2016-05-19 Leeward Exh D (SPP 16-188)

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Later in the early part of 2015 I started hearing sound of machinery, dumping of rocks, and also a crushing sound. This was occurring every day, and I live over 1,000 feet from Bolton property line. And I do have a hearing problem, I have a hearing aid, but I’m still able to hear it loud and clear without this in my ear. I then decided to travel down Hualālai Road to find a spot where I could observe what was causing the noise on Bolton’s property. I could see a huge crusher, a loader, and a stockpile of rocks that were being brought in from outside the property. The loader was feeding the hopper of the crusher with rocks, and the crusher was making aggregate. I also observed that no water was being used to control the dust. Did you know that dust and noise has no borders? Every time the loader would back up, it made a beeping sound. At my house I have noticed that dust was accumulating on my car and window screens, and started wondering what I th was breathing. Then on April 7 I was traveling down Hualālai in the afternoon, when a huge dump truck with a Bolton insignia on the truck door pulled out in front of me, loaded with aggregate. I decided to follow the truck to see where the aggregate was being delivered. The final destination was the Kohanaiki development. After researching what permits Bolton had on Parcels 44 and 31, I discovered he had only one special use permit for a coffee visitor center on Parcel 31. Parcel 31 is just below Parcel 44. The crusher was located on Parcel 31 where the visitor center was supposed to be. I proceeded to make a formal complaint to the Kona Planning Department for an illegal base yard and illegal crushing operation. On February 19, 2016, I received from the Planning Department a copy of a warning letter sent to Dan and Janet Bolton. The warning letter stated: Immediately cease operating the crusher for commercial purposes (quarry); immediately cease the use of the property as a construction base yard; immediately cease any and all other non-agricultural businesses/activities; and removal of junk. Other findings were four Quonset type structures with no records of building permits, and an office type trailer with no record of a building permit, which also had a drain line that was dumping waste water directly on the ground. The Community Association of Hualālai represents over 500 households and roughly 2,000 residents, not including the children attending Innovations Charter School and their parents dropping off and picking up the students. The Association is concerned about noise, air pollution, increased traffic on a substandard Hualālai Road, diminished property values, negative effects on our neighborhoods, and potential health problems. To allow this heavy industrial use in our neighborhood is insane, and with the total disregard by Bolton’s action affecting our way of life, The Community Association of Hualālai overwhelmingly rejects this special use permit. UNGER: Thank you. You may be seated. Marie Aguilar, Marianne Starr, Rod Quartararo — you may have to help me with that — Don Hurzeler, Rene Heimgartner and Michele Wauson. Please raise your right hand. Ma’am? Do you swear or affirm to tell the truth before the Planning Commission? TESTIFIERS: I do. UNGER: Thank you. Please state your name and where you reside. 9 EXHIBIT D