Revised First Addition to the 8-10-2021 PC Subdivision Committee Agenda
4444 Rice Street, Suite A473 • Līhu‘e, Hawai‘i 96766 • (808) 241-4050 (b) An Equal Opportunity Employer
PLANNING COMMISSION
DONNA APISA, CHAIR HELEN COX, VICE CHAIR MELVIN CHIBA, MEMBER FRANCIS DEGRACIA, MEMBER GLENDA NOGAMI-STREUFERT, MEMBER LORI OTSUKA, MEMBER
KAAINA S. HULL, CLERK OF COMMISSION
MEMORANDUM
DATE: August 9, 2021
TO: Planning Commission
FROM: Clerk of the Commission
SUBJECT: 1st Addition to the 8/10/2021 PC Subdivision Committee Agenda
I. NEW BUSINESS
1. Tentative Subdivision Map Approval
a. Subdivision Application No. S-2021-5
(Kukui‘ula Development Co. (Hawai‘i) LLC.)
2. Supplement #1 to Subdivision Report.
c. Subdivision Application Mo. S2021-7
(Yellow Hale, LLC)
2. Revised Subdivision Report.
3. Supplemental Report #1 to Subdivision Report.
Ka'aina S.Hull
Diredor ofPlanning
Jodi A.Higuchi-Sayegusa
DepLity Oircctor ofPlanning
COUNTY OF KAUA'l
PLANNING DEPARTMENT
SUPPLEMENT#1 TO
SUBDIVISION REPORT
RE:
APPLICANT:
Subdivision Application No.S-2021-5
Kukui'ula Development Company,LLC.
III.EVALUATION (CONT1NUED)
Modification of Requirement
As represented,the Applicant is requesting deviations from requirements in the Kaua'i County
Code,1987 (KCC)that would exempt roadway requirements specified by the Subdivision
Ordinance as it relates to construction of curbs,gutters,and sidewalks along the roadway
frontages,pursuant to Section 9-2.3(e),and to allow the use ofdrainage swales in lieu ofraised
curbs and gutters on both sides ofthe proposed roadways.
In considering the proposal,it should be noted that the primary access road serving the master
planned community (Ala Kukui'ula)has been previously approved to deviate from the
roadway standards typically found in the residential developments in this area.At the time
(circa.2004),the roadway standards did not feature sidewalks for residential development
except where the density allows for 10 or more units per acre.Since then,the roadway
standards have been revised.
[t is noted that the construction of curbs,gutters and sidewalks is a standard requirement for
subdivisions within the Residential District where the density allows for four (4)or more units per
acre (R-4),Resort District,as well as developments within the Commercial District.The
requested deviation would allow the subdivider to continue the character ofthe interior roadways
within the project area (refer to Applicant's correspondence dated August 04,2021).The
Applicant's exhibit shows there is an existing sidewalk along the makai side ofAla Kukui'ula
and the request to deviate from this standard would allow the Applicant to have a subdivision
that would be similar to the completed residential subdivisions in this community.For those
completed subdivisions,there are sidewalks on only one side ofthe roadway or for only a
portion ofthe interior roadways.
Subdivision Application No.S-2021-5
Supplement #l to Subdivision Report
Kukui'ula Development Company,LLC.
08.10.2021 ^:.!.^.^.
AU6 1 O 2021
The roadivays within this planned community are private and maintained by the developer.In
the event the roadways are dedicated to the County,then the roadways should be retrofitted to
comply with the present roadway standards.
In evaluating the Applicant's request,no problems are foreseen in granting the Modification of
Requirement to allow a deviation from the requirement to construct curbs,gutters and
sidewalks along a roadway and to allow a drainage system featuring drainage swales in lieu of
raised curbs and gutters based on the following reasons:
a.The proposed roadways would be constructed similar to completed roadways
within the planned community and be consistent with the infrastructure
serving this area.Furthermore,the roadways within this development are not
intended to function as part ofthe County's public street system for the
Southshore area (Poipu/K.ukui'ula).Its primary design is to promote slower
traffic speeds within the community and provide a more rural character;
b.The Public Path and Trails Exhibit dated October 2020,and previous
versions provided to the department by the Applicant,do not show this area
as a part ofthe trail system within the planned community,which is required
by Condition No.15 ofOrdinance No.PM-2004-370;and
c.In the event the private roadways are dedicated to the County,the developer
would be required to retrofit the roadway to comply with the present roadway
standards.
Based on the reasons noted above,the department supports the Applicant's deviation
request and recommends its approval.However the Applicant should be made aware that in
the event these private roadways are dedicated to the County,the developer (Kukui'ula)
would be required to retrofit the roadways to comply with the present roadway standards
that are administered by the County Department ofPublic Works,Engineering Division.
A.Estes,Planner
Subdivision Application No.S-2021-5
Supplement #I to Subdivision Report
Kukui'ula Development Company,LL.C.
08 10.2021
rj
SOUTII SIIOR1-:,KAUA'I
'"t-.•:•••^t"'_'';;or ;-.,„;,
PL.i.r'tNINGDEP;,
21 AUG-4 P1 :|9
August 4,2021 REC£iVtu
Mr.Kenny Estes
Counly ofKauai
4444 Rice Street
Lihue,Hawaii 96756
Re:Subdivision ofLot 19 -Kukui'ula Parcel H
S-2021-5
Kemiy —
Please accept this letter as Kukui ula s formal request for a 'vvaiver'from portions of
County Ordinance No.946 (commonly kiiown as the 'Complete Streets'ordinance)
related to dual sidewalks and street curbs and gutter as follows:
1)We propose the use of County DPW approved drainage swales on both sides of
the residential street in licu of raised curbs and gutters on both sides of the street.
2)We propose the installation ofno new sidewalks frontiiig the proposed residential
lots ofthis subdivision for the following reasons:
a.The residential stl'eet serves only 10 residential lots.
b.Additional sidevvalks are umieccesaiy because there is aii alternative
nearby (within 100')existing 'arterial'sidewalk (along Ala Kukui'ula)
serving the proposed 10 residential lots
c.Dual sidewalks would,in the applicant's opinion,be out of character vvitll
the proposed conununity
Ordinance No.946 allows for the above deviations.We therefore respectfully request that
in tlie Subdivision Map Conditions ofApproval,these deviations be specifically
addressed (and granted).
Please let me faiow ifyou need anytliing else !
2700 KE ALAULA STREET,SUITE B,KOLOA,Hl 96756
1.808742.6304 |v..KUKUIUI.A.COM
Mahalo
Lindsay Crawford
Senior Project Manager
Cc:Dave Hutchinson -KDCI-I
Dennis Esaki -Esaki Surveying &Mappin;
EXISTING SIDEWALK
SUBDIVIS10N OF LOT 19
Kukuiulo Parcel H SubdivisionBgingaPortlonofR.P.6714.
LC.Aw.77U-B,Ap.2 to
M.Kekuotrto no M.K&kuonooa
1NTO
LOTS 19-A THRU 19-H.INCLUSIVE
13-J,19-K,AND ROADWAY LOT ^9-L
AND EASEMENT A-2
KBl.OA.KAUM,HAWAI'1
Tai Ucp Kty.(4)2.B-22:SS
Kuliuruln E>«n)apnitnl Co.U.C
OBli July 2.3011
Ka'aina S.Hull
Dircclor ol'Planniny
Jodi A.Higuchi Sayegusa
Dcputy Dircctor ol [^Ianning
I.SUMMARY
Action Required by
Planning Commission:
Subdivision I'ermit No.
Name of Applicant(s)
COUNTYOFKAUA1!
PLANNING DEPARTMENT
SUBDIVISION REPORT
Consideration ofSubdivision Application No.S-2021-7 that
involves a two (2)lot consolidation and re-subdivision into t'our
(4)lots.
Application No.S-2021-7
YELLOW HALE.LLC.
II.PROJECT INFORMAT10N
Map Title
Tax Map Key(s):
Zoning:
State Land Use
District(s):
Consolidation ofLot 88 ofLand Court Consolidation 164 and Lot B,
Being Portion ol L.C.Aw.2668,Apana 1 and Resubdivision into Lots 1
through 4,Inclusive Ka Ua Noe O Koloa at Koloa,Kaua'i,Hawai'i.
2-8-014:032 Area:27.885 acres
I^esidential (R-l 0)/Open (0)
Llrban General Plan
Designation:
Resort
AGENCY COMMENTS
COK Public
Works
COK Water:
D Other(s)
06.17.202
Pending
D State DOT-Highways:
StateHealth:06.15.202
DLNR-SHPD:Pending
EX1STING ROAU RIGHT-OF-WAY(S)
Road Name
Kiahuna Plantation Drive
Pa'u A Laka Street
Existing
Width
24 feet
24 feet
Required
Width
60 teet
60 feet
Pavement
YES
a
N0
D
a
D
Reserve
APPLICABLE FEES
Environmental Impact Assessment
(EIA)
Park Dedication
Appraisal Report Required
$250.00
$300.00
N/A
III.EVALUATION
The proposed development involves a four (4)lot subdivision that establishes two (2)lots
with County Residential District (R-10)zoning,one (1)remnant lot zoned County Open
(0)District and one (1)roadway lot.The site is within the State Land Use Urban District
and within the Kaua'i General Plan Resort District.The intent ofthe subdivision is to
separate Kiahuna Plantation Drive from existing Lot 88 and Lot B.Il should be noted that
the portion ofK.iahuna Plantation Drive that traverses through Lot 88 and Lot B is a
constructed roadway and it currently provides access to the 73-Iot Wainani at Kiahuna
Subdivision (SubdivisionNo.S-2004-48)that was approved by the Kaua i PIanning
Commission on October 24,2006.
In evaluating the proposed development,it is further noted that development ol'the subject
property was previously reviewed through Project Development Use Pennit PDU-2006-25,
Use Permit U-2006-26 and CIass IV Zoning Permit Z-IV-2006-27 that involves
construction ofa 280-unit multi-family residential project.The subject permits were
approved with conditions by the Kaua'i Planning Commission on August 22,2006.In
C3
co
H
considering the subdivision,the Applieant would fae subject to the applicable requirements
ofthe foregoing permits.
IV.RECOMMENDATION
TENATIVE APPROVAL FINAL APPROVAL
lApproval
D Denied
D Approval
D Denied
Tentative Approval subject to all
requirements as noted on the I'ollow pages:
AII conditions have been complied with
Ij^lw-^DAteDirectorofTlanning Uirector of Planning Date
V.AGENCY REQUIREMENTS
I.Requirements ot the Planning Department:
a.An iipdated preliminary title report tbr each sxisting lot shall be subittitted to fhe
PIanning Department tor review.
b.All existing and proposed easements,ifany,shall be identilled in the deed
descriptions ofthe affected lots,draft copies ofwhich shall be submitted to the
1'lanning Department for review and approval.
e.Pursuant to Section 9-3.8(b)ofthe Subdivision Ordinance.Kaua'i County Code
(1987),the Applicant shall submit to the Planning Departmentan electronic record
(digitized format)ofthe final subdivision map(s)on disk for record keeping
purposes prior to final subdivision approval.
d.The street labeling for Pau A Laka Street needs to be amended to Pa'u A Laka
Street.
e.A Park Dedication Fee ofThree Hundred Dollars ($300.00)shall be paid to the
County ot'K.aua'i.
f.An Environmental Impact Assessment Fee ofTwo Hundred Fifty Dollars ($250.00)
shall be paid to the County of'Kaua'i.
g.The Subdivider shall comply with the requirements in Section 9-2.3fe)ol'the
Kaua'i County Code (1987)relating to the provision of curbs,gutters and
sidewalks along Roadway Lot 2.The extent ofimprovements shall be resolved
with the Planning Department and Department ot'Public Works prior to final
subdivision map approval.
h.The improvements within Roadway Lot 2 shall be constructed to tlie Department of
Public Works standards for a "Minor Street classification.
i.Relative to Condition No.1 .j.,the Applicant shall prepare and obtain construction
plan approvals for necessary road.water.drainage,electrical and telephone utilities
and tacilities,and either construct the same or post a surety bond tor completion.
j.Pursuant to Section 9-2.7(a)ofthe Subdivision Ordinance,all electrical services,
street light wiring and other utility and communication services shall be installed
underground within the proposed residential subdivision.
aiPasse
S-2021 -7;Subdivision Keport
Ycllow liillc,IJ.C.
118.111.2(ci
k.The subject property was previously reviewed through Project Development Use
Permit PDU-2006-25,Use Permit U-2006-26 and Class IV Zoning Permit Z-IV-
2006-27 that involves construction ol a 280-unit multi-family residential project.
Prior to tinal subdivision approval,the Applicant shall be subject to the applicable
requirements ot the forgoing permits.More particularly,the Applicant shall
comply with Condition 2.that reads as tollows:
(a)The Applicant shall provide clearance from SHPD that data recovery is
complete for any non-significant sites on the parcel prior to any grading or
grubbing on the site.
(b)Prior to building permit approval,the Applicant shall provide to the Planning
Department evidence that the subject parcel is clear ofhabitats for the Kaua'i
cave amphipod or cave spiders worthy ofpreservation.
2.Requirements ofthe Department of'Public Works (DOW):
a.The subdivider shall comply with all requirements ofthe Department ot'Water,if
any,prior to final subdivision approval.
3.Requirements ol the Department ofHealth (DOH):
a.The property is located within the covered area for Po'ipii Water Reclamation
Facility private sewer treatment plant.AII lots and structures within new
subdivision must connect to private sewer for Po'ipu Water Reclamation
Facility.
b.The property may harbor rodents which will be dispersed to the surrounding
areas when the site is cleared.In accordance with Chapter 11-26.entitled
"Vector Control",Title 11,HAR,the applicant shall ascertain the presence or
absence ofrodents on the property.Should the presence ofrodents be
determined,the applicant shall eradicate the rodents prior to clearing the site.
c.Noise will be generated during the construction and grading phase ofthe
project.The applicable maximum permissible sound levels as stated in Title 11.
Hawaii Administrative Rules (HAR),Chapter 11-46,"Community Noise
Control",shall not be exceeded,unless a noise permit is obtained from the State
Department of Health (DOH).
d.Temporary fugitive dust emissions could be emitted when the project site is
prepared for construction and when construction activities occur.In accordance
with Title 11,HAR Chapter 11-60.1,entitled "Air Pollution Control",effective
air pollution control measures shall be provided to prevent or minimize any
fugitive dust emissions caused by construction work from affecting the
surrounding areas.This includes the offsite roadways used to enter/exit the
project.The control measures include but are not limited to the use ofwater
wagons,sprinkler systems,dust fences,etc.
e.The construction waste that will be generated by the project shall be disposed of'
at a solid waste disposal facility that complies with the applicable provisions ot
Title 11,HAR,Chapter 11-58.1,"Solid Waste Management Control",the open
burning ot any ofthese wastes on or offsite is prohibited.
4.The Applicant is advised the should any archaeological or historical resources be
discovered during ground disturbing/construction work,all work in the area ofthe
archaeological/historical findings shall immediately cease and the applicant shall
3|Page
S-2021-7;Subdivision Kcpon
Ydluwllalc.I.I.C.
O^;.]0.2021
contact the State Department ofLand and Natural Resources,Historic Preservation
Division and the Planning Department to detennine mitigation measures.
5.The Applicant is advised that prior to and/or during construction and use additional
conditions may be imposed by government agencies.Should this occur,the applicant
shall resolve these conditions with the respective agency(ies).
The Planning Commission is further advised that this report does not represent the Planning
Department's final recommendation in view ofthe forthcoming public hearing process scheduled
for AUGUST 10,2021 whereby the entire record should be considered prior to decision-making.
The entire record should include but not be limited to:
a.Pending government agency comments;
b.Testimony from the general public and interested others;and
c.The Applicant's response to staffs report and recommendation as provided herein.
B /.^Ei.
.KEJ^NETH A.ESTES,PLANNER
P age
S-2021-7;Subdiv]sit>nl(eport
Yullowllak,I.I.f.
08.10.2021
Ka'ainaS.Hull
Diri-'ctor iil !llLinniny
COUNTY OF KAUA'I
PLANNING DEPARTMENT
SUPPLEMENT#1 TO
SUBDIVISION REPORT
Jodi A.Higuchi-Sayegusa
Deputy Director of l)lanniny
RE:Subdivision Application No.S-2021-7
APPLICANT:Yellow Hale,LLC.
ADDITIONAL FINDINGS
Attached for the Planning Commission's reference is supplemental information as follows:
Communication from members ofthe public and organizations
•Communication from Elizabeth Okinaka received August 09,2021 .
•Communication from Kayla Matsushima received August 09,2021.
•Communication from Kaniela Matsushima received August 09,2021
•Communication from Starlynn Kaupu received August 09,2021 .
•Communication from Ana Mo Des received August 09,2021.
•Communication from Jo Amsterdam received August 09,2021.
•Communication from Lucky Kanahele received August 09,2021 .
•Communication from Judy Dalton received August 09,2021 .
•Communication from Meredith Cross received August 09,2021 .
•Communication from Dennis Mendonca received August 08,2021.
•Communication from Eileen Kechloian received August 08,2021 .
•Communication from Linda Kay Ross received August 08,2021.
•Communication from Deirdre Encamacion received August 08,2021.
•Communication from Karla Saperstein received August 08,2021.
•Communication from Roslyn Cummings received August 08,2021 .
•Communication from Sierra Club of Hawaii,Kauai Group received August 08,2021.
•Communication from James Erwin Zike Jr.received August 07,2021.
•Communication from Summer Holwegner received August 07,2021.
•Communication from Lynette Kaopuiki received August 07,2021.
•Communication from Travis Thomas Mokiao received August 07,202 1.^.\.c-^.
AU6 1 O 2021,
Communication t'rom Thomas Whitham received August 07,2021.
Communication from Rebecca DeRoos received August 07,2021.
Communication from Noelani Josselin received August 07,2021.
Communication from Jan Makepa received August 06,2021.
Communication from Roel Arteaga received August 06,2021.
Communication from David Sutton received August 06,2021.
Communication from Marcia McPhail received August 06,2021.
Communication from Dan Freund received August 06,2021.
Communication from Regina Gregory received August 06,2021.
Communication from Cheryl Ann Farrell received August 06,2021.
Communication from Ahupuaa Puna O Kauai received August 06,202 1.
Communication from Heatherbell Fong received August 06,2021.
Communication from AIyssa Alayvilla received August 06,2021.
Communication from Lileigh Thomas received August 06,2021.
Communication from Sarah Wise received August 06,2021.
Communication from Drea Dooley received August 06,2021.
Communication from Tyler Smith received August 06,2021.
Communication from Malina Hoopii-Foley received August 06,2021.
Communication from Anna Morales received August 06,2021.
Communication trom Brittny (Kulanui Naliipoaimoku)Perez received August 06,2021.
Communication from Joan Levy received August 06,2021.
Communication from Jessica (jesskml551@gmail.com)received August 06,2021.
Communication from Aryn Mamizuka received August 06,2021.
Communication from Ariana May received August 06,2021.
Communication from Mary G.Waldrop received August 06,2021.
Communication from Sarah Kanu received August 06,2021.
Communication from Renee Rosemark Harper received August 06,2021 .
Communication from Araceli Marquez received August 06,2021.
Communication from Eileen Roach received August 06,2021.
Communication from Theresa and Marvin Condotta received August 06,202 1.
Communication from Kassandra Silva received August 06,2021.
Communication from Jordan Loudon received August 06,2021.
Communication trom Natalia Wyrd received August 06,2021.
Communication from Anne English received August 06,2021.
Communication from Regina L.Floyd received August 05,2021.
Communication from Steven Thomas received August 05,2021.
Communication from John Tillman received August 05,2021.
Communication from Viviana Ruiz-Moreno received August 05,2021.
Communication from Monica Banuelos received August 05,2021.
Supplement #1 to Subdivisioii Report
Subdivision Application No.S-2021-7 ^ellow Hale,I.t.C,
OS 10.2021 Page 2
Communication
Communication
Communication
2021.
Communication
Communication
Communication
Communication
Communication
Communication
Communication
Communication
Communication
Communication
Communication
Communication
Communication
from Flora W.received August 05,2021.
from Claudia L.Hart received August 05,2021.
trom snuffleupaguslikesspaghetti@gmail.com received August 05.
from Betty Winholtz received August 05,2021.
from Lasita Shalev received August 05,2021.
from Mark Shaffer received August 05,2021.
from Noelani Moku received August 05,2021.
from Shannon Stone received August 05,2021.
from Hannah Wemer received August 05,2021.
from Dawn F.Kawahara received August 05,2021.
from Steven Ramar received August 05,2021.
from Sylvia Partridge received August 05,2021.
from Joan McCauley received August 05,2021.
from Mai-Britt Ohlsen received August 05,2021.
from Elizabeth Okinaka received August 03,2021.
from Alex Stoddards received August 03,2021.
A-S^-
leth A.Estes
>taff Planner
Siipplement ^1 to Subdivision Report
SubdivisionApplicationNo.S-2021-7 Ydlow Hale,LLC.
08.10.2021 Page 3
To the Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item l-1c,Subdivision application:S-2021-7
Aloha,
My name is Kaniela Matsushima and I'm vvriting in this testimony to you to OPPOSE any and
all developments in Koloa/Po ipu.We can clearly see all the desecration that has been done on
the south side ofKaua'i to Native Hawaiian Burials and sacred sites throughout Koloa and
Po'ipii for decades.Even after being told there were burials in the area,they dug anyway.Then
after desecrating them,they call it "inadvertent find".The definition ofinadvertent is to mark by
or resulting from carelessness;negligent.From the construction ofthe Grand Hyatt Hotel years
ago to the recent Koloa Landing Resort -these are prime examples ofthe public (including
Native Hawaiians)bringing forward knowledge and testimony for known burials/cemeteries,
heiau,and other sacred sites PRIOR to permits being approved.But the Kaua'i Planning
Commission approved the projects anyway.
Kukui'ula development has many ali'i (chief)buried in the area along with hundreds ofvillagers.
One ali'i was found wrapped in kapa and placed in a wa a (canoe).Another ali'i burial in
Kukui'ula is at risk ofhaving a sewage waste system dropped into her tomb.I'm frustrated and
saddened that this development is still going on to this day.
I STRONGLY OPPOSE any and all future development in the Koloa cave systems areas.
I OPPOSE the proposed projects:Poipu Beach Estates,Royal Palms at Poipu,Pili Mai,Kiahuna
Poipu GolfResort,and Wainani at Poipu.Kiahuna alone is planned to have 280 multi family
homes.If this development gets built and is filled to capacity,this would add anywhere from
280-560 more cars to our two lane roads ivhich are already overwhelmed which traffic.This
would also put an even greater strain on our fragile ecosystem and natural resources.
We notified the Kaua'i Burial Council ofthe burials ofour ancestors in these areas as vvell as
culturally significant sites,but they have then claimed there are no burials or sacred sites.There's
also a major threat to our endangered native cave spider (Adelocosa Anops)and amphipod
(Spelaeorchestia Koloana).The US Fish and Wildlife Service listed this area as a critical
habitat"for them,yet last week there was a video ofsomeone spraying pesticide/poison all
throughout the area,There is clear negligence and lack of enforcement to protect these
significant sites.PIease do not add to the problems we are already trying to correct.
It's time the County ofKaua'i,Kaua'i Planning Commission,Department ofLand and Natural
Resources,and Kaua'i Burial Council actually listen to us when we say "no more construction in
Koloa and Po'ipu,no more desecration to our ancestors,no more polluting and/or destroying our
cave systems (which are the nostrils ofour island),and no more poisoning our endangered native
species.
AS A KANAKA 'OIWI,NATIVE HAWAIIAN,STEWARD OF THIS 'AINA,ISTRONGLY
OPPOSE ANY AND ALL FURTtIER DEVELOPMENT IN THE AREA.
Mahalo,
'T<^~<.^^^S^"S-
Kaniela Matsushima
Kristen Romuar-Cabico
From:
Sent:
To:
Subj'ect:
Kayla Matsushima <elysse2009@hotmail.com>
Monday,August 9,2021 9:11 AM
Planning Department
Testimony ForAgenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kaual.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
To the Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I STRONGLY OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled t'or hearing by the Subdivision Committee of
the Kauai County Planning Commission at 8:30 am,8/10/2021.
This parcel,called TMK (4)2-8-014:032,is the homeofendangered species,notably the native blind cave spider.There is a reason they are aknown
and protected species here.This spider is found nowhere else in the world and has great significance in the Hawaiian Culture.The Department of the
Interior has clearly documented areas of this TMK as protected habitat for these endangered species.It also holds cutturally significant sites,historic
practices,and is a known and recognized Native Hawaiian burial site.
