ACCESS SCHMACCESS: For a moment it looked like the story of the new apparently illegal fence at Lepeuli (Larsen’s) Beach had hit the big time.
After seeing the headline and subhead in this morning's Honolulu paper stating that "Development blocks traditional access; Landowners on three isles prevent people from using trails crossing their land" and seeing the story began with the name of Linda Sproat- one of those who has been most aggrieved and active in preserving the Alaloa that is now blocked by the fence- what else could it be?
But although the article is an all too familiar story of Kaua`i Planning Department bungling in preserving an access to Kauapea (Secret) Beach, nothing on the blocking of the ancient traditional access by Paradise Ranch's Bruce Laymon.
And there's nothing new on our story of Jesse Reynolds' allegation that Laymon tried to kill him last month although County Public Information Officer Mary Daubert says that "(a)ccording to KPD, the case is under investigation pending further developments, therefore, we cannot comment."
But there is news from Hope Kallai of Malama Moloa`a who has filed a complaint with the Land Use Commission asking how the heck they can ignore the fence which was apparently constructed in a conservation district (CD) without a conservation district use permit (CDUP) after Laymon withdrew his permit when the Department of Land and Natural Resources (DLNR) decided to take a second look at it.
Kallai presents documentation noting that in 2009 the DLNR had already determined the fenced in area to be in the CD when they cited Laymon for unpermitted work and essentially asks for action.
She then presents the whole sordid history of Laymon's action in the area- a story which deserves a concise presentation.
Which is why today we present her letter in full.
-----
1 June 2011
Hope Kallai
Malama Moloa`a
Fred Talon
Land Use Commission
Department of Business, Economic Development & Tourism
State of Hawaii
P.O. Box 2359
Honolulu, Hawaii 96804-2359
(808) 587-3822 Fax: (808) 587-3827
Re: Prioritization of Conservation District Boundary Interpretation Request TMK (4) 5-1-3:003
Waioli Corporation (owner), Paradise Ranch (lessee)
Lepeuli, Kauai,
Aloha e Mr. Talon:
I would like to request prioritization of the Conservation District Boundary Interpretation on Waioli Corporation lands in Lepeuli, Kauai, that we previously spoke about on the phone (Feb., 2011 and April 2011). This request was also made by the Kauai Chapter of the Sierra Club (attached Feb. 10, 2011 letter). I understand that your office is understaffed and that your work load is heavy, but there is a need for this boundary determination interpretation to be expedited. Fencing has been recently constructed by lessee, Paradise Ranch LLC, in what appears to be this Conservation District.
May 2011 Fencing in Lepeuli
In 2009, Paradise Ranch was cited for performing work in the Conservation District. Paradise Ranch applied for a SMA Minor permit from the county of Kauai for fencing and this fencing map were submitted then.
2009 Lepeuli Map with County Engineer’s notes
An After-The-Fact CDUP was applied for work in this Lepeuli Conservation District, CDUP KA-3525, (attached), with fencing proposed at 110‘ from the shoreline. This permit was awarded, appealed by community groups, then later surrendered by the applicant, stating they had decided to move operations out of the Conservation District. After community members requested that stamped surveyors maps be presented as per the County Engineer’s original 2009 request (attached), Paradise Ranch LLC recently presented a stamped map (below) with a proposed fenceline in very close proximity to applicant’s interpretation of the CD location. This map states “minimum distance to be 110’ from shoreline” for the proposed fenceline.
2011 map with fenceline next to CD Boundary (as interpreted by Paradise Ranch)
Attached Conservation District maps and articles show the Conservation District to be 300’ from a certified shoreline in this area.
A entirely new fence was recently constructed by Paradise Ranch LLC in Lepeuli. We believe this fence is in the Conservation District and blocks the lateral coastal Alaloa. This project is federally funded through NRCS EQIP program. The pasture created by this new makai fence configuration will enable cattle to graze on a site where Hawaii State Department of Historic Preservation relocated human skeletal remains from 3 individuals. This is illegal as well as socially unconscionable.
Paradise Ranch has continued to manage the coastal vegetation in the Conservation with heavy equipment, brushhogs and chainsaws. The fenceline has been constructed in the apparent Conservation District, blocking an ancient lateral trail.
Steps need to be taken to determine the location of the boundary between the Conservation District and the Agricultural District in Lepeuli, as soon as possible. The Conservation District boundary presented on the maps by Paradise Ranch LLC is erroneous and and the fencing negatively impacts public access, human remains and archaeological sites.
