Posted by: lokahipath | June 25, 2011

Lepeuli to be discussed at Planning Commission Tuesday June 28 9 am

Lepeuli Access gets hearing
POSTED: 6/24/2011 EDITOR: Juan Wilson
SUBHEAD: After petitioning the Planning Commission in April the Lepeuli (Larsen’s) Beach access will get hearing.

By Richard Spacer on 23 June 2011 –

Image above: Hiker finds Alaloa Trail blocked illegally by cattle fence.at Lepeuli

My petition has the goal of revoking the Special Management Area Permit (SMA Permit) of Paradise Ranch, owned by Bruce Laymon, to do work at Lepeuli.

Specifically, I am asking the Planning Commission to issue Order To Show Cause to Paradise Ranch because I allege Paradise Ranch has constructed illegal fencing across the gradual, lateral trail to Lepeuli (Larsen’s) Beach in direct violation of Condition 6 of the SMA permit, issued by then Planning Director Ian Costa.

Additionally, the fencing is illegal as it is located within 300 feet of the shoreline. The State Land Use Commission states the mauka boundary of the state Conservation District is 300 feet mauka of the shoreline in this part of Kauai. The map of Paradise Ranch private surveyor Hiranaka is inaccurate and incorrectly depicts the fencing as outside the Conservation District, when in fact, it is inside the Conservation District. As Bruce Laymon no longer has a state Conservation District Use Permit to do work within 300 feet of the shoreline, that part of the fencing blocking off the gradual, lateral trail is illegal. The state Department of Land and Natural Resources could fine Bruce Laymon $15,000. per day for each day of this illegal work.

Paradise Ranch, through their attorney Lorna Nishimitsu, lied in order to obtain this SMA permit. I intend to prove this before of the Planning Commission. It is alleged in the application paperwork for the SMA permit that there are no endangered or protected species like albatross, monk seals, or green sea turtles in the subject property, Lepeuli. It is alleged there is no archaeology, yet Dr. David Burney of the National Tropical Botanical Institute surveyed and studied a feature at the north end of the beach which includes paving stones, possibly the foundation of a structure. Dr. Burney estimated the date of the sturcture, based upon radiocarbon dating, to be from 1650-1700 AD. This is pre-European contact, an “ancient” feature.

Because of the existence of this archaeology, the federal funding from the National Resource Conservation Service, part of the US Department of Agriculture, was cut off. The amount originally funded was $73,500. This is our tax dollars that was intended to keep us out of the gradual, lateral trail. Paradise Ranch had originally intended to install fence 110 feet behind the beach, running parallel to the beach, all the way across Lepeuli from the boundary at Kaakaaniu to Waipake, but Paradise Ranch surrendered their state permit to do this in January, as a direct result of pressure from activists like myself, Malama Moloaa, Sierra Club, Surfrider, etc. The Vice President of Waioli Corporation, Charles “Bill” Spitz, told activists in January we had cost them over $40,000. in legal fees.

Additionally, Bruce Laymon has told beach goers, who have a right to be on this PUBLIC beach, various things such as a comment made to a gay couple personally known to me, “This is MY beach, get the f***k out of here”, and to Colorado visitor Dennis Bosio “Next week we are going to have 50 Hawaiians down here and RUN you haoles out of here.” And to me “Next week we are going to have 100 Hawaiians down here. We are going to take back our beach…Richard Spacer!!!!!!!”

On January 19, while installing two fence post/boundary markers, a young lady trying to go to the beach via the gradual, lateral trail was stopped by Bruce Laymon and his crew, and told she would be tresspassing and she had to use the steep trail the county obtained in August 2010 from Waioli Corporation. She asked Bruce Laymon WHY he was installing fencing. He replied “To keep the nudes, gays and hippy campers away from the beach.”
This bigoted and hateful attitude is why the group Kauai Naturists was formed, of which I am the president. Blocking off the gradual, lateral trail will not prevent any of the people mentioned from reaching the beach. It WILL prevent the senior citizens, those with mobility issues, parents with very young children, etc. from reaching the beach.

I urge all who support the cause of public access to beaches that is safe and easy for all to attend the Planning Commission hearing Tuesday, June 28 at 9 AM in room 2A-2B of the Moikeha Building in the Kauai County complex at 4444 Rice Street, Lihue. Mahalo. Following is top part of the meeting agenda.

KAUA’I PLANNING COMMISSION
REGULAR MEETING
Tuesday, June 28, 2011
[9;00 A.M.J Lihue Civic Center, Moikeha Building
Meeting Room 2A-2B
4444 Rice Street, Lihue, Kauai, Hawaii
AGENDA
Call to Order
Approval of the Agenda
Receipt of Items for the Record

A. GENERAL BUSINESS MATTERS (For Action)

Item 1. Letter of Transmittal, Status Report and Time Extension request by Katie Davis of
EnviroServices and Training Center LLC for the Department of Transportation, Airport
Division, as required by Condition No. 8 of Special Management Area Use Permit

Item 2. Director’s Report and Recommendations concerning Petitioner Richard Spacer’s April 18, 2011 Request for the Commission to Issue an Order to Show Cause pursuant to Chapter 12 of its Rules of Practice and Procedures (June 20, 2011) re Special Management Area Minor Permit SMA (M)-2009-6, Tax Map Key (4) 5-1-003: 003.

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