2021-05-06 Windward Exh B Island Naturals Properties SMA 21-079

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FUKE: So, can I start now then? AGUINALDO: Yes, yes you may. FUKE: I'd like to, sorry. AGUINALDO: You may proceed. FUKE: Okay, I think that your staff Ms. Jackson's point is really like on point regarding the SMA question that the site is already zoned so my understanding is the review process and the decision making process is directly related to the SMA guidelines and so as a result conditions have be tailored specifically to address the SMA guidelines. Ironically, I was involved in Pi`ilani Partners and I was involved in the Bank of Hawaii rezoning so I don't know why I get all of this before the Planning Commission maybe it's just fate or whatever. But, nonetheless, I think as it relates to Pi`ilani Partners specifically addressing Commissioner Clarkson's questions. I think the issue over there had more to do with the cultural resources and cultural resources is one element that is very germane for the SMA criteria as well. I don't think that cultural resources question is present over here. You raised a very good question relative to the ground water in that area and how the excess water that's going to be generated by the project is going to be contained on the site. As the staff had indicated obviously it's going to be through a system of drywells. Now when you go through the drywell process you have to secure the underground injection control permit which is issued by the State Department of Health and that permitting process specifically looks at whether your system is going to compromise the groundwater and/or other underground situation there so there is that kind of administrative review process without having to go through this SMA process already in place. The other thing I kind of wanted to mention you know which you know it's pointed out in the staff's written report but the staff didn't kind of point out was that this property is probably all of you old-timers or if you know was the former canec processing plant. I'm sure Mr. Replogle being in the sugar industry understands that question very well I mean you know the function of that and the canec was essentially like they used the bagasse, and the bagasse was then converted into canec which was like a form for ceiling or like a dry wall situation. But in the process of making that bagasse what they had to do was, they had to treat it with inorganic arsenic so that it could kill all of the termites and so that's what happened. So, when the canec plant terminated about nineteen sixty-three (1963) sixty-five (65)thereabouts then what you had was you had a lot of residuals, the property had a lot of residual arsenic contamination. So, for the longest time in spite of the property being zoned for resort uses you had a lot of people looking at the site and said excellent location for commercial activity but there were no takers and largely because of the question of how do you deal with arsenic contamination. Luckily, I mean like fortunate luckily, I think for the community you had the applicant like Mr. Ruderman said that I'll take it on, and he spent like over the last 2 or 3 years nearly a million dollars to prepare the appropriate plans and have the total site remediated and so now Department of Health finally certified back in September of twenty-twenty (2020)to say yes you can proceed with the project. One of the conditions that the State had impose was that you can 11 EXHIBIT B