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From: Chuck Flahertv <br /> To: WPCtestimonv <br /> Subject: Opposition to SMA permit,PL-SMA-2023-000046 <br /> Date: Thursday,March 7,2024 9:03:08 AM <br /> March 7, 2024 <br /> County of Hawaii <br /> Windward Planning Commission <br /> Dennis Lin, Chair <br /> Louis Daniele III, Vice Chair <br /> Lauren Balog <br /> Wayne De Luz <br /> Matthias Kusch <br /> Chantel Perrin <br /> Aupuni Center <br /> 101 Pauahi Street, Suite 3 <br /> Hilo, Hawaii 96720 <br /> Re: Opposition to Black Sand Beach LLC SMA permit application, PL-SMA-2023-000046. <br /> Aloha Chair Lin and Members of the Windward Planning Commission, <br /> This testimony is dedicated to my kumu and good friends, Auntie Pele Hanoa, Auntie Keola <br /> Hanoa, Uncle Abel, and Uncle Moses, who worked tirelessly for decades to protect Ka'u and <br /> shared their knowledge and wisdom about this special place with so many. <br /> My opposition is based upon the following: <br /> Established state Supreme Court legal precedent makes it clear the applicant and Planning <br /> Director cannot use the 1988 FEIS to satisfy the requirements of HRS 343. <br /> The 2006 Draft EIS is not just a draft. It is a Draft for another project, Sea Mountain. <br /> There is no nexus to the current SMA permit application for Punalu'u Village. <br /> Because the DEIS has not been accepted, there is no FEIS. The DEIS remains subject to <br /> public review and comment, but is moot because the Sea Mountain project proposal has <br /> been withdrawn. The 2006 Sea Mountain DEIS would not be admissible in a court of law as <br /> a document representing the completion of the requirements of Chapter 343 for the <br /> Punalu'u Village project. <br />