It is horrifying that we have to fight our own government to save the environment. - Ansel Adams The earth will not continue to offer its harvest, except with faithful stewardship. We cannot say we love the land and then take steps to destroy it for use by future generations. - John Paul II

1. MAKAHA SURFSIDE, OAHU – HOLOLANI RESORT, MAUI
PURSUIT OF ENVIRONMENTAL JUSTICE IN HAWAII
ROLES AND REPONSIBILITES
FRACTIONALIZED GOVERNMENT AUTHORITY
̶ RIVALRY AND TURF PROTECTION ̶
PLACES AN ONEROUS BURDEN ON THOSE SEEKING A REMEDEY
THE “INVISIBLE HAND”
CONTROLLING GOVERNMENT
Overview
Hawaii and the nation have entered a period when the need for coordinated
participation in establishing guidelines for orderly future growth is being
recognized by all levels of government and concerned citizenry.
Hawaii's beaches and shoreline belong to the public and as such should always
be available for public use. Access to shoreline areas is at a premium.
The use of coastal waters as a receptacle for agricultural, industrial, and human
pollutants remains a subject of concern.
Given the limited land area of the islands, several plans to use the ofshore
coastal zone for aviation purposes and other functions with large spatial
requirements have been proposed. Concurrently, expansion of afuence and
leisure time have caused a signifcant increase in marine- based recreation,
thus intensifying the conficts among the multitudes of activities taking place in
the ocean or near the water's edge. In response to these pressures, an
awareness has grown on many fronts that the coastal zone cannot possibly
support all uses or users harmoniously.
More and more segments of society are now demanding that institutions be
shaped not only to meet the conficts arising from obtaining access to the use of
coastal resources, but also by the ecological factors relating to the needs of the
resources themselves.

2. It is often generalized that the policies of government instrumentalities are
ambiguous with respect to regulating activities and developments in the coastal
zone so as to conform to the best standards of public welfare.
It is frequently charged that sound bases for rational and orderly planning in
the development of the coastal zone are lacking, that common policy regarding
coastal zone legislation and efective administration at the county, state, and
national levels are presently not available, and that agency responsibility and
jurisdiction over activities in the coastal zone are uncoordinated and
overlapping to a serious degree.
PRESENT PRIORITIES IN USES OF THE COASTAL ZONE OFTEN DO NOT
REFLECT THE BEST INTERESTS OF THE PUBLIC. MANY STATE AND
FEDERAL AGENCIES HAVE OVERLAPPING AND FRAGMENTED AUTHORITY
... VARIOUS RESPONSIBILITIES FOR EACH OF ITS (COASTAL ZONE) FACETS
[ARE] FRACTIONATED AMONG FEDERAL, STATE, COUNTY AND MILITARY
ENTITIES IN HAWAII.
As a result of this OVERLY BROAD DISSEMINATION OF RESPONSIBILITIES,
THERE IS NO INDIVIDUAL AGENCY THAT CAN ESTABLISH POLICY AND
DELEGATE AUTHORITY IN DEALING WITH PROBLEMS RANGING FROM
WATER POLLUTION TO BEACH SAND REMOVAl.
[Emphasis Supplied]
As urban, resort, and residential developments have occurred in Hawaii's
coastal zone, they have brought to our society a mixture of blessings.
We have an increased amount of fabricated products and a diminishing supply
of certain products of the natural environment. Albeit we have more houses
and fne eating establishments; we also have less unpolluted water and open
spaces.
Traditionally, private land-use decisions have been and continue to be shaped
by considerations of proft maximization.

3. Public land-use decisions are also largely dictated by the principle of “highest
and best use”, most often based on the assumption that the market system is a
tolerably good provider of information on both social benefts and costs arising
from development projects. However, recent economic research has shown that
the situation in the real world is often quite diferent.
There have been several instances when decisions favoring private developers
have been taken against the wishes of the local citizenry. This is certainly one
area where THE “INVISIBLE HAND” DOCTRINE OF CLASSICAL
ECONOMICS -- which equates private selfshness with public welfare -- needs a
lot of help. [Emphasis Supplied]
As coastal development pressures continue to mount, getting the full public
beneft from land-use decisions has become an increasingly important subject
of discussion.
Considerable attention has been focused on public costs brought about by
privately initiated development projects. The most obvious form of public cost
is the loss of considerable areas of open shoreline from unimpeded public use,
despite the fact that state law clearly states that Hawaii's beaches belong to the
public and should be available for public use.
While there may be a need for further development, the relevant question
centers on the desirability of using prime shoreline areas to satisfy development
demands, while alternative sites could be used.
Presently, centralized institutions for guiding and directing coastal development
decisions do not exist. Instead, the coastal zone is subject to competing
demands, with many of the outputs being unmarketable or not directly
marketable -- for example, public coastal recreation. Thus, coastal land-use
decisions are often made by extra-market bargaining, depending on value
judgments and efective political power tactics.
Clearly, subdivision approval, zoning, and permits should be obtain- able under
well-defned rules and under clear and recognized conditions. This is especially
true for the required park-dedication ordinance.

