HomeMy WebLinkAboutTestimonies (15) 2025-01-07 Kona CDP through 2025-01-16 Roger ChristieC. Kimo Alameda, PhD.V;°.`.;y John Pelletier
Mayor Vacant
Heather Korotie
Vacant
o«,Charles Young,Chair
o;•,;i Nancy Pisicchio,Vice-Chair
Charla Thompson
David Huerta
Roselyn Molina
County of Hawaii
KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
Aupuni Center• 101 Pauahi Street,Suite 3• Hilo,Hawaii 96720
808)961-8288• Fax(808)961-8742
January 7,2025
Leeward Planning Commission
County of Hawaii
74-5044 Ane Keohokalole Highway
Kailua-Kona,Hawaii 96740
Subject: Kona Community Development Plan Action Committee Testimony to the Leeward
Planning Commission Special General Plan Meeting on January 16,2025
Aloha Chair Barbara DeFranco:
The Kona Community Development Plan Action Committee(AC)met on December 17,2024,at the West
Hawaii Civic Center. Included on the agenda was discussion and decision-making on whether to submit testimony
to the Leeward Planning Commission regarding the General Plan. Following deliberation,the committee voted
unanimously to submit the letter collectively, identified as Communication 2025-01.
Sincerely,
dtt 4*
81Jani,10t511:l1 NSi7
Charles Young, Chair
Kona Community Development Plan Action Committee
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V:`,PL PL\planning\public\wpwin60`CDP'CDP-Kona`Action Committee'Meetings12025'2025-01-141Communications'.Communication
No.2025-01 KCDP AC Testimony for LPC 1-16-25.pdf
Communication No. 2025-01
To: Leeward Planning Commission of the County of Hawai'i, Barbara DeFranco, Chair
From: Kona Community Development Plan Action Committee, Charles Young, Chair
RE: Special General Plan Meeting 1/16/2025
Aloha Chair DeFranco, Vice-Chair Paishon-Duarte and other Commissioners,
On the December 17, 2024, meeting of the Kona Community Development Plan Action
Committee, the following Motion was unanimously approved:
The Kona CDP Action Committee would like to share our concern that the remapping
of the 1200-acre Hokuli'a property from Agricultural to Rural proposed in the 2045 General
Plan (Map 8) would facilitate the upzoning of land for a residential resort with a potential
buildout of over 1,000 homes along the coast north of Kealakekua Bay outside of the Kona
Urban Growth Area.
We feel this proposal conflicts with the Kona Community Development Plan as well as
the 2045 General Plan, both of which discourage urban sprawl outside of the Kona Urban
Growth Area or existing rural towns and villages. The 2045 General Plan wisely states that:
The value of establishing Urban Growth Areas lies in the ability to manage growth
effectively, preserve natural and cultural resources, plan infrastructure efficiently,
stimulate economic development, and foster strong, cohesive communities. Urban
Growth Areas present a strategic approach to urban planning that balances the needs
of a growing population with the preservation of Hawaii Island's unique character and
heritage.
However, the County's recommendation to convert the Hokuli'a property from
Agricultural to Rural seems to contradict the above recognition of the importance of that
strategic approach".
Therefore, Kona CDP Action Committee recommends removing the 2045 General
Plan's proposed remapping of the Hokuli'a property from Agricultural to Rural.
This would not prevent the developer from filing a petition with the State Land Use
Commission to request a Boundary Amendment as provided in Chapter 205, HRS."
Respectively yours,
cn,-r,xn—,.
Charles Young, Chair. Kona CDP Action Committee
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Communication No. 2025-01 KCDP AC
Testimony for LPC 1 -16-25
Final Audit Report 2025-01-07
Created: 2025-01-07
By: Kawelo Kalili(kawelo.kalili@hawaiicounty.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAi6wdRvs0a-a-Z3datyz2bb8W__U-essd-
Communication No. 2025-01 KCDP AC Testimony for LPC 1 -16
25" History
Document created by Kawelo Kalili (kawelo.kalili@hawaiicounty.gov)
2025-01-07-7:26:27 PM GMT
Document emailed to Charles Young (youngc042@hawaii.rr.com)for signature
2025-01-07-7:28:57 PM GMT
Email viewed by Charles Young (youngc042@hawaii.rr.com)
2025-01-07-10:30:13 PM GMT
Document e-signed by Charles Young (youngc042@hawaii.rr.com)
Signature Date:2025-01-07-10:31:28 PM GMT-Time Source:server
Agreement completed.
2025-01-07-10:31:28 PM GMT
A Adobe Acrobat Sign
From: Aaron Soule
To: LPCtestimonv
Subject: General plan
Date:Thursday,January 16,2025 7:47:48 PM
I am writing to please ask to reject the current plan as it is. It is unfair to many property owner
and not good for the future of our keiki. Please reject this plan and get input from more
residents.
Thank you
Aaron Soule
Volcano
From: Gladys shade
To: LPCtestimony
Subject: The Hawaii Island General Plan testimony
Date:Thursday,January 16,2025 9:59:41 AM
This is an absurd plan.Gives too much control to county to take our properties! And what about the Hawaiian
Homelands? I loudly oppose this plan as a resident in Kurtistown HI
Alex Shade
Sent from my Whone
From: Christine Peterson
To: LPCtestimonv
Subject: Please don"t vote to change residential land to recreational land
Date:Thursday,January 16,2025 9:53:21 AM
This will not be good for any of the residents and owners of this land. It will cause many
problems for the residents and the owners of the land before the Maui fire.
Thank you in advance for your prompt attention to this matter
Sincerely
Christine Peterson
From: ptanok12(bomail.com on behalf of Moku Loa Hawaii Island Sierra Club
To: LPCtestimonv
Subject: Written testimony on draft GP2045
Date:Thursday,January 16,2025 11:05:58 AM
Attachments: LPC GP2045 01-16-25 testimonv.docx
Pu"u Ohau Cultural Preserve-Excerpts from LUC Docket A06-769.1)df
Pu"u Ohau Cultural Preserve-Excerpts from SEISPN, Dec. 2007.pdf
Pu"u Ohau desecration flver.pdf
Hilo WWTP proposed permit renewal,01-12-25 comments FINAL.docx
Aloha,
Please see attached testimony and supporting documents.
Mahalo,
Chuck Flaherty, Chairperson
Moku Loa (Hawaii Island) Group, Sierra Club
We work hard to advance Sierra Club's mission to explore, enjoy, and protect the wild
places of the earth, to practice and promote the responsible use of the earth's
ecosystems and resources; to educate and enlist humanity to protect and restore the
quality of the natural and human environment; and to use all lawful means to carry out
these objectives.
SIERRACLUB
HAWAII ISLAND GROUP
January 16, 2025
Leeward Planning Commission
101 Pauahi St, Ste 103
Hilo HI 96720
Re: Final draft General Plan 2045
Aloha Mr. Chair and members of the Leeward Planning Commission,
The Sierra Club of Hawai'i, Hawai'i Island Group would like to request the Commission
consider the following recommended amendments to the draft General Plan 2045 (GP2045).
Standards
HIG would like to correct a statement made by the Planning Department during the
Commission's December 19, 2025 meeting in response to public testimony that GP2045 lacked
sufficient standards. A statement was made that GP2045 contains 115 Standards. That is not
correct.
Section 3-15 of the county Charter states, in part, "The general plan shall contain a statement of
development objectives, standards and principles with respect to the most desirable use of land
within the county..."
The current General Plan (cGP) complies with the Charter by stating specific Standards for each
of the 13 Elements of the cGP.
However, GP2045 does not.
A key word search for"standard" in the online version of GP2045 reveals the only Standards
are listed in 5 Tables, "Public Access Spacing Standards" (p.112), "Mass Transit Level of
Service Standards" (p. 114), "Water System Domestic Consumption Standards" (p.120),
Protective Services Level of Service Standards" (p. 134), and"Park Standards" (p. 160). The
only other Standards in GP2045 "Roadway Standards" (p. 120, "Street Standards" (p. 120) and
the "County Street Design Manual referred to as a Standard on page 118.
All other results for the key word search for"standard" are contained in sentences as follows:
develop standards", "meet standards", "create standards", "establish standards", "set
standards", "maintain standards", "adopt standards". "identify standards", and"prepare
P 0 Box 1137 Hilo, HI 96721-1137 1 hawaiiislandsierraclubPgmail.com sierraclubhig.org
standards". These are not statements of standards, nor do any of the sentences reference specific
standards.
This analysis proves that GP2045 does not fully comply with the county Charter's requirement
for statements of standards, especially when compared to the Standards currently contained
within cGP.
In order to comply with the county Charter, HIG recommends the Commission and the Planning
Department work to develop recommended amendments to provide comprehensive standards
using the existing Standards in the cGP as a basis.
GP2045, Section 2. Collaborative Biocultliral Stewardship Goal, Objectives,Policies, and
Actions
HIG urges the Commission to compare the excepts, as related to public access and trails,
provided at the end of this testimony from the draft General Plan 2040 (GP2040)released in
2019 and the language contained in the draft GP2045.
As you will see in the excerpts, the extensive and substantive language supporting trails and
public access in the draft GP2040 was effective stripped from the draft GP2045.
GP2040 contained 15 Policies and 18 Actions under"Public Access and Trails".
