Applicantʻs Memorandum in Opposition to The Center of Biological Diversity Petition

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cultural sites,they want to preserve the shoreline and leave it available to the local community but lessen the impact of the tourists. "For over 30 years Punalu`u has been neglected. No one grumbled when the previous owners didn't do anything. Black Sand Beach LLC wants good development, not bad development. It will bring jobs for our community and keep them close to home,without having to drive for 4 hours every day to go to and from work. It will give opportunities for our up and coming generations. And it will teach not only locals but tourists who don't know about the diverse culture we have in Ka`u, and help them understand the need for sustainability of our lands and shorelines Candice Fragas Born and raised on Hawai`i Island 23 year Ka`u resident Via his report and recommendation to the Windward Planning Commission dated February 27, 2024, Planning Director Zendo Kern concluded that all four prongs of project development found in Section 205A-26(2), Hawaii Revised Statutes, as amended("HRS") and Rule 9-11(e) of the Planning Commission Rules of Practice and Procedure for the approval of Applicant's SMA permit application were met. In sum, the Planning Director found that: 1. The proposed development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. 2. The proposed development is consistent with the objectives and policies as provided by HRS Chapter 205A, and Special Management Area guidelines contained in Rule No. 9 of the Planning Commission Rules of Practice and Procedure. 3. The proposed development is consistent with the County General Plan, Ka`u Community Development Plan (KCDP),Zoning Code, and other applicable ordinances. 4. The development will,to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. From 1968 to 1975, C. Brewer Properties, Ltd. developed Sea Mountain at Punalu`u, an 18-hole golf course community that included the Colony I condominium project,the Kalana I single-family residential subdivision,Aspen Institute Center for Humanistic Studies, Black Sands Restaurant, and the Ka`u Center for History and Culture. -2-