{"id":16483,"date":"2025-04-30T17:18:48","date_gmt":"2025-05-01T03:18:48","guid":{"rendered":"https:\/\/www.environment-hawaii.org\/?p=16483"},"modified":"2026-01-23T15:06:13","modified_gmt":"2026-01-24T01:06:13","slug":"board-talk-uxo-permit-lahaina-shoreline-easement-and-a-cat-sanctuary-permit","status":"publish","type":"post","link":"https:\/\/environment-hawaii.org\/?p=16483","title":{"rendered":"BOARD TALK: UXO Permit, Lahaina Shoreline Easement, and a Cat Sanctuary Permit"},"content":{"rendered":"\n

Board Members Question Progress<\/strong> Of Army Corps Ordnance Clearing<\/strong><\/h2>\n\n\n\n

At its April 11 meeting, the state Board of Land and Natural Resources approved a right-of-entry permit to the U.S. Army Corps of Engineers for remediation work on about 4,000 acres on O\u02bbahu and Hawai\u02bbi island classified as formerly used defense sites (FUDS).<\/p>\n\n\n\n

The eight properties involved \u2014 totaling about 2,000 acres on each of the two islands \u2014 are in addition to the nearly 30,000 acres that were included in a similar ROE permit granted by the Land Board last year.<\/p>\n\n\n\n

Before voting to approve last month\u2019s permit, board member Vernon Char repeated complaints he raised last year about the slow rate of progress and the paucity of information provided to the board on cleanup activities.<\/p>\n\n\n\n

\u201cIt seems the authorization is only for you to go out and search and report back, not remove. \u2026 At this rate, I\u2019m quite concerned by any future request by the feds for military training when we\u2019ve got all these [uncleaned] areas. \u2026 What has been done in the last two years? Have you searched? Found anything? Done anything?\u201d he asked representatives from the Corps attending the Land Board meeting via Zoom.<\/p>\n\n\n\n

Benjamin Konshak, a geophysicist with the Corps, replied that the agency has done field work (i.e., transect surveys with metal detectors, sample digging), remedial investigation and design activities for shoreline areas running from approximately Anaeho\u02bbomalu Bay up to Kawaihae Harbor on the west side of Hawai\u02bbi island, totaling a couple thousand acres, he said.<\/p>\n\n\n\n

\"\"<\/a><\/figure>\n\n\n\n

\u201cA lot of these areas had cleanups in the past. We need to understand where to spend our annual funding \u2026 for future remediation,\u201d he said. That work includes reviewing national archives material to help determine what the nature and extent of the military\u2019s use of the land was, he added.<\/p>\n\n\n\n

Going further back, he said, above Hapuna beach, hand grenades and mortars have been removed. <\/p>\n\n\n\n

\u201cSome of the transect investigation work in the last couple of years found munitions debris or parts and pieces of munitions in some areas,\u201d he said. <\/p>\n\n\n\n

He added that the Corps has also identified areas where \u201cwe have not found any evidence of use.\u201d Specifically, he mentioned that national archive research found that Parker Ranch did not lease portions of the shoreline in the Waikoloa Maneuver Area. <\/p>\n\n\n\n

\u201cWe\u2019re building the evidence in these areas to also reduce our footprint and relieve some of the impact to the community and the landowner, as far as when you\u2019re passing title or \u2026 developing a project, having to think about the risk of munitions,\u201d he said.<\/p>\n\n\n\n

Richard Tanaka, also with the Corps, said that at the end of 2023, it \u201cclosed out\u201d an 11,200-acre area east of Waimea town called Pu\u02bbukapu. \u201cWe found no evidence of use. Therefore, we were able to remove that from the FUDS inventory,\u201d he said.<\/p>\n\n\n\n

Most of that land is Hawaiian homestead land.<\/p>\n\n\n\n

\u201cYour work has certified there\u2019s no unexploded ordnance. DHHL awarded pastoral, residential, and agricultural leases at Pu\u02bbukapu over the last 40, 50 years. With your certification that there is no unexploded ordnance present, it enables the awardees \u2026 to apply for and be approved for housing and urban development and FHA loans. Is that your understanding?\u201d Hawai\u02bbi island board member Riley Smith asked.<\/p>\n\n\n\n

\u201cI believe that\u2019s the case,\u201d Tanaka said.<\/p>\n\n\n\n

Board member Char asked about the Pali Training Area on O\u02bbahu, where some of the lands under the ROE permits are located.<\/p>\n\n\n\n

