the applicants representatives here and so it makes my job really easy to tour the state level they meet the requirements we have no issues with anything other  to accomplish in these type of situations there is one letter of concern that will be passed out later on during this meeting i forgot to bring out your already one copy in my report this is the second letter from the neighbor across the street which basic we had concerns regarding ingress and egress of the property but it probably do a better job two hundred square feet so roughly in total the area affected by the request is about seven thousand eight hundred square feet the owners of the property is j y s brothers and sisters i'll see they are represented council come and make up already because he's really concerned about it but it's basically the propane trucks delivery trucks but they won't be exiting the side of the property anymore as his property sits across the street from the exit and they come out so with the side being closed and i believe mr socky has already closed the ingress and egress if he feels that up and down called street you'll see several former residences transformed into small businesses and on and none of them have you can do any business before i can answer that i don't i can answer that but i have never had an s p are welcome with any kind of time constraints on it we get we can get the applicant to explain you know these deliveries that he gets and you drive which is right across the residents and not too long ago mr so sock he actually closed off the gate so the delivery trucks actually will be coming in from a truck that's what that's what i'm thinking of thank you a one is a follow up on where you're saying where you wouldn't mind where there's no parking on that side of the store and only used to park there before because they wanted to go to your store yeah but is it is a risk are residents parking there also for running it's very loud and it has a larger beeper i have those trucks and i do have a business in a residential area in another island and that's kind of a follow up to kind of keeps the neighbors so that way there is no who in the future department would keep in mind that across the street you've got the trust commercial building and people coming and going at all hours of the morning and night across the street then you have the county you know support building with our trucks vehicles coming hours so i would just keep the consideration in mind i don't want requires to take action to rectify the omission of installing sidewalks and intersections and clearly and repeatedly presented to you by mr hyde of south now he said this and i believe there's still some confusion what this project is  fencing blocking access to this right away very quickly peeled back by the users some have worn the path to the edge of the highway and dash across all others choose to crouch down and go under the roadway through the drainage culvert expect simple sidewalks included here let's make it as safe as possible now as construction seems to be complete as one who has walked and cycled through this intersection for years it is now less safe the construction plans of my past experience i would like in the brief time that i have a lot to make my point when the contract for the construction of the interests section appears to be complete or nearly  questions for the testifiers scene one i think you next on this item would  thank you mark and president of south maui citizens for responsible growth a person i want to thank you for your persistence and patience with this matter and for trudging through my balloonists correspondence and quite frankly i don't think they can do any better this morning than what i've already written to you but i want to make some simple amends this is not about the h t o t this is about people safety it's about planning it's about public policy it's about law it's about duty it's not about the with each deal of the things and i think it comes down to a simple question for you if you believe that in this case there has been that there are no sidewalks nearby and there are no plans to build sidewalks there by the or public works and if you believe bottom line that is safe then you should do nothing but i submit to you th department of transportation did no work terms of public safety if anything they looked the cost and based upon that based upon the charter of the county of maui which assigns to you the obligation to enforce your orders i think you are compelled to act and i ask that you do so this morning and bring this matter to him thank you very much well i can go over several options in executive session if you'd like to discuss moving forward but i'm not sure what the will of the body is this point and if you want to have discussion or the right to executive session or if it's going to depend on last letter also asked for someone of higher authority than friday as well as we outlined that they needed to bring how they considered the sidewalks including the school and things like that and the last request and they were scheduled to be here today they told us that and then last week we got an e mail that said they want can be able to make it a part of it and i want to see this dealt with in the amount of work we do fix what has to be fix if we got to prune the sidewalk that makes it safe for this residence to go across the street i think it should be done times and that's my concern there were you know i don't think they're addressing this not taking this seriously as we are breached and basically give notice i think if the commission has a basis for the for the breach or at least evidence of a breach and they believe they need and answer that you could provide that in the letter and say  what information that you've obtained that you believe shows that there is a breach and that they would need to be responsive to in the contested case proceeding mission all the way to the ocean there's no difference important but it's not relevant but of course  think our goal is to get sidewalks on the highway i think it would take some one meetings for meetings i think if we can get it i think somehow if we can get them here however long it takes i think the end result is that we can get what we want which is a  right there right now for the discussion condition this is to be the content of the letter this is again not the formal contested case hearing letter but it's another letter that you'd request the department send on your behalf to attend the well i think there was an all response but if you were not satisfied with the information that was provided with you to date then and you could cite