The US Fish and Wildlife Service has noted this parcel,called TMK (4)2-8-014:032,to contain 'Critical Habitat'for at least 2 Endangered species -
the Endangered Kauai Cave WolfSpider (Ade[ocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana),They have
noted this as the last remaining ecosystem on the planet.These creatures exist only in Koloa -within the lava tubes and the areas connected to the
adjacent property (TMK (4)2-814:32)through underground ecosystems.
Agenda Item I-1 c,Subdivision application:S-2021 -7 on the Planning Commission lists the proposed activity as the building of 280 condominiums.
The creation of this project would be in direct conflict of the protection of the species I Eisted above as wel!as the cultural significance and Native
Hawaiian Burials.
The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC
added conditions 10-22.No action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing
traditional and cultural practices and the Endangered Species Act.
It is forthese reasons that I STRONGLY OPPOSE any activity on this property including,but not limited to,drilling,grubbing,grading,the
administration of pesticides or poisons,and any other activity that would lead to the decimation of this ecosystena and the listed Endangered Species.
Mahalo,
Kayla Matsushima
808-346-8311
To the Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
1 STRONGLY OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled
for hearing by the Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am,
8/10/2021.
This parcel,called TMK (4)2-8-014:032,is the home ofendangered species,notably the native blind
cave spider.There is a reason they are a known and protected species here.This spider is found nowhere
else in the world and has great significance in the Hawaiian Culture.The Department ofthe Interior has
clearly documented areas ofthis TMK as protected habitat for these endangered species.It also holds
culturally significant sites,historic practices,and is a known and recognized Native Hawaiian burial site.
The US Fish and Wildlife Service has noted this parcel,called TMK (4)2-8-014:032,to contain 'Critical
Habitat'for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)
and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).They have noted this as the last
remaining ecosystem on the planet.These creatures exist only in Koloa -within the lava tubes and the
areas connected to the adjacent property (TMK (4)2-814:32)through underground ecosystems.
Agenda Item l-1c,Subdivision application:S-2021-7 on the Planning Commission lists the proposed
activity as the building of 280 condominiums.The creation ofthis project would be in direct conflict of
the protection ofthe species I listed above as well as the cultural significance and Native Hawaiian
Burials.
The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary
Amendment requirements.In 1997 the LUC added conditions 10-22.No action should be taken on
TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional
and cultural practices and the Endangered Species Act.
It is for these reasons that I STRONGLY OPPOSE any activity on this property including,but not
limited to,drilling,grubbing,grading,the administration ofpesticides or poisons,and any other activity
that would lead to the decimation ofthis ecosystem and the listed Endangered Species.
Mahalo,
Kayla Matsushima
808-346-8311
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Jo Amsterdann <joamsterdam@hotmail.com>
Monday,August9,2021 11:16 AM
Planning Department
Gary Hooser
AGENDAITEMS-2021-7
CAUTION:This emall originated from outside the County of Kauai.Do not click links or open attachments even Jf the sender is known
to you unless It is something you were expecting.
Aloha Planning Department,
1 oppose the consolidation and planned Subdivision ofTMK (4)2-8-014:032.This area is home to the cave
spider which is in danger of becoming extinct.There are many culturally significant places with in this area
including heiau and many Iwi Kupuna.We don't need more expensive homes for people who don't live here
yet.A conflict of interest also seems to be a part of this whole plan.5 million to the county as a
"gift"?Listed as Critical Habitat for other than humans...let's not put human in there.
Thank you for your consideration.Let's be Pono together.sincerely Jo Amsterdam.
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Elizabeth Okinaka <elizabeth.eolakakouhawaii@gmail.com>
Monday,August 9,2021 1:02 PM
Planning Department
Alan.S.Downer@hawaii.gov;Bill DeCosta;Felicia Cowden;Kmarkell@oha.org;
Susan.A.Lebo@hawaii.gov;Tinger,John;aaron_nadig@fws.gov,·
david.buckley@hawaii.gov;kipukai.kualii@gmail.com;Mason Chock
Oppose Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Please accept the following comment submitted on behalf of E Ola Kakou Hawaii,a 501(c)(3)Non
profit committed to the preservation and ensuring access to historical,cultural sites and burials.
We file this comment in strong opposition to take any action by the County pertaining to TMK 2-8-
014:032 and TMK 2-8-014:041.
These undeveloped parcelsthatserve as a natural drainage basin forthe Kiahuna GolfVillage,are
home to the endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the endangered Kauai Cave
Amphipod (Spelaeorchestia Koloana).Portions of these parcels are designated habitat for several
endangered species and include Hawaiian burials sites and caverns and other culturally significant
archeological features.There are 3 Burials Mounds in total on this property.They are accessed by the
cave entrances directly surrounding the property.
1 spoke to Missy Kamai of Cultural Surveys Hawaii on site.She explained that the lot needed to be
cleared by hand,then a full team would conduct a survey.This never happened,the county has failed
to follow proper protocol.There are pending complaints filed with SHPD,DLNR and COK for this
property.Burial Registry and Lineal Descent forms have been filed with SHPD since Feb 2021.
This property has been illegally bulldozer,grated,drilled and poison sprayed heavily since Dec
2020.
All of these in direct Violations of the Endangered Species Act &Related Project conditions
The Koloa Cave Ecosystem is considered to be one of the 10 most critically endangered cave
ecosystems in the world.It is also part of the Historic koloa field sytstem,and only feet away from
Historic Hapa trail.
The drilling that occurred in April also another direct violation,no Cultural Monitors were present,nor
any Geo Fencing or protections cultural sensitive areas.
There are multiple lineal descendants coming forward with knowledge of burials in this land!
httos://dlnr.hawaii.eov/WD-content/UDloads/2016/12/D-22.pdf
1
In 2016 the county agreed:
"County shall,in the future,consider the Koloa Field System to be a significant historic property,
which consisted of a set of interrelated features hannoniously interacting to form a unified whole"
"The County admits that when it granted subdivision for the EAK Trust's
VAP Subdivision it failed to:(a)adequately protect significant historic properties on.the
EAK Trust Lots;(b)comply with the historic preservation review process;and (c)adequately
protect traditional and customary practices"
In Docket A76-418 Moana Corporation LUC states that:tmk (4)2-8-1-4:32"must comply with the
same conditions per the Eric A Knudsen Trust"
In the following links,you will find ample authority and mandates for the fact that no development
can occur absent total compliance with conditions and findings set forth in the Uecision dnd Order of
the State Land Use Comini^siuii,a pertinent portion of which states,
"The presence ofextensive archeological remains on and in the area ofthe subject property is
generally known.Petitioner,therefore,commissioned the Bernice P.Bishop Museum to conduct an
archeological survey ofthe area which was filed in the proceeding as a Petitioner's Exhibit "X"and is
entitled Archeological Reconnaissance Survey of Knudsen Trust Land At Koloa,Poipu,Kauai.That
survey reveals and the Commission therefore finds as follows:
(a)A substantial number of archeological sites exist on approximately 200 acres within the
southern and eastern portions ofthe subject property;
(b)These sites fall within the categories of platforms or varied forms,enclosures,modified
actual features such as outcrops and sinkholes;large wall-structures;agricultural complexes with
varied mounds,terraces and plots;lava tubes;simple stone structures with no definite functions;
irrigated pondfields (lo i)and irrigation ditches (auwai);foot trails and historic sites such as houses,
tombs and ovens;
(c)"These sites appear to be the remains ofextensive agricultural complex that at one time
stretched from Koloa Town to the Coast."
Page 18-19 Moana-CorDoration Decision and Orderd
The following questions,comments,and concerns are listed below,organized by violation of law
and/or condition.
I.Violations of the Endangered Soecies Act &Related Proiect Conditions
•Why was the USFWS not contacted about the subdivision approval,which will impact the
federally protected,endangered Kauai cave amphipod and spiders that have been found on
the parcel?
•This subdivision application references construction of streets,underground utilities,
curbs,gutters,and sidewalks upon approval by the Planning Commission.
In 1977,the LUC imposed a variety of conditions,including condition #7,requiring
comprehensive archeological and biological study and preservation of archeological sites and
habitats of the Kauai cave spiders and sandhoppers.l
KMP has repeatedly attempted to assert no presence of the cave spiders and amphipods.In
2014,KMP petitioned for the deletion of multiple conditions,including Condition 7,asserting
that its prior surveys fulfilled the condition.2
The USFWS recommended denial of the petition,stating there were endangered Kauai cave
spiders and amphipods found on the parcel.3 USFWS noted there are likely spiders on other
portions of the property not found in certain surveys because they live in underground
portions not reachable by surveys.
•The USFWS "recommended that KMP applies for an incidental take permit"and develop
a habitat conservation plan.KMP failed to do.
Immediately after opposition from USFWS (and from OP about insufficient traffic impact),KMP
filed to withdraw its petition,which the LUC granted.4
Condition 7 still governs any development on the property,including anything authorized by a
subdivision approval (such as construction of roads,utilities,sewers.).KMP cannot skirt their
obligations to follow federal and state laws through a subdivision approval and piecemealing of
their project environmental review.
In KMP's recent 2018-2019 annual report,filed to the LUC in February 2020,KMP again
asserted that condition 7 had been fulfilled.Yet in this assertion,KMP failed to point to any
surveys conducted since the 2014 USFWS letter.5
KMP has already violated ESA and condition #7 via:
•Unauthorized drilling in April and May 2021.
•Placement of open rat poison around the property that could seep into the ground in
JulyandAugust2021.
•The USFWS 2014 letter noted the threat of pesticide use to these species.
•Further,this specific project's 2006 Zoning Approval required that "prior to building permit
approval,"the project must provide to the Planning Department evidence that the area is clear
of habitats for the Kauai cave amphipod or spiders.6
•Any permits issued before the subsequent USFWS 2014 letter,confirming the presence
of cave spiders after KMP's prior representations about the presence of cave spiders,
arevoid.
Violations of the Clean Water Act
•Has the County assured there will not be any impacts from construction and the project on
nearby waters and coastal resources,including Koloa Landing and Waikoma Stream,that
necessitate a NPDES permit?
•There are serious concerns of CWA violations from the placement of open-facing pest poison
on the property,which could drain into nearby coastal resources via runoff.
•Will the County need to ensure/modify a NPDES permit for the project's additional discharge
that will be added to and treated by the Poipu Water Reclamation Facility?
•Have subsequent studies been done since the 2006 zoning approval to ensure that this
project can be serviced in light of since-approved development and population increase,
as well as other planned projects in the near future?
Archaeological Resources
•This Subdivision approval itself requires all work to "immediately cease"upon discovery of
archeological or historical resources,and the applicant must contact the State Department of
Land and Natural Resources,Historical Preservation Division,and Planning Departmentto
determine mitigation measures.
•Yet the developer conducted drilling in April and May 2021 without any supervision or
the required permits.
•In its illegal drilling,the developer has violated the LUC conditions and Hawaiian law.Actual
surveysare needed.
[1]httos://luc.hawaii.gov/WD-content/uDloads/2014/03/A76-418 Moana-CorDoration DO 7-11-
1977.0df
[2]https://luc.hawaii.gov/WD-content/UDloads/2014/01/A76-418-Motion-to-Delete-Conditions-5-7-
12.pdf
[3]httDS://luc.hawaii.gov/WD-content/uploads/2014/01/A76-418-OP-Exhibit-C-D-E.pdf
[4]https://luc.hawaii.KOV/WD-content/uoloads/2014/03/A76-418-ORDER-GRANTING-RQST-TO-
WITHDRAW-MOTION.pdf
[5]httDS://luc.hawaii.gov/wD-content/uploads/2020/02/A76-418 Kiahuna-Mauka-Partners-
LL^Annual-ReporL2018-2019 2.26.2020.pdf
[6]https://www.droDbox.com/sh/i23nrRb01wval7h/AAD8rvSmZvHaU3ULT128Vllba/Z-IV-2006-
27%20Kiahuna%20PoiDu%20Golf%20Resort%20LLC%20(4)2-8-014-32?dl=0&preview=Z-IV-2006-
27 Kiahuna Poipu Golf Resort KMP-4.pdf&subfolder nav trackine=l
Formore information:
httDS://luc.hawaii.eov/WD-content/uDloads/2014/03/A76-418 Moana-CorDoration DO 7-11-
1977.0df
htto://oeac2.doh.hawaii.eov/EA EIS Archive/1976-05-DD-KA-FEIS-Kiahuna-Golf-Vi|!age.@df
httDS://luc.hawaii.gov/wD-content/UDloads/2014/01/A76-418-OP-Exhibit-C-D-E.Ddf
https://www.govinfo.gov/content/Dkg/FR-2003-04-09/Ddf/03-8180.pdf
httos://luc.hawaii.gov/WD-content/uoloads/2014/01/A76-418-OP-ResDonse-to-Motipn-4-4-14-
FINAL.pdf
httDS://luc.hawaii.Bov/WD-content/uDloads/2014/03/A76-418 Moana-Corporation Bill-of-
Particulars 5-16-1996.Ddf
Mahalo for accepting our comment in strong opposition to Agenda Item l-1c,Subdivision application:
S-2021-7 Yellow Hale LLC
E Ola Kakou Hawaii
501(c)(3)
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Starlynn Kaupu <kstarlynn@gmail.com>
Monday,August 9,2021 11:59 AM
Planning Department
1 oppose the subdivision ofTMK (4)2-8-014:032
CAUTION:This email originated from outside the CountyofKauai.Do not click links oropen attachments even ifthe
sender is known to you unless it is something you were expecting.
To the Kauai Planning Commission
Re:Subdivsion application:S-2021-7
1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an
environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered
Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in
Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32)
The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums
It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of
condos or development of this important property.
This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We
are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse
actually or in terms of perception than for the County to approve any motions that would allow for an area designated
by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos.
This doesn't begin to cover the cultural issues related to Iwi Kupuna and burials,of which there are many relating to the
propierty.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species
Sent from my iPhone
Aloha members of the Planning Commission,
It is now evident that there is obvious corruption existing within the county level with the
acceptance of the 5 million dollar payout or bribe by the housing department resulting in a
letter of support on behalf of the developer to approve this subdivision request.This is
undeveloped,untouched land.There is protocol that has not been met by the developer (Gary
Pinkston/Yellow Hale)and worse than that the developer has lied to the community about the
survey being completed and on record to the KPD.There are evident steps to take when
dealing with undeveloped land where a cultural survey has been requested.The first step is an
inventory survey where someone goes in and takes note of any potentially significant areas,the
next step is a data recovery survey where a team goes in and investigates with detail and
precision each area so that the third step may be accomplished which is identifying any and
every culturally significant area to be protected and maintained in perpetuity.Steps two and
three were never accomplished due to what we can now only assume to be threats or bribery.
This area has been monitored and actions have been documented.The developer brought in
heavy destructive machinery (without monitors present)and then bulldozed the pathway during
off hours and now maintains the path by spraying poison continuously,have you all read
testimony discussing the environmental damage for federally protected species only existing in
this place [Koloa]out of any other place in the world?This is an explicit breach of protocol and
this developer should not receive any allowances as he has proved to the community to be
extremely shady in his operations when it comes to following the law and proper protocol
stated to ensure that what is truly valuable remain in existence.We need a true,authentic,
current and complete cultural survey with a teams data recovery process so we even know the
level that we are dealing with.The community wouldn't be so adamant about this if we didn't
see with our own eyes the significance of this place.If the subdivision gets approved the EIS
demands change and the planning department will be added to the lawsuit.If the developer
wasn't trying to hide something he wouldn't be going down this path.We'll sue the county for
negligence regarding protocol to ensure cultural and environmental protection and consider the
five million dollars received by the housing department as a bribe to avoid proper evaluation.
The entire community opposes this development and anyone coming forward in support is on
the developers payroll.Please do what is right on behalf of the community and do not approve
this subdivision,strongly oppose subdivision permit N0.S-2021-7,TMK:(4)2-8-014:032.
1 appreciate the ability to submit testimony on this extremely important decision you have to
make and for all of your time spent reading testimony on this issue.
MaHaLo,
Ana Mo Des
Kalaheo/Koloa
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Lucky Kanahele <247pono@gnnail.com>
Monday,August 9,2021 8:46 AM
Planning Department
Kauanoe O Koloa Kiahuna Project.
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Kauai Planning Commission
Re:Subdivsion application:S-2021-7
1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an
environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered
Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in
Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32)
The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums
It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of
condos ordevelopment ofthis important property.
This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We
are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse
actuallyor in terms of perception than forthe Countyto approve anymotionsthatwould allowforan area designated
by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos.
This doesn t begin to coverthe cultural issues related to Iwi Kupuna and burials,ofwhich there are many relating to the
property.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species
Sent from my iPhone
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Meredith Cross <malibumer.nunn@gmail.com>
Monday,August 9,2021 2:55 PM
Planning Department
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for
hearing by the Subdivision Committee of the Kauai County Plannmg Commission at 8:30 am,
8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,mcluding the blind cave spider,found
nowhere else in the world.Portions of the TMK have been designated by the Department of the
Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site
and replete with traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last
remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave
Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and
adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280
condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbmg,grading,the
administration of poison and other activities that would lead to the decimation of this ecosystem
and listed Endangered Species.See also Land Use Commission requirements that have yet to be
satisfied:
https://luc.hawaii.Kt)V/wp-conlent/uploads/2()14/()l/A76-418-OP-Response-to-Motiun-4-4-14-
FDsfALjxif
https://luc.hawaii.gov/wp-c()ntent/uploads/2()14/03/A76-418 Moana-Corporation_DO 7-11-
1977.pdf
https://luc.hawaii.gov/wp-content/uploads/2()14/()3/A76-418 Moana-Corporation Bill-of-
Pcirticulars ,5 -16-1996.pdf
The Land Use Commission Docket contains multiple applications to modify the 1977 District
Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see Imks that
1
follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have
been met,particularly those addressing traditional and cultural practices and the Endangered
Species Act.
Mahalo,
Meredith Cross
Kapaa
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Dennis Mendonca <dennism08@gmail.com>
Sunday,August 8,2021 7:44 PM
Planning Department
Subdivision Application S02021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Plarming Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for
hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,
8/10/2021.
There are a lot of reasons to oppose this deal in its current form.What most speaks to me is the waiving of the 20%of
workforce housingfora mere 5 million dollars.The developerwill likelygrosswell over 141 million dollars.Halfofthat
income would be 71 million.20%of tht would be 14 million dollars.1 know these are very rough figures but it doesn't
take rocket science to see that 5 million is grossly inadequate.
This deal makes no sense for the county as whole.It ignores the dire circumstances of affordable housing on Kauai.
Kauai is becoming a place where only the rich can live and this deal will further perpetuate that injustice.Please reject
this deal in its current form.
Thank You for listening to my concerns.
Dennis Mendonca 808-652-2505
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Eileen Kechloian <backonisland@gmail.com>
Sunday,August 8,2021 7:39 PM
Planning Department
Alexis.M.caramonte@hawaii.gov;David.Buckley@hawaii.gov,·Pifwoadmin@fws.gov;
She!eigh.Solis@hawaii,gov;alan.s.Downer@hawaii.gov,·cab@doh.hawaii;
dlnr.cwrm@hawaii.gov;hdoa.pested@hawaii.gov;hhammatt@culturalsun/eys.com;
naPuamakanihcp@fws.gov
Agenda Item l-1c,Subdivision application :S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Re:Agenda Item I-lc,Subdivision application:S-2021-7
Aloha Subdivision Committee and Members of the Kauai County Plannin|
Commission,
I write in opposition to any action by the County pertaining to TMK 2-8-014:032
and TMK 2-8-014:041,undeveloped parcels."No Action"should be taken.
The applicant is in violation ofyour own (Kaua'i County)zoning conditions set out
by the Kauai County Council and Mayor.This is reason enough to take "no action"
on this significant step in the development of these properties.The applicant i.s
also,in violation of State of Hawaii Land Use Commission zoning conditions.The
applicant has proceeded with work without proper permits in violation of County,
State and Federal laws (applicant does not have Federal Take permit).
Violations of Kaua'i County Council conditions:
Comment based on exhibit E entitled Ordinance number PM-31-79.Bill No.585.An ordinance amendin;
ordinance No.164 comprehensive zoning ordinance of the county of Kauai (Moana
Corporation)htto://luc.hawaii.Bov/WD-content/uploads/2014/01/A76-418-OP-Exhibit-C-D-E.pdf
Applicant violated the above named Ordinance set out by Kauai County Council as follows:
"5.)The applicant shall preserve:
a.)five archaeological sites identified in the archaeological and biological report and cause no construction or alteration
or other land disturbances on said sites except for preservation and restoration of the sites.
b.)the two lava tube's containing the habitat of the islands big eyed hunting spider and protect these from man-made
encroachments.Permission to re-survey three other caves that are potential habitats,shall be granted for scientific
purposes,before these caves are destroyed.
6.)No site identified in the report,"Archaeological and Biological surveyofthe proposed Kiahuna GolfCourse Village
Area,Koloa,Kona,Kauai Island,Hawaii"shall be graded,grubbed,bulldozed,or in any way destroyed unless in
accordance with a plan,mutually agreed-upon by the applicant and the Archeologist that has been prepared where by
the archaeological salvage will be accomplished by a means of coordinating any grading,grubbing or similar work by the
applicant with the archaeological salvage."
The Applicant is a bad actor as shown in this photo of a rock crusher being used on their culturally sensitive site.A rock
crusher requires a permit from The State of Hawaii Dept of Health Clean Air branch.The applicant is required to send in
a report every time the rock crusher is moved and a record of BTU's used is required.The second white object in the
picture is a navigation buoy that is repurposed to hold between 300 and 500 gallons of fuel.This requires what is known
as "purple fuel"as dirty fuel is not permitted.As is evident in this photo that is taken from Kaua'i County TMK records
from 10/25/2020,less than a year ago,the rock crusher is hidden from site by tall bushes.Bad actors hide activities that
they do not have permits to do.Here the applicant has violated the Kauai County Council's condition for the zoning
change,violated the State of Hawaii Clean Air permitting and the Federal clean Air Act.
4:46 PM SatAug7
B qpublic.schneidercorp.com
SLayers Map Search Results R.epori:Sates Search SatesList Sales Rcs.ults Home More
(3 iSi ft>Z<4"-^
Pictometry
httos://aoublic.schneidercorD.com/ADolication.aspx?ApolD=986&LaverlD=20101&PaeeTvDelD=4&PagelD=10365&K
evValue=280140320000 Link to photo online.
Further prior to your approval the following conditions must be met from the same Zoning Ordinance Amendment:
4.That the applicant dedicate to the county of Kauai approximately 20 acres of land makai of Poipu Beach road and
abutting Poipu beach park for expansion of the park.With respect to this condition,the dedication shall occur as soon
as the applicant may reasonably obtain a subdivision of said property but shall not be required to make the dedication in
4
less than two years from the date of zoning approval but not more than five years from the date here of.The applicant
shall further sign an agreement with the county of Kauai to this effect;such agreement shall give the county the right to
occupy and improve the property if necessary.
8.The applicant shall provide a minimum 6 feet wide public pedestrian access from the commercial area to the beach
site.Public restrooms and showers shall also be provided and maintained by the applicant in the vicinity of the existing
beach right away.The applicant shall further provide alternative parking plans for additional parking stalls for beach
goers in the vicinity of the Hoone street cul-de-sac.
11.The drainage diversion channels shall be reviewed and approved by the public works department,and settling
basins shall be provided if required.
12.The grading ofthe subject development shall comply with grading ordinance No.262.The maximum area of land
that may be open for grading or grubbing is 20 acres.Additional area shall not be open for grading or grubbing until
measures to prevent dust or erosion problems in the area already graded and grub have been satisfactorily complete.
13.The applicant shall be required to tie in its efforts in providing sewage facilities for the project with the county
planning for sewage facilities,and Shall work with the department of health and department of public works towards
the development of regional sewage treatment plant.
14.If applicant is to use water provided by the department of water applicant shall be required to contribute to the
department of water it's pro rata share of the cost to provide domestic water to the subject parcel.
17.A landscape buffer zone shall be provided along Poipu Road.Open vistas from Poipu Road to the golf courses shall
be,however,provided to create a feeling of openness along Poipu Road.
18.The applicant shall meet with the planning department and public works department relative to the future
improvements to Hapa Road,and its relationship to the traffic circulation.
