2018-04-05 Hearing Transcript - Hu Honua Bioenergy SMA 221 (Partial Remand)

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WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 5, 2018 A regularly advertised hearing on the Intermediate Court of Appeal's Order of partial remand regarding HU HONDA BIOENERGY LLC (SMA 221) was called to order at 9:59 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joe Clarkson, Donn Dela Cruz, Donald Ikeda, Thomas Raffipiy, and John Replogle. ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Ronald Kim (Deputy Corporation Counsel for the Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Shancy Watanabe (Planner), Melissa Dacayanan (Planning Commission Support Technician), and Sarah Hata-Finley (Commission Secretary). And 58 members from the public in attendance. APPLICANT: HU HONDA BIOENERGY LLC (SMA 221) Discussion and action on the Intermediate Court of Appeal's Order of Partial Remand filed January 22, 2018 of the Final Judgment of the Third Circuit Court's Order filed on March 10, 2014, to the County of Hawaii Windward Planning Commission, for the narrow purpose of the Windward Planning Commission to address the impacts on the public shoreline with regard to repairing or replacing Outfall 001. Special Management Area Use Permit No. 221 was originally approved to allow the establishment of a coal storage area and a coal burning energy plant and related improvements. The approved amendment request allowed a change in fuel source from coal to biomass, to upgrade the existing facility and to construct support facilities and infrastructure at the former Pepe`ekeo Power Plant, Makahanaloa, South Hilo, Hawaii, TMK: (3) 2-8-8:104 (formerly 2-8-7: Portion of 53). CLARKSON: Okay, we're back in session now. The next item on the agenda is the remand from the Intermediate Court of Appeals, but before we tackle the substance of that, we've had a petition for standing as a contested case intervenor, and that must be taken care of before the actual item on the agenda. So, at this time, I'd like to call the Petitioner forward; also, a representative for the Planning Department, and a representative from the permit holder, Hu Honua, to come forward, and you're going to have to share microphones. We only have two. [Claudia Rohr, Petitioner; Michael Yee, Planning Director; Ronald Kim, Deputy Corporation Counsel for the Planning Director; and Wil Yamamoto, representing Hu Honua approached the Commission.] EXHIBIT C