Showing posts with label Access. Show all posts
Showing posts with label Access. Show all posts

Building your own internet

SUBHEAD: A digital justice project is putting people online and providing technology training in Detroit.

By J. Gabriel Ware on 26 march 2018 for Yes Magazine -
(http://www.yesmagazine.org/people-power/when-they-couldnt-afford-internet-service-they-built-their-own-20180326)


Image above: Dwight Roston is drilling on the roof of a home in Detroit’s Islandview neighborhood on the city’s east side. From original article.

Dwight Roston is part of a team that is setting up a wireless internet connection. The home is just one of 150 designated households in the city to receive free internet service by the end of the year.

In 2016, a coalition of media, tech, and community organizations launched the Equitable Internet Initiative, a project that will result in the construction of wireless broadband internet networks across three underserved Detroit neighborhoods.

Leading the initiative is the Detroit Community Technology Project (DCTP), a digital justice project sponsored by Allied Media Projects. Each network will provide wireless internet service to 50 households per neighborhood, according to Diana Nucera, executive director of DCTP.

“During the economic and housing crisis, communities had to fend for themselves,” Nucera says.

“Media and technology play such a vital role in economic opportunities, but the tech industry doesn’t really think about community organizing.”

That’s why, she explains, “we developed this approach called community technology.”

Detroit has one of the most extreme digital divides in the country, with more than 60% of low-income residents without broadband in their homes. According to a recent report from the Brookings Institution, residents in low-income or rural neighborhoods are the least likely to have broadband subscriptions.

Even discounted municipal or corporate broadband subscriptions, if available, are not necessarily alternatives for many families. After all, affordability is relative.

Last year, the United Nations declared internet access a human right. But like running water, which was also declared a human right by the U.N., it is considered a paid service in the United States. In 2016, a U.S. federal court ruled that the high-speed internet service can be defined as a utility, such as gas and electricity.

And as is the case with access to most utilities, there is a large gap between those who can afford internet service and those who cannot.

This digital divide, which includes lack of access to computers, is a barrier to success in day-to-day life tasks, so much of which is done online—from paying bills and other financial management to obtaining voting information, from completing homework to communicating with a child’s school.

The coalition raised just under $1 million from local and national foundations to finance the Equitable Internet Initiative. Funds were used to hire employees, buy equipment, and internet bandwidth.

They purchased three discounted wholesale gigabit connections from Rocket Fiber, a Detroit-based high-speed internet service provider. Their contract with Rocket Fiber allows the coalition to share its connection with the community—a provision not allowed by other companies.

Each neighborhood is represented by a partnering organization, whose locale is used as the central connection hub for service. In Islandview, it’s the Church of Messiah, a non-traditional Episcopal church. An antenna sits atop the roof and receives a point-to-point wireless connection from Rocket Fiber, which is then shared to the 50 designated households.

The community members are responsible for installation. DCTP trains a representative of the partnering organization, who then trains five to seven neighbors to install the equipment. These digital stewards, who Nucera says had no previous technical experience, are responsible for “building the networks.”

They mount CPE (customer premise equipment) dishes on top of the homes, which receive a signal from the hubs. Finally, they run cables from the dishes to the routers inside the homes.

Roston, a digital steward, says the work was foreign to him.

“Being a digital steward was completely out of the range of what I usually do,” he says. “I was so used to using the internet— all the software and everything—but I didn’t know how internet networks work.”

So far, he’s helped with getting 19 of the 50 designated households in the Islandview neighborhood online.

Wallace Gilbert Jr. is responsible for recruiting Roston. Gilbert is the assistant pastor of the Church of Messiah, and he’s also a digital steward trainer. He has worked in tech for 30 years and for the past several years has been teaching neighborhood youth to build and repair personal computers to take home. Digital literacy is among the needs of the community that the church provides.

One day Gilbert noticed quite a number of the children were using the church computers to complete homework assignments. “I asked one of the fellas why was he using the computer [at the church] when I know I helped him build a high-end computer,” he explains. “He told me that he didn’t have the internet at home.”

It was then, Gilbert says, he realized that the computers were useless if the youth couldn’t access the internet.

The Federal Communication Commission’s Broadband Task Force reported that approximately 70%  of teachers assign homework requiring access to broadband. According to the same report, 70% is also the rate of school-aged children in Detroit who don’t have internet access at home.

A mission of both The Church of Messiah and the Detroit Community Technology Project is to increase young people’s access to and facility with technology. This is why Gilbert and the church joined the Equitable Internet Initiative.

Nucera says the three-neighborhood project is about 50% complete. The coalition’s contract with Rocket Fiber expires next year, but another internet service provider has agreed to extend service for an additional three years. The next and final phase of the project involves developing a business model so that the residents will continue to have internet after the second contract ends.

This element of self-determination is also motivating, Roston says.

“You don’t ever want to give somebody something that they did not have and couldn’t do without and then take it away from them,” he says.

The bottom-up approach of having residents directly involved in building the internet, Nucera says, is a model that also strengthens community relationships, increases civic engagement, and redistributes political and economic power to otherwise marginalized neighborhoods

“If the community has ownership of the infrastructure, then they’re more likely to participate in its maintenance, evolution, and innovation,” she explains. “That’s what we believe leads to sustainability.”

The project is a model for any neighborhood, though, even at a small scale.

“I don’t want people to think that this can only be done with a million dollars,” Nucera says. “There’s different scales to this model. Two neighbors can come together and share internet, and they continue adding people to the network until it grows as to how big as they want it.”

See also:
Ea O Ka Aina: Indigenous groups start telecom 11/3/16
Ea O Ka Aina: Build a local low-tech internet 9/12/16
Ea O Ka Aina: Internet Economics 5/21/09




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Determining Kauai's Ala Loa Trail

SUBHEAD: State lawmakers may identify the path of the ancient Ala Loa trail on Kauai as a public trail.

By Timothy Hurley 17 February 2017 for Star Advertiser -
(http://www.staradvertiser.com/2017/02/17/hawaii-news/bill-aims-to-settle-disputes-over-trail-on-kauai/)


Image above: Photo looking west along the Kalaloa Trail on the north shore of Kauai. This section of the overall Ala Loa Trail system is still in everyday use. From (http://islandbreath.blogspot.com/2015/11/kauais-ala-loa-trail.html).

[IB Publisher's Note: To follow and comment on this legislation see (http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=120&year=2017)]

State lawmakers are weighing a bill that requires the state to identify the path of the ancient Ala Loa trail on Kauai and recognize it as a public trail.

The trail, which generally follows the coast around the island, apparently includes a section that crosses the property of Facebook CEO Mark Zuckerberg as well as other oceanfront property owners reluctant to open their land.

More than 100 people marched near Zuckerberg’s property Feb. 4 in what was billed as a peaceful demonstration to “Save the Ala Loa” and urge that it be opened to the public. Some were Native Hawaiians looking for coastal access for fishing and gathering purposes.

The bill, introduced by state Rep. Kaniela Ing, is expected to be approved on second reading today by the House Committee on Ocean, Marine Resources and Hawaiian Affairs and then move on to the House Committee on Water and Land.

The measure was approved Tuesday despite a request by state Department of Land and Natural Resources Chairwoman Suzanne Case that it be deferred.

In written testimony, Case said that while the department, through its Na Ala Hele trail and access program, has determined from registered maps that the trail is owned by the state, the problem is that the exact location still remains undetermined.

“To date the department has not been able to confirm the location of this historic trail — indeed evidence indicates it may have been located further mauka away from the coast near the main highway,” she said.

Nevertheless, officials remain committed to an ongoing dialogue with community members regarding specific trail locations, and the department is continuing to review “all available information” in an effort to determine the trail’s whereabouts, Case said.

But Jocelyn Doane, public policy director for the Office of Hawaiian Affairs, said more than enough information is available to pinpoint what she called a “critical cultural pathway.”

Doane said officials with OHA and the Native Hawaiian Legal Corp., along with community members in the Koolau district of North Kauai, have been working on the issue since 2011.

“Through this work and the great work of the community, OHA believes that the specific scope and location of the Ala Loa extending through the Koolau district has in fact been thoroughly documented,” Doane said.

The historic trail appears on maps from as early as 1833 through 1900 and is recognized in land commission award documents that date back to the Great Mahele, the land distribution of 1848.

What’s more, ancient coastal settlements in the Koolau district such as Moloaa, Papaa and Aliomanu were traditionally linked by the Ala Loa, she said, and accounts of the use of this historic trail have been documented in publications from 1829 to 1895.

Doane said she walked portions of the trail with community members only two weeks ago.

“There’s no question they know exactly where the Ala Loa is,” she said.

The state’s authority to claim ownership of ancient trails dates back to when Queen Lili‘uokalani and the legislature of the kingdom of Hawaii enacted the Highways Act of 1892, a law that still remains on the books.

Under the law, all roads, trails, bridges and other forms of public access that can be verified to have existed before 1892 continue to be owned in fee simple by the state.

The law applies even if the trail is not physically on the landscape, having, for example, been wiped out from ongoing land use activities or by natural events. But the burden of proof rests with the state, which must consider archaeological reports, historic maps, historic accounts, surveyor’s notes, deeds and other sources of information that might help determine state ownership.

In written testimony, Kauai County Councilman Mason Chock said identifying and recognizing the trail would be an important step in securing public-access, hunting and gathering rights for many Native Hawaiians.

