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Maui developers
By Gary T. Kubota
who dredged coral
fined $51,000
Star-BulletinWAILUKU -- The state Board of Land and Natural Resources has fined a developer more than $51,000 for unauthorized activities at Olowalu in west Maui, including the dredging of coral near a wharf.
The coral taken from submerged state conservation land was later used for paving by Olowalu Elua Associates.
Attorney Thomas Welch representing the partnership said his clients plan to appeal the decision during the 90 days it has been given to pay the fine.
Welch argued state law provides a maximum of $2,000 for a violation and the dredging constituted a single incident.
State officials estimate about 12 square yards of submerged state land was dredged during a three-day period.
Dr. James Bendon, a partner, apologized to the board and said he authorized the dredging.
"Whatever happened is completely my responsibility," Bendon told the board yesterday.
Bendon said he requested the work as an afterthought and because earth-moving equipment was in the vicinity of the wharf.
Maui resident Lucienne de Naie, critical of the development, said the dredging was done to improve the value of Elua's property.
"They took from public land for private cause," she said.
The board withheld action on its request for Elua to remove cement from the wharf until an assessment is made about whether removal may destabilize the structure.
Elua has also filed an after-the-fact permit for the wharf work.
De Naie said Na Kupuna O Maui, the group that complained about the unauthorized activities, is upset because of limited access to the beach and limited opportunity to monitor Elua's attempt to remedy problems.
Peter Martin, managing partner, said the business has kept access open to Na Kupuna and responded quickly to the group's request when they have asked for a key to the gate.
