HomeMy WebLinkAbout2025-01-16 Chuck Flaherty, Moku Loa Group, Sierra Group From: ptanok12(�bomail.com on behalf of Moku Loa Hawaii Island Sierra Club
To: LPCtestimonv
Subject: Written testimony on draft GP2045
Date: Thursday,January 16,2025 11:05:58 AM
Attachments: LPC GP2045 01-16-25 testimonv.docx
Pu"u Ohau Cultural Preserve-Excerpts from LUC Docket A06-769.1)df
Pu"u Ohau Cultural Preserve-Excerpts from SEISPN, Dec. 2007.pdf
Pu"u Ohau desecration flver.pdf
Hilo WWTP proposed permit renewal,01-12-25 comments FINAL.docx
Aloha,
Please see attached testimony and supporting documents.
Mahalo,
Chuck Flaherty, Chairperson
Moku Loa (Hawaii Island) Group, Sierra Club
We work hard to advance Sierra Club's mission to explore, enjoy, and protect the wild
places of the earth, to practice and promote the responsible use of the earth's
ecosystems and resources; to educate and enlist humanity to protect and restore the
quality of the natural and human environment; and to use all lawful means to carry out
these objectives.
SIERRACLUB
HAWAII ISLAND GROUP
January 16, 2025
Leeward Planning Commission
101 Pauahi St, Ste 103
Hilo HI 96720
Re: Final draft General Plan 2045
Aloha Mr. Chair and members of the Leeward Planning Commission,
The Sierra Club of Hawai'i, Hawai'i Island Group would like to request the Commission
consider the following recommended amendments to the draft General Plan 2045 (GP2045).
Standards
HIG would like to correct a statement made by the Planning Department during the
Commission's December 19, 2025 meeting in response to public testimony that GP2045 lacked
sufficient standards. A statement was made that GP2045 contains 115 Standards. That is not
correct.
Section 3-15 of the county Charter states, in part, "The general plan shall contain a statement of
development objectives, standards and principles with respect to the most desirable use of land
within the county..."
The current General Plan (cGP) complies with the Charter by stating specific Standards for each
of the 13 Elements of the cGP.
However, GP2045 does not.
A key word search for"standard" in the online version of GP2045 reveals the only Standards
are listed in 5 Tables, "Public Access Spacing Standards" (p.112), "Mass Transit Level of
Service Standards" (p. 114), "Water System Domestic Consumption Standards" (p.120),
"Protective Services Level of Service Standards" (p. 134), and"Park Standards" (p. 160). The
only other Standards in GP2045 "Roadway Standards" (p. 120, "Street Standards" (p. 120) and
the "County Street Design Manual referred to as a Standard on page 118.
All other results for the key word search for"standard" are contained in sentences as follows:
"develop standards", "meet standards", "create standards", "establish standards", "set
standards", "maintain standards", "adopt standards". "identify standards", and"prepare
P 0 Box 1137 Hilo, HI 96721-1137 1 hawaiiislandsierraclubPgmail.com sierraclubhig.org
standards". These are not statements of standards, nor do any of the sentences reference specific
standards.
This analysis proves that GP2045 does not fully comply with the county Charter's requirement
for statements of standards, especially when compared to the Standards currently contained
within cGP.
In order to comply with the county Charter, HIG recommends the Commission and the Planning
Department work to develop recommended amendments to provide comprehensive standards
using the existing Standards in the cGP as a basis.
GP2045, Section 2. Collaborative Biocultliral Stewardship Goal, Objectives,Policies, and
Actions
HIG urges the Commission to compare the excepts, as related to public access and trails,
provided at the end of this testimony from the draft General Plan 2040 (GP2040)released in
2019 and the language contained in the draft GP2045.
As you will see in the excerpts, the extensive and substantive language supporting trails and
public access in the draft GP2040 was effective stripped from the draft GP2045.
GP2040 contained 15 Policies and 18 Actions under"Public Access and Trails".
However, in GP2045, a key word search must be performed for the words "public access" and
"trails"in order find the Policies or Actions related to these two topics. After doing so, there are
only 11 Policies and only 3 actions that contain those words...a shocking and inexplicable result
as compared to GP2045.
HIG urges the Commission to recommend amendments to include the Policies and Actions from
the GP2040 which present both an organized and clear path forward for public access, trails, and
recreation in the coming decades.
Pu'u Ohau
In 1999,the Hawai'i Island Burial Council designated the entirety of Pu'u Ohau from its base to
its summit as a burial site and royal mausoleum as a result of the significance of the burials
present on this pu'u within 1250 Oceanside Partners' Hokuli'a project(Hokuli'a).
Attached to this testimony, the Commission will find excerpts from the 1250 Oceanside Partners'
Petition to the state Land Use Commission (Docket A06-179) and a Supplemental
Environmental Statement Public Notice, which requested moving two Cultural Preserves
comprising 12 acres on and around Pu'u Ohau into the state land use Conservation district.
Docket A06-179 contains the following statements:
"Petitioner is establishing two Cultural Practice and Preservation Areas (Cultural Preserves'),
comprising a total of approximately 12 acres, where lineal and cultural descendants may engage
in traditional cultural practices." (p. 18)
" Another significant protective measure concerns the burial site of Kamaeo'kalani, near
the summit ofPu'u Ohau, which is a significant historic and cultural site. This site is located
within the Conservation District and outside the Petition Area. In order to provide an additional
buffer around this site, Petitioner has agreed to abandon the development of five previously
subdivided lots presently within the Agricultural District along the current Conservation District
boundary. The area included in such lots is part of the area for which the instant Petition seeks
reclassification to the Conservation District. Petitioner will also construct a gated wall or other
buffer to restrict access to, and to protect and preserve. the burial site of Kamaeo'kalani and
other cultural resources within the buffered area."
