2024-03-05 PL-SMA-2023-000046 Center for Biological Diversity & Sierra Club of Hawaii Opposition Testimony (Submitted by Maxx Phillips, Esq.)

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regulatory regime to allow for making an application for the permit in the state of Hawai`i. o The lack of a permit application and regulatory regime for such discharges warrants SMA permit withdrawal or denial. 4. Ecological Diversity and Endangered Species: o Inadequate addressing of negative impacts on threatened and endangered species, including hawksbill sea turtles, green sea turtles, Hawaiian monk seals,native bees, and damselflies. o For example, Jason Turner, UH Marine Biologist has stated, "Punalu`u coastline meets the strict criteria needed for the turtles to lay eggs; 1 in 10,000 make it back to their nest again. Minimal environmental practices and development will affect and change the life of the sea turtles and all of the species. The need to look at the areas of Ka`u coastline should be put on a priority list for protection." o The permit application is lacking in quality information; there are no estimates of how much the proposed facility will increase the number of visitors using the proposed development in a day or increase the overall traffic and visitors to the shoreline area that includes nesting areas for endangered sea turtles. There are no estimated occupancy rates for the"wellness center" or the "Aspen Institute." Without this vital information it is impossible to know the true impacts to the native,threatened, and endangered species of Punalu`u. o Irrigation of lawn areas surrounding the anchialine ponds will result in elevated nutrient levels from fertilization, as well as the introduction of pesticides and herbicides. Development should not be allowed around this endangered habitat. o The SMA permit and Planning Department recommendations lack sufficient analysis, information, and measures to protect these vital ecological resources. 5. Shoreline Certification and Climate Change: o Waiving the requirement for shoreline certification is unjustified, especially given climate change impacts and the potential for sea-level rise. o Reconstruction near the anchialine pool poses irreparable harm and demands a revised certification in light of current conditions. o The SMA permit application does not adequately consider and mitigate the inevitable effects of climate change on the project and shoreline. The SMA is required to consider sea level rise and inundation caused by climate change. In addition, a tsunami is November 1975 severely damaged the restaurant adjacent to the anchialine pool. A shoreline certification that complies with law addressing climate change must be conducted. 6. Cumulative Impacts and Community Development Plan Violations: o Failure to comply with the Ka`u Community Development Plan and inadequate consideration of cumulative impacts from population growth and increased tourism. o A SEIS is imperative to assess additional impacts on traffic and infrastructure. In light of the legal deficiencies outlined, and many more detailed extensively by the community, we respectfully request that this Commission deny the SMA permit application. While the concerns raised are not exhaustive, we assert that compliance with legal standards is paramount to protect Hawai`i's unique cultural, historical, and environmental heritage.