A GORY BUSINESS: While some might say it's practically oxymoronic we've been been on a quest lately with a holy grail of being nicer and kinder to others.
But yesterday's letter to the editor from that slime ball masquerading as a human being, Ron Agor, was so insulting that all bets are off today.
Agor's defense of apparently-fired Kauai District Archaeologist and SHPD Deputy Director Nancy McMahon on the heels of an onslaught of Kanaka Maoli activists who successfully testified against her appointment to the county's Historic Preservation Commission, was to call the Native Hawaiians "savages" in practically every other paragraph.
Real sensitive to the host culture, Ron- especially from a member of the state Board of Land and Natural Resources. What, heathen and pagan weren't strong enough?
But his screed defending McMahon seems kind of appropriate for these two-peas-in-a-pod, since for the past few years every time some kind of outrageous treatment of`iwi kupuna (bones) burials occurred, the names Agor and McMahon seemed to come up every time.
Agor's rant begins by praising McMahon for her actions as state archeologist in trying to:
compromise with private property owners where the burials are respected and the private property owners have reasonable use of their properties.
Nancy McMahon during her tenure as the qualified state’s archaeologist always did her job in making sure the above mentioned compromise came to fruition on every project subjected to this process.
And compromise the `iwi she did.
In actuality McMahon's cavalier attitude has led to blatant abuse of her position to favor developers, ignoring the wishes of the Kaua`i Burial Council to the point where, during the court battle over the Brescia property cemetery debacle, she was singled out for blame in the fiasco by 5th Circuit Court judge Kathleen Watenabe for, among other things, ordering the `iwi be permanently encased in concrete.
That's what made this statement from Agor all the more removed from reality
It is interesting to know that recently the courts have recognized the practices and procedures of DLNR as reasonable and have often rendered decisions in favor of private property owners when they followed their permit conditions imposed by the State.
Here's what a letter from a group called Kānaka Maoli Scholars Against Desecration- signed by a list of notable scholars as long as your arm- said about McMahon's actions in the Brescia case
The SHPD’s own rules empower the island Burial Council to determine the disposition of previously known burials. The island Burial Council’s decision on this issue is supposed to be binding. Yet, SHPD deputy administrator Nancy McMahon sanctioned the use of vertical buffers and concrete caps on the burials to make way for installing the footings of Brescia’s house. Her authorization for such an intrusive "preservation" measure is a fundamental repudiation of the power allocated to all of the island Burial Councils.
By ignoring the decision of the island Burial Council, her actions undermine both the very concept of historic preservation and the reason for the founding of the island Burial Councils. Tragically, before a court could intervene, and based on McMahon’s unauthorized agreements, Brescia’s team managed to install massive house foundations on a portion of the cemetery.
In another incident almost exactly a year ago on May 12, 2010 the headline of a PNN news story pretty much summed up what happened in saying:
Three Burials Unearthed By Cows At Lepeuli Unceremoniously Reburied By SHPD's McMahon Without Burial Council Notification.
You might want to read the article and followups- it's actually even worse than that with McMahon attempting to cover up the discovery of a Hawaiian house site by another local archeologist.
So how did McMahon get away with this stuff for so long- stuff including many unproven accusations from burial protectors of taking home `iwi and even stealing artifacts from sites and offering them for sale?
Well. many times it was Agor's position on the all powerful BLNR that made it possible.
Agor has been a Republican Party mainstay for many years and so when Republican Governor Linda Lingle took over she appointed him as the lone Kaua`i representative.
Now you'd think that with all the other BLNR members one single rep wouldn't be able to insure things go the way he wants. But the "tradition" on the board is to defer to the single neighbor island reps on matters on their island.
For instance when Lepeuli rancher Bruce Lymon tried to lie his way into a conservation district use permit (CDUP) it was Agor who convinced the board to grant it without examining the facts- a decision that was reversed later after the Native Hawaiian Legal Corporation, OHA and others set the record straight and the permit was rescinded.
As for Agor his tenure has been marked by deceit and misrepresentation to members of the community, often telling people he would assure the BLNR would vote a certain way only to do exactly the opposite according to the minutes of the meeting, as he did with the Koke`e leaseholders and other cases during his tenure.
