A hearing has been scheduled before the state Land Use Commission later this month to consider a petition that challenges the legality of “the industrial uses” atop Mauna Kea, including the controversial Thirty Meter Telescope.

Hawaiian cultural practitioners Ku‘ulei Higashi Kanahele and Ahiena Kanahele of Hilo filed the petition, which argues that the growing number of observatories has transformed the conservation district at the summit into a de facto urban district requiring a land use district boundary amendment.

Because obtaining a district boundary amendment from the Land Use Commission is a lengthy process and could take years, the request can be seen as the latest attempt to further delay construction of the $1.4 billion telescope.

For months the TMT project has been on hold as protesters block access to Mauna Kea. The protest has grown in size and support, especially among Native Hawaiians who see the TMT as a symbol of stolen lands and a violation of indigenous rights.

Ku‘ulei Kanahele is an earth science researcher with the Edith Kanaka‘ole Foundation and daughter-in-law of kumu hula Pualani Kanaka‘ole Kanahele, who was arrested in July, along with other kupuna, or elders, for blocking Mauna Kea Access Road.

The Land Use Commission is responsible for classifying state lands into four districts: conservation, agricultural, rural and urban areas. Petitions for land use district boundary amendments seek a change from an existing designation to a new one.

The Kanahele petition says the research facilities and associated offices, parking lots and utilities atop Mauna Kea are inconsistent with the conservation district. The facilities at the summit have displaced habitat for the rare wekiu bug, generate noise and obstruct scenic areas and open space.

The Kanaheles consider the area a wao akua (realm of the gods), an area that should be free from excessive human activity and development.

“Industrial development at the summit of Mauna Kea desecrates the very nature/essence of my akua, by destroying the open, unobstructed space that is characteristic of conservation districts,” Ku‘ulei Kanahele wrote in a declaration.

Research facilities are generally considered industrial uses under county zoning laws in Hawaii, according to the petition.

The TMT received its conservation district use permit allowing construction through the state Board of Land and Natural Resources, which regulates land uses in the conservation district.

But the BLNR lacks the commission’s authority to reclassify lands from one district to another or to amend district boundaries, the petition notes.

“BLNR’s power to identify and appropriately zone those lands does not extend to permitting non-conservation uses within conservation district and it is this commission’s authority to declare what uses are appropriate in which districts,” the document says.

At the same time, the couple would strongly oppose any boundary amendment to change the summit to an urban district, it says.

The Kanaheles’ attorney, Bianca Isaki, said she is encouraged by the scheduling of the hearing, and it might signal the commission is ready to fully engage on the topic.

“In my experience (the Land Use Commission) takes its duties very seriously, so I think they will pay attention,” said Robert Thomas, a veteran Honolulu land use attorney.

But Thomas said it’s probably the kind of high-profile issue that will end up in the courts and eventually land before the state Supreme Court.

The Land Use Commission hearing will be Oct. 24-25 at the Grand Naniloa Hotel Hilo.

Link to original article: https://www.staradvertiser.com/2019/10/14/hawaii-news/mauna-kea-industrial-uses-challenged-by-protestors/

From Shelley:

This past Saturday, a small group of determined “door knockers” set out to give a heads up to residents on Hakimo Road in Lualualei about a proposed industrial park planned in their neighborhood of small farms and homes.  Of all the 30 or so people we talked to, not a single person had heard about or been notified of these plans to industrialize the valley.

I have to admit, I was nervous going into a rural community knocking on doors, but everyone was really nice.  They were thankful we came by because otherwise they would have never known that an industrial park is being proposed.   Of course it helped being with Aunty Alice Greenwood, who everyone knows, and it felt good to hear people express their gratitude for  her determination to fight.  Those kind words are important to me because I’m always wary to get into other people’s business–knowing that we have their blessing and request to move forward tells me that we’re on the right path!

One thing that really tugged at my heartstrings was meeting more than one family that lost their farm in the Kalama Valley evictions in the 1970s.  These families relocated to Wai`anae and 35 years later are again facing the displacement of their family business and rural lifestyle- -from some of the same developers!

