Pila'a development accused of blocking spring-fed stream
By Jan TenBruggencate
Advertiser Kaua'i Bureau
PILA'A, Kaua'i — Bare soil still covers much of the roadway cut mauka of Pila'a Beach on Kaua'i's northeast shore, and the Earthjustice Legal Defense Fund plans to file a second lawsuit over the situation.
Landowner Jimmy Pflueger's grading of land above the shoreline caused tons of mud to flow onto residential coastal properties and the Pila'a reef during a Nov. 26 downpour. With continuing rains, mud has kept flowing across the beach from earthmoving projects on Pflueger property.
Earthjustice, representing the Limu Coalition and the Kilauea Neighborhood Association, said it will sue under the federal Clean Water Act. Earthjustice attorney David Henkin said Pflueger dumped rocks, dirt and gravel into a spring-fed stream in the area in 2000, and repeatedly added dirt to prevent the stream from taking its original course.
"Pflueger's irresponsible dumping of fill material and stream diversions have left the stream choked with silt and mud, which flushes into the ocean with every heavy rain," said Linda Pasadava, a member of the neighborhood association board.
Earthjustice filed a separate but related action against Pflueger in federal court Aug. 19. That suit also alleges Clean Water Act violations.
"The common issue in both our pending lawsuit and this notice letter is sediment," said Limu Coalition President Ray Chuan.
"Sediment-laden water from Pflueger's careless development at Pila'a — including the construction of an access road through the middle of a stream — is washing into the nearshore waters and onto the reef, smothering fish, limu, shellfish and other marine resources on which local residents rely for both subsistence and recreation."
Even nearly a year after the storm, when viewed from the air, Pila'a beach is stained brown while neighboring stretches of sand are yellow-white.
Pflueger has been ordered by the state Department of Health and the U.S. Environmental Protection Agency to act quickly to minimize further erosion.
Pflueger and his attorneys could not be contacted for comment yesterday.
Pflueger earlier said he was impatient with the government permitting process, and his attorney Max Graham has said his client admits the grading work was done without permits. Graham also said Pflueger was cooperating with government agencies.
Pila'a resident Amy Marvin said contractors within the past week have started work based on an EPA mitigation plan, which includes the construction of a large rock wall and establishment of silt fences to control runoff.
The Kaua'i County Council has asked Prosecuting Attorney Michael Soong to investigate possible criminal charges involving violations of the county grading ordinance.
Reach Jan TenBruggencate at jant@honoluluadvertiser.com or (808)245-3074.
