2020-12-17 Leeward Exh D (Discussion re permit extension)

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CARR SMITH: Now we've got your desktop. DARROW: Give me one sec. I don't know what just happened. CARR SMITH: No problem. DARROW: Earlier Rachelle had the blue screen of death, now I have the black screen of death. Okay, let's see. Can you see that now? CARR SMITH: Yes. DARROW: Okay. Let's hope this stops. Stop, stop, stop. Okay, I can go back. Alright, so, what we're, what we're suggesting is to include the criteria that we used in the administrative time conditions into our rules. That's the examples. These are either criteria or findings. So then again, we could, you know, say you need to re-evaluate the entire project again, but this kind of summarizes everything into these two statements. And then we can incorporate language that helps us to re-evaluate based on Section 106 and the HAR language so we can try to incorporate language into the amendment that addresses those scopes that were identified in that. Size, scope, intensity, use, location, and or timing. Additionally, we were thinking that we should add in the ability for the commission, which would most likely be the Department on behalf of the commission, when these come in and we see a change to the intensity of the project that we request a possibly a traffic, a traffic study, or a, maybe an archaeological inventory survey if recommended by SHPD, or any other type of report that may be needed to provide clarity as to the changes in the project. And then lastly, I think one thing that is really important is to really be clear that the applicant provides a specific update of everything that has happened from the original time of approval till that date, whether there has been any activity, and if there has, what has that been. If there hasn't, then they basically say nothing's happened on the property for, during that period of time. And then again, any other considerations by the commission that we can consider in the amendment. CARR SMITH: Excellent. Thanks, Jeff. Go ahead Mike. VITOUSEK: Sure. Some, some language that I was kind of working on is, if an applicant requests a change in the proposed development, including but not limited to, an extension of time periods or other conditions required by the permit's approval, the commission or the Director shall consider the extent to which the proposed action has changed in size, scope, intensity, use, location, or timing, among other things, and or whether there have been changes in the environment and or community where the project is located such that the impact of the project would be substantially different from the potential impacts at the time the permit was initially approved. DARROW: Very good. 4 EXHIBIT D