2018-06-21 Leeward Exh A (AMEND SMA 05-005)

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WILLEFORD: Well, I just hope that you go into your heart and really consider this time on this planet. The whole ring of fire is exploding with earthquakes. The whole planet is in a crisis because of the oil drilling and the fracking and the building and the desecration and the raping of our Mother Earth. Let’s stop, and show reverence for this place and for the people here, and take care of what’s here, please. I plead with you, please, take care of our people. Much aloha to you all. UNGER: Thank you. NEWBERG: Good morning. My name is Max Newberg. I’m the Kona Field Representative for the Hawai‘i Carpenters Union. I thank Chair Unger and Commissioners for the opportunity to speak today. Normally, when I come before you folks, I for better or worse always talk about feelings, feelings about how we want trades people that perform these projects that are skilled to make livable wage, or the feelings how we want development to be built with quality for its clientele. Feelings are important and significant, yet they don’t sway long. This morning I’d like to submit this testimony on behalf of the Hawai‘i Regional Council of Carpenters. We recommend that the Planning Commission deny applicant Sunstone Kona, LLC’s request for a ten-year time extension to comply with Condition No. 9 in their SMA Permit 05-005 for the following reasons: Number one, SMA No. 05-005 does not provide measures to address potential impacts that this project may have on endangered species that may be present in the area. In my testimony I submitted a letter from the Department of the Interior, Fish and Wildlife Service and also an aerial photo. That letter dated March 24, 2014 from the United States Department of the Interior, Fish and Wildlife Service to the State of Hawai‘i Department of Transportation indicates the presence of threatened or endangered species on properties in Kailua-Kona, which are adjacent to the Sunstone Kona, LLC project. This FWS letter was a part of a Final Environmental Assessment on the Ali‘i Drive Culvert Replacement project concerning these properties on Ali‘i Drive, and it was filed with the Office of Environmental Quality Control on August 8, 2017. The attached aerial image of the Culvert Replacement project location provides a very good visual proximity, which is adjacent to the Sunstone Kona, LLC project site. The FWS letter identifies a list of threatened and endangered species, which may be present in the vicinity of the Sunstone Kona project, and recommends conservation measures to ensure that they are protected from the impact of development. The following species may be present in the vicinity of the Sunstone Kona project: 1) the endangered Hawaiian hoary bat, 2) the Hawaiian stilt, and 3) the threatened Hawaiian hawk. In addition, the Final Environmental Assessment for the Ali‘i Drive Culvert Replacement project identifies four other threatened or endangered animals. SMA No. 05-005 does not identify nor provide measures to address the potential impacts of the Sunstone Kona project and what it may have on threatened and endangered species in this vicinity. The 2009 Final Environmental Statement for the Kona Sea Crest Development does acknowledge the possible presence of some of these threatened or endangered species in the Sunstone Kona project area. However, FEA findings were not considered by the Planning Commission nor the public during the 05-005 SMA permit, which was issued in 2007 prior to the completion of the Assessment in 2009. Pursuant to Hawai‘i Revised Statutes 205A through 26(2), developments cannot be approved within an SMA unless findings are made that the proposed development “will not have any substantial adverse environmental or ecological effect ….” In light of the 23 EXHIBIT A