AFFIDAVIT OF MAILING

Applicant: PR Mauna Kea LLCRequest: Amendment to Condition No. 7 ( life of the permit) of

Land Use Commission Docket No. SP90- 374 /County of Hawai' i Planning Commission Special Permit No. 724 (" SP 724")

Waikoloa, District of South Kohala, Hawai' iTax Map Key No.: ( 3) 6- 7- 001: 034 [ formerly (3) 6- 7- 001: portion 25]

STATE OF HAWAI'I

SS.COUNTY OF HAWAI' I

KATHERINE A. GARSON, being first duly sworn on oath, deposes and says that:

1. I am a partner in the law firm of Carlsmith Ball LLP, representing PR MaunaKea LLC ("Applicant"), who is requesting an Amendment to Condition No. 7 of SP 724 toextend the life of the permit for the quarrying and other related uses and activities to continueco- terminous with the Lease between the Applicant and WHC, Ltd., for property situate atWaikoloa, District of South Kohala, County and Island of Hawai'i, State of Hawai' i, and moreparticularly designated as TMK No.: ( 3) 6- 7- 001: 034 ( the " Property").

2. Your Affiant compiled a list of names and addresses of property owners withinthe 500- foot perimeter boundary of the Property, a copy of said list being attached hereto asExhibit A.

3. According to the real property tax records, the Applicant is the only propertyowner within the 500- foot perimeter boundary of the Property.

4. On May 16, 2018, your Affiant mailed to the said property owner the Notice ofHearing, a copy of said notice being attached hereto as Exhibit B.

DATED: Hilo, Hawaii, May 31, 2018.

FURTHER YOUR AFFIANT SAYETH NAUGHT.

KATHERINE A. GARSON

4831- 3529- 2519. 1

STATE OF HAWAI'I

ss.

COUNTY OF HAWAII

Subscribed and sworn (or affirmed) before o Puarvi s.....

840,&,,,,,' me this 31st day of May 2018. o . •• ""•

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NOTARY CERTIFICATION STATEMENT

Document Identification or Description: Affidavit of Mailing

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Document Date: May 31, 2018\

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4831- 3529-2519. 1 2 -

PR MAUNA KEA LLC

Surrounding Property Owner Within 500'of

TMK: (3) 6- 7- 001: 034

TMK Owner Name and Address

6- 7- 001: 025 PR Mauna Kea LLC

66- 1304 Mamalahoa HighwayKamuela, HI 96743

EXHIBIT A

CARLSMITH BALL LLPA LlNlriiD LIABILIrY LAW PARINERSIIIP

121 WAIANUENUE AVENUE

P. O. Box 686

1- 11. 0, HAWAII 96721- 0686

TELISI' I IONE 808.935.6644 FAx 808. 935. 7975

WWW.CARLSLMIITH. CONI

KGARSONeCAKISMITI LCOM

May 16, 2018

Notice of Hearing

Applicant: PR Mauna Kea, LLC

Location: Approximately 3. 7 miles northeast of the Mamalahoa Highway / Waikii Road

intersection, at Waikoloa, District of South Kohala, Island, County and State ofHawaii

Request: An amendment to Special Permit No. 724, which was originally approved toallow for the operation of a quarry and related uses on approximately 143. 48 acresof the land situated within the State Land Use Agricultural District. The applicantis requesting an amendment to Condition No. 7 ( Life of the Permit) to allow atime extension to run coterminous with the current lease between the applicantand WHC, Ltd., dba West Hawaii Concrete, which expires on September 3,2037.

Tax Map Key: ( 3) 6- 7- 001: portion of 034 ( formerly 6- 7- 001: portion of 025).

Dear Surrounding Property Owners:

On April 1 1, 2018, Applicant PR Mauna Kea, LLC, filed with the Planning Departmentof the County of Hawaii, a request for an amendment to Special Permit No. 724 ( Docket No.SPP 89- 000024) seeking approval for an amendment to Condition No. 7 ( Life of the Permit) toallow a time extension to run coterminous with the current lease between the applicant andWHC, Ltd., dba West Hawai' i Concrete, which expires on September 3, 2017, affectingapproximately 143. 48 acres of the land situated within the State Land Use Agricultural District.

In accordance Section 25- 2- 4 of the Hawaii County Zoning Code, we are notifyingowners with interests in properties located within 500 feet of the perimeter boundary of theProperty of the Leeward Planning Commission' s hearing in this matter, to be held on Thursday,June 21, 2018 at 9: 30 a.m. at the West Hawaii Civic Center, Community Center, BuildingG, located at 74-5044 Ane KeohokaloIe Highway, Kailua-Kona, Hawaii. Copies of theLeeward Planning Commission's agenda for the aforementioned hearing, location map, and siteplan are attached for your reference.

