HomeMy WebLinkAbout2024-03-05 PL-SMA-2023-000046 Diana B. Miller Opposition Testimony From: Diana Miller
To: W PCtesti mono
Subject: Testimony re: Punalu'u SMA(PL-SMA-2023-000046)
Date: Tuesday, March 5,2024 11:44:00 AM
Aloha Chair Lin, Vice Chair Daniele, and Members of the Windward Planning
Committee,
My name is Diana B. Miller and I urge you to deny the Special Management Area
permit application (Agenda Item #3, PL-SMA-2023-000046) that will build a luxury
resort development at Punalu'u Black Sand Beach.
The things that I really love about the island of Hawai'i are the open spaces, rural
areas and unique native ecosystems. I have lived and worked on this island since
2003 and have seen many changes, not all of them good changes.
As our climate crisis inevitably worsens, it is critical that our precious natural and
cultural resources are managed as a public trust resource, as envisioned in our
Hawai'i State Constitution, and as carefully contemplated with critical input from key
community stakeholders in the Ka'u Community Development Plan.
The SMA applicant proposes a development that caters to tourists at the expense of
our own - our own people who are already housing insecure, job insecure, and our
natural and cultural resources. The lack of planning with the prematurely proposed
SMA application for a development that will only exacerbate the erosion of our natural
and cultural resources undermines the Ka'u Community Development Plan and does
not facilitate the county fulfilling its affirmative duty to protect nearshore marine
waters.
Punalu'u has unique ecological diversity. It is home to rare and endangered native
animals, including hawksbill sea turtles, green sea turtles, Hawaiian monk seals,
native bees and orange-black damselflies. Punalu'u's shores are vital nesting grounds
for sea turtles. The SMA permit application and Planning Department
recommendations do not sufficiently address negative impacts to threatened and
endangered species.
1. The current wastewater treatment plant is outdated at 50 years old. The
treatment system only treats water to remove fecal bacteria. Current
Department of Health standards require wastewater treatment to remove
harmful viruses and bacteria, as well. It is not known how damaged the
wastewater collection system is, so it is likely leaking into groundwater.
Wastewater is pumped into infiltration basins that flow into groundwater. This
groundwater then flows into nearshore marine waters. The Hawai'i State
Supreme Court has ruled the county has an affirmative duty to protect
nearshore marine waters. This public trust resource is at risk. A 2006 Draft
Environmental Impact Statement stated, "[t]he project's engineers have
assumed the treatment plant will be replaced when the new development
begins." The Planning Department's recommendations do not address the
existing serious wastewater problems. A Supplemental Environmental Impact
Statement (SEIS) must be completed before the SMA permit application can be
approved and the wastewater treatment plant must be replaced and operational
before the SMA permit is approved.
2. The Planning Director waived the requirement for shoreline certification. Given
the degree of climate change since the last shoreline certification was
completed, a new shoreline certification should be required prior to approval of
SMA permit application. A tsunami in November 1975 damaged the restaurant
located on the nearshore anchialine pool. The SMA permit allows for
reconstruction of the restaurant, other amenities, and landscaping around the
anchialine pool, which would result in irreparable harm to this public trust
resource.
3. Since the 1988 Final Environmental Impact Statement was completed, the U.S.
Census for Hawaii island has increased by 67%. Visitor days have increased by
126%, and visitor arrivals have increased 48%. In order to determine the
additional cumulative impacts on traffic and infrastructure at Punalu`u, a
Supplemental Environmental Impact Statement (SEIS) should be required prior
to approval of the SMA.
4. The SMA permit application and project do not comply with numerous policies
of the Ka`u Community Development Plan.
There are far too many negative aspects to this project that far outweigh any gains.
At some point we need to assess developments like this with close attention to the
environmental impacts. 1 lived on Oahu prior to moving to Hawaii island. Please
don't "pave the way"to overdevelop our island as we have seen on other islands.
I strongly and respectfully urge the committee to DENY this SMA application and
protect Punalu`u Black Sand Beach.
Thank you for this opportunity to testify.
Sincerely,
Diana B Miller, USAF, LtCol (retired)
PO BOX 1295
Kurtistown, Hi
96760
808-345-0696