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HomeMy WebLinkAboutBinder1MEETING OF THE KAUAI COUNTY HISTORIC PRESERVATION REVIEW COMMISSION THURSDAY, DECEMBER 6, 2012 3:00 p.m. Lihu'e Civic Center, Moikeha Building Meeting Room 2A/2B 4444 Rice Street, Lihu'e, Kaua'i AGENDA CALL TO ORDER APPROVAL OF THE AGENDA APPROVAL OF THE NOVEMBER 1, 2012 MEETING MINUTES A. ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS 1. Discussion on proposed Preservation/Historic Planner for FY 2014. Budget. B. COMMUNICATIONS (None) C. UNFINISHED BUSINESS 1, Certified Local Government (CLG) Status 2. Status of investigative committee members and discussion to scope tasks for an investigative committee to identify properties for nomination to the State and National Register of Historic Places. Once formed and the tasks completed, the investigative committee will present its findings to the Commission in a duly noticed meeting for decision - making. 3. Status of investigative committee members and discussion to scope tasks for an investigate conunittee to identify potential amendments to Article 25, Chapter 8 of the Kauai County Code, 1987 as amended, including to but not limited to changing the name of the Commission and clarifying the role of the Commission. Once formed and the tasks completed, the investigative committee will present its findings to the Commission in a duly noticed meeting for decision - making. December 6, 2012 K.H.P.R.C. Agenda Page 2 D. NEW BUSINESS 1. Class IV Zoning Permit. Z -IV- 2012 -2, Use Permit U- 2012 -2 and Special Management Area Use; Permit SMA(U)- 2013 -1, to allow after- the -fact improvements involving Lot 6 of the Kahili Makai Subdivision, which includes construction of a concrete retaining wall, drainage sump, and extension of concrete driveways — Tax Map Key (4)5 -2- 021:006, Kilauea, Kauai, Lauren Nicole Spellman Smith and .Brian John Smith. a. Letter (September 20, 2012) to Ms. Jody Galinato, Planner, County of Kauai Planning Department from Puaalaokalani D. Aiu, Ph.D., Administrator, State Historic Preservation Division. b. Letter (I-\Iovember 9, 2012) to Hallatt Han -matt, Ph.D, Cultural Surveys Hawaii from Pua D. Aiu, Ph.D., Administrator, State Historic Preservation Division. 2, Class 1V Zorri.ng Permit Z -IV- 2103 --6 and Use Permit U- 2013 -6 to construct a storage shed -- Tax Map key 2 -8- 008:019, Koloa, Kauai = Olegario & Anne E. Rivera, E. SELECTION OF NEXT MEETING DATE AND AGENDA TOPICS (1/12/2013) F. ADJOURNMENT EXECUTWE SESSION: The Commission may go into an executive session on an agenda item for one of the permitted purposes listed in Section 92 -5(a) Hawaii Revised Statutes ( "H.R.S. "), without noticing the executive session on the agenda where the executive session was not anticipated in advance. HRS Section 92 -7(a). The executive session may only be b.eld, however, upon an affirmative vote of two - thirds of the members present, which must also be the majority of the members to which the board is entitled. HRS Section 924. The reason for holding the executive session shall be publiely announced. Note: Special accommodations and sign language interpreters are available upon request five (5) days prior to the meeting date, to the County Planning Department, 4444 Rice Street, Suite 473, Lihue, Hawaii 96766. Telephone: 241 -4050. KAUAI COUNTY HISTORIC PRESERVATION REVIEW COMMISSION Lihue Civic Center, Moikeha Building, Meeting Room 2A/2B MINUTES A regular meeting of the Kauai County Historic Preservation Commission (KHPRC) was held on November 1, 2012 in the Lihue Civic Center, Moikeha Building, Meeting Room 2AJ2B. The following Commissioners were present: Pat Griffin, Vice Chairperson, Danita Aiu, Jane Gray, David Helder, Stephen Long, Patsy Sheehan., and Randy Wickman. The following Corru- issioner(s) were absent: Kuuleialoha Santos, Chairperson. CALL TO ORDER Vice Chairperson Griffin called the meeting to order at 2:57 p.m. APPROVAL OF THE AGENDA Ms. Griffin: Before we approve the agenda is there any objection to our removing the first three items to the end and start with items under D, New Business. Ms. Aiu: So moved. Mr. Long: Second. Ms. Griffin: Thank you there is approval of the agenda. All in favor? (Unanimous voice vote). Opposed. (None). Thank you. APPROVAL OF THE MINUTES The Minutes of the October 4, 2012 meeting were approved as circulated. ANNOUNCEMENTS AND GENERAL BUSINESS MATTERS There were no announcements and general business matters. COMMUNICATIONS There were no communications. November 1, 2012 K.H.P.R.C. Meeting. _,utes Page 2 UNIFINISHED BUSINESS Re: Appointment of investigative committee members and discussion to scope tasks for an investigate committee to identify potential amendments to Article 25, Chapter 8 of the Kauai County Code, 1981 as amended, including to but not limited to changing the name of the Commission and clarifying the role of the Commission. Once formed and the tasks - completed, the investigative committee will present its findings to the Commission in a duly noticed meeting for decision - making. Ms. Griffin: Unfinished business, appointment of investigative committee members and discussion to scope task for an investigative committee to identify potential amendments to Article 25, Chapter 8 our historic preservation ordinance. Mr. Junk: I was just going to let you guys know we are going through the CZO update, phase Il, it would be the changes to the CZO and I was going to tally to Mike about incorporating some of the changes. So if the..committee is formed today then I can work with the committee to identify some of the changes and then we could either do a separate bill or try lock it in with the CZO phase II update. So there is two options available really. Ms. Griffin: -Do you have a recommendation for us ?- Mr. Junk: It's up to you. I mean timing may be difficult with the CZO Phase II update. So if it is critical to move a package out quick then you might want to do a separate bill but you know if timing isn't critical to you guys then we could wrap it up all in the CZO update. Ms. Sheehan° What's the timetable for CZO update? Mr. Junk: It's a big project. Ms. Sheehan: Two years? Mr. Jung: Two years but it could get caught up in Council cause. there is a lot of substantial changes that are occurring in the CZO so there are pretty big policy calls. Ms. Sheehan: I think the task force could come up with an answer before two years. We may have to go on our own. Ms. Griffin: So you are recommending that we actually build a P I G now? Ms. Sheehan: Do you think we would do better on our own as far as passing anything? Mr. Jung: It all depends on what the outcome is on the recommendation, what the changes are but standing on its own can be good and can be bad at times. November 1, 2012 K.H.P.R.C. Meeting lutes Page-3 Ms. Sheehan: Well if we don't pass on our own we can just hook up two year from now with the CZO. Mi.. Jun : Right, Ms. Griffin: So why don't we start the P I G now. Does anyone object to that? (None). I would like to suggest that Kuulei as our chair and the person who actually initially brought this up be on the committee. We can have up to four. You were asking, Steve, about being on, would you like to be on. Mr. Long: I am not clear on what I am raising my hand for. Ms. Griffin: It's to review the ordinance and what our M O is. Mr. Junk: Basically looking at the code provision and whether or not the role should be expanded or clarified. Ms. Sheehan: The name change too. Mr. Jun 7: And the name change- right. So all this has to be within confines of certain federal provisions but technically you could look at adopting new roles and responsibilities. Ms. Griffin: Is that something. Ok so we leave two people anybody else want to be part of reviewing our ordinance and,.. Mr. Helder: I am up next month. I am at the end so... Mr. Wichman: December will be my last meeting. Mr. Helder: Me too. Ms. Griffin: Patsy? Is this something you would be willing to do? Ms. Sheehan: I thought I was doing the other one? I am already doing the inventory one. Ms. Aiu: You are. Ms. Griffin: I will at least pro tem with the group and we will just get going from there. Mr. Junk: You can always appoint. Ms. Griffin: Do we need to vote? Mr. Jung: As the chair you can just formerly make the appointments. Novembcr 1, 2012 K.H.P.R.C. Meeting, .Aes Page 4 Ms. Griffin: Thank you. As the Chair I will do so. So the appointment as the three of us. Ms. Aiu: So you have Mr. Long, Kuulei, and you. Ms.. Griffin: Yes. Ok so is there any other discussion about that. (None.) Re: Certified Local Government (CLG) Status Appointment of investigative committee members and discussion to scope tasks for an investigative committee to identify properties for nomination to the State and National Register of Historic ]Places. Once formed and the tasks completed, the investigative committee will present .i #s findings to the Commission in a duly noticed meeting for. decision - making. Ms. Griffin: Ok Certified Local Government Status. Ms. Aiu: Olt presently there is nothing new to report. It'. s at a standstill. He has turned in the... Mr. Wichm.an: The application. Ms. Aiu: Not the application to the Finance Director, M_ r. Jung: The funding cert? Ms. Aiu: The what? Mr. Jun : The funding cert? Ms. Aiu: No it starts with a P. Ms. Griffin: The RFQ? Ms. Aiu: And that's where it stands right now. Ms. Griffin: Probably next month rather than being the appointment of the investigative committee it would he report or something since they have been appointment. Mr. Jung: What we did is just we put the same agenda topic from the previous meeting so you could at least give the status where you have been after the appointment. So we just linked it back to the original appointment agenda item. Ms. Aiu: Yes we are all in already, committed. Ms. Griffin: Ok any other discussion on the CLG status? (None.) November 1, 2012 K.I3.P.R.C. Meeting. ..utes Page 5 NEW BUSINESS Re: Robert Lober, TMK: 24- 07:16, Koloa, Kauai, Hawaii - Proposed alterations to include French doors and canopy to existing retail building. Ms. Griffin: Moving on to new business, D.1., Robert Lober and this is for proposesd alterations to include French doors and canopy to existing retail building at TMK: 2- 8- 07:16, Ms. Crystal Lober: I am Crystal Lober. Mr, Robert: Lober: And 1 am Robert Lober. Mine is slightly less complex then the last one. Mr. Wichman: You should've been here a little bit earlier (laughter in the background). Mr. Lober: Shall I begin? Ms. Griffin: Please, Mr. Lober: This is an existing retail facility and it's in. the Old Kaioa Town. Those of you have a packet. Ms. Griffin: We all have it. Mr. Lober: Ok our proposal as tenants of the space and as part of retail tenant improvements our proposal is actually to increase activity in the courtyard and so our proposal is actually to take out some existing windows and - replace them with glazed French doors and that actually will flow into the courtyard space and that activates the courtyard quite substantially. As part of the doors we would like to put a small canopy faxed with six foot extension of the basic door line. The character of the complex I would say is plantation. Many of the buildings are of that era and they have maintained that and our proposal is to keep that flavor. So it's not a radical departure. The first exhibit that we have included is a location plan. For those of you are familiar with the area the Salvation Army is the grey thatched building. The courtyard space is indicated on the plan but nonetheless it's that space and the project location is circled. If you would like I have photographs of the existing complex which I could pass around for those of you who would like to see. Mr. Helder: Do you have the photographs of the existing entrance? Mr. Lober: I do. Mr. Helder: Ok. And it's relationship to... November 1, 2012 K.Ii.P.R.C. Meeting, ..,,Lutes Page 6 Mr. Lober: And it's included in your packet but there is more amplified versions of it in the hand out that is going around. Ms. Griffin: Continue... Mr. Lober: It's a fairly straight forward proposal. I think our intention is to malanla the courtyard and to improve that space. It is an historic building I suppose or district and I think one of the ways you can enhance and preserve the historic buildings is to give them economic life and I think that this is a logistic proposal. Ms. Griffin: Questions? Mr. Long: I have a question with regards to the window /ventilation jalousie windows above the two sets of windows that you are replacing with the French doors. What's your intention? Mr. Lober: We are still evaluation whether does can actually be reconfigured or if they actually function as ventilation elements. Our proposal is to actually remove the first bank below and to put glazing into there and replace those louvers with glass. it's a tall. vaulted space so that allows some light up high in the space. Mr. Helder: Can I ask, is this on our purview because of just exclusively the age or there has been something special about this little area or this particular building or is it just because it's 50 years? Mr. Lober: If I may... Mr. Helder: This is a question for the Planning Department why this came before us. Mr. Jun : I think it would trigger a Class I permit and it's in the Special Treatment Cultural District. Mr. Helder: So it is a Special Treatment Cultural District which involves all these little buildings. Mr. Junk: And there are all these historic structures. Mr. Helder: Are they in their original locations? Mr. Jun : The door? Mr. Helder: The store. The building, were they all originally here. In other words was the alignment the way it is now. The entrances. The orientation of light. How the traffic flow. _Ms. Griffin: I can... speak a little to that cause I remember back in the 80s actually when Old Kola Town wa§ developed as a shopping center in the 83, 84 and Koloa Fish and Chowder House was a tenant in this building and they were clients of ours and actually was the whole building. It's November L 2012 K.H.P.R.C.Meeting.,_..Lutes Page 7 been halved but it's been quite a bit of work and then it became Mangos who was also another client of ours. Then it became Pancho and Lefty's you know and a lot of the buildings here, what you see of these windows I think is from its restaurant days and so all of these have been altered. Furthermore, it's not really on the roadside. It's in the courtyard. S.o it's not something you see from KOloa Road or any of the passes but I think the long and the short of it is that the face of the building has lost its integrity over the years. We are not worried about character defining changes. That's our verbiage. here. Mr. Helder: Got ya. That was the question-I was asking. So. you are not changing the siding or any of that? Alright. Ms. Griffin: And the doorway, right in front of it. I haven't seen the pictures yet but are you all going to change the plantings in front of it. Cause to put the doorways in the middle. Mr. Helder: Could we see the photograph. Mr. Lober: In order to get the doors to out swing you. have. to remove a portion of that rock wall. Ms. Sheehan: Could you tell us about the age and what history you know. Mr. Lober: Prior to 1980 this building was moved to this site. The Planning Department, Dale Cua, informed me that from his sources that it was not over fifty years old the building itself What triggered it was the location in the district. In fact it almost had to go before the Planning Commission but they determined that they could do through Class I as opposed to Class II. Mr. Helder: I don't see it having any drawback to the rest of what is going on in the rest of the district. You know. It's kind of adaptive reuse. Mr. Wichman: Yes adaptive reuse at this point. Mr. Helder: It doesn't look like they have made modification to it. It's appropriate with what is going on there in the shopping area. Ms. Griffin: The door at the right and it is a French door already. Several of thenr are. Mr. Helder: The integrity of the building is already compromised. Ms. Griffin: Would you like to make a motion? Mr. Helder: I move we accept the plans as presented. Ms. Griffin: Second ?. Mr. Wichman; Second. November I, 2012 K.H.P.R.C. Meeting .._.lutes Page 8 Ms. Griffin: Further discussions? (None.) All in favor? (Unanimous voice vote). Opposed? Hearing none the motion is carried. Thank you very much. Re: Kaumuali`i Highway (Phase 1), Lihu'e Mill Bridge to Rice Street, Federal Aid Pfoject No. ARR- 0504(036), Lihu'e, Island of Kauai, State of Hawai'I, Pre -final bridge railing design for Lihu'e MilfBridge. Letter (10/19/12) from Mr. Pat V. Phung, P.E., Leed Civil Engineer, US ]Department of Transportation., Federal Highway Administration to Kuuleialoha Santos, US Department of Transportati6n, Federal Highways Administration. Ms. Griffin: The first item of new business is Robert Lober? Let's move to D.2., Kaumuali`i Highway (Phase 1), Lihu'e Mill Bridge to Rice Street, Pre -final bridge railing design for the bridge, gentlemen. Mr. Jim Niermarm% Good afternoon my name is Jiro Niermann a planner with R.M. Towill Corporation and I am here on behalf of the Department of Transportation, Kauai District and. Federal Highways too. I will be careful as far as speaking for them. I know we have authorization under the 106 process but I will reserve my comments for what I know. Mike Okamoto is the project engineer also with R.M. Towill, and Stanford Iwamoto with DOT is waiting in the wings if we get into trouble. So we are here on behalf DOT to present the pre -final design for Lihu'e Mill Bridge railing as well as to address two of the other items that were in the motion from previous session we attended. One of which pertains to Hoomana and as far as what our mitigation for the impacts to Hoomana -Road. overpass and then also there was a motion to work with the residents who express concerns about the project and so I can give you an update on some of the things. One of the question I had is did you all receive the Federal Highways letter, not just the invitation to the 106 meeting but there was• another letter. Ms. Griffin: The memorandum agreement? Mr. Niermann, No it was actually a letter, a formal letter requesting to be on today's agenda. Ms. Griffin: We had an email from Myles to Shan that was from you or to Myles from you. Mr. Niennann: The only thing that I would be missing from that, which I can go over just verbally is some of the outreach efforts that we have undertaken and then a follow up with that information in written format. So let's see (inaudible). From the meeting on the 3rd we have presented three alternatives for the guardrail on the bridge. This up here is existing conditions on the bridge and kind of the characteristics the three alternatives we have presented. One was to replicate this because it November 1, 2012 K.H.P.R.C. Meeting .....Lutes Page 9 cannot be crash rated was to put an additional railing crash rated railing between the existing railing and the travel way on both sides and. adding that extra element and then there were two variations kind of in the period of abridge railing (inaudible). So the motion was to pursue or in support of this direction. (Inaudible) but this what we presented as the direction Nye would go. There were two variations. The first one was replace the pointed arch with a curved arch and then to eliminate the top ('inaudible). So -this is actually taken from the pre -final design drawing so this is actually a design from the design drawing and got the curved arch. The existing rail is 39 1/z inches tall. That's what the existing top is. This is 42 to meet current standard. It will be on the other edge of the sidewalk on the makai side. On the mauka side of the Llhu'e Mill Bridge there won't be a sidewalk. It will just be a three foot shoulder and travel lane. On the new bridge Which is yet to be named it will be on both sides. Again the sidewalk will be on the mauka side and then on the interior side there will -be no side walk. It will be just the shoulder. So it will have an intersection between two bridgds there will be a railing here (inaudible). So that railing will be repeated four times, two oil the Lzhu'e Mill Bridge and then twice on the other bridge. So that's what's propsed. I can go into the other motions. Ms. Griffin: Let's stay with the L -ihu'e Mill Bridge and then go to Hoomana. Is that what you are... Mr. Niennann: Yes and that's essentially it as far as the deign details. The crash rated railings need to be installed. Changes to the Lihu'e Mill Bridge would be removal of the existing deck and rails. The substructure remains intact. There is the addition of the new pier at each column to all for the widening on the mauka side of the bridge but the existing steel structure underneath remains intact. That's what's proposed for the Lihu'e Mill Bridge. Everything from the deck up is demolished and replaced. New deck and guardrail and a wider section. Ms. Griffin: Are there questions of Mr. Niermann? Mr. Wichman: If I may say something. Ms. Griffin: Yes please. Mr. Wichman: I think most of us have been in the process since the beginning and where we started off and where we are now is a vast difference and again at this particular point these bridge designs from what was originally intended to right now are really nice. Mr. Niermann: Ok thank you that's good to hear. There was a number of concerns. Mr. Helder: So it won't have the steel on top? It's just going to be concrete? Mr. Niermann: Yes it will just be concrete and is it cast in place. Ms. Griffin: And you mentioned Jim that the new bridge is going to replicate that same design? November 1, 2012 K.H.P.R.C. Meeting. ..Wtes Page 10 Mr. Niermann: No it will not replicate this design. That was one of the options we had considered. Mr. Helder: No this one the new arch one. Mr. Niermann: No it's... Ms. Griffin: You said you are going to have essentially four rails that look alike even though that one is new and... Mr. Nien-nann. Correct. All of the railings are going to be based on this design. Mr. Griffin: Are there other questions? (None). I read that you are looking for us to decept this to vote approval? Mr. Niermann: I know that the language in. the MOA is to provide opportunity to coninient. So it's pretty soft in terms of what we are thinking but we would like to, I don't know if We need necessarily approval or disapproval. Of course it's always great to get voice of approval. Ms. Griffin: Right. This we will be asked to concur on the design. So we have the option of concurring or accepting. I am not hearing anyone suggesting it be changed. Mr. Helder: Are you splitting this in two? Ms. Griffin: I would like to cause they are two different designs and... Mr. Helder: Ok. Mr. Wicllnzan: Motion to approve the Lzhu'e Mill Bridge pre -final rail designs as is. Mr. Helder: Second. Ms. Griffin: Ok it's been moved and seconded that we approve the railing designs as they have been presented here today. Is there anymore discussion? Ms. Aiu: I just want to make a comment. We are approving quickly today because it was so good the last time. We had a lot of time and a lot of information and I know we voted on what we wanted it and we see it here so thank you very much. Ms. Griffin: Is there anyone from the public that wants to speak on this? Hearing none it's been moved and seconded. All in favor? [Ayes - 6 (Wichman, Helder, Gray, Long, Aiu, Sheehan) and abstention - 1 (Griffin)]. Ok so on to Hoomana. November 1, 2012 K.HRP,.C. Meeting. ,rtes Page I I Mr. Niermann: Hoomana, this is just a plain view of the future bridge. This is the existing highway here. This is the Uhu'e Mill Bridge on this side. Hoomana Road, existing, comes up this way. These are pictures of the guardrails on Hoomana Road and the new bridge alignment on the mauka side. We are going to have about 25 feet on this side that will have to be demolished and about 35 feet on the other side that would have to be demolished. That's shown in red. The blue is going to be tied into the guardrail on Kaurnuali`i Highway that widens this section, the westbound lane and the proposal is to essentially replicate the existing guardrail design as is. So the railing will be replaced with what looks like the existing and that would be realigned.. Before that happens SHPD has asked that we do HAER documentation for this bridge as well as for there is a small bridge right here that is made out of railroad railings that used to carry the railroad tracks down the dirt road here underneath Hoomana Road and then into the mill. So they asked for that also. So we are doing both of those. They went out last week to take the photographs. So they are working on that documentation now. It will be packaged as a nomination package for the National Registry. And that's what's .proposed for mitigation for the railings on Hoomana. Ms. Griffin: How long are the railings now? Mr. Niermann: In total i am not sure. They extend from him all the way up out of the frame here. So I don't know off hand but it is several hundred feet on this side and on the other side not quite a hundred feet on that side. It looks like a third of it is being. demolished. One of the neat things about this railings is it's one of the few railing designs, it's not just on (inaudible) but it's the whole roadway guardrail is the continuous design all the way up and which apparently doesn't appear elsewhere on Kauai or the State. One of tho other historical significance of this bridge is that the bridge itself was built in 1928 but it was maybe the first and last bridge that was built entirely with private funds. It was built without federal funds or any other source. So apparently after this they got wise. Ms. Griffin: It's. also one of only two bridge railway crossings that you know where the train went underneath the road like that. It's significant as is the steel structure of the Lihu'e Mill Bridge. So are there other comments or questions about the removal and replacement on the one side? I would entertain a motion. Mr. Helder: I move that we accept the project as proposed with the designs as presented here today. Mr. Wichman. Second. Ms. Griffin: Thank you: Is there anyone from the public who wishes to speak on Hoomana? Can you sit down next to Mr. Okamoto and introduce yourself. November I, 2012 K.H.P.R.C. Meeting ....,utes Page 12 Mr. John Mceveety: I am John Mceveety. I am just interested is the guardrails going to be painted red. in the future or is it just highlighted? That's soldi you can't see through it. How high is that? Mr. Niermann. It's a little over 36 inches I believe. Mr. John Mceveety: It's 36 inches high? Mr. Niermann: Actually I don't know right off hand how tall it is. ' Mr. John Mceveety: I thought it was like 30 inches high. I was just concerned because I know the requirements are... Mr. Niermann: 42 if you have (inaudible). Mr. John Mceveety: I walk by coming down that street very often. When I have my kid I, hold her hand because it just seems like it's a little short. Is Hoomana that old bridge is it going to be a foot bridge? Mr. Niermann: it's going to remain from this point up there is going to be no change. So it is going to be converted over to afoot and bicycle bridge all the way up. . Mr. John Mceveety: Who is going to maintain it in the future? Mr. Niermann: It is still going to be County and I believe, correct me if I am wrong on that. There will be no motor vehicles. It will still be maintained for vehicle access for the Department of Water because the water lines are not going to be relocated. Mr. John Mceveety: Alright thanks. Mr. Wichrran: I believe that the motion that we are entertaining essentially is within the guardrail design and this only applies to this portion of the project. Ms. Griffin: Anyone else have questions? Hearing none it's been moved and seconded to accept the Hoomana Bridge rail changes as presented. All in favor (Unanimous voice vote). All opposed? (none). Hearing none it carries. And I read in here that there will be a HAER study for the Lxhu'e Mill Bridge as well right? Mr. Niermann: Right in fact that documentation has already been done and it's already in the Library of Congress. It's not on the register but the documentation, the research, the photographs are on record now. Ms. Griffin: Is it possible, may we ask you to give copies to the Kauai Museum and to the Kauai Historical Society so that they will be part of the island's records as well. November 1, 2012 K.H.P.R.C. Meeting.. - .,utes Page 13 Mr. Wichman: There is a stunning mural photograph of the bridge shortly after construction behind the Pepsi case in Tip Top Cafe. They have some beautiful black and white photographs but as you enter into the restaurant there is the Pepsi case and look behind it there is a stunning photograph of this bridge. The vantage point of it is really cool as it overlooks the gulch and into Llhu'e in the 1930s. Mr. Nierrnanri: So it's taken from the Lihu'e side? Mr. Wichman: The mill side corning across. I am sure the museum has the photograph. We don't have it the museum does. Mr. Niermann: The other thing we will .provide when it's complete is the archeological inventory survey. Ms. Griffin: There is also the 1936 photo of the just finishing work from just beyond Hoomana looking towards the mill and until that bridge was constr4eted people went makai of the mill to get to the west and south side. So that was a real game changer for Kauai when the depression funds, the public works projects came and it had (inaudible). Mr. Niermann: My understanding is the fund were specifically for grade separation for railroad safety. Ms. Griffin: And you know that made a difference. Weil thank you for presenting it. Moving- on to... Mr. Niermann: There was a third part of the motion too, that was to continue to work cooperatively with the residents of German Hill cause they had some other concerns about project impact on Gertrran Hill, Mr. Wichman: Where are you standing now with that? Mr. Niermarui: With the... Mr. Wichman: Yes with the residents in the area. Mr. Niermann: They can probably speak from their perspective and from our perspective is there has been, we have gone out several times to meet with Aruzie, John, and Vic in particular -and then since the last meeting we had here we have had, this was on the 3rd I think on the 2'6 of May we had a first preconstruction meeting that we sent out invitations out to all the residents on the Hill. We had a very big turnout. We had a packed house at the DOT facility and we heard a lot of concerns about construction related impacts to the historic character of Gen-nan Hill. There were concerns about the design of the road. So short term and long term concerns to the design and actual project and also concerned to impacts to German Hill itself. November I, 2012 K.H.P.R.C. Meeting .__..utes Page 14 We subsequently had a meeting (inaudible) that was also open to the community. A lot of the same issues came up and a lot of them not to overly narrow theirs down but it came down to road design issues, sight distance concerns, noise is a big concern that it increases noise, vegetation removal was a big concern, and then the kind of aggregate impacts that that would have on the characteristics of German Hill so overall the change of the quality of that neighborhood. There is also another concern related to road design which is the amount of cut in the slope and how close. is that approach to particularly to Annie's house. So there has been a couple of meetings on the site with both the builders, Kiewit, the design engineers, DOT has gone out, I am not sure how many times. I know they have been having discussions on their own with the design team and residents as well. Right now this is showing phase 1. So this is the first phase that would actually affect the residents on German Hill and this is the existing Hoomana Road. This is the new alignment coming up. So the orange on the outside is essentially the right of way line. It comes up here rather than (inaudible) what it is showing is the top of the cut slope. So on both sides that would essentially be the footprint of the grading /excavation. These two squares right here those are the garage that was moved over here. Well actually it was from this one right here and this line right here is the property that was acquired by the State as part of the right of way acquisition right up to this line. -So that is the property line between the State owned property on the side of the road and the Mceveeiy's house /residence. So when the -road goes through the structure is still standing but it is going to be demolished, the garage will be taken down. Trees along there are also going to -be take down by that cut. So as far as what we are doing to work with the residents is to look at tree planting along this edge to try to provide some vegetative screening. We did do a noise study bringing this up with relation to the screening. The noise study was based on the federal standards and did not indicate an increase in noise that would trigger abatement according to federal and state guidelines. Nevertheless there is still that psychological perception of, I mean there is definitely an increase in noise and there is also jus the psychological perception of the increase. Federal or state guidelines don't allow or they don't allow vegetation to be a mitigation for noise and there is kind of a caveat which is you need at least 2.00 deep thickly forested vegetation to actually get rid of noise that would justify the abatement. So putting vegetation in here is not triggered by the noise or cannot be used as justification for that. That is something that DOT is discussing with the residents to plant along here to replace the vegetation and to provide at least the visual screening. There is concern about safety not that there is a cut right there since it is at the edge of the property line. Right now the plan is to have a chain link fence fronted by some kind of vegetative screening on the front side of it and that would fall along the orange highlights going through. Mr. VWichman: Is there any new historical... Ms. Griffin: Hang on just a moment. Can either of you tell me exactly the boundaries of that historic district because if it is outside, if we are talking outside I know that Hoomana is an historic district but if it is outside it is also outside of our purview, I believe, if it's included as November 1, 2012 K.H.P.1Z.C, Meeting , __..utes Page 15 part of the historic district then I think having visual barriers is important as a mitigating factor to the changes below it but the noise may be outside of purview. So I need legal counsel here. Mr. Jung: I have to go look on the snaps to see where the specific district is. Mr. Niermarm: Can I speak to• that real quickly. It might guide your effort. What we found is that there were no boundaries defined. When the 106 was going through previously t was identified by SHPD staff as the historic district. It hasn't been nominated. It has gone through the process but it is certainly an historically significant neighborhood. On that basis there was an assessment and the house needed to be relocated and the determination was no adverse affect. So it would have effect but because the house would be relocated with the district I think that was one of the pieces for no adverse affect. The other part was that I had a number of meetings with the residents of German Hill and it may be characterized as the lease worst alternative or at least it wasn't that everybody was saying we love this but it was the alternative that was selected on the basis that it had the support of the residents. That was also the basis of no adverse affect determination on the rest of the neighborhood and that was also based on the fact of the distribution of houses centered around the church was not going to be significantly altered and would remain intact around the church. So those were the basis for determining a basis of no adverse effect. The only place that it was defined an historic district was in the correspondence. Mr. Helder: We don't have enough. This is not in our package at all. Ms. Griffin: I think this was, well I was looking at Pat here but I what- may be best action for us at this stage been accepted on the State or National Register at this to be nominated and it does have, as you said, historic can do because is simply accept the presentation as it h way or the other, simply to accept the presentation. Phung. There is this map or parr of it in because even though it's not a, it hasn't point that it is acceptable and is possible structures up there. So perhaps what we as been given without having to vote one Ms. Sheehan: That's fine I just had another questions. The new road is a two way road. So tell me again what you are going to do with the old Hoomana Road at the time when the new one is finished. It's not a one way'in and one way out? Mr. Niermann: The new ane will be shut off to traffic. Mr. Helder: We don't have any guidelines or any instruction on how to approach this particular. I see it here as just spelled out as the approaches in the letter, footprint and approaches to bridge. That hasn't come up before but it has in a sense that they were talking about cutting off the old road and digging through the new one and I think you or one of your neighbors was here for that and they described a retaining wall. Other than what we are looking at here what kind of decision could be made that would be substantive to our responsibility. Ms. Griffin: Like I said I am not sure that we need to make a decision. Simply accept the presentation you know for further study. November 1, 2012 1CRP.R.C. Meeting, ..cites Page 16 Mr. Helder: Ok so 106 doesn't