Petitioner ʻIewe Hanau O Ka Ainaʻs Reply in Support of its First Amended Petition

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Second, it ignores the planning commission's Rule 4-6(b)(5), which explicitly admits as parties "Persons who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, who practice those rights which are customarily and traditionally exercised for subsistence, cultural or religious purposes." The supreme court specifically held that native Hawaiians who have exercised traditional and customary practices have an interest in a proceeding for the approval of an SMA permit that is clearly distinguishable from that of the general public. Public Access Shoreline Hawaii v. Hawaii County Planning Com'n, 79 Hawai'i 425, 434, 903 P.2d 1246, 1255 (1995). Nohea Ka`awa, a member of`Iewe Hanau o Ka `Rina testified to you back in March about her cultural connection to the area. She, and other members of `Iewe Hanau o Ka `Rina engage in cultural practices in the area and cares deeply about the protection of iwi. Iwi and traditional and customary practices would be adversely affected by this proj ect. Third, Black Sand Beach LLC ignores the planning commission's Rule 4-6(b)(4), which allows the intervention of parties who are threatened with injury by the proposed project. In Cmty. Associations of Hualalai, Inc. v. Leeward Planning Comm'n, 150 Hawaii 241, 249, 500 P.3d 426, 434 (2021), the supreme court noted that residents who faced injuries, including noise and negative aesthetic effects from a nearby development had interests that were clearly distinguishable from that of the general public, and had a right to a contested case hearing. See also Akau v. Olohana Corp., 65 Haw. 383, 388, 652 P.2d 1130, 1134 (1982). The proposed project jeopardizes water quality. Attached is a document filed with the Public Utilities Commission that documents that"no new sewer connections [are] allowed until [the] facility is upgraded or rerated." Exhibit A at 5. While it can sort of handle existing capacity, there is no evidence that it can deal with any more sewage. The wastewater treatment plant is full of broken 2