MALAMA MOLOA'A!
Protect Moloa'a Watershed
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Below is a timeline of
the activites of Moloa'a Bay Ranch from friends of Malama Moloa'a. This web site explains some recent history
from this unique watershed on the North East Shore of Kaua'i.
All efforts must be made to
protect this fragile ecosystem .
Stay Posted!
Moloa’a Bay Ranch Timeline
Most Citations are in Adobe PDF format.
March 22,1993 Maximum house density for Ryan Ranch
(TMK 4-9-11: 1) determined to be 18 houses by the Kauai County Planning Department. 1
Citation 1 ; Citation 1 Continued
May 1998 Thomas McCloskey acquires 164 acre Ryan Ranch.2
Citation 2
June 1998 Clearing work began on Moloa’a Bay Ranch (MBR) without
permits.
Thomas McCloskey cited for dust violation by state and required to
put up protective screening.
September 15, 1998 Violation Notice issued over grading and
creating reservoirs within the SMA.
July 17, 1998 Jimmy Pfleuger reported a cattle easement
on Deborah Forester’s land had been abandoned for over 20 years 3, and therefore by law could not be reopened.
Citation 3
Nov. 1998 McCloskey’s men cleared a 40’ swath on
Deborah Forester’s land with bulldozers while attempting to clear this 10’ cattle easement 4. Local police department were in attendance and did nothing to stop the trespass grading.
Citation 4
Nov. 17, 1998 Lt Curnan from Hanalei substation of Kauai PD,
reportedly supervises while workers cut lock to Historic Japanese Cemetery, allowing entrance by MBR cement truck over private
property. Van parked on same private property (not easement) ordered moved or caretaker April Courture would be arrested
for Disturbing the Peace 5.
Citation 5
Dec. 2, 1998 Grubbing violation – citation issued by
public works.34
Citation 34
March 3, 1999 Two separate gates smashed. Cemetery gate
left open with rope missing. KPD files Criminal Property Report (6). MBR manager says before witnesses and on tape it was done by one of his guys (7).
Citation 6 ; Citation 6 Continued ; Citation 6 continued part 2
Citation 7 ; Citation 7 continued
March 1999 – Illegal tree Clearing in Conservation District.
April 1999 Kapua Sproat, Linda Sproat and Stanton Pa and others attempted
to hike Na Ala Hele trail between Moloa’a and Ka’aka’aniu and were kicked off by someone matching McCloskey’s
description.
July 1999 Linda Sproat called DLNR to report clearing in the Conservation
Zone.
July 16, 1999 Investigation filed by clean Air Branch over
illegal burning on Moloa’a Bay Ranch 8.
Citation 8
July 20, 1999 MBR notified of possible $10,000/ day penalty
for such open burning violations9.
Citation 9
July 30, 1999 Burning continues. DOH defers action to KPD10.
Citation 10
June/July 1999 Trees cleared from Conservation Zone.
August 13, 1999 McCloskey cited and fined by DLNR for unpermitted
clear cutting the north end of the Conservation Zone11. (South end of Conservation Zone still intact but will be illegally cleared in coming months)
Citation 11
August 2, 1999 DOH Sanitation Division conducts investigation
and files report on large MBR manure composting pile 12’ high directly across fence and upwind from Debbie Forester’s
home (12).
Citation 12 ; Citation 12 a ; Citation 12 b ; Citation 12 c
August 24, 1999 McCloskey reported for illegal fuel storage, being
too close to Forester’s property line(13).
Citation 13 ; Citation 13 a ; Citation 13 b
August 27, 1999 McCloskey sues Deborah Forester over
easement(14).
Citation 14 ; Citation 14a ; Citation 14b
August , 1999 Local neighbor children kicked off the Na Ala Hele
Trail by Ranch manager on quads.
August, 1999 Leslie Milnes, Kauai Planning Department
and Conservation Officer received complaint about unpermitted pond construction encroaching into Conservation Zone.
Sept. 1999 McCloskey’s quads driving over turtle nesting habitat15. Workers poisoned resprouts from stumps in the Conservation Zone that McCloskey had
been cited for clearing16.
Citation 16
Sept. 1999 Grubbing Violation Complaint received by public
works.
December 16, 1999 Public Works issues Violation Notice
December 6, 1999 Moloa’a trail closure front page article
in Aspen Times17.
