipment there to do. If I have a cow that may
die or whatever, I have equipment there going buried, you know, if I need to.
Speaker 4 [00:27:58] Roger, are you aware of the falls on fire event that Teppi has put on
at the property and would like to continue doing? Yes. Does that event or has that event
had any negative impact on your cattle operation.
Speaker 5 [00:28:14] None, no negative impact.
Speaker 4 [00:28:17] Do you anticipate any negative impact from future falls on fire events
on your cattle operation?
Speaker 5 [00:28:24] I don't see any future negative events.
Speaker 4 [00:28:31] I wanna go through just a handful of photographs from you, or from
you with you from intervenors exhibits. I'm looking at the set of exhibits, except for the one
that has been excluded, in intervenors exhibit H. Do you have that in front of you? Yes. So
if you look at the first photo, Roger, the title is Indian Tree Ranch and Rentals, LLC. You
see that? Yes. Is that one of your companies?
Speaker 5 [00:29:03] That's my...
Speaker 4 [00:29:05] And what is the rental in Indian tree ranch and rentals? What are
you renting?
Speaker 5 [00:29:11] Well, when I started this business, I had my ranch and I had my
trucking and my equipment. My, what do you call it, my... Financial advisor you say where
my accountant told me to cover my Myself I needed to separate my ranch and my my
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trucking and equipment business So that's why I added on I have an Indian tree ranch and
then I have a Indian tree Ranch and rentals LLC everybody gets mixed up that it's a rental,
that I rent equipment. I never rent any of my equipment. You can talk to people that know
me well, or whatever, and people call me to rent equipment, but I tell them the rental is,
when they rent the machine, I run it. I come with the machine. That's who you rent.
Speaker 4 [00:30:05] They're renting you.
Speaker 5 [00:30:07] With the machine.
Speaker 4 [00:30:09] And whether it's Indian Tree Ranch and rentals or just Indian Tree
ranch, it's you. Yes. And so if we look at this photo, there's a truck and attached to that as
a trailer looks like, and then there's piece of equipment on that trailer.
Speaker 5 [00:30:22] Yes, that is one of my equipment. That's my dozer.
Speaker 4 [00:30:25] Do you use that in ranching operations? Yes, I do. A lot. And if we
turn the next page, we see another picture and there's another piece of equipment. That's
my excavator. Do you that in the ranching operation? Of course, yes I do And if look at the
next picture, it's titled ITR Roller.
Speaker 5 [00:30:44] Yeah, what are we looking at? We've repaired roads. I mean, there's
no sense in leaving it uncompacted. So we compacted down to make the road.
Speaker 4 [00:30:52] On the ring.
Speaker 5 [00:30:53] Here on the ranch.
Speaker 4 [00:30:55] And if we look at the next one, we see ITR truck with telehandler.
Speaker 5 [00:30:59] Yeah, that's my telehandler.
Speaker 4 [00:31:01] Use that in ranching operations.
Speaker 5 [00:31:02] We use that up on the ranch, we have two of them, Andy owns his
own and I have my own. We use it up on a ranch and I take it out to do stuff for myself too.
Speaker 4 [00:31:13] If we look at the next one, ITR skid steer.
Speaker 5 [00:31:16] Same thing, we use it a lot on the ranch to smooth out the roads and
Andy has one of his own and we share it between us.
Speaker 4 [00:31:26] And if we look at the next photo, title is ITR dump truck. And if you
look at date, it is the 25th, or 2025 and it's July 31. Do you remember what you were doing
at this time?
Speaker 5 [00:31:39] I recall this day that Andy had me go repair some of the roads up on
the property and doing some of those repairs I needed some material to make the road,
you know, make it good and better, make better the road and Andy always gives me the
okay to do whatever I want to do. I mean if I need material go get it, you now, so that's this
on the 31st we were preparing the road, I think, for the. The gathering so we went up and
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fixed part of the road and I know my other truck came up that day because I caught two
trucks.
Speaker 4 [00:32:14] And so this picture, and I think you're looking at the next picture, ITR
dump trucks, am I right that you're hauling material up to fixed roads on the property? Yes.
If we look at the next photo, ITR dump trucks off pavement dash neighbors lot. Do you see
those?
Speaker 5 [00:32:33] Yeah, but I mean, he's probably just waiting for traffic or whatever,
isn't it?
Speaker 4 [00:32:38] Well, so that's my question. Is there are occasions where you have
to pull off the road?
Speaker 5 [00:32:43] Oh, common courtesy, if there's another car coming, you're gonna
pull on the side, right? I mean, that's what I do.
Speaker 4 [00:32:50] And if we look at the next picture, it's titled service and support
vehicles, fuel delivery. Yes. Do you need fuel for your farm equipment? Is this an example
of fuel being brought in for your farm equipment? If we look at the next picture, service and
support, truck tire delivery, you see that? Yes. Does your equipment need tires?
Speaker 5 [00:33:16] Yes, they do.
Speaker 4 [00:33:17] You store some of those tires.
Speaker 5 [00:33:19] I keep them up in my container up at the ranch storage container.
Speaker 4 [00:33:25] If we look at the next two pictures titled impacts air pollution one and
impacts air pollution two, do you see those? Roger, did there come a time where a
complaint was made to Department of Health regarding any sort of emissions from your
trucks?
Speaker 5 [00:33:42] Yes, there is. I've had a letter, certified letter sent to me. For
whatever reason, the air pollution. And they came out. I actually went to the office to visit
the lady that's in charge, Cheney. And she's noted to me that the note that I was turned in
to the Department of Health. They brought in videos to try and clarify that I'm air pollution
or whatever they call it. I was never, I was told in the letter that I was not in violation of, of,
for any reason.
Speaker 4 [00:34:30] And do you recall, is that because they are, these are diesel trucks,
which have.
Speaker 5 [00:34:34] Yeah, this is the old 2001 diesel truck with 250,000 miles, you know.
What do you expect? This picture shows me with a machine on it. I mean, you're going to
expect some smoke out of the truck.
Speaker 4 [00:34:53] I'm sorry to cut you off. I just noticed the planning director alerted me
that we seem to have lost our online feed.
Speaker 3 [00:35:06] Thank you. Sometimes what happens is you have to find it. Thank
you very much. Thank you.
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Speaker 4 [00:35:25] We left on our side.
Speaker 3 [00:35:26] That's good. That's not coming through. Is it helpful to be able to talk
with the tech side? Yeah. Since that is over, is it necessary to drop it in? In the nuts. We'll
put it in now. Well. Thank you.
Speaker 2 [00:35:40] Well, did we offer people to attend by Zoom?
Speaker 6 [00:35:45] Yes, no, it's a big test applying to be advised over here.
Speaker 2 [00:35:49] And view.
Speaker 6 [00:35:49] So, yeah, give us a few minutes. I don't know if you can hear me,
but I don't think you lost your feed. Claudia Roar here.
Speaker 2 [00:36:35] Claudia, do you think that Zoom is working fine?
Speaker 6 [00:36:42] It's working fine. I don't see anything wrong. I've been sitting here all
day.
Speaker 2 [00:36:48] And see you all as well. Okay, how about you, Kahanu?
Speaker 6 [00:36:50] See, watch my hand. I can see everyone.
Speaker 2 [00:36:54] You can. Does that mean that it's still being recorded? It is still being
recorded, so the only people that can't see ourselves are ourselves. Definitely. I'm sick of
looking at everything.
Speaker 6 [00:37:17] Yes, my screen says recording.
Speaker 2 [00:37:21] Eight hours, 12 minutes. Very good, thank you. Okay, very good. As
long as they can see us and we're recording, I don't think we need them. Let's give them
another 10 minutes and see what happens. Do you think we need to fix it? I mean, if it's
being recorded and the public can still attend the hearing. Okay, thank you.
Speaker 3 [00:38:38] Yeah, it's just a computer that runs everything to show that it's
recording and you just want it to stop.
Speaker 6 [00:38:52] May I make a point of order? At the top of my screen, it says it's
recording. It's counting the minutes, seconds. That's test testing. Recording!
Speaker 4 [00:40:19] Pick up where we left off, Roger. You ready to go? Sure, yes. All
right, so we were just wrapping up your discussions with Department of Health and you'd
confirm that these are diesel trucks. You're understanding that those trucks have a
different standard for emissions than gasoline.
Speaker 5 [00:40:36] And I mean, we've had multiple officers come up because I've been
reported for it, but they've approached me and they told me that I'm not in any violation of
any kind.
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Speaker 4 [00:40:51] Turn to the next picture, Roger. Impact surface road damage. Do
you see that? I think you went one too far. Will know it. So the title is impacts road surface
damage. Do you see that? Yes. Is there any indication that any of your vehicles caused
this damage to the road?
Speaker 5 [00:41:13] Though I don't think there's any damage, I mean any more than
anybody else that goes up.
Speaker 4 [00:41:21] If we turn a page or so and see impacts road shoulder damage, is
there any indication that
Speaker 5 [00:41:30] Is there any evidence that it's from my trucks? Right. Is there?
There's no evidence that is from me or my trucks.
Speaker 4 [00:41:39] How about this next one? Impacts road damage.
Speaker 5 [00:41:44] I mean, those holes are there. They've been there for how long
we've been trying to fix them, and they're just getting bigger by the weeks.
Speaker 4 [00:41:54] If we look at the next picture, Roger impacts road damage. Do you
see that? Yes. And that looks like a picture of one of your trucks. Is that fair?
Speaker 5 [00:42:05] But there, I mean, could we safely say that there may be an
oncoming car? So we're, you know, coming courtesy, go to the side, let the car come
down.
Speaker 4 [00:42:16] Is that what everybody does on this road?
Speaker 5 [00:42:18] That's what we all do.
Speaker 4 [00:42:21] Roger, you had mentioned efforts to repair the road. Are you aware
that there have been efforts to repair and maintain the road?
Speaker 5 [00:42:29] Yes, I mean I've been a part of it and just recently I can see I have a
video. Witnessed one of the neighbors that can clarify that the roads are fixed but being
dug out.
Speaker 4 [00:42:48] Do you know who's been digging them out?
Speaker 5 [00:42:50] Video Shows Gym.
Speaker 4 [00:42:52] I have no further questions.
Speaker 2 [00:43:03] Okay, interveners are going to be asking some questions now. Be
sure to turn your mic on.
Speaker 7 [00:43:08] Yes, I believe Mike is on. Okay, so Mr. Uchima, you outlined all the
kind of a list of vehicles that you.
Speaker 8 [00:43:20] Own.
Speaker 7 [00:43:23] How many pieces of equipment do you have?
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Speaker 5 [00:43:30] I can't count them and I'd say a dozen.
Speaker 7 [00:43:32] A dozen but the permit is for my understanding is for a maximum of
six
Speaker 5 [00:43:38] Vehicles, I don't think the
Speaker 7 [00:43:41] So that's what I'm trying to say.
Speaker 5 [00:43:42] Heavy equipment is not considered a vehicle.
Speaker 7 [00:43:44] It's not considered not a vehicle. Okay, so a vehicle is a dump truck.
I guess something that's road legal, something you can drive on the state highways is
considered a vehicle? Is that what your definition of the storage vehicle is? The vehicle.
Speaker 5 [00:44:04] Truck is yesterday, we drive them on the highway.
Speaker 7 [00:44:08] Right, so how many dump trucks do you have? Five. Five dump
trucks. And you have, do you any other road legal vehicles that you operate?
Speaker 5 [00:44:18] I have all my pickups, my ranch vehicle, my branch trucks.
Speaker 7 [00:44:25] What about your large vehicle that you have pulling the trailer?
That's.
Speaker 5 [00:44:35] Yeah, it's legal, it is a legal vehicle.
Speaker 7 [00:44:37] But it's another, but it's not a dump truck. It's, it's, it's.
Speaker 5 [00:44:41] Well, I have three dump trucks and two...
Speaker 7 [00:44:44] Okay, I just wanted to, so two other trucks besides dump trucks,
okay. So you intend to store all those vehicles on the subject property?
Speaker 5 [00:44:57] The permit is granted.
Speaker 7 [00:44:58] If the permit's granted. For the other vehicles, the other pieces of
equipment you have here, the backhoes, the rollers, I think you mentioned you had a
roller. You have the trailers, you had an excavator. Those are all used off the property for
commercial use? Nope. They are not? Not all. Which ones are used? For that you all
depends on what.
Speaker 5 [00:45:33] In a job I'm doing.
Speaker 7 [00:45:34] Right, but they're used off the property.
Speaker 5 [00:45:39] What do you mean, off the property? I use them on the property.
That's why they're there, to do repairs or whatever I need to do. But when I'm called to do
other jobs, then I'll take what machine I need, if I have it. Otherwise, I'll rent one.
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Speaker 7 [00:45:54] Right, but those are, those are used, you actually use those, you're
not exclusively used on the ranch, that's correct.
Speaker 5 [00:46:04] What do you mean, exclusively use? Well, you can use them else.
They're there, that's what they're there for.
Speaker 8 [00:46:20] Okay, all right.
Speaker 7 [00:46:34] Uh... How many employees you have to operate your uh... Your
Speaker 5 [00:46:37] I don't have any.
Speaker 7 [00:46:39] So you drive all the five trucks yourself.
Speaker 5 [00:46:42] I have independent, I contract out, they're not my employees.
Speaker 7 [00:46:46] They're not your employees, but they're operating your equipment.
Speaker 5 [00:46:49] Yes, my truck, not my equipment. I run my equipment
Speaker 7 [00:46:52] Okay, so you have contractors that, so there are other people beside
yourself that are going to be operating your vehicles.
Speaker 5 [00:47:02] Yeah, they're contracted out.
Speaker 7 [00:47:06] How many, how many vehicles would be contracted or to get any
given time.
Speaker 5 [00:47:13] Because I'm driving the other.
Speaker 7 [00:47:18] How many, so you only have one vehicle that's contracted at a time?
Speaker 5 [00:47:22] Yes, because I'm driving the other most of the time.
Speaker 7 [00:47:25] So you run two at a time. So two at time, so out of the five, you run
2. And where is the materials that you're hauling with the dump trucks typically kept?
Speaker 5 [00:47:46] I pick them up from the quarries.
Speaker 7 [00:47:48] And the quarries are located where? Is there any quarries in our
area? In Hamakua Coast?
Speaker 5 [00:47:56] Does that matter?
Speaker 7 [00:47:58] I mean, where is your service area? How, which area? I'm island
wide. You're island wide, so you'll move materials from one side of the island to the other.
Speaker 5 [00:48:08] Yes, they do.
Speaker 8 [00:48:13] Um
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Speaker 7 [00:48:20] You say you used your vehicle to rescue, form a rescue of someone
who had flipped the vehicle on somewhere on our road. I'm not sure exactly where it was,
but.
Speaker 5 [00:48:32] Right off of the highway.
Speaker 7 [00:48:33] What piece of equipment was used to do that.
Speaker 5 [00:48:36] I lose my little bit to take my equipment down to flip the trailer back
over.
Speaker 7 [00:49:09] Okay, so did the Indian Tree Road at any time have speed bumps
on the road, since you've been there? Speed holes, not humps. No speed bumps. Speed
bumps. Yeah, speed bumps. You know what speed bumps are? Oh, they're.
Speaker 5 [00:49:25] Oh, there are speed bumps way before...
Speaker 7 [00:49:27] Before you got there. Again, and where are those speed bumps
now?
Speaker 5 [00:49:34] I was told by my landlord prior to Andy to take him off the road, and
that's what I did.
Speaker 7 [00:49:41] And if you took them off road, where do you put them?
Speaker 5 [00:49:44] Right on the side of the room.
Speaker 7 [00:49:46] Okay, so you remove those speed bumps.
Speaker 5 [00:49:49] I was told to do it by my landlord. What does this have to do with my
SP, Special Land Use Permit?
Speaker 7 [00:50:02] Uh, because, uh, it's a, it is a road maintenance issue. Uh, I mean,
he's, he is accusing me or accused me of interfering with road maintenance and he is
actually himself damaged our road in the past, uh whether or not he claims he had
permission of the previous owner, we have no, again, we have under reasons or we have,
no way of knowing the reasons why, but we do know that he was the one responsible for
removing those people.
Speaker 3 [00:50:27] So I'm going to... Okay. I'm sorry for that. Thanks.
Speaker 7 [00:50:39] Part of the damage that resulted in the popples is the result of the
removal. We believe it's the result to the removal of the speed bumps. Because these
were cast and play. OK, well, that's your opinion. Yeah, they were cast into play speed
bumps, so when you remove them, there's very little underneath them, so they eventually
create a hole.
Speaker 5 [00:51:05] Can I say that those speed bumps were put on the ground, the road
wasn't even paved back then. So there was no damage to the pavement.
Speaker 2 [00:51:16] Good, thank you.
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Speaker 7 [00:51:17] But there were drainage structures that were put in place to move
water from one side of the road to the other because the road has drainage issues in some
places.
Speaker 2 [00:51:30] Well, let's move on.
Speaker 3 [00:51:42] Hmm
Speaker 7 [00:51:54] Okay, so you're claiming that your vehicles are not responsible for
the damage that was shown on the slides What about your, but I'd say to say that your
vehicles are probably the largest and heaviest to be present on the road.
Speaker 5 [00:52:13] I don't know. I'm not sitting there watching who goes up and down
the road.
Speaker 7 [00:52:17] Well, you're a freaking rogue user, so you're as good as...
Speaker 2 [00:52:20] Okay, he's answered the question. Let's not argue with him.
Speaker 7 [00:52:46] Yeah. Are you planning to continue to operate the same vehicles
that you've been operating, like the highly polluted trucks or polluting trucks that we saw in
the pictures?
Speaker 4 [00:53:00] I haven't objected all day, but I got to object to that form of the
question.
Speaker 2 [00:53:04] Okay, it's sustained.
Speaker 7 [00:53:10] So I believe all your trucks operate are roadworthy, are diesel trucks,
is that correct?
Speaker 5 [00:53:18] Every truck I own is a diesel truck.
Speaker 7 [00:53:21] We saw the fuel truck going up to your property. How much fuel do
you store on the property?
Speaker 5 [00:53:29] Anywhere from 300 gallons of diesel to 300 gallons of gas for my
four wheelers. And then for my equipment, I have the red dyed fuel.
Speaker 7 [00:53:40] For your equipment so you don't store any road diesel there.
Speaker 5 [00:53:45] I have some road diesel too, for my pickup trucks that I drive.
Speaker 7 [00:53:48] That I drive. Okay so you're storing you said 300 gallons of sorry
gasoline and and 300 gallons of diesel? Yeah. And road diesel or off-road diesel?
Speaker 9 [00:54:02] I'd like to object to this line of questioning the fuel storage is not a
matter that's covered by the special permit and the type of fuel that's used by the
applicant's lessees vehicles is not a matter for this permit.
Speaker 2 [00:54:18] Okay, well, I think we've had the answers already, so.
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Speaker 7 [00:54:22] Do you have permits to store fuel on your property?
Speaker 2 [00:54:25] They're portable tanks, we don't need storage permits. Okay, so I
think that's the end of that line of question. You can disagree with him on whether or not
he needs a permit for that, but he's giving you his opinion.
Speaker 7 [00:54:38] Okay, so on to vehicle maintenance. You do also perform vehicle
maintenance within your, on the subject property as well, like repair. Any. I have a garage
that.
Speaker 5 [00:54:51] I have a garage that I rent that I'm doing my repairs at now.
Speaker 7 [00:54:55] Say again, you have a bite on your eye. I'm just asking about the
subject property. Are you
Speaker 5 [00:54:59] No, I don't.
Speaker 7 [00:55:00] So you don't replace tires? You don't do any other repair? No, I
don't. Thank you very much.
Speaker 9 [00:55:21] We just have one question just for clarity's sake. Can you identify for
us the six vehicles that are planned to be stored on site, assuming that the permit is
issued?
Speaker 5 [00:55:32] Meaning I have three Kenworth dump trucks and two tractor trucks. I
don't have six, but in case I do buy another one in the future, you know, that's why we
asked for six.
Speaker 2 [00:55:45] Got it, thank you. Well, if he stores sex, he doesn't have to have the
same sex every single day. He can have any sex. I don't have any questions.
Speaker 4 [00:56:01] I don't have any questions.
Speaker 2 [00:56:03] Do you have any more witnesses?
Speaker 4 [00:56:05] Now, subject to rebuttal, we rest.
Speaker 2 [00:56:09] Uh, interveners.
Speaker 7 [00:56:20] We'll begin our presentation then. So how are we going to run our
slides and slideshows? Did we just call up slides or the exhibits?
Speaker 3 [00:56:44] Yeah, I thought I put it in the exhibit.
Speaker 7 [00:56:53] Yes, beginning with Exhibit A. Okay, do you have them? I guess we
don't have Zoom or anything like that right now. Okay, I guess I can get started before we
pull up the exhibits. I just want to acknowledge the great testimony we heard this morning,
the people who took the time out of their day and obviously put a lot of thought and heart
into providing testimony this morning. It was very insightful. In fact, I've attended many
planning
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Speaker 2 [00:57:34] Okay, I don't think we need to have testimony about the testimony. I
think it was wonderful that the public came and had an opportunity to express their views.
And I have paid close attention to everything they said. I think we should move on to the
evidence.
Speaker 7 [00:57:51] So a little bit about us. We moved into the area in the end of 2019.
We bought a 23 acre farm located on Indian Tree Road. As far as I, at the time, I think,
and we're pretty much the only property that's occupied that's immediately on along Indian
Tree road. There are properties. That use in the entry road that have lines that people live
on them. But there's basically three parcels that are crossed to connect.
Speaker 8 [00:58:35] Okay.
Speaker 7 [00:58:36] Okay, so we have the map being projected now, okay, so I can start
speaking to that.
Speaker 2 [00:58:43] Okay. I just want to clarify. You're saying you're the only ones
besides Mr. Tuppy who actually live on. Cause a lot of testimony was that people live
there.
Speaker 7 [00:58:53] Yeah, well that's what I was going to say. Mr. Tepe, there's currently
no permitted dwelling on Mr. Tepe's property as far as I know, so there's no one living
there. It's really just a ranch and a heavy equipment base yard at the moment. There are, if
you start from the belt road, just for point of reference, I guess my map has turned 90
degrees relative to the map we saw earlier from Mr. Pippen, where north is north or to the
top and kilos to the south or below us. Indian Tree Road there is shown in yellow at the
top, and it's crossing our property. But before it crosses our property, it crosses another
neighbor. We call that Lot One because it's our subdivision. That's the Lot One. And
Farmer John and Iris own that property, operate an orchard, and they have a warehouse
operation For their mostly sweet potato operation, but they don't live there. So we are the
only parcel along Indian tree road that is currently is used both as a farm and for a farm
dwelling purpose.
Speaker 2 [01:00:20] Okay, so are you saying that nobody else lives there permanently
besides you folks are.
Speaker 7 [01:00:25] Are along the road there are other properties nearby that are also
sometimes they use indian tree road to access the property you'll see the immediately to
the right of mr teppi's property there are a couple you may see them in in the picture there
images of of some dwellings those are the some of the probably perhaps the dwellings
that are the most closest to Mr. Teppi's property and certainly the closest ones to the base
yard operation all right as you can see from the picture there it's pretty much the area is is
blessed with a lot of good agricultural soil so you see a lot of farms small farms around the
area and and so on Um, the Indian tree road is a, is a private road. And it crosses those
three parcels. There's a separate easement document or easement for deed of deasement
across each property. So for our lot, there's a deed. And for the other lots that are along
Indian Tree Road, there are different deeds. Mr. Tepper has access, you know, parts of
Indian Tree Road. He has also access to other roads as well. So that's when we were
asking a lot of questions with regards to Mr. Pippen and the lack of a map showing exactly
how Mr. Tepper, the applicant, was supposed to access his property. It was out because
we know that Mr. Tepper has multiple deeded easements between his property and the
public road, several roads in the area he can possibly use. And therefore our contention is
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that this is relevant, very relevant information, both to the planning department and all to
the other government agencies that would be reviewing the permit to make sure that they
understand exactly what roads are going to be used. And so on, right? Obviously, because
we're here, we're interveners, we are very well in fact that Mr. Tepper has decided to use
our road, right, but we were not, we had trouble conveying, you know, we weren't sure,
and we're still not sure, if the government agencies were adequately informed that that
was going to be the road that would be used. Can we move ahead to the next slide,
please? Yeah, the next line, that's the next life. And not in the next exhibit, the next light on
that in that presentation. That's a separate document. I'm referring to, there's two slides in
the first exhibit. Previous appearance. Okay now we'll talk a little bit more detail about our
farm. Here we have the outline of our property is Shonan Halu and it's basically a zoom in
of the previous map that you just were just looking at. Indian tree road again, as you can
see bisects in middle of our property. It's Probably about 1,400 feet of it is within the the
bounds of our properties and it we have things organized right now where we have
orchards on one side of the road and Right now we have a small pasture that's on the
south side of road where you see the future orchard is is indicated there. And you have the
location of the residence and other buildings on our property in relationship to the road. I'll
let my wife Li Jing here talk a bit more about the farm and its operation. So with that I pass
the mic to her. And I guess what exhibit would you like to do?
Speaker 2 [01:05:17] Okay, can I so as I'm looking at this map, the red line is your
property. The red lines blue lines.
Speaker 7 [01:05:29] And the Indian Tree Road, again, is the yellow line that passes right
through roughly the middle, not exactly, but more or less kind of in the middle of the
property.
Speaker 2 [01:05:41] Okay, so then for this map here, which roads are you claiming would
lead from the highway to Mr. Tepper's property?
Speaker 7 [01:05:51] Well, there's even more than what's shown here. The Indian tree
road easements are E-11, E-12.
Speaker 2 [01:06:00] Okay, I think it's clear the Indian Tree Road leads to his property.
Which other ones start at the public road and end up entering his property?
Speaker 7 [01:06:11] It would be Kalaloa Camp Road, which is the road to the south. And
those are the, we didn't, it's, let's say again. Yeah, Onahee Loop, yeah, sorry, and to the
north, there's another road called part of Onahhee Loop, which is the next subdivision to
the North of us on the other side of the Hanami Stream. And there may be others, that
those are three that we know of.
Speaker 4 [01:06:40] So with that offer proof, I maintain my objection to the admission of
this exhibit. There's no evidence that there's actually any access rights over those roads
for Tepe Mountain, or that accessing or the ability to access over other roads is relevant to
this proceeding.
Speaker 7 [01:06:56] Okay, thank you. Okay, let's move on. Okay, well, I could, oh, yeah,
oh anyway, the, but the, it's verifiable in ISD, wouldn't it? I mean. Okay. Again, I will pass
the mic on to my wife.
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Speaker 6 [01:07:15] Okay, so going to exhibit C, just a very quick intro of what the farm
is. I will not go over every single slide, just so that we have some idea that. The farm is
predominantly water. So this is actually a picture taking from looking down the road. So the
road is what we're talking about, the easement. And the farm's called Pinapino is actually
the name of native Hawaiian dance of fly. They were unique to Hawaii, found nowhere
else on the planet. And another feature I just want to point out when I go over there is that
I know in the Plain Department review talking about ecological impact in wildlife, and we
mentioned E.O. We have a breeding pair living in our forest because we have agroforest.
We have observed them six years in a row, and the row being so close to the forest. So
just please keep that in mind. So, I don't think we can go to the second page, I think. We
are okay with this. So let's just keep going on the third page. You sort of see the farm map,
I just want to emphasize that the road is really in the prime part of the farm. So any of the
trees, the cows, the barn is so close that anything happening on the road word fact. In fact,
I always smell diesel whenever... Mr. Rogers, which she must try even though I'm in the
back of the forest because this is really narrow. All right, so we can go to the next slide. It
shows that we actually invest money in Hawaii. We build a barn and we're harvesting the
cacao which was abandoned before we arrived. And the next slides, we're showing a little
bit of history, how we have increased the production of cacao to a level, and I have also
invested significant amount of time to get trained as a farmer and learn about different
technique. And this is presentation actually to show that would prompt me to effort, and
we're going from just simply growing cacao, to trying to develop cacao processing
capability. So, actually, I think I'm done with this exhibit. And I don't need to show it, but
safe to say, I actually won the grant from GoFundAmerican Egg Credit. So, we build our
fermenters, we built our drying racks. So, I have a picture, whether it's, See, kakao. So the
cacao being drying outdoor picture. Just to give you an idea, so this is, this cacao process
is impacted by the environment. I have, I actually referenced a paper which you don't really
have to read. It's all about cacao production, making chocolate, but it emphasized that it's
a very unique. Unique crop, it's not like selling any commodity, it's like wine, it is like your
environment, your air, your water, your soil is what produce a unique flavor to your cacao.
