2018-04-05 Windward Planning Commission Agenda

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NEW BUSINESS — 9:30 a.m. 3. APPLICANT: HU HONDA BIOENERGY LLC (SMA 221) Discussion and action on the Intermediate Court of Appeal's Order of Partial Remand filed January 22, 2018 of the Final Judgment of the Third Circuit Court's Order filed on March 10, 2014, to the County of Hawaii Windward Planning Commission, for the narrow purpose of the Windward Planning Commission to address the impacts on the public shoreline with regard to repairing or replacing Outfall 001. Special Management Area Use Permit No. 221 was originally approved to allow the establishment of a coal storage area and a coal burning energy plant and related improvements. The approved amendment request allowed a change in fuel source from coal to biomass, to upgrade the existing facility and to construct support facilities and infrastructure at the former Pepe`ekeo Power Plant, Makahanaloa, South Hilo, Hawaii, TMK: (3) 2-8-8:104 (formerly 2-8-7: Portion of 53). 4. PETITIONER: HU HONDA BIOENERGY LLC (SMA 221) Petition for a Declaratory Ruling on Condition No. 5 of Special Management Area Use Permit No. 221, which originally allowed the establishment of a coal storage area and a coal burning energy plant and related improvements, and which was amended to allow a change in fuel source from coal to biomass, to upgrade the existing facility and to construct support facilities and infrastructure. Condition No. 5 reads in part "Sound levels shall follow Department of Health rules for residential areas (55 dBA daytime), HAR, Title 11, Chapter 46 (Community Noise Control), and noise at the site property boundary shall be limited to 55 dBA at all times. " The property is located at the former Pepe`ekeo Power Plant, Makahanaloa, South Hilo, Hawaii, TMK: (3) 2-8-8:104 (formerly 2-8-7: Portion of 53). MINUTES Approval of the Minutes of the March 1, 2018 Windward Planning Commission meeting. ADMINISTRATIVE MATTERS Discussion of recent Special Management Area (SMA) determinations and minor permits issued by the Planning Director. ANNOUNCEMENTS ADJOURNMENT The purpose of the public hearings is to afford all interested persons a reasonable opportunity to be heard on the above matters. Submitting Testimony According to Rule 1 (General Rules) of the Planning Commission, a person desiring to submit oral or written testimony shall indicate her/his name; residence address; and whether the testimony is on her/his behalf or as a representative of an organization or individual. If testimony is being submitted on behalf of an organization, documentation showing membership ratification should accompany the testimony. Written testimony shall be submitted with an original and nine copies prior to testifying. The 2