2024-03-07 PL-SMA-2023-000046 Chuck Flaherty Opposition Testimony

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The Addendum AIS and the Biological Update cannot be supporting the 2006 DEIS because, it is a completed document posted on the OEQC website. Therefore the AIS cannot be an addendum to the DEIS. If anything, it is a proposed supplement, which is further evidence a Supplemental EIS is required for the Punalu'u Village project. The same is true of the Botanical Survey and Vertebrate Fauna Assessment Update. It can only be considered as a proposed supplement. Be since the 1988 FEIS is already accepted and published and the 2006 DEIS is a draft document for another project proposal, the Addendum and Update stand alone without legal context within the requirements of Chapter 343. Chapter 343 states that a FEIS "shall be a condition precedent to approval of the request and commencement of the proposed action." There is no FEIS for the proposed action contained with the SMA permit application. Finally, there are statements by engineers in prior document submitted to the Planning Department that a new wastewater treatment system and plant are required. This triggers the requirement for a SEIS. Further, there are statements by archaeologists that rec The SMA permit application and Planning Department Background and Recommendation Reports contain material errors and omissions. In addition, the Planning Department has not completed prerequisite consultation with other agencies, such as the State Historic Preservation Division. Therefore, the SMA permit application is incomplete and should not have been accepted by the Planning Department. I urge the WPC to consult with the applicant and reach an agreement to withdraw the application. Otherwise, I urge the WPC so deny this fatally- flawed SMA permit application. Mahalo nui loa for your volunteer service, Chuck Flaherty