The URL can be used to link to this page

Home My WebLink AboutPD SMA REPORT - S. MCMICHAEL TESTIMONY 11.15.2022Araujo, Jaclyn From: Simmy <simmy808@gmail.com> Sent: Tuesday, November 15, 2022 8:50 AM To: LPCtestimony; Council Testimony Subject: Fwd: West Hawaii Today eEdition Article Attachments: SMA Rule 9 not signed by Mayor instead managing directorjpg; SMA rule 9 $500Kjpg Aloha, My name is Simmy McMichael, Kanaka Ma'oli, born in the TERRITORY OF HAWAII. This was today's front-page news of WHT. This seems to be on my issues of the County hearing all of this week Both the County Council as well as the Leeward Planning. So, I wanted to make comments to triggering SMA Permit EXEMPTIONS. Avoiding the SMA is avoiding the trigger to HRS 343-5, important to all of this area an Environmental Assessment Requirement. As of right now the County of Hawaii has the Special Management Area of a single-family resident area permit at 7,500 sq ft. Proposal now would be statewide of 5,000 sq. ft suggested by Maui. My question now, is the 7,500 sq. ft. in the first place, legal? Why was it not signed off by Major Harry Kim of 2017. This was heard at the Leeward Planning Commission in Kona, and the Windward Planning Commission via satellite, October 30, 2017. 1 attended and testified against this, as well as 3 other attorneys. All testified was Against this and spoke within our limit of 3 minutes. Then later, one of the attorneys stepped up and went to whisper to the Chairperson, he nodded in a yes motion. The outcome was then it passed. Brought to my attention, as I'm witnessing now a lot off Ali'i Drive registered of the Kahalu'u Historic District being Desecrated. Bulldozing sacred inadvertent caves, natural spring well. Nearby, is the St. Peters Church, and Ku'e Manu, The lot located next to the largest archeological site found in the State of Hawai'i. How could there not be Burials is a huge concern. How is there no US Army of Engineering Permit, as the digging are so deep their noticeable water. Kahaluu Beach is near, and how is our Ocean not going to be polluted. Whatever you do Mauka, affects Makai. I questioned how this is being allowed and the Public and Neighbors were not even notified. Per email they are not required. I was sent a link recently by the Planning Staff to educate myself to why it is permitted avoiding the SMA process. I educated myself to Rule No. 9. and took notice of the approval on the last page. Appears it should have been signed by Mayor Harry Kim of 2017, but instead crossed off. See attached. Instead approved by a managing director(?) This is more footage than Maui, 7,000 sq ft. Changes across the board is 5,000 sq ft so that it would not trigger a SMA permit. What is not addressed is the dollar amount to trigger a Minor permit vs. Major permit of $500,000. So, what comes first, square footage, or dollar amount. Also, what is not addressed is this trigger is at the present, allowing desecration of Burials, and Historic Registered sites without a Dept. of Public Works requiring a permit. I was told as no permit is required if the lot is under ONE ACRE. I said even though it's in the Special Management Area. I was told yes, no permit required. This is HEWA, AS WE KANAKA MAOLI HAVE NO CONTROL TO PROTECT OUR IWI KUPUNA. AS WE STAND BY GOING FROM DEPTTO DEPTATA DEAD END. THIS IS CONCERNING WITH HEAVY HEART, ESPECIALLY OF KAILUA KONA, SMA BELOW THE KUAKINI HWY. AND ALIT DRIVE. THE ENTIRE AREA IS HISTORIC ARCHEOLGY, ROYAL CENTERS, CAVES OF BURIALS, AND HISTORIC REGISTERED DISTRICTS. I consider this a cemetery, thousands are buried the traditional way, HIDDEN. UNLESS YOU DIG DEEP, YOU WILL FIND THEM, AND THE HUGE CONCERN WHAT HAPPPENS WHEN ITS UNDER PRIVACY AND FULL CONTROL OF THE DEVELOPERS WITH NO RESPECT TO OUR CULTURAL. THE PERFECT EXAMPLE IS WHY THE ALII PARKWAY HAS BEEN STOPPED SINCE 2005, BECAUSE OF THIS AREA OF "SACRED ARCHEOLOGY" OUR ELDERS, KUPUNA'S WHO FOUGHT THIS HAVE PASSED AWAY. ITS OUR KULEANA TO CARRY ON WITH CONTINUED RESPECT. AS IT STATES IN THE NATIONAL HISTORIC REGISTRY OF KAHALU'U OUR LAND IS OF "SUPERNATURAL FACTORS" MALAMA AND IT WILL MALAMA YOU. AT THAT TIME THE COST TO BUILD THE ALIT HIGHWAY WAS $50 MILLION DOLLARS. AS OF TODAY, THE COST IS $250 MILLION DOLLARS $$ PLEASE KOKUA AS YOU HAVE THE POWER WITH MAKING UP RULES AND BE CAREFUL SO IT DOES NOT HAVE THE LOOPS. SPECIAL IS SPECIAL, PRESERVATION, AND PROTECTION, SACRED IS SACRED. SO, PLEASE DO WHAT IS POND! PRAYING NOW TO AKUA, ALL OF OUR ANCESTOR'S IWI KUPUNA NEED PROTECTION! MAHALO NUI LOA! Simmy McMichael Tuesday, November 15, 2022 Council to vote on legislative priorities CHANGES TO SMA PERMIT EXEMPTIONS, COUNTY CONTROL OVER TOBACCO AMONG THEM BY NANCY COOK LAUER WEST HAWAII TODAY ncook-lauer@westhawaiitoday.com Changes to special managament area permit exemptions, county control over tobacco products and a younger retirement age for police are among nine priorities Hawaii's four counties plan to present to the state Legislature. The legislative session doesn't start until Jan. 18, but the Hawaii County Council is gearing up to approve the counties' recommendations compiled by the Hawaii State Association of Counties. The council will vote on the HSAC package at its meeting Wednesday. Hamakua Councilwoman Heather Kimball, the county's HSAC representative on the board, couldn't be reached for comment Monday. But she has in the