HomeMy WebLinkAbout2024-10-07 Testimony - Protect Keopuka Ohana (PL-BOA-2024-000104 & 105) Protect Keopuka Ohana
October 3, 2024 COH PLANNING NINE E ►;
OCT 72024 Pk4:1 i
County of Hawaii
Planning Department RECD BY HAIL
Board of Appeals
ror Pauahi Street, Suite 3
Hilo, HI 96720
RE: Pi-BOA-2024-000r &0002
Dear Members:
As a central litigant in the 2000 lawsuit,Kelly v 125o Oceanside Partners,Civil
No. oo-1-o152K, Protect Keopuka Ohana(PKO) takes this current issue very serious-
ly.As you may recall, that lawsuit,which effectively shut down the Hokuli'a project,
was initiated after floodwaters poured off the project in September 2000 and mud-
died the pristine waters of the Nawaawaa Bay.
Since that time, 1250 Oceanside LLC has invested considerable time and expense
in designing flood control basins and minimizing paved surfaces within the ',goo-acre
project.These actions have successfully prevented any runoff from entering the ocean
for nearly 24 years.
An integral element of that success has been the reduction of paved surfaces on
the Hokuli'a project, allowed by Variance 10-027 ("Variance")which are the central
subject of this action originally brought to the Third Circuit Court by Hokuli'a's
neighbor to the south, (TMK 3- 8-1- 007- 045),owned by the C &J Coupe Family
Limited Partnership (Charles W. Coupe,PO Box 87, Kealakekua,HI 96750).
Although all the roads in Hokuli'a have been built in the same manner, only the
two roads that allow public access through the project, plus the Connector Road that
could provide public access to the Coupe Property, are in the Coupe family's
crosshairs.
All three roadways were constructed long ago.The Makai Haleki'i Extension and
Connector Road were constructed in 1999, and the Mauka Haleki'i Extension was
constructed in 2012,pursuant to plans approved by the County Department of Public
Works.All three roadways are subject toVariance No.VAR10-o27,which was granted
more than a decade ago, on January 31, 2011.
The Variance granted relief from Sections 23-86 (requirements for dedicable
streets) and 23- 95 (right-of-way improvement) of the Hawaii County Code.The Vari-
ance was sought to minimize excessive grading in order to mitigate potential environ-
mental hazards, and to address concerns that the grading of the steeply sloping lands
within Hokuli'a, coupled with a full pavement of the right-ofway,would increase the
potential for storm water runoff. Reducing the pavement by one half to two thirds
was the smart thing to do, and had PKO's full support and still does.
PKO, as well as the developer, are deeply invested in seeing that our flood control
efforts continue to work and that historic and cultural resources such as the Ala Loa
Trail are preserved and protected from damage.
PKO has worked in partnership with 1250 Oceanside LLC,hand in hand, for all
the years since the litigation to help ensure that the project's many historical and cul-
tural sites are treated with the highest respect. Measures to preserve and protect the
cultural landscape at Hokuli'a have always been foremost in our minds during the on-
going development of the property.
Coupe's play in this drama is totally in its own self interest,which is not surpris-
ing. It seems to us that their only interest is to open up the Connector Road (Road C)
to public access,creating an entrance into their future subdivision at no cost to them,
saving the considerable expense of connecting to the Mamalahoa By-Pass,which they
fought for nearly a decade.
Speaking of self interest, let's talk about the one time since 2000 that a flooding
event at Hokuli'a did cause damage. On July 17, 2021, a large rainfall event triggered
flooding in the South Kona Watercourse No. 3,which is established by the Federal
Emergency Management Agency(FEMA). South Kona Watercourse No. 3 is located
primarily in Onouli 2 Ahupua'a to the south of the Hokuli'a development.
That flooding event was caused by bulldozing on the Coupe property that caused
floodwaters to break through the boundary wall between the Coupe property and
Hokuli'a, resulting in damage to the Ala Loa Trail that we have spent 24 years protect-
ing. PKO finds the blatant, irresponsible, actions on the part of the Coupe Family
Limited Partnership an appalling lack of foresight.
