HomeMy WebLinkAboutCOM 1230.002 2006-2008
Murashige, Laura
From: Gail Byrne [gailbyrne@hawaiiantel.net]
Sent: Tuesday, July 01, 2008 12:55 PM
To: counciltestimony@co.hawaii.hi.us
Subject: For today's Planning Committee
Attachments: 080701 Pln Comm Council Kohala Ranch testimony.pdf; v2 Elizabeth Marrack Kohala LLC
testimony. pdf
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Aloha,
Please distribute to the Planning Committee before 2PM today.
Mahalo!
Gail
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Comm. No. ' 250,
Ref. TO: f!°1Od
Ref. Date JUL "7JL -120
Preserving the North Kohala Coast
Planning Committee
Hawaii County Council
Planning Department
101 Pauahi St., Suite 3
Hilo, HI 96720-3043
July 1, 2008
Re: Support for Revocation of SMA Permit No. 379 and Repeal of Ordinance No. 97 192 and Urge
Rezonine TMK (3) 5-9-1:8 to RA 15 acres
Aloha,
First and foremost, we wish to thank the Council for its unanimous support in passing RA 15 acres zoning
for this property in April. Your historic vote buoyed the spirits of the community that have been working
in North Kohala for over thirty years to preserve this precious coastline and the near shore marine
environment.
The six North Kohala nonprofit organizations and groups signing this letter represent nearly 400 families
in North Kohala. We have testified at the Planning Commission meetings in August and December of
2007 and January of 2008 in support of the Planning Director's recommendation to repeal ordinance No.
97 102 and to revoke the Special Management Area (SMA) Use Permit No. 379 for TMK (3) 5-9-1:8.
MOST SIGNIFICANTLY, the applicant does not meet the conditions for a time extensions.
The circumstances and contexts under which the application was initially approved have changed and
must be considered:
1) There is very compelling documentation that development and construction activities upslope of
this area have already significantly degraded water quality. A State marine biologist has publicly
stated that the reef immediately offshore of this property has been severely impacted and is "a
mess". Low-lying coral has been killed and is now covered by a layer of filamentous algae and
everything that lived in the sand, mollusks, worms and urchins, is dead. Please see the attached
photos. The scale of damage in this area, immediately offshore of Kohala LLC, is significantly
greater than the damage that precipitated the EPA investigations and fines against Hokulia.
Additional development of any kind will only contribute to this problem, especially development
on this parcel that borders the ocean. There are no best management practices (BMPs) on the
planet that can guarantee no further degradation.
2) There is an even greater body of evidence and support that the proposed Kohala LLC project is not
at all aligned with what the community has consistently expressed with regard to preserving the
coastline. The input received in the last two years during the community readiness program for
the North Kohala Community Development Planning (CDP) process and the draft
recommendations emerging from the focus groups for the CDP, including a call for rezoning the
State coastal lands to Conservation, clearly identify preserving this coast free of any development.
We support the Council's recent vote to re-zone this area to Ag-15 acres. The next step in the process
is to revoke the SMA permit. The many significant reasons and facts that support this revocation and
downzoning have been documented in previous testimony and are summarized below:
a) The North Kohala Community Development Plan calls for the County to adhere to time limits set
on development projects and recommends greater protection for the North Kohala coastline,
including a cultural district overlay that will provide better protection for the cultural and natural
resources of this coast.
b) The vast majority of land in North Kohala is zoned Ag-20 acres.
c)The land immediately north of this parcel will most likely be rezoned to Conservation in the next
year (see item in, below).
d)This coastline is home to the most numerous and intact, pre-contact archeological and cultural sites
in the State.
e)The reef immediately offshore of this area is already severely impacted by up-slope development.
f) The parcel has steep slope with many gulches and rolling topography. Developing this parcel will
require cut and fill and will result in more resource degradation during and after construction.
g)There is absolutely NO takings issue or concern with the re-zoning of Kohala LLC to Ag-15 acres.
Annual reports were not filed and the required progress was not made. For whatever reasons, the
required conditions were not met - the applicant did not follow the required procedures. Again,
there are no takings here. The 9ffi circuit Court of Appeals has upheld an Ohau case that
downzoned private property from resort to conservation for public benefit and resource protection.
There is no takings with the regard to the Kohala LLC proposed re-zoning.
h) There is certainly cause for concern about lawsuits that will force the County to take action to
protect natural resources from the cumulative effects of development as allowed under the Clean
Water Act and under the Coastal Zone Management Act, and certainly to uphold the Public Trust
Doctrine of our State Constitution. Rulings have upheld the validity of the Public Trust doctrine
to trump private land rights specifically for the protection of water and beneficial uses.
i) The North Kohala community has been working for 30+ years to preserve this coastal area makai
of Akoni Pule Hwy in open space.
j) The community has repeatedly asked over the years that this coastline be zoned Conservation.
k) Over 8,000 signatures have been gathered in three separate petitions asking for protection of this
coast, including this area.
1) Over the last 30 years, there are multiple resolutions and plans at the State and County level calling
for greater protection of this coastline, including purchasing private parcels.
m) The North Kohala Community Development plan calls for the re-zoning of all State lands makai
of Akoni Pule Highway in North Kohala to Conservation. A bill was introduced this last
legislative session to downzone these State lands and passed both the House Committee on Water
Land and Hawaiian Affairs and the House Committee on Agriculture. Organizations from around
the State have testified in support of HB-2607 including the University of Hawaii and the Office
of Hawaiian Affairs. The bill was killed by the Office of Planning who had concerns regarding
Testimony -Hawaii County Council Planning Committee
Support for Revocation of SAM No. 379 and Repeal of Ord No 97102 and Page 2 of 3
the cost of downzoning but after conversations with the DLNR, we are confident there is a way to
honor the intent of the bill.