require anything from its in those regards? Ms. Griffin: You were going to tell us that there was going to be another public meeting next week? Mr. Niern-iann: Yes and we are having the second 106 community consultation on Tuesday. Two separate sessions, one at 2:30 and one at 6:00. It will be the same presentation and opportunity for discussion and then in addition to that because we do realize it is Election .Day so for those who have difficulty meeting on that day it wasn't by design you know some people may find it easy to show up on that day and some may not. Those who do not we will certainly make other accommodations to talk to them to hear any comments or to have a discussion, site visit, etc. but that's an opportunity for an update on what we have done so far. By the first meeting which was June 28�' we have had the EIS field work done and that identified within the gulch six sites that were plantation infrastructure and that was some water works flumes, rock walls along the stream.. . Mr. Helder: Those would be in our purview. Things like that are things that we are trained to have some,.. Mr. Niermann: The EIS, the draft, was submitted to SHPD on September 27th. So we did just get some continents. CSH who is the archeologist working they are working through the comments right now. Of the six features that were identified four of them are going to be directly impacted including (inaudible) up the gulch there is a rock flume that will be buried or have to be demolishes[ because it will be occupied by the new bridge alignment and. there is a bit of metal, like sheet metal, flume section that is down there. It doesn't seem to be in the location, where it is, it kind of just fell in that - location. The bridge across the stream right here we are not impacting that bridge, that was just something that they wanted documented in the context of this area. The rock wall that's holding up that west bank of the stream, we are going to be penetrating that rock wall with a new drain outlet. So we are going to have to reconstruct a portion of that ai those sites and the proposed mitigation which is essentially data collection/data recovery collection and then document and demolish that's what's being proposed to SHPD. I- think the only issue is the level of documentation is adequate or they want to see more documentation. Mr. Helder: Now if we were going to address the bridge footprint, the approach and the environment I would like to see that. I meari without having saying they have sent it off to SHPD we haven't seen it and so for us to sign off on this without seeing it. Ms. Griffin: Which part are you talking about David? Mr. Helder: I am talking about the six elements that he is describing. If they are going to be impacted we should have documentation. November J, 2012 K.11P.R.C. Meeting. ..ates Page 17 Mr. Wichman: (Inaudible) an SHPD letter that we concur with or not. Mr. Helder: Yes so I would like to see a presentation here accept what we accepted and then accept this part with the caveat that we would have some presentation of the impact of structures so that we could comment on what we would like to see as mitigation relative to us. Ms. G.r_iffin: Typically we would get you know the environmental studies and respond in some way and that is what you arc talking about and we can wait to get that. Just to go back for a minute to the noise and visual mitigation.. I think where it. falls into our purview is that because this is a very historic road it is eligible for the register which gives it the same cache as already the being on it and heritage corridors are a part of our purviews. So even though I suggested and still suggest that we accept the information without voting one way or the other on it. I do think that the visuals and how this more than doubled highway structure is going to affect that road is part of what we should be looking at. Mr. Helder: You are talking about the old road. Ms. Griffin: I am talking about the old bridge, the new bridge, how it is going to impact for visuals and noise. Mr. Niermann: That was when I didn't quite complete responding to your question but in terms of what was happening here this is where the impact on, direct impact on, the road- is here. So this is (inaudible) which is here and then you can see all that distance up the road. Telephone poles are right here. So going out to right about here just shy of where (inaudible) is what would be completely demolished and occupied by the new bridge. The transitions end to that new bridge is basically going to be a guardrail into a replication into this guardrail and then on this side the existing guardrail with a new end piece would just be termhiating at the end of the bridge but the cormection between the two is just going to be a pedestrian foot so it would not be wide enough and I think it is at the Same grade right down to the elevation of the road (inaudible). And then the road 'itself remains as is. At the top, at the very top it makes that S loop so right around where you see the pavement ending there would be a cattle gate crossing the road. So it would be a locked access and that would be to allow the Department of eater trucks coming down the road for maintenance and otherwise would be blocked off. The setback just far enough so it doesn't become a parking spot just enough to pull in and unlock the gate and then access through and then at the top it is designed to Have a T intersection with the new Hoomana Road realignment. So that's another over view and more importantly to address your question about how is that going tie together. Ms. Sheehan: Yes so I was just asking whether the old road would turn or get skinnier and skinnier but it is going to size down until it hits the bridge and then it's just a walking /biking path. Mr. Nierrnaruz: Yes essentially it comes down where it meets the new alignment it's going to get cut off right there. So as soon as they go through some kind of gate more they will be more constrained by the guardrail not by the width of the road. When you go around that it would be November 1, 2012 K.H.P12.C. Meeting ... _..ates Page 18 the existing width of the bridge right about this far right here. So from that red side to that red side, it would be just blocked off with a guardrail. Ms. Sheehan: So I am just curious is the new road where you turn off is there going to be a light or is it just a side road that takes you off? Mr. Niermann: It won't be a lighted intersection. It would be a shelter lane for left turning and a shelter lane for. a left turn out to allow the traffic to continue to go on and it allow for turning in and out. Mr. Helder: Page 2. It defines ours as the L "thu'e Mill Bridge, the Hoomana Overpass Bridge, the Lzhu'e Public Cemetery, German Hill Historic District, and the Lihu'e Mill exclusively and then on the second page it says that the noise and the concerns of the resident's potential effects on historic neighborhood and working with the residents on noise. But ours mentions nothing about the road. It's not in' this project area for, under National Historic Preservation Act according to this letter. Ms. Sheehan: I am trying to find where you are David. Mr. Helder: Ok it is three pages in from the end. Mr. Niermann: I think the road is called Hoomana Overpass /Bridge, Mr. Helder: Yes it is on here and those are two structures which is what we� are dealing with but the road itself, as far as I know Kaumuali`i is not on historic roads. It hasn't been nominated and we are talking about a district that is off that road, the German district. We are talking about the two bridges, a cemetery and the mill but we are not, if we can't come in and adopt the road. Ms. Griffin: I don't think anybody is trying to do that. Mr. Helder: When we talk about mitigation, the noise, and all the impact, and the construction of the road and how that is going to down that isn't in out purview. Ms. Griffin: It's not the construction of Kaumuali`i we are talking about the overpass bridge and the new connection. Mr. Helder: The design is our purview, the construction and all that is not. We can get lost in this. Ms. Griffin: I think that the design of this bridges is because it's a replacement of two historic bridges and I might add two important historic bridges on the island and very unusual ones. Those are within our purview and when you talk about historic districts, number four here, German Hill Historic District how the road impacts that is also you la-low what I have asked for is to simply accept his information that we can take best on our further research and their coming back but I believe with my gavel that an historic district, heritage corridors, view planes and November 1, 2012 K.H.P.R.C. Meeting......,utes Page 19 landscapes are all within our purview for historic areas just as we spend several months looking at landscape and so forth for the Kokee region. Mr. Helder: Ok so this is a heritage corridor? That's what you just said? Ms. Griffin: I said I consider it. Mr. Helder: I know but is it listed as one? I mean that is what I am saying. Part of my point is that I don't think that we can. come in and just designate these things without it coming down. Ms. Griffin; Are you saying that you don't want to accept this for further study David? Mr. Helder: I can accept it but I don't think that this is in our kuleana. Mr. Wichman: In one way since we are inside of the heritage corridor the proposed impacts to the realignment of Hoomana Road does affect the historic character. They are under going mitigation right now in order to alleviate some of these impacts to this historical corridor. Mr. Helder: You are saying it is an historical corridor. It's been designated that? I understand... Ms. Griffin: It is eligible. An historic corridor is not a capital. H capital C like National Register is. Mr. Wichman: Eligible- for the National Register which sets up the basic flags but I understand that I think they are asking this commission's advice in the nature of the mitigation of the historical impact this realignment of this Hoomana Road is having. Which. again you know pushes us. out a little bit to the boundaries. I take this under advisement and I think being aware of what all the resident concerns are, it is important for me to know what the residents in the area are doing in the nature of mitigation to these historical impacts. In a way I am anxious to hear from residents. Ms. Griffin: Just before you, please have a seat, but we got a couple of issues. One is the bypass and the other is the mitigation efforts. Is that correct? Mr. Niermann: By bypass you mean the realignment? Ms. Griffin: Excuse me the realignment. I got stuck on the bypass this morning. A 20 minute trip took an hour and a half. So I am still sort of bypassing. So we still got two different issues. Is that correct? We have got the mitigation issue that you were talking about. Mr. Niermann: We were talking about the items like the noise, the vegetation, the road design, design related issues. I would like to speak to some of those in addition. November 1, 2012 K.H.P.R.C. Meeting ,....lutes Page 20 Ms. Griffin: 4k cause we went from noise and visual to mitigation to what was happening with bypass and I wanted to make sure that everybody was comfortable with the information we had on Hoomana Road and you more stuff for it. Stay right.there. Mr. Niermann: Real briefly. So the project and I would also like to put this context too, this isnt' to just force things along but to put context in too the 106 process the project underwent/completed in the year 2000 with the (inaudible) determination. So the project has been proceeding on that Basis. So the basis of no adverse effect /mitigation and the mitigation only addressed the (inaudible). So going back and I looked at these other properties so coming back into it now that the project is that much further along we are really kind of making a good faith effort to mitigate /addressing those concerns without having you know (inaudible) this is an element of historic district that is being impacted and the bridge we understand the road. As far as vegetation those become a little bit more murkier with respect to what is historic and what is not historic. So we go back to the period of significance when we are talking about 1930s when there was railroad going on here and how noisy was that or the other operation. What is the noise level, how big are the trees in the 1930s. What is historic and non - characteristic of the cherished neighborhood and we have not gone through.that analysis to do that. Mr. Wichman: I still think that the research is still a bit thin because there is no reference to this particular gulch crossing as orchid valley and also that the actual footprint of the Hawaiian. village Pua Loke, do not be confused by the subdivision, the village is in this sector right here. The old village. Mr. Niermann: I could fmd some of that space. Mr. Wichrnan: Yes so now we have different layers of footprint. My history doesn't start with plantations. Absolutely not, there are two distinct levels prior to the plantation that I think in the research. So naturally the approach is to Gen-nan Hill and all of that is of interest because it relates to the 1840s and earlier landscape. Ms. Griffin: And to further clarify across the country there are well practiced efforts and standards that have been developed with historic neighborhoods to protect the view. I don't think anybody would ask to replicate the trees that were there but it's a way of finding ways to protect an historic community and that's -not you know starting something here that it's a standard practice tb,at has been going on for a while in neighborhoods and areas around the country. So we are not threading, we don't have our machetes out going through unbroken ground here to be able to accept and hear ways to protect the community and understanding the complications that you have on what Federal Highways would accept as noise abatement and other mitigations. Some of that is outside of our purview arguably on noise but certainly the views and so forth I think stand with an historic community. Do you have anything else Jim? November 1, 2012 K.H.P.R.C. Meeting,.,...ntes Page 21 Mr. Nien -aann: There are some other details but I can wait and I will stay up here just to answer it. Ms. Griffin: Thank you are on. Ms. Annie MceveetY: Hi I a1n Annie Mceveety and this is my brother John and my husband Vic. Really I want to address because first of all the fact that you guys haven't seen photographs or are aware of these little rock walls surprises me because we have all seen photographs. We have been in the meetings about them. December 15th they break ground so you sit here and discuss about what can we say is fruitless because they have already come to us and told us. Can I show you a photograph? This Randy I have been trying to get a hold of you guys to just show you. That's how they tore down the trees to do their study on supposed graveyard. They walked in with bulldozer and knocked these trees down, just ripped them up without evening notifying us. Now I am not saying it was RM Towill, Keiwit, or DOT cause I don't know who it is. So I know Mr. Wichman was very concerned about that stuff. A chain link fence, a chain link fence is a solution so when you are driving out of Rice Street you look up and you are going to see a chain link fence. This is their solution for security and to keep our neighborhood historical. The bridge is historical. The highway bridge is historical.. The church is historical. Why doesn't the new road get affected and treated as an historical neighborhood. You guys are sitting here and they have already said they are puttingn a chain link fence and then just to address the sound. Look at the trees they dial the sound test after those trees were taken out. You know and now of course 200 feet of trees well I think that is 200 feet of trees but if it's 190 feet of tress that they tore out or whatever was done they do the test after. So guess what? They are just skimming by so here we are in a neighborhood that every single thing that we have been told for six months, which isn't even a long time to prepare ourselves for, you know all that stuff is dove to they break ground on December 15th you know and so it's super upsetting and we fight and we try but we don't have any support anywhere because no matter what I had �a list of 30 things, every single thing aside from the fact that maybe they will be able to save a palm tree or two and help something up there to be a little better so that*we don't see the chain link fence. You know it was the only that was in our favor in our historic neighborhood. This is German Hill you know and nobody is doing anything and now we are talking about two months and bulldozers go through and the sound the noise we are already figuring out if we can sell our property cause it's going to be so bad you know and that's all I have. It's just disturbing to sit here and look at this little painted pretty picture of B S. Mr. John Mceveet : I concur with everything Annie says. Vic and 1, and Annie we were neighbors and battle it all the time. What are we going to do, what are we going to do? There has been a lot of meetings and you know we get a lot of okie dokies. Okie dokie meaning we will address it and to Jim's credit he did increase the V cut so it's a little steeper so the road is not as wide. It doesn't encroach on the property. Thank you for doing that you know but as far as the sound goes there was a swatch of trees taken out to test for burial grounds and then the sound was tested after that so it's not a fair test. And I know that it is not really historical but it does impact these houses. These houses are very historical. November I, 20 J.2 K.H.P.R.C. Meeting ,....rates Page 22 I have personally restored home in Pasadena, California. That the Historical Society was on by back night and day taking pictures and it was beautiful. I learned a lot from and really respected the Historical Society. They were.fantastic. So I know a little bit about it and do know that these homes, especially the first two houses, our homes are historical. The date from the house that we moved in some concrete said 1909. The Building Department has 1941 or something because they didn't have permits in. 1909 or 06 whatever it was. Anyway when they did the sound testing, this does impact these homes, when they did the sound test they did it like they proposed. I was out of town but they didn't do the sound test inside one of the two houses or on the deck. The house is five feet high. The course is S feet high you have direct site. Now we have got a site that you can't even see the road and when they took out the swatch of trees the sound increased tenfold, seemed like tenfold, and the sound goes right up into the house. When I go outside and stand on the grass it's not as loud. In my house it's atrocious. So when all those trees are removed and it's just this clear shot right down to the highway it's going to be murder in there. It's going to be like on the H1 in Oahu. I invite everybody in this room to please, please come up to our property and walk through our homes and around the grounds and look at it. We don't have to be there. Jim has been up there 20 times but look at the property and look inside the houses and you tell me what you think this is going to be like. It is going to be bloody murder. Mr. Wichman: One of the recommendations we could. potentially make would be the planting of native vegetation. Would that do anything? Ms. Mceveety: That's not the plan. The plan is a V cut with grass. No irrigation. The V cut going up to Hoomana Road is going to be guinea grass. it's not going to be irrigated. It's going to be maximum ,year. So everybody is ok with that. Mr. Wichman: I am going to dance around the noise issue a little bit. That's why I want to stick to the native vegetation and the replanting of this particular area which would help at least put back that vegetation barrier but with the native sense and if we were to do a native orchard as orchard valley really was would that in any way be better than what we are today. Ms. Mceveety :.Anything that you do is going to be helpful for sure. There is many other departments. Obviously you can't solve all of our problems. I understand what you role is but... Mr. Wichman; I think within the native vegetation within this corridor would be an acceptable recommendation that we could make. Ms. Griffin: Jim would you talk a little bit further, you mentioned that the federal highways does not accept plantings as noise mitigation but they don't prohibit good willed government agencies from plantings. November 1, 2012 K.H.P.R.C. Meeting _ ..utes Page 23 Mr. Niermann. Essentially it would be snore on say a visual impact cause they wouldn't be able to rationalize plantings on the basis of noise but certainly on the basis of environmental impact. On the impact of removing vegetation and I know that, that's been and I don't know if the DOT has been talking to you already. I know that came up in the meetings. I know they Ray has had discussions with you outside of the meetings. Ms. McevLe�t: I have talked with Stanford a little bit today and you know but nobody has really addressed anything really. The only that has is you who has been honest really about what as far as Kiewet and RM Towill is concerned. Mr. Niermann: That's cause I am. kind of reckless and I put my foot... Ms. Mceveety: They have a job to do. That's what they are doing really and it's like I think Jim is a great guy. They just have a job to do and that's what they are really doing and we as a community we have a job to do and that's not to get in their way but to like the sound, the chain link fence you know I just see this... Mr. Vic Allen: Hi I am' Vic Allen, Annie's husband and John's (inaudible) brat going back to the native vegetation you know that would be on a good will which would be great. At the last meeting we brought up it was yourself who even asked, I can't believe the guy that's is overseeing, but you asked him if it would be possible, for a lava wall instead of a chain link fence and he said sure just like that and now we go to a meeting it's like chain link fence. There is no fences on German Hill. It's even in, if there were bylaws or rules there are no fences on German Hill. You can't put a fence on German Hill and now they are going to put a chain link fence. How does that fit in to an historical neighborhood? Do you remember that Randy? Mr. Wichman: I do. Mr. Allen: And so now it's a chain link fence. So I just wanted to... that's a side issue as far as historical sites. I just wanted to bring that up. Ms. Griffin: Thank you. Can we hear a little bit from the DOT on what your discussions might be right now with the visual mitigations? Mr. Stanford Iwamoto: Sure, Stanford Iwamoto, Highways. We have met with the residents several times and talked with Annie, Vic, and John. We have talked about possibly doing landscaping. We recognize there is a need for a barrier at the top of the slope be it a chain link fence of something but there is a need for something there and we have you know right now we are actually looking at the chain link fence at the edge with landscaping in the back of it. But there is a need for something substantial at the edge and basically we have talked with them and we continue to work with them in terms of native landscaping. You know and that something our landscape architect can look at and has looked at but really it should be realized that the slope next to the road is a one to one slope. So it's very steep. So it's not someplace we want to put trees and shrubs and things. When we get to the flat areas that is something we can look at. I really think you know at the slope itself it will basically be grass. November 1. 2012 K.H.P.R.C. Meeting. ..otes Page 24 Ms. Sheehan: How deep is it? It's one to one but will it be high? Mr. Iwamoto: It's 20 feet. Ms. Griffin. 25 to 30 feet. Mr. Niermann: Just to point out on this side is all fill and then right across this access road that connects that existing dirt road right here it's starts the cut. So the deepest point is probably right about here, 25 feet- deep and going... the design to get up this slope so many things that have been done to the design just in response those concerns to try to and I know in the face of talking about this kind of cut we are not (inaudible) to bring the road profile up so that it is basically less cut so it's steeper but less cut. The pavement width was narrowed and I think the standard is 24 feet wide so it's narrower. Is it 20? That's as low as it can go for emergency services that th ('; county can go. The concrete is the standard and there will be more grass swales to keep more vegetation.. Those were in response to try to minimize within what's considered the safe road design standards. Ms. Griffin: And how far is the roadway from the property form the historic property. Mr. Niermann: This house right here is the one that was previously was here, the one that_ was relocated. It's about 40 feet from the edge of the lanai. Ms. Griffin: Ok so from the edge of, it's that their property line? Mr. Nierinann: No the property line is right here. So from the edge of the property line is about around 20 feet from the property line to the edge of the lanai and from -that line down to the orange line (inaudible) to the top of the slope that needs to be protected with a fence /vegetation and at least some of the discussion with doing a vegetation plan. This is all owned by the State right now. When it gets transferred over to the County that orange line is going to be in the right of way of the top of the slope. I know there has been discussions about selling that to the Mceveetys but that's a whole separate discussion. Ms. Griffin: So Mr. Iwamoto this is like, this bride thing is like a 50 million dollar project-and so in terms of this mitigation what kind of budget is there to protect this historic properties? Mr. Iwamoto: I don't think there is a certain percentage that's been put a side. I think we will put whatever resources that we feel are necessary to mitigate. I can't tell you how much. Ms. Griffin: I ask because somewhere along the line when it comes into the possibilities and I know you all are new to this whole discussion on you know the impacts that happen and as Randy has said that this is an area with lots of layers of history. Certainly the one that we are dealing with now is the neighborhood and their will be impact no matter what. So that question on how do we maximize the softening. The protection of that historic area and it sound like... November 1, 2012 K.H.P.R.C. Meeting, ..,utes Page 25 i Mr. Iwamoto: You know I think we are willing to make a good faith effort towards doing whatever mitigation is necessary. Beyond what we are committed to right now, I don't know how much it would be necessary or what we would commit too. Ms. Griffin: Ok are there other questions? Ms. Aiu: I don't know if noise is our purview. Kind of like you I think we are walking on the edge here and I live in the valley too and I planted my own plants so I am thinking can you guys plant some of your own plants and trees by your chain link fence? We have a chain link fence also. But I just go out there and plat my stuff. I am just thinking you can help yourself like that too. Mr. Allen: I am a grower. We rented that land back from the State where they are going to put in the road through, and I had a nursery there so I have been growing just to plant. Ms. Aiu: Oh good you are prepared. Mr. Allen: I have been growing for two years just to plant that area but like you said it's a one to one so if you don't know what a one to one slop is it's about for every (inaudible). Ms. Aiu: I mean your place. I don't expect you to go down iza the valley although i like to do that. Mr. Allen: I had one more other question. You talk about the impact study, the EIS and somehow I don't really get it. I don't understand. I am not an attorney so I don't understand how an EIS is done but to my understanding I thought that they had statutes of limitations on the study. So you do a study back in 2000 and it is still good for 2013. So thirteen years later they are saying -that what impacted back then is now ok. So I don't understand that and I guess that was brought up and they oh well it's because they pushed the paper over here and we discussed this over here. So each year, each six months maybe if you discuss something it keeps it active. I don't know. So the impact study that you are going to look at is done 2000 not 2012. Mr. Niermann: Actually all of the studies that were done in 2000 were redone for the current generation of the project. So the EIS that was done was done for the whole Kaumuali`i Highway project which has continuously been ongoing since that EIS was completed. The FONSI was issued in 2000. So to continue this current segment we just reviewed flora, fauna, stream biology and aqua fauna. We did the. archeological inventory survey cultural impact assessment and so those are the main studies. We did the noise study, the traffic study. So all of this says is that the address was departmental concerns and the basis for the EONSI and have that redone on the basis for supporting that. They continue using the EIS. Mr. Allen: Do you have copies of the study, then newest one? Mr. Niermann: I have a copy of all the studies yes. We are going to compile it into one single report. November 1, 2012 K.H.P.R.C. Meeting .._.,lutes Page 26 Mr. Allen: Because my understanding when I talk to the guy who did the EIS who has since been fired. They said that... Ms. Mceveety: I don't think that he did the EIS. Mr. Allen: He was the one that carne up aid did the... Ms. Mceveety: He was the one that did the study of the graveyard. Mr. Junk: Commissioners I think just to dlarify the legality of the discussions that a recent case, the Kulima case outlines what you have to do to look at whether or not you need a supplemental EA or supplemental EIS for a project. In the Kulima case there is a 20 year time period. They looked up the time period as being significant but they also have to look at the significance of the change in the scope of project. So if they project doesn't change its scope or in relative time then it doesn't necessarily necessitate a supplemental or reviewed EA or EIS. In this case there is just an EA right and then the FONSI. So there wouldn't be a need for a supplemental EA but the agency that's dealing with looking at that document would have to do what is called a hard, look analysis and do their own determination on whether or not a supplemental should be done. I arm assuming that you probably did that documentation that suggests that hard look analysis was done and no supplemental EA w1hs necessary cause the project didn't change. So relative to time the courts are still unclear as to what that time period should be but you know it's up for a case by case analysis. So there is no specific statute of limitation but the court looked at 20 .years as being a significant amount of time. Ms. Griffin: Is there anyone else in the public that wants to speak to this issue? Well thank you all for coming. Is there a motion to accept... Mr. Helder: I do have one thing, as I recall from our seminars on 106 that the end result of the 106 process is a memorandum of agreement right? That's. it. At that point when you have the memorandum of agreement it's a done deal. They stated in this letter that the memorandum of f. agreement was already executed on this. Mr. Wiclunan: You mean (inaudible). Mr. Helder: Yes and it said that but they are passed the stage now on the EIS. Ms. Griffin: Jim do you want to speak on that? Mr. Niermann: Sure that is correct cause the MOA right now, like I said only addresses Lihu`e Mill Bridge. The other historic properties VJe are talking about today those are all part of the 106 process. Yes so it did move past. What we are doing right now is really a good faith effort to go above and beyond cause we have more 'detailed information. We are taking an additional hard November 1, 2012 K.H.P.R.C. Meeting utrs Page 27 look at historic properties and the other resources and the other natural resources as well. So on basis we do not open the MOA but we want to mitigate the impacts to historic properties that based on the information gathered need a second look. Wc-know that for instance structures in some cases are to demolish them completely. Either demolish or bury them but they will not be visible on the surface any longer. So we are starting from that point and other than that the real bag of it is on this historic data and where they fit in with the larger context of the function and start doing data recover is right now the recommended mitigation for that. But looking at those more closely that's the kind of additional effort that we are doing for the project right now on one side of the coin and I know this is not a safe thing to say of this company but I look at some of the features and I say it looks like scrap metal from back in the day and it does tell a story and it is important to understand where it fits into the picture balancing that with the need to move the project forward. I look at the rock wall and think that's pretty cool you know. That's like an architectural resource. You seen the railroad rail which is one of the features of this discovery that's neat because what was it attached to? You see it sticking out of the ground like you are just going to trip over it. Mr. Wichman: At this point it is SHPD's purview. Ms. Griffin: So may I have a motion to accept his presentation. Mr. Wichman: Yes, I would like to make a motion that we accept your presentation and take things under advisement and I would also like to stipulate the recommendations that you consider native plantings to the greatest extent possible. Nis. Griffin: Is there a second? Mr. Long: I have a comment. Ms. Griffin: I need to get a second or the motion will die. Ms. Sheehan: Second.. Ms. Griffin: Ok. Mr. Long: I just hear Randy talk about the native planting I also heard the public talk about a solid aesthetic barrier at the top of the slope and that will mitigate both visual and sound. So is that something that we could also ask the DOT to look at? Mr. Niermann: I can speak on the, I would keep sound out of the equation because to mitigate sound with a barrier. Mr. Wichman: Let's keep the wall within the view plane. Mr. Long: Visually and historically aesthetic. November 1, 2012 K.H.P.R.C. Meeting. _.rotes Page 28 Ms. Griffin: So, let's see, are you wanting to amend the motion? Mr. Wichman: Yes. Mr. Long: Yes. Ms. Griffin: Ok so state it again for me. Mr. Long: In addition to Randy's recommendation that native dense landscaping would also add to that, that a solid aesthetic barrier fence be erected at the top reviewed and approved by the neighborhood that was more historical and appropriate as a visual barrier. Ms. Griffin: Is there a second? Mr. Wichmman: Second. be installed I of the slope aesthetically Ms. Griffin: So it's been moved and seconded as an amendment to the original motion that a solid barrier and dense vegetation that's native preferably be utilized at the top of the hill to act as a barrier between the road and the neighborhood. Mr. Long: And one that has been reviewed and approved by the neighborhood. Mr. Wichman: Shan will get the language and the specifics to send. Ms. Griffin: Ok so we will vote on the amendment and then vote on the original motion. Is there any question about the amendement? Ms. Aiu: Yes. I can either recuse myself because I am not understanding exactly what it is. You said a solid, would you say that part in a sentence please. Mr. Long: My understanding is a the present DOT is... Ms. Aiu: Well I got that, you amendment. A solid... Mr. Long: Solid, aesthetically faced barrier. Ms. Aiu: So it could have a number of meanings. Mr. Long: Yes. One might be a lava rock wall. Mr. Wichi -nan: That interpretation is open with the residents and DOT at this point. Ms. Aiu: Then why do we even need to vote on it then? Let it be their kuleana. November 1, 2012 K.H.P.R.C. Meetiiig _ ..Autos Page 29 Ms. Griffin: We are giving a recommendation on a type of mitigation and that is an amendment to the plantings. Mr. Helder: Call the questions. Ms. Griffin: I want to make sure our co=issionor is comfortable. Ms. Aiu: I think I will just recuse myself from this one. Ms. Griffin: Ok any other questions or statement on the motion? All in favor? (Wickman, Helder, Gray, Long, Sheehan, and Griffin) Opposed? (None) and one abstention (Aiu). So now voting on the main motion with the amendment that there be mitigation effort with native plantings with the amendment attached to that. Questions? All in favor? (Wickman, Helder, Gray, Long, Sheehan, and Griffin) Opposed? (None). Thank you. So understanding that there is already work going on to work with the public that is a suggestion having been brought in this commission. Ms. Aiu: Can I just ask a question of the residents. Ms. Griffin: Certainly. Ms. Aiu: Where you live do you want something solid and you can't see? I am just asking you guys what you... Mr. Meeevty: I am not talking about an eight foot tall structure. They are talking about. a four foot chain link fence. I don't know why not a four foot tall you know I even suggested to find enough lava you know. I don't want to go searching for lava rock or nothing like that. They can even put a block wall and they have guys you have seen the buildings done where they make it look like lava. Ms. Aiu: So you would be satisfied with, is four feet enough for you guys for safety? Mr. Mceevty: I am not going to trip over it. You don't want an eight foot wall cause we are not addressing the sound right now right? Ms. Griffin: Thank you all so much and again do you want to announce the public meeting. Mr. Niermann: Yes so next Tuesday, November 6'h after you have gone to the voting booth at 2:30 and this is at the DOT Kauai district office. Stanford give them an address. Mr. Iwamoto: 1720 Haleukana Street, Puhi Industrial Park. Mr. Niermann: And there will be one meeting at 2:30 and an other at 6:00. November 1, 2012 KII.P.R.C. Meeting utes Page 30 Mr. Wichman: Subject )'Waiter? Mr. Niermann: It's 106 Historic Properties. The second meeting was the June 28`h meeting. That was the one we were saying design issues. So this one we are going to be talking historic properties what we have done with the process and so forth. Ms. Griffin: Thank you very much. Thanks to all of you. SELECTION OF NEXT MEETING DATE AND AGENDA TOPICS The next K.HPRC meeting was scheduled. on Thursday, December 6, 2012. ADJOURNMENT The meeting was adjourned at 4 :38 pan, y Submitted, U. Jimenez Seeretar Date: NO V 3 0 20 t NEIL AURCROMDIE OOVCRNOR OP RAWAII STATE OF HAWAII DEPARTMENT OF HAND AND NATURAL RESOURCES POST OFFICE BOX 621 HONOLULU, HAWAII 96809 September 20, 2012 Ms. Jody Galinato, Planner County of Kauai, Planning Department 4444 Rice Street, Suite A473 Lihue, Hawaii 96766 igalinatona-Kauai.dov Dear Ms. Galinato: WILLIAM J. AILA, JR. C14AIVM- SON DOARD OF LAND AND NATURAL Nd SOURCPS COMMISSION ON WATM RESOURCE MANAORMCNr PAUL J. CONRY RrrCRIM FIRST DLPUTY WILLIAM M. TAM DBPUTY DIArCTOR - WATER AQUATICRUOURCLS DOATMO AND C0 AN MCRYATION BUREAU OD CONVI;YANCB COMM65SION ON WATER RLSOURCC MANAOEMCNT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES LNPORCCMF.NT CROMEr:RINO rORESTRY AND W MDLIFC HISTORICPRESERVATION KANOOLAWG ISLAND RESERVECOMMISSION LAND STATE PARKS LOG NO: 2012.2094 DOC NO: 1209SL19 Archaeology SUBJECT: Chapter 6E -8 Historic Preservation keview- Class IV Zoning Permit Z -IV- 2013 -2, Use Permit U- 2013 -2, Special Management Area Use Permit SMA(U)- 20134, After the Fact Improyemonts Kahili Ahupua`a, Koolau District, Island of Kauai TMK: (4) 5 -2- 021:006 Thank you for requesting comments on the After- the -Fact improvements on TMK: (4) 5-2-021:06, which included construction of a concrete retaining wall, drainage sump, and extension of the concrete driveways. The subject property is Unit 5, Maria Mele Condor'hinium project and involves about 16.75 acres. It is located within the SLUC Agricultural District, the CZO Open District and the Special Treatment/R.esource District, as well as the North Shore Development Plan Area. The application was submitted to "rectify the outstanding, unresolved violations, and to legitimize the improvements that were constructed, not by Applicant, but by the former owner." These activities occurred in November and December 2007. The applicant did not engage in any of the activities that resulted in the violations and seeks the Planning Commission to issue permits to legitimize these development activities (i.e., "after- the - fact" permits). A review of our records indicate an archaeological inventory survey (AIS) was conducted in 1997 on TMI{.: (4) 5 -2- 021:006, and three historic properties were identified: SIHP 50 -30 -04 -632 (agricultural site), 633 (possible burial), and 1993 (agricultural site). No further work was recommended for Site 632. Site 1993 was to be preserved "as is" and Site 63� was to be preserved "in place." SHPD reviewed and approved the AIS report (Burgett et al. 2000) on February 14, 2000 and requested preservaTion plans for sites 1993 and 633 (Log No. 24878, Doc. No. 0002RC12). Our office received notification on June 15, 2003 of grading and potential SMA violations. The subsequent findings indicated that Features 20 and 21 at Site 632 were "presumed destroyed by grading and clearing work." SIIPD staff, Nancy McMahon, conducted an archaeological assessnent and prepared the following report: Archaeological Assessment Report on Damages to Historic Sites on TMK: 4 -5 -2 -21:7 unit 4 and 5 and 4- 5 -21 -6 unit 5 (Augdst 8, 2003). Damages were assessed against the owner for these violations (Log. No. 2003.2104, Doc, No. 0309NM31). SHPD requests an archaeological assessment be conducted to determine whether the violations that occurred in November and December 2007 had an adverse affect to historic properties, and if so, to assess the nature and extent of the damage and to develop mitigation measures to protect the historic properties on T19K: (4) 5-2-021:006, unit 5, from further and/or future damage. In addition, SHPD requests this archaeological assessment be conducted prior to the Planning Commission issuing any "after -the- fact" permits or any SMA or Class IV Use permits for proposed future improvements, grubbing, grading, or similar activities. 