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 been withdrawn.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