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BAIL:Before we proceed, Id like to join in that objection for the record. <br />GRAHAM:All right, thank you, Ms. Bail. Mr. Flaherty, before you speak, <br />would you raise your right hand, and do you swear or affirm to tell the truth before the Hawaii <br />County Planning Commission today on this matter? <br />FLAHERTY:Absolutely. <br />GRAHAM:Thank you. You can go ahead and give your testimony, but start <br />with your full name and your address, please. <br />FLAHERTY:Yes, sir. My name is Charles Flaherty. My address is P. O. Box <br />922, Captain Cook, Hawaii 96704. Im here today to testify on this matter because of my past <br />experience in concern about near shore water quality in West Hawaii. I handed out the study that <br />hasbeenreferredtoearliertoyouall.Imgladtohearthatcertainmembershavereaditand <br />understand what serious matter this is. <br />Its my opinion that this applicant is in violation of their SMA permit currently. It, the study is <br />very clear that there has been a substantial environmental impact to the near shore environment <br />by development at Waikoloa. And while I understand that Dr. Brock has the opinion that the <br />additional golf course would actually be a favorable mitigation measure, Id like to point out <br />that, as was described, the treated sewage is being placed upon golf courses and in a deep <br />injection well, and thats how this degradation has occurred. I would also like to point out that <br />Dr. Brock mentioned at Hokulia that it had no environmental impact, whereas the court- <br />appointed water monitor that answered to the court found that indeed the golf course at Hokulia <br />was directly contributing to elevated nitrite levels off-shore from that development. That <br />monitoring program was ceased after the project was shut down because it became a moot point. <br />However, we are going to be continuing with that, and in addition to that are establishing a <br />baseline study from Hookena to Keauhou in order to establish a baseline for near shore marine <br />water quality and the benthos community off-shore for the area. And we would like to work <br />with the County and other agencies and the community in extending that baseline study to <br />include the entire coastline eventually and establish a County water monitoring program, because <br />the Supreme Court in this past July found that the County has an affirmative duty to protect the <br />near shore marine environment in addition to the State having the same duty. <br />I would also like to point out that the Department of Health, as far as enforcement -. Recently all <br />of you saw the headline in West Hawaii Today where there was massive runoff sediment into the <br />ocean off of Kohala, and the Department of Healths response was it was nobodys fault. Yet, <br />there is the sediment 15 feet deep on top of a coral reef, destroying it. <br />Id like to point out to you all specifically a few statements that are contained within the study. <br />Nutrient concentrations at both Waikoloa and Hokulia were often higher than concentrations <br />measured in highly polluted rivers and estuaries. Its estimated that nutrient concentrations in <br />the anchialine ponds at Waikoloa have more than doubled since the resorts development. <br />Historical water quality analysis from both Hokulia and Waikoloa revealed that nitrogen water <br />quality parameters have increased significantly at both developments over the past ten years. <br />Nutrient concentrations were more elevated at low salinities, suggesting that nutrients originate <br />from fresh water sources like fertilizers, irrigation water and wastewater. These elevated nutrient <br />11EXHIBIT B <br /> <br />