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BOAT RAMP NO RESORT
FOR PUBLIC BOATERS
By Carroll E. Cox,
EnviroWatch, Inc.
Over the past few months EnviroWatch, Inc.
received numerous calls from boaters and shoreline fishermen saying they
were being turned away from the boat ramp at Ko Olina Resort where they
normally go to fish or launch their boats. This caused us concern
because it is our understanding that access to the shoreline is a public
right.
One boater also claimed Ko Olina told him the ramp
was closed because they had started working on their new aquarium. We
subsequently found a letter from Ko Olina Resort & Marina addressed to
the general public, stating: “The Ko Olina boat ramp which has been a
temporary private boat ramp with public use has closed. The ramp
closure is required for our resort’s continued development and marina
expansion”. The letter included a map to a new ramp at the Marisco
Facilities (also known as Phoenicians), across the bay in Kalaeloa, or
Campbell Industrial Park.
This started us on a mission to research the
background and history of Ko Olina’s development and, in particular,
their agreements with city, state and federal agencies. We looked into
files and records from various government offices and found documents
indicating that, in exchange for reclassifying the land from
agricultural to a resort district, West Beach Estates (the original
developer) and Ko Olina Resort agreed to give the public access to the
shoreline, lagoons and a boat launch ramp.
We believe this agreement has been violated, and
the proposed alternative is a breach of the permit conditions.
DOT your I’s…….
First, information regarding the Phoenicians boat
ramp. A letter dated March 11, 2005, from the Hawaii State Department
of Transportation (DOT), to Mr. Fred Anawati, Phoenician, L.L.C., states
“the Harbors Division received inquiries from recreational boaters about
a public launch ramp and, “if this is true, cease this activity
immediately”. It notes that Phoenician, L.L.C. only has a Construction
Right-of-Entry agreement, dated October 31, 2001, to install a “haul out
slip for a small boat repair facility”, and “Phoenician, L.L.C. may do
nothing else until a lease is signed”. Several weeks later we noted
boats were still being launched from the site.
So, where does that leave the public?
EnviroWatch, Inc. is attempting to sort out the mess. Our initial
inquiry to the Department of Boating and Recreation’s (DOBAR)
Administrator, Mr. Richard Rice, was met with enthusiasm about how great
an idea it was to replace Ko Olina’s ramp with the one at Phoenicians.
We were even more concerned after that, and filed a formal letter under
the Uniform Information Request Act asking for all records relating to
DOBAR’s involvement with Ko Olina and Phoenician, L.L.C. To date we
have not received a single document, even after faxing the request a
second time, telephoning DOBAR several times, and meeting with the
Department of Land and Natural Resources Chairman, Mr. Peter Young, to
request the information. (DOBAR is under DLNR).
Mind your DPP’s and Q’s
Then, things became even more muddled. On March
21, 2005, we spoke with Eileen Mark, Branch Chief, Land Use Approval
Branch, Department of Planning and Permitting (DPP). She informed us
that she “knew nothing” about the situation and “knew nothing” about the
Phoenician facility. We thought something was amiss with this statement
so we conducted a more thorough investigation to get the facts. We
examined the Phoenician’s Major Special Management Area Permit file
(2000/SMA-84) and found documents indicating that Ms. Mark was not only
familiar with Phoenicians, she also served as the hearing officer at
public hearings for the Phoenician’s Special Management Area Permit
(SMP). Documents also revealed that she oversaw the work of DPP staff
person Ardis Shaw-Kim, who processed the application.
When asked again, Ms. Mark told us that certain Ko
Olina files were not available and could not be found. She has
consistently refused to provide us with the public documents we
requested under the UIPA, including POSSE documents (from DPP’s computer
system). Our suspicion of a governmental cover-up was heightened when
she told us that the zone change file (number 85/Z-3) was “lost”. The
file dates back 20 years, so we questioned why DPP did not have a
back-up copy of the original hardcopy file, for example on microfilm.
This should have been a standard procedure for government agencies.
And, if the DPP did microfilm the file, why isn’t the microfilm
available to the public? We believe the “lost” zone change file may
contain documents that could help gauge actions taken in compliance with
the approvals, and other documents that may clarify the facts and
issues. These documents, if available, may contain information that
will protect the public’s interest.
…and Cross your
t’s
During our research into Phoenician’s Major SMA
Permit file, we obtained revealing information from five years ago,
showing that Ko Olina has been making plans to move the ramp to
Phoenicians for at least that long. A letter dated December 15, 2000,
from Ko Olina’s agent, Kusao and Kurahashi, Inc., and addressed to Ms.
Mark, is entitled “Ko Olina Update on the Preparation of Easements to
the Parks and Lagoons and the Progress on Providing a Replacement Boat
Ramp and Trailer Parking Site for the Ko Olina Boat Launch Ramp and
Parking”. The letter states, “We are continuing to work with the
Phoenician L.L.C. to provide a replacement boat ramp and trailer parking
site on the southern side of the entry to Barbers Point Deep Draft
Harbor”.
Another letter in the file, dated February 9, 2001,
from the Department of Business, Economic Development & Tourism, to Mr.
Robert Foster, concerns Coastal Zone Management (CZM) consistency for a
proposal to construct a boat launch ramp at Phoenicians, and states “The
proposal specifies that the boat ramp, which is subject to cost sharing
with the Ko Olina Companies and could be eliminated from the project,
would be open to the public and parking and a comfort station for public
use would also be provided”. (Mr. Foster is a former DPP employee who
is now working for PlanPacific, the agent for the Phoenician’s SMA
Permit).
