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Revised First Addition to the 8-10-2021 PC Subdivision Committee Agenda 4444 Rice Street, Suite A473 • Līhu‘e, Hawai‘i 96766 • (808) 241-4050 (b) An Equal Opportunity Employer PLANNING COMMISSION DONNA APISA, CHAIR HELEN COX, VICE CHAIR MELVIN CHIBA, MEMBER FRANCIS DEGRACIA, MEMBER GLENDA NOGAMI-STREUFERT, MEMBER LORI OTSUKA, MEMBER KAAINA S. HULL, CLERK OF COMMISSION MEMORANDUM DATE: August 9, 2021 TO: Planning Commission FROM: Clerk of the Commission SUBJECT: 1st Addition to the 8/10/2021 PC Subdivision Committee Agenda I. NEW BUSINESS 1. Tentative Subdivision Map Approval a. Subdivision Application No. S-2021-5 (Kukui‘ula Development Co. (Hawai‘i) LLC.) 2. Supplement #1 to Subdivision Report. c. Subdivision Application Mo. S2021-7 (Yellow Hale, LLC) 2. Revised Subdivision Report. 3. Supplemental Report #1 to Subdivision Report. Ka'aina S.Hull Diredor ofPlanning Jodi A.Higuchi-Sayegusa DepLity Oircctor ofPlanning COUNTY OF KAUA'l PLANNING DEPARTMENT SUPPLEMENT#1 TO SUBDIVISION REPORT RE: APPLICANT: Subdivision Application No.S-2021-5 Kukui'ula Development Company,LLC. III.EVALUATION (CONT1NUED) Modification of Requirement As represented,the Applicant is requesting deviations from requirements in the Kaua'i County Code,1987 (KCC)that would exempt roadway requirements specified by the Subdivision Ordinance as it relates to construction of curbs,gutters,and sidewalks along the roadway frontages,pursuant to Section 9-2.3(e),and to allow the use ofdrainage swales in lieu ofraised curbs and gutters on both sides ofthe proposed roadways. In considering the proposal,it should be noted that the primary access road serving the master planned community (Ala Kukui'ula)has been previously approved to deviate from the roadway standards typically found in the residential developments in this area.At the time (circa.2004),the roadway standards did not feature sidewalks for residential development except where the density allows for 10 or more units per acre.Since then,the roadway standards have been revised. [t is noted that the construction of curbs,gutters and sidewalks is a standard requirement for subdivisions within the Residential District where the density allows for four (4)or more units per acre (R-4),Resort District,as well as developments within the Commercial District.The requested deviation would allow the subdivider to continue the character ofthe interior roadways within the project area (refer to Applicant's correspondence dated August 04,2021).The Applicant's exhibit shows there is an existing sidewalk along the makai side ofAla Kukui'ula and the request to deviate from this standard would allow the Applicant to have a subdivision that would be similar to the completed residential subdivisions in this community.For those completed subdivisions,there are sidewalks on only one side ofthe roadway or for only a portion ofthe interior roadways. Subdivision Application No.S-2021-5 Supplement #l to Subdivision Report Kukui'ula Development Company,LLC. 08.10.2021 ^:.!.^.^. AU6 1 O 2021 The roadivays within this planned community are private and maintained by the developer.In the event the roadways are dedicated to the County,then the roadways should be retrofitted to comply with the present roadway standards. In evaluating the Applicant's request,no problems are foreseen in granting the Modification of Requirement to allow a deviation from the requirement to construct curbs,gutters and sidewalks along a roadway and to allow a drainage system featuring drainage swales in lieu of raised curbs and gutters based on the following reasons: a.The proposed roadways would be constructed similar to completed roadways within the planned community and be consistent with the infrastructure serving this area.Furthermore,the roadways within this development are not intended to function as part ofthe County's public street system for the Southshore area (Poipu/K.ukui'ula).Its primary design is to promote slower traffic speeds within the community and provide a more rural character; b.The Public Path and Trails Exhibit dated October 2020,and previous versions provided to the department by the Applicant,do not show this area as a part ofthe trail system within the planned community,which is required by Condition No.15 ofOrdinance No.PM-2004-370;and c.In the event the private roadways are dedicated to the County,the developer would be required to retrofit the roadway to comply with the present roadway standards. Based on the reasons noted above,the department supports the Applicant's deviation request and recommends its approval.However the Applicant should be made aware that in the event these private roadways are dedicated to the County,the developer (Kukui'ula) would be required to retrofit the roadways to comply with the present roadway standards that are administered by the County Department ofPublic Works,Engineering Division. A.Estes,Planner Subdivision Application No.S-2021-5 Supplement #I to Subdivision Report Kukui'ula Development Company,LL.C. 08 10.2021 rj SOUTII SIIOR1-:,KAUA'I '"t-.•:•••^t"'_'';;or ;-.,„;, PL.i.r'tNINGDEP;, 21 AUG-4 P1 :|9 August 4,2021 REC£iVtu Mr.Kenny Estes Counly ofKauai 4444 Rice Street Lihue,Hawaii 96756 Re:Subdivision ofLot 19 -Kukui'ula Parcel H S-2021-5 Kemiy — Please accept this letter as Kukui ula s formal request for a 'vvaiver'from portions of County Ordinance No.946 (commonly kiiown as the 'Complete Streets'ordinance) related to dual sidewalks and street curbs and gutter as follows: 1)We propose the use of County DPW approved drainage swales on both sides of the residential street in licu of raised curbs and gutters on both sides of the street. 2)We propose the installation ofno new sidewalks frontiiig the proposed residential lots ofthis subdivision for the following reasons: a.The residential stl'eet serves only 10 residential lots. b.Additional sidevvalks are umieccesaiy because there is aii alternative nearby (within 100')existing 'arterial'sidewalk (along Ala Kukui'ula) serving the proposed 10 residential lots c.Dual sidewalks would,in the applicant's opinion,be out of character vvitll the proposed conununity Ordinance No.946 allows for the above deviations.We therefore respectfully request that in tlie Subdivision Map Conditions ofApproval,these deviations be specifically addressed (and granted). Please let me faiow ifyou need anytliing else ! 2700 KE ALAULA STREET,SUITE B,KOLOA,Hl 96756 1.808742.6304 |v..KUKUIUI.A.COM Mahalo Lindsay Crawford Senior Project Manager Cc:Dave Hutchinson -KDCI-I Dennis Esaki -Esaki Surveying &Mappin; EXISTING SIDEWALK SUBDIVIS10N OF LOT 19 Kukuiulo Parcel H SubdivisionBgingaPortlonofR.P.6714. LC.Aw.77U-B,Ap.2 to M.Kekuotrto no M.K&kuonooa 1NTO LOTS 19-A THRU 19-H.INCLUSIVE 13-J,19-K,AND ROADWAY LOT ^9-L AND EASEMENT A-2 KBl.OA.KAUM,HAWAI'1 Tai Ucp Kty.(4)2.B-22:SS Kuliuruln E>«n)apnitnl Co.U.C OBli July 2.3011 Ka'aina S.Hull Dircclor ol'Planniny Jodi A.Higuchi Sayegusa Dcputy Dircctor ol [^Ianning I.SUMMARY Action Required by Planning Commission: Subdivision I'ermit No. Name of Applicant(s) COUNTYOFKAUA1! PLANNING DEPARTMENT SUBDIVISION REPORT Consideration ofSubdivision Application No.S-2021-7 that involves a two (2)lot consolidation and re-subdivision into t'our (4)lots. Application No.S-2021-7 YELLOW HALE.LLC. II.PROJECT INFORMAT10N Map Title Tax Map Key(s): Zoning: State Land Use District(s): Consolidation ofLot 88 ofLand Court Consolidation 164 and Lot B, Being Portion ol L.C.Aw.2668,Apana 1 and Resubdivision into Lots 1 through 4,Inclusive Ka Ua Noe O Koloa at Koloa,Kaua'i,Hawai'i. 2-8-014:032 Area:27.885 acres I^esidential (R-l 0)/Open (0) Llrban General Plan Designation: Resort AGENCY COMMENTS COK Public Works COK Water: D Other(s) 06.17.202 Pending D State DOT-Highways: StateHealth:06.15.202 DLNR-SHPD:Pending EX1STING ROAU RIGHT-OF-WAY(S) Road Name Kiahuna Plantation Drive Pa'u A Laka Street Existing Width 24 feet 24 feet Required Width 60 teet 60 feet Pavement YES a N0 D a D Reserve APPLICABLE FEES Environmental Impact Assessment (EIA) Park Dedication Appraisal Report Required $250.00 $300.00 N/A III.EVALUATION The proposed development involves a four (4)lot subdivision that establishes two (2)lots with County Residential District (R-10)zoning,one (1)remnant lot zoned County Open (0)District and one (1)roadway lot.The site is within the State Land Use Urban District and within the Kaua'i General Plan Resort District.The intent ofthe subdivision is to separate Kiahuna Plantation Drive from existing Lot 88 and Lot B.Il should be noted that the portion ofK.iahuna Plantation Drive that traverses through Lot 88 and Lot B is a constructed roadway and it currently provides access to the 73-Iot Wainani at Kiahuna Subdivision (SubdivisionNo.S-2004-48)that was approved by the Kaua i PIanning Commission on October 24,2006. In evaluating the proposed development,it is further noted that development ol'the subject property was previously reviewed through Project Development Use Pennit PDU-2006-25, Use Permit U-2006-26 and CIass IV Zoning Permit Z-IV-2006-27 that involves construction ofa 280-unit multi-family residential project.The subject permits were approved with conditions by the Kaua'i Planning Commission on August 22,2006.In C3 co H considering the subdivision,the Applieant would fae subject to the applicable requirements ofthe foregoing permits. IV.RECOMMENDATION TENATIVE APPROVAL FINAL APPROVAL lApproval D Denied D Approval D Denied Tentative Approval subject to all requirements as noted on the I'ollow pages: AII conditions have been complied with Ij^lw-^DAteDirectorofTlanning Uirector of Planning Date V.AGENCY REQUIREMENTS I.Requirements ot the Planning Department: a.An iipdated preliminary title report tbr each sxisting lot shall be subittitted to fhe PIanning Department tor review. b.All existing and proposed easements,ifany,shall be identilled in the deed descriptions ofthe affected lots,draft copies ofwhich shall be submitted to the 1'lanning Department for review and approval. e.Pursuant to Section 9-3.8(b)ofthe Subdivision Ordinance.Kaua'i County Code (1987),the Applicant shall submit to the Planning Departmentan electronic record (digitized format)ofthe final subdivision map(s)on disk for record keeping purposes prior to final subdivision approval. d.The street labeling for Pau A Laka Street needs to be amended to Pa'u A Laka Street. e.A Park Dedication Fee ofThree Hundred Dollars ($300.00)shall be paid to the County ot'K.aua'i. f.An Environmental Impact Assessment Fee ofTwo Hundred Fifty Dollars ($250.00) shall be paid to the County of'Kaua'i. g.The Subdivider shall comply with the requirements in Section 9-2.3fe)ol'the Kaua'i County Code (1987)relating to the provision of curbs,gutters and sidewalks along Roadway Lot 2.The extent ofimprovements shall be resolved with the Planning Department and Department ot'Public Works prior to final subdivision map approval. h.The improvements within Roadway Lot 2 shall be constructed to tlie Department of Public Works standards for a "Minor Street classification. i.Relative to Condition No.1 .j.,the Applicant shall prepare and obtain construction plan approvals for necessary road.water.drainage,electrical and telephone utilities and tacilities,and either construct the same or post a surety bond tor completion. j.Pursuant to Section 9-2.7(a)ofthe Subdivision Ordinance,all electrical services, street light wiring and other utility and communication services shall be installed underground within the proposed residential subdivision. aiPasse S-2021 -7;Subdivision Keport Ycllow liillc,IJ.C. 118.111.2(ci k.The subject property was previously reviewed through Project Development Use Permit PDU-2006-25,Use Permit U-2006-26 and Class IV Zoning Permit Z-IV- 2006-27 that involves construction ol a 280-unit multi-family residential project. Prior to tinal subdivision approval,the Applicant shall be subject to the applicable requirements ot the forgoing permits.More particularly,the Applicant shall comply with Condition 2.that reads as tollows: (a)The Applicant shall provide clearance from SHPD that data recovery is complete for any non-significant sites on the parcel prior to any grading or grubbing on the site. (b)Prior to building permit approval,the Applicant shall provide to the Planning Department evidence that the subject parcel is clear ofhabitats for the Kaua'i cave amphipod or cave spiders worthy ofpreservation. 2.Requirements ofthe Department of'Public Works (DOW): a.The subdivider shall comply with all requirements ofthe Department ot'Water,if any,prior to final subdivision approval. 3.Requirements ol the Department ofHealth (DOH): a.The property is located within the covered area for Po'ipii Water Reclamation Facility private sewer treatment plant.AII lots and structures within new subdivision must connect to private sewer for Po'ipu Water Reclamation Facility. b.The property may harbor rodents which will be dispersed to the surrounding areas when the site is cleared.In accordance with Chapter 11-26.entitled "Vector Control",Title 11,HAR,the applicant shall ascertain the presence or absence ofrodents on the property.Should the presence ofrodents be determined,the applicant shall eradicate the rodents prior to clearing the site. c.Noise will be generated during the construction and grading phase ofthe project.The applicable maximum permissible sound levels as stated in Title 11. Hawaii Administrative Rules (HAR),Chapter 11-46,"Community Noise Control",shall not be exceeded,unless a noise permit is obtained from the State Department of Health (DOH). d.Temporary fugitive dust emissions could be emitted when the project site is prepared for construction and when construction activities occur.In accordance with Title 11,HAR Chapter 11-60.1,entitled "Air Pollution Control",effective air pollution control measures shall be provided to prevent or minimize any fugitive dust emissions caused by construction work from affecting the surrounding areas.This includes the offsite roadways used to enter/exit the project.The control measures include but are not limited to the use ofwater wagons,sprinkler systems,dust fences,etc. e.The construction waste that will be generated by the project shall be disposed of' at a solid waste disposal facility that complies with the applicable provisions ot Title 11,HAR,Chapter 11-58.1,"Solid Waste Management Control",the open burning ot any ofthese wastes on or offsite is prohibited. 4.The Applicant is advised the should any archaeological or historical resources be discovered during ground disturbing/construction work,all work in the area ofthe archaeological/historical findings shall immediately cease and the applicant shall 3|Page S-2021-7;Subdivision Kcpon Ydluwllalc.I.I.C. O^;.]0.2021 contact the State Department ofLand and Natural Resources,Historic Preservation Division and the Planning Department to detennine mitigation measures. 5.The Applicant is advised that prior to and/or during construction and use additional conditions may be imposed by government agencies.Should this occur,the applicant shall resolve these conditions with the respective agency(ies). The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view ofthe forthcoming public hearing process scheduled for AUGUST 10,2021 whereby the entire record should be considered prior to decision-making. The entire record should include but not be limited to: a.Pending government agency comments; b.Testimony from the general public and interested others;and c.The Applicant's response to staffs report and recommendation as provided herein. B /.^Ei. .KEJ^NETH A.ESTES,PLANNER P age S-2021-7;Subdiv]sit>nl(eport Yullowllak,I.I.f. 08.10.2021 Ka'ainaS.Hull Diri-'ctor iil !llLinniny COUNTY OF KAUA'I PLANNING DEPARTMENT SUPPLEMENT#1 TO SUBDIVISION REPORT Jodi A.Higuchi-Sayegusa Deputy Director of l)lanniny RE:Subdivision Application No.S-2021-7 APPLICANT:Yellow Hale,LLC. ADDITIONAL FINDINGS Attached for the Planning Commission's reference is supplemental information as follows: Communication from members ofthe public and organizations •Communication from Elizabeth Okinaka received August 09,2021 . •Communication from Kayla Matsushima received August 09,2021. •Communication from Kaniela Matsushima received August 09,2021 •Communication from Starlynn Kaupu received August 09,2021 . •Communication from Ana Mo Des received August 09,2021. •Communication from Jo Amsterdam received August 09,2021. •Communication from Lucky Kanahele received August 09,2021 . •Communication from Judy Dalton received August 09,2021 . •Communication from Meredith Cross received August 09,2021 . •Communication from Dennis Mendonca received August 08,2021. •Communication from Eileen Kechloian received August 08,2021 . •Communication from Linda Kay Ross received August 08,2021. •Communication from Deirdre Encamacion received August 08,2021. •Communication from Karla Saperstein received August 08,2021. •Communication from Roslyn Cummings received August 08,2021 . •Communication from Sierra Club of Hawaii,Kauai Group received August 08,2021. •Communication from James Erwin Zike Jr.received August 07,2021. •Communication from Summer Holwegner received August 07,2021. •Communication from Lynette Kaopuiki received August 07,2021. •Communication from Travis Thomas Mokiao received August 07,202 1.^.\.c-^. AU6 1 O 2021, Communication t'rom Thomas Whitham received August 07,2021. Communication from Rebecca DeRoos received August 07,2021. Communication from Noelani Josselin received August 07,2021. Communication from Jan Makepa received August 06,2021. Communication from Roel Arteaga received August 06,2021. Communication from David Sutton received August 06,2021. Communication from Marcia McPhail received August 06,2021. Communication from Dan Freund received August 06,2021. Communication from Regina Gregory received August 06,2021. Communication from Cheryl Ann Farrell received August 06,2021. Communication from Ahupuaa Puna O Kauai received August 06,202 1. Communication from Heatherbell Fong received August 06,2021. Communication from AIyssa Alayvilla received August 06,2021. Communication from Lileigh Thomas received August 06,2021. Communication from Sarah Wise received August 06,2021. Communication from Drea Dooley received August 06,2021. Communication from Tyler Smith received August 06,2021. Communication from Malina Hoopii-Foley received August 06,2021. Communication from Anna Morales received August 06,2021. Communication trom Brittny (Kulanui Naliipoaimoku)Perez received August 06,2021. Communication from Joan Levy received August 06,2021. Communication from Jessica (jesskml551@gmail.com)received August 06,2021. Communication from Aryn Mamizuka received August 06,2021. Communication from Ariana May received August 06,2021. Communication from Mary G.Waldrop received August 06,2021. Communication from Sarah Kanu received August 06,2021. Communication from Renee Rosemark Harper received August 06,2021 . Communication from Araceli Marquez received August 06,2021. Communication from Eileen Roach received August 06,2021. Communication from Theresa and Marvin Condotta received August 06,202 1. Communication from Kassandra Silva received August 06,2021. Communication from Jordan Loudon received August 06,2021. Communication trom Natalia Wyrd received August 06,2021. Communication from Anne English received August 06,2021. Communication from Regina L.Floyd received August 05,2021. Communication from Steven Thomas received August 05,2021. Communication from John Tillman received August 05,2021. Communication from Viviana Ruiz-Moreno received August 05,2021. Communication from Monica Banuelos received August 05,2021. Supplement #1 to Subdivisioii Report Subdivision Application No.S-2021-7 ^ellow Hale,I.t.C, OS 10.2021 Page 2 Communication Communication Communication 2021. Communication Communication Communication Communication Communication Communication Communication Communication Communication Communication Communication Communication Communication from Flora W.received August 05,2021. from Claudia L.Hart received August 05,2021. trom snuffleupaguslikesspaghetti@gmail.com received August 05. from Betty Winholtz received August 05,2021. from Lasita Shalev received August 05,2021. from Mark Shaffer received August 05,2021. from Noelani Moku received August 05,2021. from Shannon Stone received August 05,2021. from Hannah Wemer received August 05,2021. from Dawn F.Kawahara received August 05,2021. from Steven Ramar received August 05,2021. from Sylvia Partridge received August 05,2021. from Joan McCauley received August 05,2021. from Mai-Britt Ohlsen received August 05,2021. from Elizabeth Okinaka received August 03,2021. from Alex Stoddards received August 03,2021. A-S^- leth A.Estes >taff Planner Siipplement ^1 to Subdivision Report SubdivisionApplicationNo.S-2021-7 Ydlow Hale,LLC. 08.10.2021 Page 3 To the Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item l-1c,Subdivision application:S-2021-7 Aloha, My name is Kaniela Matsushima and I'm vvriting in this testimony to you to OPPOSE any and all developments in Koloa/Po ipu.We can clearly see all the desecration that has been done on the south side ofKaua'i to Native Hawaiian Burials and sacred sites throughout Koloa and Po'ipii for decades.Even after being told there were burials in the area,they dug anyway.Then after desecrating them,they call it "inadvertent find".The definition ofinadvertent is to mark by or resulting from carelessness;negligent.From the construction ofthe Grand Hyatt Hotel years ago to the recent Koloa Landing Resort -these are prime examples ofthe public (including Native Hawaiians)bringing forward knowledge and testimony for known burials/cemeteries, heiau,and other sacred sites PRIOR to permits being approved.But the Kaua'i Planning Commission approved the projects anyway. Kukui'ula development has many ali'i (chief)buried in the area along with hundreds ofvillagers. One ali'i was found wrapped in kapa and placed in a wa a (canoe).Another ali'i burial in Kukui'ula is at risk ofhaving a sewage waste system dropped into her tomb.I'm frustrated and saddened that this development is still going on to this day. I STRONGLY OPPOSE any and all future development in the Koloa cave systems areas. I OPPOSE the proposed projects:Poipu Beach Estates,Royal Palms at Poipu,Pili Mai,Kiahuna Poipu GolfResort,and Wainani at Poipu.Kiahuna alone is planned to have 280 multi family homes.If this development gets built and is filled to capacity,this would add anywhere from 280-560 more cars to our two lane roads ivhich are already overwhelmed which traffic.This would also put an even greater strain on our fragile ecosystem and natural resources. We notified the Kaua'i Burial Council ofthe burials ofour ancestors in these areas as vvell as culturally significant sites,but they have then claimed there are no burials or sacred sites.There's also a major threat to our endangered native cave spider (Adelocosa Anops)and amphipod (Spelaeorchestia Koloana).The US Fish and Wildlife Service listed this area as a critical habitat"for them,yet last week there was a video ofsomeone spraying pesticide/poison all throughout the area,There is clear negligence and lack of enforcement to protect these significant sites.PIease do not add to the problems we are already trying to correct. It's time the County ofKaua'i,Kaua'i Planning Commission,Department ofLand and Natural Resources,and Kaua'i Burial Council actually listen to us when we say "no more construction in Koloa and Po'ipu,no more desecration to our ancestors,no more polluting and/or destroying our cave systems (which are the nostrils ofour island),and no more poisoning our endangered native species. AS A KANAKA 'OIWI,NATIVE HAWAIIAN,STEWARD OF THIS 'AINA,ISTRONGLY OPPOSE ANY AND ALL FURTtIER DEVELOPMENT IN THE AREA. Mahalo, 'T<^~<.