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

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).

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).

August 24, 1999 McCloskey reported for illegal fuel storage, being too close to Forester’s property line(13).

August 27, 1999  McCloskey sues Deborah Forester over easement(14).

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.

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.

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 4^th 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.

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

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