Applicantʻs Memorandum in Opposition to First Amended Petition

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may have misled a reasonable person into believing the present application was not subject to the 7-day filing requirement. L BACKGROUND "Black Sand Beach LLC has done tremendous things for our community. Giving a local nonprofit 3 acres of land and 2 greenhouses to garden through the pandemic...donated cattle to help feed the community. They have donated to the hospital as well as Naalehu Elementary School. "I say if not Black Sand Beach LLC,then who? No other company that has come to Ka`u ever thought about the community and their needs. They want to help preserve the 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. -2- 3302522x2