This makai Conservation District is a primary monk seal pupping and rearing area. Two pups are being reared at Ka`aka`aniu reef right now. Impacts must be considered to endangered species by the restriction of public access on the ancient Alaloa trail. This forces all lateral transit on to the beach.
There are significant impacts to this fencing project. The Conservation District Boundary needs to be interpreted and determined by the state as soon as possible. What can we do to expedite this? Mahalo for your help.
Hope Kallai
Attachments:
Sierra Club Land Use Request
SMA-Minor
CDUA 3525
2011 map
CD maps
CD Boundary article
Engineers notes
Showing posts with label beach access. Show all posts
Showing posts with label beach access. Show all posts
Monday, June 13, 2011
Monday, July 12, 2010
YOU’D BETTER HURRY ‘CAUSE IT’S GOING FAST
YOU’D BETTER HURRY ‘CAUSE IT’S GOING FAST: Like the contents of Fibber Mcgee’s closet the Lepe`uli (Larsen’s) Beach Controversy spilled into its first recorded public forum at last Wednesday’s council meeting replete with hidden agendas, denials of racism, land grabs and lawyerly gaffs.
It all began suddenly when Mayor Bernard Carvalho conspired with the owner that’s been blocking access to the portion of the alaloa- a Hawaiian language word meaning “highway, main road, belt road around an island, along road” not the name of a trail itself as the newspaper reported- where it runs above the beach at Lepe`uli.
In seeking to throw a monkey wrench in owner Waioli Corporation’s lessee Bruce Laymon’s plans to cut off access to the alaloa and limit access to the beach Carvalho and Waioli Attorney Don Wilson sprung a “new access” easement agreement on the council just before the long July 4th/furlough Friday, four-day weekend and then tried to ram it though the council the following Wednesday.
The battle has finally gotten traction at the state level with a Department of Land and Natural Resources (DLNR) investigation of the whole matter including bogus claims by another Waioli attorney Lorna Nishimitsu and Laymon himself, first as to whether there is even a traditional trail portion from Anahola to Kilauea and later as to it’s location (see previous reports linked above).
But it became obvious that Waioli was trying to “donate” an easement via a trail that isn’t the official but overgrown county owned access at the south end of the beach but is right next to it, in order to convince the DLNR that there is access to the beach so it’s ok to block that portion of the alaloa, which has been in use “since time immemorial” according to everyone not associated with either Waioli or Laymon and his ranching operation.
The fear that the DLNR will soon find that the alaloa is a “prescriptive use” access has apparently struck so much fear in Waioli that they replaced Nishimitsu with Wilson, whose stammering, often contradictory and occasionally high pitched testimony before the council only served to make matters worse for Waioli
Wilson tried at times to deny the existence of the alaloa and later to perpetuate the confusion as to where it was before admitting under questioning by Councilpersons Tim Bynum and Lani Kawahara that yes, the alaloa did exist but echoing Laymon’s desire to stop access due to what’s been characterized as “nude campers leaving trash” at the beach- a characterization that has been taken by many to mean “haoles” especially after a slew of reports of rants by Laymon using that term pejoratively .
This is not the first attack on the alaloa. In the 90’s developer of Kealia Kai Tom McCloskey, whose Moloa`a Bay Ranch encompasses another portion of the trail just north of Moloa`a lost his battle to relocate the trail to the rocks below and the alaloa became a candidate for preservation by the state Na Ala Hele Commission before the state withdrew support and funding for the group and it fell apart.
At first Wilson tried to give the impression that the offer might go away if it wasn’t accepted by the council last Wednesday although later, after a break, he admitted that wasn’t the case.
Coincidentally the last time we remember anyone trying to rush through a Trojan Horse gift like this- one with a one day “take it now or lose it” rider- was McCloskey’s gift of the area above the area of the bike path north of Kealia which would have become a private beach with limited access had the deed been accepted "as is" the day it was introduced and set for fast tracking by then Mayor Maryanne Kusaka and then Councilperson Bryan Baptiste.
Then, as on Wednesday, the matter was deferred after some on the council smelled a rat.
Those records left by Na Ala Hele were apparently a taking off point Bynum and Kawahara used to show where the trail runs and the prior attempts to preserve it.
But what stood out was this bizarre argument by Laymon and Wilson along with one of Laymon’s employees that the gently sloping alaloa with it’s many easy side trials to the beach would somehow encourage the “trash” in the area, presumably left by these so-called naked campers even though much of the trash Laymon cleaned up in a beach clean up recently had been there for many decades.
The thinly veiled race card hung over the room as did Laymon’s apparent homophobic rage over clothing optional nature of the secluded beach- where his employees have been accused by witnesses of using binoculars to ogle naked women- as he ranted in code about maintaining access for “local people” while keeping others out, intimating that somehow local people including kupuna could and would navigate the steep new access while others would not.