And the cacao processing is a drying process. This is exposed to the air for 15 days and
the beans absorb whatever in the environment. So that's why we're very concerned about
the quality in general of the farm environment along Indian tree roll and how this roll should
be used, whether it's appropriately supporting the activities that we're proposing. Um, I
think that's it. That's it for me.
Speaker 7 [01:11:52] So what other crops are we growing on the farm?
Speaker 6 [01:11:56] So we also have banana and also I grow all the bread fruit trees. I
plant every single one of them, 51 of them and it's been a third year just start harvesting. I
also have a homestead that's also growing various kinds of fruit and vegetables. I signed
up on farm to car program so I hope they are selling some of the produce.
Speaker 7 [01:12:22] Okay, thank you very much. Okay, so let's see here, just give me a
second while you grab the next exhibit. Yes, could I have exhibit H, please? The the the
revised one will just have page numbers, so it's not that important probably Okay so one of
the the two uses that the applicant has proposed as we've heard multiple times is this a
heavy equipment base yard operation now it's it is a bit unusual to have to kind of deal
with two distinct uses in the same special permit application but that's kind of the challenge
we have to deal with here it's trying to balance the two the two applications at the same
time. It's sometimes. You know, not clear when you're talking about impacts or anything
like that, which particular use it's being referred to as a kind of a challenge. That's why I
think it's very rare to see a special permit application where multiple uses are combined in
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the same application. Anyway, so as the, and let me talk a little bit more about the road.
First of all, it's a single lane paved road. And as you can see by the first slide there
showing the truck, and Mr. Chip Chase and Roger already talked to these slides a little bit.
These images were taken in front of our home, I guess, or near the barn. And you can that
this vehicle is taking out most of the width of the road. There's not much room left for a
passing vehicle. That has been an issue, you know, especially for larger vehicles such as
the one that Mr. Uchim is operating, if someone needs to get out or whatever, there are
very few turnouts along the road, so it is a bit of a challenge to deal with the traffic loads.
Right. And as. My wife had mentioned the sensitive nature of the cacao operation. We're
trying to grow, you know, because of the high input costs of agriculture in Hawaii, we can't
just produce a commodity crop. We have to produce the highest quality possible. And
therefore, in order to satisfy or to justify the high price, it requires a high quality. And it is
challenging. To do both the farming of a high-quality crop and also the processing. Cacao
and some of the other products pretty much require on-site processing in open air
environments, unfortunately, and therefore, we are very concerned about the surrounding
air quality. Now, with the road, back to the road again. And there is very little way in terms
of space there, as you can see. You know, this issue has come up in the past and if, you
know, we have more and more vehicles on the road as the traffic increases, there's really
no plan in place. There's no – remember, this is a private road. We'd have no HOA. There
is no road – even a road maintenance agreement. Uh, there is no you know, there's no
formal way for us to deal with a lot of the safety and liability issues that comes with owning
a road on your property or having a road on your And then on top of that we have to deal
with a lot of the cost The maintenance of the road, people have indicated that I'm seen to
be against the maintenance of road, which is completely far from the truth. My wife and I
spend approximately two hours a week just dealing with the vegetation along the road.
Mowing the grass, dealing with the vegetation and so on. You can go look at over a year,
that's several thousand dollars with the labor, and that's just covering a section of that
road. We're not getting any money back from any of the other road users at all. At the
same time, we have to deal with people who are speeding on the road. We have to be
able to deal with people who are maybe intoxicated on the roads, doing all kinds of maybe
questionable things on the row. We can't, we had no police enforcement either, right?
There's nothing, we can't call the police. And complained that someone is speeding on the
road or someone was driving recklessly on the road. Because the police do not patrol the
roads and do not force traffic laws on our roads. We have tried to mitigate that by adding
signs, signage, and as well as speed bumps. However, Some of the other road users have
interfered with that and either removed them or damaged those things. Alright, so focusing
on the, I think, because Cal and Roger covered a lot of this, part of what I wanted to show
with these slides is the type of vehicles that we're dealing with. We're dealing some of the
largest vehicles you would probably typically find on a road anywhere. The road is
probably not engineered or improved to the point that it can easily handle these vehicles.
And I just wanted to make that point, all right. Can we just quickly go through the slides
one more time? And so, yeah, so here's a backhoe, again, the same, I guess the same
truck is hauling them up the road. And again, same sort of, just like finally was giving an
idea of the range of equipment that the applicant has, but we've already addressed that.
So let's just. Present every goes through except for everything for the last slide as Cal has
objected to the last line. The one thing I will just basically speak to that I wanted to show
with the last slide basically was the fact that because of the the slope and so on, we have
to deal Oh, by the way, this this came up with Mr. Uchima claimed that the vehicle was
parked on the side of the road. It's not uncommon for him, it wasn't uncommon when he
was operating these trucks on the road. Because remember, some of these pictures were
taken before the notice of violation, before when he is storing these vehicles without the
permit on the ranch property, He was running those vehicles very regularly off the side of
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the road Now, the issue we have specifically with this section of the road is that we
actually have our utilities buried under where the truck tires, the orange truck tires are
presently shown here. That orange truck is driving over buried utilities that carry our
electricity and communication lines from the public road to our property. All right, and
reason why we objected to the terminology of the calling the application, the use of vehicle
storage is because there's more than vehicle storage going on, right, it's a true base yard.
What my definition of a base yard is you know, you have vehicles coming and going on a
very regular basis, you have servicing of vehicles, refueling of vehicles. You know, a base
yard, a vehicle storage, you know, I mean, that it could be a car dealership, Jay Leno's
garage, you, know, it kind of implies that the vehicles are placed there and remain there for
long periods of time, which is not, as Mr. Uchima said, is not the case. So, I object to the
terminology used. Now, the question of diesel emissions, again, this is, you know, this
something we have to deal with on a daily basis, maybe multiple times a day with Mr.
Uchima going up and down the road with his vehicles. There are huge clouds of smoke.
I'm not surprised that you've gotten complaints. I think we probably are. When we have a
complaint, she would.
Speaker 6 [01:22:36] It really shouldn't have a smoke that's so dark, so huge pool, that
you can't actually you can see. You can see that it's going by, if this were on the street,
this would be dangerous.
Speaker 7 [01:22:51] Right, and obviously this is not something you want to see on your
property, right, on a regular daily basis, multiple times a day, to have to deal with these
huge clouds of soot and smoke no matter where you're living, whether it's an agricultural
situation or anywhere. I mean, this is completely unacceptable. Okay, now don't show the
last slide, please. I just wanna say that one of the other issues we have to do with is
constant noise. I believe, and I'm not a heavy equipment operator or a truck driver, but Mr.
Uchima drives his vehicles down the road, and when he does so, he often employs what's
called engine brakes, or I'm sure most people around here are called Jacob brakes, Jake
brakes. And in many jurisdictions, those have been banned because they're so noisy. And
typically, they're not often they're not needed. Because of the fact that you're dealing with
a truck that's lightly loaded, or maybe because it's going down the slope. These are empty
trucks, and it should be going at a low speed. So the need for jake brakes in most
situations, especially on our road, is unnecessary. We believe that he is using them
excessively. For the express purposes of annoying us. But the issue is, this is, again,
another impact of dealing with the noise. Mr. Uchima's operation, by the way, is not
constrained to any hours of the day, business hours or anything like that. There's nothing
in the application to, or in the recommendation from the planning director to constrain his
hours of operation. He can run his vehicles all night long as far as the recommendations
concerned. So that's a concern. And that noise is not, of course, an immediate impact to
us because of the proximity. But it's also been noticed by our neighbors as well in adjacent
streets. And the other impact you have with dealing with these large trucks is the vibration.
Again, because of poor engineering of the road, and the proximity of the house, we feel
the bike, we had the whole, every time one of his large trucks goes by, the whole house
shakes. So it is, makes it a very, you know, annoying or uncomfortable situation to have to
deal with that on a regular basis. Now the, what's showing on the slides here before we
move on is the road damage. Um, now- I used to be, when I was in the military, I was
assigned to a military engineering unit and we did do a lot of road construction. And from
what I recall from my training is that the amount of damage that roads is proportional to the
weight to the power of three, cubic three. So that means pound for pound, a heavy truck.
Is going to be significantly more damaging, especially a loaded truck, on a road surface. I
think that's pretty much common sense. Most people would expect that, even though,
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yeah, there are more tires involved, but the weight is still extreme. To cover a wider area
and so on. So we believe that most, and these damages, by the way, are not just on our
property, but also, because we also use the road, that's our easement access as well. We
also depend on the road and its easement to access our property from the main highway.
So we have to travel through all those roads too. And I haven't seen Mr. Tepper or anyone
else. Making any repairs to that particular section of the road that's located between our
property and the main highway. To be clear, I'm very much in favor of repairing the road.
This has a lot of negative impacts to us. Of course, we have to drive over the same
surface. The issue with us, though, it has to be done properly because it's not done
properly. We'll have issues, other issues such as drainage issues off the road, we'll have
dust issues off the roads, because a lot the repair work has been done using gravel and
gravel roads. Are going to emit a lot of dust or they've been used with other unapproved
materials such as quick creek concrete which has not been prepared or set properly so it it
doesn't last very long we know that the material it becomes a fugitive material it it leaves
where it was placed in on hole and departs and ends up on the side on our land in the
orchard. You know in places that we don't want it on the grassy areas. We're trying to
maintain with our mowers We don't have you want to have to deal with rocks or other
debris there. It makes our Maintaining the road much more complex Unfortunately, mr.
Tepper and some of the other owners have not reached out to us and and and Discussed,
you know what we want to do with the road in terms of maintenance. They just gone
ahead and done these things and they've done them to a very poor standard. And as
consequently we've had impacts due to poor maintenance. And also we just haven't, we
also have the liability issues as well as I mentioned earlier, because that's always a
random variable when you're dealing with private roads, right? Yes, if you look at
easement deeds, they will tell you that the landowners and everyone, who they're guests
on the road and so on, it's pretty much the user road at their own risk, and you wouldn't
expect to be dealing with a lot of lawsuits. But that kind of rationale, it kind of falls out the
window if you start having large commercial events, especially on the end of the, on using
the road as well. So there is some, and for that reason, we carry a fairly hefty umbrella
policy to deal with any potential claims. I don't know what the other landowners do, but that
is something that we are very concerned about in that regard. The other thing comes to
safety. Remember, we had, we tried, we, there used to be speed bumps there. We had
floated the idea of, of adding, of adding some of the speed bumps back with several
neighbors. And we were told that if you put the speed bumps back, we'll remove them.
Because we have concerns, you know, typically the speed limit for roads in our area, you
know these local roads are typically around 15 miles an hour. And we frequently see
people going 50, 60 miles an hour up and down a road, you know, with one cell phone in
hand and, you now, and distracted and so on. And as I said, no police, no enforcement. So
we need to look at other means of regulating the speed on the road. Okay, next slide.
Again, these are exact examples, and obviously you don't see Mr. Uchima's vehicles or
any other vehicle in the picture, but you can obviously tell that the type of trier tracks that
are making that at least they have, it's at least a truck of some sort that has driven off the
road and made that damage. And you saw in an earlier slide there were one of Mr.Uchima
struck where it was. In the area where the damage is showing next slide, please Again,
this is some more damage of this can pass over this one for now next slide Is it? Okay.
Never mind. No, I thought there's one more. Okay. Yeah. Yeah. Okay, that's it right there.
Okay? Yeah, again, this is, you know, and I think Mr. Uchima said, well, maybe there's
opposing traffic there, but yeah, that's often true. But again, the damage is being done to
the shoulder. We're dealing with, you now, any time a runner vehicle on and off the
pavement, it's destroying the edge of the pavement. It is damaging the shoulder, making it
hard to maintain and lowering the life expectancy of that road. So our opinion is based on
the proposed use, I think it's and based on the county's own standards for, you know, non-
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dedicatable public roads or private roads, it should be two lanes. We really should be to
lanes. Of course, that's going to be fairly expensive. I would be willing to compromise and
just have a single lane road with adequate turnouts or pullouts to at least allow vehicles to
safely pass each other at the appropriate points along the road. Along with signage and
speed bumps and so on. So I think we've made reasonable concessions there. Next slide,
please. That's it, right? Okay. Okay, can we go to the next presentation, please? Yeah, so
the next one will be falls in fire. Okay and the first slide okay yeah okay so um as is
mentioned these uh the falls and fire event has been going on for roughly well this we just
had the third uh event this past week so three years um it started off small um and um and
and mr tepper did as he mentioned in his testimony he did reach out to the neighbors to
indicate that he was going to have. Some sort of a camping. I think he could put up the
email, which we have in an exhibit just in case, but I think basically what it says is that he
was going to have a group of friends from Burning Man that were going to get together and
camp on his property. I thought it was odd at the time that he would reach out to us
because, you know, I thought, well, if it's this private, you know, camping event, you know,
and it's small, who cares, really, right? I mean, it's his business, you know, so I thank them
for letting, letting us know. And then I brought up the issue with the road, I think, but, you
know, I even mentioned some other events that had taken place on the property before he
purchased it that were even larger than what he was proposing for his own personal
weekend. But once that weekend arrived, it was, you know, the experience, there was, it
wasn't just a simple small group of friends. It was, I think, if I recall, over a hundred
participants. And it was at that particular year, it was extremely loud and noisy. The music
went on for several days. So it was... A greater impact than I was led to believe based on
his email. And I told him, I thought at that time, I think he needed to have a special permit
for what he was going to do. Because I didn't feel comfortable having such an event taking
place near me that was unpermitted simply because I knew that it was going to have
significant impacts on our property. I had heard from, you know, I hadn't... I have heard of
Burning Man, you know, on the mainland, but I had really no direct personal knowledge of
what it was all about. I did take the time to educate myself in terms of what is, its 10
principles, some of the other things, like it was the gross rate of these events. One thing
that Mr. Tepper, I believe, was hiding from us was this intent to not just have a informal
camping experience with a few of his friends, but he was actually planning to have an
annual event that he would grow in size year over year and basically become a regional
Burning Man style event. And that really concerned me and I knew that it would also
concern many of my neighbors. So I basically reached out to him and asked them to file a
special permit. And I think we had some disagreement at that point. And I just checked my
email. He claimed that in his testimony that I didn't actually file a, well, the notice of
violation for the 2023 event was not issued. This was event occurred in November of 2023.
The notice of violations, according to his testimony, I believe was issued in June of 2024. I
didn't confirm that, but I did confirm the time that I sent the complaint into the planning
department. My complaint was sent in approximately one month later in early December of
2023. So I didn't wait eight months until I felt that perhaps some of the cordiality between
us had broken down and used that as a weapon to get back at him for any reason. It was
simply I, you know, if he. I told him if he wasn't going to apply for the special permit, I
would basically, my recollection is I would file a complaint, which I did. And this is the
reason why we're here, because of the fact that the complaint eventually forced the issue
to the point where he did actually file the special permit. And so on. I wasn't expecting that
he would file a special permit for both his event and the heavy equipment operation, but in
any case, these are, this is what's taking place. So anyway, so let's, so some of these
images here, let's continue on. There's some other, that's I guess these are images that I
pulled off, you know, that someone had, I would, I didn't attend the event, so these
pictures were pulled off social media websites. And so on. This is, I recall seeing the
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materials used for this effigy, I guess, or whatever it is, a stuck, I think it's Bernhardt, to be
more correct about it. And then there was various forms of entertainment. This is by the
way, this is now where I believe, this is a 2024 event. This is the last year's event, which
was also unpermitted and occurred after Mr. Teppra was served with a cease and desist
letter. From the planning department to stop this event. He ignored that letter and went
ahead with his event anyway. I think he explained why, but again, he did go ahead with it.
Now, you can see some of the constructions that are taking place. I guess I don't know if
that was the same structure we saw on the previous slide, but it looks similar. But
obviously, if as an engineer, I would be concerned about the stability of that structure. I
probably would advise someone with probably the county's building department to be
involved in dealing with these sort of structures. I would be concerned of public safety at
that point, you know, if the structure were to collapse or, and so on, right? I mean, this is
typical. I mean it sounds kind of bureaucratic and arduous, but I look at something like this
and I'd be very concerned about its stability and so. Anyway, next slide please. Oh, it is?
Okay, I thought I had a picture of the, I also had a recording, I thought it had a pictures of
the truck that was moving the materials up there anyway. All right. Okay, so what's I guess
I did send revised set of slides. I thought I thought there was more to it than that Uh, or
there's even that slide set. Yeah, okay Yeah, this should be, this is light set I. Okay, well,
okay. Well, no, yeah, okay, so this is this is the 2025. Okay, this is, this looks like a more
complete slide set. Okay. So you know, this is, I gathered this these images off our
security camera that we have on the road. So this is just give you some idea. I mean,
there's a lot of other traffic on the during these events, then that is used by the purely by
the attendees. There's a lot of traffic and days involved in set up because the set up
occurs obviously before the event, the actual scheduled event. So there are a lot, and
each of the, or a lot the camps, I understand, have their own construction, their own,
again, it's subject, it it's up to the participants how much set up is needed, what they're
planning to do. Some people will be. You know involved in in the setup of the event itself
the logistics, you know putting up the toilets other infrastructure That needs to be take
place as part of the vent, but there's also a lot of traffic going up with construction materials
tents Whatever is needed by the individual camps during the event as well and that all
occurs Prior to the event and same thing at the end of the van There's a take down period.
So there's going to be a lot traffic truck traffic other vehicles, removing all of the equipment
to trash, and of course the porta potties again, back down the slope. All right, next slide
please. Again, yeah, so this is the evidence of the materials that were used being hauled
up the road for last year's event. Okay, next slides. And you know, and the traffic occurs all
night. Last year was particularly bad. I mean, this year was probably better. It was the
traffic, there was less traffic at night. But the traffic in 2024 is pretty much continuous, day
and night, in the wee hours of the morning. As I had mentioned in some of the cross
examination, we had damage to the gate. We have a gate, or I guess we used to have a
functioning gate, I should say, at the bottom of our road against the main highway. And I
noted that at some time late in the evening that the gate had been forced open and the
mechanism broken. And probably the thinking is that people we had effectively gate
crashers. I believe Mr. Tepper had his registered participants, the people who had signed
up, but I had encountered a lot of people on the road who had, you know. Come up to me
and say, and ask for directions to the event. They had informed me that they didn't have
tickets or any, you know, but they were going to try to get in. Well, evidently, because I
never saw them come back down the road, they were allowed to stay. So this is an issue
we have with potentially crowd control on our road. The other thing that Mr. Tepper, that
we discussed during the cross-examination for this. Is the fact that there's a security issue.
Mr. Tepper has security on his property, and he will, I guess, if necessary, that security will
eject people out of his property and where are they going? They're going into our property,
or that of our neighbors, immediately afterwards. And are these people, you know, are
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they intoxicated? Are they gonna be upset that they were ejected from the event? It
basically becomes our problem after. They leave his property and that's a concern for us
you know because they're going to have to travel through our property again and we have
had lots of incidents lately where people have been i don't know upset for whatever reason
and just beeping their horns in the middle of the night while they're traveling down the road
coming down from the event in the These are all night events. In many cases, if you look
at the schedules that are published for some of these events, the music doesn't stop on
some of these nights, they're continuous. So you have that noise. You have the traffic
noise. You have people with their boom boxes going up and down the road blasting music
as well. So it really changes things to the character of our neighborhood. Um, you know, I,
I last year, I thought, you know, Mr. Tepper had opened the largest, uh, you know, outdoor
nightclub. It felt like I was more in, uh on a, you know, uh in, in the red light district of
Amsterdam or some other place where there's a lot of, you know, a lot of traffic, uh going
up and down the road. Um, or, you know, of that nature at night, right? Uh, you know,
partiers and so on. All right, next slide, please. I had an opportunity to talk to a lot of
people. In fact, that's me in the background there. I had to post myself along the road to
make sure that people safely navigated their way to Mr. Tepper's property. This year was
no exception. I spent some time along the roadmap because I noticed some of the people
entering a road that I'm not familiar with. Actually went and drove into the orchards not of
our orchards but our neighbor's orchard and got lost and one person had to be almost
made to the bottom of the hanami stream before turning around and so again you know
and then so you have a lot of people whatever they're pulling their you know they're trying
to follow their their app their whatever navigational aid on their phone because they're not
they haven't been to the event before and getting lost so these are the kinds of things have
to deal with. This is one of the, I guess, part of the setup. I did talk to not just the person
who was driving that vehicle, but also subsequent to people remanning that, I guess booth,
I guessed they were, it's a pirate ship and they were going to be hired there to sell drinks
or whatever as part of that event. That's what I heard from the people I had talked to on
that road. So Mr. Tepper accused me of stopping. Going on. Stopping some of his guests
on road I did stop a few of them if I thought they were behaving badly or speeding or doing
whatever but most of the people simply approached me and asked me asked them for
assistance in locating his event and while I also use the opportunity to talk story and to find
out more about who they were and what they were doing and this general Talk story. All
right, next slide. So one of the things I think the vehicle load is much higher than what Mr.
Tepper has alluded to in his slides. He says 200 vehicles and for 500 participants. I believe
from the 2024 event, I've estimated about the five to 600 vehicles entered or entered exit
Indian free road between November 6th and November 12th. That would have been
associated with that event because as I mentioned earlier, there's a set up and then
there's take down, right? And there's about 200 unique vehicles. And this is the time when
I believe the attendance was supposed to be about 200 people, according at least to the
official documents. So I noticed that probably on average there's two people per vehicle.
So my guesstimate is between 350 and 400 people based on what I could come up with
for the roadblocks. By the way, our security cameras re-license plates and there are some
limitations there, but if anything, it would be an undercount because there are always
vehicles where the plates are illegible or the conditions are such that the plates cannot be
written or even a few vehicles that have no plates whatsoever, so they cannot be
recorded. But it also We also noticed a lot of vehicles who had recorded entry, but no exit
and vice versa. So we have the assumption there is at least some of the vehicles were
using other roads to access the property. Next slide, please. Okay. That's one. Okay. So
that's, that's pretty much it. The as I had a few extra slides in the revised presentation, but
because Mr. Kell chip chase had had objected to some of them. I don't think it's the all I
wanted to show was mainly be it was the evidence from this year's event. Which took
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place kind of at the last minute and that's why I had submitted additional testimony at the
last minute because his event had had recently concluded I believe on Monday, you know,
just a couple days ago. So from this year compared to last year, obviously I noted that was
another unpermitted event and I had sent in another complaint into be the planning
department. But I did notice, again, a significant increase of traffic. And so on you know
and and associated many cars calling camping gear burn art and other materials um the
noise this year compared to last year was pretty much the same as far as i could tell Oh,
you found the slides, okay. So again, here's some of the burn art that I guess I understand
that was being transported up to the site as part of the setup this year. Okay, so I can go
on to the next slide. Okay, and you know, there's other vehicle other vehicles associated
with the event to then then just simply road legal vehicles. He unfortunately also operates
a lot of UTV is going for unknown reasons going back and forth across our road. You
know, this more of a recreational use, I guess, in some cases. Again, that's kind of another
traffic load that we have to deal with. And as I mentioned, you know, discussed as well
with Mr. Tepper and the cross, a lot of, we had, obviously we had a lot of rains this
weekend and it gives you some idea what the, you know the, obviously they're, these
vehicles traveled through a lot mud and these were just two of the many vehicles that, so
we have to imagine that there has been significant erosion or at least damage to the
vegetation covering the soils, and therefore you have a lot of soil runoff. That gives you
some indication of some of the problems that are dealing with the heavy rainy area that
they're the event is occurring in. All right. Yeah, the only other thing I'd like to add is that
the traffic volume was slightly higher than last year, again, from the same camera logs that
we were able to discern from. I think this year we're about 810 vehicles versus 600
vehicles last year or vehicle trips. I didn't count the number of unique vehicles, but it
represents, just for a relative measure, It means that the traffic load is typically for, this
was. The peak load was about 180 vehicles in a single day, which is about three to, about
four times before, at least four times more than our typical traffic volume on a Sunday for
our road. But one positive thing, I noticed there was a lot less nighttime traffic this time
around compared to last year. There was a few vehicles came down in the middle of the
night, but not the constant back and forth that we observed last year All right. Okay. And
the other the other thing too was I think last year I mentioned that we had found some
trash or what we believe is debris along the road that occurred after the event. So I don't
know if that material had you know it was dumped there intentionally or it fell off someone's
vehicle but it was placed on the side of the road. It consisted of a wheel of some kind I like
you find on maybe a small vehicle. And then some lumber. I don't know where that came
from, but again, it's, and this year I haven't really spent too much time to check, but I don't
believe there's been much trash or anything like that dumped on our road this year. Okay. I
think that's about it. I mean, the other, the only other thing is, you know, the, you know,
we've had some issues with some of the Mr. Tepper's, I guess, organizers, or his staff,
people who have been on our property. We did notice an uptick in well notice well we had
a series of unfortunate incidents that took place on a road involving certain individuals
associated with the the falls and fire event we had some damage to personal property
when one camera that was donated to us by the hawaii county for security purposes was
damaged or vandalized we had one road sign that was pulled down and tossed in off the
road. Um, we had, um, some other materials that had been stored near the road had been
thrown, uh, tossed. In, in fact, one piece had been stolen, uh, but was recovered because
it had fallen off the vehicle that, that was trying to escape away with it. Uh, we've had
people joyriding along the road and, and, and yelling and screaming at us, um you know,
and basically taunting us, uh knowing that we are in opposition to this event, and, um,
Speaker 4 [01:55:36] I'm going to object at this point. This, I think, goes beyond what you
allowed him to do.
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Speaker 7 [01:55:41] Okay, I think it's time to wrap it up. Okay, so the point being, without
going into specifics, is that one of the biggest concerns we have at this event is security.
You know, you're going to have a lot of people in a short period of time, many people that,
because of the number of people, there's no way that the organizers can vet all these
people, know their background. Know that they're they're going to be nice or whatever. I
mean, even themselves, they've taken their own protections by hiring security. So, you
know, and have their own, I guess, rangers. So they are preparing themselves for put the
possibility at least, which is good to see that they are, you deal with problems that could
occur at an event like this. What we are what we're missing in this in this is the the bigger
plan to deal with the impacts to these types of activities in their surrounding community. In
terms of how we're gonna deal with property damage, how we gonna deal all the nuisance
issues to the neighbors that can occur from something like this. And there's no real
solution, right?
Speaker 2 [01:57:01] Okay, are you?
Speaker 7 [01:57:03] Going on to the next, the only, yeah, I think that's, that concludes
that presentation. So the basic goal here was just to give everyone an idea of kind of the
use and kind of the impacts of each of those uses have on our property.
Speaker 2 [01:57:29] Well, you will have an opportunity to file closing papers, closing
arguments. So to the extent that you've kind of moved into closing argument in terms of
what you're going through it, do you have any more evidence?
Speaker 7 [01:57:48] Um... Not evidence. I have some additional evidence I could bring
up, of course. I'm just trying to strategize if I want to bring that up now.
Speaker 2 [01:58:05] Well, now is the time for evidence.