HONOLUI U HILO KON. MAUI LOS ANGELES

EXHIBIT B

May 16, 2018Page 2

In accordance with Rule 4 of the Planning Commission Rules of Practice and Procedure,you have the right to submit a written request for a contested case procedure in this matter.Should you seek to intervene as a party, a written request on the attached form, " Petition for

Standing in Contested Case Hearing" should be filed with the Planning Commission, 101 PauahiStreet, Suite 3, Hilo, Hawaii 96720, accompanied by a filing fee of $200.00 payable to theDirector of Finance, no later than seven ( 7) calendar days prior to the Leeward PlanningCommission' s first scheduled public hearing to consider the application. In the event that you

choose not to submit a written request for a contested case procedure, you may express yoursupport/ opposition in writing or by oral testimony at the Leeward Planning Commission publichearing.

Maps showing the general location and boundary of the area under consideration are onfile in the offices of the Planning Department in the Aupuni Center, 101 Pauahi Street, Suite 3,Hilo, Hawaii 96720 ( telephone no. 808. 961. 8288) or at the Planning Department' s West HawaiiOffice, 74- 5044 Ane Keohokalole Highway, Building E, 2nd Floor, Kailua- Kona, Hawaii 96740telephone no. 808. 323. 4770), and are open to inspection during office hours.

Should you have any additional questions concerning this matter, please do not hesitate tocall me at 808. 935- 6644. Thank you for your kind attention to this matter.

Very truly yours,

Katherine A. Garson

KAG: KYL

Enclosures: Leeward Planning Commission Agenda; Location Map; Site Plan; Petition for Standing inContested Case Hearing Appendix A

4814- 8397-4758. v. I

Ha Kim 0-t-1_ ---m Keith F. Unger, Chair

Mayor 7 1 ,.,, • Oliver" Sonny" Shimaoka, Vice ChairNancy Carr SmithScott Church

r1 rF OF• NT"rPerryKealohaBarbara Nob riga

County of HawaiiLEEWARD PLANNING COMMISSION

Aupuni Center a 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720Phone( 808) 961- 8288 a Fax( 808) 961- 8742

AGENDA

NOTICE IS HEREBY GIVEN of the following matters to be considered by the LeewardPlanning Commission of the County of Hawai` i in accordance with the provisions of Chapters 91and 92, Hawai` i Revised Statutes, Section 6- 7. 5( a) of the Charter of the County of Hawai` i, andthe Commission' s Rules of Practice and Procedure.

DATE: Thursday, June 21, 2018

TIME: 9: 30 a. m.

PLACE: West Hawai` i Civic Center, Community Center, Building C,74- 5044 Ane IKeohokziole Highway, Kailua-Kona, Hawaii

STATEMENTS FROM THE PUBLIC— Note that statements from the public regardingany particular item on this agenda will be taken at the time the particular item is called toorder.

NEW BUSINESS —9: 30 a. m.

1. APPLICANT: WEST HAWAII BUSINESS PARK, LLC (AMEND REZ 1049)Application to amend Condition K (Roadway Improvements) of Ordinance No. 04- 110,which reclassified approximately 196. 634 acres of land from an Open ( 0) to anIndustrial- Commercial Mixed- 20, 000 square feet( MCX-20) zoning district andreclassified approximately 85. 733 acres of land from an Open ( 0) to a General Industrial-1- acre ( MG- la) zoning district. The property is located along the east( mauka) side ofQueen Ka`ahumanu Highway( State Highway 19), Honokohau 1s1 and 2nd, North Kona,Hawaii, TMKs (3) 7- 4- 008: 013, 030, 074, 076- 78 inclusive, 084 and 085.

2. APPLICANT: SUNSTONE KONA, LLC (AMEND SMA 05- 005)Application for a 10- year time extension to comply with Condition No. 9 ( Completion ofFirst Phase of Block D) of SMA Permit No. 05- 005, which was issued in 2007 to allowthe development of approximately 289 multiple- family residential units, commercialimprovements and related parking and landscaping improvements on about 46. 3 acres ofland, and road improvements on about 1. 089 acres of land. The subject property islocated east of AIi` i Drive and west of Kuakini Highway, about 1, 100 feet south of theAli`i Drive— Lunapule Road intersection, Kahului 1st and 2nd, North Kona, Hawai` i,TMKs: (3) 7- 5- 019:049, 050, 054 and por. 7- 5- 020: 001.

t

3. APPLICANT: PR MAUNA KEA, LLC (AMEND SPP 724/ LUC SP 90-374)

Request for amendment to Special Permit No. 724, which was originally approved toallow for the operation of a quarry and related uses on approximately 143. 48 acres ofland situated within the State Land Use Agricultural District. The applicant is requestingan amendment to Condition No. 7( Life of the Permit) to allow a time extension to runcoterminous with the current lease between the applicant and WHC, Ltd., dba West

Hawai` i Concrete, which expires on September 3, 2037. The affected property is locatedapproximately 3. 7 miles north east of the Mamalahoa Highway/Waiki` i Roadintersection, Waikoloa, South Kohala, Hawaii, TMK: 6- 7- 001: portion of 034( formerly6- 7- 001: portion of 025).