It would also help end the escalating tension between Native Hawaiians, private landowners and residents in regard to its location, Chock said.

Some residents have complained about fences blocking access, security guards patrolling beaches and fishermen being threatened with arrest.

See also:
Ea O Ka Aina: Modest Disruption will unravel us 11/25/15
Ea O Ka Aina: No need for $7m from state 11/12/15
Ea O Ka Aina: Kauai's Ala Loa Trail 11/6/15
Ea O Ka Aina: The Toxic Truth 4/18/14
Ea O Ka Aina: The Ala Loa Trail 4/10/14
Ea O Ka Aina: Trails and Tribulations 2/26/13
Ea O Ka Aina: Sleeping with the Enemy 5/24/11
Ea O Ka Aina: Paradise Ranch Rationalization 2/16/11

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No need for $7m from state

SUBHEAD: Kauai County considers asking state of Hawaii for millions to fund public works programs.

By Juan Wilson on 12 November 2015 for Island Breath -
(http://islandbreath.blogspot.com/2015/11/no-need-for-7m-from-state.html)


Image above: Painting of typical "illegal" westside ohana beach scene by Emily Miller ~ 2006. Print scanned by Juan Wilson.

Below is an article from the Garden Island News reporting on plans to consider asking the state of Hawaii for $7 million for "capital improvements", some to be directed to the Salt Pond area of the Hanapepe - Eleele area where I live.

My take on this plan is to suggest it be broken up into separate issues, and the overall plan to be abandoned. I admit to having conflicting opinions on some of the issues in the plan.

For example, I am against people driving for recreation along the shore break or off-roading in the dunes behind the beach. However,  I see a need for residents to have access to beaches where there are not roads available (as illustrated in the image above).

Adolescent Treatment Facility
To begin with, it seems to me $5 million dollars from the state to house 8 beds of troubled teens seems inappropriate.

Essentially, the state sponsored adolescent treatment facility will be a minimum security prison. Over the last decade Kauai communities have rejected every attempt to site such a facility.

Here in Hanapepe the community pushed back on the plan to convert the former Humane Society facility on Lolokai Road near Salt Pond Beach Park. Similar rejections occurred in other suggested communities on Kauai. Can't Kauai communities find some more humane way to take care of eight of its own children?

Veteran's Cemetery Improvements
This cemetery, located on Lele Road,  is near Salt Pond Beach Park. It is one of several cemeteries in the area. There is the Hawaiian, the Chinese, and the Filipino Cemetery, the last of which is adjacent to the Veteran's site.

Neither the state or county take any interest or provides any maintenance for these other facilities and it shows. Why doesn't the County Council see a need in these other near?

According to the National Cemetery Administration the cemetery is owned and operated by a State of Hawaii. The state has not applied for and received a Veteran's Administration grant to establish, expand or improve this veterans cemetery.

Perhaps the Kauai County Council ask the state of Hawaii to apply for such funding to achieve the county's improvement goals.

It should be noted that this cemetery just completed a major improvement with a new garage and shop facility and major landscaping.

Centralized Vehicle Maintenance
Over time I think it will only make sense not to have single county facilities for services like the landfill, or a single vehicle maintenance facility. It may have some economic advantage today, but over time that will not be the case.

The idea that every bag of Hanalei kitchen garbage must require a trip around the island by twenty-ton truck will seem increasingly wasteful. So is driving a public works truck around the island for an oil change.

Besides the wasted energy, pollution and traffic congestion there is the damaging impacts of such trucks have on our  roads can be measured using an Equivalent Single Axle Load (ESAL) formula. A standard passenger car has an ESAL of .0007, while a 3-axle garbage truck has an ESAL of 1.0. This means one trip by a 3-axle garbage truck is equivalent to 1,429 car trips. See (http://www.titanrecycleandtrash.com/garbage_trucks_on_your_roads).

County and state services should be spread out regionally on the island, not centralized. Again, why should anyone have to drive from Kekaha to Lihue to renew a driver's license.

Salt Pond Master Plan
This ancient Hawaiian salt gathering site is on land "owned" by the State of Hawaii. Up until the 1960's it was used, maintained and operated by independent Hawaiian families.

Other ethnic groups became part of this community over the last century - Japanese, Filipinos, Portuguese, etc. Some time in the early 60's a group of families organized a hui (group, club, partnership, union, gang) to manage the Salt Pond area. The hui insisted that all of the families join them and pay an annual dues or lose their right to gather salt.

Some local families stayed and defied the hui. Politics continue to exist at Salt Ponds. It is my opinion that the proposed "improvements" for Salt Pond may be related to these politics and will have an negative effect by institutionalizing and officiating by the government of real Hawaiian ways of doing things.

The Salt Pond gathering area is bounded on the north by the approach from Lokolai Road, on the east by Kaalani Road and on the south by Kuiloko Road. There is a parking lot at the west end of Kuiloko Road that is used by many of the Salt Pond gatherers.

When my wife and I moved to Kauai in 2001, the area between the Hanapepe Airport fence and Salt Ponds was open and wide. People drove through this area to reach the beach from the west end of Kuiloko Road.

Particularly in the winter this area would be flooded by salty rain water. People would splash through the area in four-wheel drive to reach the beach to the west to hang out at sunset. Some people believed this traffic could contaminate the Salt Ponds. An effort was made to control this traffic by laying down a string of large boulders to contain this traffic near the airport fence line.

This seemed a pretty good solution to me. The law of the state does not allow access onto the beach by automobiles. However, I believe that people should not drive along the beach but should be able to reach the beach with there vehicles.

This position kind of straddles the current rules.  Keep in mind that the state, the military and the rich keep reducing the areas that can be accessed for recreation, hunting and fishing for the rest of us. Why else would we live here without access to the beach?

Up until 2001 westsiders had four-wheel access from Kekaha to Poli Hale - the longest stretch of beach in the state of Hawaii. Surfcasters, campers, off-roaders used this access everyday until the World Trade Centers came down.

The PMRF cut that off then and continues to do so to this day as a matter of  "security". The upside is that surfcasters will tell you that the fish that were waning are back in force along this stretch of beach.

The beach driving law is flaunted in a number of locations, like Poli Hale, Hanalei Black Pond Beach, Kekaha Beach, etc. For many on the westside car access to the beach is a way of life. It is a primary element in recreation for many families. Friday nights along the southern shore of Salt Pond Beach includes dozens of families that eat, party and relax together every week.

The current discussion about Salt Pond by the county includes blocking off the beach to automobile traffic altogether. That will not be popular.

Problems related to access for recreation and conflicting the state laws are not resolved.

Problems at the top
Back in 2006  then mayor Bryan Baptiste  was interested in building a large stadium at Puolo Point on the state land south of Hanapepe Airport that would have included a drag strip. He told the community that the county could have use of the land, on a long term lease for a $1 and acre per year from the State Department of Transportation.

Nadine Nakamura, a planner, was hired as a "facilitator" for a meeting with the "community" at Eleeele Elementary School. This plan was a very unpopular idea in the community. Neighbors  overwhelmingly wanted that area left alone.

No parking, no public restrooms, no stadium or drag strip... just nature and access to it. Nadine was smart enough to see what the people wanted and did not try to jam Baptiste's plan down our throughts. She, in fact, encouraged the community to act itself to determine Puolo Point's future. Baptiste was so upset that he ended the meeting telling the community that if they did not want his plan he would reject the lease offer from the state.

Since then there has been some change to Puolo Point. A helicopter chartering company illegally built a hanger and refueling station without a Special Management Area shoreline permit that was required.

A few homeless people have camped there for a while. The response of the State Department of Transportation was to put up "No Trespassing" all along the Ala Loa trail used by fishermen and the community. The fact is it is hard to camp there for long due to flying roaches, stinging ants and strong winds.

I suspect that if the state gets more involved with the Salt Pond, Puolo Point area that there will be a greater reduction of access for all of us.

Nadine Nakamura was voted onto the Kauai County Council a few years back. I supported her and voted for her. In 2013 there was great controversy over Gary Hooser's bill to manage pesticide use by Big Ag. Bill 2491 was eventually passed after modification by Nadine and JoAnne Yukimura, who both supported the bill.

Nadine was hired by the mayor as County Managing Director, a $100K position and left the council, right at the time of the crucial vote.  Mayor Carvallho then vetoed the bill but it was eventually overridden by the Council.  This was only because Mason Chock, who also supported the bill, was approved as Nadine's replacement just in the nick of time before the vote.

My point is, that Nadine is going to be the mayor's hammer on this $7 million dollar set of proposals. She will not likely to be the same woman I admired in 2006 as an advocate of the community.

See also:
Island Breath: Puolo Point Plan Meeting 5/26/06

Ea O Ka Aina: Bill 2491 into the home stretch 9/2/13
Ea O Ka Aina: GMO Bill 2491 Endgame Strategies 9/26/13
Ea O Ka Aina: GMO Bill 2491 Morphs 10/4/13
Ea O Ka Aina: Nakamura to replace Heu 10/14/13
Ea O Ka Aina: GMO Bill 2491 passes 6-110/16/13



County may seek $7M from State

By Jesica Else on 10 November 2015 for the Garden Island -
(http://thegardenisland.com/news/local/govt-and-politics/county-may-seek-m-from-state/article_f415d75b-06df-5f1a-8c8d-1d309f6a4d06.html)


Image above: New "No Trespassing - No Camping" DOT sign at Puolo along the Ala Loa trail at Point in August of 2013.  Isn't this a place where people should be able to camp and fish. Photo by Juan Wilson.