Speaker 7 [01:58:06] Right, yeah, I understand that. I see, I see. No, no, no. Okay, I think
I've spoken too much of the impacts. All right, that's I think we've covered that already. So I
just want to is anything else you want to cover. I wanted to cover some of my testimony
from from last year from Last year's windward planning committee meeting. As well. It's
part of the There are several aspects that of this application, other aspects of this
application that also concern us. One of the issues was proper notification to the
disrounding property owners and also to the public at large. This special permit process is,
you know, I think reasonably clear in terms of the requirements. There's rules that are
published in regards to what is supposed to happen. One of those requirements is that
there's supposed to be a sign posted on the property. Notice of the special permit
application and that notice is supposed to remain visible and posted until either the permit
is approved or denied. There was an attempt by, I believe Of Indian Tree Road, which is
not on the applicant's property, which is against the rules. It's supposed to be on the
applicant's properties. It was kind of good in a way that it was placed on a public road as
opposed to. A private one, but the unfortunate impact is obviously because of the
opposition, other opposition to the sign, it appeared to have been pulled down, not just
pulled down once, but pulled down twice. We don't know who did it. You know, I certainly
would have supported the sign being there because it did, you know, again, help to get the
out that this application was was out there. But the point being is that that sign should have
been placed legally on the applicant's property. It was not. I don't know. And we can
probably ask the planning director later if what evidence he has that the sign was properly
posted or not. The other aspect to this is that One of my contentions is that in the
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application itself and the letters that were sent out to all the government agencies, as I
repeatedly talked about in some of the cross-examination, was that it clearly did not show
the location of the event and the access to that event. Again, those are also required by
the special permit application process. And that information, the information that was
provided as we saw in the exhibits that was provided by the applicant, the map did not
show the location of the subject property in regards to the easements, the access that was
on the exhibit A of that easement. Was for obviously for a different easement and a
different area. Perhaps it's on Mr. Tepper's property, but it's not the easement that is
involving Indian Tree Road. Uh, the other thing that, um, the other point I like to make that
immediately comes to mind, um is the, um the Hamakua, uh, community development
plan. Uh, I get Mr. Pippin had listed several of the, I guess, conditions or not conditions. I
mean, uh I, the terminology, I think they're objectives, um objectives of that plan. That are
supposed to apply. There's also in the Hamakui development plan often just refers to
elements of the general plan. The general plan being the county wide plan as opposed to
the plan that's just covers this district. There is one particular section that I brought to the
attention of Mr. Pippin is that basically. You know, and I will argue that this, first of all, in
my argument, the base yard is an industrial use, right? So there is only, and industrial use
is not permitted on agricultural land without a special permit. That's clear. There is even in
question as to whether or not it is permittable on agricultural lands. And we can address
that later, but. It is an industrial use and it's the only place, the only type of zoning where
you could have that operation, it would be on an industrial zone lot. And there is very few
of those lots in our area. And the Hamakui Development Plan basically stipulates and uses
the word shall. This is a legal meaning shall. It doesn't give any leeway here. It's a may or
must or should. It says shall, that industrial uses should be located in areas that are served
by adequate roads and infrastructure. And the, as we've. As has been presented already,
the roads are substandard. In fact, I probably should talk a little bit more about that
wonderful intersection that we have. And in section, can you pull up that exhibit for me,
please? And I am not.
Speaker 2 [02:05:19] You have made a complaint to DOT about that.
Speaker 7 [02:05:22] Yes, and I've revised those slides that you did.
Speaker 2 [02:05:25] But you did make a complaint to DOT, right?
Speaker 7 [02:05:28] Yes, I did. I made that complaint.
Speaker 2 [02:05:30] And did they ever respond to you?
Speaker 7 [02:05:33] Yes, they did. The district engineer responded, and he said he'd
sent out a crew to take a look, and they did, and all they did though is, and a result of that,
they've started better managing the vegetation better along. That's what I've observed is
one of the issues was that, you know, the vegetation was not cut back. You know, we have
hamakua, the, vegetation, and guinea grass and so on. Grow back very aggressively. You
have to be almost continuously persistent to keeping it down. Otherwise it overgrows.
Speaker 9 [02:06:12] I'd like to object to discussion about the intersection with Indian Tree
Road and the state highway. The county special permit has no authority to exercise any
jurisdiction over a state road and a private road.
Speaker 2 [02:06:28] He has already made a complaint to DOT with experts and have the
responsibility. To take care of that, and they did do something, it sounds like.
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Speaker 7 [02:06:39] Yeah, although, yeah, and I did.
Speaker 2 [02:06:42] So I think that that's the proper place to bring bring it up where? To
do to well we did okay, but and the point being that
Speaker 9 [02:06:50] The point being that there is nothing, the county has no jurisdiction
over this intersection and it's not a matter that's covered in the special permit. So I would
recommend that we move on from this. We now have an hour and a half and the county
cannot do anything about that intersection So I would argue that it is irrelevant to this
discussion.
Speaker 7 [02:07:10] County may not be able to do anything but the state can at least
well, but this is not a state. Yeah, but
Speaker 9 [02:07:15] The state is not a party to this and I would really object strongly to
continuing any discussion here. We have an hour and a half left.
Speaker 7 [02:07:22] But it wasn't wasn't.
Speaker 2 [02:07:25] You did submit your pictures and you have given us an update on
the DOT complaint that you made and I think that we have enough information based on
your pictures and what you've already told us to evaluate whether or not this is relevant
and whether I mean the county can't do anything about it so well and they're the experts
so I
Speaker 7 [02:07:55] But in the process of special permit, a number of government
agencies have contacted to offer comments on the special permit including the state
agencies. It's not all the local agencies, right? There's the Department of Health. Okay,
but- There's the Department-
Speaker 2 [02:08:13] All right, but you did contact D.O.T. Yes, they have been contacted
and they did whatever they did.
Speaker 7 [02:08:20] Right, bye.
Speaker 2 [02:08:20] Oh, have you gone back to them to complain again?
Speaker 7 [02:08:23] Uh, there was, uh, I, yes, but in response to the second one,
because the, had at the time I had contacted them, the, had, uh the, the director had just
been replaced and they had, anyway, I haven't gone back to them recently, but the
problem persists, not just with our intersections, there's a few other intersections nearby
that have the similar issue. We're not unique in that sense. Okay. Well, I think we can
move on. Yeah. But as I said, that is a high concern. Because I- Okay, I think-
Speaker 2 [02:08:53] Okay, I think you made your point, you gave the pictures, you
showed the pictures and you made the complaints to the proper agency.
Speaker 7 [02:09:01] Proper agency. The only other point I'd like to make there though is I
had made that observation years before the uh the application was for the special permit
the extra traffic that is as a result of all of the increased use. So if anything this complaint is
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more relevant now because the fact of the proposed increased use and traffic significantly
increased use traffic And on top of that, we're going to be dealing with a lot of visitor.
Speaker 9 [02:09:31] I would ask again that this line of discussion be stopped. The
county's position is not that the intersection is safe or that the traffic is not increased or it's
not relevant, but it is not relevant to this proceeding. The state is not a party. The county
cannot do anything about that intersection.
Speaker 7 [02:09:49] I think that we need to move on. Okay. But to clarify, we're here to
decide whether this, this, whether you're going to recommend or deny the, what you're
gonna make a recommendation to approve or dis-
Speaker 2 [02:10:01] Well, what we have for evidence from you is that you've made
complaints over many years. I don't know, eight years, and DOT has done what they've
done. They're the experts on that intersection, and they have taken the steps that they
deem appropriate. So I think we need to move on.
Speaker 6 [02:10:24] So that will make this event or the heavy equipment rental base are
not suitable because.
Speaker 2 [02:10:32] Okay, I think you've made your arguments, okay, and you've made
your argument to DOT too, so I think you pursued all avenues open to you to make this
complaint. And I think we should move on to any other things that you would like to add to
your evidence that you're presenting now.
Speaker 7 [02:10:56] Yeah, I mean, the only other, I guess, to close is that we have, of
course, the state and I guess well the state and the county, you know, controls the uses of
the property. So it's all within their rights to go in and decide what is appropriate to be used
on the agricultural parcels and so on, including Mr. Teppers. They also have the public
road. The issue we have is what's in between, the connecting piece of our road, our
private roads, our community, our easements. We feel that the state and or the county in
this case is overreaching in many of the recommendations because they're basically
interfering with our easement grants. They have no power or no authority to get involved in
there. But you see some of the recommendation that they make.
Speaker 4 [02:11:52] This is argument, not testimony. This is soliloquy.
Speaker 2 [02:11:55] Okay, Mr. Schiff, that's exactly right. As I explained to you before,
you are entitled, I will allow you to file an additional memorandum, making all these kinds
of arguments. So that's why I asked you, do you have any more evidence? Right. Okay, so
we wanna make sure that if you have anymore evidence, you've submitted all your
evidence, your arguments. You can still make all your arguments in your. Final
memorandum that you submit to me.
Speaker 7 [02:12:28] Okay, I would then ask my partner if she has any last things she
would like to add.
Speaker 6 [02:12:36] Actually, I had some more questions, but I think they are not
necessarily evidence per se, so... I may just present those questions given what I just
heard today in the memorandum. That's the.
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Speaker 2 [02:12:56] You can present if you have questions that you feel the applicant did
not answer, you know that's fair for you to say, we didn't get answers to these questions.
But now he's through testifying, you had your opportunity to cross-examine him at the time
he testified, so his turn to testify is over.
Speaker 6 [02:13:23] Right so yeah the question arise after the the second witness
provide the feedback then I realized there was question I should have to go back the first
witness but that's I respect your
Speaker 7 [02:13:43] It's going to be easy to call it.
Speaker 2 [02:13:48] What's your question? Give me one example.
Speaker 6 [02:13:51] One example is the one of the condition is on road maintenance and
we talk about how the some picture need to take before after the event and then the
applicant will repair any damage and also there will be like repair damage caused by the
heavy equipment operation. But we just also heard from Mr. Uchima that he caused no
damage. So that I would like to know that means there is no repair on the heavy
equipment. Rental-based yard use.
Speaker 2 [02:14:34] Okay, I think that that issue has been addressed, maybe that you
disagreed with what they're saying and they disagree with what you're saying, okay? But I
think we've heard a lot of testimony already about the road repair. I mean, there's
testimony that road repair was done and there's videos of you folks digging out the repairs
And there you can see a little bit of a difference. And there, you can actually see the
difference. There's testimony about whether or not Mr. Ushijima is responsible for potholes
that we see, but you don't have any. Actual proof. You do say that other people are driving
up and down the road too fast, that there's other trucks and other kinds of vehicles going
up and down the roads. So there's no definitive proof. You might consider talking to the
neighbors and getting people together to do a more in-depth road repair, but that is
definitely not part of the special.
Speaker 6 [02:15:48] I just want to clarify that point.
Speaker 2 [02:15:50] Okay, but I think you've had all your pictures, you did make your
point about the deterioration of the road, what the solution is. Mr. Tepe has said that he is
willing to repair the road after the events. But I don't know if he wants to do that. When he
repairs the road, you guys are digging it back out. So I think probably the best plan would
be for you to talk to him directly and maybe.
Speaker 7 [02:16:34] Folks can work something else. I object to the word digging it up. I
mean in most cases the material is poorly placed and dug itself up. Because it wasn't
stable enough and certain vehicles went over it, it's dispersed.
Speaker 2 [02:16:50] Okay, but you did say that you did dig some of that up, and they do
have you on.
Speaker 7 [02:16:55] The reason why is because there was a valid reason in terms of that
I knew that material would end up in an orchard if it wasn't removed from the road,
because it wouldn't stay in place for any length of time. It was inappropriate materials
using appropriate methodologies to repair a bottle. That's all I have to say.
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Speaker 2 [02:17:24] Okay, so I don't think that question needed further.
Speaker 7 [02:17:32] Yes, I understand, Madam Hearings Officer, but I object to being
accused of damaging my own road. I've done what I thought is best for the road and I
have proposed a much better long-term quality solution that I know will be able to make
everyone happy. The issue, except for the cost, that's always been the issue, it's the issue
of money. Right, no one wants to pay for the road. And that's the challenge we have to
deal with and and the the fact that, you know, I said we're in the middle of this. You know,
we have the applicant. We have the planning department issues the permits. We had the
us in the Middle of this that's going to live with the consequences of whatever way it goes.
And I feel that we're to some extent by the county being thrown under the bus. I really feel
that in terms of the lack of support empathy to deal with the kinds of because these these
subdivisions are substandard they were it's not our problem that the you know that the the
way the subdivisions evolved right these are poor decisions made by the county years ago
I mean not I'm not blaming the individuals that are serving. I'd like to object.
Speaker 2 [02:18:55] That is not part of this special permit application and you did make
your own decision to buy this property.
Speaker 7 [02:19:06] Well, we did. But of course, we anticipated a particular type of use
that would be taking place in our neighborhood. No one expects to wake up the next day
to an industrial park. That's the kind of, you know, it's an NIMBYism. But if you look at the
way things are supposed to work with zoning and so on. You know, there's always been
an issue whether the special permits are very controversial, very controversial. If you look
at the Land Use Commission, Okay, okay.
Speaker 2 [02:19:34] That I think you can you know your legal arguments that you're
moving into making now I think that would be very appropriate for your closing papers and
I think should Feel free to include all of these them. So the real question just is for right
now. Do you have any more evidence?
Speaker 7 [02:19:55] No, we do not. We rest.
Speaker 2 [02:19:57] All right, I realize and I apologize, but I forgot to swear you in too. So
can I swear you and Mr. McMahan, was your testimony today authentic, honest and
truthful? No, I just do one at a time. It's been. Ms. Wang, was your testimony today
authentic, honest and truthful? Yes. Okay, thank you. Is there any cross-examination?
Speaker 4 [02:20:33] I could get it done in 15 minutes. I would ask in order to achieve that,
that the questions actually be answered and not responded with a narrative. I'm just saying
that's what it would be in advance. I understand.
Speaker 2 [02:20:50] I think that I've tried to be clear that we're in the evidentiary stage
and not in the argument stage of the proceeding. Go ahead and stitch it, Joe. Thank you.
Speaker 4 [02:21:07] I've never cross-examined two witnesses who testified at the same
time before, so I'm okay with either of you answering any particular question, but if we're
gonna get done, we do have to move quickly. Okay? Okay, good. Can you take a look at
your exhibit A? We don't need to put it back up on the screen. It's a map, the hard copy's
good enough. In. That Exhibit A, I think you note where your residence is and you outline
your property, right? The first page.
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Speaker 7 [02:21:45] Yes, we do
Speaker 4 [02:21:48] Fair to say between your house and the, what you've labeled as
equipment storage area, there are three other homes. On three different lots.
Speaker 7 [02:22:01] Yes, there are other homes, as I noted, yes, in the neighborhood in
the vicinity.
Speaker 4 [02:22:06] And fair to say, all three of those and the home across the Gulch
there are all closer to what you labeled equipment storage area and to the falls on fire
event location.
Speaker 7 [02:22:19] Just stand by, I'm still looking for the map. Could you please repeat
the question?
Speaker 4 [02:22:25] Those three homes and then the one across the gulch, they're all
closer to the equipment storage area and the falls on fire event location than your house,
right?
Speaker 7 [02:22:33] Yes it is, yes it is.
Speaker 4 [02:22:35] And so your home was in that location when you purchased it, right?
Speaker 7 [02:22:41] Yes, it doesn't move
Speaker 4 [02:22:42] Right, and the easement was there when you purchased it, right?
Speaker 7 [02:22:46] Exactly same spot.
Speaker 4 [02:22:47] Right? And Roger was already had his cattle operation on the
property when you moved in and he was already storing vehicles on the property in that
equipment storage area when you moved in.
Speaker 7 [02:23:00] I believe so, yes, but it was a smaller operation then.
Speaker 6 [02:23:03] Yeah, we have to observe here unless you're not sick.
Speaker 4 [02:23:13] Rogers never taken his vehicles in and out of that area after dark as
the
Speaker 7 [02:23:20] at all hours. I mean, they've been early in the morning or late in the
evening.
Speaker 4 [02:23:24] Well, I asked because I noticed that of all the pictures you have of
the events of Roger, the latest picture stamp is 6 p.m., 6, 10 p. M. And I wait. I'm not done.
I would assume that you would take or have any evidence that supported your claims that
people were coming in all hours of the night and that Roger was using that road for his
equipment after dark. But that's not in any of the pictures you've submitted. Am I right that
that's not in any of the pictures you've submitted?
Speaker 7 [02:23:56] It hasn't been in any pictures. I don't know if it's in any other pictures.
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Speaker 4 [02:24:01] That's enough. You answered my question. Remember, we got to
move on. So if I look down at your exhibit key, would you turn to that for me? That's a
email looks like from Ms. Huang to Harry Takiue.
Speaker 7 [02:24:25] That would be myself, not Mrs. Wong.
Speaker 4 [02:24:28] I'm sorry, it- it-
Speaker 7 [02:24:29] It may be from our joint account, but it's both names. Yeah, sorry,
yeah.
Speaker 4 [02:24:33] Got it. I understand. Thank you for that clarification. Is this an
example of one of the complaints made to DOT about the intersection?
Speaker 7 [02:24:42] Uh, yes, it was. I mean, it, there was a attached presentation, uh, to
that email. Okay. That wasn't the, the, uh the emails were just a cover of the, uh,
presentation, which had to complain.
Speaker 4 [02:24:53] And as the hearings officer noted, DOT has done whatever it's done
in response to that and any other complaints you've made.
Speaker 7 [02:25:00] They have partially responded to the complaint, yes.
Speaker 4 [02:25:05] If we look at your exhibit R. It's an email. I assume this is from the
same joint account dated, sent date is January 10th, 2022.
Speaker 7 [02:25:21] Yes.
Speaker 4 [02:25:22] Is this an email from you or Ms. Wong?
Speaker 7 [02:25:26] It's from, I believe it's both, it looks like me, but it's from our join
account again.
Speaker 4 [02:25:35] So fair, both of you. If I look down at this event or this email rather, it
raises two identified points. One is road repairs and the other is speeding, fair? Yes. Okay,
so this is before Tepe had any event on the property, right? Yes. Okay, So before there,
you already had concerns about the condition of the road, not because of the event. I don't
see anything in here where you blame Roger's use for the need to repair the road. Is that
also fair?
Speaker 7 [02:26:12] Uh... It wasn't written. Okay. We weren't trying to sign blame at that
time. We were just trying to get the road fixed.
Speaker 4 [02:26:22] And so if I look then at your exhibit S, if you would. This exhibit S
appears to have two emails. The bottom one is from Teppi, dated August 17th, 2023. You
see that?
Speaker 7 [02:26:39] Yes, that's the email I alluded to in my testimony.
Speaker 4 [02:26:42] About Teppi telling you that he's going to have the event. Okay. And
then if I look at your response, if I look at up at the top, is that you or Ms. Huang
responding? It looks... If I look at your second sentence, you write, there have been
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several moderately large events on your property and others up there over the years with
probably more than, I take that to mean a greater than symbol, 100 vehicles. Usually not a
problem. Unless overflow parking is needed along the road. You see that? Yes. Okay, so
that's what you told Tepe. I don't see in here any complaint or concern or objection to that
event.
Speaker 7 [02:27:24] Agreed okay, but and as I was clear in my testimony, I didn't have
any complaints at the time. That's correct
Speaker 4 [02:27:30] even though there had been events with more than 100 vehicles in
the past. Understood.
Speaker 7 [02:27:34] But they're not exactly the same events that Tippi is writing.
Speaker 4 [02:27:37] And I don't see anything in this email either complaining about
Roger, his use.
Speaker 7 [02:27:46] But that wasn't the point of the email.
Speaker 4 [02:27:50] If we look down at your exhibit T. Your exhibit T has two emails.
Again, one is from Teppi dated October 30th, 2024. Do you see that?
Speaker 7 [02:28:12] Yes?
Speaker 4 [02:28:13] And he's talking about his intent to hold an event, the following.
Week or so later, is that fair? I believe so. OK. And he describes the anticipated
attendance in terms of vehicles, including when they would come in for entry. And then
you have your response in front of that. And in your response, I note at the bottom that you
expressed concern that he's proceeding without it. Special permit in hand. You thank him
for finally applying for it. But what I don't see is anything in here expressing concerns about
the hours that people are coming and going, noise, dust, the nature of the event, security,
or any of the other concerns that you've talked about today. Is that also fair?
Speaker 7 [02:29:09] But there were concerns expressed another verbally and in person.
Speaker 4 [02:29:15] I have no further questions. Thank you.
Speaker 2 [02:29:18] Okay, County, do you have any questions?
Speaker 9 [02:29:21] The planning department has no questions. Thank you.
Speaker 2 [02:29:23] Well, I have to swear you back in again, because the way I swore
you in was as if you were all done. So to take care of the cross-examination, I apologize.
Okay, do you swear that your testimony today was authentic, honest, and truthful?
Speaker 7 [02:29:46] Yes, it was.
Speaker 2 [02:29:51] Okay, so we have the next thing is receiving testimony. A complete
testimony from members of the public on Monday, if we get any more. And then Mr. Chip
Chase and all the parties will have a chance to respond by Friday to any of the testimony
that they have questions about or disagree or make any comments they might have been.
So you can do that too if you see any testimony that's coming in. And then we'll have final
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arguments in writing. How long do you think that will take you to prepare? Another week.
How about you, Mr. Chipchase? A week from the Friday. So the next week, Friday.
Speaker 4 [02:30:54] Let me turn to my able-bodied helper here, Mr. Honigman.
Speaker 2 [02:31:00] Oh, the day after Thanksgiving. Well, let's make it the Monday then.
That would be have you'll have to work. Let's let's this is gonna plenty of time. Let us not
interrupt your Thanksgiving Let's have it do on Wednesday of that week. Very good week
after what Thanksgiving that okay yes okay and what about you folks is that okay the
Wednesday after Thanksgiving okay and how about the county
Speaker 9 [02:31:35] That would be fine for us. I will note that the director has not had an
opportunity to present any testimony. Did you want him to testify? I'm sorry, I thought you
meant you were all done. Oh, we have no, I don't have any questions that I need to ask.
Okay. I do think that there may, I mean. All right. I may have a redirect if the other parties.
Does anybody wanna ask the director any questions?
Speaker 4 [02:31:58] I have no questions.
Speaker 7 [02:32:02] We're going to present. No, he's not presenting.
Speaker 2 [02:32:07] He's going to rest on his report.
Speaker 7 [02:32:10] He's going to rest on his report.
Speaker 2 [02:32:13] And whatever questions have been asked by his attorney during
that.
Speaker 7 [02:32:22] Yeah, OK. Well, yeah, we probably do have some questions. Yeah,
it was kind of. OK.
Speaker 2 [02:32:28] Okay, we better swear them in.
Speaker 7 [02:32:31] Okay, well, yeah, that's probably.
Speaker 2 [02:32:37] You can stay right there, yeah. Okay, well they stayed where they
were. Daryl, can you raise your right hand? Did you promise to tell the truth in your
testimony today?
Speaker 3 [02:33:00] Almost already.
Speaker 7 [02:33:16] So one of the most unusual aspects I find with this application,
especially for the Burning Man, is kind of its open-ended nature. You know, if someone
has a permit for like a music festival or something like that, you kind of know what to
expect, right? Same thing with, you know, a concert. I was wondering what challenges is
this sort of testimony, I mean what sort of what sort of challenges that this sort of
application provides because it does it's lacks in specificity it basically the list of 10
principles we've known that it's really up to the participant what's going to take place the
the event organizer has very limited say or influence over what is going to happen it
sounds like it's a pretty open-ended permit application to me
584
Speaker 2 [02:34:11] Okay, I think that all of that's been gone over and you've challenged
the permit and the basis on which the permit was issued and the scope of the permit. And I
think all of these issues have come out. I think the director. Has considered those in
making his recommendation.
Speaker 7 [02:34:38] The director looked at other similar events in other jurisdictions such
as the Burning Man Nevada?
Speaker 9 [02:34:45] I would object due to relevance. The director should only evaluate
the application that's before him, the application, describe the event that would take place
here, and we don't regulate what happens in Nevada or other states.
Speaker 2 [02:34:59] I'm going to sustain that objection because actually it would be
incorrect for the director to look to Nevada because the law is different there. His duty is
and responsibility is to apply the law that applies in Hawaii.
Speaker 7 [02:35:15] Oh, of course it is, but it is the, because this is a unique, we've not,
the question is have we had others, have we have permits for other Burning Man inspired
events, special permit requests before? Is this the first one?
Speaker 3 [02:35:37] This would be the first time.
Speaker 7 [02:35:38] Yeah, I mean, always looking at prior art, you know, with when
you're looking at a special permit application. Have we seen anything similar to that
before? What would be the closest permit application that you've had to deal with or the
counties had to deal with in the past?
Speaker 3 [02:35:53] Uh, we've had, uh, a number of special event type of requests for
permits as well as special permits as, uh I'm sorry, um, my name is Jeff Darrow and I'm
the planning director with the county of Hawaii.
Speaker 2 [02:36:11] And how many years have you served as planning director?
Speaker 3 [02:36:14] This is coming up on my first year. I was four years as deputy
planning director and I've been with County for over 30 years
Speaker 2 [02:36:28] So the recommendation was that during your tenure as director
when the recommendation
Speaker 3 [02:36:40] So again, we've had a number of special permits for. Similar types of
events where they're special, they're unique, they have all kinds of different parts to them.
Wellness, health, concerts, yoga, whatever a lot of different types of activities. More
recently we've been receiving a number of requests for large concerts, but mainly they've
been in more urban areas.
Speaker 7 [02:37:24] Have you had, that was the next question, have you had to deal with
any of these applications for agricultural, in agricultural areas served by private road
easement?
Speaker 3 [02:37:36] As far as special permits, that's almost typical.
Speaker 7 [02:37:43] For concerts and events, similar events.
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Speaker 3 [02:37:49] I'm just talking about special permits in general. A number of special
permits that come through our office have to do with access rights over private easements
or private roads. So we're very familiar with that type of request. We have staff that and
our attorneys that look at the access documents to confirm access rights on those. As far
as. Large concert type events I would have to think back right off the top. It's nothing's
coming in Oh, in fact, there was one. Was for a health and wellness retreat. But again,
unique as far as offering different types of things. Very close to.
Speaker 2 [02:38:50] I'm going to interrupt you for a moment. Sure. I'm sorry. But Mr.
Jackson just told me that the Zoom has lost its video. OK. So we need to look at it. Thank
goodness, huh? So we needs everybody to identify themselves when they're speaking.
Now, we know Mr. Darrow is speaking, and we know that the questions have been being
asked by Mr. McMahan. Uh, someone's on the video. We see somebody.
Speaker 10 [02:39:23] Aria.
Speaker 2 [02:39:24] Claudia, how does the video, can you see us? It might've lost the
video but it's not lost the audio. Okay, well I think we're gonna keep going as long as the
audio is still going and we really appreciate your assistance, Claudia. Okay, go ahead, Mr.
Darrow.
Speaker 3 [02:39:46] So one comes to mind that was approved. In similar circumstances,
it was a property that was higher mauka, more up on the mountain, and it went through a
number of properties through easements. But it was, again, we had to work through all the
access rights and work through the conditions as far as road repairs. Of fire access and
issues like that.
Speaker 7 [02:40:27] Okay. What about for a heavy equipment base yard operation? Is
there any any prior art that you can refer to that is similar? That's, of course, I think most of
these are probably occurring on agricultural zone land, but the always question of access
for those types of use. Is there, is there any comparable heavy equipment, base yard
special permits or similar industrial use? Uh... Special permits that
Speaker 2 [02:40:58] I'm going to not allow that question because that's your opinion, that
it's industrial use and that it is a heavy equipment base yard. So if you want to ask him
about a base yard...
Speaker 7 [02:41:08] Well, that's the question. I mean, I'm not, I could ask another
question to try to establish whether or not it's industrial use or not. I guess that is, I mean
that's, I assume the planning director is in a position to evaluate whether that's industrial
use or not.
Speaker 2 [02:41:30] I think you can ask the question.
Speaker 7 [02:41:32] It is
Speaker 2 [02:41:33] Rather than saying like this one, have you, you can ask him, have
you evaluated industrial?
Speaker 7 [02:41:43] But, okay, for this specific application, is, in your opinion, is it an
industrial unit?
