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mechanism to enforce the compliance or the regulation, then we are going to be back at the same <br />place. So actually in the end – I mean I’m not even sure how I’m going to vote, if we even have, <br />well, we are going to have a vote on that motion but – I guess I’m inclined to approve and see <br />how far we get. I mean this idea about contaminating the ground water, the near shore water and <br />those ponds have been going on for years; and I’m actually surprised that there are no testifiers <br />besides those that testified today; I’m actually surprised. I guess because this is an old <br />application people don’t really understand, or at least environmentalists don’t or didn’t take note <br />of it. But if we don’t have enforcement – I mean I would have to give the resort the benefit of <br />the doubt that they know that that’s a resource that’s going to impact their livelihood as well. <br />Thank you. <br />GRAHAM: Commissioner Iwashita? <br />IWASHITA: I previously referred to 205A, and I just wanted to make clear on the <br />record 205A-26(2) sets for the guideline – one of the guidelines – that we are required to follow <br />in any request for approving, in this case the extension of time to do this development, and says – <br />what needs to be shown is – “That the development will not have any substantial adverse <br />environmental or ecological effect, except as such adverse effect is minimized to the extent <br />practicable and clearly outweighed by public health, safety, or compelling public interests.” So <br />if we take the report and assessment for the University of Hawaii Hilo scientists and give that <br />credence, as I’m inclined to do, then what we have is showing that there has been substantial <br />adverse environmental or ecological effect of the development as it stands, not any further <br />development, just as it stands. And so then we need to consider whether or not that adverse <br />effect can be minimized in some way – that’s why I raised my concern about the conditions that <br />can be placed on this extension – and then whether those conditions, or the minimization by <br />those conditions, outweigh public health, safety, or other compelling state interests. So that is <br />the basis upon which I’m evaluating this and which, I believe, Chapter 205A requires me to <br />review and apply that analysis in whether we grant or deny this extension. <br />GRAHAM: Thank you, Commissioner Iwashita. I might just say personally, you <br />know, I feel like what I most represent is the people of State of Hawaii, and coastal water quality <br />and anchialine pond quality is a precious resource for all of us, so I take that as my highest <br />calling. I think I try to do what is right in that regard. Thank you. Jeff? <br />DARROW: Thank you, Mr. Chairman. The motion before us is to approve with an <br />amendment to Condition 26 that was listed within the memorandum from the Planning Director <br />to the Planning Commission. Commissioner Watanabe? <br />WATANABE: Aye. <br />DARROW: Commissioner Galdones? <br />GALDONES: Aye. <br />DARROW: Commissioner Alameda? <br />ALAMEDA: Aye. <br />EXHIBIT C <br />20 <br /> <br />