The County Council is discussing a list of projects that will go before the state Legislature for potential general obligation bond funding opportunities.

There are five projects on the Capitol Improvement Project funding list — $5 million for an adolescent treatment and healing center, $550,000 for a centralized auto maintenance facility, $400,000 to go toward the Salt Pond master plan, $500,000 for a helicopter hangar for the Kauai Fire Department, and $700,000 for construction and improvements at the Veterans’ Cemetery facility.

Nadine Nakamura, county managing director, and Keith Suga, county CIP manager, presented the five projects to the County Council.

The council ultimately decided the list needed further discussion in committee meetings before it is revisited at the next council meeting Nov. 18.

“I’m not adverse to anything on this list; however, I am not supportive (of approving this list) on the fact that there is more work that needs to be done on some of these items,” said Councilmember Mason Chock. “I am looking forward to having a more in-depth discussion on this and see how we can move forward with this list.”

The council was in full agreement with having the helicopter hangar, the Salt Pond master plan and the Veterans’ Cemetery facility on the list, but members needed more clarification on the other two items. Some councilmembers said they were hoping to see different things included on the list altogether.

“You look at the list and think it’s all worthwhile projects, but I ask where is the housing and the traffic and the roadway improvements?” Councilmember Gary Hooser said. “Then you start to see what is lacking and as I understand, general obligation bonds can be used for just about any capitol improvement project.”

Rep. Daynette Morikawa said Monday that Kauai has done “very well” when it comes to securing state funding, and she’s optimistic that the county will get some money from the legislature this year.
“It is always tough to get projects funded, but we, the Kauai Legislators, do our very best to work as a team in supporting all Kauai requests,” Morikawa said.

Salt Pond Master Plan
On the current list, there is a request for $400,000 for a master plan project to look at how to preserve the salt making culture on Kauai.

“The Salt Pond master plan is necessary to protect the salt beds and plan for better use of facilities which will preserve open space and allow for cultural information and history,” Morikawa said.

Director of Parks and Recreation Lenny Rapozo said there are several projects in the works at Salt Pond through Public Works, and this is a separate project that takes a look at how the county administration is working with area residents and families.

“This project is dealing with the stewardship of the salt makers,” said George Costa, director of the county’s Office of Economic Development. “We know that vehicles and people are in the salt area and part of the master plan is to discuss it with the families (so we can preserve the salt ponds).”

Costa said the department has looked at blocking off the beach to traffic, building a platform so folks can view the salt ponds without disturbing them, and adding salt-making demonstrations in the park.

“The goal is to work very closely with the community advisory group, and there will be multiple meetings to get a product that everyone can feel good about and sets a clear vision about what can happen in this area,” Nakamura said.

Adolescent Treatment and Healing Center
The plan asks the Legislature for $5 million to build an adolescent treatment and healing center on Kauai.

There are drug and alcohol treatment centers for adolescents on Neighbor Islands, but there isn’t a 24-hour facility on Kauai.

The center is in its beginning phase, with one feasibility study conducted in 2013 and an update in the works.

It would be a cluster of buildings that would be residential and a facility for group therapy, then there would be classroom space, Nakamura said. There will be about eight beds in the facility.

Councilmember JoAnn Yukimura questioned whether the administration had fully thought through putting the treatment center on the general obligation bond list.

“Isn’t it premature to be asking the Legislature for money before you have even the basic information about how this building is going to be used and operated?” Yukimura asked.

Hooser said he didn’t think there was a very high likelihood of the center receiving funding because there’s such a high demand for money from the Legislature.

Councilmember Ross Kagawa, however, said he thought the center should remain on the list.

“I’d rather have the state pay the $5 million than the county because it’s the state’s job anyway,” Kagawa said. “Our youth are better served here on the same island as where they live.”

Centralized auto maintenance facility
Currently there is one Public Works auto shop, built in 1978, that supports all 180 of the Kauai Police Department vehicles, which are among about 450 vehicles in various departments. The shop also supports the transportation and bus system’s growing fleet.

“The idea here is to create a centralized shop that would house repairs, not only for all of what Public Works currently does, but also the transportation agency’s units,” Suga said.

Suga said the idea is to also incorporate the fire department’s maintenance needs at the new facility.

Yukimura said the idea was basically sound, but she thought more emphasis needs to be put onto the transportation department’s buses.

“I’m concerned about transportation not getting the priority it needs to keep things up and running,” Yukimura said. “People need those buses to get to work.”

Last year, Kauai County got about $5 million in general obligation bonds from the state, and councilmembers said they thought it was reasonable to expect around the same amount again.
“If the Legislature has $4 million to give us, they’ll decide which project to fund,” Kagawa said.

He suggested that the County Council take a look at the current list and bring their own ideas forward throughout the week, so that the list is backed by a united front when it goes before the Legislature.

The County Council has set a deadline of Nov. 27 for the package, which gives them about three weeks for final approval. The list will be in committees until the next council session, where it will again be on the floor for discussion.

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Kauai's Ala Loa Trail

SUBHEAD: Conference on the history and importance of the historic Hawaiian foot trails on Kauai.

By Richard Spacer on 6 November 2015 in Island Breath -
(http://islandbreath.blogspot.com/2015/11/kauais-alaloa-trail.html)


Image above: Photo looking west along the Kalaloa Trail on the north shore of Kauai. This section of the overall Ala Loa Trail system is still in everyday use.  From (http://emilyberkson.com/hawaii/kauai-2/day-trip-iii-kalalau-trail/).

Last summer (2014) Hope and Tim Kallai organized a trails conference held in Kilauea with a focus on Kauai's Ala Loa Trail. Attorneys, activists, and archaeologists attended from around Hawaii.

The public attended and learned a great deal about ancient historic trails and the legal rights of access to them. The result is 12 videos which are now online on Youtube.


Video above: 1. Richard Stevens. From (https://youtu.be/fDRfQSkCtxg).


Video above: 2. Tom Pierce. From (https://youtu.be/dpjWMRNm5H4).


Video above: 3. Allen Murakami. From (https://youtu.be/iNmNfK14LPQ).


Video above: 4. Jane Naone. From (https://youtu.be/fTHhlhtmCZU).


Video above: 5. Debbie Chang. From (https://youtu.be/gq433mFiK7Q).


Video above: 6. Lucienne De Naie. From (https://youtu.be/pIwb7x9_lN0).


Video above: 7. Dennis Hart. From (https://youtu.be/MWviiSv1Amw).


Video above: 8. Erik Burton. From (https://youtu.be/cIB7Z7JDpYY).


Video above: 9. Teddy Blake. From (https://youtu.be/brvQEJ4_WwY).


Video above: 10. Alaloa o Manokalanipo. From (https://youtu.be/lm_QYwEEGGI).


Video above: 11. Questions & Answers. From (https://youtu.be/3KUGwf6SzKM).


Video above: 12. Trail Workshop Summary. From (https://youtu.be/GIvQH6CAjBw).

See also:
Ea O Ka Aina: The Ala Loa Trail 4/8/14
Ea O Ka Aina: Trails and Tribulations 2/25/13
Ea O Ka Aina: Sleeping with the Enemy 5/23/11
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Haena State Park Master Plan

SOURCE: Lyn McNut (zensea1@gmail.com)
SUBHEAD: Review and comments on the Hawaii DLNR draft of Environmental Impact Statement.

[IB Publisher's note: See below for copy of DEIS and invitation for you to make comments on Haena State Park Master Plan. Incidentally, the PDF file is over 1,000 pages. Kind of like Obama's health plan - too long for anybody to actually read.]

By Don Heacock on 4 August 2015 for HI Div. of Aquatic Resources
(http://islandbreath.blogspot.com/2015/08/haena-state-park-master-plan.html)


Image above: Aerial photo of Haena State Park area with Kee Beach at right. From (http://liveinhawaiinow.com/haena-state-park/).

General Comments:
The Plan is well written, documented and referenced. The DAR should fully support the Community-Based Management (CBM) approach, and their goals, objectives and recommendations within the Plan. Increased CBM of natural and cultural resources within the Park, and the proposed significant (50%) decrease in visitor daily traffic, and use of facilities and natural resources, will be an essential step in the restoration of the Park’s ecological and cultural integrity.

The proposed addition of Educational and Cultural Center (ECC) facilities and uses will enhance community stewardship, build community capacity, and will therefore help towards the long-tern conservation and sustainable use of natural and cultural resources within the Park.

Generally, all proposed facilities, and where possible existing facilities, should be designed or modified to minimize impervious surfaces, and maximize storm water infiltration. Ideally, the existing hydrological and hydraulic conditions within the Park should be kept in as natural condition as is possible to protect quality of receiving waters, to prevent soil erosion and to promote infiltration to groundwater.

Based upon direct observations, and discussion with Surfrider Foundation, the existing wastewater facility, composed of septic system, constructed wetland and leach field is under designed (too small) and the constructed wetland in inadequately planted with high nutrient removing plants to meet the huge public demands on the system.

