Attention Kauaʻi residents especially – Urgent and time sensitive
Testimony should be submitted TODAY Tuesday December 5, 2023 (or ASAP) by directing an email to BLNR.Testimony@hawaii.gov

See my thoughts/testimony below for context and background – but please offer your own thoughts, in your words, based on your experience and knowledge. Short and to the point is fine!

Testimony: BLNR meeting scheduled for 12-7-23
Opposition to agenda item Land Division #6
Re: CocoPalms – 6. Issuance of Term, Non-Exclusive Easements to RP21 Coco Palms LLC, Wailua, Kawaihau, Kauai, Tax Map Keys: (4) 4-1-003:044 and (4) 4-1-005:por. 017; Issuance of Revocable Permit to RP21 Coco Palms LLC and Sale of Lease at Public Auction for Parking and Landscaping Purposes, Wailua, Kawaihau, Kauai, Tax Map Key: (4) 4-1-003:017; and
Immediate Right-of-Entry for Management Purposes to RP21 Coco Palms LLC, Wailua, Kawaihau, Kauai, Tax Map Keys: (4) 4-1-003:044, (4) 4-1-003:017 and (4) 4- 1-005:por.017.

Aloha Chair and Board Members,

I am offering this testimony today as a resident of Wailua Homesteads on Kauaʻi, a grandfather with children and grandchildren born and raised in this ahupuaʻa, the former Director of the Office of Environmental Quality Control (OEQC), former State Senator representing Kauaʻi and Niʻihau, and former 4 term member of the Kauaʻi County Council –

To be clear, this testimony is in strong opposition.

I cannot understand why the BLNR would consider granting any easements, revocable permits, leases, or right-of-entry to an entity that is now under investigation for grading, grubbing, and other destructive activity on state conservation lands without permits AND who has been trespassing on these lands for the past year AND whose intention is to use these state lands to support a resort development without conducting at the minimum an environmental assessment to determine impacts.

This proposal is especially puzzling because a local, credible, Kauaʻi based community organization also seeks to manage these lands for the benefit of the broader community in a manner that protects the significant environmental, cultural, and cultural elements contained within this area.

Therefore to reiterate, this testimony is in strong opposition to this agenda item.

However, in the event any easements, revocable permits, leases, or right-of-entry is granted, I strongly encourage the BLNR to ensure compliance with HRS343 and require at the minimum an environmental assessment fully disclosing potential environmental impacts from the planned use of these parcels as part of the proposed resort development.

An outline of the facts:

1) RP- 21 and related entities are presently under investigation for grading and grubbing and cutting down coconut trees on State land and on conservation lands without the appropriate permits or permission from the State of Hawaiʻi.

2) I have personally witnessed and photographed the grading and grubbing and seen in person the many fresh cut stumps being dug up by workers for the developers.

3) BLNR leadership has already acknowledged that RP-21 has no legal authority nor any permission in writing from the BLNR to intrude upon or utilize the State lands in question.

4) RP-21 on a daily basis operates their equipment upon these same properties. Since they possess no valid State Lease nor any valid RP’s, they are essentially trespassing on State land. They have constructed barriers preventing others from accessing these properties. They also conduct grading and grubbing on the property (without the presence of a qualified archeological observer), and actively utilizes these lands to facilitate and support the ongoing development of adjacent lands – I personally witness this activity on a regular basis as I drive and walk by these properties on a daily basis.

5) Any new lease or revocable permits issued on these lands trigger HRS323 and thus any proposed use that accompanies the granting of any new lease, revocable permit, right of entry, or easement must require an environmental review in order to comply with the law.

6) These lands are situated in environmentally sensitive areas with unquestionable historical and cultural significance. They are located in a coastal tsunami zone, clearly impacted by issues relating to sea level rise, adjacent to wetland areas, currently and historically impacted by frequent flooding, known habitats for rare native birds, and include ancient fishponds and waterways that connect to and ultimately drain into the Wailua River and nearby ocean.

7) The RP-21 and related entities involved in the proposed CocoPalms resort development have unambiguous and specific plans to utilize these State lands to facilitate and support their planned resort.

8) Allowing the use of these State lands in conjunction with the planned resort commercial development will contribute directly to increased impacts on the shoreline, nearshore water quality, and further degrade existing cultural, historical, and archeological elements.

9) I Ola Wailuanui, a community based nonprofit has formally applied to lease and or secure the required RP’s in order to provide appropriate community stewardship of these lands in a manner that protects the environment, honors the historical and cultural significance, and is beneficial to the entire community.

10) Any and all entities that are granted a lease or RP to these lands must be required to comply with HRS Chapter 343 and at the minimum conduct an Environmental Assessment (EA) of their proposed uses and impacts, and conduct a full Environmental Impact Statement (EIS) if those proposed uses and impacts are related to the facilitation of new resort development.

I’m available to respond to questions via email or text but unfortunately I am currently traveling out of the country and unable to attend the meeting in person. This testimony is made on my own behalf. While I fully support its mission and vision, I do not speak on behalf of nor represent I Ola Wailuanui.

Sincerely,

Gary Hooser
808-652-4279
garylhooser@gmail.com