19.Prior to the approval of any subdivision or zoning permit,the applicant shall provide the following:
a.)qualifying criteria for employee housing and preferential rates or purchase prices for employees;
b.)Alternative plans for additional parking areas for beach goers located in the vicinity of Hoonani Road
cul-de-sac;
c.)Amphitheater design criteria,use restrictions in alternative site if relocation is necessary.
21.Prior to and during any development or construction all applicable state and county laws,codes,ordinances,rules
and regulations be complied with."
Before the Planning Commission,Subdivision Committee takes any actions the Applicant must provide you with proof of
compliance and or completion of these conditions and others required by the Kaua'i County Council.
This Applicant is a bad actor and should be treated as such.Here are other examples ofthe applicant's blatant disregard
for you,the State of Hawaii and the Federal Government.In a promotional video on their website it shows heavy
5
equipment (trackhoe)on their parcels.The Applicant has left a perimeter oftrees and brush so as to hide the use ofthe
trackhoe from outside the property borders.The applicant does not have a grubbing and grading permit.This is a link to
their Facebook page that shows the trackhoe working on the parcels the applicant has requested your assistance in their
next significant step towards development.The trackhoe is seen at 10 seconds through 14 seconds into the 45 second
video.This video also shows a road put in with a heavy equipment.The road shows it has been freshly put in as there is
limited to no vegetation on it nor any erosion control precautions taken to prevent runoff or soil movement into the
endangered blind spider
habitat.httDS://www.facebook.com/KauanoeKauai/videos/114889483894786/?hc ref=ARRPKFYHLNOnkz3uwBDWpcJ
oZGVSfEixGC3L-MkuoQOJmAaZvAQRVsa511GOw3bDhQY&tn =kC-R
3:06 PM SunAugS
IsUnltySoft'0SiteMap|Kai X 0 Facebook X @ h<tps://luc.ha X @ luc.hawaii.go X
^->e a facebook.com
Up Next
feftmSS^
Kauanoe o Koloa 1 Comment 1 Share
T!9 Views -about 6 months ago •Poipy •0
Located in beautiful Po'ipu on Kauai's highly desirable south shore,you'll find this
brand-nsw condominium home opportunity at Kauanoe o Koloa.Adjacent to the
restaurants,and resorts,Kauanoe o Koloa
and 4 bedroom condominiums from $795,
For details,visit www.KauanoeKauai.com c
(808)688-5882 today.
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There is also evidence ofground disturbance,heavy equipment,grubbing and grading on the video from the applicant's
website.
https://www.kauanoekauai.com/PaBe/Gallerv-AerialView
This bad actor (applicant)is also setting out poison at night at various locations on the site.This activity puts the
endangered Pueo owl at risk of death as well as the endangered Nene,Koloa Duck and Blind Cave Spider that are all
reported to be on these parcels and adjacent parcels by the Bishop Museum report for the Kiahuna Golf Village Area in
Koloa.This also puts at risk the community's of Wainani,Pili Mai and Poipu Golf Village dogs and cats.The applicant is
required to have a permit from the Department of Agriculture to open broadcast poison.This permit requires special
training.
£
Poison set in multiple sites.
As a government agency,the Planning Department is required by the State of Hawaii law to request from any and all
agencies that may be affected by their decision,information as to whether or not your approval will have negative
consequences on their agency's ability to perform their function.If such requests are not made then your agency shall
bear the full weight of said ramifications.From which agencies have you requested feedback?State Historic
Preservation Division ?USFWS?
In a letter dated March 24,2014 USFWS speaks out on protection of endangered species on this property and adjacent
properties.Here is the link to the full letter and other exhibits.
http://luc.hawaii.eov/WD-content/UDloads/2014/01/A76-418-OP-Exhibit-C-D-E.pdf
9
Unitecl States Deparlment ofthe Interioi
FISH ANI)VVIIJ)!.!!'-!';SliKVlCE
Kaciric l.sliinds Fish ;inci VVildtite OtTicc
300 AI;i MO.KUI Biiulcvard.Rwim 3-122
llonoltltu.1-lawai'i t)()S50
lll Ruply Ret'er 'l'o:
2014-TA-0142
Mr.Jcssu K.Soiiki
Oft'ice ut'Plannin.u
Slalc ul'IIiiwai'i
235 Souih Beretania Street
Honoliilu.Hawai'i 96786
10
w
Subjeci:Tcchnical Assistancc I'tir Mulion tt>Aiiicncl Conilitioiis Nos.5 ;inc
Dccision and Orctcr.TMK 2-8-12:05.07.()<S.I'OR.19,20.21.2C
2-8-29:l-y4,Poipu,K;>u;i'i
Dear Mr.Souki:
Thc U.S.Fish and Wildlifc Scrvicc (Scrvicu)rccuived yoiir lettcr datucl Jnnuary ^
regarding ihc etTccts ot'a Motion to Amciid hy Mo.in.'i Coiporaiioii (Ki;il)iiii<i Mu
LLC (KMP))wtiich propusus to dclclc contlilions nuniburs 5 ;iiid 7 lliroiitili 22 ol
Orders dated July 7,1977 .ind Aiigust 5.1997.Tlic dclction.s iirc |iropo.scd by KI
of tidministralivu dliciuiicy lli.il llic s;ii(.l conclilion.s havc been met t'lilly or sub.sl;
are no longcr applicable,or can and will bc cnlbrcud by tliu Coiinty ol'K;ui;i'i ;IIK
ruqiiircd to bu enl'orecd by (IK'Land Usc Cuniniission.
Wc reviewed the Molion to Aiiiciid piirsiiaiil to ilic EiHl;ingcrcti Spccics Act ol'I1
iimuntlud (16 U.S.C.1531 c/.vn/.).Thc int'ormaiion yoii provided niid pcrtineni i
oiir t'ilcs.iiidiciitc thc ciuliingurcil Kiiiia'i c;ivu wulf'spider (Adrtocosa ciiiop.'i),inc
Kaua'i cave amphipod {SiH'lcu'orrlH'.'itui knfiiaiia)aru in tlie vicinily ot'TMK 2-S-
I'OR.19.20.21.26-36;2-8-15:77:2-8-29:1-94.Crilical liabit.it hiis been leder,
t'ur tliesc species 011 appfuxiiiiatcly d-aercs ot"l;)i)cl surruiiiK.lii)!.:;iiid incliidinL;tliu
C;ivc on April 9.2003 (68 FK I7430-1 7470).Atljuccnt propci-lius h;ivu ;ils<i hcn
critical li;ibit;it for tliese cave specius.Fur thu conscrvalioii ;IIK||->i(ituclit)ii ol tlic
Kaua'i cavc vvollsi)i(ler iind l<au;i'i c;ivc ;iiiipliipud wc ;irc provitliiiu tlic l't>lli)wii
recoinmcndations to assist you in ihe preparation ol'the State's response (u tlie L;
Commi.ssion's licnring on thc Molion.Thc Servicu's posilioi)lias nt)l t.'hangutl In
corrcspondence with KMP 011 Ot.-ldhur 26.200fi,reitcruiin^lliiit Itiy ;ihsei)cc ol'th
amphipods fron'i llic accessiblu Ki;ilu]ii;i Miikni Cavc ddcs iiol intlic.ilc llinl ll'iey t
witliiti tlic incsociivunis ol ihe siiri otindiii.si arc;is.Thurctoru.wc ;irc iiiiahlc lo coi
KMP's ruqucsl lo dclctc CoiHlition No.7 ol'Dccisioii ;iiid Oi-tlyrs tl.itftl .luly 7.I'J
11
I respectfully request that you take a "no action"stance until the above conditions and others set out by Kauai County
Council,Land Use Commission and the Federal Government are met.
Eileen Kechloian
Kauai resident
12
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
harmony Ross <harmonyross(a)|ive.com>
Sunday,August 8,2021 2:09 PM
Planning Department
Re:the despicable plot to build those 282 Condos
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
(there is actually a pun in the subject line..ha!)
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
1 OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for
hearing by the Subdivision Committee of the Kauai County Plannmg Commission at 8:30 am,
8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found
nowhere else in the world.Portions of the TMK have been designated by the Department of the
Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site
and replete with traditional and culhirally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last
remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave
Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only in Koloa -the lava tubes and areas mnnmg under and
adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Corrunission lists the proposed activity -the building of 280
condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbmg,grading,the
admmistration of poison and other activities that would lead to the decimation of this ecosystem
and listed Endangered Species.See also Land Use Commission requirements that have yet to be
satisfied:
https://luc.hawaii.gov/wp-content/uploads/2014/01/A76-418-OP-Response-to-Motion-4-4-14-
FINAL.pdf
https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418_Moana-Corporation DO 7-11-
1977.pdf
13
https://luc.hawaii.gov/wp-content/uploads/2014/()3/A76-4l8 Moana-Corporation _Bill-of-
Particulars_5-16-1996.pdf
The Land Use Commission Docket contains multiple applications to modify the 1977 District
Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see luiks that
follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have
been met,particularly those addressing traditional and cultural practices and the Endangered
Species Act.
Thank you for opposmg this plan,not only for tfie people you give your word and your honor to
represent,but your children and their children and their children,on in to infmity!!!
(Also,so you can sleep at night')
Mahalo,
Linda Kay Ross,808.631.6833
14
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
D.Encarnacion Slaughter <opihi54@yahoo.com>
Sunday,August 8,2021 1:30 PM
Planning Department
Bridget Hammerquist
Re:Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
To the Subdivision Coinmittee ofThe Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
This email constitutes a public comment on the Consolidation and planned Subdivision ofTMK (4)2-8-
014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County PIanning Commission at
8:30 am,8/10/2021.
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032,on the grounds that proper
procedure and legal protocol have not been followed,endangering the cultural resources known to be present
within project boundaries.Land Use Commission (LUC)conditions regarding cultural resources on this
specific parcel were issued in 1976,and to date have not been carried through to completion.As you know,
these conditions run with the land,and do not dissolve regardless of change of ownership.No changes should
be allowed,including subdivisions of the parcel or earth-moving activities such as vegetation clearing,
grubbing,grading,or excavations,until LUC conditions have been met.Specifically,among others Condition
No.7 providing for the recordation,management,and protection of archaeological sites is incomplete.
TMK (4)2-8-014:032 was surveyed for archaeological remains and other potential cultural resources in
1976.As that study is now over 45 years old,it is well out of date for statutory compliance purposes.Beyond
the age of the study,the archaeological research done did not include standard procedures such as historical
research and consultation with the Office of Hawaiian Affairs,despite the fact that TMK (4)2-8-014:032 is a
recognized Hawaiian burial site with numerous traditional and culturally sensitive areas.
The 1976 study ofTMK (4)2-8-014:032 did not record any of the numerous cultural sites observed during the
archaeological survey.According to the EIS submitted by Moana Corporation in 1976,the survey "did not
include the detailed recording of archaeological sites,their locations,or research into their origins and uses,"
noting that the survey found "a substantial number ofrelatively undisturbed archaeological sites within the
southem and eastem portions of the project area."These sites,according to the EIS,represent the remains of"an extensive agricultural complex that at one time stretched from the present Koloa town to the coast,"
undoubtedly associated with the Koloa Field System.The Koloa Field System includes parallel and branching
irrigation ditches and aqueducts,terraced lo'i,dryland fields,irrigated mound fields,and subdivision of lo'i and
kula plots.Archaeological remains of the Koloa Field System must be documented and afforded protection
prior to any changes being made regarding TMK (4)2-8-014:032.
15
Ka'aina S.Hull
Diredor ofPlanning
Jodi A.Higuchi-Sayegusa
DepLity Oircctor ofPlanning
COUNTY OF KAUA'l
PLANNING DEPARTMENT
SUPPLEMENT#1 TO
SUBDIVISION REPORT
RE:
APPLICANT:
Subdivision Application No.S-2021-5
Kukui'ula Development Company,LLC.
III.EVALUATION (CONT1NUED)
Modification of Requirement
As represented,the Applicant is requesting deviations from requirements in the Kaua'i County
Code,1987 (KCC)that would exempt roadway requirements specified by the Subdivision
Ordinance as it relates to construction of curbs,gutters,and sidewalks along the roadway
frontages,pursuant to Section 9-2.3(e),and to allow the use ofdrainage swales in lieu ofraised
curbs and gutters on both sides ofthe proposed roadways.
In considering the proposal,it should be noted that the primary access road serving the master
planned community (Ala Kukui'ula)has been previously approved to deviate from the
roadway standards typically found in the residential developments in this area.At the time
(circa.2004),the roadway standards did not feature sidewalks for residential development
except where the density allows for 10 or more units per acre.Since then,the roadway
standards have been revised.
[t is noted that the construction of curbs,gutters and sidewalks is a standard requirement for
subdivisions within the Residential District where the density allows for four (4)or more units per
acre (R-4),Resort District,as well as developments within the Commercial District.The
requested deviation would allow the subdivider to continue the character ofthe interior roadways
within the project area (refer to Applicant's correspondence dated August 04,2021).The
Applicant's exhibit shows there is an existing sidewalk along the makai side ofAla Kukui'ula
and the request to deviate from this standard would allow the Applicant to have a subdivision
that would be similar to the completed residential subdivisions in this community.For those
completed subdivisions,there are sidewalks on only one side ofthe roadway or for only a
portion ofthe interior roadways.
Subdivision Application No.S-2021-5
Supplement #l to Subdivision Report
Kukui'ula Development Company,LLC.
08.10.2021 ^:.!.^.^.
AU6 1 O 2021
The roadivays within this planned community are private and maintained by the developer.In
the event the roadways are dedicated to the County,then the roadways should be retrofitted to
comply with the present roadway standards.
In evaluating the Applicant's request,no problems are foreseen in granting the Modification of
Requirement to allow a deviation from the requirement to construct curbs,gutters and
sidewalks along a roadway and to allow a drainage system featuring drainage swales in lieu of
raised curbs and gutters based on the following reasons:
a.The proposed roadways would be constructed similar to completed roadways
within the planned community and be consistent with the infrastructure
serving this area.Furthermore,the roadways within this development are not
intended to function as part ofthe County's public street system for the
Southshore area (Poipu/K.ukui'ula).Its primary design is to promote slower
traffic speeds within the community and provide a more rural character;
b.The Public Path and Trails Exhibit dated October 2020,and previous
versions provided to the department by the Applicant,do not show this area
as a part ofthe trail system within the planned community,which is required
by Condition No.15 ofOrdinance No.PM-2004-370;and
c.In the event the private roadways are dedicated to the County,the developer
would be required to retrofit the roadway to comply with the present roadway
standards.
Based on the reasons noted above,the department supports the Applicant's deviation
request and recommends its approval.However the Applicant should be made aware that in
the event these private roadways are dedicated to the County,the developer (Kukui'ula)
would be required to retrofit the roadways to comply with the present roadway standards
that are administered by the County Department ofPublic Works,Engineering Division.
A.Estes,Planner
Subdivision Application No.S-2021-5
Supplement #I to Subdivision Report
Kukui'ula Development Company,LL.C.
08 10.2021
rj
SOUTII SIIOR1-:,KAUA'I
'"t-.•:•••^t"'_'';;or ;-.,„;,
PL.i.r'tNINGDEP;,
21 AUG-4 P1 :|9
August 4,2021 REC£iVtu
Mr.Kenny Estes
Counly ofKauai
4444 Rice Street
Lihue,Hawaii 96756
Re:Subdivision ofLot 19 -Kukui'ula Parcel H
S-2021-5
Kemiy —
Please accept this letter as Kukui ula s formal request for a 'vvaiver'from portions of
County Ordinance No.946 (commonly kiiown as the 'Complete Streets'ordinance)
related to dual sidewalks and street curbs and gutter as follows:
1)We propose the use of County DPW approved drainage swales on both sides of
the residential street in licu of raised curbs and gutters on both sides of the street.
2)We propose the installation ofno new sidewalks frontiiig the proposed residential
lots ofthis subdivision for the following reasons:
a.The residential stl'eet serves only 10 residential lots.
b.Additional sidevvalks are umieccesaiy because there is aii alternative
nearby (within 100')existing 'arterial'sidewalk (along Ala Kukui'ula)
serving the proposed 10 residential lots
c.Dual sidewalks would,in the applicant's opinion,be out of character vvitll
the proposed conununity
Ordinance No.946 allows for the above deviations.We therefore respectfully request that
in tlie Subdivision Map Conditions ofApproval,these deviations be specifically
addressed (and granted).
Please let me faiow ifyou need anytliing else !
2700 KE ALAULA STREET,SUITE B,KOLOA,Hl 96756
1.808742.6304 |v..KUKUIUI.A.COM
Mahalo
Lindsay Crawford
Senior Project Manager
Cc:Dave Hutchinson -KDCI-I
Dennis Esaki -Esaki Surveying &Mappin;
EXISTING SIDEWALK
SUBDIVIS10N OF LOT 19
Kukuiulo Parcel H SubdivisionBgingaPortlonofR.P.6714.
LC.Aw.77U-B,Ap.2 to
M.Kekuotrto no M.K&kuonooa
1NTO
LOTS 19-A THRU 19-H.INCLUSIVE
13-J,19-K,AND ROADWAY LOT ^9-L
AND EASEMENT A-2
KBl.OA.KAUM,HAWAI'1
Tai Ucp Kty.(4)2.B-22:SS
Kuliuruln E>«n)apnitnl Co.U.C
OBli July 2.3011
Ka'aina S.Hull
Dircclor ol'Planniny
Jodi A.Higuchi Sayegusa
Dcputy Dircctor ol [^Ianning
I.SUMMARY
Action Required by
Planning Commission:
Subdivision I'ermit No.
Name of Applicant(s)
COUNTYOFKAUA1!
PLANNING DEPARTMENT
SUBDIVISION REPORT
Consideration ofSubdivision Application No.S-2021-7 that
involves a two (2)lot consolidation and re-subdivision into t'our
(4)lots.
Application No.S-2021-7
YELLOW HALE.LLC.
II.PROJECT INFORMAT10N
Map Title
Tax Map Key(s):
Zoning:
State Land Use
District(s):
Consolidation ofLot 88 ofLand Court Consolidation 164 and Lot B,
Being Portion ol L.C.Aw.2668,Apana 1 and Resubdivision into Lots 1
through 4,Inclusive Ka Ua Noe O Koloa at Koloa,Kaua'i,Hawai'i.
2-8-014:032 Area:27.885 acres
I^esidential (R-l 0)/Open (0)
Llrban General Plan
Designation:
Resort
AGENCY COMMENTS
COK Public
Works
COK Water:
D Other(s)
06.17.202
Pending
D State DOT-Highways:
StateHealth:06.15.202
DLNR-SHPD:Pending
EX1STING ROAU RIGHT-OF-WAY(S)
Road Name
Kiahuna Plantation Drive
Pa'u A Laka Street
Existing
Width
24 feet
24 feet
Required
Width
60 teet
60 feet
Pavement
YES
a
N0
D
a
D
Reserve
APPLICABLE FEES
Environmental Impact Assessment
(EIA)
Park Dedication
Appraisal Report Required
$250.00
$300.00
N/A
III.EVALUATION
The proposed development involves a four (4)lot subdivision that establishes two (2)lots
with County Residential District (R-10)zoning,one (1)remnant lot zoned County Open
(0)District and one (1)roadway lot.The site is within the State Land Use Urban District
and within the Kaua'i General Plan Resort District.The intent ofthe subdivision is to
separate Kiahuna Plantation Drive from existing Lot 88 and Lot B.Il should be noted that
the portion ofK.iahuna Plantation Drive that traverses through Lot 88 and Lot B is a
constructed roadway and it currently provides access to the 73-Iot Wainani at Kiahuna
Subdivision (SubdivisionNo.S-2004-48)that was approved by the Kaua i PIanning
Commission on October 24,2006.
In evaluating the proposed development,it is further noted that development ol'the subject
property was previously reviewed through Project Development Use Pennit PDU-2006-25,
Use Permit U-2006-26 and CIass IV Zoning Permit Z-IV-2006-27 that involves
construction ofa 280-unit multi-family residential project.The subject permits were
approved with conditions by the Kaua'i Planning Commission on August 22,2006.In
C3
co
H
considering the subdivision,the Applieant would fae subject to the applicable requirements
ofthe foregoing permits.
IV.RECOMMENDATION
TENATIVE APPROVAL FINAL APPROVAL
lApproval
D Denied
D Approval
D Denied
Tentative Approval subject to all
requirements as noted on the I'ollow pages:
AII conditions have been complied with
Ij^lw-^DAteDirectorofTlanning Uirector of Planning Date
V.AGENCY REQUIREMENTS
I.Requirements ot the Planning Department:
a.An iipdated preliminary title report tbr each sxisting lot shall be subittitted to fhe
PIanning Department tor review.
b.All existing and proposed easements,ifany,shall be identilled in the deed
descriptions ofthe affected lots,draft copies ofwhich shall be submitted to the
1'lanning Department for review and approval.
e.Pursuant to Section 9-3.8(b)ofthe Subdivision Ordinance.Kaua'i County Code
(1987),the Applicant shall submit to the Planning Departmentan electronic record
(digitized format)ofthe final subdivision map(s)on disk for record keeping
purposes prior to final subdivision approval.
d.The street labeling for Pau A Laka Street needs to be amended to Pa'u A Laka
Street.
e.A Park Dedication Fee ofThree Hundred Dollars ($300.00)shall be paid to the
County ot'K.aua'i.
f.An Environmental Impact Assessment Fee ofTwo Hundred Fifty Dollars ($250.00)
shall be paid to the County of'Kaua'i.
g.The Subdivider shall comply with the requirements in Section 9-2.3fe)ol'the
Kaua'i County Code (1987)relating to the provision of curbs,gutters and
sidewalks along Roadway Lot 2.The extent ofimprovements shall be resolved
with the Planning Department and Department ot'Public Works prior to final
subdivision map approval.
h.The improvements within Roadway Lot 2 shall be constructed to tlie Department of
Public Works standards for a "Minor Street classification.
i.Relative to Condition No.1 .j.,the Applicant shall prepare and obtain construction
plan approvals for necessary road.water.drainage,electrical and telephone utilities
and tacilities,and either construct the same or post a surety bond tor completion.
j.Pursuant to Section 9-2.7(a)ofthe Subdivision Ordinance,all electrical services,
street light wiring and other utility and communication services shall be installed
underground within the proposed residential subdivision.
aiPasse
S-2021 -7;Subdivision Keport
Ycllow liillc,IJ.C.
118.111.2(ci
k.The subject property was previously reviewed through Project Development Use
Permit PDU-2006-25,Use Permit U-2006-26 and Class IV Zoning Permit Z-IV-
2006-27 that involves construction ol a 280-unit multi-family residential project.
Prior to tinal subdivision approval,the Applicant shall be subject to the applicable
requirements ot the forgoing permits.More particularly,the Applicant shall
comply with Condition 2.that reads as tollows:
(a)The Applicant shall provide clearance from SHPD that data recovery is
complete for any non-significant sites on the parcel prior to any grading or
grubbing on the site.
(b)Prior to building permit approval,the Applicant shall provide to the Planning
Department evidence that the subject parcel is clear ofhabitats for the Kaua'i
cave amphipod or cave spiders worthy ofpreservation.
2.Requirements ofthe Department of'Public Works (DOW):
a.The subdivider shall comply with all requirements ofthe Department ot'Water,if
any,prior to final subdivision approval.
3.Requirements ol the Department ofHealth (DOH):
a.The property is located within the covered area for Po'ipii Water Reclamation
Facility private sewer treatment plant.AII lots and structures within new
subdivision must connect to private sewer for Po'ipu Water Reclamation
Facility.
b.The property may harbor rodents which will be dispersed to the surrounding
areas when the site is cleared.In accordance with Chapter 11-26.entitled
"Vector Control",Title 11,HAR,the applicant shall ascertain the presence or
absence ofrodents on the property.Should the presence ofrodents be
determined,the applicant shall eradicate the rodents prior to clearing the site.
c.Noise will be generated during the construction and grading phase ofthe
project.The applicable maximum permissible sound levels as stated in Title 11.