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Speaker 3 [02:41:53] This application is for an agricultural use. The request for this special
permit is to allow for vehicle storage for up to six vehicles. Additionally, a number of the
vehicles that are being requested also are utilized for agricultural purposes. And this is
common. Many people... Talk about agricultural type uses as industrial, but they are not,
they are agricultural uses and the law has clearly identified their impacts as being pretty
significant to the point that it has created a law to even not allow somebody like me to
restrict those uses. This comes right out of the Right to Farm Act in the HRS 165-4. It says
that, no court official, public servant, or public employee shall declare any farming
operation a nuisance for any reason if the farming operation has been conducted in a
manner consistent with generally accepted agricultural management practices. This. We
come across this a lot. But as mentioned, there are certain aspects to this particular
operation that need a special permit and we're working with through that process as we
speak.
Speaker 7 [02:43:33] So if then the equipment that was stored or at that heavy equipment
base yard was used solely for commercial activities off the agricultural farm or off the farm,
then it would be industrial use.
Speaker 3 [02:43:54] The term industrial use or commercial use applies to the type of
property it's being located on. If you're going to utilize industrial commercial uses on
agricultural land, It's conflicting, and your argument is not... What the general plan and the
Hamakua CDP were referring to when it talks about commercial and industrial
development or facilities. It was specifically talking about industrial zone and commercial
zone properties. This is an agricultural zone property. The way to go about permitting
these types of uses is through a special permit.
Speaker 7 [02:44:54] Yeah, he understood the special permit part. But it does require, so
it does, any commercial operation, then any commercial aspect of the vehicle storage
requires a special permit, that's clear, because it's not involving the farm, right? I mean, if
it's just, if the vehicles are used solely on the farm it would be just, it would not need a
permit at all. Okay, we'll have to resolve it some other way. This quickly took my notes. So
of the conditions, can you confirm that the conditions that you're in your recommendation,
none but any time limits, day, hours of operation for either of the uses?
Speaker 3 [02:46:20] Currently, there are no hours of operation on the conditions.
Speaker 7 [02:46:27] Why is that is I've seen many special permits that do impose such
conditions understand why in this situation that those were not
Speaker 3 [02:46:41] I don't believe it was requested, you know, we do typically put hours
of operation on particular types of uses in this particular case. We didn't see a need for it,
but again, that can be considered as part of this process. That adjustment can be made if
it seems reasonable. It can be something that can be brought up. I do understand and I
agree with Cal. I didn't see anything that appeared that that was being violated in some
manner in looking at all the material. There was no talk about. Particular hours when
trucking was occurring or late at night, earlier in the morning, that kind of thing. So again, it
wasn't something that was really brought up to consider.
Speaker 7 [02:47:47] Yeah, but it was brought up in some of the complaints, I believe.
The, so it's again, just. To mitigate some of the impacts. Because we know that, as we
said, there's going to be impacts to the surrounding community. You know, the sound,
587
which we've talked about as well, the traffic, all those types of things. Usually there is
hours of operation. I know there's probably a county code that restricts, for example,
sound, volume of sound, decibels at certain times of the day or night. Whether those are
enforceable or not, that's maybe a different question. But as far as business hours is
concerned, I would have thought that business hours would be something that could be
outlined in the special permit, and reasonable ones for a commercial operation should be
automatically included in a special permit application. Is that true? I mean, do you typically
Speaker 2 [02:48:58] I think Mrs. Darrow's already answered your question, which is that
that can be a possibility. So I think you.
Speaker 7 [02:49:08] OK. So I mean, that's, it just reiterate again, I mean and prior in past
hearings to the county, the county still has no way of monitoring or enforcing any sound
volume limits.
Speaker 3 [02:50:00] This is something that falls under the Department of Health Chapter
46, the Community Noise Control Ordinance. So it's something that Department of health
manages.
Speaker 7 [02:50:14] So you don't impose any conditions then relating to sound bias.
Speaker 3 [02:50:18] We tried to do that in the past for particular operations and we've
been told we cannot do that.
Speaker 7 [02:50:27] So if there are any issues with sound or complaints, I guess it's how
they dealt with any complaints that your offices receives in regards to sound.
Speaker 3 [02:50:41] The way they monitor noise complaints is through decibels. And
each particular zoning district has a particular decibel level. Agricultural zones have some
of the highest decibel levels allowable, which is 70 DPA. If you look at that particular
section of code, number one, you have to call an inspector to come out there that has a
device that monitors the noise levels and it has to be for a particular monitor.
Speaker 7 [02:51:21] Okay, thank you. In regards to the road, the private road, has your
department taken, I'm not talking about the deeds or anything, but have you evaluated the
current road and whether or not it can comfortably accept the types of use that these new
uses would, additional burdens that the use is placing the road?
Speaker 3 [02:52:11] So this would be our condition seven that speaks about the applicant
conducting and documenting a pre-use roadway condition assessment, including photo,
video documentation of roadway conditions. Then within a month after the annual festival
event, the applicant shall repair any damages to Indian Tree Road caused by festival
traffic. Which may include up to 200 vehicles. Additionally, the applicant shall also repair
any damages related to the heavy equipment rental hauling operation at least once a year.
Repairs must restore the roadway to the same or better condition as documented in the
pre-use assessment. Applicant shall allocate up to $5,000 annually for road wear.
Roadway repairs to fulfill these requirements.
Speaker 7 [02:53:14] Yeah, okay, with that condition, the $5,000, where did that $5000
limit come from?
Speaker 3 [02:53:25] It's just a number that we put in there that seems reasonable.
588
Speaker 7 [02:53:34] Okay, yeah, it's
Speaker 6 [02:53:42] $5,000 that right now the road were maintained just by local farmers
use our own time and equipment and fuel and everything
Speaker 3 [02:53:54] Well, it's not just the money. That's annual repairs that they'll do
outside of the repairs they have to do for damages that are caused from either the festival.
Speaker 7 [02:54:11] And is that just include the road surface, or would that include any
other accessory structures on the road itself? Signage, maybe gates, fencing, whatever is.
Speaker 3 [02:54:23] It just says roadway repairs.
Speaker 7 [02:54:25] Okay, and again, yeah, I understand exactly what that is.
Speaker 3 [02:54:32] This is an opportunity to be able to voice your concerns and actually
request that maybe some of these conditions be looked at and suggest an amendment.
The hearings officer is going to prepare a report. If the report is favorable, those conditions
may be adjusted as part of that.
Speaker 7 [02:55:02] All right.
Speaker 10 [02:55:06] All right.
Speaker 7 [02:55:36] Yeah, I guess. I mean, there's I guess the original question I had
was not so much the condition of the existing road, but the improvements needed to
handle the additional traffic volume. And Again, you in your point, you say, well, maybe we
can make some recommendations and our comments and so on. To the current road as it
is, even if it was fixed, the pristine pavement, everything, is it, in your opinion, adequate to
handle the expected traffic load? Both the annual event, right, which is going to involve a
peak load over maybe one or two weeks of excessive traffic, two-way traffic, and also the
daily traffic. Uh... For the heavy equipment base yard operation
Speaker 3 [02:56:37] You're asking me if I feel it's adequate?
Speaker 7 [02:56:40] Well, did you evaluate its adequacy? I don't know if you have any
guidelines that you use to determine how wide the road has to be based on the traffic
volumes that a particular use would
Speaker 3 [02:56:52] not surprisingly roadways.
Speaker 7 [02:56:53] Not for a private growth.
Speaker 3 [02:56:56] This is again, the condition right now is a good condition. It's going
to keep the roads in good shape. And continue to keep them in good shape. That can be
adjusted for signage and other things like that that you're speaking about.
Speaker 7 [02:57:16] Just clarify, you're saying the $5,000 would be sufficient to keep the
roadways in good shape, that's your- No.
589
Speaker 3 [02:57:22] Again, I was saying that's outside of the amount. The impacts that
are caused by a particular use That's what you're trying to work on. You're trying make
sure that this particular use is not gonna have additional impacts to those that are in the
area, the neighboring area, and to those facilities that are being utilized. The road, in this
case, everybody on that road has the ability to utilize that road. There, as you mentioned,
there's no road association, and so all of you have to. Work together to keep that road in
as good a shape as you can. Right now you have the ability that this person who is
applying for the permit can continually maintain that road after each event or once a year
in regards to the hauling business, but also put money towards the road.
Speaker 7 [02:58:33] But that condition is kind of sitting on top of, you know, has that been
a condition evaluated against the deeds in terms that it's valid and legal? I mean, that's
maybe a question more for the Corporation Council.
Speaker 3 [02:58:51] We answered that question earlier. I said that we had staff, right?
That's what we do. We receive a lot of special permits.
Speaker 7 [02:59:06] But that's just determined whether you have legal access or not, not
to determine whether the actual road access is is adequate for the volume and types of
traffic that that road is going to require for that year.
Speaker 4 [02:59:21] That question has been asked and answered at least three times.
Speaker 2 [02:59:26] And I think that the recommendation requires a plan, an evaluation
by the applicant and a plan to review the road and make recommendations. So, you know,
even if the permit were to be granted, that still has to be done. So it's not, so an expert's
going to be contracted to do that.
Speaker 7 [03:00:00] Maybe I wanted to confirm that from the blank record that an expert
you're going to have someone's let's look at
Speaker 2 [03:00:06] Let's look at the look at look at the recommendation.
Speaker 7 [03:00:09] I don't recall seeing that as one of the conditions.
Speaker 3 [03:00:16] Are you referring to the traffic management plan?
Speaker 2 [03:00:20] What do you remember six? Okay. The applicant shall develop a
traffic management plan. Okay. So.
Speaker 7 [03:00:33] I don't understand what traffic management plan means, what it
looks like.
Speaker 2 [03:00:39] Okay, well the plan has to go to the DOT and they are the ones to
approve the plan.
Speaker 7 [03:00:45] But that wouldn't only cover the intersection, right? Not the rest of
the way.
Speaker 2 [03:00:49] Covered by the road.
590
Speaker 7 [03:00:50] Because it's a private road, I don't imagine that they can do anything
on a private road, just like a county can't do anything in a private
Speaker 9 [03:01:01] I guess I'll try and answer that. As you said, the county doesn't
regulate a private road and the director has already answered your question that yes, in
considering the application, the additional impacts of the proposed uses here have been
considered as to the impact that that may have on the private road. We cannot regulate
how you use your private road, we do not evaluate, nor do we regulate the. Private
maintenance agreement that the users of the private road may or may not want to enter
into that's outside the jurisdiction of the county. The director in evaluating the application
looked at the possible increase in use that's being proposed by this application, took that
into consideration and developed condition number seven which required additional
maintenance in order to mitigate, excuse me, mitigate the additional impact that they saw
that is likely to come from the two uses that are proposed here and that's what was
evaluated and put into the permit. So again, your question has been asked and answered.
Speaker 2 [03:02:16] So I think your option is if you have other recommendations that you
would like to have the director consider or some tweaking of this, of number six and
number seven, you can put that in your final papers that you submit. I mean, that's not to
say that they will be recommended or adopted, but.
Speaker 7 [03:02:41] No, but I understand. I understand, yeah. I guess, let's see, yeah,
one thing I guess is the issue of the sign being posted, there's a requirement that for a
special permit application that a public notice has to be posted on a sign, that sign has
their requirements for the placement of that sign, and I see from affidavit that was filed. On
the record that the sign was placed twice on the bottom of Indian Free Road or along the
public highway? Is that the correct location for that sign?
Speaker 3 [03:03:53] Sometimes we come across applications that the actual property is
far away from a public road, and so there's a section in the zoning code, section 25-12,
subsection C. The section is titled posting of signs for public notification, and it states 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. It talks about if there's other, like
if you have dual public roads, but in this particular case, there was no public road except
down at the highway. So that would be the appropriate place to post the sign. And as you
mentioned, that's gonna be able to have more people see the sign
Speaker 7 [03:04:54] So it is allowed to be placed off the subject property on public
property then. On public property, not just visible from public property but also located on
public.
Speaker 3 [03:05:10] Asked and answered. He just went through the whole code.
Speaker 7 [03:05:13] Okay, I didn't get the public private part of it. Yeah, again, and that
sign is supposed to be posted. How long is that sign supposed to posted for.
Speaker 3 [03:05:28] It's supposed to remain until after the permit is approved. Says the
applicant shall remove the sign promptly after such action. Signs shall remain posted until
the application has been granted, denied or withdrawn.
Speaker 7 [03:05:48] And the application hasn't, and none of those things have been met
yet.
591
Speaker 3 [03:05:53] And you're saying the sign is not there.
Speaker 7 [03:05:56] Correct. And I was going to ask if you're planning and the inspectors
that you sent to the road to inspect the site recently, I guess on Friday, it did take note of
the sign or not.
Speaker 3 [03:06:10] I didn't ask them to look and they didn't mention anything.
Unfortunately, again, this happens on a pretty regular basis where people tear down signs.
The signs are very expensive, but we can request that the applicant repost the sign again.
Speaker 7 [03:06:32] Okay, yeah, I guess to fulfill the requirement that the sign remain
posted until those conditions are met. Yeah, by the way, the sign has disappeared for a
long time now and I think I did file a complaint on that, at least through Anne O'Coffee
Christian, the planning inspector about that, because I was concerned because I actually
wanted that sign to remain there, but you know, it's hard to control.
Speaker 3 [03:07:09] We'll make sure it gets back.
Speaker 7 [03:07:15] So, I mean, anyway, so there's no requirement then that they don't
post it on their property where they have secure. OK, I think.
Speaker 2 [03:07:23] Okay, I think this has been asked and answered and the specific law
was read to you. So if you disagree with the director, he's given you the citation and you
can address that issue further in your papers, but I think he's given his answer to you.
Speaker 7 [03:07:43] Right, and could you repeat the citation again? Not just citation, but
the code number?
Speaker 3 [03:07:50] Section 25-2-12, subsection C.
Speaker 7 [03:07:57] Is there also a sign placement requirements given in the rules, the
special permit rules and regulations? I was just wondering which regulation would apply
here. Would it be the Chapter 25 or the regulation that's associated with this special permit
rules and procedure?
Speaker 3 [03:08:26] It's the authority comes from the zoning code which is the ordinance.
All of the notifications for all of the applications stem from there. So that would be the
section that would hold the most weight.
Speaker 7 [03:08:47] Okay, I mean, is that is it? I guess it's the like, with the nevermind, I
was going to ask the, the Corporation Council, she agrees with that. Well, she's not here.
Speaker 2 [03:09:01] Give her a legal opinion.
Speaker 7 [03:09:02] She did earlier.
Speaker 2 [03:09:04] It's a witness, so. Right, yeah.
Speaker 7 [03:09:06] Alright Okay, yeah Okay, I believe we're done. Okay, we're done
and we're going to cross.
592
Speaker 3 [03:09:24] No questions. Sorry, I'm just going to... I just wanted to reiterate that
the section of code is also restated in the rule.
Speaker 2 [03:09:36] Restated in the way.
Speaker 3 [03:09:37] In the special permit planning commission rule, which is six dash
five.
Speaker 2 [03:09:53] Okay, do you have any?
Speaker 9 [03:09:56] I have no redirect. Thank you.
Speaker 2 [03:10:00] Okay, so thank you everybody. And I was very impressed that the
hearing was conducted with such decorum, dignity and civility. And I appreciate
everybody's efforts to do that and make sure that the evidence got out and the law is going
to be followed. So we have our dates for us. Additional work to be done. And maybe you
could explain, you did talk Mr. Darrow about planning, about... Possible revisions to your
recommendation that was made already quite a while ago. And so, how would that work?
If you wanted to make any adjustments.
Speaker 3 [03:11:00] Well, typically, it would come in what we call a revised
recommendation. I think it probably can be done, but it can also be done either through the
hearings officer's report or the planning commission's final approval. I will consider some,
after everything that's been said, I took a lot of notes. I'll look at the areas that there can be
some adjustment and see if we might consider a revised recommendation.
Speaker 2 [03:11:41] Why don't we do this? Why don't we have the parties file their
memorandum on that, is that Wednesday I said, and have you folks have one more week
to file yours in case you, in case the parties bring up anything to you based on the
evidence and that would suggest to you that you would want to make any revisions. And
then, of course, I like that idea because that would make my job easier. So does that
sound okay to all the parties? Yes is that okay okay and i'm going to give the county one
more week after that so they'll have the opportunity to review everything that you uh have
in your memo and that they can review everything that mr chip chase has in his memo so
that if they want to make any adjustments to their recommended or their report. In
recommendations, they can do so. That doesn't mean that I'm going to agree with what
you said or what the county said or what Mr. Chipchak said, but I'll be in the position where
all of you folks have provided your best effort and your best knowledge to this important
matter. So, shall we call the hearing to a close? Okay, mahalo everybody and aloha to
everyone who stayed on to listen to everything and everyone who stayed here. I want to
particularly thank the staff, the county staff people. For going the extra mile and making
sure that we could get through all the discussions and evidence today. Okay, this hearing
is closed. Yeah. Well.
Speaker 7 [03:14:31] Thanks for your attention.
Speaker 3 [03:14:46] Thank you.
593
Sherry Broder <sherrybroder@gmail.com>
Contested Case Hearing Conference Contested Case Proceedings | PL-SPP-2024-
000075 Teppy Mountain LLC | PL-CCH-2025-000025 James McMahon and Lichun
Huang Inbox
1 message
sherry broder <sherrybroder@sherrybroder.com>Wed, Nov 26, 2025 at 9:25 AM
To: Cal Chipchase <cchipchase@cades.com>, Jake Honigman <jhonigman@cades.com>, "Campbell, Jean K"
<JeanK.Campbell@hawaiicounty.gov>, "Darrow, Jeff" <Jeff.Darrow@hawaiicounty.gov>, "Melissa Dacayanan
(Melissa.Dacayanan@hawaiicounty.gov)" <Melissa.Dacayanan@hawaiicounty.gov>, "Ley, Rachelle"
<Rachelle.Ley@hawaiicounty.gov>, Jim McMahon <jimlichun@gmail.com>, "Jackson, Maija"
<Maija.Jackson@hawaiicounty.gov>, "Kay, Christian" <Christian.Kay@hawaiicounty.gov>, "Lactaoen, Kawehilani S"
<KawehilaniS.Lactaoen@hawaiicounty.gov>, "Teppy Mountain, LLC" <teppy@egenesis.com>
Aloha and good morning, Thank you to all the attorneys and intervenors (hereafter referred to as
"parties") for appearing this morning for the contested case hearing conference.
The Hearings Officer explained that there have been difficulties in retaining a court reporter. The parties
agreed that the computer generated written transcript based on the zoom recording (hereafter referred to
as "transcript") will be used as the official transcript. However, if any party finds any errors, after
comparing the transcript to the video recording, the party may bring it to the attention of the Hearings
Officer with notice to all parties. The Hearings Officer shall rule on the official language to be used.
The Hearings Officer adds the following to what was discussed at today's conference. Any party may
object to another party's finding of an error and the proposed language and file their objection within 24
hours of the notice.
The Hearings Officer will retain a translator to translate the Ōlelo Hawaiʻi Testimony to be provided to the
parties.
Due to possible technical difficulties, the video generated reels prepared by the equipment of the County
Council will not be used and not be relied upon.
The deadlines set at the end of the Hearing are vacated and the following new dates are set.
- Written Final Arguments (All Parties except Planning Dept): Due by 4:30 p.m. on Monday, Jan. 5,
2026.
- Written Final Argument (Planning Dept): Due by 4:30 p.m. on Jan. 12, 2026. The Planning
Department may revise recommendations based on the evidence and final arguments by the parties.
Again Mahalo Nui Loa for appearing this morning and working through the transcript issues. Everyone,
have a wonderful Thanksgiving.
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411
NOTICE: Information contained in this transmission to the named addressee is proprietary information and is subject to attorney-client
privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should
immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof.
594
Sherry Broder <sherrybroder@gmail.com>
Contested Case Hearing Conference Contested Case Proceedings | PL-SPP-2024-
000075 Teppy Mountain LLC | PL-CCH-2025-000025 James McMahon and Lichun
Huang Inbox
1 message
sherry broder <sherrybroder@sherrybroder.com>Wed, Nov 26, 2025 at 9:25 AM
To: Cal Chipchase <cchipchase@cades.com>, Jake Honigman <jhonigman@cades.com>, "Campbell, Jean K"
<JeanK.Campbell@hawaiicounty.gov>, "Darrow, Jeff" <Jeff.Darrow@hawaiicounty.gov>, "Melissa Dacayanan
(Melissa.Dacayanan@hawaiicounty.gov)" <Melissa.Dacayanan@hawaiicounty.gov>, "Ley, Rachelle"
<Rachelle.Ley@hawaiicounty.gov>, Jim McMahon <jimlichun@gmail.com>, "Jackson, Maija"
<Maija.Jackson@hawaiicounty.gov>, "Kay, Christian" <Christian.Kay@hawaiicounty.gov>, "Lactaoen, Kawehilani S"
<KawehilaniS.Lactaoen@hawaiicounty.gov>, "Teppy Mountain, LLC" <teppy@egenesis.com>
Aloha and good morning, Thank you to all the attorneys and intervenors (hereafter referred to as
"parties") for appearing this morning for the contested case hearing conference.
The Hearings Officer explained that there have been difficulties in retaining a court reporter. The parties
agreed that the computer generated written transcript based on the zoom recording (hereafter referred to
as "transcript") will be used as the official transcript. However, if any party finds any errors, after
comparing the transcript to the video recording, the party may bring it to the attention of the Hearings
Officer with notice to all parties. The Hearings Officer shall rule on the official language to be used.
The Hearings Officer adds the following to what was discussed at today's conference. Any party may
object to another party's finding of an error and the proposed language and file their objection within 24
hours of the notice.
The Hearings Officer will retain a translator to translate the Ōlelo Hawaiʻi Testimony to be provided to the
parties.
Due to possible technical difficulties, the video generated reels prepared by the equipment of the County
Council will not be used and not be relied upon.
The deadlines set at the end of the Hearing are vacated and the following new dates are set.
- Written Final Arguments (All Parties except Planning Dept): Due by 4:30 p.m. on Monday, Jan. 5,
2026.
- Written Final Argument (Planning Dept): Due by 4:30 p.m. on Jan. 12, 2026. The Planning
Department may revise recommendations based on the evidence and final arguments by the parties.
Again Mahalo Nui Loa for appearing this morning and working through the transcript issues. Everyone,
have a wonderful Thanksgiving.
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411
NOTICE: Information contained in this transmission to the named addressee is proprietary information and is subject to attorney-client
privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should
immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof.
595
Sherry Broder <sherrybroder@gmail.com>
Re: Waiver
1 message
sherry broder <sherrybroder@sherrybroder.com>Wed, Dec 3, 2025 at 8:34 AM
To: Cal Chipchase <cchipchase@cades.com>, "Teppy Mountain, LLC" <teppy@egenesis.com>, Jake Honigman
<jhonigman@cades.com>, "Kay, Christian" <Christian.Kay@hawaiicounty.gov>, "Campbell, Jean K"
<JeanK.Campbell@hawaiicounty.gov>, "Darrow, Jeff" <Jeff.Darrow@hawaiicounty.gov>, "Lactaoen, Kawehilani S"
<KawehilaniS.Lactaoen@hawaiicounty.gov>, "Melissa Dacayanan (Melissa.Dacayanan@hawaiicounty.gov)"
<Melissa.Dacayanan@hawaiicounty.gov>, "Ley, Rachelle" <Rachelle.Ley@hawaiicounty.gov>, Jim McMahon
<jimlichun@gmail.com>, "Jackson, Maija" <Maija.Jackson@hawaiicounty.gov>
The waiver is at page 47 in the additional testimonies.
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411
NOTICE: Information contained in this transmission to the named addressee is proprietary information and is subject to attorney-client
privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should
immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof.
On Wed, Dec 3, 2025 at 8:34 AM sherry broder <sherrybroder@sherrybroder.com> wrote:
Aloha Counsel and Parties, I am following up on the request made at the hearing to Mr. Teppy to provide
a copy of the waiver and Mr. Teppy's agreement to provide it. I note that there is a Falls of Fire 2023,
Liability Waiver, provided in the additional testimonies that were received after the hearing. Is this the
waiver that was used in 2023, 2024 and 2025? If not, please provide the waivers.
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411
NOTICE: Information contained in this transmission to the named addressee is proprietary information and is subject to attorney-client
privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should
immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof.
Gmail
596
Sherry Broder <sherrybroder@gmail.com>
Re: Waiver
1 message
Andrew Tepper <teppy@egenesis.com>Wed, Dec 3, 2025 at 8:36 AM
To: sherry broder <sherrybroder@sherrybroder.com>
Cc: Cal Chipchase <cchipchase@cades.com>, Jake Honigman <jhonigman@cades.com>, "Kay, Christian"
<Christian.Kay@hawaiicounty.gov>, "Campbell, Jean K" <JeanK.Campbell@hawaiicounty.gov>, "Darrow, Jeff"
<Jeff.Darrow@hawaiicounty.gov>, "Lactaoen, Kawehilani S" <KawehilaniS.Lactaoen@hawaiicounty.gov>, "Melissa
Dacayanan (Melissa.Dacayanan@hawaiicounty.gov)" <Melissa.Dacayanan@hawaiicounty.gov>, "Ley, Rachelle"
<Rachelle.Ley@hawaiicounty.gov>, Jim McMahon <jimlichun@gmail.com>, "Jackson, Maija"
<Maija.Jackson@hawaiicounty.gov>
The same waiver was used in 2023 and 2024, the only difference was the year was changed. I think you have that one.
Because I was trying to do 2025 as a private gathering, no waiver was used.
Teppy
On Wed, Dec 3, 2025, 1:34 PM sherry broder <sherrybroder@sherrybroder.com> wrote:
Aloha Counsel and Parties, I am following up on the request made at the hearing to Mr. Teppy to provide
a copy of the waiver and Mr. Teppy's agreement to provide it. I note that there is a Falls of Fire 2023,
Liability Waiver, provided in the additional testimonies that were received after the hearing. Is this the
waiver that was used in 2023, 2024 and 2025? If not, please provide the waivers.
Aloha, Sherry P. Broder
Sherry P. Broder, Esq.
Sherry P. Broder, A Law Corporation
500 Ala Moana Blvd., Suite 7400
Honolulu, HI 96813
808-342-1411
NOTICE: Information contained in this transmission to the named addressee is proprietary information and is subject to attorney-client
privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should
immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof.
597
0000001
CORRECTED & TRANSLATED ZOOM COMPUTER GENERATED WRITTEN TRANSCRIPTS
COMPUTER GENERATED TRANSCRIPTION: provided by Trint computer programCORRECTED TRANSCRIPTION: Hawaiian language transcribed testimony corrected by translatorTRANSLATION: English translation provided by translator for Hawaiian language spoken by testifierALREADY TRANSLATED: spoken English translation of spoken Hawaiian language testimony provided by testifier(during testimony)
Speaker 11 [00:31:31]
Speaker 14 [00:37:14]
Speaker 20 [00:56:54]
Speaker 11 [01:12:33]
Speaker 25 [01:36:24]
Speaker 26 [01:36:33]
Speaker 3 [02:34:55]
Speaker 4[02:46:20]
WRITTEN TESTIMONY
Keahi NoaPg. 9
Joseph McDanielpg. 15
COMPUTER GENERATED
TRANSCRIPTION
Speaker 24 [02:03:02]
CORRECTED TRANSCRIPTION:
Speaker 11 [00:31:31] Aloha kakahiaka,
ʻo Melissa Leilani Demello koʻu inoa. Nohoau ma ʻŌlaʻa, Puna ma kēia mokupuni nei.
ʻO ia wale nō, mahalo nui. (AT THE END OFHER TESTIMONY)
Speaker 14 [00:37:14] He aloha, hewelina nui lā, e ka ʻāina ʻo Pāpaʻikou. Pāmai ka makani Pākaʻa lā, i ka laʻi o nāpalikū. Eia nō mākou, nā haumāna lā, o kekula haʻahaʻa pono, o ke aliʻi makaʻāinanalā, ʻo Kūhiō Kalanianaʻole. E ola mau kainoa o Kūhiō lā, o ka meʻe hoʻopulapula.Aloha nui i ka lāhui lā, me nā keiki oHawaiʻi nei, he inoa no, Ke Kula o PrinceJonah Kūhiō Kalanianaʻole.
