2024-09-02 Rebecca Melendez Testimony-2

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From:Rebecca Melendez To:WPCtestimony Subject:Letter 2 with Proven Scientific Articles to Help Save Punalu"u PETITIONER: ASSOCIATION OF APARTMENT OWNERS OF COLONY 1 AT SEA MOUNTAIN (PL-CCH-2024-000022) Date:Monday, September 2, 2024 1:23:04 PM Please DO NOT ALLOW THIS DEVELOPMENT IN PUNALU'U FOR MANY VITAL REASONS: Punalu'u is the Hawaiian people's heritage and their Cultural Practices there WILL be violated if this development is allowed because it Goes Against The Cultural Impact Statement Law the https://www.capitol.hawaii.gov/sessions/session2020/bills/SB3152_.HTM ENDANGERED SPECIES CONSERVATION IMPACTED BY DEVELOPMENT In the Endangered Species Act of 1973 Under Section 2 (b), "To provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved." The Green Sea Turtle swims in Keauhou Bay weekly and the monk seal has also been seen swimming and resting in Punalu'u. Both of these marine animals are on the endangered species list. Endangered Species Act "Section 2. Findings, Purposes, and Policy (4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to— (b) PURPOSES.—The purposes of this Act are to provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved, to provide a program for the conservation of such endangered species and threatened species, and to take such steps as may be appropriate to achieve the purposes of the treaties and conventions set forth in subsection (a) of this section." This was taken from https://www.fisheries.noaa.gov/national/endangered-species-conservation/endangered-species-ac FEDERALLY PROTECTED GREEN SEA TURTLES WILL BE AFFECTED The green sea turtle is federally protected and can be seen in Keauhou Bay weekly. The following article that states: "POLLUTED RUNOFF IN HAWAII ENDANGERS GREEN SEA TURTLES” Why does Hawaii have a runoff problem? Historically, in the tropics of Hawaii, precipitation was absorbed into the soil, according to the Clean Water Branch of Hawaii's Department of Health. Any potential pollution or contaminants on the ground surface would get pushed into the soil by the rain, and plant roots and microbes would help break down the pollution into less dangerous components. However, with urban and agricultural development, less and less of the pollution gets pulled into the soil, and more of it gets washed out into storm drains. From there, the pollutants make their way to streams, rivers and the ocean that surrounds Hawaii. According to the state agency, most of these contaminants are nutrients from fertilizer, bacteria from animal waste, oil, garbage and yard waste... If polluted runoff reaches the ocean, it can wreak havoc on marine life, including endangered green sea turtles." Taken from https://www.chemservice.com/news/polluted-runoff-in-hawaii-endangers-green -sea-turtles/ Allowing this development WILL POLLUTE Punalu'u. The above article, written in 2014 (because runoff water from developments were polluting the ocean even then!!!) states this fact clearly. Keauhou Bay is home to countless sea creatures such as the protected green sea turtle, spotted eagle rays, manta rays, octopus, dolphins, fish, coral, monk seals, and more and that will ALL be harmed by the severe pollution runoff that WILL happen because developments have been shown to ALWAYS pollute the water is that is nearby. The Green Sea Turtle is protected by more than one law. "All sea turtles in Hawai‘i are protected by the Endangered Species Act (ESA) and additionally protected by Hawai‘i Revised Statutes Chapter 195D (HRS) and Hawai‘i Administrative Rules (HAR) 13-124." This information was taken from this site https://dlnr.hawaii.gov/dar/species/sea-turtles/ THE ENDANGERED MONK SEAL WILL BE AFFECTED RESTING AREA for the ENDANGERED MONK SEAL. If another resort is allowed to be built, in addition to the pollution, it will also increase pollution and disturb the monk seal. This increases the chances of a resting monk seal being disturbed by humans trying to get close, take “selfie” photos, and being generally uninformed and harmful. Please see article on Selfie Culture and its harmful effects below. Has the EIS done any research on what an increased population would do in such a small area, and what will happen to the endangered species that live there? With a significantly increased population their habitat of Keauhou Bay will likely be changed forever. This information is from a NOAA Scientist; "Study shows selfie culture impacts how people behave when posting images of an endangered species on social media. There’s a seal on the beach! Let’s go get a 'selfie'!” That must have been what nearly 18 percent of people on Instagram