2007-03-16 TWAIKOLOADEVCO - Laserfiche WebLink

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GRAHAM:Thank you. And either one of you may start and make the presentation as you wish, thank you, but start with your name and address for the record. BAIL:My name is Lisa Bail. Im an attorney with Goodsill Anderson Quinn & Stifel, and I represent Waikoloa Development Company, which holds SMA 25 and is the applicant for this extension request. GRAHAM:Thank you. You can go ahead with your testimony, and then well hear from Mr. Yuen thereafter, if you choose. BAIL:Im not planning to present any testimony today, but Id be happy to answer any questions about the anchialine ponds or otherwise. GRAHAM:Thank you. Sir? W. YUEN:My name is William Yuen. My address is 1001 Bishop Street in Honolulu,Hawaii.IamtheattorneyforWaikoloaHomesitesVenture,whichistheownerofthe land on which the first additional golf course at the Waikoloa Beach Resort will be built. Ill keep my remarks brief. First, I want to say that since the date of the last hearing, Waikoloa Homesites Venture and Waikoloa Development Company have resolved their differences, and I believe that both parties are now wholeheartedly supporting the request for the extension. You may get the confirmation from Ms. Bail, if you desire. Second, since the date of the last hearing and in order in part to address the concerns expressed by some of the Planning Commissioners, we are suggesting a modification to Condition 14 to expand the scope of the water quality monitoring and mitigation plans at Waikoloa Resort to include monitoring, besides nutrients, for fecal coliform, enterococci and sediment analysis with the detailed monitoring plans and the detailed mitigation measures to be worked out with the Planning Department. In answer to Commissioner Siracusas question, the monitoring and mitigation plans for the anchialine ponds are on-going as a result of the amendment of SMA 25 back in 1992. Waikoloa Development has been conducting an extensive monitoring program of groundwater, ocean water and the anchialine ponds since the early 1990s. The water quality of the anchialine ponds is regulated by the Army Corps of Engineers; water quality standards are regulated by the State Health Department. And therefore, we are requesting that we work out any changes to the mitigation plans with the Planning Department, because both the State Health Department as well as the Army Corps of Engineers will have to be consulted before we make any changes to these plans. We believe that by addressing these concerns, which were essentially the additional areas of monitoring that the UH Hilo study team recommended, we are addressing the concerns expressed by the Planning Commissioners. We feel that any further measures should be included in the mitigation plans that accompany the monitoring program, and well be happy to work these out with the County Planning Department staff. The standards for review contained in HRS Section 205A-26 and the Planning Commissions Rules provide that the request may be approved as long as the development will not have any substantial adverse environmental or ecological effect, except as such effect is minimized to the extent practicable. The evidence produced at the last hearing and in the monitoring report summary by Dr. Richard Brock that was furnished to the Planning Commissioners indicates that 4EXHIBIT B