ok we have coral so we can call this meeting to order first thing on the agenda is public testimony with anybody like to speak on anything and give them a look in the seventy's i love this island it's my beloved home and the reason why i came here today is because about ten fifteen years ago me on a special man that came over from the e p a was dressed in white with his protection because that's how toxic this chemical is they found it in the transformer area down here in kuala pro they found it in the soil and read the transformers along farrington highway and they found it in a tumour in my exhusband back stock does not go away in the environment it just so happened that before i after i found out about this meeting listening to a public radio station a marine biologists went down into the deepest trench in the pacific ocean with their little machine and they should brought up these little creatures inside these creatures was so much be as much as the crowd some of the crabs in a river in india this is the deepest trench on this planet we have people on that i am so concerned about because it causes birth defects it messes with our hormones it causes cancer it was used in napalm and the other thing they were spraying all over vietnam and here we are today fifteen years later and i'm not i just i can't believe we've waited this long to take care of this problem in a bothers me that when the report came out  said and jade moon got on the didn't the news and said no worries molokai the levels of p c b are acceptable well in my mind there is no acceptable level for p c b because at the time we do a lot of research about what this chemical does to us they did at the time know what it does with high exposure they don't know what happens with low level constant exposure it's in a soil it's in air it's in our little fishes out there we eat it we get it i won't even go into that's why i came here today that's my personal experience with poly chlorinated by pheno i would really love it that if  thank you anyone else ok we're going to close the general public testimony for now and the next item on your gender is the approval of the minutes from december  projects so electric we have a lot of good morning thank you for hearing us this morning it's kind of a complicated project it's been a long time coming so you know and i'm a long time in the works and i think you already heard that from that community so we're going to be in this presentation i turned off the lights before and they didn't go right back on so i'm kind of wary of turning them off  we can do that if you guys want that and step that we do have hard copies does the audience also we have i think we have some additional copies in the back if you'd like to follow along in the presentation we're going to be covering some background plan to do with the information afterwards as far as site cleanup is concerned and then in addition the time frame for those things as well as some time for additional questions i thought it might be best if we make it through our powerpoint presentation first and then save the questions till the end but you are the commission so it's up to you if you would like to ask questions in the meantime but i think it'll be easier to follow along because you might have some questions in the beginning and that we may cover further planning commission requested the department of health deal each which is our state regulatory agency to investigate a parcel that was previously known as the hawaiian ice center but is now  paddlers and you know because of you know site history we realize that people you know the community here growing up here there were observations of you know sprayed oil and you know things like that it did just that right across the street that sort of thing so be investigated that parcel for contaminants and there wasn't anything above the actual levels at that point in  some interesting redeveloped in the site which is kind of where we're at right now which is we've heard strongly from them all community that that this site is looking to be repurposed or  new community center or something community based services on that site and so at that point the deal which if there was going to be additional diggy more any potential for exposure a completed an assessment and and some and some also did some assessments of some adjacent parcels and so that's kind of how we have the primary parcels which is the gallaher trust family site and then in addition to the misaki their primary parcels and i'm going to show those on a map so you'll be able to see very clearly where those parcels are so th in two thousand and twelve so if you're hearing me talk about two agencies there's two governing agencies that we have to meet both regulatory requirements one is the e p a the environmental protection agency which is a federal agency they govern the p c b says contaminants so they're the ones that would require further work or not required for the work or if there was any cleanup we would have to clean up everything according to tosca which is a regulatory that toxic substances control act that e p a administrator deal wage however does not have jurisdiction over the p c bees that's the federal jurisdiction but they do have jurisdiction over other contaminants like petroleum products or heavy metals that might be have might be hazardous waste or things like arsenic barium cadmium any of those heavy metals that have been shown to be toxic so we have the two regulatory agencies that have interestingly enough separate and so in two thousand and ten we started in two thousand and twelve with a wind electric company and now electric company meeting with the department of health as well as e p a to try to come up with a common site investigation plan where we could beat meet both requirements that had separate separate sampling requirements and getting them to the table so that we could do this work all at once and actually get a very investigation done and move forward with this so that was done in two thousand and twelve so the timeline this is a kind of a timeline showing where we are up to this point so i've covered you know these different assessments which didn't see any reason to do additional cleanup except when the land was going to be repurposed so now we're out with from two thousand and twelve it took us three years to work with to come to a final work plan on a site investigation that was acceptable to both it's been a long process to try to make that happen and there were several i think at least four or five different revisions of the work plan to come up with a common strategy sampling strategy so finally in september twenty fifteen we got a work plan approved and we started then in june of and sixteen we submitted the estimate applications will before that we were filling out the applications identifying the parcels that we wanted to do and then in addition part of the reason why the main reason why we have to estimate permits in front of you today is because we realize the estimate process is a long process and so we don't want the work to stop so if we find contamination on the primary parcels and it extends beyond the boundary of the primary parcels we want to be able to move keep on going and move and determine the extent of contamination without a delay because otherwise we would be back and have another year year and a half of going through the process of trying to make sure that we have everything in place for an additional estimate permit so we're trying to do them both in at the same time so that we can continue the work once we start it we want to continue it and then move on to the next phase of cleanup the next in twenty fifteen we hired element environmental and prepared those sesame applications that i mentioned and then we submitted as many applications and we've gone