^^^S^"S- Kaniela Matsushima Kristen Romuar-Cabico From: Sent: To: Subj'ect: Kayla Matsushima <elysse2009@hotmail.com> Monday,August 9,2021 9:11 AM Planning Department Testimony ForAgenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kaual.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I STRONGLY OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled t'or hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. This parcel,called TMK (4)2-8-014:032,is the homeofendangered species,notably the native blind cave spider.There is a reason they are aknown and protected species here.This spider is found nowhere else in the world and has great significance in the Hawaiian Culture.The Department of the Interior has clearly documented areas of this TMK as protected habitat for these endangered species.It also holds cutturally significant sites,historic practices,and is a known and recognized Native Hawaiian burial site. The US Fish and Wildlife Service has noted this parcel,called TMK (4)2-8-014:032,to contain 'Critical Habitat'for at least 2 Endangered species - the Endangered Kauai Cave WolfSpider (Ade[ocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana),They have noted this as the last remaining ecosystem on the planet.These creatures exist only in Koloa -within the lava tubes and the areas connected to the adjacent property (TMK (4)2-814:32)through underground ecosystems. Agenda Item I-1 c,Subdivision application:S-2021 -7 on the Planning Commission lists the proposed activity as the building of 280 condominiums. The creation of this project would be in direct conflict of the protection of the species I Eisted above as wel!as the cultural significance and Native Hawaiian Burials. The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22.No action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. It is forthese reasons that I STRONGLY OPPOSE any activity on this property including,but not limited to,drilling,grubbing,grading,the administration of pesticides or poisons,and any other activity that would lead to the decimation of this ecosystena and the listed Endangered Species. Mahalo, Kayla Matsushima 808-346-8311 To the Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 1 STRONGLY OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am, 8/10/2021. This parcel,called TMK (4)2-8-014:032,is the home ofendangered species,notably the native blind cave spider.There is a reason they are a known and protected species here.This spider is found nowhere else in the world and has great significance in the Hawaiian Culture.The Department ofthe Interior has clearly documented areas ofthis TMK as protected habitat for these endangered species.It also holds culturally significant sites,historic practices,and is a known and recognized Native Hawaiian burial site. The US Fish and Wildlife Service has noted this parcel,called TMK (4)2-8-014:032,to contain 'Critical Habitat'for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops) and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).They have noted this as the last remaining ecosystem on the planet.These creatures exist only in Koloa -within the lava tubes and the areas connected to the adjacent property (TMK (4)2-814:32)through underground ecosystems. Agenda Item l-1c,Subdivision application:S-2021-7 on the Planning Commission lists the proposed activity as the building of 280 condominiums.The creation ofthis project would be in direct conflict of the protection ofthe species I listed above as well as the cultural significance and Native Hawaiian Burials. The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22.No action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. It is for these reasons that I STRONGLY OPPOSE any activity on this property including,but not limited to,drilling,grubbing,grading,the administration ofpesticides or poisons,and any other activity that would lead to the decimation ofthis ecosystem and the listed Endangered Species. Mahalo, Kayla Matsushima 808-346-8311 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Jo Amsterdann <joamsterdam@hotmail.com> Monday,August9,2021 11:16 AM Planning Department Gary Hooser AGENDAITEMS-2021-7 CAUTION:This emall originated from outside the County of Kauai.Do not click links or open attachments even Jf the sender is known to you unless It is something you were expecting. Aloha Planning Department, 1 oppose the consolidation and planned Subdivision ofTMK (4)2-8-014:032.This area is home to the cave spider which is in danger of becoming extinct.There are many culturally significant places with in this area including heiau and many Iwi Kupuna.We don't need more expensive homes for people who don't live here yet.A conflict of interest also seems to be a part of this whole plan.5 million to the county as a "gift"?Listed as Critical Habitat for other than humans...let's not put human in there. Thank you for your consideration.Let's be Pono together.sincerely Jo Amsterdam. Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Elizabeth Okinaka <elizabeth.eolakakouhawaii@gmail.com> Monday,August 9,2021 1:02 PM Planning Department Alan.S.Downer@hawaii.gov;Bill DeCosta;Felicia Cowden;Kmarkell@oha.org; Susan.A.Lebo@hawaii.gov;Tinger,John;aaron_nadig@fws.gov,· david.buckley@hawaii.gov;kipukai.kualii@gmail.com;Mason Chock Oppose Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Please accept the following comment submitted on behalf of E Ola Kakou Hawaii,a 501(c)(3)Non profit committed to the preservation and ensuring access to historical,cultural sites and burials. We file this comment in strong opposition to take any action by the County pertaining to TMK 2-8- 014:032 and TMK 2-8-014:041. These undeveloped parcelsthatserve as a natural drainage basin forthe Kiahuna GolfVillage,are home to the endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).Portions of these parcels are designated habitat for several endangered species and include Hawaiian burials sites and caverns and other culturally significant archeological features.There are 3 Burials Mounds in total on this property.They are accessed by the cave entrances directly surrounding the property. 1 spoke to Missy Kamai of Cultural Surveys Hawaii on site.She explained that the lot needed to be cleared by hand,then a full team would conduct a survey.This never happened,the county has failed to follow proper protocol.There are pending complaints filed with SHPD,DLNR and COK for this property.Burial Registry and Lineal Descent forms have been filed with SHPD since Feb 2021. This property has been illegally bulldozer,grated,drilled and poison sprayed heavily since Dec 2020. All of these in direct Violations of the Endangered Species Act &Related Project conditions The Koloa Cave Ecosystem is considered to be one of the 10 most critically endangered cave ecosystems in the world.It is also part of the Historic koloa field sytstem,and only feet away from Historic Hapa trail. The drilling that occurred in April also another direct violation,no Cultural Monitors were present,nor any Geo Fencing or protections cultural sensitive areas. There are multiple lineal descendants coming forward with knowledge of burials in this land! httos://dlnr.hawaii.eov/WD-content/UDloads/2016/12/D-22.pdf 1 In 2016 the county agreed: "County shall,in the future,consider the Koloa Field System to be a significant historic property, which consisted of a set of interrelated features hannoniously interacting to form a unified whole" "The County admits that when it granted subdivision for the EAK Trust's VAP Subdivision it failed to:(a)adequately protect significant historic properties on.the EAK Trust Lots;(b)comply with the historic preservation review process;and (c)adequately protect traditional and customary practices" In Docket A76-418 Moana Corporation LUC states that:tmk (4)2-8-1-4:32"must comply with the same conditions per the Eric A Knudsen Trust" In the following links,you will find ample authority and mandates for the fact that no development can occur absent total compliance with conditions and findings set forth in the Uecision dnd Order of the State Land Use Comini^siuii,a pertinent portion of which states, "The presence ofextensive archeological remains on and in the area ofthe subject property is generally known.Petitioner,therefore,commissioned the Bernice P.Bishop Museum to conduct an archeological survey ofthe area which was filed in the proceeding as a Petitioner's Exhibit "X"and is entitled Archeological Reconnaissance Survey of Knudsen Trust Land At Koloa,Poipu,Kauai.That survey reveals and the Commission therefore finds as follows: (a)A substantial number of archeological sites exist on approximately 200 acres within the southern and eastern portions ofthe subject property; (b)These sites fall within the categories of platforms or varied forms,enclosures,modified actual features such as outcrops and sinkholes;large wall-structures;agricultural complexes with varied mounds,terraces and plots;lava tubes;simple stone structures with no definite functions; irrigated pondfields (lo i)and irrigation ditches (auwai);foot trails and historic sites such as houses, tombs and ovens; (c)"These sites appear to be the remains ofextensive agricultural complex that at one time stretched from Koloa Town to the Coast." Page 18-19 Moana-CorDoration Decision and Orderd The following questions,comments,and concerns are listed below,organized by violation of law and/or condition. I.Violations of the Endangered Soecies Act &Related Proiect Conditions •Why was the USFWS not contacted about the subdivision approval,which will impact the federally protected,endangered Kauai cave amphipod and spiders that have been found on the parcel? •This subdivision application references construction of streets,underground utilities, curbs,gutters,and sidewalks upon approval by the Planning Commission. In 1977,the LUC imposed a variety of conditions,including condition #7,requiring comprehensive archeological and biological study and preservation of archeological sites and habitats of the Kauai cave spiders and sandhoppers.l KMP has repeatedly attempted to assert no presence of the cave spiders and amphipods.In 2014,KMP petitioned for the deletion of multiple conditions,including Condition 7,asserting that its prior surveys fulfilled the condition.2 The USFWS recommended denial of the petition,stating there were endangered Kauai cave spiders and amphipods found on the parcel.3 USFWS noted there are likely spiders on other portions of the property not found in certain surveys because they live in underground portions not reachable by surveys. •The USFWS "recommended that KMP applies for an incidental take permit"and develop a habitat conservation plan.KMP failed to do. Immediately after opposition from USFWS (and from OP about insufficient traffic impact),KMP filed to withdraw its petition,which the LUC granted.4 Condition 7 still governs any development on the property,including anything authorized by a subdivision approval (such as construction of roads,utilities,sewers.).KMP cannot skirt their obligations to follow federal and state laws through a subdivision approval and piecemealing of their project environmental review. In KMP's recent 2018-2019 annual report,filed to the LUC in February 2020,KMP again asserted that condition 7 had been fulfilled.Yet in this assertion,KMP failed to point to any surveys conducted since the 2014 USFWS letter.5 KMP has already violated ESA and condition #7 via: •Unauthorized drilling in April and May 2021. •Placement of open rat poison around the property that could seep into the ground in JulyandAugust2021. •The USFWS 2014 letter noted the threat of pesticide use to these species. •Further,this specific project's 2006 Zoning Approval required that "prior to building permit approval,"the project must provide to the Planning Department evidence that the area is clear of habitats for the Kauai cave amphipod or spiders.6 •Any permits issued before the subsequent USFWS 2014 letter,confirming the presence of cave spiders after KMP's prior representations about the presence of cave spiders, arevoid. Violations of the Clean Water Act •Has the County assured there will not be any impacts from construction and the project on nearby waters and coastal resources,including Koloa Landing and Waikoma Stream,that necessitate a NPDES permit? •There are serious concerns of CWA violations from the placement of open-facing pest poison on the property,which could drain into nearby coastal resources via runoff. •Will the County need to ensure/modify a NPDES permit for the project's additional discharge that will be added to and treated by the Poipu Water Reclamation Facility? •Have subsequent studies been done since the 2006 zoning approval to ensure that this project can be serviced in light of since-approved development and population increase, as well as other planned projects in the near future? Archaeological Resources •This Subdivision approval itself requires all work to "immediately cease"upon discovery of archeological or historical resources,and the applicant must contact the State Department of Land and Natural Resources,Historical Preservation Division,and Planning Departmentto determine mitigation measures. •Yet the developer conducted drilling in April and May 2021 without any supervision or the required permits. •In its illegal drilling,the developer has violated the LUC conditions and Hawaiian law.Actual surveysare needed. [1]httos://luc.hawaii.gov/WD-content/uDloads/2014/03/A76-418 Moana-CorDoration DO 7-11- 1977.0df [2]https://luc.hawaii.gov/WD-content/UDloads/2014/01/A76-418-Motion-to-Delete-Conditions-5-7- 12.pdf [3]httDS://luc.hawaii.gov/WD-content/uploads/2014/01/A76-418-OP-Exhibit-C-D-E.pdf [4]https://luc.hawaii.KOV/WD-content/uoloads/2014/03/A76-418-ORDER-GRANTING-RQST-TO- WITHDRAW-MOTION.pdf [5]httDS://luc.hawaii.gov/wD-content/uploads/2020/02/A76-418 Kiahuna-Mauka-Partners- LL^Annual-ReporL2018-2019 2.26.2020.pdf [6]https://www.droDbox.com/sh/i23nrRb01wval7h/AAD8rvSmZvHaU3ULT128Vllba/Z-IV-2006- 27%20Kiahuna%20PoiDu%20Golf%20Resort%20LLC%20(4)2-8-014-32?dl=0&preview=Z-IV-2006- 27 Kiahuna Poipu Golf Resort KMP-4.pdf&subfolder nav trackine=l Formore information: httDS://luc.hawaii.eov/WD-content/uDloads/2014/03/A76-418 Moana-CorDoration DO 7-11- 1977.0df htto://oeac2.doh.hawaii.eov/EA EIS Archive/1976-05-DD-KA-FEIS-Kiahuna-Golf-Vi|!age.@df httDS://luc.hawaii.gov/wD-content/UDloads/2014/01/A76-418-OP-Exhibit-C-D-E.Ddf https://www.govinfo.gov/content/Dkg/FR-2003-04-09/Ddf/03-8180.pdf httos://luc.hawaii.gov/WD-content/uoloads/2014/01/A76-418-OP-ResDonse-to-Motipn-4-4-14- FINAL.pdf httDS://luc.hawaii.Bov/WD-content/uDloads/2014/03/A76-418 Moana-Corporation Bill-of- Particulars 5-16-1996.Ddf Mahalo for accepting our comment in strong opposition to Agenda Item l-1c,Subdivision application: S-2021-7 Yellow Hale LLC E Ola Kakou Hawaii 501(c)(3) Kristen Romuar-Cabico From: Sent: To: Subject: Starlynn Kaupu <kstarlynn@gmail.com> Monday,August 9,2021 11:59 AM Planning Department 1 oppose the subdivision ofTMK (4)2-8-014:032 CAUTION:This email originated from outside the CountyofKauai.Do not click links oropen attachments even ifthe sender is known to you unless it is something you were expecting. To the Kauai Planning Commission Re:Subdivsion application:S-2021-7 1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32) The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of condos or development of this important property. This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse actually or in terms of perception than for the County to approve any motions that would allow for an area designated by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos. This doesn't begin to cover the cultural issues related to Iwi Kupuna and burials,of which there are many relating to the propierty. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species Sent from my iPhone Aloha members of the Planning Commission, It is now evident that there is obvious corruption existing within the county level with the acceptance of the 5 million dollar payout or bribe by the housing department resulting in a letter of support on behalf of the developer to approve this subdivision request.This is undeveloped,untouched land.There is protocol that has not been met by the developer (Gary Pinkston/Yellow Hale)and worse than that the developer has lied to the community about the survey being completed and on record to the KPD.There are evident steps to take when dealing with undeveloped land where a cultural survey has been requested.The first step is an inventory survey where someone goes in and takes note of any potentially significant areas,the next step is a data recovery survey where a team goes in and investigates with detail and precision each area so that the third step may be accomplished which is identifying any and every culturally significant area to be protected and maintained in perpetuity.Steps two and three were never accomplished due to what we can now only assume to be threats or bribery. This area has been monitored and actions have been documented.The developer brought in heavy destructive machinery (without monitors present)and then bulldozed the pathway during off hours and now maintains the path by spraying poison continuously,have you all read testimony discussing the environmental damage for federally protected species only existing in this place [Koloa]out of any other place in the world?This is an explicit breach of protocol and this developer should not receive any allowances as he has proved to the community to be extremely shady in his operations when it comes to following the law and proper protocol stated to ensure that what is truly valuable remain in existence.We need a true,authentic, current and complete cultural survey with a teams data recovery process so we even know the level that we are dealing with.The community wouldn't be so adamant about this if we didn't see with our own eyes the significance of this place.If the subdivision gets approved the EIS demands change and the planning department will be added to the lawsuit.If the developer wasn't trying to hide something he wouldn't be going down this path.We'll sue the county for negligence regarding protocol to ensure cultural and environmental protection and consider the five million dollars received by the housing department as a bribe to avoid proper evaluation. The entire community opposes this development and anyone coming forward in support is on the developers payroll.Please do what is right on behalf of the community and do not approve this subdivision,strongly oppose subdivision permit N0.S-2021-7,TMK:(4)2-8-014:032. 1 appreciate the ability to submit testimony on this extremely important decision you have to make and for all of your time spent reading testimony on this issue. MaHaLo, Ana Mo Des Kalaheo/Koloa Kristen Romuar-Cabico From: Sent: To: Subject: Lucky Kanahele <247pono@gnnail.com> Monday,August 9,2021 8:46 AM Planning Department Kauanoe O Koloa Kiahuna Project. CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Kauai Planning Commission Re:Subdivsion application:S-2021-7 1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32) The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of condos ordevelopment ofthis important property. This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse actuallyor in terms of perception than forthe Countyto approve anymotionsthatwould allowforan area designated by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos. This doesn t begin to coverthe cultural issues related to Iwi Kupuna and burials,ofwhich there are many relating to the property. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species Sent from my iPhone Kristen Romuar-Cabico From: Sent: To: Subject: Meredith Cross <malibumer.nunn@gmail.com> Monday,August 9,2021 2:55 PM Planning Department 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Plannmg Commission at 8:30 am, 8/10/2021. TMK (4)2-8-014:032 is home to endangered species,mcluding the blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbmg,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.See also Land Use Commission requirements that have yet to be satisfied: https://luc.hawaii.Kt)V/wp-conlent/uploads/2()14/()l/A76-418-OP-Response-to-Motiun-4-4-14- FDsfALjxif https://luc.hawaii.gov/wp-c()ntent/uploads/2()14/03/A76-418 Moana-Corporation_DO 7-11- 1977.pdf https://luc.hawaii.gov/wp-content/uploads/2()14/()3/A76-418 Moana-Corporation Bill-of- Pcirticulars ,5 -16-1996.pdf The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see Imks that 1 follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. Mahalo, Meredith Cross Kapaa Kristen Romuar-Cabico From: Sent: To: Subject: Dennis Mendonca <dennism08@gmail.com> Sunday,August 8,2021 7:44 PM Planning Department Subdivision Application S02021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Plarming Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am, 8/10/2021. There are a lot of reasons to oppose this deal in its current form.What most speaks to me is the waiving of the 20%of workforce housingfora mere 5 million dollars.The developerwill likelygrosswell over 141 million dollars.Halfofthat income would be 71 million.20%of tht would be 14 million dollars.1 know these are very rough figures but it doesn't take rocket science to see that 5 million is grossly inadequate. This deal makes no sense for the county as whole.It ignores the dire circumstances of affordable housing on Kauai. Kauai is becoming a place where only the rich can live and this deal will further perpetuate that injustice.Please reject this deal in its current form. Thank You for listening to my concerns. Dennis Mendonca 808-652-2505 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Eileen Kechloian <backonisland@gmail.com> Sunday,August 8,2021 7:39 PM Planning Department Alexis.M.caramonte@hawaii.gov;David.Buckley@hawaii.gov,·Pifwoadmin@fws.gov; She!eigh.Solis@hawaii,gov;alan.s.Downer@hawaii.gov,·cab@doh.hawaii; dlnr.cwrm@hawaii.gov;hdoa.pested@hawaii.gov;hhammatt@culturalsun/eys.com; naPuamakanihcp@fws.gov Agenda Item l-1c,Subdivision application :S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Re:Agenda Item I-lc,Subdivision application:S-2021-7 Aloha Subdivision Committee and Members of the Kauai County Plannin| Commission, I write in opposition to any action by the County pertaining to TMK 2-8-014:032 and TMK 2-8-014:041,undeveloped parcels."No Action"should be taken. The applicant is in violation ofyour own (Kaua'i County)zoning conditions set out by the Kauai County Council and Mayor.This is reason enough to take "no action" on this significant step in the development of these properties.The applicant i.s also,in violation of State of Hawaii Land Use Commission zoning conditions.The applicant has proceeded with work without proper permits in violation of County, State and Federal laws (applicant does not have Federal Take permit). Violations of Kaua'i County Council conditions: Comment based on exhibit E entitled Ordinance number PM-31-79.Bill No.585.An ordinance amendin; ordinance No.164 comprehensive zoning ordinance of the county of Kauai (Moana Corporation)htto://luc.hawaii.Bov/WD-content/uploads/2014/01/A76-418-OP-Exhibit-C-D-E.pdf Applicant violated the above named Ordinance set out by Kauai County Council as follows: "5.)The applicant shall preserve: a.)five archaeological sites identified in the archaeological and biological report and cause no construction or alteration or other land disturbances on said sites except for preservation and restoration of the sites. b.)the two lava tube's containing the habitat of the islands big eyed hunting spider and protect these from man-made encroachments.Permission to re-survey three other caves that are potential habitats,shall be granted for scientific purposes,before these caves are destroyed. 