HomeMy WebLinkAbout2024-03-05 PL-SMA-2023-000046 Koohan Paik-Mander Opposition Testimony From: Koohan Paik-Mander
To: W PCtesti mono
Subject: Testimony re: Punalu'u SMA permit application (PL-SMA-2023-000046)
Date: Tuesday, March 5,2024 4:17:33 PM
Aloha Chair Lin, Vice Chair Daniele, and Members of the Windward Planning
Committee,
My name is Koohan Paik-Mander and I am a Hawaii Island resident and taxpayer. 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
Hawai'i 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.
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.
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.
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.
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.
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.
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.
Koohan Paik-Mander
Honokaa