LUC Rescinds Lepeuli decision

SOUCE: Hope Kallai (lokahipath2@live.com) SUBHEAD: Too good to be true. The craziness goes on. Who twisted whose arm on this embarrassment. By Juan Wilson on 5 August 2011 for Island Breath - (http://islandbreath.blogspot.com/2011/08/luc-rescinds-lepeuli-decision.html) Image above: Beach access is under attack throughout Hawaii. From (http://beachaccesshawaii.blogspot.com/). Hope Kallai has been an activist defending access to Lepeuli Beach for years. This morning she forwarded a copy (PDF) of a letter from the Hawaii Land Use Commission Officer Director Orlando Davidson. In effect it rescinds the determination that the recently constructed cattle fence that the traditional access to Lepeuli Beach was inappropriately placed without a permit on Conservation District Land.

August 3, 2011 To All Interested Parties: RE: Boundary Interpretation No. 11 -0 1 Upon a further review of the file, it appears that Boundary Interpretation No. 11-01 was issued without benefit of a "survey map showing the locations of the shoreline as provided for in section 205A-42, HRS." Pursuant to Section 15-15-22 (b) of the Land Use Commission's Administrative Rules, "(a)ll requests for boundary interpretations involving shoreline properties shall be accompanied by a survey map showing the locations of the shoreline as provided for in Section 205A-42, HRS." The party seeking this boundary interpretation did not provide such a map. Based upon this omission, Boundary Interpretation No. I I - 1 should not have been issued. Accordingly, Boundary Interpretation No. 11 -0 1 is hereby rescinded and of no further force and effect. Should any interested party request a boundary interpretation in compliance with Section 15-15-22 of the Commission's Rules, we will undertake to process such a request as expeditiously as possible. Please contact me if you have any questions. Very truly yours, Orlando Davidson - Executive Officer Mail: P.O. Box 2359, Honolulu, Hawaii 96804 Office: 235 South Baretania Street Suite 406 Honolulu Hawaii, 95813 Tel: (808) 587-3822 Fax: (808)587-3827 Email: lucdbedt.hawaii.gov Distribution List: Rayne Regush, Sierra Club Kaua'i Group, Hawai'i Chapter Mr. Donald H. Wilson, Esq., Belles Graham Proudfoot Wilson & Chun LLP William J. Aila, Jr., Chair (BLNR)

This follows the ruling in favor of beach access just four days earlier. See below and previous article(http://islandbreath.blogspot.com/2011/08/lepeuli-beach-fence-in-violation.html).

July 29, 2011 To Donald H. Wilson, Esq. : Belles Graham Proudfoot Wilson & Chun, LLP Watumull Plaza 4334 Rice Street, Suite 202 Lihu’e, Kaua’i 96766-1388 Dear Mr. Wilson: RE: Boundary Interpretation No. 11-01 Thank you for your letter dated July 27, 2011 regarding the above referenced Boundary Interpretation. The goal in every boundary interpretation is to make the determination based upon the best available information. In this instance, I believe that information from the landowner can certainly be relevant and useful as stated in your letter. Accordingly you are encouraged to submit to me all information, including survey maps, topographical maps, historical information and photographs that you believe will be helpful in reexamining the correctlocation of the Agricultural/Conservation boundary. If you elect to provide this information, could you please do so in the next thirty days. In addition, could you please confirm in writing that you intend to submit such information upon your receipt of this letter. Assuming that you elect to provide additional information, I believe that it would be reasonable for the Department of Land and Natural Resources and Kauai County to hold off taking action based upon Boundary Interpretation No. 11-01 while we undertake our review. Please do not hesitate to contact me at 587-3822 if you have any questions. Orlando Davidson - Executive Officer Mail: P.O. Box 2359, Honolulu, Hawaii 96804 Office: 235 South Baretania Street Suite 406 Honolulu Hawaii, 95813 Tel: (808) 587-3822 Fax: (808)587-3827 Email: lucdbedt.hawaii.gov

Oops! Who knew? .