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Home My WebLink About2024-07-31 Elsa Dedman Testimony From: Elsa Dedman To: WPCtestimony Subject: AOAO of Colony 1 at Sea Mountain (PL-CCH2024-000022_WPC Hearing_0!Aug2024 Date: Wednesday,July 31,2024 12:49:38 PM Attachments: WPC Testimony for AOAO Colony 1 at Sea Mountain OlAuo2024 sioned.odf Please see attached Testimony for Association of Apartment Owners of Colony 1 at Sea Mountain for Agenda#I on 01 Aug 2024. Mahalo nui loa, Elsa Kalanikauleleiaiwi Dedman P.O, Box 230 Naalehu, Hawaii 96772 Phone: 832-230-7673 Elsa Kalanikauleleiaiwi Dedman P.O. Box 230 Naalehu, Hawaii 96772 Phone: 832-230-7673 ekdedman@gmail.com 31 July 2024 Windward Planning Commission County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 RE: Written Testimony of Elsa Kalanikauleleiaiwi Dedman—Consideration and action on a Petition for Standing in a Contested Case Hearing filed by Association of Apartment Owners of Colony 1 at Sea Mountain to contest a Special Management Area Use Permit application submitted by Black Sand Beach LLC. Applicant/Docket Number: Association of Apartment Owners of Colony 1 at Sea Mountain (PL- CCH- 2024-000022) Windward Planning Commissioners Hearing on 01 August 2024 Submission to PCtestimonv@ aiicounty.gov Introduction: I am Elsa Kalanikauleleiaiwi Dedman, a Kuleana land owner at Punalu'u Black Sand Beach my ohana are direct lineal decedent to Mahoe which hold the Palapala Sila Nui, Helu 7585 property. I was raised on our property since 1954 by my grandparents, Elizabeth Kalanikauleleiaiwi Kuaimoku - Bangay and Ferman Bangay. My ancestors are long life residents of Punalu'u long before 1892. The following ohana heirs are Kuleana property owners: Ms. Helen Ho'olapani Galban (1928-2013) Ms. Elizabeth Kalanikauleleiaiwi Bell (1938-2017), Vincent Lani Bangay (1921-1954) and Joseph Koa Bangay (1924-2008). My beloved mother, Winifred Pele Hanoa (1923-2016) and I along other community members Mr. Glen M. Winterbottom, author of Prosperity Through Preservation in the Great and Majestic District of Ka'u (copyright, Naalehu 1988) and Nelson Siu Wah Ho, Sierra Club (1950-2024) started Punalu'u Preservation in the early 1980's and latter my sister,Jimmyleen Keolalani Hanoa (1960- 2006)joined us and the grass roots organization became Ka'u Preservation with 501(c) in 1999. Aloha Chair Dennis Lin and Commissioners, I am honored and humbled for this opportunity to address the Contest Case for the Association of Apartment Owners (AOAO) of Colony 1 at Sea Mountain. It is my hope and prayer that this commission will accept Colony 1 Petition for Standing in a Contested Case Hearing. 1 In reference to Mr. Lincoln Ashida, Black Sand Beach, LLC Position Statement dated 01 May 2024, page 2, Applicants SMA permit application were met: 1. The SMA permit application requirements were not met due to failure of the requirement of an updated and current Environmental Impact Statement. Once you go forward with disturbing the 'Aina (land), Kai (ocean) and the Wai(water); Punalu'u will suffer irreversible damage to the ecosystem and all life forms within the area. Further the direct effects currently has reached a critical mass with the foot and automobile traffic throughout. The safety and public health has currently been compromised and continues to be escalated by the lack of control and any form of regulation and scientific environmental study. Additionally, the Punalu'u Water and Sanitation (PWS), LLC infrastructure has been neglected since the purchase on 31 July 2018. Noted on Page 4, Public Utilities Commission Transfer of Ownership Docket No. 2018-0408: Buyer, C &A PUNALU'U, LLC, proposes to acquire one hundred percent (100%) of the membership interests of PWS, pursuant to that certain Amended and Restated Purchase and Sale Agreement by and between Seller and Buyer, executed July 31, 2018 ("PSA"). Buyer is a manager-managed Hawaii limited liability company, and its sole manager is Xiaoyuan Liu, who is also the sole member of Buyer. Ms. Liu is a successful real estate and business investor in the United States and internationally. If the Proposed Transaction is approved, PWS will be owned by C &A PUNALU'U, LLC, a domestic limited liability company, and will be indirectly owned by Ms. Liu, a single nonresident alien (a Hong Kong citizen). Xiaoyuan Liu as buyer said she was fit, willing and able to manage PWS and provide utility services. (Reference page 15 of Docket No. 2018-0408) Ms. Liu has failed to address the potable water backup systems for 7 years and the waste water systems that would eliminate a catastrophic failure nor has she addressed the fire suppression systems adequately. Ms. Liu has not managed the systems with a long overdue upgraded into an efficient automated process for the safety and wellbeing for all residents and owners in the area. 2. The propose development is not in compliance with an updated and current coastal survey to include complete metes and bounds.The last shoreline survey was dated 1976, 48 years ago. Secondly, this area is a Tsunami Zone with remnants of the C. Brewer's derelict buildings. Why would the developer plan to rebuild with sea level rising 8 to 9 inches in the past 50 years with the expected sea level rising 10 to 12 inches in the next 30 years? 3. The proposed development appears to be inconsistent with Policies, Controls in the Ka'u Community Development Plan as determined in the 11 July 2024 Action Committee Meeting at Pahala Community Center. 2 4. The proposed development will directly impact hundreds if not thousands of rights of local indigenous 1<5naka Maoli for the following reasons: • Desecration of their ancestor's Burials which was proven with the previous development of C. Brewer and Company. The current developer has established there are burials at the proposed Village and Wellness Center with intent to excavate and bulldoze. The Kanaka Maoli believe the bones of their kupuna are imbued with mana (life force) and their proper care and respect is a critical component of their well-being. Burial of 'iwi infused the land with the necessary mana to nourish the natural world and the living and future generations of Kanaka Maoli, and to sustain the people's connection with the 'aina. Thus, the living have a kuleana (responsibility) to protect their ancestors 'iwi. • This proposed development is a continued genocide of the indigenous Kanaka Maoli. History has established the deliberate forced denationalization to conceal the occupation and militarization; therefore, the denationalization is synonymous with genocide. • This Beach and surrounding properties are irrevocably altered and that the indigenous Kanaka Maoli will have less access to practice native spirituality and a healthy sustainable lifestyle on their 'Aina, Kai and Wai. • 1 was denied my traditional spiritual practice to worship at Lanipao Heiau located adjacent to the Sea Mountain Golf Course by Mr. Daryn Arai, Land Use Planning Consultant on 18 February 2024 due to "it is off limits". The Lanipao Heiau is known as the Heiau of Keakealani my ancestor lineal descendant of Kamehameha 1. Keakealani's daughter was Kalanikauleleiaiwi my namesake. This is a direct violation of my indigenous Kanaka Maoli Rights. • This development will do more continuous damage to the 'Aina, Kai and Wai and the indigenous Kanaka Maoli. The only possible alternative to prevent this destruction is for the developer to withdraw their SMA application. In closing, it is my hope that this commission will recognize Colony 1's petition to allow them to have a voice within the contested case. There are 76 units in Colony 1; that means there are 76 families that are hoping with all their heart that the commission will have a direct positive impact upon their lives. This also includes, the Kalana Estates and Kuleana Land Owners. Mahalo nui loa for your time and consideration. Respectively submitted, Elsa Kalanikauleleiaiwi Dedman 3