Posted by: lokahipath | June 25, 2011

Planning Department issues Lepeuli Report

Interim Planning Director Michael Dahilig has recently released a Director’s Report on Lepeuli and the petition request of Richard Spacer.  The petition alleges Paradise Ranch violates SMA Conditions  5, 6. & 7.

5. Fence shall not block public access to beach (across Lot 4, TMK 5-1-3:21, the County-owned Right-Of-Way)..

6. Location of fence is subject to approval by DLNR and Na Ala Hele to ensure public access along the lateral trail (Alaloa).

7. Prior to building, all agency concerns have been resolved.

Interim Planning Director Dahilig has found the proposed fenceline blocking the County Right of Way an ERRATA and will request Paradise Ranch to resubmit it’s map to reflect current conditions and found this is no cause for revocation.

Mr. Dahilig cites a Na Ala Hele abstractor’s letter of Sept 9, 2009 that the state did not claim  when the property was registered in land court in 1943, the state declines interest in public access on the property. This abstractor has stated her meaning of this letter to be that Na Ala Hele had not claimed  this historic trail, but other agencies might be able to.  The only way the legality could be determined would be in court and she stated she was not a lawyer, but that we (the Public) should get one.

This new fenceline has not been submitted to agencies for comment on the new  location and it’s impacts.  SHPD has not commented.  USFWS comments were  to build Sea-Bird Friendly Fencing, when birds were not present.  A Cattle fence with barbed wire on the top, (deadly to fledgling albatross) has been constructed when birds were present.  Where is the compliance?

Director Dahilig’s report is available here   Dahilig Report

Please attend the Planning Commission Meeting on Tuesday June 28, 9 am.

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