The state Land Use Commission heard allegations yesterday that Kauai ATV Tours has constructed illegal structures, paths and roads on the agricultural land it leases from Grove Farm for all-terrain vehicle excursions. The meeting was the second held by the
The state Land Use Commission heard allegations yesterday that Kauai ATV Tours has constructed illegal structures, paths and roads on the agricultural land it leases from Grove Farm for all-terrain vehicle excursions.
The meeting was the second held by the commission on Kauai ATV’s activities — but it won’t be the last. After lengthy public testimony on structures built and grading conducted within Ha‘upu Valley near Halfway Bridge, the commission decided it would postpone action on the matter to a future hearing, as the company and county did not have time to make presentations.
The commissioners also agreed to visit the site in question before meeting again on the subject.
Kauai ATV leads off-road tours from Koloa as far north as Kahili Falls and Bamboo Intake. The company received a special use permit in 2000 to conduct such tours on the agriculturally zoned Grove Farm lands. The permit was required because the intended activity was not agricultural in nature.
In 2005, Kauai ATV asked to amend the permit to expand its operations on the land to include two paintball parks, a speedball field and water activities such as kayaking, sailing lessons and canoe tours.
The request was approved, as were some clearly stated structures — docks, picnic tables and storage sheds — that would be necessary to accommodate the new activities. The commission approved the amendment in December of that year.
A few months ago, community members raised concerns about a large stairway and deck that Kauai ATV had built near a pond and waterfall.
The stairs were reportedly used to access the waterfall — located at the bottom of a steep slope from the road — during regular tours.
In response to complaints, state Sen. Gary Hooser, D-Kaua‘i/Ni‘ihau, sent a letter in March to the Land Use Commission requesting it look into the issue.
The commission followed up by asking Kauai ATV to explain at a April 26 hearing what structures existed and what, if any, permits had been obtained.
According to the minutes from the meeting, Kauai ATV owner Olie Rivera states that the stairs had cost about $5,000 to construct and he had completed the work himself.
He told the commission he was not aware that additional permits were necessary, and for that reason has not sought them from Kaua‘i County.
According to the commission, construction greater than $1,000 requires permits, and concern was expressed that Rivera had not hired a licensed contractor.
The commission voted unanimously at that time to schedule yesterday’s hearing for Kauai ATV to show cause as to why its operating permits not be revoked in light of the violations.
Kauai ATV subsequently took down the stairway and decks. But concerned residents presented photos taken July 4 of an improved path with steps that had been added in its place. The photos also documented places where the side of the hill had been cut away to add width to the path.
However, as of yesterday morning — when Commission Executive Officer Anthony Ching toured the waterfall site — almost all construction materials from that path had been removed.
“In two areas, the side of the embankment was cut away or chipped away,” Ching said of the path while presenting video of his tour.
Kauai ATV’s attorney, Walton Hong, said the path was created for the sole purpose of removing the stairway. But the residents who spoke at the hearing argued that it was made as a less conspicuous route to the bottom of the waterfall.
During public testimony, Kilauea farmer David Whatmore said he’s not opposed to all-terrain vehicles or eco-tourism on agricultural lands, as they can actually work to preserve open space, but he spoke out against Kauai ATV’s disregard for the rules in going beyond what had been approved.
“Special use permits are OK if you don’t do permanent damage to the land,” he said. “… Cutting into soil that has been compacted over thousands of years can never be put back the way it was.”
Whatmore also lampooned the county’s lack of action on the matter, stating that similar lax enforcement of grading regulations was tied to the Ka Loko Reservoir Dam breach.
“Why do I, as a farmer, have to come here and bring this issue up?” he asked. “I should be home farming.”
Koloa native Kalanikumai ‘O Na Ali‘i Hanohano spoke at the hearing, noting that grading does “irreparable damage” to the land and that the more recent path is an “egregious” offense.
“The construction was covered over with cut buffalo grass so you can’t see the extent of the work that’s been done,” he said.
While many in attendance wore Kauai ATV T-shirts, Robert Herkes offered the only public testimony in favor of the company. He noted that the Koloa Outrigger Canoe Club’s youth program is possible because Kauai ATV allows the keiki to practice on its property — away from the strong South Shore currents and waves.
In addition to public testimony, Ching presented a staff report, which cited numerous violations by Kauai ATV, among them that the waterfall trail was not within the expressed boundaries of its special use permit.
Kaua‘i County, represented by Deputy County Attorney James Tagupa, was not able to make a presentation due to lack of time.
A date for the next hearing has not yet been scheduled. Acting Chair Michael Formby said the commission will consider the new evidence presented and determine whether the order to show cause be expanded to include the issue of unpermitted roads.
• Blake Jones, business writer/assistant editor, can be reached at 245-3681 (ext. 251) or bjones@kauaipubco.com.