However, in GP2045, a key word search must be performed for the words "public access" and
trails"in order find the Policies or Actions related to these two topics. After doing so, there are
only 11 Policies and only 3 actions that contain those words...a shocking and inexplicable result
as compared to GP2045.
HIG urges the Commission to recommend amendments to include the Policies and Actions from
the GP2040 which present both an organized and clear path forward for public access, trails, and
recreation in the coming decades.
Pu'u Ohau
In 1999,the Hawai'i Island Burial Council designated the entirety of Pu'u Ohau from its base to
its summit as a burial site and royal mausoleum as a result of the significance of the burials
present on this pu'u within 1250 Oceanside Partners' Hokuli'a project(Hokuli'a).
Attached to this testimony, the Commission will find excerpts from the 1250 Oceanside Partners'
Petition to the state Land Use Commission (Docket A06-179) and a Supplemental
Environmental Statement Public Notice, which requested moving two Cultural Preserves
comprising 12 acres on and around Pu'u Ohau into the state land use Conservation district.
Docket A06-179 contains the following statements:
Petitioner is establishing two Cultural Practice and Preservation Areas (Cultural Preserves'),
comprising a total of approximately 12 acres, where lineal and cultural descendants may engage
in traditional cultural practices." (p. 18)
Another significant protective measure concerns the burial site of Kamaeo'kalani, near
the summit ofPu'u Ohau, which is a significant historic and cultural site. This site is located
within the Conservation District and outside the Petition Area. In order to provide an additional
buffer around this site, Petitioner has agreed to abandon the development of five previously
subdivided lots presently within the Agricultural District along the current Conservation District
boundary. The area included in such lots is part of the area for which the instant Petition seeks
reclassification to the Conservation District. Petitioner will also construct a gated wall or other
buffer to restrict access to, and to protect and preserve. the burial site of Kamaeo'kalani and
other cultural resources within the buffered area."
These mitigation measures will ensure that traditional and customary native Hawaiian
rights, customs and practices will be preserved and protected in a feasible manner [emphasis
added]." (see attached,p. 33)
This language reflects the legal elements contained in both the state constitution and state
Supreme Court rulings intended to protect kanaka maoli traditional and customary practices and
other legal rights. They are explicit statements that these areas contain constitutionally-protected
cultural and historic resources and rights.
Past protests and vigils in support of Pu'u Ohau and the Hawai'i Island Burial Council (see
attached flyer) clearly show there has been extensive community support for a recommended
amendment that moves the two Cultural Preserve areas in Conservation as shown in the maps
contained within Docket A06-179 and the SEISPN attached to this testimony.
HIG urges the Commission avoid a repeat of the pain and suffering that would be caused to the
kanaka maoli community and their rights and traditional and customary rights as occurred in the
early 2000s.
Please recommend an amendment to the GP land use map to protect and preserve these areas in
perpetuity.
Wastewater Treatment
HIG is developing testimony to recommend an amendment to provide timely and orderly
funding for and implementation of the three Administrative Orders on Consent that require the
county to undertake repairs, retrofitting, upgrades, expansion of both facilities and service areas
throughout the county.
Meanwhile,please see the attached letter HIG providing comments on the renewal of the Hilo
wastewater treatment plant which presents many issues not yet addressed in GP2045.
Mahalo for this opportunity to testify.
Excerpts from draft General Plan 2040 (released in 2019)
PROMOTING ACTIVE LIVING THROUGH RECREATION , TRAILS , & PUBLIC ACCESS
Public Access& Trails
SUSTAINABILITY OBJECTIVE
Number of public access sites created through acquisition or easement or enhanced with
assistance from CZM funding or staff.
POLICY
404. The County of Hawaii shall establish: public access to and along the shoreline to
significant historic sites, public transit along the top of cliff, streams and other natural
water courses, mauka trails, facilities, and access to sites for gathering, hunting, and
other recreational purposes and in accordance with Hawaii County Code Chapter 34.
Rationale: Based on existing County Code 34, General Plan Policy 12.3 (1, m), Ka`u CDP
Policy 81, and Hamakua CDP Policy 48]
405. Subdividers of six or more lots,parcels, units, or interests shall be required to dedicate
land for public access for pedestrian travel from a public highway or street to the land
below the high-water mark on any coastal shoreline or to areas in the mountains where
there are existing facilities for hiking, hunting, fruit-picking, ti leaf sliding, and other
recreational purposes, and where there are existing mountain trails.
Rationale: Based on existing HRS 46-6.5 and HCC 34-4(c)).]
406. Prior to disposing of, leasing, or transferring public lands, including public roads or trails,
public access potentials shall be assessed, documented and protected if public access
use is in the public's interest.
Rationale: Based on existing HRS Section 46-1.5, Hamakua CDP Policy 50, and General
Plan 12.3 (n).]
407. Ensure that publicly owned historic trails and roads are properly identified, and
consultation occurs to protect the public's interests.
Rationale: Based on the Highways Act of 1892, Hamakua CDP Policy 50, and the General
Plan 12.3 (n).]
408. Alignment of coastal trails shall consider flexibility for realignment for sea level rise and
other dynamic shoreline changes. [Climate Change]
Rationale: Based on current status of some impacted coastal areas and research relating
to projected sea level rise impacts on coastal assets. See also California Coastal
Commission Sea Level Rise Policy Guidance.]
409. Determine the location and ownership of historic trails and roads as early as possible in
the land use application process.
Rationale: Based on identified challenges with ownership of historic trails and roads and
the subsequent legal implications. See also General Plan Policy 13.2.3 (q)]
410. Where a subdivision is traversed by a natural water course, drainage way, channel, or
stream, the Planning Director should require a pedestrian, equestrian, and/or bicycle
path when the opportunity exists to connect to existing or future drainage or trail
corridors.
411. Trails may also be used as emergency access routes, where appropriate.
412. Support the development of a Rails to Trails type program to facilitate the conversion of
old railway segments to a public trail network.
413. Seek private-public partnerships to manage and maintain public access to the shoreline,
public trails, hunting areas, scenic places and vistas, and significant historic sites,
buildings, and objects of public interest. [Public Access]
414. Explore options and collaborate with community groups to increase access to former
sugar cane roads to be used as non-motorized trails where feasible and appropriate.
ACTION
4.49 Amend code to require bicycle and walking path easements be developed in urban
areas to increase walkability and multimodal transportation options. [Code]
4.50 Work with the State and adjacent landowners in establishing old railroad right-of-
ways as pedestrian and bicycle trails.
4.51 Identify by GPS coordinates all existing historic trail alignments that(a) have been
recommended for preservation by SHPD, (b) appear on historic maps and/or are
known by oral tradition, and incorporate these into the County GIS database.
4.52 Actively implement the Ala Kahakai National Historic Trail Memorandum of
Understanding.
4.53 Appropriate, finance, allot, and encumber Capital Improvement Projects in support
of trail development as part of a regional trail system.
4.54 Add public access requirements as listed in Hawaii County Code Chapter 34 Public
Access to apply to Chapter 23 Subdivision Code, SMA review, zoning code, special
permits, etc. [Code]
4.55 Develop and implement a public-private program to establish and manage specific
access points and trails.
SUSTAINABILITY OBJECTIVE
Develop and maintain a public access program that integrates recreation, subsistence, and
cultural
access priorities.
POLICY
415. Integrate Public Access into County department priorities in the following ways:
a) Incorporate public access and development into a program overseen by the
Planning Department as per Chapter 34.
b) Integrate PONC property management and maintenance into the Parks and
Recreation code in Chapter 2: Article 11 and Chapter 15: Parks and Recreation.
c) Develop adequate staff to carry out the provisions of Chapter 2 Article 42,relating
to the PONC maintenance fund (as per: Section 2-214.2 (b). Pursuant to section
10-16(c) of the Charter, the maintenance fund shall be administered and managed
by the department of parks and recreation. Adequate staff to carry out the
provisions of this article and section 10-16 of the Charter shall be provided in the
department of parks and recreation.
Rationale: Based on identified gaps in addressing or applying public access regulations
and procedures consistently between the various County Departments. The County
lacks capacity to fulfill its existing public access objectives without increasing staff
capacity, maintenance capacity, and without having clearer directives between the
various departments to implement a cohesive public access program.]
416. Integrate County public access priorities in all aspects of land use decisions and permit
reviews.
417. Consistently integrate public access development and maintenance into Parks and
Recreation department priorities.
418. Support facility development for access management at access points and along trail
corridors.