Citation 17
Dec. 1999 – Grading violation for illegal, unpermitted,
uncompacted housepads and ponds. Initial fine assessed $40,000 Nov. 8, 2000 – subsequently reduced to $25,000
February 23, 2001.34,
22
Citation 22
December 1999 Facing financial hardship Deborah Forester forced to
sell her farm to McCloskey.
Jan 2000 McCloskey cited for grubbing the stream and filling
4 truckloads of rock on Moloa’a Stream bed without permit. Cease and Desist 18.
Citation 18 ; Citation 18 continued
McCloskey applies for permit to build luxury house within stones
throw of Na Ala Hele trail.
1999- early 2001 Damage to Cemetery Property and other private property
along cattle easement continues.19 Where damage appeared intentional Criminal Property Reports were filed by KPD19. In one incident where MBR employees
were placed at the scene a false statement is made by the investigating officer20.
Citation 19 ; Citation 19 continued1 ; Citation 19 continued2 ; Citation 19 continued 3 ; Citation 20 ; Citation 20 continued 1
February 2000 Captain Moriguchi, Kauai PD recommends a Police
Commission Complaint - which is filed21.
Citation 21 ; Citation 21 continued1
March 2000 South end of Conservation Zone clearing begins and continued
until Sept. 2001
Summer 2000 Multiple pieces of equipment worked everyday grading
Moloa’a Bay Ranch, including working 4th of July, with dust choking out holiday barbeques in Moloa’a.
No permits, no plan, no dust or erosion control measures. Neighbors call county planning, public works.
August, 2000 Complaint to Public Works about Moloa’a Bay Ranch
operating semi dump trucks and dozers all night long, seven days per week. Continual grading continues.
March 2001 McCloskey presents after the fact grading plan for
driveways, housepads. Permits for driveway grading23.
Citation 23
May 1, 2001 Moloa’a Bay Ranch is now divided into two
TMK numbers (4-9-11-1 and 4-9-11-37) and the allowable density for house sites is 22 according to Thomas McCloskey.
May 1, 2001 After the Fact Permit for ponds and house
pads issued24.
Citation 24
May 21, 2001 Planning Department does site inspection and orders
stop-work.
June 1, 2001 Notice of grubbing violation citation issued23. This violation was still outstanding
as of Jan. 9, 2003 Reported by Ian Costa.
Feb. 10, 2002 Malama Moloa’a letter to Public Works,
signed by Greg Osborn24.
Citation 24
Feb. 25, 2002 C. Portugal responds back to Malama Moloa’a
inquiries on numerous questionable activities at MBR23.
Citation 23
March 2002 McCloskey Applies for CPR shed permits- approval has been
delayed pending outstanding violations.
March 2002 Heavy rains cause much loss of soil in denuded areas.
Mud inundates residents at TMK 4-9-13-14 (photos)25
Citation 25
June 2002 south end of CZ once treed continues to erode. (Photo)26
Citation 26
June 13, 2002 Malama Moloa’a appearance before Council
asking questions regarding MBR.
June 27 2002 “ “ “
June 28, 2002 Letter to EPA concerning MBR27.
Citation 27
June 27, 2002 Letter to Clean Water Branch regarding runoff
from MBR28.
Citation 28
July – August 2002 Various appearances before county council. Including
13 Aug (1 year from turtle nesting observation.)
Aug or Sept. 2002 Appearance before BLNR regarding MBR and
Pila’a
Turtle nesting site destroyed (Photo) (29) Subsequently, County’s Wally Kudo describes destroyed nesting as
a Natural Ravine.
Citation 29
July 2002 Jeff Rivera shows an empty reservoir pond due to the fact
that the pond’s dike was failing. Pond was constructed without permits or engineering specs.
August 13, 2002 Heavy rains result in mud flows onto the reef
at Moloa’a Bay. Refer to video and pictures30.
Citation 30
Sept 5, 2002 Appearance before Council asking questions regarding
MBR.
Sept. 2002 Meeting with EPA, DoH, Earthjustice regarding
MBR.
June 13, 2002 County Planning issues letter that McCloskey
never had legal access through cemetery driveway or the cattle easement for his residential CPR31.
Citation 31 ; Citation 31 Continued
November 2002 MBR submits application for after-the-fact SMA
permit.
Jan 9, 2003. Malama Moloa’a makes another appearance
to brief new Council on issues concerning MBR. Still many questions remain unanswered and different agencies trying
to determine who’s kuleana (responsibility) it is to bring action, hence, no action.