4. Unless the rules are well defned and treated as important policy questions, it is
very likely that infuential individuals and groups interested in coastal
development will gain disproportionate benefts.
Until county lawmakers pass an acceptable park-dedication ordinance, it is
highly probable that more coastal development controversies will make
headlines. Moreover, whether such an ordinance will prove to be an efective
tool for acquiring the highly-needed open-space coastal land to serve the
interests of Hawaii residents remains to be seen.
Source: U.S. Army Corps of Engineers, Institute for. Water Resources.
August 2017, accessed April 18, 2018.
http://www.aldenst.com/wordpress/wp-content/uploads/2016/08/Hawaiian-Islands-Shoreline-
Assessment_nsms_080417.pdf
MAKAHA, OAHU
THE CITY PROPOSES A BREAKWATER TO PROTECT THE MAKAHA SHORELINE
By Diana Leone. Star Bulletin
September 3, 2001, Accessed April 16, 2018
http://archives.starbulletin.com/2001/09/03/news/story6.html
Work could begin late this year to restore a beach pounded and eroded by
waves, threatening Makaha Surfside Condominiums. Condo owners have
pushed for years for the city to protect the beach, said Bob Benson, chairman
of the Makaha Surfside's beach erosion committee.
The “pocket” beach has lost 60 feet since 1972, according to an environmental
assessment of the project.
“When you get the high surf and waves, they do splash up onto our property,”
Benson said.
“The city did fx the (temporary) sandbags about a month ago -- and it's lucky
they did,” he said, because high surf Thursday was again washing through the
chain-link fence that separates the condos from the city's park.

5. The city is proposing a breakwater ofshore to stop shoreline erosion and to
replace up to 5,000 cubic yards of sand, city project manager Don Grifn said.
The U.S. Fish and Wildlife Service asked that the breakwater be relocated to
avoid coral, he said.
That change slowed permitting from the U.S. Army Corps of Engineers and the
Department of Land and Natural Resources, Grifn said. If both those are
received this fall, work on the beach restoration could start before the year is
over, he said.
Richard Namba has been awarded the $800,000 city contract to install the
breakwater and put sand on the depleted beach, Grifn said.
BIG WAVES CAUSE EROSION AT MAKAHA BEACH
KITV Island News.
Posted: February 21, 2016 – Updated: March 13, 2016
Accessed April 16, 2018
http://www.kitv.com/story/31276919/big-waves-cause-erosion-at-makaha-beach
Big waves have been pounding North Shore beaches all winter, but the
leeward side has also seen its share of large surf. But how is it afecting
Makaha Beach?
“The beach is basically falling into the ocean,” said Rep. Kymberly Pine,
Honolulu City Council Member.
This time of year, surfers say that's not unusual, but the sand seems to be
shifting due to consistently large swells. Most of it is gone.
“It's the big waves. They take the sand away and they take it to the other end
of the beach or it goes out in the ocean,” said surfer Lance Hookano.
The beach will eventually return during the summer time, but it's not just the
big waves aiding in the erosion. Farrington Highway runs right along the
shoreline.

6. The city is working with the state to make improvements.
“In the next few months, we'll be awarding the contract to the company that
will start analyzing the area to let us know exactly how we can build this
alternative road that goes mauka of this highway,” said Rep. Pine.
According Rep. Pine, fxing the road is a top priority. The feasibility study of
Farrington Highway is estimated to be about half a million dollars. It's
forecast to begin in April.
FARRINGTON HIGHWAY REALIGNMENT FEASIBILITY STUDY (1% Complete)
The Oahu Metropolitan Planning Organization (OahuMPO) is the manager for
this study in consultation with the Hawaii Department of Transportation and
the City and County of Honolulu Department of Transportation Services. This
study is being funded through the OahuMPO Overall Work Program.
The consultant selection process is underway. The Request for Proposals (RFP)
process ended on April 18, 2016. OahuMPO staf is negotiating a contract with
a consultant.
Source: OahuMPO. Accessed April 16, 2018. http://www.oahumpo.org/projects/planning-
studies/farrington-highway-realignment-feasibility-study/
KAHANA, MAUI
KAHANA SHORELINE HARDENING PROJECT RUNS INTO OPPOSITION
As ocean nibbles away at the beach, debate rages over what to do about it
By Brian Perry, City Editor. The Maui News
April 15, 2018, accessed April 16, 2018
http://www.mauinews.com/news/local-news/2018/04/kahana-shoreline-hardening-project-runs-into-opposition/
Many beaches have eroded to expose beach rock and seawalls (particularly
north of Kaanapali). Seawall failure has been rampant in this area in the past
decade due to improperly built structures.