Although reducing the total vehicular traffic to 900 cars per day will certainly help the IWS function better. Without enhancement of the existing IWS (e.g., increase numbers and species of wetland plants, increasing size of constructed wetland, etc.) the system will not function properly and nutrient enrichment of the groundwater and nearshore marine environment  (Class AA waters) will continue.

Specific Comments:
Page 2-3, first goal should read, “Recognize that the entire Park is ecologically and culturally significant.”

P.2-28, in order to minimize the impacts of microhydropower systems on native Hawaii amphidromous biota, the diversion intakes must be designed to have low-velocity intakes placed subsurface in relatively deep pool in the center of the stream in order to minimize entrainment of larval or post-larval stream animals.

Section 2.5.4.4, under “Artificial light”, add to the last bullet:
“…during the seabird fledgling season September to December, and during the sea turtle hatching period July to September, and    yellow lighting invisible to honu should be used near the shoreline.

P. 3-34, Potential Impacts to Soils and Mitigation: amend this section to include perhaps the most important Best Management Practice (BMP) with is to “allow all large-scale grading, grubbing and stockpiling of soil only during the summer months (i.e., May 1 thru October 31).

P. 3-46, Table 7: Registered Diversions from Limahuli River:
A water budget study needs to be done to provide baseline data on:
the total amount of water diverted from each of the six water users:
document what purpose is the water being diverted (e.g., irrigation of taro, domestic uses, etc.).

Additionally, microhydropower should only be integrated with, and ancillary to, taro lo’i production, since taro lo’i are recognized as a “Public Trust Beneficial Use”, therefore they have appurtenant water rights, but hydropower is only recognized as a “beneficial use” without having appurtenant water rights.

P. 3-47, Mitigation measures under consideration should also include  the parking lot being surfaced with gravel or other pervious pavements to minimize impacts to the existing hydrological and hydraulic conditions, thereby minimizing stormwater runoff and soil erosion.

Section 3.5, Wetlands. Wetlands have great potential for integration with existing Individual Wastewater Systems (IWSs), particularly with integrated “ecological wastewater aquaculture systems”, using aquatic plants as biofilters that remove nutrients and dissolved solids. Such a system, appropriately designed could significantly increase the effectiveness and efficiency of wastewater treatment, removal and recovery of nutrients, protection of groundwater and nearshore marine quality, and the recovery of high quality R-1 water for reuse.

P. 3-48, The existing comfort station/IWS is currently not functioning properly and nutrients and bacteria are being discharges from the leach field and entering both the groundwater and nearshore marine waters (pers. Observation; pers. comm. with Dr. Carl Berg, Surfrider Foundation).  In particular, the constructed wetland is missing most of its plants and cannot adequately remove nutrients.

P. 3-57, The Plan states that, “one management strategy is “to protect the long-term sustainability of the Park’s nearshore marine resources”; this is a goal statement, not a strategy; the strategic plan would sit objectives, timelines, identify person responsible and give details about how and when the goal would be reached.

Additionally, long-term resources monitoring should include: fish catch and effort data, species composition of catch, size (length) of fish caught, number caught, and gear and methods used.

P. 3-59, second to last para., Kido’s estimated 48, 00 m tonnes of plant liter being processed with Limahuli River ecosystem and being exported as organic nutrients into the ocean during floods.” This phenomenon strongly supports the need to restore traditional lo’i kalo within the watershed  to help function, as “constructed wetlands” and as the “kidneys of the watershed”, where the lo’i trap and recycle organic matter and nutrients, improving the productivity of the taro, and also keeping these nutrients out of the oligotrophic reef ecosystem.

P. 4-29, Water.  Again, a detailed water budget should be done to quantify total water being diverted from each of the 6 water users, and the diversion structures documented as to type, placement within steam, and intakevelocities to assure minimal impacts on migratory native larvae and post-larvae.

P. 4-30, Under Potential Impacts and Mitigation and additional method of water conservation within the Park not mentioned is to design and implement a “grey water system” that directs all potable water used for showers and sinks in facilities, both existing and proposed, to drain through subsurface perforated irrigation pipes to irrigate gardens, taro lo’i  and or dryland taro patches,  and finally to recharge groundwater; ideally environmentally safe soaps, which contain excellent plant nutrients like Oasis soaps, should be used within the Park. Greywater systems integrated into the Park’s facilities would reduce the amount of water diverted from Limahuli River that is now used for these purposes.

P. 4-31, third para., Wastewater.  Again, the existing IWS, with its septic tank, constructed wetland and leach field appears to be malfunctioning because excess nitrogen, nutrients and bacteria are being discharged into the ground water and into nearshore marine waters (pers. comm. Dr. Carl Berg, Surfrider Found.).  The cause of this malfunction appears to be lack of adequate wetland plants in the constructed wetland (about 80% are missing, pers. observ.).

P. 4-34, last para., Best Management Practices (BMPs) listed should include that all major grading, grubbing and stockpiling of soil can be done only during summer (May 1 through October 31) months to reduce severe soil erosion that can occur during large winter storms.

P. 7-4,  Because the construction of the proposed new facilities will require the irreversible and irretrievable commitment of natural resources, all grading, grubbing and stock-piling of soil should be done only during summer months to minimize impacts to stream and nearby coral reef ecosystems.

Also, it is important to understand that hydropower, depending upon the design and placement of the intake structure, and on the amount of water diverted from the stream,  can have significant negative effects (e.g., entrainment and impingement and associated mortality, loss of habitat, decreased water quality) on migratory fishes,  for example our native Hawaiian amphidromous stream fauna made up of goby fishes (‘o’opu), prawns or shrimp (‘opae) and snails (hihiwai and hapawai).

Appendix A, Section E. Wastewater System. It is unclear how placing the IWS absorption bed under the parking lot (which should be covered with gravel or pervious pavement to allow infiltration and minimize stormwater runoff and soil erosion) will provide separation of  IWS effluent from groundwater; this needs to be clarified.

Because if, as an alternative, a properly designed and sized IWS with a larger than existing constructed wetland that would treat wastewater to R-1 classification, then the R-1 water could be reused for many purposes within the Park.

Sincerely,

Donald E. Heacock, Kauai District Aquatic Biologist



Invitation for Comments on Haena Plan

 By Deborah L. Ward on 24 July 2015 for Dept. of Land & Natural Resources
 (http://oeqc.doh.hawaii.gov/Shared%20Documents/EA_and_EIS_Online_Library/Kauai/2010s/2015-07-23-KA-5B-DEIS-Haena-State-Park_Master-Plan.pdf)

After several years of research, community meetings, and previous attempts to develop a master plan for the park, the Division of State Parks of the Department of Land and Natural Resources has completed a master plan and draft Environmental Impact Statement (DEIS) for Ha‘ena State Park.

Together with a 32-member community advisory committee, a team of consultants, State Parks and its contractor PBR HAWAII, refined a previous version of the master plan drafted in 2001 with a renewed emphasis on the cultural and historical significance of Ha‘ena as well as solutions to the natural hazards, traffic and parking congestion.

The DEIS was published in today's edition of the OEQC bulletin for a 45 day public review and comment period which ends on Sept. 8, 2015.  The document can be found through OEQC's website at (http://oeqc.doh.hawaii.gov/Shared%20Documents/Environmental_Notice/Archives/2010s/2015-07-23.pdf), or directly at (http://oeqc.doh.hawaii.gov/Shared%20Documents/Environmental_Notice/Archives/2010s/2015-07-23.pdf). It is a 1,021 page PDF file.

One recommendation in the revised master plan is to limit the number of people who enter the park to 900 a day. This suggestion came out of a number of meetings with the master plan advisory committee, a 32-member committee that was formed to help develop the plan.  

That number includes hikers on the Kalalau Trail, but not overnight campers with valid permits, and may be adjusted over time.  The plan envisions an educational and cultural center which will become the point of entry.  An interpretive path will provide access to Kee Beach along an elevated boardwalk and located makai of the current highway and is designed to take people out of a rockfall hazard zone.

Haena, the storied place at the far northwestern corner of Kauai’s North Shore, is also home to one of the State of Hawaii’s busiest state parks, Haena State Park. Roughly 65.7 acres in area, the park contains significant cultural and ecological resources, as well as the trailhead to Kalalau Trail and the Napali Coast State Wilderness Park. Its beaches, sheltered lagoon, and scenic resources make it a popular visitor destination.

A recent rockfall hazard study identified a high-risk area along the highway which is the main visitor corridor to Kee Beach. This mix of resources and the potential conflicts and safety hazards give rise to the need to develop a conscientious and comprehensive master plan in order to balance conservation, recreation, cultural integrity, and public safety.

For more information on the master plan, contact the Division of State Parks at (808) 587-0293 or PBR Hawaii at (808) 521-5631.

Comments on the draft EIS should be sent by the September 8th 2015 deadline to: 

US Mail
Lauren Tanaka, Division of State Parks
1151 Punchbowl Street. Room 310
Honolulu HI 96813
Email
Lauren.A.Tanaka@hawaii.gov

or to planning consultant:

US Mail
Kimi Yuen, PBR Hawaii Associates
1001 Bishop Street Suite 650
Honolulu, HI 96813
Email
kyuen@pbrhawaii.com 

See also:
Ea O Ka Aina: Haena Subsistence Fishing 8/5/15

.

Please step out of the vehicle!

SUBHEAD: It's for your own health, safety and sanity. You can't say you haven't been warned.

