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GRAHAM:Sidney, I had just a couple of brief things. One is with the report from <br />Tom Nance on groundwater. It’s sort of brief, and I would like to note to the other <br />Commissioners so many of these background reports like this are very difficult reading. But I <br />always find Mr. Nance’s reports pretty easy to go through because they’re written in a very <br />normal tone. However, in his Page 1 down in the section called “Domestic Wastewater <br />Generation and Disposal” -. <br />FUKE:This is on Tom Nance’s report or the -? <br />GRAHAM:Yeah, that’s one of the appendices. <br />FUKE:Okay. Go ahead. <br />GRAHAM:It may be that I’m out to lunch on this one but he speaks of, says, <br />“Wastewater collection, treatment, and disposal will be handled by the County’s existing sewage <br />conveyance system and treatment at the County’s wastewater treatment plant on the north side of <br />Keauhou Bay.” And “The treated effluent is and will continue to be reused to irrigate the Kona <br />Country Club.” My sense was that the County system all runs north and winds up getting <br />injected, you know, mauka of the harbor. And the Kamehameha Investments section is what <br />deals with the Kona Country Club, and so this was all going in the County system and going <br />north. But does the County actually have another system down there I wasn’t aware of? <br />FUKE:I don’t know whether Mr. Emler can answer that question. But the point <br />still is that, and I don’t know where the separation, you know, line is in terms of servicing line, <br />whether the area would be serviced by the Heeia Wastewater Treatment Plant at Keauhou versus <br />the Kealakehe one, I don’t have an answer to that question. I think what, you know, yeah, that <br />could be. I don’t know, I don’t know to answer that question. The fact, however, remains that <br />it’ll be hooked up to the County system. <br />GRAHAM:Okay. And then the second question I had is more of a background thing. <br />I know that we often deal with like public rights and public access based on this Highways Act <br />of 1892, I think it is, which sort of says if, you know, the public was using and it exists on a map <br />at that time as a public right-of-way that that perpetually is available to the public. So we do <br />have this trail you speak of in this application; and apparently it doesn’t qualify in that sense and <br />all. And I was just wondering for a little background from you perhaps and especially with your <br />history as Planning Director, where’s the demarcation line of whether that actually comes into <br />play and, you know, requires kind of a public access and ownership perhaps of a trail that has <br />been in existence for a long time? <br />FUKE:I think it’s a legal question that I would just as soon defer to your counsel. <br />But we do have, you know, relative to the archaeological cultural aspects to that, you know, <br />Dr. Hahn is here. So, you know, he may be able to address some of that, that component of the <br />question. <br />GRAHAM:Maybe shall I just direct it to Mr. Torigoe at the moment just to get it <br />cleared up? <br />ALAMEDA:Sure. Mr. Torigoe? <br />EXHIBIT B <br />9 <br /> <br />