"These mitigation measures will ensure that traditional and customary native Hawaiian
rights, customs and practices will be preserved and protected in a feasible manner [emphasis
added]." (see attached,p. 33)
This language reflects the legal elements contained in both the state constitution and state
Supreme Court rulings intended to protect kanaka maoli traditional and customary practices and
other legal rights. They are explicit statements that these areas contain constitutionally-protected
cultural and historic resources and rights.
Past protests and vigils in support of Pu'u Ohau and the Hawai'i Island Burial Council (see
attached flyer) clearly show there has been extensive community support for a recommended
amendment that moves the two Cultural Preserve areas in Conservation as shown in the maps
contained within Docket A06-179 and the SEISPN attached to this testimony.
HIG urges the Commission avoid a repeat of the pain and suffering that would be caused to the
kanaka maoli community and their rights and traditional and customary rights as occurred in the
early 2000s.
Please recommend an amendment to the GP land use map to protect and preserve these areas in
perpetuity.
Wastewater Treatment
HIG is developing testimony to recommend an amendment to provide timely and orderly
funding for and implementation of the three Administrative Orders on Consent that require the
county to undertake repairs, retrofitting, upgrades, expansion of both facilities and service areas
throughout the county.
Meanwhile,please see the attached letter HIG providing comments on the renewal of the Hilo
wastewater treatment plant which presents many issues not yet addressed in GP2045.
Mahalo for this opportunity to testify.
Excerpts from draft General Plan 2040 (released in 2019)
PROMOTING ACTIVE LIVING THROUGH RECREATION , TRAILS , & PUBLIC ACCESS
Public Access& Trails
SUSTAINABILITY OBJECTIVE
Number of public access sites created through acquisition or easement or enhanced with
assistance from CZM funding or staff.
POLICY
404. The County of Hawaii shall establish: public access to and along the shoreline to
significant historic sites, public transit along the top of cliff, streams and other natural
water courses, mauka trails, facilities, and access to sites for gathering, hunting, and
other recreational purposes and in accordance with Hawaii County Code Chapter 34.
[Rationale: Based on existing County Code 34, General Plan Policy 12.3 (1, m), Ka`u CDP
Policy 81, and Hamakua CDP Policy 48]
405. Subdividers of six or more lots,parcels, units, or interests shall be required to dedicate
land for public access for pedestrian travel from a public highway or street to the land
below the high-water mark on any coastal shoreline or to areas in the mountains where
there are existing facilities for hiking, hunting, fruit-picking, ti leaf sliding, and other
recreational purposes, and where there are existing mountain trails.
[Rationale: Based on existing HRS 46-6.5 and HCC 34-4(c)).]
406. Prior to disposing of, leasing, or transferring public lands, including public roads or trails,
public access potentials shall be assessed, documented and protected if public access
use is in the public's interest.
[Rationale: Based on existing HRS Section 46-1.5, Hamakua CDP Policy 50, and General
Plan 12.3 (n).]
407. Ensure that publicly owned historic trails and roads are properly identified, and
consultation occurs to protect the public's interests.
[Rationale: Based on the Highways Act of 1892, Hamakua CDP Policy 50, and the General
Plan 12.3 (n).]
408. Alignment of coastal trails shall consider flexibility for realignment for sea level rise and
other dynamic shoreline changes. [Climate Change]
[Rationale: Based on current status of some impacted coastal areas and research relating
to projected sea level rise impacts on coastal assets. See also California Coastal
Commission Sea Level Rise Policy Guidance.]
409. Determine the location and ownership of historic trails and roads as early as possible in
the land use application process.
[Rationale: Based on identified challenges with ownership of historic trails and roads and
the subsequent legal implications. See also General Plan Policy 13.2.3 (q)]
410. Where a subdivision is traversed by a natural water course, drainage way, channel, or
stream, the Planning Director should require a pedestrian, equestrian, and/or bicycle
path when the opportunity exists to connect to existing or future drainage or trail
corridors.
411. Trails may also be used as emergency access routes, where appropriate.
412. Support the development of a Rails to Trails type program to facilitate the conversion of
old railway segments to a public trail network.
413. Seek private-public partnerships to manage and maintain public access to the shoreline,
public trails, hunting areas, scenic places and vistas, and significant historic sites,
buildings, and objects of public interest. [Public Access]
414. Explore options and collaborate with community groups to increase access to former
sugar cane roads to be used as non-motorized trails where feasible and appropriate.
ACTION
4.49 Amend code to require bicycle and walking path easements be developed in urban
areas to increase walkability and multimodal transportation options. [Code]
4.50 Work with the State and adjacent landowners in establishing old railroad right-of-
ways as pedestrian and bicycle trails.
4.51 Identify by GPS coordinates all existing historic trail alignments that(a) have been
recommended for preservation by SHPD, (b) appear on historic maps and/or are
known by oral tradition, and incorporate these into the County GIS database.
4.52 Actively implement the Ala Kahakai National Historic Trail Memorandum of
Understanding.
4.53 Appropriate, finance, allot, and encumber Capital Improvement Projects in support
of trail development as part of a regional trail system.
4.54 Add public access requirements as listed in Hawaii County Code Chapter 34 Public
Access to apply to Chapter 23 Subdivision Code, SMA review, zoning code, special
permits, etc. [Code]
4.55 Develop and implement a public-private program to establish and manage specific
access points and trails.
