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<br />BANKS: Good morning, my name is Dan Banks. I live in Wailea. I’ve lived there for about
<br />eight years and have been in Hawai‛i about 28—teacher, worked with sports, kids. I’m here
<br />today to say that the project—I’m just a, well, I’m here today to ask actually how the project has
<br />gotten to this point because I know as a just a regular common man, I don’t think that I would
<br />have been allowed to get to this point without having prior approval. A couple of things like the
<br />setback of 60 feet from the cliff, and I’ve heard other speakers speak about the contamination
<br />issue. I know that when we built in Wailea, there was a 500-foot setback from the well that
<br />pumps water out of Wailea. Five hundred feet setback by the Health Department so we would
<br />not contaminate the well that pumps water from the Wailea Pumping Station by the old school.
<br />Is there anyone here that could corroborate that? So, therefore, it seems to have a development
<br />this close to the ocean from what some of the other speakers said, I think Dr. Nishimoto sounds
<br />correct.
<br />
<br />And, the other thing I’d like to bring up, is in the application, I see on Page 4, the one that was
<br />given to me this morning, the Background Report, it was talking about water. Again, as a
<br />common man, I’ve gone to the Planning Department, and I’ve asked, is it possible that I could do
<br />something with my land so my son could live on it, and they said, well, smilingly or, you know,
<br />very positively, well yes, if you can show that you have a water permit. And so I go to the Water
<br />Department, and they said there are no permits, but yet I see here that this particular gentlemen
<br />and his company is going to be allowed to apply for a variance. When I was asked if I could
<br />apply for a variance, the Planning Department told me we would rule against it. We will rule
<br />against you as an individual to allow you to have a place—
<br />
<br />PATEL: Excuse me, if I may, try to keep your testimony focused on the application in front of
<br />the Commission.
<br />
<br />BANKS: It is, it’s directly involved because there’s a water issue on Page 4.
<br />
<br />PATEL: Yeah, what I’m suggesting is just to limit your testimony to the merits of this
<br />application. I understand you have concerns with issues you had, you know, personally in the
<br />past, but try to keep it limited to this application—
<br />
<br />BANKS: Oh, okay, I’ll go directly to this. Then, therefore, I say that this application should be
<br />stopped because there are, the variance should not be approved. There’s no water permits, so it
<br />should be stopped right now.
<br />
<br />Secondly, the erosion problem. I was there. I witnessed myself as other people did. It was
<br />dozed in on a Saturday and Sunday. Saturday and Sunday, that was an immediate red flag. Why
<br />would someone in commercial doze on Saturday and Sunday if they weren’t trying to get by with
<br />something. There were no orange fences up. Even now, if you go out today, the orange fences
<br />have been pushed down. There is no, absolutely no in some areas, hold back of any soil erosion
<br />for a—contamination of the ocean. So, there are drainage issues. Thank you.
<br />
<br />MIYASATO: Commissioners, any questions? Okay, thank you. Ms. Allen.
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<br />EXHIBIT A
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