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<br /> <br /> <br /> <br /> <br /> <br /> <br /> c) This coastline is home to the most munerous and intact, pre-contact archeological and cultural sites <br /> in the State. <br /> d)The reef immediately offshore of this area is aheady severely impacted by up-slope development <br /> <br /> e)The parcel has steep slope with many gulcbes and rolling topography. Developing this parcel will <br /> require cut and fill and will result in more resource degradation during and after construction. <br /> t) There is absolutely NO takings issue or concern with the re-zoning of Kohala LLC to AS-20 acres <br /> or Ag-15 acres. Annual reports were not filed and the required progress was not made- For <br /> whatever reasons, the required conditions were not met - the applicant did not follow the required <br /> procedures. Again, there are no takings here- The 90 circuit Court of Appeals has upheld an Ohau <br /> case that downzoned private property from resort to conservation for public benefit and resource <br /> protection. There is no takings with the regard to the Kobala LLC proposed re-zoining. <br /> g) There is certainly cause for concern about lawsuits that will force the County to take action to <br /> protect natural resources from the cumulative effects of development as allowed under the Clean <br /> Water Act and under the Coastal Zone Management Act, and certainly to uphold the Public Trust <br /> Doctrine of our State Constitution. Rulings have upheld the validity of the Public Trust doctrine <br /> to trump private land rights specifically for the protection of water and beneficial uses. <br /> h)Thc North Kohala community has been working for 30+ years to preserve this coastal area makai of <br /> Akoni Pule Hwy in open space. <br /> <br /> i) The community has repeatedly asked over the years that this coastline be zoned Consen ation. <br /> <br /> j) Over 8,000 signature have been gathered in three separate petitions asking for protection of this <br /> coast, including this area <br /> k)The Growth Management focus group for the North Kohala Community Development Plan has <br /> recommended greater protection for the North Kohala coastline, including a cultural district <br /> overlay that will provide better protection for the cultural and natural resources of this coast <br /> <br /> 1) Over the last 30 years, there are multiple resolutions and plans at the State and County level calling <br /> for greater protection of this coastline, including purchasing private parcels. <br /> m) Currently before the legislature is House Bill 2607. which calls for the re-liming of all State lands <br /> makai of Akoni Pule Highway in North Kohala to Conservation. This bill passed both the House <br /> Committee on Water Land and Hawaiian Affairs and the House Committee on Agriculture- <br /> Organizations from around the State have testified in support of HB-2607 including the University <br /> of Hawaii and the Office of Hawaiian Affairs. DLNR has stalled the bill, and the Economic <br /> Development and Business Committee is drafting a resolution to move the re-zoning effort <br /> forward- However, after we spoke with the Director of DLNR, we are confident that there is a <br /> way to work with DLNR and the lands will be appropriately rezoned to Conservation. <br /> We understand that Ag-5 acres is a compromise. But compromises are not always appropriate and why <br /> compromise at the expense of irreplaceable reef resources that have a measurable economic value? An <br /> Testimony - Hawaii County Council Plarming Committee <br /> Support for Repeal of Ord No 97102 and Revocation of SMA No. 379 <br /> Page 2 of 3 <br />