BREAKING NEWS!

Posted 5/6/2025

When will State and County protect us from destructive irresponsible development?

Aloha All,

Our work continues. There have been some recent success: 1) On April 25, 2025, the Bill in the Legislature to secure tax payer supported funding for the Aloun Family Farms industrial dairy in Kaekaha failed. Thanks to all who wrote letters to our senator and representatives making clear that if an industrial dairy was objectionable in Koloa because of its odor, biting flies and loss of untreated cow manure to the environment. It would be equally objectionable and harmful to the environment and residents of Kekaha, 2) Our Petition to Revoke the Kauai County’s Development Permits for a 350 luxury room resort at the former Coco Palms site is on Appeal before the Interim Court of Appeal. Meanwhile, we aren’t stopping and continue to implore our State and local officials to stop the madness: (See the email below just sent), 3) On May 15, 2025, we will once again appear before Judge Watanabe asking for Summary Judgement that Pinkston violated the State and County conditions of development when he began work, excavation, rock crushing, grubbing, grading etc without the required prior protection and biological inspection for the endangered blind cave spider and amphipod, known to only exist in Koloa, Hawaii. Similarly, there was no biological inspection or protection for the Nene, Koloa Duck and other migratory sea birds who were known to nest on that site. We will send out more details on the hearing and Zoom link for those who want to attend or watch. 4) Finally, several of our members will appear at the upcoming oral argument before the Hawaii State Supreme Court, also occurring May 15, 2025. FOM supported members who challenged the Governor’s Emergency Housing Proclamation because it attempts to fast track the construction of homes without regulating the value of the homes constructed or requiring a percentage of homes to be truly affordable. In using his Emergency Proclamation Powers, the Governor attempts to fast track around normal County housing permit procedures. A very fundamental question is whether housing shortages have been ongoing for many years, not a true emergency and not one that justifies setting aside legislative and county laws. To learn more about this effort, soon to be heard before the Supreme Court of this State, see the following link. The first link provides a description of the case issued by the Supreme Court when the matter was calendared:

See below the information for watching the oral argument advanced by our legal team in person or YouTube, streaming live.

Supreme Court description for the case oral argument

See below the information for watching the oral argument advanced by our legal team in person or YouTube, streaming live:

Oral arguments are held in-person at
Supreme Court Courtroom, Ali‘iolani Hale, 2nd Floor, 417 South King Street, Honolulu, HI 96813, and will also be streamed online via the Hawaii State Judiciary YouTube page and on ʻŌlelo Community Media.

Our legal fees this month alone exceeded $15,000. Please remember FOM and go to our website to donate or mail a contribution to the address below. Without your support, we would not be able to make a difference… as, I am happy to say, I think we have!

Mahalo nui,

Bridget Hammerquist, President
Friends of Maha`ulepu, a 501(c)(3)
Kia`i Wai o Wai`ale`ale, Co-founder
PO Box 1654
Koloa, HI 96756
Donate
friendsofmahaulepu.org
[email protected]
(808) 742-1037 home
(808) 346-1973 cell

——– Forwarded Message ——–

Date:	Tue, 6 May 2025 19:07:19 -1000
From:	Bridget Hammerquist <[email protected]>
To:	Senator Ronald Kouchi <[email protected]>, Rep Nadine Nakamura <[email protected]>, County Council <[email protected]>, [email protected], Mayor <[email protected]>, [email protected], [email protected], Darryl Lum <[email protected]>, [email protected]
Subject:	When will State and County protect us from destructive irresponsible development

Aloha All,

Please accept this email on behalf of many Kauai residents and our members who really want corrective action now! There is no dispute that the infrastructure in the Wailua/Kappa corridor at the site of the former Coco Palms is severely limited and regularly challenged. The current, in a long stream of would be developers, propose to develop a 350 room luxury resort that would require at least 900 employees to serve the hotel and guests needs. That number of personnel and vehicles plus those of an almost equal number of hotel guests, assuming construction of the proposed resort between Kuamoʻo Road and Haleilio Road are not only going to tax and further restrict an already crowded transportation corridor but the waste added to the Wailua Wastewater Treatment plant will be unsustainable. If you view the following April 2025 video linked below, you will observe raw human fecal sewage squirting through manhole covers on the property adjacent to Haleilio Road and Kuhio Hwy: Raw Human Sewage Back Up Squirting Through Manhole Covers

In addition, the County has reported three pump station failures, in the past year plus, most recently, April 24, 2025, that have resulted in at least 6,000 gallons or more of untreated raw sewage to flow from the nearby pump station cascading down onto the former Coco Palms property. The County reports that the untreated waste was “confined” and “pumped down” and thereafter the area “disinfected”. The waste water engineer, Donald Fujimoto who released this information about this spill provided an email address for any questions the public might have about the spill. We send an email asking how the spill was “contained” and what was done to “pump down” the untreated sewage as well what method of disinfection was used because of the State and near shore US waters. Thus far there has been no response from Mr Fujimoto or any County personnel. 