But, as revered kupuna Richard and Linda Sproat’s daughter, attorney and UH Professor of Hawaiian Studies Kapua Sproat told the council the alaloa is legally protected under state laws as a prescriptive access for all that’s been in continual use as long as anyone can remember.
The DLNR investigation was initiated after the Office of Hawaiian Affairs responded to citizen’s complaints over Laymon’s Conservation District Area Use permit, especially complaints by the Kaua`i Group of the Sierra Club which has been trying to protect the alaloa segment for more than a decade as we’ve detailed during the past year.
What Waioli is doing backing Laymon in this is the one of the more baffling things about the whole matter. You would think they’d take advantage of the terroristic threatening he’s been accused of along with his historic utter disregard for grubbing and grading laws to try to revoke his lease and give it to someone sensitive to the community’s concerns.
Laymon still doesn’t get it. He tried to tell a story complaining that recently he was ready to just illegally bulldoze the old overgrown county owned access without a permit in a sensitive special management area and conservation district but was “threatened” with being reported to the authorities by those trying to preserve the area to somehow say he is being prevented from “helping”.
For the record Laymon denied being “a racist”
The area at Lepe`uli contains not just documented burials but documented evidence of a “ancient” Hawaiian village which have been disturbed by his ranching and fencing operations without a cultural study of the area.
Wilson wondered aloud why the alaloa is even part of the discussion complaining that this is “going on and on and on” for Waioli. But didn’t seem to notice the irony that it’s been their actions in allowing Laymon to garner community enmity by blocking access and perpetuating the race-baiting conflicts that has made put the issue before the council.
Waioli Corp used to have a good name in the community through it’s historic preservation mission and actions. Now that has seemingly gone out the window due to the blind spot they have for Laymon and Lepe`uli and the disregard for the historic and cultural nature of the alaloa and Lepe`uli in general.
If they had decided to say “ok- we’ll move our fence back and the pubic can have the alaloa and beach access- it would have cost them less in blood and treasure than this fight which now may not end for the community until the whole area becomes an historic and cultural preserve.
The question remains for Laymon and Waioli Corp– are “illegal activities” at Larson’s beach such as littering enough to block access? Even if so is the answer blocking access or enforcing the law? And if so, should we block access to all beaches where litter is found?
The public awaits answers to those questions and more as the council awaits the DLNR report and will take up the matter again on August 23.
It all began suddenly when Mayor Bernard Carvalho conspired with the owner that’s been blocking access to the portion of the alaloa- a Hawaiian language word meaning “highway, main road, belt road around an island, along road” not the name of a trail itself as the newspaper reported- where it runs above the beach at Lepe`uli.
In seeking to throw a monkey wrench in owner Waioli Corporation’s lessee Bruce Laymon’s plans to cut off access to the alaloa and limit access to the beach Carvalho and Waioli Attorney Don Wilson sprung a “new access” easement agreement on the council just before the long July 4th/furlough Friday, four-day weekend and then tried to ram it though the council the following Wednesday.
The battle has finally gotten traction at the state level with a Department of Land and Natural Resources (DLNR) investigation of the whole matter including bogus claims by another Waioli attorney Lorna Nishimitsu and Laymon himself, first as to whether there is even a traditional trail portion from Anahola to Kilauea and later as to it’s location (see previous reports linked above).
But it became obvious that Waioli was trying to “donate” an easement via a trail that isn’t the official but overgrown county owned access at the south end of the beach but is right next to it, in order to convince the DLNR that there is access to the beach so it’s ok to block that portion of the alaloa, which has been in use “since time immemorial” according to everyone not associated with either Waioli or Laymon and his ranching operation.
The fear that the DLNR will soon find that the alaloa is a “prescriptive use” access has apparently struck so much fear in Waioli that they replaced Nishimitsu with Wilson, whose stammering, often contradictory and occasionally high pitched testimony before the council only served to make matters worse for Waioli
Wilson tried at times to deny the existence of the alaloa and later to perpetuate the confusion as to where it was before admitting under questioning by Councilpersons Tim Bynum and Lani Kawahara that yes, the alaloa did exist but echoing Laymon’s desire to stop access due to what’s been characterized as “nude campers leaving trash” at the beach- a characterization that has been taken by many to mean “haoles” especially after a slew of reports of rants by Laymon using that term pejoratively .
