Two North Shore homeowners have been fined nearly $1 million each, accused of repeated shoreline violations.
The homeowners, whose properties both on Ke Nui Road front Sunset Beach, were fined by the Board of Land and Natural Resources Friday on the recommendation of the state Department of Land and Natural Resources’ Office of Conservation and Coastal Lands.
The land board offered to offset the fines if the homeowners “agreed to remove residences from their shoreline properties, and erosion control structures from state land,” according to a DLNR press release. Additionally, any costs incurred in removing the residences and structures would go against the fines.
Sunset Oasis LLC and members William and Melinda Kernot were fined $948,000 for “unauthorized work on public lands within the State Land Use Conservation District,” according to the news release.
Included in the fine were $15,000 for installing a sand-filled burrito system, $15,000 for not complying with terms to remove temporary erosion control measures, $45,000 for three days of “willful violation” after being notified to stop all work, and $1,000 a day since notification on July 18, 2021, for not removing encroachments on public land.
DLNR said that “the Kernots continue to perform unauthorized work after being given notification by the department to stop work on at least three separate occasions,” and that they have “failed to remove debris and past erosion control structures.”
Zhungo LLC and managing member Rodney Youman were fined $993,000 for allowing the construction of an unauthorized seawall, the unauthorized placement of rocks to form a revetment and the creation of more unauthorized burritos and sandbags on public land within the State Land Use Conservation District.
The Zhungo LLC and Youman fines include $15,000 for constructing the seawall, $15,000 for the placement of rocks, $15,000 for not removing a temporary erosion control measure at the end of its authorization period, $75,000 for four days of not ceasing work after receiving Department notification, and $1,000 a day since notification on July 18, 2021, for not removing encroachments on public land.
According to DHHL, Youman conducted unauthorized work on “at least four separate occasions between September 2020 and September 2022.”
“During the last several years, beach erosion in this area appears to have intensified significantly,” DLNR said in its submission to the Land Board. “Coastal armoring, such as seawalls and revetments, protect private land mauka of the armoring device while harming the public trust resources makai of the wall.”
“Coastal armoring or shoreline hardening devices damage beaches by cutting the sand bank and impounding sand behind walls. Refracting waves and creating a high energy environment that impedes sand accumulation, creating flanking that can increase adjacent erosion and damage neighboring properties, and impacting lateral transport, thereby damaging downdrift beaches,” DLNR said in the submission.
DLNR authorized around 35 temporary control structures fronting approximately 50 properties in the Koolualoa and Waialua districts on Oahu between 2017 and 2020. According to the news release, few permit holders complied with their permit conditions. Conversation and Coastal Lands staff say the situation is “challenging for homeowners.”
Over the past year, the land board has fined three other Ke Nui Road homeowners for unauthorized shoreline erosion control work. Two of the homeowners requested contested cases. The third homeowner did not win his contested case hearing, and has been directed to submit a plan for the removal of the structures on his property.
Both homeowners fined Friday requested contested case hearings.