2024 News - Friends of Maha'ulepu kauai hawaii Poipu Koloa

Posted 12/17/2024

Aloha All,

Happy Holidays. Greetings from the FOM Board of Directors. We are pleased to share that we have had another success that may lead to a really large success. When Governor Josh Green was elected, one of his largest campaign contributors was Pacific Resource Partnership (PRP), an organization that represents the Hawaii Regional Council of Carpenters and more than 240 of Hawaii’s top contractors. Shortly after his election, he began work on an Emergency Proclamation to fast track the construction of homes in Hawaii. The proclamation was packaged as something that would more rapidly and effectively address the housing shortage for Hawaii’s residents. When we read the Proclamation, however, there were no controls over the value or sale price of the housing and condos that would be rapidly permitted, by the Governor’s Order which gave developers an exemption from the normal permit application process. FOM challenged the Proclamation on behalf of our members because we understood that absent some curtailment on the price point, the developers would build luxury homes and condos, further compounding the housing shortage for the workforce and average local residents. We challenged the order on the grounds that the housing shortage had been developing in this state for the past 30 years because our public officials have not effectively limited luxury development and required the construction of much needed affordable housing for the workforce. Hawaii is a very beautiful place. Kauai the Garden Island is right now suffering from the siege of developers with the effort to construct a new 350 room luxury resort at the site of the former Coco Palms. On the south shore, developer Gary Pinkston and his company Meridian Pacific have nearly 400 units, all luxury, planned with construction underway. FOM’s challenge to the Proclamation was dismissed by the lower court who found against our strong belief that affected residents have the right to challenge such Proclamations. We appealed to the Interim Court of Appeals and then filed a Brief with the Hawaii State Supreme Court asking the Court to interrupt the normal appellant process because the issue was of significant public interest. If we had had to wait for the Interim Court of Appeal to decide the issue, that would have taken another two years. The high court agreed with our Petition to transfer the matter, thereby cutting short the appellant process as we are now right before the Supreme Court of the State of Hawaii. All five justices unanimously signed the Order transferring the matter to their docket. Our legal team needs to be congratulated and hopefully we will defeat the Emergency Proclamation which is nothing more that a veiled attempt to encourage large scale development of visitor industry accommodations.

We have had some successes this year. After our challenge of the KIUC application for what would have been a significant rate hike for Kauai’s residential community, without equal rate increase for commercial and other electric customers, KIUC agreed to a substantial reduction of their rate hike request. We have appealed the County’s approval of Pinkston’s development without a Master Drainage Plan and without compliance with the County Ordinance that requires post development run off not exceed pre-development run off. Our County has that Ordinance passed to protect from the type of flooding that occurs when rain falls on concrete after bare ground is covered by construction and development. On the south shore there is a chronic problem with flooding of the archaeologic site, Kaneiolouma and beach parking lots. In just some of the tropical storms from this past year, cars were flooded and beach goers were unable to park in those parking lots for longer than two week intervals while the County worked to pump out the water. Our ocean is impacted and water quality if affected.

We have also appealed the County’s denial of our Petition to Revoke the Coco Palms permits. At present, despite the fact that Coco Palms Hui, LLC was recently determined to be the owner of the fee simple property of the former hotel site, building permits have been given to RP21, LLC, a separate corporate entity unrelated to Coco Palms Hui, LLC that regained title to the property this past year when the Court of Appeal reversed a 2019 Foreclosure Action.Sometimes it seems there is more to work on that hours in the day. Our coastline island wide is being negatively impacted by development. The coastal beach front just west of Anini has also been adversely impacted by an attempt to block public access and sell exclusive luxury residences. You may recall that the shrimp farm and the ADC agricultural operations are asking for a permit to dump more than 20 million gallons a day of untreated waste water (including pesticides, herbicides and the excrement from 40 large shrimp ponds) through the Kekaha ditch system and out to the ocean. FOM joined with Surfrider and filed a strong objection requesting that the State require these operators to install waster water treatment systems just as the cruise ships have been required to do rather than dump into the ocean threatening the health of both the public and the environment.

Our supporters have been generous and we truly appreciate every contribution. You may still make a tax deductible donation by visiting our website, friendsofmahaulepu.org and using the donate button. You may also mail a check to the address below. We send an acknowledgement letter with our tax id # to every donor as your contribution can be an offset of your taxable income.

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

Posted 11/14/2024

Aloha Friends,

SHARING A FUN & FREE COMMUNITY EVENT

In celebration of King Kamehameha IV and Queen Emma, St Michael’s and All Angels Church, adjacent to the Lihue library, invites the public to a Craft Fair, Bake and Plant Sale 9:00 am – 1:00 pm and free Hawaiian music concert 7:00 pm – 9:00 pm Saturday, November 16.

ENVIRONMENTAL REPORT

The meeting Wednesday November 13, 2024 on the shrimp farm and its potential for significant contamination of the West Kauai beaches and ocean went well. Thanks to all who turned out to testify. Please find the comment presented by FOM, filed with the Clean Water Branch of the Hawaii State Department of Health, below.

Also the testimony filed by Surfrider Kauai through their attorneys at Earthjustice, the testimony of Sierra Club Kauai, and the testimony of Carl Berg, PhD who conducted years of water quality testing collecting data for important court cases establishing the levels of pollutants draining onto the beaches and into the ocean at Kekaha. Dr Berg has personally worked on this operation for the past ten years. All who attended were keen to protect beaches and ocean on the west side as the shrimp farm has asked to increase their wastewater discharge into the ocean from 7 to 20 million gallons, proposing to dump a significant increase of pollutants to the ocean. As you will see from the FOM comment below, based on the scale and the size of the shrimp farm operation, a good food industry for Kauai why not have this operation and the many other ADC Ag operations that drain unrestricted use pesticides, like atrazine, and herbicides into the very same ditch draining across the same beach at Kekaha, be jointly required to build a wastewater treatment system to assure the cleanest possible runoff to the ocean. Cruise ships and other small vessels are no longer allowed to dump waste in waters around the Hawaiian Islands. Since there is a direct discharge to the ocean from all these operations, we ask the State to please consider requiring wastewater treatment. The shrimp emit a lot of waste during their growth and development. If you read the comments attached here, you will learn more about all that is currently draining into the waters of West Kauai. The State Department of Health Clean Water Branch had all of its employees either in person or on Zoom during the meeting and assured the audience they would respond to all of the comments offered before any permit to pollute is given.

We will keep you posted and our legal team is ready to assist if need be. As we approach year end, we have been plenty busy. Your donations make our work possible. Your donation is tax deductible.

Help us as we remain committed to preserving the environmental health of Kauai for people now and in the future.

——– Forwarded Message ——–

Date:	Wed, 13 Nov 2024 16:33:08 -1000
Subject:	Fwd: Comment Proposed Permit Renewal
To:	Darryl Lum <[email protected]>
Cc:	Dee Morikawa, Representative <[email protected]>, Senator Ronald Kouchi <[email protected]>
From:	Bridget Hammerquist <[email protected]>

Aloha Daryl,

The following is the additional testimony offered to supplement our prior testimony of October 2021. Your kind consideration of the following is vital to the health of our beach and ocean. Thank you for your anticipated and consideration of all the testimonies offered today at the public meeting in Kekaha.

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

——– Forwarded Message ——–

Date:	Wed, 13 Nov 2024 16:27:10 -1000
To:	Clean Water Branch <[email protected]>
From:	Bridget Hammerquist <[email protected]>
Subject:	Comment Proposed Permit Renewal

—

Aloha Clean Water Branch,

Re: NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING ON PROPOSED RENEWAL WATER POLLUTION CONTROL PERMIT FOR SUNRISE CAPITAL, INC. NPDES PERMIT NO. HI 0021654 DOCKET NO. HI 0021654

Please accept the following additional testimony filed on behalf of the members of Friends of

Maha`ulepu (FOM), many of whom live on the west side of Kauai and who practice traditional and cultural food gathering in the near shore waters close to the shrimp farm operated by Sunrise Capital, aka Kauai Shrimp. As was testified to at the Hearing today drainage from the shrimp farm operation into Canal D and the KineKine ditch, are contaminating the water sufficiently to cause local fisherman and Limu gatherers to suspend their previous food gathering practices.

FOM strongly objects to the proposed permit for the following reasons:

There is a significant legal issues in the proposed permit which is listed as a “Renewal” but will be given to a new entity which today confirmed they will have a new and different operation from the Dutch Company that previously operated Sunrise Capital.

The application on file for permit renewal does not identify with sufficient specifics how the new owners operation will differ. Generalizations were made but no details. Bottom line, the operation will be under a new company, Laun Family Farms which thus requires a new form 2C application.
The proposed permit does not consider the cumulative impact of the multiple contributors to the drainage running into Canal D and the KineKine ditch.
The proposed permit does not clarify that pollutant testing will be done at the point source of drainage, the pipe that drains the collection of ditches from the shrimp farm into KineKine ditch.
Most importantly, the State appears to adopt a position that they are required to allow this pollution of the waters of the US setting limits based on operator representations rather than any objective testing.
There is no apparent consideration of requiring a wastewater treatment of the effluent that drains Canal D out through KineKine ditch. There are several ADC Ag operations discharging through the same ditch as the shrimp farm. Between the shrimp farm and these operations, it seems reasonable to require the operators to jointly invest in a wastewater treatment plant to most effectively achieve water quality control of what is allowed to drain into the ocean.
The proposed permit and application are deficient in identifying the basis for the operators request to increase the permit from 7 million gallons of wastewater to 20 million gallons of wastewater. Is this increase associated with a plan to line the unlined ditches on the shrimp farm, thereby eliminating the current practice that knowingly loses millions of gallons of effluent into the sand based ditches which then travels laterally to the near shore waters very close to the shrimp farm.
Increased testing should be done from the effluent at the point source, the single pipe that carries the collection from all their ditches to KineKine. That data can then be compared with similar testing of the ADC drainage above the pump station to identify their pollution content, likely supporting need for a joint wastewater treatment system and/or allowing for sufficient data to have an informed NPDES permit that considers the cumulative content of the drainage from KineKine onto the beach and into the Kekaha to Waimea coastal waters.
Under the State Constitution, Articles 11 and 12, we implore the Clean Water Branch to move first to discharge the cleanest possible waters into our ocean where industrial farming is involved. These operations should be able to jointly acquire wastewater treatment facilities and nothing less should be allowed.

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

Posted 11/12/2024

URGENT NOTICE – Shrimp Farm Meeting Tomorrow and CORRECTION on Comment Due Date

Aloha Friends,

In the last email we sent November 8, you received 2 emails sent to Friends of

Maha`ulepu (FOM) informing us of a public meeting tomorrow regarding the proposed pollution permit (National Pollution Discharge Elimination System – NPDES permit) for the Shrimp Farm operation from the State Clean Water Branch, Hawaii Department of Health (HDOH). CORRECTION: Our email stated that Comments on this permit were due no later than November 22, 2024. The Comments are due by midnight November 13, 2024 and can be emailed to [email protected] before midnight tomorrow.

As you may recall from our last email, our concern about the permit the State is proposing to give the shrimp farm is based on the following:

The Shrimp Farm drains its multiple ponds, the waste and genetically modified shrimp larvae in the Kinekine ditch which drains directly over the beach and out to sea without any consideration for the fact that the pollution permit is to be given for drainage that will be compounded by Agribusiness Development Corporation (ADC) drainage of pesticides and fertilizers which will enter the same ditch following the same drainage pattern to the ocean.
A Court Action by Surfrider National produced ample data of the chemical pollutants coming from the ADC farming operation to prompting the decision that the ADC operations are required to get a pollutant permit as well. (Comments on that are due 11/29/24 and also included in our last email 11/8/24).
Both permits are to be given for pollution draining through the same ditch to the ocean without either permit taking into consideration the cumulative impact that is certain to occur because both are using the same drainage system as the same time.
The proposed NPDES permit fact sheet and related documents for the shrimp farm can be viewed here. It does not consider the genetically modified shrimp larvae that are allowed to escape from the shrimp farm ponds, with an unlined drainage system, threatening the Hawaiian shrimp, the Opai with genetic modification through cross contamination from the genetically modified shrimp larvae that are being released into our ocean.
We last objected to the proposed shrimp farm NPDES permit in October 2021. We asked for a public meeting and it took the State 3 years to set one – tomorrow at 10:00 am in Kekaha; not exactly the best time of day to accommodate the public, many of whom will be at work.

The State of Hawaii, Department of Health (DOH), Clean Water Branch (CWB) will hold a public hearing in Kekaha, Kauai regarding the proposed National Pollutant Discharge Elimination System (NPDES) permit renewal for Sunrise Capital, Inc.

Date: Wednesday, November 13, 2024
Time: 10:00 am
Location: Kekaha Agriculture Association Building
7189-D Kaumualii Highway Kekaha, Kauai, Hawaii

Shrimp Farm Permit Fact Sheet and Related Documents

Mahalo nui,

Posted 11/8/2024

Aloha Friends,

The Makauwahi Cave at Maha`ulepu will reopen soon

Many have called. The rumors are plentiful but not true. Don Horner of Grove Farm contacted FOM directly and shared that Grove Farm intends to permanently preserve approximately 7,000 acres of the Maha`ulepu coastline. Steve Case has made a commitment to preserve this area as a community asset. Grove Farm is currently looking for the proper modality to steward a large expanse of coastal property that is probably some of the most scenic undeveloped land remaining on Kauai.

With regard to the Makauwahi cave, Grove Farm did not close the cave. Rather, Grove Farm is actually the entity that applied for the non-profit organization, and created the Makauwahi Cave Reserve. Dr David Barney and his wife managed the cave and had a month to month tenancy for the last twenty years with an extremely minimal rent. In 2024, Dr Birney applied for a Navy grant to develop a bird sanctuary at Maha`ulepu. He did not involve Grove Farm with his application. With the constant trade winds that blow along the Maha`ulepu coast, there is a real question as to the feasibility of a bird sanctuary where the average winds blow at 15 mph daily. Press coverage of Dr Birney’s grant application did not clarify that the grant was not to help the cave. The Navy had been led to believe that Dr Birney had a long term lease for the coastal property which was not the case. After the Navy studied the area, they decided not to award the grant for developing a bird sanctuary at that location. Thereafter, Dr Birney gave Grove Farm notice that he and his wife would be ending his involvement with the Makauwahi cave and would be turning in their keys. There is no question that Dr Birney and his wife devoted their archeological expertise and helped to develop this legacy for Kauai. Dr Birney posted signs saying that the cave was indefinitely closed. In fact, Grove Farm is working now to find personnel who can staff the cave. Don Horner, Grove Farm’s CEO, explained that Grove Farm is especially interested in having this resource be an educational opportunity for school children with a resumption of the field trips that use to occur regularly for schools on Kauai. The following article covers the archeological importance of the cave for Kauai. Grove Farm is committed to the preservation of this site:

Kauai’s clear view into the past – Garden Island

West Kaui Shrimp Farm and ADC Ag lands required to apply for pollution permits

The State Department of Health recently released 2 notices of proposed approval for National Pollution Discharge Elimination System permits (NPDES). The notices did not get released in the Environmental Notice. Rather, State of Hawaii Department of Health (HDOH) sent emails to certain members of the community and suggested that we share the following proposed approvals with individuals that we felt should be informed.

Needless to say, FOM objected to this form of notice because there is a public notice system in the State, the Environmental News Letter that assures notice to a broader community.

The first thing that you will find below this email is our objection to the notice sent as being inadequate. The next email involves the proposed NPDES permit the Agribusiness Development Corporation (ADC) which has already been found to pollute the ditch system in the Mana Plains. After a Court action, it was determined the ADC was polluting and so had to have a pollution permit. Comments are due on the permit application November 29, 2024.

The final email below gives notice of the Shrimp Farms need to also apply for a pollution permit. Unfortunately, as the FOM email below to Daryl Lum indicates, both polluting operations have their pollution discharging to the ocean through the Mana Plains ditch system and primarily the KineKine ditch. Comments on the Shrimp Farm discharge and their application are due November 22, 2024. When the environment is threatened we call for public comment because without your help we can’t preserve our environment and the quality of life on Kauai. Here is a copy of FOM’s Comment filed with the State more than 3 years ago. Nothing substantial has changed in their current application for permit approval. Feel free to use any part of the attached comment when making your comment on the Shrimp Farm permit application.

Mahalo nui,

——– Forwarded Message ——–

Date:	Wed, 30 Oct 2024 17:34:01 -1000
Subject:	Re: Notice of Proposed Water Pollution Control Permit for Outfalls of the Mana Plain Drainage Ditch System
To:	Darryl Lum <[email protected]>, Dee Morikawa <[email protected]>, Senator Ronald Kouchi <[email protected]>, [email protected]
From:	Bridget Hammerquist <[email protected]>
Cc:	cleanwaterbranch <[email protected]>

Aloha Daryl,

Help! Why is the Clean Water Branch sending some individuals the following emails when they have never been published in the The Environmental Notice? After I received the two emails below, I did forward them to Carl Berg, PhD because of his work with Surfrider Kauai and knowing that Surfrider has been directly involved with litigation relating to the need for NPDES permits due to the well documented nitrogen and turbidity pollution from the Mana Plains ditch system outfalls, draining across the beach from one of the main ditches, Kinekine, polluting waters of the US on the Kekaha coastline.

Surfrider has collected abundant data of the unacceptable pollution levels entering the ocean proximal to the Kinekine ditch drainage. ADC agricultural operations drain into the large main Kinekine ditch above the pump station and below the pump station drainage enters the Kinekine ditch from the shrimp farm. There has long been controversy over how much of the contaminants are attributable to fecal waste and turbidity draining from the shrimp farm (pollutants that have been documented there as well) and how much is from the ADC Ag operations. Has the State Department of Health ever conducted water quality testing above and below the pump station? If not, how are the two NPDES permits proposed in the following two emails, one for the shrimp farm and one for the drainage from the ADC Ag operations, going to be determined?