0 E, C 0 6 2012 Ms. Galinato September 20, 2012 Page 2 Please contact Susan A. Lebo at (808) 6924019 or Susan. A.Lebo(ir?,hawaii.Qov if you have any questions or concerns regarding this letter. AIoha, C` for Dr. Aiu Puaalaokalani D. Aiu, Ph.D. Administrator, State Historic Preservation Division NEIL ABERCROMBIE GOVERNOR OF HAWAII November 9, 2012 STATE OF+HAWAII DEPARTMENT OF LANK AND NATURAL RESOURCES { POST OFFICE BOX 621 HONOLULU, HAWAII 96809 Hallatt Hammatt, PhD Cultural Surveys Hawaii, Inc. P.O, Box 1114 Kailua, Hawaii 96734 hhammatt@culturalsurvgys.com S Dear Dr. Hammatt: WILLIAM J, AILA, ]R CHADIPWON BOARD OF LAM] AND NATUIIAL RESOURCES LVMMISSION ON WATFR RESOURCE MANAGINENT WILLIAM M. TAM Oi7'UTY DIRT CIOR. WATM AQUA17C RESOURCES BOATING AND CCW RECREATION BUREAU OP CONVEYANM COMMISSION ON WATER RESOURLLMANAMWT 'CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES EK ORCP4tNT FORESTAY AND WQDLDT I IISTORIC PRESERVATION iW[OOLAWE ISLAND RESERVE COMMISSION LAND STATE PARRS LOG NO: 20123163 DOC NO: 1211SL10 Archaeology SUBJECT: Chapter 6E *42 Historic Preservation Review — Archaeological Field Inspection and )Letter Report for Class IV Zoning Permit Z-IV- 2013 -2, Use Permit U- 2013 =2, Special Management Area Use Permit SMA(U)40134, After the Fact Improvements Kahili Ahupua`a, Koolau District, Island of Kaua °i Thank you for the opportunity to review the document titled Field Inspection and Letter Report for After - the -Fact permitting process related to the Smith Parcel in Kahili Ahupua'a, Kaua'l (TMK.• (4) 5 -2 -021 :0061 (Kamai, November 2012). SHPIj requested this field archaeological assessment be conducted to determine whether the violations by a former owner in November and December 2007 had an adverse affect to historic properties, and if so, to assess the nature and extent of the damage and to develop mitigation measures to protect the properties from further and/or future damage (September 20, 2012; Log No. 2012,2094, Doc. No. 1209SL19). We also requested this archaeological inspection occur prior to the Planning Commission issuing any "after -the- fact" permits or any SMA or Class IV Use permits for proposed future improvements, grubbing, grading, or §imilar activities. The subject property is Unit 5 within the Maria Mele Condominium project and consists of about 16.75 acres. The former owner's violations included construction of a concrete retaining wall, drainage sump, and extension of the concrete driveways. The field archaeological assessment indicates that the violations had no adverse effect on historic properties (Sites 50.03 -04 -632, 633, and 1993). The retaining wall and drainage sump occur in areas away from the historic properties, while the concrete driveways occur within the areas previously disturbed by an earlier violation in 2003. In addition, the field assessment identified no slumping, erosion, or other secondary adverse impacts to the historic properties. Mitigation measures still need to be provided as part of the assessment requested by SHPD (September 20, 2012; Log No, 2012.2094, Doc. No. 1209SL19). The archaeological inventory survey report which includes this subject property (Burgett et al. 1998) was reviewed and approved by SHPD on February 14, 2000 (Log No. 24878, Doc, No, 0002RC12). The recorp.Tendations state that Site 1993 should be preserved and that a preservation plan should be prepared for ,review and approval by SHPD. A burial treatment plan was recommended for Site 633. The report indicates that the owner's intent was to build a small platform to delineate and preserve the burial areal. The mitigation measures should.indicate that these preservation plans be developed and submitted to SHPD for approval, and what other mitigation measures are recommended, if any, to prevent these two historic properties from future damage. We have included an attachment that identifies the issues acceptance of this field archaeological assessment pursuant 1. in rapid review of the subsequent revision please include document and their page numbers. Please contact Susan A. you have any questions or concerns regarding this letter. and concerns that are in to Hawaii Administrative a cover lettet that specil ',.ebo at (808) 692 -8019 or need of revision prior to the Rule §13- 284- 5(b)(2). To aid ies the changes made to this Susan„�A.Lebo @hawaii,g_ov if M DEC Q6 *2012 { a Hallatt Hammatt November 2012 Page 2 Administrator cc: Brian Smith, bi,iattsin @microsoft.com; Judy Galinato, jg_alinato @kauai.gov Attachment Field Inspection and Letter Repo rtfo rAfter- the -Fact permitting process related to the Smith Parcel in Kahili Ahupua`a, Kaua'1[TMK.• (4) 5- 2- 021:006] (Kamai, November 2012). General (1) Revise (page 1) 1" paragraph to state "The Smith parcel is identified as Unit 5, Mana Mele Condominium Project (Mete CPR). The Mele CPR is a condominium property regime of Lot 6 (TMK: (4) 5 -2- 021:006). The Smith property consists of about 16.75." (2) Revise Figures 1 and 2 to (1) be 11x17 fold outs so they are read4ple, (2) clearly show in red the boundary of the Smith's Unit 5 property, (3) include a typed label for "Project Area," and appropriate features. (3) Revise (page 2) 1" paragraph to insert the following: "...concrete driveways (see Figur& ?,.). The locations of these violations relative to the two documented historic properties (Sites 50 -03 -04 -632 and 633) are shown in Figure 3." [use attached figure from AIS report to show that violations did not impact these historic properties]. (4) Revise (page 2) discussion of drainage sump into single paragraph and indicate "The drainage sump area is located about 2m east of the retaining wall and is defined by a rectangular border of cement hollow file blocks (see Figure 4). This rectangular block border measures 3.25m in length. by 1.2m in width by 1.2m in depth. The retaining wall and the drainage sump are located on a moderately steep slope on the west side of the property at some distance frgm the historic properties (see New Figure)." (5) Revise (page 2) 4`h paragraph to state "The concrete. 0 ..Figure 5). About 90% of this slab road consists of a single vehiele -wide section, while about 10% is ponstructed as two parallel slab tracks. The contract slab road starts at the northern end of the property, ..." (6) Revise (page 2) conclusion 'to state "....were reported in 2007. In addition, these violations have not resulted in any slumping or erosion damage." (7) Revise (page 2) to insert a Mitigation Measures [as stipulated in SHPD letter and as stated in I" paragraph of "background" section]. SHIRAMIZU LOO & NAKAMURA, LLLP LAUREL LOO 4806 -0 4357 Rice Street, Suite 201 Lihue, Kauai, Hawaii 96766 Telephone: (808) 632 -2267 Facsimile: (808) 440 -0399 Attorneys for Applicants OLEGARIO RIVERA and ANNE E. RIVERA BEFORE THE PLANNING COMMISSION OF THE COUNTY OF KAUAI In the Matter of the Application of OLEGARIO RIVERA and ANNE E. RIVERA FOR a Use Permit and Class IV Zoning Permit for a portion of real property known as Lot 20 of Koloa Tract located at Koloa, Kauai, Hawaii, identified by Tax Key No. (4) 2 -8 -008 -019 and containing an area of 4,367 square feet, more or less. USE PERMIT NO. CLASS IV ZONING PERMIT NO, APPLICATION; EXHIBIT LIST; EXHIBITS "A" — "E" APPLICATION COMES NOW OLEGARIO "OLIE" RIVERA and ANNE E. RIVERA, the Applicants in the above - captioned proceedings, by and through its undersigned attorneys, and hereby submit the following Application: SECTION 1. APPLICANT /SUBJECT PROPERTY /OWNER, 1.1 Applicant. The Applicants are OLEGARIO "OLIE" RIVERA and ANNE E. RIVERA. The Applicants have authorized Shiramizu Loo & Nakamura, LLLP, to file this Application pursuant to the Authorization attached hereto as Exhibit "A ". 1.2 Subject Property. The property which is the subject matter of this Application ( "Subject Property ") is described as Lot 20 of Koloa Tract at Koloa, Kauai, Hawaii, identified by Tax Key No. (4) 2- 8- 008 -019. The Subject Property is shown on the copy of the tax plat map attached hereto as Exhibit "B ". The Subject Property contains approximately 4,367 square feet, or .1009 acres. 13 Ownership,. Applicants are the owners of the Subject Property, SECTION 2, LOCATION AND LAND USE DESIGNATIONS OF PROPERTY. 2.1 Location, The Subject Property is located at Koloa, Kauai, with direct access to Weliweli Road, as shown on Exhibit "B" and B -1" 2.2 Land Use Designations. The respective State Land Use Commission ( "SLUG "), Kaua'i General Plan, County of Kauai Comprehensive Zoning Ordinance ("CZO"), and other relevant land use designations for the Subject Property are described as follows: District. a. SLUC. The Subject Property is located within the SLUC Urban b. Kaua'i General Plan. The Subject Property is located in the Kaua'i General Plan Residential Community designation. (C -G) District. c. CZO. The Subject Property is located in the CZO General Commeral d. Special Treatment Zone. The Subject Property is designated Special Treatment Cultural- Historic (ST -C). e. Violations. There are no existing violations of any land use laws or regulations on the Subject Property. f. Subdivision S- 2007 -33. Land Use Conditions. The Subject Property was created in SECTION 3, DESCRIPTION OF EXISTING USES ON THE SUBJECT PROPERTY. 3.1 Existing Improvements. The Subject Property is generally vacant land. As shown on Exhibit B -1, an aerial photo which is several years old, there are no structures on the land. Since the aerial photograph has been taken, however, the Applicant with a building permit has paved a portion of the property to accommodate parking for the neighboring lot. Applicant also owns fhe neighboring lot, parcel 43 on Exhibit B, which houses Applicant's business Kauai ATV. SECTION 4, PROPOSED PERMITTED USE OF THE SUBJECT PROPERTY, 4.1 Proposed Permitted Use. The Applicant proposes that it be permitted to build a small storage shed on the parcel to store personal items. The proposed plans are attached as Exhibit "C." 4.2 Access and Parking. Access to the Subject Property from Weliweli Road, over a several -foot -wide remnant piece (lot 40 as depicted on Exhibit B, and also owned by the Applicant. SECTION 5, NATURAL ENVIRONMENT a. General Description. The Subject Property is located within an area that had been historically used as a residential neighborhood. Because of the close proximity to Koloa Road, over the past years the area has slowly grown into a mixed -use, residential and commercial area. The Subject Parcel is sandwiched between nearby Koloa Neighborhood Center and nearby Sueoka Store and the shops located fronting Koloa Road, SECTION 6, PERMITS REQUESTED AND REQUIRED. 6.1 Use Permit. The proposed use of the Subject Property will take place within the Special Treatment District, Cultural /Historic (ST -C.) The CZO describes the ST -C at Section 8- 9.2 (a) (2) as "[c]ommunities and land or water areas which have a particular and unique value to the general public because of significant historic background, structures, or land forms." Pursuant to Section 8 -9.3 of the CZO, "all uses, structures, or development shall require a Use Permit . . . ." (underline added). Article 20. The standards for the issuance of use permits are contained in CZO Chapter 8, 6.2 Class IV Zoning Permit. The proposed use of the Subject Property requires the issuance of a Class IV Zoning Permit as a condition of the Use Permit approval. See, CZO Sections 8- 7.7(4), 8 -8.7, and 8 -19.61 SECTION 7, USE PERMIT /CLASS IV ZONING PERMIT CONSIDERATIONS. 7.1 Use Permit. The Applicant is applying for a Use Permit pursuant to CZO Chapter 8, Article 20, and CZO Sections 8 -9.2 (a) (2) and 8-9.3 The permit is forthe placement of small storage sheds for personal items, which is depicted in Exhibit C -1. The three - dimensional depiction of the storage sheds is attached as Exhibit C -21 7.2 Compatibility With Surrounding Uses. The Subject Property is surrounded by vacant land, residential uses, and commercial uses. The storage sheds are small, inobtrusive, and will not interfere with the enjoyment of nearby properties. The architectural style of the storage sheds is in the Hawaiian Plantation style, and is meant to blend in with nearby buildings in Koloa Town. It will be painted in earthen tones. 73 Compliance with CZO Use Permit Standards. The proposed use on the Subject Property is in compliance with the standards for Use Permits as contained in CZO Section 8- 20.5(a) in that the Development will be: a. a compatible use; b, not detrimental to health of persons residing or working in the neighborhood; G. not detrimental to safety of persons residing or working in the neighborhood; d, not detrimental to peace of persons residing or working in the neighborhood; the neighborhood; e. f working in the neighborhood; the neighborhood; 9• h, il not detrimental to morals of persons residing or working in not detrimental to comfort and general welfare of persons residing or not detrimental or injurious to property or improvements in not detrimental to the general welfare of the community; not a cause of substantial harmful environmental consequences to the Subject Property, or to other lands or waters, j. not inconsistent with the intent of the CZO (Chapter 8, KCC); and k, not inconsistent with the General Plan. 80 Compliance with CZO Class IV Zoning Permit Standards, The Applicant has complied with the procedural provisions for a Class IV Zoning Permit by its filing and processing of this Application. SECTION 8, CONCLUSION. The Applicant respectfully requests that the Planning Commission of the County of Kauai: grant the Applicant's request for a Use Permit and a Class IV Zoning Permit for the proposed use. DATED: Lihue, Kauai, Hawaii, :2 1 r ;�v tz m/ LAUREL LOO Attorney for Applicant r15 � LAUREL LOO Attorney for Applicant EXHIBIT LIST (OLEGARIO AND ANNE E. RIVERA APPLICATION EXHIBITS "A" - "E") EXHIBIT DESCRIPTION A Authorization B Tax Map B -1 Aerial Photograph C and C -1 Proposed Structures D View Toward Proposed Location E View from Proposed Location Looking Mauka Michael Dahilig, Planning Director 4444 Rice Street Lihue, fH 96766 August 20, 2012 Re. OLEGARIO RIVERA and ANNE E. RIVERA FOR a Use Permit and Class IV Zoning Permit for a portion of real property known as Lot 20 of Koloa Tract located at Koloa, Kauai, Hawaii, identified by Tax Key No. (4) 2 -&O M019 and containing an area of 4,367 square feet, more or less. This authorizes Shiramizu Loo &Nakamura , LLLP to make application and obtain all necessary permits and approvals for the above- wferenced parcel. EXHIBIT "A`• CAfilc� ,t SEP 19 '938 SEP Y 1 4s Yr. AS • ^T¢ 06 PLAr .1 •. o o.a > jeoo° CA, tia C g) zoy. a 34 ti O �• 1 PLAr fJ`�a 1 ssei] ,amYar r- t+v � ro. S ,t.,f lih � h°1 a � �^ J!* � 1rr0� '. ('!_�.�r! C'l 32 f•Q'pl�f� G ISO 78 30 9,g0•f� 1pifeu q, 0# a 29 � ° NA tq 4 wGi(�d V E�18 28 R°'A 0 �. M�,llb:M! 19 4211 A Ki5 r e 0 �uv2 �� rc�pr•J .1yo �' 6tQg� Tau"tSet�,YO1 +� 1e Y Fa�w d' iarm Sar 23 24 a of c (pey rxac �ie ¢ gf6Ne�R��pe 1 t1t. 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I � O } f T � - Y ,-1 'u Eg gpy3gQs 4.R.`RY Q Aq�R -F •QF: iQ,7R > ,Rm ti Ae CtryAilo werv..+l m. T_E L Y Q €:E� °dbQ Y YA QF _ 7TNC'.laJ 2$8� n9 U 9�C r IUEL IWEL I RID. I I F I 1ao� : s f a D i i w f i m f 1 0. A I i I I E i t I 6 i ! I I i I ! I � } f T + T - Y ,-1 Eg gpy3gQs 4.R.`RY Q Aq�R -F •QF: iQ,7R > ,Rm ti Ae CtryAilo werv..+l m. T_E L Y Q €:E� °dbQ Y YA QF _ 7TNC'.laJ 2$8� n9 U 9�C IUEL IWEL I RID. I I F I 1ao� : s f a D i i w f i m f 1 0. A I i I I E i t I 6 i ! I I i I ! I � EXHIBIT ` "C" C RM d e s i en + construction N.MAA{a�A16e.gn MaCd+fWCM1m 9m� tio: Bc XA99 ^ nee " "'U llhu'a Hxwe99G160 www.atl9algnconewc @en.e9m R6:008.2a6.a050 Fx:E0E240.1091 ° ^,� �6 t •QRie646- 4 Rl =SSt Fet ?i Kauai Atv Storage ,-1 Eg gpy3gQs 4.R.`RY Q Aq�R -F •QF: iQ,7R > ,Rm ti Ae CtryAilo werv..+l m. T_E L Y Q €:E� °dbQ Y YA QF i 7TNC'.laJ 2$8� n9 9�C EXHIBIT ` "C" C RM d e s i en + construction N.MAA{a�A16e.gn MaCd+fWCM1m 9m� tio: Bc XA99 ^ nee " "'U llhu'a Hxwe99G160 www.atl9algnconewc @en.e9m R6:008.2a6.a050 Fx:E0E240.1091 N. Mme) . . . . . . . . . . . . fio All. e 0'. . . . . . . . . . . 71 e4w • I a BELLES GRAHAM PROUDFOOT WILSON & CHUN, LLP LORNA A. NISHIMITSU 2291 -0 4334 Rice Street, Suite 202 Lihue, Kauai, Hawaii 96766 Telephone: (808) 2454705 Facsimile: (808) 245 -3277 Attorneys for Applicants LAUREL NICOLE SPELLMAN SMITH and BRIAN JOHN SMITH BEFORE THE PLANNING COMMISSION OF THE COUNTY OF KAUAI In The Matter Of The Application Of LAUREL NICOLE SPELLMAN SMITH and BRIAN JOHN SMITH, for a Special Management Area Use Permit, a Use Permit, and a Class IV Zoning Permit for real property situated at Kahili, Kilauea, Kauai, Hawaii, identified by Tax Key No (4) 5 -2- 021:006 (CPR No. 5). SPECIAL MANAGEMENT AREA USE PERMIT SMA, USE PERMIT AND CLASS IV ZONING PERMIT APPLICATION; EXHIBITS "A" -- "P„ SPECIAL MANAGEMENT AREA USE PERMIT, USE PERMIT AND CLASS IV ZONING PERMIT { W:\DOCS\27914\1 \W0122559.DOC) DEC 0 6 2012 TABLE OF CONTENTS SECTION 1, APPLICANT /SUBJECT PROPERTY /OWNERS . ..............................1 101 Applicant....*,* #$#Ott III Von ... 6*'o... 1,2 Subject Property ........................:............................. ..............................1 a. Unit 5, Mana Mele Condominium Project ........ ........................ ......1 1.3 Ownership ............................................................... ..............................1 a. Unit 5, Mana Mele Condominium Project..... . . . . . . a 9 1 b 4 , q a 0 9 w f t 0 a 6 f w R I I a 1 0 1 SECTION 2. LOCATION AND LAND USE DESIGNATIONS OF PROPERTY ,.2 2.1 Location .......:.......................................................... ..............................2 2.2 Land Use Designations ........................................... ..............................2 a. SLUC ................................:.....,.........,...,.,.......... ........................,..,..2 b. Kauai General Plan ........................................... ..............................2 c. CZO ................................................................... ..............................2 d. Development Plan Area.. 9 9 .... e. Special Management Area ................................. ..............:...............3 f, Violations .......................................................... ..............................3 g. Unit 5, Lot 6 Use Conditions ..................... . ... .............,................4 W CZO Zoning Permit ............................... ........:.....................4 (ii) Subdivision ....................................................... ..............................4 h. Subdivision S- 79402 ....................................... ..............................4 i, SMA Permit ...................................................... ..............................4 SECTION 3. PROPOSED USE OF SUBJECT PROPERTY ...... ..............................4 3.1 Proposed Uses ......................................................... ..................:...........4 SECTION 4. DESCRIPTION OF SUBJECT PROPERTY AND IDENTIFICATION OF SURROUNDING LANDS .............................7 4.1 Adjacent Property ................:.................................. ..............................7 42 Natural Envixoriment ............................................... ..............................7 a. General Description .......................................... ..............................7 b. Soils .................................................................. ..............................7 c. Rainfall .............................................................. ..............................8 d. Botanical Resources .......................................... ..............................8 e. Tsunami PIazaxd .............................................. ............................... .8 4.3 Present Uses And Built Environment ..................... ..............................8 494 Potential Future Uses .............................................. ..............................9 SECTION 5. PERMITS REQUESTED AND REQUIRED ..0 .4 0 ... ....0 .........................9 5.1 SMA Use Permit ..................................................... ..............................9 5.2 Use Permit ................................................................ .............................10 5.3 Class IV Zoning Permit ............................................ .............................10 {W:\D008\27914 \1\W0122559,D0C) -i- SECTION 6. IMPACTS OF DEVELOPMENT, 60 1 a d * 0 4 W 0 a as 9 a * a 0 0 0 a m * 0 V I I I I 1 6 0 #44 0 a , a V . . . * * * 1 0 661 Botanical Resources and Wildlife ............................ .............................10 a. General Site Description........ 0 a a a R 6 & 0 a 4 a * I a 1 6 0 a 4 a * * t o I , 4 m a , 0 a 6 6 a , 0 , 1 9 1 1 1 1 0 b. Mammalian Resources ....................................... .....:.......................11 c. Avian Resources ................................................ .............................11 d. Botanical Resources.,,.. popes postal I e. Potential Impacts to Protected Species .............. .............................11 f Conclusions Re: Botanical Resources ............... .............................12 642 Historical Resources ................................................ .............................12 63 Air Quality / Noise .........................::.......................... .............................12 6A Flooding and Drainage, a 4 1 1 6 m * 0 a 0 1 1 4 1 . . . 4 0 a 1 6 0 4 0 a v p a 0 1 a m a 6.5 Utilities ................................................................... .............................13 a. Potable Water ................................;.................... .............................13 b. Agricultural Water ............................................. .............................13 c. Electric/ Communications ................................... .............................13 6.6 Wastewater Treatment and Disposal ........................ .............................14 63 Solid Waste Disposal ............................................... .............................14 6.8 Governmental Services ...........:................ ............. .............................14 a. Fire and Police Services...................... b. Schools .........................;............................,........ .............................14 6.9 Economics ................................................................ .............................14 a. Jobs ................................................................... .............................14 b. Housing .............................................................. .............................14 C& Property Values, a 0 $ W * 0 9 0 4 * a I I I & D 1 0 0 a 0 0 q a 15 6.10 Population ................................................................ .............................15 6.11 Traffic Circulation ................................................... .............................15 6.12s Heritage Resources .................................................. .............................15 SECTION 7. SLUC CONSIDERATIONS .................................... .............................16 7.1 SLUC Agricultural District ...................................... .............................1b 7.2 Development's Compliance with SLUC Agricultural District Standards ..................................................... .............................17 SECTION 8. GENERAL PLAN CONSIDERATIONS ................ .............................17 8.1 Kauai General Plan Land Use Designation ............. .............................17 8.2 Development's Compliance with Kauai General Plan Standards.........19 SECTION 9. CZO OPEN DISTRICT CONSIDERATIONS ........ .............................20 9.1 CZO Open District ................................................... .............................20 9.2 Development's Compliance with CZO Open District Standards ....."...22 SECTION 10. SPECIAL TREATMENT DISTRICT CONSIDERATIONS**. o1$o*m14W1123 1061 Special Treatment District ....................................... .............................23 10.2 Uses.......................................................................... .............................23 {WAD0CS127914111W0122559.D0C} -11- 103 Confirmation Letter .................................................. .............................23 10.4 Plans 23 10.5 Compatibility With Surrounding Uses ...:................. .............................24 10.6 Development's Compliance with Special Treatment District Standards ..................................................... ...........:.................24 10.7 Development's Compliance with CZO Use Permit Standards. poll, "t" 00425 1048 Development's Compliance with CZO Class IV Zoning PermitStandards ....................................:................. .............................26 SECTION 11. NORTH SHORE DEVELOPMENT PLAN CONSIDERATIONS .....26 1141 Development Plan Goals and Objectives ................. .............................26 11.2 Development's Compliance with Development Plan Standards, *27 SECTION 12. SMA CONSIDERATIONS ..................................... .............................27 1291 Recreational Resources ............................................ .............................27 12.2 Historic Resources ................................................... .............................28 123 Scenic and Open Space Resources......,......... . . . . 4 4 9 , V 0 * 0 0 0 8 12.4 Coastal Ecosystems.................................................. .............................28 12.5 Economic Uses......................................................... .......:.....................28 12.6 Coastal Hazards .................................:..................... .............................28 12.7 Managing Development/Public Participation.......,......... ..... 1248 Value of Developrrient ............................................. :............................29 12.9 Compatibility With Surrounding Uses ..................... .............................29 12.:10 Development's Impacts Within SMA ...................... .............................29 12,11 Development's Compliance with SMA Standards.... a...30 SECTION 13. HRS CHAPTER 343 (ENVIRONMENTAL IMPACT STATEMENTS) CONSIDERATIONS ................... .............................31 1341 HRS Chapter 343 ..................................................... .............................31 SECTION 14, NATIVE HAWAIIAN ISSUES ............................... ................:............32 14.1 Development's Impacts on Traditional or Cultural Practices ................32 SECTION159 CONCLUSION........................................................ .............................33 {W:\D0CS\27914 \1 \W0122559.D0C} -Ill- APPLICATIOI\i COME NOW LAUREL NICOLE SPELLMAN SMITH and BRIAN JOHN SMITH (collectively "Applicant "), Applicant in the above - captioned proceedings, by and through their undersigned attorneys, and hereby submit the following Application: SECTION 1. APPLICANT /SUBJECT PROPERTY /OWNERS. 1.1 Applicant. The Applicant is LAUREL NICLOLE SPELLMAN SMITH and BRIAN JOHN SMITH, who have authorized Lorna A. Nishimitsu, of Belles Graham Proudfoot Wilson & Chun, LLP, to file this Application pursuant to the Applicant's Authorization attached hereto as Exhibit "A" 1.2 Subject Property. The property which is the subject matter of this Application ( "Subject Property") is described as follows: a. Unit 5 Mana Mele Condominium Project. The Mana Mele Condominium Project is a condominium property regime of Lot 6, being a parcel of land located at Kahili, Kilauea, Kauai, Hawaii, identified by Tax Key No. (4) 5 -2- 021:006. Unit 5 of the Mana Mele CPR is the subject property, a legal description of which is contained in the Warranty Apartment Deed dated December 14, 2011, by which Applicant acquired the Property, and is attached hereto as Exhibit "B" Unit Ts Limited common element contains 16.76 acres, more or less. 13 Ownership. a. Unit 5, Mana Mele Condominium Project. The Applicant is the owner of Unit 5, as shown in the Warranty Apartment Deed attached hereto as Exhibit "B ". {W ADOCS\27914 \1 \W0122559.DOC) SECTION 2. LOCATION AND LAND USE DESIGNATIONS OF PROPERTY. 