\u201cMaunawili. I go hiking there all the time. This [area] has been on the list, been investigated for some activity, since 1943. That\u2019s 80 years ago. And that is a current area under your ROE. Has anything been done on that or anything been planned?  \u2026 Every year, we add on more areas. I see no subtraction or progress,\u201d he said.<\/p>\n\n\n\n

In 2012 and then in 2017, the Army Corps found and removed a total of 33 unexploded ordnance items, according to the Corps\u2019 Kevin Pien.<\/p>\n\n\n\n

Char asked if there was some kind of record that shows the original FUDS areas, what\u2019s been found or cleared, and what areas remain?<\/p>\n\n\n\n

Pien said there are reports documenting the work that\u2019s been completed.<\/p>\n\n\n\n

When Chang asked whether those reports come to the Department of Land and Natural Resources, Mike Ferreira of the agency\u2019s Land Division confirmed that they do. <\/p>\n\n\n\n

\u201cI\u2019ve been trying to get all the DVDs out of them and trying to put it on an archive so we can just look \u2018em up on a database,\u201d he said, adding that the state Department of Health also receives the reports.<\/p>\n\n\n\n

\u201cJust because they\u2019re not answering the way you want it doesn\u2019t mean I don\u2019t have a report,\u201d he said.<\/p>\n\n\n\n

Board chair Dawn Chang advised the Corps representatives that in the future, they should provide the board with a report on what\u2019s been completed since the previous right-of-entry permit was approved. <\/p>\n\n\n\n

\u201cI think board member Char raises a good point. \u2026 Give us an update on what was done over the past year so we have a running record,\u201d she said.<\/p>\n\n\n\n

Especially since the military is requesting new leases, Char added, referring to leases for training areas \u2014 at Pohakuloa on Hawai\u02bbi island and Kahuku, Makua, and Poamoho on O\u02bbahu \u2014 that are set to expire in a few years. Last month, the Army published its final environmental impact statement for its continued training at Pohakuloa.<\/p>\n\n\n\n

\u201cI\u2019m getting more and more concerned [about] granting future leases to the military in view of this 80-year history of what went on and is still not cleared as of this date. Just as a forewarning,\u201d Char said.<\/p>\n\n\n\n

\u201cAbsolutely,\u201d Tanaka replied. He said that the FUDS program does really want to try to make Hawai\u02bbi safe and appreciates the partnerships with the DLNR and others.<\/p>\n\n\n\n

Board member Aimee Barnes was not particularly appeased. <\/p>\n\n\n\n

\u201cI don\u2019t want to give you too hard of a time. I know you\u2019re just trying to do your jobs. But also, \u2026 it\u2019s sort of like I have an Airbnb and I have rented it to somebody and they’ve trashed the place, and they\u2019re coming back to me saying, \u2018We\u2019d like to work in partnership with you to clean it up and also we\u2019d like to come stay again.\u2019 \u2026<\/p>\n\n\n\n

\u201cYou have to clean up the mess that you\u2019ve made before anybody contemplates letting you come to stay again. And I think member Char\u201d \u2014 at 90 years old \u2014 \u201chas a point of view that certainly extends well before my time on just the history of the fact that these problems continue to be left unattended with little information for the board on what progress has been made,\u201d she continued.<\/p>\n\n\n\n

She encouraged the Corps to show to the Land Board what progress is being made, in \u201cvery clear, tangible language. How many acres? What are you finding? Are there areas certified as cleared? Because without that information, and just given the long history of trust-breaking between the military and folks here in the state, I think you\u2019re going to find yourself in a difficult position when leases come up in the future. Not just from the board but from the community, who we\u2019re already hearing from who are frankly not particularly supportive of that. \u2026 <\/p>\n\n\n\n

\u201cI know you\u2019re already on notice on that. Please keep that in mind and help us to help you be in the best position possible when you come to us, and you can do that by being really clear about \u2026 what you\u2019re doing and what you\u2019re achieving.\u201d<\/p>\n\n\n\n

\u201cWell said,\u201d Chang added.<\/p>\n\n\n\n

Board member Smith suggested that the Corps could present color-coded maps delineating all FUDS areas surveyed and those that have been cleared or need to be.<\/p>\n\n\n\n

