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2026-01-05 PL-BOA-2026-000127 Petition
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PL-BOA-2026-000127 Leslie Enriquez Rosehill (PD)
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2026-01-05 PL-BOA-2026-000127 Petition
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finding of fact is also clearly erroneous when the record lacks substantial <br /> evidence to support the finding. We have defined substantial evidence as <br /> credible evidence which is of sufficient quality and probative value to <br /> enable a person of reasonable caution to support a conclusion. <br /> Bremer v. Weeks, 104 Hawaii 43, 51, 85 P.3d 150, 158, (2004). <br /> The following determinations, i.e., findings, made by the Department as to the SMA <br /> Minor Permit are clearly erroneous (as explained further below): <br /> [T]he project will not have a cumulative impact or a significant adverse <br /> environmental or ecological effect on the SMA. <br /> [The Kaimu Cove project is in] Compliance with Objectives and Policies of <br /> Chapter 205A, Hawai `i Revised Statutes (HRS), Regarding the Special <br /> Manaement Area. <br /> Development will not have any significant adverse environmental or ecological <br /> effect, except as any adverse effect is minimized to the extent practicable and <br /> clearly outweighed by public health, safety, or compelling public interest. . . . <br /> The proposed development is consistent with the Hawai`i County General Plan, <br /> community plan, and zoning . . . <br /> The proposed development does not conflict with the following objectives of <br /> Chapter 205A, HRS (as amended), to: <br /> Provide coastal recreational opportunities accessible to the public. <br /> Protect, preserve, and where desirable, restore those natural and man-made <br /> historic and pre-historic resources in the coastal zone management area <br /> that are significant in Hawaiian and American history and culture. <br /> Protect, preserve, and where desirable, restore or improve the quality of <br /> coastal scenic and open space resources. <br /> Protect valuable coastal ecosystems, including reefs, beaches, and coastal <br /> dunes, from disruption and minimize adverse impacts on all coastal <br /> ecosystems. <br /> Provide public or private facilities and improvements important to the State's <br /> economy in suitable locations. <br /> Reduce hazard to life and property from coastal hazards. <br /> Improve the development review process, communication, and public <br /> participation in the management of coastal resources and hazards. <br /> Stimulate public awareness, education, and participation in coastal <br /> management. <br /> Protect beaches and coastal dunes for: Public use and recreation; The benefit <br /> of coastal ecosystems; Use as natural buffers against coastal hazards; and <br /> Coordinate and fund beach management and protection. <br /> 14 <br />
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