Posted by Pono Kealoha on September 10, 2009 at 11:13am
County of Kauai Planning Commission Chairperson and Committee : EO SAVE OUR KAPUNA IWI'S WAILUA BEACHSIGN THE PETITION ON THE YOUTUBE PAGE LINK:CLICK ON TO GET THEREseptember 09, 2009County 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 approvalsecuring 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.Issues; 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................................................................................................................................................................................Please show support!Dear County of Kauai, Mayor Bernard Carvalho,We would like to ask that the proposed route of the Ke Ala Hele Makalae (Multi use bike path), be altered to run mauka of Kuhio Highway either in front of or behind of the Coco Palms property. Further, by allowing the path to run west of the highway would result in better and safer access to the businesses along Wailua River and shops that are sure to materialize as the Coco Palms property is developed.This change will preserve the last beach on the east side with easy access for recreation activities and cultural practices. This will also preserve Wailua beach view plane and eliminate further distraction to vehicle operators who daily check the ocean conditions from Kuhio highway.Allowing this path to be built on the vegetation line that buffers and filters run off water to Wailua beach from Kuhio highway will allow petroleum and chemical contaminants from this high traffic corridor to enter the delicate marine environment of Wailua Bay during heavy rains. This increase in pollution will have a very negative impact on the fragile marine environment so vital to our tourist industry, and culture. This vegetation line is the home of many salt tolerant plants that is vital to Wailua accretion cycle and protects Wailua beach from erosion. Many of these plants are harvested and used for medicinal and cultural practices today.Most importantly, it would protect the last remaining area of what was once a very large and sacred burial site of the Kupuna Iwi O Wailua, who were possibly the first Alii's with origins to Tahiti. Portions of this burial site have been desecrated for the development of Kuhio Highway and the Coco Palms resort. We ask that this area be preserved and an Ahu be built in honor and respect.Wailua Beach was once the seat for native Hawaiian spirituality. Its rich historical significance and natural, untamed beauty, makes it one of the wonders of Kauai our visitors and residents alike can enjoy.We feel that these points merit consideration, and hope that you will re think the current route that the County of Kauai has proposed for Wailua Beach.Sincerely,Sophronia N. JosselinFriends of Wailua Beach
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