Two years ago when Friends of Maha`ulepu commented on the proposed NPDES permit for the shrimp farm, we requested a public meeting. The west side of Kauai is very important to many beach goers, surfers, military personnel, etc. As the litigation referenced in your most recent notice of October 29, 2024 revealed, the Mana Plains outfalls are from numerous sources and they present a major problem for the health and welfare of our coastal beach and ocean on the shores of Kekaha. They also present serious pollution for the marine mammals and endangered species that habitat these waters.

Please accept this email as a strong objection on behalf of the members of Friends of Maha`ulepu to the setting of a long overdue meeting at 10:00 am on a weekday in Kekaha. Many of our members are working and will be directly excluded from an opportunity to share, contribute and become informed. The timing of the meeting, two years after the request for same, begs the question of just how public this meeting can be. More importantly, many potentially affected citizens are not receiving any notice of the two proposed NPDES permits noticed in the emails below sent to selected recipients. Adding a comment to the signature block asking us to forward the email to those we feel should be informed hardly qualifies as adequate public environmental notice.

There is no question that the two NPDES permits (identified below) proposed for issuance by the Clean Water Branch are integrally related and should not be considered independent of one another.

Please help us to assure adequate notice is given to the public through proper Environmental Notice publication. In a 208 page report from the Department of Hawaiian Homelands the Kinekine ditch was described as a potential important source for irrigation of the planned kalo cultivation projects:

“The Kinekine Ditch runs through the Waiawa Valley area anticipated for lo‘i kalo cultivation, and can potentially be the source of irrigation water” – State Water Projects, Hawaiʻi Water Plan, Department of Hawaiian Home Lands, May 2017.

I look forward to hearing from you at your earliest opportunity. Thank you for your anticipated courtesy in this regard.

Mahalo nui loa,

On 10/29/2024 7:11 AM, cleanwaterbranch wrote:

Aloha,

The Clean Water Branch has posted new information : CWB Begins Public Comment Period from October 29, 2024 to November 29, 2024 Regarding Proposed NPDES Permit for Outfalls of Mana Plain Drainage Ditch System

NOTICE OF PROPOSED WATER POLLUTION CONTROL PERMIT FOR

OUTFALLS OF THE MANA PLAIN DRAINAGE DITCH SYSTEM

NPDES PERMIT NOS. HI 0021940 and HI 0021945

DOCKET NOS. HI 0021940 and HI 0021945

PUBLIC COMMENT PERIOD

October 29, 2024 – November 29, 2024

The Hawaii Department of Health (DOH), Clean Water Branch (CWB) tentatively recommends to the Director of Health (Director) to issue a National Pollutant Discharge Elimination System (NPDES) permit to comply with the judgments of several court cases (see Na Kia‘i Kai, et al. v. State of Hawaii, et al., 2016; Na Kia‘i Kai, et al. v. Nakatani, et al., 2019; Na Kia‘i Kai, et al. v. County of Kauai, et al., 2023; and Na Kia‘i Kai, et al. v. County of Kauai, et al., 2024). The draft permit proposes to regulate and impose water pollution control requirements on the discharge of groundwater from subsurface drainage, including seepage from agricultural field operations and septic systems; agricultural return flows; agricultural drainage storm water runoff; wastewater from industrial operations; and other storm water runoff, including runoff from non-permittee land west of the Waimea site to:

STATE OF HAWAII AGRIBUSINESS DEVELOPMENT CORPORATION (ADC)

AND COUNTY OF KAUAI

A permit for such discharge would expire five (5) years from the date of issuance. The facilities are located at: ADC’s Kekaha-Mana Plains Operations Site at 1‑7189 Kaumualii Highway, Kekaha, Hawaii 96752 and the County of Kauai’s 400-Acre Parcel Waimea Site located at 9281 Kaumualii Highway, Waimea, Hawaii 96796.

In Na Kia‘i Kai, et al. v. County of Kauai, et al., 2024, the settlement requires within three hundred sixty-five (365) days of the agreement, DOH/the Director of Health shall issue one or more draft NPDES permits for all outfalls of the Mana Plain Drainage Ditch System, including but not limited to the outfalls of Kīkīaola Harbor Drain, Kawaiʻele Outfall, Nohili Outfall, First Ditch, Second Ditch, and Cox Drain. Since the agreement identifies all outfalls, the discharge from Dry Ditch is included. The settlement also requires DOH/the Director of Health issue one or more final NPDES permits within one hundred eighty (180) days of public notice of such draft NPDES permit. A detailed summary of these cases is included in the fact sheet. The proposed permit covers discharge(s) from the Mana Plain Drainage System that was disclosed in the NPDES applications to be under ADC and County of Kauai control and contribute point source pollution to Kīkīaola Small Boat Harbor and the Pacific Ocean. The DOH proposes to issue the draft permit to ADC and the County of Kauai as co-permittees given that a portion of the Mana Plain Drainage System owned and operated by the County (which is indistinguishable from the remainder of the system in terms of agricultural activity) drains to the outfall in Kīkīaola Harbor. Therefore, to ensure that both ADC and the County are responsibly managing activities on land areas that they control, both Permittees are responsible for the total discharge from all seven (7) outfalls covered under the proposed permit.

The receiving waters for ADC’s Kekaha-Mana Plain Operations is the Pacific Ocean. The receiving waters for the County of Kauai’s 400-Acre Parcel Waimea Site discharges is the Kīkīaola Small Boat Harbor. Coordinates for the discharge points are specified in the permit.

Copies of the public notice permit recommended by CWB, fact sheet, and other information are available for public inspection, Monday through Friday (excluding holidays) from 7:45 a.m. until 4:15 p.m., at the DOH Clean Water Branch office located at 2827 Waimano Home Road, Room 225, Pearl City, HI 96782 and the CWB Kauai District Health Office located at 3040 Umi Street, Lihue, Hawaii 96766. Copies may be bought. Electronic copies of the proposed public notice permit, fact sheet, and other information are also available online at https://health.hawaii.gov/cwb/clean-water-branch-home-page/public-notices-and-updates/.

The NPDES permit is a federal regulatory mechanism to control water pollution through the issuance of permits. The purpose of issuing an NPDES permit is to implement federal NPDES regulations and State NPDES rules to help protect human health and the environment by legally obligating the permit holders to comply with all requirements specified in the NPDES permit. Persons wishing to comment upon or object to the proposed NPDES permit or to request a public hearing, should read the proposed NPDES permit and fact sheet prior to submitting their comments or requests in writing no later than 30 calendar days after the date of this notice, either through E-mail at [email protected] or by mail at P.O. BOX 3378, Honolulu, HI 96801‑3378. All commentors shall provide their name, address, and email address. All commentors who believe any condition of the proposed NPDES permit is inappropriate or that the CWB’s tentative recommendation to issue the NPDES permit is inappropriate, must raise all reasonably ascertainable issues from the implementing federal NPDES regulations and provide the corresponding citations from Title 40 of the Code of Federal Regulations.

For more information or if you have special needs due to disability that will aid you in inspecting and/or commenting on the public notice permit and related information, please contact Mr. Reef Migita, Supervisor of the Engineering Section, Clean Water Branch, at the above address or (808) 586-4309 (Voice) as soon as possible before the end of the comment period. For those who use a TTY/TDD, please call through Sprint Relay Hawaii, at 1 711 or 1-877-447-5991. If a request for assistance is made after the end of the comment period, the CWB will try to fulfill the request, but cannot guarantee that the request can be fulfilled prior to a final determination.

All written comments and requests received on time will be considered. If the Director determines that there is significant public interest, a public hearing may be held after at least 30 calendar days of public notice.

If CWB believes, after considering all timely written comments and all oral comments at any public hearing that may be held, that no substantive changes to the conditions of the public notice permit are necessary or warranted, then CWB may recommend to the Director that the NPDES permit be issued.

Please notify anyone you know who would be interested in this matter.

DARRYL LUM, P.E.

Clean Water Branch Chief

You can view all active public notices from the CWB at this link: https://health.hawaii.gov/cwb/category/active-public-notices-and-upcoming-public-hearings/.

Should you have any questions about the draft permit and fact sheet, please contact Shane Sumida at [email protected] or Codey Hongo at [email protected].

Mahalo.

Clean Water Branch

Environmental Management Division

Hawai‘i State Department of Health | Ka ‘Oihana Olakino

2827 Waimano Home Road, #225, Pearl City, Hawaii 96782

Office:(808) 586-4309

——– Forwarded Message ——–

From:	cleanwaterbranch <[email protected]>
To:	Poentis, Kris T <[email protected]>
Subject:	Notice of Proposed Permit and Hearing for Sunrise Capital, Inc.
Date:	Fri, 11 Oct 2024 19:09:59 +0000

Aloha,

The Clean Water Branch has posted new information : CWB Begins Public Comment Period and Schedules Public Hearing on November 13, 2024, Regarding Proposed NPDES Permit Renewal for Sunrise Capital, Inc.

NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING ON

PROPOSED RENEWAL WATER POLLUTION CONTROL PERMIT FOR

SUNRISE CAPITAL, INC.

NPDES PERMIT NO. HI 0021654

DOCKET NO. HI 0021654

OCTOBER 11, 2024

The State of Hawaii, Department of Health (DOH), Clean Water Branch (CWB) will hold a public hearing in Kekaha, Kauai regarding the proposed National Pollutant Discharge Elimination System (NPDES) permit renewal for Sunrise Capital, Inc.

Date: Wednesday, November 13, 2024

Time: 10:00 am

Location: Kekaha Agriculture Association Building

7189-D Kaumualii Highway Kekaha, Kauai, Hawaii

The NPDES permit is a regulatory mechanism to control water pollution through the issuance of permits. The purpose of issuing an NPDES permit is to implement Federal NPDES regulations and State NPDES rules to help protect human health and the environment. An NPDES permit imposes restrictions and requirements on discharges of pollutants from sites/facilities. Permittees (entities that have NPDES permit coverage) are legally obligated to comply with the requirements specified in the issued permit.

NPDES permits are solely for the management, regulation, and authorization of point source discharges to surface waters only as allowable under Federal and State water pollution control laws and the Clean Water Act. All other activities and actions, including, but not limited to, land use decisions, whether or not construction or industrial activities should be allowed, business operations, zoning, and non-point source pollution are not under the jurisdiction of NPDES permits. The DOH will not determine the validity or merits of a facility. Issuance of an NPDES permit does not convey any other rights, authorizations, approvals, or any other ability not specified in the permit.

The Sunrise Capital, Inc. facility, located at 6526 Kaumualii Highway, Kekaha, Island of Kauai, Hawaii, first obtained NPDES permit coverage on November 18, 1999. The facility discharges aquaculture-related wastewater to the “Suez Canal” at coordinates Latitude 22°01’05.2″ N, Longitude 159°45’40” W. The facility consists of 40 production ponds, eight (8) nursery ponds, and 24 raceways supplied by four (4) land-based brackish water wells. The daily maximum discharge rate is 7.0 million gallons per day. The facility produces approximately 730,000 pounds of shrimp annually.

The CWB is holding a public hearing in accordance with Hawaii Revised Statutes Chapters 91 and 342D and Hawaii Administrative Rules Section 11-55-13 due to significant public interest generated by the publication of a Notice of Proposed Water Pollution Control Permit for Sunrise Capital, Inc. in The Garden Island newspaper on October 19, 2022. The CWB invites written and oral testimony at the public hearing or virtually online concerning the proposed permit.

Persons who wish to testify are asked to review the draft permit and fact sheet prior to providing testimony and are required to a submit written copy of their testimony. Oral testimony may be subject to a time limit. Written statements will be accepted at the public hearing; by email at [email protected] or hand-delivered to 2827 Waimano Home Road, Room 225, Pearl City, Hawaii 96782, and at the DOH Kauai District Health Office at 3040 Umi Street, Lihue, Hawaii 96766 until 4:30 pm on Wednesday, November 13, 2024; and by mail at P.O. Box 3378, Honolulu, Hawaii 96801-3378, postmarked by November 13, 2024.

Information regarding viewing the draft permit, fact sheet, presenting oral and written testimony, and joining the hearing virtually online can be found on the DOH-CWB website at https://health.hawaii.gov/cwb/active-public-notices-and-upcoming-public-hearings/cwb-begins-public-comment-period-and-schedules-public-hearing-on-november-13-2024-regarding-proposed-npdes-permit-renewal-for-sunrise-capital-inc/. The documents are also available for public inspection, Monday through Friday (excluding holidays) from 7:45 a.m. until 4:15 p.m., at the DOH-CWB offices listed above. Copies may be bought.

For more information or if you have special needs due to disability, please contact Mr. Reef Migita, Supervisor of the CWB Engineering Section at 808-586-4309 or at the above email or physical address at least seven (7) days before the public hearing date. For those who use a TTY/TDD, please call through Sprint Relay Hawaii, at 1-711 or 1-877-447-5991. The DOH-CWB will try to provide the requested arrangements, but cannot guarantee all arrangements can be accommodated by the hearing deadline.

Please notify anyone you know who would be interested in this matter.

DARRYL LUM, P.E.

Clean Water Branch Chief

You can view all active public notices from the CWB at this link: https://health.hawaii.gov/cwb/category/active-public-notices-and-upcoming-public-hearings/.

Should you have any questions about the draft permit and fact sheet, please contact Kris Poentis at [email protected].

Mahalo.

Clean Water Branch

Environmental Management Division

Hawai‘i State Department of Health | Ka ‘Oihana Olakino

2827 Waimano Home Road, #225, Pearl City, Hawaii 96782

Office:(808) 586-4309

Posted 10/9/2024

Aloha All,

Many have asked when there is going to be a gathering where the public can learn more about the restoration of the historic site, what Wailuanui use to be. Below please find a flyer for an educational and music filled event this coming Sunday October 13, 2024. The public is invited to attend the event which starts at 10:00 am, includes a lunch, song, and several interesting guest speakers… an opportunity to learn more about why this area needs to be restored to its pre-motel, traditional site of hawaiian royalty.

Mahalo nui,

Posted 9/24/2024

Support FOM in Court this Wednesday

Aloha Friends,

On Wednesday September 25, 2024, Judge Watanabe will preside over FOM’s Appeal from the recent Planning Commission Decision of March 12, 2024 wherein the Commission decided FOM did not have Standing to seek Revocation of the Coco Palms development permits. Standing to seek administrative remedy from an agency is generally very liberally construed. Even the Kauai County Planning Commission was divided in our case. Three of the commissioners found that FOM did have standing to request County Revocation of the Coco Palms development permits. Planning Commission Chair, Donna Apisa, is a realtor and she happened to be directly involved in the sale of the Coco Palms property to the last “would be” developers, Chad Waters and Tyler Green, the former owners of Coco Palms Hui, LLC. Despite her direct involvement and the involvement of her brokerage, Sothebys, Ms Apisa refused to recuse herself and proceeded to make a record after the Commission made its 4-3 determination that FOM lacked Standing, stating that “even if they had found Standing, FOM would not have prevailed”. Her unsolicited statement, speaking for the entire Planning Commission was rather inappropriate and indicative of her bias.

When you review the link that follows, you will have access to all of the briefings that have been filed for the hearing this Wednesday at 1:00 pm in Judge Watanabe’s Courtroom. FOM supporters turned out for our hearing involving Pinkston’s development on the south shore August 28, 2024. In that hearing, all the attorneys appeared by Zoom as they will again this coming Wednesday. For those who attended August 28, 2024, the Judge took note of the fact that so many were there showing their concern for their community and the environmental health and safety of the south shore and its coastal beaches. The Judge turned to those in the courtroom and thanked them for attending.

We are hoping for a good turnout Wednesday at 1:00 pm as the Judge addresses our Appeal and the legal authorities in support of FOM’s right and Standing to seek County Planning Commission Revocation of the Coco Palms development permits. FOM’s Petition is based on the clear and egregious failure of the latest “would be” developer’s failure to comply/adhere to the conditions of development imposed by the County when they granted their most recent development permit December 31, 2018. Here are nine Declarations filed by FOM members, exemplary of the community’s adverse impact from this latest proposed development by the effort underway at the old Coco Palms site in Wailua.

Link for Briefs for Hearing on Appeal from Planning Commission Decision that FOM had no standing to Petition to Revoke County Development permits for Coco Palms this Wednesday

Attend in person:

Honorable Kathleen Watanabe
5th Circuit Court of Kauai
3970 Kaana St #307
Lihue, HI 96766

Or attend Hearing by Zoom:

Hearing via Zoom
Meeting ID: 546 164 4289
When: Wednesday Sep 25, 2024 ⋅ 1pm – 2pm (Hawaii-Aleutian Standard Time)

Mahalo nui,

Posted 9/23/2024

Aloha Ms Teixeira and Mr Lum,

Friends of Maha`ulepu, (FOM), a community based organization continues to be very concerned about the pollution problem at the Coco Palms demolition site. Please accept this formal complaint and community request that HDOH intervene and take the necessary steps to stop the ongoing environmental abuse.

The linked HDOH reports are not being followed by the on site contractors. Specifically, if you review the links of drone footage taken by FOM, all of which is dated and can be found on our YouTube channel “Restore Historic Wailua”, you will no doubt find that there are piles of crushed/demolished old concrete slab that are very near the fish pond. The developer is referring to this as crushed rock but that is not true. The pond and the deep channel ditch flowing from the property under Kuamoo Road draining into the Wailua river is not being protected. Our members report that straw waddles are not in place around the State waters and there is no 50 foot set back as called for in the inspection report transmitted to the contractor May 10, 2024. See pages 3 and 4, as well as pages 8, 9 &10 where HDOH details what the contractor should be doing to protect waters of the State. Links to the inspection sports of January and May 2024 included here for ease of reference:

20240510 Coco Palms HDOH Inspection Report and Action to be taken by the developers contractor

20231220 Coco Palms HDOH Inspection Report Waters of the State

In addition to links to the last 3 weeks of our drone footage, I have also included a link to our channel on YouTube so that you can access any date you choose to review. There continues to be debris way too close to the fish pond, tidal waters being contaminated by garage flooding and site debris as well as a second waste water pump station release of thousands of gallons of untreated human sewage, a failure 7/11/2024, the second large waste contamination since demolition started. There may have been others that we are are unaware of but hopefully they are being reported to your offices.