April 2003 Mud flows onto government road and is channeled
away from a private residence (reportedly previously inundated) and onto neighboring vacant property without permission.32a & 32b
Citation 32 a ; Citation 32 b
April 2003 Mud flow from MBR breaches the last of the
silt fences and onto the sand at Moloaa Bay 33.
Citation 33
May 15, 2003 MBR still has not applied for permits to correct
mud flows on roadways. Council member Yukimura asked in Chambers that they do so.
September 13, 2005 MBR claims to Planning Commission no
trees were cut before 2000 and erosion then was due to ironwoods. (See fines from DLNR for cutting trees in Conservation District
dated August 13, 1999 11).
Citation 11
|
Most Citations are in Adobe PDF format. |
Questions or Comments to: moloaabay@lycos.com
Let us know that you care and that you are checking
the site out!
Here is a a letter to
the Garden Island Newspaper generating a wide range of positive response to the community as many items were brought
to light.
14 November 2005
Malama
Moloa’a Watershed Council
POB
1349
Kilauea,
HI 96754
TGI - Forum
A
Special Management Area Use Permit (SMA(U)-2006-2) is currently being deliberated by the Kauai County Planning Commission.
McCloskey
and Company project manager Greg Kingsley described a relationship with his boss going back many years. Mr. Kingsley told Planning Commissioners he was a “nanny” for McCloskey’s children. TGI published a “Guest Viewpoint” by Mr. Kingsley October 27, 2005 supporting Tom McCloskey and the Moloaa Bay Ranch (MBR) SMA application.
While
Mr. Kingsley’s loyalty to Tom McCloskey is admirable it is a relief that TGI presented his contentions as “viewpoint”
and not necessarily as fact.
-
Mud
flowed under MBR’s gate and inundated a residence on Hui Road
A. See “Timeline” photos (citiation 33) showing mud flow breaching
MBR’s silt fence and flowing onto Moloa’a Beach. “Timeline” August 2002 and April 2003 photos show the mud flows unabated (citations 30, 32 &
33).
-
On thr Planning Commission’s October 5, 2005 site visit evidenced proposed roads are not pre-existing.
-
MBR was fined August 1999 for removing trees
in the SMA. See the “Timeline” for this DLNR fine (citation 11) and
photos showing MBR workers poisoning ironwood resprouts September 1999 (citation 16).
Why is Mr. Kingsley claiming “The removal of ironwoods, which necessitated this (SMA) application, happened in
2001.”? Why did MBR’s attorney testify Septermber 30, 2005 before
the Planning Commission, that no trees were removed before 2000?
-
“Timeline” 2002 photos shows
the SMA hillside gave way (citation 26) and mud flowing from MBR onto Moloaa
Beach (citation 30). MBR’s
paid consultants suggested during the Sept 30th Commission hearing these flows were caused by ironwoods and did
not mention the years of unpermitted and illegal tree cutting, grubbing and, grading,
-
The “Timeline” documents years
of unheeded notifications including burning, grubbing. grading and tree cutting.
-
At this time notifications were being unheeded
nearby at Pila’a by Jimmy Pflueger with mud inundating a residence and the reef.
MBR manager Jeff Rivera voiced his viewpoint at Malama Moloa’a’s
taped meeting July 2001; “ Jimmy Pfleuger is nuts. He got money, he don’t
care. He going to pay the fine he figured.
So McCloskey, lolo, he listen to him and did the same thing.” (See “Timeline” citation 22)
-
Kauai Planning Department issued a letter
June 2002 showing MBR’s use of access over and along Koolau Japanese Cemetery
for this residential development has been illegal all along (see “Timeline” citaition 31).
-
Mr. Kingsley’s attempts to deny the
“deeded public trail ” while acknowledging a “deed
reservation for a trail near the high water mark whose location was to have been established by the Commissioners of Public
Lands”. This goes along with McCloskey’s bewildering contention that
the Commissioners of Public Lands were to locate a private trail with no public access rights (see “Timeline”
citation 17).
The
CDUA/SMA process must stop the illegal activity:
1)
Claiming the public trail is private.
2) Claiming access through and along Koolau Japanese Cemetery.
3) Will Kauai
County be liable if the illegally made reservoirs fail?
4) Will MBR block access from Hui
Road A to the beach?
5) Malama Moloa’a asks that the SMA hillside not be graded again. That would just destabilizing what nature has healed to date.
Mahalo
Sincerely,
Greg Osborn
Cc Kauai Planning Commission
Kauai Planning Department
Hawaii
State BLNR/DLNR |