One thing became clear to us today in reviewing our coverage of the Agor and McMahon- they deserve each other. Their actions go way beyond the usual racism and promotion of monied American interests to, not just being active participants in the continuing genocide of na kanaka, but being leaders in the theft of the land and culture.
And there's nothing nice or kind about that.
We now return you to the "trying very hard not to be mean anymore" Parx.
Showing posts with label BLNR. Show all posts
Showing posts with label BLNR. Show all posts
Monday, May 16, 2011
Thursday, January 20, 2011
CIRCLE GAMED
CIRCLE GAMED: It seemed too good to be true when those who have been fighting to keep the alaloa at Lepe`uli (Larson’s) Beach informed us that, through his attorney Lorna Nishimitsu, Bruce Laymon said he was surrendering his Conservation District Use Permit (CDUP) and apparently would not be fencing off the ancient trail, denying easy access to the shoreline.
But there it was in black and white. And when the Board of Land and Natural Resources (BLNR) made it official at its meeting in Honolulu a week ago the activists couldn’t believe all their hard work had paid off.
But guess what- as if you haven’t already?
Yesterday the calls and emails started flowing in saying that Laymon had begun clearing and fencing off the alaloa anyway.
According to a email from Hope Kallai of Malama Moloa`a, Laymon is “actively preparing to fence in the area of the alaloa.”
Laymon has already “brushhogged dunes 2 weeks ago (before the surrender)” according to Kallai and she cites an informed source who spoke to Laymon who told her Laymon is “planning to remove all the ironwoods and plant grass.”
Kallai also says that the harassment has begun again and that “(p)ig hunters were shooting this weekend towards the beach. Beach goers were discussing caliber size not wave height.”
And while Kallai could not be reached for further clarification today, others who phoned told us that the fencing work has actually begun.
But how could that be?
Kallai says that “(t)he ‘victory’ was all smoke” and that apparently Nishimitsu is claiming that the conservation district ends makai of the alaloa.
In her letter to the BLNR surrendering the CDUP Nishimitsu cryptically wrote:
Paradise Ranch has been waiting far too long to fence the makai section of its leased lands to expand its pasture area and needs to attend to confining its livestock while providing it the best forage possible.
The contested case before the BLNR was going to rest in small part on past contentions from Nishimitsu and Laymon about the actual location of the alaloa that have since been shown to be false. But thus far there had never been a contention that the alaloa did not rest in the conservation district and, rather, was in the state Agricultural District.
But while how the BLNR will react and how the determination of the conservation district boundary will be made isn’t yet clear, there is another, more local apparent violation- that of the “over the counter” or “minor” Shoreline Management Area (SMA) Permit Laymon has to do the clearing and fencing.
The SMA is a federal provision under the Coastal Zone Management (CZM) Act that is administered by the county under state law. And any work done in the SMA- which many times exceeds the reach of the state conservation district as it apparently does in this case- no matter how minor, must have an SMA permit.
A “minor” SMA permit is different from a regular SMA in that it is not determined by the planning commission which would call for staff reports and public hearings but is issued “over the counter” based on representations to department staff. And the main determining factor for whether a “minor” SMA can be issued is the cost of the work to be done in the SMA area.
And that cost, last we checked, is $125 or less.
Of course there’s no way in hell the cost of the clearing and fencing operations are that low but a complaint must be filed and the department staff must ascertain the truth of the matter.
While it should be pointed out that we haven’t been able to actually see the operation and haven’t been able to independently verify what is going on at Lepe`uli with Laymon or Nishimitsu, multiple sources apparently confirm each others’ stories.
But there it was in black and white. And when the Board of Land and Natural Resources (BLNR) made it official at its meeting in Honolulu a week ago the activists couldn’t believe all their hard work had paid off.
But guess what- as if you haven’t already?
Yesterday the calls and emails started flowing in saying that Laymon had begun clearing and fencing off the alaloa anyway.
According to a email from Hope Kallai of Malama Moloa`a, Laymon is “actively preparing to fence in the area of the alaloa.”