ACTION
4.56 Establish a County of Hawaii Public Access and Trail Program with sufficient staff
and resources. Staff will be required to consult/consider recommendations of this
program in all permit reviews. Elements of this program may include:
a) A comprehensive access inventory;
b) A public access rating system to help with prioritization;
c) Comprehensive reviews of projects (on public or private lands)that will
affect public accesses and trails;
d) Inventory of ancient trails, cart roads, and old government roads in
coordination with appropriate State agencies.
e)Public outreach and coordination element.
f) Identify agencies/groups to develop, administer, and maintain public
accesses, including developing County capacity for this purpose;
g)Identify funding sources to purchase and manage public access easement
to priority areas;
h) When public access goals will involve several landowners, acquire the public
access incrementally as opportunities arise to do so;
i)Public accesses that cross private land will be acquired and held until
appropriate management of the accesses is in place;
j) Collaborate with State and Federal agencies on public accesses that require
multi-agency involvement;
k) Develop a standardized template to promote consistency and
comprehensiveness in the public access plans required by landowners;
1)Partner with community organizations capable of assisting with public
access management;
m) Work with State agencies (particularly with DOFAW)to coordinate, survey,
develop, and manage public trails and roads leading to forest reserves;
n) In co-sponsorship with the State when possible, acquire land for public
access to historic sites and objects and to the shoreline where safe transit
does not already exist;
o) Reinstitute a Public Access Wayfinding program managed by the Planning
Department to assist interested community groups in maintaining
appropriate signage at public access points;
p)Provide cultural and safety information at trailheads;
q) Provide for substantive community input to the County Planning
Department and the County Council in order to finalize and accept priority
access. Include community input in program policy.
r) Whenever the County assumes the responsibility for posting and
maintaining signage and maintaining public accesses and other public
infrastructure, a specific County agency will be identified and assigned the
aforementioned responsibilities. [Code, Public Access]
4.57 Amend the subdivision code to better address public access issues in the following
ways:
a) Revise/Develop enforcement protocols for public access violations,
including fines for noncompliance and mechanisms to remove private
obstructions from public accesses;
b) Review Hawaii County Code Chapter 34 requirements for public access
standards, including design that fits into surrounding community,
environment, and conditions. Establish parameters for requiring
appropriate right-of-way,parking, and comfort stations for various types of
public accesses/trails and incorporate these into Chapter 34;
c) Amend Hawaii County Code Chapter 34 to develop a clear methodology to
modify public access routes in order to adapt to sea level rise, landslides
and erosion, and other impacts related to environmental impacts and
climate change;
d) Amend Hawaii County Code Chapter 34, Rule 21, Chapter 23, and
Chapter25 CA 1.1.1 to ensure access and trail rights-of-way during
subdivision. [Code]
4.58 Complete an inventory and database of significant natural resource areas with
recreational and trail connectivity value.
4.59 Adopt an on-going program of identification, designation, and acquisition of areas
with existing or potential recreational resources, such as land with sandy beaches
and other prime areas for shoreline recreation in cooperation with appropriate
governmental agencies.
4.60 Develop procedural rules and templates for public access agreements and Grant of
Easement(GOE)to facilitate consistency and to provide mechanisms for tracking,
follow-through, and geographic information system (GIS) identification in County
of Hawaii systems, etc.
4.61 Develop procedural guidelines for renegotiating access agreements.
4.62 Renegotiate public accesses that were developed prior to Chapter 34 to be
consistent with Chapter 34.
4.63 Evaluate and initiate Charter& code amendments related to Public Access, Open
Space and Natural Resource Preservation (PONC). These may include:
a) Clearly distinguish categories of PONC property, such as active or passive
use, conservation,restoration, natural buffer areas, access uses, etc. (for AGENCY ACTION).
instance, lands acquired to provide access versus lands acquired to
preserve from development that may not be appropriate for public access).
b) Amend Charter Section 10-5 c & f to allow PONC funds to be used for the
planning, design, development of new buildings, facilities, (including
comfort stations) or infrastructure such as roads,paths, bridges, culverts,
ramps, or drainage features if such improvements are necessary to meet
the objectives of public safety and to meet the purposes outlined in Hawaii
County Code 2-214.1. [Code]
c) Interpret or amend Charter Section 10-15 (c) 3 and County Code Section 2-
214.1 c) 3 referring to natural resource buffer zones to include buffer zones
for natural hazard areas, such as properties facing sea level rise, lava
inundation, steep slopes, or identified priority viewsheds. [Code]
d) Include assessments of tax revenue implications for lands nominated for
PONC consideration.
e) Amend Charter section 10-15 (c) and County Code Section 2-214.1 (c) to be
consistent with each other. For example, the County Code allows PONC
funds to be used for"significant habitat or ecosystems"but the Charter
does not include those terms. [Code]
4.64 Amend Chapter 15 to include PONC and trail development as part of the Parks and
Recreation Department's priorities to be consistent with Chapter 34 in partnership
with the Planning Department.[Code]
4.65 Conduct a performance review of the PONC Maintenance Fund and Stewardship
Grant program to identify and implement ways to improve PONC management
system.
4.66 Amend Hawaii County Code Section 2-218 Prioritized list of qualifying lands worthy
of preservation to establish a means to evaluate the socio-environmental equity of
the lands nominated by district. Such as:
a) When there are multiple lands under consideration at any one time,priority
shall be given to coastal lands and lands where matching funding is available
to leverage the County contribution;
b) Consideration should be given to lands within districts under-represented
by PONC preservation program. [Code]
4.67 Coordinate with State agencies to improve access and access/trail management
resources (including policies, conditions, identification, cataloguing, enforcement,
maintenance, etc.).
4.68 Consider establishing a working group with surrounding land owners and the user-
community to educate users and manage ATV use to ensure that non-pedestrian
allowances are not permitted within sections of modern trails that overlap, are
congruent, or correspond to ancient or historic trails and its associated features.
4.69 Coordinate with hunting associations and other land stewards, to establish clear
hunting policies and disseminate education regarding these policies.
4.70 To facilitate greater public access to and along the shoreline and elsewhere, amend
Hawaii Revised Statutes 520, Hawai`i's Recreational Use Statute (RUS), to make it
less ambiguous and to discourage frivolous lawsuits.
Excerpts from draft General Plan 2045 (released in 2023)
2. Collaborative Biocultural Stewardship Goal, Objectives, Policies, and Actions
Objective 2
Preserve and enhance the health and function of watersheds to promote water
recharge, improve water quality, and reduce runoff.
Policy 2.5 Watershed management planning should recognize the ecosystem service value of
watersheds and open space to protect scenic vistas and aesthetic values; water recharge; carbon
sequestration; oxygen production; habitat enhancement and preservation; fire suppression and
fuel load management; soil conservation; preservation of cultural values; and the potential for
additional public access and recreation
nal opportunities.
Objective 4
The historical integrity, character, scenic assets, and open spaces of our
communities are protected, restored, and treated as unique assets with significant social and
economic value and managed in perpetuity.
Policy 4.2 Increase public access opportunities to scenic places and vistas.
Policy 4.3 Public access to significant historic sites and objects should be acquired, where
appropriate.
4. Land Use, 1.4 Urban Growth Areas
Objective 13
Increase the use of Smart Growth principles to focus development within designated
urban centers.
Policy 13.6 The establishment of urban types of zoning may include additional acreages to
accountfor
acreages utilized for public benefits, such as historic sites,public access,parks, and open space.
Policy 13.43 Coastal resort developments shall provide public access to and public parking for
beach and
shoreline areas.
Policy 13.44 The development or designation of new resort areas should complement the
character of the area; protect the environment and natural beauty; respect existing lifestyles,
cultural practices, and
cultural resources; and provide shoreline public access.
4.2.3 Active Living Corridors and Public Access
Objective 17
Increase transportation connect
Policy 17.5 Ensure that existing active living corridors that are publicly owned or available by
easement are properly identified and that their access elements are secured and documented.
a)Primary examples include but are not limited to historic trails and roads,roads-in-limbo,
paper roads', former sugar cane roads,train infrastructure remnants (Rails to Trails), and
pedestrian
and bicycling paths.
b) "Acceptance"by the County of the responsibilities detailed in the grant of easements should
require County Council action and a dedicated funding source.
Policy 17.6 Provide public pedestrian access opportunities to scenic places and vistas.
Policy 17.7 Establish public access to historic and modern active living corridors and facilities
that provide an island-wide route and connect to major destinations.
Action 17.a Develop and adopt a program to establish public access to historic and modern
active living corridors and facilities that provide an island-wide route and connect to major
destinations.
4. Public Facilities and Services 4.6 Recreation
Objective 35
Park facilities are located within a 10-minute walk in urban areas and a 10-minute
drive in rural communities.
Policy 35.19 Prioritize park acquisition and improvements that involve under-represented open
recreation and healthy living activities (outside the scope of organized sports), such as:
a) Walking and biking trails
Action 35.d Partner with government,private and nonprofit agencies, and other stakeholders to
initiate joint agreements for funding, management, and maintenance for recreation, shared use
spaces, hardened shelters, and public access priorities.
Action 35.cc Expand active open recreational opportunities at the Pana`ewa Rainforest Zoo and
Equestrian Center properties such as bike/walking trails, horse trails, dog-friendly trails, and
other outdoor recreation that would complement the Pana`ewa complex.
5.0 Thriving, Diverse, and Regenerative Economy, 4.1 Visitor Industry Goal, Objectives,
Policies, and Actions
Objective 48
Support the visitor industry investment in its connection with communities,the
aina, and our historic and multicultural heritage.
Policy 48.6 Support the coordination, collaboration, and improvement of public access to natural
and cultural resources with State agencies and landowners while balancing the need for
protection of these areas.
Petition for Reclassification/Agricultural Land Use District to Rura... https://files.hawaii.gov/luc/dockets/aO6769oceanside/aO6769_1013...
Of Counsel:
4601- TSt K-i .AKI YFil &MOORE
C.
