HomeMy WebLinkAboutCOM 0896.059 2022-2024 P / L.AAG
dill 10
COUNT, ,i C L. _ f, GOMM F16
June 17, 2024 COUNTY F H A f IA_
2024 JUN 113 PH 3: 59
Cindy Freitas
makainanqi@gmail.com
County of Hawai'i Planning Department
Cultural Resources Commission
RE: Bill 169 (Draft)Amend Change of zone Ordinance No 02 131 (REZ 470)
TMK: (3) 7-6-021:016 & 017
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Aloha,
My name is Cindy Freitas and I'm a Native Hawaiian descended of the native inhabitants of Hawai'i
prior to 1778 and born and raised in Hawai'i.
I am also a practitioner who still 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.
I Oppose Amend Change of Zone Ordinance No 02 131 (REZ 470) due to the following reasons;
1. In view of the Hawaii State Supreme Court' s " PASH" and " Ka Pa' akai 0 Ka'Aina" decisions, the
issue relative to native Hawaiian gathering and fishing rights must be addressed. These rights must be
addressed in terms of the cultural, historical, and natural resources and the associated traditional and
customary practices of the site.
2. I am aware that substantial evidence exists that the land encompassed by the subject parcels includes
features of the Holualoa Slide, including rock walls that are inadequately described as agricultural
walls in the archaeological studies offered in support of the DEA. The Holualoa Slide is an important
Hawaiian cultural and archaeological feature from pre-Western contact times that cannot be replaced if
damaged or destroyed.
3. Responses provide accurate information concerning the cultural importance of the royal and
religious complexes along the coast and within the near-coastal region between Kailua to the north and
Keauhou to the south. The remains of many of these complexes were first mapped by Henry Kekahuna.
4. 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 inhabited the Hawaiian Islands prior to 1778"
5. 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 Comm. No. v c(J
q
Ref. To:
Ref. Date as 1 8
environmental assessments or environmental impact statements should identify and address effects on
Hawai`i's culture, and traditional and customary rights... [H.B. NO. 2895].
6. Nelson et al. 2005.An archaeological inventory survey was conducted by Rechtman Consulting on
28.0 acres located in the near coastal portion of Holualoa 2nd Ahupua`a.A total of 22 sites containing
150 features were recorded.The sites were primarily preContact era agricultural and habitation sites,
though five burial sites, a possible heiau, and a trail were also documented within the project area.
7. There is no water CREDIT for this project to change from agriculture to Residential. There for is
should remain as agriculture.
Therefore this amendment should not be supported...
Mahalo,
/s/
Cindy Freitas