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HomeMy WebLinkAbout2024-03-05 PL-SMA-2023-000046 Kai L. Hansen Opposition Testimony From: K Hanen To: WPCtestimony Subject: Testimony re: Punalu'u SMA(PL-SMA-2023-000046) Date: Tuesday, March 5,2024 1:40:28 PM Aloha Chair Lin, Vice Chair Daniele, and Members of the Windward Planning Committee, My name is Kai L. Hansen 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. 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 Hawaii State Constitution, and as carefully contemplated with critical input from key community stakeholders in the Ka`u Community Development Plan. Additionally, 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. 1. Over 100 cultural sites, including burials and heiau, have been destroyed since efforts to develop Punalu'u began 50 years ago. Yet there is still no burial treatment plan, no preservation plan, and no plan for access for lineal descendants. Further, in what was once a heavily populated area, it is likely there are unknown burial sites that will be inadvertently discovered and damaged should the project be allowed to proceed. These plans should be completed prior to approval of the SMA permit application. Additional consultation with lineal and cultural descendents and sweeps of the project area should be completed as well. The county has an affirmative duty to protect these cultural resources. Approval of the SMA permit at this time would violate that obligation. The Planning Department's recommendations do not adequately mitigate negative impacts. 1 . 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. 2. 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 Hawaii 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 (SETS) 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. 3. 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. 4. 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 (SETS) should be required prior to approval of the SMA. 5. The SMA permit application and project do not comply with numerous policies of the Ka`u Community Development Plan. Accordingly, I respectfully urge the committee to DENY this SMA application and protect Punalu`u Black Sand Beach. Mahalo nui for the opportunity to testify.