2025-05-13 Cindy Freitas Opposition Testimony Item #3

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May 13, 2025 County of Hawaii Leeward Planning Department LPCtestimony2hawaiicoun ov RE: Agenda Item 9 3 APPLICANT: DAVID EBENAL (PL-SMA-2025-000076) 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. I'm in Opposition to the Special Management Area(SMA)Use Permit application PL-SMA-2025- 000076 by applicant David Ebenal, which seeks to construct a 4,942-square foot, two-story single- family residence on a shoreline parcel located at 75-5436 Kona Bay Drive, within the Lanihau Point Subdivision of Kona Bay Estates, North Kona, Hawaii. This proposed development raises serious concerns under the provisions of Hawaii Revised Statutes (HRS) Chapter 205A, the Coastal Zone Management Act (CZMA), and the Hawaii County General Plan and Special Management Area Guidelines. The concerns are as followed: The proposed development includes substantial ground disturbance on a shoreline parcel, which may have significant impacts on natural coastal processes and marine ecosystems. The inclusion of a spa, lanais, and multiple structural improvements increases the risk of: • Runoff and sedimentation into the nearshore waters during and after construction; • Disruption of natural shoreline processes due to hardscaping and impervious surfaces; • Degradation of marine habitats, including coral reefs and native limu beds, from increased nutrient loading or chemical runoff. These effects are contrary to the CZMA's goals of preserving and protecting natural resources in the coastal zone (HRS §205A-2). The parcel is located in a historically and culturally sensitive area of Kailua-Kona, with known traditional and customary practices connected to the shoreline and ocean resources. The area was historically used by Native Hawaiians for fishing, salt gathering, and religious ceremonies. Furthermore: • No comprehensive cultural impact assessment (CIA) or meaningful community consultation appears to have been completed;