7. In addition to widespread chronic erosion, beaches from Kaanapali to Napili
are particularly prone to seasonal changes with sand typically driven to the
north end of beaches from southerly swell in summer months and toward the
south end of beaches from northerly swell in winter months. The coastal
highway south of Lahaina is a critical transit corridor that was built directly
behind low-lying beaches and is prone to erosion and overwash during high
waves.
On March 23, the state Board of Land and Natural Resources deferred action
on a time extension request for a conservation district use permit for shoreline
erosion control from the owners of Hololani Resort Condominiums, located at
4401 Lower Honoapiilani Road. The board denied a request for a contested
case proceeding from a group of West Maui residents and community activists.
The time extension request is scheduled to return to the board April 27.
Meanwhile, the seawall opponents appealed to the Maui Environmental Court
on April 5. They maintain the board improperly denied their request for a
contested case proceeding, and they want the court to block construction of the
Hololani seawall until there’s “compliance with all applicable laws.”
The plaintifs are Na Papa`i Wawae `Ula`ula, the West Maui Preservation
Association and Native Hawaiian fsherman and Kahana resident Felimon
Sadang, represented by attorney Lance Collins. The defendants are the land
board and the Hololani Association of Apartment Owners.
Na Papa`i coordinating member Kai Nishiki questioned the land board's
approval of a permanent seawall while Maui County has approved only a
temporary structure while it completes a regional sand nourishment project for
Kahana Bay.
Community organizer Tiare Lawrence, also a candidate for the Upcountry 12th
House district seat held by Rep. Kyle Yamashita, said construction of the
seawall could start a domino efect when other owners of shoreline properties
would need to convert from sandbag revetments to permanent seawalls to
protect their property.

8. Also, the Hololani owners have a measure pending before state lawmakers this
session, which ends May 3. Senate concurrent resolution 63 would authorize
the issuance of an easement covering 6,128 square feet, a portion of which
would be state submerged lands of of the Hololani for the seawall’s rock
revetment.
Land board Chairwoman Suzanne Case submitted testimony in favor of the
measure to the Senate Ways and Means Committee.
In it, she told lawmakers the Hololani property owners had obtained a
conservation district use permit from the board for the steel sheet pile
seawall and rock revetment.
But, as a condition of that permit, the owners were required to obtain a
nonexclusive easement for the structure from the state, approval of which
must be obtained by the governor and the Legislature by a concurrent
resolution, Case said.
The property owners will pay fair market value of the easement, based on the
fnal easement area, and as determined by an independent appraisal, she said.
[Emphasis Supplied]
Written testimony from Association of Apartment Owners of Hololani
Condominium President Stuart Allen and board director Michelle Staford
sought approval of the concurrent resolution for what they called a hybrid
shore protection structure.
They said the property owners concurred with a Senate Committee on Water
and Land amendment with additional safeguards to ensure unrestricted public
beach access, to remove the revetment if a regional beach nourishment project
proceeds and to provide liability protection for the state.
They testifed that the Hololani project has been designed to not increase
erosion to neighboring properties.

9. “While some testifers advocate allowing the erosion to continue without any
shoreline structures, if erosion is allowed to continue, the resulting shoreline
will consist of a clif and very poor water quality — high turbidity due to the
landward red soils and darker material washing into the ocean — which would
be damaging to the marine life, such as the coral colonies that are presently
fourishing ofshore,” they said. “The turbidity would also make the bay
undesirable for human use.”
Allen and Staford said the condominium association is required by its
shoreline management area permit to participate in and pay its share of a
regional beach nourishment study; and, if and when such a project is
completed, to remove the seawall.
Meanwhile, “the present conditions at Kahana Bay are dire,” they said. “The
erosion has become increasingly damaging since the inception of the
project.”
A timeline provided by Allen and Staford showed that the beginning of a
“long-term solution” and the hiring of consultant Sea Engineering were in 2010.
Preparation of a draft environmental assessment began in 2011, and a fnal
assessment was published and accepted in October 2013. A conservation
district use permit was granted with conditions in November 2013, and a
special management area permit was approved in June 2016.
The Senate concurrent resolution was passed April 5 and sent to the
House, where it was referred to Water and Land; Ocean, Marine Resources
and Hawaiian Afairs; and Finance committees.
Voluminous testimony was submitted to the land board and state lawmakers
from Maui by residents opposed to the Hololani seawall project. They said
seawalls prevent natural erosion processes and harm neighboring beaches,
near-shore ecosystems and water quality.
In December, the 304-page “Sea Level Rise Vulnerability & Adaptation Report”
by the state Ofce of Conservation and Coastal Lands identifed West Maui,
Waihee, Hana and Kihei as communities susceptible to rising ocean waters.