6.)No site identified in the report,"Archaeological and Biological surveyofthe proposed Kiahuna GolfCourse Village Area,Koloa,Kona,Kauai Island,Hawaii"shall be graded,grubbed,bulldozed,or in any way destroyed unless in accordance with a plan,mutually agreed-upon by the applicant and the Archeologist that has been prepared where by the archaeological salvage will be accomplished by a means of coordinating any grading,grubbing or similar work by the applicant with the archaeological salvage." The Applicant is a bad actor as shown in this photo of a rock crusher being used on their culturally sensitive site.A rock crusher requires a permit from The State of Hawaii Dept of Health Clean Air branch.The applicant is required to send in a report every time the rock crusher is moved and a record of BTU's used is required.The second white object in the picture is a navigation buoy that is repurposed to hold between 300 and 500 gallons of fuel.This requires what is known as "purple fuel"as dirty fuel is not permitted.As is evident in this photo that is taken from Kaua'i County TMK records from 10/25/2020,less than a year ago,the rock crusher is hidden from site by tall bushes.Bad actors hide activities that they do not have permits to do.Here the applicant has violated the Kauai County Council's condition for the zoning change,violated the State of Hawaii Clean Air permitting and the Federal clean Air Act. 4:46 PM SatAug7 B qpublic.schneidercorp.com SLayers Map Search Results R.epori:Sates Search SatesList Sales Rcs.ults Home More (3 iSi ft>Z<4"-^ Pictometry httos://aoublic.schneidercorD.com/ADolication.aspx?ApolD=986&LaverlD=20101&PaeeTvDelD=4&PagelD=10365&K evValue=280140320000 Link to photo online. Further prior to your approval the following conditions must be met from the same Zoning Ordinance Amendment: 4.That the applicant dedicate to the county of Kauai approximately 20 acres of land makai of Poipu Beach road and abutting Poipu beach park for expansion of the park.With respect to this condition,the dedication shall occur as soon as the applicant may reasonably obtain a subdivision of said property but shall not be required to make the dedication in 4 less than two years from the date of zoning approval but not more than five years from the date here of.The applicant shall further sign an agreement with the county of Kauai to this effect;such agreement shall give the county the right to occupy and improve the property if necessary. 8.The applicant shall provide a minimum 6 feet wide public pedestrian access from the commercial area to the beach site.Public restrooms and showers shall also be provided and maintained by the applicant in the vicinity of the existing beach right away.The applicant shall further provide alternative parking plans for additional parking stalls for beach goers in the vicinity of the Hoone street cul-de-sac. 11.The drainage diversion channels shall be reviewed and approved by the public works department,and settling basins shall be provided if required. 12.The grading ofthe subject development shall comply with grading ordinance No.262.The maximum area of land that may be open for grading or grubbing is 20 acres.Additional area shall not be open for grading or grubbing until measures to prevent dust or erosion problems in the area already graded and grub have been satisfactorily complete. 13.The applicant shall be required to tie in its efforts in providing sewage facilities for the project with the county planning for sewage facilities,and Shall work with the department of health and department of public works towards the development of regional sewage treatment plant. 14.If applicant is to use water provided by the department of water applicant shall be required to contribute to the department of water it's pro rata share of the cost to provide domestic water to the subject parcel. 17.A landscape buffer zone shall be provided along Poipu Road.Open vistas from Poipu Road to the golf courses shall be,however,provided to create a feeling of openness along Poipu Road. 18.The applicant shall meet with the planning department and public works department relative to the future improvements to Hapa Road,and its relationship to the traffic circulation. 19.Prior to the approval of any subdivision or zoning permit,the applicant shall provide the following: a.)qualifying criteria for employee housing and preferential rates or purchase prices for employees; b.)Alternative plans for additional parking areas for beach goers located in the vicinity of Hoonani Road cul-de-sac; c.)Amphitheater design criteria,use restrictions in alternative site if relocation is necessary. 21.Prior to and during any development or construction all applicable state and county laws,codes,ordinances,rules and regulations be complied with." Before the Planning Commission,Subdivision Committee takes any actions the Applicant must provide you with proof of compliance and or completion of these conditions and others required by the Kaua'i County Council. This Applicant is a bad actor and should be treated as such.Here are other examples ofthe applicant's blatant disregard for you,the State of Hawaii and the Federal Government.In a promotional video on their website it shows heavy 5 equipment (trackhoe)on their parcels.The Applicant has left a perimeter oftrees and brush so as to hide the use ofthe trackhoe from outside the property borders.The applicant does not have a grubbing and grading permit.This is a link to their Facebook page that shows the trackhoe working on the parcels the applicant has requested your assistance in their next significant step towards development.The trackhoe is seen at 10 seconds through 14 seconds into the 45 second video.This video also shows a road put in with a heavy equipment.The road shows it has been freshly put in as there is limited to no vegetation on it nor any erosion control precautions taken to prevent runoff or soil movement into the endangered blind spider habitat.httDS://www.facebook.com/KauanoeKauai/videos/114889483894786/?hc ref=ARRPKFYHLNOnkz3uwBDWpcJ oZGVSfEixGC3L-MkuoQOJmAaZvAQRVsa511GOw3bDhQY&tn =kC-R 3:06 PM SunAugS IsUnltySoft'0SiteMap|Kai X 0 Facebook X @ h<tps://luc.ha X @ luc.hawaii.go X ^->e a facebook.com Up Next feftmSS^ Kauanoe o Koloa 1 Comment 1 Share T!9 Views -about 6 months ago •Poipy •0 Located in beautiful Po'ipu on Kauai's highly desirable south shore,you'll find this brand-nsw condominium home opportunity at Kauanoe o Koloa.Adjacent to the restaurants,and resorts,Kauanoe o Koloa and 4 bedroom condominiums from $795, For details,visit www.KauanoeKauai.com c (808)688-5882 today. "*""<»•* •-<*,; •K^"ISiBi^-,... »!,'« i% -"•(D,UB|l|t(i -i •"IIW I.Wss^-'' 'w •K There is also evidence ofground disturbance,heavy equipment,grubbing and grading on the video from the applicant's website. https://www.kauanoekauai.com/PaBe/Gallerv-AerialView This bad actor (applicant)is also setting out poison at night at various locations on the site.This activity puts the endangered Pueo owl at risk of death as well as the endangered Nene,Koloa Duck and Blind Cave Spider that are all reported to be on these parcels and adjacent parcels by the Bishop Museum report for the Kiahuna Golf Village Area in Koloa.This also puts at risk the community's of Wainani,Pili Mai and Poipu Golf Village dogs and cats.The applicant is required to have a permit from the Department of Agriculture to open broadcast poison.This permit requires special training. £ Poison set in multiple sites. As a government agency,the Planning Department is required by the State of Hawaii law to request from any and all agencies that may be affected by their decision,information as to whether or not your approval will have negative consequences on their agency's ability to perform their function.If such requests are not made then your agency shall bear the full weight of said ramifications.From which agencies have you requested feedback?State Historic Preservation Division ?USFWS? In a letter dated March 24,2014 USFWS speaks out on protection of endangered species on this property and adjacent properties.Here is the link to the full letter and other exhibits. http://luc.hawaii.eov/WD-content/UDloads/2014/01/A76-418-OP-Exhibit-C-D-E.pdf 9 Unitecl States Deparlment ofthe Interioi FISH ANI)VVIIJ)!.!!'-!';SliKVlCE Kaciric l.sliinds Fish ;inci VVildtite OtTicc 300 AI;i MO.KUI Biiulcvard.Rwim 3-122 llonoltltu.1-lawai'i t)()S50 lll Ruply Ret'er 'l'o: 2014-TA-0142 Mr.Jcssu K.Soiiki Oft'ice ut'Plannin.u Slalc ul'IIiiwai'i 235 Souih Beretania Street Honoliilu.Hawai'i 96786 10 w Subjeci:Tcchnical Assistancc I'tir Mulion tt>Aiiicncl Conilitioiis Nos.5 ;inc Dccision and Orctcr.TMK 2-8-12:05.07.()<S.I'OR.19,20.21.2C 2-8-29:l-y4,Poipu,K;>u;i'i Dear Mr.Souki: Thc U.S.Fish and Wildlifc Scrvicc (Scrvicu)rccuived yoiir lettcr datucl Jnnuary ^ regarding ihc etTccts ot'a Motion to Amciid hy Mo.in.'i Coiporaiioii (Ki;il)iiii<i Mu LLC (KMP))wtiich propusus to dclclc contlilions nuniburs 5 ;iiid 7 lliroiitili 22 ol Orders dated July 7,1977 .ind Aiigust 5.1997.Tlic dclction.s iirc |iropo.scd by KI of tidministralivu dliciuiicy lli.il llic s;ii(.l conclilion.s havc been met t'lilly or sub.sl; are no longcr applicable,or can and will bc cnlbrcud by tliu Coiinty ol'K;ui;i'i ;IIK ruqiiircd to bu enl'orecd by (IK'Land Usc Cuniniission. Wc reviewed the Molion to Aiiiciid piirsiiaiil to ilic EiHl;ingcrcti Spccics Act ol'I1 iimuntlud (16 U.S.C.1531 c/.vn/.).Thc int'ormaiion yoii provided niid pcrtineni i oiir t'ilcs.iiidiciitc thc ciuliingurcil Kiiiia'i c;ivu wulf'spider (Adrtocosa ciiiop.'i),inc Kaua'i cave amphipod {SiH'lcu'orrlH'.'itui knfiiaiia)aru in tlie vicinily ot'TMK 2-S- I'OR.19.20.21.26-36;2-8-15:77:2-8-29:1-94.Crilical liabit.it hiis been leder, t'ur tliesc species 011 appfuxiiiiatcly d-aercs ot"l;)i)cl surruiiiK.lii)!.:;iiid incliidinL;tliu C;ivc on April 9.2003 (68 FK I7430-1 7470).Atljuccnt propci-lius h;ivu ;ils<i hcn critical li;ibit;it for tliese cave specius.Fur thu conscrvalioii ;IIK||->i(ituclit)ii ol tlic Kaua'i cavc vvollsi)i(ler iind l<au;i'i c;ivc ;iiiipliipud wc ;irc provitliiiu tlic l't>lli)wii recoinmcndations to assist you in ihe preparation ol'the State's response (u tlie L; Commi.ssion's licnring on thc Molion.Thc Servicu's posilioi)lias nt)l t.'hangutl In corrcspondence with KMP 011 Ot.-ldhur 26.200fi,reitcruiin^lliiit Itiy ;ihsei)cc ol'th amphipods fron'i llic accessiblu Ki;ilu]ii;i Miikni Cavc ddcs iiol intlic.ilc llinl ll'iey t witliiti tlic incsociivunis ol ihe siiri otindiii.si arc;is.Thurctoru.wc ;irc iiiiahlc lo coi KMP's ruqucsl lo dclctc CoiHlition No.7 ol'Dccisioii ;iiid Oi-tlyrs tl.itftl .luly 7.I'J 11 I respectfully request that you take a "no action"stance until the above conditions and others set out by Kauai County Council,Land Use Commission and the Federal Government are met. Eileen Kechloian Kauai resident 12 Kristen Romuar-Cabico From: Sent: To: Subject: harmony Ross <harmonyross(a)|ive.com> Sunday,August 8,2021 2:09 PM Planning Department Re:the despicable plot to build those 282 Condos CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. (there is actually a pun in the subject line..ha!) To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 1 OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Plannmg Commission at 8:30 am, 8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culhirally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas mnnmg under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Corrunission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbmg,grading,the admmistration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.See also Land Use Commission requirements that have yet to be satisfied: https://luc.hawaii.gov/wp-content/uploads/2014/01/A76-418-OP-Response-to-Motion-4-4-14- FINAL.pdf https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418_Moana-Corporation DO 7-11- 1977.pdf 13 https://luc.hawaii.gov/wp-content/uploads/2014/()3/A76-4l8 Moana-Corporation _Bill-of- Particulars_5-16-1996.pdf The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see luiks that follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. Thank you for opposmg this plan,not only for tfie people you give your word and your honor to represent,but your children and their children and their children,on in to infmity!!! (Also,so you can sleep at night') Mahalo, Linda Kay Ross,808.631.6833 14 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: D.Encarnacion Slaughter <opihi54@yahoo.com> Sunday,August 8,2021 1:30 PM Planning Department Bridget Hammerquist Re:Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Coinmittee ofThe Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 This email constitutes a public comment on the Consolidation and planned Subdivision ofTMK (4)2-8- 014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County PIanning Commission at 8:30 am,8/10/2021. I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032,on the grounds that proper procedure and legal protocol have not been followed,endangering the cultural resources known to be present within project boundaries.Land Use Commission (LUC)conditions regarding cultural resources on this specific parcel were issued in 1976,and to date have not been carried through to completion.As you know, these conditions run with the land,and do not dissolve regardless of change of ownership.No changes should be allowed,including subdivisions of the parcel or earth-moving activities such as vegetation clearing, grubbing,grading,or excavations,until LUC conditions have been met.Specifically,among others Condition No.7 providing for the recordation,management,and protection of archaeological sites is incomplete. TMK (4)2-8-014:032 was surveyed for archaeological remains and other potential cultural resources in 1976.As that study is now over 45 years old,it is well out of date for statutory compliance purposes.Beyond the age of the study,the archaeological research done did not include standard procedures such as historical research and consultation with the Office of Hawaiian Affairs,despite the fact that TMK (4)2-8-014:032 is a recognized Hawaiian burial site with numerous traditional and culturally sensitive areas. The 1976 study ofTMK (4)2-8-014:032 did not record any of the numerous cultural sites observed during the archaeological survey.According to the EIS submitted by Moana Corporation in 1976,the survey "did not include the detailed recording of archaeological sites,their locations,or research into their origins and uses," noting that the survey found "a substantial number ofrelatively undisturbed archaeological sites within the southem and eastem portions of the project area."These sites,according to the EIS,represent the remains of"an extensive agricultural complex that at one time stretched from the present Koloa town to the coast," undoubtedly associated with the Koloa Field System.The Koloa Field System includes parallel and branching irrigation ditches and aqueducts,terraced lo'i,dryland fields,irrigated mound fields,and subdivision of lo'i and kula plots.Archaeological remains of the Koloa Field System must be documented and afforded protection prior to any changes being made regarding TMK (4)2-8-014:032. 15 Ka'aina S.Hull Diredor ofPlanning Jodi A.Higuchi-Sayegusa DepLity Oircctor ofPlanning COUNTY OF KAUA'l PLANNING DEPARTMENT SUPPLEMENT#1 TO SUBDIVISION REPORT RE: APPLICANT: Subdivision Application No.S-2021-5 Kukui'ula Development Company,LLC. III.EVALUATION (CONT1NUED) Modification of Requirement As represented,the Applicant is requesting deviations from requirements in the Kaua'i County Code,1987 (KCC)that would exempt roadway requirements specified by the Subdivision Ordinance as it relates to construction of curbs,gutters,and sidewalks along the roadway frontages,pursuant to Section 9-2.3(e),and to allow the use ofdrainage swales in lieu ofraised curbs and gutters on both sides ofthe proposed roadways. In considering the proposal,it should be noted that the primary access road serving the master planned community (Ala Kukui'ula)has been previously approved to deviate from the roadway standards typically found in the residential developments in this area.At the time (circa.2004),the roadway standards did not feature sidewalks for residential development except where the density allows for 10 or more units per acre.Since then,the roadway standards have been revised. [t is noted that the construction of curbs,gutters and sidewalks is a standard requirement for subdivisions within the Residential District where the density allows for four (4)or more units per acre (R-4),Resort District,as well as developments within the Commercial District.The requested deviation would allow the subdivider to continue the character ofthe interior roadways within the project area (refer to Applicant's correspondence dated August 04,2021).The Applicant's exhibit shows there is an existing sidewalk along the makai side ofAla Kukui'ula and the request to deviate from this standard would allow the Applicant to have a subdivision that would be similar to the completed residential subdivisions in this community.For those completed subdivisions,there are sidewalks on only one side ofthe roadway or for only a portion ofthe interior roadways. Subdivision Application No.S-2021-5 Supplement #l to Subdivision Report Kukui'ula Development Company,LLC. 08.10.2021 ^:.!.^.^. AU6 1 O 2021 The roadivays within this planned community are private and maintained by the developer.In the event the roadways are dedicated to the County,then the roadways should be retrofitted to comply with the present roadway standards. In evaluating the Applicant's request,no problems are foreseen in granting the Modification of Requirement to allow a deviation from the requirement to construct curbs,gutters and sidewalks along a roadway and to allow a drainage system featuring drainage swales in lieu of raised curbs and gutters based on the following reasons: a.The proposed roadways would be constructed similar to completed roadways within the planned community and be consistent with the infrastructure serving this area.Furthermore,the roadways within this development are not intended to function as part ofthe County's public street system for the Southshore area (Poipu/K.ukui'ula).Its primary design is to promote slower traffic speeds within the community and provide a more rural character; b.The Public Path and Trails Exhibit dated October 2020,and previous versions provided to the department by the Applicant,do not show this area as a part ofthe trail system within the planned community,which is required by Condition No.15 ofOrdinance No.PM-2004-370;and c.In the event the private roadways are dedicated to the County,the developer would be required to retrofit the roadway to comply with the present roadway standards. Based on the reasons noted above,the department supports the Applicant's deviation request and recommends its approval.However the Applicant should be made aware that in the event these private roadways are dedicated to the County,the developer (Kukui'ula) would be required to retrofit the roadways to comply with the present roadway standards that are administered by the County Department ofPublic Works,Engineering Division. A.Estes,Planner Subdivision Application No.S-2021-5 Supplement #I to Subdivision Report Kukui'ula Development Company,LL.C. 08 10.2021 rj SOUTII SIIOR1-:,KAUA'I '"t-.•:•••^t"'_'';;or ;-.,„;, PL.i.r'tNINGDEP;, 21 AUG-4 P1 :|9 August 4,2021 REC£iVtu Mr.Kenny Estes Counly ofKauai 4444 Rice Street Lihue,Hawaii 96756 Re:Subdivision ofLot 19 -Kukui'ula Parcel H S-2021-5 Kemiy — Please accept this letter as Kukui ula s formal request for a 'vvaiver'from portions of County Ordinance No.946 (commonly kiiown as the 'Complete Streets'ordinance) related to dual sidewalks and street curbs and gutter as follows: 1)We propose the use of County DPW approved drainage swales on both sides of the residential street in licu of raised curbs and gutters on both sides of the street. 2)We propose the installation ofno new sidewalks frontiiig the proposed residential lots ofthis subdivision for the following reasons: a.The residential stl'eet serves only 10 residential lots. b.Additional sidevvalks are umieccesaiy because there is aii alternative nearby (within 100')existing 'arterial'sidewalk (along Ala Kukui'ula) serving the proposed 10 residential lots c.Dual sidewalks would,in the applicant's opinion,be out of character vvitll the proposed conununity Ordinance No.946 allows for the above deviations.We therefore respectfully request that in tlie Subdivision Map Conditions ofApproval,these deviations be specifically addressed (and granted). Please let me faiow ifyou need anytliing else ! 2700 KE ALAULA STREET,SUITE B,KOLOA,Hl 96756 1.808742.6304 |v..KUKUIUI.A.COM Mahalo Lindsay Crawford Senior Project Manager Cc:Dave Hutchinson -KDCI-I Dennis Esaki -Esaki Surveying &Mappin; EXISTING SIDEWALK SUBDIVIS10N OF LOT 19 Kukuiulo Parcel H SubdivisionBgingaPortlonofR.P.6714. LC.Aw.77U-B,Ap.2 to M.Kekuotrto no M.K&kuonooa 1NTO LOTS 19-A THRU 19-H.INCLUSIVE 13-J,19-K,AND ROADWAY LOT ^9-L AND EASEMENT A-2 KBl.OA.KAUM,HAWAI'1 Tai Ucp Kty.