This is not the first attack on the alaloa. In the 90’s developer of Kealia Kai Tom McCloskey, whose Moloa`a Bay Ranch encompasses another portion of the trail just north of Moloa`a lost his battle to relocate the trail to the rocks below and the alaloa became a candidate for preservation by the state Na Ala Hele Commission before the state withdrew support and funding for the group and it fell apart.
At first Wilson tried to give the impression that the offer might go away if it wasn’t accepted by the council last Wednesday although later, after a break, he admitted that wasn’t the case.
Coincidentally the last time we remember anyone trying to rush through a Trojan Horse gift like this- one with a one day “take it now or lose it” rider- was McCloskey’s gift of the area above the area of the bike path north of Kealia which would have become a private beach with limited access had the deed been accepted "as is" the day it was introduced and set for fast tracking by then Mayor Maryanne Kusaka and then Councilperson Bryan Baptiste.
Then, as on Wednesday, the matter was deferred after some on the council smelled a rat.
Those records left by Na Ala Hele were apparently a taking off point Bynum and Kawahara used to show where the trail runs and the prior attempts to preserve it.
But what stood out was this bizarre argument by Laymon and Wilson along with one of Laymon’s employees that the gently sloping alaloa with it’s many easy side trials to the beach would somehow encourage the “trash” in the area, presumably left by these so-called naked campers even though much of the trash Laymon cleaned up in a beach clean up recently had been there for many decades.
The thinly veiled race card hung over the room as did Laymon’s apparent homophobic rage over clothing optional nature of the secluded beach- where his employees have been accused by witnesses of using binoculars to ogle naked women- as he ranted in code about maintaining access for “local people” while keeping others out, intimating that somehow local people including kupuna could and would navigate the steep new access while others would not.
But, as revered kupuna Richard and Linda Sproat’s daughter, attorney and UH Professor of Hawaiian Studies Kapua Sproat told the council the alaloa is legally protected under state laws as a prescriptive access for all that’s been in continual use as long as anyone can remember.
The DLNR investigation was initiated after the Office of Hawaiian Affairs responded to citizen’s complaints over Laymon’s Conservation District Area Use permit, especially complaints by the Kaua`i Group of the Sierra Club which has been trying to protect the alaloa segment for more than a decade as we’ve detailed during the past year.
What Waioli is doing backing Laymon in this is the one of the more baffling things about the whole matter. You would think they’d take advantage of the terroristic threatening he’s been accused of along with his historic utter disregard for grubbing and grading laws to try to revoke his lease and give it to someone sensitive to the community’s concerns.
Laymon still doesn’t get it. He tried to tell a story complaining that recently he was ready to just illegally bulldoze the old overgrown county owned access without a permit in a sensitive special management area and conservation district but was “threatened” with being reported to the authorities by those trying to preserve the area to somehow say he is being prevented from “helping”.
For the record Laymon denied being “a racist”
The area at Lepe`uli contains not just documented burials but documented evidence of a “ancient” Hawaiian village which have been disturbed by his ranching and fencing operations without a cultural study of the area.
Wilson wondered aloud why the alaloa is even part of the discussion complaining that this is “going on and on and on” for Waioli. But didn’t seem to notice the irony that it’s been their actions in allowing Laymon to garner community enmity by blocking access and perpetuating the race-baiting conflicts that has made put the issue before the council.
Waioli Corp used to have a good name in the community through it’s historic preservation mission and actions. Now that has seemingly gone out the window due to the blind spot they have for Laymon and Lepe`uli and the disregard for the historic and cultural nature of the alaloa and Lepe`uli in general.
If they had decided to say “ok- we’ll move our fence back and the pubic can have the alaloa and beach access- it would have cost them less in blood and treasure than this fight which now may not end for the community until the whole area becomes an historic and cultural preserve.
The question remains for Laymon and Waioli Corp– are “illegal activities” at Larson’s beach such as littering enough to block access? Even if so is the answer blocking access or enforcing the law? And if so, should we block access to all beaches where litter is found?
The public awaits answers to those questions and more as the council awaits the DLNR report and will take up the matter again on August 23.
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
Monday, October 26, 2009
THE ROAD MORE TRAVELED
THE ROAD MORE TRAVELED: The pilikila over the Larson’s Beach access has finally gotten some attention after a fine article in the Hawai`i Independent by Joan Conrow detailed how once again the public is about to lose a path that has been historically ours forever because of some slight of hand by a big landowner.
She writes:
An outcry over plans to fence off a trail to Larsen’s Beach is causing Kauai residents to revisit two longstanding issues: Should concerns about liability restrict access; and is the county properly recording public easements?
The controversy arose over cattle rancher Bruce Laymon’s plans to install a fence on northeast Kauai coastal land that he leases from the Waioli Corp., a kama`aina landowner whose holdings include the historic Waioli Mission House and Grove Farm Homestead Museum.
