2024-03-04 PL-SMA-2023-000046 Lillie Makaila Opposition Testimony

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Makaila Testimony RE: Black Sand Beach LLC Application for an SMA Windward Planning Commission March 7, 2024 report titled "Water-chemistry data collected in and near Kaloko-Honokohau National Historical Park, Hawaii, 2012-2014" provided scientific evidence of the linkage between groundwater and surface water. Report linked here: https://pubs.usgs.gov/publication/ofr20l4ll73. Increased facilities and visitors will require additional restrooms, with the corresponding wastewater infrastructure.All of these changes will have adverse effects on the sensitive shoreline environment. • The cultural impact assessment does an excellent job at articulatingthe abundance of cultural and historic sites found throughout the area. These sites will be adversely impacted if this permit is granted by the Commission. The cultural impact assessment also demonstrates that much of this 433-acre parcel was lived on by kupuna historically.Their house lots and garden lots are here. Their burial places are here. Most house lots include burial places for the`ohana on them,which would be disturbed during grading and grubbing. The cultural resources and traditional&customary practices outlined in this report clearly are still practiced by lineal descendants and live on today.This proposed development threatens the future of these cherished resources, and thereby this application should not be granted a permit. • Article XII, section VII of the State Constitution speaks to traditional and customary practices.The State of Hawaii, and its Boards and Commissions are legally responsible to ensure the protection of traditional and customary practices of the native people of Hawaii made actionable by the requirement to complete the Ka Pa`akai Framework analysis. A thorough Ka Pa`akai Framework analysis is needed to identify traditional and customary practices and native rights exercised in the vicinity of the proposed development and to clearly articulate how adverse impacts to these rights will be mitigated.A clear and thorough Ka Pa`akai Framework Analysis has not be included in the submittal of this application for a permit. It has not been referenced in any part of the application or the appendices.And, it likely has not been completed.As a Commission in the State of Hawaii, you have an obligation to ensure the fulfillment of Article XII, Section VII, and this application does not do so. And legally, this Commission can be held liable for approval of development without the fulfillment of the Ka Pa`akai Framework. It is my hope that this testimony is compelling enough to each of the Commissioners that you will not grant a permit for this proposed development. Please stand with the kanaka of Ka`u in your decision-making and do not approve this application. Mahalo a nui! Ola ka `aina, Lillie Makaila lillie.makaila@gmail.com Page 4 of 4