Settlement Announced


Subject to Turtle Bay Resort completing the pending Conservation Easement, KNSC with concurrence of Sierra Club, Hawaii Chapter, have agreed to settle our lawsuit on the Supplemental EIS with TBR. Neither side concedes any of the legal questions that were raised in the case, and both sides agree this is the best way to ensure significant reductions in proposed development.

KNSC strongly supports the Conservation Easement (CE) which will forever remove 80 percent of the TBR lands from the possibility of development. The State, City, TBR, and Trust for Public Land are performing due diligence to complete the details that will be enshrined in the CE. Ongoing litigation would have effectively prevented the CE from closing.

Per the agreement, KNSC will not oppose TBR's plans for up to 625 hotel units or 100 residential units, however, we retain an option to purchase, through December 31, 2017, a conservation easement on the land proposed for residential units. This option allows further discussion for preservation of much of the coastal area between the existing hotel and Kahuku Point. No construction can begin on this parcel during this option period.

Other terms of the agreement require TBR to donate $200,000 over the next five years for predator control, endangered species and critical habitat protection. North Shore Community Land Trust will participate in management of these efforts. TBR will also contribute $35,000 to partially cover legal expenses incurred by KNSC.

The Directors of KNSC would like to acknowledge the fine work of our legal team, particularly Phil Brown and Rory Wicks, whose expertise, persistence and wise counsel made this possible. Special thanks also go to Former Justice Jim Duffy who calmly and skillfully managed the mediation of this complex litigation.

We have come a long way since 2006 when the developers were poised to build five hotels and 3500 resort units along five miles of spectacular coastal land from Kawela Bay to Kahuku Point. We are now on the verge of witnessing permanent preservation of 666 acres of resort land, in addition to 459 acres of mauka farm land that could have been converted to future development had the original plans proceeded. This was made possible through vast public support, hard work by many committed individuals and the ongoing support of our many financial supporters and volunteers like you.

Mahalo Nui.

Keep the North Shore Country Directors
Gil Riviere, Lucky Cole, Laura Moritz

A Major Break Through...

An historic agreement to conserve Kawela Bay, Kahuku Point and approximately 80 percent of the Turtle Bay Resort lands was announced yesterday by Governor Neil Abercrombie, Senator Clayton Hee, Mayor Kirk Caldwell, Council Chair Ernie Martin,  Attorney General David Loui, Turtle Bay Resort's Drew Stotesbury, Trust for Public Land's Lea Hong, and North Shore Community Land Trust's Doug Cole. Attached is the revised development plan from today's article in the Honolulu Star Advertiser. You can watch the replay of yesterday's press conference online at: http://www.ustream.tv/channel/govabercrombie

This is a major break through in efforts to reduce the scale of resort expansion and the related environmental and traffic impacts from the 1986 plan to develop new 3500 resort units.  We applaud the resort management team, state and city government officials and the land trust representatives for their successful negotiations that will preserve miles of precious coastline for public benefit and enjoyment, in perpetuity.

The investment to conserve these lands is $48.5 million.  The state's portion will be $40 million, the city will contribute $5 million and the Trust for Public Land will bring in $3.5 million.  Final budget and legislative negotiations are in progress for the 2014 State Legislative Session, which concludes on May 1, 2014.  Please contact your state representative and senator - today - to let them know you support this conservation plan.  You can find contact information for your legislators here: 
http://capitol.hawaii.gov/findleg.aspx

A rally in support and celebration of this important agreement will be held at the Turtle Bay Resort entrance along Kamehameha Hwy tomorrow, Saturday, April 19th, beginning at 1 pm.  This will be an energetic and fun event, so please join us if you can. 
This agreement is essential to progress in conserving the Turtle Bay makai lands. 