Speaker 20 [00:56:54] Aloha mai kākou,
ʻo wau o Skye, noho au ma Waiākea Uka.
Speaker 11 [01:12:33] Aloha kakahiakakākou, ʻo Chloe Waters koʻu inoa, noho auma Hilo, no ka ahupuaʻa ʻo Waiākea.
E ke akua e aloha mai ʻoe i ka mea i maʻi ae kala wale mai ʻoe……
a me koʻu haumia….a me koʻuwahaheʻe……. e maliu ʻoe……a heleleʻi…..aola ia e ke akua, ka lā….o kou mana ia ʻoe,ola.
Speaker 24 [02:03:02] Aloha, ʻo wau koʻu
inoa, Nakoa Wilbur a me Waiʻanae, Oʻahu.
Speaker 3 [02:34:55] Aloha mai kākou, ʻoKahanuloa E. Makana Akiona koʻu inoa. Ireside in the ʻili of Waikoloa withinKamuela, ma ka pae ʻāina Hawai’i.
Speaker 4 [02:46:20] Mahalo, aloha maikākou, ʻo Hannah koʻu i noa, no LosAngeles, traditional Tongva territory maiau, noho au ma Hilo. He settler aloha ʻāinaau.
Written Testimony (Text)
Mahalo palena ʻole
ʻŌpeʻapeʻa
TRANSLATION
TRANSLATION
ALREADY TRANSLATED
Aloha kakayakao malisa lilanitimelo ko'o ino'a. Nuhua'oola'a puna maki'i a mokopunine. Mahalanuifor having this hearing
He aloha, he
velina nui la, e ka'aina o papa'i ko'u. Pa'a
mai ka makani, pa'a ka'a la, i ka la'i o na
paliku'u E a no mako na haumanala, o ke
kula ha'a ha'apono, o ke ali i maka'aina
nala. O kuhi o ka lani ana ohole E ola
maukai noa o kuhio ola O ka me eho o
pula pula Aloha nui ka lahui la Me nā ke kī
o Hawai'i nei, heino ano ke kula o peni.
Aloha mai
kākou, o wau o Skye, noho au maa
waiakea uka. Aloha, my name is Skye and
I reside in Waiakeau Uka.
Aloha kakahiakakākou o Chloe Waters ko uinoa, nohoamaa hilo no ka ahupua'o o Waiakea.
E ke akuae aloha mai ʻoe i ka mea i ma ia e kalawale mai o o e
Ape ko uapia,me ko uaipu Ame ko uaita, meko wahe, ea
meko uukinonai a uoku kui, e mari uoku
Aloha mai kākou okahanulawa e umakana akeona kou i noa.I reside in the Ili of Waikoloa withinKamuela, Makopai aina Hawai’i.
Mahalo, aloha mai kākou, ohēna kou i noa, noa Lo
ʻOloho ʹo wākuino nā kua ʷowera ʁame wae ʔa nai ʿuafu,and I am in strong opposition to thespecial use permit application for the fallson fire
Speaker 11 [01:12:33] Good
morning to us all, my name is
Chloe Waters, I reside in Hilo in
the ahupuaʻa of Waiākea.
Translators Note: Testifier ispresenting a chant, however theaudio is insufficient to fullytranscribe and therefore translate.
Translators Note: Testifier ispresenting a chant, however theaudio is insufficient to fullytranscribe and therefore translate.
Speaker 24 [02:03:02] Aloha, myname is Nakoa Wilber fromWaiʻanae, Oʻahu.
Speaker 3 [02:34:55] Aloha to us
all, my name is Kahanuloa E.
Makana Akiona. I reside in the
area of Waikoloa within Kamuela,
in the archipelago of Hawaiʻi.
Endless Mahalo.
Hawaiian Hoary Bat.
Speaker 11 [00:31:31] Goodmorning, my name is MelissaLeilani Demello. I reside in ʻŌlaʻa,Puna on this island.
That is all, thank you very much
(AT THE END OF HER TESTIMONY)
Speaker 14 [00:37:14] Aloha andgreetings to the land of Pāpaʻikou.The wind of Pākaʻa blows in thecalm of the majestic cliffs. Herewe are, the students of therighteous elementary school ofthe Citizen Chief, KūhiōKalanianaʻole. May his name liveon forever, Kūhiō, the hero ofrehabilitation (Hawaiian HomeLands). With aloha for the peopleand the children of Hawaiʻi. This aname song for, Prince Jonah Kūhiō
Speaker 4 [02:46:20] Thank you,
aloha to us all, my name is
Hannah, I am from Los Angeles,
traditional Tongva territory, I
reside in Hilo. I am an aloha ʻāina
settler (a settler who loves the
land)
Speaker 20 [00:56:54] Aloha, myname is Skye and I reside inWaiākea Uka.
598
GLOSSARY OF COMMONLY USED HAWAIIAN WORDS AND THEIR TRANSLATION(s)
1.ʻĀina - land
2.Mālama ʻĀina/Mālama Ka ʻĀina/Aloha ʻĀina - to care for the land
3.Me Ke Aloha - with aloha
4.Ahupuaʻa - traditional Hawaiian land division system
5.ʻŌiwi - indigenous person
6.Kūpuna - elders
7.Kumu - teacher
8.Kamaʻāina - child of the land, refers to a long-time resident of Hawaiʻi
9. Kanaka Maoli - term used to describe a Native Hawaiian
10. Hewa - wrong, offense
11. Kuleana - responsibility
12. Makahiki - year, annual
13. Mele - song, chant, poem
599
KELIʻIHOALANI N. K. WILSON
Biography
Keliʻihoalani N. K. Wilson is a Hawaiʻi-based consultant and Hawaiian-language speaker
with experience in translation, cultural review, and strategic communication. Raised and
educated entirely through the Hawaiian language from preschool through 12th grade, she
brings lifelong fluency and a strong foundation in linguistic accuracy, cultural context, and
clear interpretation. She provides Hawaiian-language translation, review, and guidance to
government agencies, organizations, and businesses, with the goal of supporting written
materials and testimonies that are accurate, consistent, and aligned with the intent of the
original speaker.
Keliʻihoalani served for ten years as the Director of Cultural Affairs for the Hawaiʻi Tourism
Authority, where she worked with communities across the state and collaborated with
government partners, industry leaders, and local organizations. Her role focused on
improving coordination, strengthening understanding among stakeholders, and ensuring
that statewide programs reflected informed cultural considerations. This experience gave
her practical insight into how cultural knowledge, historical context, and public
engagement intersect with policy, land use, and government decision-making.
In her consulting practice, she supports clients through Hawaiian-language services,
cultural review, strategic planning support, project consultation, and brand and marketing
review. She is frequently asked to evaluate materials for cultural accuracy, clarity of
communication, and appropriate use of Hawaiian language and concepts. Her work is
grounded in careful analysis, professionalism, and a commitment to helping ensure that
Hawaiian-language content is represented accurately and responsibly in official records
and public-facing documents.
Keliʻihoalani continues to apply her skills across projects that require both careful language
use and cultural understanding, contributing to government and community efforts that
rely on clear communication, responsible translation, and informed review.
4348 Waiʻalae Avenue #314, Honolulu, Hawaiʻi 96816
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SHERRY P. BRODER
A Law Corporation
Law Offices of Sherry P. Broder
500 Ala Moana Blvd., Suite 7400, Honolulu, HI 96813
Tel: 808-342-1411
sherrybroder@sherrybroder.com
January 9, 2026
Chair Louis Daniele III and Commissioners
County of Hawai`i
Windward Planning Commission
Chair Louis Daniele III and Commission Members
By Email
Re: Contested Case Proceedings on the Matter before the Windward Planning Commission
Regarding Special Permit Application No. PL-SPP-2024-000075 Contested Case Hearing
Petition No. PL-CCH-2025-000025 Petitioner: James McMahon and Lichun Huang Applicant:
Teppy Mountain, LLC Tax Map Key: (3) 2-7-007:001 (por.), Pāpaʻikou, South Hilo, Hawai‘i
Dear Chair Daniele and Windward Planning Commission Members,
I am submitting this report through Dec. 31, 2025 to update the Windward Planning
Commission (hereafter “Commission”) on the status of the proceedings related to the Special
Permit Application No. PL-SPP-2024-000075 Contested Case in this matter. At this time, the
Contested Case is still in progress and not all briefs have been filed. This Hearings Officer has
not made any findings of fact, conclusion on the law and the reasons thereof, and a
recommended decision and order.
I. Brief Summary of the Application
The property owner, Teppy Mountain LLC [principal is Andrew Tepper], submitted an
application for a Special Permit to allow on Agricultural Lands an annual event called Falls on
Fire Festival on August 27, 2024. The annual event would be for a four-day-long festival with
overnight camping and with a maximum attendance of 500 on approximately 14.7 acres of the
Papaikou of a larger 1,419-acre property in the State Land Use Agricultural District.
Approximately 14.24 acres of land, inclusive of access roads, would be used for the annual 4-day
festival event including designated camping areas and a bonfire area. The remaining
approximately 0.46-acres would be used for commercial vehicle storage and a check-in area for
the event.
As at Burning Man in Nevada, there is a burning ceremony of an effigy which is lit on
fire to close the event.
619
2
The application also requests that the Special Permit include and legitimize storage
for up to six commercial vehicle storage on the same 1,419-acre property.
The subject property is located at 27-476 Indian Tree Road, approximately 0.7 miles west
(mauka) of its intersection with Hawaiʻi Belt Road, Alemai to Kawainui, Pāpaʻikou, South Hilo,
Hawaiʻi, TMK: (3) 2-7-007:001 (por.).
The subject property and permit area include a mix of soils designated as “C” or fair and
as “D” or “Poor” and the stream areas designated as “E” or “Very Poor” for agricultural
productivity. Agricultural Lands of Significance to the State of Hawaiʻi (ALISH): The permit
area is classified as primarily prime agricultural land, with portions of the property along the
streams as “unclassified.”
Access to the property is provided via Indian Tree Road, a private roadway with
pavement widths varying between 12 and 16 feet within 50-foot-wide easements, with the
property situated approximately 0.7 miles west (mauka) of Hawaiʻi Belt Road. Applicant has an
easement.
Applicant did conduct a Falls of Fire events on the property without having obtained a
Special Use Permit. Applicant explained as follows that he did not know he needed a Special
Use Permit in 2023. He filed for a Special Use Permit on August 27, 2024. “Although the
applicant had informed the County Planning, Police and Fire Departments prior to hosting the
event in 2023, unfamiliar with the County and State regulations requiring a Special Permit, the
applicant regrets that he misunderstood County requirements and held the 2023 event without
obtaining a Special Permit.” The application stated that “The event will be offered on a donation
basis and attendees will be encouraged to bring all that they need, share with others and leave the
environment better than they found it. The applicant’s intention is to offer only one (1) event per
year. . . .” The event will be held annually in November. Applicant states that it will not require
any permanent structures or land altering activity.
Applicant did hold a Falls of Fire events on the subject property in November 2023 and
2024. Applicant held a third Falls of Fire event in November 2025 and has stated that he was
trying do the 2025 event as a private gathering.
The Hawaii County Planning Department has issued fines to Teppy Mountain LLC for
violations for hosting unpermitted events.
In 2023, the Planning Department determined that the organizers did not have
the proper permits for an overnight camping event, leading to fines totaling $34,400. Despite
these fines, the 2024 event went ahead, prompting the department to require Tepper not to
conduct or advertise any further unpermitted events until securing a special permit.
2. Prior proceedings Before Appointment of Hearings Officer.
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The application for the Special Permit was on the agenda of the Feb. 6, 2025, meeting of
the Windward Planning Commission. Mr. McMahon and Ms. Huang were granted standing to
intervene as petitioners in a contested case procedure. The agenda item was then postponed.
Thereafter, mediation between the parties was conducted in May and June 2025 and was
unsuccessful. The contract for Hearings Officer appointment was finalized on October 8, 2025.
3. Contested Case Proceedings Before the Hearing.
On October 8,2025, the Hearings Officer contacted the counsel and parties to set a first
prehearing conference as soon as possible. All counsel and parties agreed to set the first
prehearing conference on October 17, 2025. Pursuant to the Commission Rule 4-7, a virtual pre-
hearing conference was held on October 17, 2025. Andrew Tepper for Teppy Mountain
LLC, Applicant; Calvert Chipchase and Jake Honigman, Attorneys for Applicant; James
McMahon and Lichun Huang, Intervenor; Jeffrey Darrow, Planning Director; Deputy
Corporation Counsel Jean Campbell, Attorney for Planning Department; Maija Jackson,
Planning Program Manager for Planning Commission; and Melissa Dacayanan-Salvador,
Windward Planning Commission Secretary appeared via Zoom. These individuals were present
at all zoom conferences and the Hearing.
Pursuant to Commission Rule 4-4, the Hearing Officer as presiding officer has the
authority to fix the time for the filing of briefs and take all other actions authorized by law that
are deemed necessary for the orderly and just conduct of a hearing. All counsel and parties
agreed to these dates and procedure. Pursuant to this rule, the Hearings Officer entered a
Scheduling Order after the October 17, 2025 Hearing. After a minor change to the submission
dates in the draft, an Amended Scheduling Order was signed by the Hearings Officer on October
31, 2025 and served on November 3, 2025. The Amended Order provided as follows:
1. The hearing on this matter will commence before the Hearings Officer on
Thursday, November 13, 2025. The hearing will be held at Hawai‘i County
Council Chambers, 25 Aupuni Street, Hilo, Hawaiʻi and by interactive conference
technology (ICT) via Zoom. The hearing will start at 9:00 a.m. HST and must end
by 8:30 p.m. HST.
2. The parties shall exchange witness lists, briefs, exhibits, additional evidence, and
supplemental memorandum and shall file the same with the Hearings Officer, no
later than November 6, 2025, by 4:30 p.m. HST. The witness list shall identify
each witness that the party intends to call at the hearing, describe concisely the
substance of the testimony to be given, and an estimated time required for the
testimony of the witness on direct examination. The Hearings Officer has allowed
the Intervenor to disclose any witnesses no later than November 10, 2025 by 4:30
p.m. HST.
3. The parties shall file any objections or rebuttals to the record on all parties and the
Hearings Officer no later than November 11, 2025, by 4:30 p.m. HST.
The Commission record on the Special Permit application, minutes of the February 6,
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2025 Commission meeting on the matter, and the Planning Commission Rules of Practice and
Procedure were provided to the parties by email after the pre-hearing conference on October 17,
2025.
Public notice was given of a contested case hearing for the application to be conducted by
Hearing Officer Sherry Broder, Esq. for the Windward Planning Commission of the County of
Hawaiʻi in accordance with the provisions of Chapter 91-9, Hawaiʻi Revised Statutes and the
Planning Commission’s Rules of Practice and Procedure. Among other things, the following
information was provided. Date: Thursday, November 13, 2025, Time, 9:00 a.m. Place: Hawai‘i
County Council Chambers in Hilo 25 Aupuni Street, Hilo, Hawaiʻi. This meeting will be held in
person and by interactive conference technology (ICT) via Zoom. The public may testify at the
physical location listed above or by joining Zoom. Note the hearing officer shall afford all
interested persons an opportunity to present testimony on the matter prior to the commencement
of the hearing and prior to proceedings on any subsequent day to which the proceeding is
continued. The Hearing Officer may reasonably limit testimony as to time, and may exclude any
testimony that is irrelevant, immaterial or unduly repetitive. The public notice was published in
the Hawai‘i Tribune Herald: Friday, October 31, 2025 and West Hawai‘i Today: Friday, October
31, 2025.
4. Contested Case Hearing.
The contested case Hearing was held on November 13, 2025 in the Council Chamber
starting at approximately 9 a.m. and concluding at approximately 8:15 p.m. There were 25
members of the public who testified in person and 12 members by zoom. The Hearings Officer
limited public testimony to three minutes but allowed further written testimony to be submitted by
October 17, 2025 4:30 p.m. An additional 23 members of the public submitted written testimony
by the deadline.
The Applicant presented their testimony first and had three witnesses who testified.
Andrew Tepper, Owner, Teppy Mountain LLC (Applicant) Mr. Tepper (through his LLC) is the
owner of the land and organizer of the gathering at issue. He testified about the gathering and
vehicle storage for which the permit is requested, including the gathering’s purpose and values,
and measures to limit any adverse environmental impacts they might have. 2. Roger Uchima,
rancher who leases land from Applicant. Mr. Uchima is a local rancher who leases approximately
1,000 acres from Applicant as pasture for his cattle. He seeks permission to store his vehicles on a
small area of the property. He testified about his ranching and trucking operation. 3. John Pipan,
Planning Administrator, Land Planning Hawai‘i LLC Mr. Pipan is the environmental consultant
who prepared and submitted the Special Permit Application at issue on the Applicant’s behalf. He
testified about the gathering and vehicle storage for which the permit is requested, including
measures to limit their environmental impacts.
The Intervenors presented their testimony second and had two witnesses. Mr. James
McMahon and Ms. Lichun Huang testified on the reasons for their objections and presented
evidence relating to their objections.
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The Planning Department presented its evidence third and had one witness. Mr. Jeffrey W.
Darrow, Planning Director, provided testimony on how the Planning Department interprets and
applies criteria for recommending approval of a Special Permit; provided description of condition
of the property at County site visit; described how this application met or did not meet applicable
criteria.
At the conclusion of the Hearing, the Hearings Officer provided the following deadlines:
• Parties have until 4:30 p.m. on Friday, November 21st to provide any rebuttal to
the written public testimony submitted after the Hearing.
• Parties, except the Planning Department, to provide written Final Arguments by
December 3, 4:30 p.m.
• Planning Department to provide written Final Argument on December 10, 4:30
p.m. to allow the Department to review all testimony and arguments, including
the final arguments, to decide if it wants to revise its recommendations.
• Parties have until 4:30 p.m. on Friday, November 21st to provide any rebuttal to
the written public testimony.
5. Post Hearing Developments.
The Planning Commission staff provided the copies of all written testimony, Zoom
recordings and computer-generated transcripts to counsel and the parties.
Many members of the public testified or submitted written testimony, part of which were
in ʻŌlelo Hawai`i. The Hearings Officer contacted two different court reporting services to
transcribe the hearing but neither one was agreed to transcribe including the ʻŌlelo Hawai`i
testimony. One court reporter recommended that the computer-generated transcript be used,
rather than having an original transcription done based on the recordings. The second court
reporting agency contacted about preparing a transcript from the zoom recording and computer-
generated transcripts never responded after receiving the materials.
The Hearings Officer set a zoom post hearing conference on November 26, 2025 to
discuss the Court Reporter, Transcript of ʻŌlelo Hawaiʻi Testimony, and Deadlines and explain
difficulties and issues. All parties agreed to (1) use the computer- generated written transcript
based on the zoom recording (“transcript") as the official transcript but with opportunity for parties
to object to any language party determines is not correct and (2) set new dates in light of the delays
caused by the transcript challenges as follows:
• Written Final Arguments (All Parties except Planning Department): Due by 4:30
p.m. on Monday, Jan. 5, 2026.
• Written Final Argument (Planning Dept): Due by 4:30 p.m. on Jan. 12, 2026. The
Planning Department may revise recommendations based on the evidence and
final arguments by the parties.
The Hearings Officer researched the issues surrounding the use of the ʻŌlelo Hawaiʻi in
legal proceedings. The Hearings Officer reviewed the computer-generated transcript of the zoom
recordings and located all the testifiers who testified in part in Ōlelo Hawai’i. In Navahine v.
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Hawaiʻi Department of Transportation, First Circuit Court, State of Hawai’i, CIVIL NO. 1CCV-
22-0000631 (Environmental Court) (re climate impact of State transportation system),
counsel could not find a court reporter trained in ʻŌlelo Hawaiʻi. Instead, they found someone
who was fluent and translated the recording to English and had a court reporter transcribe
it. After discussion and statements of positions by counsel and the parties and recognizing that
the Hawai`i State Constitution provides that ʻŌlelo Hawaiʻi and English are the official
languages of Hawai`i and that many members of the public did use ʻŌlelo Hawaiʻi, the Hearings
Officer decided that the Ōlelo Hawaiʻi testimony should be translated and would retain a
translator knowledgeable in ʻŌlelo Hawai’i to translate testimony, confirm the accuracy of and to
correct where necessary the computer generated ʻŌlelo Hawai’i, and point out where there might
be some discrepancies with the self-translation and provide the translations to the parties.
The Hearings Officer retained an expert translator and worked with the translator on the
scope of assignment, including utilizing the computer-generated transcripts and listening to the
zoom recordings, preparing spreadsheets of the corrected and translated zoom computer-
generated written transcripts, and developing a glossary of commonly used ʻŌlelo Hawaiʻi words
in the testimonies which are also generally known. The Hearings Officer circulated the work of
the translator and provided her curriculum vitae to counsel and the parties.
At the Hearing, the Applicant agreed to provide a copy of the waiver participants at the
Falls of Fire were asked to sign. Among materials submitted by the public in their testimonies
was a Falls of Fire Lability Waiver, provided in the additional testimonies received after hearing,
is the Waiver used by Applicant for 2023 and 2024. Applicant confirmed that that waiver was
used for the 2023 and 2024 Falls of Fire event and that no waiver was used for the 2025 event
The Applicant explained in a written email, “The same waiver was used in 2023 and 2024, the
only difference was the year was changed. I think you have that one. Because I was trying to do
2025 as a private gathering, no waiver was used.”
6. Conclusion.
Once the Hearings Officer was appointed, this matter has moved expeditiously. The
assistance of the Planning Commission staff has been excellent. The Hearings Officer will be
compiling the record and examining the evidence and testimonies, considering the
recommendation of the Planning Department, and researching the applicable law, rules,
regulations and guidelines before making a recommendation to the Windward Planning
Commission. The final filing is January 12, 2026 and the Hearings Officer plans to make her
recommendation on or before February 16, 2026. Mahalo for this opportunity.
Sincerely,
Sherry P. Broder, Esq.
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WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
TEPPY MOUNTAIN, LLC, Applicant,
JAMES McMAHON and LICHUN HUANG,
Intervenors, JEFFREY W. DARROW,
Planning Director.
SPECIAL PERMIT APPLICATION NO. PL-
SPP-2024-000075 CONTESTED CASE HEARING PL-SPP-2025-000025
PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER; CERTIFICATE OF SERVICE
PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER This matter came on for contested case hearing before Hearing Officer Sherry
Broder (“Hearing Officer”) on November 13, 2026 (“Hearing”). Teppy Mountain, LLC
(“Applicant”), was represented by its Counsel, Calvert Chipchase, Esq. and Jacob Honigman,
Esq. Jeffrey W. Darrow, Planning Director, County of Hawai'i (“Director”) was represented by
Deputy Corporation Counsel, Jean K. Campbell, Esq. Intervenors James McMahon and Lichun
Huang represented themselves.
Pursuant to the Hearing Officer’s request to submit closing briefs with potentially
amended permit conditions and after considering all the evidence presented in the Special Permit
application and at the Hearing, as well as all public testimony received relating to this matter, the
Director submits this Proposed Findings of Fact, Conclusions of Law, Decision and Order which
sets forth the Director’s recommended amended conditions to the Special Permit.
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WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
TEPPY MOUNTAIN, LLC,
Applicant, JAMES McMAHON and LICHUN HUANG,
Intervenors, JEFFREY W. DARROW,
Planning Director.
SPECIAL PERMIT APPLICATION NO. PL-
SPP-2024-000075
CONTESTED CASE HEARING PL-SPP-2025-000025 FINDINGS OF FACT, CONCLUSIONS OF
LAW, DECISION AND ORDER;
CERTIFICATE OF SERVICE
FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER This matter came on for contested case hearing before Hearing Officer Sherry
Broder (“Hearing Officer”) on November 13, 2026 (“Hearing”). Teppy Mountain, LLC
(“Applicant”), was represented by its Counsel, Calvert Chipchase, Esq. and Jacob Honigman,
Esq. Jeffrey W. Darrow, Planning Director, County of Hawai'i (“Director”) was represented by
Deputy Corporation Counsel, Jean K. Campbell, Esq. Intervenors James McMahon and Lichun
Huang represented themselves.
After considering all the evidence presented in the Special Permit application and at the
Hearing, as well as all public testimony received relating to this matter, the Hearing Officer
submits this Findings of Fact, Conclusions of Law, Decision and Order:
FINDINGS OF FACT
A. Background
1. The Applicant submitted a Special Permit application to allow an annual, 4-day
long festival event with overnight camping and to allow the storage of up to 6 commercial
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vehicles on 14.7 acres (“permit area”) of a larger 1,419-acre parcel in the State Land Use
Agricultural District.
2. The subject property is located at 27-476 Indian Tree Road, approximately 0.7
miles west (mauka) of its intersection with Hawaiʻi Belt Road, Alemai to Kawainui, Pāpaʻikou,
South Hilo, Hawaiʻi, TMK: (3) 2-7-007:001 (por.).
3. State Land Use District: The permit area is in the State Land Use Agricultural
district.
4. County Zoning: The permit area is in the County Agricultural 20-Acre (A-20a)
zoning district.
5. General Plan LUPAG Map Designation: The subject property is primarily
designated as Important Agricultural Lands, which are lands with better potential for sustained
high agricultural yields because of soil type, climate, topography, or other factors.
6. Hāmākua Community Development Plan (HCDP): The HCDP was adopted by
Ordinance No. 18-78, with an effective date of August 22, 2018. The subject property is within
the geographic area contemplated by the HCDP.
7. Special Management Area (SMA): The permit area is not located within the
County's Special Management Area (SMA) and is situated over one mile from the nearest
coastline.
8. The Applicant leases a portion of the subject property to a local rancher who
utilizes approximately 1,000 acres of the subject property as pasture for his cattle.
B. Project Description
9. The proposed project consists of two components, an event component and a
commercial vehicle storage component.
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10. In the event component, the Applicant proposes to operate an annual, 4-day-long
festival event called “Falls on Fire”, in the spirit of the burning man festival (only 1 event per
year). Over the last three years, the Applicant has held the event in November but would like
some flexibility to hold it at other times, provided it occurs only once per year. The event will be
centered on principles of inclusion, gifting, self-reliance, self-expression, communal effort, civic
responsibility, and respect for the environment, emphasizing the practice of “leave no trace”. The
event will be offered on a donation basis and attendees will be encouraged to bring all that they
need, share with others and leave the environment better than they found it. During the duration
of the event, activities may occur at any time of the day.
11. In the commercial vehicle storage component, the Applicant proposed that an
approximately 0.46-acre area will be utilized continuously to store up to six (6) vehicles,
including dump trucks, tractor trailers, and a backhoe. According to the Applicant, while these
vehicles are primarily used for cattle ranching purposes, the vehicles are also used to transport
gravel to local businesses when not in agricultural use. Despite the representation of the storage
of up to 6 such vehicles, a site visit found 8 pieces of heavy equipment (2 new excavators, 2 new
bulldozers, a new tractor, a new SkyTrak forklift, an older tractor trailer dump truck, equipment
trailers, and an older farm tractor) along with vehicle fueling infrastructure, and several
unpermitted storage structures. Additionally, according to testimony by neighbors, this heavy
equipment is rented and delivered by the Applicant’s ranching lessee to off-site users through his
business, “Indian Tree Ranch and Rental LLC”. Based on the preceding, the Planning Director
considers the use to be a heavy equipment rental base yard, rather than a commercial vehicle
storage area.
12. Details of the proposed event component include:
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(a) Land Area: Approximately 14.24 acres of land, inclusive of access roads, would
be used for the annual 4-day festival event including designated camping areas
and a bonfire area. The remaining approximately 0.46-acres would be used for a
check-in area for the event as well as the commercial vehicle storage area.