(4)2.B-22:SS Kuliuruln E>«n)apnitnl Co.U.C OBli July 2.3011 Ka'aina S.Hull Dircclor ol'Planniny Jodi A.Higuchi Sayegusa Dcputy Dircctor ol [^Ianning I.SUMMARY Action Required by Planning Commission: Subdivision I'ermit No. Name of Applicant(s) COUNTYOFKAUA1! PLANNING DEPARTMENT SUBDIVISION REPORT Consideration ofSubdivision Application No.S-2021-7 that involves a two (2)lot consolidation and re-subdivision into t'our (4)lots. Application No.S-2021-7 YELLOW HALE.LLC. II.PROJECT INFORMAT10N Map Title Tax Map Key(s): Zoning: State Land Use District(s): Consolidation ofLot 88 ofLand Court Consolidation 164 and Lot B, Being Portion ol L.C.Aw.2668,Apana 1 and Resubdivision into Lots 1 through 4,Inclusive Ka Ua Noe O Koloa at Koloa,Kaua'i,Hawai'i. 2-8-014:032 Area:27.885 acres I^esidential (R-l 0)/Open (0) Llrban General Plan Designation: Resort AGENCY COMMENTS COK Public Works COK Water: D Other(s) 06.17.202 Pending D State DOT-Highways: StateHealth:06.15.202 DLNR-SHPD:Pending EX1STING ROAU RIGHT-OF-WAY(S) Road Name Kiahuna Plantation Drive Pa'u A Laka Street Existing Width 24 feet 24 feet Required Width 60 teet 60 feet Pavement YES a N0 D a D Reserve APPLICABLE FEES Environmental Impact Assessment (EIA) Park Dedication Appraisal Report Required $250.00 $300.00 N/A III.EVALUATION The proposed development involves a four (4)lot subdivision that establishes two (2)lots with County Residential District (R-10)zoning,one (1)remnant lot zoned County Open (0)District and one (1)roadway lot.The site is within the State Land Use Urban District and within the Kaua'i General Plan Resort District.The intent ofthe subdivision is to separate Kiahuna Plantation Drive from existing Lot 88 and Lot B.Il should be noted that the portion ofK.iahuna Plantation Drive that traverses through Lot 88 and Lot B is a constructed roadway and it currently provides access to the 73-Iot Wainani at Kiahuna Subdivision (SubdivisionNo.S-2004-48)that was approved by the Kaua i PIanning Commission on October 24,2006. In evaluating the proposed development,it is further noted that development ol'the subject property was previously reviewed through Project Development Use Pennit PDU-2006-25, Use Permit U-2006-26 and CIass IV Zoning Permit Z-IV-2006-27 that involves construction ofa 280-unit multi-family residential project.The subject permits were approved with conditions by the Kaua'i Planning Commission on August 22,2006.In C3 co H considering the subdivision,the Applieant would fae subject to the applicable requirements ofthe foregoing permits. IV.RECOMMENDATION TENATIVE APPROVAL FINAL APPROVAL lApproval D Denied D Approval D Denied Tentative Approval subject to all requirements as noted on the I'ollow pages: AII conditions have been complied with Ij^lw-^DAteDirectorofTlanning Uirector of Planning Date V.AGENCY REQUIREMENTS I.Requirements ot the Planning Department: a.An iipdated preliminary title report tbr each sxisting lot shall be subittitted to fhe PIanning Department tor review. b.All existing and proposed easements,ifany,shall be identilled in the deed descriptions ofthe affected lots,draft copies ofwhich shall be submitted to the 1'lanning Department for review and approval. e.Pursuant to Section 9-3.8(b)ofthe Subdivision Ordinance.Kaua'i County Code (1987),the Applicant shall submit to the Planning Departmentan electronic record (digitized format)ofthe final subdivision map(s)on disk for record keeping purposes prior to final subdivision approval. d.The street labeling for Pau A Laka Street needs to be amended to Pa'u A Laka Street. e.A Park Dedication Fee ofThree Hundred Dollars ($300.00)shall be paid to the County ot'K.aua'i. f.An Environmental Impact Assessment Fee ofTwo Hundred Fifty Dollars ($250.00) shall be paid to the County of'Kaua'i. g.The Subdivider shall comply with the requirements in Section 9-2.3fe)ol'the Kaua'i County Code (1987)relating to the provision of curbs,gutters and sidewalks along Roadway Lot 2.The extent ofimprovements shall be resolved with the Planning Department and Department ot'Public Works prior to final subdivision map approval. h.The improvements within Roadway Lot 2 shall be constructed to tlie Department of Public Works standards for a "Minor Street classification. i.Relative to Condition No.1 .j.,the Applicant shall prepare and obtain construction plan approvals for necessary road.water.drainage,electrical and telephone utilities and tacilities,and either construct the same or post a surety bond tor completion. j.Pursuant to Section 9-2.7(a)ofthe Subdivision Ordinance,all electrical services, street light wiring and other utility and communication services shall be installed underground within the proposed residential subdivision. aiPasse S-2021 -7;Subdivision Keport Ycllow liillc,IJ.C. 118.111.2(ci k.The subject property was previously reviewed through Project Development Use Permit PDU-2006-25,Use Permit U-2006-26 and Class IV Zoning Permit Z-IV- 2006-27 that involves construction ol a 280-unit multi-family residential project. Prior to tinal subdivision approval,the Applicant shall be subject to the applicable requirements ot the forgoing permits.More particularly,the Applicant shall comply with Condition 2.that reads as tollows: (a)The Applicant shall provide clearance from SHPD that data recovery is complete for any non-significant sites on the parcel prior to any grading or grubbing on the site. (b)Prior to building permit approval,the Applicant shall provide to the Planning Department evidence that the subject parcel is clear ofhabitats for the Kaua'i cave amphipod or cave spiders worthy ofpreservation. 2.Requirements ofthe Department of'Public Works (DOW): a.The subdivider shall comply with all requirements ofthe Department ot'Water,if any,prior to final subdivision approval. 3.Requirements ol the Department ofHealth (DOH): a.The property is located within the covered area for Po'ipii Water Reclamation Facility private sewer treatment plant.AII lots and structures within new subdivision must connect to private sewer for Po'ipu Water Reclamation Facility. b.The property may harbor rodents which will be dispersed to the surrounding areas when the site is cleared.In accordance with Chapter 11-26.entitled "Vector Control",Title 11,HAR,the applicant shall ascertain the presence or absence ofrodents on the property.Should the presence ofrodents be determined,the applicant shall eradicate the rodents prior to clearing the site. c.Noise will be generated during the construction and grading phase ofthe project.The applicable maximum permissible sound levels as stated in Title 11. Hawaii Administrative Rules (HAR),Chapter 11-46,"Community Noise Control",shall not be exceeded,unless a noise permit is obtained from the State Department of Health (DOH). d.Temporary fugitive dust emissions could be emitted when the project site is prepared for construction and when construction activities occur.In accordance with Title 11,HAR Chapter 11-60.1,entitled "Air Pollution Control",effective air pollution control measures shall be provided to prevent or minimize any fugitive dust emissions caused by construction work from affecting the surrounding areas.This includes the offsite roadways used to enter/exit the project.The control measures include but are not limited to the use ofwater wagons,sprinkler systems,dust fences,etc. e.The construction waste that will be generated by the project shall be disposed of' at a solid waste disposal facility that complies with the applicable provisions ot Title 11,HAR,Chapter 11-58.1,"Solid Waste Management Control",the open burning ot any ofthese wastes on or offsite is prohibited. 4.The Applicant is advised the should any archaeological or historical resources be discovered during ground disturbing/construction work,all work in the area ofthe archaeological/historical findings shall immediately cease and the applicant shall 3|Page S-2021-7;Subdivision Kcpon Ydluwllalc.I.I.C. O^;.]0.2021 contact the State Department ofLand and Natural Resources,Historic Preservation Division and the Planning Department to detennine mitigation measures. 5.The Applicant is advised that prior to and/or during construction and use additional conditions may be imposed by government agencies.Should this occur,the applicant shall resolve these conditions with the respective agency(ies). The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view ofthe forthcoming public hearing process scheduled for AUGUST 10,2021 whereby the entire record should be considered prior to decision-making. The entire record should include but not be limited to: a.Pending government agency comments; b.Testimony from the general public and interested others;and c.The Applicant's response to staffs report and recommendation as provided herein. B /.^Ei. .KEJ^NETH A.ESTES,PLANNER P age S-2021-7;Subdiv]sit>nl(eport Yullowllak,I.I.f. 08.10.2021 Ka'ainaS.Hull Diri-'ctor iil !llLinniny COUNTY OF KAUA'I PLANNING DEPARTMENT SUPPLEMENT#1 TO SUBDIVISION REPORT Jodi A.Higuchi-Sayegusa Deputy Director of l)lanniny RE:Subdivision Application No.S-2021-7 APPLICANT:Yellow Hale,LLC. ADDITIONAL FINDINGS Attached for the Planning Commission's reference is supplemental information as follows: Communication from members ofthe public and organizations •Communication from Elizabeth Okinaka received August 09,2021 . •Communication from Kayla Matsushima received August 09,2021. •Communication from Kaniela Matsushima received August 09,2021 •Communication from Starlynn Kaupu received August 09,2021 . •Communication from Ana Mo Des received August 09,2021. •Communication from Jo Amsterdam received August 09,2021. •Communication from Lucky Kanahele received August 09,2021 . •Communication from Judy Dalton received August 09,2021 . •Communication from Meredith Cross received August 09,2021 . •Communication from Dennis Mendonca received August 08,2021. •Communication from Eileen Kechloian received August 08,2021 . •Communication from Linda Kay Ross received August 08,2021. •Communication from Deirdre Encamacion received August 08,2021. •Communication from Karla Saperstein received August 08,2021. •Communication from Roslyn Cummings received August 08,2021 . •Communication from Sierra Club of Hawaii,Kauai Group received August 08,2021. •Communication from James Erwin Zike Jr.received August 07,2021. •Communication from Summer Holwegner received August 07,2021. •Communication from Lynette Kaopuiki received August 07,2021. •Communication from Travis Thomas Mokiao received August 07,202 1.^.\.c-^. AU6 1 O 2021, Communication t'rom Thomas Whitham received August 07,2021. Communication from Rebecca DeRoos received August 07,2021. Communication from Noelani Josselin received August 07,2021. Communication from Jan Makepa received August 06,2021. Communication from Roel Arteaga received August 06,2021. Communication from David Sutton received August 06,2021. Communication from Marcia McPhail received August 06,2021. Communication from Dan Freund received August 06,2021. Communication from Regina Gregory received August 06,2021. Communication from Cheryl Ann Farrell received August 06,2021. Communication from Ahupuaa Puna O Kauai received August 06,202 1. Communication from Heatherbell Fong received August 06,2021. Communication from AIyssa Alayvilla received August 06,2021. Communication from Lileigh Thomas received August 06,2021. Communication from Sarah Wise received August 06,2021. Communication from Drea Dooley received August 06,2021. Communication from Tyler Smith received August 06,2021. Communication from Malina Hoopii-Foley received August 06,2021. Communication from Anna Morales received August 06,2021. Communication trom Brittny (Kulanui Naliipoaimoku)Perez received August 06,2021. Communication from Joan Levy received August 06,2021. Communication from Jessica (jesskml551@gmail.com)received August 06,2021. Communication from Aryn Mamizuka received August 06,2021. Communication from Ariana May received August 06,2021. Communication from Mary G.Waldrop received August 06,2021. Communication from Sarah Kanu received August 06,2021. Communication from Renee Rosemark Harper received August 06,2021 . Communication from Araceli Marquez received August 06,2021. Communication from Eileen Roach received August 06,2021. Communication from Theresa and Marvin Condotta received August 06,202 1. Communication from Kassandra Silva received August 06,2021. Communication from Jordan Loudon received August 06,2021. Communication trom Natalia Wyrd received August 06,2021. Communication from Anne English received August 06,2021. Communication from Regina L.Floyd received August 05,2021. Communication from Steven Thomas received August 05,2021. Communication from John Tillman received August 05,2021. Communication from Viviana Ruiz-Moreno received August 05,2021. Communication from Monica Banuelos received August 05,2021. Supplement #1 to Subdivisioii Report Subdivision Application No.S-2021-7 ^ellow Hale,I.t.C, OS 10.2021 Page 2 Communication Communication Communication 2021. Communication Communication Communication Communication Communication Communication Communication Communication Communication Communication Communication Communication Communication from Flora W.received August 05,2021. from Claudia L.Hart received August 05,2021. trom snuffleupaguslikesspaghetti@gmail.com received August 05. from Betty Winholtz received August 05,2021. from Lasita Shalev received August 05,2021. from Mark Shaffer received August 05,2021. from Noelani Moku received August 05,2021. from Shannon Stone received August 05,2021. from Hannah Wemer received August 05,2021. from Dawn F.Kawahara received August 05,2021. from Steven Ramar received August 05,2021. from Sylvia Partridge received August 05,2021. from Joan McCauley received August 05,2021. from Mai-Britt Ohlsen received August 05,2021. from Elizabeth Okinaka received August 03,2021. from Alex Stoddards received August 03,2021. A-S^- leth A.Estes >taff Planner Siipplement ^1 to Subdivision Report SubdivisionApplicationNo.S-2021-7 Ydlow Hale,LLC. 08.10.2021 Page 3 To the Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item l-1c,Subdivision application:S-2021-7 Aloha, My name is Kaniela Matsushima and I'm vvriting in this testimony to you to OPPOSE any and all developments in Koloa/Po ipu.We can clearly see all the desecration that has been done on the south side ofKaua'i to Native Hawaiian Burials and sacred sites throughout Koloa and Po'ipii for decades.Even after being told there were burials in the area,they dug anyway.Then after desecrating them,they call it "inadvertent find".The definition ofinadvertent is to mark by or resulting from carelessness;negligent.From the construction ofthe Grand Hyatt Hotel years ago to the recent Koloa Landing Resort -these are prime examples ofthe public (including Native Hawaiians)bringing forward knowledge and testimony for known burials/cemeteries, heiau,and other sacred sites PRIOR to permits being approved.But the Kaua'i Planning Commission approved the projects anyway. Kukui'ula development has many ali'i (chief)buried in the area along with hundreds ofvillagers. One ali'i was found wrapped in kapa and placed in a wa a (canoe).Another ali'i burial in Kukui'ula is at risk ofhaving a sewage waste system dropped into her tomb.I'm frustrated and saddened that this development is still going on to this day. I STRONGLY OPPOSE any and all future development in the Koloa cave systems areas. I OPPOSE the proposed projects:Poipu Beach Estates,Royal Palms at Poipu,Pili Mai,Kiahuna Poipu GolfResort,and Wainani at Poipu.Kiahuna alone is planned to have 280 multi family homes.If this development gets built and is filled to capacity,this would add anywhere from 280-560 more cars to our two lane roads ivhich are already overwhelmed which traffic.This would also put an even greater strain on our fragile ecosystem and natural resources. We notified the Kaua'i Burial Council ofthe burials ofour ancestors in these areas as vvell as culturally significant sites,but they have then claimed there are no burials or sacred sites.There's also a major threat to our endangered native cave spider (Adelocosa Anops)and amphipod (Spelaeorchestia Koloana).The US Fish and Wildlife Service listed this area as a critical habitat"for them,yet last week there was a video ofsomeone spraying pesticide/poison all throughout the area,There is clear negligence and lack of enforcement to protect these significant sites.PIease do not add to the problems we are already trying to correct. It's time the County ofKaua'i,Kaua'i Planning Commission,Department ofLand and Natural Resources,and Kaua'i Burial Council actually listen to us when we say "no more construction in Koloa and Po'ipu,no more desecration to our ancestors,no more polluting and/or destroying our cave systems (which are the nostrils ofour island),and no more poisoning our endangered native species. AS A KANAKA 'OIWI,NATIVE HAWAIIAN,STEWARD OF THIS 'AINA,ISTRONGLY OPPOSE ANY AND ALL FURTtIER DEVELOPMENT IN THE AREA. Mahalo, 'T<^~<.^^^S^"S- Kaniela Matsushima Kristen Romuar-Cabico From: Sent: To: Subj'ect: Kayla Matsushima <elysse2009@hotmail.com> Monday,August 9,2021 9:11 AM Planning Department Testimony ForAgenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kaual.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I STRONGLY OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled t'or hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. This parcel,called TMK (4)2-8-014:032,is the homeofendangered species,notably the native blind cave spider.There is a reason they are aknown and protected species here.This spider is found nowhere else in the world and has great significance in the Hawaiian Culture.The Department of the Interior has clearly documented areas of this TMK as protected habitat for these endangered species.It also holds cutturally significant sites,historic practices,and is a known and recognized Native Hawaiian burial site. The US Fish and Wildlife Service has noted this parcel,called TMK (4)2-8-014:032,to contain 'Critical Habitat'for at least 2 Endangered species - the Endangered Kauai Cave WolfSpider (Ade[ocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana),They have noted this as the last remaining ecosystem on the planet.These creatures exist only in Koloa -within the lava tubes and the areas connected to the adjacent property (TMK (4)2-814:32)through underground ecosystems. Agenda Item I-1 c,Subdivision application:S-2021 -7 on the Planning Commission lists the proposed activity as the building of 280 condominiums. The creation of this project would be in direct conflict of the protection of the species I Eisted above as wel!as the cultural significance and Native Hawaiian Burials. The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22.No action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. It is forthese reasons that I STRONGLY OPPOSE any activity on this property including,but not limited to,drilling,grubbing,grading,the administration of pesticides or poisons,and any other activity that would lead to the decimation of this ecosystena and the listed Endangered Species. Mahalo, Kayla Matsushima 808-346-8311 To the Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 1 STRONGLY OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am, 8/10/2021. This parcel,called TMK (4)2-8-014:032,is the home ofendangered species,notably the native blind cave spider.There is a reason they are a known and protected species here.This spider is found nowhere else in the world and has great significance in the Hawaiian Culture.The Department ofthe Interior has clearly documented areas ofthis TMK as protected habitat for these endangered species.It also holds culturally significant sites,historic practices,and is a known and recognized Native Hawaiian burial site. The US Fish and Wildlife Service has noted this parcel,called TMK (4)2-8-014:032,to contain 'Critical Habitat'for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops) and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).They have noted this as the last remaining ecosystem on the planet.These creatures exist only in Koloa -within the lava tubes and the areas connected to the adjacent property (TMK (4)2-814:32)through underground ecosystems. Agenda Item l-1c,Subdivision application:S-2021-7 on the Planning Commission lists the proposed activity as the building of 280 condominiums.The creation ofthis project would be in direct conflict of the protection ofthe species I listed above as well as the cultural significance and Native Hawaiian Burials. The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22.No action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. It is for these reasons that I STRONGLY OPPOSE any activity on this property including,but not limited to,drilling,grubbing,grading,the administration ofpesticides or poisons,and any other activity that would lead to the decimation ofthis ecosystem and the listed Endangered Species. Mahalo, Kayla Matsushima 808-346-8311 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Jo Amsterdann <joamsterdam@hotmail.com> Monday,August9,2021 11:16 AM Planning Department Gary Hooser AGENDAITEMS-2021-7 CAUTION:This emall originated from outside the County of Kauai.Do not click links or open attachments even Jf the sender is known to you unless It is something you were expecting. Aloha Planning Department, 1 oppose the consolidation and planned Subdivision ofTMK (4)2-8-014:032.This area is home to the cave spider which is in danger of becoming extinct.There are many culturally significant places with in this area including heiau and many Iwi Kupuna.We don't need more expensive homes for people who don't live here yet.A conflict of interest also seems to be a part of this whole plan.5 million to the county as a "gift"?Listed as Critical Habitat for other than humans...let's not put human in there. Thank you for your consideration.Let's be Pono together.sincerely Jo Amsterdam. Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Elizabeth Okinaka <elizabeth.eolakakouhawaii@gmail.com> Monday,August 9,2021 1:02 PM Planning Department Alan.S.Downer@hawaii.gov;Bill DeCosta;Felicia Cowden;Kmarkell@oha.org; Susan.A.Lebo@hawaii.gov;Tinger,John;aaron_nadig@fws.gov,· david.buckley@hawaii.gov;kipukai.kualii@gmail.com;Mason Chock Oppose Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Please accept the following comment submitted on behalf of E Ola Kakou Hawaii,a 501(c)(3)Non profit committed to the preservation and ensuring access to historical,cultural sites and burials. We file this comment in strong opposition to take any action by the County pertaining to TMK 2-8- 014:032 and TMK 2-8-014:041. These undeveloped parcelsthatserve as a natural drainage basin forthe Kiahuna GolfVillage,are home to the endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).Portions of these parcels are designated habitat for several endangered species and include Hawaiian burials sites and caverns and other culturally significant archeological features.There are 3 Burials Mounds in total on this property.They are accessed by the cave entrances directly surrounding the property. 