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

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This is an aerial. The actualoh, sorry about that—the subject property is in this general area. This, we wanted to show you this photo, it's not current but it's pretty current. I think it may be a year or two old, but you'll be able to see the different dwellings that have been, being constructed in the general area around the mill at this time. So the Petitioner, Hu Honua Bioenergy, LLC, has submitted a petition for a declaratory ruling as to the applicability of Condition 5 of SMA Use Permit No. 221 set forth in the Planning Commission's Findings of Fact, Conclusions of Law, and Decision and Order issued on June 7, 2011. Condition 5 of SMA Use Permit 221 states the following: "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 property boundary shall be limited to 50 [sic] dBA at all times. Fuel truck deliveries shall be permitted only between the hours of 6:00 a.m. to 6:00 p.m. The use of `fake brakes' shall be prohibited on Sugar Mill Road." The Petitioner is requesting a declaratory ruling from the Windward Planning Commission that, number one, that Condition Number 5, which limits sound levels and noise, only applies to noise during plant operations, and not during the construction of the plant itself, i.e., not during pre- operation construction; and number two, the sound limitations in Condition 5 apply to normal plant operations only, and not during emergency or other non -normal situations. The applicant's representative submitted a letter dated May [sic] 2nd, and we've already addressed this, so I'll move on for this, as this was the letter that was requesting the Commission to allow a public hearing. So with that, if you have any questions regarding material that's been submitted to the Commission—we apologize for the, the voluminous amount of material, but we felt it was necessary for the Commission to be able to see within the record all the areas regarding noise that was addressed through the application, through the eleven hearings that we had had, and through other material that had been part of the record. So, if there are any questions, I can try to answer those as well. Thank you. CLARKSON: And, Mr. Darrow, you are able to project any part of this voluminous record on the screen in case we all need to look at it in public? DARROW: We, we couldn't do that. What we did do was get the noise rules that you had asked for to be placed on there. So, we do have that. But what we can do with the other parts is just reference them and then be able to go through that. CLARKSON: Thank you very much. DARROW: Thank you. CLARKSON: At this time, I'd like to call the Petitioner or the Petitioner's representative to come forward and state their reasons for requesting this petition and what they believe our declaratory ruling should say. You've all been sworn in previously; you are still under oath. And, but please, for the record that our staff is keeping, please introduce yourselves when you start speaking. EXHIBIT D 3