He said it was not Ferreira\u2019s job to clearly convey the Corps\u2019 progress to the board. \u201cIt\u2019s the Corps of Engineers\u2019 and their contractors\u2019 job to do that,\u201d Smith said.<\/p>\n\n\n\n

Tanaka thanked the board members for their comments. \u201cWe do want to be responsive. \u2026 Me and members of my team, a lot of us grew up in Hawai\u02bbi. A lot of us do want to continue living here. \u2026 We really appreciate this input,\u201d he said.<\/p>\n\n\n\n

In response to questions from Barnes regarding concerns raised by the Office of Hawaiian Affairs about the proper care of cultural resources, Tanaka told the board that all of the FUDS projects have an archaeologist present before and after remediation activities.<\/p>\n\n\n\n

The board unanimously approved a motion from Smith to grant the permit.<\/p>\n\n\n\n

\n\n\n\n

Board Approves Permit, Easement<\/strong> For Lahaina Shoreline Encroachments<\/strong><\/h2>\n\n\n\n

As owners of shoreline lots in Lahaina who lost their homes in the 2023 wildfire seek to rebuild, some critics have questioned the prudence of allowing the return of structures that will be vulnerable to the effects of sea level rise in the foreseeable future.<\/p>\n\n\n\n

Controversy has already emerged over former Boeing executive Stanley Deal\u2019s Special Management Area permit application to rebuild the two-story Front Street home he lost in the fire.<\/p>\n\n\n\n

And at the Land Board\u2019s April 11 meeting, one testifier warned against piecemeal decision-making and urged the board to defer acting on proposed shoreline encroachment resolutions that would further plans by Mary Ann Arini and Derek Regal to rebuild their Front Street home that burned down.<\/p>\n\n\n\n

The couple\u2019s home, purchased in 2021, was built in 1953. The access to Front Street, driveway, and garage are on the adjacent lot, which the couple also owns. <\/p>\n\n\n\n

\"\"<\/a>
The home of Mary Ann Arini and Derek Regal before it burned in the Lahaina wildfire. CREDIT: DLNR.<\/figcaption><\/figure>\n\n\n\n
\n\n\n\n

A seawall, stairs, and associated pavement fronting the two properties were constructed sometime before October 1960, which makes them non-conforming uses.<\/p>\n\n\n\n

To determine the appropriate shoreline setback for their new home, the couple needs a certified shoreline. A surveyor they hired \u201clocated the shoreline at the face of the seawall and identified pavement areas, CRM stairs, and concrete stairs as encroachments within the shoreline with a total combined area of approximately 500 square feet,\u201d according to a report to the board by the DLNR\u2019s Land Division. \u201cLand Division staff and the State Land Surveyor confirmed the shoreline location and the presence of encroachments at a site visit on June 20, 2024,\u201d it stated.<\/p>\n\n\n\n

At the board\u2019s April 11 meeting, the Land Division recommended approving an immediate right-of-entry and revocable permit, as well as a 25-year, non-exclusive easement, for seawall footing, a paved pad, and stairs that are encroaching on state submerged land fronting the lot where the house used to be. The encroachments there total 192 square feet. <\/p>\n\n\n\n

The Land Division recommended a monthly rental amount of $141.00 for the revocable permit. It also recommended that the couple post a removal bond in the amount of $23,293 to be used in the event that the easement fails to also win approval from the Legislature and the governor.<\/p>\n\n\n\n

Normally, a landowner pays for the easement cost upfront, with the amount determined by an appraisal. In the case of Arini and Regal, the Land Division recommended that that amount, plus interest, be spread out over the term of the easement. Finally, the division recommended that 10 years before the expiration of the easement, the owners post a second removal bond.<\/p>\n\n\n\n

With regard to the encroachments fronting the lot that provides access to the house site, the Land Division reported that the Land Board had already granted an easement, which the Legislature approved a decade ago.<\/p>\n\n\n\n

\u201cFor reasons unknown to staff, the easement document was never finalized and recorded. However, the 302 square foot easement area is mapped and recorded as C.S.F. 25,339, dated November 13, 2013. Land Division staff will complete processing of the easement for Parcel 026 as a separate matter,\u201d the division\u2019s report states.<\/p>\n\n\n\n

