2014 Feb 8
Hope Kallai
POB 655
Kilauea, HI 96754
[email protected]
Joseph Figaroa, Chair
Open Space, Natural Resources Preservation Fund Commission
4444 Rice Street
Lihue, HI 96766
[email protected]
Re:
SMA(U)-2008-5, Use Permit(U)-2008-4,
Class IV Zoning Permit Z-V-2008-6
Charles M. Somers, West Sunset 32 Phase I, LLC
TMK (4) 5-2-12:35 and 5-2-4:47, CPR #2
Aloha e Chairperson Figueroa and Open Space Commission:
At the January 28, 2014 Planning Commission meeting, it was decided that the access
issues at the Charles Somers property should be considered by the Open Space, Natural
Resources Preservation Fund Commission. Last year, on July 11, 2013, I made a
presentation before this commission and the following was considered (from page 8,
Minutes 7-11-2013):
Can you please tell me the response from this inquiry?
1. Public access to the Kilauea River corridor has been eliminated by this property
owner and his project. There is a 20’ wide public pedestrian easement that has
disappeared from the project maps, and now the property owner’s security force
patrol the area, prohibiting mauka/makai transit along the river on this county
easement that is supposed to be public.
Easement P-1 (20 feet wide) was granted in favor of the County of Kauai for pedestrian
access purposes, as shown on survey map dated September 11, 1978 by Masao
Fujishige, Registered Land Surveyor No 1065 and recorded in Liber 13301, page 112,
dated September26, 1978.
This shows where the County of Kauai’s 20’ public Pedestrian
Easement P-1 should be.
The disappearance of this 20’ public pedestrian easement was
raised in 2013, yet it has not been addressed in this permit review.
This map, C-11, is supposed to include the County of Kauai’s 20’ Pedestrian Easement in
red, but does not. Neither does C-12 or C-13:
The SMA permit application states on pages 41-42:
SECTION 12. SMA CONSIDERATIONS. 12.1 Recreational Resources. The Subject Property is
located adjacent to Kahili Quarry Road, whch is used by the public to gain access to Kahili beach and
the Kilauea Stream. Kahili Beach is used for recreational purposes, including surfing, swimming,
fishing, camping and other beach activities. Portions of the Kilauea Stream are located on or adjacent to
the Subject Property. There is a public pedestrian access trail (“Trail”) which runs from Kahili Quarry
Road to the west bank of the Kilauea Stream (near the Kilauea Stream rivermouth) and then in a mauka
direction for approximately 2,5000 feel along the west bank of Kilauea Stream. The Trail is shown
colored in red on the Lot 2 Site Plan attached as Exhibit “C-13”. The Development will not affect the
ability of the public’s right to use the Trail or to exercise public rights in the navigable portions of
Kilauea Stream. The Development will not have any negative impact on any public recreational
opportunities located on or near the Subject Property. The development will not overburden the use or,
nor restrict access to, the shoreline in the vicinity of the Subject Property. The Development, although
not located in the vicinity of a State or County Park, is located near the Kilauea National Wildlife
Reserve”.
This development has eliminated the 20’ public Pedestrian Trail.
2. SMA permit condition 12 stated that the applicant will maintain the entire length
of Kahili Quarry Road (the Alaloa), down to the Kilauea boat ramp
Roadway is maintained to the applicant’s driveway, but past that point it is treacherous,
and very rutted and an erosion problem. Applicant’s contractors have publically stated
that they only rough grade the lower portions twice per year – for the past 5 years.
On September 4, 2012, the applicant submitted their 4th Annual Report, stating:
It has been 2 years since this statement.
Road is rough for 4x4’s.
Kilauea River Boat Ramp Lighthouse Road & Kahili Quarry Rd
The development is supposed to maintain an all weather, crushed coral surface on Kahili
Quarry Road. The SMA permit states “The Development will not affect the ability of the
public to use Kahili Quarry Road,” but the community has been waiting 5 years already
for the applicant to honor his commitments to our road to the beach. The road is junk.
The sign, at the corner of Lighthouse Road and Kahili Quarry Road, directs all traffic to
the already “overburdened” Wailapa Road shoreline access. Applicants lack of
maintenance of our community’s road to the beach has affected the public’s access to
recreation and the shoreline, for the past 5 years. How long do we have to wait?
Dangerous driving conditions are a result of this project failing to adhere to SMA
conditions. Worse, is that local Kilauea traffic must go on the highway to get to Wailapa
Road. So much for Safe Streets…
This is contrary to the SMA permit and the 2013 Director’s Report which states:
Kahili Quarry Road is the ancient lateral coastal trail known as the Alaloa. Applicant has
failed to maintain it for safe public transit for over 5 years, yet the annual reports
submitted to the Planning Commission state they are in compliance. Emerson’s Map
from 1833 (now Registered Map 432) shows the lateral alaloa and mauka/makai trails
up the Kilauea River corridor.
1833 Emerson Map
Alaloa Highlighted
Alaloa & mauka trails in Kilauea
Kilauea Falls were historically and culturally important. William DeWitt Alexander wrote
about Kilauea Falls in 1849:
A little farther on we entered groves of hala, through which we continued to ride for the rest of
our journey. We turned from the road to see the falls of the Kahili River.
Though not large, they are beautiful. Here the river falls in a jet of foam over a precipice of
about 40 feet into a broad clear basin below.