through all go through the steps of the estimate that we've completed co head no transformer maintenance and storage area was to actually extended into the gallaher parcel which is the parcel it's hard to see on this slide but it's in red just above the yellow portion and this is the yellow parcel borders command highway so then the perimeter lots it's really hard to see unless you have the handout but there's all the perimeter lights around surrounding those two parcels  in all in all the various directions and so there's private parcels as well as public parcels owned by both the state and the county in the roadways as well as the private parcels that are identified on the map and also in the s m a applications so where we are where we are now where we're at right now is that we selected element m r environmental site investigation we filed this special management area applications we submitted them to county county reviewed them we've been going back and forth with mostly civil on this and she's been very very helpful and then we completed a public comment period and actually something that wasn't in this slide as we did a whole the community outreach session i think that was in october was that october so yeah so we we did that in on october eighteenth where we had a night time community outreach kind of you know to inform the community about what we're doing where we're going some of the things that we're expecting to find out of this investigation and where to go from here because where we go from here and this is going to be part for the community is going to be it's going to be the determination of the community and the landowner because we don't we don't own the land that the contamination is on so it's going to be it's going to have to be a engagement process where everybody helps to that decision so after that we mailed out the public hearing notification and we did their preliminary permit or lots notification we actually went beyond five hundred  feet we extended that out to a thousand feet because we wanted to make sure that we were inclusive rather than xclusive and then the county published a notice a public hearing in five newspapers and the  dispatch and then the application is now before you today so that's where we are at the at the moment so the contaminants that we're looking at that are present  gravel in the pavement are petroleum products which were used in the generating activities at the former military electric site we're looking at potentially heavy metals some of those metals  are in or were in fuels you know that were possibly used at that time i think some of us in this room remember when we used to have let it gas we don't have that any longer in addition to   some of the history of why we have b c b s so at the time and still today for it's current and i'm am i'm going based on the regulations i'm not going based on  my personal feeling or anything other than that but deal wage for that matter the if if there was nothing done to this site other than what is currently being used for typically in the past  areas now that the site wants to that the community has expressed an interest in in reusing this site for other purposes and building on the site that is no longer acceptable we need to look and see what's under the surface and especially if there's going to be digging or you know some construction at the site so the investigation is really being done because we we know that the community wants to repurpose reason why they don't go away is because there's this long coronated chain that is very stable and very hard to break up even at even at high temperatures so and then if they do get exposed to high temperatures like a transformers to keep to keep the transformers stable because when they when the electricity travels for the transformer and steps the voltage down the you know a longer c d s or something like that so the problem though is that prior to nine hundred seventy nine i think you know on the previous slide we said we started the day the power generation by molokai a electric company we started one hundred thirty four and in that period of time you had fifty forty five years of p c b used in these transformers and  and so that some of those transformers leaks and they that's what was causing the contamination so and so we have a picture of like what a transformer looks like on the pole they don't the transformers from before they don't look the technology hasn't changed that much they don't look very much different than they do today go ahead i'm going to turn over to matt at this point because he's going to kind of go through and unfortunately if you if you want to see these pictures this is these are the sampling pieces of sampling equipment that are actually going to be used at the site so you can see how the work is will basically be a crew of four or five guys will have a sample equipment consists of a bobcat sized piece of equipment that is a drill rig and one of the pictures shows the typical soil core they will be pulling out of multiple locations on site to take samples from we won't have any excavation quitman we're going to try to the purpose of doing it this way is to disturb it as little as possible this is a standard way to collect samples on contaminated sites so we've done this before in numerous locations around the state we're based in honolulu but we have done sites all over the state using this method and this is again as greg mentioned interference to both of you atre local department of health and the e p a standard sampling procedures so what you'll see typically is the no one or two pieces of equipment drill rigs this is this is what the drill rigs look like they're they're made to access tight spots so working around the warehouses in the parking lots on the site will be able to get in and out of of the nooks and crannies and get full coverage will be sampling concrete slab some of this it's partially concreted there's some asshole there is gravel layers will be collecting samples from a comprehensive area so we don't miss are all small like i said to to minimize disturbance this is a standard sample aim technique or strategy this actually represent the e p a required sampling  below the contamination that was discovered before and then in the field will make decisions as to whether we need to go deeper and not but essentially it'll be about five feet for each of those soil borings so  agree this shows the local department of health required sampling areas for this type of a site so you'll notice it includes the warehouses that are on site will be sampling inside of those will be boring beneath the slabs collecting the so be there in case of contamination and spread will be sampling the concrete itself will be collecting so little vapor samples to determine if if there's a remnant petroleum contamination  site will have low impact equipment the site will be signed signed off cordoned off so people can know passers by or people walking on the sidewalk will be able to just walk through our so subsurface meaning you know one two three feet below the surface so any dust that we were just driving over the side with a pickup truck or a car drew rigs that's not a concern it's just the small spread back on the ground where someone can can access it so it can control of the potentially impacted soil and then they go on with our so one other thing thanks matt i think one of the other things too that was asked at the community meeting and i want to make sure i address it here which is what's going to happen to the holes they will be filled with concrete matter what  was ok so they will be there going to be filled so that there's not going to be you know exposure or risk or anything like that so these holes these two inch holes will all be back filled with concrete to make them inaccessible so what