DLNR issues cease and desist order to Coco Palms Hotel developer
The Department of Land and Natural Resources has issued a cease and desist order against the owners/developers of the Coco Palms hotel for illegally entering state conservation land and using heavy machinery, tree clearing, and grubbing without a permit.
In addition, the developer has been cutting down coconut tree trunks and digging out stumps from other state-owned lands adjacent to and on the hotel site, and then dumping them without permission onto conservation and wetland areas.
In addition to violating laws and administrative rules governing conservation lands, the developer is also violating Kauaʻi County permitting requirements that specify:
“All green waste will be taken to Heart and Soul Organics in Moloaa.” Coco Palms Renovation Construction and Demolition Debris Management Plan (January 2023)
The developer is also violating their agreements with the State Historic Preservation Division (SHPD) which requires a qualified archeological observer to actually monitor the machines digging the holes and moving the earth around.
The SHPD requirement states:
Based on the historic background and previous archaeology detailed above in this plan, and the historic properties already documented, on-site archaeological monitoring is required during all ground disturbance activity. Ground disturbance is defined as all excavations below the existing surface grade.
To top it all off, the developer does not have permission to enter the state lands in question. There is no state lease, no revocable permit, and no permit whatsoever that allows the developer to enter upon the state-owned parcels – let alone to cut down trees on them, grub and grade turning the area into a mud hole, and dump their green waste cleared from other lands.
The cease and desist order also states:
the BLNR may subject you to fines of not more than $15,000 per violation in addition to administrative costs and costs associated with land and habitat restoration, or both. Should you fail to immediately cease such activity…willful violation may incur an additional fine of up to $15,000 per violation…
Mahalo to the DLNR for stepping up to enforce the law and protect public trust lands.
More info is at https://www.wailuanui.org
Action steps!
Please sign the petition in support of I Ola Wailuanui and our effort to stop the hotel and provide the long overdue stewardship to these historically and culturally significant lands. https://www.gopetition.com/petitions/wailuanui-petition-opposing-hotel-development.html#sign
Please help support our legal team and basic administrative costs by donating to our 501c3 non-profit https://www.wailuanui.org/donate No amount is too small and all are welcome and much needed!
