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

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And, at the end, site restoration. We can have site restoration plans that are submitted at the beginning, but the end of the game, at the end of the day, how are these sites going to be left, and how are you going to determine that they’re not left in a condition that is going to create a real issue? So, those are the, essentially, the specific additional conditions that we are advocating should also be added in the final decision and order. If you take a look at our proposed findings and conclusions, you’ll see those conditions that we’ve advocated that should be added. It’s not a difficult proposition to take a look at them and adopt them also. That’s all I have, and thank you very much again. HEAUKULANI: Thank you, Mr. Yeh. Ms. Self? SELF: The Planning Director agrees with the Hearings Officers’ Report and recommendation which included the Findings of Fact, Conclusions of Law, and Decision and Order and the conditions that were listed in Exhibits 1 and 2, and recommends the adoption by the Windward Planning Commission of the Hearings Officers’ Report and recommendation. With respect to Condition 4, the Planning Director stands by his original recommendation that the setbacks be placed at 15 feet from all property lines to the top of slopes. This was, if you recall, this was recommended by the soil engineer in the Geotechnical Investigation Report by st CEL dated May 21, 2009. So, we stand by that recommendation, and we have no other argument to offer at this time. Thank you. HEAUKULANI: Thank you, Ms. Self. Commissioners, do you have any questions for any of the parties or counsel? Commissioner Miyasato. MIYASATO: Director Kanuha, you know, is a permitted use within the quarries customers to come and receive materials on site of the quarries? Is there any special conditions that need to be followed by the quarry operators as far as a designated area or anything of that matter? KANUHA: Thank you, Commissioner Miyasato. Just for clarification, what you’re asking is whether or not if there’s any consideration for designation of areas how people enter the property when private parties come to the quarry to secure material. Is that correct? MIYASATO: Yeah, I guess the first part of my question was is that allowed? KAHUHA: Is that allowed? MIYASATO: Is that—yeah. SELF: I don’t believe that was defined in the application as far as people going to the site and picking up cinder. I don’t believe that was part of the application. 16 EXHIBIT D