Image above: Bruce Laymon (r.) and crew putting up illegal fencing restricting access to Lepeuli (Larson's) beach. From (http://freelarsensbeach.com/2011/05/23/larsens-beach-fencing-going-up/img_4137).
The Kauai County Planning Commission deferred action on the Lepeuli fencing situation. An “11th Hour” Letter to the Planning Department was received from DLNR Chairperson William Aila, Jr. which states:
Please be advised that Ms. Rowland’s memorandum dated September 9, 2011 [Author's note: date should read September 9, 2009.] (copy attached) does not represent the Department of Land and Natural Resources’ position as to ownership of trails and roads over registered land. The memorandum does not accurately reflect the Department of the Attorney General’s analysis of applicable law.
As to the agenda item referenced above, DLNR and Na Ala Hele have not approved the current location of the fence as apparently required by the permit.
Chairperson Aila’s letter is available here:2011 June 27 Aila to Planning Director
The conditions of SMA Minor Permit have not been met. DLNR has not approved the current location of the fence. The final map with the ERRATA blocking Public Access on Lot 4 has not been presented yet. How could DLNR approve a fence location when the maps keep changing? How can an applicant decide that county imposed permit conditions are moot?
In today/s The Garden Island, reporter Leo Azambuja wrote of the Planning Commission meeting held Tuesday June 28:
The planning director had prepared an eight-page report and recommendations as an answer to Spacer’s request for the commission to revoke the fence permit that it issued to land lessee and Paradise Ranch owner Bruce Laymon on Sept. 1, 2009.
“Given an evaluation of the petitioner’s allegations, the director recommends to the commission to decline issuing an order to show cause on the ground there is no reasonable cause to believe there is a failure to perform according to the conditions imposed in Special Management Area minor permit,” Dahilig said in the report signed June 20.
But Monday the department received a letter “at the 11th hour” from the DLNR concerning the Lepe‘uli trail, Dahilig said in a letter addressed to the commission.
In the letter, signed by DLNR Chair William Aila and Deputy Attorneys General Donna Kalama and William Wynhoff, the DLNR states that a memorandum dated Sept. 9, 2009 from Na Ala Hele, Hawai‘i trail and access system, does not represent the DLNR’s position as to ownership of trails and roads over registered land, nor the Department of the Attorney General’s analysis of applicable law.
As to the county SMA permit given to Paradise Ranch to build the fence, “DLNR and Na Ala Hele have not approved the current location of the fence as apparently required by the permit.”
The letter apparently lighted the ire of the planning director.
Dahilig called it unfortunate that the state waited until “the last minute” before the commission’s meeting to provide the letter.
“It is frankly disruptive to county business especially in light of previous comments provided by DLNR that the county has relied upon, and their desire to flip-flop on comments they provide to our department,” Dahilig said in the letter.
Dahilig said he had concerns over the reliability of any correspondence from DLNR, and the county would be consulting with its attorneys about appropriate measures to protect its interests and reliance on correspondence from DLNR.
Dahilig said that, in light of the statements made by Aila and the deputy attorney general, he was requesting the commission to defer any action on his report.
Interim Planning Director’s Report on Lepeuli is available here Dahilig Report
Waioli Corporation Don Wilson has expressed interest in finally discussing the closure of the ancient coastal Alaloa with the community at next week’s Kilauea Neighborhood Association meeting, to be held next Tuesday July 5th at the Kilauea Neighborhood Center at 7 pm. Please let your mana`o be known.
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