06-27-2022 Applicant Statement for Consideration

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Mr. Dennis Lin, Chairperson and Members of the Windward Planning Commission Page 2 of 9 June 27, 2022 Notice of the filing of the Special Permit application with the County was served upon landowners within 1,000 feet of the project site on March 21, 2022. Notice of the scheduled and deferred June 2, 2022 Windward Planning Commission meeting on this matter was similarly served on May 16, 2022. A notice of the July 7, 2022 Windward Planning Commission meeting on this matter was served on June 21, 2022 as required by your rules of practices and procedures. These discussions between the Applicant, KPFA and DHHL have found common areas of concerns regarding the potential significant adverse impacts of the proposed quarry project upon the nearby Hawaiian Home Commission Act beneficiaries and have highlighted the need to ensure that proper mitigating actions are implemented to mitigate these impacts upon KPFA members and their community. These concerns and recommended conditions from KPFA and DHHL are listed below in bold along with the Applicant's response and revisions to the Planning Director's proposed conditions of approval included within the attached Exhibit A. 1. The Applicant shall develop an Exit (closure) Plan in consultation with KPFA and the DHHL. The Exit Plan shall include mitigation efforts to leave `aina in non-hazardous condition to ensure that the state property is not degraded. The Exit Plan shall include consideration for Hawaiian Home Commission Act (HHCA) beneficiaries,who reside or will reside in the KPFA community on HHCA lands in Pana`ewa. The site must not negatively impact HHCA lands or current/future beneficiaries. The Exit Plan shall include mitigation efforts to leave `aina in nonhazardous condition. 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, as offered by a new Condition No. 18. 18. Within four months from the effective date of this permit, the Applicant shall commence development of a permit site closure plan meeting with the approval of the State Department of Land and Natural Resources, in consultation with Keaukaha Pana`ewa Farmers Association (KPFA) and the Department of Hawaiian Home Lands (DHHL). The closure plan shall include mitigation efforts to leave the permit site in a non-hazardous condition. The closure plan shall include consideration for Hawaiian Home Commission Act (HHCA) beneficiaries, who reside or will reside in the KPFA community on HHCA lands in Pana`ewa. The method of permit site closure must not negatively impact HHCA lands or current/future beneficiaries.