Historic Wailua 9/18/2024

Historic Wailua 9/11/2024

Historic Wailua 9/4/2024

Restore Historic Wailua on YouTube

The endangered Hawaiian Monk seals and the protected Hawaiian Green Sea turtles frequent the coastal waters and beach immediately adjacent to the mouth of the Wailua river. As confirmed by these Declarations, the old hotel site and nearby coastline are nesting sites for the endangered Newell’s Shearwater. Our FOM members have also observed the endemic Koloa duck and Nene nesting on site.

Our waters of the State and the US are not being protected and neither are the species that frequent this area. Your linked reports outline what the contractors should be doing but that is not happening. We request your immediate intervention and corrective action to stop the developers abject disregard for the health and safety of our environment and coastal waters. If more information is needed, please feel free to contact us. We are very concerned about the asbestos and other chemical contaminants being dislodged with the grinding of the old concrete slab material that is more than 42 years old.

Thank you for your anticipated assistance in this regard.

Mahalo nui,

Posted 9/18/2024

Aloha,

Not sure if you saw the Notice for the upcoming County workshop October 1-3, 2024 concerning the Wailua/Kapaa area to include a focus on housing and traffic. The Wailua/Kapaa community plan remains way past the time for its development. That effort is starting again. Our County is famous for conducting expensive studies and then failing to implement them.

The link at the bottom of this email will allow you to access the Multimodal Traffic Study 2013. That study was never implemented and now about to repeat that exercise… hoping for a different result?

For all that are impacted by the topics covered in the upcoming workshop, we wanted to bring this to your attention as information developed during the workshop well may make it into the Wailua/Kappa community plan, long overdue.

2013 Multimodal Traffic Study – A study in part designed to evaluate potential relief for the Kapaa – Wailua Crawl.

We encourage your community participation, lest we be left with an even more chaotic lifestyle from overdevelopment.

Mahalo nui,

——– Forwarded Message ——–

From:	County of Kaua’i Public Information Officer <[email protected]>
To:	[email protected]
Subject:	NR 09-18-24 (Community Design Workshops scheduled for East Kauaʻi)
Date:	Thu, 19 Sep 2024 02:23:58 +0000

Having trouble viewing this email? View it as a Web page. DEREK S.K. KAWAKAMI, MAYOR
REIKO MATSUYAMA, MANAGING DIRECTOR News Release For Immediate Release: September 18, 2024 COUNTY OF KAUA‘I DEPARTMENT OF PLANNING KA‘ĀINA S. HULL – DIRECTOR (808) 241-4050 Community Design Workshops scheduled for East Kauaʻi KAPA‘A – As part of the East Kaua‘i Community and Circulation Plan process, community design workshops for Kapaʻa-Kapahi and Wailua-Waipouli are being held from Oct. 1 to Oct. 3. These workshops offer East Kaua‘i residents and property owners a chance to influence the vision for the future development and growth of Kapaʻa and Wailua. The workshops will explore the form and character of East Kauaʻi’s town areas, focusing on topics such as housing, shared spaces, connectivity, and traffic circulation. Participants will have the opportunity to express their views on the desired level of change for each community and discuss strategies for preserving, enhancing, or transforming these areas for both the present and future. The workshop will feature two walk audits, an opening presentation, an open design studio, an open house, and a closing presentation. The schedule is as follows: Event: Opening Presentation and Walking Tour for Kapaʻa-Kapahi
Date: Tuesday, Oct. 1
Time: 8 – 11 a.m.
Location: Bryan J. Baptiste Sports Complex Pavilion Event: Open Design Studio Kapaʻa-Kapahi
Date: Tuesday, Oct. 1
Time: 4 – 6 p.m.
Location: Mahelona Hospital Auditorium Event: Opening Presentation and Walking+Bus Tour for Wailua-Waipouli
Date: Wednesday, Oct. 2
Time: 8 – 11 a.m.
Location: Wailua Houselots Park Pavilion Event: Open House
Date: Wednesday, Oct. 2
Time: 4 – 6 p.m.
Location: Mahelona Hospital Auditorium Event: Closing Presentation
Date: Thursday, Oct. 3
Time: 5 – 7 p.m.
Location: Mahelona Hospital Auditorium Registration Participants are encouraged to register in advance to assist with estimating attendance for the various events. Please note that the walking and bus tour on Wednesday, Oct. 2 has a limited capacity of 30 seats on the bus. To secure a spot for the workshop events, registration can be completed using the following link: https://www.surveymonkey.com/r/V5SX8KV Registrants will receive detailed information about the tour route and recommended attire prior to the event. The workshops will be facilitated by project consultants SSFM International and by sub-consultants, Opticos Design. If you need an auxiliary aid or other accommodation due to a disability, contact Marie Williams at the Planning Department at 808-241-4050 or [email protected] as soon as possible. Requests made early will allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. For more information and to see the full schedule of events, please visit www.plankauai.com. To view the workshop flyer, click on the following link: EKCCP Workshop Flyer. ### Media Contact:
If you are a member of the media with an inquiry for the County of Kaua‘i, its departments or representatives, please email the County of Kaua‘i’s Communications Team at [email protected] to ensure a timely response to your request. Mahalo!

Stay Connected with County of Kaua’i, Hawai’i: SUBSCRIBER SERVICES:
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Posted 9/13/2024

When will it stop?

Aloha,

Development on Kauai:

In a recent records request and with the help of Council Member KipuKai Kauliʻi, it was revealed that between January 2020 and June 2024 (the last 4 1/2 years), our County has issued less than 450 building permits for houses outside resort or visitor destination area (VDA). A little over 100 homes per year and that includes building permits to the very wealthy who are building in non resort areas or VDAs. If that isn’t evidence of why we have a housing crisis for our workforce, I don’t know what is!

Clearly our County has been encouraging and permitting development that is anything but helpful for those living and working on Kauai.

Some Good News About

Maha`ulepu:

Along that line, I have good news to share. Many have been concerned about a rumor concerning a Grove Farm plan to develop at Maha`ulepu. After receiving several inquiries, I contacted Don Horner, Grove Farms CEO, directly and he assured me that the rumor is false! There is no current plan afoot for any development by Grove Farm in Maha`ulepu. For those of you enjoying the improved access to Maha`ulepu Beach and coastline, it would be good to email a note of thanks to Grove Farm at [email protected]

FOM asks the County to stop ignoring its Ordinances/Regulations in favor of developers at the expense and safety of our community:

Please see the following email, following up on a complaint filed one year ago without resolution or meaningful response from our County.

Mahalo nui,

——– Forwarded Message ——–

From:	– Fri <>, 54 GMT <>
Date:	Thu, 12 Sep 2024 19:22:42 -1000
From:	Bridget Hammerquist <[email protected]>
To:	Kaaina Hull <[email protected]>, Planning Department <[email protected]>, Michael Laureta <[email protected]>
Cc:	Mayor <[email protected]>, County Council <[email protected]>
Subject:	When will it stop?

Aloha Kaaina and Kauai County Planning Department Personnel,

Nearly a year has passed since we filed an email complaint with the County Planning Department about the illegal commercial lumber operation on Ag land underway in historic old Koloa Mill by Hawaii Planing Mill, Ltd (HPM). The mill site is registered with the State Historic Preservation Division (SHPD) as set forth in the email complaint filed directly with your office by archeologist Dei Encarnación. Ms Encarnación also filed a formal complaint with SHPD, click here.

Kauai Planning Department served HPM with a Notice of Violation (NOV) and as the emails below from the Planning Department below confirm, your office confirmed “This matter is already under investigation” which in consideration of the NOV indicated that the violation would be addressed and corrected.

Clearly that has not been the case. If you review the link that follows (a 2:38 video), you will find evidence of pallets 4 deep filled with lumber and an active planing mill operation by HPM. As of last week, the lumber, equipment and operating machinery has more than doubled. When the Planning Department initially approved a special use permit for HPM to operate on a 3 acre parcel between the mill and Poipu Aina, that approval was challenged in Court. Judge Watanabe struck the permits issued to HPM. HPM did not Appeal Judge Watanabe’s Ruling. To our knowledge and from the records available HPM chose to move into the old mill site and operate without any permits which it has been doing for the past year.

Now, in the last 10 days, someone has moved a large number of sheep into the area around the mill and pallets of wood, which include pallets that outside of the mill. As you are aware, the mill was determined to be in an unsafe condition because of extensive rust which prevented public activities on site because of the danger of collapse.

Members have complained that the sheep do not appear to have anything to graze on, nor water to drink and they actually broke through the fence to get to surrounding grasses outside the fenced mill area.

Kaaina, you told us if we see things that are Violations, we should complain. What happens to the complaint? How is it that any commercial non Ag and non Ag related operation can continue to do business as normal without any permit to operate? Recently, a woman reported that she had to pull off the road because a HPM truck pulled out of the old mill with roof trusses that had been fabricated at the mill for delivery elsewhere. She did not feel it was safe to remain on the roadway intended for Koloa vehicular traffic. Children were walking to school along the road the truck crossed. When is our County going to stop catering to development and start protecting its citizens with the enforcement of ordinances/regulations that are designed to assure public health and safety. This situation is totally unregulated at present.

Community organizations such as Friends of Maha`ulepu should not be forced to spend hard earned dollars donated by our community and concerned residents to secure County enforcement of the law which should be covered by their tax payer dollars. Lawsuits are expensive and we should not be forced to file lawsuits to assure that our County complies with the laws of the State and the County. A timely response and explanation of what the County intends to do to resolve this obvious violation, once and for all, would be most appreciated.

HPM Continues to Operate and Ignores County Notice of Violation and Cease and Desist Order

———- Forwarded message ———
From: Mike Laureta <[email protected]>
Date: Mon, Sep 18, 2023 at 4:24 PM
Subject: RE: Koloa Mill Violations (KHPRC)
To: Dei Encarnación <[email protected]>

Thank you for your concern. This matter is already under investigation.

Aloha,

Michael Laureta

Planning Program Manager, Enforcement Division
County of Kauai, Department of Planning
4444 Rice Street, Suite A473
Lihue, Hawaii 96766
(808)-241-4071; email: [email protected]

CONFIDENTIALITY NOTICE: This message is covered by the Electronic Communications Privacy Act, Title 18, United States Code, Sec. 2510-2521. This e-mail and any attached files are deemed privileged and confidential, and are intended solely for the use of the individual(s) or entity to whom this e-mail is addressed. If you are not one of the named recipient(s) or believe that you have received this message in error, please delete this e-mail and any attached files from all locations in your computer, server, network, etc., and notify the sender IMMEDIATELY at [email protected]. Any other use, re-creation, dissemination, forwarding or copying of this e-mail and attached files is strictly prohibited and may be unlawful. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. Nothing in this message is intended to constitute an Electronic signature for purposes of the Uniform Electronic Transactions act (UETA) or the Electronic Signatures in Global and National Commerce Act (“E-Sign”) unless a specific statement to the contrary is included in this message. Thank you for your cooperation.

From: Dei Encarnación <[email protected]>
Sent: Monday, September 18, 2023 6:40 AM
To: Planning Department <[email protected]>
Subject: Koloa Mill Violations (KHPRC)

CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting.

Esteemed Kaua’i Historic Preservation Review Commission:

I am writing to you in order to address the unpermitted industrial activities that have been taking place within the former Koloa Sugar Mill on the island of Kaua’i (see attached photos). The mill sits on agricultural land that has been repurposed by HPM Building Supply for construction equipment-related purposes that are not agricultural in nature and that do not commercially support agriculture. HPM had recently been denied permits to develop on an adjacent parcel, and the move into the Old Koloa Sugar Mill has bypassed the environmental impact process and is completely without permits.

The Old Koloa Sugar Mill has been recorded as SHPD Historic Site #30-10-9302, and is a National Historic Landmark listed on the National Register of Historic Places (#66000296). The primary features of the site are the Old Sugar Mill chimney and foundation located at the intersection of Koloa Road and Maluhia Road, however the standing ruins of the mill buildings are a contributing factor to the overall integrity of the site and are a feature on the Koloa Heritage Trail (Ka Ala Hele Waiwai Ho’oilina o Kōloa). Impacts to the former mill buildings result in an indirect effect to these primary features.

The lack of an archaeological inventory survey or other proper procedures prior to the commencement of work is in direct violation of Section 106 of the NHPA, which mandates effects of undertakings on “historic properties” and seeks to avoid, minimize, or mitigate any adverse effects on such properties (36 CFR 800.1(a)).

As you are aware, the use of the site without an AIS or proper permits is in further violation of Chapter 6E of the State of Hawaii Revised Statutes, which states that “before any construction, alteration, disposition or improvement of any nature, by, for, or permitted by a private landowner may be commenced which will affect an historic property on the Hawaii Register of Historic Places, the landowner shall notify the department of the construction, alteration, disposition, or improvement of any nature and allow the department opportunity for review of the effect of the proposed construction, alteration, disposition, or improvement of any nature on the historic property. The proposed construction, alteration, disposition, or improvement of any nature shall not be commenced, or in the event it has already begun, continue, until the department shall have given its concurrence or ninety days have elapsed.” The landowner has neither received permits from the Kaua’i Planning Department nor notified SHPD of the work currently being done at the site.

HPM has altered the appearance of the Old Koloa Sugar Mill site, by painting former sugar mill buildings and placing signs in direct conflict with the historical integrity of the property (see attached photos). To date, no assessment of the current condition or integrity of the mill site has been conducted, and the use of the site by HPM for industrial purposes continues. As an archaeologist and advocate for historic preservation, I am requesting an investigation of the unpermitted development and use of Site #30-10-9302, in an effort to protect the heritage of the town of Koloa and the State of Hawai’i.

Sincerely,

Encarnación, M.A.

From: Bridget Hammerquist <[email protected]>
Sent: Tuesday, September 13, 2023 6:00 PM
To: Kaaina Hull <[email protected]>
Subject: HPM

Aloha Kaʻāina,

Much mahalos for your prompt response. Based on my training and experience, I do understand what you have explained and your approach to this problem is correct. Thank you for your timely investigation of this matter. We do appreciate your empathy for the community’s concern to preserve the safety and quality of life our Koloa residents have had.

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

On 9/13/2023 12:59 PM, Kaaina Hull wrote:

Aloha Bridget,

We have initiated an investigation of this operation. I can appreciate your message and its sentiments. Ultimately, all enforcement actions have to ensure that due process rights are followed, including but not limited for the action to be appealed. These actions do at times result in litigation, and accordingly ensuring that all enforcement actions adhere to specific protocols whereby confirmation, documentation, and notices issued is necessary.

Ka`āina Hull
Director of Planning
County of Kaua`i
4444 Rice Street, Suite A473
Līhu`e, Hawai`i 96766
(808)-241-4050

CONFIDENTIALITY NOTICE: This message is covered by the Electronic Communications Privacy Act, Title 18, United States Code, §§ 2510-2521. This e-mail and any attached files are deemed privileged and confidential, and are intended solely for the use of the individual(s) or entity to whom this e-mail is addressed. If you are not one of the named recipient(s) or believe that you have received this message in error, please delete this e-mail and any attached files from all locations in your computer, server, network, etc., and notify the sender IMMEDIATELY at [email protected]. Any other use, re-creation, dissemination, forwarding or copying of this e-mail and any attached files is strictly prohibited and may be unlawful. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. Nothing in this message is intended to constitute an Electronic signature for purposes of the Uniform Electronic Transactions Act (UETA) or the Electronic Signatures in Global and National Commerce Act (“E-Sign”) unless a specific statement to the contrary is included in this message. Thank you for your cooperation.

From: Bridget Hammerquist <[email protected]>
Sent: Tuesday, September 12, 2023 6:01 PM
To: Kaaina Hull <[email protected]>
Subject: HPM

CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting.

Aloha Kaaina,

No question your job is a hard one. I think you know that the testimonies offered today come from people who really care about this beautiful rural community. We just don’t it overrun with large multiple axle trucks on our narrow two lane Koloa roads. As you heard today, one of our long time Koloa residents was struck by a construction worker on his way to work a few days ago. The truck he was driving came around a curve on one of our narrow two lane roads and hit him head on as he was cycling on the side of the road. He is now in critical care in Queens Hospital on Oahu.

We don’t want over development that obstructs our ability to move around safely in our community. After the hearing today, I couldn’t help wondering why you feel it is necessary to send a code enforcement officer to inspect the HPM operation at the Old Mill. There is no question they are operating on Ag land in an old building that use to support an Ag operation, the processing sugar cane. HPM’s operation, however, is not an Ag operation and is not supporting an existing Ag operation here. HPM is industrial and designed to produce building supplies, trusses, modular walls, etc. So if they acknowledge they are operating and the paperwork filed by their attorney and the owner Declarations confirm they are operating without any permits, why can’t the County issue a Notice of Violation and a Cease and Desist Order now based on their own admission and your knowledge of zoning of the Old Mill property? Isn’t this a zoning violation as a matter of law based on the facts that are not in dispute? Please help us bring some law and order to our community. Residents of Koloa are looking to the Planning Department to enforce Kauai County and State Law.

Please accept this email as a formal complaint on behalf of our many members who live in Koloa and specifically on behalf of our members who live in Poipu Ina, now suffering from the disruption of their use and enjoyment of their adjacent homes. We look forward to your Notice of Violation and Order to Cease and Desist. Please advise us when action is taken.