By Juan Wilson on 3 March 2015 for Island Breath -
(http://islandbreath.blogspot.com/2015/03/please-step-out-of-vehicle.html)


Image above: Kauai Police Department’s Sgt. Roderick Green stands with one of the new Ford Explorer Police Interceptor Utility vehicles. From (http://thegardenisland.com/kpd-car-jpg/image_a19f6118-c8f2-11e2-86c8-0019bb2963f4.html).

Last week I attended a meeting with some of the members of a Kauai group of a national environmental organization. The group does good work for the community as well as provide services for the island and its visitors.

Much of the in-house work of the group has been adapted to work done at home and through telecommunications. This saves greatly on fuel burned in order get from Hanalei and Hanapepe just to sit and the same room and talk.

However, every so often we do get together for meetings when needed. The meeting was set for 11:00am at a unit of the Waipouli Beach Resort opposite the Kapaa Safeway. I began my trip from Hanapepe Valley with over an hour set for traveling time. Thus began my tribulation. 

Highway Blues
There is only one way around the island - the Kaumualii and Kuhio Highways that link up in Lihue.   They were crowded all the way from the Westside to the Eastside of the island. Some of it was normal Kauai traffic but I also had to pass a nasty accident between Tree Tunnel Road and Halfway Bridge.

If you are familiar with  in that area you might have noticed there is a "Bike Lane" marked with signs going west from Puhi. It mysteriously disappears before you get to Knudsen Gap with a cryptic sign that simply reads "Bike Lane Ends". What bike lane merely ends in the middle of nowhere?

I think this "Bike Lane Ends" is due to the fact that the bridges over the stream crossings along much of the Southside after Halfway Bridge were built in the 1930's when the vehicular traffic on Kauai was so light that oncoming traffic was a rarity.

Back then one-lane bridges were acceptable. From 1911 until the late 1938 the main highway over the Hanapepe River was a one-lane bridge.

Now those one-lane bridges over the Route 50 on the Southside are deathtraps to pedestrians and bikers, if two trucks are passing one another while you are on one of those bridges. Between the stone wall of the bridge and the side of a speeding truck there is hardly the room for a wobbly bike handle bar.

Several years ago my wife Linda and I were driving west on this section of road and came across a couple with three young children on bikes as they were approaching the "Bike Lane Ends" sign. They kept going and Linda and I worried about their safety.



Image above: Approaching the "Tree Tunnel" Road from the west. Note stone bridge over stream ahead with no margin for bikes or pedestrians. (http://islandbreath.org/2005Year/a05-01-access/0501-13KauaiBikeways.html)

Accident Along the Highway
As I passed the Tree Tunnel Road going east there were cones in the road diverting traffic around a tree trimming operation that was working on the side of the road going westbound. Traffic slowed to a crawl. But the traffic was not alleviated once past the tree trimming trucks. There were more cones behind the trucks diverting westbound traffic toward the east-bound traffic so as to avoid the tree trimming. Ahead of me were flashing lights. Two cop cars and a fire truck were there. Also an ambulance with a empty stretcher.

East of the ambulance a single new model car was parked on the verge with a caved in grill. Behind the ambulance I could just see the outstretched arms of the victim. It seemed the paramedics were still working to stabilize the victim before transfer to the stretcher.

What seems to have happened was a cyclist followed the line of cones and was clipped from behind by the car with the bent grill. A did not see a twisted bike, but I figure someone walking would have stayed outside of the cones and avoided the traffic until they got to the tree trimming.  

More Different Bike Path
If the state and county had any interest in cycling they would change their priorities entirely. At a fraction of the cost per mile of their current "Bike Path"construction plans, they could make much of the island accessible for bikes. They would simply add a relatively cheap bike crossing bridge on the sides of the 1930 deathtrap they call bridges now along the southern leg of Route 50. I have not counted them but my sense it it may be as few as a dozen such crossings.

On the Southside this would open Koloa, Poipu, and Kukuiula to cyclists as well as be the first phase of a gateway to the whole Westside. Once past Kalaheo riders could take the lovely Rt 540 bypass down to Old Hanapepe Town. Beyond this, biking is fairly easy.


Image above: Does this Costco look familiar? The corner entrance, the food court on the right hand, the mountain in the background?  No it's not Puhi, but Costco Rancho Cucamonga. From (http://www.fuscoe.com/portfolio-items/costco-wholesale/).

Continuing Down the Road
The traffic was solid past halfway Bridge and into Puhi.  There a large new shopping plaza is arising in what was recently an open field opposite the Chiefess Kamakahelei, Middle School and the YMCA of Kauai Fitness Center. Both of those were fields in recent years too. Nearby is the Home Depot and Costco (which replaced a public park). The effect of all this is architectural chaos and suburban sprawl.

What was once open space on either side of the road is morphing into the southern California hell of Rancho Cucamonga.

The road goes on in a river of rental cars and commuters through the new (five years in the making) highway widening passing the Kukui Grove Mall, on past the Walmart and beyond.

I know, I know... this is what progress means. More time in your car's air conditioning, listening to an $800 dollar sound system while you checking your iPhone's text messages. At least you're getting some hard earned "me time".

But I digress.

Counter Intuitive Counter Flow
Once past the Walmart and Lihue we're into the chute of traffic cones that define the Counter Flow Lane between Hanamaulu and Kapaa. Every weekday northbound Route 50 is reduced to a single narrow lane by the placement by hand of thousands of OSHA orange traffic cones that allow two lane traffic south for the rush hour for half the day. I forgot the cost for this daily service that requires two trucks and a crew of eight.

Along the way we come to the next hurdle -  the traffic pile up once over the Wailua River of people trying to access Kaumoo Road and one of the largest areas of residential development on the island. This bottleneck is right where some idiots want to rebuild the Coco Palms Hotel. It was a bad idea when it was built over a Hawaiian cultural site and graveyard in 1953 and it's a worse idea now.

Climate change driven global warming will make this spot untenable in not much more than a generation. We have already seen the ocean cut away the beach right to the edge of the highway in 2012. (see http://islandbreath.blogspot.com/2012/08/wailua-beach-under-water.html and http://islandbreath.blogspot.com/2012/06/wailua-beach-erosion.html and http://islandbreath.blogspot.com/2012/12/wailua-beach-elephant-path.html). Some kind of passage across the  Coco Palms site may be the only way to to keep the north and south sides of the island connected.


Image above: Wailua Beach in 2012 with erosion taking out the life guard stand and endangering the highway. From (http://islandbreath.blogspot.com/2012/06/wailua-beach-erosion.html).

The Last Leg
Soon we are on to what was once called the Royal Coconut Coast. A 100 acres of coconut tree orchards were spread out on both sides of the Kuhio Highway. Over decades it has been picked apart by development. The Coconut Marketplace was one of the earliest big modernizations. It is now an almost abandoned shopping area with a few tourist traps. Most recently a gigantic Longs Drugs plaza was built blacktopping acres of coconut trees. More is planned. A few scraggly patches of palms still stand. Even that will be gone soon.

Then we crawl through traffic to Waipouli. Sprawl is dense here. Large supermarket anchored plazas (Foodland and Safeway) sit side by side. In the Waipouli Shopping Plaza where the Safeway is sits the now abandoned old Long's Drug store and a variety of low traffic store fronts.

Deep in this plaza was once a beautiful inner court that featured a waterfall behind a lava lock stage facing a lawn with a stream leading past a koi pond next to an artist's gallery.  Papaya's Health Food Store faces that courtyard and had tables and umbrellas for people to eat and rest in a cool quiet space away from the highway. It was truly a place of refuge on the suburbanized Eastside of Kauai.

Now waterfall, the stream the grass and the pond and gallery are gone. It was all  blacktopped over for additional parking that were requested by struggling retailers.

Across the street from the Waipouli Shopping Plaza was once about ten acres of undeveloped beachfront property with low dunes rimmed with ironwood trees. A field of grasses and bushes came all the way to the highway.

This was my destination. But it was not a field any more. It is now the recently opened Waipouli Beach Resort. It's also provides residences and vacation rentals.


Image above: Nighttime under the stars at theWaipouli Beach Resort. Tropical Elegance of Surf, Sun & Sushi equals Livin'the Dream!" From (http://www.vrbo.com/122141).

The meeting I was going to was to take place - in a top floor suite of the Waipouli Beach Resort. This one was one of the projects our group had fought so hard to stop in 2005 and 2006. (see http://islandbreath.org/2005Year/a05-02-growth/0502-08badplanning.html and http://islandbreath.org/2006Year/02-development/0602-07CocoPalms2.html)

I had never been on this site after construction. After the meeting I went on a walking tour around the grounds. The buildings are dense and as tall as legally allowed. They cluster around one of these amusement park styled pools that go on forever with slides and coves and even sport an artificial beach. I finally crossed the Eastside bike path along the ocean shore.

The developers of the Waipouli Beach Resort tried to force it mauka to go along the highway instead of along the shore. They lost that battle but their landscaping kind of hints that you are trespassing if you are in front of their beach.

But strangely that beach was empty. The swimming there is not good. It requires crossing a long shallow jagged reef.

Even so, you'd think that if you were at a "beach resort" you might try at least try sunning on the shore for a while. But no. Everybody was at the pool. It was safer and you can get a drink and a hamburger poolside. Who even needs a beach at a beach resort?