1 spoke to Missy Kamai of Cultural Surveys Hawaii on site.She explained that the lot needed to be cleared by hand,then a full team would conduct a survey.This never happened,the county has failed to follow proper protocol.There are pending complaints filed with SHPD,DLNR and COK for this property.Burial Registry and Lineal Descent forms have been filed with SHPD since Feb 2021. This property has been illegally bulldozer,grated,drilled and poison sprayed heavily since Dec 2020. All of these in direct Violations of the Endangered Species Act &Related Project conditions The Koloa Cave Ecosystem is considered to be one of the 10 most critically endangered cave ecosystems in the world.It is also part of the Historic koloa field sytstem,and only feet away from Historic Hapa trail. The drilling that occurred in April also another direct violation,no Cultural Monitors were present,nor any Geo Fencing or protections cultural sensitive areas. There are multiple lineal descendants coming forward with knowledge of burials in this land! httos://dlnr.hawaii.eov/WD-content/UDloads/2016/12/D-22.pdf 1 In 2016 the county agreed: "County shall,in the future,consider the Koloa Field System to be a significant historic property, which consisted of a set of interrelated features hannoniously interacting to form a unified whole" "The County admits that when it granted subdivision for the EAK Trust's VAP Subdivision it failed to:(a)adequately protect significant historic properties on.the EAK Trust Lots;(b)comply with the historic preservation review process;and (c)adequately protect traditional and customary practices" In Docket A76-418 Moana Corporation LUC states that:tmk (4)2-8-1-4:32"must comply with the same conditions per the Eric A Knudsen Trust" In the following links,you will find ample authority and mandates for the fact that no development can occur absent total compliance with conditions and findings set forth in the Uecision dnd Order of the State Land Use Comini^siuii,a pertinent portion of which states, "The presence ofextensive archeological remains on and in the area ofthe subject property is generally known.Petitioner,therefore,commissioned the Bernice P.Bishop Museum to conduct an archeological survey ofthe area which was filed in the proceeding as a Petitioner's Exhibit "X"and is entitled Archeological Reconnaissance Survey of Knudsen Trust Land At Koloa,Poipu,Kauai.That survey reveals and the Commission therefore finds as follows: (a)A substantial number of archeological sites exist on approximately 200 acres within the southern and eastern portions ofthe subject property; (b)These sites fall within the categories of platforms or varied forms,enclosures,modified actual features such as outcrops and sinkholes;large wall-structures;agricultural complexes with varied mounds,terraces and plots;lava tubes;simple stone structures with no definite functions; irrigated pondfields (lo i)and irrigation ditches (auwai);foot trails and historic sites such as houses, tombs and ovens; (c)"These sites appear to be the remains ofextensive agricultural complex that at one time stretched from Koloa Town to the Coast." Page 18-19 Moana-CorDoration Decision and Orderd The following questions,comments,and concerns are listed below,organized by violation of law and/or condition. I.Violations of the Endangered Soecies Act &Related Proiect Conditions •Why was the USFWS not contacted about the subdivision approval,which will impact the federally protected,endangered Kauai cave amphipod and spiders that have been found on the parcel? •This subdivision application references construction of streets,underground utilities, curbs,gutters,and sidewalks upon approval by the Planning Commission. In 1977,the LUC imposed a variety of conditions,including condition #7,requiring comprehensive archeological and biological study and preservation of archeological sites and habitats of the Kauai cave spiders and sandhoppers.l KMP has repeatedly attempted to assert no presence of the cave spiders and amphipods.In 2014,KMP petitioned for the deletion of multiple conditions,including Condition 7,asserting that its prior surveys fulfilled the condition.2 The USFWS recommended denial of the petition,stating there were endangered Kauai cave spiders and amphipods found on the parcel.3 USFWS noted there are likely spiders on other portions of the property not found in certain surveys because they live in underground portions not reachable by surveys. •The USFWS "recommended that KMP applies for an incidental take permit"and develop a habitat conservation plan.KMP failed to do. Immediately after opposition from USFWS (and from OP about insufficient traffic impact),KMP filed to withdraw its petition,which the LUC granted.4 Condition 7 still governs any development on the property,including anything authorized by a subdivision approval (such as construction of roads,utilities,sewers.).KMP cannot skirt their obligations to follow federal and state laws through a subdivision approval and piecemealing of their project environmental review. In KMP's recent 2018-2019 annual report,filed to the LUC in February 2020,KMP again asserted that condition 7 had been fulfilled.Yet in this assertion,KMP failed to point to any surveys conducted since the 2014 USFWS letter.5 KMP has already violated ESA and condition #7 via: •Unauthorized drilling in April and May 2021. •Placement of open rat poison around the property that could seep into the ground in JulyandAugust2021. •The USFWS 2014 letter noted the threat of pesticide use to these species. •Further,this specific project's 2006 Zoning Approval required that "prior to building permit approval,"the project must provide to the Planning Department evidence that the area is clear of habitats for the Kauai cave amphipod or spiders.6 •Any permits issued before the subsequent USFWS 2014 letter,confirming the presence of cave spiders after KMP's prior representations about the presence of cave spiders, arevoid. Violations of the Clean Water Act •Has the County assured there will not be any impacts from construction and the project on nearby waters and coastal resources,including Koloa Landing and Waikoma Stream,that necessitate a NPDES permit? •There are serious concerns of CWA violations from the placement of open-facing pest poison on the property,which could drain into nearby coastal resources via runoff. •Will the County need to ensure/modify a NPDES permit for the project's additional discharge that will be added to and treated by the Poipu Water Reclamation Facility? •Have subsequent studies been done since the 2006 zoning approval to ensure that this project can be serviced in light of since-approved development and population increase, as well as other planned projects in the near future? Archaeological Resources •This Subdivision approval itself requires all work to "immediately cease"upon discovery of archeological or historical resources,and the applicant must contact the State Department of Land and Natural Resources,Historical Preservation Division,and Planning Departmentto determine mitigation measures. •Yet the developer conducted drilling in April and May 2021 without any supervision or the required permits. •In its illegal drilling,the developer has violated the LUC conditions and Hawaiian law.Actual surveysare needed. [1]httos://luc.hawaii.gov/WD-content/uDloads/2014/03/A76-418 Moana-CorDoration DO 7-11- 1977.0df [2]https://luc.hawaii.gov/WD-content/UDloads/2014/01/A76-418-Motion-to-Delete-Conditions-5-7- 12.pdf [3]httDS://luc.hawaii.gov/WD-content/uploads/2014/01/A76-418-OP-Exhibit-C-D-E.pdf [4]https://luc.hawaii.KOV/WD-content/uoloads/2014/03/A76-418-ORDER-GRANTING-RQST-TO- WITHDRAW-MOTION.pdf [5]httDS://luc.hawaii.gov/wD-content/uploads/2020/02/A76-418 Kiahuna-Mauka-Partners- LL^Annual-ReporL2018-2019 2.26.2020.pdf [6]https://www.droDbox.com/sh/i23nrRb01wval7h/AAD8rvSmZvHaU3ULT128Vllba/Z-IV-2006- 27%20Kiahuna%20PoiDu%20Golf%20Resort%20LLC%20(4)2-8-014-32?dl=0&preview=Z-IV-2006- 27 Kiahuna Poipu Golf Resort KMP-4.pdf&subfolder nav trackine=l Formore information: httDS://luc.hawaii.eov/WD-content/uDloads/2014/03/A76-418 Moana-CorDoration DO 7-11- 1977.0df htto://oeac2.doh.hawaii.eov/EA EIS Archive/1976-05-DD-KA-FEIS-Kiahuna-Golf-Vi|!age.@df httDS://luc.hawaii.gov/wD-content/UDloads/2014/01/A76-418-OP-Exhibit-C-D-E.Ddf https://www.govinfo.gov/content/Dkg/FR-2003-04-09/Ddf/03-8180.pdf httos://luc.hawaii.gov/WD-content/uoloads/2014/01/A76-418-OP-ResDonse-to-Motipn-4-4-14- FINAL.pdf httDS://luc.hawaii.Bov/WD-content/uDloads/2014/03/A76-418 Moana-Corporation Bill-of- Particulars 5-16-1996.Ddf Mahalo for accepting our comment in strong opposition to Agenda Item l-1c,Subdivision application: S-2021-7 Yellow Hale LLC E Ola Kakou Hawaii 501(c)(3) Kristen Romuar-Cabico From: Sent: To: Subject: Starlynn Kaupu <kstarlynn@gmail.com> Monday,August 9,2021 11:59 AM Planning Department 1 oppose the subdivision ofTMK (4)2-8-014:032 CAUTION:This email originated from outside the CountyofKauai.Do not click links oropen attachments even ifthe sender is known to you unless it is something you were expecting. To the Kauai Planning Commission Re:Subdivsion application:S-2021-7 1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32) The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of condos or development of this important property. This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse actually or in terms of perception than for the County to approve any motions that would allow for an area designated by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos. This doesn't begin to cover the cultural issues related to Iwi Kupuna and burials,of which there are many relating to the propierty. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species Sent from my iPhone Aloha members of the Planning Commission, It is now evident that there is obvious corruption existing within the county level with the acceptance of the 5 million dollar payout or bribe by the housing department resulting in a letter of support on behalf of the developer to approve this subdivision request.This is undeveloped,untouched land.There is protocol that has not been met by the developer (Gary Pinkston/Yellow Hale)and worse than that the developer has lied to the community about the survey being completed and on record to the KPD.There are evident steps to take when dealing with undeveloped land where a cultural survey has been requested.The first step is an inventory survey where someone goes in and takes note of any potentially significant areas,the next step is a data recovery survey where a team goes in and investigates with detail and precision each area so that the third step may be accomplished which is identifying any and every culturally significant area to be protected and maintained in perpetuity.Steps two and three were never accomplished due to what we can now only assume to be threats or bribery. This area has been monitored and actions have been documented.The developer brought in heavy destructive machinery (without monitors present)and then bulldozed the pathway during off hours and now maintains the path by spraying poison continuously,have you all read testimony discussing the environmental damage for federally protected species only existing in this place [Koloa]out of any other place in the world?This is an explicit breach of protocol and this developer should not receive any allowances as he has proved to the community to be extremely shady in his operations when it comes to following the law and proper protocol stated to ensure that what is truly valuable remain in existence.We need a true,authentic, current and complete cultural survey with a teams data recovery process so we even know the level that we are dealing with.The community wouldn't be so adamant about this if we didn't see with our own eyes the significance of this place.If the subdivision gets approved the EIS demands change and the planning department will be added to the lawsuit.If the developer wasn't trying to hide something he wouldn't be going down this path.We'll sue the county for negligence regarding protocol to ensure cultural and environmental protection and consider the five million dollars received by the housing department as a bribe to avoid proper evaluation. The entire community opposes this development and anyone coming forward in support is on the developers payroll.Please do what is right on behalf of the community and do not approve this subdivision,strongly oppose subdivision permit N0.S-2021-7,TMK:(4)2-8-014:032. 1 appreciate the ability to submit testimony on this extremely important decision you have to make and for all of your time spent reading testimony on this issue. MaHaLo, Ana Mo Des Kalaheo/Koloa Kristen Romuar-Cabico From: Sent: To: Subject: Lucky Kanahele <247pono@gnnail.com> Monday,August 9,2021 8:46 AM Planning Department Kauanoe O Koloa Kiahuna Project. CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Kauai Planning Commission Re:Subdivsion application:S-2021-7 1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32) The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of condos ordevelopment ofthis important property. This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse actuallyor in terms of perception than forthe Countyto approve anymotionsthatwould allowforan area designated by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos. This doesn t begin to coverthe cultural issues related to Iwi Kupuna and burials,ofwhich there are many relating to the property. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species Sent from my iPhone Kristen Romuar-Cabico From: Sent: To: Subject: Meredith Cross <malibumer.nunn@gmail.com> Monday,August 9,2021 2:55 PM Planning Department 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Plannmg Commission at 8:30 am, 8/10/2021. TMK (4)2-8-014:032 is home to endangered species,mcluding the blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbmg,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.See also Land Use Commission requirements that have yet to be satisfied: https://luc.hawaii.Kt)V/wp-conlent/uploads/2()14/()l/A76-418-OP-Response-to-Motiun-4-4-14- FDsfALjxif https://luc.hawaii.gov/wp-c()ntent/uploads/2()14/03/A76-418 Moana-Corporation_DO 7-11- 1977.pdf https://luc.hawaii.gov/wp-content/uploads/2()14/()3/A76-418 Moana-Corporation Bill-of- Pcirticulars ,5 -16-1996.pdf The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see Imks that 1 follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. Mahalo, Meredith Cross Kapaa Kristen Romuar-Cabico From: Sent: To: Subject: Dennis Mendonca <dennism08@gmail.com> Sunday,August 8,2021 7:44 PM Planning Department Subdivision Application S02021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Plarming Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am, 8/10/2021. There are a lot of reasons to oppose this deal in its current form.What most speaks to me is the waiving of the 20%of workforce housingfora mere 5 million dollars.The developerwill likelygrosswell over 141 million dollars.Halfofthat income would be 71 million.20%of tht would be 14 million dollars.1 know these are very rough figures but it doesn't take rocket science to see that 5 million is grossly inadequate. This deal makes no sense for the county as whole.It ignores the dire circumstances of affordable housing on Kauai. Kauai is becoming a place where only the rich can live and this deal will further perpetuate that injustice.Please reject this deal in its current form. Thank You for listening to my concerns. Dennis Mendonca 808-652-2505 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Eileen Kechloian <backonisland@gmail.com> Sunday,August 8,2021 7:39 PM Planning Department Alexis.M.caramonte@hawaii.gov;David.Buckley@hawaii.gov,·Pifwoadmin@fws.gov; She!eigh.Solis@hawaii,gov;alan.s.Downer@hawaii.gov,·cab@doh.hawaii; dlnr.cwrm@hawaii.gov;hdoa.pested@hawaii.gov;hhammatt@culturalsun/eys.com; naPuamakanihcp@fws.gov Agenda Item l-1c,Subdivision application :S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Re:Agenda Item I-lc,Subdivision application:S-2021-7 Aloha Subdivision Committee and Members of the Kauai County Plannin| Commission, I write in opposition to any action by the County pertaining to TMK 2-8-014:032 and TMK 2-8-014:041,undeveloped parcels."No Action"should be taken. The applicant is in violation ofyour own (Kaua'i County)zoning conditions set out by the Kauai County Council and Mayor.This is reason enough to take "no action" on this significant step in the development of these properties.The applicant i.s also,in violation of State of Hawaii Land Use Commission zoning conditions.The applicant has proceeded with work without proper permits in violation of County, State and Federal laws (applicant does not have Federal Take permit). Violations of Kaua'i County Council conditions: Comment based on exhibit E entitled Ordinance number PM-31-79.Bill No.585.An ordinance amendin; ordinance No.164 comprehensive zoning ordinance of the county of Kauai (Moana Corporation)htto://luc.hawaii.Bov/WD-content/uploads/2014/01/A76-418-OP-Exhibit-C-D-E.pdf Applicant violated the above named Ordinance set out by Kauai County Council as follows: "5.)The applicant shall preserve: a.)five archaeological sites identified in the archaeological and biological report and cause no construction or alteration or other land disturbances on said sites except for preservation and restoration of the sites. b.)the two lava tube's containing the habitat of the islands big eyed hunting spider and protect these from man-made encroachments.Permission to re-survey three other caves that are potential habitats,shall be granted for scientific purposes,before these caves are destroyed. 6.)No site identified in the report,"Archaeological and Biological surveyofthe proposed Kiahuna GolfCourse Village Area,Koloa,Kona,Kauai Island,Hawaii"shall be graded,grubbed,bulldozed,or in any way destroyed unless in accordance with a plan,mutually agreed-upon by the applicant and the Archeologist that has been prepared where by the archaeological salvage will be accomplished by a means of coordinating any grading,grubbing or similar work by the applicant with the archaeological salvage." The Applicant is a bad actor as shown in this photo of a rock crusher being used on their culturally sensitive site.A rock crusher requires a permit from The State of Hawaii Dept of Health Clean Air branch.The applicant is required to send in a report every time the rock crusher is moved and a record of BTU's used is required.The second white object in the picture is a navigation buoy that is repurposed to hold between 300 and 500 gallons of fuel.This requires what is known as "purple fuel"as dirty fuel is not permitted.As is evident in this photo that is taken from Kaua'i County TMK records from 10/25/2020,less than a year ago,the rock crusher is hidden from site by tall bushes.Bad actors hide activities that they do not have permits to do.Here the applicant has violated the Kauai County Council's condition for the zoning change,violated the State of Hawaii Clean Air permitting and the Federal clean Air Act. 4:46 PM SatAug7 B qpublic.schneidercorp.com SLayers Map Search Results R.epori:Sates Search SatesList Sales Rcs.ults Home More (3 iSi ft>Z<4"-^ Pictometry httos://aoublic.schneidercorD.com/ADolication.aspx?ApolD=986&LaverlD=20101&PaeeTvDelD=4&PagelD=10365&K evValue=280140320000 Link to photo online. Further prior to your approval the following conditions must be met from the same Zoning Ordinance Amendment: 4.That the applicant dedicate to the county of Kauai approximately 20 acres of land makai of Poipu Beach road and abutting Poipu beach park for expansion of the park.With respect to this condition,the dedication shall occur as soon as the applicant may reasonably obtain a subdivision of said property but shall not be required to make the dedication in 4 less than two years from the date of zoning approval but not more than five years from the date here of.The applicant shall further sign an agreement with the county of Kauai to this effect;such agreement shall give the county the right to occupy and improve the property if necessary. 8.The applicant shall provide a minimum 6 feet wide public pedestrian access from the commercial area to the beach site.Public restrooms and showers shall also be provided and maintained by the applicant in the vicinity of the existing beach right away.The applicant shall further provide alternative parking plans for additional parking stalls for beach goers in the vicinity of the Hoone street cul-de-sac. 11.The drainage diversion channels shall be reviewed and approved by the public works department,and settling basins shall be provided if required. 12.The grading ofthe subject development shall comply with grading ordinance No.262.The maximum area of land that may be open for grading or grubbing is 20 acres.Additional area shall not be open for grading or grubbing until measures to prevent dust or erosion problems in the area already graded and grub have been satisfactorily complete. 13.The applicant shall be required to tie in its efforts in providing sewage facilities for the project with the county planning for sewage facilities,and Shall work with the department of health and department of public works towards the development of regional sewage treatment plant. 14.If applicant is to use water provided by the department of water applicant shall be required to contribute to the department of water it's pro rata share of the cost to provide domestic water to the subject parcel. 17.A landscape buffer zone shall be provided along Poipu Road.Open vistas from Poipu Road to the golf courses shall be,however,provided to create a feeling of openness along Poipu Road. 18.The applicant shall meet with the planning department and public works department relative to the future improvements to Hapa Road,and its relationship to the traffic circulation. 19.Prior to the approval of any subdivision or zoning permit,the applicant shall provide the following: a.)qualifying criteria for employee housing and preferential rates or purchase prices for employees; b.)Alternative plans for additional parking areas for beach goers located in the vicinity of Hoonani Road cul-de-sac; c.)Amphitheater design criteria,use restrictions in alternative site if relocation is necessary. 21.Prior to and during any development or construction all applicable state and county laws,codes,ordinances,rules and regulations be complied with." Before the Planning Commission,Subdivision Committee takes any actions the Applicant must provide you with proof of compliance and or completion of these conditions and others required by the Kaua'i County Council. This Applicant is a bad actor and should be treated as such.Here are other examples ofthe applicant's blatant disregard for you,the State of Hawaii and the Federal Government.In a promotional video on their website it shows heavy 5 equipment (trackhoe)on their parcels.The Applicant has left a perimeter oftrees and brush so as to hide the use ofthe trackhoe from outside the property borders.The applicant does not have a grubbing and grading permit.This is a link to their Facebook page that shows the trackhoe working on the parcels the applicant has requested your assistance in their next significant step towards development.The trackhoe is seen at 10 seconds through 14 seconds into the 45 second video.This video also shows a road put in with a heavy equipment.The road shows it has been freshly put in as there is limited to no vegetation on it nor any erosion control precautions taken to prevent runoff or soil movement into the endangered blind spider habitat.httDS://www.facebook.com/KauanoeKauai/videos/114889483894786/?hc ref=ARRPKFYHLNOnkz3uwBDWpcJ oZGVSfEixGC3L-MkuoQOJmAaZvAQRVsa511GOw3bDhQY&tn =kC-R 3:06 PM SunAugS IsUnltySoft'0SiteMap|Kai X 0 Facebook X @ h<tps://luc.ha X @ luc.hawaii.go X ^->e a facebook.com Up Next feftmSS^ Kauanoe o Koloa 1 Comment 1 Share T!9 Views -about 6 months ago •Poipy •0 Located in beautiful Po'ipu on Kauai's highly desirable south shore,you'll find this brand-nsw condominium home opportunity at Kauanoe o Koloa.Adjacent to the restaurants,and resorts,Kauanoe o Koloa and 4 bedroom condominiums from $795, For details,visit www.KauanoeKauai.com c (808)688-5882 today. "*""<»•* •-<*,; •K^"ISiBi^-,... »!,'« i% -"•(D,UB|l|t(i -i •"IIW I.Wss^-'' 'w •K There is also evidence ofground disturbance,heavy equipment,grubbing and grading on the video from the applicant's website. https://www.kauanoekauai.com/PaBe/Gallerv-AerialView This bad actor (applicant)is also setting out poison at night at various locations on the site.This activity puts the endangered Pueo owl at risk of death as well as the endangered Nene,Koloa Duck and Blind Cave Spider that are all reported to be on these parcels and adjacent parcels by the Bishop Museum report for the Kiahuna Golf Village Area in Koloa.This also puts at risk the community's of Wainani,Pili Mai and Poipu Golf Village dogs and cats.The applicant is required to have a permit from the Department of Agriculture to open broadcast poison.This permit requires special training. £ Poison set in multiple sites. As a government agency,the Planning Department is required by the State of Hawaii law to request from any and all agencies that may be affected by their decision,information as to whether or not your approval will have negative consequences on their agency's ability to perform their function.If such requests are not made then your agency shall bear the full weight of said ramifications.From which agencies have you requested feedback?State Historic Preservation Division ?USFWS? In a letter dated March 24,2014 USFWS speaks out on protection of endangered species on this property and adjacent properties.Here is the link to the full letter and other exhibits. http://luc.hawaii.eov/WD-content/UDloads/2014/01/A76-418-OP-Exhibit-C-D-E.pdf 9 Unitecl States Deparlment ofthe Interioi FISH ANI)VVIIJ)!.!!'-!';SliKVlCE Kaciric l.sliinds Fish ;inci VVildtite OtTicc 300 AI;i MO.KUI Biiulcvard.Rwim 3-122 llonoltltu.1-lawai'i t)()S50 lll Ruply Ret'er 'l'o: 2014-TA-0142 Mr.Jcssu K.Soiiki Oft'ice ut'Plannin.u Slalc ul'IIiiwai'i 235 Souih Beretania Street Honoliilu.Hawai'i 96786 10 w Subjeci:Tcchnical Assistancc I'tir Mulion tt>Aiiicncl Conilitioiis Nos.5 ;inc Dccision and Orctcr.TMK 2-8-12:05.07.