HomeMy WebLinkAboutS. McMichael 48 hours Testimony 05.31.23 From: Simmy
To: LPCtestimony;WPCtestimony
Subject: Fwd: Oppose Proposed amendments to planning Rule 8 and 9
Date: Wednesday, May 31,2023 10:34:10 AM
Aloha Leeward and Windward Commissioners,
I oppose the crossing off the Archeological Resources Requirements when submitting an
SMA application. Leaving if up to the owner/developers?? A'OLE!! They will only go fast
forward to hide and destroy any
archeological burial, caves, mounds, natural spring well, lava tubes. It they report any, the
job shuts down by DLNR/SHPD.
Kona Ali'i Drive was inhabited by the upper class of Hawaiian society. John Reinecke,
during his archeological survey of 1930 reported that the ahupua'a of Kahalu'u probably had
the Greatest number of Archeological sites to be found anywhere on the island. The highest
chiefs of Hawaii favored the lands of Holualoa and Kahalu'u because of the good climate,
and abundance of food and good Surfing Ground. It is our Kuleana to Protect our Kupuna
IWI.
This area (SMA SPECIAL MANAGEMENT FROM KUAKINI HWY TO MAKAI
OCEAN) is all full of BURIALS, TRADITIONAL WAS TO BURY SECRETLY. IT IS
IMPORTANT TO NOT CROSS OFF RULE 9 AS ATTACHED.
I especially love reading all the archeological reports, full of documented history.
Kahalu'u Beach:
The photo of the cesspool in the ocean, I took this photo 2017,per County, it was 80 feet
back, 20 years ago!! They County left this cap open for weeks and closed the beach. I have a
video.
Banyans:
The photo of the condos is of Banyans our local favorite Surf Spot. I ran Surf Contests back
in the 1970's and 1980's for 10 years. Many of our Kona Surfers have made it to the top,
Shane Dorian and Mike Stewart.
The seawalls were of huge concerns. Illegal fills, and repairs took place. Sandbags were
lining the ocean front and separating polluting the ocean and turtles died with tarps covering
the reefs. Battle of who's jurisdiction County or State.
At this time, I called Mayor Billy Kenoi and he helped to address this out of control illegal
rebuild/expanding seawalls.
The State Law is of 40 or 60 feet, depending on the lot.
I would agree if our Planning Rule 8 to be amend the set back from 60 feet to 130 feet based
on the Fact, SEA LEVEL and EROSION has Already taken place here on Ali'i Drive.
We need to plan ahead, as of now we are going nowhere. 40 feet was already, let me remind
you Kahalu'u cesspool 80 feet back, of 20 years.. Over and acre of the land is in the ocean at
Banyans. The Ocean will move inland further, erosion and sea level rising.
Plan ahead, our shoreline should benefit the PUBLIC USE and RECREATION. 205A
REVISED STATUES 205A-1 Coastal hazards: means tsunami, hurricane, wind, wave,
storm surges, high tide, flooding, erosion, sea level rise, subsidence, or point and non-point
source pollution.
Please keep the required archeological requirements to application, and extend the shoreline
set back 60 feet to 130 feet.
Article XI, Section 9 of the Hawaii State Constitution which states:
Each person has the right by law relating to environmental quality, including control of
pollution and CONSEVATION, PROTECTION, AND ENHANCED OF NATURAL
RESOURCES. ANY PERSON MAY ENFORCE THIS RIGHT AGAINST ANY PARTY,
PUBLIC OR PRIVATE THROUGH APPROPRIATE LEGAL PROCEEDINGS,
SUBJECT TO LIMITATIONS AND REGULATION AS PROVIDED BY LAW. THE
APPLICATION FOR A SPECIAL MANAGEMENT AREA PERMIT AFFECTS THE
FOLLOWING AND AFFECTS ME INDIVIDUALLY AS WELL AS MY
ANCESTORS ARE OF THIS LAND. HISTORIC PROPERTIES, HISTORIC DISTRICTS
NEARSHORE WATERS OF ALPI DRIVE.