Keep the North Shore Country and its co plaintiff, Sierra Club, Hawaii Chapter, were not involved in these negotiations and our lawsuit is not directly affected by this agreement.  The focus of our lawsuit is on the Supplemental Environmental Impact Statement. We will continue to evaluate options as more details become available.  In the meantime, we are very encouraged by yesterday's announcement. 

Our April 5th fundraiser, "An Evening at Waimea," was a huge success.  Everyone had fun, the  entertainment and food were great, all tables sold out (over 275 attended), every auction item sold and KNSC received many donations, large and small.  We replenished the funds spent to initiate our legal challenge.  Tax deductible contributions are always welcome at
www.KeeptheNorthShoreCountry.org

Your enthusiasm and support have been instrumental in the progress in Keeping the North Shore Country.


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Turtle Bay Fights Back!

An historic agreement to conserve Kawela Bay, Kahuku Point and approximately 80 percent of the Turtle Bay Resort lands was announced yesterday by Governor Neil Abercrombie, Senator Clayton Hee, Mayor Kirk Caldwell, Council Chair Ernie Martin,  Attorney General David Loui, Turtle Bay Resort's Drew Stotesbury, Trust for Public Land's Lea Hong, and North Shore Community Land Trust's Doug Cole. Attached is the revised development plan from today's article in the Honolulu Star Advertiser : http://www.ustream.tv/channel/govabercrombie

This is a major break through in efforts to reduce the scale of resort expansion and the related environmental and traffic impacts from the 1986 plan to develop new 3500 resort units.  We applaud the resort management team, state and city government officials and the land trust representatives for their successful negotiations that will preserve miles of precious coastline for public benefit and enjoyment, in perpetuity.

Go Back & Do It Right!

Here is our upcoming call to action in The Paumalu Press

go-back-web

Gil Riviere on HPR

Listen to Gil’s interview on HPR’s ‘The Conversation’
listen-now

KNSC Files Suit Against Turtle Bay's SEIS

Keep The North Shore Country ("KNSC") filed a lawsuit asking the Circuit
Court to require Turtle Bay Resort, LLC, ("Turtle Bay") to properly study the environmental
impacts of its proposed expansion plan. KNSC requests Turtle Bay's Supplemental
Environmental Impact Statement (“SEIS”) be set aside for five specific reasons:
 
One, Turtle Bay failed to accurately describe the proposed project and
therefore it is impossible to legally evaluate the project's actual
environmental impacts;
 
Two, Turtle Bay uses the “Full Build Out” alternative from 1985 for the
purpose of environmental impact comparisons, even though Turtle Bay
has no intention of pursuing the "Full Build Out," thereby skewing the
results;
 
Three, the SEIS does not adequately and vigorously evaluate a “No
Action" alternative as specifically required under the law;
 
Four, the SEIS fails to adequately evaluate cumulative traffic impacts;
 
Five, the SEIS violates the law by failing to properly evaluate the impacts
for wetlands, marine water quality and threatened and endangered species.
 
In 2010, the Hawai`i Supreme Court determined a 1985 Environmental Impact
Statement was no longer valid for the Turtle Bay Resort's planned expansion. KNSC and
Sierra Club, Hawaii Chapter were the plaintiffs in that case, known as Unite Here! vs.
City & County of Honolulu.
 
The Final SEIS was accepted by the City & County of Honolulu Department of
Planning and Permitting ("DPP") on October 3, 2013 and public notification of this
decision was given on October 23, 2013. KNSC provided extensive comments to DPP
and Turtle Bay on the Draft SEIS, including grave concerns about the lack of proper
baseline analysis: the "No Action" alternative. Unfortunately, the Final SEIS remains
fatally flawed and should have been rejected by DPP.

Here is a copy of the complaint

Here is our official Press Release

UPDATE: Counsel Is Retained!

Counsel Is RetainedThe Directors of Keep the North Shore Country were not satisfied with the Turtle Bay Resort (TBR) Final SEIS and their response to the issues and concerns we expressed. The City Department of Planning and Permitting (DPP) accepted the TBR SEIS on October 3, 2013 and notice of this acceptance was posted publicly on October 23, 2013.