Hawaii Administrative Rules (HAR),Chapter 11-46,"Community Noise
Control",shall not be exceeded,unless a noise permit is obtained from the State
Department of Health (DOH).
d.Temporary fugitive dust emissions could be emitted when the project site is
prepared for construction and when construction activities occur.In accordance
with Title 11,HAR Chapter 11-60.1,entitled "Air Pollution Control",effective
air pollution control measures shall be provided to prevent or minimize any
fugitive dust emissions caused by construction work from affecting the
surrounding areas.This includes the offsite roadways used to enter/exit the
project.The control measures include but are not limited to the use ofwater
wagons,sprinkler systems,dust fences,etc.
e.The construction waste that will be generated by the project shall be disposed of'
at a solid waste disposal facility that complies with the applicable provisions ot
Title 11,HAR,Chapter 11-58.1,"Solid Waste Management Control",the open
burning ot any ofthese wastes on or offsite is prohibited.
4.The Applicant is advised the should any archaeological or historical resources be
discovered during ground disturbing/construction work,all work in the area ofthe
archaeological/historical findings shall immediately cease and the applicant shall
3|Page
S-2021-7;Subdivision Kcpon
Ydluwllalc.I.I.C.
O^;.]0.2021
contact the State Department ofLand and Natural Resources,Historic Preservation
Division and the Planning Department to detennine mitigation measures.
5.The Applicant is advised that prior to and/or during construction and use additional
conditions may be imposed by government agencies.Should this occur,the applicant
shall resolve these conditions with the respective agency(ies).
The Planning Commission is further advised that this report does not represent the Planning
Department's final recommendation in view ofthe forthcoming public hearing process scheduled
for AUGUST 10,2021 whereby the entire record should be considered prior to decision-making.
The entire record should include but not be limited to:
a.Pending government agency comments;
b.Testimony from the general public and interested others;and
c.The Applicant's response to staffs report and recommendation as provided herein.
B /.^Ei.
.KEJ^NETH A.ESTES,PLANNER
P age
S-2021-7;Subdiv]sit>nl(eport
Yullowllak,I.I.f.
08.10.2021
Ka'ainaS.Hull
Diri-'ctor iil !llLinniny
COUNTY OF KAUA'I
PLANNING DEPARTMENT
SUPPLEMENT#1 TO
SUBDIVISION REPORT
Jodi A.Higuchi-Sayegusa
Deputy Director of l)lanniny
RE:Subdivision Application No.S-2021-7
APPLICANT:Yellow Hale,LLC.
ADDITIONAL FINDINGS
Attached for the Planning Commission's reference is supplemental information as follows:
Communication from members ofthe public and organizations
•Communication from Elizabeth Okinaka received August 09,2021 .
•Communication from Kayla Matsushima received August 09,2021.
•Communication from Kaniela Matsushima received August 09,2021
•Communication from Starlynn Kaupu received August 09,2021 .
•Communication from Ana Mo Des received August 09,2021.
•Communication from Jo Amsterdam received August 09,2021.
•Communication from Lucky Kanahele received August 09,2021 .
•Communication from Judy Dalton received August 09,2021 .
•Communication from Meredith Cross received August 09,2021 .
•Communication from Dennis Mendonca received August 08,2021.
•Communication from Eileen Kechloian received August 08,2021 .
•Communication from Linda Kay Ross received August 08,2021.
•Communication from Deirdre Encamacion received August 08,2021.
•Communication from Karla Saperstein received August 08,2021.
•Communication from Roslyn Cummings received August 08,2021 .
•Communication from Sierra Club of Hawaii,Kauai Group received August 08,2021.
•Communication from James Erwin Zike Jr.received August 07,2021.
•Communication from Summer Holwegner received August 07,2021.
•Communication from Lynette Kaopuiki received August 07,2021.
•Communication from Travis Thomas Mokiao received August 07,202 1.^.\.c-^.
AU6 1 O 2021,
Communication t'rom Thomas Whitham received August 07,2021.
Communication from Rebecca DeRoos received August 07,2021.
Communication from Noelani Josselin received August 07,2021.
Communication from Jan Makepa received August 06,2021.
Communication from Roel Arteaga received August 06,2021.
Communication from David Sutton received August 06,2021.
Communication from Marcia McPhail received August 06,2021.
Communication from Dan Freund received August 06,2021.
Communication from Regina Gregory received August 06,2021.
Communication from Cheryl Ann Farrell received August 06,2021.
Communication from Ahupuaa Puna O Kauai received August 06,202 1.
Communication from Heatherbell Fong received August 06,2021.
Communication from AIyssa Alayvilla received August 06,2021.
Communication from Lileigh Thomas received August 06,2021.
Communication from Sarah Wise received August 06,2021.
Communication from Drea Dooley received August 06,2021.
Communication from Tyler Smith received August 06,2021.
Communication from Malina Hoopii-Foley received August 06,2021.
Communication from Anna Morales received August 06,2021.
Communication trom Brittny (Kulanui Naliipoaimoku)Perez received August 06,2021.
Communication from Joan Levy received August 06,2021.
Communication from Jessica (jesskml551@gmail.com)received August 06,2021.
Communication from Aryn Mamizuka received August 06,2021.
Communication from Ariana May received August 06,2021.
Communication from Mary G.Waldrop received August 06,2021.
Communication from Sarah Kanu received August 06,2021.
Communication from Renee Rosemark Harper received August 06,2021 .
Communication from Araceli Marquez received August 06,2021.
Communication from Eileen Roach received August 06,2021.
Communication from Theresa and Marvin Condotta received August 06,202 1.
Communication from Kassandra Silva received August 06,2021.
Communication from Jordan Loudon received August 06,2021.
Communication trom Natalia Wyrd received August 06,2021.
Communication from Anne English received August 06,2021.
Communication from Regina L.Floyd received August 05,2021.
Communication from Steven Thomas received August 05,2021.
Communication from John Tillman received August 05,2021.
Communication from Viviana Ruiz-Moreno received August 05,2021.
Communication from Monica Banuelos received August 05,2021.
Supplement #1 to Subdivisioii Report
Subdivision Application No.S-2021-7 ^ellow Hale,I.t.C,
OS 10.2021 Page 2
Communication
Communication
Communication
2021.
Communication
Communication
Communication
Communication
Communication
Communication
Communication
Communication
Communication
Communication
Communication
Communication
Communication
from Flora W.received August 05,2021.
from Claudia L.Hart received August 05,2021.
trom snuffleupaguslikesspaghetti@gmail.com received August 05.
from Betty Winholtz received August 05,2021.
from Lasita Shalev received August 05,2021.
from Mark Shaffer received August 05,2021.
from Noelani Moku received August 05,2021.
from Shannon Stone received August 05,2021.
from Hannah Wemer received August 05,2021.
from Dawn F.Kawahara received August 05,2021.
from Steven Ramar received August 05,2021.
from Sylvia Partridge received August 05,2021.
from Joan McCauley received August 05,2021.
from Mai-Britt Ohlsen received August 05,2021.
from Elizabeth Okinaka received August 03,2021.
from Alex Stoddards received August 03,2021.
A-S^-
leth A.Estes
>taff Planner
Siipplement ^1 to Subdivision Report
SubdivisionApplicationNo.S-2021-7 Ydlow Hale,LLC.
08.10.2021 Page 3
To the Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item l-1c,Subdivision application:S-2021-7
Aloha,
My name is Kaniela Matsushima and I'm vvriting in this testimony to you to OPPOSE any and
all developments in Koloa/Po ipu.We can clearly see all the desecration that has been done on
the south side ofKaua'i to Native Hawaiian Burials and sacred sites throughout Koloa and
Po'ipii for decades.Even after being told there were burials in the area,they dug anyway.Then
after desecrating them,they call it "inadvertent find".The definition ofinadvertent is to mark by
or resulting from carelessness;negligent.From the construction ofthe Grand Hyatt Hotel years
ago to the recent Koloa Landing Resort -these are prime examples ofthe public (including
Native Hawaiians)bringing forward knowledge and testimony for known burials/cemeteries,
heiau,and other sacred sites PRIOR to permits being approved.But the Kaua'i Planning
Commission approved the projects anyway.
Kukui'ula development has many ali'i (chief)buried in the area along with hundreds ofvillagers.
One ali'i was found wrapped in kapa and placed in a wa a (canoe).Another ali'i burial in
Kukui'ula is at risk ofhaving a sewage waste system dropped into her tomb.I'm frustrated and
saddened that this development is still going on to this day.
I STRONGLY OPPOSE any and all future development in the Koloa cave systems areas.
I OPPOSE the proposed projects:Poipu Beach Estates,Royal Palms at Poipu,Pili Mai,Kiahuna
Poipu GolfResort,and Wainani at Poipu.Kiahuna alone is planned to have 280 multi family
homes.If this development gets built and is filled to capacity,this would add anywhere from
280-560 more cars to our two lane roads ivhich are already overwhelmed which traffic.This
would also put an even greater strain on our fragile ecosystem and natural resources.
We notified the Kaua'i Burial Council ofthe burials ofour ancestors in these areas as vvell as
culturally significant sites,but they have then claimed there are no burials or sacred sites.There's
also a major threat to our endangered native cave spider (Adelocosa Anops)and amphipod
(Spelaeorchestia Koloana).The US Fish and Wildlife Service listed this area as a critical
habitat"for them,yet last week there was a video ofsomeone spraying pesticide/poison all
throughout the area,There is clear negligence and lack of enforcement to protect these
significant sites.PIease do not add to the problems we are already trying to correct.
It's time the County ofKaua'i,Kaua'i Planning Commission,Department ofLand and Natural
Resources,and Kaua'i Burial Council actually listen to us when we say "no more construction in
Koloa and Po'ipu,no more desecration to our ancestors,no more polluting and/or destroying our
cave systems (which are the nostrils ofour island),and no more poisoning our endangered native
species.
AS A KANAKA 'OIWI,NATIVE HAWAIIAN,STEWARD OF THIS 'AINA,ISTRONGLY
OPPOSE ANY AND ALL FURTtIER DEVELOPMENT IN THE AREA.
Mahalo,
'T<^~<.^^^S^"S-
Kaniela Matsushima
Kristen Romuar-Cabico
From:
Sent:
To:
Subj'ect:
Kayla Matsushima <elysse2009@hotmail.com>
Monday,August 9,2021 9:11 AM
Planning Department
Testimony ForAgenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kaual.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
To the Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I STRONGLY OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled t'or hearing by the Subdivision Committee of
the Kauai County Planning Commission at 8:30 am,8/10/2021.
This parcel,called TMK (4)2-8-014:032,is the homeofendangered species,notably the native blind cave spider.There is a reason they are aknown
and protected species here.This spider is found nowhere else in the world and has great significance in the Hawaiian Culture.The Department of the
Interior has clearly documented areas of this TMK as protected habitat for these endangered species.It also holds cutturally significant sites,historic
practices,and is a known and recognized Native Hawaiian burial site.
The US Fish and Wildlife Service has noted this parcel,called TMK (4)2-8-014:032,to contain 'Critical Habitat'for at least 2 Endangered species -
the Endangered Kauai Cave WolfSpider (Ade[ocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana),They have
noted this as the last remaining ecosystem on the planet.These creatures exist only in Koloa -within the lava tubes and the areas connected to the
adjacent property (TMK (4)2-814:32)through underground ecosystems.
Agenda Item I-1 c,Subdivision application:S-2021 -7 on the Planning Commission lists the proposed activity as the building of 280 condominiums.
The creation of this project would be in direct conflict of the protection of the species I Eisted above as wel!as the cultural significance and Native
Hawaiian Burials.
The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment requirements.In 1997 the LUC
added conditions 10-22.No action should be taken on TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing
traditional and cultural practices and the Endangered Species Act.
It is forthese reasons that I STRONGLY OPPOSE any activity on this property including,but not limited to,drilling,grubbing,grading,the
administration of pesticides or poisons,and any other activity that would lead to the decimation of this ecosystena and the listed Endangered Species.
Mahalo,
Kayla Matsushima
808-346-8311
To the Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
1 STRONGLY OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled
for hearing by the Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am,
8/10/2021.
This parcel,called TMK (4)2-8-014:032,is the home ofendangered species,notably the native blind
cave spider.There is a reason they are a known and protected species here.This spider is found nowhere
else in the world and has great significance in the Hawaiian Culture.The Department ofthe Interior has
clearly documented areas ofthis TMK as protected habitat for these endangered species.It also holds
culturally significant sites,historic practices,and is a known and recognized Native Hawaiian burial site.
The US Fish and Wildlife Service has noted this parcel,called TMK (4)2-8-014:032,to contain 'Critical
Habitat'for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)
and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).They have noted this as the last
remaining ecosystem on the planet.These creatures exist only in Koloa -within the lava tubes and the
areas connected to the adjacent property (TMK (4)2-814:32)through underground ecosystems.
Agenda Item l-1c,Subdivision application:S-2021-7 on the Planning Commission lists the proposed
activity as the building of 280 condominiums.The creation ofthis project would be in direct conflict of
the protection ofthe species I listed above as well as the cultural significance and Native Hawaiian
Burials.
The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary
Amendment requirements.In 1997 the LUC added conditions 10-22.No action should be taken on
TMK (4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional
and cultural practices and the Endangered Species Act.
It is for these reasons that I STRONGLY OPPOSE any activity on this property including,but not
limited to,drilling,grubbing,grading,the administration ofpesticides or poisons,and any other activity
that would lead to the decimation ofthis ecosystem and the listed Endangered Species.
Mahalo,
Kayla Matsushima
808-346-8311
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Jo Amsterdann <joamsterdam@hotmail.com>
Monday,August9,2021 11:16 AM
Planning Department
Gary Hooser
AGENDAITEMS-2021-7
CAUTION:This emall originated from outside the County of Kauai.Do not click links or open attachments even Jf the sender is known
to you unless It is something you were expecting.
Aloha Planning Department,
1 oppose the consolidation and planned Subdivision ofTMK (4)2-8-014:032.This area is home to the cave
spider which is in danger of becoming extinct.There are many culturally significant places with in this area
including heiau and many Iwi Kupuna.We don't need more expensive homes for people who don't live here
yet.A conflict of interest also seems to be a part of this whole plan.5 million to the county as a
"gift"?Listed as Critical Habitat for other than humans...let's not put human in there.
Thank you for your consideration.Let's be Pono together.sincerely Jo Amsterdam.
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Elizabeth Okinaka <elizabeth.eolakakouhawaii@gmail.com>
Monday,August 9,2021 1:02 PM
Planning Department
Alan.S.Downer@hawaii.gov;Bill DeCosta;Felicia Cowden;Kmarkell@oha.org;
Susan.A.Lebo@hawaii.gov;Tinger,John;aaron_nadig@fws.gov,·
david.buckley@hawaii.gov;kipukai.kualii@gmail.com;Mason Chock
Oppose Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Please accept the following comment submitted on behalf of E Ola Kakou Hawaii,a 501(c)(3)Non
profit committed to the preservation and ensuring access to historical,cultural sites and burials.
We file this comment in strong opposition to take any action by the County pertaining to TMK 2-8-
014:032 and TMK 2-8-014:041.
These undeveloped parcelsthatserve as a natural drainage basin forthe Kiahuna GolfVillage,are
home to the endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the endangered Kauai Cave
Amphipod (Spelaeorchestia Koloana).Portions of these parcels are designated habitat for several
endangered species and include Hawaiian burials sites and caverns and other culturally significant
archeological features.There are 3 Burials Mounds in total on this property.They are accessed by the
cave entrances directly surrounding the property.
1 spoke to Missy Kamai of Cultural Surveys Hawaii on site.She explained that the lot needed to be
cleared by hand,then a full team would conduct a survey.This never happened,the county has failed
to follow proper protocol.There are pending complaints filed with SHPD,DLNR and COK for this
property.Burial Registry and Lineal Descent forms have been filed with SHPD since Feb 2021.
This property has been illegally bulldozer,grated,drilled and poison sprayed heavily since Dec
2020.
All of these in direct Violations of the Endangered Species Act &Related Project conditions
The Koloa Cave Ecosystem is considered to be one of the 10 most critically endangered cave
ecosystems in the world.It is also part of the Historic koloa field sytstem,and only feet away from
Historic Hapa trail.
The drilling that occurred in April also another direct violation,no Cultural Monitors were present,nor
any Geo Fencing or protections cultural sensitive areas.
There are multiple lineal descendants coming forward with knowledge of burials in this land!
httos://dlnr.hawaii.eov/WD-content/UDloads/2016/12/D-22.pdf
1
In 2016 the county agreed:
"County shall,in the future,consider the Koloa Field System to be a significant historic property,
which consisted of a set of interrelated features hannoniously interacting to form a unified whole"
"The County admits that when it granted subdivision for the EAK Trust's
VAP Subdivision it failed to:(a)adequately protect significant historic properties on.the
EAK Trust Lots;(b)comply with the historic preservation review process;and (c)adequately
protect traditional and customary practices"
In Docket A76-418 Moana Corporation LUC states that:tmk (4)2-8-1-4:32"must comply with the
same conditions per the Eric A Knudsen Trust"
In the following links,you will find ample authority and mandates for the fact that no development
can occur absent total compliance with conditions and findings set forth in the Uecision dnd Order of
the State Land Use Comini^siuii,a pertinent portion of which states,
"The presence ofextensive archeological remains on and in the area ofthe subject property is
generally known.Petitioner,therefore,commissioned the Bernice P.Bishop Museum to conduct an
archeological survey ofthe area which was filed in the proceeding as a Petitioner's Exhibit "X"and is
entitled Archeological Reconnaissance Survey of Knudsen Trust Land At Koloa,Poipu,Kauai.That
survey reveals and the Commission therefore finds as follows:
(a)A substantial number of archeological sites exist on approximately 200 acres within the
southern and eastern portions ofthe subject property;
(b)These sites fall within the categories of platforms or varied forms,enclosures,modified
actual features such as outcrops and sinkholes;large wall-structures;agricultural complexes with
varied mounds,terraces and plots;lava tubes;simple stone structures with no definite functions;
irrigated pondfields (lo i)and irrigation ditches (auwai);foot trails and historic sites such as houses,
tombs and ovens;
(c)"These sites appear to be the remains ofextensive agricultural complex that at one time
stretched from Koloa Town to the Coast."
Page 18-19 Moana-CorDoration Decision and Orderd
The following questions,comments,and concerns are listed below,organized by violation of law
and/or condition.
I.Violations of the Endangered Soecies Act &Related Proiect Conditions
•Why was the USFWS not contacted about the subdivision approval,which will impact the
federally protected,endangered Kauai cave amphipod and spiders that have been found on
the parcel?
•This subdivision application references construction of streets,underground utilities,
curbs,gutters,and sidewalks upon approval by the Planning Commission.
In 1977,the LUC imposed a variety of conditions,including condition #7,requiring
comprehensive archeological and biological study and preservation of archeological sites and
habitats of the Kauai cave spiders and sandhoppers.l
KMP has repeatedly attempted to assert no presence of the cave spiders and amphipods.In
2014,KMP petitioned for the deletion of multiple conditions,including Condition 7,asserting
that its prior surveys fulfilled the condition.2
The USFWS recommended denial of the petition,stating there were endangered Kauai cave
spiders and amphipods found on the parcel.3 USFWS noted there are likely spiders on other
portions of the property not found in certain surveys because they live in underground
portions not reachable by surveys.
•The USFWS "recommended that KMP applies for an incidental take permit"and develop
a habitat conservation plan.KMP failed to do.
Immediately after opposition from USFWS (and from OP about insufficient traffic impact),KMP
filed to withdraw its petition,which the LUC granted.4
Condition 7 still governs any development on the property,including anything authorized by a
subdivision approval (such as construction of roads,utilities,sewers.).KMP cannot skirt their
obligations to follow federal and state laws through a subdivision approval and piecemealing of
their project environmental review.
In KMP's recent 2018-2019 annual report,filed to the LUC in February 2020,KMP again
asserted that condition 7 had been fulfilled.Yet in this assertion,KMP failed to point to any
surveys conducted since the 2014 USFWS letter.5
KMP has already violated ESA and condition #7 via:
•Unauthorized drilling in April and May 2021.
•Placement of open rat poison around the property that could seep into the ground in
JulyandAugust2021.
•The USFWS 2014 letter noted the threat of pesticide use to these species.
•Further,this specific project's 2006 Zoning Approval required that "prior to building permit
approval,"the project must provide to the Planning Department evidence that the area is clear
of habitats for the Kauai cave amphipod or spiders.6
•Any permits issued before the subsequent USFWS 2014 letter,confirming the presence
of cave spiders after KMP's prior representations about the presence of cave spiders,
arevoid.
Violations of the Clean Water Act
•Has the County assured there will not be any impacts from construction and the project on
nearby waters and coastal resources,including Koloa Landing and Waikoma Stream,that
necessitate a NPDES permit?
•There are serious concerns of CWA violations from the placement of open-facing pest poison
on the property,which could drain into nearby coastal resources via runoff.
•Will the County need to ensure/modify a NPDES permit for the project's additional discharge
that will be added to and treated by the Poipu Water Reclamation Facility?
•Have subsequent studies been done since the 2006 zoning approval to ensure that this
project can be serviced in light of since-approved development and population increase,
as well as other planned projects in the near future?
Archaeological Resources
•This Subdivision approval itself requires all work to "immediately cease"upon discovery of
archeological or historical resources,and the applicant must contact the State Department of
Land and Natural Resources,Historical Preservation Division,and Planning Departmentto
determine mitigation measures.
•Yet the developer conducted drilling in April and May 2021 without any supervision or
the required permits.
•In its illegal drilling,the developer has violated the LUC conditions and Hawaiian law.Actual
surveysare needed.
[1]httos://luc.hawaii.gov/WD-content/uDloads/2014/03/A76-418 Moana-CorDoration DO 7-11-
1977.0df
[2]https://luc.hawaii.gov/WD-content/UDloads/2014/01/A76-418-Motion-to-Delete-Conditions-5-7-
12.pdf
[3]httDS://luc.hawaii.gov/WD-content/uploads/2014/01/A76-418-OP-Exhibit-C-D-E.pdf
[4]https://luc.hawaii.KOV/WD-content/uoloads/2014/03/A76-418-ORDER-GRANTING-RQST-TO-
WITHDRAW-MOTION.pdf
[5]httDS://luc.hawaii.gov/wD-content/uploads/2020/02/A76-418 Kiahuna-Mauka-Partners-
LL^Annual-ReporL2018-2019 2.26.2020.pdf
[6]https://www.droDbox.com/sh/i23nrRb01wval7h/AAD8rvSmZvHaU3ULT128Vllba/Z-IV-2006-
27%20Kiahuna%20PoiDu%20Golf%20Resort%20LLC%20(4)2-8-014-32?dl=0&preview=Z-IV-2006-
27 Kiahuna Poipu Golf Resort KMP-4.pdf&subfolder nav trackine=l
Formore information:
httDS://luc.hawaii.eov/WD-content/uDloads/2014/03/A76-418 Moana-CorDoration DO 7-11-
1977.0df
htto://oeac2.doh.hawaii.eov/EA EIS Archive/1976-05-DD-KA-FEIS-Kiahuna-Golf-Vi|!age.@df
httDS://luc.hawaii.gov/wD-content/UDloads/2014/01/A76-418-OP-Exhibit-C-D-E.Ddf
https://www.govinfo.gov/content/Dkg/FR-2003-04-09/Ddf/03-8180.pdf
httos://luc.hawaii.gov/WD-content/uoloads/2014/01/A76-418-OP-ResDonse-to-Motipn-4-4-14-
FINAL.pdf
httDS://luc.hawaii.Bov/WD-content/uDloads/2014/03/A76-418 Moana-Corporation Bill-of-
Particulars 5-16-1996.Ddf
Mahalo for accepting our comment in strong opposition to Agenda Item l-1c,Subdivision application:
S-2021-7 Yellow Hale LLC
E Ola Kakou Hawaii
501(c)(3)
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Starlynn Kaupu <kstarlynn@gmail.com>
Monday,August 9,2021 11:59 AM
Planning Department
1 oppose the subdivision ofTMK (4)2-8-014:032
CAUTION:This email originated from outside the CountyofKauai.Do not click links oropen attachments even ifthe
sender is known to you unless it is something you were expecting.
To the Kauai Planning Commission
Re:Subdivsion application:S-2021-7
1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an
environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered
Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in
Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32)
The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums
It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of
condos or development of this important property.
This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We
are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse
actually or in terms of perception than for the County to approve any motions that would allow for an area designated
by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos.
