2016-02-04 Hearing Transcript - Arrow SPP 09-076 & Rodrigues SPP 15-178

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excuse me, before Kona Cinder & Soil bought the 15 acres next to us, and with the help of Michael Moore from the Law Office of Yeh & Moore, got their quarry granted non-conforming or grandfathered, in 1995. Since then, what was once a hill is now a big hole that borders our properties above Kailua Boulevard. All of that material was hauled right by our properties along with most of the rock that was crushed in that same quarry for the much needed Ocean View water project that was completed in 2012 by Bolton Construction. Ever since Yeh & Moore’s involvement in our case, we have felt that they have been trying to get the Planning Commission to require us to pay for damages that their former clients have caused and are still causing since trucks are still hauling out of that quarry without any special assessments— YEH: —Mr. Chair, and I don’t like doing this, but I would just mention that much of this argument is not based on information that came into the record. So, I’ll just note that. HEAUKULANI: Thank you. This is argument. We’ll give it the weight it deserves. Go ahead, sir. RODRIGUES, D.: I’m almost done. So the trucks are still hauling out of that quarry without any special assessments such as they are trying to have placed on our permit. The Commission also saw the hole that has been dug next to our properties below Kailua Boulevard. That was our last stop. That material was also hauled right by our properties to get to the nearest truck route which is Kailua Boulevard with none of the special assessments that are being suggested for our permits. On April 12, 2001, James W. Mitchel died in the Kona Soil & Cinder quarry when the bulldozer that he was operating was buried when the high wall that he was next to collapsed causing approximately 500 cubic yards of cinder to come down and cover the machine and operator causing him to suffocate. This information is from the report that MSHA investigator submitted. Although this accident was not caused by Yeh & Moore, but the owner’s negligence, we all need to learn from this tragic and needless accident so nothing like this happens again not only in Ocean View but in any quarry. HOVE Road Maintenance refuses to follow Robert Thomas’s recommendation to cut down Mahimahi due to the simple fact that they don’t understand what the recommendation really says, but insists that a setback be restored. By doing this, they will be causing someone to work at the base of the cut along Mahimahi placing someone in the exact st conditions that have already claimed one life. Laura Foster testified on October 1 that she won’t allow saleable cinder to be pushed into a hole. Does that mean that the cinder we walked on when we were there on Mahimahi last Friday is more valuable than someone’s life? Please don’t allow this to happen by allowing this condition in anyone’s permit. We ask that the Planning Commission approve our permit without any of HOVE Road Maintenance’s suggested conditions. Thank you very much. HEAUKULANI: Thank you, sir. Ma’am, did you have anything to add? 11 EXHIBIT D