Some background
I guess I'm spoiled by having driven on Kauai for over a year in 1971-72. Back then there were no traffic lights at intersections of public roads. There were yellow warning lights on public roads that were occasionally turned on at harvest time when cane haul trucks crossed public roads loaded with sugarcane going to the mill.

Today the mills are dormant and much of the island is denied via the cane haul roads by padlocked gates. But back in the day the public had access to the streams, waterfalls, and forests of the plantations if it wasn't harvest time. Back then you could enter plantation property to park and then hike into all kinds of wonderful places. Not any more.

One after another those special mauka (inland) places have been denied -  Ooiki Falls in Hanapepe Valley; Waipahee Slippery Slide, Kealia; Kipu Falls, near Puhi...

...That is unless you have paid a hefty fee for a ride in an off-road-vehicle across tough terrain, or on a zip line through the trees, or in an inner-tube down a ditch.

Those old places for recreation will be lost to people on Kauai until the credit card wielding tourists don't come by the thousands anymore and the GMO companies fade back to the mainland.


.

Zuckerberg's idea of Kuleana

SUBHEAD: Facebook's Mark Zuckerberg buying 700 acres of Kauai north shore.


[IB Publisher's note: This correction from Richard Spacer:
"On the Zuckerburg article, you made the same mistake Andy Parx did.

The Zuckerburg purchases have nothing at all to do with Lepeuli. Lepeuli is the ahupua'a that Lepeuli Beach aka Larsen's Beach is in. The land owner is, and remains, Waioli Corporation, a public charity governed by a board of trustees with Wilcox family members and friends.

Waipake makai of Koolau Road was bought by Zuckerburg from Falko Partners, owned by San Mateo hedge fund owner Larry Bowman. That beach is Waipake Beach.

Pila'a makai was bought by Zuckerburg from Jimmy Pflueger. There are two beaches in Pila'a.

None of this has any connection with Lepeuli. Even the photo caption mention Lepeuli when the photo is of Waipake Beach. Thanks."
The illustrations and description relating purchase to Lepeuli has been removed. Mahalo Richard.



By Erin Carlyle on 10 October 2014 for Forbes Magazine -
(http://www.forbes.com/sites/erincarlyle/2014/10/11/confirmed-facebooks-mark-zuckerberg-paying-more-than-100-million-for-kauai-property/)


Image above: Mark Zuckerberg and his wife, Priscilla Chan, (center) walk in Hanalei after lunching at Bubba Burgers on a vacation this spring. From (http://www.nydailynews.com/news/national/mark-zuckerberg-priscilla-chan-low-key-hawaii-vacation-article-1.1326290).

Facebook’s Mark Zuckerberg has purchased two massive, adjacent chunks of land on Kauai’s North Shore in an effort to create a secluded 700-acre sanctuary for his family, sources have confirmed to Forbes. All told, the 30-year-old billionaire has spent in excess of $100 million to acquire the land, and he hasn’t even built a house yet.

The first acquisition is Pila’a Beach, an isolated, 393-acre parcel with a gorgeous white sand beach. Property records show that an entity called Pila’a International LLC paid $49.8 million for an 89.2% stake (or about 350 acres) in the property on September 12. Pila’a International, LLC has an office in Woodbridge, Conn. The property was not officially listed, but was being shopped discreetly as a “pocket listing.”

Zuckerberg’s second acquisition is the adjacent Kahu’aina Plantation, a 357-acre former sugarcane plantation that has been off-and-on-the market for a few years, most recently listed for $70 million. That property features 2,500 feet of oceanfront and a working organic farm. The sale price has not yet been recorded at the county, but local reporter Duane Shimogawa of Pacific Business News pegs it at about $66 million. Sources tell Forbes his reporting is accurate.

Though the Facebook billionaire brought an unusually lengthy non-disclosure agreement along on his property shopping trip, the fact that he bought land on Kauai’s North Shore is a well-known secret on the island. Last year, when Zuckerberg dined at burger joint Bubba Burgers he made the local paper’s front page.

“We don’t comment on rumors and speculation, but thank you for reaching out!” a Facebook spokesperson said.

Zuckerberg purchased Pila’a Beach from Pflueger Properties, a Hawaii limited partnership belonging to Jim Pflueger, a retired local Honda dealer. Last year Pflueger reportedly pled no contest to felony reckless endangerment after seven people were killed in a 2006 collapse of a dam on his property.
The Pila’a Beach property consists of five separate parcels, each which could be developed into private homes.

Sources tell Forbes that Zuckerberg plans to build just one home on the parcels. But he will have one neighbor, Denver executive Gary Stewart of Melange International, who purchased the remaining 10.8% interest in the property for $6.04 million under the name Koa Kea International LLC, according to property records. Sources tell Forbes that the billionaire tried to buy Stewart out, but that the oil exec wasn’t interested. Stewart did not respond immediately to Forbes’ inquiry about the property.

But the 30-year-old tech executive is having better luck buying out what a source says are as many as two dozen “kuleanas,” or small plots of landlocked land within the greater 357 acres that is Kahu’aina Plantation.

Kuleanas are plots of land that often house basic, even ramshackle huts, many without electricity, which have been passed down through families over generations. They are generally used as rustic weekend or vacation spots, although some people live on them full-time. Zuckerberg is said to be paying large sums for these tiny plots of land, so that his compound can be totally private.

The Kahu’aina Plantation had been approved for up to 80 homes, so Zuckerberg’s buy seems designed to fend off potential neighbors. The seller of the plantation is San Mateo, Calif.-based Falko Partners, which is reportedly owned by a Hawaii landowner named Larry Bowman.
Zuckerberg has a net worth of $32.2 billion at the time of this story.

Corrections and amplifications:
The original article implied that “kuleanas” were the residences on landlocked plots of land within a bigger parcel. “Kuleanas” actually refers to the land rights themselves. Also, a beach was referred to as “private”; Hawaii has no beaches that are not open to the public.

See also:

Ea O Ka Aina: Larry Ellison - Oracle 6/21/12
Oracle Corporation's CEO buys Lanai from Castle & Cook's David Murdoch for half a billion dollars. Too bad Bill Gates and mark Zuckerberg - you missed out.

Ea O Ka Aina: Trails and Tribulations 2/26/13
For centuries Native Hawaiians in the ahupua'a of Lepeuli, on the windward or Koolau side of Kauai, have lived their lives, fished and grew taro ...

Ea O Ka Aina: The Ala Loa Trail 4/10/14
Lepeuli Beach from the Ala Loa Trail on Kauai's Koolau northshore.



.

Haleakala Trail is public land

SUBHEAD: Jury finds that the Hawaiian public owns and has always owned the Haleakala Trail.

By Staff on 23  April 2014 for Path Maui -
(http://pathmaui.org/jury-finds-that-the-state-owns-and-has-always-owned-the-historic-haleakala-trail/)

http://www.islandbreath.org/2014Year/04/140427trailmarksbig.jpg
Image above: Some Haleakala Trail guideposts that guided the way for thousands over many years. From original article. Photos by Shannon Berkowitz on 12/15/13from original article. Clock to embiggen.

On Wednesday, after a long fourteen day jury trial before Judge Cardoza in the Maui Circuit Court, a jury returned a verdict in favor of the State of Hawaii (State) and plaintiffs Public Access Trails Hawaii (PATH), David Brown, Ken Schmitt, and Joe Bertram III, who are the lead plaintiffs in a class action on behalf of all pedestrians in Hawaii.

The jury found that the State owns—and has always owned—the historic Haleakala Trail. The jury also dismissed Defendant Haleakala Ranch Company (HRC)’s competing claim to ownership of Haleakala Trail, which the State and plaintiffs have long alleged was based on no evidence or law.

David Brown, executive director of PATH and one of the lead plaintiffs in the case, said that the jury verdict was “monumental and ground-breaking.” “The court victory today should be celebrated by anyone who wants to recognize, preserve and protect Hawaii’s unique and rich cultural past, including Hawaii’s historical trails,” Brown explained.

Ken Schmitt, another lead plaintiff, added that although Hawaii has many laws that protect the public’s interest in Hawaii’s historic trails, including the Highways Act of 1892, which places trails in the public trust, the political reality in Hawaii is that trails are often neglected and ignored.

Schmitt reiterated the importance that this jury verdict had, and in particular applauded the State’s active role in defeating dubious claims of ownership to historical Hawaiian trails.

At trial, the State and plaintiffs presented evidence showing public use and government ownership of Haleakala Trail, including documents from the Hawaii State archives, government maps, newspapers, legislative journals, and travel narratives including those from Mark Twain, Jack London and Isabella Bird.

There was also expert testimony from Anthony Crook, a professional surveyor, Doris Moana Rowland, the Na Ala Hele State title abstractor, and Richard Stevens, Ph.D., a world historian and expert trail researcher.

Brown said that the jury really connected with the story that the State and plaintiffs presented at trial. The evidence at trial demonstrated that Haleakala Trail was a continuation of a long-established native Hawaiian trail, which connected to an overland pass across East Maui through Haleakala Crater. Westerners began ascending Haleakala Trail long before the Mahele of 1848.

