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– sort of its partner in algal enrichment – was up by 350 percent. So you know, very substantial <br />increases. And they also note all nutrient parameters were out of compliance again with the <br />National Park standards, and those are the other nutrients that are measured. So it’s a fairly clear <br />signal that the anchialine pond in this relatively short period of time is changing dramatically; <br />and in some cases it’s hard to exactly say where the change is coming from, but it’s certainly <br />coincident with the build-out of the development. <br />RHO: But I wanted to concentrate on your statement, “way out of compliance”. <br />So there is some table some place that determines what “way out of compliance” is? <br />WALSH: The National Park Service. Department of Health usually sets the water <br />quality standards, right? For anchialine ponds, they do not, because they do not view that as <br />their jurisdiction for some reason. <br />RHO: I think you said the federal government or Feds. <br />WALSH: The National Park Service has a set of anchialine pond water quality <br />standards. And so you apply the water quality monitoring results to those standards, and you end <br />up with -, you know, 300 percent which is way out of compliance for that. <br />RHO: Right. And I think in response to one of the questions, you said there was <br />nobody actually in charge of monitoring that compliance or enforcing compliance. <br />WALSH: That’s correct. Neither the State nor the County really is looking over for <br />the health or the maintenance, the water quality, the biological integrity, of anchialine ponds. <br />It’s not even clear who has jurisdiction over those waters; are they state waters or are they county <br />waters? It’s up in the air; nobody knows. <br />RHO: How about the near shore waters? <br />WALSH: Near shore waters, it’s very clear. That’s when DOH – Department of <br />Health – has their water quality standards that are in effect for near shore waters. So when we <br />talk about the results of the UH study, and they say similar kinds of changes in the deleterious <br />sense, those are based against the Department of Health standards in that case – near shore <br />waters. Oceanic waters, near shore waters: Department of Health monitors those. Ground water: <br />Again no monitoring and no standards by Department of Health. And as I said, anchialine pond <br />waters: No standards by DOH. <br />RHO: Thank you. <br />GRAHAM: Thank you. Commissioner Iwashita? <br />IWASHITA: There are these words at the end of the executive summary talking about – <br />I want to say it correctly; anchialine? <br />WALSH: Anchialine, anchialine. <br />EXHIBIT C <br />13 <br /> <br />