...AND THE UGLY

...AND THE UGLY: There’s good news and bad news on the Lepeuli- aka Larsen’s Beach- front.

The good news is that the appeal of the Bruce Laymon’s CDUA permit- filed by Sierra Club- along with the Native Hawaiian Legal Corporation (HLC) and the Surfrider Foundation and supported by the Office of Hawaiian Affairs has been granted.

The bad news is that it will be heard in Honolulu on the May 13th meeting of the Board of Land and Natural Resources (BLNR).

According to Hope Kallai of Malama Moloa`a (MM) Laymon has clearcut the beach and shredded coral and apparently no agency seems to care. And there’s still no usable access while the various “stakeholder” parties wrangle over whether or not to honor the traditional Alaloa or make believe it never existed with the later seemingly being the one thing they all agree upon.

For those who are uninitiated in the debacle, follow the links above for our past posts.

Apparently the best Kaua`i people who can’t afford airfare can do is to write to various people and agencies.

Here’s a primer in preparing testimony from MM.

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Lepeuli CDUA appeal will be discussed at the BLNR meeting May 13 in Honolulu

According to (Tiger) Kimberly K. Tiger Mills, Staff Planner for the State of Hawaii Department of Land & Natural Resources (DLNR) Office of Conservation and Coastal Lands (OCCL), the appeal of the approval of the Paradise Ranch Conservation District Use Application to convert shorefront coastal scrub into commercial cattle pasture will be considered by the Board of Land and Natural Resources (BLNR) on THURSDAY, May 13, 2010. Meetings begin at 9 am at the
Kalanimoku Building1151 Punchbowl St.Honolulu , HI 96813www.hawaii.gov/dlnr/occl
dlnr@hawaii.gov

The agenda is not available yet, but Lepeuli as an agenda item has been confirmed. Book flights now!

The BLNR meeting agenda for May 13th will appear on our website one week prior on May 6th: http://hawaii.gov/dlnr/chair/meeting

· There are many reasons for considering the appeal of this CDUA. There has been seriously inadequate community involvement. Repeated requests from the public as well as 3 requests from Senator Gary Hooser (even offering to fund the DLNR trip to Kauai for the meeting) have been refused.

-There are inadequate agency comments. Three federally listed species will potentially be negatively impacted by this project, yet there is no Habitat Conservation Plan (as required under HRS 195D-21) for these species. Federal funds are being used for pasture conversion of a native habitat with potential impacts to endangered species.

-There must be a current shoreline certification. There has not been a state survey since 1978. Project applicant states “property boundary is makai of shoreline.” He manages the coral cobble and sand with a BrushHog. This is PUBLIC LAND in the Conservation District. Applicant has removed the debris line with machinery.

-Ancient Alaloa has NEVER been closed off. It is a significant trail with important cultural and PASH access needs. It has been in continual use for many hundreds of years. All ancient roads and trails are state land. The cultural comments of segment of the Alaloa (Arch siste 1034) managed by the Na Ala Hele trail system document the importance of this trail system and the antiquity of it. The Lepeuli must be recognized as an Archaeological Site and offered state protection.

-There must be a Cultural Impact Assessment of the ahupua`a of Lepeuli before any more mechanized manipulation of cultural sites present.

DLNR never contacted any harvesters or user groups of the most important limu kohu resources in Hawaii .

-Agriculture (cattle operations) will not benefit the reef. This statement is ridiculous.

-There has never been an estimate at the usage and visitation of the Alaloa or the County Right-Of-Way. The user groups must be defined and consulted before any new trail is designed. Traditional gathers must be consulted about trail access.

-Any new trail configuration must be designed to PASH and ADA Standards. The Ancient Alaloa falls under Historic Trail standards; the County Right of Way must adhere to ADA Trail standards.

-Impact to protected species of Alaloa closure (and subsequent increase in beach travel) has not been considered.

-Native plant communities and indigenous wildlife are protected under HRS 195.

-Beach access is protected by Hawaii state laws including the right of safe transit along the shorelines. HRS 115-5 offers the public a 6’ transit corridor in areas where there are rocky shorelines or cliffs. Blocking any public access with fences or gates to the shoreline is a misdemeanor and punishable by fines.

Letters can be written to the Board of Land and Natural Resources (BLNR) at

Adaline Cummings, SecretaryBoard of Land & Natural Resources1151 Punchbowl Street, Suite 130Honolulu, Hawaii 96813Phone: 808-587-0404Fax: 808-587-0390
adaline.f.cummings@hawaii.gov

Comments should also be sent to Tiger Mills of the Office of Conservation and Coastal Lands

Kimberly K. (Tiger) Mills, Staff PlannerState of HawaiiDepartment of Land & Natural ResourcesOffice of Conservation and Coastal LandsP.O. Box 621Honolulu, Hawaii 96809
kimberly.mills@hawaii.gov

Request a current Shoreline Certification from the State Land Survey Division

Reid K. Siarot, State Land Surveyor
Department of Accounting & General Services
Land Survey Division
1151 Punchbowl St., Rm 210
Honolulu Hawaii 96813
(808) 586-0390
(808) 586-0383 fax
reid.k.siarot@hawaii.gov

and

Christopher L. Conger, Shoreline Specialist
University of Hawaii Sea Grant College Program
Department of Land and Natural Resources
1151 Punchbowl St., Rm 131
Honolulu Hawaii 96813
(808) 587-0049 work
(808) 520-4892 work cell
(808) 587-0322 fax
Chris.L.Conger@hawaii.gov

Request a Cultural Impact Assessment (CIA) and Archaeological Inventory/Assessment from

Puaalaokalani Aiu, Administrator
State Historic Preservation Division
Kakuhihewa Building,
601 Kamokila Blvd., Suite 555,
Kapolei, Hawai`i , 96707Ph: (808) 692-8015Fax: (808) 692-8020
Pua.Aiu@hawaii.gov
nancy.a.mcmahon@hawaii.gov

And

Clyde Namu`o
OHA
711 Kapi'olani Blvd., Ste. 500
Honolulu, HI 96813
Phone: (808) 594-1835
Fax: (808) 594-1865
clydenamuo@oha.org

OHA Washington, D.C., Bureau50 F St. NW, Ste. 3300Washington, D.C. 20001 Ph: (202) 454-0920 Fax: (202) 789-1758 timjohnson@ohadc.org

OHA Kaua'i & Ni'ihau2970 Kele Street, Ste. 113Lihu'e, HI 96766Phone: (808) 241-3390Fax: (808) 241-3508 kalikos@oha.org
kaim@oha.org


Comments should also be sent to the county at
mayor@kauai.gov;openspace@kauai.gov; councilmembers@kauai.gov; CouncilTestimony@kauai.gov; csimao@kauai.gov;
State emails:
dlnr@hawaii.gov; adaline.f.cummings@hawaii.gov; kimberly.mills@hawaii.gov; reid.k.siarot@hawaii.gov; Chris.L.Conger@hawaii.gov; Pua.Aiu@hawaii.gov;
nancy.a.mcmahon@hawaii.gov; clydenamuo@oha.org; timjohnson@ohadc.org; kalikos@oha.org
kaim@oha.org