2016-06-02 Hearing Transcript - Jas W. Glover SPP 14-162 (LUC Remand)

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information received from Hawaii Army National Guard regarding new historic site findings and the boundary discrepancy with the permit area and modifying the Special Permit, as appropriate. The Applicant requested to modify conditions related to endangered species' protection and add a condition requiring an annual report to the Planning Department and Land Use Commission. Condition No. 7 through 9 of the original permit were recommendations made by the U.S. Fish and Wildlife Service to protect endangered and threatened species in the area. The Fish & Wildlife Service concurred with the proposed amendments to the conditions related to the Hawaiian hawk, Hawaiian hoary bat, and flora, but recommended a new condition to protect the Hawaiian goose. U.S. Fish & Wildlife stated that a one-time survey would not protect the geese since they move around often. Instead, they recommended to project personnel, avoid any Hawaiian goose on the property until they leave on their own accord. Conditions have been amended or added, and in your Recommendation Report, see new Conditions 8 through 11 and 16. Request by Hawaii Army National Guard to consider the impact of the proposed quarry operation on archaeological sites on the adjacent National Guard properties which were identified in a new archaeological report. Two identified sites, a remnant of the Puna Trail and a complex of possible trail markers, require preservation through avoidance according to the report. Since these sites are on National Guard property and over 300 feet from the property boundary, no adverse impacts to these historic sites is anticipated as a result of quarry activities, and no changes to conditions are recommended in the final Recommendation Report. There was an additional request by the Army National Guard for the Applicant to avoid quarry operations in an area of a boundary discrepancy identified by a survey between TMK: (3) 2-1- 013:010 and the subject property. The boundary discrepancy is approximately ten feet. The Applicant has indicated they routinely use buffer zones on the perimeter of the quarry sites, and they will maintain that practice on future quarry activities under the Special Permit. The Applicant did not indicate how wide a buffer zone they typically use, but according to aerial imagery, the existing quarry sites on the property are no less than 80 feet from the property boundary. Therefore, it is unlikely that the quarry activities would adversely affect the area of the 10 -foot wide boundary discrepancy. A new condition has been added—Number 5 in the Recommendation Report addressing this. An additional request from Army National Guard for the Applicant to provide information related to how the quarry operations will comply with laws related to environmental management and hazardous materials. The Applicant has indicated that they comply with all Federal, State, and County laws and regulations, and public reports are available for the Army National Guard to review. Condition No. 13 of the original permit addresses compliance with 3 EXHIBIT D