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

Posted 9/1/2024

Over the Top

Aloha,

Thanks to so many who support our work through their donations without which we would not have the excellent legal team needed to secure the protections for the aina and our people that we have won thus far… stopping:

1. A proposed industrial dairy that threatened to ruin the entire south shore with its voluminous manure production.
2. A 769 unit Hokua Place that would have added tremendous density and traffic to the Wailua/Kapaa traffic corridor.
3. The unlawful diversion of Wai ʻale ʻale stream flow, gaining 100% restoration there now, stopping the unlawful base flow diversion in Waikoko and Lawai streams with sufficient flow restoration to once again restore Opai, Oʻopu and native vegetation to the stream.
4. The proposed KIUC 18.5-19.5% rate hike increase for Kauai residential customers plus more.

Report on our hearing in Court last Wednesday:

I am excited about our real potential to prevail against the Pinkston/Kiahuna Plantation development project for failing to file a true “Master” Drainage Plan. I think we have an excellent chance of either reversal/striking the Planning Commission Approval of their plan and/or achieving the same on Appeal directly from the Supreme Court with a Brief to transfer, after Appellate Briefing is complete, as we did when received the unanimous Supreme Court Decision in Kiai Wai ʻo Wai ʻale ʻale:

1) The County’s failure to take any action to adhere to their Storm Water Run Off Manual is clear and raises pretty obvious irreparable harm to both a registered heritage site and an environmentally sensitive coastline used by thousands each year.

2) The record confirms, per the statement’s of Pinkston’s attorney, Laurel Lou, to the Commission that all they had to do to achieve what was allegedly missing from having a “Master” Drainage Plan was for the developer to identify 2 detention basins. They did that with the designation of 2 TMKs where the topography would afford natural detention/holding undisputed excess water that will run from Pinkston’s parcel once covered with concrete and buildings. One TMK is a basin shaped area owned by the Knudsen Trust. For the life of me, I can’t imagine any intelligent person concluding it appropriate for one developer to plan on using a neighboring parcel to hold excess run off once their property is developed without the consent of that owner, especially since the County SWRP specifically provides that all developments must assure post development run off does not exceed predevelopment run off. The second TMK they designated as a detention basin, is a County owned TMK, Kaneiolouma, a state and nationally registered historic preservation site. It is the only site in the state of Hawaii which has all 5 features of a precontact Hawaiian village (fish ponds, makahiki games amphitheater, remnants of multiple Hawaiian hale, housing and agricultural area for the cultivation of kalo/taro, sweet potato, ulu/bread fruit etc). So, the really great thing our legal team did was to point out that under HRS § 343(5), when a County parcel is to be used for storm water detention, development… an environmental study is mandated.

3) Finally, in the 2nd full paragraph of the reply Brief page 7, Judge Watanabe was keenly interested in our attorney Lance Collins, PhD’s explanation as to why the Planning Commission is without discretion to deny and must grant a Contested Case when requested by a community or its members and there is an obvious potential threat to the environment and or the traditional and customary practices of the indigenous community/applicants who filed the request. FOM’s Request for a Contested Case was amply supported by the Declarations of local residents filed in support of our Petition. Our attorney also did a great job pointing out to the Court that the County Attorney was arguing case law that was not factually similar and therefore inappropriate and not applicable.

One of the more interesting aspects to our challenge of their claimed “Master” Drainage Plan (MDP) is that the same commission found we had standing to request a contested case in July but not in December when they submitted a revised version MDP.

At the end of the Hearing and after the attorneys were no longer on camera, the Judge did turn to the many FOM supporters in attendance and thanked them for coming. If nothing else, the Judge knows we care about our south shore community and our parking lots and heritage sites that flood with nearly every storm. The Judge has promised us a final decision by mid October. We will keep you posted.

Mahalo nui,

Posted 8/27/2024

FOM in Court on Wednesday

Aloha Friends,

Big day in Court Wednesday. Itʻs open to the public and we invite as many of you as can to attend and hear an important drainage argument for the south shore of Kauai. Bottom line, Pinkstonʻs Kiahuna Plantation Drive development at 5425 Pau A Laka has never filed and refused to file a true Master Drainage Plan as required by condition 26 of their development permit.

“26. Prior to building permit approval, the Applicant shall submit a master drainage plan for all lands mauka of Poipu Road rezoned under Moana Corporation Ordinance No. PM-37-79 for Planning Commission review and approval, including Kaneiolouma Heiau.”

After 26, all development of the former agricultural lands in Kiahuna Golf Village were to have drainage plans after 1978 because the County enacted an Ordinance that held “drainage after development could not exceed the parcels drainage prior to development”. Drainage had to be kept to pre-development conditions whether the developer had to build water features, retention ponds, detention basins etc. Why was this law enacted, because everything on our island as with most volcanic islands drains to the ocean threatening the health and safety of our marine life, reefs, waters in which we swim and in which our children play.

If you want to hear more about why we are in Court, you can listen to the following link (a bit over 10 minutes) contains the issues that will be discussed with the Court Wednesday at 1:00 pm. As many of you are aware, the Waiohi beach parking and Kaneiolouma flood and sometimes leaves the water is standing for 5 weeks as it did last April.

Voice Message

If you want to review the Court papers filed by our superb legal team, you can find them all in the following link:

Court Papers

You may attend the Hearing Wednesday, August 28, 2024 at 1:00 pm. It is open to the public and hear what Judge Watanabe does to protect our south shore beaches, its residents, marine life and reefs:

Honorable Kathleen Watanabe
5th Circuit Court of Kauai
3970 Kaana St #307
Lihue, HI 96766

On a more positive note, it is almost the end of August and we have almost met our $25,000 match. Thank you to all the generous GoFundMe donors and donors who have mailed in their donation. We are only $85 short of our goal. We could not do it without your support. On behalf of your the FOM Board of Directors.

Mahalo nui loa,

Posted 8/13/2024

Declining to face the music

Aloha,

1. Notice of Cancellation:Just today, we received Notice that the Agribusiness Development Corporation Board’s meeting set for this Thursday at 9:30 am in the Beck’s Bldg at 718D Kaumualii Hwy in Kekaha has been cancelled.

The cancelled meeting was to review and approve a plan to transfer the leases for the shrimp farm operation on Crown lands from Hawaii Department of Agriculture (HDOA) to Agribusiness Development Corporation (ADC). There are serious environmental issues with this operation that is operating on an expired NPDES permit. The shrimp farm, Kauai Shrimp, owned by Sunrise Capital, a subsidiary of a Dutch corporation, was a large producer of genetically modified shrimp larvae that were exported around the world, in addition to the production of shrimp sold locally. The waters draining from the farm have been chronically polluted running into a ditch that also receives drainage from other ADC agricultural operations, seed farms etc. The polluted drainage has been tested and much data supported the two Surfrider lawsuits shared in our last email. For now the ADC Board has declined to hear the matter and we don’t know when or if it will be re-calendared. In an effort to keep the public informed, you might like to know that the Aloun Farms who recently took over the operation of the shrimp farm has previously been indicted for human trafficking, solicitation and acceptance of payment from foreign nationals to provide labor for their organic farm on Oahu was the subject of a Federal action reported on by Hawaii Free Press in the following link:Human Trafficking: Did the US DoJ Purposefully lose the Aloun Farms Case?In the article, Hawaii Free Press, states that two former Governors and groups supporting organic farming suggested that the organic food produced by Aloun Farms was of such value that “a little slavery should be overlooked”.2. Almost There:

It’s nearly mid August and we are $5,000 short of our $25,000 match. On behalf of our Board, we sincerely appreciate and thank those who have so generously contributed to support our work as we strive to preserve the environment of Kauai.

3. Another Lawsuit is Filed:

FOM has a pending lawsuit against the developers planning to construct a 350 room luxury resort on the site of the former Coco Palms. Our lawsuit is based on the developers failure to comply with the conditions of development, operating under expired permits issued in 2016 and 2017, which by their term were only valid for one year. There is also a problem with title, inadequate infrastructure, and a very outdated traffic study. FOM has been supportive of I Ola Wailuanui, a community based non-profit organization that formed to return the publicly owned State land coconut grove to it’s former natural state, recognizing the historic State and National Registered fish ponds, burial grounds together with other historic aspects of this area that was home to Hawaiian Royalty long before and prior to the site every being used for a hotel. The site has not been a hotel since its destruction by Hurricane Iniki in 1992. On July 26, 2024, I Ola Wailuanui filed another lawsuit against the developers and the Hawaii State Department of Land and Natural Resources because there has never been the Environmental Review required by the Hawaii State Environmental Protection Act. Developers and public officials know about State and National Historical Registered sites on the parcels. They know about the endangered and threatened species including some unique to Kauai like the Koloa duck. They know about sea level rise. The Hawaii State Department of Health (HDOH) in a recent site inspection made a determination that there was direct communication between the premises where the hotel is to be built with the fish pond affected by tides and with a deep drainage ditch that carries waters back to the ocean under Kuamoo Road, with pipes draining from the hotel site into the Wailua River and back to the ocean. The site has also been recognized by the State as a floodplain which, with heavy rains drains through the entire property carrying debris to the river and the ocean. In spite of this knowledge, none of the “wold be developers” have ever been required to comply with the Hawaii Environmental Protection Act, required where State and County lands are involved and where waters of the State and protected species are certain to be impacted because of the enormity of the project. I Ola Wailuanui’s lawsuit calls for a stop to the project until the Hawaii Environmental Protection Act is complied with and the required environmental assessment is properly conducted. We completely support their lawsuit and are pleased that it is being handled by the skilled legal team that also represents FOM. Fingers crossed. It’s not likely the Hawaii State Supreme Court is going to support this total dereliction of duty and disregard for the law while a foreign corporation comes in to capitalize on and further destroy our environmental beauty.

Mahalo nui,

Posted 8/11/2024

A Real Mess

Aloha,

If you can, you may want to attend a meeting held by the Agribusiness Development Corporation this Thursday August 15, 2024 in Kekaha at the Beck’s Bldg 718D Kaumualii Hwy at 9:30 am. Click here for the Meeting Notice and Agenda.Why attend? Our west coast shore is under siege by uncontrolled waste water running into the ocean with toxic chemicals, pesticides and bacteria. For background information, please see the lawsuits that have been filed and advanced by Surfrider in their effort to protect the waters of the State and the US, our near shore waters and ocean. The links that follow report two lawsuits and two settlements which contested the unregulated and unpermitted drainage of seriously contaminated wastewater all along the coast from Kikiaola Boat Harbor past PRMF.There were settlements reached on both Surfrider lawsuits as the following linked articles report. However, the terms of the settlements have yet to be satisfied and Surfrider and is finding it necessary to return to the Court annually to extend the Court’s Order. The Department of Health has not issued a permit to either the Agribusiness Development Corporation for its runoff into the ocean. Nor have they issued the required NPDES permit to the shrimp farm. The shrimp farm previously owned by a dutch corporation was not compliant with either State or Federal law, leading to the unchecked pollution of the ocean beach on the west shores of Kekaha. FOM filed a Comment with the State Department of Health October 20, 2019. To spite our request for a Hearing, a Contested Case to address the unregulated discharge of contaminants from the shrimp farm, there was no response from the State. They took no action at all. See the FOM Comment/Complaint.

Now, there is a meeting to be held in Kekaha whereby the Hawaii Department of Agriculture is transferring its responsibility for the shrimp farm leases on Crown or Ceded lands to Agribusiness Development Corporation, an entity whose pollution along the same coastline is a matter of Court Record and Judicial Order.

If we don’t step up and require our public agencies to fulfill their public trust doctrine of protecting our land and water, how polluted will our waters become?

The dutch corporation that owned the shrimp farm never did get the required permit for their operation, relying on a year to year permit that had expired. After years of polluting the Kekaha coastal waters, the dutch corporation have now sold the shrimp farm to the Aloun Farms, whose founders immigrated to Oahu from Laos in 1977. The Garden Island, see the TGI link below.

The Agribusiness Development Corporation Board will meet Thursday morning at 9:30 am to vote on whether to accept management of the shrimp farm leases previously under the management and direction and regulation of the Hawaii Department of Health and the Hawaii Department of Agriculture. Issues:

Why are there still no current valid NPDES permits issued by the State Department of Health?
As the TGI article details Aloun Farms plans call for adding and developing new species with resultant increase in runoff.
The expired NPDES permit which the State Department of Health has extended for the former owner – is that expired discharge permit transferable to Aloun Farms who will be changing and expanding the operation?
Who will be protecting and enforcing the public trust obligation of the State to protect and preserve a clean and healthful environment which includes clean water, air and land when the leases are transferred to Agribusiness Development Corporation (ADC)?
When is the chronic and ongoing pollution confirmed by the evidence and testing of Surfrider and discussed in our Comment/Complaint filed October 29, 2020 going to end? See FOM Comment/Request for Contested Case attached.
Should an entity that has been sued for its pollution of these same coastal waters manage the leases of another polluting operation?

Please attend. It is our environment which evidently public officials have far too long refused to protect. The impact to the surfers, swimmers and public health risks needs to be addressed.

Aloun Farms to acquire Kauaʻi Shrimp – The Garden Island 8/11/2024

Surfrider Lawsuit Settlement Achieves Clean Water Protections on West Kauaʻi

Surfrider Foundation Challenges Shrimp Farm Pollution in Kauaʻi

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

Posted 7-21-2024

Aloha,

News On Our Match:
Many thanks to so many generous supporters. We are doing it! In the last nine days, donors have matched more than half of the $25k we were offered. Looks like we will be able to fund our projects.Coco Palms Appeal:
For those who may want to follow FOM’s appeal of the County’s Denial of FOM’s Petition to Revoke the Coco Palms development permits for failure to comply with or meet most of the conditions of development required as of December 31, 2018, you can access the Appellate filings by clicking on the following link. Not only are all of the building permits (most issued in 2016, some in 2017) lapsed and void, well beyond the one year from date of issue, but the current developer has done little or nothing to apply for new permits, assuming the County is willing to save them the expense required by Ordinance for all who build on Kauai. They are counting on the County to let them use outdated/expired permits. We remain confident that our appeal will ultimately be successful although we know it will take time and effort by our legal team.Coco Palms Appellate PleadingsAppellate Pleadings from RP21 and Coco Palms Hui, LLC have not yet been filed. We will add them to this link once they are filed.Ballots Have Been Mailed:
More than half of the registered voters on Kauai are women. We only have one woman on the County Council. Not exactly a fair representation of our voters. Please be sure to mark your ballots as soon as possible and consider supporting women like Fern Holland, who had a great article published recently in Civil Beat. Her article was especially timely. Council Member Felicia Cowden has also stressed the need for land owners, especially the former sugar lands, to control the wild grasses increasing the fire hazard on Kauai. Candidate Jeff Lindner is advocating for work force housing. His Civil Beat article discussed the shortage of urban land available for development and offered that Ag lands are being under utilized growing wild grasses/fire fuel when much of that land could be cleared for our much needed workforce and affordable housing.

Fern Holland on Invasive Species & Fire FuelFires Are Plaguing Kauai:
No sooner had the County and many supportive organizations including major support from the land owner controlled the fire that raged between Hanapepe and Kaumakani this past Monday July 15, 2024, only to have another large fire erupt on the east side in Kapahi Tuesday July 16, 2024. Our Fire Departments have been coordinating with rescue teams and helicopters dropping buckets of ocean water on the flames, doing an excellent job for the safety of our residents. When the fire was contained in Kapahi and Kapaa, there was little rest as fires erupted next in Kokee. Once again it was the grasses that had been allowed to grow unchecked on former sugar cane land. See the following link with some compelling photos documenting the fire that soared last night in the ridge line not far from Kekaha. These photos were taken and shared courtesy of Carroll Cox of EnviroWatch, visiting from Oahu.Kokee Fire 07/19/2024Don’t hesitate to share this and all of our emails with friends and family. Thanks to Kauai residents Charlotte Beale, Richard Diamond and others who help us get our message out. Please complete your ballot and mail it is as soon as possible. No postage required. We are able to cast seven votes for County Council. You can, however, strengthen your vote by voting for less than seven and casting your vote only for those who you strongly support. By selecting your only your favorite candidates, you increase their chance of making it through the primary.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

Posted 07/12/2024

Aloha All,

FOM Supporters RespondOn July 7, 2024, we shared our need for your help. Mahalo to all who have responded with generous donations. On July 10, 2024, we were excited to receive a very generous offer. One of our members has offered a $25,000 match for donations made to FOM between July 7, 2024 and August 30, 2024. Receipt of these funds will go a long way to support FOM’s work. As you probably gathered from our prior newsletter describing our pending projects/cases, seventy five percent plus of the funds we receive cover legal fees and costs as we challenge under regulated development along our coastlines and elsewhere that threaten water quality, water quantity and the health of our ocean which, until now, has made us a very popular visitor destination. Help us meet our match. Any questions don’t hesitate to email or call. Please feel free to share this email with family, friends and people who care about our beautiful island.

OUR COUNTY GOVERNMENT IS INTENT ON COMMERCIAL GROWTH AND DEVELOPMENT:Despite severe infrastructure shortcomings in our roads, our wastewater treatment plants with uncontrolled odor and ocean spills, water shortages from deferred maintenance, inadequate storage and under developed plumbing/delivery capability not to mention a critical housing shortage for our workforce, our county planning department is determined to build and support commercial development. One of its latest targets is the east side of Kauai (Wailua and Kapaa) already our most heavily populated area.Read the county’s plan for expansion and development below and feel free to attend the open house to learn more.NR 07-09-24 (Planning Department launches East Kaua‘i Community and Circulation Plan Project, public invited to open house on July 25)

Planning Department launches East Kaua‘i Community and Circulation Plan Project, public invited to open house on July 25

KAPA‘A – The County of Kaua‘i Planning Department is pleased to announce the start of the East Kaua‘i Community and Circulation Plan and invites the community to get involved.

