2024-03-18 ACK LTR TO DAVID KIMO FRANKEL RE_AMENDED PETITION (PL-CCH-2024-000024, PL-SMA-2023-000046)

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Relying upon the posted agenda for the March 7,2024 meeting',and having difficulty finding an attorney, `lewe Hanau o Ka `Aina did not file its petition for a contested case hearing earlier. 'Iewe Hanau o Ka 'Aina is an'unincorporated hui of Ka'u residents who desire to protect the cultural practices,natural resources, and stunning beauty of Punalu'u. The protection of iwi and honu are of great importance. Members of'Iewe llanau o Ka `Aina walk along the Punalu'u coastline, swim at Punalu'u Beach,observe marine life,provide stewardship of the land,work to protect the honu that live in the area,gather marine life,participate in cultural protocol,and respect the burials in the area. 'tewe Hanau o Ka `Aina includes Native Hawaiians with deep cultural connections to Punalu'u. The interests of'lewe Hanau o Ka 'Aina and its members would be adversely affected by the proposed project in numerous ways. The phrase"clearly distinguishable from that of the general public"has been misinterpreted by generations of lawyers.No one needs to establish the uniqueness of their injury. Rather,all that needs to be shown is that'lewe Hanau o Ka'Aina and its members would be adversely affected by the proposed project. In 2006,the draft environmental impact statement for development of this land stated,"The onsite wastewater treatment plant is deteriorated and does not have sufficient capacity to serve the new load."(Page 1-15). "The Wastewater system is also old and obsolete. The technology is outdated.New development will require a significant upgrade or a replacement of the entire system and a requirement to meet newer,more stringent wastewater standards."(Page 3-2). Increasing the density in the area will tax the obsolete wastewater treatment plant and jeopardize the coastal water quality that members of'lewe Hanau o Ka 'Aina enjoy. Burials are still found through out the property. The restaurant was built on top of burials. On January 21, 1988 Sam Kaluna and Chris Bengay identified burials under existing structures at Sea Mountain(page XII-153 of the 1988 FEIS). The development threatens further desecration of burials. The threat to burials is a very real threat to members of 1ewe Ilanau o Ka 'Aina. Not only would 'lewe Hanau o Ka 'Aina and its members be adversely affected by the proposed project,but they enjoy a constitutional right to a contested case hearing.Their constitutionally- protected cultural practices would be jeopardized. Moreover,they have a right to a clean and healthful environment,as defined by HRS chapters 205A, 343 and 226.See Kahoina Ahupua`a Assn v. Maui Planning Comm n, 149 Hawaii 304,489 P.3d 408 (2021). These are property intereests. The agenda states"any person seeking to intervene as a party to a contested case hearing on Agenda Item No. 2 above is required to file a written request which must be received by the office of the Planning Department no later than seven(7)days prior to the Planning Commission's first public meeting on the matter."The agenda suggests that the deadline does not apply to Agenda Item No. 3.