Building of shoreline path draws some opposition

Some Kauai residents are unhappy with the ongoing construction of a shoreline pathway in Wailua, but the county says the project has met all regulatory requirements.

The Sierra Club’s Kauai group is among those opposing the multiuse concrete path along Wailua Beach. Judy Dalton, a member of the group’s Executive Committee, said the path should not be built along and on the beach, as the shoreline is moving inexorably toward Kuhio Highway.

Construction invites the possibility of further erosion, she added.

Contractors started the $1.9 million project in Wailua in January and are expected to finish in June.

The Sierra Club contends that the assessment of the beach for the project was based on outdated information gathered in 2007.

"It did not take into account anything that has happened to the beach since," Dalton said.

She said the concrete path in some places will be within 12 feet of the new high-water mark.

Dalton also said the Kauai County Planning Commission neglected to hold a hearing to address altering the path’s alignment. She said such a hearing is a condition of the special management area permit, issued in 2007.

Another objection is that the project didn’t start work within the required two years.

In an email, Kauai County spokeswoman Beth Tokioka said a hearing was not required because the permit was issued before hearings were required under the county’s shoreline setback determination ordinance.

Work on other sections of the path started within the time period and met permit conditions, she said. The permit expires in September, Tokioka added.

Two opponents, James Alalem and Ray Catania, were arrested Feb. 6 for allegedly obstructing the project after they refused to move off the site during construction.

Alalem and Catania were in front of an ahu, or altar, built two years ago at the site.

"We were defending (against) desecration of the beach and our religious practices and our ancestors that came to the area," Alalem said.

He said the Wailua area is culturally significant because it was the birthplace of aliis. A heiau called Mahunapuuone, which means "hidden in the sand dune," was at the beach.

It was removed when the first missionaries built roadways, he said.

But he still holds the land sacred and considers the construction work disrespectful.

"Bottom line, it’s all about money," Alalem said. "It’s about development and tourism."

Tokioka said no traditional or historic Hawaiian artifacts were found in an archaeological study conducted by Cultural Surveys Hawaii in 2011 to address community concerns.

Alalem and Catania are scheduled to appear at Kauai Circuit Court on March 20 on the obstruction charge, a misdemeanor.

In response to the arrests, Mayor Bernard Carvalho Jr. said by email: "We have taken years to do all the proper due diligence and outreach with the Hawaiian community to bring the project to a point where it is culturally and environmentally sensitive and responsible. We will continue with the project and ask concerned community members to share their opinions and mana‘o (knowledge) in ways that are lawful and respectful to all involved."

Carvalho also sought input from the Army Corps of Engineers on the project. In an assessment report in December, coastal engineers concluded that "the proposed path will not significantly alter shoreline erosion trends at Wailua Beach" because the oceanside edge of the path alignment is a sufficient distance away from the shoreline.

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Star-Advertiser reporter Gary T. Kubota contributed to this report.