261 Location. The Subject Property is located at Kahili, Kilauea, Kauai, Hawaii, and is shown on the Location Map, attached hereto as Exhibit "C ", and on the Tax Map attached hereto as Exhibit "D 242 Land Use Designations. The respective State Land Use Commission. ( "SLUC "), Kaua'i General Plan, County of Kauai Comprehensive Zoning Ordinance ( "CZO "), and other relevant land use designations for the Subject Property are as follows: a. SLUC. The Subject Property is located in the SLUC Agricultural District. The Subject Property has been located In the SLUC Agricultural District since the inception of the SLUC Districts. b. Kauai General Plan. The Subject Property is located in the Kauai General Plan Open Land Use Designation, The Subject Property has been consistently located in an Open designation or classification under prior General Plans. C, CZO. The Subject Property is located in the CZO Open District and Special Treatment/Resource District. The Subject Property has been located in the CZO Open District since the adoption of the CZO. The Subject Property was placed in the Special Treatment District as part of the North. Shore Development Plan Update (Ordinance loo. 476, adopted June 27, 1985). The maximum dwelling unit density for Unit 5 is one (1) single-family dwelling. d. Development Plan Area. The Subject Property is located within the North Shore Development Plan Area. The Subjwt Property has always been located within the North Shore Development Plan Area since the original adoption of the North Shore Development Plan (December 27, 1974) {WAD0CS127914U\W0122559.D0C} -2- e. Special Management Area. The Subject Property is located within the Special Management Area ( "SMA ") of the County of Kauai. The Subject Property has been located within the SMA since the adoption ofthe SMA Rules (December 17,1979). The Subject Property is not located along the Shoreline or the Shoreline Setback Area as defined in HRS Chapter 205A, Part III. f. Violations. There is an- existing notice of violation which was issued by the Planning Department of the County of Kauai ( "Department "), by letter dated June 27, 2008, a copy of which is attached hereto and incorporated herewith as Exhibit "E ". The Applicant's predecessor in interest had been engaging in agricultural activities (farming), and access to various parts of the property became essential to do the farming. The terrain and ground conditions make safe access to all points of the property difficult, and at some times, impossible. Applicant's predecessor in interest had a contractor erect a concrete masonry retaining wall and a drainage sump, and extended some existing concrete driveways over and across compacted and graveled driveways, to enable the planting, tending and harvesting that is critical to getting access to all farmable portions of the property. Applicant's predecessor in interest was apparently under the mistaken impression that because the access was essential to establishing and expanding the agricultural use, the improvements were components that were linked to the agricultural use, and therefore permitted without the need to secure permits. There was a previous violation by a former owner of the property involving grading without necessary permits and damage to archaeological features, which were resolved to the satisfaction of the Planning Department and the State Historic Preservation Division. Some of that prior grading activities, subsequently rectified, established the internal driveways within and throughout the property. (W :\DOCS12 7 9 1 4111W0122559.DOC) -3- This Application is submitted to rectify the outstanding, unresolved violations, and to legitimize the improvements that were constructed, not by Applicant, but by the former owner. It is important to reiterate that Applicant did NOT engage in any of the work that resulted in violations. conditions: g. Unit 5 Lot 6 Use Conditions. Unit 5, Lot 6, is subject to the following (i) CZO Zoning Permit. Class I Zoning Permit Z -60 -03 was issued on August 5, 2002 for the relocation of a greenhouse. Class I Zoning Permit Z -47 -11 was issued on August 16, 2010 for the construction of a water well. (ii) Subdivision. Subdivision S -79 -102. h. Subdivision S -79 -102, Lot 6 was created by Planning Commission Subdivision No. S -79 -102, which involved the subdivision of Parcel L -18. A.s set forth in the Tentative Approval letter, dated June 28, 1979 (attached as Exhibit "F "), the Planning Commission granted Tentative Approval on June 27, 1979, subject to the conditions of Tentative Approval. As set forth in the Final Approval letter, dated April 22, 1982 (attached as Exhibit "G "), the Planning Commission granted the subdivision Final Approval on April 14, 1982. i. SMA Permit SMA Minor Permit SMA(M)- 2010-17 was issued for the construction of the well. SECTION 3. PROPOSED USE OF SUBJECT PROPERTY, 3.1 Proposed Uses. The Applicant seeks leave of this Commission for the issuance of permits to legitimize the development activities which occurred in November and December 2007 (i.e., "after -the- fact" permits). These development activities consisted of the construction of a concrete masonry (keystone cement tiles) retaining wall, a hollow the drainage sump, and pouring concrete to extend existing driveway alignments. There were concrete driveways (WADOCS12791AM0122559,DOC) 4- I n existence on the Property, but the prior owners extended the concrete to be able to safely negotiate the Property to reach planted areas and to increase planting on the Property. The development was necessary to provide safe and stable access to those points ofthe Subject Property where the previous owner was expanding its fruit, vegetable and herb farm under sustainable practices. A portion of the concrete extension of the driveway system was also installed to provide safe access to the upper part of the property where an orchard is located. The upper level of the orchard is at an elevation approximately 100` higher than the lower level, and getting equipment to the all elevations of the Property to maintain the agricultural operations is a critical need with the constraints existing. Attached as Exhibit "H" is the site plan showing the work which generated the violation notice. The concrete masonry retaining wall is identified, unfortunately, as "ROCK WALL" on. Exhibit "H ". As can be seen, there are numerous "Rock Walls ", most of which are historic rock walls in existence even before the former owner acquired the property. What was actually constructed without a permit by Applicant's predecessor in interest is a concrete masonry wall, highlighted in pink, above a section of the driveway, and a sump. The sump, highlighted in yellow, to contain run -off at a point where erosion was creating problems for the Property, is identified as "CMU BOX" on Exhibit "H ". Both the sump and the retaining wall were installed at areas where erosion and run -off were likely to continue down to the Kilauea Stream. Attached collectively as Exhibit "I" are three (3) photographs depicting the retaining wall and the sump. The concrete driveway work, highlighted in blue, is also shown on Exhibit "H ". All other improvements depicted on Exhibit "H" pfeexisted acquisition of the Subject Property by Applicant's predecessor In interest, were not cited as violations in the June 27, 2008 violation letter (Exhibit "E "), and are not the subject matter of this Application. {W:\1D008\27914 \1 \W0122559,D0C) -5- The lots in the Kahili Makai Subdivision are heavily vegetated. During dry seasons, vehicular access to all points of the Property is possible. However, during rainy periods, soggy ground conditions and decaying leaves create a slick surface, and vehicles and equipment are unable to get traction to travel safely throughout the Subject Property. In order to expediently plant, maintain and harvest crops on the Applicant's farm, vehicles need to be used by the workers to move throughout the Property, in a safe manner. The lots in the Kahili Makai Subdivision slope from Kahili Makai Road towards the Kilauea Stream. The degree of slope and the level of rainfall in the area can cause precipitous conditions for vehicles. Improved 4ccess ways are necessary to allow Applicant and any farm workers to be able to travel throughout the Property without fear of injury or property damage. Safe access throughout the Property is necessary. Exhibit "H ", which is also a topographical map, shows the slope conditions which have impeded safe vehicular access. Attached collectively as Exhibit "J" are three (3) photographs which show different parts of the concrete driveway that prompted the violation notice, one of which provides a clear view of the type of slope which has made access throughout the Property difficult and, at times, impossible. There were existing driveways to which these new driveways connect, and they provide logical routes to different points of the Property. In 2003, one of the previous owners was issued two (2) violation notices for grading /excavation within the Special Management Area and Open Special Treatment District. The work that prompted those violation notices involved installation of the driveway systems that were being used by Applicant's predecessor in interest and some damage to archaeological features. Some of the work done in 2003 was required to be removed and the land restored, while some of the work was allowed to remain. The 2003 violations were resolved to the satisfaction of both the Planning { W:\DOCS\27914111W0122559.D0Q -& Department and the State Historic Preservation Division. Some of the driveways that were graded and/or concreted were allowed to remain in place. Then in 2007, some of the graded but not paved driveways were improved with concrete. It is those concrete extensions which were the subject of_the 2008 notice of violation which are in this application sought to be addressed. SECTION 4. DESCRIPTION OF SUBJECT PROPERTY AND IDENTIFICATION OF SURROUNDING LANDS, 441 Adjacent Property. The Subject Property is located adjacent to, or within 300 feet of, the properties identified on the Adjacent Property Index attached as Exhibit "K ". 4.2 Natural Environment. a. General Descri Lion. The Subject Property is roughly the northern half of Lot 6, with its northern boundary being the bank of Kilauea Stream (aka Kahili Stream.) in an area generally lying southwest of Kilauea Town. b. Soils. The soils within the project area consist primarily of Mokuleia Clay Loam, Poorly Drained Variant (MtA) and Puhi Silty Clay Loam, 25 to 40 Percent Slopes (PnE), according to the Soil Survey of Islands of Kauai, Oahu, Maui, Molokai, and Lanai, State of Hawaii, by the United States Department of Agriculture Soil Conservation Service, in cooperation with the University of Hawaii Agricultural Experiment Station, issued August 1972 (" Soil Survey "). Mokuleia Clay Loam, of the poorly drained variant, which is located along the Kilauea Stream -side of the Subject Property, is described as follows: "This soil occurs on Kauai. It is nearly level. The soil is poorly drained, and in this way, it differs from other soils of the Mokuleia series. The surface layer is dark brown to black and is mottled. This soil is used for sugarcane, taro, and pasture." {W :\DOCS\27914 \1 \WOI22559.DOC} -7- The other soil type appears to be Puhi Silty Clay Loam above the swath of Mokuleia Clay Loam, in roughly the central portion of Lot b, Kilauea Stream. This soil type is described as follows: "On this soil, runoff is rapid and the erosion hazard is severe. This soil is used for pasture, woodland, wildlife habitat, and water supply." c. Rainfall. The project area receives approximately 68.85 inches of annual rainfall. The Applicant's predecessor in interest on occasion had to periodically rely on domestic water or irrigating the crops, and it is anticipated that such irrigation may from time to time occur in the fixture depending on weather conditions. d. Botanical Resources. Prior to acquisition by the previous owner, , the Subject Property had been planted with such plants as a variety of palms, strawberry guava, mango, koa, kukui, avocado, lychee, ficus, ulu, monkey pod, tamarind, ginger, kamani, milo, hala, haupu and kou. After it was acquired, Applicant's predecessor in interest also began planting fruit trees and plants that had cultural, culinary or medicinal uses. The list of such plants put into the ground by Applicant's predecessor in interest is attached hereto as Exhibit "L". e. Tsunami Hazard. The Kauai County Tsunami Evacuation Kauai Map 2, Kauapea Beach to Anahoia Bay, shows the tsunami evacuation boundary extending up the banks of the Kilauea Stream to the project area. 493 Present Uses And Built Environment. Unit 5 has an existing single - family dwelling built in approximately 1935, and subsequently renovated (the renovation was done even before Applicant's predecessor in interest had acquired the Property). The dwelling is in long-term {WADOM27914UNW0122559,DOC} 48 rental use. Most of the Property is being or will be used for agricultural purposes. Attached collectively as Exhibit "M" are a series of photographs depicting the existing herbs, vegetables and trees planted on the Property, as an example of the cultivation occurring, l uses. The surrounding area is primarily rural, with a mix of residential and agricultural 4.4 Potential Future Uses, In the future, the Applicant is considering renovating the existing cottage for farm office use, and constructing a new single- family dwelling. However, the Applicant does not have any immediate plans for the new single- family dwelling. The agricultural uses will continue to be expanded to ensure maximum use of the Property for agricultural. purposes, although based upon the marketability of crops, the Applicant may have to eliminate certain plantings and replace them with crops that are more readily sold. The pertnitting of the driveways, retaining wall and drainage sump through this process is necessary for the Applicant to be able to continue the agricultural activities, and eventually to move forward with the agricultural use expansion. SECTION 5. PERMITS REQUESTED AND REQUIRED. 5.1 SMA Use Permit. a. The construction of the driveway extensions, retaining wall and drainage sump and the grading associated therewith occurred within the Special Management Area. Such activity constitutes a "development" as defined by the Special Management Rules and Regulations of the County of Kauai ( "SMA Rules "). At the time the work was actually done, the total value of this Development in the SMA exceeded $125,000.00 (the work was approximately 1 These photographs depict papaya, banana, taro, starfruit, mango, breadfruit, peppers, yams, cassava, coconuts and citrus plants. (W.\70CS\27914 \1 \W0122559.AOC) -9- $150,000.00). Therefore, the Applicant requests that the Planning Commission issue a SMA Use Permit (as defined in Section 7.3.C. of the SMA Rules) for such work. b. The agricultural activities that have occurred, and will continue to occur, is exempt from the SMA permitting .requirement pursuant to SMA Rules Section 1.41-1.(2)(h). 5,2 Use Permit. a. The construction of the driveway extensions, retaining wall and drainage sump, and the well, and the grading associated therewith, occurred within the CZO Special Treatment District (Resource and Cultural). Such activity involved uses, structures or development that require a Use Permit as required by CZO Section 8 -9.4. Therefore, the Applicant requests that the Planning Commission issue a Use Permit pursuant to CZO Articles 9,19 and 20 for such work. 53 Class IV Zoning Permit. The Development requires the issuance of a Class IV Zoning Permit as a condition of the Use Permit approval. See, CZO Sections 8- 7.7(4)(A), 84,7, and 8 -19.6. SECTION 6. IMPACTS OF DEVELOPMENT. 6.1 Botanical Resources and Wildlife. The people who were employed by Applicant's predecessor interest were present on a daily basis to engage in the farm activities, and it was those workers who reported the presence of wild pigs and None geese. The geese prefer the grassy areas near the Kilauea Stream, approximately 100 yards away from the driveways, and appear neither to be bothered by nor affect the farming activities. However, the wild pigs which roam the property have contributed to the erosion problems that Applicant and Applicant's predecessor in interest have or had been dealing with. a. General Site Description. The approximately 16.75 -acre limited common element that comprises Unit 5 contains one single - family dwelling (the renovated old {WAD0CS\279I4 \BW0122559.D0C} -10- cottage), and some driveways and rock walls, along with the plantings that comprise the Applicant's farming activities. Unit 5 slopes towards and borders Kilauea Stream. When Applicant acquired the Subject Property, it had been planted with fruit trees and other tropical plantings. b. Mammalian Resources. The wild pigs that "visit" the property are alien to the Hawaiian Islands, having been introduced initially when the islands were first inhabited. No rodents have yet been detected by the Applicant. However, it is expected that established rodents present on the Island of Kauai (roof rats, Norway rats, Polynesian rats, and European house mice) are probably resourced within the general project area. All of these introduced rodents are not beneficial to any remaining native ecosystems and the native floral and faunal species that are dependent on them for their survival. C, Avian Resources. AlthoughNene (the Hawaiian Goose), an endemic endangered. species, have been observed on the property during the daylight hours, there are no nesting colonies nor any suitable nesting habitat for the bird on the Subject Property. d. Botanical Resources. Attached as Exhibit "M" is a list of plants that the Applicant is growing on the Subject Property. The common names, uses /description, and classification (i.e., whether I endangered, threatened, etc.) of some of them are listed. e. Potential Impacts to Protected Species. The Nene have been using resources on the site in the grassy areas after mowing. A few have been seen periodically foraging in the areas where the grass has been cut and in areas that are not planted with the herbs and other plants which tend to cover the ground. Thick stands of grasses tend to discourage Nene presence. There have been no nesting sites observed on the property. The principal threat to the Nene is likely from household pets and rodents that may be attracted to the site. Applicant's farming activities {WAD OCS\27914 \1 \WO 122559.DOC} 41- neither interfere with, nor appear to disturb, the Nene, especially in light of the fact that the grassy areas that the Nene frequent are approximately 100 yards away from the driveways. f Conclusions Re: Botanical Resources. Although one plant species is currently listed as endangered on the federal endangered species programs (the Hina Hina Ewa), that plant was deliberately planted and was being cultivated by the Applicant's predecessor in interest (in short, it did not naturally occur on the Property). 6.2 Historical Resources. In 1991, an archaeological inventory was commissioned for Lot 6 by the Applicant's predecessor in interest. Attached as Exhibit "N" is "An Archaeological Inventory Survey of an Approximately 27.56 Acre Parcel, Kahili Ahupua'a, Koolau District, Island of Kauai, Hawaii [TMK 5 -2- 21:6]" ( "Survey "), which describes and depicts the location of various archaeological features. The previously laid -out concrete driveway and road system throughout Lot 6 avoided the archaeological features, and the improvements added by Applicant skirts existing rock features. The Applicant was provided with a copy of the "Survey" at the time it acquired Unit 5, and they were able to confirm that the farming and construction activities in place at the time they acquired the property were designed and implemented to have no impact on any of the sites identified in the Archaeological Report. In the event of inadvertent historic site or burial discovery in the fixture, the Applicant will immediately contact the Historic Preservation Division of the Department of Land and Natural Resources. 63 Air Qualib /Noise. The activities attending the installation of the driveway extensions, the retaining wall and the drainage sump did not significantly impact the air quality and ambient noise levels in the area, nor is it anticipated that the ongoing farming activities will have any such impacts. Any vehicles used or to be used by the Applicant on the property are or will be {W.TOCM7914 \1\W0122559.DOC) -12- properly muffled, housed and maintained to reduce any noise impacts or emission impacts. The Environmental Protection Agency (EPA) and State of Hawaii air quality standards will not be exceeded. 6A Flooding and Drainage. The Subject Property is situated within Flood Zone X (Areas outside of 500 year flood plain), as shown on the County of Kauai's flood insurance rate map (Flood Insurance Rate Map 150002- 0080E). The improvements and the agricultural activities are all located within Flood Zone X. The improvements meet all of the requirements of the Flood Plain Management Ordinance of the County of Kauai, as contained in Chapter 15, Article 1, of the Kauai County Code, 1987, and should have no impact on flooding on or around the Subject Property. Applicant is informed and believes that all drainage resulting from the construction activities were retained on site. No additional drainage will be allowed to significantly or negatively impact the Kilauea Stream and the wetland areas adjacent thereto, and Applicant's farming practices seek to reduce the amount of erosion that lead been occurring before Applicant's predecessor in interest commenced its diversified agricultural operations. 6.5 Utilities. a. Potable Water. Unit 5 currently obtains water service fiom the Department of Water of the County of Kauai ( "DOW "). b.. Agricultural Water. Agricultural /irrigation water is not available to Unit 5. It may, at sometime in the future, be available from the previously permitted well that was constructed but has not.been made operational. C6 Electric /Communications. Unit 5 obtains electric service from Kauai Island Utility Cooperative, and communication services from Hawaiian Telcom, Inc. Existing (WADOCS\27914 \1\W0122559.DOC) -13- electric and communications facilities are presently adequate to provide the demand for Unit 5's 6.6 Wastewater Treatment and Disposal. The existing single - family dwelling is served by a cesspool. 697 Solid Waste Disposal. Solid waste collection from the existing cottage is provided by the County of Kauai. Solid waste generated by the farming activities is taken by the Applicant to the Kapaa Refuse Transfer Station (nominal amounts); greenwaste is recycled at the Kapaa Refuse Transfer Station's greenwaste receiving location. 648 Governmental Services. a. Fire and Police Services. Fire and police services in the vicinity are located in Princeville, approximately seven (7) miles from the Subject Property. Applicant's activities will not significantly increase the need for existing fire and police services. b. Schools. The closest schools are Kilauea Elementaiy School located in Kilauea, and Kapaa Intermediate School and Kapaa High School, which are located in Kapaa. The Applicant's activities will not generate any significant additional enrollment. 6.9 Economics. a. Jobs. The Applicant's agricultural activities do not currently employ anyone, although the Applicant periodically uses "contract" labor on an as- needed basis. b. Ho using. The Applicant's activities will not result in the need for additional worker housing. All employees are and will be Kauai residents who are already living on Kauai. {WADOCS\27914111W0122559.DOC} -14- c. Property Values. Although the fair market value of real property is based on the value of the land and physical improvements, the extensions of the driveways, and the retaining wall, drainage sump and well, do not increase the value of Unit 5. 6.10 Population. The extension of the driveways, the construction of the retaining wall and the drainage sump, and of the well, and the expansion of agricultural activities, will not result in an increase in population. 6.11 Traffic Circulation. The major roads which service Unit 5 are Kahill Makai. Road and Kuhio Highway. The extension of the driveways and related construction, and the expansion of agricultural activities, will not significantly increase traffic on these roads. 6.12 Heritage Resources. The Subject Property is located within the "Important Land Form" Heritage Resources Designation (Kaua'i General Plan, November 2000). Mountains, stream valleys and gulches, bluffs and other coastal features were identified on the Heritage Resource Maps as "Important Land Form" areas. The stated policy for identifying an area as an "Important Land Form" is to "protect steep slopes and streams from erosion and to protect landforms from development that might affect scenic views" The extension of the driveways and related construction were intended to reduce the risk of erosion of the slopes on Unit 5, and the expansion of agricultural activities is being designed to further reduce erosion risks (by the use of terracing at strategic locations to keep run -off on site to the extent practicable, and away from the Kilauea Stream). The public view of Unit 5 is from parts of Kahili Quarry Road, the Kilauea Stream rivermouth area, some lots within the S eacliff Plantation, and the Kilauea Stream itself (collectively, the "Vantage Points "). In point of fact, the extensive growth on the property are what screen the improvements on the property from the public viewpoints. (WAD005\27914MWO122559.DOC) -15- SECTION 7, SLUC CONSIDERATIONS. 7.1 SLUC Agricultural District. The area of the Subject Property in which the Development will occur is located within the SLUC Agricultural District. Permitted uses in the SLUC Agricultural District are set forth in HRS Section 2054.5 (a), which provides, in relevant part, as follows: " §205 -4.5 Permissible uses within the agricultural districts. (a) Within the agricultural district all lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be restricted to the following permitted uses: (1) Cultivation of crops, including but not limited to, flowers, vegetables, foliage, fruits, forage, and timber; (2) Game and fish propagation; (3) Raising of livestock, including but not limited to, poultry, bees, fish, or ether animal or aquatic life that are propagated for economic or personal use; (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, or treatment plants, or corporation yards, or other like structures; (10) Buildings and uses, including but not limited to, mills, storage, and processing facilities, maintenance facilities, and vehicle and equipment storage areas that are normally considered directly accessory to the abovementioned uses and are permitted under Section 205 -2(d); { W:\DOCS\27914 \1 \WQ i22559.DOC} -16- III 7.2 Development's Compliance with SLUC Agricultural District Standards. The proposed uses include the after- the -fact approval of driveways, a retaining wall and sump, and a well, to assist the owner in continuing agricultural uses of the property. These uses are recognized as permissible uses under HRS Section 20545(a). SECTION 8, GENERAL PLAN CONSIDERATIONS. 8.1 Kauai General Plan Land Use Desi ig xation. The area of the Subject Property in which the Development will occur is located in the Kauai General Plan Open Land Use Designation, as set forth in Section 5,3 of the Kaua'i General Plan, which provides in relevant part as follows: "53.1 Policy (a) The intent of the Open designation is to preserve, maintain or improve the natural characteristics of non -urban land and water areas that: (1) are of significant value to the or recreation resources; (2) perform essential physical functions important to t] surrounding lands, waters, resources; public as scenic and ecologic -ie welfare of and biological (3) have the potential to create or exacerbate soil erosion or flooding on adjacent lands; (4) are potentially susceptible to natural hazards such as flood, hurricane, tsunami, coastal erosion, landslide or subsidence; or (5) form a cultural, historic or archaeological resource of significant public value. (b) Lands designated Open shall include: important landforms such as mountains, coastal bluffs, cinder cones, and stream valleys; native plant and wildlife habitat; areas of predominantly steep slopes (20 percent or greater); beaches and coastal areas susceptible to { W ADO CS\27914 \1 \W0 122559.DO C) -17- coastal erosion or hurricane, tsunami, or storm -wave inundation; wetlands and flood plains; important scenic resources; and known natural, historic and archaeological resources. Open shall also include parks, golf courses, and other areas committed to outdoor recreation. (c) Lands designated Open shall remain predominantly free of development involving buildings, paving and other construction. With the exception of kuleanas and other small lots of record, any construction that is permitted shall be clearly incidental to the use and open character of the surrounding lands. 5.3.2 Rationale for Policy The policy differs only slightly from the previous General Plan policy on the Open designation. Key elements have been retained verbatim, including: the main statement of intent, to "preserve, maintain or improve the natural characteristics of non -urban laird and water areas ..." Also from the previous General Plan: Open lands "shall remain predominantly free of development "; and any construction allowed "shall be clearly incidental to the prevalent nature of the surrounding area." The same statements are also found in the purpose section of the Open zoning regulations. While the policy remains essentially the same, some material has been added regarding the types of resources to be preserved and the types of lands to be included in the designation. The mapping of the Open designation on the General Plan Land Use Map has been revised, in order to more closely reflect the policy. The mapping is discussed in more detail below. This discussion of the policy rationale also addresses the implementation of the policy through the Open zoning regulations — particularly the use of Open -zoned lands to increase the number of lots in agricultural subdivisions. 5.3.2.1 Land Use Map The delineation of Open lands on the General Plan Land Use Map has been revised from the previous General Plan in order to more closely conform to the policy. The policy is very specific and directive: To "preserve" Open lands and to keep {WAD0CSU7914 \1 \W0122559,D0C} -18- them "predominantly free of development." Since the policy is the most restrictive of all the GP land use designations, Open lands should be mapped to include specifically identifiable features that meet the criteria of the particular types of lands enumerated in the text. Undeveloped lands that do not have the characteristics described have been placed in the Agriculture, designation. The few areas previously designated Open that are already predominantly developed have been re- designated to one of the urban classifications. Following is a summary of the basic principles that guided the mapping of the Open land use designation. Stream Valleys and Drainage ways in Urban Areas. In urban areas, the Open designation has been mapped to include stream valleys, drainage ways and golf courses that are important for detaining stormwater, receiving wastewater effluent, and providing open space relief. Some, like Nawiliwili Valley and Hanama'ulu Valley, are also important landforms. In intensively developed areas such as L-ihu'e and Princeville, Open lands have been mapped in specific detail that reflects the underlying or planned Opeh zoning. rr A 82 Development's Compliance with Kaua'i General Plan Standards. The proposed uses include the expansion of agricultural activities and involved the construction of a driveway system, retaining wall and drainage sump that are accessory to the agricultural activities. Except for the existing cottage, most of Unit 5 is free of land coverage. There will be no significant impact on the surrounding environment, as the agriculturally- related uses are compatible with other uses in the area, as well as with the surrounding environment. As such, the Applicant's requests comply with the Kauai General Plan policy in that they will help to preserve, maintain and improve the natural characteristics of the area; will allow the area to remain predominantly fi'ee of development; and will be incidental to the use and open character of the surrounding lands. (WAD0CS\27914 \1 \W0122559.D0C) -19- SECTION 9. CZO OPEN DISTRICT CONSIDERATIONS, 9.1 CZO Open District. The area of the Subject Property in which the Development has taken place is located within the CZO Open District. Uses in the CZO Open District are set fortli in CZO Article 8, which provides in relevant part as follows: " A,RTICLE 8. OPEN DISTRICTS (0) Sec. 8-8.1 Purpose. (a) To preserve, maintain or improve the essential characteristics of land and water areas that are: (1) of significant value to the public a5 scenic or recreational sources; (2) important to the overall structure and organization of urban areas and which provide accessible and usable open areas for recreational and aesthetic purposes; (3) necessary to insulate or buffer the public and places of residence from undesirable environmental factors caused by, or related to, particular uses such as noise, dust, and visually offensive elements. (b) To preserve, maintain or improve the essential functions of physical and ecological systems, forms or forces which significantly affect the general health, safety and welfare. (c) To define and regulate use and development within areas which may be potentially hazardous, (d) To include areas indicated on the County General Plan as open or as parks. (e) To include areas clearly indicated on the County General Plan or on Zoning maps as "Special Treatment -- Open Space" if an applicant represents to government authorities that any properties or areas within a development proposal or subdivision application will remain in either permanent open space or private park areas, or if the Council in the exercise of its zoning power requires as a condition ofrezoning that an area be designated for permanent open space or private park. This does not preclude the Council from exercising its zoning authority as provided in See. 46 -4, Hawai'i Revised Statutes. Within areas so designated, no uses, structures, or development inconsistent with such designation shall be generally permitted or permitted by use permit without express provision to the contrary. The Council is hereby authorized to make such factual determinations as necessary incident to this section. (WADOCS\27914 \1 \W0122559.DOC) -20- (� To provide for other areas which because of more detailed analysis, or because of changing settlement characteristics, are determined to be of significant value to the public. (Ord. No. 164, August 17, 1972; Sec. 8 -8.1, R.C.O. 1976; Ord. No. 813, January 16, 2004) Sec. 8• -8.2 Generally Permitted Uses And Structures. (1) Accessory uses and structures (2) Day -use areas (3) Diversified agriculture (4) Livestock and grazing, except as provided in Sec. 843 (5) Outdoor recreation (6) Parks and monuments (7) Private recreation areas (8) Resource management (9) Single family detached dwellings (10) Undeveloped campgrounds (Ord. No. 164, August 17, 1972; Sec, 8-8.2, R.C.O. 1976; Ord, No. 813, January 16, 2004) See. 8-8.3 Uses Permit Is Required. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) { W:\DOCS\279 14 \r \WO r22559.DOC} And Structures For Which A Use Communications facilities Day care centers Developed campgrounds Home businesses Intensive agriculture Livestock and grazing within the Urban District as established by the State Land Use Commission Organized recreation camps Outdoor recreation concessions Police and fire facilities Quarries Recreation vehicle parks Religious facilities Utility installations Any other use or structure which the Planning Director finds to be similar in nature to those listed in this Section and appropriate to the District. -21- (Ord. No. 164, August 17, 1972; Sec, 8 -83, R.C.O. 1976; Ord, No. 813, January 16, 2004) Sec. 8-8.5 Development Standards For Construction And Use Within An Open. District. (a) Land Coverage: (1) The amount of laid coverage created, including buildings and pavement, shall not exceed ten per cent (10 %) of the lot or parcel area. (b) Residential Densities. Except as otherwise provided in this Article, ... no more than one (1) single - family detached dwelling unit per five (5) acres of land shall be permitted when the parcel is located within an area designated as "Agriculture" by the State, Land Use Commission, ..." 9.2 Development's Co=liance with CZO Open District Standards. This il Application covers the unpermitted extension of existing concrete driveways, and the construction of a retaining wall and drainage sump and a well. That construction was done by the Applicant's predecessor in interest to support its ongoing agricultural activities, and to ensure that the expansion of agricultural activities could be done safely and to minimize the erosion that has been occurring on the site. As such, what has transpired, and what will transpire, complies with the Generally Permitted Uses and Structures allowed in the CZO Open District pursuant to CZO Section &8.2. The agricultural uses are compatible with other uses in the area, as well as with the surrounding environment. As such, the activities described herein comply with CZO Section 8 -8.1 in that they will help to preserve, maintain and improve the natural characteristics of the area; will allow the area to remain predominantly free of development; and will be incidental to the use and open character of the surrounding lands. {WAD0CS\27914 \1 \W0122559.D0C} -22- SECTION 10, SPECIAL TREATMENT DISTRICT CONSIDERATIONS. 1011 Special Treatment District. The Subject Property is located within the Special Treatment District (Scenic/Ecologic Resources), as described in CZO Sections 8- 9.2(a)(3). As such, the Subject Property is subject to the provisions contained in CZO Sections 8 -9.3, &9.4(a) and (b), and 8 -9.5. 10.2 Uses. Pursuant to CZO Sections 8 - &9.3 and 8 -9.4, the Applicant has applied for a Use Permit for the proposed Development as set forth in Paragraph 6, above. Consistent with CZO Section 8- 9.4(a), the proposed uses and structures are Generally Permitted Uses And Structures within the Open District as contained in CZO Section 8-8.2(1) (Accessory Uses And Structures), (3) (Diversified Agriculture), or Uses And Structures For Which A Use Permit Is Required as contained in CZO Section 8- 8.3(5) (Intensive Agriculture). 10.3 Confirmation Letter. Pursuant to CZO Section &9.5(b), by letter prepared by the Applicant's predecessor in interest and signed and agreed to by the Planning Director of the County of Kauai ( "Planning Director ") attached as Exhibit "0 ", the Applicant's predecessor in interest was informed of the particular reasons for the establishment of the Special Treatment District in which the Subject Property is located. 10.4 Plans. Pursuant to CZO Section 8 -9.5, certain plans and three dimensional drawings (collectively the "Plans ") are required to be submitted to enable this Commission to visualize the improvements. Since, however, these improvements are essentially at ground level, photographs depicting the same have been attached, along with a plot plan showing the said improvements, in lieu of having scaled drawings presented. The Plans indicate: a. The relation of the extensions to the concrete driveways, the retaining wall and the drainage sump to other uses and structures within the Special Treatment District. {WADOM2791AM0122559.DOC} -23- b. The ways in which the extensions to the concrete driveways, the retaining wall and the drainage sump are consistent yvith the reasons for the establishment of the Special Treatment District. C, The location upon the Subject Property of all existing and proposed: {i) topography, (ii) buildings; (iii) driveways; and (iv) plant materials. d. The exhibits that have been submitted herewith show the location of all existing topography, buildings, walks, driveways, utilities and plant materials within the boundaries of the Subj ect Property Also attached hereto, as Exhibit "P ", is a copy of a portion of an aerial photograph showing the cul -de -sac of Kahili Makai Street (a public roadway), and the Subject Property, immediately to the left of the cul -de -sac, along with adjacent lands. 10.5 Compatibili1y With Surrounding Uses, The Subject Property is surrounded by propertle§ located within the SLUC Agricultural District, the CZO Open District, and the Special Treatment District (Scenic/Ecologic Resources). Uses on the surrounding lands include farm dwelling uses and agricultural uses. The Subject Property is similar in topography, character and nature with adjacent and surrounding properties, and the activities described herein are consistent with such surrounding uses. Exhibit "P" (the aerial photograph of the area) shows the largely agrarian neighborhood along the banks of the Kilauea Stream. 