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sediment or suspended particulate matter discharging into the ocean and broadening the floodplain to include a section of Alii Lani, by your own Rule 9, an EA is required. Additionally Mr. Yuen was kind enough to send a letter to Stanford Carr and Kahakai Estates asking for the use of the easement road in times of Civil Defense declared coastal evacuations for tsunamis or hurricanes. In the last paragraph he states, among other things, It may also not be possible to use the emergency evacuation route during construction of these roads. The lack of a road here in the event of an emergency concerns the safety of thousands of citizens along Alii Drive. I find it incomprehensible that this emergency evacuation route would be compromised before any other replacement is built. In the room today there are many concerned citizens who either live on or near Alii Drive or in SunStones other developments. We are all gathered here because we are living history of what SunStone has created in the past, and we are really skeptical about SunStones newest proposal. Intheeventthatfloodingoccurs,thesetestimonieswouldbeamatterofpublicrecord,andas such it could place the County of Hawaii, the developer and the Planning Commission at a risk for lawsuits to recover damages as a result of the failure to recognize and respond to the dangers of building in a known floodplain. I ask that the Planning Commission abide by its own Rules and at the very least have an environment assessment done before addressing the issue of an SMA. At the very best case scenario, of course, would be to deny an SMA to this development today. Thank you. ALAMEDA:Thank you, Ms. Fox. Any questions? Thank you very much. Moving on to Charles. I believe youve stated your name and address already. FLAHERTY:Yes, sir. ALAMEDA:Okay. So you can proceed with your testimony. FLAHERTY:Thank you, Chairman, and thank you for allowing me to testify today. Im here to testify against the SMA application 05-005. The subject property, as it has been pointed out, is in the Waiaha floodplain; and I have actually submitted to you all a DVD that was prepared by the Kona Soil and Water Conservation District through a FEMA grant that will help you to understand just how dangerous this proposed project is relative to the realities of the floodways in Kona. The floodways in Kona are immature floodways. They are still changing; they are changing course, they are changing volume. In addition to that, weve seen unprecedented amount of development occurring here in Kona. And more importantly, up mauka we are seeing extensive areas that are being deforested and converted into coffee land. Forested land absorbs far, far more water than grass land covered with coffee trees. And so additional amounts of water are being generated above this project, and will be flowing down hill. This is going to increase the hazard to this development. In addition to that, Ive spoken with the Natural Resource Conservation Service, and they shared with me that channelization of Konas floodways in the near shore environment is not a prudent idea. As you can see, Ive attached two maps do you have my letter there I submitted to you all? There are two maps there. Id like to point out to you that both the Splitflow No. 1 and No. 2, it becomes wider as it approaches the shoreline. This is a natural occurrence that causes the 10EXHIBIT C