Laymon has already “brushhogged dunes 2 weeks ago (before the surrender)” according to Kallai and she cites an informed source who spoke to Laymon who told her Laymon is “planning to remove all the ironwoods and plant grass.”
Kallai also says that the harassment has begun again and that “(p)ig hunters were shooting this weekend towards the beach. Beach goers were discussing caliber size not wave height.”
And while Kallai could not be reached for further clarification today, others who phoned told us that the fencing work has actually begun.
But how could that be?
Kallai says that “(t)he ‘victory’ was all smoke” and that apparently Nishimitsu is claiming that the conservation district ends makai of the alaloa.
In her letter to the BLNR surrendering the CDUP Nishimitsu cryptically wrote:
Paradise Ranch has been waiting far too long to fence the makai section of its leased lands to expand its pasture area and needs to attend to confining its livestock while providing it the best forage possible.
The contested case before the BLNR was going to rest in small part on past contentions from Nishimitsu and Laymon about the actual location of the alaloa that have since been shown to be false. But thus far there had never been a contention that the alaloa did not rest in the conservation district and, rather, was in the state Agricultural District.
But while how the BLNR will react and how the determination of the conservation district boundary will be made isn’t yet clear, there is another, more local apparent violation- that of the “over the counter” or “minor” Shoreline Management Area (SMA) Permit Laymon has to do the clearing and fencing.
The SMA is a federal provision under the Coastal Zone Management (CZM) Act that is administered by the county under state law. And any work done in the SMA- which many times exceeds the reach of the state conservation district as it apparently does in this case- no matter how minor, must have an SMA permit.
A “minor” SMA permit is different from a regular SMA in that it is not determined by the planning commission which would call for staff reports and public hearings but is issued “over the counter” based on representations to department staff. And the main determining factor for whether a “minor” SMA can be issued is the cost of the work to be done in the SMA area.
And that cost, last we checked, is $125 or less.
Of course there’s no way in hell the cost of the clearing and fencing operations are that low but a complaint must be filed and the department staff must ascertain the truth of the matter.
While it should be pointed out that we haven’t been able to actually see the operation and haven’t been able to independently verify what is going on at Lepe`uli with Laymon or Nishimitsu, multiple sources apparently confirm each others’ stories.
Wednesday, January 12, 2011
WILL IT GO ROUND IN CIRCLES?
WILL IT GO ROUND IN CIRCLES?: We know better than to get too get delusional when the prospects for a governmental action exceeds expectations.
And after eight years of getting up every day wondering what kind of f**ked-up s**t ex-Governor Linda Lingle (boy it feels good to write that) has cooked up today we have to be careful not to engage in too much relativism.
But even before tomorrow’s first meeting of the Board of Land and Natural Resources (BLNR) under new Chair Bill Aila takes place his appointment has already bourn fruit with the news that the infamous rage-a-holic Bruce Laymon has given up his efforts to fence off the alaloa at Lepe`uli (Larsen’s) Beach.
Copies of a letter (thanks to Joan Conrow and Roger Jacobs for the document postings) from Laymon’s attorney, Lorna Nishimitsu, to the BLNR’s staff surrendering his Conservation District Use Permit (CDUP) came flying into our inbox Monday from many who had fought to stop Laymon from harassing beach goers and violating kanaka rights.
It comes on the heels of a new staff report recommending a contested case hearing be granted after the original report was found to be a bunch of bogus bullbleep that simply ignored the testimony of many in the community and rammed through the permit based on Laymon’s misrepresentations.
The problem is that now comes the hard work for Aila, mostly because he’s stuck with most of Lingle’s appointees like the Kaua`i BLNR “representative” Ron Agor whose two-faced actions led to the permit being issued in the first place.
While Agor was telling opponents of the permit that he would fight it, records showed that his support for Laymon was the deciding factor in convincing the board to approve it since many times the board relies on neighbor island reps in deciding issues on their islands.
Aila- and Kaua`i- is stuck with Agor for another year and a half since his four-year term doesn’t end until June 30, 2012- unless he can somehow be forced or persuaded to resign.