past touted the process as a good way for county issues to get aired at the state level. The process of having all four counties approve the package also makes sure everyone is on the same page, she said. "It was vetted at the council level and it was vetted at the HSAC executive committee," said Kimball. The counties offered up these five bills: ? Allows police officers to receive retirement benefits after 25 years of service, regardless of whether they have turned 55 or not. (Proposed by Maui County) ? Clarifies that traditional fishpond and agricultural practices are exempt from the requirement for special management area permits, as are public pedestrian and bike paths, installation of fencing for invasive species control or preservation of native habitats on conservation land. Lowers the minimum size of a single- family residence that would trigger a special management area permit from 7,000 square feet to 5,000 square feet. (Proposed by Maui County) ? Requests that the state Department of Health formulate rules relating to discharges of pollutants into navigable waterways that would require a National Pollution Discharge Elimination System permit, taking into account the 2020 U.S. Supreme Court ruling in County of Maui v. Hawaii Wildlife Fund governing functional equivalent sources of discharge. (Proposed by Hawaii County) ? Removes that portion of state law enacted in 2018 that declared the sale of cigarettes, tobacco products, and electronic smoking devices a matter of statewide concern and nullified any existing local ordinances or policies that restricted the sale of these products. (Proposed by Hawaii County) ? Adds county highways to the current law governing state highways where stopping, standing or parking of vehicles is restricted or prohibited, such as at scenic overlooks. (Proposed by Hawaii County) In addition, HSAC is advancing these four general priorities: ? Legislation related to increasing the availability of affordable housing and infrastructure on lands administered by the Department of Hawaiian Homelands ? Legislation related to workforce development for both civil service and green job positions ? Legislation related to wastewater infrastructure funding and programs to assist in the conversion of cesspools ? Legislation that will increase the availability of mental health and substance abuse. Copyright (c) 2022 West Hawaii Today, Edition 11/15/2022 Powered by TECNAVIA WINDWARD PLANNING COMMISSION --.......... - . Gregory hcnkxl, Chairman LEEWARD PLANNING COMMISSION Keith F. Ungef, Chat an Notice of Public Hearing; Hawaii 'Tribune-Hcrald: September 29, 2(l l 7 West Hawaii Today: September 29, 2017 Date and Place of Hearing: October 30, 2017 West Hawaii Civic Center, Council Chambers, Building A 74-5044 Ane Keohokalole Highway. Kailua-Kona, Ha,wai'i Hawaii County Building, Council Chambers 25 Aupuni Street, Hilo Hawaii APPROVE f Date: 0 / -4/17 Date! Date" amtor APPROVE AS To FC De ty Corporation Counsel Date: It/ Zi%17 I hereby certify that the foregoing amendments and revisions to the Hawaii County Planning Commission Rules of Practice and Procedure was received and filed in my office this 24th day of November , 2017. 4un lerk ..E ww uuhW:uWr�k�u' iu� 7 iliI IIW uGiuliulwi�,2ddl6Z gdlu.m d... .d.:,-1 .7..uuu.,4,� i. ..,, ;.ni�..�,n..a-- 9-11 Special Managernept Area Use Permit Procedures (a) Compliance with Chapter 343, Hawai°i Revised Statutes, If the action proposed requires compliance with Chapter 343, Hawai `i Revised Statutes, an environmental assessment or environmental impact statement shall accompany the filing of a special management area use permit application. The Department, on behalf of the Commission, shall be the accepting authority of all environmental assessments and/or environmental impact statements, if appropriate, which are prepared in accordance with Chapter 343, Hawaii Revised Statutes and this rule. A special management area use pennit application shall not be considered complete until such time as the requirements of Chapter 343, Hawai°i Revised Statutes and Title 11, Chapter 200, Hawaii Administrative Rules, if applicable, have been complied with. (b) Application An applicant who has received a determination that the proposed use, activity or operation does not conform to the requirements for a minor permit, or who has determined on its own that the proposed use, activity or operation witil exceed S500,000 in valuation or will have a curnulati%,c impact, or a significant adverse environmental or ecological effect on the Special Management Area, shall apply to the Authority through the Director fc�r a Special Management Area Use Permit. The applicant shall submit the following to the Director: (1) The original and twenty copic;s of the corn following: plcted application inc ltldi.ng the (A) A tax key description of (he: property; (B) A plot plan of the property, drawn to scale with all existing and Proposed stnlctures shown thereon and any other information necessary to Make a proper determination of the Impacts relative to the specific request-, (C) A written description of the proposed project and statement of'tile objectives; (D) An EA or EIS if required under Chapter 343, HRS, or when required by the Director; (F) A written description of the anticipated impacts of the prrt , osed development on the; ,Special Mana9cme:nt Area, including but not limited to: