2019-02-07 Hearing Transcript - Piilani Partners LLC SMA 18-070

Home

going to be Ms. Bunn and Mr. Nance's show, but I'd like to kind of like initially summarize what I perceive as being the issues to date and respond to some of them. I think that the issues have been, you know, things like, you know impacts to the neighbors whether its traffic or noise; the use of the plastics; the quality of the water due to the proximity of the former Canec plant; community give -back; the applicability of Chapter 343 relating to EA and EIS's; the nature of the aquifer, whether it's going to be degraded, whether there's potential cross -contamination; impact to the ocean water. Most of these will be addressed by Ms. Bunn and Mr. Nance, but on some of the other issues, I kind of wanted to make some comments. First, on the area of traffic, in my letter of December 24, I think I mentioned that, you know, based on a 100,000 -gallon per day extraction that the estimated truckloads was two. I was kind of like misinformed on that, and after doing further research, it was closer to like six or ten, but six or ten movements at the most, and they probably would occur during the non -peak hours and, you know, staggered. So, it's not like all six coming in or ten coming in at one time. Relative to the noise issue, we had already suggested that as a proposed condition, that the Applicant would be willing to accept the condition, and, you know, we passed it out. I think the staff passed it out. It's Condition No. 8 basically stating that the operation would be limited to the residential noise level. On the matter of plastics, unfortunately, this is something that this one Applicant cannot, cannot really address. I mean it's like the whole issue of plastic straws, plastic bags, Styrofoam. I mean, you know, there has to be some generalized legislation to ban or modify that, but until that occurs, you know, the Applicant can only utilize whatever is there and conform with prevailing laws. However, he's prepared to make a commitment if and when there are biodegradable alternatives, you know, available, then that's what he would intend to use. On the issue of quality of water due to the proximity of the former Canec plant, Mr. Nance will kind of explain that, you know, the well is considerably below sea level, but more critically, we did have a phase one environmental study done on the prop you know, on the property which was made part and parcel of the application. And, basically, the environmental report concluded that there was, really like not going to have any, any such an impact. Furthermore, if you're going to have like any, if you're going to sell water, then obviously you have to be subject to the State Department of Health regulations, and they're not going to authorize the sale of any water that's contaminant. In terms of the community give -back, while it's legally questionable whether such an imposition can be made, if the Commission determines that it's legal and it's appropriate, the Applicant already has a proposal and is willing to commit to setting aside a $100,000 to be donated to the University of Hawaii Foundation expressly for the purpose of, you know, allowing students to get scholarship in the area of marine sciences, environmental studies, geology, hydrology, and so on and so forth, and that's kind of reflected in the, what I had submitted earlier as far as new Condition No. 12. And, of that, I'll kind of like defer it to the Commission and rather if you wish to proceed with the approval of this with that added condition, then, and further if you find it to be legal and appropriate, then from the Applicant's standpoint, he's prepared to accept it. EXHIBIT D 6