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Mr. Dean Au, Chairperson <br /> and Members of the Windward Planning Commission <br /> Page 2 of 5 <br /> June 1, 2022 <br /> 5. Prior to commencement of quarrying activities, the Applicant shall notify the <br /> Department of Environmental Management of the starting date of quarrying <br /> operations. [Upon eammeneemeat of .,,, I . ,— .bons within, the pe mit area, <br /> t}The Applicant shall only use highway legal vehicles to haul material from the <br /> quarry site to the Applicant's processing site upon the acceptance of the dedication of <br /> Ho`olaulima Road by the County of Hawaii or as may be directed by the Department <br /> of Environmental Management. <br /> (deleted material is bracketed and struck-out, added material is underscored) <br /> Reasons to Support Applicant's Proposed Amendment to Condition 5 <br /> Managing use of Ho`olaulima Road by County of Hawaii <br /> One of the reasons for the requested amendment is to keep decision-making <br /> regarding the use of the County-owned and maintained Ho`olaulima Road with the <br /> County Department of Environmental Management, which specifically made the <br /> statement restricting the use of highway-legal vehicles for rock hauling between the <br /> project site and the Applicant's processing facilities. <br /> The State Land License issued to the Applicant allows for quarrying activities <br /> within the project site for the next 20 years. Should this Special Permit be approved, it's <br /> permit life will likely be co-terminus with the term of the State Land License. A 20-year <br /> life is a long time and conditions and circumstances regarding the use of Ho`olaulima <br /> Road could change. Quarry equipment technology and/or traffic conditions along <br /> Ho`olaulima Road may change at any given time that could warrant a reassessment of <br /> any restriction regarding the type of rock hauling vehicles utilized. <br /> The County of Hawaii and its Department of Environmental Management <br /> ultimately controls the use of Ho`olaulima Road. The requested amendment to <br /> Condition 5 will still obligate the Applicant to abide by any restrictions regarding the use <br /> of rock-hauling vehicles, but at the discretion and authority of the County. <br /> Condition 5, as currently worded by the Planning Director, would prohibit the <br /> County from exercising any discretion regarding the type of rock hauling vehicles that <br /> can be used along Ho`olaulima Road. We do not think that it was the intent of <br /> Condition 5 to place control over the permitted types of rock hauling vehicles with the <br /> State Land Use Commission. Should situation or circumstances change where non- <br /> highway-legal rock hauling vehicles could be permitted by the County, the Applicant <br /> would be forced to first amend this Special Permit and follow the same lengthy process <br /> before the Windward Planning Commission and the State Land Use Commission. We <br />