We have retained Rory Wicks of the Coast Law Group to provide issue and environmental law expertise. In 2010, Rory successfully argued our case before the Hawaii Supreme Court, which ruled that the Turtle Bay Resort expansion does require a Supplemental Environmental Impact Statement. 

We have retained Philip R. Brown and his law firm to represent us in the State of Hawaii and to partner with Rory.
Phil, Rory and their staffs will help us review our options and consider appropriate next steps. Should we determine that a clearly defined legal action is available, we know from winning the first Turtle Bay case that litigation will likely be quite costly. So, after a three year hiatus, we are again asking for your financial support. KNSC is a 501(c)(3) non-profit organization.  

Tax deductible contributions can be made HERE.
• Your previous and continuing support is greatly appreciated!

Conservation Efforts for the Turtle Bay Lands

9/5/13 - Conservation easement discussions continue between the State of Hawaii and Turtle Bay Resort.  This follows passage of SCR164, which is a resolution of the State Legislature encouraging the Governor to support efforts to identify viable land conservation alternatives for the undeveloped portions of the Turtle Bay lands.  The Department of Land and Natural Resources, the North Shore Community Land Trust, and the developers have been working towards on the details with November as the target date for an agreement.  

3/5/13 - Following a March 4, 2013 
letter from Replay Resorts, Senator Hee agreed to hold SB 894 so that the resort developer can begin good faith negotiations with the State regarding conservation of coastal lands.

Willingness by the Developer to expand dialogue is welcome and timely.  Here is our statement on the matter. 

OpEd by Trust for Public Land and North Shore Community Land Trust - 4/18/13
Star Advertiser editorial - 3/6/13
Star Advertiser article - 3/6/13
Hawaii Reporter article - 3/5/13

Gil Riviere spoke with Beth Ann Koslovich about SB894.  
Listen to the interview from 34:29 to 44:00 in the timeline. -2/27/13

2/27/13 - The Senate Committee on Judiciary and Labor and the Committee on Ways and Means passed SB894 on February 27th.  The bill will go before the Senate for passage to the House on Tuesday.


Star Advertiser article
KHON Coverage

2/22/13 - The Senate Committee on Judiciary and Labor and the Committee on Ways and Means deferred SB894 until February 27th.


2/3/13 - A bill that could save Kawela Bay and other beaches at the Turtle Bay Resort from development will be heard by a Senate Committee on Tuesday afternoon, at 1:50 p.m., in Capitol Room 225.


SB 894 authorizes the state to expend funds, swap land and explore other solutions to help preserve Turtle Bay lands.  This may be a winning strategy because the current developer is willing to explore conservation alternatives and the state will be left with unsolvable traffic problems if the currently proposed plan is implemented.

Please submit a statement of support for SB 894 
here.  Your comments can be a simple as "Please pass SB 894." or you can add details with "I support SB 894 because..."  Click here for more information and sample testimony.

If you can, please try to present your testimony in person at the Capitol on Tuesday.  The hearing is scheduled to begin at 1:50 p.m., but this could be delayed if earlier hearings run longer than planned.


We wish to thank Senator Clayton Hee for introducing SB 894 and to Senator Malama Solomon for scheduling the bill for hearing.