To kick off the project, a community open house will be held from 5 p.m. to 7 p.m., on Thursday, July 25, at “Kalukalu at 1624” Economic Resilience Center located at 1624 Kūhiō Highway, Kapa‘a (also known as the former Otsuka Building). This is a family-friendly event and food will be provided.

At the open house, the project team will share information and findings of early technical studies conducted on the needs of the district. The open house will also provide a space for collective visioning and discussion around the desired future for East Kaua‘i and key issues and opportunities to be addressed in the plan.

The East Kaua‘i Community and Circulation Plan is intended to build on previous community planning efforts from the 2018 Kaua‘i Kākou General Plan with a focus on the unique challenges and opportunities of the East Kaua‘i district. The plan will include guidance for future land use, key policy areas, and capital expenditures through 2045.

“The theme for the island wide General Plan update was ‘Kaua‘i Kākou’, which recognized that we need to work together to plan for our future. This theme rings true for this new district-specific project,” said Mayor Derek S.K. Kawakami. “This process will help to ensure that the qualities that make East Kaua‘i so unique and special are maintained and perpetuated for the future of our island and people.”

To gather public input, the Planning Department is hosting a series of community events including open houses, design workshops, policy review workshops, and targeted outreach to youth, kūpuna, and other stakeholders. The project website will feature virtual open houses, surveys, and other ways for people to engage and provide comments. Mayor Kawakami has also convened a Community Working Group to help guide the planning process with representatives from various sectors, including agriculture, business, culture and the environment, tourism, as well as community representatives from around the district.

The community open house on July 25 is an in-person event that will be paired with an online open house and survey available at PlanKauai.com from July 25 through August 28. Anyone who completes the survey will also be eligible to win one of two $50 gift card prizes.

“This plan is all about community-driven solutions, and we can’t do it without you,” said Planning Director Ka‘āina Hull. “Your ideas and feedback are crucial for shaping a plan that reflects a collective vision for East Kaua‘i. I urge everyone to join us at the community open house and participate in the survey. Your feedback will help us build a more sustainable and connected future for East Kaua‘i.”

A public draft of the plan is expected in 2025. For more information about the East Kaua‘i Community & Circulation Plan process and to sign up for the project mailing list, visit PlanKauai.com or call the Long Range Planning Division at 808-241-4050.

If you need an auxiliary aid or other accommodation due to a disability, contact Marie Williams at the Planning Department at 808-241-4050 or [email protected] as soon as possible. Requests made early will allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.

Mahalo nui,

Posted 5/13/2024

Persistence Pays Off

Aloha,

For those who have been concerned about KIUCs proposed 386 million dollar expenditure for a West Kauai Energy Project (WKEP), we wanted to share the announcement this past Wednesday that our Department of Land and Natural Resources has withdrawn their previous approval for this project (FOM’s attached comment was filed along with many others, strongly opposed).

You may recall that in March of 2023, KIUC proposed a rate increase and served Kauai island rate payers with a notice of their proposed rate increase that was then filed with the Public Utilities Commission (PUC). KIUC’s notice to the public broke down their proposed rate increase by rate payer categories. When we studied the rate payer categories, we learned that residential rate payers were slated to experience an 18.5-19.5% increase in their monthly bills. However the other rate payer categories were not going to be paying anywhere near as much as the increase proposed for residential rate payers.

FOM members and all Kauai residents would have been significantly impacted if the near 20% increase was approved. At the same time, Earth Justice was considering legal action to undo Board of Land and Natural Resources’ approval/acceptance of KIUC’s Final EA for a large West Kauai Energy Project (WKEP) that involved both a large pump storage hydro-power facility and a separate hydro-power facility that proposed to remove 12 million gallons daily from the Kokee watershed.

The first part of the WKEP involved pump storage hydro-power production. It was to use a set quantity of water to be pumped daily using solar power from a large lower reservoir to a large upper reservoir. At night when solar panels would not make power, the upper reservoir would drain back to the lower, creating power after dark. The concept of this would be that the only water replacement would be that required to replace for water that had evaporated.

The second part of the WKEP, using 12 million gallons daily to operate a separate hydro-power plant, would, if developed, remove 4,380,000,000 gallons of water a year from the watershed.

FOM was concerned that the near 20% rate hike for residential rate payers would be helping KIUC fund the $386 million dollar proposed WKEP. Not only was the 20% increase in our residential rates of great concern, but the proposed extremely costly WKEP was planned despite our KIUC Co-op is already carrying a $250 million dollar debt over and above its assets. This fact was confirmed by review of the KIUC financial statements that are posted online after their annual audits. It just didn’t make sense to have this big a project for a small island with less than 33,000 total electrical accounts that would more than double the debt that our rates would be expected to cover.

After FOM successfully intervened in the KIUC PUC rate increase application, a global settlement was reached this past November between the State Consumer Advocate (a State agency whose mission is to protect utility rate payers from exorbitant/unsupportable rate increases), KIUC and FOM. Through that agreement, KIUC will limit any rate increase to not more than 7.99% for all rate payer categories, residential, resort, commercial, etc. FOM’s legal team felt that was a much better result than the rate increase initially proposed and more fairly distributed.

Now, we are equally happy to report that the Department of Land and Natural Resources has withdrawn their approval of the WKEP. See their notice published May 8, 2024 below, greatly benefiting the environmental integrity of Kokee’s watershed.

For those who have generously supported our environmental work and found the FOM donate link was not working, we recently learned that GoFundMe had changed our URL. Please know that we greatly appreciate all of the support we receive as we strive to preserve our islands environmental health.

Mahalo nui,

Posted 5/1/2024

Aloha All,

There was a good turnout last Friday at the BLNR meeting on Oahu to consider the disposition of two State land parcels adjacent to the remnant site of the former Coco Palms Hotel. Many testimonies were submitted in writing, by Zoom and in person. They were all but three in favor of the adjacent properties being made part of a historic park and education center verses being used to support the construction of a large resort hotel that intends to use the parcels for parking and for support of the hotel operation.

Two weeks before the hearing, a tropical storm produced floodwaters on the site that Layton Construction said floated one of their trailers and damaged many of their tools. The developers denied any damage then but I doubt they will deny what happened yesterday was of no consequence. As reported in a Kauai County news release today, at least 6,000 gallons of untreated raw sewage spilled onto the Coco Palms demolition site surrounded by dust fencing, a spill caused by a pump failure in the Waste Water Coco Palms Pump Station just mauka of the old hotel buildings. (the spill did not involve the adjacent State lands that I Ola Wailuanui had hoped to use as a site for the public).

The County’s waste water spill notice is not clear as to where this raw untreated sewage was “pumped down”. While they say it did not contaminate State waters, after a recent inspection by the State Department of Health, developers were told that the fish pond, mauka of the damaged hotel, is “waters of the State”. Exactly how did the wastewater spill, due to the mauka station’s pump failure, not contaminate the fish pond as it rolled into the demolition site? Equally unclear is how the Coco Palms spill area was “disinfected”. We can’t imagine anyone wanting to work on that site for a good while. Perhaps the recent flood of waters, captured in the following Hawaii News Now link, and now a large raw sewage spill will prompt the developer to reconsider their plans for a 350 room luxury hotel on this problematic site. This sites potential for detaining storm water and untreated raw sewage, when the mauka pump station fails, does not bode well for the successful operation of a luxury resort (likely to add at least 3,000 flushes a day, guests and employees, to the already ailing Wailua Waste Water Treatment Plant Facilities).

NR 05-01-24 (Wastewater Spill Notice: Wailua Coco Palms Sewer Pump Station)

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Hawaii News Now Coco Palms Flooding Island News News Coverage after BLNR meeting 04/26/2024 BLNR Meeting 04/26/2024 See start of BLNR hearing on Coco Palms at 1 hour 52 minutesDespite the many known problems associated with this site that has not served as hotel for 32 years, environmental, infrastructure and otherwise, the Land Board voted to release for public auction the largest of the State’s revocable permit parcels. By designating the parcel for public auction, I Ola Wailuanui has an even greater up hill battle to fulfill their plan to use the site as a place where the public can learn about this original seat of the hawaiian royalty, its cultural, traditional and historic significance for Kauai.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

Posted 4/25/2024

Aloha,

Coco Palms and the developers interest in utilizing the State land acreage (two revocable permit parcels and a large coconut grove that would add 14.5 acres to the resort’s 22+ acres of fee simple land) will be heard by the Board of Land and Natural Resources (BLNR) in Honolulu, April 26, 2024. BLNR will also consider an application filed by a non-profit Kauai organization, I Ola Wailuanui, who plan to restore and develop the state lands into a historic public site. The issue before the Board will be whether or not to allow state lands to enhance and support Reef Capital Partner’s RP21 Coco Palms, LLC 350 room resort development. They want the state land to expand the foot print of the new resort hotel they plan to build at the former Coco Palms site.

Friends of Mahaulepu filed strong testimony in support of I Ola Wailuanui’s plan to develop a public site that features and develops the historic properties of these lands, once home to and the seat of the Hawaiian royalty on Kauai. The testimony we filed on behalf of our members to preserve and protect the historic features on the state lands, its environmental health, the Wailua River and the Wailua Beach Park and ocean is below in two separate emails to BLNR. There have been several rather egregious irregularities in the way public officials have dealt with the latest in a string of would be developers, which we invite you to take the time to read as our testimonies below contain facts that all residents should be aware of.

If you want to watch the meeting, click the link below:

Link to watch Board of Land and Natural Resources Coco Palms hearing tomorrow.
Agenda Item D1, likely to be heard after 10:00 am.

If you want to participate and testify, watch the YouTube broadcast and after the Chair announces Agenda Item D1, call 1-253-205-0468 and enter meeting ID #817 0609 2300.

We anticipate that many will testify in favor of the non-profit I Ola Wailuanui. Some of us will be there in person.

The following link includes recent Hawaii News Now coverage on the flooding experienced at the Coco Palms site.

Link to watch Hawaii News Now coverage of flooding at historic Coco Palms

FOM Testimony 1:

Date:	Wed, 24 Apr 2024 18:16:30 -1000
To:	[email protected], [email protected]
From:	Bridget Hammerquist <[email protected]>
Subject:	Ongoing Violations Coco Palms
Cc:	BLNR.Meeting.Notices DLNR.BLNR.Testimony <[email protected]>

Aloha Dawn N. S. Chang,
Director Department of Land and Natural Resources and
Michael Cain, Administrator Office of Conservation and Coastal Lands

When we last appeared before the Land Board there were questions asked of representatives for RP21 Coco Palms, LLC, the current “would be” developer of a 350 room resort hotel on the site of the former Coco Palms resort, destroyed by hurricane Iniki on September 11, 1992. RP21 representative/owner John Day told the Land Board that the use of state lands was not essential to their “restoration of the historic site”. When asked if the coconut palms were an important historic feature of the site, the developer’s answer was equivocal, claiming to not even realize the site was both a recognized property with features of historic significance, fish pond and numerous burials/iwi kupuna. The property is also included on the National Historic Registry. The developer’s responses December 15, 2023 suggested that the removal of the coconut palm trees was something done in the recent past as Mr Day suggested that the developer now intends to be a good steward and do things right to preserve this significant historic site.

In sharp contrast to that assertion, I invite you to review the inspection report from the Department of Health, released just 5 days after the Land Board last met to consider the Coco Palms development. In its report, you will see numerous photos taken by the DOH site inspection team. There are also development maps offered by RP21 Coco Palms, LLC that identify intended development on state land despite their claim that the state lands were not “essential” to the restoration plans. Of great concern, however, were the developer’s submittals marking numerous coconut palms with a red X to indicate more coconut palms intended for removal as of November 2023. See pages 9-11 in the DOH report. This is well described as well as other violations which I believe you will find of interest since the report was prepared after an unannounced inspection by a sister State Agency. There are also photographs of areas that have been cleared of any trees earlier with pictures of root balls and stumps. DOH photographs also document the heavy ground disturbing equipment on site and the trailers and structures that were not admitted to when responding to Land Board Member question on December 15, 2023. Nearly one acre of vegetation remains on conservation land off Koki Road. It is not obvious that you would otherwise receive the report. Since it contains evidence of multiple environmental violations ongoing at the end of November 2023, during the DOB inspection, which you also addressed in your letter of April 19, 2023, we share the Hawaii Department of Health Clean Water Branch Complaint Inspection Report in the event you have not previously received this report.

Mahalo nui,

Bridget Hammerquist

FOM Testimony 2:

Date:	Wed, 24 Apr 2024 22:49:51 -1000
Reply-To:	[email protected]
To:	BLNR.Meeting.Notices DLNR.BLNR.Testimony <[email protected]>, [email protected]
From:	Bridget Hammerquist <[email protected]>
Subject:	Agenda Item D1 in Strong Support of I Ola Wailuanui

Friends of Maha’ulepu friendsofmahaulepu.org 4/24/2024

Aloha Chair Dawn NS Chang and Members of the Board of Land and Natural Resources,

RE: Approve One or More Dispositions to Applicants RP21 Coco Palms LLC and/or I Ola Wailuanui, Inc. and/or Sale of Lease at Public Auction, or No Action for Parcel B, Wailua, Kawaihau, Kauai, TMK: (4) 4-1-003:017. Approve One or More Dispositions to Applicants RP21 Coco Palms LLC and/or I Ola Wailuanui, or No Action for Parcel C, Wailua, Kawaihau, Kauai, TMK: (4) 4-1-005:017.

Please accept this testimony offered on behalf of all the members of Friends of Maha’ulepu which include nearby residents of the historic Coco Palms site as well as more than 1,000 members who reside island wide. We strongly favor public access, use and disposition of the State lands which are on the agenda for consideration by the Board of Land and Natural Resources (BLNR) Friday, April 26, 2024.

Agenda item D1 could not have been presented in a more confusing manner. Staff have masterfully offered five potential options/actions by the BLNR for revocable permits on parcels identified as B (TMK: (4) 4-1-003:017) and C (TMK: (4) 4-1-005:017). Not only are these five options confusing but they are once again weighted to benefit RP21 Coco Palms, LLC because when the option gives use to I Ola Wailuanui, the 501c 3, an applicant for these lands, they always provide that I Ola Wailuanui will be subject to an easement right/co-sharing of the parcel with RP21 Coco Palms, LLC. The converse, however, is not true! When the use is to be approved for RP21 Coco Palms, LLC, it is not suggested that I Ola Wailuanui will have an easement right.

We strongly support and recommend that BLNR approve I Ola Wailuanui a one year month to month revocable permit (RP) of parcels B and C, an entity that is not in violation or under investigation for violation of any county, state or federal laws. Affording I Ola Wailuanui a one year month to month revocable permit will allow the BLNR to evaluate the public benefit derived from the proposed historic preservation of this sites ancient past and connection to Hawaiian royalty, a history that spanned hundreds of years. It only really operated as a resort hotel between 1972 and 1992. Even during that time, as one of the descendants children, Ivan Ako, stated in the Declaration, the hotel had a lot of problems with ground water flooding that required sump pump operation 24 hours a day, 7 days a week. (See Declarations filed in support of a Petition to Revoke the County Development permits).

Offered for your consideration and material to the public’s interest is a Kauai County Council Resolution adopted by a majority of Council Members in response to substantial public outcry and objection to any resort development at the former Coco Palms site because of significant infrastructure short comings; traffic, waste water, threats to endangered sea birds and endemic species, sea level rise and threat of county beach park and state land encroachment that will likely adversely impact this historic and revered coastal land and the quality of life for residents of Kauai. When Kauai County Council met, the clear wording of the Kauai County Resolution supports public versus commercial use for the State lands at issue, see May 2023 County Council Resolution here. Under the laws of our State and Hawaii Constitution, State lands are given a preference for public use. Consequently, while development permits are vested with the County for the fee lands, BLNR can and should support public use over commercial use of the nearby state lands. The BLNR is not obligated nor does the law support preferential treatment of a commercial enterprise over the public use and enjoyment of State lands especially those with significant historic roots.

This is especially true when it comes to Agenda Item D1 for Friday which was Agenda Item D6 in December 15, 2023. The developer’s representative, John Day, made it abundantly clear when he responded to questioning by the Land Board that the State lands were not essential or necessary for their development of a resort hotel on the former Coco Palms fee simple lands:

BLNR Meeting December 15, 2023 Agenda Item D6

01:22:00
Chair Chang asks “Are these three. Are these three State parcels are they critical to your development”.

John Day responds “They are not essential and itʻs fair to call it a development Chair, we think of it as a restoration of a property that is on the Hawaii Register of National of Historic Places and so we think of it as a restoration of a historic site but I understand but I understand your meaning when you refer to it as development. Yes we will restore the historic Coco Palms regardless of what happens with these three parcels, they are not essential to restoring the historic Coco Palms. You know that being said, they are valuable um to the public in terms of providing parking um to the public and access to the public which we will provide. But they are not essential to restoring the historic Coco Palms”

Chair Chang “My followup question. Have you represented to the County in your development plans that these parcels these three revocable these three parcels are part of your project?”

John Day “Well I mean, they are part of our site plan. Our hope is to be able to use these parcels as part of the restoration of the historic Coco Palms. They are not essential to the project. The project will move forward either way”.

Chair Chang “So since they have been on your site plans, if you do not get these three RPs does that jeopardize your approvals before the County?”

John Day “Iʻm not aware that it would”.

Chair Chang “One final question. You mentioned the historic, you were here to restore the historic Coco Palms. Itʻs not a development. The Coconut trees that were cut down, you understood that those were part of the historic property”.

Mauna Kea Trask interrupts “Chairman”

Chair Chang “Iʻm going to ask Mr Day. If he cannot answer the question Mauna Kea, thatʻs okay. Thatʻs okay but Iʻm going to ask Mr Day. Are you? Cause you are the principal now. You represented to us that you are going to steward these lands and that you, you are here, you are present and I appreciate that you are present. So I am going to ask you the question. Did you understand that the coconut trees that were cut down were part of the historic property and the historic character and nature of the property?”

