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HomeMy WebLinkAbout2024-10-02 Dr. Gina McGuire Testimony From:Gina McGuire To:WPCtestimony Subject:Written Testimony for Windward Planning Commission, PL-SMA-2024-000063 Date:Wednesday, October 2, 2024 12:54:12 PM Aloha nui, I am submitting (attached) written testimony in regards to the Windward Planning Commission agenda item for October 3, 2024: Kaimu Cove LLC (PL-SMA-2024-000063). I am writing as an individual and not on behalf of an organization. I know that it's past the deadline to submit written testimony and also plan to share my perspective tomorrow but I hope that this can be added to the record and if possible shared with the Windward Planning Commission. My contact information is: Dr. Gina McGuire PO Box 247 Mountain View HI 96771 gina.mcguire@dri.edu (808)854-2575 Mahalo for your consideration of my testimony and please don't hesitate to reach out if you have any questions. Me ka oiaio, Gina PUBLIC RECORDS NOTICE: In accordance with NRS Chapter 239, this email and responses, unless otherwise made confidential by law, may be subject to the Nevada Public Records laws and may be disclosed to the public upon request. Dr. Gina McGuire PO Box 247 Mountain View HI 96771 (808-896-6253) gina.mcguire@dri.edu Aloha nui, I would like to provide testimony in regard to the proposed Special Management Area permit (PL-SMA-2024-000063) for development of the Kaimu Cove LLC 5-lot subdivision. I am providing expertise in my capacity as specialist in the intersections of coastal and community health in H(focus of my PhD specifically) from both ecological and cultural lens. I provide this expertise as an individual, un- connected to an organization. I have worked as an ethnographer and GIS analyst for cultural assessments and as a research ecologist here in for the last five years and am a lifelong resident of Puna, . This proposal is not in alignment with several county and state policies and is not in the best interest of community and ecological heatlh. Proximity to Critical Coastal Nursery Over the last four years my research team has conducted limu and marine invertebrate surveys below). This site is documented within ancestral knowledge and our collected oral histories as a critical site for cultural practices and lifeways as well as a biodiversity hotspot for many marine organisms cherished by the Kalapana communities. I cannot understate the importance of this site: as the only low-lying coastal access point for both the Hawaiian communities of Kalapana (Kaim unique geologic features. This tidepool system is unique in that it currently only has native limu (seaweed) species documented (current documented number is 44 known native species) including several extremely rare endemic limu species (ex. Boodleopsis hawaiiensis). It is a nursery location for many native fish, both ecologically and culturally valued including moi (Polydactylus sexfilis) and (Kuhlia spp.). development-based contaminants. This refugia of native species is currently protected from wastewater and storm water runoff effects that come from development due to the un-developed areas that currently buffer it. This proposed development would significantly increase the stressors to this system in the forms of runoff (unavoidable when impervious surfaces are created) and wastewater inputs from five single family homes are added (more detailed below). Figure 1: proximity of development to high value limu (seaweed), marine invertebrate, and y grounds. This is the only site of this type currently on the Kalapana coast due to recent geologic activity. Incompatibility of SMA with Existing PunaCDP 1 The current Puna Community Development Planstates: “Important coastal resources— biological, historical, and access trails—are at risk of degradation or loss due to development and erosion. Traditionally, coastal trail alignments moved inland as the shoreline retreated, but contemporary legal practice often leads to the loss of trail segments. Similarly, coastal vegetation naturally tracks inland with shoreline erosion, unless the vegetation line is artificially maintained. Present Special Management Area (SMA) rules and review practices do no adequately take these change factors into account” (pg. 26). The Puna CDP directly asks for “bold planning initiatives to re-shape the pattern of future growth and development in a manner that is more in harmony with the natural setting,” and directly cites the impacts of development onincreasing the spread of invasive, non-native species, the decline of native organisms, fragmentation, alteration of drainage patterns, and collapse of geologic structures (pg.12). Clear goals of the CDP include protection of cultural sites and value, maintenance of the character of older communities, and protection of native forests (pg. 19-20). This development is not in alignment with the character detailed below). 1 Puna Community Development Plan. 2011. Ordinance No. 08-116.0 (hawaiicounty.gov) is the connecting piece in the Puna coastal applicant has harmed coastal trail access (see photo below) along this key bridge between the and has already cleared portions of ancestral coastal forest groves.My research team has conducted vegetation surveys along this coastline from 2021 forward and this land owner has harmed these coastal forests and pre-existing coastal trails already in the clearing of their property. The vision to emplace 5 homes upon this lot, further harming coastal access for Native Hawaiian along a key coastal trail segment IS NOT in aligmentwith documented community goals, vision, or needs. Figure 2: Current gating on property discouraging coastal access. H Figure 3: damage to historic trail system through land clearing efforts done by the developer. Coastal Impact The proposed SMA states that the development will not have any substantial adverse environmental or ecological effect and that any effects will be minimized to the extent possible. However, without an environmental impact assessment and without having in-depth knowledge of this coastline, this statement cannot be true. The SMA cites the shoreline setback and septic-system wastewater management as mitigations for many of the perceived ecological impacts on the nearshore and coastal ecosystem. However, demonstrated ridge-to-reef and immediately--coastal-development-linked impacts are 2 well documented and backed with scie. Septic tanks are increasingly being documented as failing to provide effective waste water treatement, 34 particularly in the highly porous areas in such close proximity to the coast. Potential for Increased Stormwater Runoff The platformshows recurring brown water advisories for the coastline, linked to heavy rain events that result in stormwater runoff. This runoff incudes potentially overflowing cesspools, sewer, manholes, pesticides, animal fecal matter, dead animals, pathogens, chemicals, and associated flood debris (). These events pose threats to human health and to the nearshore ecosystems of . 