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You are encouraged to attend the Planning Commission's continued public hearing regardin a Special Management Area
Use Permit SMA (U) 2006 2 for Moloa`a Bay Ranch (a McCloskey property) on November 22, 2005 beginning at 1:30pm at Lihue Civic
Center, Moikeha Bldg, Room 2A & 2B, 4444 Rice Street.
Unknown to most hikers and residents, many of Kauai's traditional
and customary trails, public easements, beach accesses, and old government roads are in jeopardy.
For decades,
the County and State have been reluctant to legally claim these resources, due to budget constraints, and maintenance and
liability issues. The consequence is that public right-of-ways are being lost to private entities at an alarming rate.
Community attention needs to focus on requiring state and county officials to collaborate and resolve the operational,
legal and jurisdictional issues of all the valuable public trails and access issues we take for granted but have not been
properly recorded.
This predicament is causing concern in Moloa`a. The historic Moloa`a Trail which traverses between
Moloa`a Bay and Larsen's Beach, is known as a segment of the ancient Hawaiian Ala loa, a long-distance trail/footpath.
Well documented as a traditional and historic-era access route, the trail goes along the coastal hillside bluffs of Moloa`a
Bay Ranch (MBR), to the limu-kohu harvesting areas.
Although MBR recognizes DLNR's authority to establish
the trail, as noted in the 1932 deed reservation, it has not been surveyed. In a DLNR Legislative Report, dated November
2000, it states that there have been coordinated efforts between MBR and the State for the establishment of Moloa`a Coastal
Trail, however, the survey has never been done. Therefore, MBR's proposal to construct a three rail perimeter fence,
alongside the trail is premature.
The 1999 Archeological Assessment prepared for MBR recognizes the significance
of this historic trail and the need to preserve it. Along with the Cultural Impact Assessment, dated July 2003 both
reports recommend that "no ground disturbing activities such as bulldozing, mechanized vegetation clearing or construction
activities occur by the trail".
Looking at photographs of the trail in the Archeological Assessment,
it is evident that the trail does not look the same today. Rocks have been moved to facilitate mowing and the former
protective layer of ironwood needles is giving way to weeds that hide the footpath. The natural landscape that did not
need maintenance, will now require herbicides and pesticides to be used "whenever needed" according to MBR.
When
DLNR staff visited the site on November 2000, they reported that "6 to 7 dead ironwood trees exist on the property within
the conservation district… We understand that MBR intends, through its agents, to cut down by hand held tools and chain
saws only: 6 to 7 dead ironwood trees…" Two years later, MBR's SMA Permit Application, dated November 2002 states:
"The applicant has removed approximately 126 ironwood trees."
For decades, what was once pasture land,
now has permits pending for ground clearing, grading, landscaping, irrigation lines, grassing and roadways throughout the
steep sloping hillside.
The question to ask is: Why is MBR spending almost $400,000 to alter 45 acres of Special
Management Area and Conservation District land? Why will they spend $130,000 on plants and planting, $8,000 on roads,
$35,000 on grading? The owners do not plan to live there and their representatives insist there is no master plan for
development.
In a letter to the Planning Commission, Senator Hooser cautions that "although the installation
of a perimeter fence and new interior roadways may seem unobstrusive, it is most likely that these actions are the precursor
for future construction and additional development of the area".
The coastal environment from between Moloa`a and
Larsen's Beach is recognized in the Kaua`i County General Plan as an "Important Land Form" on the Kawaihau Planning District
Heritage Resources Map. Appropriate management of this critical resource is required. It is the intent of Hawaii
state law (HRS 205 A-2) to protect and preserve coastal scenic and open space resources; and to not alter the natural landforms
and existing public views to and along the shoreline.
To quote Senator Hooser again: "The Moloa`a coastline
represents an increasingly rare and fragile public asset. It is critical that action be taken now to preserve this valuable
asset so that many years from now future generations might also enjoy the experience of walking along a wild ocean bluff."
There is clear documentation of MBR's history of non-permitted activities and after-the-fact permits.
Further alterations to this pristine coastal environment should be restricted to preserve the natural beauty of this coastline.
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