UA MAU KE IA OKA AINA IKA POND! PLAN FOR THE NEXT GENERATION,
PRESERVE AND PROTECT! WAY TOO MAY DEVELOPERS ARE PRESENTLY
LOOKING AT THIS PRICELESS LAND TO DESTROY FOR PROFIT $$. THEY ARE
OUTSIDERS WHO HAVE BEEN SUCCESSFUL OUTSIDE OF HAWAII. THEY SEE US
AS A GOLD MINE GETTING IN THE GROUND LEVEL. WE ARE NOT NAIVE;
DIFFERENCE, WE SEE OUR LAND AS OPEN SPACE AS NATURAL AND
CULTURALLY IMPORTANTANCE. TOURIST ARE OUR LINK FOR OUR ECONOMY,
AND THEY COME HERE FOR THE BEAUTY OF OUR LAND. OAHU AND MAUI IS
ALREADY BEYOND REPAIR. ALII DRIVE IS THE LAST TO SAVE AND PROTECT
ALL SACRED HISTORIC SITES, AND SAVE OUR BEACHES AND WAHI PANA,
SURF!!
Mahalo,
Simmy McMichael
West Hawaii Surfing Association since 1986
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Lfferentiate between residences and hetau archaeologically? We
till haven't answered basic questions such as these about the
�a3or kinds of features associated with archaeological sites and
Lnci ent Hawaiian culture.
The Kona District on the island of Hawaii is distinctive,
because it was inhabited by the upper classes of Hawaiian society,
the ali 'i. They especially favored the land divisions (ahupuata)
of Holualoa and Kahaluu. John R,einecke, during his archaeological
survey of 1930, reported that the ahupuata of Kahaluu probably
had the greatest number of archaeological sites to be found anywhere
on the island. William Ellis, who made a tour of the island in
1823, reported densely populated villages along the coast (of
Kona) , numerous temples, and abundant farmlands inland. John
Papa Ii, the Hawaiian historian, reported (in 1812) these lands
were residences of the important chiefs of his time. The highest
chiefs of Hawaii favored the lands of Holualoa and Kahaluu as
dwelling places, because the land had good climate, an abundance
of food, and good surfing ground.
Presumably, Kona has always been a popular dwelling place,
and would be a likely location to study the development of Hawaiian
social organization in situ, from initial colonization through
historic times.
We need to know more about the daily lives of the ali `i;
the kinds of houses they lived in, their wealth, and their physical
characteristics. Our surface survey of A13.'i Drive reavealed that
the new road will cut through an area which was densely inhabited
Ui4f cc- , 140 �oto
5A
Surfer finds human
skull in Kona
BYCAROLYN LUCAS-ZENK and stern:"This is not a tour-
WESTHAWAIITODAY ist site. Anyone caught with
clucas-zenk@westhawaiitoday.com photos or disturbing the burial
A human skull was discbv- site will face severe repercus-
sions.Leave the remains alone.
ercd 'Imam on the ocean
Respecc
side of the Kona Bali Kai.The
Accordingto Hawaii Revised
State Historical Preservation Statutes,"Appropriation,exca-
Division and Hawaii Island vation, injury, destruction, or
Burial Council will meet today alteration'of a burial site is
to determine the care of the a misdemeanor for. which*a
M2. or bones, said Phyllis fine noi to exceed $25,000,
"Coochie"Cayan,the division's may. imposed in addition
History and Culture Branch to<any other penalty provided
chief ---by chapter 706 for a misde-
"With inadvertent finds, meanor"Each day of a eontin-
the care of the bones is under ued«olation shall constitute a
the state. Our No. 1 priority distinct and separate ofense.
is protection. Several factors Kailua-Kona resident
will play into the decision as to Walter Gay said he was walk-
whether the iwi will be relocat ing along the shoreline on.