thought before approaching an endangered species. In a recent study, NOAA scientists used social media to monitor human activities around endangered Hawaiian monk seals. They discovered that human disturbance is more common than they thought." https://www.fisheries.noaa.gov/feature-story/endangered-hawaiian-monk-seals-cry-foul-over-selfies NOAA clearly states a high population in a place where monk seals and sea turtles habitat can be a serious disturbance for these endangered species. "Hawaiian monk seals are protected federally by the ESA and the Marine Mammal Protection Act (MMPA), as well as locally by Hawai‘i Revised Statutes (HRS) Chapter 195D and Hawai‘i Administrative Rules (HAR) 13-124." This was taken from https://dlnr.hawaii.gov/dar/hawaiian-monk-seal/ Allowing a resort to be developed in Punalu'u, will threaten the habitat of these endangered species, is to threaten their life and habitat with golf course runoff pollution, as well as development pollution. By threatening their habitat, and hence their lives, this development goes completely against the Endangered Species Act of 1973. The verbiage in the Endangered Species Act states, "to conserve”. In this case, “to conserve” would be to protect the land around Keauhou Bay from developments that destroy the habitat of these endangered species with pollution and runoff. Does this EIS have any reports on the endangered species that frequent Keauhou Bay? This is their habitat and it needs to be “conserved”. Under the Conservation Program there should be research done on endangered species and their associated ecosystems. A large bungalow resort development WILL FOREVER CHANGE THIS ECOSYSTEM. "§195D-5 Conservation programs. (a) The department shall conduct research on indigenous aquatic life, wildlife, and land plants, and on endangered species and their associated ecosystems, and shall utilize the land acquisition and other authority vested in the department to carry out programs for the conservation, management, and protection of such species and their associated ecosystems." https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0195D/HRS_0195D-0005.htm Also, under this same Conservation program, "(2) Taking such action as may be necessary to ensure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of threatened or endangered species." https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0195D/HRS_0195D-0005.htm GOLF COURSE POLLUTION KILLS MARINE LIFE AND DRASTICALLY CHANGES ECOSYSTEMS ”The golf industry uses approximately 50 pesticide active ingredients, including chlorpyrifos—an insecticide that is banned for residential use by the EPA due to developmental hazards. Having to trim golf turf to low heights also makes it even more vulnerable to pests, which leads to more pesticide use." https://rainorshinegolf.com/pages/the-environmental-impact-of- golf-courses These pesticides will be in the pollution runoff that will enter Keauhou Bay more severely should the natural habitat of the trees be removed and replaced with pavement. This is unavoidable! Please read from Wikipedia, " Most drains have a single large exit at their point of discharge (often covered by a grating) into a canal, river, lake, reservoir, sea or ocean. Other than catch basins, typically there are no treatment facilities in the piping system."https://en.wikipedia.org/wiki/Storm_drain#:~:text=Most%20drains%20have%20a%20single,discharge%20into%20individual%20dry%20wells The pavement from this development will cause pollution to runoff into Keauhou Bay because this treed land that will become a housing development is situated directly between the golf course and the Bay. These trees, which absorb all the pollution from the golf course is the BEST AND ONLY PROTECTION POLLUTION FILTER Keauhou Bay has from the golf course pesticides, fertilizer and weed killer. See the below paragraph for further references. See page 2 at: https://health.hawaii.gov/epo/files/2013/09/Stormwater-MS4-Presentation-HEF-7.15.14.pdf where the Hawai'i government states that Natural Ground Cover has 10% runoff, where has development has 55% runoff. So, even if you have storm drains the pavement this development will create will cause more runoff into Keauhou Bay than the Natural Ground Cover that is has now, that has been protecting the bay from golf course pollution for years. These trees and land are saving monk seals and green sea turtles habitat from the golf course pollution and this land MUST BE PRESERVED and CONSERVED as the natural protector for Keauhou Bay and for these endangered species habitat. Under Section 2 (b) of the Endangered Species Act - PUNALU'U MUST BE PRESERVED for these endangered species. It is currently their