5 change these high intensity rain events are expectedto increase. Increasing the number of anthropogenic, low-permeable surfaces through development and increasing the amount of human-generated waste alongside anticipated high-frequency and high-intensity rain events poses great risk to the linked human community and nearshore environment health. Incompatability with Cultural Rights & Site Disturbance Historically, privatized coastal managementhas led to the forced removal and long-term separation of Native peoples from their traditional gathering grounds(both here in 6 across Indigenous worlds). This is an ongoing issue on island even with "friendly" organizations which have restricted through their policies, Native Hawaiian access and use. It is insulting and unacceptable to vision this level of development onNative coasts without a cultural assessment and without consideration for the fishing and gathering rights of Native Hawaiian communities that will be impacted by this development.The areas surrounding this property are actively used by Native Hawaiian Kalapana community members for fishing ang gathering purposes. 2 Carlson, R.R., Foo, S.A., and Asner, G.P. 2019. Land use impacts on coral health: a ridge-to-reef perspective. Frontiers in Marine Science 6. DOI: 10.3389/fmars.2019.00562. Foo, S.A. and Asner, G. 2020. Impacts of remotely sensed environmental drivers on coral outplant survival. Restoration Ecology. DOI:10.1111/rec.13309 3 .L., Abaya, L.M., Panelo, J., Remple, K., and Nelson, C.E. (2021). Identifying locations of sewage pollution within a Hawaiian watershed for coastal water quality management actions. Journal of 7 4 5 Fandrich, K.M., Elison Timm, O., -term (2026-2035) climate variability and change for the Main Hawaiian Islands. JGR Atmospheres. DOI: 10.1029/2021JD035684 6 McGuire, G. 2023. Indigenous Ecology on an iwi Coast. Dissertation. University of There are significant cultural sites that cannot be relocated and will undeniably (and already have been) impacted by the development (either directly or in close proximity to the development). These include primarily the coastal trail system that connects K. “The elevated trails of lower Puna appear to be unique in that… they do not occur elsewhere in the 7 Hawaiian Islands.”. This trail has already been severed by the developer in the process of clearing the property, showing clear disregard and disrespect for Native Hawaiian cultural sites and access. The SMA willfully ignores the cultural significance of this property’s location on this coastline. County acceptance of this proposal would represent willful acceptance of the loss and detriment to Hawaiian cultural sites in one of the last ecological and state and on-island. Kalapana is a very special place with enormous ancestral and cultural significance. Safety In addition to the expected ecological, cultural, and community-level effects of this proposed development, there are profound implications for human safety that have not been addressed. Coastal Inundation I am attaching below a map of the passive flood zone (green) and the coastal flood zone (orange) . (Please access the interactive map at the link here).This area encompasses a significant portion of the proposed development area. flooding has multiple impacts for human safety including exacerbation of previously mentioned stormwater runoff, groundwater and cesspool/sewer infiltration, and property loss. These effects osed development. 7 Layer citations: Coastal Flood Zones with3.2feet of sealevelrise – TetraTech,Inc. for The Stateof Hawai‘i 2018 HazardMitigation Plan, Hawaii Emergency Management Agency SeaLevel Rise Under Passive Flooding with 3.2 feet of sea level rise – University of Coastal Geology Group Closing Thoughts The Environmental Precautionary Principle (EPP) establishes a need to act in favor of 8 environmental protection when there is uncertainty (Akins et al. 2019). Akins et al. described the need to expand beyond the EPP to a universal precautionary principle (UPP) “which recognizes people’s connection to the land, and elevates community, cultural, and economic wellbeing as equally important values alongside environmental concerns” (2019, 1).This SMA does not provide substantial entrepreneurial, residential, environmental, or cultural benefit to the people of Kalapana. If a universal precautionary principle were applied in this situation, I know that this development would not be approved. environment, the people of Puna, or the ancestral and cultural sites. The SMA states that adverse ecological effects are “clearly outweighed by public health,safety, or compelling public interest benefits from this development but many for the protection of this culturally and ecologically valued site. Both an environmental impact and cultural assessment need to be done before any further harm is caused on this property. I humbly ask that the County take into account their own and associated statepolicies and currently in place to protect and support these communities when making a decision on this SMA. 8 Akins, A., Lyver, P.O.B., Alroe, H.F., and Moller, H. 2019. The Universal Precautionary Principle: New Pillars and Pathways for Environmental, Sociocultural, and Economic Reslience. Sustainability 11. DOI: 10.3390/su11082357. Mahalo nui, Dr. Gina McGuire