R.BEN TSUKAZAKI 1954
MICHAEL W.MOORE 3234
85 W. Lanikaula St.
Hilo, Hawaii 96720 T
phone(808)961-0055/fax(808)969-E 531
N i
Anomeys for I'ctilioner
BEFORE THE LAND USE COMMISSION
OF THE STATE OF HAWAI'I
In the matter ofthe Petition DOCKET ti0. A06 769
of
1250 OCEANSIDE; PARTNERS
To Amend the t.and Use DistriC Boundary )
of'('ertain Lands situate at j
Noah and South Kona,Island of Hawaii, )
State of Hawaii; consisting of
approximately 1,434.755 acres IrOm the )
Agricultural District to the Rural District )
and the Conservation District
1
PF.TITION FOR LAND USE DIST.R1( I' Ro IINDARY AI IENDNIENT-,
VERIFICATI01;
PETI-1"]0NVR'S EXIIIR11-S I - 10;
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BEFORE THE LAND USE COMMISSION
OF THE STATE OF HAWAI'I
In the matter of the Petition DOCKET NO.A06-769
of
1250 OCEANSIDE PARTNERS
To Amend the Land Use District Boundary )
of Certain Lands situate at
North and South Kona, Island ofHawai'i, )
State of Hawaii; consisting of
approximately 1,434.755 acres from the )
Agricultural District to the Rural District )
and the Conservation District.
PETITION FOR LAND USE DISTRICT BOUNDARY AMENDMENT
Petitioner, 1250 OCEANSIDE PARTNERS (hereinafter referred to as"Petitioner"),
hereby petitions the Land Use Commission(hereinafter"LUC")to amend the land use district
classification of certain lands situate at Honuaino 3 and 4,Hokukano 1 and 2,Kanaueue I and 2,
Haleki'i, Ke'eke'e, 'Ilikahi, Kanakau,Kalukalu,and Onouli 1,North and South Kona Districts,
Island of Hawaii,consisting of approximately 1,434.755 acres,as depicted in Petitioner's
Exhibit 1 attached hereto and incorporated herein ("Petition Area"), as follows:
1) 1,418.739 acres of land from the State land use agricultural district("Agricultural
District")to the State land use rural district("Rural District"); and
2) 16.016 acres of land from the Agricultural District to the State land use
conservation district("Conservation District").
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Among the historic sites and cultural resources identified in the AIS were
remnants of a historic trail,referred to as the"Stepping Stone Trail,"which runs north-south
through the makai portion of the Petition Area. Petitioner has entered into an agreement with
DLNR and others,pursuant to which(i)Petitioner will execute a quitclaim deed conveying its
interest in the trail to the State of Hawaii;(ii)DLNR will designate the trail as a preservation
site on terms permitting only pedestrian use(other than roadway,cart path and underground
crossings related to the Project);(iii)Petitioner will restore and reconstruct the southern section
of the trail; (iv)Petitioner will establish a protective buffer zone on both sides of the trail; and(v)
Petitioner will establish and maintain in perpetuity two interpretive sites alongside the trail.
The Petitioner has also agreed to take additional steps for the protection of
historic and cultural resources. These steps include the creation ofa non-profit"Park and
Cultural Sites Entity"("PCSF). The PCSE will be responsible for the maintenance of the
shoreline park and the preserved cultural and historical sites therein, as well as all other cultural
and historic sites to be preserved in perpetuity throughout the Project. The PCSE will also be
responsible for the preservation of the Stepping Stone Trail,the Old Government Road and the
Old Cart Road. The PCSE will develop educational materials and programs designed to
encourage understanding and appreciation of these resources and will develop standards for the
proper maintenance and care of the resources.The PCSE will establish an advisory board whose
purpose will be to provide advice and guidance to the PCSE regarding the preservation,
operation and maintenance of the shoreline park and cultural and historic sites within Hokuli'a.
The advisory board will have approximately 20 members and will be comprised of
representatives designated by Petitioner,Hokuli'a lot owners,Protect Keopuka Ohana,other
The Stepping Stone'frail,as well as sections of a trail referred to as the"Old Cart Road,"and a trail referred to as
the"Old Government Road," are excluded from the Petition Area and district reclassification for the area
comprising these trails is not being requested under this Petition.
r
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descendants of the lands at Hokuli'a,Hawaii County,kuleana owners and other appropriate
groups. The PCSE will also take possession of and store all native Hawaiian artifacts and relics
discovered by Petitioner or its agents on the Hokuli'a site or in connection with the Project.
Funding for the PCSE will be in part by way of a ''14%transfer fee upon all future sales and
resales of lots and homes within the Project.
In addition, Petitioner is establishing two Cultural Practice and Preservation Areas
Cultural Preserves'),comprising a total of approximately 12 acres,where lineal and cultural
descendants may engage in traditional cultural practices.
4) Visual Resources
The development is not expected to significantly impact visual resources in the
area. Views of portions of the Petition Area are presently available from portions of the existing
residential neighborhoods that arc directly mauka of the Petition Area,primarily the Kona Scenic
Subdivision. The Petition Area is also visible to those approaching the property along the coast.
Additional views of the coastline will be available from the Bypass Highway upon its
completion. Any potential visual impacts will be mitigated through appropriate landscaping
buffers,architectural design standards and the low-density nature of the Project. The shoreline
park in the Conservation District makai of the Petition Area and the golf course will provide a
significant measure of open space throughout and around the Petition Area.
5) Flora and Fauna
No significant impact on floral or faunal resources is anticipated. No threatened,
endangered or candidate species as listed by the U.S.Fish and Wildlife Service appear to be
present within the Petition Area,nor are there unique or valuable wildlife habitats. No existing
or proposed federally designated critical habitat is present within the Petition Area.
18
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community. Hokuli'a is consistent with the goals,policies and standards set forth in the General
Plan.14 The Petition Area is being served with existing infrastructure and will be served in the
future with planned infrastructure and is in balance with the natural,cultural and social
environment of the County.
The County zoning designation for the Petition Area is Agricultural-1 acre(A-la),
which allows a minimum lot size of one acre. The Agricultural zone provides for agricultural
and very low density agriculturally-based residential use,encompassing rural areas of good to
marginal agricultural and grazing land, forest land,game habitats,and areas where urbanization
is not found to be appropriate. Permitted uses within this zoning district include single-family
dwellings, farm dwellings,agricultural parks,crop production,parks and other similar open area
recreational facilities,and golf courses and related golf course uses(with a Use Permit). The
Hokuli'a development is consistent with the purpose and applicability ofthis zoning designation.
20. HAWAIIAN CUSTOMARY AND TRADITIONAL RIGHTS
l5-15-50(c)(20):A statement addressing Hawaiian customary and traditional
rights under Article XV, section 7 of the Hawai'i State Constitution_
Traditional and customary native Hawaiian rights within or in proximity to the Petition
Area include a right of pedestrian access over the Stepping Stone Trail and other recognized
trails traversing the property,worshipping at burial sites within the property,and subsistence and
cultural activities, including fishing and ocean resource gathering,along the shoreline.The
preservation and protection ofthese resources is being effected through archaeological and burial
preservation plans,the establishment of the shoreline park which will provide public access to
the shoreline area and traditional and cultural resources within the area,the establishment of two
14 A detailed discussion of the conformity of Hokuli'a with the General Plan's goals,policies and standards in set
forth in the 1993 FEIS,Section 5.2.
i
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Cultural Preserves within the Petition Area that total approximately 12 acres where lineal and
cultural descendants may engage in traditional and cultural practices,and the establishment of
three Agricultural Preserves to facilitate traditional and customary native Hawaiian agricultural
practices.
Petitioner is also forming the PCSE for the purpose of preservation,operation and
maintenance of the shoreline park and specified cultural and historical sites within the Petition
Area. Petitioner,in coordination with DLNR and the certified lineal and cultural descendants of
Hokuli'a, will continue to implement measures to protect,and to provide access to,burial sites,
including(i)providing information to lineal and cultural descendants on burial sites within the
Petition Area;(ii)implementation of both short-term and long-term protection measures for
burial sites;and(iii)providing access for lineal and cultural descendants to such burial sites.
Petitioner is also preserving and protecting the Old Government Road and the Stepping
Stone Trail. Petitioner will restore portions of the Stepping Stone Trail to create a continuous
trail segment varying in width from three to five feet.and will create a five-foot buffer on each
side of the trail centerline. Petitioner will maintain and preserve the Old Government Road and
the Stepping Stone Trail in coordination with DLNR.
Petitioner will also establish and maintain two interpretive areas connecting the existing
remnant trail sections to the shoreline park,which interpretive areas will then be available for
public access from the shoreline park,and will install warning signs on the golf course advising
of the trail and its significance.
Petitioner will also work with DLNR to maintain and preserve what is referred to as the
Old Cart Road"situated primarily within the shoreline park in the Conservation District as a
JG
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public pedestrian access trail, and will grant an easement between the Old Cart Road and the Old
Government Road for pedestrian trail access purposes in the vicinity of Pu'u Ohau.
Another significant protective measure concerns the burial site of Kamaeo'kalani,near
the summit ofPu'u Ohau,which is a significant historic and cultural site. This site is located
within the Conservation District and outside the Petition Area. In order to provide an additional
buffer around this site,Petitioner has agreed to abandon the development of five previously
subdivided lots presently within the Agricultural District along the current Conservation District
boundary. The area included in such lots is part of the area for which the instant Petition seeks
reclassification to the Conservation District. Petitioner will also construct a gated wall or other
buffer to restrict access to,and to protect and preserve.the burial site of Kamaeo'kalani and
other cultural resources within the buffered area.