we plan on doing is we'd like to get started as soon as possible our plan is that i think we have to complete as i may before you were planning on if we do get approval to move forward we would like to start work some time may or june meaning that we need to mobilize equipment to get here to military put together the crew that's going to be working on it and then in addition get started  on the work that is so we're looking at twenty seventeen and more specifically hopefully by june we would really like to be underway by june and then twenty hundred twenty eighteen depending on what comes out of this out of this site investigation which i think is is we don't want to we don't want this to continue to be this open envelope an open process we want it to we want to this thing we want to get it taken care of so there's work plan is meant to be as you may have seen on the previous slide there's lots of dots which all our sample emo cations we want to define the contamination  soil samples we will then be putting together a report that is required by us because the work plan was submitted to deal with we have to then submit the this site investigation results to  we also plan on submitting that to you the community we want you to see what's there we don't know what their idea behind this is it's supposed to be an open process an open book we want you to know what we came up with and hopefully feel comfortable with what we found and then with that also gives us the opportunity to come to the community and have a better discussion about what we do next so twenty eighteen we're going to be looking at  talking to the landowners as well as the as well as the community about what they also want to see in the in the cleanup then in two thousand and nineteen we would like to begin that clean that site clean up now if we can be done sooner we'll do it sooner we're just putting we're trying to be a little bit realistic about the timeframe unfortunately you know we've got to submit all these reports in between but if we can do it sooner we will if we can all come to an agreement on what needs to be done next and then then once that clean up is finally done it again has to be basically approved by e p a and deal which to assure that we've they have to look at our results they have to look at whatever clean up options happen and they have to basically say ok yes we're satisfied or no you need to do something else you need to go back and do more so that's that's where we're at on the timeline go ahead and so what happens next so i kind of describe it already which is we would like to we're asking for approval on the s m a application so that we can get going we're looking for the community support so that we can be you know in this process so we did get a support letter that we can submit recently from council member carlo who is supporting the project going forward as well as involved in our lives community plan was the energy commissioner  was also there representing the county from the mayor's office so so that's where we're at so once we get once we get decimate approval we will begin moving forward immediately with  starting to get moving on the site investigation work and with that it's open for questions so do you have questions for me any public testimony any questions step up whatever you want to testify on to the company that project because when they started digging around in there they found oil so i'm just letting you guys know this is going to go beyond what you guys are planning to dig right now and i just that they had back in october i went to that meeting and it's all good the problem the problem we had during that time they opened up a bunch of testimony from people there that dig in process they're girl to the water you know any troubles on the dirt and on the surfaces but you won't go into the water and spill but if there is some kind of contamination of diesel oil that might be already in the water system so i don't know how you clean up stuff like lot and if that happens i don't know what to do with the customers and the tenants there you know parking there is going to be lost so you know time span is going to be a big factor for us i do want the project to be taking place he wanted to happen because we need it cleaned up like everyone over here on the island wants to do the same thing but just the process and we it's going to be a little hard for all of us so i guess we have to do him in sections actually we still need it done so you know we have to look forward to what's going to happen in our future so take that into consideration my name is daniel i've been working in the gallagher center since two thousand and seven and i just wanted to testify that every time the wind blows you guys know how it gets there is that there's many tornadoes dust devils just yesterday i was driving past battlers and there was an old couple two old ladies trying to get to their car in the parking lot that's all dirt and dust storm that swept across the road that i had to drive through almost knocked them down you know so i mean imagine working there since two thousand and seven and every day i've been taking my son to that place and i just i just i'm wondering what about the public and the public safety and the public exposure that's that's been happening all these years will that be addressed and will it be addressed carefully and fairly by a company that's conducting a survey on their own stuff that happened i know that they're you know they using stuff that was legal at the time so i just want to probably provide testimony about the dust that's in that area everybody down there is being exposed to it thank you thank you i've seen them dust devils so moved second case seconded all in favor yeah ok public testimony has closed commissioners input question about the procedure you mentioned barreling and storing the core samples after you've pulled your individual samples from the cores are those going to be stored on site or what's the plan for the material removed in the core samples that of it so we're just discussing it today on the way here we're typically we've drawn those up you lock up the drums and you put them in a secure spot so we need to work with the landowners whether it's inside a warehouse it's there or whether we move that off to a facility where they'll be secure they won't be out in the open where someone can access them or exactly where that will be just because we have to work with the tenants in the landowners and on where would be the best location for that whatever you know if there's some some free space on site or if it's best to move the more operating under the assumption that the material is contaminated and just to what extent is what you're testing for and i am i am i clear on that no that's right so we treat it as if it's contaminated until we get the lab results past investigation investigations do indicate it is contaminated but we basically hold this soil in a confined drum until we get results and then from that point we can determine how to dispose of it whether it goes you know which landfill it goes to what do you do with it if there's a whole lot who will take it so yeah there we're going to be doing this all the dots on the mouth will be a lot of five foot cores full of soil and we only need a portion of that for the sample so they'll be left over so we may have a whole lot of dr or you know there's there that is what it is we'll have water as well because we have to clean it to decontaminate our tools and whatnot between certain sample locations so we'll be drumming all of that water we spray off a tool or catch in water and put it in the drum so it is limited it won't be as much as you might think just because the small diameter of the the born's overtake you know and that's one of the reasons why we use that method as well try