Maui/Lana`I Island Burial Council Site-Inspection September 24, 2009 Place: Kula Community Center, Lower Kula Road across of Holy Ghost Church. Issue: Strong Possibility of Multiple ….(I REPEAT)….Multiple Ancient Hawaiian Burials. Kealahou Ahupua`a (Kula Ridge Mauka Project - 116 Homes Planned Development) On Thursday, September 24, 2009 the Maui/Lana`I Island Burial Council will hold a Site-Inspection at Kealahou Ahupua`a (270+ acre area) mauka of the Kula Community Center. The site area extends from Lower Kula Road (makai) up to Kekaulike Avenue (mauka); across Keahuaiwi Gulch (north), down from Kekaulike Avenue to Kula Highway, south of Kamehameiki Road. A planned development of 116 homes is being pursued by a local developer on these lands. Human remains were recently disturbed without an Archaeology Monitor present. When questioned by Chairman, Charles K. Maxwell Sr. at the July 30, 2009 Burial Council Meeting on Maui, Principle Investigator, Robert L. Spear, Ph.D. of Scientific Consultant Services, Inc., the Archeology Firm hired by the developer for the project answered that the [Excavation] permit did not require a monitor, Apparently a burial mound was cross-sectioned by heavy equipment during Road Grading Activities that exposed and disturbed iwi tupuna. Within the project area (see attached map) are over 300 possible burial mounds clearly visible. See for yourselves. Join us by attending this sure-to-be informative, if not sobering meeting. Note: Updates to be posted here.

Kula Ridge Mauka Map(pdf).pdf

Kealahou.docx

2-3-001-Parcel 023 Nishikawa AIS FINAL.pdf

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  • You need to get some direct or direct lineal descendants of the area; it you can't find them then cultural descendants - IT IS burial sites, not "possible" . Noting this is Kekaulike as named also for the area - it has great significance. Get out the storytellers and genealogist to find the families. Families need to step forward and say what they want done, would be better with legal counsel to say they want a 300, 600, 1000 feet buffer of the area of any burial (developer would need to downsize the plans) and not the typical 15 or 30 feet buffer of a site.

    We need burial treatment plans that say, "When you find bones, notify authorities; whether monitor or police and then research, and then memorial and recover and don't touch it again". But instead they usually move them. There must be other significant evidence when you walk on the land. If you are in tuned with 'aina spirit will tell you especially if you have been trained by a kupuna on sacred sites to look for obvious markers. Old trees that sets boundaries for the area; rocks and placement of them, plants in the area, etc. If it was untouched for a long time there would be telltale signs where you can even picture what the area was like just by walking on the land. Not many are gifted like this or taught without having proper education. It's an old way of knowing. You must have some kupuna in the area that can help or families that know the stories...you must find them or get an archaeologist on your side to do probono work.

    Make my heart sore I see this....exhale...Malama Pono, Stephanie
  • What would should we do?

    Now that we all feel studpid and dumb and less than, that's okay. What is not okay is to feel intimidated by the Nishikawa report. Just down load and save as, and when you all have money for ink purchase and copy a hard copy for oneself as a model.

    Foster posted on MaoliWorld for all to see and all is looking.

    If one can locate a lawyer, that is willing to work in this area ( I don't think one can) than that is cool.

    I think the Ritz Carlton hotel had set the foot step in motion for it's okay to desecrate Hawaiian graves in a huge way.

    The main thing is that we talked, objected, and said it in a communication form.

    "See for yourselves. Join us by attending this sure-to-be informative, if not sobering meeting."

    This is not a meeting of sit down and listen and go home.
    Just a suggestion:
    Step one: Go to Longs Drugs Store buy markers and draw huge letters DE-OCCUPATION
    Step two: Call TV Stations e-mail what you just posted.
    Step three: Email to Native Hawaiian Legal Corporation
    Step four: Email to OHA
    Step Five: Email to the White House


    You are all passed serious thought!!!!

    It is time for action, as I understand-- it is difficult because everybody is strapped for jobs or money, same here on Oahu. Nobody wants to be disfavored by family or friends or loss of jobs.

    Get beyond posting and act, in a small way helps too. Just lighting a candle, through salt, say a prayer, Kahea, blow the shell, wear a kekepa, LET OUR TUPUNA KNOW WE CARE!

    Go make your own survey, touch and feel "beyond braddah feel" get passed that super ego, we not haole, we are Kanaka's get angry, get rage, and pray. Don't expect Charlie Maxwell to do this because he is too old. Obviously, he is passing the torch, so reiterate the question.

    Why is it not required to have a culture monitor? Why haven't a culture monitor been present at these surveys and studies. I haven't read all three hundred pages, but how old are these graves? Over hundred years never meant that the fake state owns these iwi's they are still connected to living ohana.

    Was there an advertisement in the paper for the Ohana to come forth and claim their iwi. You must have mana'o and oral testimonies on the islands. Who are your Na Konohiki? call them up and ask to them to write a testimonly based on their culture practices and appointed position by KAM III.