SUSTAINABILITY OBJECTIVE
Develop and maintain a public access program that integrates recreation, subsistence, and
cultural
access priorities.
POLICY
415. Integrate Public Access into County department priorities in the following ways:
a) Incorporate public access and development into a program overseen by the
Planning Department as per Chapter 34.
b) Integrate PONC property management and maintenance into the Parks and
Recreation code in Chapter 2: Article 11 and Chapter 15: Parks and Recreation.
c) Develop adequate staff to carry out the provisions of Chapter 2 Article 42,relating
to the PONC maintenance fund (as per: Section 2-214.2 (b). Pursuant to section
10-16(c) of the Charter, the maintenance fund shall be administered and managed
by the department of parks and recreation. Adequate staff to carry out the
provisions of this article and section 10-16 of the Charter shall be provided in the
department of parks and recreation.
[Rationale: Based on identified gaps in addressing or applying public access regulations
and procedures consistently between the various County Departments. The County
lacks capacity to fulfill its existing public access objectives without increasing staff
capacity, maintenance capacity, and without having clearer directives between the
various departments to implement a cohesive public access program.]
416. Integrate County public access priorities in all aspects of land use decisions and permit
reviews.
417. Consistently integrate public access development and maintenance into Parks and
Recreation department priorities.
418. Support facility development for access management at access points and along trail
corridors.
ACTION
4.56 Establish a County of Hawaii Public Access and Trail Program with sufficient staff
and resources. Staff will be required to consult/consider recommendations of this
program in all permit reviews. Elements of this program may include:
a) A comprehensive access inventory;
b) A public access rating system to help with prioritization;
c) Comprehensive reviews of projects (on public or private lands)that will
affect public accesses and trails;
d) Inventory of ancient trails, cart roads, and old government roads in
coordination with appropriate State agencies.
e)Public outreach and coordination element.
f) Identify agencies/groups to develop, administer, and maintain public
accesses, including developing County capacity for this purpose;
g)Identify funding sources to purchase and manage public access easement
to priority areas;
h) When public access goals will involve several landowners, acquire the public
access incrementally as opportunities arise to do so;
i)Public accesses that cross private land will be acquired and held until
appropriate management of the accesses is in place;
j) Collaborate with State and Federal agencies on public accesses that require
multi-agency involvement;
k) Develop a standardized template to promote consistency and
comprehensiveness in the public access plans required by landowners;
1)Partner with community organizations capable of assisting with public
access management;
m) Work with State agencies (particularly with DOFAW)to coordinate, survey,
develop, and manage public trails and roads leading to forest reserves;
n) In co-sponsorship with the State when possible, acquire land for public
access to historic sites and objects and to the shoreline where safe transit
does not already exist;
o) Reinstitute a Public Access Wayfinding program managed by the Planning
Department to assist interested community groups in maintaining
appropriate signage at public access points;
p)Provide cultural and safety information at trailheads;
q) Provide for substantive community input to the County Planning
Department and the County Council in order to finalize and accept priority
access. Include community input in program policy.
r) Whenever the County assumes the responsibility for posting and
maintaining signage and maintaining public accesses and other public
infrastructure, a specific County agency will be identified and assigned the
aforementioned responsibilities. [Code, Public Access]
4.57 Amend the subdivision code to better address public access issues in the following
ways:
a) Revise/Develop enforcement protocols for public access violations,
including fines for noncompliance and mechanisms to remove private
obstructions from public accesses;
b) Review Hawaii County Code Chapter 34 requirements for public access
standards, including design that fits into surrounding community,
environment, and conditions. Establish parameters for requiring
appropriate right-of-way,parking, and comfort stations for various types of
public accesses/trails and incorporate these into Chapter 34;
c) Amend Hawaii County Code Chapter 34 to develop a clear methodology to
modify public access routes in order to adapt to sea level rise, landslides
and erosion, and other impacts related to environmental impacts and
climate change;
d) Amend Hawaii County Code Chapter 34, Rule 21, Chapter 23, and
Chapter25 CA 1.1.1 to ensure access and trail rights-of-way during
subdivision. [Code]
4.58 Complete an inventory and database of significant natural resource areas with
recreational and trail connectivity value.
4.59 Adopt an on-going program of identification, designation, and acquisition of areas
with existing or potential recreational resources, such as land with sandy beaches
and other prime areas for shoreline recreation in cooperation with appropriate
governmental agencies.
4.60 Develop procedural rules and templates for public access agreements and Grant of
Easement(GOE)to facilitate consistency and to provide mechanisms for tracking,
follow-through, and geographic information system (GIS) identification in County
of Hawaii systems, etc.
4.61 Develop procedural guidelines for renegotiating access agreements.
4.62 Renegotiate public accesses that were developed prior to Chapter 34 to be
consistent with Chapter 34.