These mitigation measures will ensure that traditional and customary native Hawaiian
rights,customs and practices will be preserved and protected in a feasible manner.
21. WRITTEN COMMENTS
15-15-5(e)(21):Any written comments received by the petitioner from
governmental, non governmental agencies, organizations, or individuals in
regards to the proposed reciass rcation.
Petitioner has not received any written comments from governmental or non-
governmental agencies,organizations or individuals concerning the proposed reclassification.
Any written comments received in the future shall be submitted for inclusion into the record of
this docket.
22. NOTIFICATION OF PETITION FILING
A cony of the Notification of Petition Filing to be sent pursuant to 515-15-50(d). LUC
Administrative Rules,is attached hereto as Petitioner's Exhibit 10.
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PETITIONER' S
EXHIBIT I
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PETITIONER' S
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SUPPLEMENTAL
ENVIRONMENTAL IMPACT STATEMENT
PREPARATION NOTICE
Hokuli' a
North Kona and-South Kona,
Island of Hawaii
Accepting Agency: State of Hawaii Land Use Commission
Applicant: 1250 Oceanside Partners
Agent:Belt Collins Hawail Ltd.
December 2007
entity, the Hokuli'a Park and Cultural Sites Association, Inc. (the
PCSA"), which will be responsible for the maintenance of the 140-acre
public shoreline park makai of the Petition Area and the preserved
cultural and historical sites therein, as well as all other cultural and
historic sites to be preserved in perpetuity throughout the Petition
Area. The PCSA is also seeking permission from DLNR to undertake
the long-term maintenance of the Stepping Stone Trail, the Old
Government Road and the Old Cart Road, under supervision by
DLNR. In addition, the PCSA will develop educational materials and
programs designed to encourage understanding and appreciation of
these resources and will develop standards for the proper maintenance
and care of the resources. The PCSA has established a community and
culturally based advisory board whose purpose is to provide advice and
guidance to the PCSA regarding the preservation, operation and
maintenance of the shoreline park and cultural and historic sites within
Hokuli' a. Today the advisory board has 19 members, including
representatives of Protect Keopuka Ohana, descendants of the lands at
Hokuli' a, owners of kuleana close to the Petition Area, cultural
practitioners and other individuals and groups willing to give
generously of their time and expertise to this important work. The
PCSA will also take possession of and store all native Hawaiian artifacts
and relics discovered by Applicant or its agents within the Petition
Area.
The Lot Owners are the members of the PCSA, which has the
authority to assess the Lot Owners to raise funds as needed by the
PCSA. In addition, Applicant has agreed to contribute to the PCSA
1/a% of all proceeds received by Applicant from the sale of lots within
Hokuli'a. In addition, all Lot Owners who acquire lots within Hokuli'a
are required, upon the resale of those lots, to contribute 1/4% of the
sales proceeds to the PCSA.
In addition, Applicant is establishing two Cultural Practice and
Preservation Areas, comprising a total of approximately 12 acres, where
lineal and cultural descendants may engage in traditional cultural
practices.
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DESECRATION I N KONA
1250 Oceanside is a 1,550 acre golf-course and luxury The Vigil for Pu'u Ohau
home development in Kealakekua: On August 29 - 31, 2003, 'ohana from all over the
The developer polluted Kona's pristine waters and reefs Hawaiian islands gathered to pay homage to Pu'u Ohau.
with muddy, chemical-ladened runoff in violation of A 24-hour peaceful cultural protocol was held, with
clean water laws. The court imposed a permanent prayers given every hour.
injunction on any further water pollution. A Lei of Protection: Red ti plants were planted around
The developer destroyed portions of the 1000-year old the base and a guardian ki'i named Okuahu'ula was
Ala Loa trail. erected and consecrated on the Pu'u. Cultural access
1250 Oceanside destroyed and desecrated thousands of and religious practices are protected by the law.
graves. The developers illegally placed our ancestors in Desecration and Harassment
ziploc bags and improper storage containers.Ki'i Stolen: On September 2, Queen Lili'uokalani's birth-
0 The desecrations were so bad that major investor Japan day, 1250 Oceanside committed deliberate and criminal
Airlines pulled out of the project. desecration of the Pu'u.They tore out ti plants, removed
Pu'u Ohau: Sacred Burial Ground the Hawaiian flag and stole Okuahu'ula. Desecrations
Erecting Okuahu'ula on of cemeteries and places of worship, like the vandalismofOurAncestorsPu'u Ohau.of Punchbowl Cemetery in 1997 and the recent arson of
Pu'u Ohau is a very significant r:First Christian Church, are serious criminal offenses.
burial site for ali'i. v.
t •
Throughout the vigil, 1250 Oceanside harassed andKamaeokalani, the grandmother
of King Kalakaua and Queen spied upon vigil participants. At one point family mem-
Lili'uokalani is buried there. bers confronted a 1250 Oceanside staff and an armed
police officer because of their threatening surveillance
In 1999, the Hawai'i Island activities which interfered with religious practices.
Burial Council determined that
KWO Take a Stand to Defend our'Aina and Restore Ea!the entire pu'u is the burial site
and recommended building a 6 Call DLNR Chair Peter Young at (808) 587-0400 and
foot protective rock wall around demand that he reinstate an immediate cease and desist
the base of the Pu'u.The state and the developer agreed. order on 1250 Oceanside Partners from accessing the
But four years later, there is no wall. Pu'u and seek aggressive prosecution of these violations.
In January 2003, Peter Young, then acting director of the • Call Governor Lingle at (808) 586-0034 and urge her to
Department of Land and Natural Resources, reneged on revoke all permits for 1250 Oceanside due to their crim-
the previous agreement and allowed the developer to inal conduct in collusion with state and county offices.
build up to the 120-foot elevation of the Pu'u. Other direct actions are being planned.
1250 Oceanside has already desecrated the flank of the For More Information contact Protect Keopuka'Ohana: Jim
Pu'u with its golf course, and now plans to Madeiros (808) 328-0478; Jack Kelly (808) 328-build multimillion dollar homes on the i = q;ae,•' 8442; PKO Hotline (808) 331-3637.
hill itself.
Kako'o o Pu'u Ohau: (808)
227-5015
1Oceanside plans tobuild multi-
milliondollar homes1 ft elevation
00
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of Ohau is down
30 40 ft elevatio
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SIERRACLUB
HAWAII ISLAND GROUP
January 13, 2025
Ms. Joanna Seto P.E.
Hawaii Department of Health
Environmental Management Division
cleanwaterbranchghdoh.hawaii.gov
Peter Kozelka
EPA Region 9
Water Division
kozelka.peterkepa.gov
Chris Sparber
County of Hawaii Wastewater Chief
chris.sparberkhawaii.county.gov
Re: Proposed renewal, Hilo Wastewater Treatment Plant NPDES Permit 9 9021377
Aloha,
The Hilo Wastewater Plant has been described as a trainwreck and is now subject of an EPA
Administrative Order on Consent. The County of Hawaii is required to replace it and that process
is proceeding so the plant is unlikely going to be able to maintain minimum standards for
secondary under the Clean Water Act and has already had a history of failures that have badly
impacted nearshore coastal water quality. These waters are listed as Class A under HAR section
11-54- for recreational purposes with numerous popular beaches nearby and year round public
uses including swimming, kayaking, snorkeling, surfing, and canoe paddling. These uses
inherently put users at significant health risk if standards are not consistently met. There are also
tide pools and reef ecosystems nearby that are already under climate induced stress. Scientists at
UH Hilo like Dr. Steven Colbert and Dr. Tracy Wiegner have done studies and found high levels
of pollutants. The current outfall is in relatively shallow waters and the effluent plume rises
quickly to the surface where the predominant trade winds bring the discharge plume back
towards shore. Merely adding chlorine to wastewater after an event at the plant will not properly
kill pathogens and introduces toxic chlorine byproducts to what goes out the outfall. UV is far
more effective at killing pathogens and that should be required in the permit going forward. EPA
Region 9 has recently added this requirement for the Kailua WWTP under an AOC after a bio
tower failure.
Hawaii County could bring in leased containerized MBR units with UV disinfection to bring
treatment up to standards while the replacement work is completed and the new equipment has
gone through testing. That should be required and is well within the authority of EPA and
HDOH.
P 0 Box 1137 Hilo, HI 96721-1137 1 hawaiiislandsierraclub(cDgmail.com sierraclubhig.org
In addition to work at the Hilo WWTP that will occur during the 5 year extension period, other
impacts need to be addressed. The plant receives septic loads and doesn't have the specialized
handling equipment needed. It has septic receiving equipment, but not what is needed to address
this highly concentrated waste that can upset the biological treatment process. With the cesspool
closure deadline for new homes, areas that are under active development will be sending flows to
Hilo. The County is under a separate EPA AOC for Pretreatment and is not currently in
compliance, so septic loads from haulers are not being properly tested to prevent chemical
contamination from impacting the biological treatment process. The proposed permit does not
address this. It mandates a Pretreatment Program, but doesn't address the lack of specialized
septic handling equipment. The City & County of Honolulu, for example, has such equipment at
several treatment plants.
Currently, large amounts of saltwater infiltration enters the collection system. Again, this is
required to be addressed under the Countywide AOC, but during the 5 year period of this permit,
infiltration will also impede the biological treatment process. The proposed permit should
prioritize actions by the County to do emergency repairs in areas of high saltwater intrusion.
