2018-05-03 Hearing Transcript - Hu Honua Bioenergy SMA 221

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water drainage system, which would perpetuate, continue, and exasperate use of a storm water drainage system for a power plant that has no permits or approvals required by law, without an advertised public meeting on the matter clearly violates the Sunshine Law. HRS 92-7. I consulted with the OIP on this, and they encouraged me to go to court. You just got this thick document. Attachment 8 is an email from the Public Works Department saying that their engineer did not approve the 111.5 cubic feet per second of storm water going through the Old Mill foundation and out the Outfall pipe. Attachment 9 is an answer to a formal request for information where the Public Works Department states that they have no drainage studies for this property. Therefore, this not only breaks the Sunshine Law, but there's a lot of people out there who might have been interested in discussing removing water and injecting water in the Hakalau aquifer, and they, what wasn't consideredI'm sorry, she rattles me by holding up that sign—this remand was a narrow purpose. The broadest description of which was to be considered on remand is whether Hu Honua can make an affirmative showing that any work done or not done to repair or replace the collapsed Outfall structure will not conflict with the principles and purposes of the Public Trust Doctrine. This might include impacts in the form of beach deflation and land where migration of the erosion scarp, sedimentation of submerged lands habitat resulting in imbalance in the ecology of coral and fish populations and catastrophic failure of the sea cliff In other words, there's been no engineer that has stated that that Old Mill foundation and the Outfall pipe can sustain a hundred and eleven cubic yards of water per second without it destroying the land underneath it, the pall face, the beaches, cause clean water violations. I attached to my testimony the report by the Clean Water Department showing that they violated their NPDS Permit, that there's sediment in the Outfall pipe, that to this date, there's no proof that that structure worked for the purpose that they're claiming it's going to be used for. CLARKSON: Please summarize. ROHR: Okay. CLARKSON: And finish up. ROHR: Every time the Clean Water Department has come for inspection since 19—since 2,000, they have found them in violation of not settling out the sediment and the ash. And, that Old Mill foundation is not functioning, and it's dilapidated, and the walls around it are almost vertical 40 -foot walls and they're starting to collapse. So, when, since in this permit, the last version in '95, that's when you should have done a shoreline variance, and it should have triggered an EA. CLARKSON: Please wrap it up, Ms. Rohr. ROHR: Well, to say it's existing and there's no new uses is disingenuous. Thank you. EXHIBIT C 5