4.63 Evaluate and initiate Charter& code amendments related to Public Access, Open
Space and Natural Resource Preservation (PONC). These may include:
a) Clearly distinguish categories of PONC property, such as active or passive
use, conservation,restoration, natural buffer areas, access uses, etc. (for AGENCY ACTION).
instance, lands acquired to provide access versus lands acquired to
preserve from development that may not be appropriate for public access).
b) Amend Charter Section 10-5 c & f to allow PONC funds to be used for the
planning, design, development of new buildings, facilities, (including
comfort stations) or infrastructure such as roads,paths, bridges, culverts,
ramps, or drainage features if such improvements are necessary to meet
the objectives of public safety and to meet the purposes outlined in Hawaii
County Code 2-214.1. [Code]
c) Interpret or amend Charter Section 10-15 (c) 3 and County Code Section 2-
214.1 c) 3 referring to natural resource buffer zones to include buffer zones
for natural hazard areas, such as properties facing sea level rise, lava
inundation, steep slopes, or identified priority viewsheds. [Code]
d) Include assessments of tax revenue implications for lands nominated for
PONC consideration.
e) Amend Charter section 10-15 (c) and County Code Section 2-214.1 (c) to be
consistent with each other. For example, the County Code allows PONC
funds to be used for"significant habitat or ecosystems"but the Charter
does not include those terms. [Code]
4.64 Amend Chapter 15 to include PONC and trail development as part of the Parks and
Recreation Department's priorities to be consistent with Chapter 34 in partnership
with the Planning Department.[Code]
4.65 Conduct a performance review of the PONC Maintenance Fund and Stewardship
Grant program to identify and implement ways to improve PONC management
system.
4.66 Amend Hawaii County Code Section 2-218 Prioritized list of qualifying lands worthy
of preservation to establish a means to evaluate the socio-environmental equity of
the lands nominated by district. Such as:
a) When there are multiple lands under consideration at any one time,priority
shall be given to coastal lands and lands where matching funding is available
to leverage the County contribution;
b) Consideration should be given to lands within districts under-represented
by PONC preservation program. [Code]
4.67 Coordinate with State agencies to improve access and access/trail management
resources (including policies, conditions, identification, cataloguing, enforcement,
maintenance, etc.).
4.68 Consider establishing a working group with surrounding land owners and the user-
community to educate users and manage ATV use to ensure that non-pedestrian
allowances are not permitted within sections of modern trails that overlap, are
congruent, or correspond to ancient or historic trails and its associated features.
4.69 Coordinate with hunting associations and other land stewards, to establish clear
hunting policies and disseminate education regarding these policies.
4.70 To facilitate greater public access to and along the shoreline and elsewhere, amend
Hawaii Revised Statutes 520, Hawai`i's Recreational Use Statute (RUS), to make it
less ambiguous and to discourage frivolous lawsuits.
Excerpts from draft General Plan 2045 (released in 2023)
2. Collaborative Biocultural Stewardship Goal, Objectives, Policies, and Actions
Objective 2
Preserve and enhance the health and function of watersheds to promote water
recharge, improve water quality, and reduce runoff.
Policy 2.5 Watershed management planning should recognize the ecosystem service value of
watersheds and open space to protect scenic vistas and aesthetic values; water recharge; carbon
sequestration; oxygen production; habitat enhancement and preservation; fire suppression and
fuel load management; soil conservation; preservation of cultural values; and the potential for
additional public access and recreation
nal opportunities.
Objective 4
The historical integrity, character, scenic assets, and open spaces of our
communities are protected, restored, and treated as unique assets with significant social and
economic value and managed in perpetuity.
Policy 4.2 Increase public access opportunities to scenic places and vistas.
Policy 4.3 Public access to significant historic sites and objects should be acquired, where
appropriate.
4. Land Use, 1.4 Urban Growth Areas
Objective 13
Increase the use of Smart Growth principles to focus development within designated
urban centers.
Policy 13.6 The establishment of urban types of zoning may include additional acreages to
accountfor
acreages utilized for public benefits, such as historic sites,public access,parks, and open space.
Policy 13.43 Coastal resort developments shall provide public access to and public parking for
beach and
shoreline areas.
Policy 13.44 The development or designation of new resort areas should complement the
character of the area; protect the environment and natural beauty; respect existing lifestyles,
cultural practices, and
cultural resources; and provide shoreline public access.
4.2.3 Active Living Corridors and Public Access
Objective 17
Increase transportation connect
Policy 17.5 Ensure that existing active living corridors that are publicly owned or available by
easement are properly identified and that their access elements are secured and documented.
a)Primary examples include but are not limited to historic trails and roads,roads-in-limbo,
`paper roads', former sugar cane roads,train infrastructure remnants (Rails to Trails), and
pedestrian
and bicycling paths.
b) "Acceptance"by the County of the responsibilities detailed in the grant of easements should
require County Council action and a dedicated funding source.
Policy 17.6 Provide public pedestrian access opportunities to scenic places and vistas.
Policy 17.7 Establish public access to historic and modern active living corridors and facilities
that provide an island-wide route and connect to major destinations.
Action 17.a Develop and adopt a program to establish public access to historic and modern
active living corridors and facilities that provide an island-wide route and connect to major
destinations.
4. Public Facilities and Services 4.6 Recreation
Objective 35
Park facilities are located within a 10-minute walk in urban areas and a 10-minute
drive in rural communities.
Policy 35.19 Prioritize park acquisition and improvements that involve under-represented open
recreation and healthy living activities (outside the scope of organized sports), such as:
a) Walking and biking trails
Action 35.d Partner with government,private and nonprofit agencies, and other stakeholders to
initiate joint agreements for funding, management, and maintenance for recreation, shared use
spaces, hardened shelters, and public access priorities.
Action 35.cc Expand active open recreational opportunities at the Pana`ewa Rainforest Zoo and
Equestrian Center properties such as bike/walking trails, horse trails, dog-friendly trails, and
other outdoor recreation that would complement the Pana`ewa complex.
5.0 Thriving, Diverse, and Regenerative Economy, 4.1 Visitor Industry Goal, Objectives,
Policies, and Actions
Objective 48
Support the visitor industry investment in its connection with communities,the
`aina, and our historic and multicultural heritage.
