HomeMy WebLinkAbout2024-03-04 PL-SMA-2023-000046 Kinohi Neves Opposition Testimony From: Kinohi Neves
To: WPCtestimonv
Subject: Testimony regarding Punalu'u-Kinohi Neves
Date: Monday,March 4,2024 3:28:48 PM
Attachments: Testimony-Punalu'u-Kinohi Neves.pdf
Aloha.
Attached is testimony regarding Punalu'u and the proposed project of Black Sands LLC.
Humbly,
Kinohi Neves
Aloha nui to the Windward Planning Commission,
My name is Kinohi Neves and I am currently a resident of Kahuku, in Ka`u. I strongly
oppose the project being proposed by Black Sands LLC. There are many questions that I have
about the proposal that are important to be analyzed and answered, rather than ignored in favor
of a massive project with huge implications for the Ka`u community.
I am calling that Black Sands LLC provide an updated Environmental Impact Statement
alongside this proposed project, since the latest EIS provided is from 18 years ago! Doesn't an
EIS live for only 5 years? Within that 2006 EIS, the proposed waste water system infrastructure
would be quite outdated for today, in 2024. The 2006 EIS does not list possible groundwater or
surface water impacts.
I am also calling for the completion of a certified shoreline resources survey by Black
Sands LLC. Why should they be exempt from this step?
This project will include a 2.5 story fish market, retail services, and a restaurant, spanning
8000 square feet on half of an acre. However, these activities do not match with the
recommendation of the The Community Development Plan (CDP), which is that any coastal
commercial activities be coastal dependent activities.
How will Black Sands LLC`s project affect the endemic species of Punalu`u, and the rest
of Ka`u? Runoff could be a major threat to Megalagrion xanthomelas and Hylaeus species.
Punalu`u Beach is already overwhelmed with visitors, so how will this project further disturb the
lives of the honu`ea(hawksbill turtle), who actually nest there at Punalu`u? How will this project
affect the anchialine pools in Punalu`u as well?
Furthermore, since the State of Hawai`i`s jurisdiction would extend up to the high tide
and/or high water mark, wouldn't this jurisdiction fall under the auspices of the Department of
Land and Natural Resources, and not a private entity? Since the project will be in a tidal wave
zone.
Even if we are to rely on the 2006 EIS of Black Sands LLC, how will the 1.2 tons per
acre per month of air pollution impact Punalu`u? What changes will be made to the surface water
quality of the anchialine pools? What will be the impacts to Punalu`u from the increase in
groundwater and introduced contaminants?
Is there a sewage treatment plan? How about a plan for the waste produced from this
project, being that Wai`ohinu Transfer Station is still incomplete, and Ka`u transfer stations are
open only 3 days a week?
The SMA has no provision for affordable housing while the 2006 DEIS did. County
ordinance 2017-66 section 3.4 Policy 6 Ka'u CDP states: " Development of visitor
accommodations and any resort development should complement the character of the area,
protect the environment; and provide affordable housing to meet the demand created by the
development."
Community trust in the developer has eroded as promises made in 2021 and proposed in
earlier SMXs to fix and repair what is neglected and broken has not been completed or in some
cases not started.
Increased visitors and traffic will have adverse impacts especially along the shore and to
endangered species and those engaging in traditional and customary practices. Most residents
consider the beach areas over capacity now. Honu and honu'ea are increasingly impacted with
hazards, harassment and polluted water. This development could double the impacts and
diminish the bay's beauty and sense of place.
There is a need for an updated SEIS with public review under the OEQC process. The
last final EIS was completed in 1988 and much of the amended reviews offered by the developer
are based on a DEIS 17 years ago which was abandoned before an FEIS was completed. Black
Sands Beach, LLC needs to follow the precedent requiring a SEIS as prescribed by a Supreme
Court ruling 4/8/2010 in the Unite Here v. City and County of Honolulu lawsuit.
Sincerely,
Kinohi Neves
kinohi7@hawaii.edu
3/4/2024