In explaining the recommendations to the board, Land Division shoreline specialist Rebecca Anderson said, \u201cIt\u2019s very important that the board be informed that \u2026 this is one of fewer than a half dozen single family residences in the Front Street recovery zone that are actually owner-occupied, based on information collected by the governor\u2019s office. It may be one of only two residential properties where the owners actually live there full-time as their full-time, sole residence.\u201d<\/p>\n\n\n\n

\u201cThis [recommendation] is simply to resolve the encroachment for purposes of certifying the shoreline  \u2026 so they can get their building permits and rebuild their home so they have a place to live,\u201d Anderson said.<\/p>\n\n\n\n

Arini added that the new house will be built 40 feet from the shoreline, \u201cas far back as we can go.\u201d The house was originally 25 feet from the shoreline, she said.<\/p>\n\n\n\n

Jacqueline Lasky, an adjunct professor at the University of Hawai\u02bbi and a second-year law student testifying as part of an assignment and as a concerned citizen, asked for a deferral.<\/p>\n\n\n\n

Her written testimony cited Maui County\u2019s Lahaina Long-Term Recovery Plan, which, among other things, describes an Asset Management and Acquisitions Program to address \u201cthe significant need for acquisition of real property in the impact zone, including shoreline parcels that face development challenges due to sea level rise and other shoreline hazards.\u201d<\/p>\n\n\n\n

She also cited the county\u2019s West Maui Community Plan\u2019s policies regarding resilience, climate change, and sea level rise.<\/p>\n\n\n\n

\u201cThese are just two examples of why the Board\u2019s granting of this proposed easement and permit now is PRE-MATURE and reflects a FAILED PIECEMEAL APPROACH to construction and development on Hawai\u02bbi\u2019s fragile coastline in light of KNOWN RISKS OF CLIMATE CHANGE AND SEA LEVEL RISE,\u201d she wrote.<\/p>\n\n\n\n

\u201cSorry for your loss. I understand your desire to rebuild as quickly as possible,\u201d she told Arini and Regal at the board meeting. \u201cI just want to make sure the recovery and rebuild keep in mind the known climate change changes, sea level rise.\u201d She also stressed the need for community input.<\/p>\n\n\n\n

Board chair Dawn Chang countered, \u201cAll we\u2019re approving is not the right for them to rebuild, just to get a shoreline certification.\u201d  <\/p>\n\n\n\n

She said that the couple must still go through the county\u2019s Special Management Area permitting process and will have to do an environmental review under Chapter 343 of Hawai\u02bbi Revised Statutes. \u201cThis doesn\u2019t cut short any of the concerns you have,\u201d she said of the proposed board action.<\/p>\n\n\n\n

Arini\u2019s and Regal\u2019s consultant, Thorne Abbott of Coastal Planners, added that in addition to being more than 40 feet inland, the new 1,400 square-foot house will also be elevated.<\/p>\n\n\n\n

He also noted that the county Planning Department has met with owners seeking to rebuild \u2014 including his clients\u2014 to discuss sea level rise projections.<\/p>\n\n\n\n

Land Board member Aimee Barnes pointed out that even under very modest sea level rise, \u201cthis property will be under water.\u201d <\/p>\n\n\n\n

\u201cYou probably know this more than most people. Nothing is forever,\u201d she told the couple, and asked them to share their thoughts on the fact the easement would be for just another 25 years. “Are you okay with that?\u201d<\/p>\n\n\n\n

Regal replied that he and Arini are both over 70 years old. \u201cSo 25 years from now, I don\u2019t know whose issue it\u2019s going to be. \u2026 We completely understand that. All we\u2019re trying to do is get our home back and comply with every requirement that\u2019s been put in front of us,\u201d he said.<\/p>\n\n\n\n

Arini added, \u201cWe\u2019re in the Baby Beach Pu\u02bbunoa area. We\u2019re not disputing any scientific research that has been done. This is a little sweet spot. \u2026 It\u2019s a very calm area. My sister has owned the property, which was acquired by us a few years ago, since 2005. We have to abide by what the projections are. We\u2019re willing to take the chance, for our children as well.\u201d<\/p>\n\n\n\n

The board unanimously approved a motion by Maui board member Doreen Canto to accept the Land Division\u2019s recommendations.<\/p>\n\n\n\n

Before the vote, Barnes acknowledged that supporting the maintenance of shoreline hardening structures \u201chas not been the direction of the board for a while.\u201d However, she said she believed that wildfires are extraordinary circumstances and in this case, the landowners are \u201cgoing in with clear eyes [about] what scientists are telling us may happen. \u2026 This is an extraordinary circumstance that merits our flexibility.\u201d<\/p>\n\n\n\n

