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                                              Carroll  E. Cox

                                                                     Mililani, HI 96789

                                                                     carroll@carrollcox.com

                                                                                                                                                               
                                                                                                                                                                                                                                                      September 15, 2011


The Honorable Neil Abercrombie,
Governor,  State of Hawaii
Executive Chambers, State Capitol
Honolulu, Hawaii 96813
Dear Governor Abercrombie,

We respectfully request that you use your authority to rescind the Proclamation you issued on June 14, 2011 where you state " the U.S. Army Corps of Engineers has identified numerous lands owned by the State of Hawaii, the County of Hawaii  and the City  and County of Honolulu which are eligible for preliminary assessment, remedial investigation and remedial action under DERP".

We were advised that the Proclamation was issued without first being reviewed by the public, the Hawaii State Office of Environmental Quality or other State and federal  government agencies.      

Also,  we request that the you use your authority to rescind the Right of Entry Permit issued by the State to the Army Corps of Engineers (USACE) to enter "the Former Bombing Target at Kanahena Point.   Located o the Leeward  coast of Maui, Hawaii within the Ahihi-Kina'u Natural Area Reserve".  We are informed that you have authorized the USACE to start work as early as October 1, 2011, in the Ahihi-Kina'u Natural Area Reserve. 

We are concerned that  the Right of Entry does not have conditions to prevent or address the potential damages to the Anchialine pools and other  Natural and Cultural Resources identified in the Reserve that have a State, National and Global significance. We are informed that you have authorized the USACE to start work as early as October 1, 2011, in the Ahihi-Kina'u Natural Area Reserve. 

Further we believe the Kina'u Natural Area Reserve is closed to the public, the munitions found there do not pose any imminent threat to the public, and there is no emergency.  

Therefore, we believe the Right of Entry was improperly issued.

Thank you for your kind consideration in this matter,

Sincerely,

Carroll E.  Cox

 

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