HomeMy WebLinkAboutCOM 0343.025 2012-2014 �ha /ric //
The June 16, 2006, SMA Application states, "According to the applicant, no valued cultural, historical
or natural resources appear to exist on the property; there is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the site." The application also states that"the
proposed development will not have a direct impact upon coastal recreational resources." Those who
are testifying today to preserve the Ala Loa Trail would not be here if we felt the coastal recreational
resources were not in jeopardy.
With regard to Native Hawaiian rights being practiced on the site: Did the applicant monitor the site
24/7 for an extended period of time to make this determination? Did the applicant make a concerted
effort to interview more than just a few people? Unless I missed something, "The Cultural Impact
Assessment Associated with the Proposed Development of Kohala Kai" lists only three people under
"CONSULTATION". These were "informal phone interviews" and "None of the conversations were
taped." There was nothing in writing from claimants to review and give their final approval. Don't
claimants need to give written permission to use the information obtained from them? If not, their
words can be changed and/or misinterpreted.
This document also states that Papa Akau"was strong in his reply that the traditional trail systems be
protected and kept open for pedestrian access." Yet Kohala Kai, LLC is stating that the Ala Loa does
not exist on the land. However, it appears that Papa Akau, representatives of Ala Kahakai National
Historic Trail, and locals whose families have lived here for generations, take issue with that stand. It
needs to be determined who is right and who is wrong before we can move forward.
The Order from the Hokuli'a decision, which also addresses the Ala Loa Trail states, in part:
That the stepping stone trail/ala loa trail is a public highway under the Highway's Act of 1892 and
therefore ownership is vested in the State.
That the right to use the stepping stone trail/alaloa trail as a right of way is a constitutionally protected
right under Article XII, Section 7, Hawaii State Constitution recognizing Native Hawaiian traditional
and customary practices and that this is a traditional native Hawaiian right.
The Ala Loa has always been a Public Highway. Does the developer or the County have the right to
take public access from the public? The State and the County have an affirmative duty to protect the
public trust.
SPECIAL MANAGEMENT AREA MINOR USE PERMIT states that"The proposed development
does not conflict with the following objectives of chapter 205A, Hawaii Revised Statutes to:"and
included in that list are:
Provide coastal recreational opportunities accessible to the public. (This was not my understanding
from what was said on the walk-through.)
Protect, preserve, and where desirable, restore those natural and man-made historic and pre-historic
resources in the coastal zone management area that are significant in Hawaiian and American history
and culture. (The Ala Loa has not been protected and preserved from what I saw on the walk-through.)
Improve the development review process, communication, and public participation in the management
of coastal resources and hazards. (Thi4,ha4l1y,seerps tc ,ha,'4 taken place.)
Final points to consider: Comm. No. 03•#2
COUNTY CLERK Ref. To: P/iL
COUNTY OF HAWAII
RECEIVED Ref. Date DEC 3 2013
Time/;30 p.m By
Date /244/43
Archaeological Survey by Rosenthal delineates the trails in the maps and agrees with photographs from
1964.
Landcourt Map 1043 cites Ala Loa Trail and the 1935 map cites Ala Loa Trail.
Representatives of Ala Kahakai National Historic Trail should be consulted.
It seems that the developer, the Planning Dept. or both did not perform proper due diligence. I think it's
only fair that the process start from the beginning and that the community is invited to be involved.
Mahalo,
Jeff Sacher
Kawaihae