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As I mentioned earlier, we were here at the last three previous Planning Commission meetings. And we are here to support the Planning Director’s recommendation to revoke the Special Management Area Use Permit for this parcel. This is aligned with over 30 years of State and County resolutions, plans, and community petitions that have called for this coast to be zoned Open and Conservation and preserved. I think most significantly it’s been clearly shown that the applicant just doesn’t meet the conditions for a time extension. And we stated this in January. And just to reiterate, you know, the circumstances and contexts under which this application was initially approved have changed and they need to be considered environmentally and socially. There is very compelling documentation that we included again in today’s testimony that the development and construction activities upslope of this area have already significantly degraded the water quality and the reef there. And you are probably familiar with Bill Walsh’s DLNR work regarding this reef. You know, basically the coral has been pretty decimated and killed. And the scale of damage in this area, immediately offshore, is significantly greater than the damage that precipitated the EPA investigations and fines against Hokulia. I know based on my personal, professional experience that – that’s why I’m here for the fourth time, taking time away from work – that development of any kind will only contribute to this problem, especially because it borders the ocean and this area has already been severely impacted. And there really are no best management practices in the world that they are going to guarantee that they are not going to continue to decimate this area. You know, the second point with regard to changes in conditions and contexts since this permit was initially issued is that there is an even greater body of evidence and support that the proposed project is not at all aligned with what the community has consistently expressed with regard to preserving this coastline. The input the last two years during the readiness process for the community development planning up in North Kohala and the draft recommendations coming out of the focus groups, which include a calling for rezoning of the State coastal lands, which includes the parcel immediately adjacent and north of this to Conservation, all this clearly identifies preserving this coast free of development, is the community’s longstanding wishes and desires. You know, the annual reports weren’t followed; the conditions for exercising the options for entitlements weren’t followed. There are no takings here. And there are plenty of court cases that have been cited. We cited one at our last testimony regarding a case on Oahu going all the th way up through the 9 Circuit Court of Appeals with regard to downzoning private property from Resort to Conservation. There’s absolutely not a takings issue here. And my understanding is that the County Council has received a whole bunch of documentation regarding this as well. But I would say, you know, one of the things we really need to consider on this island, you know, socially and those of us involved in the political arena and planning, is there is a real concern for lawsuits. They are going to force the County to take action to protect natural resources from the cumulative effects of development under the Clean Water Act and the Coastal Zone Management Act. And we certainly need to be concerned about upholding the Public Trust doctrine of our State. You know, rulings have upheld the validity of the Public Trust doctrine to trump private land rights specifically for the protection of water and beneficial uses. It’s just a -, EXHIBIT A 7