10.6 Development's Compliance with Special Treatment District Standards. The activities described herein will have no negative impact on the Special Treatment District, will be compatible with existing uses in areas on or around the Subject Property, will not impact scenic or (WADOM2791AM0122559,DOC) -24- open space resources within the Special Treatment District, will not increase runoff or otherwise endanger the coastal ecosystem, will have no detrimental impact on recreational, historic, economic or resources, and will'not have detrimental impacts on beach or marine resources. Approval of the extension of the existing driveways and the installation of the retaining wall, drainage sump and well will not result in the foreclosure of future management options for development in the area. The design and siting of the systems to help the agricultural expansion and erosion reduction will ensure that the activities occurring on the Subject Property tecognize, preserve, maintain and contribute to the characteristics of the surrounding lands (which lands are recognized to be of particular significance or value to the general public). In particular, what has been done is entirely compatible with, and will also protect the unique natural forms of, biologic systems contained within, and aesthetic characters §tic of, the Special Treatment Area, 10.7 Development's Compliance with CZO Use Permit Standards. The activities on the Subject Property are in compliance with the standards for Use Permits as contained in CZO Section 8- 20.5(a) in that the Development will be: a. a compatible use; b: not detrimental to health of persons residing or working in the neighborhood; c, not detrimental to safety of persons residing or working in the :neighborhood; d, not detrsmental to peace of persons residing or working in the neighborhood; e, not detrimental to morals of persons residing or working in the neighborhood; f, not detrimental to comfort and general welfare of persons residing or working in the neighborhood; {WADOCS\27914U\Wd 122559.DOC) -25m g. not detrimental or injurious to property or improvements in the neighborhood; ho not detrimental to the general welfare of the community, L not a cause of substantial hannful environmental consequences to the Subject Property, or to other lands or waters; j. not inconsistent with the intent of Chapter 8, KCQ and lc, not inconsistent with the General Plan. 10.8 Development's Compliance with CZO Class IV Zoning Permit Standards. The Applicant has complied with the procedural provisions for a Class IV Zoning Permit by its filing and processing of this Application. SECTION I L NORTH SHORE DEVELOPMENT PLAN CONSIDERATIONS. 11.1 Development Plan. Goals and Objectives. The goals and objectives of the North Shore Update, as adopted by the North Shore Development Plan Ordinance, include the following. Goal A: To preserve the unique natural beauty of the North Shore Planning Area. Goal Be To preserve the special rural charm of the North Shore Planning Area. Goal C: To provide for the safety and welfare of the people of their property of the North Shore Planning Area, Goal D: To provide for economic development of the North Shore Planning Area. Goal E: To preserve the wildlife and flora and the North Shore, recognizing man's dependence upon this preservation for his own health and welfare. Goal F: To insure the preservation of historic - archaeological sites in the North Shore Planning Area. {WADOM27914111WO122559.DOC} -2& Goal G: To create a development for evolutionary growth that depends upon a planning process whereby conflicts can be resolved through the establishment of priorities and community participation. Goal H: To provide for recreational opportunities that are compatible with unique qualities and natural features of the North Shore. 11.2 Development's Compliance with Development Plan Standards. The proposed use of the Subject Property will not conflict with any of the Goals contained in the North Shore DPO. The design, layout and outside appearance of the agricultural uses and installations in support of the agricultural uses is and will be compatible with the natural beauty of the area. As such, the proposed use will not conflict with Goals A or B. The proposed use will provide economic opportunity for Kauai residents, and as such, will promote Goal D. The proposed use will have no negative impact on the public safety or welfare, on any endangered species of plants or animals, on archaeological or historic sites, or on recreational opportunities on or around the Subject Property. As. such, it will not conflict with Goals C, E, F or H. The process of filing this Application is consistent with the purposes of Goal G. SECTION 129 SMA CONSIDERATIONS, 12.1 Recreational Resources. The only recreational resource adjacent to the Subject Property is the Kilauea Stream. The Kilauea Stream is used for fishing, swimming, kayaking, and other recreational activities. The customary and convenient access for these activities within the stream runs from Kahili Quarry Road (and not from the Kahili Makai Subdivision) to the West bank of the Kilauea Stream (near the Kilauea Stream rivermouth) and then in a mauka direction for approximately 2,500 feet along the West bank of the Kilauea. Stream. Applicant's farming activities will neither enhance nor detract from the ability of the public to enjoy the recreational uses of Kilauea Stream. {WAIDO 27914\1 O122ss9:Doc} -27- 12.2 Historic Resources. The activities, which have integrated the known and identified historic, cultural or archaeological resources located on the Subject Property, will not negatively impact those resources, as they have been designed to skirt those walls which meander over Unit 5 and adjoining properties. However, as stated above, the Applicant will protect and preserve any historic resources that may in the future be found as the agricultural uses continue. 12.3 Scenic and Omen Space Resources. Applicant's activities, consisting of diversified agricultural operations, will have no negative impact on the scenic and open space resources on and around the Subject Property, is compatible with and blend into the surrounding area, and will not interfere with any views to or along the shoreline. 12.4 Coastal Ecosystems, The Subject Property is located in Kilauea Valley and near the Kilauea Stream. While engaging in its agricultural operations, which do not require tilling or grubbing, Best Management Practices will be implemented to insure that the Applicant's farming will have no significant impact on this ecosystem; will not cause any erosion or increased runoff into Kilauea Valley or the Kilauea Stream; and will not endanger the coastal ecosystem Or have any negative impacts on it. 12.5 Economic Uses. As discussed above, the Applicant's agricultural operations will create long -term economic benefits associated with the farming activities and, it is hoped, there will be a .ready market for the harvests of the property, and will not have any negative impacts on the economy. 12.6 Coastal Hazards. As shown on the County of Kauai's flood insurance rate map (Flood Insurance Rate Map 150002- 0080E), the Subject Property is located in Flood Zone X. The work previously done, and the agricultural activities, will have no contributory impact on flooding on or around the Subject Property. { W :\DOCS\27914 \1 \W0122559.DO C) _2S_ 12.7 Managing Development/Public Participation. Applicant's farming activities on the Subject Property are complimentary to, and consistent with, present and future State Land Use Agricultural and County Open Zone development in this area of Kauai. 12.8 Value of Development. The Development involved construction which, when done by the Applicant's predecessor in interest, exceeded the then limit of $125,000.00 (the valuation of the work was approximately $150,000.00). 12.9 Compatibility With Surrounding Uses, The Subject Property is surrounded by properties located within the State Land Use Commission's Agricultural District, the CZO Open District, and the Special Treatment District. (Scenic /Ecologic Resources). Uses on the surrounding lands include residential uses (farm dwelling uses), and agricultural uses. The Subject Property is similar in topography, character and nature with adjacent and surrounding properties, and the Applicant's activities are consistent with such surrounding uses. 12.10 Development's Impacts Within SMA. The Applicant's agricultural activities will have no negative impact on the SMA and are compatible with existing uses in areas on or around the Subject Property. These agricultural activities, and the improvements which are accessory to these activities, will not negatively impact scenic or open space resources within the SMA, nor will they increase runoff or otherwise endanger the coastal ecosystem. Additionally, the agricultural operations will have no detrimental impact on recreational, historic, or economic resources, nor detrimental impacts on beach or marine resources. Approval of the permits sought herein will not result in the foreclosure of future management options for development in the area. The design and siting of the driveways, retaining wall, drainage sump and well, and the planting of vegetation and trees which already occurred and which will continue recognize, preserve, maintain and contribute to the characteristics of the surrounding lands (which lands are recognized to be of (WADOM279 MEW0122559.DOC) -29- particular significance or value to the general public). In particular, the Applicant's activities have and will continue to protect the unique natural forms and aesthetic characteristics of the biologie systems contained within the SMA. 12.11 Development's Compliance with SMA Standards. The activities on the portions of the Subject Property within the SMA fulfill the provisions of the SMA Rules in that; a. They will have no affect on public access to publicly owned or used beaches and recreational areas; b. They will not detrimentally affect any wildlife or endangered plant or animal species which may be located at this site; c. Provisions for solid and liquid waste treatment, disposition and management will be developed in order to minimize adverse effects on the Special Management Area; d. Alteration to existing land forms or vegetation and the construction of structures will cause minimum adverse effects to water resources and scenic and recreational amenities, and will minimize danger of floods, wind damage, storm surge, landslides, erosion, siltation, or failure in the event of earthquake; e. They will not require dredging, filling, or altering any bay, estuary, salt marsh, river mouth, slough or lagoon; public recreation; f. They will not reduce the size of any beach or other area useable for g. They will not reduce or impose restrictions upon public access to tidal and submerged lands, beaches, portions or rivers or streams within the Special. Management Area and the mean high tide line where there is no beach; ( W:\DOCS\27914 \1 \W0122559.DOC) -3 O- h. They will not substantially interfere with or detract from the line of sight toward the sea from the State highway nearest the coast; i. They will not adversely affect water quality, existing areas of open water free of visible structures, existing and potential fisheries and fishing grounds, wildlife habitats, or potential or existing agriculture uses of land; j. They will not have any substantial environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interests; lc. They are consistent with the objectives, policies, and guidelines set forth in HR.S Chapter 205A and Sections 3.0 and 4.0 of the SMA Rules; and 1. They are consistent with permitted uses in the State Land Use Agricultural District, the Kaua'i General Plan, the North Shore Development Plan, and the CZO: SECTION 13, HRS CHAPTER 343 (ENVIRONMENTAL IMPACT STATEMENTS) CONSIDERATIONS. 13.1 HRS Chapter 343. Applicant's activities are not subject to the provisions of Hawaii Revised Statutes Chapter 343. HRS Chapter 343 requires the preparation of an Environmental Assessment and/or an Environmental Impact Statement for certain activities as specified in HRS Section 343 -5. The extension of the driveway system, the installation of the retaining wall and the drainage sump, and the expansion of the agricultural operations, do not fall within such specified activities, in that they do not: a. funds; (W ADOCSU7914NIM 122559.DOC) Propose the use of state or county lands or the use of state or county -31- b. Propose any use within any land classified as conservation district by the State Land Use Commission under HRS Chapter 205; 205A-41; c. Propose any use within the shoreline area as defined in HRS Section d. Propose any use within any historic site as designated in the National Register or Hawaii Register as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or HRS Chapter 6E; e. Propose any use within the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishing the "Waikiki Special District "; f. Propose any amendments to existing county general plans where such amendment would result in designations other than agriculture, conservation, or preservation; g. Propose any reclassification of any land classified as conservation district by the State land Use Commission under HRS Chapter 205; or h. Propose the construction of new, or the expansion or modification of existing, helicopter facilities within the state. SECTION 14, NATIVE HAWAIIAN ISSUES. 14.1 Development's Impacts on Traditional or Cultural Practices. The Applicant's activities will have no impact on any known traditional or customary practices of native Hawaiians. There are no known traditional or customary practices of native Hawaiians that are presently occurring within the Subject Property. There are no special gathering practices taking place on or upon the Subject Property. Applicant's farming operations will not detrimentally affect: access to any streams; access to the shoreline or other adjacent shoreline areas; or gathering along any strealns, {WAD0CS\27914 \1 \W0122559.D0C} °32- the shoreline or in the ocean. There are no known religious practices taking place on or upon the Subject Property. Applicant's agricultural activities will have no negative impact on any cultural or historic sites or resources located within the Subject Property. SECTION 15, CONCLUSION. The Applicant respectfully requests that the Planning Commission of the County of Kauai grant the Applicants an SMA Use Permit, a Use Permit, and a Class IV Zoning Permit for the Development. DATED: Lihue, Kauai, Hawaii, -5' :20I;� BELLES GRAHAM PROUDFOOT WILSON & CHUM, LLP M { WAD005\27914 \1 \W0122559.DOC} -33w LORNA A. NISHIMITSU Attorney for Applicant LAUREL NICOLE SPELLMAN SMITH and BRIAN JOHN SMITH AUTHORIZATION LAUREL NICOLE SPELLMAN SMITH and BRIAN JOHN SMITH, wife and husband (collectively "Applicant) ", hereby declare that they are the owners of tho property described herein and hereby authorizes Belles Graham Proudfoot Wilson & Chun, LLP to act on its behalf and to file and process on its behalf oily and all applications necessary to obtain any governmental permits relating to the real property located at Fahili, Kilauea, Hanalei, Island and County of Kauai, State of Hawaii, identified by Tax Key No.. (4) 5- 2- 21- 006:CPR No. 5. Stich authorization shall include but not be limited to, the following: 1. Building permits, grading permits, use permits, Project Development Use Permits, variance permits, zoning permits, Special Management Area pernnits, and any other permits or governmental authorizations issued by any department, agency board or commission of the County of Kauai, the State of Hawaii or the United States, 2. Permits issued by the Department of Health of the State of Hawaii, including but not limited to permits for Individual Wastewater Systems. 3. Permits for uses On State highways and streets issued by the Highways Division of the Department of Transportation of the State of Hawaii, 46 Water and well pen-nits issued by the Commission on Water Resource Management, Department of Land and natural Resources, State of Hawaii, including petition to arnend interim instream flow standards, stream channet alteration pernnit, stream diversion works permit, stream diversion worms abandonment, stream diversion works alteration, well construction permit and pump installation permit. Dated: Seattle, Washington, 4S 'o 10 " 0&D ; 'P� , 20121 NICOLE SPECLMA.N SMITH (IY:\DOCS\27430\r \1YR 1478 G4.DOC} STATE OF HAWAII BUREAU OF: CONVEYANCES RECORDED December 9 e, 2o9 18:01 AM Doc No(s) A- 43670381 IV NICKI�ANN THOMPSON REGISTRAR Conveyance Tax: $50ou.o0 Return by mail() pick up()�Q�jCt('� Tax Map Key No.; 415 =2 -021 -006, CPR 0005 W.AR1L kNTY APARTMENT DEED (Subject to "'As 10 Condition) THIS WARRANTY APARTMENT DEED (Subject to "As Is" Condition) is dated ID QU40avg, DA MENU, INC., a Hawaii corporation, of )C'Sl., � tl, hereinafter called the "Grantor ", in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to the Grantor paid by LAUREL NICOLE SPELLMAN SMI'T'H and 13&t1'AN JOHN SMITH, wife and husband, whose address is 2201 3Ta A.venite, Apt. 2203, Seattle, WA 98121, hereinafter called the "Grantee ", the receipt of which is acknowledged. grants and conveys unto the Grantee, as tenants by the entirety, their assigns, and the survivor of the Grantee and her or his heirs, devisees, personal representatives, and assigns, the property described in the attached Exhibit "A ", hereinafter called the "property". AND the reversions, remainders, rents, issues and profits and all of the estate, right, title and interest of the Grantor, both at law and ut equity, in and to the property. TO HAVE AND TO HOLD the property, including the improvements thereon, and all rights, easements, privileges and appurtenances belonging or appertauiing to or held and enjoyed with the property, unto the Grantee according to the tenancy set forth herein, forever. I r 1 Grantee acknowledges that tho. property described in said Exhibit "A" is being conveyed "AS IS" with the knowledge of the conditions disclosed by Grantor and/or discovered during inspection(s) of said property. Grantee understands and agrees that all land and improvements (including but not limited to the roof, wails, foundations, soils, plumbing, electrical and mechanical systems, etc.), real property, and personal property (if any) are being conveyed in their exlsting "AS IS" CONDITION WITHOUT WARRANTY OR REPRESENTATIONS, EXPRESSED OR RVIPLIED. Grantee hereby accepts said property in its "AS IS" condition. The Grantor covenants with the Grantee that the Grantor is lawfully seised in fee simple of the property and has good right to sell and convey the property; that the property is free and clear of all encumbrances except as set forth herein and except for the lien of real property taxes not yet required by law to be paid; and that the Grantor will warrant and defend the property unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. The 43rantee does hereby covenant and agree, for the benefit of the owners from time to time of all other apartments in the condominium property r?gime described in Exhibit "A ", to observe and perform at all times all terms, covenants, conditions and restrictions set forth in the Declaration and Bylaws referred to in Exhibit "A ", as the sam4 may from time to time be amended, on the Grantee's part to be observed and performed, and when required to do so to indemnify and hold and save harmless the Grantor from any failure so to observe and perform any of such terms, covenants, conditions and restrictions. This instrument and the covenants of the Grantor shall be binding upon the Grantor and inure to the benefit of the Grantee, The terms "Grantor" and "Grantee" as and when used herein, or any pronouns used in place thereof, shall mean and 'include the singular or plural number, individuals, partnerships, trustees and corporations, and each of their respective heirs, personal representatives, successors in interest and assigns, All covenants and obligations undertaken by two or more persons shall be deemed to be joint and several. THE PARTIES agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same axeement, binding all parties. For all purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and acknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. I IN WITNESS WHEREOF, the Grantor and Grantee have executed this instrument. IfDAYENIJ, INC., a Hawaii corporation All ' r IM, 1 • State of H ) / C o£ICauai On 1�G-`c 13 11 , before me personally appeared laud 1v - KAvoe V, e�7 o me personally knpwn, who, being by me duly sworn or firmed, did say that the are t�e k7eNr and 40&5/x; ; respectively, of DAYENUY USTC., a Hawaii corporation, and that the instrument was signed on behalf of the corporation by authority of its Board of Directors, and /et _ acknowledged the instrument to be the free Oct and deed of the, corporation. By my signature below, X further certify that the gbove� named executed this page document entitled Warranty Apartment Deed (subject to "As Xs" condition) dateCl's� ,��b (, Po it in the )~ifth. Circuit of the State of and that this acknowledgement is deemed to include my Notary C�"a at'"on '1 PP `O AL so tic P� •aft ir/awr P,`�W;g $ , �,,00,,,�0P C01-0 01�i1Vr 3 Type or print name. .. Notary Publi rte[ • 1 • 1 • i 2 t Grantee State of County of ir= On j, &Idn t':3 l 2=Q11 before me personally appeared LAUREL NICOLE SPELLMAN SMITH, to me personally known, did say that such person(s) executed the foregoing instrument as the free act and deed of such prrson(s), and if applicable, in the capacities shown, having been duty authorized to execute such instrument in such capacities. By my signature below,,I further certify that the above -named executed this page document entitled Warranty Apartment Deed (Subject to "As Is" Condition) dated . 4 tt - in e Fifth Circuit of the State of Hawaii and that this acknowledgement is deemed to include my Notary ertihcation. \oW 1((Ilr/rrirr�` \� l B I C '9 0&463Y son a 4F 11 Rr State of Gtr County of e or print name: bta . I cZ ,' e4, Notary Public, State of My Commission expires: 1(X0 j FLO f � on ) t 3,0 i) , before me personally appeared BRIAN JOHN SMITH, to the personally known, did say that such person(s) executed the foregoing instrument as the free act and deed of such person(s), and if applicable, in the capacities shown, having been duty authorized to execute such instrument i such capacities. By my signature below, I further certify that the above - named executed this page document entitled Warranty Apartment Deed (Subject to, "As„Is" Condition) dated 17 o+( Iga in the Fifth Circuit f the State of Hawaii and that this acknowledgement is deemed tot include my Notary Certifrcati > >����t�tltlrtttTrrr �� •-�. 7 r print name, Ri 4, 6- 63 z -- cn ; a��utr'� No ryPublic, State of '�' . -} �- •..; My commission expires; 0 F 5 Exhibit "A" FIRST: Condominium Unit No. 5 of that certain Condominium Project known as "MAMA MELE ", as shown on Condominium Map No. 2797, and described in the Declaration of Condominium Property Regime dated September 1.8, 1998, recorded September 18, 1998 in the Bureau of Conveyances, State of Hawaii, as Document No. 98439884, as the same maybe amended. TOGETHER WITH exclusive use of the limited common element appurtenant thereto, and appurtenant easements as described in said Declaration and nonexclusive ' easements in the common elements designed for such purposes for ingress to, egress from, utility services for, and support, maintenance and repair of said Unit which are shown on the Condominium Map for the Project or otherwise of record; in the other common elements for use according to their respective purposes, and in all other Units of said Project. SECOND. An undivided 20% interest in all common elements of the project including the land described in said Declaration as established for said twit by the Declaration; or such other percentage interest as hereinafter established for said unit by any atnendrnent of the Declaration, as tenant in common with the other owners and tenants thereof. Being all the property described in APARTMENT DEED recorded June 25, 2007 in the Bureau of Conveyances, State of Hawaii, as Document No. 2007413273, to DAYENU, INC., a Hawaii corporation. THE LAND UPON WHICH SAID CONDOMINIUM IS LOCATED IS DESCRI13ED AS FOLLOWS. All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Land Patent Number 8323, Land Commission Award Number 8559 -B, Apana 38 to Wm. C. Lunalilo, Royal Patent Number 3486, Land Commission Award Number 9067, Apanas 2 and 3 to Keo, Royal Patent Number 7754, Land Commission Award Number 10083 to Mamuakalono and all of Royal Patent Number 3752, Land Commission Award Number 10015 to Laukini) situate, lying and being on the Northwesterly side of Lot 11 (Roadway), at KahI14 Kilauea, Hanalei, Island. and County of Kauai, State of Hawaii, being LOT 6 of this "KA.HILI MAKAI SUBDIVISION", and thus bounded and described as follows. Beginning at the East corner of this parcel of land, being also the South corner of Lot 7 and on the Northwesterly side of Lot 11 (roadway), Kahili Makai Subdivision, the coordinates of said point of beginning referred to Government Survey Triangulation Station '%A OKU" being 8,215.74 feet North and 3,544.25 feet West, thence running by azimuths measured clockwise from true, South, Thence along ]Lot 11 (Roadway), K hill Makai Subdivision on a curve to the left having a radius of 48.00 feet, the chord azimuth and distance being. 14 330 41' 01" 55.86 feet; 2 Thence along same on a curve to the right having a radius of 40.00 feet, the chord azimuth and distance being: 1 170 47' S9" 26.97 feet; 34 370 30' 315.00 feet along Lot 11 (Roadway) of the Kahili Makai Subdivision; 4, 142" 26' 1,778.53 feet along Lot 5, Kahili Makai Subdivision; 5. 212° 43' 663.86 Ppct along Kahili- Kilauea boundary; 6. 2620 17' 339.31 feet along same; 7. 3340 53' 1,801.77 feet along Lot 7, Kahili Makai Subdivision, to the point of beginning and containing an area of 27.56 acres, more or less. TOGETHER WITH a non exclusive easement for ingress and egress, over and across Lot 11 (Roadway), "Kahili Makai Subdivision ", provided that in the event the owner of.said Lot 11 (Roadway) shall at any time transfer, convey and/or dedicf►te the same to the County of Kauai and/or any other governmental agency or body having ,juri rn sdiction over public roadways for public roadway purposes, this easement shall automatically cease and terminate effective upon the date of such transfer, conveyance and/or dedication. Said Lot 11 (Roadway) is more particularly described as follows: All of that certain parcel of land being a portion of Land Patent Number 8323, Land Comnussion Award, Number 8559 -B, Apana 38, to Wm. C. Lunalilo, situated on the Northeasterly side of Kuhio Highway, F.A.P. No. S -0560 (8), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAMOICU' being 5,930.75 feet North and 4,558.94 feet West, thence running by azimuths measured clockwise from true South: Thence along Lot 2, Kahili Makai Subdivision, on a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being: 1. 219° 14' 11" 41.64 feet; 2. 1750 17' 17" 133406 feet along same; Thence along same on a curve to the left having a radius of 422.00 feet, the chord azimuth and distance being: 3. 1650 08' 38" 148.65 feet; 4. 1550 00' 120000 feet along same; 7 Thence along same on a curve to the right having a radius of 328.00 feet, the chord azimuth and distance being: 51 1790 30' 272.04 feet; 6. 2040 00' 637.46 feet along Lot 3, Kahili Makai Subdivision; Thence along Lot 4, Kahi.li Makai Subdivision, on a curve to the right having a radius of 1,528.00 feet, the chord azimuth and distance being: 7. 210° 45' 359.19 feet; 84 2170 30' 835.02 feet along Lot 4, 5 and 6, KaWli Makai Subdivision; Thence along Lot 6, Kahili Makai Subdivision, on a curve to the left having a radius of 40.00 feet, the chord azimuth and distance being: 9. 1970 47' 59" 26.97 feet; Thence along Lots 6 to 9, inclusive, Kahili Makai Subdivision, on a curve to the right having a radius of 48.00 feet, the chord azimuth and distance being: 10. 3070 30' 74.18 feet; Thence along Lot % Kahili Makai Subdivision, on a curve to the left having a radius of 40.00 feet, the chord azimuth and distance being: 110 57° 12' d1" 26.97 feet; 12. 370 30' 835.02 feet along same; Thence along same on a curve to the left having a radius of :1,472.00 feet, the chord azimuth and distance being; 13. 300 45' 346.03 feet; 14. 24° 00' 637946 feet along Lets 9 and 10, Kahili Makai Subdivision; Thence along Lot I0, Kahili Makai Subdivision, on a curve to the left having a radius of 272.00 feet, the chord azimuth and distance-being: 157 359 ° .30' 225.59 feet; 164 - 3350 00' 120.00 feet along same; Thence along same on a curve to the left having a. radius of 478,00 feet, the chord azimuth and distance being: 174 3450 08' 38" 168.37 feet; 180 355° 17' 17" 133.06 feet along same; Thence along same on a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being: 198 3110 20' 24" 41.64 feet; Thence along Kuhio Highway, F.A.P. No, S -0560 (), on a curve to the left having a radius of 1,550.00 feet, the chord azimuth and distance being: 200 85 17' 17" 113.79 feet to the point of beginning and containing an area of 3,43 acres, more or less. TOGETHER ALSO WITH a perpetual nonexclusive vehicular easement, as set forth in Declaration and Grant of Easement dated June 9, 1983, recorded in the Bureau of Conveyances, State of Hawaii, in Book 17178, Page 237; and being more particularly described as follows, EASEMENT "134" (30 feet wide) AFFECTING LOT 12 -13 Being a portion of Lot 12 -B, WAILAPA SUBDIVLSIOI`T, land situated along the North side of Kauai Belt Road and- on the Easterly side of Wailapa Stream, being portion of Royal Patent 8323, Land Commission Award 8559 -B, Apana 38 to Wm. C. Lunalilo (Certificate of Boundaries No. 30), and more fully described as follows: Beginning at the Northeast comer of this parcel of land from which point a direct azimuth and distance to the Southwest corner of Lot 12 -C, WAILAPA SUBDIVISION, the coordinates of said. point of beginning mferred to Government Survey Triangulation Station "KAMOKU" being 8,618.64 feet North and 2,212.61 feet South, thence running by azimuths measured clockwise from true South: 1, 750 00' 1151 feet along the remainder of Lot 12 -B, WAILAPA SUBDIVISION; 2. 345° 00' 99.10 feet along same; 30 75° 00' 54.00 feet along same; 44 1650 00' 30.00 feet along the center of WAILAPA STREAM; 0 5, 6. 7. 2559 00' 24.00 feet along the remainder of Lot 12-13, WAILAPA SUBDIVISION, 165° 00' 255° 00' 36° 16' 99,10 feet along same; 80.93 feet along same; 'fhence along Easement "B" (30 feet) Access Easement in favor of County of Kauai, on a curve to the left having a radius of .75.00 feet, the chord azimuth and distance being: 43" 47.96 feet to the point of beginning and containing ab area of 5,433 square feet more or less, as per survey of Cesar C. Portugal, Registered Professional Land Surveyor, dated November 3, 19824 TOGETHER WITH, ALSO, WITH Access Easement A -5 (25 feet wide) over and across Lot 5 and Access Easement A -7 (25 feet wide) over and across Lot 7, in favor of Lot 6, as granted by that certain undated Declaration Regarding Easements recorded April 8, 1993 in the Bureau of Conveyances, State of Hawaii, as Document No. 93456508, amended by that certain Amendment to Declaration Regarding Easements dated December 14, 1993, recorded in the Bureau of Conveyances, State of Hawaii, as Document No. 93- 213173, Said Access Easements A -5 and A=7 being more particularly described as follows: (AMENDED) EASEMENT A -5 (25 feet wide) All of that certain parcel of land being an Access Easement, A -5 (25 Feet Wide) affecting Lot 5, Kahili Makai Subdivision, situated as Kahili, Hanalei, Kauai, Hawaii; Being a portion of R, P. 8323, L. C. Aw. 8559 -B, Apana 38 to Win. C. Lunalilo and more particularly described as follows: Being a strip of land extending 12.50 feet on both sides of the following centerline: Beginning at the Southeast end of said centerline at the West side, of Kahili Makai Road, the coordinates of which referred to Government Survey Triangulation Station "KAMOKU' being 7,608.36 feet North and 4,117.19 West and running by azimuths measured clockwise from True South: 1. 1210 33' 56.48 feet over and across Lot 5, Kahili MAW Subdivision; 2, 1260 24' 219.70 feet over and across Lot 5, Kahili Makai Subdivision; 34 -1270 30' 134.20 feet over and across Lot 5, Kabili Makai Subdivision; 10 4.. 5. 6, 7. Thence over and across Lot 5, Kahili Makai Subdivision on a curve to the light with a radius of 60.00 feet, the chord azimuth and distance being: 1610 45' 67.54 feet; 1460 00' 493.05 feet over and across Lot 5, Kahili Makai Subdivision; Thence over and across Lot 5, Kahili Makai Subdivision on a curve to the left with 2' radius of 300.00 feet, the chord azimuth and distance being: 1850 52' 30" 105.48 feet; 1750 45' 14.34 feet to the North end of said centerline at the West boundary of Lot 6, Kahili Makai 'Subdivision and containing an area of 27,376 square feet, more or less, as per survey of Ronald J. Wagner, Professional Land Surveyor Certificate 14o. 5074, dated July 26, 1993. EASEMENT A =7 (25 Feet Wide) All of that certain parcel of land being an Access Easement, A -7 (25 Feet Wide) affecting Lot 7, Kahili Makai Subdivision, situated at Kahili, Hanalei, Kauai, Hawaii; Being a portion of R. P. 8323, L. C. Aw. 8559 -B, Apana 38 to Wm. C. Lunalilo and more particularly described as follows: Being a strip of land extending 12.50 feet on both sides of the following centerline: Being at the South end of said centerline at the East boundary of Lot 6, Ka M Makai Subdivision, the coordinates of said point of beginning referred to Govenunent Survey Triangulation Station "KAMOKU" being 8,905.09 feet North and 3,885.75 feet West and running by azimuths measured clockwise from true South: 1. 269° 2. 187° 3. 105° 30' 22.19 feet over and across Lot 7, Kahili Makai Subdivision; 30' Thenc4 over and across Lot 7, Kahili Makai Subdivision on a curve to the left, with a radius of 32.00-feet, the chord azimuth and distance being. 63.38 feet; 30' 32.80 feet aver and across Lot 7, Kahili Makai Subdivision; 11 4. Thence over and across Lot 7, Kahili Makai Subdivision on a curve to the right with a radius of 140.00 feet, the chord azimuth and distance being, 1220 02' 01" 31.86 feet to the North end of said centerline at the East boundary of Lot 6, Kahili Makai Subdivision and containing an area of 4,463 square feet, more or less, as per survey of Ronald J, Wagner, Professional Land Surveyor Certificate No. 5074, dated April 6, 1991 Subject to the following; L Title to all minerals, and metallic mines reserved to the State of Hawaii. 2. The rights of the United States of America, State of Hawaii, the municipality and the public, in and to that part of the premises in question falling in the bed of Kilauea Stream; also the rights of the riparian owners in and to the free and unobstructed flow of the water of said stream, if any. 3. Location of the boundary of the Kilauea stream, at described herein, and the free flowage thereof, as forth in the Agreement to Incorporate Agricultural dated February 18, 1982, recorded June 2, 1982 in in Book 16378, Page 307, id the effect, if any, upon the area of the land shown on Tax Plat (4) 5- 2- 0Q4�004, and set Restrictions into Instruments of Conveyance the Bureau of Conveyances, State of Hawaii, 4. Flood setback lines as shown on the map of the "KAHJL.I MAKAL SUBDIVISION ", prepared by Cesar C. Portugal, Registered Land Surveyor, dated October 27, 1981, and set forth in the Agreement to Incorporate Agricultural Restrictions into Instruments of Conveyance dated February 18, 1982, recorded June 2, 1982 in the Bureau of Conveyances, State of Hawaii, in Book 16378, Page 307, 5, Designation of Easement "D -8" for irrigation purposes, as shown on the map of the "Kabili Makai Subdivision" prepared by Cesar C. Portugal, - Registered Land Professional Surveyor, Certificate No, 2225wSE, dated October 27, 1981, and set forth in the Agreement to Incorporate Agricultural Restrictions into Instruments of Conveyance dated February 18, 1982, recorded June 27 1982 in the Bureau of Conveyances, State of Hawaii, in Book 16378, Page 307, and more particularly described as follows. Being a portion of Lot 6, Kahili Makai Subdivision, at Kahiii, Kilauea, Hanalei, Kauai, Hawaii, and more fully described as follows. Beginning at the Southeast corner of this parcel of land, being also the South comer of Lot 7 and on the Northwesterly side of Lot 11 (Roadway ), Kahili Makai Subdivision, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAMOKU" being 8,245,74 feet North and 3,64425 feet West, thence running by azimuths measured clockwise from true South, 12 Thence along Lot 1 I (Roadway), Kahili Makai Subdivision, on a curve to the left having a radius of 48,00 feet, the chord azimuth and distance being: 10 330 41' 01" 55.86 feet; Thence along same on a curve to the right having a radius of 40.00 feet, the chord azimuth and distance being: 2. 170 47' 59" 26.97 feet, 3. 370 30' 315.00 feet along same; 44 142° 26' 10.35 feet along Lot 5, Kahili Makai Subdivision; 5. 217° 30' 312.33 feet along the remainder of Lot 6, Kahili Makai Subdivision; Thence along same on a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 66 1970 47' 59" 2023 feet; Thence along same on a curve to the right having a radius of 58.00 feet, the chord azimuth and distance being: 70 2,130 44' 12" 67.59 feet; 80 3390 53' 10.00 feet along Lot 7, Kahili Makai Subdivision, to the point of beginning and containing an area of 0.09 acre, more or less. 6. Terms and provisions as contained in AGREEMENT TO INCORPORATE AGRICULTURAL RESTRICTIONS INTO INSTRUMENTS OF CONVEYANCE, executed by BETA PACIFIC, INC., a Hawaii corporation and COUNTY OF KAUAI PLANNING DEPARTMENT, dated February 18, 1982, recorded June 2, 1982. in the Bureau of Conveyances, State of Hawaii, in Book 16378, Page 3070 7. Covenants, conditions, restrictions, reservations, agreements, obligations, easements and other provisions sett forth in DECLARA'T'ION OF RIGHT OF USE dated April 6, 1982, recorded June 21 1982 in the Bureau of Conveyances, State of Hawaii, in Book 16378, Page 358, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or natural origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c) or Section 515 -6, B RS. 13 8. Covenants, conditions, restrictions, reservations, agreements, obligations, easements and other provisions set forth in DEED dated May 25, 1982, recorded June 2, 1982 in the Bureau of Conveyances, State of Hawaii, in Book 16378, Page 378, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or natural origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c) or Section 515 -6, HRS. 9. An easement affecting that portion of said land, and for the purposes stated herein and incidental purposes as provided in DEED reserved by BETA PACIFIC, INC., a Hawaii corporation, for Easement "D -8" for providing irrigation water to the owners of the property within the "Kahili M" .subdivision dated May 25, 1982, recorded June 2, 1982 irk the Bureau of Conveyances, State of Hawaii, in Book 16378, Page 378. 