The company's commitment to the Maui Planning Commission won a county special use permit for continued sand-mining operations on 56 acres of agricultural land on Waiko Road in Waikapu.

Planning commissioners also voted 5-1 to recommend that the Land Use Commission approve a state special use permit for the sand-mining operation. The Planning Commission's newest member, Joan Pawsat, abstained from voting, saying: "This is getting way too confusing for me right now."

Controversy arose when Commissioner Jonathan Starr expressed concern over a 2006 sand resource study that found the island's minable sand resources would be gone in five to seven years.

Starr wanted figures on sand exports, arguing that even if Hawaiian Cement was promising it would not export, the commission still needed more information about the operations, including certifiable numbers on sand exports to Oahu.

Starr moved to defer Hawaiian Cement's permit application until the commission receives more detailed information, getting support from Pawsat. But other planning commissioners – Wayne Hedani, Bruce U'u, William Iaconetti, Kent Hiranaga and Chairwoman Johanna Amorin – voted against deferral and to approve the county permit.

In speaking against a deferral, U'u said Hawaiian Cement should be commended for voluntarily pulling out of the sand export business.

"I really think it's ridiculous, we're going to hold these guys hostage for other people's information," U'u said.

Hedani, saying there would be a concern about negatively affecting the construction industry if the permit were held up, said he agreed with U'u's argument as well.

Sand being mined from the dunes around Kahului and Wailuku is a key ingredient in concrete. Sand from Central Maui area is also used in beach replenishment projects.

Chris Hart, a planning consultant on Hawaiian Cement's application, said the company has tried to assist the county since the concern over sand exports surfaced. He said Hawaiian Cement was also working with the Maui-Lanai Islands Burial Council over 30-plus Native Hawaiian burials that were found in the area of sand excavation. The company is moving its work away from the burial sites, decreasing its permit coverage from 58 acres to 56 acres.

A survey of the 56 acres to be mined, in 15-acre increments during the next five to 10 years, found no evidence of burials. However, there will be archaeological monitoring of the sand-mining operations since there may be other burials within the dune being mined.

Hart also pointed out that Hawaiian Cement had been running its sand-mining operations since 1999 with required county grading permits. When county officials determined that special use permits were needed because an agricultural district was involved, Hawaiian Cement immediately began the application process.

But there were delays, he said, partly as a result of the study showing that Maui may run out of sand and the debate over what to do about discouraging further sand exports. County attorneys advising the commission said the Department of Corporation Counsel is studying possible legal action to bar sand exports.

Agreeing to other permit conditions, Hawaiian Cement said it would provide sand at cost to county approved and funded beach replenishment. The company will also pay its "fair share" contribution to improvements of Waiko Road.

Questioned about sand exports, Hawaiian Cement Project Manager David Gomes produced company records showing a decrease in sand exports during the last three years. In 2004, Hawaiian Cement shipped out 24 barges of sand, compared to just 10 in 2006 and only one so far this year.

"So we've made a conscious effort," Gomes said.

In other action Tuesday, the commission approved a special management area use permit to the Department of Public Works and Environmental Management to replace a 21-inch force main with a new 24-inch PVC pipe force main connecting the Wailuku Pump Station to a junction box on Hobron Avenue in Kahului.

Bids for the $10 million project to replace the sewage transmission line are expected to be issued in late May with a year of construction starting in July. Public works officials promised to work with state harbors officials on minimizing impact on traffic around Kahului Harbor.