John Day “Well thatʻs a, thatʻs a long conversation. Um”.

Chair Chang “Just yes or no?”

John Day “At the time the trees were cut down no one on or team, and I mean we had archeological monitors, right, people who had worked at SHPD for a couple of decades. You know. People who were very experienced and No one was aware the previous owner had put the property on the Hawaii register of historic places. So they were unaware. Cause remember we foreclosed in 2022. Thatʻs when we took over. The previous owner that we foreclosed on put the property on the historic register. With respect to those trees, we were unaware that it was on the Hawaii historic register.”

Ends 01:26:00
BLNR December 15, 2023

Absent BLNR approval of RPs for parcels B and C for I Ola Wailuanui, we strongly support and recommend no action by BLNR at this time because of the following irregularities that have casts a negative and biased pall on this process.

Historic Background

Coco Palms Ventures, LLC, a Delaware Corporation that purchased the fee simple lands of the former Coco Palms Resort in 2006 from PRII (Prudential) was the last entity named on the State lease for the coconut grove and the three State RP parcels under consideration. In December 2023, Coco Palms Ventures, LLC interest in the RP parcels A, B and C, were terminated by BLNR Action. The lease between the State and Coco Palms Ventures, LLC was assigned by Coco Palm Ventures, LLC to PRII who then assigned the lease to Coco Palms Hui, LLC. While BLNR approved the assignment, there was never a transfer of the lease and the RPs were never put in the name of Coco Palms Hui, LLC. As Mr Tsuji explained when BLNR met April 14, 2023 Coco Palms Hui, LLC, never produced/provided the tax clearance and other documents necessary to perfect the prior Board approval. The coconut grove lease is still in the name of Coco Palms Ventures, LLC, an entity whose Hawaii State registered status was terminated December 4, 2017. None of the existing Coco Palms entities have any relationship with Coco Palms Ventures, LLC. When Coco Palms Ventures, LLC (Ventures) experienced financial hardship and were unable to satisfy the terms of Prudential’s sale of Coco Palms to them, they returned a deed to Prudential in lieu of foreclosure. Thus, the prior BLNR approval of an assignment from Ventures back to Prudential who then was assigning their interest to Coco Palms Hui, LLC was never perfected: Russell Tsuji at 53:40 BLNR April 14, 2023

Not only did Coco Palms Hui, LLC fail to pay property taxes on the RP lands from 2017 to 2023, but as Alison Neustein reported April 14, 2023, she was sending out a Notice of Deficiency for failure to pay property taxes during the same interval on the State leased coconut grove land. See Alison Neustein’s comments at 58:00 in the above link.

This is where the irregularities began. Ms Neustein did not send the Notice of Deficiency to attorneys for Coco Palms Hui, LLC and I Ola Wailuanui, rather she directed the Notice of Deficiency to Mauna Kea Trask depriving I Ola Wailuanui a fair and equal opportunity to satisfy the deficiency. Rather, staff indirectly selected the applicant who would be allowed to cure the deficiency and ensure the State land parcels while ignoring I Ola Wailuanui’s application that had been filed at the same time in February 2023.

Reef Capital through its loan servicing entity Private Capital Group (PCG) initiated foreclosure proceedings against Coco Palms Hui, LLC and its operators Chad Waters and Tyler Green who had also signed a personal guarantee for the loan brokered to them by PCG representing 6 or 7 Reef Capital investors. When the foreclosure proceeding was conducted, it was conducted by PCG, an agent for the lender.

Coco Palms Hui, LLC challenged the foreclosure in the Appellate Court along with their loan broker Paul Honkavaaro. That challenge has been on appeal since 2022. RP21 received a commissioner’s deed to the fee parcels in the course of the foreclosure proceeding, leaving Chad Waters, Tyler Green and Coco Palms Hui, LLC with a foreclosure appeal as their only asset.

In March of this year, the Reef Capital Lenders agreed to release Chad Waters and Tyler Green from their personal guarantee of the loan to buy the fee property from Prudential. In return, Chad Waters and Tyler Green agreed to dismiss their appeal and the only entity still contesting the foreclosure against Coco Palms Hui, LLC is Mr Honkavaaro.

In the meantime, Coco Palms Hui, LLC has no assets and owns nothing in fee.

Friends of Maha’ulepu filed a Petition to Revoke the Coco Palms permits for violations of many of the County permit conditions. In April 14, 2023 BLNR meeting, Ms Neustein Exhibit E, which shows that all the building permits have expired, most as of June 27, 2023. The Planning Director’s report, admits that many of the development conditions have not been met but it was his recommendation that the Planning Commission not revoke the development permits.

The second major irregularity in this matter occurred at the Planning Commission hearing March 12, 2024 when Mauna Kea Trask produced a lease that he suggested to the Planning Commission was about to be signed by this Board.

See the AG “Approved as to form” lease which Ms Neustein was instrumental in obtaining and delivering to Mr Trask. This document was produced less than a month before our Petition to Revoke hearing. Ms Neustein was not identified on the agenda as someone the Commission would be addressing. She appeared at 4:00 pm after an all day proceeding before the Kauai County Planning Commission and went into an Executive Session without prior notice to the public. Friends of Maha’ulepu objected to her entry into the Executive Session and we were told that she was there to help the Planning Commission understand the workings of the BLNR. When the public was brought back into the hearing, it was clear the Executive Session discussion was about the lease and Commissioner Ako actually asked Ms Neustein on the record if it was possible that BLNR would not sign the lease that she and Mr Trask were representing as an “all but done deal”. She responded that she couldn’t imagine that happening as she hadn’t seen that before. The exchange between Planning Commission Ako and Ms Neustein occurred during the last hour. March 12, 2024 Planning Commission Hearing on Petition to Revoke Coco Palms development permits.

One big problem, the lease presented to the Kauai County Planning Commission is in the name of Coco Palms Hui, LLC, an entity that owns none of the fee lands. Consequently, their status is similar to that of I Ola Wailuanui, in that they are also not an owner in fee property adjacent to the State RPs or coconut grove. Unlike I Ola Wailuanui, they do not have a public interest in restoration of the property for its public and historic benefit. The former Coco Palms Hui, LLC, a bankrupt entity with no ownership interest in the lands adjacent to the State lands, would not likely be an entity to be awarded the State coconut grove lease. However, when Mr Trask and Ms Neustein presented the Unsigned Unapproved Alleged AG Lease to Coco Palms Hui LLC dated 02/13/2024, it sure muddied the waters on our Petition to Revoke Hearing. At the end of the hearing, the Planning Commission found that Friends of Maha’ulepu had no standing to bring the Petition to Revoke. We have since filed an Appeal of their Decision on our Standing and have also appealed the irregularity associated with Ms Neustein’s entry into the Executive Session. Please see the objection we filed to that irregularity which was filed prior to our Notice of Appeal.

Mahalo nui,

Posted 3/25/2024

Aloha,

In our last email, we shared that Judge Valenciano would be hearing a procedural motion last Thursday March 21, 2024. Basically, the County was complaining that they needed more time to oppose our motion for Preliminary Injunction. We filed a motion because the County has refused to require Gary Pinkston to comply with the grading ordinances 22-7.9 and 22-7.13. When Meridian Pacific and Pinkston received their grading permit March 23, 2022, the permit itself, on page 2, informs the permit holder that absent a request for extension, the permit will expire one year from the date of issue. Ordinance 22-7.13 states that all grubbing and grading permits shall expire one year from date of issue. Expired permits are addressed under 22-7.9(d) and applicant is told that they can apply for a renewal of an expired permit.Another problem, in this case, is that when a subdivision is planned as with Meridian Pacific development on Kiahuna Plantation Drive, the developer is required to obtain tentative subdivision approval from the County before they can even get the permit. Pinkston and Meridian Pacific did get tentative subdivision approval 8/10/2021, over our objection due to endangered species, caves and burials that were likely to be adversely impacted. That permit was only good for a year, however absent a request for extension which Meridian Pacific and Pinkston failed to do. On September 12, 2023, the Planning Director told the Planning Commission that their tentative subdivision approval was void as a matter of law.In excellent briefs filed by our attorneys (links below) supporting the request for injunction, a prolonged stop to any work at the Kiahuna Drive development site, we document that Pinkston’s subdivision approvals are still void and no new application has been filed with the County. He has been using explosives, doing mass grading, and pouring concrete without the proper permits, ignoring burial mounds and at least 5 endangered species that have been seen on his 28 acre parcel.When we appeared before Judge Valenciano last Thursday, he declined to give the County any more time and he told us to be ready this Thursday as he intended to rule on this motion. The Judge said the questions was pretty simple: “Do they have a valid permit or not?”.Even though the developer has never denied what they are developing is a subdivided property, the County tried to muddy the waters by saying it was just a grading permit not tied to a subdivision. That was the County Attorney’s attempt to get around the fact that the tentative subdivision approval was now void and the approval is required to obtain a valid grading permit and the date must be noted on the grading plans. That argument is not going to work. The Judge is going to have some fun. Even if it were a mass grading permit, unrelated to a subdivision development (which this is not), ordinance 22-7.13 states that all grading permits shall expire one year from the date of issue if the party does not make a request for extension much like the tentative subdivision approval ordinance. The grading ordinance also states that a grading permit shall be void one year from the date of issue.While the developer can request an extension or “upon application” seek renewal of an expired permit, they do need to go through the steps of doing so by filing the required application, providing all the information requested in 22-7.9.What did Pinkston and Meridian Pacific do in this case? Nothing for six months. Then they walked into the County on 9/7/2023 with a check for $15,200 six months after their grading permit had expired March 23, 2023. They are now attempting to characterize the September check as a payment for extending their permit for March 23, 2023 to March 23, 2024. Look at the crossed through dates on the payment receipt that follows. We know they did nothing for six months because the engineering staff person originally thought their permit ran from 9/7/2023 to 9/6/2024 and he made a note to that effect on the receipt. That wasn’t the case. They let their March 23, 2022 permit expire in March 2023. It’s void and even though we asked for every document Public Works has regarding the grading permit for the Kiahuna Plantation Drive development, Public Works has not been able to produce any new application or mass grading plan as required by ordinance section 22-7.9.The public is welcome to attend this coming Thursday at 1:00 pm. It should be an interesting hearing. If you can attend we will see you there at District Court of the Fifth Circuit, 3970 Kaana Street, Suite 210, Lihue, HI 96766-1282.
Reply Brief in Response to County Public Works Opposition to FOMs Request for Injunction Reply Brief in Response to the Developer Opposition to FOMs Request for InjunctionMahalo 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

Also

Aloha,

FYI.

——– Forwarded Message ——–

Date:	Thu, 21 Mar 2024 18:29:53 -1000
To:	Michael Moule <[email protected]>
From:	Bridget Hammerquist <[email protected]>
Subject:	Request for Contested Case

Aloha Michael,

Please accept this email on behalf of the members of Friends of Maha`ulepu and the membership of Save Koloa which number more than 1,000 individuals keenly interested in the preservation of a clean and healthful environment of the south shore of Kauai. These Declarations (Silva, Kaohelaulii, Okinaka and Hammerquist) detail and confirm the traditional and cultural practices and interests affected by the development of TMK 4-2-8-14-32. Based on the interests of our members and constitutional rights to a clean and healthful environment which is being abridged with the development of a portion, Lot 1 of this TMK, we request a Contested Case Hearing before any grading or grubbing permit is reissued for the subject property.On March 22, 2022, Bryan Wienand, Public Works Civil Engineer V issued the grading permit, and the developer was charged a permit fee of $1,520,000. According to the permit, the developer paid 1% and covered a bond that insured the payment of his grading permit fee obligation. Under the provisions of the County’s Grading Ordinance, the grading permit expired and was void as of March 23, 2023. The public has continued to complain about the illegal grading of this site. Their complaints have been made to the Planning Commission and you have been in attendance at Planning Commission meetings where abundant public testimony was offered objecting to the use of explosives, disturbance of subsurface artesian springs and the habitat otherwise suitable for the blind cave spider and the blind amphipod who were identified and mapped on a property immediately adjacent with similar features: soil depth of less than 12 inches, primarily rocky soil, confirmed by Geolabs to have likely voids and mesocaverns (per their report filed with your office 2021) with at least 5 endangered species of endemic birds (Pueo, Koloa Duck, Nene as well multiple sea birds) on the subject parcel per US Fish and Wildlife Services. There are also burial mounds that were identified on the parcel by Cultural Surveys Hawaii with at least one of the Declarations (Silva, Kaohelaulii, Okinaka and Hammerquist) attesting to their relative buried on the site.

County Ordinance Section 22-7.13 Expiration of Permits specifically states that a grading permit “shall expire and become void one (1) year after the date of issuance”.

“(a) Every grading or grubbing permit shall expire and become void one (1) year after the date of issuance.

(b) Every grading or grubbing permit shall expire and become void unless the work permitted therein is started within six (6) months after the date of issuance, or if the work is suspended or abandoned at any time after the work is commenced for a period of ninety (90) days. Before the work can be recommenced, a new permit shall first be obtained to do so and the fee therefor shall be the fee as specified in Section 22-7.12. Permit fees for an expired permit shall not be refunded, even if no work has commenced.”

The expiration ordinance clearly states that if the one year is allowed to lapse without an extension, the permit is void and a new application must be filed with the payment of a new fee. The ordinance further provides that there will be no refund on the fee, if the permit lapses before the work is completed.

In July 2023, the Planning Department referred a similar lapse in the tentative subdivision approval granted August 10, 2021 that lapsed August 10, 2022 without an application for an extension. On September 12, 2023, the Planning Commission received the County Attorney’s Opinion that the tentative subdivision approval for this parcel had lapsed one year from the date of its issue because there was no application for extension prior to that permit becoming void. The same finding was made for this same developers Kukuiula tentative subdivision approval which expired one year from its date of issue in early 2022. Thereafter, Meridian Pacific and Gary Pinkston applied for a new tentative subdivision approval for the Kukuiula development. No renewal has been made for the Kiahuna subdivision at 5425 Pau A Laka Street and Kiahuna Plantation Drive. It is our position that no grading permit exists and none can be issued without a new application as specifically required in Section 22-7.13b. Once a new application is filed, the public works engineer can issue a new permit, renewing their grading permit for one year from the date of re-issuance.

We recently received the County Attorney’s Opposition to our Motion for Preliminary Injunction. In that Motion, they included a “Renewal” of the grading permit supposedly approved in September 2023, the same month as the County Attorney’s Opinion on the meaning of “Void” in the tentative subdivision approval permit ordinance. That September renewal is illegal because the applicant’s permit lapsed one year from the March 23, 2022 date of issue without any application for an extension of that permit period. Once void, the applicant has to comply with subsection B and file a new permit application, paying the associated fees, before they can seek renewal under subsection D. Gary Pinkston/Meridian Pacific and each of the owner/applicants are legally required, either directly or through an agent, to reapply for the grading permit and pay a new fee for same, which is called for when the applicant allows the one year period from issuance to expire. If and when Public Works does receive an application for the issuance of a new/renewed grading permit for TMK 4-2-8-14-32 (Lot 1, 23.78 acres, a subdivision of the full lot), please accept this email as our request for a Contested Case before any legal permit is issued by Public Works.Pertinent Provisions from the March 23, 2022 grading permit:

““
Page 3″“
Page 9

“THIS PERMIT WILL EXPIRE IF WORK IS NOT STARTED WITHIN 6 MONTHS AFTER THE DATE OF ISSUANCE OR IF WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 90 DAYS OR ONE YEAR AFTER THE DATE OF ISSUANCE.” Page 2

Link to PetitionMahalo 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 3/21/2024

Aloha,

Coco Palms Update
Last week Tuesday, March 12, 2024, we appeared before the Planning Commission. Last week Tuesday, March 12, 2024, we appeared before the Kauai County Planning Commission on FOM’s Petition to Revoke the Coco Palms development permits. That development has been through the hands of at least 8 developers and nothing has been developed in nearly 32 years since the Coco Palms Resort was devastated by Hurricane Iniki. Trying to restore a hotel at that site will definitely impact the environment of Kauai and there is little question that the infrastructure to support a 350 room resort is seriously lacking. Native and endangered sea birds, a historic fish pond, rising water table with sea level rise and the probably run off of waste water during construction and thereafter via the deep channel ditch that runs behind the Coco Palms and under Kuuomo Road, ultimately drains into the Wailua River, which empties into Wailua Bay. The Wailua Waste Water Treatment Plant is plagues the area with noxious odors all the way from Lydgate to the Shell Station and per our Kauai County Environmental Assessment is known and admitted to have raw sewage escaping into the bay. Here is a copy of Director Hull’s report presented to the Planning Commission last week. In it, he admits that the most recent and prior developers have not satisfied the conditions imposed by the Planning Department since the development permits were last issued, dated 12/31/2018. Conveniently, Planning Director Hull found that their violations weren’t sufficient to support revocation of the Coco Palms development permits. After 9 hours of testimony, the Planning Commission first addressed whether or not the parties had standing. Three commissioners; Gerald Ako, Helen Cox, and Jerry Ornellas found that FOM did have standing to file the Petition to Revoke. The remaining four including Donna Apisa, who served as a realtor on one of the purchases and sale of Coco Palms between developers, voted against finding that FOM had standing to file the Revocation Petition with the County Planning Commission. There were several irregularities with the meeting and a private individual was taken into the Executive Session without prior notice to the public. Bottom line, it’s not over yet.