Following its inspection of the property, the State Department of Health reported in April 2024 that the historic fishpond on the development site and the deep canal running behind it are tidal bodies of water and therefore reported that they are waters of the State. These waters were also reported as draining under Kuamoʻo Road directly into Wailua river which drains into the Wailua Bay, waters of the US. 

There is a persistent repugnant sewer odor – an unmistakably fecal – that plagues Kuhio Hwy from the bypass road where it intersects with Kuhio Hwy passing Haleilio Rd and continues  well past Kuamoʻo Road and the Wailua bridge.

Because of its proximity to the Wailua Bay, the entire area well into the Crown Coconut Palm state parcel falls within the Shoreline Management Area (SMA). Despite the increased traffic, sea level rise with waves impacting Kuhio Hwy on occasion, nearby failing waste water treatment plant facilities to documented wetlands on site and known nesting indigenous birds as well as endangered migratory species, there has been no SMA permit evaluation since 2013.

The current would be developer, RP21 LLC and its LLC affiliates, continue to violate State and County tax laws, incurring real property tax penalties and interest in amounts that would not be tolerated from any other real property owners on Kauai. Despite the claim of RP21 LLC and its affiliate LLC that they are in fact the rightful lessees of the Crown/State leased land in excess of 12 acres, none of these taxes have been paid since 2019: 

The only outstanding taxes are on the state lands.  Below are the details. (I am linking the tax report for each parcel if you need them.)
Unpaid taxes
According to Kauai County’s tax map webpage, there are still unpaid taxes at Coco Palms as of April 2025.
Coconut Grove (tmk 41003005): the lessee owes $31,736.69in real property tax, penalties, and interest.  Note: Coco Palms Ventures was acquired by Utah folks as I mentioned in a previous email.
Kuamoo Corner (tmk 41003017): State land unpaid County tax $13,451.04 in real property tax, penalties, and interest. I don’t think Coco Palms Ventures is actually the lessee.  As you know, this parcel is supposed to go out for public auction.
Shell restaurant (tmk 41005017): State land unpaid County tax$5,355.10 in real property tax, penalties, and interest.
Paid taxes
Property taxes finally paid by RP21 LLC and its LLC affiliates as of 3/11/25: shell restaurant (tmk 41005014): the taxes ($7,645), penalties ($764) and interest ($336).
RP21’s hotel (tmk 41003007): the taxes ($205,895), penalties ($20,589) and interest ($9,059) were paid on 3/11/25.
RP21’s wetland (tmk 41003004): the taxes ($28,934), penalties ($2,893) and interest ($1,273) were paid on 3/11/25.

Every would be developer that has held the above fee parcels has failed to successfully develop this property in spite of the fact that 33 years that have elapsed since it was destroyed in 1992 by hurricane Iniki. There was a five year lapse in the payment real property tax payment on all of the above parcels. Most recently, a four year lapse. With the current developers violations of County and State law. Why are our public officials not protecting the people and the environment of Kauai? Why are they still getting permits and why are they not getting the environmental permits required, SMA and EIS.

Mahalo nui,

Bridget Hammerquist, President
Friends of Maha`ulepu, a 501(c)(3)
Kia`i Wai o Wai`ale`ale, Co-founder
PO Box 1654
Koloa, HI 96756
friendsofmahaulepu.org
[email protected]
(808) 742-1037 home
(808) 346-1973 cell

Posted 4/24/2025

NR 04-23-25 (Wastewater Spill Notice: Wailua Coco Palms Sewer Pump Station)

Aloha Mr Fujimoto,

There have been at least two if not three of these spills in the past 12 months. The latest County release claims that there was no contamination of State waters. In April 2024, the State Department of Health made the determination that the deep channel ditch and fish pond ,on property of the former Coco Palms, are tidal (rises and falls with the change of the tides) and thus waters of the State and of the US. These tidal waters drain into the Wailua river after passing under Kuumoo Road. The river goes right to the ocean, waters of the State and US.

Would you please explain how the spill was contained and kept from contaminating the ditch and fish pond, as the county’s information release suggest? In multiple County releases, the County has stated “The ponded material was pumped down and the area was disinfected”. Could you please help us understand what “pumped down” means and how did the spill become “ponded material”? Where was the fecal spill “pumped down” to? How and where was disinfection achieved?