This is an important bill to keep alive, so please submit your testimony - right now.  Please submit a statement of support for SB 894 
here.  Mahalo.    -

SEIS Documents:

OEQC Environmental Notice - 11/23/12   (TBR is item 3.)
DSEIS, Volume One, Chapters 1-8   (Volumes 2-4 are Appendices) 
Complete DSEIS with Appendices   (1635 pages load slowly from OEQC site)

Draft Supplemental EIS

Turtle Bay Resort, LLC, published its Draft Supplemental Environmental Impact Statement (DSEIS) on November 23, 2012.  The Statutory Deadline for submitting comments was January 7, 2013, but the developer voluntarily invited comments until January 18, 2013.
Turtle Bay Resort is now in the process of reviewing and responding to comments made on their Draft Supplemental EIS (DSEIS).  Keep the North Shore Country, several organizations and many concerned individuals uncovered serious flaws in the DSEIS.
We have requested the Department of Planning and Permitting require proper impact analyses and a Revised DSEIS to be circulated for additional comment.  It is unreasonable that such a flawed document as the DSEIS might be accepted without major revisions.   - 2/3/13    

Here are links to certain comments submitted by us and other concerned organizations.


Keep the North Shore Country Comments on the DSEIS
Additional Comments from Director Lucky Cole

Comments from other concerned organizations: 

Sierra Club, Hawaii Chapter
Center for Biological Diversity
Conservation Council for Hawaii
Defend Oahu Coalition
Life of the Land
North Shore Outdoor Circle
The Outdoor Circle
Unite Here Local 5

Celebration at Waimea Valley


 
We were honored by the presence of Rory Wicks, from Coast Law Group, and Tom Brohard, our traffic expert, both visiting from California.  John Gray, who coined the term "Keep the Country Country" back in the 70s, flew in from Thailand to join the festivities.
 
Reverend Bob Nakata provided the invocation.  Lucky Cole gave noted the contributions of key players over the years, including Creighton and Cathleen Mattoon, DeeDee Letts, Nakata, Defend Oahu Coalition, and our great legal team.  A great applause went out in memory of Jeff Johnson, the person most responsible for forming KNSC.
 
Gil Riviere thanked everyone for their continuing support and reminded them that this legal battle is not the end of the story, but one important step for the community to be engaged in the future plans for the resort.
 
Here are some pictures from the celebration.  - 5/20/10
The Pikake Pavilion in Waimea Valley was filled with hundreds of happy supporters on Friday Evening, May 14, 2010.  Four years after the latest chapter in the Turtle Bay Resort expansion plan surfaced and a month after the Hawaii Supreme Court ruled for KNSC and Sierra Club, people were ready to celebrate.

We Win! Supreme Court Orders SEIS!

On April 8, 2010, the Hawaii Supreme Court rendered a strong Opinion in support of our case for a supplemental EIS.  Here is the news roundup.

Honolulu Advertiser
Jerry Burris
Ian Lind
KITV
KHON
Honolulu Star Bulletin
Pacific Business News
The Garden Island
Beach Access Hawaii
Surfline

Regarding Kuilima's Uncertainty


 
Read the entire March 11th essay at Hawaii Reporter.   - 03/30/10
Kuilima Resort Company's press releases about the creditors taking control of the resort in lieu of foreclosure miss the point entirely. The expansion of the Turtle Bay Resort from about 500 rooms to 4000 resort units is overwhelming unpopular because of the potentially catastrophic impacts such an expansion would cause on the North Shore community.

New Owner or the Same Creditors?

  - 02/24/10
 
Honolulu Advertiser
Honolulu Star Bulletin
Pacific Business News
TradingMarkets.com
KITV      KHON
 
Similar reporting at PBN on 3/7/10
 
A new holding company formally took ownership of theTurtle Bay Resort this week.  After more than two years in foreclosure, the creditors behind the action have formally taken control.  Oaktree Capital Management walks away from the resort and 469 acres of farm land mauka of Kamehameha Hwy in exchange for $400 million they borrowed in 2005.

Land Use Commission Battle Continues

Defend Oahu Coalition has been pursuing a motion to show cause why the 1986 Conditional Zoning Change should not be rescinded on 236 acres at the Turtle Bay Resort.   On February 4, 2010, the Land Use commissiont considered denying the motion and, alternatively, modifying the ordinance to place a time limit going forward.  After two years of consideration, the LUC still has not been able to decide on a course of action.