to limit that call it investigation derived a waste or id w so all of our id w will be drowned we may have pallets worth of drums but it will be stored in a secure location if there's not room onsite or safe place on site that we can work out then it will be stored on the electric facility and i mean if there's a lot of contamination and there's like hundreds of cubic yards that have to be removed about whether it can be treated in place excavated hauled off and if there's a lot there are jobs that you you do excavate a lot out and haul it away to contain it and haul it away there's a lot of different options and it's hard to make i just entered the project recently so he knows more of the history of ok so i had a feeling that question was going to come up and i wanted to make sure that we addressed your concerns as well so there's a couple things that have happened  even since the since the last community meeting and at the community me we did have deal with each their representatives there who work in the in the here office which is where they take care of the contaminated soil levels and enforcement and at that meeting it was brought up that there was potential contamination at bad lawyers especially because of the solar array that was put up with the fourteen's and  taking so deal which has looked into that and they're handling that separate from from this to determine if there is actionable levels that need to be taken care of and then in addition are they  levels that are from this project or are they as potentially associated with some other project but the thing for us is i think the big question is even though we're put into them a applications sorry i'm trying to  address everybody but even though we're trying to put into separate s m a application one for the primary lights and one for the perimeter lights it doesn't mean that we're not going to be back here for other plots the idea is that once we if we find contamination we follow the contamination until we get to the end so if that goes beyond that we've identified if that continues to go then we will be back before this commission seeking additional as i may approval we're just  going for the areas that we are suspecting would be the most probable but that doesn't mean that that's the end so if that if it turns out that we need to keep on extending the work plan will be amended to include these additional areas so i think that might answer your question about stopping where the contamination stops if we find that it continues then we'll continue and keep going  and then as far as excavation as well that is going to be a community decision i personally i personally if if we can keep this oil where it belongs if that's the best option but if it has to be removed and that's what needs to be done then we're going to have to do that and and sometimes these i mean matt has worked on projects that have had huge soil removal and we're talking even up to par just barge falls so i've worked on them as well as an environmental so that is going to be one of those things that will have to decide once the comes back the extent of contamination how much there is where is it at and what needs to be done with it and since then and how growing up here is a little kid i remember all that and when they were taken to transformers down they did just back it there and leave it there until a certain time when they would get moved and if that's the case with that possibly you know the oil getting leaked and dripping into the ground so if your investigation find to that there's a lot more than what the leech considers a required level then will that be dug up and removed yes so ok so there are a couple of things i think that might help answer the question one is so e p a would be the ones to govern the b c b s but either way it's a regulatory agency right so there are different contamination levels that are allowed based on so many and so for example residential levels have a different requirement level than say industrial or commercial levels typically in industrial commercial levels that's why they've allowed  surface contamination to exist while they've tested the service and at the surface the contamination is not the concern but they have different levels so it's going to be the landowners in the community that says we want to clean up to a certain level if it's going to be used for certain purposes it's not going to be good for commercial levels or you know that sort of thing then then that's what will have to happen to clean up to those different levels so there are different levels of contaminants that are allowed based on their use so for example commercial and residential have different different contamination levels especially when it comes to petroleum products so does that answer your question i think it's going to be based on also what the land is going to be used for in the future so that's why we want to come back to the community and say hey here's what we found now we're depending on what you are looking to do with the land here's the options and these are the options with the contamination that exists or how much of the contamination  investigation because we realize that this is an open book and it needs to be taken care of thank you for being here you guys and thanks for the explanation it really helps put everything into perspective i've got a number of questions here so we will just go through it one by one by one if we if we can maybe you should come up and stan there the one of the questions i have is the second may to inspect all of the neighboring parcels have all of the land owners  consented to this estimate and signed off on it and they are or are they all willing participants in the process so i can answer that question for you so that we have engaged all of the land owners personally we've talked i've talked to them personally so basically where it stands right now is we have right of entry agreements already signed with misaki and gallaher trusts we if we find that the contamination extends beyond that and goes into the perimeter lots we would need to also get those right of entry agreements with those parcel owners we've informed them that this is the process that we would do we don't have those side agreements in place yet because we don't know to move forward with those once we find where the contamination is going and like i said we did signatures on the s m a applications from all the printer parcel in addition to you know informing of this is the next step after if we find it is still contamination thank you if you find that the contamination levels are of the acceptable levels and cleanup is required would that impact the current uses of the perimeter parcels or the subject parcels or would that only be triggered if and this and i understand the community's frustration with this because it is an unfinished business but determined that their current uses are acceptable meaning that the land is kept with gravel or fault and that there was an accepted for the fact that there is this plan and purpose of the property that there wouldn't be additional action that they would require at this point if for example so i think what you're getting down to is would have been to tear down their building you know or something like that to take care of the contamination the answer is no at this point that isn't the plan and that's not something we would be able to control anyway because we don't own the parcel so even though we are doing this site investigation based on the former uses of the property we we still don't own the property so it's we're going to have to get agreement from the land owners to as to what the next step is going to be does that answer your question because there's there's another of existing businesses in the neighboring parcels and there's be made aware if there are any