For rural Hakimo Road, the developer’s own numbers cites an additional 522 trucks an hour during peak hours! I don’t even know how that is possible, but that figure comes directly out of their EIS report. The only legal access to the property is rural Hakimo Road. (Though the proposed site is actually on Lualualei Naval Road, this private road requires an agreement with the Navy for regular access.  Our calls to the Navy have confirmed that no such agreement exists!)

If you have ever been on Hakimo Road you will know that 1) there are NO sidewalks, 2) it is narrow and winding, and 3) is already dangerous at the current traffic level, let alone with the addition of over 500 big trucks!  One resident pointed out to us, “Go walk up and down, you’ll see flowers at almost every turn marking all the accidents!”–it was so sad, she was right.  There’s a preschool on this road and many residents are worried about the health and safety of the kamalii (little ones) who go to school there.

Can you imagine if this was going on in your neighborhood?  You can sign here to stand in solidarity with this community!

The first preliminary hearing in the whole purple spot saga was held on May 20th before the Land Use Commission.  The Land Use Commission met to decide whether the Environmental Impact Statement is complete for Tropic Land’s proposal to turn 96 acres of fertile farm land into an industrial park at the back of Lualualei Valley (the industrial park is the purple spot).

All six commissioners present agreed that the EIS is complete, but some of them made clear that based on the public testimony presented they had serious concerns about the proposal itself.

Testimony presented to the Land Use Commission alleged that Tropic Land, LLC  is operating an unauthorized truck baseyard on agricultural land and has illegally mined pohaku from a known ancient Hawaiian cultural site.

“At least 85% of the farmland has been covered with asphalt,” said one eye-witness.

Activities like storage of trucks, and vehicle repair and maintenance are not allowed on land zoned for agricultural use.  Waianae Coast residents said they filed complaints with both the Department of Land and Natural Resources’ Enforcement Branch and the City and County of Honolulu.

Tropic Land, LLC has been cited on at least three other occasions for engaging in activities on the Lualualei property that were not consistent with its agricultural classification.

Pictures also documented the mining of stones on preservation land adjoining the Tropic Land parcel.  Cultural surveys conducted on the parcel in the 1990’s confirm that this stones comprised a substantial, culturally significant platform.

A Nanakuli resident testified that ¾ of the substantial stone platform had been removed and some of the stones were used to make a sacred place to reinter Hawaiian burials exhumed by Wal-Mart on Keaaumoku Street.  Tropic Land, LLC did not have authorization from the State Historic Preservation Division to remove stones from this site.

Tropic Land, LLC was before the Land Use Commission to change the classification of their Lualualei Valley property from agricultural to urban, in order to allow them to construct an industrial park on the property.

The Land Use Commission accepted Tropic Land, LLC’s final environmental impact statement for the industrial park proposal, but not before voicing concerns about the testimony presented by the public.

Holding up a picture of trucks parked behind a fence on the Tropic Land parcel, Commissioner Contrades  asked Tropic Land’s attorney William Yuen, “is this correct?”  Mr. Yuen said he had not seen the photograph, but that the property is not paved and trucks are not being stored on the property at this time.

Commissioner Wong asked Yuen a series of questions to clarify that acceptance of the EIS did not in anyway demonstrate support for or ensure approval of the project.

Commissioner Teves requested that the Commission perform a site visit to “see the so-called commercial use of the property in its present form, to see if it is true or not.”

What does this mean for the future of the purple spot?

It means that the formal one-year process to decide whether to rezone this part of Lualualei Valley from ag to urban has started.  The hearing on the actual rezoning decision will be held on September 9, 2010 at 9:30 before the Land Use Commission.

It also means that the developer will have a very hard time arguing that this industrial park proposal is consistent with Waianae’s Community Sustainability Plan, since the current has no purple spot allowing for industrialization of this area… and the amended one with the purple spot has not been adopted by the Honolulu City Council.  In fact, staff at the city said they don’t expect the Waianae Community Sustainability Plan to come before the Council the Fall of 2010.