2024-03-04 PL-SMA-2023-000046 Nohea Ka'awa Members of SMA2023-046 Working Group Opposition Testimony

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Water sources: The DEIS 2006 states: There are currently two deep wells, located approximately 200 feet apart, and a pump station sited makai of the State Highway near the site entrance. These Niinole wells are used as a potable water supply for the existing residential development as well as water supply for the irrigation of the golf course. These wells have combined pumping capacity of 3.0 million gallons per day (mgd). These wells appear to be in very poor repair and may need to be further inspected by video equipment and water quality testing prior to integration into the potable water system for the proposed community (Figure 4-15). The wells have a working chlorination system; however,the well piping and equipment is in very poor repair and will require replacement if the wells are used with the proposed project. A concrete reservoir of approximately I million gallon capacity is located mauka of the Kalana I residences above the Hawaii Belt Highway. This reservoir, with a High Water Level (HWL) of approximately 305 feet elevation, provides the basis for water pressure throughout the existing community, and has been leaking for some time as indicated by previous engineering studies. 2. Conservation land needs to be explicitly defined and solidified prior to hearing this SMA Application. There is confusion as to which areas will be considered preserved as conservation lands and by what means. Of the 434 acres included in this project, less than 30 are to be set aside for conservation in one way or another. The SMAA states that: "The intent of the conservation area is to set aside these coastal lands in public trust for coastal recreational and subsistence opportunities, protection of historic resources and cultural practices, protection of sensitive natural resources and coastal processes." However,the SMA lacks a clear definition of how these lands will be conserved and by whom. It is a realistic probability that if the current landowner were to sell this land, coastal protections may not be included. We believe that prior to hearing this SMAA, the County should work with the landowner to finalize negotiations regarding protecting the entire coastline and coastal habitats,not just 29 acres which do not include the beach. Privatizing Punalu`u beach is by no means beneficial to the Ka`u community or the coastal resources at Punalu`u. 3. There is no burial treatment plan in place nor cultural and archeaological site protections.We demand that the State Historic Preservation Division(SHPD)reviews the recommendations and that a preservation plan, burial treatment plan and a plan for access for lineal descendats to burials and cultural sites be completed. The consultant hired by the developer noted multiple areas of desecration and destruction of previously recorded sites, including heiau. The 2006 DEIS states that " 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. The 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.Policy 70 to protect, restore, and enhance the sites, buildings, and objects of significant historical and cultural importance to Hawaii. (GP 6.2(a))