Fencing and signage throughout the property will ensure that attendees remain
within the boundaries of the Special Permit area. Additionally, it is noted that
attendees will be welcome to enjoy the waterfalls on the property during the event
as an outdoor recreational use which is permitted on agricultural land.
(b) Attendees: The Applicant proposes to host up to 500 attendees. Attendees will be
required to bring their own food, water, camping supplies and other gear as those
things will not be supplied by organizers.
(c) Activities & Workshops: Activities and workshops offered during the event will
be dynamic and may change year-to-year as they will be initiated by the event
participants, not the organizers. Thus, the number of possible activities which may
occur during each event will depend on the number of participants. Examples of
possible events, activities and workshops include fire performances/dancing, light
installations (i.e. projection of light onto waterfalls or holograms), art installations
celebrating native Hawaiian culture, flora and fauna, live music and DJ sets, eco-
conscious workshops featuring topics such as permaculture, sustainable building
and ocean conservation, healing and wellness spaces (i.e. medication zones and
yoga areas), interactive community projects (i.e. collaborative art-making),
environmental activism meetups and a burning ceremony involving the burning of
a symbolic effigy to close out the event.
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(d) Camping: The Applicant proposes to offer overnight camping in three designated
campsite areas. Attendees will be encouraged to share their own artistic
contributions, workshops, and performance ideas to create a vibrant and engaging
sense of community within the camp.
(e) Bonfire Area: A designated bonfire area will consist of approximately 0.31 acres
and will serve as additional gathering space for attendees. This area will be the
location of a burning ceremony mentioned above.
(f) Event Safety: The Police Department, Fire Department and Planning Department
will be notified prior to the annual event. Volunteers will be stationed at the
access gate to ensure that all attendees are registered. Additionally, depending on
the number of attendees anticipated, between 4 and 10 volunteer “rangers” will be
on site. The rangers are individuals trained to watch out for and de-escalate
conflicts. The rangers will call the appropriate authorities should a situation arise,
which cannot be safely resolved.
(g) Fire Protection: According to the application, a 3,000-gallon water tank exists in
the base yard area and will be available for emergency fire protection. However, it
should be noted that during a site visit, staff observed that the tank had been
disassembled, therefore, the tank is not available. Additionally, fire extinguishers
will also be located within the bonfire area and each of the campsite areas. If
required, the Applicant is willing to install a fire suppression water tank within the
bonfire area.
(h) Amplified Sound: Amplified sound will be permitted during the event. All
amplified sound will be directed in a westerly (mauka) direction, toward the bulk
remainder of the vacant 1,419-acre parcel, away from any neighboring dwellings.
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(i) Access and Parking: Access to the property is provided via Indian Tree Road, a
private roadway with pavement widths varying between 12 and 16 feet within 50-
foot-wide easements over which the Applicant has legal easement. Internal access
through the property to the bonfire area and designated campsite areas will be
provided by an existing 10-foot-wide gravel driveway. This existing driveway
includes multiple pull-off points to accommodate two-way traffic and crosses a
stream. Parking for up to 200 vehicles is available in designated areas within the
campsite zones on existing grassy areas.
(j) Potable Water & Wastewater: The property is not served by the County water
system; thus, attendees will be required to bring their own potable water for the 4-
day event. The Applicant proposes to provide portable toilets for the 4-day event.
13. Details of the proposed commercial vehicle storage component include:
(a) The remaining approximately 0.46-acres being used for a check-in area for the
event will also be used for the heavy equipment rental base yard.
(b) The heavy equipment rental base yard area on the property has been previously
cleared and consists of gravel, providing a stable and suitable surface for base
yard and event check-in purposes.
C. Description of Subject Property and Surrounding Area
14. Subject Property and Permit Area: The subject property consists of 1,419 acres of
land and is located at the top of Indian Tree Road, approximately 0.7 miles west (mauka) of
Hawaiʻi Belt Road in Pāpaʻikou. A series of streams run throughout the property and vegetation
thereon consist primarily of non-native shrubs and grasses, although the proposed permit area
has been previously cleared. Approximately 1,000 acres of the parcel is leased to a rancher and
utilized as pasture for grazing cattle and an approximately 0.46-acre area of the property contains
a permitted agricultural storage structure, vehicle fuel tanks, and a parking area where several
pieces of heavy equipment are stored. While the Applicant represented this was for storage of up
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to 6 such vehicles, a site visit found 8 pieces of heavy equipment and several unpermitted
structures (including 9 shipping containers, a portable office structure, a shed roof carport, and a
temporary canopy structure housing most of the heavy equipment. The remainder of the property
is vacant of other structures and uses.
15. Surrounding Zoning/Land Uses: Most surrounding properties are similarly zoned
A-20a, with a few parcels to the south designated as A-10a. Surrounding land uses are primarily
agricultural, including cattle grazing and some residential use with the nearest dwelling
approximately 500 feet to the southeast of the proposed event area. Directly west (mauka) of the
subject parcel is a large, approximately 11,395-acre property owned by the Applicant, primarily
designated as conservation land.
16. USDA Soil Survey Report: Soils in the permit area are classified as Hilo Hydrous
Silty Clay Loam: Characterized by 10 to 20 percent slopes. This soil type is well-drained and
formed from ash fields over lava flows. It is classified as having a medium runoff class.
17. Land Study Bureau Soil Rating: The subject property and permit area include a
mix of soils designated as “C” or fair and as “D” or “Poor” and the stream areas designated as
“E” or “Very Poor” for agricultural productivity.
18. Agricultural Lands of Significance to the State of Hawaiʻi (ALISH): The permit
area is classified as primarily prime agricultural land, with portions of the property along the
streams as “unclassified.”
19. Flood Zone: The permit area is situated within Zone “X”, determined by FEMA
to be an area of minimal flood hazard.
20. Floral/Fauna Resources: No professional survey was conducted of the floral and
faunal resources of the site. The subject property’s observed flora primarily consists of non-
native shrubs and grasses, reflecting its historical use for sugar cane cultivation and cattle
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grazing. No endangered plant species are known to inhabit the area. The fauna includes common
non-native bird species such as doves, warbling white-eyes, house finches, and common mynas,
alongside domestic and feral animals like cats, dogs, and pigs. Native species, such as the
Hawaiian hawk, Hawaiian owl, and Hawaiian hoary bat, may occasionally traverse/utilize the
site due to its rural nature.
21. Archaeological/Historical/Cultural Resources: According to the Applicant, no
formal archaeological studies have been conducted for the site, as the property and permit area
have a long history of agricultural use, primarily for sugar cane cultivation and cattle grazing,
which has likely diminished the presence of archaeological, cultural, and historic resources.
Furthermore, the Applicant is unaware of any traditional or customary Hawaiian practices
associated with the property.
22. Public Access: There is no known public access to the mountains or the shoreline
that runs through the permit area.
D. Public Facilities, Utilities and Services
23. Access and Parking: Access to the property is provided via Indian Tree Road, a
private roadway with pavement widths varying between 12 and 16 feet within 50-foot-wide
easements, with the property situated approximately 0.7 miles west (mauka) of Hawaiʻi Belt
Road. The Applicant has legal easement over the roadway (please note, the application initially
included the incorrect grant of easement document, but the Applicant subsequently provided the
correct documentation of legal access). Internal access through the property to the bonfire area
and designated campsite areas will be provided by an existing 10-foot-wide gravel driveway.
This existing driveway includes multiple pull-off points to accommodate two-way traffic and
crosses a stream. The Applicant plans to comply with Fire Code requirements for Fire
Department Access Roads. Parking for up to 200 vehicles is available in designated areas within
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the campsite zones on existing grassy areas. The commercial vehicle parking area on the
property has been previously cleared and consists of gravel, providing a stable and suitable
surface for vehicle storage and event check-in purposes.
24. Traffic Impacts: The Applicant anticipates the four-day, annual event to attract
200 vehicles based on an estimated attendance of 500 people, with most attendees carpooling.
Traffic will be staggered, with arrivals spread over Friday and Saturday and departures on
Sunday and Monday, avoiding peak morning traffic times. While the Applicant indicated that the
proposed commercial vehicle storage area is not expected to generate significant additional
traffic as these vehicles are primarily used on-site, testimony from neighbors indicate that the
property is used more as a base yard for heavy equipment rental and that there is frequent
hauling of heavy equipment causing damage to the roadway.
25. Water: The subject property is not currently served with County water. Attendees
will be required to bring their own potable water for the 4-day event. As mentioned above, while
the application indicated the presence of an existing, 3,000-gallon rainwater catchment tank
adjacent to the proposed truck parking area, a site visit revealed that the catchment tank was
disassembled and is no longer available for non-potable and fire suppression needs.
26. Wastewater: The property is not currently serviced by the County sewer system.
The Applicant proposes to provide portable toilets for the 4-day event.
27. Other Essential Utilities and Services: There is no electrical service to the
property, thus attendees may bring their own generators or solar energy systems for the event.
Police, fire, and medical services are located approximately 6.5 miles away in Hilo.
E. Contested Case Hearing
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28. A Petition for Contested Case Hearing was received from James McMahon and
Lichun Huang on January 29, 2025. Both Intervenors were granted standing at the February 6,
2025 Windward Planning Commission meeting in Hilo, Hawai`i.
29. Public testimony at the Windward Planning Commission meeting and at the
contested case hearing held on November 13, 2025 was split between supporting and objecting
to the Application.
30. On October 17, 2025, a pre-hearing conference was attended by Andrew Tepper
for the Applicant, Calvert Chipchase and Jacob Honigman as counsel for the Application, James
McMahon and Lichun Huang, Intervenors, the Director and Jean K. Campbell as counsel for the
Director, Maija Jackson, Planning Program Manager for the Windward Planning Commission,
Melissa Dacayanan-Salvador, Windward Planning Commission Secretary, and the Hearing
Officer.
31. The Hearing Officer issued a Scheduling Order dated October 22, 2025, following
the pre-hearing conference, which fixed deadlines for the filing of witness lists, briefs, exhibits,
additional evidence and supplemental memos, and the date of the contested case hearing.
32. The Applicant, the Intervenors and the Director each filed such documents and
evidence as they deemed relevant and appropriate.
CONCLUSIONS OF LAW
To the extent that any of the Findings of Fact constitute Conclusions of Law, or
Conclusions of Law constitute Findings of Fact, they shall be considered as such. Based on the
foregoing Findings of Fact, the Hearing Officer makes the following Conclusions of Law,
including mixed Findings of Fact and Conclusions of Law:
1. The Windward Planning Commission has jurisdiction over this Special Permit
application.
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2. The granting of the request for approval of Special Permit Application No. PL-
SPP-2024-000075 to allow an annual, 4-day long festival event with overnight camping and to
allow the operation of a heavy equipment rental base yard on 14.7 acres of a larger 1,419-acre
parcel in the State Land Use Agricultural District is an unusual and reasonable use of land
situated within the State Land Use Agricultural District and would promote the effectiveness and
objectives of the State Land Use Law and Regulations and Chapter 205, HRS, as amended.
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 State Legislature
has provided for the Special Permit process to allow certain unusual and reasonable uses within
the Agricultural district.
The subject request is unusual in that the proposed uses are not strictly agricultural in nature
and would allow the Applicant to hold an annual, 4-day-long festival event on their property and
to continue to operate a heavy equipment rental base yard for non-agricultural-related
commercial uses in a designated area on the property. However, the proposed uses are reasonable
in that they would only use a small portion (1%) of the larger land area with a small development
footprint to host occasional special events to diversify their income stream to help offset the
costs of running a ranch. The remainder of the land area will continue to be used for ranching.
Therefore, it is reasonable that this use be allowed in the Agricultural District.
3. The proposed use is not contrary to the objectives sought to be accomplished by
the Land Use Law and Regulations.
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
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health and welfare of the people of the State of Hawaiʻi. In the case of the Agricultural District,
the intent is to preserve or keep lands of high agricultural potential in agricultural use.
The permit area includes a mix of soils designated as “C” or “Fair” and as “D” or “Poor”
and the stream areas are designated as “E” or “Very Poor” for agricultural productivity.
Additionally, lands within the permit area are designated “prime” agricultural lands and
“unclassified” along the stream areas by the State’s ALISH Map.
Given that the Special Permit request involves only a small portion of the property (1% of
the total land area), that the festival use is infrequent (occurring only once a year for a four-day
duration), and that the Applicant is not proposing any permanent structures or ground disturbance,
the request is unlikely to impact the long-term agricultural potential of the land.
Regarding overnight camping in the SLU Agricultural District, the State Land Use
Commission (“LUC”) cited Hawaiʻi Revised Statutes and the 2023 Hawaiʻi Supreme Court
decision in Hoʻomoana Foundation v. Land Use Commission, stating that overnight camping in
the SLU Agricultural District is entirely prohibited. They clarified that even a Special Permit
cannot allow such use; instead, a State Land Use District Boundary Amendment (“SLUBA”)
would be required.
Through the Hoʻomoana Foundation decision, the Court ruled that, “The specific exclusion
of overnight camps from permitted uses in HRS § 205-4.5(a)(6) means that the public and private
recreational use of overnight camps is not permitted, even by special use permit, on class A and B
agricultural district land.” Given that the subject property and permit area are situated on soils
designated as class C, D, and E by the Land Study Bureau, a SLUBA is not necessary, and a
Special Permit is an appropriate path for approval of the requested use on this specific property.
4. The proposed use does not adversely affect the surrounding properties.
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Most surrounding properties are similarly zoned A-20a, with a few parcels to the south
designated as A-10a. Surrounding land uses are primarily agricultural, including cattle grazing and
some residential use with the nearest dwelling approximately 3,500 feet to the southeast of the
proposed event area. Directly west (mauka) of the subject parcel is a large, approximately 11,395-
acre property owned by the Applicant, primarily designated as conservation land. It should be
noted that the application included letters from some neighbors in support of the Special Permit.
Testimony was also received from some neighbors along Indian Tree Road citing
concerns over the existing and potential impacts of the proposed uses on surrounding property
owners including increased traffic related to the annual event; safety concerns over the Indian
Tree Road/Highway 19 intersection; damage to Indian Tree Road by event guests and
commercial trucks; noise, visual, and air quality impacts during event periods, and security
concerns.
To mitigate damage the Indian Tree Road, the Applicant has proposed to repair potholes
and other damage related to increased traffic from the annual event. This will be added as a
condition of approval and expanded to require repair of the roadway related to the more frequent
hauling of heavy equipment over the roadway by the Applicant’s lessee.
To mitigate potential intersection safety concerns, a condition of approval will require the
Applicant to develop a traffic management plan and for review and approval of the State
Department of Transportation (DOT) District Engineer prior to each annual event and will be
responsible for implementing the plan as may be required by DOT.
To mitigate potential noise impacts, the Applicant has indicated that all amplified sound
will be directed in a westerly (mauka) direction, toward the bulk remainder of the vacant 1,419-
acre parcel, away from any neighboring dwellings. The other concerns will be addressed as
discussed below.
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The Police Department expressed concerns and objections to the proposed annual festival
event due to the lack of proper approval and permitting. They emphasized the importance of
being notified in advance, along with the Fire Department and neighboring property owners,
before the annual event. Specifically, they requested the following information: 1) The
anticipated number of participants; 2) The expected volume of vehicular traffic, along with
assurances that all parking will be managed on-site; 3) A plan detailing how the Applicant will
handle event security; and 4) How the Applicant intends to notify neighbors of each event and
how the Applicant intends to address neighbor complaints during the event period (e.g., noise
complaints, etc.)
The Applicant responded in writing indicating that they would not hold any subsequent
events until all necessary approvals and permits are obtained through the Special Permit process.
Prior to each annual event, the Applicant will notify the Planning, Police, and Fire Departments of
the event dates, expected attendees, and vehicle numbers. Security plans, including the use of 4-
10 trained “rangers” to monitor and de-escalate conflicts, will be reviewed with the Police
Department, with authorities contacted if needed. All parking will be on-site, and roadside parking
will be prohibited. Neighbors and landowners along Indian Tree Road will be informed via email
before the event. The Applicant will address complaints during the event, taking immediate action
on reasonable concerns. Disruptive attendees will be removed and barred from future events. The
preceding will be added as a condition of approval.
To ensure that event attendees remain within the extent of the permit area, a condition of
approval will require the Applicant to secure a metes and bounds survey of the and install flagging
around the approved permit area. Prior to and for the duration of each event, the Applicant shall
provide signage indicating the extent of the permit area.
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Finally, there are still outstanding notice of violations and fines related to previously
unpermitted festival events that the Applicant has yet to address, thus a condition of approval will
require the Applicant to rectify all outstanding violations prior to operating the next annual festival
event in 2026.
5. The proposed use does not unreasonably burden public agencies to provide roads
and streets, sewers, water, drainage, school improvements, and police and fire protection.
Access to the property is provided via Indian Tree Road, a private roadway with
pavement widths varying between 12 and 16 feet within 50-foot-wide easements that serve 7
properties between the highway and subject property, with the property situated approximately
0.7 miles west (mauka) of Hawaiʻi Belt Road. The Applicant has legal easement over the
roadway.
Internal access through the property to the bonfire area and designated campsite areas
will be provided by an existing 10-foot-wide gravel driveway. This existing driveway includes
multiple pull-off points to accommodate two-way traffic and crosses a stream. A condition of
approval will require the Applicant to comply with Fire Code requirements, which may include
the necessity to widen and improve the Indian Tree Road and the internal access driveway to Fire
Department Access Road standards if required by the Fire Department.
Parking for up to 200 vehicles is available in designated areas within the campsite zones
on existing grassy areas. While Plan Approval is usually required as a condition of a Special
Permit, it is not required. Given the annual, short-term nature of the proposed festival event and
the fact than no permanent structures or improvements related to the festival use are proposed on
the property, Plan Approval is not recommended for the proposed use. However, a condition of
approval will require the Applicant to meet the requirements of the State Department of Health
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Disability and Communication Access Board (DCAB) to provide for disabled access and
parking.
The heavy equipment rental base yard area on the property has been previously cleared
and consists of gravel, providing a stable and suitable surface for base yard and event check-in
purposes, thus Plan Approval is not recommended for that area either.
As there is no County sewer system in the area, the Applicant proposes to provide portable
toilets for the annual, 4-day event. There is no wastewater created by the commercial vehicle
parking area.
The subject property is not currently served with County water. Event attendees will be
required to bring their own potable water for the 4-day event and there are currently no fire
suppression water storage facilities on the property. A condition of approval will require the
Applicant to comply with Fire Code for appropriate fire suppression water storage for both the
annual event use and heavy equipment rental base yard.
The property is situated within an area designated as Flood Zone X on the Flood Insurance
Rate Map (FIRM) by FEMA, an area of minimal flood hazard located outside the 500-year flood
plain. Cellular telephone service is available to the property, however there is no electrical service
to the property, thus attendees may bring their own generators or solar energy systems for the
duration of the event. Police, fire, and medical services are located approximately 6.5 miles away
in Hilo.
During previously held events, different activity organizers offered prepared food to
participants (e.g., mushroom soup, grilled cheese sandwiches, pancakes, and juices), prompting
some concern that requirements of the Department of Health related to food safety were not being
followed. In response, the Applicant indicated that while attendees are responsible for bringing
their own provisions and camping supplies, many attendees choose to bring extra food supplies to
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share with the other campers. In the spirit of inclusion and gifting, any such food items are freely
shared and are not for distribution at retail or wholesale to the public. Thus, such sharing of food
is not considered a food establishment as defined and regulated by the Department of Health
(DOH) under Chapter 11-50. As the event will only be held annually, the Applicant will pursue a
special event food permit from DOH, as needed, prior to the event. The preceding will be added
as a condition of approval.
With respect to the proposed effigy burning bonfire and campfires for festival attendees,
open burning is generally prohibited in Hawaiʻi, as outlined in Hawaiʻi Administrative Rules
(HAR) 11-60.1, which define open burning as, “the burning of any matter in such a manner that
the products of combustion resulting from the burning are emitted directly into the ambient air
without passing through an adequate stack or flare.” Exceptions to this prohibition are permitted
only with approval from the State Department of Health (DOH) Director. Under HAR Section 11-
60.1-52(d)(1), fires for recreational, decorative, or ceremonial purposes may be allowed if prior
approval is secured from the State DOH through a formal request process. A condition of approval
will require the Applicant to secure permission from State DOH for both the proposed bonfires
and campfires and prohibit such open burning when there is an active “No Burn Period” for the
district where the subject property is situated.
A condition of approval will be included requiring the Applicant to meet all applicable
County, State and Federal laws, rules, regulations, and requirements. Based on the preceding, the
requested use will not burden public agencies to provide additional services.
6. Unusual conditions, trends, and needs have arisen since district boundaries and
regulations were established.
In the 1960’s and 1970’s, the State’s Agricultural District boundaries and regulations were
established and subsequently amended pursuant to HRS Chapter 205. The State Land Use
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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 property 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 uses/services that may not be available or allowed by zoning for its
residents.
Since the district boundaries were established, demand has increased for venues to host
special events in natural settings. Furthermore, farmers and ranchers have sought to diversify
income streams to support their agricultural operations. The proposed uses would address the
preceding by providing event guests an opportunity to enjoy an event venue on a small portion of
a working ranch while helping the rancher lessee diversify their land uses and supplement their
income.
7. The land upon which the proposed use is sought is unsuited for the uses permitted
within the district.
The lands within the permit area are suitable for agricultural uses allowed in the district
and most of the property is actively being used for cattle ranching. However, since most of the
permit area will only be used for the proposed festival once a year for four days, and the Applicant
will not construct any permanent structures or cause new land disturbance related to the festival
use, the proposed use will not adversely affect the long-term agricultural potential of the land.
8. The proposed use will not substantially alter or change the essential character of
the land and the present use.
Except for the vehicle parking area, the permit area is vacant of any structures and uses,
and only minimally improved with an existing 10-foot-wide gravel driveway. The existing heavy
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equipment base yard will remain the Applicant is not proposing any permanent structures or land
alteration related to the proposed festival use.
While the character of the land will temporarily change during the 4-day annual event; the
festival area is centrally located on the property, far from neighboring properties. As a result, any
changes to the character of the land will not be obvious from outside the property and will remain
short-term in nature.
9. The request is not 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 permit area is designated as Important Agricultural Lands, which are lands with better
potential for sustained for sustained high agricultural yields because of soil type, climate,
topography, or other factors. Use of the 14.24-acre land area for festival use once a year for four
days will have minimal impact on the agricultural potential of the permit area. The 0.46-acre land
area for the heavy equipment rental base yard is utilized by the rancher who leases 1,000 acres of
the property for their cattle ranching operation. As such, some of the heavy equipment is used on-
site for agricultural purposes and some of the equipment is rented and hauled off-site for
commercial jobs. The legitimization of the use is necessary under the requested Special Permit.
The approval of the subject request would support the following goals and policies of the
General Plan:
Economic Element
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Encourage the development of a visitor industry that is in harmony with the social,
physical, and economic goals of the residents of the County.
Provide residents with opportunities to improve their quality of life through economic
development that enhances the County’s natural and social environments.
Recreation Element
Provide a wide variety of recreational opportunities for the residents and visitors of the
County.
Provide a diversity of environments for active and passive pursuits.
Land Use-Agricultural Element
Preserve the agricultural character of the land.
Encourage other compatible economic uses that complement existing agricultural and
pastoral activities.
The Hāmākua Community Development Plan (HCDP) was adopted by Ordinance No. 18 78,
with an effective date of August 22, 2018. The proposed use is consistent with the following
objectives of the HCDP:
Enhance and promote local and sustainable agriculture, farming, ranching, renewable
energy, and related economic support systems.
Promote appropriate rural tourism that welcomes guests for an alternative visitor
experience. Promote Hawaiʻi’s host culture and Hāmākua’s heritage, including historic
roads and plantation towns, and festivals that celebrate our rich multi-cultural music, art
and agriculture.
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10. The request is not contrary to Chapter 205A, Hawai‘i Revised Statues, relating to
Coastal Zone Management.
The property is located over one mile away from the nearest shoreline and will not be
impacted by coastal hazards or affect beach erosion, coastal ecosystems, and marine resources.
Additionally, it is not located in the Special Management Area and there is no record of a
designated public access to the shoreline or mountain areas that traverses the property. Based on
the preceding, the proposed use is not contrary to the objectives of Chapter 205A, Hawai‘i
Revised Statutes relating to Coastal Zone Management.
11. The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights.
In view of the Hawaiʻi State Supreme Court’s “PASH” and “Ka Paʻakai O KaʻAina”
decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in
terms of the cultural, historical, and natural resources and the associated traditional and customary
practices of the site.
Investigation of valued resources: No formal archaeological reconnaissance survey, oral
history of kamaʻāina accounts of the area, historical survey of documentary records, or botanical
study was included in the application.
The valued cultural, historical, and natural resources found in the special permit area:
According to the Applicant, no archeological or historical features are known to exist within the
permit area as it has been previously cleared and heavily utilized for sugar cane cultivation and
cattle grazing. Furthermore, the Applicant is unaware of any traditional or customary Hawaiian
practices associated with the property. No professional surveys were conducted of the flora/fauna
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resources on the property and there are no known endangered or listed plant species on the
property.
Possible adverse effect or impairment of valued resources: As there are no known valuable
archaeological, historical, or cultural resources within the permit area and the Applicant is not
proposing any additional development or ground disturbance, the proposed use is unlikely to
adversely affect or impair valued resources.
Feasible actions to protect native Hawaiian rights: To the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed use will not affect traditional
Hawaiian rights; therefore, no action is necessary to protect these rights.
DECISION AND ORDER
Based on its consideration of the evidence and argument presented at hearing, including
the public testimony, the documents filed herein, and the foregoing Findings of Fact and
Conclusions of Law, and applying the reliable probative evidence and law, the Hearing Officer
hereby decides and orders as follows:
Special Permit Application No. PL-SPP-2024-000075 to allow an annual, 4-day long
festival event with overnight camping and to allow the operation of a heavy equipment rental
base yard on 14.7 acres of a larger 1,419-acre parcel in the State Land Use Agricultural District
would not be contrary to the objectives sought to be accomplished by the Land Use Law and
Regulations and should be granted subject to the following conditions:
1. The Applicant, its successor or assigns, shall be responsible for complying with all
the stated conditions of approval.
2. The operation of the proposed uses shall be conducted in a manner that is
substantially representative of plans and details contained within the Special
Permit Application, any subsequent material received by the Planning
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Department, and any representations made to the Windward Planning
Commission. Any expansion or uses beyond what is represented shall require an
amendment to this permit.
3. Festival events shall be limited to one per calendar year no longer than four days
in duration and shall not exceed a maximum of 500 guests per event.
4. As represented by the Applicant, the heavy equipment rental base yard shall
include the storage of no more than six (6) pieces of heavy equipment that is
rented for commercial uses off-site. This limitation does not apply to agricultural
vehicles to be used exclusively on-site.
5. All festival-related parking shall occur within the permit area and shall be
prohibited on or along any public or private roadway. The Applicant shall provide
access and parking for disabled participants meeting with the requirements of the
Americans with Disabilities Act (ADA) and State Department of Health
Disability and Communication Access Board (DCAB).
6. To mitigate traffic impacts to the Indian Tree Road/State Highway 19 intersection
related to the annual event, the Applicant shall develop a Traffic Management
Plan that shall be submitted to and approved by the State Department of
Transportation District Engineer prior to each event. A copy of the approved plan
shall be provided to the Planning Department prior to each event. Implementation
of the approved plan shall be the responsibility of the Applicant. In addition, the
Applicant shall submit a plan to the Planning Department to develop three paved
pull-out/passing areas on Indian Tree Road between the boundary of the subject
property and State Highway 19. The Applicant shall be solely responsible for the
construction and cost of said pull-out/passing areas once approved by the
Director. The Applicant will be responsible for maintenance of the pullouts as
part of Condition No. 7.