impacts yes so that's going to come down to i mean this is a tricky project because we have right downtown and there's a lot of parcels with a lot of businesses already existing and so part of the reason why we don't have the right of entry agreements right now is because one we want to see if contamination is going in that direction but if it does then the owner is going to have to decide is that something they want to take care of in that way right now you know do they want to punching holes in their and their parking lots in their building and you know things like that or is that something that they don't want to be doing at that moment so it's going to be it's going to be a back and forth process  discussion process with everybody you know the landowners as well as the community i think you the next question i have isn't you talk about that the community wants to redevelop th you please define the community in that aspect is it a is it a community organization is it the landowner in conjunction with a community organization is it a loose association of individuals is it the community as a whole is enterprise granted through the federal recognition that was deemed as an enterprise community and so with that there's a nation the community had a span of ten years to figure out and map the plans for the community and one of the forty seven plans that came from that was one to redevelop that place that actually sits with karen holt with the moral code community services council because that was the plan that was generated from her because she leases that property to be a portion of the property today and so what and i just had a conversation actually with karen last week and what and she has a whole plan if you want to see it she has it in her office where they actually want to put a child daycare program there be the center hub of the town where people can walk in and walk and actually have used programs does the step out and they actually have printing equipment and tools in those buildings right now as they speak so that's part of the vision that they had within this plan to do a child care program to have used programs in in in that area but actually build yes so they were actually going to put new buildings and structures and that area so hopefully that answer thank you and then that helps to explain it so so when you see the community in the sense it's not necessarily the community but it was a plan derived from a community process that is being driven by the mold community services council is that correct and the other one of the other questions has has mico or any of his mico as a result of this made any financial commitments to any of the to the community or to the landowner or lessees or community groups if their results show that there are there are levels that need to be taken care of or agreed to share development costs or expenses of any future plans or developments for the parcels so at the moment there's been a reserve set aside specifically for the site investigation and potentially some preliminary cleanup however depending on what comes out of this we don't have any real commitment yet because it's hard to plan for we don't know what we have so once we get a better feel i think for what comes out of the investigation then that would be addressed at that time and the last one i have on my list here is so if there are if there is no further development of the subject property or the perimeter properties then it's been deemed safe by the e p a in the department of health it is current existing use is safe is correct to this point that's what they've said that's what is said and i think that's part of the reason why there's frustration on the level of you know various various members of the community i won't use community at large as it representing everybody but i think that the desire is to have that be you know cleaned up and be made available but the reason why there hasn't been i think the reason why it's taken so long and there hasn't been a lot of action is because what is there right now has been deemed acceptable by  that it is possible that through this through this course sampling that you do you may find there's levels that exceed safe levels with existing conditions so one of the things is that i think there's so much focus on p c p s but there are other contaminants and so the thing is is that other contaminants may have let's say for example if there's oil contamination or petroleum product contamination now let's say something like that is in the groundwater or there's a large amount of contamination that exists that may have a regulatory requirement that says hey you can't leave it in place you have to take it out you have to remove the contamination because it extends beyond e mails or the  action levels for that for that contaminate it would be something similar you know for like any hazardous waste sort of component like heavy metals for example so it just really depends or certain i don't have all the regulations and you know right and in block demand but i do know i have as as well as matt i had a very extensive history with contamination cleanup and it just really depends on the type of contaminant and what the actual level is for that particular contaminant and typically one of the reasons petroleum products have the regulatory levels that they do right now is because of contamination of drinking water or groundwater so if that was encountered and there was some contamination there then there would probably be most probably be some additional work that would be necessary i'm just kind of development the ability to be paid for in any any fashion i mean if you've got a development let's just say this round numbers you developed was going to cost four million dollars but it's going to cost twenty million dollars to do the clean up the project really  pencil have you have you take any of that into the equation and how that might work in the future and is there a possibility instead of doing the clean up purchase of property leave it the way it is and then put that money that would have been have to been put into cleanup into purchasing another property to help with those development efforts for the project with the organizations want to do so i know it's kind of a complicated convoluted question but things  i can tell you that there's been a lot of things discussed because we do realize this is a very tricky area you know it's right in the center of town and we want to make sure that the uses are consistent with what what the probability is there you know is it realistic to go in and remove the refill it is it more likely better benefit to the community to do something else like what you are saying so i'm hoping that there's you know contamination areas that are real hot and that we can take care of and really get rid of the majority of that way you know like in the transformer storage area yeah it may result in a lot of all thank you and i just want to say thanks to thanks to me co and thanks to your your consultant this is a huge project and you guys are doing the right thing and also want to say thanks to go just in general for all the work that you do in a leadership of sharon says oki that you guys providers would reliable electricity when we have outages over here we know that your teams are right on it to try to try to rectify that we've got damian and and my convict and the crew out there and everybody involved so you know thank you so much well we often try to complain about the little things that go wrong but i don't think often enough we recognize you folks for the work that you do that we don't see that we take for granted every day so along with all of that work this this particular work you're doing right now illustrates your commitment to our community and and i just want to say thank you thank you i believe