The First Government Survey of Kauai from 1878 (now Registered Map 1395) shows
the lateral coastal trail, the alaloa, now known as Kahili Quarry Road. Kahili Quarry
Road is held by the county of Kauai and Seacliff Gardens Condo (Honu Associates LLC)
TMK 5-2-4:047 (520040470001 and 520040470002).
1878 Reg. Map 1395
Alaloa in red, Ko`olau Rd in purple.
Registered Map 1971, 1892 by Monsarrat, details the road to the landing and wharf.
Detail of 1927 USGS “T sheet” shows Kahili Quarry Road/Alaloa, and a railroad track
running to the landing at Mokolea Point. This landing was federally maintained until
1973. Note a couple dozen lo`i/rice paddies in the stream valley, with 3 houses,
surrounded by fields of cane.
.
Kahili Quarry Road is the ancient Alaloa, predating the 1892 Highways Act, and it
accesses the shoreline. Access on this public road is protected in perpetuity. Failure to
maintain a public road, trail or beach transit corridor is a violation of HRS 115-9 and 10.
[§115-9] Obstructing access to public property; penalty.
(a) A person commits the offense of obstructing access to public property if the person, by action or by having
installed a physical impediment, intentionally prevents a member of the public from traversing:
(1) A public right-of-way;
(2) A transit area; or
(3) A public transit corridor;
and thereby obstructs access to the sea, the shoreline, or any inland public recreational area.
(b) Physical impediments that may prevent traversing include but are not limited to the following:
(1) Gates;
(2) Fences;
(3) Walls;
(4) Constructed barriers;
(5) Rubbish;
(6) Security guards; and
(7) Guard dogs or animals.
(c) Obstructing access to public property is a misdemeanor.
(d) Minimum fines for violation under this section shall be as follows:
(1) $1,000 for a second conviction; and
(2) $2,000 for any conviction after a second conviction.
§115-10 Duty to maintain access within beach transit corridors; remedies. (a) The department of land and natural
resources shall maintain access within beach transit corridors under this chapter and chapter 183C, by requiring
private property owners to ensure that beach transit corridors abutting their lands shall be kept passable and free
from the landowner's human-induced, enhanced, or unmaintained vegetation that interferes or encroaches in the
beach transit corridors.
3. Access on the historic Kilauea Falls trail needs community discussion. A
Conservation Easement was created, in perpetuity, without input from traditional
and cultural users. A condition was written in the SMA permit, granting
Kilauea Falls defines our community’s sense of place and our cultural vibrancy is
recharged by our unique wahi pana, beaches and practices. Stopping access to
Kilauea Falls is a spiritual and cultural taking. Kilauea Falls and Kilauea Slippery Slide
are unique waterfalls in that they are within our community – not mauka in the
forest. They are both makai of the highway. I do not believe the Planning
Commission has the authority to eliminate traditional access to Kilauea Falls, or the
an absentee developer and his staff of attorneys, without input from the community,
cultural practitioners or OHA.
4. Location of the contiguous property boundaries need to be determined.
Ownership of the Kilauea Boat Ramp needs clarification. The USFWS access and
parking easement needs to be clarified.
5. Access throughout the Kilauea River corridor, to Kilauea Falls has been a priority
of our community for many years. It has been a priority of the Open Space
Commission as well, in their annual reports to the Council:
1980
2005
2006
2007
2010
2011
Northshore Development Plan
OSC Report
OSC Report
OSC Report
OSC Report
OSC Report
Kilauea Slippery Slide 7 acre park
Kilauea Slippery Slide
Kilauea Falls & Kilauea mauka, Kauapea
Kilauea Falls, Kauapea
Kilauea Falls
Kauapea
Mayor Bernard Carvalho, Jr. promised Kilauea that the Kauapea beach access (formerly
known as Garfinkle’s) would be opened up within 6 weeks – in 2011. It is not open yet.
Our community has not received any report as to why the county failed to record this
most important Kauapea beach access and why it is not being pursued. After repeated
requests for over 5 years, the county-owned beach access at Ka`aka`aniu is not opened
and accessible. Our community has not received any answers as to why.
The county of Kauai public Pedestrian Easement P-1, on Kilauea River is not open and
accessible. Three public accesses in the Kilauea area are blocked. The Kilauea
community has many un-resolved trail issues, yet our community did not get an Open
Space Community meeting in 2013. What do we have to do to be heard?
Now, Planning is punting this problem back to this commission. Elimination of public
access to the Kilauea River corridor and on Kahili Quarry Road (the alaloa) is a grave
consequence of this SMA permit, contrary to the permit’s conditions. The SMA permit
should be revisited &/or revoked by Planning, as reserved by SMA Condition 8:
How can this project be in compliance with SMA conditions if our 2,500 X 20’ public
Pedestrian Easement is not available to the public? Applicant’s maintenance of Kahili
Quarry Road is inadequate and creates a public hazard. There are serious impacts from
this project, and it is not completed. Please schedule a site visit so the Commission can
check the status of the Pedestrian Easement and Kahili Quarry Road maintenance.
Mahalo for any recommendations you can give the Planning Commission to re-prioritize
access in the Kilauea River corridor, Kilauea Falls, Kauapea, and Ka`aka`aniu and
seriously revisit the unforeseen consequences of this SMA use permit. We cannot
afford to keep losing our beach accesses. 3 in Kilauea is 3 too many.
Hope Kallai