100 As to that portion of Lot 6 being Royal Patent Number 3762, Land Commission Award 10015 to Laukini, the right, title and interest, if any, of the heirs and assigns of Henry Long, also known as Henry Dwyer Long; heirs and assigns of Sara L. Fernandez, also known as Sara Long Fernandez; heirs and assigns of Rosalina Chandler; heirs and assigns of Rosalina Inciong, also known as Roseline Gooman Inciong; heirs and assigns of Rubin Gooman, also known as Rubin Akamu Gooman, Stuart Gooman; Aaran Gooman; Morgan Gooman; and Karen Gooman, as set forth in DEED dated May 25, 1982, recorded in the Bureau of Conveyances, State of Hawaii in Book 16378, Page 378. 11, RIGHT OF ENTRY in favor of CITIZENS j3TELITIES COMPANY dated April 27, 1982, recorded December 12, 1983 in the Bureau of Conveyances, State of Hawaii, in Book 17511, Page 488 for the purpose of granting a right of entry for the purposes of building, constructing, repairing, maintaining and operating pole and wife lines, and/or underground lines, etc., for the transmission and distribution of electricity and for communications and control circuits and other incidental purposes. 12. Terms and provisions as contained. in DECLARATION AND GRANT OF EASEMENT dated June 9, 1983, recorded July 13, 1983 in the Bureau of. Conveyances, State of Hawaii, in Book 17178, Page 237. 130 Terms and provisions as contained in DECLARATION REGARDING EASEMENTS recorded April 8, 1993 in the Bureau of Conveyances, State of Hawaii, as Document No. 93- 056508, as amended. Which, among other things, provides: maintenance cost, use of easement and applicable County of Kauai ordinances and regulations. 14. Designation of Easement "A -6 -1" (25 feet wide) for ingress and egress purposes, in favor of Lot 5, as set forth in that certain undated Declaration Regarding Easements, recorded April 8, 1993 in the Bureau of Conveyances, State of Hawaii, as Document No. 93- 0565013, and amended. by Amendment to Declaration Regarding Easements dated December 14, 1993, recorded December 231 1993 in the Bureau of Conveyances, State of Hawaii, as Document No. 93- 213173, more particularly described as hollows: All of that certain parcel of land being an Access Easement, A -6-1 (25 feet wide) affecting Lot 6, Kahili Makai Subdivision, situated at Kahil4 Hanalei, Kauai, Hawaii; M Being a portion of R. P. 8323, L. C. Aw, 8559 -B, Agana 38 to William C. Lurtahlo, and more particularly described as follows: Being a strip of land extending 12.50 feet on both side of the following centerline: Beginning at the South end of said centerline at the Northeast boundary of Lot 5, Kahili Makai Subdivision, the coordinates of which referred to Government Survey Triangulation Station "KAMOKU" being 8,507.30 feet North and 4,324:15 feet West and running by azimuths measured clockwise from true South, 10 175° 45' 366.33 feet over and across Lot 6, Kahili Makai Subdivision; 21 Thence over and across Lot 6, Kahili Makai Subdivision on a curve to the right with a radius of 90.00 feet, the chord azimuth and distance being. 2300 07' 30" 146.31 feet; 34 2840 30' 22,2,56 feet over and across Lot 5, Kahili Makai Subdivision, 40 Thence over and across Lot 6, Kahili Makai Subdivision on a curve to the left with a radius of 200.00 feet, the chord azimuth and distance being. 277° 00' 52.21 feet; 5. 2690 30' 85.79 feet over and across Lot 6, Kahili Makai Subdivision to the East end of said centerline at the West boundary of Lot 7, Kahili Makai Subdivision and containing an area of 22,451 square feet, more or less. 154 Designation of Easement "A06,,2"(25 feet wide) for ingress and egress purposes, in favor of Lots 5 and 7, as set forth in that certain undated Declaration Regarding Easements, recorded April 8, 1993 in the Bureau of Conveyances, State of Hawaii, as Document No, 93- 056508, and amended by Amendment to Declaration Regarding Easements dated December 14, 1993, recorded December 23, 1993 in the Bureau of Conveyances, State of Hawaii, as Document No. 93- 213173, more particularly described as follows: All of that certain parcel of land being an Access Easement, A -6 -2 (25 feet wide) affecting Lot 6, Kahili Makai Subdivision, situated at Kahili, Hanalei, Kauai, Hawaii; Being a portion of R. P, 8323, L. C. Aw. 8559 -B, A.pana 38 to William C. Lunalilo, (end more particularly described as follows: 15 Being; a strip of land extending 12.50 feet on both side of the following centerline: Beginning at the Southeast end of said centerline at the West boundary of Lot 7, Kabuli Makai Subdivision, the coordinates of which referred. to Government Survey Triangulation Station "KAMO KU" being 8,988984 feet North and 3,916.43 feet West and running by aiimuths measured clockwise from true South: 1. Thence over and across Lot 6, Kahili, Makai Subdirlsion on a curve to the right with a radius of 140.00 feet, the chord azimuth and distance being. 1240 32' 01" 29.10 feet; 1 1300 30' 147.50 feet over and across Lot 6, Kahili Makai Subdivision; 3. Thence over and across Lot 6, Kabili Makai Subdivision on a curve to the left with a radius of 250.00 feet; the chord azimuth and distance being. 122° 30' 69.59 feet; 44 114" 30' 105.16 feet over and across Lot 6, Kahili Makai Subdivision to the Northwest end of said centerline and containing an area of 8,805 square feet, more or less. 16: Designation of Easement "A -6 -3" (25 feet wide) for ingress and egress purposes, in favor of Lot 5, as set forth in that certain undated Declaration Regarding Easements, recorded April 8, 1993 in the Bureau of Conveyances, State of Hawaii, as Document No. 93-056508, and amended by Amendment to Declaration Regarding Easements dated December 14, 1993, recorded December 23, 1993 in the Bureau of Conveyances, State of Hawaii, as Document No. 93- 213173, more particularly described as follows: All of that certain parcel of land being an Access Easement, A -6 -3 (25 feet wide) affectitg Lot 6, Kahili Makai Subdivision, situated at Kahili, Hanalei, Kauai, Hawaii; Being a portion of R. P. 8323, L. C. Aw. 8559 -B, Apana 38 to William C. Lunalilo, and more particularly described as follows. Being a strip of land extending 12.50 feet on both side of the following centerline: Beginning on-the Southeast end of said centerline at the Northwest end of Easement A -6 -2, affecting Lot 6, Kahili Makai Subdivision, the coordinates of which referred to Government Survey Triangulation Station "KAMOKU" being 9,182.25 feet North and 4,207.51 feet West and running by azimuths measured clockwise from true South; 16 1. 1140 30' 79.46 feet over and across Lot 6, Kahili Makai Subdivision; 2. Thence over and across Lot 6, lrahili Makai Subdivision on a curve to the left with a radius of 150.00 feet, the chord azimuth and distance being: 1030 00' 59.81 feet; 3. 91 ° 30' 62.62 feet over and across Lot 6, Kahili Makai Subdivision; 4. Thence over and across Lot 6, Kahili Makai Subdivision on a curve to the left with a radius of 90.00 feet, the chord azimuth and distance being: 109° 30' 55.62 feat; 51 1270 30' 195.13 feet over and across Lot 6, Kahili Makai Subdivision; 60 Thence over and across Lot 6, Kahili Makai Subdivision on a curve to the left with a radius of 40.00 feet, the chord azimuth and distance being: 79° 30' 59.45 feet; 7. 310 30' 264.09 feet to the West end of said centerline at the Northeast boundary of Lot 5, Kahili Makai Subdivision and containing an area of 19,627 square feet, more or less. 17. Designation of Easement "A"64"(25 feet wide) for ingress and egress purposes, in favor of Lot 7, as set forth in that certain undated Declaration Regarding Easements, recorded April 8, 1993 in the Bureau of Conveyances, State of Hawaii, as Document No. 93- 056508, and amended by Amendment to Declaration Regarding Easements dated December 14, 1993, recorded December 23, 1993 in the Bureau of Conveyances, State of Hawaii, as Document No. 93- 213173, more particularly described as follows: All of that certain parcel of land being an Access Easement, A -64 (25 feet wide) affecting Lot 6, Kahili Makai Subdivision, situated at Kahili, Hanalei, Kauai, Hawaii; Being a portion of R. P. 8323, L. C. ,Aw. 8559 -B, Apana. 38 to William C. Lunalilo, and more particularly described as follows: Beim a strip of land extending 12.50 feet on both side of the following centerline: 17 4 Beginning at the South end of said centerline at the Northwest end of Easement A4-2, affecting Lot 6, Kahili Makai Subdivision, the coordinates of which referred to Government Survey Triangulation Station "KAMOKU" being 9,190.03 feet_ North and 4,194.43 feet West and running by azimuths measured clockwise, from true South: 1. 1840 00' 177.90 feet over and across Lot 6, Kahili Makai Subdivision; 2. 287" 30' 150.43 feet over and across Lot 6, Kahili Makai Subdivision to the East end of said centerline at the West boundary of Lot 7, KaWli MaM Subdivision and containing an area of 8,208 square feet, more or less. 18. WAIVER AND RELEASE by THOMAS WEINBERG dated November 4, 1996, recorded November 7, 1996 in the Bureau of conveyances, State of Hawaii, as Document No. 96= 158845 regarding indemnify and hold harmless the County of Kauai by and for the Department of Water and Board of Water Supply from any claim, action, suit or demand for issuance of a building permlt, 19. Condominium Matz No. 2797, filed in the Bureau of Conveyances, State of Hawaii. 20. Matters in an instruurmcnt that, among other things, contain or provide for easements, assessments, liens and their subordination, provisions relating to partition, restrictions on severability of component interest, covenants, conditions and restrictions, provision that no violation thereof and no enforcement of any lien provided for therein shall defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value, but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Title 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, as set forth in Declaration of Condominium Property Regime recorded September 18, 1998 in the Bureau of Conveyances, State of Hawaii, as Document No. 98- 139884. Covenants, Conditions and Restrictions, but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Title 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminato against handicapped persons, as provided in AMENDED AND RESTATED DECLARATION OF CONDOMINIUM PROPERTY REGIME OF "1IANA MELE" dated May 3, 1999, recorded May 11, 1999 in the Bureau. of Conveyances, State of Hawaii, as Document No. 99- 074248, as amended. CONSENT AND JOINDER TO said Amended and Restated Declaration and to said amendment of Amended and Restated Declaration is dated Jane 29, 1999, recorded July X19, 1999 in the Bureau of Conveyances, State of Hawaii, as Document No. 99= 115238, by THOMAS WEINBERG, unmarried. 18 i a 21. By- -Laws of the Association of Unit Owners of MANA NIELE recorded September 18, 1998 in the Bureau of Conveyances, State of Hawaii, as Document No. 98439885, as amended. CONSENT AND JOINDER TO said By -Laws and amendment of By -Laws is dated June 29, 1999, .recorded July 19, 1999 in the Bureau of Conveyances, State of Hawaii, as Document No. 99.11523Sit by THOMAS WEMERG, unmarried. 22. Covenants, conditions, restrictions, reservations, agreements, obligations, easements and other provisions set forth in Apartment Deed (Original) dated May 20, 1999, recorded July 19, 1999 in the Bureau of Conveyances, State of Hawaii, as. Document No. 99-115245, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or natural origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c) or Section 515 -6, HRS. 23. Any and all easements encumbering the apartment herein mentioned, and/or the common interest appurtenant thereto, as created by or mentioned in said Declaration, as said Declaration may be amended from time to time in accordance with the law and/or in the Apartment heed, and /or as delineated on said Condominium Map, TOGETBBR ALSO WITH all built -in furniture, attached existing fixtures, built -in appliances, water heater, electrical and/or gas and plumbing fixtures, attached carpeting, fencing, racks, landscaping, gates, driveways, sprinkler system and pots. presently situate in or used in connection with the residence located upon the above described real property. End of Exhibit "A°? 19 N O I • � Y z�o� F L o e F RXH�z� � k t r � • � `�_••`•�`, �l 11 fr1 ! �i 1, �•����4� t��t jv� 4r a Nr Li KL el •, 'Yam. r0, A f �! r, w = v � 1E OD w � ,� {ter ��' ;,�\ �_ / •••,� ` kP �. � {� {': { 4 _ ✓�..,, it ,y � <• < o N r~✓ ' � ,y, l'' -4 ��-- � —�Q��� �,,%� `j'� Aso diL rl 0• a� K o 1 h EXHIBIT "C" R 2 .._.._..._ .............. ..�•.(gpaC,+ao� ..7YLT�9°fy0... ._.r..._..._...... '• -,• 9',!d y - ......,.._-._.- 5i6`-:•ON rA j 2 .ay JUg 15 19iA W: �, rd}. an k E it y L KUH10 HIGIMAY INSET "A" Scale, IImm 140 Ft, aj �j z 3 O �--�— P! AT M ^—* eKAHl11 MAKA1 . 1AgZP/ LIS/0NftAH21r XX At1& ZAP ZEN L; — c f Y 1,= V� eea.ss 401 Q %O �rv� afondj� Lana fed (D Ulandda LJ.nr'Ird •• e `•�^ $ 4 Vol Ch�•isiJe'n Keick.dear .• `hfio Keisk_dec'd. O ° l_� ftp�� �0r --^'t ^tnrd. ;..t too to rf� n ..n7�'oVdr L.0 Aro.Y40 /S•8:fptr a •ca p 6p 6i P ��A� ; sdiaap3a;d r It V e� .o }F $j et ,� •�, a ewe ar•: j g L y� b P� �•'` 9y ,� �tatce, esrar>-s of is C •V b It gg • !1 rP!• o'6`P i 9 _ ' .t, °ff_ frtE' ,,d fro �01�` pA�> i � � � � Q �� e• r�! u o v �P. V �• s+ 37.98Ac, wo Iv to It 1176 ittt too I a� l..g� !t O" ftaeg a ' a g 46 so It or til p 27J ` �� r afzr�n.o , 1,6• . �!(y� .• l It t o. ', •13 daAf '.gyp i Ito Ott I I Y 10 to lot .,lamas K /'Y %BSer •!!Q n� o '� � r Q�••' � `•; �p , „ 3 Ay J 1. 00E4 Is on b e�eav�Pao P.xeecargs,•µs.a7,�MAo to II1 9es 4s,4ea'r =d�aa,es,eb,x,9a;34, f`s .•. 10 - / ,99,%4, 3'Ja a'1li a.4Qa j r• hh ! !9 .• • � ��,• '.°/• • • *e• ��'` iOJ'gR `, ' ` N4TEt Pareela t S•3.9 �+ EoinCL :" ?w', `' v w owned. bji sc'{.q r�eff %e, lne. A'?PABt7;kf9,iL.4! TIIRAItpD! vaam" tecaealcifl, once ' 3339AG. 4r ,, _ TAX v Its y a , m ye't . ApC6es h ' "� °� . � j: - •-� ws ! � -••nia � w • • • �' � � FOEIATH. #RItItON D1S�RIE1 ae I�UNIO" 'Ft�A9r• ,vA s -asmo sG etAi !Et kA.,UAZ. 4FYAIi .orm�r or. -2 -O. F`GAY"` '-:T ::.b+3... ro: >•. R$iG,. tEyt? a� �./ �'' a . r•.R _..p Jam. ..;¢ %•,' •• ':�.. :. .!^++::•.t,. i�k .- y'%,.,i4%- .i .i' - ' Y.,lFi. is A;F.•,= :a2Q0;FT.a :..:. ' il� T BRYAN J. 5,APTr6TE MAYOR GARY it, HEU ADMINISTRATIVE AS5I87ANT CER Stephen Northcutt 470 Carolina Street San Francisco, Ca. 94107 F COUNTY of KAUAI PLANNING DEPARTMENT 4444 RICE STREET KAPULE BUILDING, SUITE A473 LIHU'E, KAUAI, HAWAII 96766 -1326 TELEPHONE: (808) 241 -6677 FAQ # (808) 241 -6694 IAN Ka COSTA DIRECTOR OF PLANNING ImAiKALANE P. AW DFPUTY DIRECTOR OF PLANNING DATE: June 27, 2008 SUBJECT: DEVELOPMNT WITEEEN THE SMkO PEN ST -R DISTRICT TMK: (4) 5 -2421 :006 Hanalei District Kahili Makai S/D, Kilauea, Kauai, Hawau Upon the request by your agent, Bob Grinpas, the Planning Department conducted a field inspection of the sl.ibject property on January, 15, 2008 and found the following conditions that require your attention, subject to the SMA Rules and Regulations and the Comprehensive Zoning Ordinance, Chapter 8: a. Special Management Area Rules and Regulations No development shall be allowed within the Special Management Area without first obtaining a permit," The concrete masonry retaining wall and drainage sump along With the associated grading and placement of a concrete driveway is considered "Development" and requires permit application and review. b. Special Management Area Rules and Regulations Section 1y0 Pursuant 'to 1.4 (H) (1) & (2), "Development" means any of the uses, activities or operations on land or in or under water within a Special Management Area that are included below: (1) Placement or erection of any solid material... (2) - grading, removing, dredging, mining, or the extraction of any materials. The concrete masonry retaining wall and drainage sump along with the associated grading and placement of a concrete driveway constitutes development. A SMA Use Permit is required. Also of significant importance, is the location of the subject property within the Open ST R (Special Treatment Resource) zoning district. This district has specific guidelines for development and you should be aware of these conditions. Please refer to ARTICLE 9 SPECIAL TREATMENT DISTRICTS (ST) of the Comprehensive Zoning Ordinance for the specifics. AN EXHIBIT "E" royER II01A Stephen Northcutt Page 2 ;rune 27, 2008 Article 9 See, 8 -9.3 Gerrer'ully PLI•niztted Uses, S-trtrctul*c$ arad D eyelol)'meaat. All uses, structures, or development shall require a Use Permit, except repairs or' Modifications of lan.d and existing stmotures that do not substantially cbecuige the exterior form or appearance of three (3) dirlrensional structures or laud. Sec, 8 -9.4 Uses, Structures and .Deyelopmcnt Requirlug A Use Permit. (a) Any use, structure or development permitted with or without 'a Use Permit rn the underlying Use District in wlu.ch the prarcel or lot is located th, is cot -sistcnt with an apprbved plan for development in accordance with Sec. 8 -9.5. (b) JL op4jirsmor modifications of laud aaad existing smictures that substantially change tlac axterior form or appearance of tile; structures or land in a mun.ner incoalsimn' with the surrounding area within the Special Treatment Dist:ri.ct, (Ord. No. 1.64, august '171 1972; Sec. 8 -9.4, R,C.O, 1976) Pursuant to Chapter 8, Kai au C011"i7ty Code and tlru Special Management Area Rules rand Regulations, you are directed to comply with flat following: a, Submit SMA Permit Assessment Appl.lentlotr nl:ong with plains and application fees. for required Special Management Aired Use Permit and Class TV CJ°se Permit, whicli rainy be subject to approval b:� tite lCuuni Planning Cotrat'n3ssion. It is herein acknowledged that work has ceased and your agent, Bob Grinpas, has inqui.red,of requirements for tlae SMA and Class IV Use permit application. for work cosaductcd. Cite application for tiArork conducted is pending submittal tantil written notification is received for scich Tequirements. Please consider this letter' as notification of stick requirCnle3lts. Yottr continued pursuance of 'the required pcmaits is appreciated. Please; c=i.11 me or �'Iilce L aurctta at 2414677 should you have any garestiotrs, LESIIIE P. MILNES CZM Planning Inspector CM Covinty Attorney Prosecuting Attorney Office of the mayor Dept, of Public Works, Ertgincc>a ing Bob G•inpas, Owners Agent C7`±RTM ED EDUARDO E. MAI.APIT MAYOR 3una 28, 1979 COUNTY OF KAUAI PLANNING DEPARTMENT 4280 RICE STREET LIHUE, KAUAI, HAWAII 96766 Mr. Cesar C. Portugal Portugal, ibara & Associ4tes. Inc. Rice Strout, Suite 230 Lihua, 81awaii 96766 Subject:; Subdivision of Parcal Lila WaiE:akaluaa,. into Lots L -IU thru Lwl8L, $aft Caagidy /Jatmes P Subject subdivi& n was s Coumtislgion at s meeting btu granted sub eot: to the Lands Si. hru L -1g a BRIAN K. NISHIMOTO PUNNING DIRECTOR AVERY H. YOUN DEPUTY PUNNING DIRECTOR TELEPHONE 245-3919 hated in kaahili and Wrist (S^ 79"021 inclu9silve Waxed Leets 18 -J Pgul RW tad T R APPROVAL by the P lexreixing I on des zi, 1979. Final approval will condii:i.oas t 14 As re ended by t~hd State Health beprarttnent; aa) No dwe unit will be approved by the Depart meut until potable water is mach available to the subdivim aion e b) The Wa3il.hpaa Stream and Maueat Strum shall tea protected from irrigation t ailwatev runoff from farming operations, , 2.. As recommended by the Department of Waate-r; a) The subdivider prepares and Beta DOpertmetit of Water's approval of constru,att;ion plans for necessary one ait+e and Aft -site water syateM faailit^icaq Theac facilities shall include increasing the proposed . mainline ex tension for Waxil.apa Sub ivision from a 6winch t4 an 8"ina h di.azgator ma.inl.ine$ approximately 312GO feet i.rt length, begiawaing at the exci.stiug 8Fiach main at the gold Road /Kuhio Highway intersection and running Weal along Kuhiv Higlxway to the etttra nca of EXHIBIT "F" Mrs C'es$`ar Ca Fbrtugal. Page ®2m June 28, 1979 the proposed subdivisiono The subdivider shall say for all addtti.onal costa inVdIVed in the installation and enginaer t7g of the increasa in aize of mainlinem The poet of the mainline size iaeorease will uot• qualify Pot refund, The subdivider a-ball eo natruct the above facilities or post a perfotitoance bond for cone•tft- *Uan it b) Reeki.'pt is made by the IDepartftnt of the current chajrgas at that tiomew At pras&tta these Gharps are Facilities Xesyettr�a Charge for 9 additional Iota @ $150 par sp lot a 12350.. .i# by the State Land Tran,spottati.lou Facili.tias Diwi aion $ a) go access aroas along Kghto Rl,..ghway he sltot>rra od the sabdiviaion plaftsd ' b) End ptojott NoP FwO5- 61(9) and bagin ?rojeot Info, S860560(a) ba: shown on the plaza o c) load aasamttt thru Lot La*1 soh its favor at the cemetery bd shoes *n the Plana. d) Access Into 74t LA&I,SK shall; be from the subdivi.gton rand. I*veloper to relinquish to the State o4 Hawaii acosos- rights inth thin. laic t1um- the aace #a pervdtted. a-rek a a) IBaveloper to, submit request, tn, w Ling, to �:i.dea access ptrmitted width from 50 feet to 120 That for subdi,vis. oa to a.dway (Lat 181a) 6r f) Submit. three acts ai consermuction plans for our roviewT and approvaL 4 As reds etded by the Phu'blie Works DeparMant t a) Building setback liuea be established for the JoO} y�dr flOOd flows for U-14usa and W- lap'A S.txed ms and the natural, gullies which 'traverse thru the a0di vi;si= These satbaok lines shall be deta=i —tiod by drainage Otudi6# ocitYducted by the subdiViaOr 904 shall bd awb� witted to tho county for ravipwa b) if passible# the iutWoV. road. abould be rOvcated avay fTQm the curvaliaear aligamont of Kuh o Ri& -way. 5.e A IQ, fast ruture road videnin; setback lia-0 he established 81dug thQ0e aeetiona of XUhiO Highway less than 80 feet wide. Mr • Cesar Page • 3" June 2Be C• Portugal 1979 6o Aacess and utility, easements to the various Kuleanas and to and alOU19 Kilauea and Wailapa Streams SbZ.-II be ProVididd. Those easemn-ts shall be indieat,6a, on tht stibdivisjoift map, Y' 7. e - if :IY of land _ with the Park/Playground Off:. b i a'. 84 APPraval Of the cGbnstructiOU plaits for thO nete &sarY road; water* drainage$ potser gad tel00000 faoil.i,ties and either constLuatiola of Saud fatilitias or posting of a p-erEormatice bond for game • 9. The applicant is advi.aed t: Lion and user additional agencies inv6lved iu the rasp6noibilitq to resolve respective aget.cy' hat prior to aiad duri,tzg =riat xft2gW conditions My be imposed by the reviow, Xt is the applic t@ s thane ecuditions tad.th the 10. A,raas of °PBS clgsa soils Ire deli.tteatod ott the final map. 119 Priat to fi.nala alpptovals appl.iean.t comply. with provis30 no of Act 09 regarding Pt$0Y alaca goilf; by providing appropriata deed xeatriet jO1% -9, to be appt"ovad by the County for tAl 1131, al.ass soils., 12(1 All agricultural loto shall be gr:oVi.dad with aaaem�ut;s far irrigation facil.iti es b 130 Applicant infotm all purahaser.s of all conditions, and restrictions affecting the laud thro" Ugh a bVief eari,tten description of stnap a ccipy of .shish sb'all be filed with the Planning. DOP tartmellt wM- in t"O weeks of firtal. approval. • These rastr ieti6ag shall include the limited aacdLAS provi$iono imposed ity the gtate lli.ghwop Divisiono Fttr4rhe%=re, thd uzes on t;'Ite ogler AgriagItural lot& shall be l.imitecl to t'hvOe listed as "Pdrniasilsle YJses Within the " &" rAgricult"Ura.l. District" in the State Land U€ o issio-rk gules and Regulatiotta Please be advised that dvqglli ftgs on the tots. shall f�e farm dwellings as defined herein, r. °Warta i 11ingo", shall. mean a sittgl o fiiily dwelling locatad on and used iz% Oonnect ift 4ith a farm where agricultural activity, provides income to the fahily occupying the' dwe.11£ng P Theae restrictions &hall ba included in- aovftatts for the tohieia rue with the land.* Draft copies of said restrictiVO tovenanta ehall be su%itted to the PlarMing j, '"Ot ment PriOr to €ilmal aVlytoeral with the final recorded copy filed P within thretr (3) month -a after recaxdatia.n Mr. Gasar Page "4- 3une 28, C, Portugal F m Yovo are hereby infomed that the f oral eubdivi,sim map must be filed within bue yur after the tefttative approval Ute in order to obtain final approval. if no.t filed, th4 preliminat y subdivision asap and 401matructiom plant if say¢ shad becomd niAl aad void unleaa au extension of time, not to exceed sir: motitbss is granted by t'he Plann t4 Co scion. Planoing Direct-or ¢•dj �'ublid Works Dept. wd�ar Dept. Tle�tlth Dept. Ma�ror �1Yn k1G 'o EDUARDO E, MALAPIT MAYOR COUNTY OF KAUAI PLANNING DEPARTMENT 4280 RICE STREET LIHUE, KAUAI, HAWAII 96766 April 22, 1982 9RIAN K, NISHIMCITO PLANNING DIRECTOR AVERY H; YOUN DEPUTY PLANNING DIRECTOR TELEPHONE 245 -3919 !•'•i Mr. Cesar Co Portugal Portugal, Ibara & Associates, Inc, 4444 Rice Street, Suite 230 Lihue, Hawaii 96766 Subject: Kahili Makai Subdivision (S -79 -102, Paul Cassidy/James Pflueger) Subject subdivision was granted FINAL APPROVAL by the Planning Commission at their meeting held on April 14, 1982. Be advised that the final subdivision map or a metes and bounds description of the subdivision must be recorded prior to or at the time of conveyance of interest in any lot or parcel. If no such recordation is,made, all approvals shall become null and void. 0� AN NISHIMOTO Planning Director cc: Public Works Dept. Water Dept, Health Dept. Mayor Div. of Tax Maps- EXHIBIT "G " v oOE n M l •Nef6 _ ' WtlW SA1LL �� too tt . l 6 f �: i / F • 40 :............ : T. 1 go �1•, % f -. .:.� �i�: t�t�•`�a t,l t, t .•'�ao {'d.o: .i. /°„f'f,/`....•(r ^'33''- ���'r:i ,_ _rn' -��i �r a. •�}[I^: ^Y,.�' ...r,2 W' I. tr �. �/• %'F�' .. ... .. ,ia.�".. i i'.�Y vr'•�:• l4•�rL+in�•r goo��' , .�� Coo 0 Q 4 O J M I WI �i a4` +• a / / / / / 1' 0 F J 69 �• �...r.. v.... or SIN i i rr �¢I i !� . ti ) t ! j ij;i 1 1 ! Ol Mill �% "'• ;f`,•' .. Jul% / f.. "i i ter;.• w. 9,1. f,.�.X.:� f d ?.f / / / W � :7 5 �m 51 4• = j v d 3 1 \ f \ i / E IF— Q 0 o d- 3 goo��' , .�� Coo 0 Q 4 O J M I WI �i a4` +• a / / / / / 1' 0 F J 69 �• �...r.. v.... or SIN i i rr �¢I i !� . ti ) t ! j ij;i 1 1 ! Ol Mill �% "'• ;f`,•' .. Jul% / f.. "i i ter;.• w. 9,1. f,.�.X.:� f d ?.f / / / W � :7 5 �m 51 4• = j v d 3 1 \ f \ i / E IF— Q 0 d 6/ 0 c 0 C N m o � cr =rot oar In in _ y Y 41 IU �•• .. a i z ®� s•4� Q m s �� % VR P Ag gR Z 3 d loll 0(D 6) w K r N 2 SR a a r� s s IW 3e 1 i i I i i d- r- sg D J d 6/ 0 c 0 C N m o � cr =rot oar In in _ y Y 41 IU �•• .. a i z ®� s•4� Q m s �� % VR P Ag gR Z 3 d loll 0(D 6) w K r N 2 SR a a r� s s IW 3e 1 i i I i i EXHEBIT "K" ADJACENT PROPERTY INDEX T1V KNo. Name of Owners /Addresses 1. (4)5.242 -35 Charles M. Somers West Sunset 32 Phase I LLC c/o B &, Z Properties 5241 Arnold Avenue McClellan AFB, California 95652 2. (4)5- 2- 21 -5:CPR 1 Jaime L. Aireola Carol L. Arreola 4316 Kahili Makai Street Kilauea, Kauai, Hawaii 96754 3. (4)5••2- 21 -5:CPR 2 Darrin F. Shapiro Heather N. Shapiro 13450 Lake Mary Jane Road Orlando, Florida 32832 4. (4)5M2- 21 -5:CPR 3 Wayne M. Nakamura Trust Carolyn 14. Nakamura Trust 5197 Lokene Street Kapaa, Kauai, Hawaii 96746 5. (4)5- 2- 21 -5:CPR 4 Natalia Swan P. O. Box 658 Anahola, Kauai, Hawaii 96703 6. (4)5- •2- 21 -5:CPR 5 Natalia Swan P. O. Box 658 Anahola, Kauai, Hawaii 96703 7. (4)5- •2- 21 -6:CPR 1 Sain Family Trust c/o Evelyn G. S ain 31214 th Street Santa. Monica, California 90402 { w:/ DOCS/27914a1 rwo122573.DOC) {w:\DOCS 27914\1\wo122573:DOC) TM %No. Name of Owners /Addresses $. (4)5 -2 -21 -6: CPR 2 The Max & Hannah LLC c/o Ali Davoudian. 16134 Hart Street Van Nuys, California 91406 9. (4)5- 2- 21 -6:CPR 3 E. Gordon Perry 4270 Kahili Makai Street Kilauea, Kauai, Hawaii 96754 10. (4)5- 2- 21 -6:CPR 4 Somers Living Trust c/o Michael B. Somers, Trustee P. O. Box 94$ Kilauea, Kauai, Hawaii 96754 11. (4)5- 2- 21 -7:CPR 1, 2 and 3 Jessie B. Hill P. O. Box 616 Kilauea, Kauai, Hawaii 96754 12. (4)5-- 2 -21 -7 :CPR 4 Kahili Makai Holdings LLC c/o Ben Welborn P. O. Box 915 Hanalei, Kauai, Hawaii 96714 134 (4)5- 2- 21 -7:CPR 5 Larry J. Willard c/o Mozzetti, Inc. 3350 Scott Boulevard Building 24 Santa Clara, California 95054 14. (4)5- 2 -21 -8 Kahili Maaoa, LLC c/o Sussman & Associates 1222 16"' Avenue South, 3r`' Floor Nashville, Tennessee 37212 15. (4)5- -2- 21 -9:CPR I Carole B. Wells Terry G. Wells Grant 1. Wells Tiare M. Santistevan 4241 Kahili Makai Street Kilauea, Kauai, Hawaii 96754 15. (4)5- ,2- 21 -9:CPR 2 Robert J. Capwell (W:\DOCS\27914 \3 \WO122573.DOC) { W :/DOCS/27914/l/W0122573.DOC} -2- 4301 Kahili Makai Street Kilauea, Kauai, Hawaii 96754 (w:\aocs\27914u\wa122573,naC) { W :/DOCS/27914/1/W0122573.DOC} -3- MIC.. No. , Name of Owners/Addresses 16. (4)5- 2 -21 -9 :CPR 3 IT (4)5- 2- 21 -9:CPR 4 18. (4)5- 2- 21 -9:CPR 5 Tarec Louka Yumiko Louka Matar Family Limited Partnership P. O. Box 223667 Princeville, Kauai, Hawaii 96722 Restated Handler Fanuly Trust c/o Stephen J. Handler 4351 Kahili Makai Street Kilauea, Kauai, Hawaii 96754 Rani M. Marley Family Trust P. O. Box 236 Hanalei, Kauai, Hawaii 96714 {W:\DOCS\279 4 \1 \W0322573.DOC} { W :/DOCS/27914/l/W0122573.DOC) -4- Newly Planted Tkees on Kah.ill Halo i ..'( �I:.. i4. :A'X••.- /.'••na.wal. ".asp%4•: ruin :CF:F.V41. "✓2wY:.JLb:�.: {a.: L.::. A::: •• `. •.••... M'v:C "K.J.v..^^PCnCi Upper Hillside Name i Sought e _ ....'y:' •NU)rt- :;:C:/biYY. i-V:.: .... :: �' V2V. 4�:. .aJA� °:(J�YY�ty' >�4.i:Ye1� \S: Flal.pf.'W :':: :4'4 ..:� 2. °.�Y: J.y. �:Vle•.`•i:} i TangelolTangor Dwarf 2 Dancy Tangerine Dwarf 3 Eureka Lemon Dwarf 4 Clementine Tangerine Dwarf 5 Kaffir Lime Dwarf 6 Fremont Tangerine Dwarf 7 Cara Cara Orange Dwarf 8 Star Ruby Supreme Grapefruit Dwarf 9 Myers Lemon Dwarf 10 Tahitian Lime Dwarf 11 Kaffir Lime Dwarf 12 Calmito: Haitian Purple Starapple 13 Acerola or Barbados Cherry 14 White Fig Standard size 15 Macadamia Nut Standard 'Kau' varietal 16 Surinam Cherry 17 Surinam Cherry 18 Cinnamon tree, Standard 19 Surinam Cherry 20 Surinam Cherry 21 Surinam Cherry 22 Surinam Cherry 23 Surinam Cherry 24 Ulu, Breadfruit, standard 25 Sunrise Papaya 6" 26 Sunrise Papaya e' 27 Sunrise Papaya 6" 28 Sunrise Papaya 6" 29 Sunrise Papaya 6" 30 Sunrise Papaya 6" Description i Unit Price Date.olanted Care notes Sought E - Minneola Tangelo, grows 10 -15' 33.00 6.23.07 Fert 11.07 - Growing G Easy to peel, prolific, grows 10 -15' 33.00 6.23.07 Fert 11.07 Growing G Tart pink flesh, oily peel great for zest 33.00 6.23.07 Fert 11.07 Growing G Mandarin, rich flavor, grovis 1Q -15' 33.00'6.23.07 Fert 11.07 'Growing G Thai lime, double edible leaves, medicinal 33.00 °6.23.07 Fert 11.07 Growing G -Early season, grows 10 -15' 33.00 °6.23.07 Fert 11.07 Growing G grows 10 -15' 33.00'6.23.07 Fert 11.07 Growing G seedless, red flesh, 10 -15' 33.006.23.07 Fert 11.07 Growing G round fruit, prolific, 10 -15` 33.00 6.23.07 Fert 11.07 Growing G seedless, commercial, 10 -15" 33.00 6.23.07 Fert 11.07 Growing G Thai lime, double edible leaves, medicinal Keep ph neutral or slightly acid 40.00 6.23.07 Fert 11 -07 Growing G Highest nat'I source Vit C 25.00 6.23.07 Fert 11.07 Growing G Self Pollenating, keep height pruned 30.00 6.30._07 Fert 11.07 Growing G large high quality nuts, high productivity 50.00 6.30.07 Fert 11.07 Growing G can be grown as a hedge, high Vit C 25.00 6.30.07 Fert 11.07 Growing G 'can be grown as a hedge, high Vit C 25.00 6.30.07 Fert 11.07 Growing G cut down ev 2 •yrs let branches grow back 25.00 6.30.07 Fert 11.07 Growing G :can be grown as a hedge, high Vit C 25.00-7.7.07 Fert 11.07 Growing G can be grown as a hedge, high Vit C 25.00 7.7.07 Fert 11.07 Growing G can be grown as a hedge, high Vit C 25.00 7.7.07 Fert 11.07 Growing G can be grown as a hedge, high Vit C 25.00 7.7.07 Fert 11.07 Growing G can be grown as a hedge, high Vit C 25.00 7.7.07 Fert 11.07 Growing G poor wind, salt and drought tolerance, 60' 50.00 7.14.07 Fert 11.07 Growing G 3.00 7.14.07 Fert 11.07 Growing G 3.00 7.14.07 Fert 11.07 Growing G 3.00 7.14.07 Fert 11.07 Growing G 3.00 7.14.07 Fert 11.07 Growing G 3.00 7.14.07 Fert 11.07 Growing G 3.00 7.14.07 Fert 11,07 Growing G Inventory List 10127/2009 Plants i`Makai ManaMele Lot 5 Cultur.al, Culinary, Med�clra i Where foound und Name Description Planted .._.... _...._. .. r�.....,. ��:_ a- a:�,�w..e�:l.�.- so:r,- :yir_x�_. :.. e:• s.:..:_. o.:>;::::.w.::.:a.— u�.:::.v:.�. '. cwxr_�:ra;wr.:.: ��'r•rew�':.i;.::r. v rv.:��.,: ev.. s:a._:. ../r'e'tiOn. :. et:- tti}- l�iin �'e ....+.W '.....= �tiV': S�i�A"_' Y..:. 2:. J..-' IYNG��^ fn:: 3}.: 5.•.• . �^ ��Y- ✓e.:ku.i}'i.]'b:L^..•.u.�`:: F.L't .T{ Ae'ae Bacopa, Water Hyssop,Bacopa monnieri 10.22.07 Kauai Nurs Akia Thymelaeaceae, Wikstroemia, uva -ursi 5.7.07 H. Depot Akulikuli Sesuvium Portulacastrum, suculent, salt regulator 10.22.07 H. Depot Alahe'e 10.22.07 H. Depot Aloe 4 Ig specimens, have not yet flowered 9.20.07 S. DeRoos Awa Hawaiian 6.18.08 Farmers Mkt Awa Tongan 9.20.07 Kelepi Awapuhi multiple varietals, including type used for cooking 9.27.07 Farmers Mkt Banana 9.20.07 on property Basil 2 plants 8.2.07 H. Depot Bitter Melon 10.20.07 on property Black Kalo Black, 6 ig plants great for making taro chips 6.30.07 G. Greens Blue .Elderberry organic 5.7.07 H.Herbs Blue Vervain on property Boneset organic 5.7.07 Horizon H. Comfrey 12 specimens growing strong, chickens got the rest 4.20.07 Horizon H_ Catnip 11.2.07 H. Depot Coconut Samoan on property l=ava Bean 9.21.08 Paul Massey Garlic Chives 11.2.07 Growing G. Bamboo Giant Golden Mauai Potato 2.07 gift Nina Hina Ewa Federally Endangered Species list 1.4.08 Home Depot Hono Ho_no Wandering Jew on prope!-ty mint mentha spicata- larger, wider, paler leaves 6.9.08 Walmart Iliau Kauai Greensword, in Silversword Alliance } Rare endemic native Hawaiian 10.22.07 Home Depot Iniko more than I can count, very healthy specimens Heals the liver, harvest tops, make a tea on property Ko, Sugar Cane 10.22.07 Kelepi mm Kull Kului Lau Kahi Lavendar Lemon Balm Lemon Thyme Maile Maile Honohono Mai'pilo Majoram Ma'o Mauna Kea, Molokini IN Na'u Nf fo Noni Ohai Olena Oregano Papaya Parsley Penny Wort Peppermint Pineapple Pohekula Pohinahina Popolo Rosemary Sage Thyme UkiUki Valerian Wood Betony I Yam trees currently sun heated leaves used as poultice for arthritis, grows wild topiary or 6.' tree, used to make haku leis male and female French wild Huluhulu, Hawaiian Cotton eat seeds in pod to kill worms Hawaiian Gardenia Hawaiian Chili Pepper longevity, immune system boost, relative to Monkeypod synergistic with other Hawaiian warriors for infec, inflam, pain Philipino 11 on hillside 1, 4 in new area, B more coming flat leaved aquatic plant for cottage's front water pond oxygenates the blood digestive aid Gotu Kola Vitex family Asthma remedy, can make tea from leaves, eat purple berries Rosmarinus officinalis, Lamiaceae (mint family) culinary and medicinal Thymol is essential ingredient of Listerine, disinfectant Dianela Sandwicensis Indian Valerian, Valeriana Jatamansii, organic organic, 2 plants (Seeds harvested from Waipio Valley, Big Island on property 10.22.07 Home Depot 9.6.07 Horizon Herb Kauai Nurs Home Depot H. Depot Ken Bernard Home Depot Kelepi Volunteer 4 plants 10.8.07 H. Depot on property 8 mature plants H. Depot Home Depot Home Depot leaves for cordage, berries to dye kapa 10.22.07 H. Depot Horizon Herb Horizon Herb brown tubers above ground edible, healing Paul Massey Floyd Miller on property 1022.07 Home Depot G. Sakai 3.22.07 Home Depot 5.7.07 Home Depot 11.2.07 Home Depot 4.20.07 Home Depot 8.17.07 Home Depot 11.2.07 Home Depot 10.22.07 Home Depot on property 10.22.07 Home Depot only 20 of these left in the wild 9.6.07 Home Depot 9.6.07 K Mart on property 10.22.07 Home Depot 9.6.07 Horizon Herb Kauai Nurs Home Depot H. Depot Ken Bernard Home Depot Kelepi Volunteer 4 plants 10.8.07 H. Depot on property 8 mature plants H. Depot Home Depot Home Depot leaves for cordage, berries to dye kapa 10.22.07 H. Depot Horizon Herb Horizon Herb brown tubers above ground edible, healing Paul Massey White Yam Yarrow Ko Tapioca Pele foot long starters organic Ashwaganda Sugarcane 200 planted - Tongan green herb from Regenerations, Kauai 9.21.08 Paul Massey Horizon Herb Kelepi Kelepi .�... ...i...,.... ; :: ... ....:. . dE: {; �� '4t +? �. 4fif .'i' ABSTRACT At the request of Cheryl Schenck, Scientific Consultant Services, Inc, (SCS) in association with Applied Planning Services, conducted an 'archaeological inventory survey of a27.56 acre parcel in Kahili Ahupua'a, old Koolau District, Kauai Island. (TNa 5 -2 -21: 6). Investigations identified and catalogued 56 surface features in the project area. Sub- surface testing did not recover significant cultural material. No further work is recommended other than a Preservation Plan and a. Burial Treatment Plan acceptable by the State Historic Preservation Division. 4 � Ir: I��aai:l ;, iAli 1 r " •ti -. Ii 1 .1 1 r i 1 TABLE OF CONTENTS ABSTRACT.................................. ............................... i INTRODUCTION.............................. ........................:.....1 PHYSICAL SETTING ....... ............................... 1 GEOLOGY .. 1 PROJECT AREA .......................... ..............................1 SOILS 4 VEGETATION.................,......... ..............................4 TRADITIONAL AND HISTORIC SETTING ...... ............................... 