But the rest of the article deals for the most part, not with Laymon but with Waioli Corp and the history of the access.
Although going forward it’s Waioli’s actions that will determine the future of the access it’s Laymon’s past actions- with the ok of Waioli- that has brought the issue to a head.
Local rancher Bruce Laymon would have people believe, as his attorney told the Board of Land and Natural Resources (BLNR), that he “is a rancher and landscaper... an avid fisherman who loves Kauai and the community... and is not a sophisticated developer as the Sierra Club would like to have the Board believe”
That, in part was what influenced the BLNR to approve staff recommendations to reduce his fine for illegally clearing the bluff above Larsen beach- a secluded clothing optional North Shore beach where travel-book-reading sunbathers from around the world come to vacation- from $15,000 to $2,000 according to the minutes of it’s July meeting.
Laymon claims that it was an innocent and understandable mistake when he relied on an approved “conservation plan” for his ranch, to do work along the ancient historic Alaloa trail above Ka`aka`aniu (rolling coconut) beach and reef- also knows as Larsen’s Beach after a Kilauea sugar plantation luna- which is famous for its limu kohu according to the BLNR staff report which PNN has obtained but is apparently not posted on line.
The work not only went well beyond what was permitted by the East Kaua`i Soil and Water Conservation District (EKWCD) Board when they approved his Brush Management Plan that had been developed with the help of the Natural Resources Conservation Service (NRCS) but encroached on the state conservation district and county special management area where permits are required to do any work.
Rather than just carefully hand- remove all the non-native plants and leave the foliage in place to hold together the hillside- as the “approved plan” for the other areas required- Laymon apparently came in and cleared the entire area of “brush” denuding the hillside including cutting large trees down to stumps in order to harass the homeless in the area.
According to the report Laymon apparently tried to dispose of the campers’ property calling it “household trash”, engaging in a confrontation with some when they tried to retrieve their belongings.
Though Laymon claimed ignorance and said he was “doing something good for the community”- a position with which members of the BLNR agreed- this isn’t his first run-in with the law for land-clearing operations without necessary permitting- nor is it the first time he’s had confrontational run-ins with nude sunbathers or so-called “illegal campers” on property he leased.
In 2003 Laymon did apparently illegal grubbing and grading on a three acre parcel above Kealia for which he didn’t have an NRCS approved plan. But the EKWCD Board said he made an “honest mistake” in including the three acre parcel in a plan for a different 2011 acre parcel in Kealia according to a lengthy article on the subject in the local newspaper.
This occurred during the infamous Kaua`i County Council “Developers Gone Wild” grubbing and grading hearings, spurred by the 2001 Pila`a mudslide disaster for which developer Jimmy Pflueger received the then-biggest-ever fine for a federal Clean Water Act violation.
Despite the fact that Council Chair Kaipo Asing called actions “another Pila`a waiting to happen” Laymon’s buddies on the EKWCD Board- a group comprised of large landowners in the area who obtain votes based on the acreage they own- cleared him of all charges saying Laymon was just an unsophisticated rancher and landscaper who actually made the area look “beautiful” despite the fact that if a heavy rainfall had occurred while the land was denuded it could have despoiled the reef at Kealia.
Laymon was also involved in the similarly infamous harassment of nude sunbathers in 1990 when he apparently organized an armed vigilante squad that roamed Kaupea Beach- aka Secret Beach- on ATVs at the behest and in the employ of landowners above the beach until the state told him to stop because the beach was state property.
Among those owners were Michelle and Justin Hughes who leased Laymon the Kealia Property that they had obtained from developer Tom McCloskey who bought the entire Kealia ahupua`a after area sugar cane went defunct.
But it seems the BLNR staff either never heard about these incidents or chose not to tell the board about them and rather convinced the board that Laymon was just an unsophisticated rancher and landscaper who made an understandable mistake in clearing the area above Larsen.
The minutes of the BLNR meeting are revealing for what they don’t contain as much as what they do. Although Kaua`i member of the Board Ron Agor told many people that he would push for the full fine the minutes reveal that he actually led the other board members to accept the staff report and reduce the fine.
Laymon is currently applying for an “after the fact” permit from the BLNR for not just the denuding of the hillside but to do the real work he intended to do before complaints stopped him in October of 2008- changing not just the historic Alaloa trail but the traditional easier access to the beach and substituting one more treacherous.
As to the future, the Sierra Club has been on the case and, in a letter, refutes testimony by Laymon’s attorney Lorna Nishimitsu who at one point actually tried to claim to the BLNR staff that the Alaloa trail was actually Ko`olau Road.
