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Home My WebLink AboutCOM 0595.103 2020-2022 UK, S I E RRA C L U B NAWAI`I ISLAND CROUP March 7, 2022 Planning Committee,Hawai'i County Council 25 Aupuni St. Hilo HI 96720 Re: Bills 112 and 115 (proposed Kumu Hou at Waikoloa project) and Communication 605.1 Aloha Madam Chair and members of the Planning Committee, '. Mahalo for this opportunity to testify. We very appreciate much the developer taking the time and effort in Communication 605.1 (March 1, 2022)to adequately address several of the questions and concerns expressed in our previous testimony. However, other questions and concerns remain. 1. The increase in withdrawals from the Anaeho'omalu brackish aquifer will be reapplied to fertilized landscaping, therefore increasing the nutrient load flowing into nearshore waters. Compounding this increase in nutrients will be reduced onshore-to-offshore flows into nearshore marine waters due to water loss from evaporation, etc. In addition,the nine-hole golf course is currently being used to distribute treated wastewater from the Waikoloa Beach resort. Removal of this outlet for effluent combined with the additional effluent from 1,184 timeshares will likely result in an increase use of the injection well. Subsequent to our February 22, 2022 letter,we did additional research and found that the parameters for assessing the nearshore marine waters had been changed from prior years in the 2018 State of Hawaii Water Quality Monitoring and Assessment Report (Water Monitoring Report). Previous reports listed the area covered by water quality monitoring as "Waiulua to Anaehoomalu Bay" with that area water body type listed as`B", "Enbayment. This was changed to"Anaehoomalu" and"K", "Kona marine waters". The result of this change was that waters previous designated as impaired under 303(b)of the Clean Water Act were delisted as shown here: Comm, �, � -8 2022 i i Table I0.Hawaii Island Category Changes Water Summar Scope of Assessment god ID Pollutant Decision Action Rationale Reason for Change ASSIGN cat.2;Assessment of new data indicates that applicable TN Delist Pollutant NND i W'QS ate being attained,resulting in category change from 5 to 2 Paaoao Point to 1-1IW00145 Keawekaheka Point ASSIGN cat.2;Assessment of new data indicates that applicable PO, Delist Pollutant NND WQS arc being attained,resulting in category change from 5 to 2 ASSIGN cat.2;Assessment of new data indicates that applicable j Pont Bay 14TWO0206NO;=NO2 Delist Pollutant NND WQS are being attained,resulting in category change from 5 to 2 ASSIGN'cat.2;Assessment of new data indicates that applicable TN Delist Pollutant A`ND WQS arc being attained,resulting in category change from 5 to 2 1 ASSIGN cat,2;Assessment oCnew data indicates(bat app)icuble I N01+NO_ Delist Pollutant NND WQS are being attained,resulting in category change from 5 to 2 ASSIGN cat.2;Assessment of new data indicates that applicable NH Delist Pollutant NND WQS are being attained,resulting in category change from 5 to 2 j Waiulua Bey to IIIWO0148 Anaehoomalu Bay ASSIGN cat.2;Assessment of new data indicates that applicable TP Delist Pollutant NND WQS are being attained,resulting in category change from 5 to 2 ASSIGN cat.2;Assessment of new data indicates that applicable ` Chi n Delist Pollutant NND WQS are being attained,resulting in category change from 5 to 2 ASSIGN cat.2;Assessment of new data indicates that applicable POj Deist Pollutant NND WQS are being attained resulting to category change from 5 to 2. t"air,6-loge,+ ,. o tae'G16 lw,d T-11nr nate.1-41 t,at dlkof,p.=Ifeianls Nb—a mange ha occurred(e g_nc�.-unpartmrrt Lstntg drhaung,rte.).Pullotant,Ern--c"'. 71=total nrtrogen.'I'D'�=a+tal dissoh-ed nitr(,gen.NO.-tiO:=m;ratc mune-nnroger.NHa ammun9c.nitrogen,TP=total phosphorus.PO„=orthophosphate.turtodnC Ch) =chlorophyll a Summar)rationale codes\\D=new numcncal Batu.NI-=nest tmpn.nncnl hstmg{asy;gn aategp 5).DI-=tiebsnng.A2=atistkn categury 2(categ(n change from 3 to 2)TEID=to be determined However, contrary to the reference in Ms. Bouslog and Dr. Dollar's representation, Anaehoomalu Bay is still listed in the Water Quality Report as impaired for Turbidity, Chlorophyll, which is indicative of excess nutrients and phytoplankton: Appendi.C-'6 Table 11.Hmtaii Alaritte Listed Waters Assessed'Water Body --- 1IaterBod,1D Watae 1',`et:'Dn Impairment(s) TNIDLPriority --� - Rurtt`Ty-pe Criteria --.... .