Image above: LUC map with highlighting, by Juan Wilson of illegal fence (red line) within Conservation District (light green area). Click to download full PDF map.
Here is a package of documents regarding the Boundary Interpretation for Lepeuli just completed by the state Land Use Commission.
The State of Hawaii feels the boundary is between the gradual, lateral, coastal trail and the parking lot, by the ironwood trees. Waioli attorney Don Wilson is not pleased with the interpretation. Waioli Corporation is considering their next move - to appeal or drop the matter.
If it is upheld the fencing makai of the Conservation District boundary is in fact inside the Conservation District, Paradise Ranch could be ordered by DLNR to remove the unpermitted fencing AND pay fines of $15,000. per day. Fencing was installed May 21, 2011.
Paradise Ranch has authority to fence in the agricultural district with the Kauai county SMA permit, but NOT to block the lateral coastal trail (Condition 6). They gave up their state CDUP permit in January at BLNR in Honolulu. So, they cannot work in the state Conservation District.
Seperately, Kauai County can order the fencing removed from across the entrance to the lateral, coastal trail, irregardless of what land district it is in, as it was unlawfully installed in violation of Condition 6 of the county SMA permit under perceived authority of that permit.
See also:
Letter from Sierra Club to LUC
(http://www.islandbreath.org/2011Year/08/110804sierraclub.pdf)
Letter from Donald Wilson to LUC
(http://www.islandbreath.org/2011Year/08/110804donwilson.pdf)
Ea O Ka Aina: Lepeuli Beach access surprise 6/30/11
Ea O Ka Aina: Lepeuli Beach access gets hearing 6/23/11
Ea O Ka Aina: Illegal fence blocks Lepeuli Beach 6/13/11
.
Lepeuli Beach fence in violation
SUBHEAD: The Land Use Commission determines Waioli Corporation has placed un-permitted fence in Conservation District.
By Richard Spacer on 4 August 2011 -
(rspacer@yahoo.com)
Image above: LUC map with highlighting, by Juan Wilson of illegal fence (red line) within Conservation District (light green area). Click to download full PDF map.
Here is a package of documents regarding the Boundary Interpretation for Lepeuli just completed by the state Land Use Commission.
The State of Hawaii feels the boundary is between the gradual, lateral, coastal trail and the parking lot, by the ironwood trees. Waioli attorney Don Wilson is not pleased with the interpretation. Waioli Corporation is considering their next move - to appeal or drop the matter.
If it is upheld the fencing makai of the Conservation District boundary is in fact inside the Conservation District, Paradise Ranch could be ordered by DLNR to remove the unpermitted fencing AND pay fines of $15,000. per day. Fencing was installed May 21, 2011.
Paradise Ranch has authority to fence in the agricultural district with the Kauai county SMA permit, but NOT to block the lateral coastal trail (Condition 6). They gave up their state CDUP permit in January at BLNR in Honolulu. So, they cannot work in the state Conservation District.
Seperately, Kauai County can order the fencing removed from across the entrance to the lateral, coastal trail, irregardless of what land district it is in, as it was unlawfully installed in violation of Condition 6 of the county SMA permit under perceived authority of that permit.
See also:
Letter from Sierra Club to LUC
(http://www.islandbreath.org/2011Year/08/110804sierraclub.pdf)
Letter from Donald Wilson to LUC
(http://www.islandbreath.org/2011Year/08/110804donwilson.pdf)
Ea O Ka Aina: Lepeuli Beach access surprise 6/30/11
Ea O Ka Aina: Lepeuli Beach access gets hearing 6/23/11
Ea O Ka Aina: Illegal fence blocks Lepeuli Beach 6/13/11
.
Image above: LUC map with highlighting, by Juan Wilson of illegal fence (red line) within Conservation District (light green area). Click to download full PDF map.
Here is a package of documents regarding the Boundary Interpretation for Lepeuli just completed by the state Land Use Commission.
The State of Hawaii feels the boundary is between the gradual, lateral, coastal trail and the parking lot, by the ironwood trees. Waioli attorney Don Wilson is not pleased with the interpretation. Waioli Corporation is considering their next move - to appeal or drop the matter.
If it is upheld the fencing makai of the Conservation District boundary is in fact inside the Conservation District, Paradise Ranch could be ordered by DLNR to remove the unpermitted fencing AND pay fines of $15,000. per day. Fencing was installed May 21, 2011.
Paradise Ranch has authority to fence in the agricultural district with the Kauai county SMA permit, but NOT to block the lateral coastal trail (Condition 6). They gave up their state CDUP permit in January at BLNR in Honolulu. So, they cannot work in the state Conservation District.
Seperately, Kauai County can order the fencing removed from across the entrance to the lateral, coastal trail, irregardless of what land district it is in, as it was unlawfully installed in violation of Condition 6 of the county SMA permit under perceived authority of that permit.
See also:
Letter from Sierra Club to LUC
(http://www.islandbreath.org/2011Year/08/110804sierraclub.pdf)
Letter from Donald Wilson to LUC
(http://www.islandbreath.org/2011Year/08/110804donwilson.pdf)
Ea O Ka Aina: Lepeuli Beach access surprise 6/30/11
Ea O Ka Aina: Lepeuli Beach access gets hearing 6/23/11
Ea O Ka Aina: Illegal fence blocks Lepeuli Beach 6/13/11
.
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