One of the reasons we are here today is because the applicant did not follow the rules and the time to
exercise conditional entitlements expired.
But the real reason we are here today is because in the past, the County has not listened to the community
and neither the County nor the State have been responsive in providing any meaningful protection for this
coastline. But with your historic vote in April, the community now feels heard. Please continue the
process of sound community planning by supporting the revocation of SMA Use Permit No. 379 and
repeal of ordinance No. 97 102.
Thank you for your consideration and proactive actions.
Aloha,
Stephanie Naihe Laxton Mike Isaacs
Maikai'i Kamakani 'O Kohala Kohala Historic and Cultural Preservation Group
Kanoa Withington Fred Cachola
Kamakani 'O Kohala Ohana Malama Na Wahi Pana O Kohala
Gail Byrne Toni Withington
Malama Kohala Kahakai Hui Lihikai
Testimony - Hawaii County Council Planning Committee
Support for Revocation of SMA No. 379 and Repeal of Ord No 97102 and Page 3 of 3
Elizabeth C Marrack, MS
Waimea, HI 96743
Planning Department
101 Pauahi St., Suite 3
Hilo, HI 96720-3043
April 20, 2008
Re: Support for Repeal of Ordinance No. 97 192 and Urge Rezoning TMK (3) 5-9-1:8
to Ag- 20 acres
1. In the interest of the marine areas downslope and offshore of the Kohala LLC Parcel,
I want to support the Planning Director's recommendation to repeal ordinance No. 97 102
and to revoke the Special Management Area (SMA) Use Permit No. 379 for TMK (3) 5-
9-1:8.
2. My background and professional experience that is relevant to commenting on this
proposed project include:
• Masters of Science in Marine Ecology, Moss Landing Marine Laboratories,
California State University
• Bachelors of Science in Geology, Williams College
• Conducted numerous research projects on coral reefs, groundwater, and water quality
on the West Hawaii Coast in conjunction with academic institutions and state and
federal agencies since 1992.
• Raised on the Big Island and used the Kohala Coast for ocean recreation for 38 years.
3. The nearshore marine environment fronting Honokoa Gulch has historically been a
healthy coral reef ecosystem. Until several years ago, volcanic pavement and clear, clean
water supported healthy coral cover and abundant fish and invertebrate communities. The
threatened green sea turtle (Chelonia mydas) was commonly seen in the area as well. In
2006, heavy rains washed large amounts of unconsolidated sediments down Honokoa and
nearby gulches causing large amounts of sediment to be deposited on the reef ecosystem.
Surveys before and after the event by Department of Aquatic Resources show
widespread, potentially irreversible damage to the reef. Reef systems will have much
less chance of recovery if negative impacts continue. Minimizing future development
immediately onshore would be best for the reef.
4. The construction of residences on the Kohala LLC parcel will create the potential risk
for unconsolidated sediment to be washed ( again) onto the nearshore environment. The
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parcel contains steep slopes and large drainages. Soil from imported fill and site grading
could easily be washed into gulches and washed downstream onto the reef. Fine
sediments can smother coral and cause long term ecosystem effects. Fine sediments from
land-based activities have caused reef degradation throughout the State of Hawaii
including this watershed. Reducing the number of homes constructed on the Kohala LLC
parcel will reduce the chance of damage to reefs from sedimentation.
5. Contaminants from septic systems would most likely be transported by groundwater
and / or stream flow to nearshore areas causing degradation to marine ecosystems. Much
of West Hawaii's coastline is known for high volumes of submarine groundwater
discharge. Groundwater and stream flow act as conduits for leach field contaminants
including nutrients and household toxins (cleaners, pharmaceuticals, etc). Corals and reef
organisms are known to be sensitive to elevated nutrients and household toxins.
Reducing the number of homes constructed on the Kohala LLC parcel will reduce the
chance of impacts to reefs from these compounds.
6. Construction of residences on the Kohala LLC Parcel would increase impermeable
surfaces near the coastline and, therefore, increase the risk that storm runoff carrying
contaminants runs onto drainages and nearshore ecosystems. Storm runoff could include
fertilizers and pesticides used in landscaping, soil, motor oil, and asphalt compounds.
Corals and reef organisms are know to be sensitive to these contaminants.
7. Reef ecosystems have significant cultural, economic, and aesthetic value for many
people in Hawaii. The long-term trends of coral reef degradation in the State of Hawaii,
along with the rapid development of West Hawaii's coastal zone necessitate caution with
any project that is proposed close to the shoreline. Reducing the number of homes
constructed on the Kohala LLC parcel will reduce the chance of impacts to reefs from
sedimentation, elevated nutrients, and anthropogenic toxins.
I Friedlander, A. , G. Aeby, E. Brown, A. Clark, S. Coles, S. Dollar, C. Hunter, P. Jokiel, J. Smith, B.
Walsh, I. Williams, W. Wiltse. 2005. The State of Coral Reef Ecosystems of the Main Hawaiian Islands.
Pages 222- 269. in J. Waddell, editor. The State of Coral Reef Ecosystems of the United States and Pacific
Freely Associated States: 2005. NOAA Technical Memorandum NOS NCCOS 11. NOAA/INCCOS Center
for Coastal Monitoring and Assessment's Biogeography Team. Silver Spring, MD.
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Sincerely,
Elizabeth C. Marrack
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