This doesn't begin to cover the cultural issues related to Iwi Kupuna and burials,of which there are many relating to the
propierty.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species
Sent from my iPhone
Aloha members of the Planning Commission,
It is now evident that there is obvious corruption existing within the county level with the
acceptance of the 5 million dollar payout or bribe by the housing department resulting in a
letter of support on behalf of the developer to approve this subdivision request.This is
undeveloped,untouched land.There is protocol that has not been met by the developer (Gary
Pinkston/Yellow Hale)and worse than that the developer has lied to the community about the
survey being completed and on record to the KPD.There are evident steps to take when
dealing with undeveloped land where a cultural survey has been requested.The first step is an
inventory survey where someone goes in and takes note of any potentially significant areas,the
next step is a data recovery survey where a team goes in and investigates with detail and
precision each area so that the third step may be accomplished which is identifying any and
every culturally significant area to be protected and maintained in perpetuity.Steps two and
three were never accomplished due to what we can now only assume to be threats or bribery.
This area has been monitored and actions have been documented.The developer brought in
heavy destructive machinery (without monitors present)and then bulldozed the pathway during
off hours and now maintains the path by spraying poison continuously,have you all read
testimony discussing the environmental damage for federally protected species only existing in
this place [Koloa]out of any other place in the world?This is an explicit breach of protocol and
this developer should not receive any allowances as he has proved to the community to be
extremely shady in his operations when it comes to following the law and proper protocol
stated to ensure that what is truly valuable remain in existence.We need a true,authentic,
current and complete cultural survey with a teams data recovery process so we even know the
level that we are dealing with.The community wouldn't be so adamant about this if we didn't
see with our own eyes the significance of this place.If the subdivision gets approved the EIS
demands change and the planning department will be added to the lawsuit.If the developer
wasn't trying to hide something he wouldn't be going down this path.We'll sue the county for
negligence regarding protocol to ensure cultural and environmental protection and consider the
five million dollars received by the housing department as a bribe to avoid proper evaluation.
The entire community opposes this development and anyone coming forward in support is on
the developers payroll.Please do what is right on behalf of the community and do not approve
this subdivision,strongly oppose subdivision permit N0.S-2021-7,TMK:(4)2-8-014:032.
1 appreciate the ability to submit testimony on this extremely important decision you have to
make and for all of your time spent reading testimony on this issue.
MaHaLo,
Ana Mo Des
Kalaheo/Koloa
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Lucky Kanahele <247pono@gnnail.com>
Monday,August 9,2021 8:46 AM
Planning Department
Kauanoe O Koloa Kiahuna Project.
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Kauai Planning Commission
Re:Subdivsion application:S-2021-7
1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an
environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered
Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in
Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32)
The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums
It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of
condos ordevelopment ofthis important property.
This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We
are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse
actuallyor in terms of perception than forthe Countyto approve anymotionsthatwould allowforan area designated
by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos.
This doesn t begin to coverthe cultural issues related to Iwi Kupuna and burials,ofwhich there are many relating to the
property.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species
Sent from my iPhone
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Meredith Cross <malibumer.nunn@gmail.com>
Monday,August 9,2021 2:55 PM
Planning Department
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for
hearing by the Subdivision Committee of the Kauai County Plannmg Commission at 8:30 am,
8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,mcluding the blind cave spider,found
nowhere else in the world.Portions of the TMK have been designated by the Department of the
Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site
and replete with traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last
remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave
Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and
adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280
condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbmg,grading,the
administration of poison and other activities that would lead to the decimation of this ecosystem
and listed Endangered Species.See also Land Use Commission requirements that have yet to be
satisfied:
https://luc.hawaii.Kt)V/wp-conlent/uploads/2()14/()l/A76-418-OP-Response-to-Motiun-4-4-14-
FDsfALjxif
https://luc.hawaii.gov/wp-c()ntent/uploads/2()14/03/A76-418 Moana-Corporation_DO 7-11-
1977.pdf
https://luc.hawaii.gov/wp-content/uploads/2()14/()3/A76-418 Moana-Corporation Bill-of-
Pcirticulars ,5 -16-1996.pdf
The Land Use Commission Docket contains multiple applications to modify the 1977 District
Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see Imks that
1
follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have
been met,particularly those addressing traditional and cultural practices and the Endangered
Species Act.
Mahalo,
Meredith Cross
Kapaa
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Dennis Mendonca <dennism08@gmail.com>
Sunday,August 8,2021 7:44 PM
Planning Department
Subdivision Application S02021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Plarming Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for
hearing by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,
8/10/2021.
There are a lot of reasons to oppose this deal in its current form.What most speaks to me is the waiving of the 20%of
workforce housingfora mere 5 million dollars.The developerwill likelygrosswell over 141 million dollars.Halfofthat
income would be 71 million.20%of tht would be 14 million dollars.1 know these are very rough figures but it doesn't
take rocket science to see that 5 million is grossly inadequate.
This deal makes no sense for the county as whole.It ignores the dire circumstances of affordable housing on Kauai.
Kauai is becoming a place where only the rich can live and this deal will further perpetuate that injustice.Please reject
this deal in its current form.
Thank You for listening to my concerns.
Dennis Mendonca 808-652-2505
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Eileen Kechloian <backonisland@gmail.com>
Sunday,August 8,2021 7:39 PM
Planning Department
Alexis.M.caramonte@hawaii.gov;David.Buckley@hawaii.gov,·Pifwoadmin@fws.gov;
She!eigh.Solis@hawaii,gov;alan.s.Downer@hawaii.gov,·cab@doh.hawaii;
dlnr.cwrm@hawaii.gov;hdoa.pested@hawaii.gov;hhammatt@culturalsun/eys.com;
naPuamakanihcp@fws.gov
Agenda Item l-1c,Subdivision application :S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Re:Agenda Item I-lc,Subdivision application:S-2021-7
Aloha Subdivision Committee and Members of the Kauai County Plannin|
Commission,
I write in opposition to any action by the County pertaining to TMK 2-8-014:032
and TMK 2-8-014:041,undeveloped parcels."No Action"should be taken.
The applicant is in violation ofyour own (Kaua'i County)zoning conditions set out
by the Kauai County Council and Mayor.This is reason enough to take "no action"
on this significant step in the development of these properties.The applicant i.s
also,in violation of State of Hawaii Land Use Commission zoning conditions.The
applicant has proceeded with work without proper permits in violation of County,
State and Federal laws (applicant does not have Federal Take permit).
Violations of Kaua'i County Council conditions:
Comment based on exhibit E entitled Ordinance number PM-31-79.Bill No.585.An ordinance amendin;
ordinance No.164 comprehensive zoning ordinance of the county of Kauai (Moana
Corporation)htto://luc.hawaii.Bov/WD-content/uploads/2014/01/A76-418-OP-Exhibit-C-D-E.pdf
Applicant violated the above named Ordinance set out by Kauai County Council as follows:
"5.)The applicant shall preserve:
a.)five archaeological sites identified in the archaeological and biological report and cause no construction or alteration
or other land disturbances on said sites except for preservation and restoration of the sites.
b.)the two lava tube's containing the habitat of the islands big eyed hunting spider and protect these from man-made
encroachments.Permission to re-survey three other caves that are potential habitats,shall be granted for scientific
purposes,before these caves are destroyed.
6.)No site identified in the report,"Archaeological and Biological surveyofthe proposed Kiahuna GolfCourse Village
Area,Koloa,Kona,Kauai Island,Hawaii"shall be graded,grubbed,bulldozed,or in any way destroyed unless in
accordance with a plan,mutually agreed-upon by the applicant and the Archeologist that has been prepared where by
the archaeological salvage will be accomplished by a means of coordinating any grading,grubbing or similar work by the
applicant with the archaeological salvage."
The Applicant is a bad actor as shown in this photo of a rock crusher being used on their culturally sensitive site.A rock
crusher requires a permit from The State of Hawaii Dept of Health Clean Air branch.The applicant is required to send in
a report every time the rock crusher is moved and a record of BTU's used is required.The second white object in the
picture is a navigation buoy that is repurposed to hold between 300 and 500 gallons of fuel.This requires what is known
as "purple fuel"as dirty fuel is not permitted.As is evident in this photo that is taken from Kaua'i County TMK records
from 10/25/2020,less than a year ago,the rock crusher is hidden from site by tall bushes.Bad actors hide activities that
they do not have permits to do.Here the applicant has violated the Kauai County Council's condition for the zoning
change,violated the State of Hawaii Clean Air permitting and the Federal clean Air Act.
4:46 PM SatAug7
B qpublic.schneidercorp.com
SLayers Map Search Results R.epori:Sates Search SatesList Sales Rcs.ults Home More
(3 iSi ft>Z<4"-^
Pictometry
httos://aoublic.schneidercorD.com/ADolication.aspx?ApolD=986&LaverlD=20101&PaeeTvDelD=4&PagelD=10365&K
evValue=280140320000 Link to photo online.
Further prior to your approval the following conditions must be met from the same Zoning Ordinance Amendment:
4.That the applicant dedicate to the county of Kauai approximately 20 acres of land makai of Poipu Beach road and
abutting Poipu beach park for expansion of the park.With respect to this condition,the dedication shall occur as soon
as the applicant may reasonably obtain a subdivision of said property but shall not be required to make the dedication in
4
less than two years from the date of zoning approval but not more than five years from the date here of.The applicant
shall further sign an agreement with the county of Kauai to this effect;such agreement shall give the county the right to
occupy and improve the property if necessary.
8.The applicant shall provide a minimum 6 feet wide public pedestrian access from the commercial area to the beach
site.Public restrooms and showers shall also be provided and maintained by the applicant in the vicinity of the existing
beach right away.The applicant shall further provide alternative parking plans for additional parking stalls for beach
goers in the vicinity of the Hoone street cul-de-sac.
11.The drainage diversion channels shall be reviewed and approved by the public works department,and settling
basins shall be provided if required.
12.The grading ofthe subject development shall comply with grading ordinance No.262.The maximum area of land
that may be open for grading or grubbing is 20 acres.Additional area shall not be open for grading or grubbing until
measures to prevent dust or erosion problems in the area already graded and grub have been satisfactorily complete.
13.The applicant shall be required to tie in its efforts in providing sewage facilities for the project with the county
planning for sewage facilities,and Shall work with the department of health and department of public works towards
the development of regional sewage treatment plant.
14.If applicant is to use water provided by the department of water applicant shall be required to contribute to the
department of water it's pro rata share of the cost to provide domestic water to the subject parcel.
17.A landscape buffer zone shall be provided along Poipu Road.Open vistas from Poipu Road to the golf courses shall
be,however,provided to create a feeling of openness along Poipu Road.
18.The applicant shall meet with the planning department and public works department relative to the future
improvements to Hapa Road,and its relationship to the traffic circulation.
19.Prior to the approval of any subdivision or zoning permit,the applicant shall provide the following:
a.)qualifying criteria for employee housing and preferential rates or purchase prices for employees;
b.)Alternative plans for additional parking areas for beach goers located in the vicinity of Hoonani Road
cul-de-sac;
c.)Amphitheater design criteria,use restrictions in alternative site if relocation is necessary.
21.Prior to and during any development or construction all applicable state and county laws,codes,ordinances,rules
and regulations be complied with."
Before the Planning Commission,Subdivision Committee takes any actions the Applicant must provide you with proof of
compliance and or completion of these conditions and others required by the Kaua'i County Council.
This Applicant is a bad actor and should be treated as such.Here are other examples ofthe applicant's blatant disregard
for you,the State of Hawaii and the Federal Government.In a promotional video on their website it shows heavy
5
equipment (trackhoe)on their parcels.The Applicant has left a perimeter oftrees and brush so as to hide the use ofthe
trackhoe from outside the property borders.The applicant does not have a grubbing and grading permit.This is a link to
their Facebook page that shows the trackhoe working on the parcels the applicant has requested your assistance in their
next significant step towards development.The trackhoe is seen at 10 seconds through 14 seconds into the 45 second
video.This video also shows a road put in with a heavy equipment.The road shows it has been freshly put in as there is
limited to no vegetation on it nor any erosion control precautions taken to prevent runoff or soil movement into the
endangered blind spider
habitat.httDS://www.facebook.com/KauanoeKauai/videos/114889483894786/?hc ref=ARRPKFYHLNOnkz3uwBDWpcJ
oZGVSfEixGC3L-MkuoQOJmAaZvAQRVsa511GOw3bDhQY&tn =kC-R
3:06 PM SunAugS
IsUnltySoft'0SiteMap|Kai X 0 Facebook X @ h<tps://luc.ha X @ luc.hawaii.go X
^->e a facebook.com
Up Next
feftmSS^
Kauanoe o Koloa 1 Comment 1 Share
T!9 Views -about 6 months ago •Poipy •0
Located in beautiful Po'ipu on Kauai's highly desirable south shore,you'll find this
brand-nsw condominium home opportunity at Kauanoe o Koloa.Adjacent to the
restaurants,and resorts,Kauanoe o Koloa
and 4 bedroom condominiums from $795,
For details,visit www.KauanoeKauai.com c
(808)688-5882 today.
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There is also evidence ofground disturbance,heavy equipment,grubbing and grading on the video from the applicant's
website.
https://www.kauanoekauai.com/PaBe/Gallerv-AerialView
This bad actor (applicant)is also setting out poison at night at various locations on the site.This activity puts the
endangered Pueo owl at risk of death as well as the endangered Nene,Koloa Duck and Blind Cave Spider that are all
reported to be on these parcels and adjacent parcels by the Bishop Museum report for the Kiahuna Golf Village Area in
Koloa.This also puts at risk the community's of Wainani,Pili Mai and Poipu Golf Village dogs and cats.The applicant is
required to have a permit from the Department of Agriculture to open broadcast poison.This permit requires special
training.
£
Poison set in multiple sites.
As a government agency,the Planning Department is required by the State of Hawaii law to request from any and all
agencies that may be affected by their decision,information as to whether or not your approval will have negative
consequences on their agency's ability to perform their function.If such requests are not made then your agency shall
bear the full weight of said ramifications.From which agencies have you requested feedback?State Historic
Preservation Division ?USFWS?
In a letter dated March 24,2014 USFWS speaks out on protection of endangered species on this property and adjacent
properties.Here is the link to the full letter and other exhibits.
http://luc.hawaii.eov/WD-content/UDloads/2014/01/A76-418-OP-Exhibit-C-D-E.pdf
9
Unitecl States Deparlment ofthe Interioi
FISH ANI)VVIIJ)!.!!'-!';SliKVlCE
Kaciric l.sliinds Fish ;inci VVildtite OtTicc
300 AI;i MO.KUI Biiulcvard.Rwim 3-122
llonoltltu.1-lawai'i t)()S50
lll Ruply Ret'er 'l'o:
2014-TA-0142
Mr.Jcssu K.Soiiki
Oft'ice ut'Plannin.u
Slalc ul'IIiiwai'i
235 Souih Beretania Street
Honoliilu.Hawai'i 96786
10
w
Subjeci:Tcchnical Assistancc I'tir Mulion tt>Aiiicncl Conilitioiis Nos.5 ;inc
Dccision and Orctcr.TMK 2-8-12:05.07.()<S.I'OR.19,20.21.2C
2-8-29:l-y4,Poipu,K;>u;i'i
Dear Mr.Souki:
Thc U.S.Fish and Wildlifc Scrvicc (Scrvicu)rccuived yoiir lettcr datucl Jnnuary ^
regarding ihc etTccts ot'a Motion to Amciid hy Mo.in.'i Coiporaiioii (Ki;il)iiii<i Mu
LLC (KMP))wtiich propusus to dclclc contlilions nuniburs 5 ;iiid 7 lliroiitili 22 ol
Orders dated July 7,1977 .ind Aiigust 5.1997.Tlic dclction.s iirc |iropo.scd by KI
of tidministralivu dliciuiicy lli.il llic s;ii(.l conclilion.s havc been met t'lilly or sub.sl;
are no longcr applicable,or can and will bc cnlbrcud by tliu Coiinty ol'K;ui;i'i ;IIK
ruqiiircd to bu enl'orecd by (IK'Land Usc Cuniniission.
Wc reviewed the Molion to Aiiiciid piirsiiaiil to ilic EiHl;ingcrcti Spccics Act ol'I1
iimuntlud (16 U.S.C.1531 c/.vn/.).Thc int'ormaiion yoii provided niid pcrtineni i
oiir t'ilcs.iiidiciitc thc ciuliingurcil Kiiiia'i c;ivu wulf'spider (Adrtocosa ciiiop.'i),inc
Kaua'i cave amphipod {SiH'lcu'orrlH'.'itui knfiiaiia)aru in tlie vicinily ot'TMK 2-S-
I'OR.19.20.21.26-36;2-8-15:77:2-8-29:1-94.Crilical liabit.it hiis been leder,
t'ur tliesc species 011 appfuxiiiiatcly d-aercs ot"l;)i)cl surruiiiK.lii)!.:;iiid incliidinL;tliu
C;ivc on April 9.2003 (68 FK I7430-1 7470).Atljuccnt propci-lius h;ivu ;ils<i hcn
critical li;ibit;it for tliese cave specius.Fur thu conscrvalioii ;IIK||->i(ituclit)ii ol tlic
Kaua'i cavc vvollsi)i(ler iind l<au;i'i c;ivc ;iiiipliipud wc ;irc provitliiiu tlic l't>lli)wii
recoinmcndations to assist you in ihe preparation ol'the State's response (u tlie L;
Commi.ssion's licnring on thc Molion.Thc Servicu's posilioi)lias nt)l t.'hangutl In
corrcspondence with KMP 011 Ot.-ldhur 26.200fi,reitcruiin^lliiit Itiy ;ihsei)cc ol'th
amphipods fron'i llic accessiblu Ki;ilu]ii;i Miikni Cavc ddcs iiol intlic.ilc llinl ll'iey t
witliiti tlic incsociivunis ol ihe siiri otindiii.si arc;is.Thurctoru.wc ;irc iiiiahlc lo coi
KMP's ruqucsl lo dclctc CoiHlition No.7 ol'Dccisioii ;iiid Oi-tlyrs tl.itftl .luly 7.I'J
11
I respectfully request that you take a "no action"stance until the above conditions and others set out by Kauai County
Council,Land Use Commission and the Federal Government are met.
Eileen Kechloian
Kauai resident
12
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
harmony Ross <harmonyross(a)|ive.com>
Sunday,August 8,2021 2:09 PM
Planning Department
Re:the despicable plot to build those 282 Condos
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
(there is actually a pun in the subject line..ha!)
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
1 OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for
hearing by the Subdivision Committee of the Kauai County Plannmg Commission at 8:30 am,
8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found
nowhere else in the world.Portions of the TMK have been designated by the Department of the
Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site
and replete with traditional and culhirally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last
remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave
Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only in Koloa -the lava tubes and areas mnnmg under and
adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Corrunission lists the proposed activity -the building of 280
condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbmg,grading,the
admmistration of poison and other activities that would lead to the decimation of this ecosystem
and listed Endangered Species.See also Land Use Commission requirements that have yet to be
satisfied:
https://luc.hawaii.gov/wp-content/uploads/2014/01/A76-418-OP-Response-to-Motion-4-4-14-
FINAL.pdf
https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418_Moana-Corporation DO 7-11-
1977.pdf
13
https://luc.hawaii.gov/wp-content/uploads/2014/()3/A76-4l8 Moana-Corporation _Bill-of-
Particulars_5-16-1996.pdf
The Land Use Commission Docket contains multiple applications to modify the 1977 District
Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see luiks that
follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have
been met,particularly those addressing traditional and cultural practices and the Endangered
Species Act.
Thank you for opposmg this plan,not only for tfie people you give your word and your honor to
represent,but your children and their children and their children,on in to infmity!!!
(Also,so you can sleep at night')
Mahalo,
Linda Kay Ross,808.631.6833
14
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
D.Encarnacion Slaughter <opihi54@yahoo.com>
Sunday,August 8,2021 1:30 PM
Planning Department
Bridget Hammerquist
Re:Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
To the Subdivision Coinmittee ofThe Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
This email constitutes a public comment on the Consolidation and planned Subdivision ofTMK (4)2-8-
014:032 scheduled for hearing by the Subdivision Committee ofthe Kauai County PIanning Commission at
8:30 am,8/10/2021.
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032,on the grounds that proper
procedure and legal protocol have not been followed,endangering the cultural resources known to be present
within project boundaries.Land Use Commission (LUC)conditions regarding cultural resources on this
specific parcel were issued in 1976,and to date have not been carried through to completion.As you know,
these conditions run with the land,and do not dissolve regardless of change of ownership.No changes should
be allowed,including subdivisions of the parcel or earth-moving activities such as vegetation clearing,
grubbing,grading,or excavations,until LUC conditions have been met.Specifically,among others Condition
No.7 providing for the recordation,management,and protection of archaeological sites is incomplete.
TMK (4)2-8-014:032 was surveyed for archaeological remains and other potential cultural resources in
1976.As that study is now over 45 years old,it is well out of date for statutory compliance purposes.Beyond
the age of the study,the archaeological research done did not include standard procedures such as historical
research and consultation with the Office of Hawaiian Affairs,despite the fact that TMK (4)2-8-014:032 is a
recognized Hawaiian burial site with numerous traditional and culturally sensitive areas.
The 1976 study ofTMK (4)2-8-014:032 did not record any of the numerous cultural sites observed during the
archaeological survey.According to the EIS submitted by Moana Corporation in 1976,the survey "did not
include the detailed recording of archaeological sites,their locations,or research into their origins and uses,"
noting that the survey found "a substantial number ofrelatively undisturbed archaeological sites within the
southem and eastem portions of the project area."These sites,according to the EIS,represent the remains of"an extensive agricultural complex that at one time stretched from the present Koloa town to the coast,"
undoubtedly associated with the Koloa Field System.The Koloa Field System includes parallel and branching
irrigation ditches and aqueducts,terraced lo'i,dryland fields,irrigated mound fields,and subdivision of lo'i and
kula plots.Archaeological remains of the Koloa Field System must be documented and afforded protection
prior to any changes being made regarding TMK (4)2-8-014:032.
15
The scope of a complete and updated Archaeological Inventory Survey report should include at a minimum a
complete ground survey of the entire project area for the purpose of site inventory,as well as research on
historic and archaeological background,including search ofhistoric maps,written records,and Land
Commission Award documents.No County action should be taken on TMK (4)2-8-014:032 until the LUC
conditions have been met,particularly those addressing traditional and cultural practices.
Mahalo,
-Deirdre Encamacion,M.A.
(619)892-5265
16
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Karla Saperstein <teacherpet9@gmail.com>
Sunday,August 8,2021 1 2:00 PM
Planning Department
Kiahuna Plantation Drive:Pinkston Project.
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
To the Kauai Planning Commission
Re:Subdivsion application:S-2021-7
1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an
environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered
Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in
Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32)
The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums
It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of
condos or development ofthis important property.
This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We
are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse
actually or in terms of perception than for the County to approve any motions that would allow for an area designated
by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos.
This doesn't begin to coverthe cultural issues related to Iwi Kupuna and burials,ofwhich there are many relating to the
property.
In sum -1 OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
Poipu DOESNT need hundreds more unaffordable condos that will only further clog our street,stores,water issues,
pollution,TRAFFIC ISSUES.And N0 another roundabout isn't traffic management.Do you guys even live here?What
about our future generations.No connection to the aina.1 have taught preschool here on Kauai for the last 10 years.
What will our children inherit except a third world economy right here on beautiful Kaua'i.
Respectfully submitted,
Karla Saperstein
Omao,Hl
Sentfrom my iPhone
17
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Roslyn Cummings <mana.eolakakouhawaii@gmail.com>
Sunday,August 8,2021 12:22 AM
Planning Department
RE:(4)2-6-017:045),(4)2-8-014:032/AGAINST/No.S-2021-7,(4)2-6-017:55
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless It is something you were expecting.
NOTICE TO AGENT,NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL,NOTICE TO AGENT
1 Roslyn Nicole Manawaiakea Malama (Cummings)known by my ancestors,our ancestors as Manawaiakea a Wahine
Maoli,Kanaka Oiwi,Po'e Kanaka
1 am AGAINSTthese projects due tothe processofwhich it hastaken.The countyofKauai has no rightto approve plans.
Under USC 28 Section 91 states the
"Hawaii constitutes one judicial district which includes the Midway Islands,Wake Island,Johnston Island,Sand
Island,Kingman Reef,Palmyra Island,Baker Island,Howland Island,Jarvis Island,Canton Island,and
Enderbury Island:Provided,That the inclusion of Canton and Enderbury Islands in such judicial district shall in
no way be construed to be prejudicial to the claims of the United Kingdom to said Islands in accordance with
the agreement of April 6,1939,between the Governments of the United States and of the United Kingdom to
set up a regime for their use in common.