that as part of if you believe that that was a breach of the condition and that the information that they have given is insufficient to establish compliance with the condition then you could could cite that as a reason the main thing is though you would need to cite a basis for why there there is a breach in general you would want to start with with that and then if there's been an insufficient response to have an instant you have on the record of why there is a breach then i think that that's could be an additional  of their second for that and i just clarify so i can get it out of my letter and also i just wonder why the commission made it they did attend a meeting so when i can yeah but it's going to have to be for the higher pres percent so when i'm going to go ahead and draft this as a notice letter requesting them for a contest a case hearing the breach is going to be of weather condition number twenty three of the s m a permit was breached subject and you are saying that freddy attending the meeting was not satisfactory his response was not satisfactory and neither was the written response provided in the preliminary compliance report because you would like further clarification of that consideration including documentation and perhaps his higher is a letter from the citizens group basically confessed think they are asking whether on t v in compliance with the terms of whatever happens is this is it and i don't want this to be one of those things that could sweep swept under the carpet and be done for me makes me just wonder if this was another island it would have been done automatically at the start counsel just as a potential suggestion if there is a letter sent to d o t you could note that there was consideration of the institution of a formal contested case hearing process for in for purposes if again i don't know what the commission wants to do right now it's going to be automatically deferred if there cannot be an action taken but the fact is on the record there was a vote and it failed by one vote  on instituting a contested case hearing process and so that is something that kids the commission would like noted on the record in the next letter sent to the d o t that's something that the commission could consider them and i once again by thing they may have just come up with a rough estimate in their head but i think you need to make it clear where you want the sidewalks to goal you know after this project came before the planning commission twenty two thousand and twelve two thousand and twelve a few years after that our department started considering well we created the sidewalk fund or sidewalk item in our c h p and i think it was in two thousand and thirteen two thousand and fourteen that we thought ok why don't we look at all kai sidewalks on this is way after this project had gone before the planning commission and you know we've even talked to mike and members of the south he communities association about that project and that's go happen on the high side of pilani highway so i think for you know for me just to know where your sidewalks are going to come next we always think of when we do a project you always need to plan it so we want to know too i mean i'm just speaking for my department but we just want to know where these sidewalks be located are you looking at number or the the distance from the intersection up to our portion but on the state's intersection i mean there is i don't i don't want to say you know  the record how many feet but there is a certain amount of feet that they are still in charge of and then after that begins our jurisdiction ok so that's the starting point is you know just as a comment this isn't going to be on really i don't i don't think a perspective sidewalk it's going to be with a party consider this is compliance with the condition and what they've done to consider this and it's just it's something that i think the commission's asking would have you already considered and finding evidence of that so i think that's what the question is if there's a broader issue sidewalks there independent of this condition or on other county or state projects then those are not necessarily i mean they're relevant not necessarily to the condition of compliance i think that the commission's asking for i don't want to make the commissioners can ask for whatever they want i suppose and i think you bring up a good point as far as the specific location but i was awarded after that a public works we were able to go ahead and get that in good and so we're trying to be destroyed to get this backwards i want to make sure that we understand what happened his public works didn't get it into the bid process even though it was even though that was kind of the thing we want to do in two ten but my question is is i know that there's like us a standard of distance and no intersections that we want to go through and it was always going to throw it over to  one of the people that are in the g committee just to see if they actually are you know are more in tune to when the state we're talking the last time well i would think you need because you could look like you said the state gave us a ballpark figure so the muscle looked at something director or just would you like the director over ok so the presence of the deputy director or director of state d o t with written documentation of construction cost estimates and including but not limited to that sidewalk you want to put and location and location and also we want them to be at the august twenty fifth meeting august twenty fifth is that clayton will that be ok mean it will be able to get that on the agenda by the next meeting true staff planner can distract them with the commission just like then the letter to state that i mean i write in the letter that somebody with authority from state d o t and they bring with them the written documentation of the construction cost estimates including but not limited to the precise square footage of sidewalk area and location that were considered materials like if someone brings that like say freddy who i actually don't believe is with the state do you know he's still a great then and they bring all of the dots would that satisfy the commission just a suggestion of the commission you may also want to say and any and any other responses to the issue of compliance with condition twenty three maybe leave it in addition to those that information and you also would i think want to note that failure to attend or provide the information may result in a contested case proceeding going forward i'm sorry i didn't mean to cut off  the project is so if a special use permit as provided in section