2024-10-07 Testimony - Protect Keopuka Ohana (PL-BOA-2024-000104 & 105)

Home

The State of Hawaii Na Ala Hele Historic Trails Division and the Hawaii State Historic Preservation Division are well aware of the damage, and plans for remedia- tion are underway. However, as of the writing of this letter, no investigation of the root cause of the damage has been conducted, nor have any fines been levied or any plans made to prevent the problem from recurring in the future. The owners of Hokuli'a contacted the county regarding the flooding and the vio- lations that brought it about, and a site visit was made.However the Public Works employee who conducted the site visit just shrugged it off as"flooding"and took no action to investigate the cause or to avoid possible flooding in the future. As a central litigant in the woo lawsuit,Kelly v. 1250 Oceanside Partners, Civil No. oo-1-0152K, Protect Keopuka Ohana(PKO) takes this current violation very se- riously.As you may recall, that lawsuit,which effectively shut down the Hokuli'a project,was initiated after floodwaters poured off the project in September 2000 and muddied the pristine waters of the Nawaawaa Bay. Since that time, 1250 Oceanside LLC has invested considerable time and expense in designing flood control basins and minimizing paved surfaces within the 1,500-acre project.These actions have successfully prevented any runoff from entering the ocean for nearly 21 years—until, that is, the C&J Coupe Family Limited Partnership pre- cipitated this new flooding event in 2021. PKO, as well as the developer, are deeply invested in seeing that our flood control efforts continue to work and that historic and cultural resources such as the trail are preserved and protected from damage. PKO has worked in partnership with 125o Oceanside LLC, hand in hand, for all the years since the litigation to help ensure that the project's many historical and cul- tural sites are treated with the highest respect.Measures to preserve and protect the cultural landscape at Hokuli'a have always been foremost in our minds during the on- going development of the property. We would like to see the County initiate an investigation of the flooding event and propose proper mitigation to return the floodwaters from Watercourse No.3 to their prescribed course,utilizing the installed flood control basins on the Hokuli'a property.We also would like to see the County issue a Notice of Violation to the C&J Coupe Family Limited Partnership requiring the landowner to pay for the necessary mitigation, and also to pay 1250 Oceanside LLC for all costs associated with repairing the trail alignment. If you would like to speak to me regarding this matter, please don't hesitate to call me at 808-345-9229. )2091y, te . K`y Waite y Vice President Protect Keopuka Ohana Cc: michelle.galimba@hawaiicountygov, jackson.m.bauer@hawaii.gov, robert.Command@hawaiicountygov