06-01-2022 Applicant response to KPFA and DHHL Comments

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Mr. Dean Au, Chairperson and Members of the Windward Planning Commission Page 2 of 9 June 1, 2022 Applicant's Response: The Applicant has no objections to developing an exit plan in coordination with the KPFA and DHHL, although developing such an exit plan may take much longer than 4 months since such a plan must also be coordinated with the State of Hawaii. Applicant recommends that efforts to develop an exit plan commence within 4 months after issuance of the Special Permit. Note that the Condition 23 of the Land License also requires a"closure plan", and is recited below: "23. Closure plans for the License Area shall require that the remaining quarry face will be stepped back, with a maximum twenty (20) foo rise at 1/4: 1 slope and a minimum ten (10)foot wide benches between each rise. This bench is provided to break up the vertical drop of the pit wall, provide safe access for quarry activities, and to control rockfall. All sides of the quarry shall be required to be left as a clean stabilized slope face without any protruding or perched rocks that may contribute to a rock fall problem." #2 Condition: This Condition shall be included in the Special Use Permit. Applicant shall confine all activity and access to the licensed area within normal quarry operation hours, Monday thru Friday, 7:00am to 3:30 pm only. No activities shall be permitted during weekend hours. Applicant's Response: The Applicant has no objection to restricting the days and hours when noise generating activity will occur within the licensed area. However, we would like to retain the ability to access the licensed area for non- noise generating activity such as planning, surveying, staking, etc. within the hours specified in Condition 4 of the Planning Director's Recommendation. #3 Condition: This Condition shall be included in the Special Use Permit. Quarrying shall occur on the eastern most portions of the licensed area only. This area is located the farthest away from the HHCA Pana`ewa residents. Applicant's Response: The Applicant respectfully objects to restricting quarrying operations within"the eastern most portions of the licensed area". The Applicant is currently paying license fees to the State of Hawaii for the entire 37.882-acre project site that reside immediately to the east of the Applicant's existing 14.99- acre quarry. The Applicant's existing quarry is about 80 feet deep. The proposed quarry will also be excavated to a final depth of around 80 feet. Quarrying only the eastern portion of the project site, to whatever extent this actually means, will leave an