Later, the government significantly improved Haleakala Trail through two major public work projects, by the Kingdom of Hawai‘i in 1889 and by the Territory of Hawai‘i in 1905. In 1905, a Maui News article celebrated the improvements to Haleakala Trail, trumpeting that:
 “It will be of general interest to the people of the Islands to learn that the Haleakala trail is now completed to the top of the crater... Come one; come all: and view this the grandest sight of Maui.” 

Also, in 1905, guideposts were placed along the trail at approximately every 500 feet. Schmitt explained that many of these guideposts still stand today and were crucial pieces of evidence for the jury to consider.

Brown said that the next and final phase of the trial will determine the issues remaining in the case—namely historic preservation of Haleakala Trail and securing meaningful public access. Emphasizing the importance of this final phase of trial, Brown explained,
“We have a moral obligation to protect Hawai‘i’s past, including its rich history of trails. The longer we wait to protect Hawai‘i’s cultural legacy, the greater the risk it will be lost forever for generations to come.”

PATH is a 501(c)(3) public charity. Its mission is “building community ties by connecting people and places through trails, urban paths and bikeways.” PATH’s website is www.pathmaui.org, and the organization also maintains Facebook and Twitter accounts. At trial, PATH was represented by attorneys Tom Pierce, Peter Martin and Hayden Aiuli.
 PATH is requesting continued financial support from the public to protect the historic Haleakala Trail, as well as general supporters and members. Charitable donations are fully tax-deductible and may be made to:

 2525 Kahekili Highway
Wailuku, Hawaii 96793.

To contact the organization, send an email to pathmaui@gmail.com.

See also:
Ea O Ka Aina: The Ala Loa Trail 4/10/14
View of Lepeuli Beach from the Ala Loa Trail on Kauai's Koolau northshore.
Ea O Ka Aina: Trails and Tribulations 2/26/13
They walked from their settlements in Lepeuli to other Kauai ahupua'a along the ala loa trail, a lateral, coastal trail that runs along near the sea.

Ea O Ka Aina: Mokoaa Bay Ranch For Sale 6/24/11
Moloaa Bay Ranch Is For Sale!! Let the buyer be aware of the Alaloa Trail. By Hope Kallai on 23 June 2011 for Free Larson's ...

Ea O Ka Aina: Illegal fence blocks Lepeuli beach 6/14/11
We believe this fence is in the Conservation District and blocks the lateral coastal Alaloa. This project is federally funded through NRCS EQIP ...

Ea O Ka Aina: Not Saved from Paradise Ranch 1/21/11Paradise Ranch began installing fenceposts in the middle of the ancient coastal Alaloa on 1/19/11, as part of their cattle pasture expansion ...

Ea O Ka Aina: Kaakaaniu Beach in Danger 11/10/09
Blue lines are Na Ala Hele & Na Alaloa paths (l. and r.). Yellow is existing cattle fence above the albatross nesting areas. Source Juan Wilson.

Ea O Ka Aina: OHA against Lepeuli changes 5/9/10 Moreover, there seems to be disagreement between the applicant and the community regarding the exact location of the alaloa...


Ea O Ka Aina: Keep Kaakaaniu Beach Access 10/29/09
Exhibit D in the CDUA notes the State of Hawaii's claims of ownership of the historic coastal trail – the Hawaiian Alaloa.





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The Ala Loa Trail

SOURCE: Lyn McNutt (zensea1@gmail.com)

SUBHEAD: The DLNR has refused to survey the historic Hawaiian lateral north shore public access path because of private property owners.

By Teressa Dawson on 8 April 2014 for Civil Beat -
(http://www.civilbeat.com/articles/2014/04/08/21678-development-sparks-effort-to-designate-historic-coastal-trail-on-kauai/)


Image above: View of Lepeuli Beach from the Ala Loa Trail on Kauai's Koolau northshore. From original article. Photo by Nathan Eagle.

A young tourist couple walks up the worn, sloping trail that Paradise Ranch, LLC, fenced off in 2011 to keep people out and its cattle off Lepeuli beach on Kauai’s North Shore.

The two carefully slip over the top of the fence. The pronounced sag in the wire suggests many have done the same. And in fact, the couple says an old man told them that this was the way to go.
Later, a fisherman emerges from the steep, winding county easement everyone is supposed to use. Standing in the beaming afternoon sun, he says he’s done for the day.

“I’m tired of walking up and down the trail,” he says.

Still a bit later, two women come up the old way, the easy way, even though they say they know they’re not supposed to.

But is that true? Are they really not supposed to?

Patricia Hanwright, Waioli Corporation, and Falko Partners, LLC – owners of lands in the adjacent ahupuaa of Kaakaaniu, Lepeuli, and Waipake, respectively – would say so.

The state might, also. Officials with the Department of Land and Natural Resources and the Department of the Attorney General have said an historic, coastal trail, sometimes referred to as the Ala Loa, runs across those ahupuaa, and under the Highways Act of 1892, it is a public trail owned by the state.

However, the state’s attempts years ago to survey and document the trail were rebuffed by the landowners, and the DLNR has chosen not to pursue the matter without their consent.

But that “makes no sense,” says Native Hawaiian Legal Corporation attorney David Kimo Frankel, explaining that if the state owns the trail, it doesn’t need to get permission from the owners of the surrounding lands to access it.

It’s a matter worth litigating, he says, but without a client, he can’t do anything about it. In the meantime, Falko Partners is moving forward with developing some 80 agricultural lots at Waipake into luxury residences, causing panic among some community members that their chance to preserve the historic trail is slipping away.

Some have expressed hope they can secure Maui attorney Tom Pierce, whose client, Public Access Trails Hawaii, recently sued the state and Haleakala Ranch Company to prove the state’s ownership of the historic Bridle Trail. But so far, there’s been no lawsuit for the coastal Ala Loa on Kauai.

“I’m waiting for it,” says Nelson Ayers, manager of the DLNR’s Na Ala Hele program, which manages the state’s trail system.

Hanwright’s attorney, Laura Brasilia, has argued that the trail does not exist and threatened prosecution against anyone caught trespassing on Hanwright’s property.

Donald Wilson and Lorna Nishimitsu, attorneys for Waioli Corporation, Paradise Ranch’s landlord, have also argued that the Ala Loa does not traverse its Lepeuli property and that the makai trail is actually a road constructed in the 1970s by Meadow Gold diary.

North Kauai resident Linda Sproat, however, has testified that the trail was traditionally used by her family and others to gather, observe ocean conditions, and to access the beach. The trail, she says, spans the ahupuaa of Pilaa, Waipake, Lepeuli, Kaakaaniu, and Moloaa.

Even the state has claimed it owns the historic coastal trail. In a January 2012 letter to then-DLNR deputy director Guy Kaulukukui, Wilson offered to provide the department with “access not only to the property itself but also to all relevant and accurate information regarding the property.”

That summer, Na Ala Hele’s Rowland had the DLNR’s surveyor prepare a map showing the makai trail through Kaakaaniu, Lepeuli, and Waipake, but the investigation didn’t appear to go much further. According to Ayers, the DLNR asked permission to access Waioli’s property to determine the alignment of the Ala Loa and was denied.

“We tried to go and visit the site, but because the landowners were receiving a lot of public sentiment, they said we cannot go on the property. So that’s where we are right now,” he says.

Since then, the state has issued a number of letters to various interested people stating that, yes, the DLNR believes it owns a coastal trail in the area under the Highways Act of 1892, but, no, it doesn’t have plans to pursue it at this time.

That’s frustrated not only activists, but the Kauai County Council as well. For the past several months, the council’s Planning Committee has been wrestling with whether or not to accept a proposed mauka-makai beach access easement at Waipake that Falko Partners has offered as a condition of its county subdivision approval. In addition to the fact that the beach access ends not at the beach but at a 12-foot vertical cliff, one of the main sticking points has been how the existence of the Ala Loa might affect the easement.

At a Planning Committee meeting last August, county corporation counsel Ian Jung stated that should the county accept the easement, it would become an interested party and likely a defendant in any quiet title action brought either by the Falko Partners or the state regarding the Ala Loa.

He noted that while the DLNR had no plans to pursue the trail, the state in a 2008 Circuit Court stipulation reserved its “right, title, interest and claim” to a 10-foot wide section of the Ala Loa located on a .37-acre kuleana parcel located near the shore at Waipake.

Should the county accept the easement, it would need to apply for a CDUP for the portion that lies within the Conservation District and that would also trigger a review from the state Historic Preservation Division, Jung said. Members of the public have also said it would require review by the Office of Hawaiian Affairs, which supports the designation of the Ala Loa.

Jung added that the easement was originally proposed for the west side of Waipake, but the DLNR’s Office of Conservation and Coastal Lands, which administers all CDUPs, had asked that it be moved to the east side, in part, to avoid disturbing Laysan albatross and the endangered Hawaiian monk seal in the area.

In September, Hope Kallai of Malama Moloaa and Rayne Regush of the Kauai group of the Sierra Club wrote to Aila and Ayers, respectively, again asking the DLNR to establish the coastal Ala Loa before the area is fully developed.

After visiting the area with Falko Partners manager (and former acting Land Board member for Kauai) Shawn Smith, DLNR staff issued a letter to Smith stating that the agency expected the easement to satisfy the public’s concerns about coastal access and, as a result, the DLNR had no plan to “take action regarding this trail.”

When the county Planning Committee met in December, some members expressed frustration with the DLNR’s position.
Committee member Tim Bynum argued that once people move onto the subdivided lots at Waipake, it will be more difficult for the state to establish a historic trail.