In addition to the issue of prescriptive and PASH rights to access to the alaloa- an historic trail that runs around the island near the shore which Laymon’s permit allowed him to fence off in the area- one of the issues has been Laymon himself and his campaign to “clean up” the area.
Although the “cleaning” was said by Laymon and his handful of supporters to relate to trash that’s been left in the area it’s been clear that the real cleansing Laymon desired was that of haoles from the area with a plethora of notorious episodes of harassment of tourists and local Caucasians reported over the last few years in which Laymon insisted on characterizing them all as “hippie campers.”
Laymon was even accused of vandalizing his own equipment and blaming “campers” to gain public sympathy although no one was able to prove who did it one way or the other.
Another winner in all this, aside from the people of Kaua`i, appears to be the owner and leaser of the land, the Waioli Corporation, whose non-profit, do-good, historical-preservation mission has been tainted in all this and will now be able allow the episode to fade into memory.
As we said, we’re not ready to declare a new era for the Department of Land and Natural Recourses and it’s Board. But it is nice when the good guys win every once in a while.
For more information on some of the incidents see our past coverage and Joan Conrow’s Tuesday report and recap.
And after eight years of getting up every day wondering what kind of f**ked-up s**t ex-Governor Linda Lingle (boy it feels good to write that) has cooked up today we have to be careful not to engage in too much relativism.
But even before tomorrow’s first meeting of the Board of Land and Natural Resources (BLNR) under new Chair Bill Aila takes place his appointment has already bourn fruit with the news that the infamous rage-a-holic Bruce Laymon has given up his efforts to fence off the alaloa at Lepe`uli (Larsen’s) Beach.
Copies of a letter (thanks to Joan Conrow and Roger Jacobs for the document postings) from Laymon’s attorney, Lorna Nishimitsu, to the BLNR’s staff surrendering his Conservation District Use Permit (CDUP) came flying into our inbox Monday from many who had fought to stop Laymon from harassing beach goers and violating kanaka rights.
It comes on the heels of a new staff report recommending a contested case hearing be granted after the original report was found to be a bunch of bogus bullbleep that simply ignored the testimony of many in the community and rammed through the permit based on Laymon’s misrepresentations.
The problem is that now comes the hard work for Aila, mostly because he’s stuck with most of Lingle’s appointees like the Kaua`i BLNR “representative” Ron Agor whose two-faced actions led to the permit being issued in the first place.
While Agor was telling opponents of the permit that he would fight it, records showed that his support for Laymon was the deciding factor in convincing the board to approve it since many times the board relies on neighbor island reps in deciding issues on their islands.
Aila- and Kaua`i- is stuck with Agor for another year and a half since his four-year term doesn’t end until June 30, 2012- unless he can somehow be forced or persuaded to resign.
In addition to the issue of prescriptive and PASH rights to access to the alaloa- an historic trail that runs around the island near the shore which Laymon’s permit allowed him to fence off in the area- one of the issues has been Laymon himself and his campaign to “clean up” the area.
Although the “cleaning” was said by Laymon and his handful of supporters to relate to trash that’s been left in the area it’s been clear that the real cleansing Laymon desired was that of haoles from the area with a plethora of notorious episodes of harassment of tourists and local Caucasians reported over the last few years in which Laymon insisted on characterizing them all as “hippie campers.”
Laymon was even accused of vandalizing his own equipment and blaming “campers” to gain public sympathy although no one was able to prove who did it one way or the other.
Another winner in all this, aside from the people of Kaua`i, appears to be the owner and leaser of the land, the Waioli Corporation, whose non-profit, do-good, historical-preservation mission has been tainted in all this and will now be able allow the episode to fade into memory.
As we said, we’re not ready to declare a new era for the Department of Land and Natural Recourses and it’s Board. But it is nice when the good guys win every once in a while.
For more information on some of the incidents see our past coverage and Joan Conrow’s Tuesday report and recap.
Thursday, January 6, 2011
AND THE WALLS CAME TUMBLIN’ DOWN
AND THE WALLS CAME TUMBLIN’ DOWN: It was a good news/really bad news moment when the Honolulu-based, on-line news venture Civil Beat launched a while back.
