Boulder hazard prompts calls
By Walter Wright
Advertiser Staff Writer
Dangers made clear by the death of Dara Onishi last month when a boulder toppled from the hillside above her Nu'uanu home continue to worry some O'ahu homeowners and communities.
Onishi was crushed in her bed when a boulder rolled through her family's home on Henry Street on Aug. 9.
State officials have invited anyone worried about rockfalls to call the Department of Land and Natural Resources' land division at 587-0433.
So far, 19 residents have called the department — from Moanalua, Niu and Pauoa valleys; and Pu'unui, Manoa, Kuli'ou'ou, Lanikai, Kailua and Waimalu.
Sixteen of those calls involved fears of rockfalls on private land, according to department spokesman Mike Markrich. Those callers were referred to the owners of the land where the rocks perch, because they have primary responsibility, Markrich said.
Two calls involved geological conditions on state land, and the department dispatched a geologist to check on those, Markrich said.
One call involved the Department of Hawaiian Home Lands property at Kalawahine Valley.
DHHL said last week it is working with developer Kamehameha Investment Co. to select a consultant to examine the terrain in Kalawahine Valley.
Boulders have hit houses in Hawai'i before. In Niu Valley in 1992, a 13-year-old girl was seriously injured by a boulder that hit her home as she slept in her bed.
But it was the Onishi death that probably changed the legal landscape in Hawai'i, said attorney Rick Fried.
Fried is not representing anyone in such a case today, but is considered one of the foremost personal injury attorneys in the state.
Onishi's death has served notice on individual homeowners and entire communities, as well as the construction and engineering professions and regulatory agencies, that there may be liability for such events, even more so now that the risk is better known, Fried said.
The prospect of increased liability could bring changes in building regulations and even land-use patterns, with more pressure to keep homes off steep terrain.
The owner of the land from which the boulder fell on the Onishi home surveyed his property and had a second big rock painstakingly removed.
But Steve Hisaka, the attorney representing the landowner, says terrain conditions above Henry Street cry out for intervention by government, because it is probably beyond the physical and financial abilities of most of the private landowners to identify rockfall hazards, let alone take corrective action.
"The city took the position initially this is private property, and they are letting the private sector handle it," Hisaka said.
"But it is almost physically impossible, short of having mountain climbers go up there, to get to some (of the terrain), and many of the people don't have the resources to deal with these types of problems.
Hisaka said he can hardly imagine "a more appropriate situation to look to the government to help."
He said his clients have resolved their own immediate concerns by quickly calling in experts. An expanding grout called Bristar was used to break a second boulder into manageable pieces. "I will say my own clients are very concerned about the cost of the work they have had done, which is still being added up. It could be between $10,000 and $20,000," Hisaka said.
He said he is exploring the extent to which his clients' insurance policies may be called on to help bear some of those expenses.
In Kalawahine Valley, where a public agency was more immediately involved, Hawaiian Home Lands moved quickly to check recent reports.
One resident, Mona Arthur, discovered that a 350-pound rock had rolled down and lodged against her fence about a month ago. Arthur said that when experts came in to take a look last week, "they climbed my fence and went up and touched all the rocks."
Francis Apoliona said those visiting the area have included two consulting firms that have submitted proposals to Hawaiian Home Lands and Kamehameha Investment Corp., the for-profit subsidiary of Kamehameha Schools that developed Kalawahine.
"We found three homes where people had been disturbing the vegetation, usually to build decks, where rocks might have become loose," he said. "We told people to stop clearing the vegetation, and there doesn't appear to be any imminent hazard as long as they don't touch the vegetation."
Elton Wong of Kamehameha Investment said the firm hopes to choose one of the consultants soon to survey the entire area, and will send notices to residents when it's time to ask permission to enter their properties.
Next, he said, will be proposals to deal with any rockfall hazards.