Even freshwater intrusion is a significant problem given the high rainfall in Hilo and cracked and
broken lines going back to the 60's. It is harder to remove solids with high volumes of
infiltration as it impacts removal efficiency. The permit needs to recognize the Countywide AOC
requirements to address infiltration and it's impacts on the biological process at the plant.
Currently, hundreds of thousands of gallons enter the collection system daily and constitute a
sizable portion of the average daily flows.
The receiving waters need to see increased monitoring under the proposed permit. Not just
testing as the outfall enters Puhi Bay, but testing along the shore and just outside the ZOM where
recreational uses are high. This testing should be done by independent studies using UH
scientists who know these waters well. Typical culture testing takes 2 days for results to come
back and the public can be informed of sewage pollution. More modern testing like PCR give
rapid results and can identify viral pathogens that are the primary cause water borne disease.
Fecal bacteria like enterococcus are well known to go into VBNC or viable but non-culturable
forms that elude detection. The public is not properly protected by testing that is decades out of
date. Testing protocols need to recognize the surface micro layer effect. Pathogens associated
with with wastewater attach themselves to solids that float at the surface, so testing where
samples are grabbed at greater depth miss this. Both EPA and HDOH rely on testing methods
mandated in this permit that are scientifically out of date for these reasons.
This permit raises significant environmental justice concerns as much of Keaukaha where the
outfall is located is native Hawaiian. For decades, the County has failed to maintain the treatment
plant and the outfall pipe. While the impacted areas are used by tourists and locals, it is native
Hawaiians that have been impacted the most. Leasing of containerized units with UV
disinfection should be a requirement given these environmental justice concerns. The County
should adopt a public outreach program for this impacted community including social
networking options to inform them more quickly of noncompliance events.
Mahalo for this opportunity to comment
From: Dale Messier
To: LPCtestimonv
Subject: Not on big island
Date:Thursday,January 16,2025 9:10:21 AM
West Hawai'i Civic Center
74-5044 Ane Keohokalole Hwy.
Kailua-Koa, HI 96740
ATTN: County Planning Dept.
January 14, 2025
To Whom It May Concern,
I am writing as a concerned local to testify against some of the alarming items being proposed
in the Big Island General Plan 2045, scheduled to go before City Council in February 2025.
The specifics I am against are as follows:
Against the laying of fiber cable in order to construct a Smart City.
Against rezoning land from residential to recreational, nature, and or otherwise.
Against deed alteration from original homeowner, even after transfer of property and or sale.
Against the State buying up locals property and or forced sale.
Against restriction of home development from buyers who already purchased land and
forcing them to build in city center zoning.
Against forced driving electric vehicle by 2030 as proposed. Therefore, also against forced
restriction of gas vehicles.
Thank you once again for your time, consideration and actively listening to the voices of the
community.
Mahalo,
Sent from my iPhone
From: Deanna Wentworth
To: WPCtestimonv; LPCtestimonv
Subject: Leeward Planning Commission Meeting 1/16/25
Date:Thursday,January 16,2025 2:13:55 PM
Aloha Dear Planning Commission,
I am writing as a concerned citizen of Big Island. I have called Opihikao Hawaii on the
eastern tip of Big Island my home for the last 35 years. I have raised 4 children here and own
a lovely home and worked for DOE for 20 years and am now retired and have 12
grandchildren on island.
I am very committed to this place and this culture and would like to express my concerns
regarding the general plan.
I attended the last meeting the commission had in Pahoa a few months back. That was the
first time I had heard of the plan as well as many in our community. At that meeting I was
told to either register to testify in the beginning or speak after the council and General Plan
team spoke. I chose to speak after I heard what they had to say. Unfortunately I felt rudely
ignored and finally at the very end had to jump in and really advocate for myself to be heard.
They listened but said they would have to get back to me and closed the meeting with me
standing there with my mouth open...
Zendo Kern is the head of this team and Pahoa is his hometown. Yet neither myself nor any
of the people in my community even knew this General Plan 2045 existed 2 months ago when
we were alerted by some friends from Kona about this meeting in Pahoa to review and ask
questions.
I wish to enter into record the following facts pertaining to the General Plan.
It clearly states in this General Plan that any industries considered for particular areas would
be carefully vetted to be aligned with the community character. My question to them is I have
lived in the shadow of the Puna Geothermal venture for 35 years. I am regularly exposed to
toxic fumes from them pumping chemicals into the wells. I was evacuated after a blowout
they had for 3 weeks. At the time of that blowout cows were found dead the next day, women
had miscarriages, and many were sickened by the exposure to the fumes. This is all
documented. Also I have attended 3 large protests put on by many in the local Hawaiian
community in Puna to try to bring attention to our thoughts that Puna Geothermal drilling into
this sacred land where Pele makes her home and where the Hawaiian people revere and
worship her is an act of terrorism in my opinion.
The last administration has further given Puna geothermal more licences to drill here. Why?
Sincerely
Deanna Wentworth
From: Eileen Downing
To: WPCtestimonv;LPCtestimonv
Subject: Please Revise Hawaii General Plan
Date: Thursday,January 16,2025 7:46:34 AM
Aloha Commissioners,
The Big island Plan cannot go through the way it is designed. It is hard to believe any local helped
design this plan.
Here are some concerns:
There is a huge part of the plan dedicated to "Climate Change". However,why do most
experts state there is NO climate danger? Climate Experts Speak Out Against Climate
Danger Click Here!
The word "Stakeholder," defined in the plan, is written 86 times and literally means anyone
in the entire world can have input on this plan.
Please recommend Stakeholder change to the following: "Local Communities". Local
Communities are local Big Island farmers,homeowners,renters, organizations,businesses,
and individuals who live on Big Island or have property on Big Island that will be personally
affected by projects, decisions, or activities in the general plan. Effective local community
engagement and management are crucial for the success and sustainability of any initiative,
as it helps ensure that diverse perspectives and interests are considered.
The OSCER Department in the plan will null and void all public input and leave decisions to
unelected officials. This is NOT okay! This department should not be created. This is on
page 188, 40.8.
The Planning Department has sent out letters too many homeowners telling them their land
use will be changed from resident to recreation due to the General Plan 2045. This will
drastically lower their property value and opens the door to rezone the area. This is not
pono. It breaks the Aloha Spirit law § 5-7.5. To reduce someone's property value is not
okay. This must be made pono again.
There is a huge section on climate change and things that will be affected. This needs to be further
researched. There are over 1900 credentialed scientist that say there is no climate danger. Here is
the pdf showing the scientist and what country they are from. htti2s:Hclintel.org/wp-
content/uploads/2024/10/WCD-241023.pdf John Coleman, the first weather man for Good
Morning America and the Founder of the Weather Channel has gone on CNN and other media
outlets stating; "There is no climate danger". He explain the reason for this narrative is the
investors_ in renewable energy, want to make these changes.
Hilo does not have a Community Development Plan. How can a Big Island General Plan
move forward without that? Hilo is 22% of the island.
1.13 under "Increase the biodiversity and resilience of native habitats" reads, "Incentivize
private land management practices that protect and enhance natural resource values and,
when appropriate,pursue the acquisition of lands for the protection ofnatural resources."
Incentives" mean more taxes. "Protection" means more rules. Who's "values" is this plan
referring too because it's not the locals? "Pursue the acquisition of lands" does this say they
are going to pursing taking people's private property? Again with "protection of natural
resources". This plan should be focused on people growing more food and it is doing the
exact opposite!
This plan wants to turn land into "conservation". The exact opposite is what is needed for
Big Island! We need to turn land into Ag Villages and grow more food! Steve Shropshire, a
resident of Papaikou,has created an Ag Villages plan.
Ag Village to add to the General Plan:
Papaikou Ag Village Objectives:
https://www.standtogetherhawaii.com/_files/ugd/86fc0c_2cblcc6d604f4cdd971ad4083lc745bc.pdf
Papaikou Site Plan:
https://www.standtogetherhawaii.com/_files/ugd/86fc0c_5e4cdb02efeb46a5ae949a3579aff00d.pdf
Papaikou Development:
https://www.standtogetherhawaii.com/_files/ugd/86fc0c_c2af52c8b3c645bla6868a724eee8304.pdf
A Hawaiian born Kanaka revised the Collaborative Biocultural Stewardship that is in the plan.
You can see it in the pdf below:
Part One:
https://www.standtogetherhawaii.com/ files/ugd/86fcOc_Oald5be8fldl40069415f7b691725786.pdf
Part Two: https://86fcOcbd-8207-4076-85fa-
5a62e4e933b4.usrfiles.com/ugd/86fcOc_ecc498bal92d4a7689ebf3 lc3681 c2ec.pdf
Here is a longer revised version of the plan from locals:
https://www.standtogetherhawaii.com/_files/ugd/86fc0c b34739e4c99c461685de4c0207bf286e.pdf
The way this plan is written is very far from what will support our island.
Regards,
Eileen Downing
From: George Magoon
To: W PCtesti mono
Cc: LPCtestimonv
Subject: County of Hawaii General Plan testimony 1-17-2025
Date:Thursday,January 16,2025 3:29:57 PM
County of Hawaii General Plan
George Magoon testimony
1-17-2025
My Name is George 'Keoki" Magoon, born and raised in Honolulu Hawaii and familiar with
visiting Kona Hawaii as a keiki since 1956 pre State Hood. I would like to provide testimony on
the County of Hawaii General Plan.
