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Home My WebLink About2024-12-18 Cindy Freitas #4 Testimony From: cindy Freitas To: LPCtestimony Subject: #4 Greg Gilliom&Kathleen Kissel Date: Wednesday,December 18,2024 11:38:08 AM Attachments: #4 Greo Gilliom&Kathleen Kissel SMA.docx Please add 94 to the zoom . Mahalo Cindy Freitas December 18, 2024 Cindy Freitas makainan i gmail.com Leeward Planning Department December 19, 2024 At 1:00pm LPCtestimony(c�hawaiicounty.gov Item: # 4 Greg Gilliom, & Kathleen Kissel (PL-SMA-2024-000066) He Mele komo a he mele aloha no na kupuna o ke au i hala Aloha mai kakou. Aloha, My name is Cindy Freitas and I'm a Native Hawaiian descended of the native inhabitants of Hawai'i prior to 1778 and born and raised in Hawai'i. I am also a practitioner who still practice the cultural traditional customary practices that was instill in me by my grandparents at a young age from mauka(MOUNTAIN TO SEA)to makai in many areas. I'm in OPPOSITION for the following reasons: •Testimony has been given regarding ongoing water shortages, and drought. •These parcel are in HECO's power shut-off wildfire area. •Lack of concurrency required by the KCDP, putting additional strains on infrastructure, including the "Kona crawl." •Impact on the Kealakehe Wastewater Treatment Plant, which is already violating the Clean Water Act by dumping effluent into nearshore marine waters. •The supportive testimony heard was almost exclusively given by those who already have or who will make money off this application. ENDANGERED SPECIES `Ope`ape`a or Hawaiian hoary bat LOCATION AND CONDITION OF KEY HABITAT: `Ope`ape`a have been found roosting in `ohi`a (Metrosideros polymorpha),pu hala(Pandanus tectorius), coconut palms (Cocos nucifera), kukui (Aleurites moluccana), kiawe (Proscopis pallida), avocado (Persea americana), shower trees (Cassie javanica), pukiawe (Styphelia tameiameiae), fern clumps, eucalyptus (Eucalyptus spp.), cook pine (Araucaria columnaris), and Norfolk Island pine (Araucaria heterophylla) stands. Recent work on the island of Hawaii found that bat activity varied with season and altitude, and the greatest level of activity occurred at low elevations (below 1,280 meters or 4,200 feet) from April to December (Bonaccorso et al. 2015). Because warm temperatures are strongly associated with reproductive success in this and other bat species, it has been suggested that key breeding habitat is likely to occur at sites where the average July minimum temperature is above 11°C (52°F). If true, key breeding habitat on the island of Hawaii would occur below 1,280 meters (4,200 feet) elevation (Bonaccorso et al. 2015). Because bats use both native and non-native habitat for foraging and roosting, the importance of non- native timber stands,particularly those at low elevations, should be determined. Breeding sites are known for Manuka Natural Area Reserve and scattered areas along the Hamakua Coast. Alala or Hawaiian crow LOCATION AND CONDITION OF KEY HABITAT: Historically, `alala occupied dry and seasonally wet `ohi`a and `ohi`a/koa (Acacia koa)forests between 300 and 2,500 meters (1,000 — 8,200 feet) elevation. Because the last wild individuals were confined to a small subset of the species'former range, specific knowledge of key habitat requirements are unknown. Currently, all potential habitat is degraded. The presence of non-native mammalian predators and birds, which can act as disease reservoirs, further reduces habitat quality. Core areas of the species' former range are now managed by the State of Hawaii and the U.S. Fish and Wildlife Service. `Auku`u or Black-crowned Night Heron LOCATION AND CONDITION OF KEY HABITAT: `Auku`u (black-crowned night heron) occur in a wide-range of aquatic habitats including mountain streams, lowland ponds and estuaries (wetlands and open water), aquaculture farms, and suburban/urban waterways (e.g., golf course ponds, concrete channels). Kolea or Pacific Golden-Plover LOCATION AND CONDITION OF KEY HABITAT: The winter range of kolea is extremely varied, including crop fields,pastures, coastal salt marshes, mudflats, beaches, mangroves, grassy areas at airports, cemeteries, athletic fields,parks, residential lawns, golf courses, roadsides, and clearings in heavily wooded areas. In Hawaii, birds also use open stands of ironwood (Casuarina spp.) and small urban lawns and gardens in areas such as downtown Honolulu. Military bases and airports often provide important wintering grounds. Where suitable habitats (pastures, etc.) occur on mountain slopes, kolea range to at least 2,500 meters (8,125 feet) elevation. Extensive land-clearing in Hawaii, dating back to the Polynesian colonization, has probably improved wintering conditions by creating open habitat with plentiful insects. The Constitution of the State of Hawai'i clearly states the duty of the State and its agencies is to preserve,protect, and prevent interference with the traditional and customary rights of native Hawaiians. Article XII, Section 7 requires the State to "protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua`a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778" (2000). In spite of the establishment of the foreign concept of private ownership and western-style government, Kamehameha III (Kauikeaouli)preserved the peoples traditional right to subsistence.As a result in 1850, the Hawaiian Government confirmed the traditional access rights to native Hawaiian ahupua`a tenants to gather specific natural resources for customary uses from undeveloped private property and waterways under the Hawaiian Revised Statutes (HRS) 7-1. In 1992, the State of Hawai'i Supreme Court, reaffirmed HRS 7-1 and expanded it to include, "native Hawaiian rights...may extend beyond the ahupua`a in which a native Hawaiian resides where such rights have been customarily and traditionally exercised in this manner" (Pele Defense Fund v. Paty, 73 Haw.578, 1992). Act 50, enacted by the Legislature of the State of Hawaii (2000)with House Bill 2895, relating to Environmental Impact Statements,proposes that: ...there is a need to clarify that the preparation of environmental assessments or environmental impact statement should identity and address effects on Hawaii's culture, and traditional and customary rights...[H.B. NO. 2895] Act 16, enacted by the Legislature of the State of Hawaii (2020)with S.B. No. 2060 Section 3; (2) Historic resources; (A) Protect,preserve, and where desirable, restore those natural and manmade historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. HRS 711-1107 Desecration (b)A place of worship or burial (2) "Desecrate" means defacing, damaging, polluting, or otherwise physically mistreating in a way that defendant knows will outrage the sensibilities of persons likely to observe or discover the defendant's action. Therefor Applicant in all due respect should NOT APPROVE THE SMA Use Permit and destroy what is still beautiful. Mahalo, /s/ Cindy Freitas