Court shall be held at Honolulu.
(June 25,1948,ch.646,62 Stat.877;May 24,1949,ch.139,§64a,63 Stat.99;Pub.L.86-3,§14(i),Mar.
18,1959,73 Stat.11;Pub.L.86-624,§19,July 12,1960,74 Stat.416.)"
Another valid point is the habitat,where our native "protected species"are.Right across a street to where
Palikua's lot is;hlapa trail.
Not only is the planning department responsible for the damages to our cultural heritage;international laws.
Due to approving plans without authority by truth owner.All it takes a simple search through title and you'll find
that the Knudsens never held clear title to transfer any sales of lands.
1 kept hearing about EIS being done.Never saw a recent report.Then,they as in developer's affiliate agree
that our cultural heritage (Heiau,Butials,and Sites)should stay intact and preserved yet,the County of Kauai
planning lied about permits.
In April of 2021 Geolabs was drilling into "known"burial sites.After,l shared the location.They still went ahead
and drilled right into the burials.Why?They cook it's because Gary Pinkston pushed for them to do their work
18
quickly.A machine went in on the weekend and claimed "shredding".The machine did grubbing and grading
per visit with DLNR Enforcement and David Buckley of Sh-IPD who later changed their story.
A cease and desist was served to Geolabs,Gary Pinkston,Earyhworks,and Kauai Police Department.
Spoke with the State of Hawaii Land commission Use and they did a walk through back in 2015.The request
to change the zoning was receded.No request was ever submitted in the area since the 70's.In the 2015
meeting with the State and Community including the mayor of Kauai at the time was in regards to the
development plans in the area one of which is thus said property.
With no drainage plan,no water usage plan,no evacuation plan.This is just more grounds for a COMPLETE
dismissal of permitting.
Here's a brief summary from the Kauai County Planning Department page
The Planning Department advises the Mayor,Planning Commission,and the County Council on planning and
land use matters for the County of Kauai,The Department is also responsible for the administration and
enforcement of the Zoning and Subdivision Ordinances,as well as the County's planning program,which
includes long-range and regulatory policy documents like the General Plan and Comprehensive Zoning
Ordinances.
There is documentation that the Kauai County Housing Department has been getting paid our millions of
dollars for permitting.Land use.
This entire project needs to go!
As a lineal descendant to the burials in these two areas.1 am here to say-NO!No more unlawful transactions.
These lands belong to its heirs.
In protection of the water,sacred sites,and burials.All of which is vital to our health as "Native Hawaiians"
Kanaka Maoli,Po'e kanaka.These types of project causes emotional damage.It's part of the confined
genocide of our people before the arrival of Captain cook.
As for Kukuiula.From my understating their is a stewardship agreement.Which to me it's great.Except when
people don't know the proper procedures,protocol.
With an affidavit in hand!1 will do my best to protect the birthing site of Kamawaelualani the heiau that all souls
when exiting comes through that property and the hundreds of iwi kupuna whose uhane is not at rest.
19
1 pray all can see is the vision of the ahupuaa system.
We are now in the time if I'O;knowing what is right by doing what is right.
Aloha,Manawaiakea
20
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
box 3133 <:box3133@outlook.com>
Saturday,August 7,2021 11:49 PM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless It is something you were expecting.
Aloha,
Tothe Subdivision CommitteeofThe Kauai PlanningCommission
Re:Agenda Item l-1c,Subdivision application:S-2021-7
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision
Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the
world.Portions oftheTMK have been designated bythe Departmentofthe Interioras protected habitatforthe
endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive
historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the
Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and
areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Specles.
This proposed development will also worsen the critical housing problem as it will create no affordable housing for the
local community!
Mahalo,
James Erwin ZikeJr
702-560-0060
21
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
sumerlei@aol.com
Saturday,August 7,2021 7:13 PM
Planning Department
TMK (4)2-8-014:032
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item l-1c,Subdivision application:S-2021-7
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032
scheduled for hearing by the Subdivision Committee of the Kauai County Planning
Commission at 8:30 am,8/10/2021 .
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind
cave spider,found nowhere else in the world.Portions of the TMK have been
designated by the Department of the Interior as protected habitat for the
endangered species.It is also a recognized Hawaiian burial site and replete with
traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'
and the last remaining ecosystem on the planet for at least 2 Endangered species -
the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered
Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in
Koloa -the lava tubes and areas running under and adjacent to this property (TMK
(4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the
building of 280 condominiums.
In sum -1 OPPOSE any activities on this property including:drilling,grubbing,
grading,the administration of poison and other activities that would lead to the
decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will
create no affordable housing for the local community!
Mahalo,
Summer Holwegner
22
Kristen Romuar-Cabico
From:
Sent:
To:
Subject;
Lynette Kaopuiki <lkaopuiki@yahoo.com>
Saturday,August 7,2021 2:59 PM
Planning Department
Agenda item 1-1c,subdivision application S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Tothe Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item l-1c,Subdivision application:S-2021-7
1 OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing bythe Subdivision
Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the
world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the
endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive
historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the
Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and
areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create no affordable housing for the
local community!
Mahalo,
Lynette Kaopuiki
8086498839
Sent from Yahoo Mail for iPhone
23
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
travis-thomas mokiao <travisthomasmokiao@gmail.com>
Saturday,August 7,2021 2:56 PM
Planning Department
Re:Subdivsionapplication:S-2021-7 l OPPOSE the Subdivision of TMK (4)2-8-014:032
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
planningdepartment@kauai.gov
To the Kauai Planning Commission
Re:Subdivsion application:S-2021-7
1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an
environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered
Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in
Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32)
The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums
It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of
condosordevelopmentofthis important property.
This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We
are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse
actually or in terms of perception than for the County to approve any motions that would allow for an area designated
by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos.
This doesn't begin to cover the cultural issues related to Iwi Kupuna and burials,of which there are many relating to the
property.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
Sentfrom myiPhone
24
Kristen Romuar-Cabico
From:
Sent:
To:
Subj'ect:
Thomas Whitham <kanona1@icloud.com>
Saturday,August 7,2021 8:46 AM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision
Committee ofthe Kauai County PlanningCommission at8:30am,8/10/2021.
The area is home to endangered species,including the Koloa blind cave spider,and protected by the Department of the
Interior.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for at least two Endangered species-the Endangered Kauai Cave Wolf Spider and the Endangered Kauai Cave
Amphipod.
These creatures exist only in Koloa -the lava tubes and areas running under and adjacent to this property.
The agenda item on the Planning Commission lists the proposed activity of building 280 condominiums.
1 OPPOSE any activities on this property that would lead to the decimation ofthis ecosystem and listed Endangered
Species.This proposed development will also worsen the critical housing problem as it will create No affordable housing
for the local community and by accepting the 5 million dollars to avoid this is beyond wrong.
Mahalo,
ThomasWhitham
808-631-6342
Sent from my iPad
25
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Rebecca DeRoos <rebeccaderoos@gmail.com>
Saturday,August 7,2021 6:57 AM
Planning Department
Condominiums on Southside
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Please no more!Our treatment can't handle it,nor our highway system,nor honor to Hawaiian burials.And no place for
workersto live?!!!!!$5 million isa payoff.Be honorable-DON'Tgo for it!Rebecca DeRoos
Sentfrom my iPhone
26
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
NoelaniJOSSELIN <noelanijosselin808@gmail.com>
Saturday,August 7,2021 3:41 AM
Planning Department
KAUANOE O KOLOA
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
Re;Agenda Item l-1c,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision
Committee ofthe Kauai County PlanningCommission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the
world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the
endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive
historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the
Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and
areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
1 OPPOSE any and all activities on this property including:drilling,grubbing,grading,spraying of toxic substances like
pesticides,herbicides and other activities that would lead to the decimation of this ecosystem and listed Endangered
Species.
This proposed development creates N0 affordable housing for the local community!
Mahalo,Noelani Josselin
808-634-2007
Noelaniiosselin808@email.com
27
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Jan Makepa <jmakepa001@gmail.com>
Friday,August 6,2021 11:42 PM
Planning Department
Opposition Testimony
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the
Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am,8/10/2021.
TMK [4)2-8-014:032 is home to endangered species,including the blind cave spider,found nowhere else in
the world.Portions of the TMK have been designated by the Department of the Interior as protected habitat
for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and
culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining
ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider
(Adelocosa Anops)and the Endangered Kauai Cave Amphipod [Spelaeorchestia Koloana).These creatures
exist only in Koloa -the lava tubes and areas running under and adjacent to this property [TMK (4)2-814:32].
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of
poison and other activities that would lead to the decimation ofthis ecosystem and listed Endangered Species.
The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary
Amendment requirements.In 1997 the LUC added conditions 10-22,see links that follow.No County action
should be taken on TMK [4J 2-8-014:032 until the LUC conditions have been met,particularly those
addressing traditional and cultural practices and the Endangered Species Act.
Mahalo,
(signature and phone number)
28
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
AndyArteaga <andyarte20@gmail.com>
Friday,August 6,2021 4:24 PM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This emall originated from outslde the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
To the Subdivision Committee ofThe Kauai Planning Commission:
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision
Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the
world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the
endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive
historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the
Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and
areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create no affordable housing for the
local community!
Mahalo,
Roel Arteaga,andyarte20@gmail.com
29
Kristen Romuar-Cabico
From:
Sent:
To:
Subject
David Sutton <malamaourworld@gmail.com>
Friday,August 6,2021 3:52 PM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click tlnks or open attachments even Jfthe sender is known
to you unless it Is something you were expecting.
Aloha!
I oppose the Consolidation and plaimed Subdivision ofTMK (4)2-8-014:032 scheduled for
hearing by the Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am,
TMK (4)2-8-014:032 is home to endangered species,mcluding the blind cave spider,found
nowhere else in the world.Portions of the TMK have been designated by the Department of the
Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site
and replete with traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last
remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave
Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only in Koloa -the lava tubes and areas mnning under and
adjacent to this property (TMK (4)2-814:32).
In sum -oppose any activities on this property including:drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of this ecosystem
and listed Endangered Species.See also Land Use Commission requurements that have yet to be
satisfied.
Mahalo,
David Sutton
8082124529
30
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Marcia McPhail <marciakauai@icloud.com>
Monday,August 9,2021 2:13 PM
Planning Department
Vote N0
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
AUG 3 2021
planningdepartmentiai kauai.gov
To the Kauai Planning Commission
Re:Subdivsion application:S-2021-7
1 OPPOSE the Subdivision ofTMK (4)2-8-014:032 Vote N0 !
building of 280 tourist condominiums
It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of
condos or development of this important property.
This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We
are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse
actuallyor intermsofperceptionthanforthe Countyto approve anymotionsthatwould allowforan area designated
by the USFWS as critical habitat and 2 species to be destroyed,to build tourist
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Judy Dalton <judydalton123@gmail.com>
Monday,August9,2021 1:59 PM
Kaaina Hull;Planning Department
Testimony re:S-2021-7 (August 10,2021 -Agenda I-1C)'
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Yellow Hale LLC -Subdivision Application 8-2021-7 for TMK (4)2-8-014:032
Aloha Director Hull and Commissioners,
This subdivision aspplication does not meet the requirements of the Department of the
Interior,the Land Use Commission nor the US Fish and Wildlife Service which all address
the protection of endangered species identified on this property.The impacts on infrasture
and traffic are also of major concern.
It is very troubling that the developer offered to pay the county $5 million to avoid
the required 20%of a development to be alloted for workforce housing.The applidant is
scandalously trying to buy his way out of this requirement.This borders on a type of
bribery that hopefully the PlanningCommission will not accept.
I respectifully ask that the Commission not approve this development which ignores
enivornmental mandates and turns its back on the needs of Kauai s workforce residents.
Thank you for the opportunity to comment.
Judy Dalton
808-482-1129
SlERRACLUB OF HAWM'I
KAUA'I GROUP
August7,2021
Ka'ina S.Hull,Planning Director
Kaua'i Planning Commission Subdivision Committee
4444 Rice Street,Suite A473
Lihue,HI 96766
MALAMA I KA HONUA
Cherish the Earth
(khull@kauai.gov)
(planningdepartment@kauai.gov)
RE:AGENDAITEMI-lConAUGUST 10,2021 -YELLOW HALE LLC
SUBDIVISION APPLICATION S-2021 -7 for TMK (4)2-8-014:032
Aloha Director Hull and Commissioners:
The Sierra Club Kaua'i Group strongly opposes the consolidation and planned Subdivision ofland
referenced above.We are extremely concerned about the omission ofrelevant information in the
record which will inhibit fair and reasonable decision-making.
The Applicant plans to develop 282 condominium units on 27-acres,and we ask that you fully consider
the following discrepancies and not proceed vvith segmenting this project.
I)Subsequent to the State District Boundary Amendment that changed the Ag classification to Urban
in 1975,and later modifications/requirements in 1977 and 1997,many conditions have yet to be met as
itemized by the State Office ofPlanning in 2014.See:
httDS://luc.hawaii.eov/wD-content/uoloads/2014/01/A76-418-OP-ResDonse-to-Motion-4-4-14-
FINAL.cdf
2)Portions ofthe parcel were designated by the U.S.Department ofthe Interior (the nation's leading
nature conservation agency)as protected critical habitat for two endangered species -the Kaua'i Cave
WolfSpider (Adelocosa Anops)and the Endangered Kaua'i Cave Amphipod (Spelaeorchestia
Koloana).See:httBs://www.£ovinfo.eov/content/Dk2/FR-2003-04-09/Ddf/03-81SO.pdf
3)In a letter dated March 24,2014,the US Fish and Wildlife Service states that it is very concerned
that building in the area surrounding the "critical habitat"could result in a taking.See:
httDS://luc.hawaii.aov/wD-content/uDloads/2014/01/A76-418-OP-Exhibit-C-D-E.Ddf
4)The county s requirement for rodent control and the application of poison and grubbing activities
can decimate this protected ecosystem and species.
5)This TMK contains the Koloa Cave System with many noted lava tubes and burial chambers,and is
also part ofthe prehistoric Koloa Field System.
Sierra Club of Hawai'i,Kaua'i Group |PO Box 3413,Lihu'e,Hawai'i 96766 |hi.sierraclub.org
Emailed correspondence reduces paper waste.Ifyou do print this letter,please recycle.Mahalo.
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Dan Freund <danfreund@hotmail.com>
Friday,August 6,2021 9:01 AM
Planning Department
Subdivision Committee Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kaual.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
I'll let others who know more talk about ecological and cultural issues.What I do know is that adding
more vacation homes on Kauai will sabotage the Hawaii Tourism Authority's current goal
of "stabilization,recovery,and rebuilding to the desired visitor industry"(emphasis added).
Let the developers come back a plan for affordable residential homes.
-Dan Freund
5609A Honua Rd
Kapaa,HI 96746
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Regina Gregory <reginagregory24@gmail.com>
Friday,August 6,2021 10:23 AM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
1 OPPOSE the Consolidation and planned Subdivision ofTMK (4)
2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission.
The project negatively affects endangered species and creates only totally unaffordable housing.
Regina Gregory
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
CherylAnn Farrell <cherylaofarrell@gmail.com>
Friday,August 6,2021 10:51 AM
Planning Department
Opposition statement to Subdivision application S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for
hearing by the Subdivision Committee of the Kauai County Plannmg Commission at 8:30 am,
8/10/2021.
TMK (4)2-8-014:032 is home to endaagered species,includmg the blind cave spider,found
nowhere else in the world.Portioas of the TMK have been designated by the Department of the
Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site
and replete with traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last
remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave
Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only in Koloa -the lava tubes and areas runnmg under and
adjacent to this property (TMK (4)2-814:32).
The agenda item on the Plarmmg Commission lists the proposed activity -the building of 280
condominiums.
In sum -1 OPPOSE any and activities on this property includmg:drillmg,grubbing,grading,the
administration of poison and other activities that would lead to the decunation of this ecosystem
and listed Endangered Species.See also Land Use Commission requirements that have yet to be
satisfied:
https:/71uc.hawaii.gov/wp-conteDt/'uploads/2014/01/A76-418-OP-Response-to-Motion-4-4-14-
FINAL.pdf
httDS://luc.hawaii.sov/WD-content;'UDloads/2014/03/A76-418 JMoana-CorDoration DO 7-11-
197 7.pdf
https://luc.hawaii,eov/wp-contej'it/upIoads/20t4/03/A76-418_Moana-Corporation_Bill-of;
Particulars 5-16-1996.gdt'
The Land Use Commission Docket contains multiple applications to modify the 1977 District
Boundary Amendment requu'ements.No County action should be taken on TMK (4)2-8-014:032
until the LUC conditions have been met,particularly those addressing traditional and cultural
practices and the Endangered Species Act.
Mahalo,
Cheryl Ann Farrell
Cheryl Ann Farretl
ch.erylaofarrell@email.com
808-652-1284 (-2 hrs PST)
It's notwhatyou don't knowthatwillgetyou in trouble.It iswhatyou knowforsure,thatjustain'tso.~MarkTwain
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Ahupuaa puna o Kaua'i <ahupuaapunaokauai@gmail.com>
Friday,August 6,2021 8:05 AM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
1 OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision
Committeeofthe Kauai County PlanningCommissionat 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found nowhere else in the world.
Portions of the TMK have been designated by the Department of the Interior as protected habitat for the endangered
species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the
Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and
areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation ofthis ecosystem and listed Endangered Species.See also Land Use
Commission requirements that have yet to be satisfied:
https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fluc.hawaii.gov%2fwp-
content%2fuploads%2f2014%2f01%2fA76-418-OP-Response-to-Motion-4-4-14-FINAL.pdf&c=E,l,j-
ClcYlb7ztnVfKtS5zczovkZWMUfY5MpYePOS31W_nsW3dLhj8083JaJFAv3JmlYUOP8VlyONC29RT7T5zrxcEbJAW93p5_Cb
Mlux9dF90c&typo=l
https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fluc.hawaii.gov%2fwp-
content%2fuploads%2f2014%2f03%2fA76-418_Moana-Corporation_DO_7-ll-
1977.pdf&c=E,l,6uclXcWAmSm3Tsqht071Pinq6y730orfCB5YJLCgHLalzhS6qQoCyEOQ-F2bqa2603qhZzvH-
M_uUjS_4UK6F6mtzkOzscCnVHy21bytGiNF-DvmUaY,&typo=l
https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fluc.hawaii.gov%2fwp-
content%2fuploads%2f2014%2f03%2fA76-418_Moana-Corporation_Bill-of-Particulars_5-16-1996.pdf&c=E,l,-
FfH150i7Q6TlhsFMUvasRDq6YOowQOs5ZThXluKoc9bW-7R2czP7-dtMAkB29WW9ar373a58pM13xHIAI-
itOh5i86gBqgMIRyHlWPHDLdbPDWIAYVcEtwabOU,&typo=l
The Land Use Commission Docket contains multiple applications to modify the 1977 District Boundary Amendment
requirements.In 1997 the LUC added conditions 10-22,see links that follow.No County action should be taken on TMK
(4)2-8-014:032 until the LUC conditions have been met,particularly those addressing traditional and cultural practices
and the Endangered Species Act.
Mahalo,
(signature and phone number)
11
Also equallyconcerning isthevalidityofthefactthatCultural Surveys Hawaii never performed a propersurveyforthis
property!Not only was it completely inaccessible at the time of the brief survey that Missy conducted,she stated to me
personally that "The lot must be cleared by hand and have a full team survey done because it was such a culturally
sensitive area!."Multiple Lineal Descendantsand cultural descendants have come forward and SHPD is notdoingthe
proper protocol of identifying them as descendants!Kauai Island burial specialist Kauanoe Hoomanawanui's own
mother Moana Kinimaka manages Wainani subdivisions,poipu estates and has deep conflicts of interest because of this.
We personallytookSHPD,DLNR and DOCARE and nothingever became ofthe complaintsfiled!They can't even give me
a reference number for my complaint!We've been asked to provide birth certificates for people born in the 1700-1800s!
We've proved full lineal descent to Chief Palikua and his family who are buried in that property.Sent from my iPhone
12
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Heatherbell Fong <hbfongkalaheo@gmail.com>
Friday,August 6,2021 8:07 AM
Planning Department
Subdivlsion application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the
Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am,8/10/2021.
TMK [4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere
else in the world.Portions ofthe TMK have been designatedbythe Department ofthe Interioras protected
habitats for endangered species.It is also a recognized Hawaiian burial site and replete with traditional and
culturally sensitive historic practices,
This parcel has been listed by the US Fish and Wildlife Service as Critical Habitat'and the last remaining
ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave WolfSpider
(Adelocosa anops}and the Endangered Kauai Cave Amphipod (Spelaeorchestia koloana].These creatures exist
only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK [4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of
poison,or any other activities that would lead to the extinction of this ecosystem and listed Endangered
Species.
Mahalo,
Heatherbell Fong
Kalaheo
Phoneno:8083466887
Heatherbell Fong
hbfonqkalaheo@qmail.com
10
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Alyssa Alayvilla <alyssa.alayvilla@outlook.com>
Friday,August 6,2021 8:16 AM
Planning Department
Re:Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unfess it is something you were expecting.
Aloha Subdivision Committee of The Kauai Planning Commission,
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision
Committee of the Kauai County Planning Commission at8:30am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the
world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the
endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive historic
practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the
Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and
areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda Jtem on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create no affordable housing for the
local community!Please find my contact info below should there be any questions or if you need anything
additional.Mahalo!
WARMEST REGARDS,
ALYSSA ALAYVILLA
DESIGNER X OWNER OF DtSIGN HAUS INTERIORS
CONTACT@DESIGNHAUSINTERIOR.COM
f3231 -333 -1933//WHEDESIGNHAUSIWCRIORS
WWW.DESIGNHAUSINTERIOR.CQM
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Lileigh Thomas <lileigh.thomas@gmail.com>
Friday,August 6,2021 8:25 AM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the CountyofKauai.Do not click links oropenattachments even ifthe
sender is known to you unless it is something you were expecting.
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032
scheduled for hearing by the Subdivision Committee of the Kauai County
Planning Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind
cave spider,found nowhere else in the world.Portions of the TMK have been
designated by the Department of the Interior as protected habitat for the
endangered species.It is also a recognized Hawaiian burial site and replete with
traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical
Habitat'and the last remaining ecosystem on the planet for at least 2
Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa
Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only in Koloa -the lava tubes and areas running
under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the
building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,
grading,the administration of poison and other activities that would lead to the
decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will
create no affordable housing for the local community!
Mahalo,
Lileigh Thomas (505-690-6911)
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Sarah Wise <swisekauff@gmail.com>
Friday,August 6,2021 8:32 AM
Planning Department
Re:Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item l-1c,Subdivision application:S-2021-7
1 OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision
Committee ofthe Kauai County PlanningCommission at8:30am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the
world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the
endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive
historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the
Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and
areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create no affordable housing for the
local community!
Mahalo,
Sarah Wise 831-239-6222
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
dreined@gmail.com
Friday,August 6,2021 8:58 AM
Planning Department
Opposing development ofTMK
CAUTION;This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless It Is something you were expecting.
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled
for hearing by the Subdivision Committee of the Kauai County Planning Commission at
8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave
spider,found nowhere else in the world.Portions of the TMK have been designated by the
Department of the Interior as protected habitat for the endangered species.It is also a
recognized Hawaiian burial site and replete with traditional and culturally sensitive historic
practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the
last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave
Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava
tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of
280condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of this
ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create
no affordable housing for the local community!
Please make your decision off more than just financial gain..There is so much more at
stake here.
Mahalo,
Drea Dooley
431-1885
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Tyler Smith <tylerrsmith1103@gmail.com>
Friday,August 6,2021 9:06 AM
Planning Department
Agenda Item l-1c,Subdivision Application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender Is known
to you unless it is something you were expecting.
Aloha Subdivision Committee of The Kauai Planning Commission,
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled
for hearing by the Subdivision Committee of the Kauai County Planning Commission at
8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave
spider,found nowhere else in the world.Portions of the TMK have been designated by
the Department of the Interior as protected habitat for the endangered species.It is also a
recognized Hawaiian burial site and replete with traditional and culturally sensitlve historic
practlces.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and
the last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai
Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the
lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of
280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of this
ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create
no affordable housing for the local community!Please find my contact info below should
there be any questions or if you need anything additional.Mahalo!
