HomeMy WebLinkAboutPL-REZ-2023-000051 01.17.24 Cindy Freitas TestimonyDISTRIBUTED AT LPC 1-18-24 HEARING
Item #1 Liliuokalani Trust
1-17- Cindy Freitas Testimony
From:
cindv Freitas
To:
LPCtestimonv
Subject:
#1 Applicant Liliuokalani in OPPOSITION
Date:
Wednesday, January 17, 2024 4:16:07 PM
Attachments:
Liiuokalani Trust opposition.docx
January 17, 2024
Cindy Freitas
makainan i gmail.com
Leeward Planning Commisssion
January 18, 2024
at 9:30am
LPCtestimonykhawaiicounty�ov
RE: Item 1 Applicant: Lili'uokalani Trust (PL-REZ-2023-000051)
He Mele komo a he mele aloha no na kupuna o ke au i hala Aloha mai kakou.
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'm in OPPOSITION for the following reasons;
WATER
It takes 1 acre foot of water equals 325,851 gallons per acre of land for construction that is required by
the Clean Water Act ("CWA") of 1972 (encoded in 33 U.S.C. Chapter 26) which established the
BASIC structure for regulating pollutant discharges into the waters of the United States.
The required permit will be the National Pollutant Elimination System. (NPES).
Were is this water coming from we are short of water to continue to development in Kailua Kona.
There is no explanation how all the waste water from construction would be going to.
WASTE WATER
Applicant has mention a County sewer line located on Eho and Luhia Street.
There is a problem with the County sewer line its over capacity, due to 1.7 million of waste water going
into the ocean from the Sewer plant in Honokohau-Kealakehe.
SOLID WASTE
The Solid Waste for County is over capacity and now there is a project called the North Kona Sewer
Pump Station is up for Section 106 consultation process.
CONSTRUCTION AND LAWS
Construction will have significant cumulative adverse impacts on cultural, archaeological, native plants,
rare plants and animal species and historic elements resources in the proposed project.
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" (2000). In spite of the establishment of the foreign concept of
private ownership and western -style government, Kamehameha III (Kauikeaouli) preserved the
peoples traditional right to subsistence. As a result in 1850, the Hawaiian Government
confirmed the traditional access rights to native Hawaiian ahupua `a tenants to gather specific
natural resources for customary uses from undeveloped private property and waterways under
the Hawaiian Revised Statutes (HRS) 7-1. In 1992, the State of Hawai'i Supreme Court,
reaffirmed HRS 7-1 and expanded it to include, "native Hawaiian rights ... may extend beyond
the ahupua `a in which a native Hawaiian resides where such rights have been customarily and
traditionally exercised in this manner" (Pele Defense Fund v. Paty, 73 Haw.578, 1992).
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 environmental assessments
or environmental impact statement should identity and address effects on
Hawaii's culture, and traditional and customary rights ... [H.B. NO. 2895]
Act 16, enacted by the Legislature of the State of Hawaii (2020) with S.B. No. 2060
Section 3; (2) Historic resources;
(A) Protect, preserve, and where desirable, restore those natural and manmade historic and prehistoric
resources in the coastal zone management area that are significant in Hawaiian and American history
and culture.
Therefore Applicant Lili'uokalani Trust in all due respect should be using and modifying the excising
building that is located at makalapuan which is the OLD K-MART which shut down in 2018 and the
Makalapua Theater that is all boarded up. Please don't let there company's leave unattended building
and we will be looking like OAHU.
Mahalo
/s/
Cindy Freitas