2024-03-05 PL-SMA-2023-000046 Kai L. Hansen Opposition Testimony

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turtles, Hawaiian monk seals, native bees and orange-black damselflies. Punalu`u's shores are vital nesting grounds for sea turtles. The SMA permit application and Planning Department recommendations do not sufficiently address negative impacts to threatened and endangered species. 2. The current wastewater treatment plant is outdated at 50 years old. The treatment system only treats water to remove fecal bacteria. Current Department of Health standards require wastewater treatment to remove harmful viruses and bacteria, as well. It is not known how damaged the wastewater collection system is, so it is likely leaking into groundwater. Wastewater is pumped into infiltration basins that flow into groundwater. This groundwater then flows into nearshore marine waters. The Hawaii State Supreme Court has ruled the county has an affirmative duty to protect nearshore marine waters. This public trust resource is at risk. A 2006 Draft Environmental Impact Statement stated, "[t]he project's engineers have assumed the treatment plant will be replaced when the new development begins." The Planning Department's recommendations do not address the existing serious wastewater problems. A Supplemental Environmental Impact Statement (SETS) must be completed before the SMA permit application can be approved and the wastewater treatment plant must be replaced and operational before the SMA permit is approved. 3. The Planning Director waived the requirement for shoreline certification. Given the degree of climate change since the last shoreline certification was completed, a new shoreline certification should be required prior to approval of SMA permit application. A tsunami in November 1975 damaged the restaurant located on the nearshore anchialine pool. The SMA permit allows for reconstruction of the restaurant, other amenities, and landscaping around the anchialine pool, which would result in irreparable harm to this public trust resource. 4. Since the 1988 Final Environmental Impact Statement was completed, the U.S. Census for Hawaii island has increased by 67%. Visitor days have increased by 126%, and visitor arrivals have increased 48%. In order to determine the additional cumulative impacts on traffic and infrastructure at Punalu`u, a Supplemental Environmental Impact Statement (SETS) should be required prior to approval of the SMA. 5. The SMA permit application and project do not comply with numerous policies of the Ka`u Community Development Plan.