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HURZELER: My name is Don Hurzeler. I’m in the Heights at Hualālai, and I am on their <br />homeowners’ board. I’ve been off-island helping my 95-year old mom on the mainland, so I am <br />kind of late to the party on this. I really, the communications about what’s been going on there <br />have — pardon me? <br /> <br />UNGER: That’s okay. You can continue and we can, introduce yourself as you testify. <br /> <br />HURZELER: Okay. I’m sorry. <br /> <br />UNGER: Not a problem. <br /> <br />HURZELER: All right. So I’m trying to kind of get up to speed on this. The previous rock <br />crushing, rock crushing, operation that’s been going on this property is kind of mind-blowing to <br />me because I thought it was a permitted thing. So this gentleman has apparently, I don’t know, <br />been operating the rock crusher down there without a permit, putting the waste water goodness <br />knows where; everything is going to go makai from there, so I guess into the bay, with this new <br />free organic material that he has created, it will be all over the Innovations School. I expect that <br />their leadership will be here to testify about how their kids need to be protected. I was thrilled <br />that the young man spoke up on behalf of his classmates. This is caused, I think, again, can’t <br />prove it, cracks on our property. It certainly has put particulate all over the place. I’m asthmatic <br />and feel the effects of this operation. I hear the beep, beep, beep constantly, when the rock <br />crushing is going on, of the vehicles. I hear the crushing machine going on and on eight hours a <br />day in this residential neighborhood. It’s a rock crushing operation in the middle of agricultural <br />and homes, and it just makes no sense at all. I wonder if all the structures on the property that <br />are there now are properly permitted. Were they ever permitted? We don’t, I don’t know that. <br />But is this a person who has followed proper procedures in the past, and are they going to follow <br />them in the future? I’m also a photographer and I travel all around this island on a very regular <br />basis. There are hundreds, if not thousands, of square miles of lava fields on this island that <br />don’t have a structure within ten miles of them. What a wonderful place to put a rock crushing <br />operation. Not in the middle of somebody’s home. Thank you. <br /> <br />AGUILAR: Aloha. My name is Marie Aguilar. I live at Hualālai Colony, have been there for <br />15 years. We developed our home and built our home on a vacant lot there. There is many <br />testimonies today that are also part of my testimony that I’ve written you and I don’t want to <br />repeat that, but I would like to say a couple of things. First of all, I was a part of the dispute <br />when there was a developer who wanted to build along the, there’s four parcels that were to be <br />built, one was already approved by the County Council and another one, Hualālai Partners, is <br />going in, and they wanted our, the neighborhood to speak up as to what would cause us the <br />traffic on Hualālai Road. And I spoke up and I said that there is a considerable repairs that need <br />to be done to the highway, or Hualālai Road, and that development was not issued a standing to <br />go forward. But I’d like to say that those people that are nearby this property have full intention <br />to build someday, maybe luxury homes or neighborhood, and I think the closest property line to <br />that industrial crushing operation is at least maybe 500 feet from there, and I think it’s a wrong <br />thing to do to people that want to build homes in the area. And I’m not against building, but I <br />am against having an industrial park in a residential area. I’d like to say one thing that <br />10 <br />EXHIBIT D <br /> <br />