I am very familiar with the lands and ocean of the Big Island from living full time off and on the
island since 1970. 1 own a home in Kohala and a farm in Keopu Hawaii.
The unique Big Island has some very dynamic concerns because it is made mainly out of
volcanic rock, ash and cinder. It's also a very large island with active volcanic activity, quakes,
shakes and movement. This factor does create some very serious and different environmental
concerns from a development stand point. The fact is that the land is porous, and all liquids/
pollutants quickly drop down into the lower levels below the island and enters or drains into
the ocean very quickly. Sewage and other pollutants can quickly affect and kill coral and affect
other marine life. Golf course fertilizers, nitrogen, soap and cleansers, house hold and yard
cleaners, pesticides, does have a direct impact on the shoreline because of run off either on
the surface or underground. An example is high levels of nitrogen or other toxins is killing the
coral, or other recent impacts that create algae blooms supporting ciguatera toxin growth
have affected the reef fish, poisoning the fish. We never had to worry about eating reef fish
before major development took place on the island. There are also the more recent serious
concerns from the human sewage entering the oceans and water ways creating new toxins
and resistant bacterium that are dangerous to Human health, such as the flesh eating
bacteria. Some of the new bacteria can eat bone, plastic and metal. I have personally gotten a
scratch from an ophi shell next to the Milolii shoreline and am now dealing with a bacterium
eating at my bone next to my knee replacement implant. This is a new serious concern that
can affect all of us especially people with implants, including other kinds of implants. I don't
want our keiki swimming in pollution. This is not a joke and is a real concern only to get
worse!
In my opinion, and for the well being of the people on this island, this sewage concern is too
important to be left up to the individual home owner or small developer to provide sewage
treatment plants , and maintenance . I think that all sewage plants should be built and
maintained by the city and county, State and Federal level for all the houses, businesses,
development on the Big island so only clean water enters the ocean. We can no longer
expect the small developers to provide sewage treatment plants and services. It's not realistic
or cost effective for the small guy to provide these multi million dollar services. On the Island
of Hawaii, there are cesspools or septic tank scattered around the island that are leaching
into the water table. In my opinion, This General Plan and the County of Hawaii plan has not
done enough and needs to coordinate a large share of county funds to address the federal
clean water act goal of obtaining zero or near zero micro pollutants by 2045.
There is also the concern about all the ships, cruise ships, private and navy ships that are not
required to pump their sewage into shoreline sewage treatment plants. I believe that this is a
major environmental and hazardous concern to all of the people of Hawaii and the marine life
because of their minimal requirements dumping their affluent into the ocean. One of our main
food sources is swimming in pollution. We need to do more to clean up our oceans, it is one
of our most precious resources that has been overlooked for too long! This General Plan
needs to address all of the island resources!
On a separate note,
Water Catchment needs to stay. It reduces the cost of providing power and maintenance to
pumps that has to suck water up from the water table to tanks fifteen hundred feet in
elevation. It is a readily available resource that benefits a huge number of residents. There are
many legal subdivisions that currently depend on catchment. There is not enough capacity to
provide the piping and pumps to provide additional water services to all of the houses relying
on catchment. There is no money for this and it would be unfair to impose additional, very
expensive requirements on catchment users.
Thank You for allowing me to voice my concerns about the General Plan.
Respectfully Submitted by email,
George Magoon
1-17-2025
George Magoon
808-640-0309
From: ilkinkona
To: LPCtestimonv
Cc: WPCtestimonv
Subject: 2045 General Plan Leeward Planning Commission Mtg 01/16/2025
Date:Thursday,January 16,2025 7:10:36 AM
Dear Commissioners,
At the Leeward Planning Commission meeting held last month I heard that the Kona Community Development
Action Committee had submitted their recommendations to you.
Nearly 20 years ago when that Committee was formed,many community members,including myself, got involved
and were so excited for Kona's future development plans. In the few meetings that I attended back then, terms such
as"transit oriented development","walkable","bicycle friendly","mixed use","sustainable development"were all
used to promote the"Smart Growth"concept.That was 20 years ago. Since that time,we have more bike lanes but
walkability is sketchy,mixed use is not happening,and sustainable development is still 90%dependent on imported
goods.And to top that off,we now have more transplants moving into the non urban areas,hiking up the cost of
homes,driving EVs all over the place and living an unsustainable westernized lifestyle.Except for a few of us,no
one is hanging out their laundry to dry in our hot Kona sun anymore.
But where this General Plan really fails us in its refusal to address all the many horrific fires and other supposed
natural disasters"that have been happening on the US continent, globally and even here on Maui,that have
nothing to do with climate change and more to do with curbing the population and forcing everyone into a"Smart"
15 minute City lifestyle where you are tracked,traced and heavily survielled just like the urban centers in
Communist China.
We know this to be true about the outcome of these fires,because similar outcomes are planned for other fire-
destroyed communites including Los Angeles,California where Gov Newsom speaks of the Olympics in 2028 and
even here in Hawaii where Gov Green himself had already designated Maui and Lahaina specifically to become a
Smart City example BEFORE August 08,2023 when Lahaina was burnt to white ash and way more than 102 lives
were lost.
This kind of Smart City set up is not part of our local culture and DOES NOT belong here.
If this is where Hawaii County is headed for then you had better fully disclose those plans in this document and get
the consent from the public especially the 94%or the 195,000 Hawaii County residents that you failed to reach.
Mahalo,
Josephine Kehipio
Kailua Kona
Sent from Proton Mail Android
From: Akuakea
To: WPCtestimonv; LPCtestimonv
Subject: General Plan Written Testimony. Comments on"Stakeholder"defention
Date:Thursday,January 16,2025 6:25:38 PM
January 16, 2025
Aloha planning commissioners—thank you for your service!
As a follow up to testimony today I wanted to affirm the vitality of this body and exhort and
empower you to see yourselves as the source of the greatest influence, because you are closest
to the people.
Lawful governance is at the lowest level, not from the CEO down, but from the people up—and
you are hearing the people speak loud and clear. The jury in our culture has been weakened by
attorneys playing word games; you will hear our courts reference 'Jury Trial' but that is a different
structure than 'Trial by Jury'! Sounds the same but in law they are dramatically different. The 7th
amendment refers to the latter. A jury, formed by ones peers, not restricted by a judge or
opposing attorney for language or information they want to strike —the Jury is tasked, as lay-
people -normal every day Peers—to decide on what is TRUE. And to quote the 7th amendment,
and no fact tried by a jury, shall be otherwise re-examined in any court of the Unites States,
than according to the rules of common law'. That means that when we the people speak, the
Supreme Court can't over-rule it! I share that simply to illustrate the power of this body, closest to
the people and since we are now being sworn in your role as JURY is emphasized.
Further, of the hundreds of testifiers; virtually all are saying the same thing. Push PAUSE and give
the people REAL say on the document that will affect our next 20 years more than any other. Your
task, as Jurists is to uphold the law and represent the people. The LAW is the highest law of the
land and the law of conscience— not some statute, code or ordinance—they are NOT laws and
only have the force of law with the informed consent of the people. I don't consent to being
governed by codes and policies especially when the contradict the highest law of the land, let
alone that of the Creator.
Your task, as honored volunteers— sincerely I appreciate you, is to discover, beyond a reasonable
doubt whether or not this document: 1. Represents the will of those who will be affected by it. 2. Is
consistent with the laws of the land and the laws of conscience.
Seems pretty self-evident from the couple hundred testimonies I've heard that that answer is a
resounding 'NO"!
I don't understand the policies that may seem to limit your actions; Mr Darrow inferred that the
process cannot be stopped, only 'RECOMMENDATIONS' can given to the County Council. What I
want, what I believe the island wants is for you to not make recommendations, that may or may
not be honored by our council, but to make systemic changes to the spirit and foundation of the
document.
Much of the progress in development of this plan happened during a time of government created
lock-downs, limitations on meeting, and travel. We are aware now, the public is finally getting to
read the document (Only since July!). Its grass roots awakening to the content of this most
important document; not the County. Nobody got a direct mailing or a note with their property tax
bill -which could have happened for the same postage stamp - so lets give it the time to be a
document that represents us and our needs.
We're here, maybe later than hoped but let us create the plan we can thrive with!
I for one DO NOT want: More regulation, more taxation, more controls of use of land, more
conservation land (1.4 million is quite enough!), more top-down governance, certainly not more
stake-holders' to have say over land use, absolutely not one driven by a deceptive and false
climate change narrative or that sets the stage for a surveillance society!
I DO WANT: More freedom, more innovation (people solve problems, not bureaucracies) lower
taxes, more accountability and transparency, more righteousness, more justice, more privacy and
honoring of the laws of the land and of our creator, more truth and more consequence to those
who violate truth and light.
I honor you and thank you for showing that the people are heard by decisive action that honors us
and honors our Creator.
Willing to talk with directors, commissioners, planners about my thoughts.
Sincerely,
Kevin Hill
PS. There are numerous people who could help with the motions to amend. I heard the motion to
discuss the stake-holder definition and e-mailed the following comment.
Aloha. I'm listening to the deliberation on the motion on the table. the defining of stake holder. The issue
is not about just trying to include everybody. The problem is that it is MORE inclusive.
