HomeMy WebLinkAboutCOM 0620.017 2022-2024 p / Courici I
RQ,S.72-23
CAMM. 6?O
December 5, 2023
Cindy Freitas
makainanqi@gmail.com
North Kona Sewer Pump Station 4 o
TMK: portions of(3) 7-4-008:072, 077, 078 and 090; , ?
(3) 7-3-009:999
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State of Hawai'i Department of Health, Environmental t..11
Management Division, Wastewater Branch €€ `
Chane Hayashida, Chane.Hayashida@doh.hawaii.gov
Wilson Okamoto Corporation, kcheng@wilsonokamoto.com c;-'
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Alan S. Downer SHPD Administrator alan.s.downer@hawaii.govco
RE: Testimony on Resolution 372-23
Aloha,
My name is Cindy Freitas and I'm a descended of the indigenous inhabitants of Hawai'i prior to 1778
and born and raised in Hawai'i.
I am also a Practitioner who continue to practice the Cultural Traditional Customary Practices that was
instill in me by my grandparents at a young age from mauka (MOUNTAIN TO SEA) to makai in many
areas.
Honokohau and Kealakehe Ahupua'a, North Kona District, Island of Hawaii TMK portions of(3) 7-4-
008:072, 077, 078 and 090 (formerly 077 por. 1); and (3) 7-3-009:999.
Has sighted field inspection for SIHP# 50-10-27-23021 Kealakehe, Lava tube; #50-10-27-2023
Kealakehe, Trail; #50-10-27-2026 Kealakehe, Complex; #50-10-27-23353 Honokohau, Trail; #50-10-
27-23552 Kealakehe Pahoehoe excavation; #50-10-27-26260 Kaloko, Lava tube; #50-10-27-26262
Kaloko C-shape enclosure; #50-10-27-00002 Honokohau, Trail Mamalahoa Trail and King Trail; #50-
10-27-10714 Fe.A, B Kaloko Mauka-makai Trail system (Road to the Sea); #50-10-27-18083
Honokohau, Modified outcrop; #50-10-27-18084 Honokohau, Initially assessed as overhand shelter,
revised to natural; #50-10-27-18085 Honokohau,Lava Tube; #50-10-27-18086 Honokohau, Pecked
pahoehoe basin; #50-10-27-18091 Honokohau, Petroglyph; #50-10-27-18095 Honokohau, Mound;
#50-10-27-18097 Honokohau, Pahoehoe excavation complex; #50-10-27-18099 Honokohau, Mauka-
Makai Trail; #50-10-27-18101 Honokohau, Enclosure remnant; #50-10-27-18186 Honokohau, Wall,
possible trail; #50-10-27-21588 Kealakehe Trail and many more sights.
Construction will have significant cumulative adverse impacts on cultural, archaeological, native
plants, rare plants and animal species and historic elements resources in the proposed 2.596 acre for the
North Kona Sewer Pump Station(SPS)that is irreversible.
The Constitution of the State of Hawai'i clearly states the duty of the State and its
agencies is to preserve, protect, and prevent interference with the traditional and customary
rights of native Hawaiians.Article XII, Section 7 requires the State to "protect all rights,
customarily and traditionally exercised for subsistence, cultural and religious purposes and _
possessed by ahupua'a tenants who are descendants of native Hawaiians who ir1111A4c the
Hawaiian Islands prior to 1778" (2000). In spite Of the establishment of the foreive eigpcent.of
Comm. No. o.I�
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Ref. Date Ail. - ''
private ownership and western-style government,Kamehameha III (Kauikeaouli)preserved the
peoples traditional right to subsistence.As a result in 1850, the Hawaiian Government
confirmed the traditional access rights to native Hawaiian ahupua'a tenants to gather specific
natural resources for customary uses from undeveloped private property and waterways under
the Hawaiian Revised Statutes (HRS) 7-1. In 1992, the State of Hawai'i Supreme Court,
reaffirmed HRS 7-1 and expanded it to include, "native Hawaiian rights...may extend beyond
the ahupua'a in which a native Hawaiian resides where such rights have been customarily and
traditionally exercised in this manner" (Pele Defense Fund v. Paty, 73 Haw.578, 1992).
Act 50, enacted by the Legislature of the State of Hawaii (2000)with House Bill 2895, relating to
Environmental Impact Statements,proposes that:
...there is a need to clarify that the preparation of environmental assessments
or environmental impact statement should identity and address effects on
Hawaii's culture, and traditional and customary rights...[H.B. NO. 2895]
Therefore this project should not be built on historic sight or remove any of the pohaku and any other
cultural, archaeological, and historic resources.
I would like to request to initiate in the Section 106 Consultation.
Mahalo,
/s/
Cindy Freitas