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Originally, the report was based on a relatively simple grading and grubbing <br /> plan, but the project has since evolved into a significant construction effort <br /> that requires digging 9 feet into lava rock and involves stockpiles and deep <br /> excavation not mentioned in the permit or the written Background Report. <br /> Given that the Planning Department's Background Report is built on <br /> obsolete information, it can no longer serve as a reliable foundation for any <br /> decision-making or public comment. It is imperative that this report be <br /> updated to reflect the current plans before any further actions are taken. <br /> Continuing to rely on this outdated information is a breach of due process, <br /> as it undermines the public's right to make informed decisions based on <br /> accurate and up-to-date facts. <br /> Moreover, the public's right to transparency has been significantly <br /> compromised in this case. Hawaii's Sunshine Laws mandate that all public <br /> processes be open and accessible, especially when they concern projects <br /> of this scale and potential impact. Unfortunately, the way this application <br /> has been handled thus far does not meet the standards of transparency set <br /> forth by the law. The submission of multiple conflicting plans, the outdated <br /> background report, and the rushed timeline all prevent the public from fully <br /> understanding the implications of this project. It is a clear violation of the <br /> community's right to participate in an open and transparent decision-making <br /> process. <br /> Compounding these issues is the unprecedented level of opposition this <br /> project has received. To date, there is not a single letter of support for the <br /> proposed permit in its original or current form. This speaks volumes about <br /> the concerns of the Kona community. It would be irresponsible for the <br /> Planning Commission to ignore such a clear and overwhelming expression <br /> of dissent without taking the necessary time to thoroughly review and <br /> address the reasons behind this opposition and to provide an accurate <br /> record and non-conflicting record. It is also important to consider the context <br /> of this application's history. In 2021 , the original proposal faced <br /> overwhelming public opposition. Given that the plans have changed several <br /> times since then, and the public has not been adequately informed about <br /> these changes, it would be irresponsible to move forward with this decision <br /> without first ensuring that the public has access to a complete and accurate <br /> record. The plans and the background report must be updated to reflect the <br /> current scope of the project, including all of the revisions made since the <br /> original submission. Without these updates, the record cannot be <br /> considered complete, and any decision made would be dones so with <br />