one thousand point five one zero point zero seven zero of this title has been a thing except that if the use described in this section also requires a special permit as provided in chapter two zero i under the hawaii revised statutes and if the land area of the subject are so is fifteen acres or less the state special permit shall fulfill the requirements of this section and under that section we're looking fifty six hama highway well who was present was the applicant itself who convene with three other committee members which was comprised in the march ninth meeting and so they came back they recessed and good morning everybody thanks for letting me speak this morning appreciate your time and your consideration but also like to thank the hon advisory committee for their time and their recommendation they did a very thorough review of our application and  operation so our goal today and through this process is to get especially as permit to be allowed to crush we're asking for permission on a twelve acre piece of land out of the larger of seventy two plus acres uses the north the property is undeveloped land east is on a highway so is called up a stream and west is some undeveloped and some residential property the area we're looking to t be the property is mostly rock and jungle and it seems counterintuitive that jungle would be growing on top of rock but if you walk the property you'll see that it's jungle i mean it's rock try to have a lot of stock on the property that pretty much get lost or get injured it's really not ideal for that and the jungle wouldn't make for very good this is a photo of an area where we started trying to work on a driveway and you can kind of see it's pretty much the background the jungles what most that's the area near highway looks like and that's just rock from just a little bit of exploration i think some of that had actually broken around in order to move it wrong mr crawford from the committee said having gone to the site i think that you know it's safe my experience is certainly not all of the agricultural land it's not it's possible say yes gross things there but it's certainly a we're working on it it mined and made love so the people who went to the site visit their comments pretty much reinforce what we said which was the land is very very rugged and mostly rock the benefits of crushing rock pads ok this is a slide we're actually shows the area to be mined the twelve acres it's important for me to know that twelve acres would not be mined concurrently the operation would probably take up half an acre to an acre out of time there's not a huge demand for aggregate and it's a small community there's no point in making a whole bunch of material if your market only needs a  certain it's not cost effective to export the material to the side of the island and because the operation is so small the cost of crushing it is significantly higher than it would be on the side of the island where you have to run small machines it doesn't make sense to invest in the kind of official machines that you'd use on this side because you do such a small ball so it would be a very small operation and that twelve acres would probably you know both concrete and aggregate reduce wear and tear on the highway the highway has been mostly repaid over the last late it's like eight or ten years there's only a few sections that are currently not repaid so the roads really nice if you were rock trucks do the most damage to roadways doh reducing the amount of trucks that you have on that road really helps them on jeopardy of the road them based in species committee to park our land and take off the helicopters from the property and that allows them to save money on fuel because they don't have to go this far so they're very supportive of just us maintaining the mr shane chains and you see was the one individual who was kind of on the fence and his concerns were cultural and archaeological and when he spoke i hadn't had a chance to share later he actually went on the site visit and was pretty happy with the fact that the area that we are planning to work on has no significant archaeological sites and that will be shown and then one of the neighbors the property ms join so this map actually shows a remote proposed mining area and then it's really small but all those numbers actually show the various sites and the risk or you could go in there is a  doesn't require as much water having us the amount of water used it by the evil missions testing and the waters required for cost control and only needed during crushing operations or through a dry spell if you have to water the road and basically crushing operations are permitted through the state department of health clean air pressure division so there's a pretty stringent process of getting your current tested for a mission and tracking emissions during during question operation so it has to reports are done by annually and then you're really you've got to cement how much you've crushed and tonnage is and then they have actually where you calculate your total emissions and what drainage strange impact is minimized by the forest and rocky terrain fresh operation have little or no impact on drainage or runoff as no impervious surface would be created impervious services new blacktop asphalt or concrete surfaces do the terrain and location it is unlikely that runoff from the questionnaire and make the stream or neighboring properties as you noticed it is pretty much in the center the property and the property is all hills and valleys and it's also a very good range  committee during and after the first meeting there are concerns about central waste of ag land basically not using it for agricultural purposes noise corey operation and scale of lead to the extension of this meeting on a site visit on the seventeenth of march on the march seventeenth meeting after the site visit they voted for approval of a special used a myth and basically they had two things that they wanted added one was that it only operate monday through friday seven thirty to four thirty or noise and dust control basically such that's not going on early in the morning or late now afternoon be to reduce the trucks on highway or actually crush it it will reduce trucks on the highway it will reduce on its reliance on imported material it will have minimal environmental impact so just for the record when we did the visit just to my knowledge looking around the afghans has a has contributed a lot to that on a community and i think it's a big asset that they have  there for the harder on people and what i wanted to request we do have nine conditions total conditions that i've written