The Sierra Club letter to the board details the issues and misrepresentation in the after the fact permit application and is apparently not available on line so is reproduced in full here.
As you know, Paradise Ranch has submitted a CDUA for land leased from Waioli Corporation. This application calls for brush management for ranching and the construction of two sections of fence – one portion designated as pre-existing (near the northern boundary), and additional fencing that is not pre-existing, approximately twice the length of the first portion. We agree that cattle should be kept off the beach. However, the siting of this additional fencing raises a number of concerns.
Safe Beach Access
We appreciate that Waioli Corporation provided a public access easement to Larsen’s Beach years ago, but that route is steep and difficult for both children and elderly to use. The CDUA survey map Exhibit E, indicates that the proposed fence will block the favored public access along the gradual slope labeled “Existing Road” and “Existing Trail”. Emergency responders who routinely rescue visitors from the two rip currents at Larsen’s Beach also favor this route. Therefore, we ask you to keep the existing trail behind the beach unblocked.
Historic Alaloa
Exhibit D in the CDUA notes the State of Hawaii’s claims of ownership of the historic coastal trail – the Hawaiian Alaloa. The Alaloa is not Ko`olau Road as put forth by attorney Lorna Nishimitsu in a letter dated August 5, 2009 (Exhibit C). The evidence of the trail’s location is provided in the document called Ref: K98:1 Moloa`a (from September 1, 1998) which was not included in the CDUA exhibits, but is cited at the top of the Na Ala Hele Memo dated March 1, 2000 (Exhibit D).
Therefore, attached to this letter is documentation from the 1998 Abstract Ref: K98:1 Moloa`a which includes an historic map labeled: Na Ala Hele Exhibit B – “Portion Registered Map 1395 dated 1878 depicting portion of Old Alaloa”.
It is clear from this map that the Alaloa is a coastal trail and not the Kauai Belt Road, Kuhio Highway or Ko`olau Road. Furthermore, there is ample oral testimony collected by Na Ala Hele Kauai Advisory Council members in the late 1990’s that the path traversed close to the coastline and over the Pali. Kupuna in the area can corroborate this.
The “pre-existing” fence does not interfere with the Alaloa. However, the proposed alignment for the new, additional fencing is makai of the existing trail ( see CDUA Survey Map-Exhibit E). The fence would block the “Existing Trail” at two points, cutting off existing public access to Larsen’s Beach via the Alaloa. We encourage Waioli Corporation to seek confirmation from the Na Ala Hele staff abstractor as soon as possible on this matter and to encourage DLNR to conduct a metes and bounds survey of the Alaloa in order to properly site the fence, and submit a corrected survey map for the Conservation District Use Application.
Endangered Species
The project area is adjacent to the sensitive coastal habitat of monk seals, green sea turtles, albatross and other endangered seabirds. Has the lessee considered using fencing that is dog proof so that endangered ground nesting birds would be protected? We hope that the U.S. Fish and Wildlife Service will be consulted and afforded the opportunity to comment.
Summary
We ask that you relocate the proposed fencing so that it is mauka of the trail/road. Doing so would:
a) Preserve the traditional and customary Alaloa;
b) Provide the only safely graded beach access from Larsen’s Beach parking lot;
c) Assist lifeguards and emergency responders in their rescue efforts, and
d) Allow the public access when Monk Seal volunteers routinely ribbon off sections of this beach.
If liability is a concern, Waioli Corporation could dedicate the existing trail/road/Alaloa to the State under the Na Ala Hele Hawaii Trail & Access System, thereby removing the threat of liability. Neighboring Moloa`a Bay Ranch also has a portion of the Alaloa and that easement was adopted into the State Na Ala Hele trail system several years ago. Also, please note that your neighbor Falko Partners, north of Larsen’s Beach, is currently in discussion with the Kauai Public Land Trust about transferring rights to the coastal portion of the Conservation District to the public.
Thank you for your consideration. Perhaps board members would benefit from a site visit to better understand the significance of this coastal gem and its importance to the community.
Sincerely,
Judy Dalton
on behalf of the Executive Committee
(Sierra Club)Kaua`i Group, Hawai`i Chapter
--------------------------
We’ve managed to screw-up the handiwork of our shoulder surgeon and are back to hurtful hunting and painful pecking. We may be posting a little lighter than usual in the coming weeks. Pardon the interruption- try to do better next time.
She writes:
An outcry over plans to fence off a trail to Larsen’s Beach is causing Kauai residents to revisit two longstanding issues: Should concerns about liability restrict access; and is the county properly recording public easements?
