2013-10-03 Windward Transcript - Hu Honua

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Proceedings filed August 27, 2013, for the narrow purpose of the Windward Planning Commission clarifying Condition Nos. 11 and 12 of its June 7, 2011 Decision and Order approving an amendment to Special Management Area Use Permit No. 221. This is a location of this subject property. This is, just for reference we’re looking at Pepe‘ekeō in the lower portion of the map. We have Honomū in the upper portion of the map. Hawai‘i Belt road would be running in a north-south direction. The subject property is identified with a black outline and is colored in a light purple and dark green. Access to the property is through what we call Sugar Mill Road. This is a closer view of the subject area. Again, we have Hawai‘i Belt Road running in a north-south direction, Pepe‘ekeō in the lower portion of the map. Access to the subject property is through Sugar Mill Road. And the zoning of the property is identified as General Industrial 5 acres which is the purple, and Agricultural 20 acres which is the darker green. This is an aerial photo. This was taken some time ago, so at that time it just showed the remnants of the old coal burning plant. Just for reference again, you have Sugar Mill Road. For, just for a little bit of background summary, SMA 221 or Special Management Area Use Permit No. 221 was approved on April 9, 1985 by the Planning Commission for Hilo Coast Processing Company to allow the establishment of a coal storage area and a coal burning energy plant and related improvements at the bagasse and fuel oil burning facilities at Pepe‘ekeō. On March 3, 2010 the Planning Department accepted an amendment request for Special Management Area Use Permit No. 221 from Hu Honua Bioenergy LLC to convert the former Hilo Coast Processing Company or HCPC coal burning electric generating power plant into a renewable electrical power generation facility fueled by locally grown sustainable biomass and to allow several upgrades and addition, additions to existing structures and the construction of support facilities and infrastructure within the Special Management Area. On May 7, 2010, the Windward Planning Commission at its duly public hearing granted the request of 21 petitioners who requested standing to participate in a contested case procedure regarding the request by Hu Honua Bioenergy LLC for an amendment to SMA Use Permit No. 221. The reason was because the petitioners’ proximity to the property may result in the project causing of actual or threatened injury. The Commission continued the public hearing so that a hearings officer may be hired in accordance with the County of Hawai‘i Planning Department’s procurement procedures. The contested case for Hu Honua Bioenergy LLC was held on October 18, through October 27, 2010 and concluded on October 27, 2010. The contested case hearing was conducted by Robert J. Crudele who was the Hearings Officer. On May 4, 2011 the Windward Planning Commission voted to approve the Hearings Officer’s proposed Findings of Fact, Conclusions of Law, and Decision and Order with an amendment to include an additional Findings of Fact, and to deny the Intervenors’ proposed Findings of Fact. 2 EXHIBIT B