Tyler Smith
Tylerrsmithll03@gmail.com
702-334-3233
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Malina Hoopii-Foley <malina.foley@gmail.com>
Friday,August 6,2021 9:43 AM
Planning Department
'A'ole Kauanoe O Koloa
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Hewa hewa hewa hewa HEWA!
Please look with your heart how wrong planning this development would be!
It's so selfish to build condos on this sacred aina with TONS of iwi Kupuna(Ancestral bones)WHO would
this benefit??
Definitely not our people.Not our upcoming generation of keiki.
Think about your grandchildren and the land you will leave them with.1 urge you to look at the whole
picture.Enough is enough,we need to stop catering so much to tourists and more towards the people of
this land.Let Hawaiians be Hawaiians and this land will prosper!Lets stop putting $$$signs in front of the
things that are TRULY important.Kaua'i will no longer be Kaua'i if we continue to do selfish acts like this.
This land is not ours to buy and sell.
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by
the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021.TMK (4)2-
8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in
the world.Portions of the TMK have been designated by the Department of the Interior as protected
habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional
and culturally sensitive historic practices.This parcel has been listed by the US Fish and Wildlife Service
as 'Critical Habitat'and the last remaining ecosystem on the planet for at least 2 Endangered species -
the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod
(Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and areas running under
and adjacent to this property (TMK (4)2-814:32).The agenda item on the Planning Commission lists the
proposed activity -the building of 280 condominiums.In sum -OPPOSE any activities on this property
including:drilling,grubbing,grading,the administration of poison and other activities that would lead to the
decimation of this ecosystem and listed Endangered Species.This proposed development will also
worsen the critical housing problem as it will create no affordable housing for the local community!
Mahalo,Malina Ho'opi'i-Foley
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Anna morales <annaparlee7@gmail.com>
Friday,August 6,2021 10:08 AM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032
scheduled for hearing by the Subdivision Committee of the Kauai County Planning
Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave
spider,found nowhere else in the world.Portions of the TMK have been designated by
the Department of the Interior as protected habitat for the endangered species.It is
also a recognized Hawaiian burial site and replete with traditional and culturally
sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical hlabitat'and
the last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai
Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the
lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building
of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,
the administration of poison and other activities that would lead to the decimation of
this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will
create no affordable housing forthe local community!
Mahalo,
Anna Morales
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Regina Floyd <reginafloyd@gmail.com>
Thursday,August 5,2021 4:51 PM
Planning Department
Re:Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
When does this ever stop?
FOR THE RECORD,I OPPOSE the Consolidation and planned
Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the
Subdivision Committee ofthe Kauai County Planning Commission at 8:30
am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the
blind cave spider,found nowhere else in the world.Portions of the TMK
have been designated by the Department of the Interior as protected
habitat for the endangered species.It is also a recognized Hawaiian burial
site and replete with traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as'Critical Habitat'and the last remaining ecosystem on the planet for at
least 2 Endangered species -the Endangered Kauai Cave Wolf Spider
(Adelocosa Anops)and the Endangered Kauai Cave Amphipod
(Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava
tubes and areas running under and adjacent to this property (TMK (4)2-
814:32).
The agenda item on the Planning Commission lists the proposed activity
-the building of 280 condominiums.
46
In summary -OPPOSE any activities on this property including:
drilling,grubbing,grading,the administration of poison and other
activities that would lead to the decimation of this ecosystem and listed
Endangered Species.See also Land Use Commission requirements that
have yet to be satisfied:
httDs://luc.hawaii.gov/WD-content/UDloads/2014/01 /A76-4 18-0P-
Response-to-Motion-4-4-14-FINAL.pdf
https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418 Moana-
Corporation DO 7-11-1977.pdf
https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418 Moana-
Corporation Bill-of-Particulars 5-16-1996.pdf
The Land Use Commission Docket contains multiple applications to
modify the 1977 District Boundary Amendment requirements.In 1997 the
LUC added conditions 10-22,see links that follow.No County action
should be taken on TMK (4)2-8-014:032 until the LUC conditions have
been met,particularly those addressing traditional and cultural practices
and the Endangered Species Act.
Mahalo,
Regina L Floyd
Kauai Resident
808 742 8424
Regina L Floyd
Digital Marketing Consultant
Simple Online Business Development
SimpleOBD.com
Contact Info:
702 292 2372 (mobile direct)
808400-1460 (business)
skype:Regina.L.FIoyd
Facebook.com/ReginaLFIovd
Linkedln:ReginaLFIovd
47
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
steven Thomas <melezdad1@yahoo.com>
Thursday,August 5,2021 5:48 PM
Planning Department
Oppose Kauanoe O Koloa Kiahuna Project
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Kauai Planning Commission
Re:Subdivsion application:S-2021-7
1 OPPOSE the Subdivision of TMK (4)2-8-014:032 It has come to my attention that there is a proposed subdivision of an
environmentally sensitive and culturally significant parcel scheduled for the Aug 10 Planning Commission meeting.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered
Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place else on earth except for in
Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32)
The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums
It is impossible to imagine the Planning Commission or the County of Kauai taking any steps toward the building of
condos or development of this important property.
This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.We
are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing worse
actually or in terms of perception than for the County to approve any motions that would allow for an area designated
by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos.
This doesn't begin to cover the cultural issues related to Iwi Kupuna and burials,of which there are many relating to the
property.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
Sent from my iPhone
44
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
johnandjay1302 <johnandjay1302@gmail.com>
Thursday,August 5,2021 5:07 PM
Planning Department
282 condo development koloa area
CAUTION:ThJs email originated from outside the County of Kauai,Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
1 opposed the development in koloa area.John Tillman
Sent from my T-Mobile 4G LTE Device
45
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Viviana Ruiz <vivianaruiz4336@gmail.com>
Thursday,August 5,2021 7:47 PM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outslde the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it Is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item l-1c,Subdivision application:S-2021-7
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled
for hearing by the Subdivision Committee of the Kauai County Planning Commission at
8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave
spider,found nowhere else in the world.Portions of the TMK have been designated by the
Department of the Interior as protected habitat for the endangered species.It is also a
recognized Hawaiian burial site and replete with traditional and culturally sensitive historic
practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the
last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave
Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava
tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of
280condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of this
ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create
no affordable housing forthe local community!
Mahalo,
42
Viviana Ruiz-Moreno,(619)3758330
43
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Monica Banuelos <jbanuelos2773@icloud.com>
Thursday,August 5,2021 7:52 PM
Planning Department
Agenda item l-1c
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item l-1c,Subdivision application:S-2021-7
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled
for hearing by the Subdivision Committee of the Kauai County Planning Commission at
8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave
spider,found nowhere else in the world.Portions of the TMK have been designated by the
Department of the Interior as protected habitat for the endangered species.It is also a
recognized Hawaiian burial site and replete with traditional and culturally sensitive historic
practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the
last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave
Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava
tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of
280condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of this
ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create
no affordable housing for the local community!
Mahalo,
40
Monica Banuelos
41
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Flora <floramaywright@gmail.com>
Thursday,August 5,2021 7:59 PM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
Dear County Of Kaeuai Planning Commission,
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the
Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere
else in the world.Portions of the TMK have been designated by the Department of the Interior as protected
habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and
culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining
ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider
(Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures
exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of
poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create no affordable housing
for the local community!
Sincerely,
FloraW.
39
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Claudia Hart <kalaukia1@gmail.com>
Thursday,August 5,2021 8:00 PM
Planning Department;kiaiwaialeale@gmail.com;BridgetHammerquist@hawaiiantel.net
Consolidation and planned Subdivision ofTMK (4)
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for
hearing by the Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am,
8/10/2021.
Not sure how effective it is to be emailing this to the Planning Department.The people askmg for
our statements to be emailed to you should have been aware that you can easily delete as many as
you wish.That is why I am copying some of them on this email.Sad that we,as a community,have
had whatever faith we may have once had m our elected or appointed officials totally destroyed.I
am not Hawaiian but I am beyond appalled by the lack of respect the people in charge have for the
native Hawaiian culture and the rights of the Hawaiian people.At the rate you are going,you will
soon be tuming Kauai into another Oahu.
Claudia L.Hart
808-378-4984
38
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
FW <snuffleupaguslikesspaghetti@gmail.com>
Thursday,August 5,2021 8:01 PM
Planning Department
Presen/e Koloa Ahupua'a
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission,
Re:Agenda Item l-1c,Subdivision application:S-2021-7
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the
Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere
else in the world.Portions of the TMK have been designated by the Department of the Interior as protected
habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and
culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining
ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider
(Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures
exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of
poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create no affordable housing
for the local community!
37
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
betty winholtz <winholtz@sbcglobal.net>
Thursday,August 5,2021 8:03 PM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This emall originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Dear Subdivision Committee of The Kauai Planning Commission:
For several reasons,1 OPPOSE the Consolidation and planned Subdivision of
TMK (4)2-8-014:032 scheduled for hearing by the Subdivision Committee of the
Kauai County Planning Commission on August10,2021.
1.This parcel is listed by the US Fish and Wildlife Service as 'Critical Habitat.'It
is the last remaining ecosystem on the planet for at least 2 Endangered species
-the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the
Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures
exist only in Koloa -the lava tubes and areas running under and adjacent to this
property.Portions have been designated by the Department of the Interior as
protected habitat for the endangered species.
2.This parcel is a recognized Hawaiian burial site.It is rife with traditional and
culturally sensitive historic practices.
3.This parcel's proposed development does not create affordable housing for
the local community.Therefore,building 280 condominiums adds to the critical
housing problem.
1 OPPOSE any activities on this property such as drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of
this ecosystem and listed Endangered Species,as well as degrading the
h-lawaiian burial site.
Support the community,its heritage,and its duty to protect its one-of-a-kind
species.
Sincerely,
Betty Winholtz
35
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
L Shalev <humandesigninteractive@gmail.com>
Thursday,August 5,2021 8:06 PM
Planning Department
I oppose the housing development
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To whom it may concern.
It is time to build homes for Native Kauai people and not rich immigrants from the Mainland.
Corruption of county officials needs to stop.Developers like Blingsten (or whatever his name is)is going to become
super-rich and how does that help the people who need homes?
Get real and responsible!
LASITA Shalev
34
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
MarkShaffer <wherryone@me.com>
Thursday,August 5,2021 8:34 PM
Planning Department
Judy Martin
Subdivision OfTMK (4)2-8-014:032
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
My Wife and I are resident of Kauai and live on the South Shore.
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for
hearmg by the Subdivision Committee of the Kauai County Planning Commission at 8:30 am,
8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,mcluding the blind cave spider,found
nowhere else in the world.Portions of the TMK have been designated by the Department of the
Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site
and replete with traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last
remaining ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave
Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only in Koloa -the lava tubes and areas running under and
adjacent to this property (TMK (4)2-814:32).
The agenda item on the Plarmmg Commission lists the proposed activity -the building of 280
condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,gradmg,the
administration of poison and other activities that would lead to the decimation of this ecosystem
and listed Endangered Species.See also Land Use Commission requirements that have yet to be
satisfied:
Further more,I don't understand,the planning for any more housing and commercial structures on
Kauai..
Infrastructure is bemg over tacked,I hope you can understand the urgency to put a moratorium on
all building on the island of Kauai.
32
For the good of the Ohana.Our hearts are here on this magical place.Please reconsider
you proposed development...
Aloha,
Mark Shaffer
Judy Martin
33
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Noe Moku <noemoku@gmail.com>
Thursday,August 5,2021 8:55 PM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission,
Re:Agenda Item l-1c,Subdivision application:S-2021-7
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision
Committeeofthe Kauai County PlanningCommission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the
world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the
endangered species.It is also a recognized Hawsiian burial site and replete with traditional and culturally sensitive
historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the
Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and
areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create no affordable housing for the
local community!
Mahalo,
Noelani Moku
31
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Shan S <shannonvstone@gmail.com>
Thursday,August 5,2021 9:12 PM
Planning Department
Re:Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission,
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled
for hearing by the Subdivision Committee of the Kauai County Planning Commission at
8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave
spider,found nowhere else in the world.Portions of the TMK have been designated by the
Department of the Interior as protected habitat for the endangered species.It is also a
recognized Hawaiian burial site and replete with traditional and culturally sensitive historic
practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the
last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave
Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava
tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of
280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of this
ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create
no affordable housing for the local community!
Mahalo,
Shannon Stone
29
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Hannah Werner <hmwernerdesigns@gmail.com>
Thursday,August 5,2021 9:05 PM
Planning Department
Re:Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it Js something you were expecting.
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled
for hearing by the Subdivision Committee of the Kauai County Planning Commission at
8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave
spider,found nowhere else in the world.Portions of the TMK have been designated by the
Department of the Interior as protected habitat for the endangered species.It is also a
recognized Hawaiian burial site and replete with traditional and culturally sensitive historic
practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the
last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave
Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava
tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of
280condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of this
ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create
no affordable housing for the local community!
Mahalo,
-Hannah Werner
30
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Dawn Kawahara <dawnkawahara@gmail.com>
Thursday,August 5,2021 9:25 PM
Planning Department
Subject:Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for
hearing by the Subdivision Committee of the Kauai County Plarmmg Commission at 8:30 am,
8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found
nowhere else in the world.Portions of the TMK have been designated by the Department of the
Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site
and replete with traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last
remainmg ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave
Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only m Koloa -the lava tubes and areas running under and
adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280
condominiums.
In sum -OPPOSE any activities on this property including:drilling,gmbbing,grading,the
administration of poison and other activities that would lead to the decimation of this ecosystem
and listed Endangered Species.See also Land Use Commission requirements that have yet to be
satisfied:
https://luc.hawaii.gov/WD-content/uDloads/2014/01/A76-418-OP-Resppnse-to-Motion-4-4-14-
FDMAL.pdf
https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418_Moana-Corporation_DO_7-ll-
1977.pdf
https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418 Moana-Corporation_Bill-of-
Particulars 5-16-1996.Ddf
27
The Land Use Commission Docket contains multiple applications to modify the 1977 District
Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see links that
follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have
been met,particularly those addressing traditional and cultural practices and the Endangered
Species Act.
Mahalo,
Dawn F.Kawahara
(808)651-6305
28
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Steve Ramar <steven_r1965@platosys.net>
Thursday,August 5,2021 9:50 PM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032
scheduled for hearing by the Subdivision Committee of the Kauai County
Planning Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind
cave spider,found nowhere else in the world.Portions of the TMK have been
designated by the Department of the Interior as protected habitat for the
endangered species.It is also a recognized Hawaiian burial site and replete with
traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical
Habitat'and the last remaining ecosystem on the planet for at least 2
Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa
Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only in Koloa -the lava tubes and areas running
under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the
building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,
grading,the administration of poison and other activities that would lead to the
decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will
create no affordable housing forthe local community!
Mahalo,
Steven Ramar [508.775.3951]
26
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Sylvia Partridge <sylpartridge@yahoo.com>
Thursday,August 5,2021 10:06 PM
Planning Department
Sylvia Partridge
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This emait originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032
scheduled for hearing by the Subdivision Committee of the Kauai County Planning
Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,
found nowhere else in the world.Portions of the TMK have been designated by the
Department of the Interior as protected habitat for the endangered species.It is also a
recognized Hawaiian burial site and replete with traditional and culturally sensitive
historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'
and the last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai
Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only m Koloa -the
lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building
of 280 condominiums.
In sum -1 OPPOSE any activities on this property including:drilling,gmbbing,
gradmg,the administration ofpoison and other activities that would lead to the
decimation of this ecosystem and listed Endangered Species.See also Land Use
Commission requirements that have yet to be satisfied:
https://luc.hawaii.aov/wD-content/uploads/2014/01/A76-418-OP-ResDonse-to-
Motion-4-4-14-FINAL.pdf
httDS://luc.hawaii.aov/wD-contenVuDloads/2014/03/A76-418_Moana-
CorDoration_DO_7-11 -1977.pdf
httDS://luc.hawaii.aov/wD-content/uDloads/2014/03/A76-418_Moana-
24
CorDoration Bill-of-Particulars 5-16-1996.pdf
The Land Use Commission Docket contains multiple applications to modify
the 1977 District Boundary Amendment requirements.In 1997 the LUC added
conditions 10-22,see links that follow.No County action should be taken on
TMK (4)2-8-014:032 until the LUC conditions have been met,particularly
those addressing traditional and cultural practices and the Endangered
Species Act.
Mahalo,
Sylvia Partridge
3800 Kamehameha Rd.,#22
Princeville,HI 96722
808-826-4020
sylpartridge @ yahoo.com
25
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Joan McCauley <joanmccauley54@gmail.com>
Thursday,August 5,2021 10:46 PM
Planning Department
Kauanoe O Koloa
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
To the Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item l-1c,Subdivision application:S-2021-7
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the Subdivision
Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the
world.Portions of the TMK have been designated by the Department oi the Interior as protected habitat for the
endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive
historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the
Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and
areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create no affordable housing for the
local community!
Mahalo,
Joan McCauley
LivingAlohatS
(808)855-5079
N0 TREES WERE KILLED in the delivery of this message.However,a
large number of electrons were terribly inconvenienced.Please consider
the environment before printing this e-mail!(Author Unknown)
23
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Mai-Britt Ohlsen <ohlsen.mb@gmail.com>
Thursday,August 5,2021 10:53 PM
Planning Department
Subdivision Committee of The Kauai Planning Commission Re:Agenda Item l-1c,
Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item l-1c,Subdivision application:S-2021-7
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032
scheduled for hearing by the Subdivision Committee of the Kauai County
Planning Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind
cave spider,found nowhere else in the world.Portions of the TMK have been
designated by the Department of the Interior as protected habitat for the
endangered species.It is also a recognized Hawaiian burial site and replete with
traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical
h-labitat'and the last remaining ecosystem on the planet for at least 2
Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa
Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only in Koloa -the lava tubes and areas running
under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the
building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,
grading,the administration of poison and other activities that would lead to the
decimation of this ecosystem and listed Endangered Species.
21
This proposed development will also worsen the critical housing problem as it will
create no affordable housing for the local community!
Mahalo,
Mai-Britt Ohlsen
22
Kristen Romuar-Cabico
From:
Sent:
To:
Brittny Perez <brittnyp@hawaii.edu>
Friday,August 6,2021 12:03 AM
Planning Department
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
I Kulanui Naliipoaimoku OPPOSE the Consolidation and planned Subdivision of TMK (4)
2-8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County
Planning Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave
spider,found nowhere else in the world.Portions of the TMK have been designated by the
Department of the Interior as protected habitat for the endangered species.It is also a
recognized Hawaiian burial site and replete with traditional and culturally sensitive historic
practlces.
The EPA should be notified and will be promptly notified that this endangered species is
being threatened yet again for the sake of elitist families to have yet another vacation
home.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical hlabitat'and the
last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave
Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava
tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of
280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of this
ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create
no affordable housing for the local community!
Mahalo,
Brittny (Kulanui Naliipoaimoku)Perez
19
(808)346-8938
20
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Joan Levy <joanlevy47@icloud.com>
Friday,August 6,2021 12:31 AM
Planning Department
Opposition to l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Itein I-lc,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for
hearing by the Subdivision Committee of the Kauai County Planning Conunission at 8:30 am,
8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found
nowhere else in the world.Portions of the TMK have been designated by the Department of the
Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site
and replete with traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last
remaming ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave
Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only in Koloa -the lava tubes and areas runnmg under and
adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planniag Commission lists the proposed activity -the building of 280
condominiums.
In sum -OPPOSE any activities on this property including:drillmg,gmbbing,gradmg,the
administration of poison and other activities that would lead to the decimation of this ecosystem
and listed Endangered Species.See also Land Use Conunission requirements that have yet to be
satisfied:
https://luc.hawaii.gov/wp-content/uploads/2014/01/A76-418-OP-Response-to-Motion-4-4-14-
FINAL.pdf
https://luc.hawaii.gov/wp-contenfc/uploads/2014/03/A76-418 Moana-Corporation_DO_7-11-
1977.pdf
https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418 Moana-Corporation Bill-of-
Particulars_5-16-1996.pdf
17
The Land Use Commission Docket contams multiple applications to modify the 1977 District
Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see links that
follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have
been met,particularly those addressing traditional and cultural practices and the Endangered
Species Act.
Mahalo,
Joan Levy
POB 160,Kapaa
29 year Kauai resident
Sent from Joan Levy's iPhone
18
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Jessica <jesskm1551@gmail.com>
Friday,August 6,2021 2:41 AM
Planning Department
Re:Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled
for hearing by the Subdivision Committee of the Kauai County Planning Commission at
8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave
spider,found nowhere else in the world.Portions of the TMK have been designated by the
Department of the Interior as protected habitat for the endangered species.It is also a
recognized Hawaiian burial site and replete with traditional and culturally sensitive historic
practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the
last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave
Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava
tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of
280condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of this
ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create
no affordable housing forthe local community!
Mahalo,
Sentfrom myiPhone
16
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
ARYN MAMIZUKA <arynmamizuka@ymail.com>
Friday,August 6,2021 3:19 AM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-1
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled
for hearing by the Subdivision Committee of the Kauai County Planning Commission at
8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave
spider,found nowhere else in the world.Portions of the TMK have been designated by the
Department of the Interior as protected habitat for the endangered species.It is also a
recognized hlawaiian burial site and replete with traditional and culturally sensitive historic
practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the
last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave
Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava
tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of
280condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of this
ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create
no affordable housing for the local community!
Mahalo,
ARYN MAMIZUKA
14
ST
091-6-6SZ-60S
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
ariana may <arianagynther@gmail.com>
Friday,August 6,2021 3:30 AM
Planning Department
Re:Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is somethlng you were expecting,
To the Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item l-1c,Subdivision application:S-2021-7
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled
for hearing by the Subdivision Committee of the Kauai County Planning Commission at
8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave
spider,found nowhere else in the world.Portions of the TMK have been designated by the
Department of the Interior as protected habitat for the endangered species.It is also a
recognized Hawaiian burial site and replete with traditional and culturally sensitive historic
practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the
last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave
Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava
tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of
280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of this
ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create
no affordable housing for the local community!
Mahalo,
12
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Mary Waldrop <marygwaldrop@yahoo.com>
Friday,August 6,2021 3:32 AM
Planning Department
oppose condo development on Kiahuna Plantation Dr
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032
scheduled for hearing by the Subdivision Committee of the Kauai County Planning
Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the blind cave
spider,found nowhere else in the world.Portions of the TMK have been designated
by the Department of the Interior as protected habitat for the endangered species.It is
also a recognized Hawaiian burial site and replete with traditional and culturally
sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'
and the last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai
Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the
lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Plannmg Commission lists the proposed activity -the
building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,
grading,the administration of poison and other activities that would lead to the
decimation of this ecosystem and listed Endangered Species.See also Land Use
Commission requirements that have yet to be satisfied:
https://luc.hawaii.gov/wp-content/uploads/2014/01/A76-418-OP-Response-to-
Motion-4-4-14-FINAL.pdf
https://lyc,hawaii.gov/wp-content/uploads/2014/03/A76-418_Moana-
CorDoration_DO_7-11-1977.pdf
https ://luc.hawaii.eov/wD-content/uDloads/2014/03/A76-418_Moana-
Corporation Bill-of-Particulars 5-16-1996.Ddf
10
The Land Use Commission Docket contams multiple applications to modify the
1977 District Boundary Amendment requirements.In 1997 the LUC added conditions
10-22,see links that follow.No County action should be taken on TMK (4)2-8-
014:032 until the LUC conditions have been met,particularly those addressing
traditional and cultural practices and the Endangered Species Act.
Mahalo,
Mary G Waldrop
2611 Kiahuna Plantation Dr apt2F
Koloa,HI 96756
575-937-0889
11
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
MaryWaldrop <marygwaldrop@yahoo.com>
Friday,August 6,2021 3:34 AM
Planning Department
condo project mauka of Pili Mai
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
Re:Agenda Item I-lc,Subdivision application:S-2021-7
I OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for
hearing by the Subdivision Committee ofthe Kauai County Plannmg Commission at 8:30 am,
8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found
nowhere else in the world.Portions of the TMK have been designated by the Department of the
Interior as protected habitat for the endangered species.It is also a recognized Hawaiian burial site
and replete with traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last
remainmg ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave
Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only in Koloa -the lava tubes and areas runnmg under and
adjacent to this propeny (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280
condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of this ecosystem
and listed Endangered Species.See also Land Use Commission requirements that have yet to be
satisfied:
https://luc.hawaii.eov/wp-content/uploads/2014/01/A76-418-OP-Response-to-Motion-4-4-14-
FINAL.pdf
httDS://luc.hawaii.gov/WD-content/uDloads/2014/03/A76-418 Moana-CorDoration DO 7-11-
1977.pdf
https://luc.hawaii,fiov/wp-content/uploads/2014/03/A76-418_Moana-Corporation Bill-of-
Particulars 5-16-1996.Ddf
The Land Use Commission Docket contains multiple applications to modify the 1977 District
Boundary Amendment requirements.In 1997 the LUC added conditions 10-22,see links that
follow.No County action should be taken on TMK (4)2-8-014:032 until the LUC conditions have
been met,particularly those addressing traditional and cultural practices and the Endangered
Species Act.