6 POLITICAL BOUNDARIES ................. . ............................ 6 TRADITIONAL LAND USE .. w # .400.0 ..... ............................... 6 THEMAHELE ........................... ................:.............9 POST- MAHELE LAND USE .............. ............................... 10 PREVIOUS ARCRAEOLOGY ................. ............................... 13 i SETTLEMENT MODEL ... ................ ............................... 14 METHODOLOGY ......:................... FIELD METHODS ............... . 4444 . INFORMANT ............... LA:B ORATORY METHOD S ......16 FIELDWORKRESULTS ...................... ............................... 16 SITE50 -03 -04 -632 ........................ .............................17 FEATURE DESCRIPTIONS ........ ............................... 24 SUBSURFACE TESTING .......... ............................... 35 Shovel Probes ................. .............................35 Stratigraphic Trenches ........ .......:....................... 37 SITE 50 -03 -04 -633 :....................... .......................:.....43 LABORATORY ANALYSIS ......... ............................... . ..... I ... 46 DISCUSSION.................................. .............................46 SIGNIFICANCE ASSESSMENTS AND RECOMMENDATIONS . . . . . . . : . . . . . . . . . . . 46 REFERENCES CITED ... ............................... .................. 49 Ik LIST OF FIGURES Figure 1: USGS Map of Anahola Quadrangle Showing Project Location. 1 1 1 1 .. 1. 1 4. 1 0 0 0. 0 2 Figure 2: Map of Project Area, Showing LCA's, Archaeological Features, and Excavation Units, Figure 3: View of Floodplain ...... ..........•.•...,....•..•'',a,, 1101.....5 Figure 4: Overview of Overgrown Landscape. 5 Figure 5: Old Map of Kaua'i ............. . 10..01. , .............. , , .... , 1..111... 12 i Figure 6: Map of Features I through 9, Site 50- 03 -04- 632 ............................. 20 f Figure 7 :.Map of Features 11 through 18, Site 50.:03,,04,­632. k , a I 1 11 1 1 1 21 Figure 8: Map of Feature 19, Site 500,03,,04-632. a 1 6 a I I V I a a I 1 1 4 . ..................... 22 Figure 9: Map of Features 20 and 21, Site 50,­03-04­,6321 ............................. 23 Figure 101 Southwest End of Feature I ............... . ........................... 24 Figure 11.; Cupboard at Feature E. ........... ......................... 25 Figure 12. View to South - ...... • ` . ' • East of Feature 2A, Showing Wall between Bedrock. 26 Figure 13: View of Feature 8B. ............. ............................... , ... 28 Figure 14„ View of Features 8G and 8H. N ...... 1 4 , , .. • . • • . • ..... • " , 29 Figure 15: View of Front Bedrock Side of Feature 8H. 30 Figure 16: View of Stacked Section of Wall at Feature 12. ................, ............ 31 1 Figure 17: Overview of Feature 13, .................... 32 ........... . . . 1111 , ....... J Figure 18: View to South -West of Feature 17A Alignment. . 3 3 Figure 19m Stacked Wall Section of Feature 1SAO ... *let ..... a , , 1 0 4 1 ..... , ...... , ... 34 Figure 20: Profiles of Shovel Probes (SP -1 through SP-4). ............... : w l a# : :: ; a ; . 36 Figure 21: North- Facing Profile of ST- 1....... lot . . 38 Figure 22: View to South -East of ST- 1... .......... ............................... 38 Figure 23: North - East - Facing Profile of ST-20 a a I all*@ 0 poll''M 10*0# *1 V 19,11119& 0114 3 9 Figure 24: View to North -West of ST -2. ... , 1111 ... ............................... 39 Figure 25: South - Facing Profile of ST- 3 ......... . . ............................... 40 Figure 26: View to South -East of ST-3. . ............................ 40 Figure 27% East - Facing Profile of ST4 . ............ ............................... 41 Figure 28:. View to North -East of ST- 4 ........................ • • , ' , 4 • • 41 Figure 29: Front View of House at LCA 10015, Site 50 -03 -04 -633. 43 Figure 30: Overview of Site 50 -03 -04 -633, Showing Burial Location and Back of House at LCA 10015 ........ ........................... .............................44 Figure 31: Map of Site 50 -03 -04 -633. 45 LIST OF TABLES Table 1: Land Commission Awards in the Project Area ............................... 9 Table 2: List of Identified Archaeological Features in the Project Area : ... . ............ 4 17 Table 3: Stratigraphic Descriptions. 42 ill. i INTRODUCTION At the request of Cheryl Schenck, Scientific Consultant Services, Inc. (SCS) in associa- tion with Applied Planning Services, conducted an archaeological inventory survey of a 27.56 acre parcel in Kahili Ahupua'a, old Koolau District, Kaua'i Island (TMK 5 -2 -21: 6) (Figures 1 and 2). The field work was conducted by Bordena Burgett (Project Director) and Leina'ala Benson (Field Assistant) in June, 1997. The background, archival research, and laboratory analysis was done by Leann McGerty (Project Supervisor). Robert L. Spear, Ph.D., served as Principal Investigator on this project. PHYSICAL SETTING GEOLOGY Kauai, the oldest and fourth largest of the eight main Hawaiian islands (with land'area equaling approximately 1,432 square kilometers), was formed from one great shield volcano. At one time this vast volcano supported the largest caldera in the islands, horizontally extending 15 to 20 kilometers across. Mt. Wai'ale'ale, forming the central hub of the island, extends 1,598 meters a.m.s.l. Topographically, Kaua'i is a product of heavy erosion with broad, deep valleys and large alluvial plains. The project area is located on the northeastern side of the island, more than half of which is covered by lava from the Koloa Series that is circa .1.5 million years old. Kilauea Bay is within close proximity of the project area. The bay contains the only tuff cone on Kauai (Macdonald et al. 1970:451 -461). PROJECT AREA The project area is located hi the ahupua'a of Kahili which consists of approximately 1,396 acres on the northeast coast of Kaua i. Kdhili is a typical ahupua'a in that it originates in the mountains, at the ridge that separates the districts of Hanalei and Kawaihau, and extends to the ocean at Kilauea Bay. In between the upper and lower limits of the ahupua'a are lands that would have been suitable for kola agriculture and small, wet gulches and ravines appropriate for other culti)(ation. Kilauea Stream extends from the mountains through the ahupua'a but then becomes part of the boundary between the ahupua'a of Kahili and Kilauea, near the project area. 1 N Y• poll QQ CD H 4 0 C!� Q (V n w O H rryyF�.+�• UY +-1 n w rvr PROJECT AREA t�, �Mokuaeae ' K 1 LAUEA NATIONAL to • t } {llauea Point WILDLIFE REE'UCE ISLMID OF KAUAI t+takolea 6. ftahapii) ' Point p 24 km. K• aPea` :,` '`` Hock Grate i sout&: oo will IL a A Wo • �-.•.� ; ' it wet ; to of ZIP i6 -4 (� °� Kilauea Bay � 5 � -•C 4 000, 4 o ^^ �• At � ? r• 7., 1'T of t..t\�st+ja y --�' i �1t.l. 9ginl IF I }1} 1. L d K�liiliP �j fni as =a x:, a ?�?.3 ' \ "' •- ' i7'1 -•., too L y Kilauea -_ \ u -' Pohak } -4 Pack i i• a ,, 1 �1 Kapinao- ) oral Malutnal{I rL PROJECT ARE -�-- -_11!' ;. ; 8_._ •�_•'\ t:l itelau ,� to jw..) to 6 so 16 •ti.L�:" ^'• •/ ' l• l� y0'..- •�i .♦il` 20a•=- :.•1.- ��;.- �. •f =/ ,•- �, `'� •{ t V �' ' J $,ilauea .. ��� lfitoucq: / elf~ v + i / , otNo cl " :'! Sch ') .r.' it (ails .a Iota ON a 1. a +tCit V s to 't � 0 b 1 a _ F-A . E -.r { =_1 6: 1= r 1" :: 1 :' I. e+! }t ,� �., ss,t;rtx,tt;ut -- .:A:i •fit ,� • "y' 1 Cy ReAe 1 +O iY p e =ca :.i -:{ : i�d : Lit.: f_-cT K11.0l.tETEft .1 '% Stream __ - ---" ' 5T -I ST -3 Projected `;`` b House Location �� OST-4 Fe ����` ST -2 0 Ft.14A 0 %�� l� Ti Fc.14$,�'Fe.IS It.I M t .Fe.I2 Fe.17B Fe.18 Pc,1 I Fa.9 p Fe. &� Fe.7 �Fa.2 �Fo.3 .` rr \ \Fence .5 55 .4 55 t Road Fe11� ti Fa.20O LCA 10015 rr t r r r r r i 5 i Fe. 19 FeAV i ,' Disturbed r r 5 t t V t 1 i 1 1 1 0 r 140 280 ` LCA 90 Ap.2 LCA 9067 Ap.I Scale Approximate Figure 2: Map of Preject Area, Showing LCA's, Archaeological k'eatures, mid Excavation U1uts. The current project area consists of an approximately 27.56 acre parcel bounded by Kilauea River on the northeast and Kahili Makal Street on the southeast. Approximately four acres across the southeast end of the parcel are former polo fields that have have been cleared and leveled. Beyond the leveled area, bedrock outcrops form moderate to steep slopes falling to the J setback above the floodplain. Two winding dirt roads cross the area, one approximately midway down the slope and the other following the high outcrops above the floodplain. Areas of disturbance are apparent along the eastenz boundary from the Lower road to the top of the outcrop slopes. SOILS Soils found within the project area are of two types (Foote et al. 1972:Map sheet 25). The Mokuleia clay loam., occurring in the floodplam region, consists of poorly drained soils that formed on recent alluvium deposited over coral sand. These soils are shallow, nearly level, and can be found from nearly sea level to 100 feet above mean sea level (amsl). The annual rainfall ranges between 50 to 100 inches on Kauai and the mean annual soil temperature is 74 degrees (ibid.:95). The second soil series present in the upland portion of the project area is Puhi silty clay loam. This soil is derived from basic igneous rock and is nearly level to steep.. They series ranges in elevation from 175 to 500 feet with a mean annual soil temperature of 73 degrees (ibid.:115), VEGETATION The 27.56 acre land parcel, which composes the project area, consists of a stream floodplain, natural flat benches above the stream, upland pasture areas, and intervening sloped areas. The parcel overlooks and includes the floodplain of Kilauea River, previously known as Kahili River (Figure 3). The landscape is largely overgrown, and identification of archaeological features was rendered difficult (Figure 4). The entire project area has been dramatically altered from its traditional Hawaiian landscape. Exotics are prevalent with only a few native plants surviving. All botanical identifications are from Wagner et al. 1990 or Valier 1995. Within the general area of the project, vegetation directly adjacent the river included papyrus (Cyprus papyrus), lantana Lantana sp.), kkJnia haole (Datura stramoniurn) , 'oi (Stachytarpheta dichotoma), liliko'i (Passiflora edulis), 'iUrna (sida fallax), none (Morinda El d O w 4-i O 3 6 U id tn O ti b0 N A N' Ito r. citrifolia), -white ginger (Hedychium coronarium), cat's claw (Macfadyena ungis- cati), 'ekaha (asplenium nidus), Java plum (Syzygium cumini), hau(Hibiscus tiliaceus), Christmas berry (Schinus terebinthifolius), kukui (Aleurites moluccana), waiawl `ulaVa (Psidium cattleianum), coconut (Cocos nucifera), kz (Cordyline fruticosa), banyan (Ficus microcarpa), mango (Mangifera indica), octopus tree (Brassaia actinophylla), and various exotic grasses. The natural terrace has been grubbed leaving sections of'oi, cats claw, lantana, k& nia, liliko'i vines Whna, noni, moa (Pislotum nudum), Java plum, kukui, octopus tree, mango, guava, African tulip (Spathodea campanulata), waiawr Aula'ula, tamarind (Pithecellobium dulce), and assorted grasses. Avocado (Persea americans) trees occur on the southern slope extending to the top of the rise. The remainder of the project area above the natural terrace consisted of the flats which were once planned as a polo field, but has been planted in exotic grasses. TRADITIONAL AND HISTORIC SETTING POLITICAL BOUNDARIES Approxizndtely 600 years ago, the native population had expanded throughout the Hawaiian Islands to a point where large political districts (moku) were formed. These districts j were maintained in their original state through post - Contact times (Lyons 1903:29, Karnakau 4 1991:54). Kauai consisted of six moku; Kona, Puna, Koolau, Halele'a, Napali, and Waimea (Moffat and Fitzpatrick 1995:23). Further traditional land divisions within the moku were ahupua'a which ideally incorporated all the natural resources necessary for sucdessful living strategies. The project area is located on the northeastern side of the island, in the ahupua'a of Kahili between the ahupua'a of Kiluaea and Papa'a, which was in the old naoku of Koolau. TRADITIONAL LAND USE Traditional patterns in land use are based on what was recorded at the time of westem Contact and shortly thereafter. No mention was found in any stories or legends concerning Kahili. There are no known early descriptions of Kilauea, Papa'a, or Kahili. Still, utilization of the land and subsistence strategies were the same throughout the Hawaiian Islands, with [V J 1 allowances made for certain regional modifications. The Hawaiian economy was based on agricultural production and strongly augmented by marine resources. Extended household groups settled in the various ahupua'a, considered the most significant land unit by the maka'ainana (commoners). Here, they were able to harvest from both the land and the sea. Ideally, this allowed each ahupua'a to be self - sufficient. Typically, maka'ainana livf,d near the shore, traveling inland for agricultural and aibor- icultural pursuits involving kalo (Colocasia esculenta), 'Ulu (Artocarpus altilis), 'uala (Ipomoea batas), ka (Saccharum officinarum), maCa (Musa sp.), wauke (Broussonetiq papyrifera), and other subsistence crops. Depending on the distance from the shore, there might have been temporary habitation or, at least, some form of temporary shelter near gardens (Cordy 1977;14). Trails led from the fields into the forest zones where trees -to manufacture canoes, bird feathers, and other resources were available. Some localities had named swidden gardens, or 'okipu, in the forest as an important part of their subsistence strategy (Kirch and Sahlins Vol 1. 1992:212; Kirch. and Sahlins Vol. 2 1992:23,99; Earle 1978:156). Leeward slopes were cultivated as well as valley bottoms. Lo'i systems (irrigated pondfields for kalo) were extremely productive and were established whenever poss }ble in the appropriate landscape. In island valleys, these were usually situated on the alluvial flats. Narrower river valleys were typically defined by cultivation occurring on bends in the stream where alluvial terraces could be modified to take advantage of the stream flow (Kirch and Sahlins Vol. 2 1992:59; Earle 1978:31, 155)4 In 1892, Dole described the agricultural resources on Kauai and referred to Kilauea, the ahupua'a directly to the west of Kahili, by saying "great engineering enterprises were undertaken, such as irrigation systems of Wahiawa, Kapaa, and Kilauea on the island of Kauai." He continued: ... The antiquity of some of these is so great that even tradition fails to account for their origin, as in the case of the parallel irrigation ditches at Kilauea, the digging of which is attributed by the Hawaiians to the fabled moo, or dragon" (Dole 1892). Kahili Stream and especially its tributaries Punananoa, Kanoa, and Kaluakala, contained irrigated terraces. Handy (1940:70,71) described the resources of Kahili Ahupua' a and its neighboring Kilauea ,Ahupua'a. Punananoa Stream flowed into Kilauea River and contained a 7 a .I group of terraces, named Kupai, that supported kalo. Below Punananoa were Kanoa and Kaluakala (Kaluamakua) Streams that watered terraces along Kilauea River. Handy (1940) states that traditionally, the terraces on the south side of the lower Kilauea River belonged to the ahupua'a of Kahili and those on the north side of the lower Kilauea River belonged to Kilauea ahupua'a. Handy and Handy (1972:421) report that the kula land of Kahili was good for sweet potato cultivation as the narrowness and depth of the gulch containing the Kilauea River pre- vented the development of lo'i on the kula lands. Terraces for kalo are not found further than one mile up Kilauea River. Immense changes began to occur to Hawaiian traditional society with the intrusion of western lifestyles, first introduced on January 19, 1778 with the arrival, however briefly, of Capt. James Cook. The earliest map drawn of Kauai was from Vancouver's 1792 -94 expedition. The Baker chart shows the coast where the project area is located but gives no other information. This map was the basic map for all of Hawaii for the next 80 years .(Fitzpatrick 1986:40). In the 1830's, the missionaries completed an island wide survey map which was then recopied by Ursula Emerson of Waialua, Q'ahu. The name "Kahili" appears above Waiakalua, denoting on a map, for the first time, the project area ahupua'a. In 1835, the newspaper Ke Kumu reported 80 adults and 11 children living in the Kahili- Kilauea area. The 1847 census, conducted on the population of northern Kauai, reported 240 individuals living within the Kahili- Kilauea area (Schmitt 1969). A description of the eastern side of the island was given in 1849 by William DeWitt Alexander who took a tour of Kaua'i. Riding on horseback, he traveled through the northeastern side of the :island eventually arriving in Hanalei. Kilauea Stream, which flows past the project area, was known as the Kdhili Stream/River at this time. ... But the beauty of the country was the abundance of water. Every valley, large or small had its stream. About five miles from Anahola we crossed Molowa [ Moloaa] valley a most beautiful spot. There is a village here ... The country near this place has been lately burnt over, but the vegetation is springing up anew. A ride of five miles from this valley over hill,-and dale, brought us to a grove of venerable.kukui trees ... A little farther on we entered groves of hala, through which we continued to ride during the rest of our journey. W e turned from the road to seethe falls of the Kahili river. Though not large they are beautiful. Here the river falls in a jet of foam over a precipice of about•40 feet into a broad clear basin below. (Alexander 1991). J THE M AIIELE Western culture brought new concepts to Hawaii. To protect Hawaiian sovereignty from foreigners, Kauikeaouli was forced to establish laws abruptly changing the traditional Hawaiian. society to that of a market economy. Among other things, the foreigners demanded private ownership of land to insure their investments. Once lands were made available and private ownership was instituted, .native Hawaiians were able to claim plots they were cultivating and living on. Prince William Lun.alilo was awarded the ahupua'a of Kahili during the Mahele of 1848. Only nine land claims were made by the maka'ainana in the ahupua'a of Kahili, with eight being awarded (see Figure 2). The eastern flood plain and. slope of the Kilauea River supported 20 individual Io'i as well was house sites and kula land. According-to native and foreign land testimonies (Table 1), there was also noni (Morinda citrifolia), wauke (Broussonetia papyri era), and oranges under cultivation, Table Ia. Land Commission Awards in the Project AJ:ea LCA. Claimed by Description 9067 Keo 7 Io'i (in 3 apana) in Kahili; 1 house lot in Kilauea 10013 Leimanu houselot on bench and kalo lands (2 apana); 2 Io'i (in I apana) on bench lands 10013 -B Mokuhali'i kalo and kula lands on the floodplain (I apana); house site on bench lands (1 apana) 10015 Luakin i kalo and kola lands 10083 Mamuakalono 1. Io'i on the floodplain Five of the LCA's listed in Table 1 were located within, or adjacent, to the 27.56 acre parcel which includes the present project area. These LCA's included numbers 9067, 10013, j10013 -B, 10015, and 10083. 0 Keo (LCA 9067) was awarded seven lo'i in KM-Ali (apana 1, 2, and 3), and a house lot in Kilauea (Land Commission Awards [LCA] Book, Vol. 6:339). The Native Register showed that in 1848 he also claimed two mala of wauke, which apparently he did not receive several years later with the award. All seven of the lo'i for LCA 9067 were divided between three apana which were located on the stream floodplain (apana 1, 2, and 3). Leimanu (LCA 10013) was awarded a houselot (apana 2) an the bench land and kalo lands (apana 1 and 3), on the floodplain (LCA Book Vol.4 :422), and two lo'i (apana 2) on the natural bench. Mokuhalii's (LCA 10013 -B) award included two apana. apana 1 was kalo and kula, located in the floodplain. apana 2 was a pahale (housesite) located on the bench (LCA Book Vol. 6:334). 4:431). Luakini's (LCA 100 15) award in Kahili consisted of kalo and kola (LCA Book Vol. Mamuakalono (LCA 10083) was awarded one lo'i located on the floodplain (LCA Book Vol 4 :432). Two other awards (LCA 10082, 10333) located to the east and west of the project area specify the same land use, that of kalo and kula. The pattern of land use in the 1840's and 1850's is one of subsistence cultivation and habitation and reflects traditional Hawaiian settlement pattern (see Kirch 1985, Cordy 1977). POST- MAHELE LAND USE Sugar was to become a lucrative endeavor in the Hawaiian Islands, consuming large tracts of land and requiring much labor. As early as 1820, a man named Samuel Whitney was producing molasses in Waimea on Kauai. Due to an influence by missionaries in an effort to "raise the desperate condition of the mass of Hawaiians ", a large section of land was obtained in Koloa Kauai by Ladd and Company to grow sugar cane and involve the natives in western farming methods (Joesting 1984), Soon in after, other ventures and plantations appeared throughout the island. Populations shifted from places like Anahola Valley, Moioa'a, Kalihi'wai and Waipouli in Ko'olau to centers of activity around the sugar mills and harbors in Koloa, Kedlia, Lilxu'e, Niumalu and Ndwiliwili (ibid. :250). Charles Titcomb had arrived on Kaua'i in 1836 originally to raise mulberry trees in Koloa. After a number of natural disasters occurred destroying his silk worm crop, Titcomb obtained land in Hanalei and the entire ahupua'a of Kilauea from Kamehameha the IV for $2500 where he started a coffee plantation (Joestmi g 1984:139, 147, 148; Fredericksen 1989:7). The Hawaiian population had been steadily declining since the introduction of foreign diseases from which the natives had no immunity. As many workers were needed for the large plantations, the Royal Hawaiian Agricultural Society, began importing Chinese laborers in 1852 (Joesting 1984:159). By 1882, nearly 15,000 Chinese had been brought to the Hawaiian Islands to work the land (Ibid.:222). Many of these migrant workers settled on Kauai: By 1890, lands that had formerly grown taro were now leased or sold to the Chinese who easily converted them for rice growing. River lands, like those along the Waimea River, Hanapepe, and in the Hanalei Valley, were ideal for this purpose. Fven the floodplain of Kilauea River was suitable for rice as illustrated by the 1892 map drawn by M.D. Monsarrat (Figure 5), Sugar cane was grown on the flatlands above the valleys (ibid:250). Titcomb had Chinese workers from the first boat working on his Hanalei coffee planta- tion. Eventually, he converted his Hanalei coffee lands to sugar which he then sold in 1863. He continued sugar cane agriculture and ranching activities in Kilauea, building one of the four sugar mills on Kauai at Kilauea (Joesting 1984:159, 1.82, 218). In 1877, Titcomb had sold most of his Kilauea lands to John Ross and Edward P. Adams who continued the plantation. Kilauea Plantation remained a viable enterprise under C. Brewer and Company, Ltd. until 1971. Mokolea Peninsula, at the opening of Kilauea Stream and near the project area, had origi- nally been part of the ahupua'a of Kahili. narrow gauge railroad that connected the F was loaded on ships by cable. Gravel was the plantation roads. The railroad became Fredericksen 1989:8 -9). The peninsula contained a quarry. There had been a Ulauea Plantation to Mokolea Point where raw sugar. then hauled back from the quarry by railroad to pave obsolete with the arrival of trucks (Fredericksen and 11 ZI t -enla}X jo &IN PIO :S axn2Y ff v���e^•:Tro,+....•,aca. ..•r.� " ..,xi . y.c.•� :• • � . ... �- ��, ... _,,... r -. •-> —. x -:�'•" .r.. ... t ((,�,rr�• ,^ ty is '- • 7.S 'I: eg =ia -.• •3.x,.. ... , rG. . r • : `.. 1 _ ,. :.�':» ' �..,q.,t.�. -• }: .�;� -.•. 't� { ^. i �,i�. .. A+:v.y .. - •- '•r: .. ': "..` .'`f •e,•.'v',7,iv'a•, -�,Y,�.:: a.�+,+ •� ��., pq i!xc.."�• j�fi � . aJa.� + .. r • ^ •: i.. � •j'xY �, Y • r - •Z• "a':'•�'•• ''li!„ 1=' 1.:+r`,:� ,,.S..: yy i t e,• ''at/J.•ii •a't'.`e.y v..T'.y�•..^ 'Pr . ,. / .'S, i �,a+i•'?(C;:.,,} ,dsk�.r f~ •w112•t r t. Ipd: .�. It ec A FA t oII \1Iy va •:7• y i.'.• i • `CJ /. • 1 <, ti; Jt. ^ t V•3•. �R,C: y { I f,. °• �at • F -e - ..t.v.. ��,r: r.,. � 1 � . " i. rx 3331., •, w: %r'.. • \. •fit. .'3. wit~ i• f. ... ,�,,,rr ;� •' .rte aatr nTx.� •t \.. ` (I ;••ESt, +.. *,F. •Itr 'y :31 " '' 3 t:�' Y % }: .rn' J y i ^Y"St ,•ai`F'i' IIC o" Is W'y'r' t iS S. '`!A,'Y'tif;:_t: t •.I� .,t . J' • x.., tr• i �YY - • a rV .•, ' �'`��_;.� t�r:ns... .. t.• �'�. � ':'a�.r- �n•JP.i4 /CJr + "'u :i_... ,. .. •;: ' }; ,.X t.1.a��i�il.e .�$,t7•. ' v.I ji. a ;,• •i4 r s V• • t, r 4 t •'n lit f:'x i 1 t t:, Ift fl � e r• i PREVIOUS ARCHAEOLOGY Kaua'i is unique because of its isolation from the other main Hawaiian Islands. Religious structures and portable artifacts structures are similar between Kauai, Nihoa, and Necker, but they are quite divergent from those across the remainder of the Hawaiian Island chain. The religious structures on Kauai may be interpreted as relating more closely to a Central East 1 Polynesian ancestral form rather than to later developments seen elsewhere in the Hawaiian J archipelago (see Green 1986, 1993). Linguistically, it was still obvious in the 1820's that, unlike the rest of Hawaii, the people of Kauai retained the t phoneme rather than'the k, closely associating them with places in Central East Polynesia such as the Society, Tuamotu, and Marquesas archipelagoes (Joesting 1984:19 -21). Dressed stone used in the construction of ditches ('auwaa), block grinders, and some fishhook styles are also peculiar to Kauai and have been attributed by some archaeologists to the island's isolation (Kirch 1985 :104) The earliest archaeological study was done by T.G. Thrum in 1906 and was focused on Kauai heiau sites. Although there are several heiau listed for ahupua I north and south of Kahili, the knowledge of only one survived for Kdhili itself, that of Kipapa. In his 1928 -29 extensive study, Beimett (193 1) recorded. Site 132; Kipapa Heiau was situated on the end of the first bluff east of Kilauea River in Kahili section. It was described by Thrum as "A large heiau of some 300 by over 100 feet in size, paved, walls five feel: high, standing in cane field in partial ruins." Since that time, stones have been removed. Kipapa Heiau was located in close proximity to the project area at the makai entrance of Kilauea Stream. Access is difficult, and the heiau has since been reported destroyed (Nancy McMahon - personal communication). Bennett also discusses taro terraces and house sites recorded in the two small valleys directly to the south in East and West Waiakalua (Site 131 ibid.:133). 13 An inventory survey with limited testing was conducted in a five acre parcel next to the present project area (Hammatt and Folk 1996). Three sites were recorded, including a field system, a charcoal kiln, and a free standing wall. In one test trench, a thin cultural layer was identified and basalt flakes were recovered. A grinding stone was also present. A single radiocarbon date was obtained from Site 04 -625 and resulted in a Conventional C14 age, at 2 sigma, of 420 ± 70 years B.P. (AD 1410 -1650; 0.95 %). It was concluded; that Site 04 -625 was a pre- Contact agricultural system, a portion of which was modified for historic use. Sites 04 -998 and 04 -999 were both interpreted as relating to the historic- period. McGerty et al. (1997) conducted an inventory survey on property initnediately to the east of the present project area. This work resulted in the identification of four sites, including habitation features, agricultural features, and possible burials. These sites.were interpreted as dating from the late pre - Contact period to historic times. A study was conducted in 1970's of the social organization of chiefdoms and included data concerning the irrigation systems present in the Halelea District (Earle 1978). The project area is not in this moku but was a valley ahupua'a, as defined by Earle (1978:155), reflecting the same patterns as Kahili Ahupua'a. Other selected projects from outside of Kahili Ahupua'a include the work of Fredericksen and Fredericksen (1989) and Toenjes and Hammatt (1990) in Kilauea Ahupua'a, Hammatt and Robins (1993) inNamahana,Ahupua ' a, and Hammatt and Chiogicji (1992) in the ahupua'a of Namahana and Kalihiwai. None of these surveys identified any significant pre�Contact archaeological sites but the work of Fredericksen and Fredericksen (1989) and Hammatt and Robins (1993) did record three significant historic sites. SETTLEMENT MODEL Based on the information discussed above, the traditional settlement pattern for the project area included permanent habitation and associated agriculture along the coast and extending tip the stream valleys. LCA data indicate that kalo and kula cultivations were located on either side of Kilauea Stream. The natural terrace above the floodplain contained habitation sites. Within the 27.56 -acre parcel, it would be expected to find evidence of both agriculture and habitation. Archaeologically, these would be identified by terraces, 'auwai, platforms, walls, 14 alignments, and rock mounds. Historic artifacts could be present and would probably be related to domestic activities such as cooking or consumption containers. As the project area is ideally situated between Kaluamakua and Wailapa Streams, it was probably used for agricultural and settlement purposes long before the arrival of foreigners. It is, therefore, highly possible that a pre - Contact cultural deposit and artifact assemblage would also be present. Burials may also be present, perhaps as part of .a habitation complex. Presently, the floodplain is under high grass. It would be expected still to contain lo'i structures that had been used for kolo and rice. Based on the 1892 map showing LCA's and structures, other habitation structure remnants and agricultural features may be found on the edge of the flood plain near the base of the slope. Historic plantation and current modern activities can be expected to'-have destroyed all evidence of surface features in the upland pasture areas above the natural terrace. FIELD MIETHODS The inventory survey covered the project area was given a brief "msp slopes bordering the north side of the vegetation permitted. Transects were were encountered. Identified features completion of the pedestrian survey. METHODOLOGY the entire 27.56 -acre parcel. The leveled, upper portion of ection, and no sites or features were present. The steep cleared section were walked as systematically as the occasionally intemzpte,d when dense growths of cat's claw were flagged for identification and recording after Recording included written descriptions, plan view maps, and photographs of all features. Metal identification tags, inscribed with the SCS project number, the feature designation, and the date were placed at each feature. Distance and bearings between features were taken for later plotting of features on the overall site map. After recording was completed, shovel probes (SP) were placed at four surface features to test for subsurface deposits. Excavated soil was screened through 118" mesh to recover any 15 cultural materials. The shovel probles were then profiled and photographed. Soil information was recorded on standard Soil Stratigraphy forms using Munsell color charts. After recording, the test excavations were backfilled. The floodplain portion of the project area was tested through the use of stratigraphic trenches (ST) dug by back hoe. Prior to trenching, the floodplain area was viewed from the bluff above to identify the number and location of berms on the floodplain, Although the area was covered with tall, dry grass the berms were visible from above as linear areas of slightly greener grass. A long berm (covering approximately 74 m) extends approximately east -west across the central portion of the floodplain. The central berm angles south at the east end and abuts a north- south berm at the west end. A short, north -south berm abuts the south side of the central berm at the approximate midpoint. After identifying the berm placement, the area was walked and locations were flagged for four backhoe trench excavations to identify soil stratigraphy and any existing subsurface deposits. Each trench excavation was photographed, profile drawings were completed for one face, soil samples were taken from each layer, and stratigraphic records were completed for each soil layer present. Trench dimensions were recorded and locations plotted. When recording was completed all trenches were backfilled. INFORMANT In addition to the archaeological survey and testing, SCS was fortunate enough to have the assistance of Mr. kaipo Chandler as an informant. Mr. Chandler spent a considerable amount of time in the project area. He lived in the area of LCA10015 as a child, and he'visited and worked in the area of the LCA as an adult. Information provided by Mr. Chandler was recorded, and it is provided in the discussion section of this report. LABORATORY METHODS Analysis of collected data and report preparation was conducted at the SCS facilities in Honolulu, Hawaii. All project materials and records are being curated at the SCS office. 16 FIELDWORK RESULT Two sites were recorded during this project. Site 50- 03-04632 was assigned to a large site comprised of at least 56 discrete features. Site 50-03 -04 -633 Was assigned to a burial identified by Nlr..Chandler. within LCA 10015 located on the floodplain. A total of four stratigraphic trenches and four shovel probes were excavated within the project area. SITE 50 -03 -04 -632 The surface survey identified a large site comprised of at least 56 discrete features (Table 2; Figures 6 through 9). Arbitrary divisions of the 56 features resulted in 14 multiple feature groups, and seven single features. The feature grouping were determined, primarily, by feature proximity, natural setting, and recording facility. The identified features included modified bedrock outcrops with stone alignments and cobble filled cracks, terraces, boulder alignments, short stacked and piled walls, upright stones, small cupboards beneath bedrock boulders, and small cleared bedrock overhangs. Feature concentration was highest on the upper portion of the project area, on the moderately steep slope above the upper road. One feature and nine feature clusters, comprising a total of 39 features, extend across the slope from the road at the west property boundary to within c. 40.00 m of the property boundary to the east: All but three of the remaining features are located on the middle slopes of the western portion of the parcel, between the upper and lower roads. Below the lower road, no features were identified on the western slope rising from the floodplain. Two features are located on a high outcrop near the east boundary and overlook the Caldwell house and LCA 10015 on the floodplain. The third feature is located in a disturbed area below the upper road, c.25.00 m from the east property boundary. 17 Table 2% List of Identified Archaeological Features in the Project Area. Ire el I I pv};r•%-:�:.g.q. 4,144 In% In. In :.:::........: .... ...:.' In I :; •?i In I :.: ' ' .. >.::: :'< a !: In no :;::..:... :..:::? I 1A In, In rock concentration 1.20 m long, 1.52 m high IB wall 7.50 m long IC modified outcrop (leveled, alignment = 2.0 m long incorporates alignment) ID upright with alignment upright = 0:80 m wide at.base, 0.20 m trick, 0.68 m high IE.1 4 cupboards 1E.1 =1.50 m wide, 0.57 m deep, 0.36 m high 1E.2 1E.2 = 0.80 m wide, 0.30 m deep, 0.33 m high 1E.3 1E.3 = 1400 m wide, 0.50 m deep, 0.32 m high 1E,4 1E.4 = 0.60 m wide, 0.50 m deep, 0,15 m high 2A wall 3.20 m long, 0.55 m wide, 0.56 m high 2B wall 2.80 m long 2C cupboard 0.50 m wide, 1.40 m deep, 0.34 m high 2D U- shaped retaining wail c. 20.00 m long 3A oval - shaped planting area 3.50 m long, 1.00 in wide 3B alignment 5.00 m long 3C triangular- shaped overhang triangular interior = 1.00 m wide, 1.00 m high 4A upright 0.80 m wide, 0.50 m thick, 0.90 m high 4B cupboard 0.30 m wide, 0.50 m deep, 0.26 m high 4C trail 20.00 m long 5A alignment 0.32 m long, 0.25 -0.40 m high 5B L- shaped alignmeet 6.00 m long, 0.38 -0.55 m high 6A alignment 7.50 m long, 0.28 -0.75 m high 6B alignment 2.20 m long 7 overhanging boulder boulder = 1.50 m high; overhang = 1.20 m wide 8A retaining wall 7.50 m long 8B wall 7.50 m long SC upright 0.58 m high 8D cupboard 0.35 m wide, 0.20 m deep, 0.25 m high 8E alignment 13.00 m long. 8F rectangular enclosure 19.00 m long, 12.00 m wide 8G mound of flaked basalt 3.00 m long, 1.00 m wide, 0.63 -0.87 m high 8H mound of flaked basalt 3.50 m long, 2.00 m wide, 0.61 -1.12 m high 81 mound of flaked basalt 2;40 m wide, 0.86 m high 9A mound of flaked basalt 3.10 m long, 1.4 m wide 9B mound of flaked basalt 3030.71 long, 1.8 rri wide 9C overhang 1.70 m wide, 1.00 m deep, 0.35 m high 10 mound of flaked basalt 5.30 m long, 1.60 m wide, 0.70 m high 11A alignment 9.50 m long, 0.69 -0.89 m high 11B alignment 16.75 m long Ire 19 P .e v. �,j :•\ : ::- 54.00 long, 0.63 -1.07 m high 12 wall m 12A Y- shaped alignment 6.00 m long 12B enclosure 7.50 m long, 6.00 m wide 12C alignment 8.10 m long 13 alignment 19.50 m long 14A alignment 31.70 m long 14B alignment 6.50 m long 15 aligrauent 6.50 m long 16A terrace 11.00 m long, 8.00 m wide 16B alignment 9.50 m long 16C hook - shaped alignment 10.00m long, 4.00 m wide 17A alignment 7.00 m long, 0.23m high 17B alignment 14.00 m long, 0.54 m high 18A terrace 30.20 m long, 16.75m wide 18B terrace 13.00-17.00 m wide 19 and cobble pavement 12.80 m long, 4.50 m wide pebble 20 2 connected U- shaped 12.00 m long, 5.00 m wide enclosures 21 modified outcrop and two _ 9000 m long, 8.00 m wide boulder alignments 19 1 Fe.9 >� Open Undeme �tit:c paled a O p ° Fe.BF (,60] FOE 0(3 ck 0 oOe (? W, [.601 FO. t,,.., is t 0 3 6 9 m -� IL (•90] FeAB Fe.lB •B . p Fe.