10. A projected 3.2-foot rise in sea level by 2100 would result in chronic fooding,
submerged lands, coastal erosion and new wetlands. The greatest economic
loss would be in West Maui because of the concentration of high-value
residential property, commercial land and structures, the report said.
A sea-level rise of more than 3 feet would wreak economic losses in the billions
and destroy 760 structures on the island, including hotels in West Maui, the
report warned.
HAWAIIAN ISLANDS NATIONAL SHORELINE MANAGEMENT STUDY
AUGUST 2017
Prepared By: Craig Vogt, Inc. Ocean & Coastal Environmental Consulting, Hacks Neck, Virginia;
CSRA Inc., Arlington, Virginia; Eastern Research Group, Inc.; Lexington, Massachusetts.
Prepared for: Institute of Water Resources, U.S. Army Corps of Engineers, Fort Belvoir, Virginia;
Honolulu District U.S. Army Corps of Engineers, Fort Shafter, Hawaii.
Accessed April 16, 2018
fle:///Users/iMac/Downloads/Hawaiian-Islands-Shoreline-Assessment_nsms_080417.pdf
West Maui
West Maui is dominated by rocky headlands and narrow calcareous sandy
beaches. Key features of West Maui include numerous pocket beaches between
Napili and Kahana/north Kaanapali, extensive beaches at Kaanapali (main
tourism center on Maui), and narrower low-lying beaches, cobble, and seawalls
from Lahaina to the south.
This region is known for its favorable weather conditions and attractive
beaches so it has become a well-developed tourist destination, including the
historic town of Lahaina and the Kaanapali resort area.
Overall, this region is highly developed with condos and hotels, the most
developed tourism area of Maui, second only to Waikiki on Oahu.

11. The generally west facing coastline receives wave exposure from northwest
swells in the winter that wrap into the region, south swells in the summer, and
occasional Kona storms that approach from the south. This region is partially
shielded from the full energy of northwest swells by the islands of Molokai and
Lanai. With wave exposure from two directions (north and south), the sandy
beaches exhibit high seasonal variations. The region overall is considered sand
starved, owing partly to a limited sand supply in the upper part of the coastal
plain where the geology transitions from sand to volcanic sediment types. As a
result, while fringing reef in many areas provides protection from wave energy,
chronic erosion and narrowing beaches have led to shoreline armoring to
protect the extensive tourist and commercial facilities. This armoring is
associated with loss of beaches along parts of the region, including Lahaina and
Honokowai. Many beaches have eroded to expose beach rock and seawalls
(particularly north of Kaanapali). Seawall failure has been rampant in this
area in the past decade due to improperly built structures. [Emphasis
Supplied] In addition to widespread chronic erosion, beaches from Kaanapali to
Napili are particularly prone to seasonal changes with sand typically driven to
the north end of beaches from southerly swell in summer months and toward
the south end of beaches from northerly swell in winter months. The coastal
highway south of Lahaina is a critical transit corridor that was built directly
behind low-lying beaches and is prone to erosion and overwash during high
waves.
The Three-Year Swim Club
The Untold Story of Maui's Sugar Ditch Kids and Their Quest for Olympic Glory
By Julie Checkoway. Grand Central Publishing, New York, NY. July 2016
ISBNS: 978-1-4555-2345-0 (trade pbk.), 978-1-455-2343-6 (ebook)
Each man has his own vocation. The talent is the call. There is one direction in
which all space is open to him. He has faculties silently inviting him thither to
endless exertion. He is like a ship in a river; he runs against obstructions on every
side but one, on that side all obstruction is taken away and he sweeps serenely
over a deepening channel into an infnite sea ... He has no rival. For the more truly
he consults his own powers, the more diference will his work exhibit from the work
of any other. — Ralph Waldo Emerson