Applicantʻs Memorandum in Opposition to First Amended Petition

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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. Unfortunately, ownership of the project site changed hands a number of times over the years, spurred by the effects of a tsunami in the 1970's, an appeal of an SMA Permit in the early 1990's for a much larger project concept, and a 2006 revised project concept that never materialized,which then stalled any significant attempt by the previous landowners to maintain the project site and its existing facilities and infrastructural systems. The unsightly and dilapidated project currently creates not only an eyesore, but public health and safety concerns such as wildfire. What Black Sand Beach LLC is NOT is a large, exclusive, and luxury-laden resort that may be found in some areas of West Hawaii. The practical reality is Black Sand Beach LLC will rehabilitate the area, remedy public health and safety concerns, dedicate 30 acres of shoreline for conservation purposes, focus all development activities far away from coastal areas, and develop only 147 of the entire 434-acre project site. Only 225 units for residences and short-term stays will be built as opposed to the nearly 3,000 units earlier proposed by the C. Brewer project. In sum, this project will seek to restore this beautiful area of our Hawai`i Island and protect our most precious natural resources. What is clear about the Black Sand Beach LLC project is this: • They do what is pono. -3- 3302522x2