ed,"Cayan said."Staff from the his way to surf at Banyans
State Historical Preservation around noon Tuesday, when
Division have secured the he noticed something unusual
remains. The Division of in the sand.He claimed high
Conservation and Resources surf uncovered the top part of
Enforcement is regularly a skull and an eye socket Then
checking the site to make sure more water exposed the teeth
the remains are not exposed or Gay immediately called
disturbed:' DOCARE. Within an hour,
As of press time Wednesday, DOCARE officers, State
it was not clear whether the Historical Preservation
skull was of Native Hawaiian Division staff and kupuna
ancestry. However, archeolo- arrived. By Tuesday evening,
gists think it might be of a Gray said the remains had been
youth,Cayan said. reburied and secured with
The State • Historical heavy rocks.
Preservation Division has Native Hawaiians believe
been notified that some people mans,or the spiritual essence
have taken photos of the skull and power of a person,resides
and are sharing, distributing in his ivvi.It was important for
or posting the images.Besides the bones of deceased persons
being "disrespectful;' this is to complete their journey and
illegal to take photos of Native return to the ground to impart
Hawaiian remains and viola- their mana. Sandy areas were
tors can face fines ofthousands often easier to bury ivvi than in
of dollars.All photos should be the dirt or lava,Cayan saict
destroyed immediately, Cayan Report violations and con-
said. terns regarding this burial
Already word has spread site to the State Historical
about the latest find of Preservation Division's Kona
ivvn and concern has been office at 327-4959 or the state'
expressed over the Security of Department of Land and
the remains. &yan's message Natural Resources' enforce-
Wednesday to"the inquisitive ment hotline at 643-DLNR
public" was straightf jrward (3567).
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� NT AND NATURALRESOURCES �--;O
Climate Change;Sea Level Rise—House Bill 549 amends Hawaii's Coastal Zone Management Act to
incorporate consideration of sea level rise. Adds sea level rise as a consideration for the permitting
process within a special management area. Extends shoreline setbacks, protects public acess1s,and
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prohibits development in areas significantly affected by projected sea level rise. ����
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The of Chapter 20SA,Hawaii"Revised.Statutes CHRSR�,.
Management Area Rules and Regulations of the County of Hawan;is to Qreserye,protect -
and where possibley to restore the natural resources of the coastal zone areas. Therefore,
1to avoid
" special controls on development wit`'tnn an area along the shoreline are necessary
management options.
permanent loss of valuable resources and the foreclosure of manag
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HISS 205A
•Histori'c reservation Law
(HRS 6E)
Pursuant to the State Constitution's protection of historic
and cultural sites, this legislative act declares that the State
shall " provide leadership in preserving, restoring and
maintaining historic and cultural property, to ensure the
administration of such historic and cultural property in a
spirit of stewardship and trusteeship for future
generations..."
It lin ct rtf i I' lt it I �� �
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Reasons for the amendiments: FIRS, 205A-43.6 wits anten&d prior to Act IG:
Therefore, the planning Director is taking, this tine to Update Deportment Rtile I I to #
reflect current State law.
M The Planning Director is also amending Commission RUIC 9 to update and string clarity jo
the following sections;
(a) Ride 9-1 l(b)(4) Archaeological Resources Requirements when SAI'li,ttingt an
application:
(4) Archaeological Resotal-ces
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A A IjL n ,rjgjjon ttrtci ?I()t 71 rfi v�ri tit knc rti Imo ,
archa olc ical and t:trltural retimjr9ces cttty the-..LrqLerty
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CITY AND COUNTY OF
HC3NOLULU
Chapters 23 and 25, ROH,
implement the State CZM
regulations, changes to HRS
Chapter 205A need to be reflected
in these City ordinances.
An increase to the minimum
shoreline setbackm within which
development is prohibited. The
current shoreline setback is 40 or
60 feet, depending on the lot.
Under the prposed amendments,
the setback would range from 60
feet to 130 feet, based on historic
erosion rates, similar to the