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WATANABE: Yeah, within that email the Department of Transportation indicated they <br />would be favorable with the new access to the old Mamalahoa Highway. But they also indicated <br />that they would like to see a condition placed in there regarding construction of a left-turn <br />storage lane into the mauka access when traffic demands reach those volumes, and that it isn’t <br />currently there. But it sounds like they’re expecting us to, you know, add a condition like that to <br />this. Is that correct? <br />DARROW: Correct. Yeah, we do have a condition currently that states that the, <br />Condition No. 9, the applicant shall construct all improvements and comply with all <br />requirements of the State Department of Transportation for access to the project site. We do not <br />have anything specific as we just received this last night. <br />GRAHAM: Commissioner Siracusa? <br />SIRACUSA: Yes. I’m looking at the letter from the Land Use Commission, and they <br />made two recommendations here. One is that the County consider a condition providing for an <br />agricultural conservation easement or other similar mechanism to insure that the undeveloped <br />portions of the parcel remain so for the life of the special permit. And the second one has to do <br />with the CZM, and they believe that the applicant should provide this assessment before any <br />action is taken on the application. So I would like to ask the Director if he would explain why <br />there aren’t any conditions referring to those two suggestions. <br />GRAHAM: Mr. Yuen? <br />YUEN: On the question of the easement for agricultural purposes on the remainder <br />of the property, it is our understanding that the applicant may want to expand it some time. That <br />would be a separate decision but we don’t want to necessarily foreclose that with this <br />application. <br />On the issue of the coastal zone management, this is a misunderstanding that frequently comes <br />up, particularly when these applications are not professionally prepared, as this one was not. <br />There’s a coastal zone management area and a special management area. The coastal zone <br />management program covers the entire island. There are objectives of the coastal zone <br />management program. So every application has to fulfill those objectives. It’s not a special <br />regulatory requirement but the application should discuss how the application is consistent with <br />the CZM program requirements. There’s a list of these and we will typically see these in an <br />application that spells out how they are followed. There’s also the special management area or <br />the SMA. When you’re in the SMA as the Commission is familiar, then you need an SMA <br />Permit. You need a special permit called the SMA Permit. This site is not in the SMA so they <br />do not need an SMA Permit. <br />SIRACUSA: Thank you. <br />GRAHAM: Other questions? Commissioner Domingo? <br />DOMINGO: Thank you, Mr. Chairman. The present operation there has been <br />permanent under a special permit? <br /> EXHIBIT B <br />3 <br /> <br />