Laserfiche WebLink
allowed to proceed. The county has an affirmative duty to protect <br /> these cultural resources. Approval of the SMA permit at this time <br /> would violate that obligation. The Planning Department's <br /> recommendations do not adequately mitigate negative impacts. <br /> 2. Punalu`u has unique ecological diversity. It is home to rare and <br /> endangered native animals, including hawksbill sea turtles, green <br /> sea turtles, Hawaiian monk seals, native bees and orange-black <br /> damselflies. Punalu`u's shores are vital nesting grounds for sea <br /> turtles. The SMA permit application and Planning Department <br /> recommendations do not sufficiently address negative impacts to <br /> threatened and endangered species. <br /> 3. The current wastewater treatment plant is outdated at 50 years old. <br /> The treatment system only treats water to remove fecal bacteria. <br /> Current Department of Health standards require wastewater <br /> treatment to remove harmful viruses and bacteria, as well. It is not <br /> known how damaged the wastewater collection system is, so it is <br /> likely leaking into groundwater. Wastewater is pumped into infiltration <br /> basins that flow into groundwater. This groundwater then flows into <br /> nearshore marine waters. The Hawaii State Supreme Court has <br /> ruled the county has an affirmative duty to protect nearshore marine <br /> waters. This public trust resource is at risk. A 2006 Draft <br /> Environmental Impact Statement stated, "[t]he project's engineers <br /> have assumed the treatment plant will be replaced when the new <br /> development begins." The Planning Department's recommendations <br /> do not address the existing serious wastewater problems. A <br /> Supplemental Environmental Impact Statement (SETS) must be <br /> completed before the SMA permit application can be approved and <br /> the wastewater treatment plant must be replaced and operational <br /> before the SMA permit is approved. <br /> 4. The Planning Director waived the requirement for shoreline <br /> certification. Given the degree of climate change since the last <br /> shoreline certification was completed, a new shoreline certification <br /> should be required prior to approval of SMA permit application. A <br /> tsunami in November 1975 damaged the restaurant located on the <br /> nearshore anchialine pool. The SMA permit allows for reconstruction <br /> of the restaurant, other amenities, and landscaping around the <br /> anchialine pool, which would result in irreparable harm to this public <br /> trust resource. <br /> 5. Since the 1988 Final Environmental Impact Statement was <br />