Policy 48.6 Support the coordination, collaboration, and improvement of public access to natural
and cultural resources with State agencies and landowners while balancing the need for
protection of these areas.
Petition for Reclassification/Agricultural Land Use District to Rura... https://files.hawaii.gov/luc/dockets/aO6769oceanside/aO6769_1013...
Of Counsel:
4601- TSt K-i .AKI YFil &MOORE
C.
R.BEN TSUKAZAKI 1954 `
MICHAEL W.MOORE 3234
85 W. Lanikaula St.
Hilo, Hawaii 96720 T
phone(808)961-0055/fax(808)969-E 531
N i
Anomeys for I'ctilioner
BEFORE THE LAND USE COMMISSION
OF THE STATE OF HAWAI'I
In the matter ofthe Petition ) DOCKET ti0. A06 769
)
of )
1250 OCEANSIDE; PARTNERS )
)
To Amend the t.and Use DistriC Boundary )
of'('ertain Lands situate at j
` Noah and South Kona,Island of Hawaii, )
State of Hawaii; consisting of )
approximately 1,434.755 acres IrOm the )
Agricultural District to the Rural District )
and the Conservation District )
1
PF.TITION FOR LAND USE DIST.R1( I' Ro IINDARY AI►IENDNIENT-,
VERIFICATI01;
PETI-1"]0NVR'S EXIIIR11-S I - 10;
1 of 1040 12/22/2024,2:05 PM
Petition for Reclassification/Agricultural Land Use District to Rura... https://files.hawaii.gov/luc/dockets/aO6769occanside/aO6769_1013...
BEFORE THE LAND USE COMMISSION
OF THE STATE OF HAWAI'I
In the matter of the Petition ) DOCKET NO.A06-769
of )
1250 OCEANSIDE PARTNERS )
To Amend the Land Use District Boundary )
of Certain Lands situate at )
North and South Kona, Island ofHawai'i, )
State of Hawaii; consisting of )
approximately 1,434.755 acres from the )
Agricultural District to the Rural District )
and the Conservation District. )
PETITION FOR LAND USE DISTRICT BOUNDARY AMENDMENT
Petitioner, 1250 OCEANSIDE PARTNERS (hereinafter referred to as"Petitioner"),
hereby petitions the Land Use Commission(hereinafter"LUC")to amend the land use district
classification of certain lands situate at Honuaino 3 and 4,Hokukano 1 and 2,Kanaueue I and 2,
Haleki'i, Ke'eke'e, 'Ilikahi, Kanakau,Kalukalu,and Onouli 1,North and South Kona Districts,
Island of Hawaii,consisting of approximately 1,434.755 acres,as depicted in Petitioner's
Exhibit 1 attached hereto and incorporated herein ("Petition Area"), as follows:
(1) 1,418.739 acres of land from the State land use agricultural district("Agricultural
District")to the State land use rural district("Rural District"); and
(2) 16.016 acres of land from the Agricultural District to the State land use
conservation district("Conservation District").
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Petition for Reclassification/Agricultural Land Use District to Rura... https://files.hawaii.gov/luc/dockets/aO6769oceanside/aO6769 1013...
Among the historic sites and cultural resources identified in the AIS were
remnants of a historic trail,referred to as the"Stepping Stone Trail,"which runs north-south
through the makai portion of the Petition Area. Petitioner has entered into an agreement with
DLNR and others,pursuant to which(i)Petitioner will execute a quitclaim deed conveying its
interest in the trail to the State of Hawaii;(ii)DLNR will designate the trail as a preservation
site on terms permitting only pedestrian use(other than roadway,cart path and underground
crossings related to the Project);(iii)Petitioner will restore and reconstruct the southern section
of the trail; (iv)Petitioner will establish a protective buffer zone on both sides of the trail; and(v)
Petitioner will establish and maintain in perpetuity two interpretive sites alongside the trail.
The Petitioner has also agreed to take additional steps for the protection of
historic and cultural resources. These steps include the creation of a non-profit"Park and
Cultural Sites Entity"("PCSF). The PCSE will be responsible for the maintenance of the
shoreline park and the preserved cultural and historical sites therein, as well as all other cultural
and historic sites to be preserved in perpetuity throughout the Project. The PCSE will also be
responsible for the preservation of the Stepping Stone Trail,the Old Government Road and the
Old Cart Road. The PCSE will develop educational materials and programs designed to
encourage understanding and appreciation of these resources and will develop standards for the
proper maintenance and care of the resources.The PCSE will establish an advisory board whose
purpose will be to provide advice and guidance to the PCSE regarding the preservation,
operation and maintenance of the shoreline park and cultural and historic sites within Hokuli'a.
The advisory board will have approximately 20 members and will be comprised of
representatives designated by Petitioner,Hokuli'a lot owners,Protect Keopuka Ohana,other
The Stepping Stone'frail,as well as sections of a trail referred to as the"Old Cart Road,"and a trail referred to as
the"Old Government Road," are excluded from the Petition Area and district reclassification for the area
comprising these trails is not being requested under this Petition.
;r
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Petition for Reclassification/Agricultural Land Use District to Rura... https://files.hawaii.gov/luc/dockets/a06769oceanside/a06769 1013...
descendants of the lands at Hokuli'a,Hawaii County,kuleana owners and other appropriate
groups. The PCSE will also take possession of and store all native Hawaiian artifacts and relics
discovered by Petitioner or its agents on the Hokuli'a site or in connection with the Project.
Funding for the PCSE will be in part by way of a ''14%transfer fee upon all future sales and
resales of lots and homes within the Project.