Due to the bulldozing that took place along this ranch road sometime between
July 2019 and February 2021, the floodwaters bypassed the retention basins that had
been installed by Hokuli'a at great expense.These retention basins had performed as
engineered until the illegal and un-permitted bulldozing of the property line.
Continuing makai, the stormwater impacted a 30-meter segment of the Ala Loa
Stepping Stone Trail alignment, depositing a significant amount of boulders and cob-
bles on top of the ancient trail at a point where it aligns with the Old Cart Road,
which is also a historic site.The runoff also scoured away some of the sediment on
and adjacent to the trail alignment.
We have attached to this testimony the complaint, Exhibit A, that PKO filed with
the County Department of Public Works on October 6, 2023. Please see Figure i,
which provides an overview of the area impacted by stormwater, and Figure 2,which
offers a close-up of the flood damage.
Figures 3,4, and 5 show a timeline of the changes made to the border area by the
un-permitted bulldozing that resulted in flood damage to the Hokuli'a property, as
well as to State of Hawaii property traversing the area.
The State of Hawaii Na Ala Hele Historic Trails Division and the Hawaii State
Historic Preservation Division are well aware of the damage. Plans for remediation of
the damage were made by Hokuli'a under the direction of those State agencies, and
the damage has been repaired.
However, as of the writing of this testimony, no investigation of the root cause of
the damage has been conducted, nor have any fines been levied or any plans made to
prevent the problem from recurring in the future.
PKO would like to see the County initiate an investigation of the flooding event
and propose proper mitigation to return the floodwaters from Watercourse No. 3 to
their prescribed course.
Until that mitigation occurs, the C&J Coupe Family Limited Partnership is at risk
of another rain event causing floodwaters to illegally pass from their property onto
the Hokulia property and eventually pouring into the ocean in violation of the U.S.
Clean Water Act. Let the C&J Coupe Family Limited Partnership be aware that PKO
is monitoring the situation closely.
PKO also would like to see the County issue a Notice of Violation to the C&J
Coupe Family Limited Partnership requiring the landowner to pay for the necessary
mitigation, and also to pay 1250 Oceanside LLC for all costs associated with repairing
the trail alignment.
And finally we call on the Hawaii County Board of Appeals to reject the feeble,
self-serving arguments brought forward by the Coupe Trust in initiating this action,
which is costing the taxpayers of this County precious time and money.
Sincere ,
Walter . Kelly
Vice President
Protect Keopuka Ohana
EXHIBIT A Protect Keopuka Ohana
October 6, 2023
County of Hawaii
Department of Public Works
Engineering Division Chief
Alan Keone Thompson
P.E.ioi Pauahi Street, Suite 7
Hilo, III 9672o
Dear Sir:
On July 17, 2021, a large rainfall event triggered flooding in the South Kona Water-
course No. 3,which is established by the Federal Emergency Management Agency
(FEMA). South Kona Watercourse No. 3 is located primarily in Onouli 2 Ahupua'a to
the south of the Hokuli'a development.
During this event, the floodwater did not follow its normal path,which would
have deposited it into Hokuli'a stormwater retention basins. Instead, it followed the
path of a recently cleared ranch road on the neighboring property to the south,
(TMK 3- 8- 1- oo7- 045),owned by the C &J Coupe Family Limited Partnership
(Charles W. Coupe,PO Box 87,Kealakekua,HI 96750).
Due to the bulldozing that took place along this ranch road sometime between
July 2019 and February 2021,the floodwaters bypassed the retention basins that had
been installed by Hokuli'a at great expense.These retention basins had performed as
engineered until the illegal and un-permitted bulldozing of the property line.
This bulldozing led to stormwater runoff in a location that had not been previous-
ly impacted by flooding.The stormwater broke through a ranch-era stone boundary
wall and flowed onto the Hokuli'a property. Continuing makai, the stormwater im-
pacted a Som segment of the Ala Loa Stepping Stone Trail alignment, depositing a
significant amount of boulders and cobbles on top of the ancient trail at a point
where it aligns with the Old Cart Road,which is also a historic site.The runoff also
scoured away some of the sediment on and adjacent to the trail alignment. Please see
Figure 1,which provides an overview of the area impacted by stormwater,and Figure
2,which offers a close-up of the flood damage.
