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COURTESY PHOTO BY SHAUNTI KIEHL
State and city inspectors investigated claims that muddy storm water from the 19-acre Kaunala subdivision was allowed to run into the ocean over the weekend. The subdivision's developer says the water did not come from the site.



Runoff complaint
investigated

A developer allegedly let
muddy rainwater run from
its North Shore site into the sea


The state is investigating claims that the developer of a controversial North Shore subdivision allowed muddy storm water from the site to run into the ocean over the weekend.


art

State and city inspectors surveyed the 19-acre Kaunala subdivision yesterday, based on complaints from the Sierra Club. The club claimed runoff from the development between Sunset Point and Velzyland flowed over the reef at the Backyards surf spot and into the area by Sunset Beach.

"What is most frustrating about this mess is that it could have been prevented," said Laura Hokunani Edmunds, coordinator of the Sierra Club's Blue Water Campaign. "Intense rains during Hawaii's winter season are expected, but developers are not taking adequate precautions to prevent muddy runoff."

The site's developer, former candidate for governor D.G. "Andy" Anderson, said runoff came from land uphill and across the road, not from his development.

"It wasn't a major contributor of the brown water," Anderson said. "I don't think we did much polluting."

Mike Tsuji, supervisor of the enforcement section of the Clean Water Branch of the state Health Department, said there are problems at the site and that runoff control measures might simply have been overwhelmed by the volume of rain.

Tsuji said there was evidence of runoff coming off the site's road and into its storm drain system without proper prevention devices to block silt.

"There is a problem out there," Tsuji said.

Tsuji also said that contractors started working on the storm drain system before a permit had been issued. He said inspectors would share findings with the state attorney general's office before they take any formal action.

Royal Contracting Co. Ltd. is the main contractor for the project's road and sewer line.

"The water that entered the ocean came from the hillside across the highway," said Vice President Leonard Leong. "We are located on the makai side of the highway."

There is natural drainage on opposite sides of the project site that feed from the mountains and into the ocean, he said. He also added that the silt fencing might have been damaged by the heavy rain and runoff. Workers were at the site Monday repairing the fencing, he said.

"We'll try to contact the state to see if we resolved their concerns," Leong said. "We would like to take care of it immediately."

State inspectors have previously found problems at the site. They issued a verbal warning in May after discovering that fencing used to control polluted runoff was not properly installed, Tsuji said. The problem was corrected within two weeks.

The development has been controversial since its inception. Area residents, neighborhood board members and organizations were concerned about public access to popular surf spots. More than 20 residents opposed the construction of the gated community and urged the city to instead build a park. In September 2001, members of the City Council approved Anderson's plans to build the homes.

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