we have at least one member of the community that still wanted to say something say anybody object you got my name when he was lying and dodging the thing i was trying to listen to was there going to do a lot of drilling in the area they didn't say that they're really going to dig this made process that they're going through right now is just to drill to take samples now after that we'll have to reapply for another estimate to go dig up the place and do all that when they do that who's going to be paying for all that i mean are they going to leave it to the land owners to do this from somewhere else to replace what they have or the dig up because we're looking at probably a large amount that they're going to dig up so they have to replace it some they're going to gravel it they're going to pave it whatever so we haven't heard a plan something like that yet in the to clear we still have public testimony civil war i didn't really open ok public testimony is closed but the chair did recognize that  gentleman who wanted to say one more thing public testimony is close but because he allowed that one man in them another man anyone else before we don't have any more public testimony and commission deliberates on this matter anyone else so any motion to close for the public hearing another question you know since this is a business area you've got businesses you've got m c a c in their operations you've got hold on hold on we get a bulk it was everybody in favor of closing public testimony you folks have a plan of informing the not only the subject parcel businesses and tenants but the perimeter parcels and even those across the street like ace hardware people are paddlers that there's there is going to be work happening or there might be some dust particulate matter just to let people know so they can either prepare or be aware of what's happening in a community maybe a community notification plan of sorts yes so so we plan on continually engaging with the community  personally make phone calls to the surrounding businesses and so that they most likely heard my voice before some member of the family at least who owns a parcel and and those are the owners that are here that are residents as well as the ones that are off island in addition we will be having subsequent community meetings which this will also continually be addressed because this will be an ongoing project for us so we want to be able to have that as a conduit before we do work we will it makes the most sense for us to engage everybody to let them know what's going on that's part of the reason why we expanded out a thousand feet  five hundred feet beyond the the requirement for the parcel in question is because we're not trying to hide it this is we want to why do this differently we want to make sure that it's an open and gauge process so making sure everybody knows what's happening is the best way to do that great thank you all commissioners anymore comments discussion i do have one other question i noticed back in and this might be a question for the landowners but i noticed back i think it was about a year to have two years ago there were appeared to have been some drilling activity done on the gallaher parcel parking lot and i don't know who might have done that or who might have been responsible for that or if there were any preliminary results that happened because of that it was it was quite an obvious object operation that was happening so i'm not personally aware rare you were of any additional work at least that we would do would have been involved  so what i'll do if it's a kid i'll do the recommendation for s and one twenty sixteen zero zero three or would you want me to combine them separately ok thank you do two so d to the s and one twenty sixteen zero zero zero three the molly colony planning department recommends approval of the applicants requests for a special management area use permit subject to the following condition so it will be the standard conditions from one through six with the beginning stating that to the satisfaction of the department of planning construction of the proposed project shall be initiated by favorite twenty eight twenty twenty and project specific conditions from seven through twelve that the conditions of the this special management area use permit shall be enforced pursuant to twelve three zero two dash twenty three and twelve the ash three zero to dash twenty four of the special management area rules for the more like a planning commission in consideration of the foregoing the planning department recommends that the moral code a planning commission adopts the planning department's report and recommendation be paired for the february twenty second twenty seventeen meeting as a findings of fact conclusions of law and decision and order at authorize that director are planning to chance them it said written decision and have a motion i move to approve the recommendations of the plan a department presented second and all  to the other one separate  as stated in the under d one as soon won twenty sixteen zero zero zero for the mali county planning department recommends approval of the applicants requests for special management area use permit subject to the f standard conditions from one to six and project specific conditions from seven through twelve in consideration of the foregoing the planning department recommends that the planning commission the planning departments report and recommendation p paired for the february twenty second twenty seventeen meeting as a findings of fact conclusions of law and decision an order and authorize a director of planning to transmit said written decision in order on behalf of the many want to make a motion i move to approve the recommendations of the planning department as presented valuation twenty four thousand again condition eleven reached the application show submit an annual report to the department and the commission for review address their final report after five years that they can come in front of you today thank you of cultural service hawaii who is the archaeologist for the project in terms of the presentation today there has been a lot of work completed over the past five years as we hope the commission has seen in not only this report but the four previous annual compliance reports that came before this one we did hand out a couple of handouts for the commission today the first is just a simple overview of the process that we have been through since two thousand and ten in terms of the after the fact this of me up a missing process and then the second one is a handout that tanya will be using when she background for the commission and also a report in general of the progress made in terms of compliance with the conditions that were attached to the up the fact is seventy approval back in two completed and has been submitted to the state historic preservation division and then finally will hand over to climb in just for some final words from command schools so in terms of background as i'm sure  is currently on the lease to john austin who has been revamping the aquaculture operations since about two thousand and ten under the name of a new john raises marine shrimp and brewed stock and produces products for sale both locally as well as both domestic and international markets schools has been working for over six years now i actually think it's coming up to seven with various government organizations and agencies to address the fact promising requirements for some improvements that were put in place by previous tenants during the establishment in the early phases of the operation of the shrimp  on these labs the overarching goal of the schools is to really have this arc of culture facility continue to operate and support economy into the future the aca culture facility was up until nine hundred ninety