2024-03-04 PL-SMA-2023-000046 Elsa Dedman Opposition Testimony

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certified shoreline certification is required to address Climate Change, accuracy and responsibility. It is imperative that the metes and bounds survey of the complete property be completed prior to any development. §13-222-11 Validity of certified shoreline. (a) Certification of the shoreline shall be valid for a period no longer than twelve months from the date of certification. • SMAA, Site 7: Punalu'u Site 7— Punalu'u Coastline Management Area — approximately 29.52 acres to be dedicated towards conservation. The developer has to make clear what property they are going to transfer into the public trust; which will require certified survey with certified drawing showing metes and bounds with pined and flagged. • SMAA, Pg. 4/Site 1:This historic anchialine fish ponds are to be returned to its original state and this entire area must be preserved. The Hawaiian word for water is wai; the word for law is kanawai, showing us that the regulation of water has been a fundamental concept of Hawaiian law since ancient times. We should now recognize the wisdom of the ancient Hawaiian and readopt the principle that the water must be regulated for the benefit of the people. This area is protected by the Kanawai law and should never have been developed by C. Brewer Properties, Sea Mountain. Therefore returning it back to its natural state is mandatory for a balance ecological system. On November 7th, 1978, Article XI, Section 1 of the Hawaii State Constitution now states: For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawai'i's natural beauty and all-natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State Article XI, Section 7 states that "the state has an obligation to protect, control and regulate the use of Hawai'i's water resources for the benefit of its people." The adoption of Article XI was a remarkable victory for Hawaiian rights activists, Kanaka Maoli and the island's residents alike. • This area is a Tsunami Zone and that's the reason the buildings were destroyed in 1975. The developer stated they would secure the existing old buildings damage by the tsunami in 1975 (site 1); however, this has not occurred and it has been over a year since that statement was made. There has not been fences erected for the safety of the people visiting at Punalu'u due to Black Sand Beach, LLC lack of responsibility. They refused to spend the money for obtaining permit 3