Stakeholders includes INVESTORS. There is a move through out the country to quantify items such as
water, wildlife, pollination etc
These investors... now stakeholders will have a claim on and a voice on use of lands.
It's been the homeowner or business and the county... not investors who are now empowered to control
land through this redefining of assets.
Great information on this movement throughout the country and details of how it was shut down for the
moment at the federal level in January of 2023 can be found by searching "the great taking" by David
Rogers.
Here's one link to a 15-20 minute summary of the documentary. (https://www.youtube.com/watch?
v=E XM1Y0uvea)
Any motion around this topic MUST be appraised of this movement to understand the numerous
objections to the definition of Stakeholders on the GP. It's not to include more people or entities but to
restrict them!
This is why the well-informed public needs to be a part of the discussion following the testimony. Many
testifies know what I've shared here and could give clarity for meaningful change to the gp. There is so
much going on under the water line that we need each other to plot a pono course for the future.
Aloha
Kevin Hill
808-217-6847
Sent with Proton Mail secure email.
From: Live Peace Hawaii
To: LPCtestimonv;WPCtestimonv
Subject: Fwd:Testimony—UA MAU KE"EA O KA AI"NA I KA"PONO The life of the land is perpetuated in Righteousness
Date:Thursday,January 16,2025 8:17:27 AM
Forwarded message ---------
From: Live Peace Hawaii<slwsurfing(a4gmail.com>
Date: Thu, Jan 16, 2025 at 7:47 AM
Subject: Testimony —UA MAU KE'EA O KA AI'NA I KA'PONO The life of the land is
perpetuated in Righteousness
To: Council Testimony @Hawaii County.Gov <counciltestimony(4hawaiicounzy gov>
IF THERE IS NO 'SMART CITY AGENDA` w 11
FOR HAWAI I ISLAND.. watt erer rresesources
centralized
under United
Nations 'One
Water'program?
INS *.
why are there
references to
urban
development'
throughoutthe
JEFF ARROW ZENDO KERN APRIL SUPRANANT general plan
document?
THESE
OFFICIALS NEED TO EXPLAIN THIS 90
18 DAYS
IN LAHAINA A
ir
IRES
PUBLIC MEETINGS
I 0 SCHEDULED NEXT HEARINGS ABOUT OUR GENERAL PLAN
lieDURING VVORK TUES JANUARY 14 7a 12 NOONHOURSLIMIT
PARTICIPATION& THURS JANUARY 16 @9.30 AM
ARE POTENTIALLY IN KONA CHAMBERS
OFVIOLATIONS
SUNSHINE LAINW OR CALL&REQUEST ZOOM LINKSUNSHINE
c G
bigislandsupport.Carn 18 a 8) 9 V 1 -8 2 Z J
also Standtogetherhawaii.com
UA MAU KE'EA O KA AI'NA I KA'PONO
The life of the land is perpetuated in righteousness
My suffering from Organophosphate/Pesticide poisoning disables me from
Attendance at these crutial meetings.
Choose ye this day whom you will serve."
No More , land grabs, genocide, foreign land deals — SMART (Not so much w burning Cars
meters) Cities, Etc.
KEEP KONA —Country "
And all Our Still recoverable Aina
ALL MY Aloha,
SharOn Willeford
Retired DOE 3rd grade teacher)
From: lonapepper
To: LPCtestimony
Date:Thursday,January 16,2025 9:11:10 AM
Sent from my iPhone
West Hawai'i Civic Center
74-5044 Ane Keohokalole Hwy.
Kailua-Koa,HI 96740
ATTN: County Planning Dept.
January 14,2025
To Whom It May Concern,
I am writing as a concerned local to testify against some of the alarming items being proposed in the Big Island
General Plan 2045, scheduled to go before City Council in February 2025.The specifics I am against are as follows:
Against the laying of fiber cable in order to construct a Smart City.
Against rezoning land from residential to recreational,nature,and or otherwise.
Against deed alteration from original homeowner,even after transfer of property and or sale.
Against the State buying up locals property and or forced sale.
Against restriction of home development from buyers who already purchased land and forcing them to build in city
center zoning.
Against forced driving electric vehicle by 2030 as proposed.Therefore,also against forced restriction of gas
vehicles.
Thank you once again for your time,consideration and actively listening to the voices of the community.
Mahalo,
Sent from my iPhone
From: Rocklyn Spencer
To: LPCtestimony
Subject: General plan for Hawaii Island for 2045
Date:Thursday,January 16,2025 11:21:19 PM
Attention Big Island planning commission; Please be advised that Iam a resident of Hawaii
Island, and Iam against the General Plan for Hawaii Island for 2045. I have a copy of the plan
and I have read it. Iam against the plan in its entirety. Please request that the county council
reject this plan. as it is not in the best interest of the people who live here. Thank you for your
attention to this matter. Rocklyn Spencer-Dicey.
From: Roger Christie
To: WPCtestimonv; LPCtestimonv
Subject: Testimony of January 16,2025 for General Plan 2045
Date:Thursday,January 16,2025 9:31:08 AM
Attachments: Adobe Scan Nov 27.2023(5).odf
Good morning and aloha!
It's my opinion that the Hawai'i County General Plan 2045, although supported by many good
people with honorable motives, is 'frog in the pot' governance with the heat turned up a lot.
Some of us frogs are very uncomfortable with its dominating, controlling details from the
U.N. and other globalists and we appreciate the opportunity to voice our concerns in an effort
to reject it. By rejecting the plan I support the spirit and the letter of the Declaration of
Independence, the Bill of Rights and the Constitution which seem to be lost in the many
overreaching details of the current plan.
My concerns include:
1. Changing land use definitions and zoning without the full knowledge and approval of
property owners
2. Regulating off-grid living
3. Further stressing the electric grid and increasing the costs of electricity
4. Giving outside "stakeholders" undue influence in local affairs
I believe that any plan for our future must include the 1993 Apology Bill which clearly
exposes the theft of the Kingdom of Hawai'i by the U.S.A. in 1893.
his://www.govinfo.gov/content/pkg/STATUTE-107/pdf/STATUTE-107-Pg 1510.pdf
I believe that any plan for our future must include the provable history of our happy days and
enormous backyard wealth generated here by a robust Cannabis economy in the 1980's.
In 120 days we can have a world famous, multimillion dollar Cannabis hemp harvest for
health, wealth, happiness, holiness and renewable ag economy. We simply need more
freedom and less oversight, more freedom and fewer grants.
The plan must include that Hawai'i County helped to destroy that safe, natural and renewable
economy and lifestyle and replaced it with poverty, meth, homelessness and crime which
exists to this day. When the marijuana eradication program was proven to be the cause of the
troubles the county hid the study and continued the disastrous program until I shut it down
with an impeachment lawsuit in 1999. The county government is not to be trusted and needs
to listen to the guidance of the citizens and not globalists, not SMART City advocates and
other outside "stakeholders".
We the people need, want, deserve and demand that our individual rights and freedoms to be
strengthened, not reduced by the plan as it exists.
P.S. The censorship of my friend Megan Isaac in a recent hearing was unacceptable.
Thank you.
May unexpected blessings and love keep coming to you and from you,
Roger Christie
Hilo
RogerChri stie.sub stack,com
S ndav eta r-'O u I I etin &`Advertiser
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March 5. 1989
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uH — 71 pot crop at $10 billion a year
really dried up."he said.
p.pA. 70 By Reiter Wright Related editorial,Page B-2 Cargo
VV 11GL 9 He proposed immediate crc-
lei.&u v.n It'it"Obs.) tanonofajointfederal, state
Hawaii's marijuana industry. "We are a major drug supple- and county task force to•devel- 1
out of control and overwhelm- er to the United States,and we op a plan and estimate the 1,821,366"
Baseball ing law enforcement, can be should admit it. We don't like costs to implement it.destroyed by tracking down It. but it really got out of con- Specific tactics would proba-
H "— growers in the field and their trot very quickly,and we need bly include increased use of Mail
couriers and shipments at air help." Price told The Adverts- dogs to Sniff for drugs in lug- (IbS.)and seaports, Attorney General er. gage and other air shipments.
Ind. C}. 1 Warren Price said yesterday. Hawaii's isolation as an is surveillance of likely couriers 'jQ 159
J` Green Harvest" eradication land state makes R a likely with searches aulhonzed under
see Sports,Page C 1 ' .} efforts alone aren't "reducing, laboratory for a "border inter- warrants.and staking out mari-diction" drug-control program. juana patches to catch or trackiimuchlesseliminating" the he said.
marijuana industry.he said.growers"green-handed." Passengers
The bulk of the marijuana Similar stake out tactics by
High-tech Capitol Price said he is asking Feder- produced(m Hawaii) leaves by' rangers at Hawaii Volcanoes 87,972
t al drug enforcement czar Wil- air....Given sufficient funding National Park on the Big Is-
ine Legislature will become a ham Bennett for money to help and/or assistance, Hawaii could land. coupled with stiff sen-
rot more'user friendly d a cou- intercept an annual marijuana be'shut down'to drug traffick- tenccs for growers by federal f`,,l
pie of nigh-tech oriented state Attorney General Price crop that he valued at up to ing,and the enormous marijua-
revreseotatives have their way It remy got out of oonbof' $10 billion. na industry could be econom See Hawaii, Page A-i
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