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

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WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MAY 3, 2018 A regularly advertised hearing for the Intermediate Court of Appeal's Order of partial remand regarding HU HONDA BIOENERGY LLC (SMA 221) was called to order at 10:55 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, Donald Ikeda, Myles Miyasato, Thomas Raffipiy, John Replogle. ABSENT & EXCUSED: Donn Dela Cruz. ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Shancy Watanabe (Planner) (to 11:13 a.m.), Melissa Dacayanan (Planning Commission Support Technician), and Sarah Hata-Finley (Commission Secretary). And 37 members from the public in attendance. APPLICANT: HU HONDA BIOENERGY LLC (SMA 221) Consideration and Adoption of Proposed Second Supplemental Findings of Fact, Conclusions of Law and Decision and Order of the Commission to reflect that Outfall 001 will not be replaced or repaired, and therefore will not affect the public shoreline. The Proposed Second Supplemental Findings of Fact, Conclusions of Law and Decision and Order of the Commission are being considered in response to 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 permit was amended in 2011 to allow 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: The next item on the agenda is Item No. 3. This is an adoption by the Commission in furtherance of the action that we took at our last meeting. Consideration and adoption of a Proposed Second Supplemental Findings of Fact, Conclusions of Law and Decision and Order of the Commission regarding an Outfall that the Intermediate Court of Appeals asked us to reconsider the effect of repair or replacement of that structure, and at the last meeting, it was determined that there would be no repair or replacement of it. EXHIBIT C