    Going face to face with the Fake State Occupiers is just one part. Facing your people is another and this 'maka to maka' is not just for MaoliWorld. Face east, north, south, and west and cut a whole line for equal parts of communication. Kaohi
  • Sophronia Noelani. Josselin
    4549 Panihi Road
    Kapaa, Hawaii 96746

    September 09, 2009

    County of Kauai Planning Commission Chairperson and Committee;

    Agenda for Wed. 9/9/9:LEGAL DOCUMENT:C 2009-304 Communication
    (0811912009) from the Director of Parks & Recreation, transmitting for Council approval
    securing of a shared-use path property adjustment agreement at Wailua Bay View and right-of-entry and license agreement at Kapa'a Sands to access for construction the Lydgate Park to Kapa'a Bike Pedestrian Path along Papaloa Road as follows:(a) Property Adjustment Agreement by and between the Association of Apartment Owners of Wailua Bay View Apartments, a Hawai'i Nonprofit Corporation, and the County of Kauai’s, portion of' Tax Map Key No. (4) 4-1-05:3, containing an area of approximately 1,080 square feet.(b) Right-of-Entry and License Agreement by and between the County of Kaua'i, and the Association of Apartment Owners of Kapa'a Sands, containing an area approximately 2,134 square feet and Construction Parcel C-I. Containing an area of approximately 13,437 square feet both identified as being portions of Tax Map Key No. (4) 4-3-02:02.

    As a Native Hawaiian living in the Puna district, Kingdom of Atooi, Kauai, Hawaii, I want to make known my objections to the permitting process of which the County of Kauai’s Planning Departments have engaged, are engaging and plan to engage in, in regards to areas related to; Wailuanuiaho’ano, the Great Sacred Wailua.

    The “inclusion of Tax Map Keys 4-3-2: 2 and 10, and 4-1-5: 6”, Wailua, Kauai. Hawaii Administrative rules (HAR) 11-200-26 provides in relevant part: “If there is a change in size, scope, intensity, use, location or timing, among other things which may have a significant effect, the original statement that was changed shall no longer be valid because an essentially different action would be under consideration and a supplemental statement shall be prepared and reviewed as provided by this chapter.”

    The modification requested would add three parcels to the permit. (1). A sidewalk on one parcel to be demolished and reinstalled. (2). Department of Public Works intends to obtain another parcel to provide a consistent road right of way alignment and construct the shared use path. (3). Department of Public Works plans to demolish an existing sidewalk on another parcel and move it approximately 3 feet mauka to abut the property line. While Department of Public Works claims these modifications do not alter or change the shared use path project or its concept in any way, they were not addressed in the EA and, since they may have a significant effect on the environment, the original EA is not valid because we may now have an essentially different action under consideration.

    This area is used for public parking and access to Papaloa (great reef) for fishing, swimming, and Kukui heiau. This development will have an impact on our access, protected under article XII section VII of the State of Hawaii Constitutions. This chapter indicates that as a native Hawaiian we have inherent birthrights, customarily and traditionally exercised for subsistence, cultural and religious purposes, possessed by ahupua'a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778.

    Have there been considerations for alternative parking?

    Commissioners, the modification to the original SMA permit; dated September 11, 2007 contradicts the intent of Hawaii Administrative rules (HAR) 11-200-26. The law requires that when the project changes, to cover the potential effects of those additional changes, you are required to have a supplemental EA/EIS completed. Additionally, a Cultural Impact Assessment is called for."

    Pursuant to State EA law (Act 50). there was no cultural impact assessment. The County used the Kapa’a Relief Route CIA, citing it is in the same highway corridor. This action is flawed and indicates that the County of Kauai , disregards the spiritual and Cultural significance of the Wailuanuiahoano area. You cannot just “borrow studies” that are not precisely done for the specific project. This is not proper protocol for an area as Sacred as Wailua.
    I
    ssues; including the fact that Federal Stimulus Funds are being used for something that would have a significant adverse effect to the Hawaiian culture, people, and historical and cultural properties, primary and secondary, socially and environmentally. Wailuanuiahoano It is a spiritual place of significance, a religious site that is also known as a pu’uhonua (place of refuge, place of peace). We need to retain the integrity of significant cultural and historical landscapes for now and the future, and this wahi kapu (sacred site) is one of the most important in Hawaiian culture and all of Polynesian history!

    Most important, we do not want the sacred areas of Wailua beach desecrated by a plastic boardwalk and see it become a high traffic transient corridor, that a 14 feet wide design invites!. This boardwalk is wider then the federal requirements for the width of Kuhio highway lanes! Wailua beach is inclusive of the entire bay, and area known as a National Landmark (Wailua River Park and Wailua Complex of Heiau) - it is known traditionally as an “one kapu” (kapu sands) and has a huge historical / mythology and oral history associated with Wailua beach (Alio beach is the traditional and proper name).
    For the record we have documents that we have been in objection to this alignment since 2004. Citizens of the Condos that fronts Wailua’s coastlines who were also affected by this process, had the financial means to hire an independent Marine biologist as well as legal representation, thus their concerns were addressed and met.

    Is it because we are considered by the county of Kauai as “under educated, and in capable of navigating the laws and the process that we indeed find “inconsistent”, that we are treated as second class citizens? I feel that it is very degrading to the Hawaiian people and our culture which do I have to remind you is the backbone of the tourist economy? It seems that the only way to get any recognition is by editorial in the local newspaper where the locals are telling the tourist, “Eh no foa get for go home!” or having to resort to protesting on the sides of the roads holding banners and signs! As native Hawaiians we DO NOT belong on the sides of the roads!

    We are still patiently awaiting Mayor Carvalho’s promise that he intends to hold a community meeting to address Native Hawaiians concerns prior to the commencement of construction of this multi use bike path in Wailua.

    I once again reiterate my objections, based on major discrepancies, inconsistencies and inaccuracies in the process and procedures implemented by the County of Kauai. I feel that there needs to be further investigation as to whether the County of Kauai has exhausted or even addressed Section 106 procedures and requirements. This process should have in fact actually included an Environmental Impact Statement considering the cumulative effects that this project will have on future of The native Hawaiians, our culture and the area of Wailuanuiahoano.
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