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From: Diane Ware <br /> To: W PCtesti mony <br /> Cc: Plannina Internet Mail <br /> Subject: In opposition to agenda item 3 Black Sands Beach LLC SMA <br /> Date: Monday,March 4,2024 8:13:26 AM <br /> Dear Commissioners, <br /> I respectfully oppose the approval of development as described in the Black Sands <br /> Beach LLC SMA. The DEIS used to base Cultural and environmental updates is <br /> outdated and never finalized. As prescribed in a Supreme Court decision <br /> 4/8/2010 Unite Here v City and County of Honolulu an outdated EIS requires a <br /> supplemental SEIS under the OEQC process due to the likelihood of changes. In <br /> this case there is a deteriorating and outdated R-2 WWTP built 52 years ago likely <br /> polluting groundwater and nearshore waters. The 2006 DEIS proposed to upgrade <br /> to R-I new plant. There is no excuse for using the current plant and the county is <br /> currently facing a lawsuit and consent decree from the EPA regarding clean water <br /> act violations with R-2 municipal plants. Please consider requiring an SEIS, an <br /> upgraded WWTP to R-1 level with UV disinfection and nutrient filtering. <br /> Further SMA approval should be deferred until issues of life and limb are <br /> rectified, such as water, fire hydrants, waste treatment, access and traditional <br /> cultural practices, shoreline changes and certification, crowd control and <br /> safety. If and when further SMA projects are approved, specific and <br /> enforceable mitigation measures must be provided in detail. <br /> Malama `aina, Kai and all creatures, <br /> Diane Ware, Moku o Ka'u Keauhou ahupua'a <br /> 808-967-8642 <br /> P. O. Box 698 <br /> 99-7815 Kapoha <br /> Volcano HI 96785 <br />