2024-07-31 Elsa Dedman Testimony

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In reference to Mr. Lincoln Ashida, Black Sand Beach, LLC Position Statement dated 01 May 2024, page 2, Applicants SMA permit application were met: 1. The SMA permit application requirements were not met due to failure of the requirement of an updated and current Environmental Impact Statement. Once you go forward with disturbing the 'Aina (land), Kai (ocean) and the Wai(water); Punalu'u will suffer irreversible damage to the ecosystem and all life forms within the area. Further the direct effects currently has reached a critical mass with the foot and automobile traffic throughout. The safety and public health has currently been compromised and continues to be escalated by the lack of control and any form of regulation and scientific environmental study. Additionally, the Punalu'u Water and Sanitation (PWS), LLC infrastructure has been neglected since the purchase on 31 July 2018. Noted on Page 4, Public Utilities Commission Transfer of Ownership Docket No. 2018-0408: Buyer, C &A PUNALU'U, LLC, proposes to acquire one hundred percent (100%) of the membership interests of PWS, pursuant to that certain Amended and Restated Purchase and Sale Agreement by and between Seller and Buyer, executed July 31, 2018 ("PSA"). Buyer is a manager-managed Hawaii limited liability company, and its sole manager is Xiaoyuan Liu, who is also the sole member of Buyer. Ms. Liu is a successful real estate and business investor in the United States and internationally. If the Proposed Transaction is approved, PWS will be owned by C &A PUNALU'U, LLC, a domestic limited liability company, and will be indirectly owned by Ms. Liu, a single nonresident alien (a Hong Kong citizen). Xiaoyuan Liu as buyer said she was fit, willing and able to manage PWS and provide utility services. (Reference page 15 of Docket No. 2018-0408) Ms. Liu has failed to address the potable water backup systems for 7 years and the waste water systems that would eliminate a catastrophic failure nor has she addressed the fire suppression systems adequately. Ms. Liu has not managed the systems with a long overdue upgraded into an efficient automated process for the safety and wellbeing for all residents and owners in the area. 2. The propose development is not in compliance with an updated and current coastal survey to include complete metes and bounds.The last shoreline survey was dated 1976, 48 years ago. Secondly, this area is a Tsunami Zone with remnants of the C. Brewer's derelict buildings. Why would the developer plan to rebuild with sea level rising 8 to 9 inches in the past 50 years with the expected sea level rising 10 to 12 inches in the next 30 years? 3. The proposed development appears to be inconsistent with Policies, Controls in the Ka'u Community Development Plan as determined in the 11 July 2024 Action Committee Meeting at Pahala Community Center. 2