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I think you folks pretty well understand that we are about 20 years behind with respect to <br />integrating our environmental laws and land use policy around the State; and Hawaii Island is no <br />exception. And you know, we’ll probably catch up eventually, but we need to consider that. I <br />think if you are concerned about legalities and lawsuits, you ought to be more concerned about <br />that one cause someone is going to get tired of it soon. I don’t mean to sound threatening. It’s <br />not me. I don’t want to do that. <br />One of the reasons we are here today is because the applicant did not follow the rules and the <br />time to exercise the conditional entitlements has expired. Really, the real reason we are here is <br />because, you know, the County and the State have not listened to what the vision was for the <br />community for a long time. And so we are hoping that you’re going to hear what we have to say <br />today and really what the overwhelming sentiments are. <br />So thanks for your consideration. I need to just reflect again on a personal note that I <br />understand – I wasn’t there for it but – the Council might have deferred action on the rezoning <br />last week, and I think that’s my fault. There was a fuel tax, I think, or something that they had to <br />discuss and there was a time crunch. But I had asked them to introduce a floor amendment to <br />bring it down even further the rezoning to Ag-20; and I think that caused some confusion, and so <br />they had to defer the discussion. So I just want you to know that if there was deferral, it’s <br />probably because of me. And maybe we need to resend that request. But I’m sure over time <br />they’ll be able to understand what that request was all about. Thanks. <br />RHO: Thank you, Ms. Byrne. Any questions from the Commissioners -? <br />SIRACUSA: Yes -. <br />RHO: Commissioner Woodward. <br />WOODWARD: Yes. Despite what you say, I do feel that your testimony has basically <br />been a threat, a threat of lawsuits. And you know, that’s fine. But that’s not what we make our <br />decision on. So you need to keep that in mind, if you are addressing us. And I do take it as a <br />threat. <br />RHO: Commissioner Siracusa. <br />SIRACUSA: Okay, well, I didn’t interpret it that way at all; but everyone has their own <br />interpretations. You mentioned best available control technology in doing development projects <br />and how that doesn’t always get us the results that we want or how they don’t always, with the <br />best available is not always good enough. I was looking at the Director’s proposed Findings of <br />Fact, Conclusions of Law, and on Page 2, No. 5 he mentions that – he’s talking about hydrology <br />– he mentions that the evaporation rate for the area is one of the highest in the State. Do you feel <br />that it would be very difficult with that high an evaporation rate for contractors to keep the dust <br />down even if they kept spraying it with water, and that the dust could migrate to the reef? <br />BYRNE: Well, I think you not only have to consider the evaporation rate but high <br />intensity winds that we have. And you know, people do the best that they can out in <br />construction. But you know, it’s just my own professional, personal experience that you can’t <br />EXHIBIT A <br />8 <br /> <br />