In addition, Petitioner is establishing two Cultural Practice and Preservation Areas
("Cultural Preserves'),comprising a total of approximately 12 acres,where lineal and cultural
descendants may engage in traditional cultural practices.
(4) Visual Resources
The development is not expected to significantly impact visual resources in the
area. Views of portions of the Petition Area are presently available from portions of the existing
residential neighborhoods that arc directly mauka of the Petition Area,primarily the Kona Scenic
Subdivision. The Petition Area is also visible to those approaching the property along the coast.
Additional views of the coastline will be available from the Bypass Highway upon its
completion. Any potential visual impacts will be mitigated through appropriate landscaping
buffers,architectural design standards and the low-density nature of the Project. The shoreline
park in the Conservation District makai of the Petition Area and the golf course will provide a
significant measure of open space throughout and around the Petition Area.
(5) Flora and Fauna
No significant impact on floral or faunal resources is anticipated. No threatened,
endangered or candidate species as listed by the U.S.Fish and Wildlife Service appear to be
present within the Petition Area,nor are there unique or valuable wildlife habitats. No existing
or proposed federally designated critical habitat is present within the Petition Area.
18
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Petition for Reclassification/Agricultural Land Use District to Rura... https://files.hawaii.gov/luc/dockets/aO6769oceanside/aO6769_1013...
community. Hokuli'a is consistent with the goals,policies and standards set forth in the General
Plan.14 The Petition Area is being served with existing infrastructure and will be served in the
future with planned infrastructure and is in balance with the natural,cultural and social
environment of the County.
The County zoning designation for the Petition Area is Agricultural-1 acre(A-la),
which allows a minimum lot size of one acre. The Agricultural zone provides for agricultural
and very low density agriculturally-based residential use,encompassing rural areas of good to
marginal agricultural and grazing land, forest land,game habitats,and areas where urbanization
is not found to be appropriate. Permitted uses within this zoning district include single-family
dwellings, farm dwellings,agricultural parks,crop production,parks and other similar open area
recreational facilities,and golf courses and related golf course uses(with a Use Permit). The
Hokuli'a development is consistent with the purpose and applicability of this zoning designation.
20. HAWAIIAN CUSTOMARY AND TRADITIONAL RIGHTS
, l5-15-50(c)(20):A statement addressing Hawaiian customary and traditional
rights under Article XV, section 7 of the Hawai'i State Constitution_
Traditional and customary native Hawaiian rights within or in proximity to the Petition
Area include a right of pedestrian access over the Stepping Stone Trail and other recognized
trails traversing the property,worshipping at burial sites within the property,and subsistence and
cultural activities, including fishing and ocean resource gathering,along the shoreline.The
preservation and protection of these resources is being effected through archaeological and burial
preservation plans,the establishment of the shoreline park which will provide public access to
the shoreline area and traditional and cultural resources within the area,the establishment of two
14 A detailed discussion of the conformity of Hokuli'a with the General Plan's goals,policies and standards in set
forth in the 1993 FEIS,Section 5.2.
.i
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Cultural Preserves within the Petition Area that total approximately 12 acres where lineal and
cultural descendants may engage in traditional and cultural practices,and the establishment of
three Agricultural Preserves to facilitate traditional and customary native Hawaiian agricultural
practices.
Petitioner is also forming the PCSE for the purpose of preservation,operation and
maintenance of the shoreline park and specified cultural and historical sites within the Petition
Area. Petitioner,in coordination with DLNR and the certified lineal and cultural descendants of
Hokuli'a, will continue to implement measures to protect,and to provide access to,burial sites,
including(i)providing information to lineal and cultural descendants on burial sites within the
Petition Area;(ii)implementation of both short-term and long-term protection measures for
burial sites;and(iii)providing access for lineal and cultural descendants to such burial sites.
Petitioner is also preserving and protecting the Old Government Road and the Stepping
Stone Trail. Petitioner will restore portions of the Stepping Stone Trail to create a continuous
trail segment varying in width from three to five feet.and will create a five-foot buffer on each
side of the trail centerline. Petitioner will maintain and preserve the Old Government Road and
the Stepping Stone Trail in coordination with DLNR.
Petitioner will also establish and maintain two interpretive areas connecting the existing
remnant trail sections to the shoreline park,which interpretive areas will then be available for
public access from the shoreline park,and will install warning signs on the golf course advising
of the trail and its significance.
Petitioner will also work with DLNR to maintain and preserve what is referred to as the
"Old Cart Road"situated primarily within the shoreline park in the Conservation District as a
JG
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public pedestrian access trail, and will grant an easement between the Old Cart Road and the Old
Government Road for pedestrian trail access purposes in the vicinity of Pu'u Ohau.
Another significant protective measure concerns the burial site of Kamaeo'kalani,near
the summit ofPu'u Ohau,which is a significant historic and cultural site. This site is located
within the Conservation District and outside the Petition Area. In order to provide an additional
buffer around this site,Petitioner has agreed to abandon the development of five previously
subdivided lots presently within the Agricultural District along the current Conservation District
boundary. The area included in such lots is part of the area for which the instant Petition seeks
reclassification to the Conservation District. Petitioner will also construct a gated wall or other
buffer to restrict access to,and to protect and preserve.the burial site of Kamaeo'kalani and
other cultural resources within the buffered area.
These mitigation measures will ensure that traditional and customary native Hawaiian
rights,customs and practices will be preserved and protected in a feasible manner.
21. WRITTEN COMMENTS
$15-15-5(e)(21):Any written comments received by the petitioner from
governmental, non governmental agencies, organizations, or individuals in
regards to the proposed reciass�rcation.
