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algae systems are not changed from their native state and the marine life are <br /> protected. <br /> • SMAA, Zoning D., pg 28: The FEIS is dated 1988: therefore, this statement <br /> referencing the 1998 FEIS is not accurate which leads to misrepresentation of <br /> the SMA. Additionally, the 1988 FEIS is no longervalid and therefore, this <br /> section should be redacted. Further the C. Brewer 1988 zoning amendment via <br /> Ordinance No. 99-121 should be redesignated to Agriculture and Conservation <br /> district since C. Brewer defaulted on their development and never proceeded <br /> with the zoning that was approved. <br /> • Under Hawai'i law, the State and its agencies must afford Kanaka Maoli <br /> traditional burials "dignity and freedom from unnecessary disturbance." It is <br /> clearly written in the SMA the proposed Village and Wellness Center will destroy <br /> burial sites. Black Sands Beach LLC planned on developing and intentionally <br /> disrespect and desecrate the 'iwi Kupuna Sacred Burial Sites. Additionally, they <br /> are not any archeological site that utilizes a D-9 bulldozer for excavation of a <br /> sacred burial area; instead excavation are done by hand throughout the world. <br /> Per Mr. Arai the D-9 bulldozer is tool utilized to exam the ground for human <br /> remains. The Hawaiians believe the bones of their kupuna are imbued with <br /> mana (life force) and their proper care is a critical component of their well-being. <br /> Burial of'iwi infused the land with the necessary mana to nourish the natural <br /> world and the living and future generations of Kanaka Maoli, and to sustain the <br /> people's connection with the 'aina. Thus, the living have a kuleana <br /> (responsibility) to protect their ancestors 'iwi. Bulldozing the 'iwi of our <br /> ancestors is hewa (condemn). <br /> • Caring for Previously Identified and Inadvertently Discovered Burials: The Burial <br /> Council HRS chapter 6E gives the Island Burial Council (IBC) two options for the <br /> disposition of remains: "preservation in place or relocation of previously <br /> identified native Hawaiian burial sites"The Burial Councils must consult with <br /> recognized lineal and cultural descendants who either have direct genealogical <br /> ties to specific 'iwi kupuna or whose 'ohana reside in geographical areas where <br /> 'iwi kupuna are located. Black Sand Beach, LLC have not contacted the IBC to <br /> have a formal meeting to discuss the identified burial site prior to proposing <br /> building the proposed Village and Wellness Center. <br /> • SMAA, Economic Uses pg 53:The proposed development illusion of enhancing <br /> the overall attractiveness and vibrancy of Punalu'u will be the death of the <br /> natural habitat, ecosystem, biodiversity and true essence of its rural rich culture, <br /> 6 <br />