Court Tomorrow before Judge Valenciano 1:00 pm County Courthouse, 3970 Kaana St, Lihue

Pinkston/Meridian Pacific Update
You may recall that there has been a lot of controversy over Pinkston/Meridian Pacific’s 280 unit proposed condo construction on Kiahuna Plantation Drive. There was grading without biological clearance, underground explosives were used for more than 8 months in an area known to be home/habitat for at least 5 endangered sea birds with a prior geological survey that found underground artesian springs, voids and shallow soil with rock formations that previously had been recognized as habitat for the endemic endangered blind cave spider and blind amphipod. There are already drainage issues on the south shore and much to our surprise, the County approved a drainage plan that actually contains a provisions that the developer intends to rely on the registered historic archeological site, Kaneiolouma, as a natural drainage basin for the increased run off which they know will occur once Pinkston’s 28 acres is covered in concrete.

This entire issue has received significant media attention in the last few weeks. In case you missed it, here are links to brief but thorough news articles. The first link that follows is a good interview with our attorney Bianca Isaki that aired yesterday multiple times on Hawaii Public Radio.Hawaii Public Radio Bianca Isaki’s Interview 03/19/2024 On either end of the state, opposition is growing against planned development projects Hawaii News Now 03/07/2024 Construction of Kauai luxury condo on hold after backlash from activists – Hawaii News Now 03/11/2024 Native Hawaiians battle Bay Area developer over Hawaii cultural site SF Gate

SF Gate Update W/County Response

Tomorrow Judge Valenciano is hearing the County complain about service and argue for more time to address their failure to require Pinkston/Meridian Pacific to have proper permits to support the construction ongoing at 5425 Pau A Laka at Kiahuna Plantation Drive. Not sure how it will go. The 1:00 pm hearing is open to the public and you are welcome to attend in support of FOM.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

Posted 3/11/2024

Aloha,

Here is a copy of the Court Order issued today granting a stay against any further construction on the Meridian Pacific development in Poipu on Kiahuna Plantation Drive. The Order is short and the Judge details the four reasons for his order, an interesting read. A real win for the south shore. Gratefully received on behalf of FOM, all its members and supporters. Your donations are much appreciated. They enable us to hire lawyers that are getting positive results for Kauai and the south shore!Mahalo nui loa,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

Posted 3/11/2024

Aloha,

It’s hard to believe but our Planning Director appears to have not spent much time, if any, reading our Petition to Revoke the Coco Palms development permits. It is almost 32 years since Coco Palms was destroyed by hurricane Iniki. Developer after developer has assured the County that they have the where with all and plans to rebuild and restore Coco Palms to “its former glory”. In reality, as the photographs in the following agenda packet demonstrate on page 1410 and thereafter, the Coco Palms was not in very good shape prior to the hurricane. An influx a high water table required 24-7 pumping of the parking garage. The pumped water that accumulated in the parking garage with its grease, oil and rubber was pumped into a drainage canal behind the hotel that drained to the Wailua River and out to the ocean. Pre 1992, there did not seem to be much concern for the contamination caused to the Wailua beach and its ocean waters.

The latest in a long string of developers took over after Chad Waters and Tyler Green, operating Coco Palms Hui, LLC, were foreclosed on by Reef Capital in 2019. They failed to meet or satisfy the County conditions of their March 15, 2015 permit letter. In 2016 and again in 2018, the County Planning Director filed Petitions to Revoke their permits. On each occasion, however, their lawyers begged for more time and asked for modification of the 2015 permit conditions which were granted in December 2018 with the issuance of a new Coco Palms development permit dated December 31, 2018. Here is a side by side comparison of the 7 page permit letters which enable anyone to compare and see that the conditions which they did not satisfy in 2015 were softened for them and some even removed from the conditions of the 2018 permit. What we learned, and what’s really critical, is that neither permit (2015 or 2018) should have been issued because the applicant has never legally qualified to develop the former Coco Palms site. Specifically, the County code requires that the before any development permit can be issued involving a special management area (SMA) permits, where state land is to be used in the development, the applicant must have a lease for those state lands for at least 5 years prior to the time of their application.

There is no dispute that the current and former Coco Palms developers intend for the hotel to use the 14.8 acre coconut grove, a ceded Crown land parcel controlled by the State of Hawaii. The current developer intends to use 3 State parcels under revocable permits that have only had a one year permit for their year to year use. The current developers do not hold the permits and they do not currently have any right to the coconut grove leased lands.

When is enough enough? Please send your testimony ASAP to the [email protected] To be timely, the testimony is suppose to be offered by 9:00 am Monday morning March 11, 2024. Unfortunately, even if you are able to offer written testimony, anytime Monday or prior to the start of the meeting Tuesday, we have found that it is not read by the Planning Commission.

If you can, please attend this Tuesday Kauai Planning Commission Meeting which will address the issue of whether or not to revoke the Coco Palms permits. Planning Meeting starts at 9:00 am and will be held in room 2A-2B at 4444 Rice Street, Lihue, HI. The Coco Palms agenda items H2 and H3 will follow other agenda matters and likely not start until 9:30 am. If you can get their at 9:00 am, great but if not you should be safe if you arrive at 9:30 am.

—

Mahalo nui loa,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

Posted 3/6/2024

Aloha,

FOM and Save Koloa have been trying, with great difficulty, to save the south shore from increased run off that is certain to occur once Pinkston’s 28 acre parcel on Kiahuna Plantation Drive is covered with structures, roads and rooftops, eliminating this 28 acres of vegetation that receives run off through three large drainage culverts from Wainani subdivision, the golf course and the golf village. The golf course is watered almost daily creating water run off that previously was managed by the undeveloped Pinkston parcel, which also has a large drainage culvert on its southeast end, carrying the excess water under Kiahuna Plantation Drive and down the natural swail that runs adjacent to Hapa Trail. During heavy rains the run off already over topped the swail and runs onto Hapa Trail. Ultimately, the water reaches the mauka side of Poipu Road which slopes toward the registered historic archaeologic preserve, Kaneiolouma. Currently, when we have heavy rain, the drainage is a problem at Poipu and Aqua engineers have to come pump/extract the water from the Waiohai parking lot. The Sheraton sump, the other low point on the south shore, also has to pump now whenever there is a heavy rain. Once the Pinkston parcel is covered in concrete with its 280 unit development, no one disputes the run off will be significantly increased.

A Declaration from Matt Rosener was filed with the Planning Commission December 12, 2023. It details why Pinkston’s drainage plan is not a “Master Drainage Plan”. The Planning Commission questioned Wayne Wanda of Esaki Surveying and Mapping and established that there was no assessment of the cumulative impact of the drainage of the existing parcels with that of Pinkston’s parcel once developed. After the Esaki Engineer, Wayne Wanda, testified that no cumulative assessment was conducted, the Commissioners asked Mr Wada if he had considered the drainage that would go to Kaneiolouma. He responded that he did not do any measurements but stated “We all know where the water goes”. During their December 12, 2023 hearing, Laurel Loo testified that the only thing the County asked them for to complete the drainage plan was to identify two natural detention basins on the south shore that could hold the additional run off. Once of the Commissioners asked Pinkston’s lawyer, Laurel Loo, who owned the two TMKs as a location that would detain increased run off. Without identifying the owners, Ms Loo answered that those two parcels were not under the control of Pinkston. We looked up the TMK numbers and the natural detention basins offered were owned by 1, the Knudsen, and 2, was the TMK for Kaneiolouma. The County Planning Commission ignored condition 26, a requirement that a drainage plan consider Kaneiolouma to protect it when in fact the Commission approved a plan that intentionally proposes to use Kaneiolouma as a detention basin. This is no doubt totally consistent with Mr Wada’s statement “We all know where the water goes”. This valuable historic site is the low point on the south shore and down slope from Pinkston’s development.

Friday, we filed a Complaint against the developer because what is happening to the south shore is so wrong and not only threatens to destroy a valuable historic site but also the nearby beaches which will not benefit from the increased run off during construction or thereafter. We thought the County should have a copy of the article released yesterday by the bay area publication SF Gate:

Native Hawaiians battle Bay Area developer over Hawaii cultural site

The following email shares the same information with the Trustees of the Office of Hawaiian Affairs.
——– Forwarded Message ——–

Date:	Tue, 5 Mar 2024 16:59:18 -1000
From:	Bridget Hammerquist <[email protected]>
Subject:	Under Regulated Construction Threatens Registered Historic Hawaiian Sites
To:	Mililani Trask <[email protected]>, Dan Ahuna <[email protected]>, Keliʻi Akina <[email protected]>, Luana Alapa <[email protected]>, Carmen Hulu Lindsey <[email protected]>, John Waihee IV <[email protected]>, Kalei Akaka <[email protected]>, Brickwood Galuteria <[email protected]>, Keoni Souza <[email protected]>, Mililani Trask <[email protected]>, Everett Ohta <[email protected]>, Robert Klein <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], Kai Markell <[email protected]>

Aloha,

I just wanted to share this article released in the Bay area today about the lack of government support and the under regulated developers that threaten to destroy the registered and unique historic site on the south shore of Kauai, Kaneiolouma:

Native Hawaiians battle Bay Area developer over Hawaii cultural site

Mahalo nui,

Posted 3/4/2024

Aloha Chair and Members of the County Council,

On October 25, 2023, the County Council heard from the Kauai County Planning Director and Maunakea Trask regarding the status of the development at the former Coco Palms resort site. Maunakea Trask was representing the current developers RP21 Coco Palms LLC and Coco Palms Hui LLC. Coco Palms Hui LLC fell under different management in 2019 after Reef Capital foreclosed on Chad Waters and Tyler Green, the former owners and operators of Coco Palms Hui LLC. The presentation to the Council was on the agenda because the day before, Mr Trask had provided the Planning Commission with the Annual Coco Palms status report. In addition to the failure of prior developers and current developers to meet/satisfy the most recent County permit condition letters of 2015 and 2018, the current developers annual status report was again late. The link that follows will allow you to access a side by side comparison print out of the 2015 and 2018 County permit letters with conditions. There is a failure to satisfy or meet almost all of the conditions and every developers permit letter has informed the developer that they are required to come before the Planning Commission annually not later than June 30 of each year to report on the status of the development until the construction complete and all permit conditions are satisfied.

Comparison Document 2015 Permit Letter side by side with 2018 Permit Letter

This email is sent in support of the publicʻs request that Coco Palms Resort not be rebuilt at the former site, as clearly stated at the October 25, 2023 County Council meeting. Friends of Mahaʻulepu on behalf of its members, request the Council prepare and pass a resolution requesting the Planning Commissions revocation of the Coco Palms building permits as was discussed by Council Chair in the October 25, 2023 meeting. During that meeting, Director Hull related that the County did have a Petition to Revoke filed by former Planning Director Mike Dahilig September 11, 2018. Mr Hull stated that he would be reviewing the Planning Commission meetings in 2018 to see what the condition violations were and what had ultimately transpired in 2018. We initially were able to access the video for the Planning Commission meeting 9/11/2018 right after the October 25, 2023 County Council meeting. We did not complete our review of the video at that time in late October. When we tried to access the video of the Planning Commission meeting for 9/11/2018 in November 2023, the video was no longer available. Because we had seen it and we had seen Mr Dahilig discussing the substantial number of permit condition violations as the basis for his petition to revoke, we found and downloaded the agenda for that meeting and the minutes for the meeting. The agenda item for the revocation was missing from the 9/11/2018 agenda then available on the Commission website. When we had listened to the video we heard the director say that the developers attorney had approached him and wanted to “work out” the issues raised by the condition violations and thus he requested the Commission continue the item to the 9/25/2018 agenda. We found the 9/11/2018 agenda on the Commission website and we found the block that described the Petition to Revoke that would have been in the agenda for 9/11/2018. We recognized it as the missing item from the 9/11/2018 agenda then on the Commission website because it made reference to the Director’s Petition to Revoke and an Order to Show Cause (OSC) hearing that was to take place 9/12/2018. It was evident that the missing agenda item was reprinted in the agenda but for 9/25/2018 because of the reference to the hearing that was to occur 9/12/2018. Because of the reference to the OSC hearing to be held 9/12/2018, it is more than likely the following item in the 9/25/2018 agenda was also to appear in the 9/11/2018 agenda.

Because of the inability to re-access the video recording for the Planning Commission meeting of 9/11/2018, we saved everything we could from the Planning Commission archived webcasts, the only place where meeting videos, minutes and agendas can all normally be found. There were three meetings (9/11, 9/25, and 11/13/2018) that addressed Director Dahilig’s Petition to Revoke. Today, if anyone goes to the Planning Commission archived webcasts and attempts to access the meeting video, the minutes and the agenda for 9/11/2018, they are no longer available. Also the agenda for 9/25/2018 is no longer available but its minutes and video are as of the time of this email. In a future email, we will provide the council with more detail of what transpired at each of the three meetings from the videos and transcripts we were able to download.

For now, however, we believe it is important for the Chair and all Council Members to have a detailed comparison in the change in conditions after the 2018 meetings which resulted in the Counties most recent permit letter with conditions for Coco Palms TMKs. What follows is a comparison between conditions of 2015 and 2018. The 2018 conditions were considerably less onerous in many respects as the following details. There are also references to modifications to the 2015 conditions in 2017 but no Commission meeting minutes or documents could be found to support those changes, the most notable of which was relieving the developer of the requirement to bear the cost for widening and side-walking Apana Road, and the Haleilio Road right turn lane onto Kuhio Highway. This is a substantial cost savings for the developer and it was supposedly purchased with the payment of $93,000 in 2017. No Planning Commission document could be found from the 2015 letter to 2017 to support that modification/accommodation for the developers.

Comparison Coco Palms County Permit Letters 3/15/2015 and 12/31/2018

In September 2018, Planning Director Mike Dahlig, filed a Petition to Revoke and/or Modify the Permit letter of March 10, 2015 that had been issued to the Coco Palms developers Chad Waters and Tyler Green dba Coco Palms Hui, LLC, who purchased the property previously held and operated by Coco Palms Ventures, LLC. Chad Waters and Tyler Green (Waters and Green) claimed to have received an assignment from Coco Palms Ventures, LLC, for their right to the Coconut Grove lease and three revocable permit parcels. Coco Palms Hui, LLC, Waters and Green, never obtained Board approval for the assignment of the Coconut Grove lease and they never perfected their application for the three revocable permit parcels which was contingent on them providing the State with proof of satisfaction of County property tax payments. Currently, RP21 Coco Palms, LLC (RP21), a Corporation created by Reef Capital Partners (RCP) in February 2021 following their hire of their subsidiary Private Capital Group (PCG) to foreclose on Waters and Green in 2019, is operating along with Coco Palms Hui, LLC, (the prior dba of Waters and Green) whose management was taken over by Stillwater Equity (another subsidiary of RCP) in 2019. RP21 and Coco Palms Hui, LLC are the latest of the would be developers who are bound by the permit letter issued by the County 12/31/2018. Friends of Mahaʻulepu (FOM) contends that RP21 and Coco Palms Hui, LLC have violated and/or have failed to satisfy the conditions of the latest County permit, embodied in the Planning Commission letter of 12/31/2018. The following is a comparison of the conditions in the County permit letter of 3/10/2015 with the conditions adopted 12/31/2018. There are striking irregularities for which no Planning Department or Commissions Actions could be found to support.

Re: Permit Conditions 1 & 2, both permit letters: During a presentation to the County Council October 25, 2023, there was a representation that somehow the two payments of $50,0000 made by Coco Palms Hui, LLC in 2015 was the reason the County took on the responsibility to widen, pave and sidewalk Apana Road from the hotel to Haleilio. In fact, both permit letters, 2015 and 2018, make it clear that the two $50,000 payments were for cultural development and Aha Moku Advisory Council (AMAC) signage, having nothing to do with roads.
Re: Permit Conditions 3 in both permit letters require the applicant to meet the requirements and standards of DLNR and SHPD “Prior to building permit approval”. The current would be developers have not been issued any of the three revocable permits for parcels that previously supported the operation of the hotel, e.g. the large parking lot adjacent to the Wailua River and across Kuamoo Street from the hotel site. RP21 and Coco Palms Hui, LLC, were served with a Notice of Violation April 19, 2023 which is ongoing and remains unresolved for the felling of 70+ coconut palms many of which were on the lease and conservation lands of the State, among other violations. Based on condition 3, the current developer, RP21 and Coco Palms Hui, LLC, are not eligible to receive building permits from the County. Finally, the requirements of condition 3 in 2018 for an Intensive-Level Survey (ILS) and Plan for any work on the historic lagoons as required by conditions 3 (a through e), per the records produced by the County, has not been satisfied.

Permit Condition 14
In 2015 Condition 14 required the applicant to comply with the Chapter 7A, Kauai County Code. In 2018 Condition 14 indicates the permittee is already compliant, however when we contacted the parcels the permittee listed the affordable housing units in their Agreement with the housing department, the parcels they identified were owned by others who had no plans to sell them to Coco Palms developers.
Permit Condition 15
In 2015, permits were required to be pulled within 3 months of final permit approval and pursuant to the CZO and the PDU, construction on those permits was to commence within one year of permit approval. In 2018, the permittee/applicant had to pull all building permits within six months of final approval. It states that vertical construction had to commence by August 31, 2019. Neither versions of condition 15 have been satisfied.

Permit Condition 17
In 2015, demolition of the old structures were to be complete within six months of commission action approving the demolition plan. In 2018, condition 17 is very confusing because it suggest that demolition of the damaged structures was to be complete by March 31, 2017. It then goes on to claim that this condition “17 has been satisfied”. Definitely, not the case as demolition didn’t begin until December 2023. There is also a failure to follow the requirement in 2018 that the vertical structures be commenced and incorporate the vertical structures by June 30, 2021. None of the foregoing has been done.

