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Claudia J. Rohr 369 Nene St. Hilo HI 96720 808-934-8040 ~~~~tri~ D ~ cell: 938-5446 „fie ~ j .3 lv ~ ey Fax: 935-0940 C7ota _z[v?^/~..~.._...... e ~omncit max.-_. .wcr<` February 1, 2005 Dear County Council Members, 2 Re: Amendment to remove Item B-2 from Proposed Draft 5 Land use Allocation Map / t ~ < < ~P Thank you for taking the time to meet with me in private or chat on the phone to review the facts concerning Item B-2, referenced above. I have two degrees in Landscape Architecture (University of Oregon), which included graduate level planning courses, and maps aze my area of expertise. At the January 4, 2005 Planning Committee Hearing Corporation Council, Bobby Jean Leithead-Todd clarified that any item on the LUPAG Map can be changed back to its original land use element. At the January 21, 2005 hearing Chris Yuen stated that there was no industrial activity in the area of B-2 so he didn't see a problem leaving B-2 on the LUPAG map and amending the map later. The Planning Director was incorrect in his evaluation. HCPC's coal ash solid waste facility is a state DOH permitted industrial activity located in B-2, in the agricultural district. I have attached maps of the following for your review so may confirm with this yourself :Exhibit "A"- aerial photo with TMK overlay; Exhibit "B"-LUPAG Map with TMK overlay; and Exhibit "C"-Zoning Map with TMK overlay. Note first on the aerial map that the roadway bows out at the location of the coal ash pile, making it an identifiable element on each map. As you remember I explained that I have spent four years trying to get the DOH Solid and Hazazdous Waste Branch ("SHWB") and the Planning Department to enforce the conditions of their permits requiring that the coal ash be recycled because the stockpile sits on top of two intermittent stream channels. The two intermittent streams have been altered to avoid the coal ash stockpile as part of the facility improvements without State or Federal permits. None the less there is a problem of storm water run-on and run-off which causes perennial clean water violations. I have been notified that the Army Corp of Engineers and DLNR Water Resource Management will be coming to East Hawaii this month to investigation and confirm the issues of the illegally altered streams. I have attached an aerial photograph dating from 1972 (Exhibit "D") and marked the location of the coal ash pile on a Water Shed Map to illustrate this point (Exhibit "E"). The Hilo Coast Power Company has been trying to get DOH and Planning Department approval to mix the coal ash stockpile with stockpiled bagasse soil and spread it out forty feet thick up stream from the current pile on fifteen acres in an attempt to avoid the LUC approval process. HCPC plans to grow ornamental plants on top, and call it recycling in Comm. No: Z •8 l Ref. To: FP nf. vote FFR 2 200