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Grading & Grubbing Ordinance update
#11
Aloha Bob, What starts to happen is that so many little amendments and changes get layered up and it is hard to understand, with clarity, what is happening. I believe this is intentional and a strategic tactic.

I can't claim to be expert in all aspects of the Forest Reserve issue or the erosion issues of grading and grubbing. It would appear that the G&G amendment process now underway to the existing G&G code would have applications in both forest preservation and shore preservation.

The rain forests of Puna Mauka are part of a U.N. identified World Heritage Site. This is a natural planet Earth asset that should be protected. It was largely, but not completely, interest in these mauka rain forests that drove the PCDP language on forest preservation. Puna Makai people felt that the lowland rain forests, or what remained of them, are worth protecting too though everyone admitted that not a lot of lowland rain forest is left. The PCDP is developed under the guidance of the Planning Department. The PCDP calls for the establishment of a County Forester who would quantify and map the valuable forest assets and then those maps would be used to guide G&G permitting.

The county G&G changes are undertaken separately by Public Works. There appears to be ongoing pressure from the status quo (established building industry and land owners and the folks who insist on the right to destroy their land because they can and they don't want any regulations) to make the upgrades to the code as complex as possible and in so doing minimize the attention span of the community.

Activists like Diane Ware of Volcano and others are working overtime to keep abreast of the changes and keep some light on it. I confess that I cannot find the time in my days to keep up with all the issues in play. I do believe we are fortunate to live in a unique environment which is worth the time and attention.

I would like to say Bob that I have always found you to be very astute and concise and would certainly welcome your participation with FoPF on any subjects that interest you. Call me if you want to discuss.... 965-1555

Assume the best and ask questions.

Punaweb moderator
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#12
like i was saying the language looks way like the text of the municipal separate storm water sewer ( act? ) which has a dead line to implement and major fines if it isn't. it's the 800 lbs gorilla in the room and trumps all else. and if you build it's a major pain in the butt
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#13
I, too, read your posts, Bob.
I hope you contact Rob and become part of the FoPF Ohana.

Barbara
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#14
Some interesting reportage of last night's public meeting on the G&G ordinance from Kristine Kubat....

http://kubehead.com/
Assume the best and ask questions.

Punaweb moderator
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#15
That’s what I imagined would happen. The CDP's are law but not regulation. As you mentioned, the G&G is designed to meet the entire County's need, not a specific District or a specifically identified environmental area.

Solutions?
Well the County can add a specific item in the G&G ordinance that requires all G&G operations to conform to an approved District's CDP. Something such as "All permit holders shall also abide by the respective approved CDP. Failure to abide by an approved CPD shall be a violation of this section" With this you have a specific section of the County Code that is being violated by not following the CPD. The PCDP would have to be revised to basically spell out where and when the native vegetation/forest protection shall apply and how.
Another option is to amend the G&G to add specific sections related to each approved CDP. There would be added requirements on top of the G&G as it relates to each approved CDP. Once again, that would provide an actual County Code that is being violated.
The final option is to create a County wide vegetation/forest protection ordinance of the County Code that stands on its own. But I'm sure you can guess the issues with that.

The item missing in all CDP's is an actual section of a law/code/regulation that can be used to charge a violator.
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