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2008-01-11 TPDKOHALA LLC
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2008-01-11 TPDKOHALA LLC
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The problem with that area, that particular area, is that development above it has impacted the <br />ocean in a very negative way. And if you decide to let this development go with that amount of <br />homes, the density would definitely destroy that particular area and further. I’ve heard that there <br />has been mentioning, someone mentioned taking, taking pertaining to this private individual or <br />developer. Well, let me read something to you; and this is based on the public trust doctrine in <br />my, you know, my own opinion. When the public loses its source of food, cultural identify, <br />spiritual renewal and recreation, this is a taking. It is a taking when the public rights by way of <br />actual use, custom, or prescription are compromised by development. And this development will <br />compromise the public. And I think it’s overdue that the Commission start looking at it from a <br />different point of view instead of just the private single entity and look at how it affects long- <br />term, short-term, the public. Mr. Yuen’s request to downzone it is correct. To put that amount <br />of homes there is not. And I ask the Commission to support Mr. Yuen in his initiative. Mahalo. <br />WATANABE: Thank you, Mr. Isaacs. Do we have any questions for Mr. Isaacs, Fellow <br />Commissioners? Seeing none, thank you. Gail? <br />BYRNE: Yeah, thanks. I know it has been a long day. I appreciate everyone’s <br />time. The testimony I’m submitting and that we submitted in August and December meetings is <br />on behalf of six Kohala organizations that present about 400 families. And as stated previously <br />we urge the Planning Commission to support the Planning Director’s initiatives. We’re also <br />asking for more, similar to what Mike just alluded to. We’re asking for a minimum of a rezoning <br />to Ag-20a, which is completely aligned with that stack of papers you saw there, State Plans, Joint <br />Resolutions by the State Legislature, past Community Development Plans. It’s absolutely <br />aligned with the work that’s coming out of the current Community Development Plan. And most <br />significantly this applicant does not meet the conditions for time extension. You know, the <br />circumstances and the context under which this initial application was granted have changed; and <br />the testimony outlines just a couple of examples. <br />You know, there is very compelling documentation that the development construction activities <br />up slope of this area is already significantly degraded the water quality, it has killed off all the <br />coral right in front of this site. And there’s a couple of, three photos, I think, attached with the <br />testimony that has been submitted today. All the invertebrates in that area have been killed. The <br />sediment was measured to be at least 15 inches or more just 15 feet off shore, up to 60 feet off <br />shore. There’s a significant impact there. You have to take that into consideration. <br />Additional development of any kind will contribute to this problem. There’s not a BMP on the <br />planet that’s going to stop this development from contributing to that problem. That’s just a fact. <br />I’m a civil engineer, worked for 8 years on watershed issues. I guarantee you there’s going to be <br />more contribution from that project to that reef. <br />In the scale of damage to this area that we’re talking about makai, directly makai of this project, <br />its magnitude is greater than what precipitated the EPA investigation and fines against Hokulia. <br />It’s significant, the damage that’s already there. <br />You know, there’s even a greater body of evidence and support that the proposed project is not at <br />all aligned with what the community has consistently expressed with regard to preserving the <br />EXHIBIT C <br />6 <br /> <br />
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