2016-07-21 Leeward Exh B (Amend SMA 05-007)

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and in furtherance of the self-sufficient of the State. All public natural resources are held in trust by the State for the benefit of the people”; the County trust provision enacted by the county voters in 2010, is quoted, Section 13-29, Hawai‘i County Charter to include “wahi pana,” “surf spots”; I have an interest as a citizen and resident to a clean and healthy environment, which is guaranteed to me by Article XI, Section 9 of the Hawai‘i State Constitution, which states, “Each person has the right to clean, healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulations as provided by law. The application to amend Condition 2, additional time to secure Final Subdivision Approval, of five years of SMA Use Permit 05-007, originally approved on July 21, 2006. Approval of the request was subject to: Final Subdivision Approval shall be secured within five years from the effective date of the permit. It’s now ten years, and much has changed. Number one, the delay of constructing of the Kahului-Keauhou Parkway, which was intended when it was approved. The County since has apparently suspended its interest in constructing the parkway due to the presence of historical properties in the road and surrounding area. Assumed Parkway was to be built – Page 29 of Environment Assessment – but is not; the project should not be considered until such time that the parkway is constructed. And also noted that the fastest growing North Kona District is the center of the visitors industry and real estate development that power the economy of the island. With that being said, the County should realize approving more developments with this parkway, infrastructure lacking already. Noted on the SMA Permit, 05-007, regarding granting the time extension, granting the time extension would not be contrary to the original reasons for the granting of the permit, signed by Kimo Alameda, Chairman, Planning Commission. Chapter 343 Revised Statutes, HRS, significance criteria, agencies must consider all phases of the project, its expected consequences both primary and secondary, its cumulative impact on other projects, as its short and long effects. And the State of Hawai‘i Department of Health Rules Section 11-200-12, Hawai‘i Administrative Rules, Revised 1996, establish 13 significance criteria to be \[used\] as a basis for identifying whether significant environmental impact will occur. The project has already been bulldozed majority of the property. Destruction of any cultural \[resources\], Cultural Resources Commission and SHPD needs immediate attention to address this loss and destruction. Also, missing are two caves of the endangered Hawaiian hoary bats. Two, substantially affect the economic and social welfare of the community or state: The traffic has already adverse effects, public health is also at risk. It involves secondary impacts such as population changes or effects on public facilities. The project is located near favorite surf sites, Lyman’s, as well as Kahalu‘u Beach. The health issues are already occurring, bacteria, fecal bacteria, high level in Kona due to cesspool, two million gallons per day into the area of Kahalu‘u. Also, the opening of Māmalahoa Bypass Highway has an effect now on Ali‘i Drive without Kahului-Keauhou Parkway. So, much of Ali‘i Drive has become the new highway; cars often speed. And now Māmalahoa has been renamed Ali‘i Drive. Noise and pollution as well. The traffic study of March 1, 2005, in the EA, Page 27, that was done at Mākole‘ā Drive and the entrance to Kahalu‘u Beach. It showed that 2004 and 2000 also traffic along Ali‘i Drive is growing at 4 percent annually. The calculation A.M. in 25 out 75 percent, this is below F Level. When demands, volume exceeds the capacity of the lane, extreme delays will encountered with queuing, which may severely congestion affected other traffic 5 EXHIBIT B