Permit Condition 20
Permit condition 20 required permittee/applicant to provide the County with an easement for the coastal bike path. In 2018, this condition/requirement was deleted altogether.
Permit Condition 21 (2015) and Condition 20 (2018)
Condition 21 from the 2015 permit letter required a shuttle service for 18 months after certificate of occupancy and both required a bike share program even though the applicant was no longer responsible for dedicating land for the coastal bike path. In both, the traffic mitigation measure of an 18 month shuttle program after a certificate of occupancy makes little or no sense because it is not likely the hotel will be stopped from operating once a certificate of occupancy has been received. Rather, in view of the time that has transpired since either the 2015 or 2018 permit conditions, an updated TIAR should have been done at a minimum. Developer has not done so and has not met this or numerous conditions above making the location of this parcel its known traffic risks, rising sea level, and stale shoreline management assessment grounds for revocation. These developers have had control of the parcel since 2019 and still the above conditions have not been met or even substantially satisfied in four and a half years.

Permit Condition 22 (2015) and Condition 21 (2018)
In 2015, the applicant had to widen Apana Road to accommodate two way traffic, construct sidewalks from the hotel along Apana Road up to Haleilio Road, continue that sidewalk around the right turn lane of Haleilio Road and be solely responsible for these costs and the widening of the right turn pocket. In 2018, all of a sudden the new permit condition 21 which replaces former permit condition 22, claims that the applicant has met an in lieu of payment for $93,000 with the County now the sole entity responsible for the widening and sidewalks that were previously a sole cost for the applicant/permittee. We could find no Commission Action ever taken that allowed for payment of $93,000 in lieu which the new 2018 condition 21 claims was satisfied in 2017. When and under what authority, was the $93,000 in lieu of accommodation created to be satisfied in 2017 if indeed it ever was!

While condition 25 of the County’s most recent permit letter for the Coco Palms development site authorizes the County to add to or modify conditions as the County deems necessary, the County code also authorizes the Planning Director to request a full revocation of the permits from the Planning Commission. As Mike Dahiligʻs Second Petition to Revoke the Coco Palms development permits indicated, the County is justified in revoking permits where the permit is violated because a significant failure to satisfy conditions and where that failure is not due to a force of a nature. Here as has been the case for many of the “long line of would be developers” the abject failure to satisfy required conditions more than supports a resolution from this council supporting the revocation of the Coco Palms development permits currently held by RP21 Coco Palms LLC and Coco Palms Hui LLC.

History of Ownership

FOM Petition to Revoke

FOM Supplemental Petition

Mahalo nui,

Posted 1/22/2024

Planning Commission Helps Pinkston

Aloha,

On January 9, 2024, Pinkston was once again granted a preliminary subdivision approval for the development he proposes to build in Kukuiula. With the homes he plans to build in Kukuiula and the 280 luxury vacation rental condominiums he has planned for Kia Huna Drive, once build the collective impact of these units on the south shore will be an additional 1,200 to 1,500 visitors added to the south shore. None of the units are affordable and none of them are likely to be occupied by full time residents.

No, our County administration hasn’t handed Pinkston the Koloa/Poipu area on a silver platter yet. Granting him a new preliminary subdivision approval again after he allowed the initial approval to lapse in February 2023, is unfortunately a first step. We need to remain vigilant and with your support, we intend to keep fighting. They are sure not making it easy for those who know that the south shore is already overcrowded and our natural resources/beaches/reefs/seals/honu and marine life, all seriously overburdened.

Pinkston’s Kukuiula proposed project would be right across the street from the Kukuiula boat harbor, just beyond the fence that borders Lawai Road. Before he can begin construction, he needs to comply with and obtain a shoreline management area permit if he builds any structures that exceed $500,000 in value in the SMA portion of his parcels. He also needs to obtain a NPDES permit for the grading and construction runoff which will put mud and construction debris into the waters of the boat harbor. He also has to receive clearance or approval from the US Fish and Wildlife for a protected or endangered species in the area likely to be impacted by his project. Agency comments are requested by the Planning Department whenever a preliminary subdivision approval is applied for. Unfortunately, our County granted Pinkston’s application without waiting for a response from the US Fish and Wildlife or the Kauai County Water Department. They are not suppose to grant applications when they don’t have the agency comments because they may learn why the application should not be granted. The pressure from developers and our current Mayor’s desire to increase development on Kauai encourages the Planning Department to violate its own rules.

A copy of the testimony filed by FOM in opposition to the development is shared below. Many in the community turned out to testify. The comments and testimonies offered were compelling. The link that follows will allow you to watch the communities desperate pleas. At 2 hour and 4 minutes into the meeting, our Planning Director, Kaaina Hull begins the discussion about the Parks Department not having the resources to maintain that beach park so they have not required Kukuiula to transfer the deed despite a County Ordinance that required them to do so as a condition of their development. At 2 hours 7 minutes and 20 seconds, Kaiana Hull states on camera that he really doesn’t care what happens in Kukuiula. There are several interesting issues that were flushed out during the meeting. The Planning Director tried to calm the community by claiming that lawn/park area where the canoes sit adjacent to the Kukuiula Small Boat Harbor would always be accessible to the public and could not be developed. When FOM testified, we shared with the audience that that grassy lawn/park area is still held by and deeded to Kukuiula. The Director said that while that was accurate, a condition of development was that Kukuiula was to transfer the deed to that land to the County so the County could make sure it was always open for public use. He explained however that the Parks Department has limited resources and the Parks Department has asked that the deed not be transferred because the County Parks Department doesn’t want to take on the burden of mowing that grassy area. We pointed out that as long as Kukuiula holds the title to the land, County administrations can change, Planning Department personnel can change and there is nothing to stop Kukuiula development from seeking a modification of that development condition, keeping the land for themselves and their use. Even though the area is open to the public and is not expected to be gated, the effect of adding at least 350 people a night with the visitor destination units Pinkston plans to build in Kukuiula will likely prevent local residents from the Kukuiula Harbor use they now enjoy because the beach and parking area will be taken by visitors.

01092024 Planning Commission Meeting Video Pinkston

——– Forwarded Message ——–

Date:	Sun, 7 Jan 2024 19:45:33 -1000
To:	Planning Department <[email protected]>
Reply-To:	[email protected]
From:	Bridget Hammerquist <[email protected]>
Subject:	Agenda Item G(1)(c): Preliminary Subdivision Map Approval
Cc:	County Council <[email protected]>, Council Testimony <[email protected]>, Dee Morikawa <[email protected]>, Senator Ronald Kouchi <[email protected]>, [email protected]

Friends of Maha’ulepu friendsofmahaulepu.org 1/07/2024

To: The Kauai Planning Commission
4444 Rice Street, Suite A473
Lihue, HI 96766
Phone: (808) 241-4050
Email: [email protected]

From: Friends of Maha‘ulepu

Aloha Chair and Members of the Kauai County Planning Commission and Subdivision Committee,

Subject: Agenda Item G(1)(c): Preliminary Subdivision Map Approval, Subdivision Application No. S-2024-6. Kukui’ula Parcel HH Subdivision, BBCP Kukui‘ula Infrastructure, LLC/ MP Kaua‘i HH Development Fund, LLC for Proposed 3-lot, Consolidation and Re-subdivision into 51-lots TMK: (4) 2-6-019: 026, 029, 031 Koloa, Kaua‘i. Before the Subdivision Committee 8:30 am January 9, 2024, 4444 Rice Street, Planning Conference Rooms A & B.

Please find below Friends of Māhāʻulepu’s comment on Item G(1)(c): Preliminary Subdivision Map Approval, Subdivision Application No. S-2024-6. Kukui’ula Parcel HH Subdivision, BBCP Kukui‘ula Infrastructure, LLC/ MP Kaua‘i HH Development Fund, LLC for Proposed 3-lot, Consolidation and Re-subdivision into 51-lots TMK: (4) 2-6-019: 026, 029, 031 Koloa, Kaua‘i.

Applicant should be required to establish compliance with existing laws prior to obtaining further approvals from this Commission.

Applicant MP Kaua‘i HH Development Fund, LLC/BBCP Kukui‘ula Infrastructure, LLC, both variously owned by foreign developer Gary Pinkston (Applicant) must first show it complies with existing obligations before the Commission grants further approval of its preliminary subdivision map.

For instance, staff recommend:

(e) Relative to the requirements/standards set forth in Ordinance No. 777 and Section 8-4.5(d) of the Kauai County Code (1987), the Applicant shall resolve with the Planning Department the provision of public access, and more specifically, access to Lawai Road from the proposed residential subdivision.

The subdivider shall incorporate the features of the Conceptual Trail Master Plan (dated April 2004) within the project area, if applicable. The access plan shall be reviewed and approved by both the Planning and Parks & Recreation Departments. Furthermore, proper documents shall be prepared and ready for execution prior to final subdivision approval. The Planning Department reserves the right to impose additional conditions relating to this matter while in the process of resolving this condition.

(f) There shall be no vehicular access permitted onto Lawai Road from proposed Lot 50. Semi-circles denoting no vehicular access permitted shall be shown on the final subdivision map. These provisions shall be incorporated as a restrictive covenant for the subject lot, draft copies of which shall be submitted to the Planning, Department for review and approval.

Staff report at 4. Drawings from May 26, 2023 do not show the project will utilize Lawai Road, but these conditions appear to anticipate its use. These issues should be addressed prior to approval of the preliminary subdivision map because the Commission may lack authority to do so when presented with the final subdivision map.

Traffic mitigation is unclear. The staff report only requires Applicant to comply with existing Ordinance PM 2004-370 regarding “7. (improvements to the roadway system)” and not until after approval of the preliminary subdivision map. These improvements should be included with any approval.

It is likely that traffic from the parcel will utilize Lawai Road to access the beach and other areas, even though the main outlet is represented to be restricted to Ke Alaula Street. Those utilizing the project will be 160 feet from the shoreline, just across Lawai Road, and will likely want to utilize the shoreline. Conversely, the project should be required to remain open to pedestrian public access to encourage open communities, jogging, biking, and otherwise a free exchange of space for recreation and cultural use.

Grading and Drainage plan, May 26, 2023 (Drawing C-108) (above).

The South Kaua‘i Community Plan does not include study of the proposed addition of this subdivision, which will contribute further traffic to Ke Alaula Street. Nor is the proposed Kukui‘ula development included in the traffic study as a proposed land use. South Kaua‘i Community Plan, Appendix D at 16-17. The study area for the community plan “is generally bound by the following facilities including:

Kaumuali`i Highway to the north
Maluhia Road and Alakinoiki Road to the east
Papalina Road and Koloa Road to the west
Poipu Road to the south”.

Lawai Road is not included in the study area and therefore predictions and plans from the community plan cannot be relied upon to address traffic contributions from the project.

The Commission should require: (1) a plan for compliance with Ordinance No. 777 and Section 8-4.5(d) of the Kauai County Code (1987) and any plans to use Lawai Road prior to preliminary map approval; (2) explicitly state traffic improvement requirements in its approval; and, (3) ensure the project is not gated against public vehicular access.

2. Commission needs to impose stronger, better designed conditions on any preliminary subdivision approval.

As this Commission noted in its Order and Decision, dated July 18, 2023, regarding FOM’s and Save Kōloa’s petition for intervention, the tentative subdivision application phase is the point at which intervention, and concomitant information necessary for deciding to grant or deny, or to develop mitigation conditions, is appropriate.[1] This Commission can and should impose conditions on the applicant. Conditions referenced by staff simply amount to informing the Applicant it must comply with existing laws and are lacking in specific requirements.

Existing laws have failed the Kukui‘ula development area. Brown water advisories impacting Kukui’ula Bay to Keoniloa Bay as well as MacArthur Beach Park to Salt Pond Beach Park are becoming more frequent. Long-time community members with invaluable knowledge of this area and its peoples are continually pushed out by increasing expenses. Hundreds of historic sites have been destroyed. All of these result from specific decisions that bodies, including this Commission, have made. This application is another opportunity to rectify these issues.

3. Require contributions to Kāneiolouma Heiau to meaningfully mitigate loss of cultural sites.

“There is no doubt that there were extensive archaeological features throughout the Kōloa area. There is also no doubt that many of these sites have been destroyed over time[.]” Applicant’s Ka Pa‘akai report, at 174. The Kukui‘ula development area had 58 documented archaeological sites, comprising 150 features, including platforms and ‘auwai, which are reported to have been destroyed. Though the Applicant’s Ka Pa‘akai report concludes these sites are not within the project area, this is inconsistent with the interviews upon which that report is supposedly based. Hawaiian studies professor Puali‘i Rossi-Fukino pointed out Niukapukapu Heiau lies within the Parcel H area.

The destruction of Hawaiian historical sites has cumulative and wide-reaching impacts – across geography as well as time. Rupert Rowe, a steward of Kāneiolouma Heiau nearby the project site, talks about the continued loss of identity for these places, specifically Kukui‘ula.

Given its contribution to the removal of Hawaiian identity, and the resulting redoubled importance of sites remaining in the area, Applicant should be required to contribute $2 million to Hui Mālama o Kāneiolouma, to be used exclusively for restoration, research, planning, and administration purposes.

4. Require runoff mitigation and water quality monitoring to protect shorelines.

Kukui‘ula coastal areas are home to large schools of fish, sea turtles, and native corals. Currently, heavy rains often result in stormwater runoff entering coastal waters at Kukui‘ula Bay, and carrying overflow from cesspools, sewer, manholes, pesticides, animal fecal matter, dead animals, pathogens, chemicals and associated flood debris.[2] Kukui‘ula Bay turns a rusty red due to runoff after these rainstorms. This pollution intrudes on Hawaiian gathering practices at the shoreline, the health of native species and ecosystems, and surfing and other recreation.

Historically, because of less outfall points and the dry nature of the Kukui‘ula coastline and prior to the development of Kukui‘ula, water quality was very clear and clean. Subdivision of the proposed project into 51 units will increase the density of land use, including by adding a common pool area and hardened pickleball court, and thus result in more, and more polluted, runoff.

(above) Grading plans, dated May 26, 2023, show a pool/ common area planned for Lot 47.

The South Kaua‘i Community Plan specifies under “Drainage”: (a) “Prepare a drainage study for the Po‘ipū Beach/ Kaneiolouma area and propose alternative to mitigate flooding”; and, (b) “Install bioswales and rain gardens along streets, in parks, and in parking lots to collect and filter rainwater runoff and increase infiltration via landscaped areas that also beautify the place.” Community Plan at 4-14. None of these studies or installations have been completed.

None of the proposed conditions address water quality issues, even though part of the project is in the special management area (SMA). This may be due to a further error; the staff report incorrectly states the subdivision project will not impact Hawaiian traditional and customary practices including because “[t]here are no known special gathering practices taking place at the project site or within the vicinity of the project site.” Staff report at 3. The project site is just mauka of Lawai road, and about 160 feet from the shoreline.

Any approval should require the Applicant to: (1) prepare a drainage study to establish, beyond Department of Public Works requirements, existing runoff through the project area and to develop retention structures sized to prevent existing and increased runoff from passing through the property and subject to Commission approval; (2) install bioswales along the mauka and makai lengths of Lawai Road adjacent to the project as well as any interior roads, parks, parking lots, as determined under #1; and (3) conduct semi-annual water quality monitoring studies, perhaps in partnership with Surfrider Kaua‘i, to establish both a baseline prior to construction and beyond until ten years after installation of all drainage mitigation measures.

The Commission would approve the drainage study under #1 to ensure it complies with the intent and purpose of its institution into the subdivision approval. Requirements under #2 could amend the existing recommendation from the County DPW, which proposed the Applicant maintain the portion of the county right of way along Lawai Road.

5. Workforce housing should be integrated into Kukui‘ula project

Four bedroom homes in Kukui‘ula are currently marketed for around $6 million. Local working residents will not be able to afford these homes. The homes are rather investment vehicles, vacation second-homes, and not going to contribute to Kōloa communities. There is no prohibition against turning these houses into vacation rentals. As real estate becomes more valuable, fewer long-time local residents will be able to afford homes and the cost of living without substantial subsidies and planned support.

The project is subject to the County’s workforce housing requirements, including for reasons that it requires a subdivision or consolidation of land that would allow more than 10 residential dwelling units. KCC §7A-1.4.1(c). These are in addition to the affordable housing requirements of the LUC District Boundary Amendment No. A93-696.

The staff report includes no assessment of the socioeconomic impacts on the welfare of the community. There are no meaningful conditions put on the applicant to mitigate these impacts. The project’s workforce housing obligations are not referenced at all. Kaua‘i County Code (KCC) §7A-1.5 (determination of workforce housing assessment should be resolved prior to final subdivision or zoning permit approval, wherever occurs first).

Though the project was previously part of the larger Kukui‘ula development under the LUC Order, in 2017, the Kukui‘ula Development Co. reported to LUC that it intended to sell Phase IIIB/ Parcel HH/II.[3] The project is now requesting further entitlements to increase density of its development to approximately 47 lots, with several other lots for other uses. This development was not contemplated nor included when the affordable housing requirements were determined.

Approval of the preliminary subdivision map should be conditioned on Applicant’s inclusion of at least 10 workforce housing units within its project at Kukui‘ula Parcel HH and/or require development of 20 offsite workforce housing units, all of which should be subject to Commission approval prior to approval of the preliminary subdivision map.

[1] Intervention against this application is impossible. The only public notice of the application appeared on January 3, 2024 agenda, a bare six days before the Subdivision Committee and Commission hearing at which decision-making will occur. Petitions to intervene must be filed seven days before the hearing. Kaua‘i County Rules (KC) §1-4-3. Further, at its December 12, 2023 meeting, and in its ensuring written order dated December 22, 2023, this Commission also announced a new policy of denying petitions to intervene on bases including that a petitioner’s injuries are not clearly distinguishable from the general public. Petitioners are not required to expend resources on futile efforts.

[2] “Brown water advisory issued for Kaua‘i shores” April 19, 2023 available at: kauainownews.com/2023/04/19/brown-water-advisory-issued-for-south-and-west-facing-shores-of-kauai/

[3] See Lindsay Crawford, Project Manager, Kukui‘ula Development, 2017 Annual Report (Nov. 2017) available at: luc.hawaii.gov/wp-content/uploads/2014/02/A93-696-ann-rprt-2017.pdf

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