- "Id Beach Inez(to Hit 1645 Fi NA T O,,J;r, Nlahaiula i L .Anaehoomalu Bac H13.6 i ..-- e.-.... - \A __.Turbidim Cltt at L Analamti Pond tPttala'at HT't {<.-.. C :Dn -_..... .__._ Tot bidiis ._... _.....- _... L 3anlansSurtinaAtea H:-t3;it KNA Twbic4ly L it,tp'alBaachSt „t;: :-r:_ --.._. K NAT\.N0-N0' \Hc.'P :urindit}-.C'hio .kecroanon.arca L 'Tito Bas;Boot LaedniO HM pont- B W't Turbidirn..Chl a X Ht!oBal icanoc Bc'aah! F;I3Itr;I B 1k"cr TN.\0=-NO. TP.Twbtdttr.Chl a -_.... --_.. '.Co Boa tCoeonut We: - Hih.- _ 3.... - Wet Turbidity .....-. -.-Al Hilo Bac:Exit of Ice Pen:!) HI650-153 B lPat T\,AO�-NO�-TP . Hit.Ba}tLiohdtou—i tt Mf 00-1b B Wet Enterococci.NO,+NO„NM.TP. = tf Turbidity With regard to representations made by Mr. Nance,the fact of the matter is there will be increased amount of wastewater effluent from 1,184 timeshares being applied to an area with 9 less golf fairways and greens upon which to apply it. Where will this excess wastewater go`' i 2 I i i 3 2. An Underground Injection Control(UIC)permit is not a National Pollutant Discharge ' Elimination System {NPDES} permit and involves different regulations. It has now been determined that the Waikoloa Wastewater Treatment Plant does have and occasionally uses I an underground injection well. This means that the development being proposed in Bills 112 and Bill 115 must now comply with the recent U.S. Supreme Court Maui County v. Hau,ai'i Wildlife Fund ruling. That ruling requires a NPDES permit for its wastewater effluent because it is the functional equivalent of a direct discharge into the regulated waters of the United States and subject to the Clean Water Act. Since the Hawaii Administrative Rules have not been amended to create a regulatory system for the application, review, and approval of this category of NPDES permit, Conditions M and R are problematic. In other words, the U.S. Supreme Court is effectively saying the Kumu Hou at Waikoloa development must have this NPDES,but the DOH cannot issue one because no legal process for doing so has been promulgated. The question for this Planning Committee is how can I legislation(Bills 112 and 115)that cannot and does not comply with existing federal law be approved? And again,federal law prohibits discharges, functional or otherwise, into impaired waters and as shown above,the nearshore waters in Anaehoomalu Bay are listed as being impaired. Waikoloa Beach Resort must take remedial actions to reduce the non-point source pollution in order to improve water quality sufficiently to be delisted from impaired. j 3. Waikoloa Beach Resort was allowed to fulfill its affordable housing requirement decades ago by donating 300 acres of land. To get a better understanding, how many affordable housing units did that represent and what was the amount of the in-lieu fee for each unit, that is, what amount of money per unit was Waikoloa Beach Resort allowed to pay in-lieu of building an actual affordable at the time the donation was made? We think that information is essential to the current affordable housing discussion. This development could be re-designed to be 100%workforce housing for employees of the commercial enterprises in and around Waikoloa Beach Resort. Given the current socio-economic situation on the Big Island that is the highest and best use of this land. The proposed increase in affordable housing units is insufficient to accommodate the increase in jabs and tourist this proposed development will create. Further, Ms. Bouslog stated in her letter that Waikoloa Beach Resort has created some 5,000 job. How much affordable housing was built to house the families working those jobs? Looking at today's market, it appears it was not enough. We reiterate our hope the developer is willing to redesign and repurpose to a greater than 50% affordable housing unit development and proceed under HRS 201 H with agreements to ensure truly affordable housing with affordable utility costs would be built and maintained over the next Cis years. 4. We support the new conditions offering that portion of the King's Trail that bisects the Waikoloa Beach Resort to the Department of Land and Natural Resources. Mal alo, Chuck I hihert , Y 3