Petitioner has not received any written comments from governmental or non-
governmental agencies,organizations or individuals concerning the proposed reclassification.
Any written comments received in the future shall be submitted for inclusion into the record of
this docket.
22. NOTIFICATION OF PETITION FILING
A cony of the Notification of Petition Filing to be sent pursuant to 515-15-50(d). LUC
Administrative Rules,is attached hereto as Petitioner's Exhibit 10.
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PETITIONER' S
EXHIBIT I
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PETITIONER' S
EXHIBIT 7
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SUPPLEMENTAL
ENVIRONMENTAL IMPACT STATEMENT
PREPARATION NOTICE
Hokuli' a
North Kona and-South Kona,
Island of Hawaii
Accepting Agency: State of Hawaii Land Use Commission
Applicant: 1250 Oceanside Partners
Agent:Belt Collins Hawail Ltd.
December 2007
entity, the Hokuli'a Park and Cultural Sites Association, Inc. (the
"PCSA"), which will be responsible for the maintenance of the 140-acre
public shoreline park makai of the Petition Area and the preserved
cultural and historical sites therein, as well as all other cultural and
historic sites to be preserved in perpetuity throughout the Petition
Area. The PCSA is also seeking permission from DLNR to undertake
the long-term maintenance of the Stepping Stone Trail, the Old
Government Road and the Old Cart Road, under supervision by
DLNR. In addition, the PCSA will develop educational materials and
programs designed to encourage understanding and appreciation of
these resources and will develop standards for the proper maintenance
and care of the resources. The PCSA has established a community and
culturally based advisory board whose purpose is to provide advice and
guidance to the PCSA regarding the preservation, operation and
maintenance of the shoreline park and cultural and historic sites within
Hokuli' a. Today the advisory board has 19 members, including
representatives of Protect Keopuka Ohana, descendants of the lands at
Hokuli' a, owners of kuleana close to the Petition Area, cultural
practitioners and other individuals and groups willing to give
generously of their time and expertise to this important work. The
PCSA will also take possession of and store all native Hawaiian artifacts
and relics discovered by Applicant or its agents within the Petition
Area.
The Lot Owners are the members of the PCSA, which has the
authority to assess the Lot Owners to raise funds as needed by the
PCSA. In addition, Applicant has agreed to contribute to the PCSA
1/a% of all proceeds received by Applicant from the sale of lots within
Hokuli'a. In addition, all Lot Owners who acquire lots within Hokuli'a
are required, upon the resale of those lots, to contribute 1/4% of the
sales proceeds to the PCSA.
In addition, Applicant is establishing two Cultural Practice and
Preservation Areas, comprising a total of approximately 12 acres, where
lineal and cultural descendants may engage in traditional cultural
practices.
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DESECRATION I N KONA
1250 Oceanside is a 1,550 acre golf-course and luxury The Vigil for Pu'u Ohau
home development in Kealakekua: . On August 29 - 31, 2003, 'ohana from all over the
• The developer polluted Kona's pristine waters and reefs Hawaiian islands gathered to pay homage to Pu'u Ohau.
with muddy, chemical-ladened runoff in violation of A 24-hour peaceful cultural protocol was held, with
clean water laws. The court imposed a permanent prayers given every hour.
injunction on any further water pollution. . A Lei of Protection: Red ti plants were planted around
• The developer destroyed portions of the 1000-year old the base and a guardian ki'i named Okuahu'ula was
Ala Loa trail. erected and consecrated on the Pu'u. Cultural access
• 1250 Oceanside destroyed and desecrated thousands of and religious practices are protected by the law.
graves. The developers illegally placed our ancestors in Desecration and Harassment
ziploc bags and improper storage containers. Ki'i Stolen: On September 2, Queen Lili'uokalani's birth-
0 The desecrations were so bad that major investor Japan day, 1250 Oceanside committed deliberate and criminal
Airlines pulled out of the project. desecration of the Pu'u.They tore out ti plants, removed
Pu'u Ohau: Sacred Burial Ground the Hawaiian flag and stole Okuahu'ula. Desecrations
Erecting Okuahu'ula on of cemeteries and places of worship, like the vandalism
of Our Ancestors Pu'u Ohau.
of Punchbowl Cemetery in 1997 and the recent arson of
• Pu'u Ohau is a very significant r: First Christian Church, are serious criminal offenses.
burial site for ali'i. v.
.-' .: t • Throughout the vigil, 1250 Oceanside harassed and
Kamaeokalani, the grandmother
of King Kalakaua and Queen spied upon vigil participants. At one point family mem-
Lili'uokalani is buried there. bers confronted a 1250 Oceanside staff and an armed
police officer because of their threatening surveillance
• In 1999, the Hawai'i Island activities which interfered with religious practices.
Burial Council determined that KWO Take a Stand to Defend our'Aina and Restore Ea!
the entire pu'u is the burial site
and recommended building a 6 • Call DLNR Chair Peter Young at (808) 587-0400 and
foot protective rock wall around demand that he reinstate an immediate cease and desist
the base of the Pu'u.The state and the developer agreed. order on 1250 Oceanside Partners from accessing the
But four years later, there is no wall. Pu'u and seek aggressive prosecution of these violations.
• In January 2003, Peter Young, then acting director of the • Call Governor Lingle at (808) 586-0034 and urge her to
Department of Land and Natural Resources, reneged on revoke all permits for 1250 Oceanside due to their crim-
the previous agreement and allowed the developer to inal conduct in collusion with state and county offices.
build up to the 120-foot elevation of the Pu'u. • Other direct actions are being planned.