habitat, and to allow a large resort development to be built above this bay clearly threatens the lives of these endangered species by allowing golf course toxic pollution and development pollution to run into these species natural habitat of Keauhou Bay. ALGAE BLOOMS KILL CORAL AND MARINE LIFE The trees that are slated to be cleared for the development further protect Keauhou Bay from algae blooms that have been proven to be caused by pollution that is runoff from fertilizer and weed killer. When there is heavy rain the land above the bay has a greater runoff than normal. Without the trees, the runoff from the golf course pollution will pour into the Bay likely causing frequent algae blooms. Algae blooms have been shown to kill coral and marine life as stated in the many articles that will follow. One of these articles is from the Global Coral Reef Alliance. They have researched the effects on reefs before and after a golf course developments. Though this development is not a golf course development, it is located just below a golf course and exposes the bay to the pollution from the golf course by removing the proven natural filter of the trees and natural ecosystem. This information was taken from Global Coral Reef Alliance and it is an actual study on the how coral and marine life are affected before and after development. It's titled, "Golf courses kill coral reefs and fisheries: harmful algae blooms and disease cause by nutrient runoff from golf course development on Guana Cay, Abaco, Bahamas Introduction: Bahamas coral reef deterioration This study is thought the first ever to evaluate the health of coral reef ecosystems and fisheries before and after a golf course development..The vast majority of corals have died from a combination of factors including global warming, new diseases, land-based sources of pollution.. ." https://www.globalcoral.org/golf-courses-kill-coral-reefs-and-fisheries-harmful-algae- blooms-and-disease-caused-by-nutrient-runoff-from-golf-course-development-on-guana-cay-abaco-bahamas/ If you allow a Bungalow Development in Keauhou Bay you WILL be agreeing to pollute this bay for years to come and COMPLETELY CHANGING and possibly DESTROYING KEAUHOU BAY'S ECOSYSTEM. Another study by the Coral Reef Alliance titled, "Golf course fertilizer runoff causes nutrient enrichment leading to harmful algae blooms on a Bahamian coral reef. “...After construction new algae blooms appeared nearest the golf course green, smothering corals in adjacent reefs, along with sharply increased coral diseases..." https://www.globalcoral.org/golf-c ourse-fertilizer-runoff-causes-nutrient-enrichment-leading-to-harmful-algae-blooms-on-a-bahamian-coral-reef Does this EIS have any studies or reports on the extra runoff pollution due to clearing land and adding pavement? This needs to be fully assessed because you will be changing an entire ecosystem to build a bungalow resort. It rains in Keauhou Bay many nights out of the year and this kind of pollution will kill the beautiful and necessary coral in the Bay. FURTHERMORE: ”If there are toxic algal blooms, like red tide, or man-made contaminants, like pesticides or detergents in the water, those toxins are contained within the bubbles of sea foam. When those bubbles pop, the toxins can become airborne and compromise the air that is breathed in that location." https://oceanconservancy.org/blog/2023/03/31/what-sea- foam/ ENGINE POLLUTION CAUSES ISSUES IN THE OCEAN Because this Resort could have over 300 extra cars and over 300 or more extra people in and out of Punalu'u as well as there will be employees with cars, guests with cars, visitors with cars. At times this would range to over 500 more cars (likely more), coming in and out of, and parking above thereby causing serious car population issues because of all these added cars right next to Punalu'u. The article below is from NOAA regarding motor vehicle engines and pollution to the sea. What is the biggest source of pollution in the ocean? Most ocean pollution begins on land. "Millions of motor vehicle engines drop small amounts of oil each day onto roads and parking lots. Much of this, too, makes its way to the sea. Some water pollution actually starts as air pollution, which settles into waterways and oceans. Dirt can be a pollutant. Top soil or silt from fields or construction sites can run off into waterways, harming fish and wildlife habitats." https://oceanservice.noaa.gov/facts/pollution.html#:~:text=Millions%20of%20motor%20vehicle%20engines,Dirt%20can%20be%20a%20pollutant. Land-Based Runoff Remains Top Source of Oil in the Ocean, Says New Report Oil in the Sea: Inputs, Fates, and Effects News Release September 28, 2022 WASHINGTON — Oil in runoff, primarily from cities and vehicles, is the top source of oil entering the ocean, says a new report from the National Academies of Sciences, Engineering, and Medicine. In North American waters, estimated ocean oil pollution from land-based runoff is up to 20 times higher than it was 20 years ago, and oil spills, natural oil seeps, and discharge from oil and gas operations remain major sources of pollution. The report recommends actions that government and others should take to minimize oil pollution, and calls for sustained research funding to better understand how oil reaches and affects ocean environments. https://www.nationalacademies.org/news/2002/05/oil-in-the-sea-inputs-fates-and- effects#:~:text=WASHINGTON%20%2D%2D%20Nearly%2085%20percent,pipeline%20spills%2C%20says%20a%20new The Impact Of Stormwater – Car Emissions "Car emissions are not limited to exhaust fumes that contribute to air pollution. They can also leak automotive fluid and release heavy metals that can contribute to stormwater pollution, contaminating local waterways." https://www.stormwatershepherds.org.au/blog/the-impact-of-stormwater-car-emissions/ NOISE POLLUTION’S HARMFUL EFFECT ON MARINE LIFE Does this EIS have any reports on the noise pollution that will happen and what it could do to marine life in Keauhou Bay during development? Because if you allow this Bungalow Resort to be developed you will increase constant noise in this bay for years to come and, "Noise Pollution Research shows that underwater noise from construction, shipping and naval vessels significantly impacts the natural behavior of cetaceans and many other marine species. This can be seen when mass beaching events occur or breeding success is diminished." The above information was taken from the Ocean Conservation Trust https://oceanconservationtrust.org/ocean-advocacy/think-ocean/ways-to-think-ocean/ How Does Noise Pollution Harm Marine Species? "However, over the past few decades, noise pollution in the marine environment has increased dramatically and is threatening the natural soundscape of the marine environment. Ships, seismic surveys, explosions, construction, and sonar devices have made the once peaceful environment into a loud, chaotic home which is extremely damaging for marine wildlife. This type of pollution is often overlooked in comparison to others but its impacts are now being documented across all types of marine ecosystems." https://earth.org/noise-pollution-in-the-ocean/ If you allow this resort the amount of people in this bay will fully increase and, "Hawai‘i’s recent history has shown that the state’s growing population can have an adverse effect on nearshore fish populations. Protecting this important resource for the enjoyment of future generations is essential. Ideally, management of the resource should balance the needs of different user groups, but the welfare of the marine environment on which its inhabitants depend must be the most important consideration." This was taken from Hawaii's own Division of Aquatic Resources https://dlnr.hawaii.gov/dar/marine-managed-areas/hawaii-marine-life-conservation- districts/#:~:text=Snorkeling%20and%20SCUBA%20diving%20are,effect%20on%20nearshore%20fish%20populations. What is ocean noise? "Ocean noise refers to sounds made by human activities that can interfere with or obscure the ability of marine animals to hear natural sounds in the ocean. Many marine organisms rely on their ability to hear for their survival. Sound is a highly efficient means of communication underwater and is the primary way that many marine species gather and understand information about their environment. Many aquatic animals use sound to find prey, locate mates and offspring, avoid predators, guide their navigation and locate habitat, as well as to listen and communicate with each other. Over the last century, human activities such as shipping, recreational boating, and energy exploration have increased along our coasts, offshore, and deep ocean environments. Noise from these activities can travel long distances underwater, leading to increases and changes in ocean noise levels in many coastal and offshore habitats. These rising noise levels can negatively impact ocean animals and ecosystems. Higher noise levels can reduce the ability of animals to communicate with potential mates, other group members, their offspring, or feeding partners. Noise can also reduce an ocean animal's ability to hear environmental cues that are vital for survival, including those key to avoiding predators, finding food, and navigating to preferred habitats." https://oceanservice.noaa.gov/facts/ocean-noise.html LEARN FROM OTHERS: RUN-OFF FROM DEVELOPMENT KILLS