()<S.I'OR.19,20.21.2C 2-8-29:l-y4,Poipu,K;>u;i'i Dear Mr.Souki: Thc U.S.Fish and Wildlifc Scrvicc (Scrvicu)rccuived yoiir lettcr datucl Jnnuary ^ regarding ihc etTccts ot'a Motion to Amciid hy Mo.in.'i Coiporaiioii (Ki;il)iiii<i Mu LLC (KMP))wtiich propusus to dclclc contlilions nuniburs 5 ;iiid 7 lliroiitili 22 ol Orders dated July 7,1977 .ind Aiigust 5.1997.Tlic dclction.s iirc |iropo.scd by KI of tidministralivu dliciuiicy lli.il llic s;ii(.l conclilion.s havc been met t'lilly or sub.sl; are no longcr applicable,or can and will bc cnlbrcud by tliu Coiinty ol'K;ui;i'i ;IIK ruqiiircd to bu enl'orecd by (IK'Land Usc Cuniniission. Wc reviewed the Molion to Aiiiciid piirsiiaiil to ilic EiHl;ingcrcti Spccics Act ol'I1 iimuntlud (16 U.S.C.1531 c/.vn/.).Thc int'ormaiion yoii provided niid pcrtineni i oiir t'ilcs.iiidiciitc thc ciuliingurcil Kiiiia'i c;ivu wulf'spider (Adrtocosa ciiiop.'i),inc Kaua'i cave amphipod {SiH'lcu'orrlH'.'itui knfiiaiia)aru in tlie vicinily ot'TMK 2-S- I'OR.19.20.21.26-36;2-8-15:77:2-8-29:1-94.Crilical liabit.it hiis been leder, t'ur tliesc species 011 appfuxiiiiatcly d-aercs ot"l;)i)cl surruiiiK.lii)!.:;iiid incliidinL;tliu C;ivc on April 9.2003 (68 FK I7430-1 7470).Atljuccnt propci-lius h;ivu ;ils<i hcn critical li;ibit;it for tliese cave specius.Fur thu conscrvalioii ;IIK||->i(ituclit)ii ol tlic Kaua'i cavc vvollsi)i(ler iind l<au;i'i c;ivc ;iiiipliipud wc ;irc provitliiiu tlic l't>lli)wii recoinmcndations to assist you in ihe preparation ol'the State's response (u tlie L; Commi.ssion's licnring on thc Molion.Thc Servicu's posilioi)lias nt)l t.'hangutl In corrcspondence with KMP 011 Ot.-ldhur 26.200fi,reitcruiin^lliiit Itiy ;ihsei)cc ol'th amphipods fron'i llic accessiblu Ki;ilu]ii;i Miikni Cavc ddcs iiol intlic.ilc llinl ll'iey t witliiti tlic incsociivunis ol ihe siiri otindiii.si arc;is.Thurctoru.wc ;irc iiiiahlc lo coi KMP's ruqucsl lo dclctc CoiHlition No.7 ol'Dccisioii ;iiid Oi-tlyrs tl.itftl .luly 7.I'J 11 I respectfully request that you take a "no action"stance until the above conditions and others set out by Kauai County Council,Land Use Commission and the Federal Government are met. Eileen Kechloian Kauai resident 12 Kristen Romuar-Cabico From: Sent: To: Subject: harmony Ross <harmonyross(a)|ive.com> Sunday,August 8,2021 2:09 PM Planning Department Re:the despicable plot to build those 282 Condos CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. (there is actually a pun in the subject line..ha!) To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 1 OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Plannmg Commission at 8:30 am, 8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culhirally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas mnnmg under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Corrunission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbmg,grading,the admmistration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.See also Land Use Commission requirements that have yet to be satisfied: https://luc.hawaii.gov/wp-content/uploads/2014/01/A76-418-OP-Response-to-Motion-4-4-14- FINAL.pdf https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418_Moana-Corporation DO 7-11- 1977.pdf 13 https://luc.hawaii.gov/wp-content/uploads/2014/()3/A76-4l8 Moana-Corporation _Bill-of- Particulars_5-16-1996.pdf The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see luiks that follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. Thank you for opposmg this plan,not only for tfie people you give your word and your honor to represent,but your children and their children and their children,on in to infmity!!! (Also,so you can sleep at night') Mahalo, Linda Kay Ross,808.631.6833 14 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: D.Encarnacion Slaughter <opihi54@yahoo.com> Sunday,August 8,2021 1:30 PM Planning Department Bridget Hammerquist Re:Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Coinmittee ofThe Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 This email constitutes a public comment on the Consolidation and planned Subdivision ofTMK (4)2-8- 014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County PIanning Commission at 8:30 am,8/10/2021. I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032,on the grounds that proper procedure and legal protocol have not been followed,endangering the cultural resources known to be present within project boundaries.Land Use Commission (LUC)conditions regarding cultural resources on this specific parcel were issued in 1976,and to date have not been carried through to completion.As you know, these conditions run with the land,and do not dissolve regardless of change of ownership.No changes should be allowed,including subdivisions of the parcel or earth-moving activities such as vegetation clearing, grubbing,grading,or excavations,until LUC conditions have been met.Specifically,among others Condition No.7 providing for the recordation,management,and protection of archaeological sites is incomplete. TMK (4)2-8-014:032 was surveyed for archaeological remains and other potential cultural resources in 1976.As that study is now over 45 years old,it is well out of date for statutory compliance purposes.Beyond the age of the study,the archaeological research done did not include standard procedures such as historical research and consultation with the Office of Hawaiian Affairs,despite the fact that TMK (4)2-8-014:032 is a recognized Hawaiian burial site with numerous traditional and culturally sensitive areas. The 1976 study ofTMK (4)2-8-014:032 did not record any of the numerous cultural sites observed during the archaeological survey.According to the EIS submitted by Moana Corporation in 1976,the survey "did not include the detailed recording of archaeological sites,their locations,or research into their origins and uses," noting that the survey found "a substantial number ofrelatively undisturbed archaeological sites within the southem and eastem portions of the project area."These sites,according to the EIS,represent the remains of"an extensive agricultural complex that at one time stretched from the present Koloa town to the coast," undoubtedly associated with the Koloa Field System.The Koloa Field System includes parallel and branching irrigation ditches and aqueducts,terraced lo'i,dryland fields,irrigated mound fields,and subdivision of lo'i and kula plots.Archaeological remains of the Koloa Field System must be documented and afforded protection prior to any changes being made regarding TMK (4)2-8-014:032. 15 The scope of a complete and updated Archaeological Inventory Survey report should include at a minimum a complete ground survey of the entire project area for the purpose of site inventory,as well as research on historic and archaeological background,including search ofhistoric maps,written records,and Land Commission Award documents.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices. Mahalo, -Deirdre Encamacion,M.A. (619)892-5265 16 Kristen Romuar-Cabico From: Sent: To: Subject: Karla Saperstein <teacherpet9@gmail.com> Sunday,August 8,2021 1 2:00 PM Planning Department Kiahuna Plantation Drive:Pinkston Project. CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Kauai Planning Commission Re:Subdivsion application:S-2021-7 1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32) The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of condos or development ofthis important property. This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse actually or in terms of perception than for the County to approve any motions that would allow for an area designated by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos. This doesn't begin to coverthe cultural issues related to Iwi Kupuna and burials,ofwhich there are many relating to the property. In sum -1 OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. Poipu DOESNT need hundreds more unaffordable condos that will only further clog our street,stores,water issues, pollution,TRAFFIC ISSUES.And N0 another roundabout isn't traffic management.Do you guys even live here?What about our future generations.No connection to the aina.1 have taught preschool here on Kauai for the last 10 years. What will our children inherit except a third world economy right here on beautiful Kaua'i. Respectfully submitted, Karla Saperstein Omao,Hl Sentfrom my iPhone 17 Kristen Romuar-Cabico From: Sent: To: Subject: Roslyn Cummings <mana.eolakakouhawaii@gmail.com> Sunday,August 8,2021 12:22 AM Planning Department RE:(4)2-6-017:045),(4)2-8-014:032/AGAINST/No.S-2021-7,(4)2-6-017:55 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless It is something you were expecting. NOTICE TO AGENT,NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL,NOTICE TO AGENT 1 Roslyn Nicole Manawaiakea Malama (Cummings)known by my ancestors,our ancestors as Manawaiakea a Wahine Maoli,Kanaka Oiwi,Po'e Kanaka 1 am AGAINSTthese projects due tothe processofwhich it hastaken.The countyofKauai has no rightto approve plans. Under USC 28 Section 91 states the "Hawaii constitutes one judicial district which includes the Midway Islands,Wake Island,Johnston Island,Sand Island,Kingman Reef,Palmyra Island,Baker Island,Howland Island,Jarvis Island,Canton Island,and Enderbury Island:Provided,That the inclusion of Canton and Enderbury Islands in such judicial district shall in no way be construed to be prejudicial to the claims of the United Kingdom to said Islands in accordance with the agreement of April 6,1939,between the Governments of the United States and of the United Kingdom to set up a regime for their use in common. Court shall be held at Honolulu. (June 25,1948,ch.646,62 Stat.877;May 24,1949,ch.139,§64a,63 Stat.99;Pub.L.86-3,§14(i),Mar. 18,1959,73 Stat.11;Pub.L.86-624,§19,July 12,1960,74 Stat.416.)" Another valid point is the habitat,where our native "protected species"are.Right across a street to where Palikua's lot is;hlapa trail. Not only is the planning department responsible for the damages to our cultural heritage;international laws. Due to approving plans without authority by truth owner.All it takes a simple search through title and you'll find that the Knudsens never held clear title to transfer any sales of lands. 1 kept hearing about EIS being done.Never saw a recent report.Then,they as in developer's affiliate agree that our cultural heritage (Heiau,Butials,and Sites)should stay intact and preserved yet,the County of Kauai planning lied about permits. In April of 2021 Geolabs was drilling into "known"burial sites.After,l shared the location.They still went ahead and drilled right into the burials.Why?They cook it's because Gary Pinkston pushed for them to do their work 18 quickly.A machine went in on the weekend and claimed "shredding".The machine did grubbing and grading per visit with DLNR Enforcement and David Buckley of Sh-IPD who later changed their story. A cease and desist was served to Geolabs,Gary Pinkston,Earyhworks,and Kauai Police Department. Spoke with the State of Hawaii Land commission Use and they did a walk through back in 2015.The request to change the zoning was receded.No request was ever submitted in the area since the 70's.In the 2015 meeting with the State and Community including the mayor of Kauai at the time was in regards to the development plans in the area one of which is thus said property. With no drainage plan,no water usage plan,no evacuation plan.This is just more grounds for a COMPLETE dismissal of permitting. Here's a brief summary from the Kauai County Planning Department page The Planning Department advises the Mayor,Planning Commission,and the County Council on planning and land use matters for the County of Kauai,The Department is also responsible for the administration and enforcement of the Zoning and Subdivision Ordinances,as well as the County's planning program,which includes long-range and regulatory policy documents like the General Plan and Comprehensive Zoning Ordinances. There is documentation that the Kauai County Housing Department has been getting paid our millions of dollars for permitting.Land use. This entire project needs to go! As a lineal descendant to the burials in these two areas.1 am here to say-NO!No more unlawful transactions. These lands belong to its heirs. In protection of the water,sacred sites,and burials.All of which is vital to our health as "Native Hawaiians" Kanaka Maoli,Po'e kanaka.These types of project causes emotional damage.It's part of the confined genocide of our people before the arrival of Captain cook. As for Kukuiula.From my understating their is a stewardship agreement.Which to me it's great.Except when people don't know the proper procedures,protocol. With an affidavit in hand!1 will do my best to protect the birthing site of Kamawaelualani the heiau that all souls when exiting comes through that property and the hundreds of iwi kupuna whose uhane is not at rest. 19 1 pray all can see is the vision of the ahupuaa system. We are now in the time if I'O;knowing what is right by doing what is right. Aloha,Manawaiakea 20 Kristen Romuar-Cabico From: Sent: To: Subject: box 3133 <:box3133@outlook.com> Saturday,August 7,2021 11:49 PM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless It is something you were expecting. Aloha, Tothe Subdivision CommitteeofThe Kauai PlanningCommission Re:Agenda Item l-1c,Subdivision application:S-2021-7 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions oftheTMK have been designated bythe Departmentofthe Interioras protected habitatforthe endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Specles. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, James Erwin ZikeJr 702-560-0060 21 Kristen Romuar-Cabico From: Sent: To: Subject: sumerlei@aol.com Saturday,August 7,2021 7:13 PM Planning Department TMK (4)2-8-014:032 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item l-1c,Subdivision application:S-2021-7 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021 . TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat' and the last remaining ecosystem on the planet for at least 2 Endangered species - the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -1 OPPOSE any activities on this property including:drilling,grubbing, grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Summer Holwegner 22 Kristen Romuar-Cabico From: Sent: To: Subject; Lynette Kaopuiki <lkaopuiki@yahoo.com> Saturday,August 7,2021 2:59 PM Planning Department Agenda item 1-1c,subdivision application S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Tothe Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item l-1c,Subdivision application:S-2021-7 1 OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing bythe Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Lynette Kaopuiki 8086498839 Sent from Yahoo Mail for iPhone 23 Kristen Romuar-Cabico From: Sent: To: Subject: travis-thomas mokiao <travisthomasmokiao@gmail.com> Saturday,August 7,2021 2:56 PM Planning Department Re:Subdivsionapplication:S-2021-7 l OPPOSE the Subdivision of TMK (4)2-8-014:032 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. planningdepartment@kauai.gov To the Kauai Planning Commission Re:Subdivsion application:S-2021-7 1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32) The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of condosordevelopmentofthis important property. This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse actually or in terms of perception than for the County to approve any motions that would allow for an area designated by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos. This doesn't begin to cover the cultural issues related to Iwi Kupuna and burials,of which there are many relating to the property. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. Sentfrom myiPhone 24 Kristen Romuar-Cabico From: Sent: To: Subj'ect: Thomas Whitham <kanona1@icloud.com> Saturday,August 7,2021 8:46 AM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County PlanningCommission at8:30am,8/10/2021. The area is home to endangered species,including the Koloa blind cave spider,and protected by the Department of the Interior.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least two Endangered species-the Endangered Kauai Cave Wolf Spider and the Endangered Kauai Cave Amphipod. These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property. The agenda item on the Planning Commission lists the proposed activity of building 280 condominiums. 1 OPPOSE any activities on this property that would lead to the decimation ofthis ecosystem and listed Endangered Species.This proposed development will also worsen the critical housing problem as it will create No affordable housing for the local community and by accepting the 5 million dollars to avoid this is beyond wrong. Mahalo, ThomasWhitham 808-631-6342 Sent from my iPad 25 Kristen Romuar-Cabico From: Sent: To: Subject: Rebecca DeRoos <rebeccaderoos@gmail.com> Saturday,August 7,2021 6:57 AM Planning Department Condominiums on Southside CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Please no more!Our treatment can't handle it,nor our highway system,nor honor to Hawaiian burials.And no place for workersto live?!!!!!$5 million isa payoff.Be honorable-DON'Tgo for it!Rebecca DeRoos Sentfrom my iPhone 26 Kristen Romuar-Cabico From: Sent: To: Subject: NoelaniJOSSELIN <noelanijosselin808@gmail.com> Saturday,August 7,2021 3:41 AM Planning Department KAUANOE O KOLOA CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission Re;Agenda Item l-1c,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County PlanningCommission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. 1 OPPOSE any and all activities on this property including:drilling,grubbing,grading,spraying of toxic substances like pesticides,herbicides and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development creates N0 affordable housing for the local community! Mahalo,Noelani Josselin 808-634-2007 Noelaniiosselin808@email.com 27 Kristen Romuar-Cabico From: Sent: To: Subject: Jan Makepa <jmakepa001@gmail.com> Friday,August 6,2021 11:42 PM Planning Department Opposition Testimony CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am,8/10/2021. TMK [4)2-8-014:032 is home to endangered species,including the blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod [Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property [TMK (4)2-814:32]. The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation ofthis ecosystem and listed Endangered Species. The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see links that follow.No County action should be taken on TMK [4J 2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. Mahalo, (signature and phone number) 28 Kristen Romuar-Cabico From: Sent: To: Subject: AndyArteaga <andyarte20@gmail.com> Friday,August 6,2021 4:24 PM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This emall originated from outslde the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Committee ofThe Kauai Planning Commission: 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Roel Arteaga,andyarte20@gmail.com 29 Kristen Romuar-Cabico From: Sent: To: Subject David Sutton <malamaourworld@gmail.com> Friday,August 6,2021 3:52 PM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click tlnks or open attachments even Jfthe sender is known to you unless it Is something you were expecting. Aloha! I oppose the Consolidation and plaimed Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am, TMK (4)2-8-014:032 is home to endangered species,mcluding the blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas mnning under and adjacent to this property (TMK (4)2-814:32). In sum -oppose any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.See also Land Use Commission requurements that have yet to be satisfied. Mahalo, David Sutton 8082124529 30 Kristen Romuar-Cabico From: Sent: To: Subject: Marcia McPhail <marciakauai@icloud.com> Monday,August 9,2021 2:13 PM Planning Department Vote N0 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. AUG 3 2021 planningdepartmentiai kauai.gov To the Kauai Planning Commission Re:Subdivsion application:S-2021-7 1 OPPOSE the Subdivision ofTMK (4)2-8-014:032 Vote N0 ! building of 280 tourist condominiums It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of condos or development of this important property. This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse actuallyor intermsofperceptionthanforthe Countyto approve anymotionsthatwould allowforan area designated by the USFWS as critical habitat and 2 species to be destroyed,to build tourist In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. Kristen Romuar-Cabico From: Sent: To: Subject: Judy Dalton <judydalton123@gmail.com> Monday,August9,2021 1:59 PM Kaaina Hull;Planning Department Testimony re:S-2021-7 (August 10,2021 -Agenda I-1C)' CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Yellow Hale LLC -Subdivision Application 8-2021-7 for TMK (4)2-8-014:032 Aloha Director Hull and Commissioners, This subdivision aspplication does not meet the requirements of the Department of the Interior,the Land Use Commission nor the US Fish and Wildlife Service which all address the protection of endangered species identified on this property.The impacts on infrasture and traffic are also of major concern. It is very troubling that the developer offered to pay the county $5 million to avoid the required 20%of a development to be alloted for workforce housing.The applidant is scandalously trying to buy his way out of this requirement.This borders on a type of bribery that hopefully the PlanningCommission will not accept. I respectifully ask that the Commission not approve this development which ignores enivornmental mandates and turns its back on the needs of Kauai s workforce residents. Thank you for the opportunity to comment. Judy Dalton 808-482-1129 SlERRACLUB OF HAWM'I KAUA'I GROUP August7,2021 Ka'ina S.Hull,Planning Director Kaua'i Planning Commission Subdivision Committee 4444 Rice Street,Suite A473 Lihue,HI 96766 MALAMA I KA HONUA Cherish the Earth (khull@kauai.gov) (planningdepartment@kauai.gov) RE:AGENDAITEMI-lConAUGUST 10,2021 -YELLOW HALE LLC SUBDIVISION APPLICATION S-2021 -7 for TMK (4)2-8-014:032 Aloha Director Hull and Commissioners: The Sierra Club Kaua'i Group strongly opposes the consolidation and planned Subdivision ofland referenced above.We are extremely concerned about the omission ofrelevant information in the record which will inhibit fair and reasonable decision-making. The Applicant plans to develop 282 condominium units on 27-acres,and we ask that you fully consider the following discrepancies and not proceed vvith segmenting this project. I)Subsequent to the State District Boundary Amendment that changed the Ag classification to Urban in 1975,and later modifications/requirements in 1977 and 1997,many conditions have yet to be met as itemized by the State Office ofPlanning in 2014.See: httDS://luc.hawaii.eov/wD-content/uoloads/2014/01/A76-418-OP-ResDonse-to-Motion-4-4-14- FINAL.cdf 2)Portions ofthe parcel were designated by the U.S.Department ofthe Interior (the nation's leading nature conservation agency)as protected critical habitat for two endangered species -the Kaua'i Cave WolfSpider (Adelocosa Anops)and the Endangered Kaua'i Cave Amphipod (Spelaeorchestia Koloana).See:httBs://www.£ovinfo.eov/content/Dk2/FR-2003-04-09/Ddf/03-81SO.pdf 3)In a letter dated March 24,2014,the US Fish and Wildlife Service states that it is very concerned that building in the area surrounding the "critical habitat"could result in a taking.See: httDS://luc.hawaii.aov/wD-content/uDloads/2014/01/A76-418-OP-Exhibit-C-D-E.Ddf 4)The county s requirement for rodent control and the application of poison and grubbing activities can decimate this protected ecosystem and species. 5)This TMK contains the Koloa Cave System with many noted lava tubes and burial chambers,and is also part ofthe prehistoric Koloa Field System. Sierra Club of Hawai'i,Kaua'i Group |PO Box 3413,Lihu'e,Hawai'i 96766 |hi.sierraclub.org Emailed correspondence reduces paper waste.Ifyou do print this letter,please recycle.Mahalo. Kristen Romuar-Cabico From: Sent: To: Subject: Dan Freund <danfreund@hotmail.com> Friday,August 6,2021 9:01 AM Planning Department Subdivision Committee Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kaual.