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second supplemental findings of fact, conclusions of law, and decision and order will <br />state the Commission's findings that the Applicant will not repair or replace Outfall <br />001, and therefore, there will be no impacts on the public shoreline with regard to <br />repairing or replacing Outfall 001. <br />4. PETITIONER: HU HONDA BIOENERGY LLC (SMA 221) <br />Petition for a Declaratory Ruling on Condition No. 5 of Special Management Area Use <br />Permit No. 221, which originally allowed the establishment of a coal storage area and a <br />coal burning energy plant and related improvements, and which was amended to allow a <br />change in fuel source from coal to biomass, to upgrade the existing facility and to <br />construct support facilities and infrastructure. Condition No. 5 reads in part "Sound <br />levels shall follow Department of Health rules for residential areas (55 dBA daytime), <br />HAR, Title 11, Chapter 46 (Community Noise Control), and noise at the site property <br />boundary shall be limited to 55 dBA at all times. " The property is located at the former <br />Pepe`ekeo Power Plant, Makahanaloa, South Hilo, Hawaii, TMK: (3) 2-8-8:104 <br />(formerly 2-8-7: Portion of 53). <br />Issued a declaratory ruling that Condition No. 5 only applies to noise during plant <br />operations, and does not include the noise produced during the construction of the <br />plant itself. <br />The Commission declined to make a declaratory ruling on part 2 of the Petitioner's <br />request which states, "the sound limitations in Condition No. 5 apply to `normal' plant <br />operations only, and not during emergency or other non -normal situations" because <br />"normal" versus emergency or non -normal plant operations were never discussed in <br />the proceedings that took place prior to the approval to amend SMA 221. <br />Minutes of March 1, 2018 — Approved. <br />