The controversy arose over cattle rancher Bruce Laymon’s plans to install a fence on northeast Kauai coastal land that he leases from the Waioli Corp., a kama`aina landowner whose holdings include the historic Waioli Mission House and Grove Farm Homestead Museum.
But the rest of the article deals for the most part, not with Laymon but with Waioli Corp and the history of the access.
Although going forward it’s Waioli’s actions that will determine the future of the access it’s Laymon’s past actions- with the ok of Waioli- that has brought the issue to a head.
Local rancher Bruce Laymon would have people believe, as his attorney told the Board of Land and Natural Resources (BLNR), that he “is a rancher and landscaper... an avid fisherman who loves Kauai and the community... and is not a sophisticated developer as the Sierra Club would like to have the Board believe”
That, in part was what influenced the BLNR to approve staff recommendations to reduce his fine for illegally clearing the bluff above Larsen beach- a secluded clothing optional North Shore beach where travel-book-reading sunbathers from around the world come to vacation- from $15,000 to $2,000 according to the minutes of it’s July meeting.
Laymon claims that it was an innocent and understandable mistake when he relied on an approved “conservation plan” for his ranch, to do work along the ancient historic Alaloa trail above Ka`aka`aniu (rolling coconut) beach and reef- also knows as Larsen’s Beach after a Kilauea sugar plantation luna- which is famous for its limu kohu according to the BLNR staff report which PNN has obtained but is apparently not posted on line.
The work not only went well beyond what was permitted by the East Kaua`i Soil and Water Conservation District (EKWCD) Board when they approved his Brush Management Plan that had been developed with the help of the Natural Resources Conservation Service (NRCS) but encroached on the state conservation district and county special management area where permits are required to do any work.
Rather than just carefully hand- remove all the non-native plants and leave the foliage in place to hold together the hillside- as the “approved plan” for the other areas required- Laymon apparently came in and cleared the entire area of “brush” denuding the hillside including cutting large trees down to stumps in order to harass the homeless in the area.
According to the report Laymon apparently tried to dispose of the campers’ property calling it “household trash”, engaging in a confrontation with some when they tried to retrieve their belongings.
Though Laymon claimed ignorance and said he was “doing something good for the community”- a position with which members of the BLNR agreed- this isn’t his first run-in with the law for land-clearing operations without necessary permitting- nor is it the first time he’s had confrontational run-ins with nude sunbathers or so-called “illegal campers” on property he leased.
In 2003 Laymon did apparently illegal grubbing and grading on a three acre parcel above Kealia for which he didn’t have an NRCS approved plan. But the EKWCD Board said he made an “honest mistake” in including the three acre parcel in a plan for a different 2011 acre parcel in Kealia according to a lengthy article on the subject in the local newspaper.
This occurred during the infamous Kaua`i County Council “Developers Gone Wild” grubbing and grading hearings, spurred by the 2001 Pila`a mudslide disaster for which developer Jimmy Pflueger received the then-biggest-ever fine for a federal Clean Water Act violation.
Despite the fact that Council Chair Kaipo Asing called actions “another Pila`a waiting to happen” Laymon’s buddies on the EKWCD Board- a group comprised of large landowners in the area who obtain votes based on the acreage they own- cleared him of all charges saying Laymon was just an unsophisticated rancher and landscaper who actually made the area look “beautiful” despite the fact that if a heavy rainfall had occurred while the land was denuded it could have despoiled the reef at Kealia.
Laymon was also involved in the similarly infamous harassment of nude sunbathers in 1990 when he apparently organized an armed vigilante squad that roamed Kaupea Beach- aka Secret Beach- on ATVs at the behest and in the employ of landowners above the beach until the state told him to stop because the beach was state property.
Among those owners were Michelle and Justin Hughes who leased Laymon the Kealia Property that they had obtained from developer Tom McCloskey who bought the entire Kealia ahupua`a after area sugar cane went defunct.
But it seems the BLNR staff either never heard about these incidents or chose not to tell the board about them and rather convinced the board that Laymon was just an unsophisticated rancher and landscaper who made an understandable mistake in clearing the area above Larsen.
The minutes of the BLNR meeting are revealing for what they don’t contain as much as what they do. Although Kaua`i member of the Board Ron Agor told many people that he would push for the full fine the minutes reveal that he actually led the other board members to accept the staff report and reduce the fine.
Laymon is currently applying for an “after the fact” permit from the BLNR for not just the denuding of the hillside but to do the real work he intended to do before complaints stopped him in October of 2008- changing not just the historic Alaloa trail but the traditional easier access to the beach and substituting one more treacherous.