in and looking at the number nine i would want to request a straight number nine being that it is not relative to this project  conditions want to see what those six conditions are pretty much standard conditions to be valid for three years the director made for the time extension equates to the commission for review and approve when may require a public public hearing on the time extension by the commission number two would be the transferring if they were to sell this is that standard number three would be the insurance for would be compliance with our other  mining although it is in agriculture district if they happen to want to put a bit of breakfast in that area which i don't think that they would that these is a structures permit on poverty shall be limited to the section one thousand point six four point zero three zero i mean if you feel that it should stay in there then but it's just not relative in the fact of what the use is what they're requesting they used to be and i wouldn't want to see them any bed and breakfasts home in that vicinity operation council is that this it's almost like it's a leftover condition from a change in zoning like it was for because it says it limits the uses and structures i think i've seen conditions yeah that's why it's not relative to this project so it wouldn't it wouldn't relate to what they're coming in for yes they're asking for a special use permit to operate would operate the research and mining and yes this number nine looks like it's there  workforce housing pieces in cooperation with them but that still hasn't been seen property the same probably lower like the portion closest to you working on your application but there which is yeah we just finished our traffic impact study from such a just god but the special use permit for the twelve acres does not cover any of that property now yet so the seventy acres but the special use permit and the area that the commission has jurisdiction over is the twelve acres for the special use permit yes so the because otherwise if it's bigger than the twelve acres you have to go to the state when you commission but it's only twelve acres so that's that's the purview of the commission here and then when they go for the for those that come back to this is less than fifteen acres they can and well i don't know what the plans are for affordable housing i mean loud is the project in terms of noise who would be would be is there anybody in the area that would hear the operation operating potentially but it's not much louder than the regular to so i guess my question would be what is the distance to the nearest people that would hear the operation i don't know is in the center of the property and with the stream you know right close by there i mean there isn't any chance of any rock when you're washing off your machinery or when you're the trucks driving through it and you're the general rain really going to the river and again that's a great question and there really isn't i mean we're really sensitive to the water source and hanukah water is so precious and there's really no way i mean if we were trying to do heavy agriculture and the runoff issue would be a lot greater than with us pressure because we'd be trying to use a larger portion we get a lot closer to we're far enough away from the river that there's really no real chance of it the other thing about rock in comparison to dirt soil is certain soil has more of a tendency to shift and move and run whereas rock water permits goes right through and then this rarely route the river there's a run on the timers exists seasonal is just seasonal i was lucky lucky enough to see it run once when i was out there and it was actually pretty incredible because we hear the loud noises of the river coming and we run down to the river and i expect the speed of water to be very very very fast to just come barreling down hill well because of how porous the rock it was actually moving at a brisk like walking because it was actually having to fill in all the underground cavities and boy before it actually come up to the surface where you see it it was just moving along very slow  o but it's very rare i think it probably does run underground probably all the time but you don't like your brother questions  it i wanted to add in just such a condition about this management practices if we can include that if you guys would be ok with that by creating a best management practices plan that you would have the public works department review when  your grading permits yeah it would it's still the same me it's the same it would be an addition but i thought you know just to document that in the conditions knowing that you know that's something that we should also review to set acceptable to the goals and this is key for the discussion civil so i'll add that as a condition to be in peace and do you still want me to strike number nine or  the other question and it's important for this appeal also i'm sorry mr mr chair that the information for research and stuff has to all be done by submission of evidence by the parties to you it's a very formal process but  there is monitoring there there's a report that's filed actually there was a state permit that was issued concurrent with this so that they could use state land and part of the skirt that concern here with this particular situation was that we had a major swell and tie concurrently at about into the end of july and it was already how old are the photos holder the photos when were these photos taken the initial photos the person or photos were taken on the seventeenth of july and the other two photos were taken just at the end of july and that in or improvements after this period is tie period expire actually with this particular one it's going to be just a monitor and on an as needed basis they may come in for a permit to replace this mechanism with ted with something else with no pos it's possible that it could be with the same material at a future time they don't want to do anything permanent because they are looking to the beach nourishment program which is a couple of years away so i'm assuming that they're waiting out this summer swells and then they'll be winter so they don't have to worry as much right is that their theory and then they take the material out and then it's summer comes around again and they need it they put it go for the permit again put it back until they can get the  this is relatively new so it's possible we might do they had there in mind that this is only a temporary protection it's not something like a sea wall and there's and what sandbags i've seen say i suggest that we do it when the state comes in