7. Prior to each annual festival event, the Applicant shall conduct and document a
pre-use roadway condition assessment, including photo/video documentation of
roadway conditions. Within a month after each annual festival event, the
Applicant shall repair any damages to Indian Tree Road caused by festival traffic,
which may include up to 200 vehicles. The Applicant shall also repair any
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damages related to the heavy equipment rental/hauling operation at least once per
year. Repairs must restore the roadway(s) to the same or better condition as
documented in the pre-use assessment. The Applicant shall allocate $10,000
annually for roadway repairs to fulfill these requirements. The Applicant shall
provide the Planning Director an annual report documenting the repairs made.
8. No later than one month prior to each annual festival event, the Applicant shall
notify the Planning Department, Police Department, and Fire Department of the
event dates, number of expected attendees, and anticipated vehicle numbers.
Furthermore, the Applicant will provide and review fire safety plans with the Fire
Department and event security plans with the Police Department. The Applicant
shall provide the Planning Department documentation that these
notifications/consultations have occurred.
9. No later than one month prior to each annual festival event, the Applicant shall
notify neighbors along Indian Tree Road before the event providing event dates,
number of expected attendees, anticipated vehicle numbers and contact information
to communicate nuisance complaints. The Applicant will address complaints
during the event, taking immediate action on reasonable concerns.
10. Prior to each annual festival event, the Applicant shall secure written approval from
the Director of the State Department of Health (DOH) through the Clean Air Branch
for any open burning as defined by the DOH during the festival event, including
but not limited to fires for recreational, decorative, or ceremonial purposes.
Documentation of the approval shall be provided to the Planning Department no
later than one month prior to each annual festival event. Open burning shall be
prohibited if there is an active ‘No Burn Period’ as designated by the DOH for the
district within which the subject property is situated.
11. All amplified sound, including but not limited to percussive music, shall be directed
in the western (mauka) direction toward the vacant portion of the property and away
from any surrounding residences and shall cease by 9 p.m.
12. Within sixty days of the approval of this Special Permit, the Applicant shall
provide the Planning Department with a metes and bounds survey of the approved
permit area, completed by a surveyor licensed by the State of Hawaiʻi. Use of the
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property beyond the permit area for uses approved under this permit shall be
prohibited. Within sixty days of the approval of this Special Permit, the Applicant
shall install flagging around the approved permit area and provide signage
indicating the extent of the permit area for the duration of each event.
13. Within 180 days of the approval of this Special Permit, the Applicant shall either
remove, secure building permits, or receive an HRS 46-88 exemption from the
Department of Public Works-Building Division for all unpermitted structures in
the heavy equipment rental base yard area. The Applicant shall complete this
requirement within one (1) year thereafter.
14. The Applicant shall comply with Fire Code as required by the Fire Department
for both the annual festival event and heavy equipment rental base yard, which
may include improvements of roadways to Fire Department Access Road
standards and installation improvements for fire suppression. Prior to the next
annual event in 2026, at the permit area the Applicant shall install a fixed water
storage tank with a capacity of no less than 5,000 gallons which is equipped with
a pump, which may be portable but is installed and operational during each
festival event, sufficient to provide water flow of no less than 60 gallons per
minute and water pressure no less than 300 PSI and a hose compliment and
nozzle(s) adequate to reach the fire source. Upon successful completion of the
improvements, if any, and prior to the next annual event in 2026, the Applicant
shall provide the Planning Department documentation from the Fire Department
that the improvements meet Fire Code standards.
15. The Applicant shall provide a sufficient number of portable toilets for each annual
4-day festival, ensuring compliance with ADA accessibility requirements. The
toilets must be monitored and maintained in a clean, functional, and sanitary
condition throughout the event, with regular servicing and emptying as necessary
to prevent unsanitary conditions. A licensed company must be contracted for the
provision, maintenance, and removal of the toilets. All portable toilets must be
removed from the event site within 48 hours after the festival concludes, ensuring
no waste or equipment remains.
16. Within thirty days of the approval of this Special Permit, the Applicant shall
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remedy all outstanding violation actions issued by the Planning Department,
including completing corrective actions and paying all associated fines, fees, and
penalties.
17. To ensure food safety during the event, the Applicant shall comply with all
applicable requirements of the State Department of Health regarding prepared
foods provided to event participants.
18. The Applicant shall comply with all applicable County, State, and Federal laws,
rules, regulations, and requirements.
19. If the Applicant fails to comply with the conditions of approval or cause
complaints relating to any interference or nuisance and are unable to resolve them
with the surrounding community, the Planning Director shall investigate and, if
necessary, suspend the permit. The Planning Director shall then refer the matter to
the Planning Commission to revoke the permit. Upon appropriate findings by the
Planning Commission, if the Applicant fails to comply with the conditions of
approval or has caused any unreasonable interference or nuisance on the
surrounding community, the permit may be revoked.
20. An initial extension of time for the performance of conditions may be granted by
the Planning Director upon the following circumstances:
A. 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.
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.
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Dated: __________, Hawai‘i, ________________________, 2026.
By:
SHERRY P. BRODER, Hearing Officer
Windward Planning Commission County of Hawai‘i State of Hawai’i
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WINDWARD PLANNING COMMISSION
COUNTY OF HAWAIʻI
STATE OF HAWAI'I
TEPPY MOUNTAIN, LLC,
Applicant, JAMES McMAHON and LICHUN HUANG,
Intervenors, JEFFREY W. DARROW, Planning Director.
SPECIAL PERMIT APPLICATION NO. PL-SPP-2024-000075
CONTESTED CASE HEARING PL-SPP-2025-000025 CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was served
upon the parties identified below by electronic mail service upon the following on January 12,
2026:
Delivered via Electronic Mail (E-Mail and/or EPIC) TEPPY MOUNTAIN, LLC
c/o Andrew Tepper
4717 Middle Road Allison Park, PA 15101 Email: teppy@egenesis.com Applicant
CALVERT CHIPCHASE, ESQ. JACOB HONIGMAN, ESQ. Cades Shutte LLP 1000 Bishop Street, Suite 1200
Honolulu, HI 96813
Email: cchipchase@cades.com jhonigman@cades.com Attorneys for Applicant
653
JAMES McMAHON and LICHUN HUANG
P.O. Box 340
Papa`ikou, HI 96781 Email: jimlichun@gmail.com Intervenors
SHERRY P. BRODER, ESQ.
Sherry P. Broder, A Law Corporation 500 Ala Moana Blvd., Suite 7400 Honolulu, HI 96813 Email: sherrybroder@sherrybroderlaw.com
Hearing Officer
Dated: Hilo, Hawaiʻi, January 12, 2026.
/s/ Jean K. Campbell
JEAN K. CAMPBELL
Deputy Corporation Counsel
Teppy Mountain, LLC; SPECIAL PERMIT APPLICATION NO. PL-SPP-2024-000075
CONTESTED CASE HEARING PL-SPP-2025-000025;
Certificate of Service
654
1
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
TEPPY MOUNTAIN, LLC,
Applicant,
JAMES McMAHON and LICHUN HUANG,
Intervenors,
JEFFREY W. DARROW,
Planning Director.
SPECIAL PERMIT APPLICATION NO. PL-
SPP-2024-000075
CONTESTED CASE HEARING PL-SPP-2025-
000025
FINDINGS OF FACT, CONCLUSIONS OF
LAW, DECISION AND ORDER;
CERTIFICATE OF SERVICE
FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER
This matter came on for contested case hearing before Hearing Officer Sherry
Broder (“Hearing Officer”) on November 13, 2026 (“Hearing”). Teppy Mountain, LLC
(“Applicant”), was represented by its Counsel, Calvert Chipchase, Esq. and Jacob Honigman,
Esq. Jeffrey W. Darrow, Planning Director, County of Hawai'i (“Director”) was represented by
Deputy Corporation Counsel, Jean K. Campbell, Esq. Intervenors James McMahon and Lichun
Huang represented themselves.
After considering all the evidence presented in the Special Permit application and at the
Hearing, as well as all public oral and written testimony received relating to this matter, the
Hearing Officer submits this Findings of Fact, Conclusions of Law, Decision and Order:
655
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FINDINGS OF FACT
A. Background
1. The Applicant submitted a Special Permit application to allow an annual, 4-day
long festival event with overnight camping and to allow the storage of up to 6 commercial
vehicles on 14.7 acres (“permit area”) of a larger 1,419-acre parcel in the State Land Use
Agricultural District.
2. The subject property is located at 27-476 Indian Tree Road, approximately 0.7
miles west (mauka) of its intersection with Hawaiʻi Belt Road, Alemai to Kawainui, Pāpaʻikou,
South Hilo, Hawaiʻi, TMK: (3) 2-7-007:001 (por.).
3. State Land Use District: The permit area is in the State Land Use Agricultural
district.
4. County Zoning: The permit area is in the County Agricultural 20-Acre (A-20a)
zoning district.
5. General Plan LUPAG Map Designation: The subject property is primarily
designated as Important Agricultural Lands, which are lands with better potential for sustained
high agricultural yields because of soil type, climate, topography, or other factors.
6. Hāmākua Community Development Plan (HCDP): The HCDP was adopted by
Ordinance No. 18-78, with an effective date of August 22, 2018. The subject property is within
the geographic area contemplated by the HCDP.
7. Special Management Area (SMA): The permit area is not located within the
County's Special Management Area (SMA) and is situated over one mile from the nearest
coastline.
8. The Applicant leases a portion of the subject property to a local rancher who
utilizes approximately 1,000 acres of the subject property as pasture for his cattle.
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B. Project Description
9. The proposed project consists of two components, an event component and a
commercial vehicle storage component.
10. In the event component, the Applicant proposes to operate an annual, 4-day-long
festival event called “Falls on Fire”, in the spirit of the Burning Man Event held in the Black
rock Desert-High Rock Canyon Emigrant Trails National Conservation Area, Nevada. Burning
Man is a weeklong event and attracts an estimated 70,000 to 80,000 attendees. The Applicant
proposes to hold only one 4-day event per year and for no more than 500 people. Over the last
three years, the Applicant has held the event in November but would like some flexibility to hold
it at other times, provided it occurs only once per year. The event will be centered on principles
of inclusion, gifting, self-reliance, self-expression, communal effort, civic responsibility, and
respect for the environment, emphasizing the practice of “leave no trace”. The event will be
offered on a donation basis and attendees will be encouraged to bring all that they need, share
with others and leave the environment better than they found it. As at Burning Man, the
Applicant proposes to host a burning ceremony of an effigy which is lit on fire to close the event.
During the duration of the event, activities may occur at any time of the day.
11. In the commercial vehicle storage component, the Applicant proposed that an
approximately 0.46-acre area will be utilized continuously to store up to six (6) vehicles,
including dump trucks, tractor trailers, and a backhoe. According to the Applicant, while these
vehicles are primarily used for cattle ranching purposes, the vehicles are also used to transport
gravel to local businesses when not in agricultural use. Despite the representation of the storage
of up to 6 such vehicles, a site visit found 8 pieces of heavy equipment (2 new excavators, 2 new
bulldozers, a new tractor, a new SkyTrak forklift, an older tractor trailer dump truck, equipment
trailers, and an older farm tractor) along with vehicle fueling infrastructure, and several
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unpermitted storage structures. Additionally, according to testimony by neighbors, this heavy
equipment is rented and delivered by the Applicant’s ranching lessee to off-site users through his
business, “Indian Tree Ranch and Rental LLC”. Based on the preceding, the Planning Director
considers the use to be a heavy equipment rental base yard, rather than a commercial vehicle
storage area.
12. Details of the proposed event component include:
(a) Land Area: Approximately 14.24 acres of land, inclusive of access roads, would
be used for the annual 4-day festival event including designated camping areas
and a bonfire area. The remaining approximately 0.46-acres would be used for a
check-in area for the event as well as the commercial vehicle storage area.
Fencing and signage throughout the property will ensure that attendees remain
within the boundaries of the Special Permit area. Additionally, it is noted that
attendees will be welcome to enjoy the waterfalls and scenery on this private
property during the event as an outdoor recreational use which is permitted on
agricultural land.
(b) Attendees: The Applicant proposes to host up to 500 attendees. Attendees will be
required to bring their own food, water, camping supplies and other gear as those
things will not be supplied by organizers.
(c) Activities & Workshops: Activities and workshops offered during the event will
be dynamic and may change year-to-year as they will be initiated by the event
participants, not the organizers. Thus, the number of possible activities which
may occur during each event will depend on the number of participants.
Examples of possible events, activities and workshops include fire
performances/dancing, light installations (i.e. projection of light onto waterfalls or
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holograms), art installations celebrating native Hawaiian culture, flora and fauna,
live music and DJ sets, eco-conscious workshops featuring topics such as
permaculture, sustainable building and ocean conservation, healing and wellness
spaces (i.e. medication zones and yoga areas), interactive community projects (i.e.
collaborative art-making), environmental activism meetups and a burning
ceremony involving the burning of a symbolic effigy to close out the event.
(d) Camping: The Applicant proposes to offer overnight camping in three designated
campsite areas. Attendees will be encouraged to share their own artistic
contributions, workshops, and performance ideas to create a vibrant and engaging
sense of community within the camp.
(e) Bonfire Area: A designated bonfire area will consist of approximately 0.31 acres
and will serve as additional gathering space for attendees. This area will be the
location of a burning ceremony mentioned above.
(f) Event Safety: The Police Department, Fire Department and Planning Department
will be notified prior to the annual event. Volunteers will be stationed at the
access gate to ensure that all attendees are registered. Additionally, depending on
the number of attendees anticipated, between 4 and 10 volunteer “rangers” will be
on site. The rangers are individuals trained to watch out for and de-escalate
conflicts. The rangers will call the appropriate authorities should a situation arise,
which cannot be safely resolved.
(g) Fire Protection: According to the application, a 3,000-gallon water tank exists in
the base yard area and will be available for emergency fire protection. However,
it should be noted that during a site visit, staff observed that the tank had been
disassembled, therefore, the tank is not available. Additionally, fire extinguishers
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will also be located within the bonfire area and each of the campsite areas. If
required, the Applicant is willing to install a fire suppression water tank within
the bonfire area.
(h) Amplified Sound: Amplified sound will be permitted during the event. All
amplified sound will be directed in a westerly (mauka) direction, toward the bulk
remainder of the vacant 1,419-acre parcel, away from any neighboring dwellings.
and Applicant agreed to put measures into place to address concerns related to
security and the potential for disruption.
(i) Access and Parking: Access to the property is provided via Indian Tree Road, a
private roadway with pavement widths varying between 12 and 16 feet within 50-
foot-wide easements over which the Applicant has legal easement. Internal access
through the property to the bonfire area, designated campsite areas will be
provided by an existing 10-foot-wide gravel driveway. This existing driveway
includes multiple pull-off points to accommodate two-way traffic and crosses a
stream. Parking for up to 200 vehicles is available in designated areas within the
campsite zones on existing grassy areas.
(j) Potable Water & Wastewater: The property is not served by the County water
system; thus, attendees will be required to bring their own potable water for the 4-
day event. The Applicant proposes to provide portable toilets for the 4-day event.
13. Details of the proposed component for commercial vehicle storage, determined to
be a heavy equipment storage area, include:
(a) The remaining approximately 0.46-acres being used for a check-in area for the
event will also be used for the heavy equipment rental base yard.
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(b) The heavy equipment rental base yard area on the property has been previously
cleared and consists of gravel, providing a stable and suitable surface for base
yard and event check-in purposes.
C. Description of Subject Property and Surrounding Area
14. Subject Property and Permit Area: The subject property consists of 1,419 acres of
land and is located at the top of Indian Tree Road, approximately 0.7 miles west (mauka) of
Hawaiʻi Belt Road in Pāpaʻikou. A series of streams run throughout the property and vegetation
thereon consist primarily of non-native shrubs and grasses, although the proposed permit area
has been previously cleared. Approximately 1,000 acres of the parcel is leased to a rancher and
utilized as pasture for grazing cattle and an approximately 0.46-acre area of the property contains
a permitted agricultural storage structure, vehicle fuel tanks, and a parking area where several
pieces of heavy equipment are stored. While the Applicant represented this was for storage of up
to 6 such vehicles, a site visit found 8 pieces of heavy equipment and several unpermitted
structures (including 9 shipping containers, a portable office structure, a shed roof carport, and a
temporary canopy structure housing most of the heavy equipment. The remainder of the property
is vacant of other structures and uses.
15. Surrounding Zoning/Land Uses: Most surrounding properties are similarly zoned
A-20a, with a few parcels to the south designated as A-10a. Surrounding land uses are primarily
agricultural, including cattle grazing, growing of high-quality cacao by Intervenors and some
residential use with the nearest dwelling approximately 3,500 feet to the southeast of the
proposed event area. Directly west (mauka) of the subject parcel is a large, approximately
11,395-acre property owned by the Applicant, primarily designated as conservation land.
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16. USDA Soil Survey Report: Soils in the permit area are classified as Hilo Hydrous
Silty Clay Loam: Characterized by 10 to 20 percent slopes. This soil type is well-drained and
formed from ash fields over lava flows. It is classified as having a medium runoff class.
17. Land Study Bureau Soil Rating: The subject property and permit area include a
mix of soils designated as “C” or fair and as “D” or “Poor” and the stream areas designated as
“E” or “Very Poor” for agricultural productivity. Although these lands are so classified, at one
time they lands were all in agricultural production with sugar cane.
18. Agricultural Lands of Significance to the State of Hawaiʻi (ALISH): The permit
area is classified as primarily prime agricultural land, with portions of the property along the
streams as “unclassified.”
19. Flood Zone: The permit area is situated within Zone “X”, determined by FEMA
to be an area of minimal flood hazard.
20. Floral/Fauna Resources: No professional survey was conducted of the floral and
faunal resources of the site. The subject property’s observed flora primarily consists of non-
native shrubs and grasses, reflecting its historical use for sugar cane cultivation and cattle
grazing. No endangered plant species are known to inhabit the area. The fauna includes common
non-native bird species such as doves, warbling white-eyes, house finches, and common mynas,
alongside domestic and feral animals like cats, dogs, and pigs. Native species, such as the
Hawaiian hawk, Hawaiian owl, and Hawaiian hoary bat, may occasionally traverse/utilize the
site due to its rural nature. Intervenors stated that a breeding pair of the endangered Hawai’i ‘io
(Hawaiian hawk) “has been observed on the servient parcel continuously for at least six years.”
21. Archaeological/Historical/Cultural Resources: According to the Applicant, no
formal archaeological studies have been conducted for the site, as the property and permit area
have a long history of agricultural use, primarily for sugar cane cultivation and cattle grazing,
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which has likely diminished the presence of archaeological, cultural, and historic resources.
Furthermore, the Applicant is unaware of any traditional or customary Hawaiian practices
associated with the property.
22. Public Access: There is no known public access to the mountains or the shoreline
that runs through the permit area.
D. Public Facilities, Utilities and Services
23. Access and Parking: Access to the property is provided via Indian Tree Road, a
private roadway with pavement widths varying between 12 and 16 feet within 50-foot-wide
easements, with the property situated approximately 0.7 miles west (mauka) of Hawaiʻi Belt
Road. The Applicant has legal easement over the roadway (please note, the application initially
included the incorrect grant of easement document, but the Applicant subsequently provided the
correct documentation of legal access). Internal access through the property to the bonfire area
and designated campsite areas will be provided by an existing 10-foot-wide gravel driveway.
This existing driveway includes multiple pull-off points to accommodate two-way traffic and
crosses a stream. The Applicant plans to comply with Fire Code requirements for Fire
Department Access Roads. Parking for up to 200 vehicles is available in designated areas within
the campsite zones on existing grassy areas. The commercial vehicle parking area on the
property has been previously cleared and consists of gravel, providing a stable and suitable
surface for vehicle storage and event check-in purposes. All parking for the event would be
confined to Applicant’s property
24. Traffic Impacts: The Applicant anticipates the four-day, annual event to attract
200 vehicles based on an estimated attendance of 500 people, with most attendees carpooling.
Traffic will be staggered, with arrivals spread over Friday and Saturday and departures on
Sunday and Monday, avoiding peak morning traffic times.
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25. While the Applicant indicated that the proposed commercial vehicle storage area,
is not expected to generate significant additional traffic as these vehicles are primarily used on-
site, testimony from Intervenors and neighbors indicate that the property is used more as a base
yard for heavy equipment rental and that there is frequent hauling of heavy equipment causing
damage to the roadway. Intervenors also testified that these commercial vehicles capable of and
frequently hauling heavy equipment use diesel fuel which adversely affects air quality on the
cacao farm with is adjacent to the road.
At the Hearing, Applicant and the Rancher testified that the requested vehicle
storage would alleviate the significant burden currently imposed on the Rancher, whose primary
focus is on conducting agricultural activity, in having to store his vehicles off-site. Rancher
testified that the commercial vehicles help to subsidize his operations. The Intervenors testified
that these vehicles use diesel fuel which in their opinions degrades the air quality and imposes a
possible risk to the quality of their cacao production. There was no other testimony nor evidence
presented that storing and driving the vehicles on Indian Tree Road would adversely affect the
agricultural use of the property or surrounding properties.
26. Water: The subject property is not currently served with County water. Attendees
will be required to bring their own potable water for the 4-day event. As mentioned above, while
the application indicated the presence of an existing, 3,000-gallon rainwater catchment tank
adjacent to the proposed truck parking area, a site visit revealed that the catchment tank was
disassembled and is no longer available for non-potable and fire suppression needs.
27. Wastewater: The property is not currently serviced by the County sewer system.
The Applicant proposes to provide portable toilets for the 4-day event.
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28. Other Essential Utilities and Services: There is no electrical service to the
property, thus attendees may bring their own camp stoves, generators or solar energy systems for
the event. Police, fire, and medical services are located approximately 6.5 miles away in Hilo.
E. Contested Case Hearing
29. The application for the Special Permit was on the agenda of the February 6, 2025,
meeting of the Windward Planning Commission. A Petition for Contested Case Hearing was
received from James McMahon and Lichun Huang on January 29, 2025. Both Intervenors were
granted standing at the February 6, 2025 Windward Planning Commission meeting in Hilo,
Hawai`i. Thereafter, mediation between the parties was conducted in May and June 2025 and
was unsuccessful. The contract of the Hearing Officer appointment was finalized on October 8,
2025.
30. Public testimony at the Windward Planning Commission meeting and at the
contested case hearing held on November 13, 2025 was split between supporting and objecting
to the Application.
31. On October 17, 2025, a pre-hearing conference was attended by Andrew Tepper
for the Applicant, Calvert Chipchase and Jacob Honigman as counsel for the Application, James
McMahon and Lichun Huang, Intervenors, the Director and Jean K. Campbell as counsel for the
Director, Maija Jackson, Planning Program Manager for the Windward Planning Commission,
Melissa Dacayanan-Salvador, Windward Planning Commission Secretary, and the Hearing
Officer.
32. The Hearing Officer issued an Amended Scheduling Order dated October 31,
2025, following the pre-hearing conference, which fixed deadlines for the filing of witness lists,
briefs, exhibits, additional evidence and supplemental memos, and the date of the contested case
hearing. Public notice was given of a contested case hearing for the application to be conducted
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by Hearing Officer Sherry Broder, Esq. for the Windward Planning Commission of the County
of Hawaiʻi in accordance with the provisions of Chapter 91-9, Hawaiʻi Revised Statutes and the
Planning Commission’s Rules of Practice and Procedure. Among other things, the following
information was provided. Date: Thursday, November 13, 2025, Time, 9:00 a.m. Place: Hawai‘i
County Council Chambers in Hilo 25 Aupuni Street, Hilo, Hawaiʻi. The public was also notified
that this meeting will be held in person and by interactive conference technology (ICT) via
Zoom and that the public could testify at the physical location listed or by joining Zoom.
33. The contested case Hearing was held on November 13, 2025 in the Council Chamber
starting at approximately 9 a.m. and concluding at approximately 8:15 p.m. There were 25
members of the public who testified in person and 12 members by zoom. The Hearing Officer
limited public testimony to three minutes but allowed further written testimony to be submitted by
October 17, 2025, 4:30 p.m. An additional 23 members of the public submitted written testimony
by the deadline.
34. The Applicant presented their testimony first and had three witnesses who testified.
(a) Andrew Tepper, Owner, Teppy Mountain LLC (Applicant) Mr. Tepper (through his
LLC) is the owner of the land and organizer of the gathering at issue. He testified about
the gathering and vehicle storage for which the permit is requested, including the
gathering’s purpose and values, and measures to limit any adverse environmental
impacts they might have. He testified that neither the gathering nor the storage will
involve any permanent structures or alteration of the land in any way.
(b) Roger Uchima is local rancher who leases approximately 1,000 acres from Applicant
as pasture for his cattle. He seeks permission to store his vehicles on a small area of
the property. He testified about his ranching and trucking operations and explained that
he rotates his cattle, in normal course, through dozens of different parcels throughout
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the property, and the gathering will not in any way impact his ability to conduct cattle
grazing.
(c)John Pipan, Planning Administrator, Land Planning Hawai‘i LLC Mr. Pipan is the
environmental consultant who prepared and submitted the Special Permit Application
at issue on the Applicant’s behalf. He testified about the gathering and vehicle storage
for which the permit is requested, including measures to limit their environmental
impacts.
35.The Intervenors presented their testimony second and had two witnesses. Mr. James
McMahon and Ms. Lichun Huang testified on the reasons for their objections and presented
evidence relating to their objections.
36.The Planning Department presented its evidence third and had one witness. Mr.
Jeffrey W. Darrow, Planning Director, provided testimony on how the Planning Department
interprets and applies criteria for recommending approval of a Special Permit; provided
description of condition of the property at County site visit; described how this application met
or did not meet applicable criteria.
37.The Planning Commission staff provided the copies of all written testimony, Zoom
recordings and computer-generated transcripts to counsel and the parties.
38.Many members of the public testified or submitted written testimony, part
of which were in ʻŌlelo Hawai`i. The Hearing Officer contacted two different court reporting
services to transcribe the hearing but neither one was agreed to transcribe including the ʻŌlelo
Hawai`i testimony. The Hearing Officer set a zoom post hearing conference on November 26,
2025 to discuss the Court Reporter, Transcript of ʻŌlelo Hawaiʻi Testimony, and Deadlines and
explain difficulties and issues. All parties agreed to use the computer- generated written
transcript based on the zoom recording (“transcript") as the official transcript but with
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opportunity for parties to object to any language party determines is not correct an After
discussion and statements of positions by counsel and the parties and recognizing that the
Hawai`i State Constitution provides that ʻŌlelo Hawaiʻi and English are the official languages of
Hawai`i and that many members of the public did use ʻŌlelo Hawaiʻi, the Hearing Officer
decided that the Ōlelo Hawaiʻi testimony should be translated and would retain a knowledgeable
in ʻŌlelo Hawai’i to translate testimony, confirm the accuracy of and to correct where necessary
the computer generated ʻŌlelo Hawai’i, and point out where there might be some discrepancies
with the self-translation and provide the translations to the parties.
39. The Hearing Officer retained an expert translator and worked with the translator on
the scope of assignment, including utilizing the computer-generated transcripts and listening to
the zoom recordings, preparing spreadsheets of the corrected and translated zoom computer-
generated written transcripts, and developing a glossary of commonly used ʻŌlelo Hawaiʻi
words in the testimonies which are also generally known. The Hearing Officer circulated the
work of the translator and provided her curriculum vitae to counsel and the parties.
40. The Applicant, the Intervenors and the Director each filed such documents and
evidence as they deemed relevant and appropriate.
G. Clarification of position of Intervenors.
41. On Jan. 5, 2026, Intervenors filed their Intervenors Closing Arguments and
Certificate of Service. In the Executive Summary, Intervenors stated the following to clarify
their position.
We are not opposed the Falls on Fire Event, nor do we ask this body to prohibit them as a
matter of principle. Our objection is narrower and procedural, and it is driven primarily
by the proposed heavy equipment storage and base yard use. That use introduces a
continuous industrial operation into a protected Agricultural District in a manner that
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directly and substantially interferes with exiting agricultural operations on neighboring
properties, including our own.
Intervenors complained about include “persistent heavy vehicle traffic, dust, vibration, road
degradation and compromised emergency access.”
