Applicantʻs Memorandum in Opposition to First Amended Petition

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Petitioner's and those similarly situated may continue to enjoy Punalu'u Beach without fear of obstructive development. B. Petitioner's concerns about the wastewater system, increasing density, and ieopardizing water quality are unfounded. Petitioner relies upon the 2006 draft environmental impact statement which stated the then current and onsite wastewater plant was deteriorated and did not have sufficient capacity to serve the then proposed load of over 3,000 new units. Petitioner then goes on to make unsupported and speculative conclusions about the increase in density in the area that will jeopardize the coastal water quality. Presently, the existing water system complies with Federal and State regulations and confirmed via consumer confidence reports,which are prepared under State of Hawaii Department of Health ("DOH") guidelines. Wastewater sampling from the existing wastewater system is conducted monthly and submitted semi-annually to the DOH Wastewater Branch for review. These semi-annual reports to the DOH show the samples are in compliance and well below the maximum standard allowance. Ironically, Petitioner's allegations actually demonstrate exactly why the project is necessary. Black Sand Beach LLC has already expended much effort to properly maintain and support the existing sewer and water systems. A fire hydrant and fire break plan has been approved by the Fire Prevention Bureau of the County of Hawaii Fire Department, and Black Sand Beach LLC is currently working to implement the recommendations of this approved plan. In sum,the proposed project,if approved, will provide a robust water, sewer, and fire suppression systems that will resolve all of the concerns raised by Petitioner. The failure to -6- 3302522x2