2018-04-05 Hearing Transcript - Hu Honua Bioenergy SMA 221 (Dec Ruling)

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possible. If the Commissioners have other preferences, please let me know. But, I think we should have a hearing. RAFFIPIY: Mr. Chairman, if we do meet the requirement, or meet the requirement for a public hearing, I move that we conduct a public hearing right now. REPLOGLE: Second. CLARKSON: Okay, it's been moved and seconded that we convene a public hearing on this petition for a declaratory ruling. Do we need a roll call? All in favor? COMMISSIONERS: Aye. CLARKSON: Opposed? Okay, motion carries. We will commence with a hearing on the petition, and to start this off and briefly summarize, Jeff Darrow from Planning Commission staff will make a presentation. DARROW: Thank you, Mr. Chairman. Good morning, Members of the Planning Commission, or I guess I should say good afternoon. Usually, we don't make it this long. If I can direct your attention to our presentation. This is Item No. 4. As mentioned, the applicant is Hu Honua Bioenergy LLC. This is having to do with the amendment for Special Management Area Use Permit No. 221. The Applicants have requested a petition for a declaratory ruling on Condition No. 5 of Special Management Area Use Permit No. 221, which originally allowed to establish, 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." Just for reference, in case you may not know, this is located within the South Hilo District of Hawaii. More specifically, we are looking in the area of Pepe`ekeo, which is in this general area. The actual property is identified with the black outline, and you'll see the different colors on the map, which represent the County zoning. The purple is General Industrial — 5 acre, as well as a portion of dark green, which is Agricultural - 20 acres. There is some residential lots that are just to the north of the subject property, and there are smaller agricultural lots but all are zoned Agricultural - 20 acres. This is a little further zoomed -in map again showing the zoning of the area. The purple represents General Industrial - 5 acres, the dark green represents Agricultural 20 - acre, and you have several different types of Single -Family Residential zoning. You also have another industrial lot that's just to the west of the subject property. EXHIBIT D 2