“There will be takings issues, compensation,” he said. “That’s what will happen in the future if we try to get the lateral access.”

“It may be frustrating to us [but] what can we do? We’re not their bosses,” committee member Ross Kagawa said of the DLNR.

“When Guy [Kaulukukui] was here, we tried, but the stars didn’t align,” says Ayers. He also says he doesn’t see an urgent need to designate given the pending development.

“It doesn’t make sense to fragment it, like a hallway,” Ayers says, referring to the resistance from the landowners at Kaakaaniu and Lepeuli.

“The only way this will work is if the three landowners agree with us working with them. That’s the only way it will work,” he said.

On Jan. 23, Ayers denied a November 2013 request by the Kauai Na Ala Hele Advisory Council for DLNR surveys and historic maps of the Ala Loa at Kaakaaniu, Lepeuli, and Waipake because the trail was part of the DLNR’s “unpublished” trail inventory.

According to a 1992 Office of Information Practices opinion, amendments made by the 1990 Legislature to Hawaii Revised Statues Chapter 92 allow the DLNR to “withhold public access to the unpublished portions of the Inventory under section 92F-13(4).”
In a broadcast email, Kallai noted that the council was “really upset and voted unanimously to get an AG's [Attorney General] opinion.”

More than once during the county Planning Committee’s meetings on the easement, members of the public, including Regush and Waldau, mentioned that Maui attorney Tom Pierce has expressed his willingness to help negotiate the establishment of the historic trail.

Regush says community members have talked with Pierce but could not say whether a lawsuit is planned or, if so, whether it would address all three ahupuaa or just Waipake.


http://www.islandbreath.org/2014Year/04/140410alaloabig.jpg
Image above: Map showing Alaloa Trail in red and three conflicting alleged locations claimed by private property owners. Provided by Hope Kallai. Click to embiggen.

Note from Hope Kallai:
Aloha e - Native Hawaiian Legal Corporation is interested in contacting any traditional limu pickers or fisherfolks from the Ko`olau area of Kauai, especially Anahola to Kilauea, about access on the lateral coastal alaloa. 

Please contact:
Native Hawaiian Legal Corp.
1164 Bishop Street Suite 1205
Honolulu, Hawaii 96813
Phone: (808)521-2302
Fax: (808)537-4268
Email: info@nhlchi.org

For further reading at www.environment-hawaii.org

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Hapa Trail Court Victory

SOURCE: Brad Parsons (mauibrad@hotmail.com)
SUBHEAD: Knudsen Trust, Planning Department and DLNR in error allowing Hapa Trail access for Koloa-Poipu development.

By Juan Wilson on 27 December 2013 for Island Breath -
(http://islandbreath.blogspot.com/2013/12/hapa-trail-court-victory.html)


Image above: Detail of existing conditions at proposed "Village at Poipu" subdivision showing some archaeological sites to be buried under blacktop and Chemlawns by Stacey Wong of Knudsen Trust. From article linked to below.

Stacey Wong, a trustee for Knudsen Trust, made an effort to pave over a large section of the area between Koloa Town and Poipu Road. Phase One was to be at the south end of the huge and archeologically rich site and be accessed by breaching the historic Hapa Trail.

Ian Costa, the disgraced former Kauai Planning Director, made every effort to push this project through for Knusden Trust's Stacey Wong and lawyer Walter Hong. They made headway with the Department of Land and Natural Resources

Theodore K. Blake, a local resident, was active in trying to stop the project. He wrote in December of 2009 (http://www.islandbreath.org/2008Year/14-hawaiiana/0814-27HapaTrailRant.html):
The big issue is that Hapa Trail is proposed to be breached and there has been no Environmental Assessment for Hapa Trail's breaching or plans showing how the breaching will occur and what is will look like. We need to get the County Council members on board, the Mayor and our representatives. Any one who has a connection or knows any politician needs to make a call and follow up with an email or letter.
Hapa Trail is also an numbered State Historic Site, 50-10-30-992. SHPD needs to approve whether or not Hapa Trail can be breached or an alternative route used to Po'ipu Road.

The Planning Director, Public Works Director and the County Attorney need to be apprised of what is going on with this application and applicant.
The project was eventually approved. Ted Blake filed a civil against; Ian Costa as director of the Kauai Planning Department; William Aila, in his capacity as Chair the the Department of Land and Natural Resources; and Stacey Wong, the Successor Trustee of the Eric A. Knudsen Trust.

Blake's complaint asserted six claims against the Defendants including a failure of the Defendants to follow the proper environmental and historic review processes, violations of Native Hawaiian rights, and breaches of the public trust.

Blake subsequently amended his complaint in part because he discovered that Hapa Road belonged to the State of Hawaii and not the County. In Count Five, Blake stated;
The Defendants failed to comply with HRS chapter 205A, the CZMA, in failing to consider historic and cultural values. HRS § 205A-4(a) provides that, “In implementing the objective of the coastal zone management program, the agencies shall give full consideration to ecological, cultural, historic, esthetic, recreational, scenic, and open space values, and coastal hazards, as well as to needs for economic development.”
 Blake argued;
"The undisputed evidence in this case, however, is that the County Defendants failed to give full consideration of historic sites in the area.”
 Blake asserted;
The Planning Commission admitted that it failed to review various archaeological reports, and still does not have ‘sufficient knowledge or information to form a belief as to’ whether dozens of archaeological sites, including the “remnants of an extensive and complex auwai system,” have been found on the Knudsen Trust land.
In his amended complaint, Blake also asserted two additional claims of negligence and public nuisance against the Knudsen Trust for allegedly breaching Hapa Road and its adjacent rock wall.

Supreme Court  ruled that the Circuit Court erred in dismissing Blake's case on the basis of judicial economy.

Court decision link here. (http://www.islandbreath.org/2013Year/12/131227hapatrail.pdf)



Deny the Knudsen Trust
By Juan Wilson on 17 November 2008 for Island Breath -
(http://www.islandbreath.org/2008Year/14-hawaiiana/0814-27HapaTrailRant.html)

[IB Publisher's note: This is a segment of a series of articles about the Hapa Trail violation and the attempts by Stacey Wong, trustee of Knudsen Trust, to develop suburbia on a vital archeological remnant of Hawaiian culture that demonstrates a way of living sustainably on this island.]

Our island, our state, our country, and the world, are at a turning point. The importance of these days before the next American administration cannot be exaggerated. Western civilization is deciding whether to continue careening down the highway to extinction or finding an off-ramp.

Between now and the Obama inauguration we have a moment to catch our breath and reflect. Do we bet everything we have left to restart the hyper-growth economy? Or, do we invest in another way of living on this planet?

Near Koloa, in the Waikomo Stream watershed, lies a region that was densely occupied by pre contact Hawaiians from mountain to ocean. It was a region that was crisscrossed with waterways that nourished a complex system of agriculture (and aquaculture). This system fed thousands of kanaka maoli for a thousand years. People; along with yams, taro, fish, chickens and pigs; thrived.

Through a fluke of history, hundreds of acres of this land, between Waikomo Reservoir to Poipu Beach, was never developed by westerners. It is an uninterrupted landscape that rises from the ocean to the foothills of the Haupu Mountains. Over time there was a little sugarcane grown there; a little grazing done; but it was never paved over, or its remains physically removed, by the dominant plantation culture.

The results of that “neglect” is the windfall for us now. The site has hundreds of archaeological remains. This area is largest, richest and densest field of its kind anywhere in Hawaii. There is detailed evidence of how people, maintaining a rich culture, lived well on this island.

It is evidence of how we might live here in the future. The importance of this will be clearer shortly, as we experience further collapse of the world’s economic systems. What we learn here could save us.

This part of Kauai is not an agriculture wasteland, as the developer has stated.
This part of Waikomo was where the whalers came to get provisions for their journeys. It was where the yams and sweet potatoes were grown to feed the California gold-rushers. It was where the mainlanders came to start sugar production in Hawaii.

The Knudsen Trust plans to subdivide this amazing place into suburban lots. At this point in time, to bulldoze this area for a network of cul-de-sacs, to satisfy a speculative real estate scheme, is an abomination.

We need to enforce a moratorium on development in this area. We need to understand the archaeological record to know what worked here for a millennium. We need to emulate, and yes, maybe even improve on those techniques. What we do not need is a rush to pave over this knowledge with a bankrupt system with a dim future.

Two upcoming public events will engage this issue. The Koloa Community Association Meeting at 6:30pm on Thursday, November 20th 2008 at the Koloa Community Center, Koloa, Kauai and the Hapa Trail Walk at 8:00am on Saturday, November 22nd 2008 - about 2.5 hours duration, starting from Saint Raphael's Church in Poiou, Kauai

TOOLS
Below are links to series of base maps (8.5"x11") have been produced for the walk in order to specify the location of observations in the context of aerial photography and identified archaeological sites.

They are available here as PDF files:

Hapa Trail Keymap 144k PDF
Hapa Quadrant C3 3.9mb PDF
Hapa Quadrant C4 3.4mb PDF (most of proposed development site)
Hapa Quadrant C5 3.3mb PDF
Hapa Quadrant C6 3.2mb PDF
Hapa Quadrant C7 3.8mb PDF

See also:
Island Breath: Hapa Trail - Kauai Archaeologic Site
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