As to the future, the Sierra Club has been on the case and, in a letter, refutes testimony by Laymon’s attorney Lorna Nishimitsu who at one point actually tried to claim to the BLNR staff that the Alaloa trail was actually Ko`olau Road.
The Sierra Club letter to the board details the issues and misrepresentation in the after the fact permit application and is apparently not available on line so is reproduced in full here.
As you know, Paradise Ranch has submitted a CDUA for land leased from Waioli Corporation. This application calls for brush management for ranching and the construction of two sections of fence – one portion designated as pre-existing (near the northern boundary), and additional fencing that is not pre-existing, approximately twice the length of the first portion. We agree that cattle should be kept off the beach. However, the siting of this additional fencing raises a number of concerns.
Safe Beach Access
We appreciate that Waioli Corporation provided a public access easement to Larsen’s Beach years ago, but that route is steep and difficult for both children and elderly to use. The CDUA survey map Exhibit E, indicates that the proposed fence will block the favored public access along the gradual slope labeled “Existing Road” and “Existing Trail”. Emergency responders who routinely rescue visitors from the two rip currents at Larsen’s Beach also favor this route. Therefore, we ask you to keep the existing trail behind the beach unblocked.
Historic Alaloa
Exhibit D in the CDUA notes the State of Hawaii’s claims of ownership of the historic coastal trail – the Hawaiian Alaloa. The Alaloa is not Ko`olau Road as put forth by attorney Lorna Nishimitsu in a letter dated August 5, 2009 (Exhibit C). The evidence of the trail’s location is provided in the document called Ref: K98:1 Moloa`a (from September 1, 1998) which was not included in the CDUA exhibits, but is cited at the top of the Na Ala Hele Memo dated March 1, 2000 (Exhibit D).
Therefore, attached to this letter is documentation from the 1998 Abstract Ref: K98:1 Moloa`a which includes an historic map labeled: Na Ala Hele Exhibit B – “Portion Registered Map 1395 dated 1878 depicting portion of Old Alaloa”.
It is clear from this map that the Alaloa is a coastal trail and not the Kauai Belt Road, Kuhio Highway or Ko`olau Road. Furthermore, there is ample oral testimony collected by Na Ala Hele Kauai Advisory Council members in the late 1990’s that the path traversed close to the coastline and over the Pali. Kupuna in the area can corroborate this.
The “pre-existing” fence does not interfere with the Alaloa. However, the proposed alignment for the new, additional fencing is makai of the existing trail ( see CDUA Survey Map-Exhibit E). The fence would block the “Existing Trail” at two points, cutting off existing public access to Larsen’s Beach via the Alaloa. We encourage Waioli Corporation to seek confirmation from the Na Ala Hele staff abstractor as soon as possible on this matter and to encourage DLNR to conduct a metes and bounds survey of the Alaloa in order to properly site the fence, and submit a corrected survey map for the Conservation District Use Application.
Endangered Species
The project area is adjacent to the sensitive coastal habitat of monk seals, green sea turtles, albatross and other endangered seabirds. Has the lessee considered using fencing that is dog proof so that endangered ground nesting birds would be protected? We hope that the U.S. Fish and Wildlife Service will be consulted and afforded the opportunity to comment.
Summary
We ask that you relocate the proposed fencing so that it is mauka of the trail/road. Doing so would:
a) Preserve the traditional and customary Alaloa;
b) Provide the only safely graded beach access from Larsen’s Beach parking lot;
c) Assist lifeguards and emergency responders in their rescue efforts, and
d) Allow the public access when Monk Seal volunteers routinely ribbon off sections of this beach.
If liability is a concern, Waioli Corporation could dedicate the existing trail/road/Alaloa to the State under the Na Ala Hele Hawaii Trail & Access System, thereby removing the threat of liability. Neighboring Moloa`a Bay Ranch also has a portion of the Alaloa and that easement was adopted into the State Na Ala Hele trail system several years ago. Also, please note that your neighbor Falko Partners, north of Larsen’s Beach, is currently in discussion with the Kauai Public Land Trust about transferring rights to the coastal portion of the Conservation District to the public.
Thank you for your consideration. Perhaps board members would benefit from a site visit to better understand the significance of this coastal gem and its importance to the community.
Sincerely,
Judy Dalton
on behalf of the Executive Committee
(Sierra Club)Kaua`i Group, Hawai`i Chapter
--------------------------
We’ve managed to screw-up the handiwork of our shoulder surgeon and are back to hurtful hunting and painful pecking. We may be posting a little lighter than usual in the coming weeks. Pardon the interruption- try to do better next time.
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