\n\n\n\n

Entry Permit Paves Way<\/strong> For O\u02bbahu Cat Sanctuary <\/strong><\/h2>\n\n\n\n

On April 11, the Land Board granted a right-of-entry permit to Popoki Place O\u02bbahu Cat Sanctuary, a nonprofit working to establish on O\u02bbahu a program similar to that on Lana\u02bbi, where cats removed from areas inhabited by protected bird species \u2014 and other parts of the island and Maui \u2014 can live out their lives on four acres of fenced land, or eventually be adopted. <\/p>\n\n\n\n

The three-month permit for 20 acres of agricultural land on Oahu\u2019s North Shore allows Popoki Place to conduct due diligence activities. <\/p>\n\n\n\n

Holly Holowach, president and co-founder of Popoki Place, told the board her organization\u2019s priority is \u201cto remove cats from sensitive areas, from the beaches and the parks, where they threaten endangered native wildlife, and to permanently house them in secure open air enclosures in a natural environment.<\/p>\n\n\n\n

\u201cPopoki Place is the the missing piece of O\u02bbahu\u2019s stray cat management puzzle and will serve as a critically needed pressure relief valve for shelters, rescuers and the community. \u2026 Everyone supports this idea. We just need land. We have been looking for the unicorn property. \u2026 We need an agricultural, pastoral land and understand it cannot be [important agricultural lands]. This AG2 property is excellent. This property has been vacant for 50 years. \u2026 We think we have found our unicorn,\u201d she said.<\/p>\n\n\n\n

She stated that their consultant Mark Howland of WHALE Environmental will be preparing the environmental assessment. <\/p>\n\n\n\n

Land Board chair Dawn Chang said the Department of Land and Natural Resources supports \u201cproviding available state land for a cat sanctuary on each island. Holly has been working very hard with our Land Division to find a suitable site, as well as working with [the Division of Forestry and Wildlife]. Part of our consideration is, we have valuable forest reserves and state parks that have cat colonies. They will work in coordination with us to remove those cat colonies from those critical habitats. It\u2019s a good partnership.”<\/p>\n\n\n\n

Holowach said that the cats are going to be happy in the sanctuary. \u201cIt\u2019s a way to save them all. We can\u2019t kill our way out of this. We can\u2019t just kill all the cats. We tried that for years. It didn\u2019t work. This is a way to try to find a way to save them all,\u201d she said.<\/p>\n\n\n\n

Board member Aimee Barnes also expressed her support. \u201cThis is a problem that seemed intractable for a long time and really shouldn\u2019t be. People at odds who care about animals. \u2026 I appreciate you guys taking the initiative putting this concept together and help to bring it to not full fruition yet. Bringing it one step closer,\u201d she said.<\/p>\n\n\n\n

She asked if Popoki Place\u2019s partnerships with the Hawaiian Humane Society and other rescue groups meant that some of the sanctuary cats would be adopted.<\/p>\n\n\n\n

Absolutely, Holowach replied, adding that all the cats will be spayed or neutered.<\/p>\n\n\n\n

DOFAW O\u02bbahu branch manager Marigold Zoll also testified in support. \u201cI\u2019ve been working with Popoki Place trying to find a location that\u2019s suitable,\u201d she said, adding that her division would be happy to provide technical support \u201cin order to benefit our protected species.\u201d<\/p>\n\n\n\n

\u2014 Teresa Dawson<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Board Members Question Progress Of Army Corps Ordnance Clearing At its April 11 meeting, the state Board of Land and Natural Resources approved a right-of-entry permit to the U.S. Army Corps of Engineers for remediation work on about 4,000 acres … Continued<\/a><\/p>\n","protected":false},"author":1,"featured_media":16492,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13,338,537],"tags":[3],"class_list":["post-16483","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-board-talk","category-land-use","category-may-2025","tag-teresa-dawson"],"_links":{"self":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/16483","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=16483"}],"version-history":[{"count":1,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/16483\/revisions"}],"predecessor-version":[{"id":16984,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/16483\/revisions\/16984"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=\/wp\/v2\/media\/16492"}],"wp:attachment":[{"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16483"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16483"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/environment-hawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16483"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}