2024-03-05 PL-SMA-2023-000046 Deborah Ward Opposition Testimony

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2. An individual project is a necessary precedent for a larger project; 3. An individual project represents a commitment to a larger project; 4. The actions in question are essentially identical and a single statement will adequately address the impacts of each individual action and those of the group of actions as a whole (Section 11-200-7, HAR). A proposed action must be described in its entirety and cannot be broken up into component parts, which if each is taken separately, may have minimal impact on the environment. Segmenting a project generally is forbidden. If a project includes a later phase that cannot be fully described in the current EA because it will be implemented in the distant future (as opposed to the "reasonably foreseeable future"), the EA should disclose as much detail as possible about the future phase. Should the future phase of such a project eventually be proposed, a new environmental review document will be required at that time. 4) Cultural and archaeological site protections The consultant hired by the developer noted multiple areas of desecration and destruction of previously recorded sites, including heiau. Currently there is no burial treatment plan, no preservation plan, and no plan for access for lineal descendants to burials or cultural sites.The 2006 DEIS states "Construction activities undertaken within an area known to have numerous archaeological sites and cultural resources may inadvertently cause damage to some resources. " The 2023 consultant recommends archaeological and cultural monitoring, adequate buffers, preservation in place, rules to protect and allow access, and consultation with descendants. Until these plans are in place,the SMA should be deferred or provisional. Hawaii Supreme Court has recognized that all agencies have constitutional duties to protect Native Hawaiian rights and public trust resources. Hawaii Constitution Article XII Section VII. Ka'u Community Development Plan Policy 70: Protect, restore,and enhance the sites, buildings,and objects of significant historical and cultural importance to Hawaii.(GP 6.2(a)) Protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua'a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights.(Hawaii State Constitution,Article 12, section 7; HRS§§ 1-1&7-1; Ka Pa'akai o ka 'Aina v. Land Use Comm'n, 94 Hawaii 31 (2000);Pele Defense Fund v.Paty, 73 Haw. 578 (1992)) Policy 79 Ensure appropriate public access to the shoreline, public trails, hunting areas, scenic places and vistas, and significant historic sites, buildings, and objects of public interest. Additionally,ensure access for cultural practitioners. (GP 6.2(b), 7.3(a), and 8.3(r)) 5) Infrastructure fails to meet safety standards D Ward Comments 6