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Their application, if you read it carefully, has a lot of inconsistencies, contradictions, and doesnt <br />answer the basic questions required by a special permit in a lot of cases. Im not going to go <br />over all of them, but I have to go over some of them. <br />According to Section K of their application, the assumption is made that traffic will not increase <br />because the buses are already going to Akaka Falls. Clearly, the Garden is not at Akaka Falls, it <br />is about 3 miles further north and off the highway some, and it will add significantly more traffic <br />on the highway. Come on, 1200 people a day? On pages 5 and 6 in the application the applicant <br />explains that the use of Ag land for a botanical garden is allowed and that the Visitors Center <br />(sales of food, gifts and plants) will create cash flow that will help promote the garden, therefore <br />the Visitors Center should be allowed. Lets be clear, a botanical garden is allowed now but a <br />visitors center is not allowed now; and they are claiming that it is. In our opinion, this does not <br />constitute a justification for sales of good, gifts and nursery items that are not produced on the <br />garden property. They claim that they have made ‚long neglectedƒ waterfalls visible by <br />removing‚impenetrableweedsandgrasses.ƒWehavebeentothesefallspriortotheWorld <br />Garden and do not consider them neglected nor the weeds impenetrable. On page 6 they claim <br />that ‚clearlyƒ the Visitors Center is an allowed use. Actually, a visitors center with sales of <br />the proposed items is not allowed and the resulting traffic will likely have detrimental effects to <br />agricultural activities in the area. They claim that they have pristine forest in a sugar cane land <br />in a gulch. I mean if youve been in there its full of, and, you know, new species. Theres very <br />few ohia and other native plants. And they claim that they will have 30,000 species of plants. <br />This is not pristine forest and Hawai€is fragile ecosystems are not the place for a contest for the <br />most species. Their approach seems to be really to get the most tourists and make as much <br />money as they can. <br />The application claims that the garden will create jobs. Most development creates jobs, <br />including agriculture. This land can support a variety of agricultural endeavors that will create <br />jobs and that will not bring lots of tourists and traffic. But, more importantly, in a rural area the <br />impact of tourists and traffic outweighs the benefit of any jobs created. Please remember there <br />are negative impacts to tourism. We must find a balance, and that balance is already close at <br />hand with the World Botanical Garden. <br />After reviewing the application, Anthony Ching, the Exeuctive Officer of the State of Hawai€i <br />Land Use Commission states in his letter dated March 9, 2004, this is in the file, ‚Given the <br />large-scale, commercial nature of the tours, there is the potential that they may impact or detract <br />from these existing agricultural activities by generating noise, air quality and traffic impacts.ƒ <br />He also states, ‚We also suggest that as the feature attraction and the reason for the proposed <br />improvements, consideration should be given to include the entire 300-acre botanical garden <br />under the special permit. We believe that inclusion of the 300 acres would also be consistent <br />with recent circuit court decisions affirming the comprehensive and integrated manner in which <br />developments should be reviewed.ƒ He also states, ‚the application should include an <br />assessment of the proposed use in relation to each of the ten objectives of the Coastal Zone <br />Management (CZM) program.ƒ <br />World Botanical Gardens attorney, Sherrill Erickson, responded to these concerns with a letter <br />dated April 12, 2004. She downplays the projected number of visitors to the garden, but then <br />includes the World Gardens mission statement that says ‚large visitor centerƒ and ‚the species <br />24EXHIBIT C <br /> <br />