Mix it up
Although the proposal to “replace” the public boat
launch ramp at Ko Olina Marina with a boat ramp at Phoenicians has a
direct impact on Ko Olina’s development, copies of the letters were not
filed in the Ko Olina SMP File (85/SMA-89), or in the Ko Olina
Conditional Use Permit file for the Marina Facility (95/CUP1-82),
thereby inhibiting the public’s access to important information
regarding Ko Olina’s plans and proposals.
Furthermore, as previously noted, a public boat
launch ramp at Phoenicians has not been authorized by DOT. Phoenicians
is only authorized as a “small boat repair and LPG facility located
within an industrial subdivision”. It is not authorized for use as a
public boat ramp by the SMP (Special Management Area Permit).
Therefore, the proposal to “replace the Ko Olina
ramp facility with a ramp at Phoenicians” represents a “Major Change in
Circumstances” under which the Ko Olina SMP, zone change and SLUC
boundary change were processed, reviewed and approved. The City Council
was the decision making authority on the Ko Olina (Resolution No. 86-61,
March 12, 1986) and the Phoenician’s (Resolution No. 01-85-CD) SMA
permits. Because it is a provision of the CZM, we believe the DPP has
an obligation to bring the proposal to close Ko Olina’s boat ramp before
the City Council, and the public, so that the issue of public access to
recreational resources can be revisited.
Alphabet Soup
We uncovered documents showing a history of
complaints about public access to Ko Olina’s beaches, lagoons and boat
ramp. Now, there are even more complaints due to the public being
turned away from the public boat launch ramp at Ko Olina’s Marina. As a
result of our research and discoveries, we sent a letter to Mayor
Hannemann stating “Although our investigation is not complete, we have
uncovered instances of governmental misconduct that requires your
immediate attention. We ask that, until a proper investigation is
conducted and completed, the DPP be instructed to cease any further
authorizations of uses/activities at Ko Olina. We also ask that DPP be
ordered to reestablish public access to the Ko Olina Marina and other
public access points.”
We have not received a response from Mayor
Hannemann, and DPP continues to withhold documents relating to this
matter. DPP told us they are looking into the matter, they are
reviewing the documents, and they will get back to us. However, the
documents we’ve obtained clearly speak for themselves and the agreements
are binding. DPP’s excuse for withholding documents is nothing more
than a delaying tactic, illustrating their unwillingness to do right by
the people.
On April 6, 2005, we again petitioned Mayor
Hannemann on behalf of EnviroWatch, Inc. along with recreational boaters
and fishermen along the Waianae Coat and elsewhere on Oahu, asking him
to intervene to ensure compliance with the intent and provisions of the
original Major Permit’s approval and agreements, to enforce the
developer’s Unilateral Agreement, and to enforce the Council Resolution
which approved the West Beach Estates’ resort development. Compliance
can only be achieved by requiring Ko Olina to immediately re-open the
boat launch ramp to public access.
And Try Again
On April 10, 2005, we amended our complaint to
Mayor Hannemann, informing him that the public access boat ramp at Ko
Olina is permanently closed and is in the process of being demolished.
The ramp has been permanently blocked with a chain link fence, erected
and affixed with cement footings and a foundation. During our research
we did not find a building permit for the fence, and, on April 13, 2005,
we were advised by a building inspector that he conducted a site visit
and found that the fence was put up without a permit. A notice of
violation has been sent to Ko Olina.
We were also told that the ramp itself was under
the jurisdiction of the United States Army Corps of Engineers. Based on
this, we filed a formal complaint with the Corps, asking them to
investigate the matter because we believe Ko Olina’s closure was a
breach of its permit with the Corps. Specifically, we believe they are
in breach of permit conditions required by Department of the Army Permit
#PODCO-01512-30, dated September 9, 1986, issued to West Beach Estates.
On April 13, 2005, Mr. Barry Fukunaga, from DOT,
wrote a letter to State Senator Espero. The letter says that, in the
opinion of the Attorney General, “On the matter of the Ko Olina boat
ramp closure, there was no finding that Ko Olina is legally compelled by
the state to provide the boat ramp and its closure does not result in
any violation insofar as the state is concerned”. However, in a
letter dated December 20, 1995, from PBR Hawaii, an agent for the
original developer of Ko Olina, to the Director of Land Utilization
regarding their application for a Conditional Use Permit, PBR says
“according to STATE LEASE No. H-89-1 (issued by the State DOT), the
LEASE provides for the joint use of the Barbers Point Harbor and
entrance channel and the rights of ingress and egress. To provide
enhanced public access to coastal resources and shoreline area, the
applicant is proposing to construct a boat launch facility with trailer
parking and a wash-down area open to the public”. Clearly, the State is
involved in this issue.
The Last Resort
We hope the Mayor and Ko Olina will do what is
right, welcoming the public boating community back to Ko Olina, and once
again allowing them to use the boat launch facility. If not,
EnviroWatch, Inc. is prepared to file a Motion to Show Cause with the
State Land Use Commission. The Commission originally granted the
reclassification of the land from agricultural use to resort use,
allowing the development to occur with the condition that Ko Olina give
the public access to the shoreline and boat launch ramp.
Ko Olina got seventy-five million breaks from
Governor Lingle and the legislators. Now, we think Ko Olina, Mayor
Hannemann, and the legislators should be giving the public boating
community a break!
The story is not over yet. We will keep you
informed in the next issue.
Contact Carroll Cox, EnviroWatch, Inc., via email
at
envirowatch@envirowatch.org,
or 808-625-2175
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