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. I'll let others who know more talk about ecological and cultural issues.What I do know is that adding more vacation homes on Kauai will sabotage the Hawaii Tourism Authority's current goal of "stabilization,recovery,and rebuilding to the desired visitor industry"(emphasis added). Let the developers come back a plan for affordable residential homes. -Dan Freund 5609A Honua Rd Kapaa,HI 96746 Kristen Romuar-Cabico From: Sent: To: Subject: Regina Gregory <reginagregory24@gmail.com> Friday,August 6,2021 10:23 AM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. 1 OPPOSE the Consolidation and planned Subdivision ofTMK (4) 2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission. The project negatively affects endangered species and creates only totally unaffordable housing. Regina Gregory Kristen Romuar-Cabico From: Sent: To: Subject: CherylAnn Farrell <cherylaofarrell@gmail.com> Friday,August 6,2021 10:51 AM Planning Department Opposition statement to Subdivision application S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Plannmg Commission at 8:30 am, 8/10/2021. TMK (4)2-8-014:032 is home to endaagered species,includmg the blind cave spider,found nowhere else in the world.Portioas of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas runnmg under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Plarmmg Commission lists the proposed activity -the building of 280 condominiums. In sum -1 OPPOSE any and activities on this property includmg:drillmg,grubbing,grading,the administration of poison and other activities that would lead to the decunation of this ecosystem and listed Endangered Species.See also Land Use Commission requirements that have yet to be satisfied: https:/71uc.hawaii.gov/wp-conteDt/'uploads/2014/01/A76-418-OP-Response-to-Motion-4-4-14- FINAL.pdf httDS://luc.hawaii.sov/WD-content;'UDloads/2014/03/A76-418 JMoana-CorDoration DO 7-11- 197 7.pdf https://luc.hawaii,eov/wp-contej'it/upIoads/20t4/03/A76-418_Moana-Corporation_Bill-of; Particulars 5-16-1996.gdt' The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requu'ements.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. Mahalo, Cheryl Ann Farrell Cheryl Ann Farretl ch.erylaofarrell@email.com 808-652-1284 (-2 hrs PST) It's notwhatyou don't knowthatwillgetyou in trouble.It iswhatyou knowforsure,thatjustain'tso.~MarkTwain Kristen Romuar-Cabico From: Sent: To: Subject: Ahupuaa puna o Kaua'i <ahupuaapunaokauai@gmail.com> Friday,August 6,2021 8:05 AM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. 1 OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committeeofthe Kauai County PlanningCommissionat 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found nowhere else in the world. Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation ofthis ecosystem and listed Endangered Species.See also Land Use Commission requirements that have yet to be satisfied: https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fluc.hawaii.gov%2fwp- content%2fuploads%2f2014%2f01%2fA76-418-OP-Response-to-Motion-4-4-14-FINAL.pdf&c=E,l,j- ClcYlb7ztnVfKtS5zczovkZWMUfY5MpYePOS31W_nsW3dLhj8083JaJFAv3JmlYUOP8VlyONC29RT7T5zrxcEbJAW93p5_Cb Mlux9dF90c&typo=l https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fluc.hawaii.gov%2fwp- content%2fuploads%2f2014%2f03%2fA76-418_Moana-Corporation_DO_7-ll- 1977.pdf&c=E,l,6uclXcWAmSm3Tsqht071Pinq6y730orfCB5YJLCgHLalzhS6qQoCyEOQ-F2bqa2603qhZzvH- M_uUjS_4UK6F6mtzkOzscCnVHy21bytGiNF-DvmUaY,&typo=l https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fluc.hawaii.gov%2fwp- content%2fuploads%2f2014%2f03%2fA76-418_Moana-Corporation_Bill-of-Particulars_5-16-1996.pdf&c=E,l,- FfH150i7Q6TlhsFMUvasRDq6YOowQOs5ZThXluKoc9bW-7R2czP7-dtMAkB29WW9ar373a58pM13xHIAI- itOh5i86gBqgMIRyHlWPHDLdbPDWIAYVcEtwabOU,&typo=l The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see links that follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. Mahalo, (signature and phone number) 11 Also equallyconcerning isthevalidityofthefactthatCultural Surveys Hawaii never performed a propersurveyforthis property!Not only was it completely inaccessible at the time of the brief survey that Missy conducted,she stated to me personally that "The lot must be cleared by hand and have a full team survey done because it was such a culturally sensitive area!."Multiple Lineal Descendantsand cultural descendants have come forward and SHPD is notdoingthe proper protocol of identifying them as descendants!Kauai Island burial specialist Kauanoe Hoomanawanui's own mother Moana Kinimaka manages Wainani subdivisions,poipu estates and has deep conflicts of interest because of this. We personallytookSHPD,DLNR and DOCARE and nothingever became ofthe complaintsfiled!They can't even give me a reference number for my complaint!We've been asked to provide birth certificates for people born in the 1700-1800s! We've proved full lineal descent to Chief Palikua and his family who are buried in that property.Sent from my iPhone 12 Kristen Romuar-Cabico From: Sent: To: Subject: Heatherbell Fong <hbfongkalaheo@gmail.com> Friday,August 6,2021 8:07 AM Planning Department Subdivlsion application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am,8/10/2021. TMK [4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions ofthe TMK have been designatedbythe Department ofthe Interioras protected habitats for endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices, This parcel has been listed by the US Fish and Wildlife Service as Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave WolfSpider (Adelocosa anops}and the Endangered Kauai Cave Amphipod (Spelaeorchestia koloana].These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK [4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison,or any other activities that would lead to the extinction of this ecosystem and listed Endangered Species. Mahalo, Heatherbell Fong Kalaheo Phoneno:8083466887 Heatherbell Fong hbfonqkalaheo@qmail.com 10 Kristen Romuar-Cabico From: Sent: To: Subject: Alyssa Alayvilla <alyssa.alayvilla@outlook.com> Friday,August 6,2021 8:16 AM Planning Department Re:Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unfess it is something you were expecting. Aloha Subdivision Committee of The Kauai Planning Commission, 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at8:30am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda Jtem on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community!Please find my contact info below should there be any questions or if you need anything additional.Mahalo! WARMEST REGARDS, ALYSSA ALAYVILLA DESIGNER X OWNER OF DtSIGN HAUS INTERIORS CONTACT@DESIGNHAUSINTERIOR.COM f3231 -333 -1933//WHEDESIGNHAUSIWCRIORS WWW.DESIGNHAUSINTERIOR.CQM Kristen Romuar-Cabico From: Sent: To: Subject: Lileigh Thomas <lileigh.thomas@gmail.com> Friday,August 6,2021 8:25 AM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the CountyofKauai.Do not click links oropenattachments even ifthe sender is known to you unless it is something you were expecting. 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing, grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Lileigh Thomas (505-690-6911) Kristen Romuar-Cabico From: Sent: To: Subject: Sarah Wise <swisekauff@gmail.com> Friday,August 6,2021 8:32 AM Planning Department Re:Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item l-1c,Subdivision application:S-2021-7 1 OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County PlanningCommission at8:30am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Sarah Wise 831-239-6222 Kristen Romuar-Cabico From: Sent: To: Subject: dreined@gmail.com Friday,August 6,2021 8:58 AM Planning Department Opposing development ofTMK CAUTION;This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless It Is something you were expecting. 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Please make your decision off more than just financial gain..There is so much more at stake here. Mahalo, Drea Dooley 431-1885 Kristen Romuar-Cabico From: Sent: To: Subject: Tyler Smith <tylerrsmith1103@gmail.com> Friday,August 6,2021 9:06 AM Planning Department Agenda Item l-1c,Subdivision Application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender Is known to you unless it is something you were expecting. Aloha Subdivision Committee of The Kauai Planning Commission, 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitlve historic practlces. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community!Please find my contact info below should there be any questions or if you need anything additional.Mahalo! Tyler Smith Tylerrsmithll03@gmail.com 702-334-3233 Kristen Romuar-Cabico From: Sent: To: Subject: Malina Hoopii-Foley <malina.foley@gmail.com> Friday,August 6,2021 9:43 AM Planning Department 'A'ole Kauanoe O Koloa CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Hewa hewa hewa hewa HEWA! Please look with your heart how wrong planning this development would be! It's so selfish to build condos on this sacred aina with TONS of iwi Kupuna(Ancestral bones)WHO would this benefit?? Definitely not our people.Not our upcoming generation of keiki. Think about your grandchildren and the land you will leave them with.1 urge you to look at the whole picture.Enough is enough,we need to stop catering so much to tourists and more towards the people of this land.Let Hawaiians be Hawaiians and this land will prosper!Lets stop putting $$$signs in front of the things that are TRULY important.Kaua'i will no longer be Kaua'i if we continue to do selfish acts like this. This land is not ours to buy and sell. 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021.TMK (4)2- 8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices.This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species - the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32).The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo,Malina Ho'opi'i-Foley Kristen Romuar-Cabico From: Sent: To: Subject: Anna morales <annaparlee7@gmail.com> Friday,August 6,2021 10:08 AM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical hlabitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading, the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing forthe local community! Mahalo, Anna Morales Kristen Romuar-Cabico From: Sent: To: Subject: Regina Floyd <reginafloyd@gmail.com> Thursday,August 5,2021 4:51 PM Planning Department Re:Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 When does this ever stop? FOR THE RECORD,I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2- 814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. 46 In summary -OPPOSE any activities on this property including: drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.See also Land Use Commission requirements that have yet to be satisfied: httDs://luc.hawaii.gov/WD-content/UDloads/2014/01 /A76-4 18-0P- Response-to-Motion-4-4-14-FINAL.pdf https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418 Moana- Corporation DO 7-11-1977.pdf https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418 Moana- Corporation Bill-of-Particulars 5-16-1996.pdf The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see links that follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. Mahalo, Regina L Floyd Kauai Resident 808 742 8424 Regina L Floyd Digital Marketing Consultant Simple Online Business Development SimpleOBD.com Contact Info: 702 292 2372 (mobile direct) 808400-1460 (business) skype:Regina.L.FIoyd Facebook.com/ReginaLFIovd Linkedln:ReginaLFIovd 47 Kristen Romuar-Cabico From: Sent: To: Subject: steven Thomas <melezdad1@yahoo.com> Thursday,August 5,2021 5:48 PM Planning Department Oppose Kauanoe O Koloa Kiahuna Project CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Kauai Planning Commission Re:Subdivsion application:S-2021-7 1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32) The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of condos or development of this important property. This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse actually or in terms of perception than for the County to approve any motions that would allow for an area designated by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos. This doesn't begin to cover the cultural issues related to Iwi Kupuna and burials,of which there are many relating to the property. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. Sent from my iPhone 44 Kristen Romuar-Cabico From: Sent: To: Subject: johnandjay1302 <johnandjay1302@gmail.com> Thursday,August 5,2021 5:07 PM Planning Department 282 condo development koloa area CAUTION:ThJs email originated from outside the County of Kauai,Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. 1 opposed the development in koloa area.John Tillman Sent from my T-Mobile 4G LTE Device 45 Kristen Romuar-Cabico From: Sent: To: Subject: Viviana Ruiz <vivianaruiz4336@gmail.com> Thursday,August 5,2021 7:47 PM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outslde the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it Is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item l-1c,Subdivision application:S-2021-7 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing forthe local community! Mahalo, 42 Viviana Ruiz-Moreno,(619)3758330 43 Kristen Romuar-Cabico From: Sent: To: Subject: Monica Banuelos <jbanuelos2773@icloud.com> Thursday,August 5,2021 7:52 PM Planning Department Agenda item l-1c CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item l-1c,Subdivision application:S-2021-7 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, 40 Monica Banuelos 41 Kristen Romuar-Cabico From: Sent: To: Subject: Flora <floramaywright@gmail.com> Thursday,August 5,2021 7:59 PM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Dear County Of Kaeuai Planning Commission, 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Sincerely, FloraW. 39 Kristen Romuar-Cabico From: Sent: To: Subject: Claudia Hart <kalaukia1@gmail.com> Thursday,August 5,2021 8:00 PM Planning Department;kiaiwaialeale@gmail.com;BridgetHammerquist@hawaiiantel.net Consolidation and planned Subdivision ofTMK (4) CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am, 8/10/2021. Not sure how effective it is to be emailing this to the Planning Department.The people askmg for our statements to be emailed to you should have been aware that you can easily delete as many as you wish.That is why I am copying some of them on this email.Sad that we,as a community,have had whatever faith we may have once had m our elected or appointed officials totally destroyed.I am not Hawaiian but I am beyond appalled by the lack of respect the people in charge have for the native Hawaiian culture and the rights of the Hawaiian people.At the rate you are going,you will soon be tuming Kauai into another Oahu. Claudia L.Hart 808-378-4984 38 Kristen Romuar-Cabico From: Sent: To: Subject: FW <snuffleupaguslikesspaghetti@gmail.com> Thursday,August 5,2021 8:01 PM Planning Department Presen/e Koloa Ahupua'a CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission, Re:Agenda Item l-1c,Subdivision application:S-2021-7 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! 37 Kristen Romuar-Cabico From: Sent: To: Subject: betty winholtz <winholtz@sbcglobal.net> Thursday,August 5,2021 8:03 PM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This emall originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Dear Subdivision Committee of The Kauai Planning Commission: For several reasons,1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission on August10,2021. 1.This parcel is listed by the US Fish and Wildlife Service as 'Critical Habitat.'It is the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property.Portions have been designated by the Department of the Interior as protected habitat for the endangered species. 2.This parcel is a recognized Hawaiian burial site.It is rife with traditional and culturally sensitive historic practices. 3.This parcel's proposed development does not create affordable housing for the local community.Therefore,building 280 condominiums adds to the critical housing problem. 1 OPPOSE any activities on this property such as drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species,as well as degrading the h-lawaiian burial site. Support the community,its heritage,and its duty to protect its one-of-a-kind species. Sincerely, Betty Winholtz 35 Kristen Romuar-Cabico From: Sent: To: Subject: L Shalev <humandesigninteractive@gmail.com> Thursday,August 5,2021 8:06 PM Planning Department I oppose the housing development CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To whom it may concern. It is time to build homes for Native Kauai people and not rich immigrants from the Mainland. Corruption of county officials needs to stop.Developers like Blingsten (or whatever his name is)is going to become super-rich and how does that help the people who need homes? Get real and responsible! LASITA Shalev 34 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: MarkShaffer <wherryone@me.com> Thursday,August 5,2021 8:34 PM Planning Department Judy Martin Subdivision OfTMK (4)2-8-014:032 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. My Wife and I are resident of Kauai and live on the South Shore. To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearmg by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am, 8/10/2021. TMK (4)2-8-014:032 is home to endangered species,mcluding the blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Plarmmg Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,gradmg,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.See also Land Use Commission requirements that have yet to be satisfied: Further more,I don't understand,the planning for any more housing and commercial structures on Kauai.. Infrastructure is bemg over tacked,I hope you can understand the urgency to put a moratorium on all building on the island of Kauai. 32 For the good of the Ohana.Our hearts are here on this magical place.Please reconsider you proposed development... Aloha, Mark Shaffer Judy Martin 33 Kristen Romuar-Cabico From: Sent: To: Subject: Noe Moku <noemoku@gmail.com> Thursday,August 5,2021 8:55 PM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission, Re:Agenda Item l-1c,Subdivision application:S-2021-7 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committeeofthe Kauai County PlanningCommission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawsiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Noelani Moku 31 Kristen Romuar-Cabico From: Sent: To: Subject: Shan S <shannonvstone@gmail.com> Thursday,August 5,2021 9:12 PM Planning Department Re:Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission, 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Shannon Stone 29 Kristen Romuar-Cabico From: Sent: To: Subject: Hannah Werner <hmwernerdesigns@gmail.com> Thursday,August 5,2021 9:05 PM Planning Department Re:Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it Js something you were expecting. 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, -Hannah Werner 30 Kristen Romuar-Cabico From: Sent: To: Subject: Dawn Kawahara <dawnkawahara@gmail.com> Thursday,August 5,2021 9:25 PM Planning Department Subject:Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Plarmmg Commission at 8:30 am, 8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remainmg ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only m Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,gmbbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.See also Land Use Commission requirements that have yet to be satisfied: https://luc.hawaii.gov/WD-content/uDloads/2014/01/A76-418-OP-Resppnse-to-Motion-4-4-14- FDMAL.pdf https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418_Moana-Corporation_DO_7-ll- 1977.pdf https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418 Moana-Corporation_Bill-of- Particulars 5-16-1996.Ddf 27 The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see links that follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. Mahalo, Dawn F.Kawahara (808)651-6305 28 Kristen Romuar-Cabico From: Sent: To: Subject: Steve Ramar <steven_r1965@platosys.net> Thursday,August 5,2021 9:50 PM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing, grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing forthe local community! Mahalo, Steven Ramar [508.775.3951] 26 Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Sylvia Partridge <sylpartridge@yahoo.com> Thursday,August 5,2021 10:06 PM Planning Department Sylvia Partridge Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This emait originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider, found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat' and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only m Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -1 OPPOSE any activities on this property including:drilling,gmbbing, gradmg,the administration ofpoison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.See also Land Use Commission requirements that have yet to be satisfied: https://luc.hawaii.aov/wD-content/uploads/2014/01/A76-418-OP-ResDonse-to- Motion-4-4-14-FINAL.pdf httDS://luc.hawaii.aov/wD-contenVuDloads/2014/03/A76-418_Moana- CorDoration_DO_7-11 -1977.pdf httDS://luc.hawaii.aov/wD-content/uDloads/2014/03/A76-418_Moana- 24 CorDoration Bill-of-Particulars 5-16-1996.pdf The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see links that follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. Mahalo, Sylvia Partridge 3800 Kamehameha Rd.,#22 Princeville,HI 96722 808-826-4020 sylpartridge @ yahoo.com 25 Kristen Romuar-Cabico From: Sent: To: Subject: Joan McCauley <joanmccauley54@gmail.com> Thursday,August 5,2021 10:46 PM Planning Department Kauanoe O Koloa CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item l-1c,Subdivision application:S-2021-7 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department oi the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Joan McCauley LivingAlohatS (808)855-5079 N0 TREES WERE KILLED in the delivery of this message.However,a large number of electrons were terribly inconvenienced.Please consider the environment before printing this e-mail!(Author Unknown) 23 Kristen Romuar-Cabico From: Sent: To: Subject: Mai-Britt Ohlsen <ohlsen.mb@gmail.com> Thursday,August 5,2021 10:53 PM Planning Department Subdivision Committee of The Kauai Planning Commission Re:Agenda Item l-1c, Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item l-1c,Subdivision application:S-2021-7 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical h-labitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing, grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. 