Mark Lindsey Franklin
PO Box 278, Pahoa, Hi 96778

Dear Planning Department,
It has been brought to my attention that a Notice of Hearing regarding Special Management Area Use Permit Application (PL-SMA-2024-000063 regarding the subject property identified as TMK (3) 11-2-018:001, will be open for public input beginning at 11:00am on Thursday, October 3, 2024.

I will be submitting this letter describing in bullet points the many reasons why this application should be denied completely. There will be a list of important issues that I will describe to the Planning Department in detail, and I would like each subject reviewed.
Here I will list the subject topics of each important detail that I find relevant to this review. I will be happy to assist in fact finding any subject of this report.

Archaeology Findings
Kalaeahiamoe The Cape of the Red Rooster
Court Case: Gaddis& Lui Kwan vs Amfac- Kau. Kawa beach access. This precedent case determines legal access from Mauka to Makai at historical sites on ancient footpaths.
Hawaiian Canoe Landing This is a known location for Hawaiian Canoe landing.@ see Tommy Holmes; The Hawaiian Canoe. Helped launch and land 3-man fiberglass canoe at pebble beach with owner/ builder South African Mark and Gerry Kuahiwinui Grant. 1989. Witnessed 2 Tahitian stand up paddlers paddled from Kehena Beach and exit 1 hour later at Kalaeahiamoe pebble landing. Summer 2024.Used ala hele path to hwy 137.

Kalaeahiamoe Surfing site 

Witnessed 2 surfers and then 1 surfer June/July 2024. Access through said property, ancient footpath (ala hele) from hwy 137 down to pebble beach. Divers exit the ocean at this location.

Kalaeahiamoe Heiau

 Located 1/8 mile west of said property. Found on Ahia Rd. Locate by using google map. Remnants of temple and beach stone footpath (ala hele) lead directly east to cemetery and said property.

Kalaeahiamoe Kuula Stone

 I believe this stone fishing shrine was bulldozed by its new owner. Its whereabouts is unknown
Kaipoelelu Cemetery This ancient burial site is a state regulated cemetery. Used by Native Hawaiian families to this day. Directly across hwy 137 from said property. I believe that it makes sense that the heiau, ala hele pohaku, cemetery, and milo grove leading to canoe landing are part of a set of a collective Hawaiian archaeological complex.

Ala Hele Pohaku Running westerly and mauka.

 Remnants of the footpath are found throughout coastal Puna. Parts exist near heiau to cemetery.

Puna Coastal Trail 

This portion of the beach stone footpath that encircles the island coastline. Machinery recently damaged the top Eastern corner of the footpath. Milo trees were cut in a manner that blocked the footpath leading to canoe landing. Trail used daily by fisherman and gatherers.

Geology

 This land parcel is divided by two distinct lava flows. The eastern elevated portion is part of the 1898 Makena A’A flow. The lower southern portion is the remnants. of an older lava crater approximately 1.5 -2 acres circular in shape. Distinct features include Ancestral Milo grove (Thespia populnea) approximately 1.5-2 acres. Former black sand beach now a pebble stone beaches still used today as a Hawaiian cultural canoe landing. Remnants of burial sites before the construction and opening of Kaipoelelu Cemetery.

Botanical
The rare, endangered and federally protected endemic grass (Ishemon baronii) is found along the top eastern portion of said property.
The plateau and Pali coastal native plant system is approximately 4 k long, running from Kaimu village to Kehena Beach. Important endemic species are Akia, Uulei, kookoolau, ilima, Pukiawe, ohia, amau, etc. A portion of the eastern part of said property that includes this coastal plant zone was bulldozed and protected plants were destroyed.

The highlight of this property by far in my native Hawaiian eyes, was its ancestral fully intact Milo Forest (Thespia populnea). Diameters of 16-30 inches were not uncommon at this site. Tom Piko, native master carver estimates this groves age to be over200 years old. This entire grove was unceremoniously chain sawed to the ground and pushed by machinery into 4-8 massive piles of crushed logs, limbs roots and canopy.
Good Stewardship of special sites (Wahi Pana) are essential when ownership is to take place. The entire destruction of this forest site within the State Coastal zone Management area points fault at the Real Estate broker, equipment operator, arborist, as well as the new owners.
This destruction is a blow to the entire Island community as the largest intact natural Milo Forest in East Hawaii Island was destroyed maliciously. The civil Beat is aware of this folly and are planning on a future article bringing this damage of a rare natural site to the attention of the entire state and nation.

Poor stewardship by the owners tells me that despite the $250,000.00 state fine, they have nothing to stop them (now that the forest no longer exists) from doing a money grab, while 3-5 generations will have to wait for the regrowth of this forest.

State Laws Land developers will continue to violate DLNR laws and regulations when profits can pay for state fines and more. An example must be made to discourage these type actions.

The donation and legal release of the entire said property by new owners is not unreasonable for their willful destruction of sacred space. A nonprofit such as Malama o Puna could lead stewardship. At the very least set more fines for damaging the ancient Puna Coastal trail and destruction of the endemic plant species. One single home on upper Eastern property area is the most to be allowed is fair. The idea of a forced 50-year stewardship demand of the new owners to regrow and the recovery of historical, cultural, and botanical losses is innovative. A State-run agency or a nonprofit agency should design and oversee the restoration work.

Coastal Zone Management 

 The rules are set to protect sites, but speculators pay the fine and it’s like a slap on the wrist.
Community Impact Hawaii is small. Sites like this are unique. So, it’s been damaged for how many generations? 150-300 years.
Hawaiian Gathering Rights Legal and open ala hele are mandatory at sites like this to ensure rights of citizens.

Hawaiian Burial Council
I was told by a now deceased member of the Waipa family where the burial site is located around 1993. Most of this area was run over by machinery. The sons are still living on Hawaii Island.

Ethics and Good Stewardship

 The new owner told at least 5 neighbors face to face that he was conscious of the protected forest. He lied to the community. We can’t trust someone willing to destroy a Wahi Pana for profit.

Now, I will give you a brief introduction of who I am regarding this land application and why it is of importance
Mark Lindsey Franklin, of Native Hawaiian and mostly Scottish/English and German ancestry. Recently retired from the County of Hawaii Fire Department Ocean safety department totaling 3 decades of full and part time work. I have a B. S. in Horticulture from Charter Oak College, Connecticut. I specialize in Hawaiian Botanical, and archaeological research.
I have been a resident of Kaimu Village for twenty years before I lived in the Kikala Keokea mauka area of Kalapana beginning in 1982. I’m a Hilo High School graduate in 1978 and grew up in Volcano Village on my family’s 10-acre dairy farm and my grandmother’s home in the Keaukaha area.. I was born in Honolulu.
The Lindsey family is tied to the Pe’a, Waipa, and Ahia families of Kalapana, and at least 4 properties belong to relatives within ¼ mile of this property.