The County of Kaua’i is stepping up its investigation into alleged unpermitted grubbing on land owned by Jimmy Pflueger that resulted in mud and runoff to cover parts of Amy Marvin’s beachfront property in Pila’a Bay late last year. Pflueger,
The County of Kaua’i is stepping up its investigation into alleged unpermitted grubbing on land owned by Jimmy Pflueger that resulted in mud and runoff to cover parts of Amy Marvin’s beachfront property in Pila’a Bay late last year.
Pflueger, also a property owner in Pila’a, allegedly had culverts constructed to divert runoff from his property into the ocean.
Critics contend runoff has damaged the marine ecosystem and marine life in the bay, although there has been no study done that would prove that.
At earlier meetings, critics expressed outrage that the county didn’t take prompt enforcement action against Pflueger.
But Deputy county engineer Ian Costa said he, a host of state and county officials, and Kaua’i attorney Max Graham, who is representing Pflueger, inspected the site Thursday.
Costa also said he was involved in a conference call Wednesday with officials with the state Department of Health, the state Department of Land and Natural Resources, the state attorney general’s office, the Kaua’i County Planning department and Kaua’i County Attorney’s Office.
Two weeks ago, an attorney with the state attorney general’s office and a DOH official also inspected the site, Costa said.
Costa said that it was his understanding that the state was not considering issuing an after-the-fact permit to Pflueger.
Costa said he also spoke with the Army Corp. of Engineers, but the agency will not get involved because the violations are not tied to situations related to navigable waters or wetlands.
The county also has contacted Kodani & Associates, an engineering firm representing Pflueger, to obtain a time schedule and an engineering plan for the repair.
Because the county has received only the plan, the county has asked the county attorney’s office to step in to get Pflueger to supply a time schedule for action, Costa said.
After a review of the plan, the county plans to send it back to Kodani & Associates next week, Costa said.
Costa said the temptation is to send the matter to the county attorney’s office for resolution, but “we have found out (from past experiences with other unrelated cases) it doesn’t lead to a quick fix.”
Lawsuits drag on for years and when they are settled, the monetary fine is generally small, said Costa.
Pepe Trask of Anahola said the county can get faster results by pursing a temporary restraining order that would force Pflueger into court without written or oral notice.
The granting of the order, good for ten days, Trask said, would stop all work by Pflueger and open the way for a preliminary injunction hearing.
If it can be proven that the Pflueger had the work done without permits, that the work did immediate and irreparable harm and that there is no adequate remedy, a judge could grant a permanent injunction preventing similar work by Pflueger on his property in the future, Trask said.
“If you go through the traditional filing or lawsuit, it will take just too long,” Trask said.
Blake said his office won’t pursue this option unless he gets approval from the county administration and there is adequate funding.
Staff Writer Lester Chang can be reached at mailto:lchang@pulitzer.net or 245-3681 (ext. 225).