(l}D, f� ?) 1.401 [.sal [1 b1 Fe.BF ( Fe.2 Cc. 1C' ( Fq.2A� ^T� � � �LF/ I• b � [I.L] p� o � �/ / F/e�.2� } Co � C Icb p S PSP-2 !� T3Wnd Fe.2B � (.40) Fe.2D Q �Op o R � O * 0a ' ,a FOB � Fe.7 p0 Op G b UO D 0 Q sr 1� e.3C F Fe.8A Fe.5B Jo�� Qj.4o)Oo .SA Fe.4C (Trail) 3.3] •'s (1.6) FcAB FcAA Figure 6: ]\fag of Features 1 through 9, Site 50 -03- 04•-6321 20 46,1yf 1 I. I. 1' a c o Fe. I6C °g Fr. 16A 8 � Qoca Qo p 00Ob 00 00 (.6aJ Fc.16B Fc,14A 0 0 8 •Fe. i 4B 6 .401 9 --- Continues I.3aJ yo Fe-15 [.sa] ., ,,, [.451 0 D 1.3aJ Fe.17 6' Fe.17A a O '0 O O 1.50] Q GzaJ (.so) p Fe, 18A Wali o d °o (.30) lb ; ap g0 i ° � t Fe.18A SP4 boa o D 0 Fc.I 8B Qj_ 1.60) CV Fe, i2B 4�j0r (.3 °JAS mqw a (.701 D Fe.13 P O a Fe.12C Figure 7v Map of Features 11 through 18, Site 5M3 -04 -632, a] 0 a Fe.I 1B 8 � ° [.4sJ 8 4 p p 1 2 3 m O� •C O Fe. t 9 0 00 0 Figure S: Map of Feature 19, Site 50-03 -04 -632. 22 IN u J 0 I Fe.20 C ,---' e " 'b'1.601 [4401 O 9" � O g Q � (.sad CD W c Fe.21 o ,N d Figure 9: Map of Features 20 and 21, Site 50 -03 -04 -632. 23 FEATURE DESCPJ PTIONS F'EAT'URE 1 is an L- shaped, modified outcrop which includes a cluster of 5 additional features. The outcrop is located on the southeast perimeter of Site 632, c. 50.00 m from the east property boundary. The high outcrop rises 1.45 to 1.70 meters above the ground surface on the west side and 1.52 to 1.69 meters above the ground suzface at the northeast end. Overall the feature cluster measures c. 17.00 m N -S by 16.00 m E -W. Feature IA is a rock concentration located at the northeast end of Feature 1. Feature IA is a 1.20 m long by 1.52 m high section of stones stacked between massive bedrock boulders. Feature IR is a 7.50 m long wall, aligned approximately northeast- southwest (Figure 10). The wall is constructed of three courses of large stacked cobbles which curves southwest from Feature IA to the outcrop holding Features 1 C and IE. A series of short, piled walls between bedrock outcrops continue beyond the end of the wall to confine the south side of Feature 1 outcrop. Figuire 10: Southwest End of Feature IB. 24 Feature IC consists of soil covered, leveled areas on top of the outcrop confined by a 2.00 m long boulder alignment, piled cobbles, boulders and incorporated outcrop. Feature ID is composed of two overlapping, aligned boulders and a flat sided upright stone that extend 2.00 m frorn a boulder filled gap in the north base of the outcrop. The upright stone is 0.65 rn high by 0.20 m thick by 0.30 m long at the base. Feature 1E .includes four probable, cleared cupboards beneath bedrock boulders (Figure 11). The cupboards measure as follows: 1 E.1: 1.50 in wide by 0.57 in deep by 0.3 6 m high; I&2: 0.80m wide by 0.30 m deep by 0.33 m high; IE.3: 1.00 m wide by 0.50 m deep by 0.32 m high; and 1EA: 0.60 m wide by 0.50 m deep by 0.15 m high. Figure 11: Cupboard at Feature E. FEATURE 2 is a U- shaped arrangement of bedrock boulders, a cupboard, a stacked wall, and a piled wall and leveled area. The three feature areas are positioned on a sloping bedrock outcrop. 25 Feature 2A is a low piled wall on the west side of a leveled, possible planting area. The wall extends between two high bedrock boulders, and it pleasures 3.20 m long by 0.56 m high by 0.55 m wide (Figure 12). Bedrock boulders continue 2.50 m south to Feature 2B. Figure 12: View to South -East of Feature 2A, Showing Wall between 13eclrocrc. Feature 2B is a stacked, c. 2.80 m long cobble wall, aligned E -W. The wall is coizstructed on, and adjacent to, bedrock boulders at the southeast end of Feature 2A. Massive bedrock boulders continue 4.00 In northwest to Feature 2C. Feature 2cC is a cupboard located under a 1.84 m high bedrock boulder at the northwest end of Feature 2D. The cupboard measures 0.50 m wide by 1.4.0 m deep by 0.34 m high. Feature 2D is a c.20.00 m long U- shaped retainment feature composed of a series of aligned boulders, cobbles, bedrock boulders, and a short piled wall section. The middle of the retainmernt abuts the western end of the boulder over Feature 2C cupboard. FEATURE 3 is located up -slope from Features 1 and 2 and covers an area measuring 13.50 m SE -NW by 11.00 m NE -SW. F Feature :3A is a 3,50 m by 1.00 m, soil filled, oval shaped planting area enclosed by boulders, cobbles and exposed bedrock. Feature 3B is a c. 5.00 m long remnant of a boulder alignment on the north side of a cleared level area in front of Feature 3 C. Feature 3C is a triangular shaped overhang on the east side of a large bedrock boulder. Stones are stacked on two sides of the overhang leaving an opening 0.50 m wide by 0.40 m high and a triangular shaped 1.00 m by 1.00 in interior. The floor slopes upward from the opening leaving little room at the back of the overhang. FEATURE 4 is a 2.00 m -3.30 m high modified outcrop at the southeast end of Site 632. Boulders and large cobbles are piled in crevices and on the outcrop. Feature 4 is 8.4 m southeast of Feature 5. Feature 4A is a 0.50 m by 0.80 m by 0.90 m upright stone positioned on top of the outcrop. Feature 4B is a 0.38 m wide by 0.50 m deep by 0.26 m high cupboard below a 1.00 in by 0.50 m slab placed on two low stones. Feature 4C is an overgrown trail that passes along the east and north sides of the outcrop between Features 4 and 5, then disappears as it crosses above the south end of the site. Feature 5 is located 2.65 m north of the trail (Feature 4C). Feature 5 is composed of two large cobble remnant alignments oriented up and down the slope at c. 262 degrees. Feature 5A is an alignment which measures 3.20 in long and varies in height from 0.40 m at the east end to 0.25 m at the west end. Feature 5B, located 0.30 m to 1.10 m north of Feature 5A, is a 6.00 m long L- shaped alignment of large cobbles. Heights range from 0.38 m.to 0.55 m, FEATURE 6 is composed of a boulder alignment and a large cobble alignment. W/ Feature 6A is a boulder alignment which. measures '7.50 m long by 0.28 to 0.75 in high. The alignment curves from the northwest to the northeast and abuts the center of Feature 7. Feature 61B is a remnant of a large cobble alignment, 2.20 m long, that is parallel with the south end of Feature 6A. FEATURE 7 is a 1.50 m high bedrock boulder with a 1.20 m wide, shallow overhang on the west side. FEATURE 8 is a cluster of nine features within an area c. 25.00 ni N -S by 22.50 m E -W. Feature 3A is a 7.50 m long small boulder retaiiunent, oriented southwest to northeast. The feature ends at a massive bedrock boulder at the east end and a 1.74 m high bedrock outcrop at tthe west end. Feature 3D is a 7.00 m long, piled wall oriented east to west (Figure 13). An upright stone, Feature 3C, is positioned at the west end.. Wall height is c. 0.58 m. Bedrock boulders abut the west end of the wall and continue west for 6.50 m. Feature 8D, a cupboard, is located at the base of the last boulder. The cupboard measures 0.35 m wide by 0.20 m deep by 0.25 high. Figure 13: View of Feature 8B. 28 Feature BE is a 13.00 in long, irregular boulder alignment/wall, with cobbles piled between boulders and bedrock at the north end. Feature 8F is a rectangular area enclosed by bedrock outcrops, boulders, and the Feature SE wall and bedrock outcrops. Feature 8F holds Features 8G, H, and I. Features 8G, H, and I are piled linear mounds constructed of large pieces of flak6d basalt (Figures 14 and 15). Feature 8G is 1.00 m wide by 3.00 m long by 0.63 to 0.87 m high. Feature SH is 2.00 m wide by 3.50 m long by 0.61 to 1.12 m high. Feature 81- is 2.40 m wide by 0.86 rn high. Figure 14. View of Features 8G and 8H. FEATURE 9, a modified outcrop, measures c.6.00 rn N -S by 5.25 in !E -W. X13.25 m long by 1.50 m wide, flat slab rests on the northeast end of the outcrop. A shallow, 0.75 •rx1 wide tunnel under the slab, c. 1.00 m from the south end, opens tq the east and west. Foux bedrock boulders across the south end of the feature have large cobbles piled to a height of Q.70 to between and against'the south sides of the boulders. Feature 9C, an overhang, is located bei eath the west side boulder. The overhang measures 1.70 m wider by 1.00 m deep by 0.35 m high. Featm,- 9 is located c. 20.90 m west of Feature 8. 29 Figure 15; View of Front Bedrock Side of Feature BI-I. Features 9A and 9B are small, linear, mounds constructed of large basalt flakes. These features are located c. 3.50 rn and 6.00 m east of Feature 9. FEATURE 10 is a mound constructed of piled, large basalt flakes. This mound measures 5.30 m long by 1.60 m wide by 0.70 m high. The mound is oriented northwest/southeast and is located c. 5.00 m east of the road near the west property boundary. FEATURE It begins c. 5.50 m west of the upper road and is comprised of two boulder alignments that form a L,- shape. Feint ure ll is oriented almost east -west. The east end of the alignment has been disturbed for a distance of c. 4.00 in. The remaining 5.50 m is an irregular combination of overlapping, large flat stones and aligned large cobbles. Heights rang, from 0.69 rn to 0.39 m at the junction with Feature 11B, the second alignment. Feature IIB is a 16.75 m long boulder alignment, plus 2.00 m of incorporated bedrock, and a 2.60 m long by 1.00 wide by 0.63 m high section of stacked wall that meets the northeast end of Feature 12 wall. Feature 11B is oriented northwest to southeast. 30 FEATURE 12 is a 54.00 m long wall oriented approximately northeast to southwest. The wall is constructed of two to four courses of large, stacked cobbles (Figure 16). Heights vary from 0.63 to 1.07 m. Three features connect to the southeast side of the wall; a Y- shaped boulder - cobble alignment (Feature 12A); an enclosure (Feature 12B); and a linear boulder alignment (Feature 12C). The Feature 12 wall continues beyond the west project boundary fence into the adjoining property. Figure 16: View of Stacked Section of Wall at 4'eature 12. FEATURE 13 is a 19.50 m long boulder- cobbbee alignment between Feature 12 wall and the west boundary fence (Figure 17). The alignment starts at a small bedrock outcrop c. 4.30 m north of the west boundary fence, and it forms an oval enclosure c. 7.75 m from Feature 12 wall. FEATURE L4 is composed of two boulder aligmnents located on the ndrthwest side of the Feature 12 wall. Feature 14A is a 31.70 m long boulder alignment, oriented southeast to northwest across the lower western slope. Feature 14B is a 6.50 m long boulder alignment c.7.00 m downslope from the southwest end of 14A. 31 Figure 17. Overview of Feature 13. FEATURE 15 is a 6.50 m long boulder alignment located 16.00 m upslope from Feature 14A and 9.50 m from Feature 16A. A 0.45 m high upright stone is positioned at the midpoint of the feature. FEATURE 16 includes three+ features in a 17.00 by 23.00 m area beginning 3.00.m upslope froze the northwest end of Feature 14A. Feature 16A is an 11.00 m by c. 8.00 m level, paved, and soil covered terrace. The feature is unequally divided by aligned boulders and cobbles, and enclosed by cobble and boulder alignments. Feature 16B is a 9.50 m long boulder alignment that angles northwest/southeast froze the southeast end of 16A, and stops 6.50 m from Feature 14A., Feature 16C is a 10.00 m long by 4.00 m hook shaped alignment 3.00 m above the northwest end of 14A. FEATURE 17 is composed of two boulder alignments on the level bluff top upslope of Feature 16. Feature 17A is a 7.00 m long by 0.23 m high boulder alignment oriented northwest to southeast (Figure 18). Feature 17B, an alignment, is 14.00 m long, 0.54 m. high and oriented roughly north/south. The northeast end of Feature 17B is positioned 5.10 m from the soiAhwest end of Feature 17a. 32 Figure 18: View to South -West of Feature 17A Aligrunent. FEA.'I["6lRlE 18 is composed of two features and covers an area 44,20 in northeast/southwest by 16.15 M northwest /southeast. Feature 1SA is a 30.20 m long, 3.16.75 rn wide, level terrace retained on the west by a stacked stone wall (Figure .19), a dirt and stone berm, and a short cobble and boulder alignment. The southwest end is defined by a 7.00 na long boulder alignment. Feature 1813 is a bedrock outcrop terrace that extends from the south end of the Feature 18A terrace. The cleared level surface measures 3.13.00 m wide at the west end and 17.00 rnwide at the east end where it meets the northwest end of the Feature 12 wall. Four bedrock boulders are aligned on the terrace surface near the southeast end of Feature 18A. 33 Figure 19: Stacked Nall Section of l~eattue 18A. FEATURE 19 and the surrounding area have been much altered and disturbed by bulldozer activity. The remnant :Feature is located on the slope below the upper road, c 25.40 in ftom the east property boundary. Feature 19 consists of rough pebble and small cobble paving under and around the north side of a 1.25 rn high bedrock boulder, boulder and cobble fill between three bedrock boulders, and an area of boulder fill extending west into dense cat's claw. FEATURE' S 20 and 21 are located below the lower road, on a high outcrop at the west property boundary. Feature 20 is oriented approximately east to west and measures 12.00 in east /west by 5.00 in north/south. The feature consists of two connected U- shapes defined by boulder alignments, and large cobbles aligned between bedrock bould €rs. The feature overlooks an overgrown road or trail originating at the house on LCA 10015. Feature 21 consists of a modified outcrop and two boulder alignments. Large bedrock boulders cover the west end of a high bedrock outcrop that overlooks the driveway and house' on LCA 10015. An L -shape boulder alignment extends southwest and west from the west end of the boulder covered outcrop, partially enclosing a rectangular space and a 2.00 m length of exposed 34 bedrock bench. The feature ends at a steep slope c. 20,00 m east of the driveway into the property. SUBSURFACE TESTING Shovel probes and stratigraphic trenches were dug at several locations (see Figure 2) to test for possible cultural deposits in several areas. No cultural materials were recovered in any of the four shovel probes. Limited evidence of cultural activities were found in the stratigraphic trenches. Shovel Probes Four shovel probes exposed the stratigraphy of the project are (Figure 20). No definite cultural deposits were determined with these shovel probes, as nothing visible could distinguish between natural and anthropogenic origin of the ddposists. SP -1 was excavated at Feature 7 in the opening of an overhang. SP -1 measured 0,30m by 0.25 m. SP-1 displayed one 0.25 m thick, sterile layer of dark reddish brown (5 YR 3/3) loamy clay (Layer I) above decomposing bedrock (Layer II). SP -2 was excavated in a level area enclosed by the Feature 2A wall. SP -2 measured 0.35 m by 0.35 m. This SP revealed one 0.37+ m thick layer of dark reddisn brown (5 YR 3/3) sterile clay loam. SP -3 was excavated-in a level area of Feature 1 C, a modified outcrop. SP -3 measured 0.35 m by 0.30 m. SP -3 contained one 0.15 + m. thick layer of dark reddish brown (S YR 3/3) loamy clay and two large stones, possibly part of a buried alignment. SP-4 was excavated on Featurd 18B, a terrace. SP -4 measured 0.43 m. by 0.35 m. This SP displayed two layers; a 0.02 m thick suface layer of clay loam (Layer I) and a 0.18 m thick layer of loamy clay (Layer II) above decomposing bedrock. Layer I was a very dark brown (7.5 YR 3/2), and Layer H was a dark brown (7.5 YR 4/4). 35 SP -I SP -2 .r r SP -3 SP-4 r �V fr 0 20 40 cm METE Figure 20: Profiles of Shovel Probes (SP -1 through SP4). 36 Stratigralihic Trenches Four stratigraphic trenches were excavated on the floodplain (see Figure 2). ST -I, located near the west end of the floodplain, extended east between the river and the north side of a c. 73.00 in long berm positioned approximately east -west across the central portion of the floodplain (Figures 21 and 22). ST -2 was excavated through the central berm and into the field on the south side (Figures 23 and 24). ST -3 was placed in the field between the central bean and the river (Figures 25 ans 26), and ST -4 extended from the south side of the central berm (Figures 27 and 28). The four trenches excavated in the floodplain exhibited a variety of stratigraphic deposits (Table 3) associated with construction of the berms and possibly with the.different crop growing sequences. Deposits viewed in stratigraphic profiles show a definite sequence of events, but not all of these events are cultural. Rather, many episodes of natural (non- anthropogenic) deposition contributed to the site stratigraphy; obscuring the cultural elements of the deposists. Of the four stratigraphic trenches excavated, small bivalve shells were found only in those portions of three trenches that were excavated into the floodplain between the central berm and the river. Shells were present in Layer II of ST -1, in Layers Ha and IIIa of ST -2, and in Layers I and IIa of ST -3. No shells were found in the berm layers, or in ST4, wluch was located on the south side of the berm. Additional material recovered from the trenches includes one square piece of machine cut wood and plant fibers from Layer II of ST -I, and a single small cobble and one piece of mammal bone from Layer Ha of ST -3. An extremely small amount of charcoal flecking was observe. in Layer I of ST -3, but none was collected. The minimal representation of midden and charcoal shows at least that some sort of human activity took place in the project area significant enough to leave a subsurface deposit. However, the anthropogenic components of the stratigraphy are greatly overshadowed by natural changes to the landscape. Evidently, human occupation of the project area witnessed significant build -up of the berm. 37 U i O I �/1 i I O E i ! E I i i 1 1 i f I - I ! t i I E f r r id 1� r ! 4-I O O O be Cd 0 z 4-+ 0 m Cd W O C� O ry N N ea i-� tb .p., fR m 1~ U I � o i ~ I t Cl s E o t E 1 I i i E \ I I \ t \` i 1 i I 1 i t� � C i a VD O a� 0 k ran s~ IT-, Eq W 0 z T �; N !"m N E—a va w 0 P 0 0 N 6S tzn rn m I~ U d I 0 1 � 1 r-a r�r i i \ E i t 1 1 I- � t 1 I E 1 � S 1 I I \ t 1 ml c*l CID 4-i Q a� LO O P� bD kjjC.` O 4A I �*o 4-4 0 W 0 O N bA 0 U 50 IUU cm nmm---- Figure 27. East- Facing Profile of ST-4. Figure 28: View to North -East of ST -4. 41 Table 3: Stratigraphic Descriptions, Unit Layer/Le'vel MaM'UMUM Depth (m) Soil Description 1 OYR 4/3 dark salt loam; friable when moist, slightly, ST -1 I 0.00-1.20 sticky and slightly plastic when wet; many small rootlets; boundary abrupt and clear ST -I II 1.20 -1.G5 3/1 very dark gray silt loam; friable when moist, lightly sticky and slightly plastic when wet; no roots slightly 7.5YR 3/2 dark brown silt loam; friable when moist, ST -2 I 0.00 -0.23 slightly sticky and slightly plastic when wet; many very Fine, to fine vesicular roots; boundary clear and wavy 10YR 2/1 very dark brown silt loath; very friable when ST -2 II A 0.23 -0.31 moist, slightly sticky and slightly plastic when wet; many Fine to fine vesicular roots; boundary clear IOYR 3/1 very dark gray silty clay loam; friable when ST -2 III A 0.31 -0.83 moist, slghtly sticky and slightly plastic when wet; few medium to fine vesicular roots; boundary clear and smoo ST -2 IV A 0.83 -0.90 1 QYR 3/1 very dark gray fine sand 1 OYR. 4/4 dark yellowish brown silty clay; friable when ST -2 II B 0.20 -0.50 moist, sticky and plastic when wet; many small vesicular ants; boundary clear and smooth .5YR 6/4 light yellowish brown silty clay sand; friable ST -2 III B 0.50 -0.80 when moist, slightly sticky and plastic when wet, sparse Fine roots; boundary clear and smooth ST -2 IV B 0.80-0.95 LM 514 light olive gray very fine sand 10YR 3/4 dark yellowish brown loamy silt clay; friable ST -3 I 0.00 -0.50 when moist, sticky and plastic when wet; common vesicular roots; boundary clear and smooth 3/2 dark olive gray loamy silt clay; firm when moist, ST -3 II A 0.50 -1.20 ticky and plastic when wet; abrupt, smooth boundary sticky ST. -3 III A 1.20 -1.4Q -7 4/1 dark gray fine sand .5YR 4/4 olive brawn fine ,sand ST -3 11 B 015 -0.65 5YR. dark brown mottled (3/2 -4/4) loamy silt;friable when moist, slightly plastic and slightly sticky when wet; ST -4 I 0.00 -030 ommon very fine to fine vesicular roots; boundary clear d smooth 10YR 5/4 yellowish brown silt; very friable, sticky, and ST 4 II 0.30 -0.90 'plastic when wet; few fine vesicular roots; boundary clear d smooth lOYR 3/2 very dark grayish brown silt; very friable when ST4 II A 0.20 -0.45 noist,, plastic and stick when wet; few fine vesicular roots; oundary clear and smooth .5YR 5/3 light olive brown silty sand; few fine vesicular ST4 III 0090 -1.27 Mots 42 SITE 50-03-04-633 Site number 633 was assigned to a burial identified by the informant, Mr. Chandler, as being present near the structure which exists on LCA 10015 (Figures 29 through 31). Mr. Chandler identified this burial as being that of his uncle Thomas Gooman, Mr. Gooman was buried in 1929. A Burial Treatment Plan is recommended. a a im—ip; �dd --h . ... .. ..... 43 0 �—n 0 G e� k" 0 0 t House A�prox. r 4 Burial Ana r Figure 31* Mal) of Site 50 -03 -04 -633. OKI T AI30ItATO .Y ANAI,XSIS No cultural material was recovered during this project which required laboratory analysis. No datable samples were recovered from any of the excavations. DISCUSSION Of the 56 individual features identified at Site 632, all have been initially interpreted as having functions related to agriculture production. No fire pits, hearths, imu, or other such features were identified in the project. The soil deposits tested within the surface features were rather shallow and no cultural material of any type was identified. The absence of charcoal was particularly surprising. Based on the findings of previous research in the areas adjoining either side of the current survey area, it was expected that a more diverse array of functional features types would be encountered. at this large site. The findings do not meet those expectationsf since the features are all initially identified as agricultural features. Of special interest were the six linear mounds constructed of very large pieces of flaked basalt. Other than the basalt flake: mounds, no artifacts were identified on the surface, in the subsurface tests, or in the many small cupboards that were examined. Numerous upright stones were recorded during the mapping of the architectural features. These stones are interpreted as part of the construction technique and are not thought to carry religious significance. The apparent lack of habitation shelters and any cultural materials may suggest that habitations were located away from the sometimes steep slopes in this project area. The broad, flat benches and stepped terrain on the property adjoining on the west or east appear to be more likely choices for habitation sites. It is also possible that subsurface evidence of habitation may be present at one of the small terrace features that was not tested, or at a feature hidden by dense cats claw, or removed during land alteration. This possibility is supported by the identification of a thin cultural layer and basalt flakes from a small architectural feature at Site 625 (Hammatt and Folk 1996). E Informant Kaipo Chandler lived and visited LCA 10015 during the years between the mid- 1920's to the m1d4 960'x. Mr. Chandler recalled the history of the use of the floodplain, including periods of growing taro, rice, ti, corn, and cattle raising. Taro fields occupied the western portion of the flood plain, to the left of the house, and rice was grown on the east. The berms, or embankments, were built as walkways between the fields and to the river. The rice venture eventually floundered because flocks of wild birds would converge on the paddies and eat the rice. Despite the many and varied methods employed to frighten the birds, they quickly, became accustomed to the distractions and returned. Corn was also grown for a time, but the corn patches were also raided by doves and the wild birds that raided the rice fields. After the failed agricultural enterprises, cattle were raised on the property: The existing structure now located on LCA 10015 is the last in a series of structures that Mr. Chandler said once stood at that location. Most significantly, Mr. Chandler identified the presence of a burial in an area very close to the existing structure. This burial was identified as Mr. Chandler's uncle who was buried in 1929. No surface indication of a burial is evident at the location noted by Mr. Chandler. Based on information provided by Mr. Chandler, the lower western slope below Features 14A, 16, and 17A was identified as once having been used for a small peanut farm. Mr. Chandler had no knowledge of the architectural features .described earlier in this present report. He did note that the heavy vegetation now present in the area was not there when he was a child and that he remembered ti plants growing at various locations along the slope behind the douse at LCA 10015 and above the present main dirt road into the valley. SIGNIFICANCE ASSESSMENTS AND RECOMMENDATIONS Significance assessments are based on the five state criteria. Sites determined to be potentially significant for information content fall under Criterion D which defines significant resources as ones which "...have yielded, or may be likely to yield, information important in prehistory or history." Site 632 falls under this category. If the features identified at Site 632 are to be preserved, no further work is necessary except for the production of a Preservation Plan acceptable to the State Historic Preservation 47 Division. If development of the area is to take place, data recovery work is needed to mitigate any impact that development activities may have on the site. Data recovery should focus on extensive testing and appropriate additional mapping to more completely assess the various features and to search for any activity areas similar to that identified at Site 6259 Site 633, located within LCA 10015, is considered significant under Criteria D and E. Criterion E recognizes that a site has traditional cultural value to an ethnic group. The presence of a burial, as identified by the informant, makes this site significant under Criterion E. The exact location of the burial is not known, but its approximate location was fixed with Mr. Chandler's assistance. The owners of the property do not plan to develop in the area of the burial. The owners intent, to be described in a Burial. Treatment Plan, is to build a small platform to delineate and preserve the burial area. WO REFERENCES CITED Alexander, William DeWitt 1991 A Tour of Kauai in 1849 Private Journal of William DeWitt Alexander. In The Kauai Papers. A Kauai Historical Society Publication. Bennett, W. C 1931 Archaeology of Kauai. Bishop Museum Bulletin No. 80. Bishop Museum Press. Honolulu. Cordy, Ross 1977 Kihei Flood Control Project, US Army Engineer District Honolulu. Dole, S.B. 1892 Evolution of Hawaiian land tenure. Hawaiian Historical Society Papers. No. 3. Honolulu, Earle, Timothy 1978 Economic and Social Organization of a Complex Chiefdom: The Halelea District, Kaua'i, Hawaii. Anthropological Papers No. 63. ,University of Michigan. Ann Arbor, Michigan, Fitzpatrick, Gary L. 1986 The Early Mapping ofHawat L Editions Limited. Honolulu. Fredericksen, D:L. and W.M. Fredericksen 1989 An Archaeological Inventory Survey of Crater Hill and Mokole' a Point Extension of Kilauea Point National Wildlife Refuge, Kilauea, Kaua `l, HI (TMK.95 -2 -04: 9, 19). On file at SHPD. Foote, D.E., E.L. Hill, S. Nakamura, and F. Stephens 1972 Soil Survey of the Islands of Kauai, Oahu, Maui, Molokai, and Lanai, State of Hawaii. U.S. Dept. of Agriculture, Soil Conservation Service and University of Hawaii Agricultural Experiment Station, Washington, D.C., Government Printing Office Green, Roger 1986 Some Basic Components of the Ancestral Polynesian Settlement System: Building Blocks for More Complex Polynesian Societies. In "Island Societies: Archaeological Approaches to Evolution and Transformation, "ed. P. V. Kirch, pp- 50 -54. New Directions in Archaeology. Cambridge University Press. 49 1993 Community -Level Organization, Power and Elites in Polynesian Se4lement Pattern Studies. In "The Evolution and Organization of Prehistoric Society in Polynesia, " ed. M. W. Graves and R. C. Green, pp -9 -12. New Zealand" Archaeological Association Monograph No. 19, Aukland. Hamrnatt, H. H. and R. Chiogioji 1992 Archaeological Inventory Survey of a 15.17 Acre Property in the Ahupua'a of Namandna and Kalihiwai, Hanalei District of ;Kaua "i (TMK: 5 -2- 17.•28). On file at SHPD, Hammatt, H.H. and J. Robins 1993 An Archaeological Inventory Survey of the Proposed Kilauea Go if Course in the Ahupua a ofNamahana, Hanalei District, Island ofKaua "i (TMK:5 -2 -05: 23, 24, 4246). On file at SHPD. Hammatt, Hallett H. and William H. Folk 1996 Archaeological Inventory Survey Report at Kahili, Ko A %olau, Kauai (TMK 5 -2- 21: 05). For Bill Stevenson. On file SHPD. Handy, E.S. Craighill 1940 The Hawaiian Planter. Bishop Museum Bulletin 161. Bishop Museum Press. Honolulu. Handy, E.S. Craighill and Elizabeth Green Handy 1972 Native Planters in Old Hawaii. Bishop Museum Bulletin 233, Bishop Museum Press. Honolulu, Joesting, Edward 1984 Kauai, The Separate Kingdom. University of Hawaii Press and Kauai Museum. Association, Limited. Honolulu. Kamakau, Samuel 1991 Nd Mo'olelo a ka Po'e Kahiko. Bishop Museum Press. Honolulu. Kirch, Patrick V. 1985 Feathered Gods and ,Fishhooks. University of Hawaii Press. Honolulu. Kirch, Patrick V. and Marshall Sahlins 1992 Anahulu. Vol. 1 and 2. University of Chicago Press. Chicago, Lyons, C.J. 1903 A History of the Hawaiian Government Survey with notes on Land Matters in Hawaii. Hawaiian Gazette. Honolulu. 5Q MacDonald., Gordon, Agatin T. Abbott, and Frank L. Peterson 1970 Volcanoes in the Sea. University of Hawaii Press. Honolulu. McGerty Leanri, William R. Fortini, Jr. and Robert L. Spear 1997 An Archaeological Inventory Survey of a Portion of a 26 Acre Parcel, Kahili Ahupua'a, Ko'olau District, Island ofKaua'i, Hawaii, Scientific Consultant . Services, Inc., Honolulu. Moffat, Riley M. and Gary L. Fitzpatrick 1995 Surveying the Mahele. An Editions Limited Book. Hong Kong. Schmitt, Robert C. 1969 "The Population of Northern Kauai in 1847 ". In Hawaii Historical Review. Edited by Richard A. Greer, Hawaiian I -listorical Society, Honolulu. Toenjes, J. H. and H. H. Hammatt 1990 An Archaeological. Inventory Survey of94Acres in Kilauea, Koolau District, Kauai ('TMK :5 -2- 04:102). On file with SHPD. Valier, Kathy 1995 Ferns of Hawai `i, University of Hawaii Press. Honolulu, Wagner, Warren L., Derral R. Herbst, S.H. Sohmer 1990 Flowering Plants of Hawai `i. University of Hawaii Press, Honolulu, CA 51 BELLES G AHAm PROUDFOOT WILSON & CHUN, LLP NUCHABL J, BELLES A.TTORNEXS AT LAW MAX W. J. Cy1W ATQ JR. DONALD H. WILSON JONATHAN J. CHUN WATUMULL PLAZA Fedemf J.D. No. 99- 0317663 4334 RICE STREET, SUITE 202 LII -NE, KAUAI, HAWAII 96766-1388 TELEPHONE Rio: (808) 245 -4705 FACOYME CIO: (808)245w3277 E -MAIL: mail @kauai4aW.coln Mr. Michael A. Dahilig, Director Planning Department County of Kauai 4444 Rice Street, Suite 473 -Lihue, Kauai, Hawaii 96766 July21,2011 GOUNI7" OF P\A JAI or coMsrz DAVID W. PROUDFOOT COUN a LORNA A. N�SiMTSU ASSOC/A7L DAWNN, ML7I ATA AUG 25 2011 BELLES GRAHAM PROUDFOOT 1 JUL 22 r 1 : 6 MOM & OHONi 61n�r P L A 'Y; :; ` r IA�I.AND DELIVERY ai Re: Application for a Special Management Area Use Permit, Use Permit,. and Class IV Zouing Permit by DAYENU, INC& affecting real property located at Kilauea, Hanalei, Island and County of Kauai, State of Hawaii, more particularly identified as Kauai Tag Kev No. (4)- 5- Z- ZI =005(CPR No. 5) Dear Mr. Dahilzg. In May 2010, I had prepared a letter to your predecessor, Ian K. Costa, requesting a determination about why the above - referenced property was in the Open Special Treatment designation. A copy of that letter is enclosed. However, I could not confirm that the letter had actually been sent to Mr. Costa. I did not want the Planning Department to believe that Dayenu, Inc., had not taken reasonable steps to resolve the violation notice it received (for a driveway, retaining wall and drainage sump, all related to its agricultural operations on the property), and because I could not confirm that the letter was actually Sent or received by the Planning Department, I am sending this letter to you. Pursuant to the requirements of Section 8- 9.5(b), Kauai County Code, and on behalf of the owner concerning the Subject Property identified above, I am requesting that your office inform me of the "particular reasons for the establishment" of the Special Treatment District in which the Subject Property is located. This request is being made to allow my client to file an Application (after4the -fact) for approval of construction of a concrete - masonry retaining wall, hollow tile drainage sump and concrete driveways (including attendant grading) to provide access and erosion control for a farming operation on the Subject Property. {W : /D0CS /27430/1/ W 0117464,D0C} Mr. Michael A. Dahilig, Director Planning Department County of Kauai July 21, 2011 Page 2 I am providing you with the following information to assist you in providing your response: 1. The Subject Property is Unit 5 of Lot 6 of a parcel identified as Tax Key No.(4) 5� -2 21 -006 located at Kilauea, Kauai, Hawaii. 2. According to Zoning Maps on file with the Planning Department, the Subject Property is zoned Open, and is within the Special Treatment District (Scenic /Ecologic Resource; "ST -R "). 3. Section 8- 9.2(a)(3) of the Kauai County Code defines the Special Treatment District (Scenic/Ecologic Resources) as consisting of "[IJand and water- areas which have unique natural forms, biologic systems, or aesthetic characteristics which are of particular significance and value to the general public ". 4. The Subject Property was Tlaced in the Special Treatment District (Scenic/Ecologic Resources) as part of the North Shore Development Plan Update, which was implemented by Ordinance No. 476. 5, The North Shore Development Plan Update identifies the Subject Property as part of the Kilauea River estuary and one of the areas in Kilauea identified as containing historic, scenic and recreational resources. The North Shore Development Plan Update goes on to state at Pages 77 and 78 as follows: „Open In the Kilauea subarea, existing designated Open areas include stream gullies, ponds, reservoirs, steep slopes, coastal areas, landmarks, and public parks. Significant scenic, ecological, and recreational resources exist in the Kilauea subarea, such as Crater Hill, Kilauea River estuary, reservoirs, and Slippery Slides. Open space designation is important for the protection of natural, scenic, and historic resources; restricting use of hazard areas; and establishing buffer zones, particularly between incompatible land uses or activities. { W :/AOCS/27430/1(W0117464,DO C} Mr. Michael A. Dal lig, Director Planning Department County of Kauai July 21, 2011 Page 3 Recommendations: 1. The entire Crater" Hill area extending from the base of the inland slope to the summit and seacliffs, and the adjacent Kilauea estuary area up to Slippery Slides and the Old Kilauea Stream Bridge, should be designated Op.en�Special Treatment Resource...." Based on the foregoing, it appears that the Subject Property was included within the Special Treatment District (Scenic/Ecologie Resources) for the following reasons: 1. The Subject Property contains lands which have: significant scenic, ecological and/or recreational resources; and/or unique natural forms, biologic systems, or aesthetic characteristics which are of particular significance or -value to the general public. 2. The Special Treatment District designation is important for: the protection of natural, scenic and historic resources; restricting the use of hazard areas; and establishing buffer zones, particularly between incompatible land uses or activities. 3. The Special Treatment District designation is necessary to provide guidance of development on the Subject Property, since the Subject Property is located in an area of unique or critical cultural, physical or locational characteristics which have particular significance or value to the general public. 4. The- Special Treatment District designation will insure that development within the Subject Property will recognize, preserve, maintain and contribute to those characteristics which are of particular significance or value to the general public. If you concur with the above, would you please signify your concurrence with the foregoing by signing in the space provided below, as this is a necessary first step before Dayenu, Inc. can proceed with submitting its application for the permits referenced above to legitimize the development previously done as part of its agricultural operations. If you do not concur with the above, please advise me in writing at your earliest convenience as to the reason why the Subject Property was placed in the Special Treatment District (Scenic /Ecologic Resources). {W: /DOCS /27430/ 1/W0I17464.D0Q Mr. Michael A. Dahilig, Director Planning Department County of Kauai July 21, 2011 Page 4 Thank you very much for your attention to this matter. Enclosure I CONCUR WITH THE ABOVE: A. DAHILIG, Planning Department County of Kauai {W :/D0CS/27430/1 f W0117464.DO C) Sincerely yours, BELLES GRAHAM PROUDIFOOT WILSON & CHUN, LLP C A Lorna A. Nishimitsu w O [J R 0 0 a� ro as ^v