2025-05-13 Cindy Freitas Opposition Testimony Item #2

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May 14, 2025 County of Hawaii Leeward Planning Department LPCtestimonyghawaiicoun ov RE:Agenda Item # 2 Applicant: Boaz LLC (Formerly Koa Ventures LLC) (SMA 437) Request to revoke SMA He Mele komo a he mele aloha no na kupuna o ke au i hala Aloha mai kakou. Aloha, My name is Cindy Freitas and I'm a Native Hawaiian descended of the native inhabitants of Hawai'i prior to 1778 and born and raised in Hawai'i. I am also a practitioner who still practice the cultural traditional customary practices that was instill in me by my grandparents at a young age from mauka(MOUNTAIN TO SEA)to makai in many areas. OPPOSE to revoke permit no. 437 Revocation of a Special Management Area(SMA)use permit must not be taken lightly. These permits are critical tools for ensuring the protection of Hawai`i's shoreline resources, traditional and customary Native Hawaiian practices, and public access rights. The revocation request by BOAZ LLC appears to be an attempt to bypass the safeguards originally placed on the parcel. Such action could have significant environmental, cultural, and legal implications. Under Haw. Rev. Stat. § 205A-26(2023), a permit may be revoked only upon a finding that the permit holder has violated its conditions or applicable laws, and only after appropriate notice and a hearing. The applicant has provided no evidence of such a violation. Thus, the Planning Commission lacks the legal basis to approve this request. Additionally, under Hawaii County SMA Rules, revocation must comply with established public process and findings. (See, e.g., Haw. Admin. R. §15-150, County of Hawai'i). A. Revocation Requires a Legal Basis Under Haw. Rev. Stat. § 205A-26(2023), a permit may be revoked only upon a finding that the permit holder has violated its conditions or applicable laws, and only after appropriate notice and a hearing. The applicant has provided no evidence of such a violation. Thus, the Planning Commission lacks the legal basis to approve this request. Additionally, under Hawaii County SMA Rules, revocation must comply with established public process and findings. (See, e.g., Haw. Admin. R. §15-150, County of Hawai'i). The development site is located in a vulnerable and ecologically sensitive shoreline area. Under the Hawaii Coastal Zone Management Act, development must avoid significant adverse impacts on: 9 Coastal ecosystems