Builder agrees to
cultural settlement
The Big Isle Four Seasons
By Pat Omandam
developer stops dredging near
the cultural sites
Star-BulletinDevelopers of the Four Seasons Resort on the Big Island have agreed in an out-of-court settlement to halt further shoreline dredging near cultural sites. U.S. District Judge Helen Gillmor on Tuesday approved the settlement between the Kona Hawaiian Civic Club, the Office of Hawaiian Affairs, the Army Corps of Engineers and developers Hualalai Development Corp.
Aside from putting a stop to dredging of the Hualalai shoreline, the agreement among other things requires improved consultations in future projects.
"All of the parties are pleased to be working together for the preservation of Hawaiian sites, and hope our efforts can serve as a model for future community input and participation in development of Kona," said Gene Leslie, president of the Kona club.
In June 1996, Hualalai Development started near-shore dredging to create four swimming areas for the resort. The club, and later OHA, claimed the dredging was near culturally important shoreline sites and sued.
Three areas were dredged before Gillmor temporarily halted the work a month later.
Native Hawaiians believe the sites contained a large, on-shore fish pond, a sand-covered waterway from the pond to the sea, and a fish trap in near-shore waters.
Terms of the agreement call for Hualalai Development and the Army Corps to stop dredging to protect culturally sensitive areas, with all parties forming a committee to preserve cultural sites.The developer will pay $5,000 annually for the next three years to operate the preservation committee.OHA, the Association of Hawaiian Civic Clubs and the Army corps also will prepare an agreement to improve consultation on traditional and cultural sites for future projects.
The three spots where dredging was done became swimming areas, while the fourth location will remain a rocky shoreline.
Jeff Mongan, chief operating officer of Hualalai Development, said the settlement demonstrates the company's cooperative spirit with the Kona club and OHA.
"We will continue to be committed to and respectful of the environment and the community of Hawaii," Mongan said.
OHA Chairwoman A. Frenchy DeSoto thanked the Kona club for its vigilance in helping the agency protect beneficiaries' rights.
Meanwhile, the Army corps must hold a public hearing on a draft ethnographic survey of cultural sites done by Hualalai Development.Lt. Col. Ralph Graves, Honolulu District engineer, said the goal is to ensure that concerns about native Hawaiian sites are fully considered in the permit process along with other public interests.