Figures 3,4,and 5 show a timeline of the changes made to the border area by the
un-permitted bulldozing that resulted in flood damage to the Hokuli'a property, as
well as to State of Hawaii property traversing the area.
1
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Figure i. Overview of needed Ala Loa repair 1
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J
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Figure z. Close up of Trail Damage
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FIGURE 3. A JUNE 2019 GOOGLE EARTH SHOT OF THE MAUKA-MAKAI
BOUNDARY AREA BETWEEN HOKULI'A AND THE COUPE PROPERTY BE-
FORE THE BULLDOZING OF THE ROAD AREA.
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FIGURE 4. A FEBRUARY 2021 GOOGLE EARTH PHOTO OF THE BOUNDARY
AREA BETWEEN HOKULI'A AND THE COUPE PROPERTY
AFTER BULLDOZING.
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IFebrury '` *. .,.. • 't ,
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Flood waren Dietl oat the S � .
boundary wad and Bow late 'i ,
itokolla,Inundating the Ala Laa a , .-
trail,overtaking the erosion fence
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and Clewing into the ocean.
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FIGURE 5. A FEBRUARY 2022 GOGGLE EARTH PHOTO OF THE
AREA AFTER THE FLOODING INCIDENT.
The State of Hawaii Na Ala Hele Historic Trails Division and the Hawaii State
Historic Preservation Division are well aware of the damage, and plans for remedia-
tion are underway. However, as of the writing of this letter, no investigation of the
root cause of the damage has been conducted, nor have any fines been levied or any
plans made to prevent the problem from recurring in the future.
The owners of Hokuli'a contacted the county regarding the flooding and the vio-
lations that brought it about, and a site visit was made.However the Public Works
employee who conducted the site visit just shrugged it off as"flooding"and took no
action to investigate the cause or to avoid possible flooding in the future.
As a central litigant in the woo lawsuit,Kelly v. 1250 Oceanside Partners, Civil
No. oo-1-0152K, Protect Keopuka Ohana(PKO) takes this current violation very se-
riously.As you may recall, that lawsuit,which effectively shut down the Hokuli'a
project,was initiated after floodwaters poured off the project in September 2000 and
muddied the pristine waters of the Nawaawaa Bay.
Since that time, 1250 Oceanside LLC has invested considerable time and expense
in designing flood control basins and minimizing paved surfaces within the 1,500-acre
project.These actions have successfully prevented any runoff from entering the ocean
for nearly 21 years—until, that is, the C&J Coupe Family Limited Partnership pre-
cipitated this new flooding event in 2021.
PKO, as well as the developer, are deeply invested in seeing that our flood control
efforts continue to work and that historic and cultural resources such as the trail are
preserved and protected from damage.
PKO has worked in partnership with 125o Oceanside LLC, hand in hand, for all
the years since the litigation to help ensure that the project's many historical and cul-
tural sites are treated with the highest respect.Measures to preserve and protect the
cultural landscape at Hokuli'a have always been foremost in our minds during the on-
going development of the property.
We would like to see the County initiate an investigation of the flooding event
and propose proper mitigation to return the floodwaters from Watercourse No.3 to
their prescribed course,utilizing the installed flood control basins on the Hokuli'a
property.We also would like to see the County issue a Notice of Violation to the C&J
Coupe Family Limited Partnership requiring the landowner to pay for the necessary
mitigation, and also to pay 1250 Oceanside LLC for all costs associated with repairing
the trail alignment.
If you would like to speak to me regarding this matter, please don't hesitate to call
me at 808-345-9229.
)2091y,
te . K`y
Waite y
Vice President
Protect Keopuka Ohana
Cc: michelle.galimba@hawaiicountygov, jackson.m.bauer@hawaii.gov,
robert.Command@hawaiicountygov