Mahalo,
Mark L Waldrop
2611 Kiahuna Plantation Dr Apt 2F
Koloa.HI 96756
575-937-0888
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Sarah Kanu <sarahnkanu@yahoo.com>
Friday,August 6,2021 4:19 AM
Planning Department
Re:Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
1 strongly OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the
Subdivision Committee ofthe Kauai County Planning Commission at 8:30 am,8/10/2021.
We should ALL be in support of listening to Indigenous peoples and having the utmost respect for their land and their
future -along with all our futures.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the
world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for
the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive
historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the
Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and
areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison and
other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create no affordable housing for the
local community!
Mahalo,
Sarah Kanu -United States/Texas
Kristen Romuar-Cabico
From:
Sent:
To:
Subj'ect:
Renee Rosemark Harper <reneeroseharper@gmail.com>
Friday,August 6,2021 5:07 AM
Planning Department
Housing in Poipu
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Please consider all the negative aspects of this development.Traffic is already terrible on the Island and this will just
add to it.Please think of the residents and long term implications of this project.
Mahalo,
Renee Rosemark Harper
Lawai
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Araceli Marquez <marquez.araceli84@gmail.com>
Friday,August 6,2021 5:19 AM
Planning Department
Re:Agenda Item l-1c,Subdivision application:S-2021 -7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe
sender is known to you unless it is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission,
1 oppose the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled for hearing by the
Subdivision Committee of the Kauai County Planning Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere
else in the world.Portions of the TMK have been designated by the Department of the Interior as protected
habitat for the endangered species.It is also a recognized Hawaiian burial site and replete with traditional and
culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining
ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider
(Adelocosa Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures
exist only in Koloa -the lava tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -1 oppose any activities on this property including:drilling,grubbing,grading,the administration of
poison and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create no affordable housing
for the local community!
Thank you,
Araceli Marquez
(916)599-5154
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Eileen Roach <eileenroach@yahoo.com>
Friday,August 6,2021 5:28 AM
Planning Department
Planned Subdivision ofTMK (4)2-8-014:032 Kauanoe O Koloa
CAUTION:This email originated from outside the County of Kauai.Do not cllck links or open attachments even ifthe sender is known
to you unless it is something you were expecting.
Aloha Planning Commission,
Regarding agenda Item l-1c,Subdivision application:S-2021-7,l strongly OPPOSE the Consolidation
and planned Subdivision of TMK (4)2-8-014:032.
As you are aware,this parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'
and the last remaining ecosystem on the planet for at least 2 Endangered species -the Endangered
Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave Amphipod
(Spelaeorchestia Koloana).
In addition,this proposed development does not create any affordable housing for the local
community!
Please do not approve this project,for the sake of our people.
Mahalo,
Eileen Roach
hlanapepe
(805)712-4144
Kristen Romuar-Cabico
From;
Sent:
To:
Subject:
Terri Condotta <tmcondo@comcast.net>
Friday,August 6,2021 6:50 AM
Planning Department
OPPOSITION FOR PLANNED KOLOA SUBDIVISION
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
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To the Subdivision Committee ofThe Kauai Planning Commission
Re:Agenda Item l-1c,Subdivision application:S-2021-7
We OPPOSE the Consolidation and planned Subdivision ofTMK (4)2-8-014:032 scheduled for hearing by the Subdivision
Committee ofthe Kauai County PlanningCommission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave spider,found nowhere else in the
world.Portions oftheTMK have been designated bythe Departmentofthe Interioras protected habitatforthe
endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally sensitive
historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining ecosystem on
the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the
Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava tubes and
areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of 280 condominiums.
In sum -we OPPOSE any activities on this property including:drilling,grubbing,grading,the administration of poison
and other activities that would lead to the decimation of this ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create no affordable housing for the
local community!
Mahalo,
Theresa and Marvin Condotta
6645KWaipouli Road
Kapaa Hl 96746
425-210-7340
Terri Condotta
c:425.210.7340
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
kassandra.silva9@gmail.com
Friday,August 6,2021 7:32 AM
Planning Department
Re:Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click llnks or open attachments even ifthe sender is known
to you unless It is something you were expecting.
To the Subdivision Committee of The Kauai Planning Commission
1 OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032 scheduled
for hearing by the Subdivision Committee of the Kauai County Planning Commission at
8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind cave
spider,found nowhere else in the world.Portions of the TMK have been designated by the
Department of the Interior as protected habitat for the endangered species.It is also a
recognized Hawaiian burial site and replete with traditional and culturally sensitive historic
practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the
last remaining ecosystem on the planet for at least 2 Endangered species -the
Endangered Kauai Cave Wolf Spider (Adelocosa Anops)and the Endangered Kauai Cave
Amphipod (Spelaeorchestia Koloana).These creatures exist only in Koloa -the lava
tubes and areas running under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the building of
280condominiums.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the
administration of poison and other activities that would lead to the decimation of this
ecosystem and listed Endangered Species.
This proposed development will also worsen the critical housing problem as it will create
no affordable housing for the local community!
Mahalo,
Kassandra Silva
(512)502-2698
Kristen Romuar-Cabico
From:
Sent:
To:
Subject:
Jordan Lemke <jlemke2015@yahoo.com>
Friday,August 6,2021 11:19 AM
Planning Department
Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION;This email originated from outside the County of Kauai.Do not click links or open attachments even ifthe sender Js known
to you unless it is something you were expecting.
I OPPOSE the Consolidation and planned Subdivision of TMK (4)2-8-014:032
scheduled for hearing by the Subdivision Committee of the Kauai County
Planning Commission at 8:30 am,8/10/2021.
TMK (4)2-8-014:032 is home to endangered species,including the Koloa blind
cave spider,found nowhere else in the world.Portions of the TMK have been
designated by the Department of the Interior as protected habitat for the
endangered species.It is also a recognized Hawaiian burial site and replete with
traditional and culturally sensitive historic practices.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical
Habitat'and the last remaining ecosystem on the planet for at least 2
Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa
Anops)and the Endangered Kauai Cave Amphipod (Spelaeorchestia
Koloana).These creatures exist only in Koloa -the lava tubes and areas running
under and adjacent to this property (TMK (4)2-814:32).
The agenda item on the Planning Commission lists the proposed activity -the
building of 280 condominiums.
In sum -OPPOSE any activities on this property including:drilling,
grubbing,grading,the administration of poison and other activities that
would lead to the decimation of this ecosystem and listed Endangered
Species.
This proposed development will also worsen the critical housing problem
as it will create no affordable housing for the local community!
Mahalo,
Jordan Loudon
Kristen Romuar-Cabico
From:
Sent:
To:
Subj'ect:
Natalia Wyrd <nrobanhode@outlook.com>
Friday,August 6,2021 12:07 PM
Planning Department
Planned subdivision and consolidation project S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Hello,
1 would like to voice that 1 oppose the planned cpnsolidation and subdivision of TMK (4)2-8-
014:032.The building of work housing for this purpose takes up land and makes it
unavailable for the local community and contributes to gentrification.This land is also
designated as a critical habitat for endangered species,making this project untenable for
multiple reasons.Please take these comments into consideration during the hearing on
this project on Tuesday,August 10th.
Thank you,
Natalia Wyrd
Kristen Romuar-Cabico
From:
Sent:
To:
Cc:
Subject:
Anne English <anne.w.english@gmail.com>
Friday,August 6,2021 11:15 AM
Planning Department
Anne English
Re:Agenda Item l-1c,Subdivision application:S-2021-7
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the
sender is known to you unless it is something you were expecting.
Aloha,
I am a long-time (35 years)resident of Kauai and 1 oppose the Consolidation and planned Subdivision of TMK (4)2-
8-014:032 scheduled for hearing by the Subdivision Committee of the Kauai County Planning Commission at
8:30 am,8/10/2021.It's time to stop all this building and developing every last piece of land left on the
beautiful island of Kauai.
MK (4)2-8-014:032 is home to endangered species,including the blind cave spider,found nowhere else in the
world.Portions of the TMK have been designated by the Department of the Interior as protected habitat for the
endangered species.It is also a recognized Hawaiian burial site and replete with traditional and culturally
sensitive historic practices.Why would anyone build here?!!
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining
ecosystem on the planet for at least 2 Endangered species -the Endangered Kauai Cave Wolf Spider and the
Endangered Kauai Cave Amphipod.These creatures exist only in Koloa -the lava tubes and areas running
under and adjacent to this property (TMK (4)2-814:32).
Please protect our natural places on Kauai.We have enough condos,we have enough hotels,we have
enough buildings!It's time to slow down and let the island of Kauai be.Our children deserve undeveloped
places to enjoy on Kauai including endangered species to discover.
Respectfully,
Anne English
PO Box 389
Lawai,HI 96765
(808)635-7884
Kenneth Estes
From:
Sent:
To:
Subject:
Planning Department
Tuesday,August 3,2021 4:24 PM
Kenneth Estes
FW:S-2021-7 Yellow Hale LLC Aug 10
From;Elizabeth Okinaka <elizabeth.eolakakouhawaii@gmail.com>
Sent:Tuesday,August 3,2021 4:04 PM
To:Planning Department <planningdepartment@kauai.gov>
Subject:S-2021-7 Yellow Hale LLC Aug 10
CAUTION:This email originated from outside the County ofKauai.Do not click links or open attachments
even if the sender is known to you unless it is something you were expecting.
Aloha on behalf of E Ola Kakou Hawaii 501 (c)(3)we would like to raise concerns pertaining to agenda
S-2021-7 Yellow Hale LLC for the August 10th 2021 agenda.
Ifyou go to the following link betw'een pages 56-70 you will find the Yellow Hale subdivision
committee agenda item I-lc.No where in the Planning Department Staff Submittal to the committee is
there any recognition or mention ofthe important fact that this TMK 2-8-04:032,41 now,containing
lots A and B are part ofmultiple Historic Sites.And critical habitat for both the Koloa Cave Spider and
Koloa Cave Amphipod.
https:/.'vvww.kauai.eovonline.or.e,/WebLink/'DocView.aspx?id=2822301&dbid=0&repo=LF-
IiVIAGING&cr-l
The Koloa Cave System (which contains many noted burial chambers and lava tubes)is noted as
being "One ofthe most critically endangered cave ecosystems in the world"-1976 EIS Kiahuna Golf
Village referred to this area as a "tomb".
The restricted area where these animals occur is rapidly undergoing
development.The shallow cave habitat is degraded or destroyed through
surface alterations such as the removal of perennial vegetation,soil
fill,grading,paving,and other activities associated with development
and agriculture.In fact,the Koloa cave systems are considered to be 1
of the 10 most endangered cave ecosystems worldwide (Culver in litt.,
1998).These animals are also increasingly at risk from predation and
competition for space,water,and nutrients by introduced,alien
animals;biological and chemical pesticide control activities
associated with residential and golf course development;and an
increased likelihood of extinction from naturally occurring events due
to the small number of remaining individuals and populations and their
limited distribution.
The Koloa Field System An aquifer system utilized by Native Hawaiians.This helped supply food to
the villages in Koloa.
https://files.hawaii.gov/d!nr/cwrm/sjjbmittal/2015/sb20150428hl.Ddf
Critical habitat for endangered species
There is no recognition or mention of the fact that this area is the subject of a Federal Court Order
that requires an endangered species survey of the parcel prior to any development.Of significant
concern is the fact that the County is requiring the developer to conduct rodent irradiation before
development without any reference to the known endangered species in the area or any guild lines
for any method that could be used for rodent irradiation that would not impair the spiders.
2014 USFWS response statine there is indeed critical habitat on portions ofthe property
httDS://luc.hawaii.Bov/wp-content/uploads/2014/01/A76-418-OP-Exhibit-C-D-E.Ddf
April 9,2003,the USFWS designated 272 acres in southern Kauai as critical habitat.One year earlier,
the agency had proposed that 4,193 acres should be designated as critical habitat,but changed the
proposal because it would have been very costly to private landowners in Hawaii.
Also equally concerning is the validity of the fact that Cultural Surveys Hawaii never performed a
proper survey for this property!Not only was it completely inaccessible at the time of the brief survey
that Missy conducted,she stated to me personally that "The lot must be cleared by hand and have a
full team survey done because it was such a culturally sensitive area!."Multiple Lineal Descendants
and cultural descendants have come forward and SHPD is not doing the proper protocol of identifying
them as descendants!Kauai Island burial specialist Kauanoe Hoomanawanui's own mother Moana
Kinimaka manages Wainani subdivisions,poipu estates and has deep conflicts of interest because of
this.We personallytookSHPD,DLNR and DOCARE and nothing ever became ofthe complaints filed!
They can t even give me a reference number for my complaint!We've been asked to provide birth
certificates for people born in the 1700-lSOOs!We've proved full lineal descent to Chief Palikua and
his family who are buried in that property in.
Shortened agenda for the Aug 10 Planning meeting
httDS://www.kauai.gov/Portals/0/Planning/meeting agendas/2021-08-
10%20Planning%20Commission%20Agenda.PDF?ver=2021-07-29-115735-323
1976 EIS-
nilp-eQ'-.i.cion.iia'Aa^.go'/'eA c'i
Copy of complaint filed with SHPD,DLNR,and Kauai Planning Department (may 9 2021 *see attached)
Aloha State Historic Preservation Division,
RE:TMK 2-814:32,41
Please accept this formal complaint,filed by E Ola Kakou Hawaii on behalf of
traditional and cultural practitioners ofthe Kona moku who are requesting the
State's immediate investigation and intervention to stop the developer
violations of State law as set forth in the attached cease and desist Order.
That Order was served on Monday April 26,2021 on the developer and their
agents:Meridian Pacific Ltd.,Geolabs Inc.and Earthworks Pacific Inc..A copy
was also served on the Kauai police department.
The TMK identified above is the site for a purposed development of 300 condominiums.Prior to any
work on the property,members ofour organization contacted David Buckley,the Kauai archeologist
for the State.We informed Mr.Buckley that this site contains a particularly sacred heiau,3 burial
mounds,has a natural spring and is part of the prehistoric Koloa Field System.We were on site when
a cultural and archaeologic consultant with Cultural Surveys Hawaii,Missy Kamai,attempted to
conduct an onsite inspection for the developer in Feb.2021.Ms.Kamai informed us that she could
also see the evidence of a rock formation suggesting the presence of a heiau,a wall consistent with
an 'auwai.In 2008 there was a proposed development near the current site that was stopped because
of its proximity to the Hapa Trail.Ms.Kamai told us that she could not do an adequate archeological
assessment because ofthe dense tall vegetation.
This past Sunday and last week a bulldozer was brought on the property to clear even though the vice
president of Meridian admitted that they did so without any grubbing or grading permit.As the
pictures detail in the following dropbox link,the heiau pohaku and the 'auwai wall were crushed in
the process.Because the grasses were never cleared with smaller hand tools,there is no way to know
how many artifacts may have been damaged or destroyed.We need your help and we need it now.
There has been an obvious desecration of the burial mounds and the developers agent confirmed the
high water table causing us serious concern for the safety of the Koloa aquifer.We are also concerned
that the developer has encroached on the habitat for the endangered Koloa blind cave spider
endemicto Koloa.
httj3S:/'/www.droobox.com/sh/i23nrgb01wvql7h/AAC7gcxFpbTazuNWaaP2eFAIa?dl50
Please don't hesitate to contact us if you need any additional information.
Mahalo nui loa,
Elizabeth Okinaka
*Drop box links
httDS://www.dropbox.com/sh/i23nrgb01wval7h/AAC7gcxFobTazuNWaqP2eFAIa?dl=0
httDS;/7www.dropbox.com/sh/f8oxqbl3gto48nm/AADOsL)qClHCaaigit4Q^xyoea?d!=0
httDS://www.dropbox.com/sh/5bsd7td2crcOOhe/AAAC-eLub4aLu9httkcv-wEva?dl=0
Kiahuna player llc
https://Droiects.Drooublica.org/coronavirus/bailouts/loans/kiahuna-Dlayers-llc-
7614477209?fbclid=lwAROKgQRD81CNlF-jBklCVVbkl88mA3 b571d721n5PL2vgb72391uSfcFSQ
New owners
hfrtDS://www.theeardenisland.com/2002/Ol/30/news/new-owner-for-kiahuna-golf-
club/?fbclid=lwAR2yobqshLKippE8D8klPuClaYONwVIZvXJQJAQfiX14iDLfRLGWNn6UUI
wVIZvXJQJAQfiX14iDLfRLGWNn6UUI
Previous devlopers
https.7/dltvxue8o4w0fl.cloudfront.net/case/kiahuna-kanahiku-llc-v-wind-ridge-jsland-
DroDS?fbclid=lwAROknae-C6EEOQKinvfh9SrNMOZGDYbkaMmGFIoRjw3M3MPil9eR7S39klk
Spider links
https://dlnr.hawaii.gov/wildlife/files/2013/09/Fact-Sheet-Kauai-Cave-
arthroDods.pdf?fbclid=lwAR03xpLvMQEE3oWxozfdfrZJz4KD ulhbQx2HsRbZRqWa049Do3vKUiaoM
httDS://ecos.fws.gov/ecD/species/7122?fbclid=lwARlmGYplFnoEI kOvk7RziozrmUxiv6rwBrZQiClmcKL
TtVurOTKWCvoswU
https://www.federalreBister.gov/documents/2003/04/09/03-8180/endangered-and-threatened-
wildlife-and-plants-designatjon-of-critical-habitat-for-the-kauai-
cave?fbclid=lwAR3ClviuvukeXMHKel4sX3nvE6atvmbEwLOzAYrtKcZ-fNKKakMaCt 1COI
httos://www.federalregister.gov/documents/2020/03/ll/2020-04942/endangered-and-threatened-
wildlife-and-Dlants-initiation-of-5-year-status-reviews-for-129-soecies-
in?fbdid=lwAR31o7YRsSx87KeN5Y16UobDDUdOODWfJcW9n2gYv9ecw9jlZzHs8omRGac
Propertv sale site
https://www.kauanoekauai.com/Custom/Home
httos://www.facebook.com/KauanoeKauai/
https://www.meridianpacific]td.com/kauanoeokoloa
petition 35k signed
!3tt.E>i-L/Z.''v''''-w;l::l'1<:inse,org/p/stop-kauanoe-o-l<oloa
Land use Commision docket A 76-418
hrtps://luc.in3wa;;,sOv/wp-con;ent/UDioja5/2014/)JJ/:A76-^J.3 Moafia-Cofporation 00 7-J.l
1977,oar
Bill ofparticulars
https://luc.hawaii.gov/wp-content/uploads/2014/03/A7D-418 Moana-Corporatioji_oiil^p_f:
Pa rtic yl a rs S_-16-1990.pd f
*0rders granting a petition to intervene
htt&s://luc.hawaii.gov/WD-content/yploads/2014/Q3/A76-41S Moana-Corporation DO-Grant-
Petitions-to-lntervene 5-29-1996.Ddf
Motion to amend/delete conditions
https://luc.hawaii.gov/wp-content/uploads/2014/03/A76-418 Moana-Corporation DO-Grant-
Kiahuna-Amend-Cond-9-Knudsen-9a 3-25-2004.Ddf
Motion to withdraw
https://luchawaii.gpv/wp-content/uploads/2014/03/A76-418 Moana-
Corporation Kiahuna Withdraw-Motion-to-Delete-Conditions 7-20-2009.pdf
*2012 motion to delete conditions
https://luc.hawaii.gov/wp-content/uploads/2014/01/A76-418-Motion-to-Delete-Conditions-5-7:
12,pdf
2014
https://luc,hawaii.gov/wp-content/UDloads/2014/03/A76-418-ORDER-GRANTING-RQST-TO.
VVITHDRAW-MOTION.Ddf
State filings
https://luc,haw3ii.gov/wp<ontent/uploads/2014/01/A76-418-OP-Resp_onie^to_fvlo^on^h4^14:
FINAL.pdf
Maps
https://luc,hawaii.gov/wp-content/uploads/2014/01/A76-418-OP-EXil[BrrA-ai-ia^B-_LVla&^£dj:
*USFWS/DOT response
hrt£i_//iuc.hawaii,gov/wp-content/up!oaci'5/2014/pl/A76-418-OP-Exhibit-C-0-c_£d.r
This lot was is part of the land called "sports shinko"property.Owned by investors from japan.The
kiahuna golf development had a major lawsuit involved with them.It sold to 2 different owners
within days.
http://archives.starbulletin.com/2003/04/16/business/index4.html
https://www.bjziournals.com/pacific/stories/2002/12/16/storv5.html
httDS://www.casemine.com/iudeement/us/5914b43dadd7b0493476b373
httD://the.honoluluadvertiser.com/article/2003/Apr/15/bz/bz03 a.html
2008 wainani subdivision approved burial cave destroved -investors go bankruot 2010 new
investors buy
buy
httDS://www.google.com/amD/s/www.staradvertiser.com/2010/10/06/business/mainland-firm-buvs-
troubled-kauai-lots/amp/
httos://www.thegardenisland.com/2010/12/06/hawaji-news/the-devil-is-in-the-details-behind-some-
reaj-estate-auctjons/
2013 forsale again
ht'tDS://www.biziournals.com/Dacific/news/2013/08/26/kauais-kiahuna-golf-course-for-sale.html
Aloha
Elizabeth
8086357520
Kenneth Estes
From:
Sent:
To:
Subject:
Shanlee Jimenez
Wednesday,August 4,2021 8:08 AM
Kenneth Estes
FW:Oppose Subdivision of Critical Habitat Lot TMK (4)2-8-014:032
From:Planning Department <planningdepartment@kauai.gov>
Sent:Wednesday,August 04,2021 8:04 AM
To:Shanlee Jimenez <sjimenez@kauai.gov>
Subject:FW:Oppose Subdivision ofCritical Habitat LotTMK (4)2-8-014:032
From:Alex Stoddards <alexkstoddards@gmail.com>
Sent:Tuesday,August 3,2021 5:18 PM
To:Planning Department <planningdeDartment@kauai.eov>
Subject:Oppose Subdivision of Critical Habitat Lot TMK (4)2-8-014:032
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments
even if the sender is known to you unless it is something you were expecting.
AUG 3 2021
planninedspartmentfgl.kauai.eov
To the Kauai Planning Commission
Re:Subdivsion application:S-2021-7
I OPPOSE the Subdivision ofTMK (4)2-8-014:032
It has come to my attention that there is a proposed subdivision ofan environmentally sensitive and culturally
significant parcel scheduled for the Aug 10 Planning Commission meeting.
This parcel has been listed by the US Fish and Wildlife Service as 'Critical Habitat'and the last remaining
ecosystem on the planet for 2 Endangered species -the Endangered Kauai Cave Wolf Spider (Adelocosa Anops)
and the Endangered Kauai Cave Amphipod (Spelaeorchestia Koloana).To reiterate -these creatures exist no place
else on earth except for in Koloa -the lava tubes and areas running under and adjacent to this property (TIS4K (4)2-
814:32)
The agenda item on the Planning Commission lists the proposed activity -the building of 280 tourist condominiums
It is impossible to imagine the Planning Commission or the County ofKauai taking any steps toward the building of
condos or development ofthis important property.
**This is not the Kauai that anyone has come to expect and not the Kauai that any other place in the world imagines.
We are seen as an ecologically-minded,climate change and sustainability-focused location -there could be nothing
worse actually or in terms ofperception than for the County to approve any motions that would allow for an area
designated by the USFWS as critical habitat and 2 species to be destroyed,to build tourist condos.
This doesn't begin to cover the cultural issues related to Ivvi Kupuna and burials,ofwhich there are many relating to
the property.
In sum -OPPOSE any activities on this property including:drilling,grubbing,grading,the administration ofpoison
and other activities that would lead to the decimation ofthis ecosystem and listed Endangered Species.
Sincerely,Alex Stoddards