three after about a couple couple of years of inactivity ocean farms took over the lease from one nine hundred ninety five to two thousand and seven and further expanded the operation by creating ten additional ponds as well as some related drainage improvements as i mentioned just now john austin of the new tenant took over the lease course of about twenty years this work consisted of various grading alterations including the completion of the sixteen ponds that i mentioned ditches and drainage improvements the storage building and had tree the  application requesting after the fact as some a approvals for these improvements was submitted to the planning department for processing back in two thousand and ten following a round of early consultation meetings with the planning department staff compliance one of these conditions required the submittal of an annual compliance report for a period of five years documenting the progress of the schools in complying with the conditions this report has been submitted to the planning department each year head of the anniversary of the parliament and as i mentioned at the outset of the presentation we're really happy to be here today to present this fifth and final compliance report for your  review in terms of progress made over the past five years there has been quite substantial progress made on a number of conditions there are conditions within the estimate approval that will go on for the life of the facility and so  the compliance work has focused on those conditions that really needed work to be put into them to demonstrate compliance with with the with the specific condition itself the conditions that relate to ongoing operations at the facility for example are certainly being complied with to our understanding by the current operator  facility i'd like to just go over a few of the milestones that have been achieved through this five year compliance program by the schools and i'll just go down the list and reviewed the previous after the fact as a mayor placation back in two thousand and eleven it was also attended by the tenant a member of the place family one of the neighbors and was hosted submit building permit applications for the structures on the site that require processing of building permit approvals as a side note to this there were some applications that were filed by the previous the unfortunately those had since expired and in meeting with planning department staff over the years there were new building code requirements that came into play which necessitated kamehameha schools having to go through the process of selecting an architect to assist with the preparation and processing of new building permit applications for the structures the schools is still in that process and as you'll hear today one of the requirements that came up during the processing of the after the fact grading permit for for the property was a comment that was issued by the state historic that process has taken quite some time to go through as i'm sure the commission can late to the amount of land that's involved and the existing conditions on the site there's been very close consultation with us h p d that report is now under review by its h p d staff a few other items of milestones over the past five years in addition to the building permit applications there was a  mentioned that was submitted and actually processed in issued by the county so the after the fact grading permit has now been fully issued by the county of maui in order to get to that milestone commitment schools had to select a surveyor to assist with the preparation of a topographic survey of the entire site so that the conditions for the grading permit application could be ak accurately depicted on the plans that accompanied that application there was also work with environmental protection agency staff to complete compliance process that had started a number of years ago  so that that work is fully completed at this point  a there were there was excuse me also a certified shoreline survey that was required to be processed through the state of hawaii to understand the precise location of the shoreline around the  site that took some time to go through the process it involves again hiring a surveyor to come out and do field work to locate the shoreline along the property and another application had to be filed with the state of hawaii and we finally got to the point where a certified shoreline survey was granted by the state of hawaii which was useful for a number of other components within the compliance  program commission members may also recall we had come before this commission who i think was a couple of years ago now on various s m a approvals related to this work one of those had come up during the semi application review process back in two thousand and eleven the commission had actually done a site inspection of the property and had visually observed these these structures and had just comm schools if they would go through the process to remove them entirely from the land so community schools is has work through that process it did involve filing additional s m a applications and we came before this commission and the commission granted approvals for the schools to go forward and remove those structures those camping structures have now been fully removed in conjunction with the archaeological inventory survey work so we're happy to report that t key mission as well today and i'll end the summary of the milestones completed today to say that there is still work to do on the s m a compliance program schools is fully aware of this and fully committed to moving forward on the remaining compliance elements as i mentioned before the archeological inventory survey has been the bulk of the compliance work over the past year i would think i would i would feel comfortable in saying and it's linked to a number of different other processes unfortunately the building permit applications that are in the county review process at this point have reached a point where they cannot move any further until as h p d has fully accepted the archeological inventory survey for the land so once the a r a s has been accepted by sh p d hopefully the building permit application process will resume and kamehameha schools will continue working with the county of maui to obtain the building permits for the structures that need building presentation with that kind of high level overview i know there's a lot that's that i've just kind of gone through and it's a five year period so there has been quite a lot of work undertaken i'd like to hand over to tiny only greg from parcel and just kind of go through a summary of our approach and then what we found as a result of that approach when the state historic preservation division came back with the recommendation for an inventory survey the main research question or the main question they had was to see if we could identify whether or not his start properties are significant his start properties had been adversely affected so exhibit one and shows our study area it's in relation to the overall parcels so area why and we specifically targeted this area for  subsurface testing to look at any effects that the jury and then to prove ments may have had on the green area is the area of the shrimp pond improvements and we specifically looked at that area for capping structures or the concrete pods that were there to assist with comfort filling some of the requirements of the after the fact process as h p d said ok we're ok with you focusing here back testing or subsurface testing in the drainage area proven improvement area and shrimp ponds and to help move the process a lot more ok with you observing geotechnical testing doing some monitoring our observations of that testing while they're trying to discover how deep the gravel cool so as a