CONCLUSIONS OF LAW
To the extent that any of the Findings of Fact constitute Conclusions of Law, or
Conclusions of Law constitute Findings of Fact, they shall be considered as such. Based on the
foregoing Findings of Fact, the Hearing Officer makes the following Conclusions of Law,
including mixed Findings of Fact and Conclusions of Law:
1. The Windward Planning Commission has jurisdiction over this Special Permit
application.
2. The granting of the request for approval of Special Permit Application No. PL-
SPP-2024-000075 to allow an annual, 4-day long festival event with overnight camping and to
allow the operation of a heavy equipment rental base yard on 14.7 acres of a larger 1,419-acre
parcel in the State Land Use Agricultural District is an unusual and reasonable use of land
situated within the State Land Use Agricultural District and would promote the effectiveness and
objectives of the State Land Use Law and Regulations and Chapter 205, HRS, as amended.
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 State Legislature
has provided for the Special Permit process to allow certain unusual and reasonable uses within
the Agricultural district.
The subject request is unusual in that the proposed uses are not strictly agricultural in nature
and would allow the Applicant to hold an annual, 4-day-long festival event on their property and
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to continue to operate a heavy equipment rental base yard for non-agricultural-related
commercial uses in a designated area on the property. However, the proposed uses are
reasonable in that they would only use a small portion (1%) of the larger land area with a small
development footprint to host occasional special events to diversify their income stream to help
offset the costs of running a ranch. The remainder of the land area will continue to be used for
ranching. Therefore, it is reasonable that this use be allowed in the Agricultural District.
3. The proposed use is not contrary to the objectives sought to be accomplished by
the Land Use Law and Regulations.
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
health and welfare of the people of the State of Hawaiʻi. In the case of the Agricultural District,
the intent is to preserve or keep lands of high agricultural potential in agricultural use.
The permit area includes a mix of soils designated as “C” or “Fair” and as “D” or “Poor”
and the stream areas are designated as “E” or “Very Poor” for agricultural productivity.
Additionally, lands within the permit area are designated “prime” agricultural lands and
“unclassified” along the stream areas by the State’s ALISH Map.
Given that the Special Permit request involves only a small portion of the property (1% of
the total land area), that the festival use is infrequent (occurring only once a year for a four-day
duration), and that the Applicant is not proposing any permanent structures or ground disturbance,
the request is unlikely to impact the long-term agricultural potential of the land.
Regarding overnight camping in the SLU Agricultural District, the State Land Use
Commission (“LUC”) cited Hawaiʻi Revised Statutes and the 2023 Hawaiʻi Supreme Court
decision in Hoʻomoana Foundation v. Land Use Commission, stating that overnight camping in
the SLU Agricultural District is entirely prohibited. They clarified that even a Special Permit
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cannot allow such use; instead, a State Land Use District Boundary Amendment (“SLUBA”)
would be required.
Through the Hoʻomoana Foundation decision, the Court ruled that, “The specific exclusion
of overnight camps from permitted uses in HRS § 205-4.5(a)(6) means that the public and private
recreational use of overnight camps is not permitted, even by special use permit, on class A and
B agricultural district land.” Given that the subject property and permit area are situated on soils
designated as class C, D, and E by the Land Study Bureau, a SLUBA is not necessary, and a
Special Permit is an appropriate path for approval of the requested use on this specific property.
4.The proposed use does not adversely affect the surrounding properties.
Most surrounding properties are similarly zoned A-20a, with a few parcels to the south
designated as A-10a. Surrounding land uses are primarily agricultural, including cattle grazing and
some residential use with the nearest dwelling approximately 3,500 feet to the southeast of the
proposed event area. Directly west (mauka) of the subject parcel is a large, approximately 11,395-
acre property owned by the Applicant, primarily designated as conservation land. It should be
noted that the application included letters from some neighbors in support of the Special Permit.
Testimony was also received from some neighbors along Indian Tree Road citing
concerns over the existing and potential impacts of the proposed uses on surrounding property
owners including increased traffic related to the annual event; safety concerns over the Indian
Tree Road/Highway 19 intersection; damage to Indian Tree Road by event attendees and
commercial trucks; noise, visual, and air quality impacts during event periods, and security
concerns.
To mitigate damage the Indian Tree Road, the Applicant has proposed to repair potholes
and other damage related to increased traffic from the annual event. This will be added as a
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condition of approval and expanded to require repair of the roadway related to the more frequent
hauling of heavy equipment over the roadway by the Applicant’s lessee.
To mitigate potential intersection safety concerns, a condition of approval will require the
Applicant to develop a traffic management plan and for review and approval of the State
Department of Transportation (DOT) District Engineer prior to each annual event and will be
responsible for implementing the plan as may be required by DOT.
To mitigate potential noise impacts, the Applicant has indicated that all amplified sound
will be directed in a westerly (mauka) direction, toward the bulk remainder of the vacant 1,419-
acre parcel, away from any neighboring dwellings. The other concerns will be addressed as
discussed below.
The Police Department expressed concerns and objections to the proposed annual festival
event due to the lack of proper approval and permitting. They emphasized the importance of
being notified in advance, along with the Fire Department and neighboring property owners,
before the annual event. Specifically, they requested the following information: 1) The
anticipated number of participants; 2) The expected volume of vehicular traffic, along with
assurances that all parking will be managed on-site; 3) A plan detailing how the Applicant will
handle event security; and 4) How the Applicant intends to notify neighbors of each event and
how the Applicant intends to address neighbor complaints during the event period (e.g., noise
complaints, etc.)
The Applicant responded in writing indicating that they would not hold any subsequent
events until all necessary approvals and permits are obtained through the Special Permit process.
Prior to each annual event, the Applicant will notify the Planning, Police, and Fire Departments
of the event dates, expected attendees, and vehicle numbers. Security plans, including the use of
4-10 trained “rangers” to monitor and de-escalate conflicts, will be reviewed with the Police
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Department, with authorities contacted if needed. All parking will be on-site, and roadside parking
will be prohibited. Neighbors and landowners along Indian Tree Road will be informed via email
before the event. The Applicant will address complaints during the event, taking immediate action
on reasonable concerns. Disruptive attendees will be removed and barred from future events. The
preceding will be added as a condition of approval.
To ensure that event attendees remain within the extent of the permit area, a condition of
approval will require the Applicant to secure a metes and bounds survey of the and install flagging
around the approved permit area. Prior to and for the duration of each event, the Applicant shall
provide signage indicating the extent of the permit area.
In November 2023, Applicant did conduct Falls of Fire events on the property without
having obtained a Special Use Permit. Applicant filed for a Special Use Permit on August 27,
2024 and explained in the Application that he did not know he needed a Special Use Permit.
“Although the Applicant had informed the County Planning, Police and Fire Departments prior
to hosting the event in 2023, unfamiliar with the County and State regulations requiring a
Special Permit, the Applicant regrets that he misunderstood County requirements and held the
2023 event without obtaining a Special Permit.” Applicant did hold two additional Falls of Fire
events on the subject property in November 2024 and 2025. Applicant stated that he was trying
do the 2025 event as a “private gathering”. For the 2025 event, Applicant canceled the planned
burning because DOH did not approve it.
Applicant has promised that he would have continued discussions with the Fire
Department and implement all recommended measures, including installing a larger or
additional tank and burning within a certain distance from the tank.
The Hawai`i County Planning Department has issued fines and other sanctions
to Teppy Mountain LLC for violations for hosting unpermitted events as follows.
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The Planning Department sent a Notice of Violation and. Order (NOVO) Letter to
Applicant dated June 25, 2024, in response to several complaints regarding the unpermitted
event, Falls of Fire, November 2023. Additionally, the Applicant website advertised a similar
event for November 2024. The NOVO order the Applicant to pay a $5,500 fine and remove all
advertisement for the 2024 Even from their website. Planning Department Background Report,
Exhibit 4.
The Planning Department sent a first Daily Fines letter dated September 25, 2024.
Applicant had not complied with the requirements of the NOVO and informing him that daily
fines had then accrued to an amount of $13,200. Planning Department Background Report,
Exhibit 5.
The Planning Department then sent a second Daily Fines letter dated November 4, 2024.
The Planning Department told Applicant to stop advertising the November 2024 event on their
website, prohibit the event and require payment of an increased daily fines amount of $21,400.
Planning Department Background Report, Exhibit 6.
The Applicant did hold the November 2024 Event and the Planning Department issued a
NOVA, Revised Repeat Violation letter in response to complaints. Based on the Applicant’s
disregard to repeated written and verbal instructions not to hold the event, the Department
increased fines to a total of $34,000 and required the Applicant provide a Letter of
Understanding stating that the Applicant would not conduct or advertise any further unpermitted
events until a Special Permit was secured. Planning Department Background Report, Exhibit 7.
The Applicant filed a Petition for Appeal on January 14, 2025 to the County Board of
Appeals.
There are still these outstanding notice of violations and fines related to previously
unpermitted festival events that the Applicant has yet to address, thus a condition of approval
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should require the Applicant to rectify all outstanding violations prior to operating the next
annual festival event in 2026.
The Planning Department sent a Warning Letter dated September 8, 2022 pursuant to
Zoning Code Violation 2021-015E to the Applicant in response to a complaint about an
unpermitted commercial rental business/base yard within the agricultural zone district with
included heavy equipment related to ranching operations and a material hauling business.
Planning Department Background Report, Exhibit 2. The Planning Department sent a Closure
Letter dated November 1, 2022 after inspectors found that three dump trucks were removed from
the property. Planning Department Background Report, Exhibit 3.
5. The proposed use does not unreasonably burden public agencies to provide roads
and streets, sewers, water, drainage, school improvements, and police and fire protection. (PD
recommendation, p. 8-10, and PD FOF and COL.)
Access to the property is provided via Indian Tree Road, a private roadway with
pavement widths varying between 12 and 16 feet within 50-foot-wide easements that serve 7
properties between the highway and subject property, with the property situated approximately
0.7 miles west (mauka) of Hawaiʻi Belt Road. The Applicant has legal easement over the
roadway.
Internal access through the property to the bonfire area and designated campsite areas
will be provided by an existing 10-foot-wide gravel driveway. This existing driveway includes
multiple pull-off points to accommodate two-way traffic and crosses a stream. A condition of
approval will require the Applicant to comply with Fire Code requirements, which may include
the necessity to widen and improve the Indian Tree Road and the internal access driveway to
Fire Department Access Road standards if required by the Fire Department.
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Parking for up to 200 vehicles is available in designated areas within the campsite zones
on existing grassy areas. While Plan Approval is usually required as a condition of a Special
Permit, it is not required. Given the annual, short-term nature of the proposed festival event and
the fact than no permanent structures or improvements related to the festival use are proposed on
the property, Plan Approval is not recommended for the proposed use. However, a condition of
approval will require the Applicant to meet the requirements of the State Department of Health
Disability and Communication Access Board (DCAB) to provide for disabled access and
parking.
The heavy equipment rental base yard area on the property has been previously cleared
and consists of gravel, providing a stable and suitable surface for base yard and event check-in
purposes, thus Plan Approval is not recommended for that area either.
As there is no County sewer system in the area, the Applicant proposes to provide portable
toilets for the annual, 4-day event. There is no wastewater created by the commercial vehicle
parking area.
The subject property is not currently served with County water. Event attendees will be
required to bring their own potable water for the 4-day event and there are currently no fire
suppression water storage facilities on the property. A condition of approval will require the
Applicant to comply with Fire Code for appropriate fire suppression water storage for both the
annual event use and heavy equipment rental base yard.
The property is situated within an area designated as Flood Zone X on the Flood Insurance
Rate Map (FIRM) by FEMA, an area of minimal flood hazard located outside the 500-year flood
plain. Cellular telephone service is available to the property, however there is no electrical service
to the property, thus attendees may bring their own generators or solar energy systems for the
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duration of the event. Police, fire, and medical services are located approximately 6.5 miles away
in Hilo.
During previously held events, different activity organizers offered prepared food to
participants (e.g., mushroom soup, grilled cheese sandwiches, pancakes, and juices), prompting
some concern that requirements of the Department of Health related to food safety were not being
followed. In response, the Applicant indicated that while attendees are responsible for bringing
their own provisions and camping supplies, many attendees choose to bring extra food supplies to
share with the other campers. In the spirit of inclusion and gifting, any such food items are freely
shared and are not for distribution at retail or wholesale to the public. Thus, such sharing of food
is not considered a food establishment as defined and regulated by the Department of Health
(DOH) under Chapter 11-50. As the event will only be held annually, the Applicant will pursue a
special event food permit from DOH, as needed, prior to the event. The preceding will be added
as a condition of approval.
With respect to the proposed effigy burning bonfire and campfires for festival attendees,
open burning is generally prohibited in Hawaiʻi, as outlined in Hawaiʻi Administrative Rules
(HAR) 11-60.1, which define open burning as, “the burning of any matter in such a manner that
the products of combustion resulting from the burning are emitted directly into the ambient air
without passing through an adequate stack or flare.” Exceptions to this prohibition are permitted
only with approval from the State Department of Health (DOH) Director. Under HAR Section 11-
60.1-52(d)(1), fires for recreational, decorative, or ceremonial purposes may be allowed if prior
approval is secured from the State DOH through a formal request process. A condition of approval
will require the Applicant to secure permission from State DOH for both the proposed bonfires
and campfires and prohibit such open burning when there is an active “No Burn Period” for the
district where the subject property is situated.
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A condition of approval will be included requiring the Applicant to meet all applicable
County, State and Federal laws, rules, regulations, and requirements. Based on the preceding, the
requested use will not burden public agencies to provide additional services.
6. Unusual conditions, trends, and needs have arisen since district boundaries and
regulations were established.
In the 1960’s and 1970’s, 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 property 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 uses/services that may not be available or allowed by zoning for its
residents.
Since the district boundaries were established, demand has increased for venues to host
special events in natural settings. Furthermore, farmers and ranchers have sought to diversify
income streams to support their agricultural operations. The proposed uses would address the
preceding by providing event an opportunity to enjoy an event venue on a small portion of a
working ranch while helping the rancher lessee diversify their land uses and supplement their
income.
7. The land upon which the proposed use is sought is unsuited for the uses permitted
within the district.
The lands within the permit area are suitable for agricultural uses allowed in the district
and most of the property is actively being used for cattle ranching. However, since most of the
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permit area will only be used for the proposed festival once a year for four days, and the Applicant
will not construct any permanent structures or cause new land disturbance related to the festival
use, the proposed use will not adversely affect the long-term agricultural potential of the land.
8. The proposed use will not substantially alter or change the essential character of
the land and the present use.
Except for the vehicle parking area, the permit area is vacant of any structures and uses,
and only minimally improved with an existing 10-foot-wide gravel driveway. The existing heavy
equipment base yard will remain the Applicant is not proposing any permanent structures or land
alteration related to the proposed festival use.
Neither the gathering nor the vehicle storage will involve any permanent structures, or
alteration of the land in any way.
The Rancher rotates his cattle, in normal course, through dozens of different parcels
throughout the property, and the gathering will not in any way impact his ability to conduct
cattle grazing.
While the character of the land will temporarily change during the 4-day annual event; the
festival area is centrally located on the property, far from neighboring properties. As a result, any
changes to the character of the land will not be obvious from outside the property and will remain
short-term in nature.
9. The request is not 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
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various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas
within the County.
The permit area is designated as Important Agricultural Lands, which are lands with better
potential for sustained for sustained high agricultural yields because of soil type, climate,
topography, or other factors. Use of the 14.24-acre land area for festival use once a year for four
days will have minimal impact on the agricultural potential of the permit area. The 0.46-acre land
area for the heavy equipment rental base yard is utilized by the rancher who leases 1,000 acres of
the property for their cattle ranching operation. As such, some of the heavy equipment is used on-
site for agricultural purposes and some of the equipment is rented and hauled off-site for
commercial jobs. The legitimization of the use is necessary under the requested Special Permit.
The approval of the subject request would support the following goals and policies of the
General Plan:
Economic Element
▪Encourage the development of a visitor industry that is in harmony with the social,
physical, and economic goals of the residents of the County.
▪Provide residents with opportunities to improve their quality of life through economic
development that enhances the County’s natural and social environments.
Recreation Element
▪Provide a wide variety of recreational opportunities for the residents and visitors of the
County.
▪Provide a diversity of environments for active and passive pursuits.
Land Use-Agricultural Element
▪Preserve the agricultural character of the land.
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▪ Encourage other compatible economic uses that complement existing agricultural and
pastoral activities.
The Hāmākua Community Development Plan (HCDP) was adopted by Ordinance No. 18 78,
with an effective date of August 22, 2018. The proposed use is consistent with the following
objectives of the HCDP:
▪ Enhance and promote local and sustainable agriculture, farming, ranching, renewable
energy, and related economic support systems.
▪ Promote appropriate rural tourism that welcomes guests for an alternative visitor
experience. Promote Hawaiʻi’s host culture and Hāmākua’s heritage, including historic
roads and plantation towns, and festivals that celebrate our rich multi-cultural music, art
and agriculture.
10. The request is not contrary to Chapter 205A, Hawai‘i Revised Statues, relating to
Coastal Zone Management.
The property is located over one mile away from the nearest shoreline and will not be
impacted by coastal hazards or affect beach erosion, coastal ecosystems, and marine resources.
Additionally, it is not located in the Special Management Area and there is no record of a
designated public access to the shoreline or mountain areas that traverses the property. Based on
the preceding, the proposed use is not contrary to the objectives of Chapter 205A, Hawai‘i
Revised Statutes relating to Coastal Zone Management.
11. The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights.
In view of the Hawaiʻi State Supreme Court’s “PASH” and “Ka Paʻakai O KaʻAina”
decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in
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terms of the cultural, historical, and natural resources and the associated traditional and customary
practices of the site.
Investigation of valued resources: No formal archaeological reconnaissance survey, oral
history of kamaʻāina accounts of the area, historical survey of documentary records, or botanical
study was included in the application.
The valued cultural, historical, and natural resources found in the special permit area:
According to the Applicant, no archeological or historical features are known to exist within the
permit area as it has been previously cleared and heavily utilized for sugar cane cultivation and
cattle grazing. Furthermore, the Applicant is unaware of any traditional or customary Hawaiian
practices associated with the property. No professional surveys were conducted of the flora/fauna
resources on the property and there are no known endangered or listed plant species on the
property.
Possible adverse effect or impairment of valued resources: As there are no known valuable
archaeological, historical, or cultural resources within the permit area and the Applicant is not
proposing any additional development or ground disturbance, the proposed use is unlikely to
adversely affect or impair valued resources.
Feasible actions to protect native Hawaiian rights: To the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed use will not affect traditional
Hawaiian rights; therefore, no action is necessary to protect these rights.
DECISION AND ORDER
Based on its consideration of the evidence and argument presented at hearing, including
the public testimony, the documents filed herein, and the foregoing Findings of Fact and
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Conclusions of Law, and applying the reliable probative evidence and law, the Hearing Officer
hereby decides and orders as follows:
Special Permit Application No. PL-SPP-2024-000075 to allow an annual, 4-day long
festival event with overnight camping and to allow the operation of a heavy equipment rental
base yard on 14.7 acres of a larger 1,419-acre parcel in the State Land Use Agricultural District
would not be contrary to the objectives sought to be accomplished by the Land Use Law and
Regulations and should be granted subject to the following conditions:
1. The Applicant, its successor or assigns, shall be responsible for complying with all
the stated conditions of approval.
2. The operation of the proposed uses shall be conducted in a manner that is
substantially representative of plans and details contained within the Special
Permit Application, any subsequent material received by the Planning
Department, and any representations made to the Windward Planning
Commission. Any expansion or uses beyond what is represented shall require an
amendment to this permit.
3. Festival events shall be limited to one per calendar year no longer than four days
in duration and shall not exceed a maximum of 500 attendees per event.
4. As represented by the Applicant, the heavy equipment rental base yard shall
include the storage of no more than six (6) pieces of heavy equipment that is
rented for commercial uses off-site. This limitation does not apply to agricultural
vehicles to be used exclusively on-site.
5. All festival-related parking shall occur within the permit area and shall be
prohibited on or along any public or private roadway. The Applicant shall provide
access and parking for disabled participants meeting with the requirements of the
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Americans with Disabilities Act (ADA) and State Department of Health
Disability and Communication Access Board (DCAB).
6.To mitigate traffic impacts to the Indian Tree Road/State Highway 19 intersection
related to the annual event, the Applicant shall develop a Traffic Management
Plan that shall be submitted to and approved by the State Department of
Transportation District Engineer prior to each event. A copy of the approved plan
shall be provided to the Planning Department prior to each event. Implementation
of the approved plan shall be the responsibility of the Applicant. In addition, the
Applicant shall submit a plan to the Planning Department to develop three paved
pull-out/passing areas on Indian Tree Road between the boundary of the subject
property and State Highway 19. The Applicant shall be solely responsible for the
construction and cost of said pull-out/passing areas once approved by the
Director. The Applicant will be responsible for maintenance of the pullouts as
part of Condition No. 7.
7.Prior to each annual festival event, the Applicant shall conduct and document a
pre-use roadway condition assessment, including photo/video documentation of
roadway conditions. Within a month after each annual festival event, the
Applicant shall repair any damages to Indian Tree Road caused by festival traffic,
which may include up to 200 vehicles. The Applicant shall also repair any
damages related to the heavy equipment rental/hauling operation at least once per
year. Repairs must restore the roadway(s) to the same or better condition as
documented in the pre-use assessment. The Applicant shall allocate $10,000
annually for roadway repairs to fulfill these requirements. The Applicant shall
provide the Planning Director an annual report documenting the repairs made.
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8.No later than one month prior to each annual festival event, the Applicant shall
notify the Planning Department, Police Department, and Fire Department of the
event dates, number of expected attendees, and anticipated vehicle numbers.
Furthermore, the Applicant will provide and review fire safety plans with the Fire
Department and event security plans with the Police Department. The Applicant
shall provide the Planning Department documentation that these
notifications/consultations have occurred.
9.No later than one month prior to each annual festival event, the Applicant shall
notify neighbors along Indian Tree Road before the event providing event dates,
number of expected attendees, anticipated vehicle numbers and contact
information to communicate nuisance complaints. The Applicant will address
complaints during the event, taking immediate action on reasonable concerns.
10.Prior to each annual festival event, the Applicant shall secure written approval
from the Director of the State Department of Health (DOH) through the Clean Air
Branch for any open burning as defined by the DOH during the festival event,
including but not limited to fires for recreational, decorative, or ceremonial
purposes. Documentation of the approval shall be provided to the Planning
Department no later than one month prior to each annual festival event. Open
burning shall be prohibited if there is an active ‘No Burn Period’ as designated by
the DOH for the district within which the subject property is situated.
11.All amplified sound, including but not limited to percussive music, shall be
directed in the western (mauka) direction toward the vacant portion of the
property and away from any surrounding residences and shall cease by 9 p.m.
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12. Within sixty days of the approval of this Special Permit, the Applicant shall
provide the Planning Department with a metes and bounds survey of the approved
permit area, completed by a surveyor licensed by the State of Hawaiʻi. Use of the
property beyond the permit area for uses approved under this permit shall be
prohibited. Within sixty days of the approval of this Special Permit, the Applicant
shall install flagging around the approved permit area and provide signage
indicating the extent of the permit area for the duration of each event. The
Applicant shall provide attendees with a map or diagram showing the permit area.
13. Within 180 days of the approval of this Special Permit, the Applicant shall either
remove, secure building permits, or receive an HRS 46-88 exemption from the
Department of Public Works-Building Division for all unpermitted structures in
the heavy equipment rental base yard area. The Applicant shall complete this
requirement within one (1) year thereafter.
14. The Applicant shall comply with Fire Code as required by the Fire Department
for both the annual festival event and heavy equipment rental base yard, which
may include improvements of roadways to Fire Department Access Road
standards and installation improvements for fire suppression. Prior to the next
annual event in 2026, at the permit area the Applicant shall install a fixed water
storage tank with a capacity of no less than 5,000 gallons which is equipped with
a pump, which may be portable but is installed and operational during each
festival event, sufficient to provide water flow of no less than 60 gallons per
minute and water pressure no less than 300 PSI and a hose compliment and
nozzle(s) adequate to reach the fire source. Upon successful completion of the
improvements, if any, and prior to the next annual event in 2026, the Applicant
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shall provide the Planning Department documentation from the Fire Department
that the improvements meet Fire Code standards. The Applicant shall make any
improvements in subsequent years that are required by the Fire Code Standards
and provide the Planning Department documentation from the Fire Department
that these upgrades meet the new Fire Code Standards.
15. The Applicant shall provide a sufficient number of portable toilets for each
annual 4-day festival, ensuring compliance with ADA accessibility requirements.
The toilets must be monitored and maintained in a clean, functional, and sanitary
condition throughout the event, with regular servicing and emptying as necessary
to prevent unsanitary conditions. A licensed company must be contracted for the
provision, maintenance, and removal of the toilets. All portable toilets must be
removed from the event site within 48 hours after the festival concludes, ensuring
no waste or equipment remains.
16. Within thirty days of the approval of this Special Permit, the Applicant shall
remedy all outstanding violation actions issued by the Planning Department,
including completing corrective actions and paying all associated fines, fees, and
penalties.
17. To ensure food safety during the event, the Applicant shall comply with all
applicable requirements of the State Department of Health regarding prepared
foods provided to event participants.
18. The Applicant shall comply with all applicable County, State, and Federal laws,
rules, regulations, and requirements.
19. If the Applicant fails to comply with the conditions of approval or cause
complaints relating to any interference or nuisance and are unable to resolve them
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with the surrounding community, the Planning Director shall investigate and, if
necessary, suspend the permit. The Planning Director shall then refer the matter
to the Planning Commission to revoke the permit. Upon appropriate findings by
the Planning Commission, if the Applicant fails to comply with the conditions of
approval or has caused any unreasonable interference or nuisance on the
surrounding community, the permit may be revoked.
20. An initial extension of time for the performance of conditions may be granted by
the Planning Director upon the following circumstances:
A. 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.
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
Windward Planning Commission for appropriate action.
Dated: Hilo, Hawai‘i, Feb. 17, 2026.
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By:
SHERRY P. BRODER, Hearing Officer
Windward Planning Commission
County of Hawai‘i
State of Hawai’i
lca
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAIʻI
STATE OF HAWAI'I
TEPPY MOUNTAIN, LLC,
Applicant,
JAMES McMAHON and LICHUN HUANG,
Intervenors,
JEFFREY W. DARROW,
Planning Director.
SPECIAL PERMIT APPLICATION NO. PL-
SPP-2024-000075
CONTESTED CASE HEARING PL-SPP-
2025-000025
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was served
upon the parties identified below by electronic mail service upon the following on January 12,
2026:
Delivered via Electronic Mail (E-Mail)
TEPPY MOUNTAIN, LLC
c/o Andrew Tepper
4717 Middle Road
Allison Park, PA 15101
Email: teppy@egenesis.com
Applicant
CALVERT CHIPCHASE, ESQ.
JACOB HONIGMAN, ESQ.
Cades Shutte LLP
1000 Bishop Street, Suite 1200
Honolulu, HI 96813
Email: cchipchase@cades.com
jhonigman@cades.com
Attorneys for Applicant
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JAMES McMAHON and LICHUN HUANG
P.O. Box 340
Papa`ikou, HI 96781
Email: jimlichun@gmail.com
Intervenors
JEAN CAMPBELL, ESQ.,
Corporation Counsel for Planning Department
County of Hawai`i
101 Aupuni Street, Suite 325
Hilo, HI 96720
Email: jeank.campbell@hawaiicounty.gov
Attorney for Planning Director
Dated: Hilo, Hawaiʻi, February 17, 2026.
/s/ Sherry P. Broder
SHERRY P. BRODER
Hearing Officer
Teppy Mountain, LLC; SPECIAL PERMIT APPLICATION NO. PL-SPP-2024-000075
CONTESTED CASE HEARING PL-SPP-2025-000025; Certificate of Service
691