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

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Protections and policies have not been met in this SMA Application. Protection of 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 Hawai`i 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)) It should be noted that as of January, 2024, many of the existing walls, buildings, and structures are now 50+years old, deeming them as "historic properties." Protections need to be in place for these areas in consultation with SHPD and archaeologists. We emphasize that prior to the review or even submittal of any SMAApplication at this area, SHPD must address the recommendations provided by the AIS and the supplemental AIS so that proper preservation plans and burial treatment plans be solidly in place prior to any land alteration. The site plan for the wellness center sits on previously disturbed land, however the AIS and supplemental AIS acknowledge the large number of archaeological disturbances from previous owners. It is likely that`iwi kupuna will be exposed during grubbing and grading, and proper plans must be in order and regulated by the State. 4. This SMAA includes many plans which do not comply with the Ka`n Community Development Plan. The Ka`u Community Developmenmt Plan(Ka`u CDP)is a document created over many years with much thoughtful planning and articulation by many members of our community. The fish market, restaurant and restrooms planned across from the old restaurant and the new "Welcome Center" are approximately 200' from the shoreline. This ignores the policies outlined in the Ka`u CDP (HAWAII COUNTY ORDINANCE 2017-66). According to the Ka`u CDP, "A large number of CDP objectives and strategies intersect at Punalu`u, which has a rich ecological, historical, and cultural legacy and is dear to the hearts of most residents to this day." Retail, dining, and entertainment centers should be located in existing towns,not adjacent to an already crowded shoreline. The Ka`u CDP(Ordinance 2017-66)specifies the following policies: Policy 23: Protect the shoreline from the encroachment of man-made improvements and structures. (GP 8.3(d)) Policy 24: Maintain the shoreline for recreational,cultural, education, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general public. (GP 8.3(c)) Policy 25: Protect and conserve forest and coastal areas with native wildlife, natural ecosystems, and wilderness. (GP 8.4) Policy 26: Encourage those developments that are not coastal dependent to locate in inland areas. (HRS 205A-2(c)(3(D))