part of that we were there on site with the geotechnical to observe and take a look at inside their excavations as well as what was coming out from that we were also on site eighteen we're only able to give a fourteen because of environmental conditions we had had a heavy rains at that time so we were somewhat limited in the areas where the packages are unable to read  here was to cry like it was to get in one thousand across the diameter of whether or not there are some worse subsurface cultural they're in the vicinity of the shrimp ponds so we try to get as close to the shrimp ponds as possible so with that said we were able to test the northern half of the law and or the aqua culture facility so other for the lower half there was a lot of utility concerns and we didn't want to jeopardize the operation of the aquaculture facility so the lower half we were only able to excavate two treachers that we had initially planned because of utility concerns because of structural concerns we don't want to undermine the ground surface and jeopardize structural integrity of the buildings that were there so we were able to complete  activity each of their excavations or testing units was about thirty centimeters in diameter as well eleven inches or so and we were able to get a good sampling a good look at the sub subsurface historic properties for exhibit five and this was the removal of concrete pads and as you can see from the photos here the prods were basically constructed very directly on the surface there wasn't much in the way of excavation for footings for those pads so those in the removal of those concrete pads did not appear to affect the significance or properties we did excavate a shovel that's in the middle of just to make sure and see if there was anything below that and we did not identify any cultural layers below the and that is of the locations of those are exhibit c six the subsurface cultural there are concentrated on the eastern part of the property subsurface context that exhibit seven illustrates the location of the historic properties in relation to the drainage excavation we identified on the surface to free standing rock wall and i meant as well one subsurface culture later at about two feet below the modern surface the subsurface cultural there was in the show he identified it in an exposed and bank men so right on the northern boundary there is a boundary wall that's  pit features outlines that were in that exposed embankment when we excavated the first backhoe trench on the northern part on the northern side of the drainage feature we did orange area outlined on exhibit seven that is what we believe to be the approximate extent subsurface extent of the cultural there  the freestanding wall boundary wall there toward the west on the upper upper rectangle you'll see another yellow line a site h p two five s that was also identified right on the edge of the drainage channel so if we turn to exhibit eight that is a private view of the l shaped boundary retaining boundary wall feature and the dotted line that extends to the south there that's the extent of exposed subsurface cultural  i apologize for exhibit  episodes of flooding over the years you can see in our back whole trench profiles you see that classic flood sequence where you have the heavy rocks followed by the  and over and over again you see those layers across the property so we know that over the years the parcel has experienced quite a bit of flooding and position from the flooding so part of the reason why we believe that perhaps they are just kind of abruptly ends there at six feet is that it has been washed out so parts of it are the there are parts of that are not there  then with that we identified a subsurface wall about one foot below the modern surface so those are the findings of area one and then and exhibit ten it shows that other wall feature based on the positioning of the wall and the erosion that is evident that has occurred as the it's what we would look at like in direct effect to this historic property this old boundary wall and we can see that through the soil staining on the face of the wall that we know that there was soil there before it's just been eroded away and we don't have the classic back hole kind of scarring on the on the on the from the from the wall so all for this one it appears that while the initial construction of the drainage tunnel may not have adversely affected the construction of it and then the subsequent erosion may have an indirect effect on the integrity of this feature if we move to exhibit seven this is where we come into the shrimp pond area or the uk culture area and here we identified two subsurface historic properties  drainage areas so we're looking at another different layer here and then what we were identifying in the northern part of the parcel so that is two five seven seven and we came across that cultural layer at about that same elevation and backhoe trenches for six ten and twelve so we believe that this this  this layer that represents former living extended for that long we did get some really good dates from this flare and that these to about fourteen fifty that fifteen hundred between four and a half to six feet and that those dates came back really really early came back at ninety between twelve ninety and thirteen fifty or so around there those are some of the earliest dates if we look at sivits while when we encounter the subsurface cultural there in the very first we took the same approach that we did with up by the drainage and we took a step excavated a one meter by one meter square excavation unit and came on in another  fifteen hundred and then the lower image is just a closeup of that stone lined fire pit that we found in the subsurface context and that was at about two  t the image to the right that is backhoe trench eight measuring tape there is a two meter long tape and it's extended to its fullest extent so that roman numeral three is where the lowest and earliest cultural layer is located and that comes in between one two feet and six and a half feet it slopes down into the toward the ocean so the deepest point for that one is six and a half feet and that is where we encounter culture material as well as a big deposit of charcoal and we sent that away for testing and that was what came back at twelve ninety two thirteen hundred early fourteen hundreds some of the earliest dates from within that those were the findings so what we recommended at the end of the at the end of all of this work was data further data recovery more study of these ferries significant cultural deposits for the most part to be able to identify extent some of the structural subsurface structural material that we found because we couldn't quite get into the areas of high utility or high utility construction areas as well as the residential area we are recommending additional monitoring when we have those kinds of that kind of expertise on site because archaeologists and not quite sure where everything goes and what kind of effects that would be so for future work in these areas that we were able to investigate archaeological monitoring within the a p m for the areas that are not within our our focus study and we are also recommending additional inventory survey level work for those areas that fall outside of areas one two three and four and that is that is all to working on completing the remaining items that are listed in the compliance program and so i just wanted to assure you that of our commitment from schools and want to thank you once again for working with us in these past five thank you i do appreciate it is there any public testimony ok thank you very much really appreciate what you've done and thanks for coming item for the march eighth meeting ok thank you clayton thank you commissioners believe we can turn this meeting