• 1250 Oceanside has already desecrated the flank of the
For More Information contact Protect Keopuka'Ohana: Jim
Pu'u with its golf course, and now plans to Madeiros (808) 328-0478; Jack Kelly (808) 328-
build multimillion dollar homes on the „i = q�;ae,•' 8442; PKO Hotline (808) 331-3637.
hill itself.
Kako'o o Pu'u Ohau: (808)
227-5015
1Oceanside plans tobuild
multi-
milliondollar homes1 ft elevation
00
mar-
of Ohau is down
30 40 ft elevatio
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SIERRACLUB
HAWAII ISLAND GROUP
January 13, 2025
Ms. Joanna Seto P.E.
Hawaii Department of Health
Environmental Management Division
cleanwaterbranchghdoh.hawaii.gov
Peter Kozelka
EPA Region 9
Water Division
kozelka.peterkepa.gov
Chris Sparber
County of Hawaii Wastewater Chief
chris.sparberkhawaii.county.gov
Re: Proposed renewal, Hilo Wastewater Treatment Plant NPDES Permit 9 9021377
Aloha,
The Hilo Wastewater Plant has been described as a trainwreck and is now subject of an EPA
Administrative Order on Consent. The County of Hawaii is required to replace it and that process
is proceeding so the plant is unlikely going to be able to maintain minimum standards for
secondary under the Clean Water Act and has already had a history of failures that have badly
impacted nearshore coastal water quality. These waters are listed as Class A under HAR section
11-54- for recreational purposes with numerous popular beaches nearby and year round public
uses including swimming, kayaking, snorkeling, surfing, and canoe paddling. These uses
inherently put users at significant health risk if standards are not consistently met. There are also
tide pools and reef ecosystems nearby that are already under climate induced stress. Scientists at
UH Hilo like Dr. Steven Colbert and Dr. Tracy Wiegner have done studies and found high levels
of pollutants. The current outfall is in relatively shallow waters and the effluent plume rises
quickly to the surface where the predominant trade winds bring the discharge plume back
towards shore. Merely adding chlorine to wastewater after an event at the plant will not properly
kill pathogens and introduces toxic chlorine byproducts to what goes out the outfall. UV is far
more effective at killing pathogens and that should be required in the permit going forward. EPA
Region 9 has recently added this requirement for the Kailua WWTP under an AOC after a bio
tower failure.
Hawaii County could bring in leased containerized MBR units with UV disinfection to bring
treatment up to standards while the replacement work is completed and the new equipment has
gone through testing. That should be required and is well within the authority of EPA and
HDOH.
P 0 Box 1137 Hilo, HI 96721-1137 1 hawaiiislandsierraclub(cDgmail.com sierraclubhig.org
In addition to work at the Hilo WWTP that will occur during the 5 year extension period, other
impacts need to be addressed. The plant receives septic loads and doesn't have the specialized
handling equipment needed. It has septic receiving equipment, but not what is needed to address
this highly concentrated waste that can upset the biological treatment process. With the cesspool
closure deadline for new homes, areas that are under active development will be sending flows to
Hilo. The County is under a separate EPA AOC for Pretreatment and is not currently in
compliance, so septic loads from haulers are not being properly tested to prevent chemical
contamination from impacting the biological treatment process. The proposed permit does not
address this. It mandates a Pretreatment Program, but doesn't address the lack of specialized
septic handling equipment. The City & County of Honolulu, for example, has such equipment at
several treatment plants.
Currently, large amounts of saltwater infiltration enters the collection system. Again, this is
required to be addressed under the Countywide AOC, but during the 5 year period of this permit,
infiltration will also impede the biological treatment process. The proposed permit should
prioritize actions by the County to do emergency repairs in areas of high saltwater intrusion.
Even freshwater intrusion is a significant problem given the high rainfall in Hilo and cracked and
broken lines going back to the 60's. It is harder to remove solids with high volumes of
infiltration as it impacts removal efficiency. The permit needs to recognize the Countywide AOC
requirements to address infiltration and it's impacts on the biological process at the plant.
Currently, hundreds of thousands of gallons enter the collection system daily and constitute a
sizable portion of the average daily flows.
The receiving waters need to see increased monitoring under the proposed permit. Not just
testing as the outfall enters Puhi Bay, but testing along the shore and just outside the ZOM where
recreational uses are high. This testing should be done by independent studies using UH
scientists who know these waters well. Typical culture testing takes 2 days for results to come
back and the public can be informed of sewage pollution. More modern testing like PCR give
rapid results and can identify viral pathogens that are the primary cause water borne disease.
Fecal bacteria like enterococcus are well known to go into VBNC or viable but non-culturable
forms that elude detection. The public is not properly protected by testing that is decades out of
date. Testing protocols need to recognize the surface micro layer effect. Pathogens associated
with with wastewater attach themselves to solids that float at the surface, so testing where
samples are grabbed at greater depth miss this. Both EPA and HDOH rely on testing methods
mandated in this permit that are scientifically out of date for these reasons.
This permit raises significant environmental justice concerns as much of Keaukaha where the
outfall is located is native Hawaiian. For decades, the County has failed to maintain the treatment
plant and the outfall pipe. While the impacted areas are used by tourists and locals, it is native
Hawaiians that have been impacted the most. Leasing of containerized units with UV
disinfection should be a requirement given these environmental justice concerns. The County
should adopt a public outreach program for this impacted community including social
networking options to inform them more quickly of noncompliance events.
Mahalo for this opportunity to comment