Many were excited over the prospect of whatever each envisioned was needed until we learned that it was going to be, in the words of Disappeared News’ Larry Geller, a “gated community” and would cost $240 a year to enter.
Worse yet, for Kaua`i at least, it meant losing ace reporter Big Mike Levine who moved on to become one of their “reporter-hosts”.
But we heard from Mike yesterday that there are going to be “some changes to civilbeat.com” and that “(e)verything we've been working on is now free for occasional readers.”
No telling what “occasional readers” means but we were able to read stories yesterday and again today.
We wonder what those who paid for a year are thinking... probably much the same thing we did when we got to Woodstock after having paid 18, 1969 dollars for tickets and found the fences on the ground.
Many have wondered how they were doing, especially since they’ve been tight-lipped about how many subscribers they have. And things might have gone from bad to worse recently with the blow back against CEO, Publisher and Co-founder Pierre Omidyar’s other venture, “Pay Pals,” after they banned Wikileaks from using the service- causing at least one notable cancelled subscription.
But really the prime subject of Mike’s letter was to point us to an article by one of his fellow “host-reporters” Adrienne LaFrance headlined “Obama's Winter White House an Illegal Rental”
According to her story:
Obama did not break the law by staying at the house, but the property owner who rented his house to the Obamas does not have the permit that would allow a stay of fewer than 30 days.
Although the owner claims he got around the law by leaving a 30-day window between rentals, the
explanation is one that's commonly offered, but that still represents an illegal renting practice...
"Maybe it's that the people are circumventing the law or thinking, 'Oh, I'll only rent it to one person in a (30-day) period," said Andrew Malahoff, a spokesman for Honolulu City Council member Ikaika Anderson, who chairs the city's Zoning Committee. "They say, 'Even though they're only going to stay there for seven days, I'll charge them for (30) days, and prorate that.' But as far as we know, that is also not legal. You will not rent for a period of less than 30 days. That's what's in the land-use ordinance. It's not just about multiple rental parties, it's the period of days."
It’s hard to see how, if the owner just rented it out for 30 days and the vacationer decided to stay there for only two weeks it could be illegal. But then again we’re not really familiar with all of the planning and zoning laws in Honolulu.
But one thing we are familiar with that LaFrance is apparently unaware of- something that occurred to us years ago when we first heard of the President’s beach house rental- is the fact that the Department of Land and Natural Resources’ (DLNR) Division of Conservation and Resource Enforcement (DOCARE) has cracked down on vacation rentals in the state conservation district (CD) sending “cease and desist” letters to those operation in Wainiha on the North Shore of Kaua`i and in Kane`ohe on O`ahu- not far from the president’s rental.
According to an April 2007 article in the local Kaua`i newspaper
The state Department of Land and Natural Resources has issued notices to 16 property owners in Ha‘ena to halt alleged unauthorized use of multi-million-dollar homes as vacation rentals.
Most of the 16 homes are on makai, or on the ocean side, of Kuhio Highway, from the YMCA’s Camp Naue to Limahuli Stream. Most are clustered around Makua Beach, also known as Tunnels.
A condition in the state Conservation District Use Application, which a property owner secures before building in the state’s conservation area, stipulates a single-family home cannot be used for rental or any other commercial purposes, Peter Young, chairman of the Board of Land and Natural Resources, said in a March 23 letter to alleged violators.
In one case, the cease-and-desist order could force the owner to sell a property worth millions, and may be the scenario facing other supposed violators as well, said Gary Stice, a Kaneohe, O`ahu resident who received one of the letters.
At the time of the letters many of the operators shut down their rentals but according to at least one anti-vacation rental activist many have reopened and DOCARE has apparently dropped the ball.
It also brings up the question of whether the house has a Shoreline Management Area (SMA) permit- which generally include use descriptions- for a vacation rental. But that would also be a City and County of Honolulu issue.
So far the report hasn’t gotten any press either statewide or nationally. But whenever the president is involved, stories including the word “illegal” tend to grow virally.
And the vacation rental issue could certainly use a little viral publicity considering the disease they cause in otherwise quiet residential neighborhoods.