21 This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Mai-Britt Ohlsen 22 Kristen Romuar-Cabico From: Sent: To: Brittny Perez <brittnyp@hawaii.edu> Friday,August 6,2021 12:03 AM Planning Department CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. I Kulanui Naliipoaimoku OPPOSE the Consolidation and planned Subdivision of TMK (4) 2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practlces. The EPA should be notified and will be promptly notified that this endangered species is being threatened yet again for the sake of elitist families to have yet another vacation home. This parcel has been listed by the US Fish and Wildlife Service as 'Critical hlabitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Brittny (Kulanui Naliipoaimoku)Perez 19 (808)346-8938 20 Kristen Romuar-Cabico From: Sent: To: Subject: Joan Levy <joanlevy47@icloud.com> Friday,August 6,2021 12:31 AM Planning Department Opposition to l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Itein I-lc,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Conunission at 8:30 am, 8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaming ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas runnmg under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planniag Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drillmg,gmbbing,gradmg,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.See also Land Use Conunission requirements that have yet to be satisfied: https://luc.hawaii.gov/wp-content/uploads/2014/01/A76-418-OP-Response-to-Motion-4-4-14- FINAL.pdf https://luc.hawaii.gov/wp-contenfc/uploads/2014/03/A76-418 Moana-Corporation_DO_7-11- 1977.pdf https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418 Moana-Corporation Bill-of- Particulars_5-16-1996.pdf 17 The Land Use Commission Docket contams multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see links that follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. Mahalo, Joan Levy POB 160,Kapaa 29 year Kauai resident Sent from Joan Levy's iPhone 18 Kristen Romuar-Cabico From: Sent: To: Subject: Jessica <jesskm1551@gmail.com> Friday,August 6,2021 2:41 AM Planning Department Re:Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing forthe local community! Mahalo, Sentfrom myiPhone 16 Kristen Romuar-Cabico From: Sent: To: Subject: ARYN MAMIZUKA <arynmamizuka@ymail.com> Friday,August 6,2021 3:19 AM Planning Department Agenda Item l-1c,Subdivision application:S-2021-1 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized hlawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, ARYN MAMIZUKA 14 ST 091-6-6SZ-60S Kristen Romuar-Cabico From: Sent: To: Subject: ariana may <arianagynther@gmail.com> Friday,August 6,2021 3:30 AM Planning Department Re:Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is somethlng you were expecting, To the Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item l-1c,Subdivision application:S-2021-7 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, 12 Kristen Romuar-Cabico From: Sent: To: Subject: Mary Waldrop <marygwaldrop@yahoo.com> Friday,August 6,2021 3:32 AM Planning Department oppose condo development on Kiahuna Plantation Dr CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat' and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Plannmg Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing, grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.See also Land Use Commission requirements that have yet to be satisfied: https://luc.hawaii.gov/wp-content/uploads/2014/01/A76-418-OP-Response-to- Motion-4-4-14-FINAL.pdf https://lyc,hawaii.gov/wp-content/uploads/2014/03/A76-418_Moana- CorDoration_DO_7-11-1977.pdf https ://luc.hawaii.eov/wD-content/uDloads/2014/03/A76-418_Moana- Corporation Bill-of-Particulars 5-16-1996.Ddf 10 The Land Use Commission Docket contams multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see links that follow.No County action should be taken on TMK (4)2-8- 014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. Mahalo, Mary G Waldrop 2611 Kiahuna Plantation Dr apt2F Koloa,HI 96756 575-937-0889 11 Kristen Romuar-Cabico From: Sent: To: Subject: MaryWaldrop <marygwaldrop@yahoo.com> Friday,August 6,2021 3:34 AM Planning Department condo project mauka of Pili Mai CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission Re:Agenda Item I-lc,Subdivision application:S-2021-7 I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County Plannmg Commission at 8:30 am, 8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remainmg ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas runnmg under and adjacent to this propeny (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.See also Land Use Commission requirements that have yet to be satisfied: https://luc.hawaii.eov/wp-content/uploads/2014/01/A76-418-OP-Response-to-Motion-4-4-14- FINAL.pdf httDS://luc.hawaii.gov/WD-content/uDloads/2014/03/A76-418 Moana-CorDoration DO 7-11- 1977.pdf https://luc.hawaii,fiov/wp-content/uploads/2014/03/A76-418_Moana-Corporation Bill-of- Particulars 5-16-1996.Ddf The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see links that follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices and the Endangered Species Act. Mahalo, Mark L Waldrop 2611 Kiahuna Plantation Dr Apt 2F Koloa.HI 96756 575-937-0888 Kristen Romuar-Cabico From: Sent: To: Subject: Sarah Kanu <sarahnkanu@yahoo.com> Friday,August 6,2021 4:19 AM Planning Department Re:Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission 1 strongly OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am,8/10/2021. We should ALL be in support of listening to Indigenous peoples and having the utmost respect for their land and their future -along with all our futures. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Sarah Kanu -United States/Texas Kristen Romuar-Cabico From: Sent: To: Subj'ect: Renee Rosemark Harper <reneeroseharper@gmail.com> Friday,August 6,2021 5:07 AM Planning Department Housing in Poipu CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Please consider all the negative aspects of this development.Traffic is already terrible on the Island and this will just add to it.Please think of the residents and long term implications of this project. Mahalo, Renee Rosemark Harper Lawai Kristen Romuar-Cabico From: Sent: To: Subject: Araceli Marquez <marquez.araceli84@gmail.com> Friday,August 6,2021 5:19 AM Planning Department Re:Agenda Item l-1c,Subdivision application:S-2021 -7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission, 1 oppose the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -1 oppose any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Thank you, Araceli Marquez (916)599-5154 Kristen Romuar-Cabico From: Sent: To: Subject: Eileen Roach <eileenroach@yahoo.com> Friday,August 6,2021 5:28 AM Planning Department Planned Subdivision ofTMK (4)2-8-014:032 Kauanoe O Koloa CAUTION:This email originated from outside the County of Kauai.Do not cllck links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Planning Commission, Regarding agenda Item l-1c,Subdivision application:S-2021-7,l strongly OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032. As you are aware,this parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat' and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana). In addition,this proposed development does not create any affordable housing for the local community! Please do not approve this project,for the sake of our people. Mahalo, Eileen Roach hlanapepe (805)712-4144 Kristen Romuar-Cabico From; Sent: To: Subject: Terri Condotta <tmcondo@comcast.net> Friday,August 6,2021 6:50 AM Planning Department OPPOSITION FOR PLANNED KOLOA SUBDIVISION CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To the Subdivision Committee ofThe Kauai Planning Commission Re:Agenda Item l-1c,Subdivision application:S-2021-7 We OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County PlanningCommission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions oftheTMK have been designated bythe Departmentofthe Interioras protected habitatforthe endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -we OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Theresa and Marvin Condotta 6645KWaipouli Road Kapaa Hl 96746 425-210-7340 Terri Condotta c:425.210.7340 Kristen Romuar-Cabico From: Sent: To: Subject: kassandra.silva9@gmail.com Friday,August 6,2021 7:32 AM Planning Department Re:Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click llnks or open attachments even ifthe sender is known to you unless It is something you were expecting. To the Subdivision Committee of The Kauai Planning Commission 1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280condominiums. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Kassandra Silva (512)502-2698 Kristen Romuar-Cabico From: Sent: To: Subject: Jordan Lemke <jlemke2015@yahoo.com> Friday,August 6,2021 11:19 AM Planning Department Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION;This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender Js known to you unless it is something you were expecting. I OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021. TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums. In sum -OPPOSE any activities on this property including:drilling, grubbing,grading,the administration of poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species. This proposed development will also worsen the critical housing problem as it will create no affordable housing for the local community! Mahalo, Jordan Loudon Kristen Romuar-Cabico From: Sent: To: Subj'ect: Natalia Wyrd <nrobanhode@outlook.com> Friday,August 6,2021 12:07 PM Planning Department Planned subdivision and consolidation project S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Hello, 1 would like to voice that 1 oppose the planned cpnsolidation and subdivision of TMK (4)2-8- 014:032.The building of work housing for this purpose takes up land and makes it unavailable for the local community and contributes to gentrification.This land is also designated as a critical habitat for endangered species,making this project untenable for multiple reasons.Please take these comments into consideration during the hearing on this project on Tuesday,August 10th. Thank you, Natalia Wyrd Kristen Romuar-Cabico From: Sent: To: Cc: Subject: Anne English <anne.w.english@gmail.com> Friday,August 6,2021 11:15 AM Planning Department Anne English Re:Agenda Item l-1c,Subdivision application:S-2021-7 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha, I am a long-time (35 years)resident of Kauai and 1 oppose the Consolidation and planned Subdivision of TMK (4)2- 8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021.It's time to stop all this building and developing every last piece of land left on the beautiful island of Kauai. MK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found nowhere else in the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices.Why would anyone build here?!! This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider and the Endangered Kauai Cave Amphipod.These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32). Please protect our natural places on Kauai.We have enough condos,we have enough hotels,we have enough buildings!It's time to slow down and let the island of Kauai be.Our children deserve undeveloped places to enjoy on Kauai including endangered species to discover. Respectfully, Anne English PO Box 389 Lawai,HI 96765 (808)635-7884 Kenneth Estes From: Sent: To: Subject: Planning Department Tuesday,August 3,2021 4:24 PM Kenneth Estes FW:S-2021-7 Yellow Hale LLC Aug 10 From;Elizabeth Okinaka <elizabeth.eolakakouhawaii@gmail.com> Sent:Tuesday,August 3,2021 4:04 PM To:Planning Department <planningdepartment@kauai.gov> Subject:S-2021-7 Yellow Hale LLC Aug 10 CAUTION:This email originated from outside the County ofKauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha on behalf of E Ola Kakou Hawaii 501 (c)(3)we would like to raise concerns pertaining to agenda S-2021-7 Yellow Hale LLC for the August 10th 2021 agenda. Ifyou go to the following link betw'een pages 56-70 you will find the Yellow Hale subdivision committee agenda item I-lc.No where in the Planning Department Staff Submittal to the committee is there any recognition or mention ofthe important fact that this TMK 2-8-04:032,41 now,containing lots A and B are part ofmultiple Historic Sites.And critical habitat for both the Koloa Cave Spider and Koloa Cave Amphipod. https:/.'vvww.kauai.eovonline.or.e,/WebLink/'DocView.aspx?id=2822301&dbid=0&repo=LF- IiVIAGING&cr-l The Koloa Cave System (which contains many noted burial chambers and lava tubes)is noted as being "One ofthe most critically endangered cave ecosystems in the world"-1976 EIS Kiahuna Golf Village referred to this area as a "tomb". The restricted area where these animals occur is rapidly undergoing development.The shallow cave habitat is degraded or destroyed through surface alterations such as the removal of perennial vegetation,soil fill,grading,paving,and other activities associated with development and agriculture.In fact,the Koloa cave systems are considered to be 1 of the 10 most endangered cave ecosystems worldwide (Culver in litt., 1998).These animals are also increasingly at risk from predation and competition for space,water,and nutrients by introduced,alien animals;biological and chemical pesticide control activities associated with residential and golf course development;and an increased likelihood of extinction from naturally occurring events due to the small number of remaining individuals and populations and their limited distribution. The Koloa Field System An aquifer system utilized by Native Hawaiians.This helped supply food to the villages in Koloa. https://files.hawaii.gov/d!nr/cwrm/sjjbmittal/2015/sb20150428hl.Ddf Critical habitat for endangered species There is no recognition or mention of the fact that this area is the subject of a Federal Court Order that requires an endangered species survey of the parcel prior to any development.Of significant concern is the fact that the County is requiring the developer to conduct rodent irradiation before development without any reference to the known endangered species in the area or any guild lines for any method that could be used for rodent irradiation that would not impair the spiders. 2014 USFWS response statine there is indeed critical habitat on portions ofthe property httDS://luc.hawaii.Bov/wp-content/uploads/2014/01/A76-418-OP-Exhibit-C-D-E.Ddf April 9,2003,the USFWS designated 272 acres in southern Kauai as critical habitat.One year earlier, the agency had proposed that 4,193 acres should be designated as critical habitat,but changed the proposal because it would have been very costly to private landowners in Hawaii. Also equally concerning is the validity of the fact that Cultural Surveys Hawaii never performed a proper survey for this property!Not only was it completely inaccessible at the time of the brief survey that Missy conducted,she stated to me personally that "The lot must be cleared by hand and have a full team survey done because it was such a culturally sensitive area!."Multiple Lineal Descendants and cultural descendants have come forward and SHPD is not doing the proper protocol of identifying them as descendants!Kauai Island burial specialist Kauanoe Hoomanawanui's own mother Moana Kinimaka manages Wainani subdivisions,poipu estates and has deep conflicts of interest because of this.We personallytookSHPD,DLNR and DOCARE and nothing ever became ofthe complaints filed! They can t even give me a reference number for my complaint!We've been asked to provide birth certificates for people born in the 1700-lSOOs!We've proved full lineal descent to Chief Palikua and his family who are buried in that property in. Shortened agenda for the Aug 10 Planning meeting httDS://www.kauai.gov/Portals/0/Planning/meeting agendas/2021-08- 10%20Planning%20Commission%20Agenda.PDF?ver=2021-07-29-115735-323 1976 EIS- nilp-eQ'-.i.cion.iia'Aa^.go'/'eA c'i Copy of complaint filed with SHPD,DLNR,and Kauai Planning Department (may 9 2021 *see attached) Aloha State Historic Preservation Division, RE:TMK 2-814:32,41 Please accept this formal complaint,filed by E Ola Kakou Hawaii on behalf of traditional and cultural practitioners ofthe Kona moku who are requesting the State's immediate investigation and intervention to stop the developer violations of State law as set forth in the attached cease and desist Order. That Order was served on Monday April 26,2021 on the developer and their agents:Meridian Pacific Ltd.,Geolabs Inc.and Earthworks Pacific Inc..A copy was also served on the Kauai police department. The TMK identified above is the site for a purposed development of 300 condominiums.Prior to any work on the property,members ofour organization contacted David Buckley,the Kauai archeologist for the State.We informed Mr.Buckley that this site contains a particularly sacred heiau,3 burial mounds,has a natural spring and is part of the prehistoric Koloa Field System.We were on site when a cultural and archaeologic consultant with Cultural Surveys Hawaii,Missy Kamai,attempted to conduct an onsite inspection for the developer in Feb.2021.Ms.Kamai informed us that she could also see the evidence of a rock formation suggesting the presence of a heiau,a wall consistent with an 'auwai.In 2008 there was a proposed development near the current site that was stopped because of its proximity to the Hapa Trail.Ms.Kamai told us that she could not do an adequate archeological assessment because ofthe dense tall vegetation. This past Sunday and last week a bulldozer was brought on the property to clear even though the vice president of Meridian admitted that they did so without any grubbing or grading permit.As the pictures detail in the following dropbox link,the heiau pohaku and the 'auwai wall were crushed in the process.Because the grasses were never cleared with smaller hand tools,there is no way to know how many artifacts may have been damaged or destroyed.We need your help and we need it now. There has been an obvious desecration of the burial mounds and the developers agent confirmed the high water table causing us serious concern for the safety of the Koloa aquifer.We are also concerned that the developer has encroached on the habitat for the endangered Koloa blind cave spider endemicto Koloa. httj3S:/'/www.droobox.com/sh/i23nrgb01wvql7h/AAC7gcxFpbTazuNWaaP2eFAIa?dl50 Please don't hesitate to contact us if you need any additional information. Mahalo nui loa, Elizabeth Okinaka *Drop box links httDS://www.dropbox.com/sh/i23nrgb01wval7h/AAC7gcxFobTazuNWaqP2eFAIa?dl=0 httDS;/7www.dropbox.com/sh/f8oxqbl3gto48nm/AADOsL)qClHCaaigit4Q^xyoea?d!=0 httDS://www.dropbox.com/sh/5bsd7td2crcOOhe/AAAC-eLub4aLu9httkcv-wEva?dl=0 Kiahuna player llc https://Droiects.Drooublica.org/coronavirus/bailouts/loans/kiahuna-Dlayers-llc- 7614477209?fbclid=lwAROKgQRD81CNlF-jBklCVVbkl88mA3 b571d721n5PL2vgb72391uSfcFSQ New owners hfrtDS://www.theeardenisland.com/2002/Ol/30/news/new-owner-for-kiahuna-golf- club/?fbclid=lwAR2yobqshLKippE8D8klPuClaYONwVIZvXJQJAQfiX14iDLfRLGWNn6UUI wVIZvXJQJAQfiX14iDLfRLGWNn6UUI Previous devlopers https.7/dltvxue8o4w0fl.cloudfront.net/case/kiahuna-kanahiku-llc-v-wind-ridge-jsland- DroDS?fbclid=lwAROknae-C6EEOQKinvfh9SrNMOZGDYbkaMmGFIoRjw3M3MPil9eR7S39klk Spider links https://dlnr.hawaii.gov/wildlife/files/2013/09/Fact-Sheet-Kauai-Cave- arthroDods.pdf?fbclid=lwAR03xpLvMQEE3oWxozfdfrZJz4KD ulhbQx2HsRbZRqWa049Do3vKUiaoM httDS://ecos.fws.gov/ecD/species/7122?fbclid=lwARlmGYplFnoEI kOvk7RziozrmUxiv6rwBrZQiClmcKL TtVurOTKWCvoswU https://www.federalreBister.gov/documents/2003/04/09/03-8180/endangered-and-threatened- wildlife-and-plants-designatjon-of-critical-habitat-for-the-kauai- cave?fbclid=lwAR3ClviuvukeXMHKel4sX3nvE6atvmbEwLOzAYrtKcZ-fNKKakMaCt 1COI httos://www.federalregister.gov/documents/2020/03/ll/2020-04942/endangered-and-threatened- wildlife-and-Dlants-initiation-of-5-year-status-reviews-for-129-soecies- in?fbdid=lwAR31o7YRsSx87KeN5Y16UobDDUdOODWfJcW9n2gYv9ecw9jlZzHs8omRGac Propertv sale site https://www.kauanoekauai.com/Custom/Home httos://www.facebook.com/KauanoeKauai/ https://www.meridianpacific]td.com/kauanoeokoloa petition 35k signed !3tt.E>i-L/Z.''v''''-w;l::l'1<:inse,org/p/stop-kauanoe-o-l<oloa Land use Commision docket A 76-418 hrtps://luc.in3wa;;,sOv/wp-con;ent/UDioja5/2014/)JJ/:A76-^J.3 Moafia-Cofporation 00 7-J.l 1977,oar Bill ofparticulars https://luc.hawaii.gov/wp-content/uploads/2014/03/A7D-418 Moana-Corporatioji_oiil^p_f: Pa rtic yl a rs S_-16-1990.pd f *0rders granting a petition to intervene htt&s://luc.hawaii.gov/WD-content/yploads/2014/Q3/A76-41S Moana-Corporation DO-Grant- Petitions-to-lntervene 5-29-1996.Ddf Motion to amend/delete conditions https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418 Moana-Corporation DO-Grant- Kiahuna-Amend-Cond-9-Knudsen-9a 3-25-2004.Ddf Motion to withdraw https://luchawaii.gpv/wp-content/uploads/2014/03/A76-418 Moana- Corporation Kiahuna Withdraw-Motion-to-Delete-Conditions 7-20-2009.pdf *2012 motion to delete conditions https://luc.hawaii.gov/wp-content/uploads/2014/01/A76-418-Motion-to-Delete-Conditions-5-7: 12,pdf 2014 https://luc,hawaii.gov/wp-content/UDloads/2014/03/A76-418-ORDER-GRANTING-RQST-TO. VVITHDRAW-MOTION.Ddf State filings https://luc,haw3ii.gov/wp<ontent/uploads/2014/01/A76-418-OP-Resp_onie^to_fvlo^on^h4^14: FINAL.pdf Maps https://luc,hawaii.gov/wp-content/uploads/2014/01/A76-418-OP-EXil[BrrA-ai-ia^B-_LVla&^£dj: *USFWS/DOT response hrt£i_//iuc.hawaii,gov/wp-content/up!oaci'5/2014/pl/A76-418-OP-Exhibit-C-0-c_£d.r This lot was is part of the land called "sports shinko"property.Owned by investors from japan.The kiahuna golf development had a major lawsuit involved with them.It sold to 2 different owners within days. http://archives.starbulletin.com/2003/04/16/business/index4.html https://www.bjziournals.com/pacific/stories/2002/12/16/storv5.html httDS://www.casemine.com/iudeement/us/5914b43dadd7b0493476b373 httD://the.honoluluadvertiser.com/article/2003/Apr/15/bz/bz03 a.html 2008 wainani subdivision approved burial cave destroved -investors go bankruot 2010 new investors buy buy httDS://www.google.com/amD/s/www.staradvertiser.com/2010/10/06/business/mainland-firm-buvs- troubled-kauai-lots/amp/ httos://www.thegardenisland.com/2010/12/06/hawaji-news/the-devil-is-in-the-details-behind-some- reaj-estate-auctjons/ 2013 forsale again ht'tDS://www.biziournals.com/Dacific/news/2013/08/26/kauais-kiahuna-golf-course-for-sale.html Aloha Elizabeth 8086357520 Kenneth Estes From: Sent: To: Subject: Shanlee Jimenez Wednesday,August 4,2021 8:08 AM Kenneth Estes FW:Oppose Subdivision of Critical Habitat Lot TMK (4)2-8-014:032 From:Planning Department <planningdepartment@kauai.gov> Sent:Wednesday,August 04,2021 8:04 AM To:Shanlee Jimenez <sjimenez@kauai.gov> Subject:FW:Oppose Subdivision ofCritical Habitat LotTMK (4)2-8-014:032 From:Alex Stoddards <alexkstoddards@gmail.com> Sent:Tuesday,August 3,2021 5:18 PM To:Planning Department <planningdeDartment@kauai.eov> Subject:Oppose Subdivision of Critical Habitat Lot TMK (4)2-8-014:032 CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. AUG 3 2021 planninedspartmentfgl.kauai.eov To the Kauai Planning Commission Re:Subdivsion application:S-2021-7 I OPPOSE the Subdivision ofTMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision ofan environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting. This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops) and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in Koloa -the lava tubes and areas running under and adjacent to this property (TIS4K (4)2- 814:32) The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums It is impossible to imagine the Planning Commission or the County ofKauai taking any steps toward the building of condos or development ofthis important property. **This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines. We are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse actually or in terms ofperception than for the County to approve any motions that would allow for an area designated by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos. This doesn't begin to cover the cultural issues related to Ivvi Kupuna and burials,ofwhich there are many relating to the property. In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration ofpoison and other activities that would lead to the decimation ofthis ecosystem and listed Endangered Species. Sincerely,Alex Stoddards