MINUTES

Approval of the Minutes of the February 15, 2018 Leeward Planning Commission meeting.

ADMINISTRATIVE MATTERS

Discussion of recent Special Management Area( SMA) determinations and minor permits issuedby the Planning Director.

ANNOUNCEMENTS

ADJOURNMENT

The purpose of the public hearing is to afford all interested persons a reasonable opportunityto be heard on the above matter.

Pursuant to Rule 4, Contested Case Procedure, of the County of Hawaii PlanningCommission Rules of Practice and Procedure, any person seeking to intervene as a party to acontested case hearing on Agenda Item No. 2 and 3 above is required to file a written requestwhich must be received in the office of the Planning Department no later than seven( 7) calendardays prior to the Planning Commission' s first public meeting on the matter. Such written requestshall be in conformity with Rule 4, in a form as provided by the Planning Department entitledPetition for Standing in a Contested Case Hearing." The written petition/ request shall be filed

with the Planning Commission at Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawai` i96720, and accompanied by a filing fee of$200 payable to the Director of Finance. Any partymay retain counsel if that person so desires. Rule 4 may be inspected or purchased ($ 2. 50) at the

above- cited location. Rule 4 may also be viewed at the County ofHawaii Planning Departmentwebsite under Resources and References( http:// www.hiplanningdept.com)

Submitting Testimony: According to Rule 1 ( General Rules) of the Planning Commission, aperson desiring to submit oral or written testimony shall indicate her/his name; address; andwhether the testimony is on her/his behalf or as a representative of an organization or individual.If testimony is being submitted on behalf of an organization, documentation showingmembership ratification should accompany the testimony. Written testimony shall be submittedwith an original and fifteen copies prior to testifying. The Commission would appreciate timelysubmittal to the Planning Department at least one week prior to the hearing date to allow for

mailing and thorough Commission review. Testimony that is irrelevant or unduly repetitiousmay be limited by the Chairperson pursuant to Rule 1.

Notice to Lobbyists: If you are a lobbyist, you must register with the Hawai` i County Clerkwithin five days of becoming a lobbyist { Article 15, Section 2- 91. 3( b), Hawai` i County Code}.A lobbyist means " any individual engaged for pay or other consideration who spends more thanfive hours in any month or$ 275 in any six- month period for the purpose of attempting toinfluence legislative or administrative action by communicating or urging others to communicatewith public officials." { Article 15, Section 2- 91. 3( a)( 6), Hawaii County Code} Registration

forms and expenditure report documents are available at the Office of the County Clerk,25 Aupuni Street, Room 1402, Hilo, Hawaii 96720.

Copies of the applications are on file and open to inspection during office hours at thePlanning Department, Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawai` i and at the Konaoffice of the Planning Department, West Hawai` i Civic Center, 74- 5044 Ane KeohokaloleHighway, Building E, 2" d Floor, Kailua-Kona, Hawaii.

Anyone who requires an auxiliary aid or service, other reasonable modification, or languageinterpretation to access this meeting, please contact the Planning Department at 961- 8288 assoon as possible, but no later than five working days prior to the meeting date, to arrange foraccommodations. " Other reasonable modification" refers to communication methods or devicesfor people with disabilities who are mentally and/ or physically challenged.

Flatitcti' i County is an Equal Opportunity Provider and Employer

LEEWARD PLANNING COMMISSION

Keith F. Unger, Chair

Haw.vai` i Tribune Herald: Friday, May 11, 2018)West Hawai` i Today: Friday, May 11, 2018)

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PETITION FOR STANDING IN A CONTESTED CASE HEARINGPage 1 of 2)

NAME:

ADDRESS:

PHONE NO.:

APPLICANT/

DOCKET NO.:

A Is your interest in this matter clearly distinguishable from that of the general public?

Yes No

If the answer is" yes", please explain.

If the answer is " no", please explain how the proposed action will nevertheless cause youactual or threatened injury:

B Are you a government agency whose jurisdiction includes the land involved in thesubject request"

Yes No

If the answer is " yes", please explain the nature of the agency' s jurisdiction.

C. Do you lawfully reside on or have some property interest in the land involved in thesubject request?

Yes No

If the answer is" yes", please explain.

Appendix A

PETITION FOR STANDING IN A CONTESTED CASE HEARINGPage 2 of 2)

D. Are you a person or persons descended from native Hawaiians who inhabited theHawaiian Islands prior to 1778, who practiced those rights which were customarily andtraditionally exercised for subsistence, cultural, or religious purposes?

Yes No

If the answer is" yes", please submit any genealogical evidence and historical evidenceshowing the exercise of those rights to support your statement:

Petitioner's Signature

STATE OF HAWAII

SS.

COUNTY OF HAWAII )

On this day of 20_, before me personally appeared

to me known to be the person described in and who executed

the foregoing instrument, and acknowledged that he executed the same as his free act and deed.

Notary Public, State ofHawaii

My commission expires:

Appendix A