Many were excited over the prospect of whatever each envisioned was needed until we learned that it was going to be, in the words of Disappeared News’ Larry Geller, a “gated community” and would cost $240 a year to enter.
Worse yet, for Kaua`i at least, it meant losing ace reporter Big Mike Levine who moved on to become one of their “reporter-hosts”.
But we heard from Mike yesterday that there are going to be “some changes to civilbeat.com” and that “(e)verything we've been working on is now free for occasional readers.”
No telling what “occasional readers” means but we were able to read stories yesterday and again today.
We wonder what those who paid for a year are thinking... probably much the same thing we did when we got to Woodstock after having paid 18, 1969 dollars for tickets and found the fences on the ground.
Many have wondered how they were doing, especially since they’ve been tight-lipped about how many subscribers they have. And things might have gone from bad to worse recently with the blow back against CEO, Publisher and Co-founder Pierre Omidyar’s other venture, “Pay Pals,” after they banned Wikileaks from using the service- causing at least one notable cancelled subscription.
But really the prime subject of Mike’s letter was to point us to an article by one of his fellow “host-reporters” Adrienne LaFrance headlined “Obama's Winter White House an Illegal Rental”
According to her story:
Obama did not break the law by staying at the house, but the property owner who rented his house to the Obamas does not have the permit that would allow a stay of fewer than 30 days.
Although the owner claims he got around the law by leaving a 30-day window between rentals, the
explanation is one that's commonly offered, but that still represents an illegal renting practice...
"Maybe it's that the people are circumventing the law or thinking, 'Oh, I'll only rent it to one person in a (30-day) period," said Andrew Malahoff, a spokesman for Honolulu City Council member Ikaika Anderson, who chairs the city's Zoning Committee. "They say, 'Even though they're only going to stay there for seven days, I'll charge them for (30) days, and prorate that.' But as far as we know, that is also not legal. You will not rent for a period of less than 30 days. That's what's in the land-use ordinance. It's not just about multiple rental parties, it's the period of days."
It’s hard to see how, if the owner just rented it out for 30 days and the vacationer decided to stay there for only two weeks it could be illegal. But then again we’re not really familiar with all of the planning and zoning laws in Honolulu.
But one thing we are familiar with that LaFrance is apparently unaware of- something that occurred to us years ago when we first heard of the President’s beach house rental- is the fact that the Department of Land and Natural Resources’ (DLNR) Division of Conservation and Resource Enforcement (DOCARE) has cracked down on vacation rentals in the state conservation district (CD) sending “cease and desist” letters to those operation in Wainiha on the North Shore of Kaua`i and in Kane`ohe on O`ahu- not far from the president’s rental.
According to an April 2007 article in the local Kaua`i newspaper
The state Department of Land and Natural Resources has issued notices to 16 property owners in Ha‘ena to halt alleged unauthorized use of multi-million-dollar homes as vacation rentals.
Most of the 16 homes are on makai, or on the ocean side, of Kuhio Highway, from the YMCA’s Camp Naue to Limahuli Stream. Most are clustered around Makua Beach, also known as Tunnels.
A condition in the state Conservation District Use Application, which a property owner secures before building in the state’s conservation area, stipulates a single-family home cannot be used for rental or any other commercial purposes, Peter Young, chairman of the Board of Land and Natural Resources, said in a March 23 letter to alleged violators.
In one case, the cease-and-desist order could force the owner to sell a property worth millions, and may be the scenario facing other supposed violators as well, said Gary Stice, a Kaneohe, O`ahu resident who received one of the letters.
At the time of the letters many of the operators shut down their rentals but according to at least one anti-vacation rental activist many have reopened and DOCARE has apparently dropped the ball.
It also brings up the question of whether the house has a Shoreline Management Area (SMA) permit- which generally include use descriptions- for a vacation rental. But that would also be a City and County of Honolulu issue.
So far the report hasn’t gotten any press either statewide or nationally. But whenever the president is involved, stories including the word “illegal” tend to grow virally.
And the vacation rental issue could certainly use a little viral publicity considering the disease they cause in otherwise quiet residential neighborhoods.
Tuesday, April 27, 2010
...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.
----
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
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.
----
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
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