Oahu residents can expect more helicopter noise

The Honolulu Star Advertiser reports that O’ahu residents should expect more helicopter noise:

Some additional helicopter noise is coming the way of residents in the vicinity of H-1 and Moanalua freeways.

The Army said it will conduct a new round of training missions Friday through May 24 to the Big Island in preparation for a January deployment to Afghanistan.

The training will result in an increase in air traffic as helicopters depart Wheeler Army Airfield, and fly east along the H-1 corridor, a route mandated by the Federal Aviation Administration, officials said.

READ THE FULL ARTICLE

April 26, 2011July 14, 2011

Waikele gulch explosion: land use violations cited by City

The recent explosion and death of five workers in the Waikele tunnels involved activities that violated City zoning laws.

On his recent radio program Carroll Cox discussed a Notice of Violation of preservation land issued by the City and County of Honolulu against Ford Island Ventures:

The second hour Carroll talks about Waikele Caves with Pam Davis, a retired planner with the city Department of Planning and Permitting. She had involvement in the issue when the DPP issued a Notice of Violation at Waikele Caves. She was shocked when the Notice of Violation was withdrawn by the city after a letter from the Navy, to Corporation Counsel, claimed federal land cannot be regulated by local governments and the city had no jurisdiction on anything on federal land. The Navy argued ” it did not intend to waive sovereign immunity since it [the lease] was entered into for the express purpose of furthing a federal interest”. However, the withdrawal was strictly political. Since the Navy is not directly using the area, it is no longer under federal jurisdiction. The NOV was issued because the area was converted to commercial use for storage and manufacturing. Now it is not subject to any city or state regulations. The Waikele Caves are lawless, and five people have died.

LISTEN TO THE CARROLL COX SHOW EPISODE.

Here is more background information about the Waikele storage area and the violations of City zoning ordinances.

The City and County of Honolulu Department of Planning and Permitting issued a Notice of Violation October 4, 2010 to Ford Island Ventures. The Notice stated:

I have inspected the above-described premises and have found the following violations of City and County of Honolulu’s laws and regulations governing same:

Specific Address of Violation: 94-990 Pakela Street

Preservation District–Purpose and intent
The above-referenced property is being used for open storage, self storage, construction base yards and manufacturing facilities which are not permitted uses on this P-2 General Preservation regulated lot.

REMEDIAL ACTION NECESSARY
Please discontinue the above-mentioned uses.

You are hereby ordered to obtain permit(s) and/or correct violation by November 3, 2010.

Restore the area immediately and complete all work within 30 days from the date of this notice.

Please call the undersigned after the corrections have been made.

You are reminded that if no action is taken within the specified time:

1. A Notice of Order will be issued by the Department of Planning and Permitting imposing CIVIL FINES for the specified violations; and/or

2. This matter may be referred to the Prosecuting Attorney and/or Corporation Counsel for appropriate action.

On November 8, 2010, the Navy issued a Letter to City and County of Honolulu Corporate Counsel claiming that as the ‘owner’ of the land, the Navy has sovereignty immunity from City and County laws and regulations. The letter states in part:

Congress enacted special legislation for the specific purpose of enabling the development of Ford Island. 10. U.S.C. 2814, “Special authority for the development of Ford Island, Hawaii” provided,

“…(T)he Secretary of the Navy may exercise any authority or combination of authorities in this section for the purpose of developing or facilitating the development of Ford Island, Hawaii, to the extent that the Secretary determines the development is compatible with the mission of the Navy.” (Emphasis added.)

The statute gave the Secretary broad power to use Navy real property anywhere in Hawaii as part of the plan for such development, including the express authority to convey or lease such property “…to any public or private person or entity any real property or personal property under the jurisdiction of the Secretary in the State of Hawaii that the Secretary determines

“(A) is not needed for current operations of the Navy and all of the other armed forces; and

“(B) will promote the purpose of this section.”

You have a copy of the relevant provisions of the Interim Ground Lease dated June 30, 2003 (as amended), by which the land was leased to Flour Hawaii, LLC, FIV’s predecessor in interest. Since the lease of the Waikele Gulch property was entered into pursuant to the plan of development set forth in the Ford Island Master Development Agreement, in furtherance of the above statutory authority, there can be no question that the property is not subject to land use regulation by local government, and the NOV is of no force or effect and should be withdrawn.

In a letter dated December 3, 2010, the City withdrew its Notice of Violation, stating:

The City has taken the position that a private lessee of federal property is subject to zoning ordinances where the use of the land is purely propietary. However, in view of the Navy’s clear statement that the FIV’s lease of the subject property is “for the express purpose of furthering a federal interest” and is specifically authorized u nder U.S.C. 2814, DPP is willing to withdraw the NOV under these specific circumstances.

I have been authorized by Director Tanoue to withdraw the above referenced NOV, and the same is hereby withdrawn, without prejudice. The withdrawal of this NOV shall not constitute a waiver by the City of its zoning jurisdiction over lands or land uses by operation of law. The City expressly reserves any and all rights and remedies available to the City in the proper exercise of i ts zoning jurisdiction.

So the land is under Navy jurisdiction, but leased to a private developer who is using the land to make money. But the land is in violation of City zoning laws and regulations, except that the City cannot enforce its laws because the Navy is blocking it. So who is liable for the explosion and death of five workers in one of these tunnels? Who is regulating the activities in these tunnels? Was it only fireworks in the tunnels? Or were there other explosives?

The “special legislation” allowing the Navy to engage in real estate transactions in order to develop Ford Island has created a number of cases where the privatization and government purposes are being confused. Was this latest tragedy a result of the legal gray area created by these private ventures on public lands? Stay tuned.

April 24, 2011April 26, 2011

Nanakuli industrial park dead

As we reported previously, the Wai’anae community won a major victory by stopping the proposed industrial park encroachment into agricultural land in Lualualei. The struggle is not over however. The landowner may try again to rezone the property, and a parallel struggle is taking place over the Wai’anae Sustainable Community Plan, which was modified in its latest draft to include the spot zoning of industrial land at the Tropic Land site and a proposed highway through Lualualei via Pohakea Pass. The Pohakea pass was slipped into the plan after it had been debated extensively by the community. It reveals the long term goals of the politicians and developers to bank on a future industrial corridor through Lualualei.

There is already an access road through Lualualei via Kolekole Pass. If the Navy and Army opened up access, it could serve to alleviate the traffic congestion around the Kahe Point area.

Meanwhile, it is a good time to begin knocking on the Navy’s door to close down Lualualei Naval Communications Center and Naval Magazine to convert it into sustainable civilian uses.

Lualualei has some of the richest agricultural soil in Hawai’i. The amazing results of MA’O farms is a testament to the productivity of this ‘aina and the potential for food sovereignty.

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http://thehawaiiindependent.com/story/land-use-commission-denies-industrial-park-petition

Land Use Commission denies industrial park petition

Apr 25, 2011 – 09:25 AM | by Samson Kaala Reiny

The State Land Use Commission has denied Tropic Land LLC’s petition to allow a light industrial park’s construction on Lualualei valley farmland.

Of the eight Commissioners present (absent was Maui Rep. Lisa Judge), three –- Normand Lezy, Charles Jencks, and Ronald Heller –- denied the motion for approval made by Duane Kanuha. Land boundary amendments require a supermajority of six votes for approval.

READ THE FULL ARTICLE

+++

Nanakuli industrial park dead

A refusal to alter the site’s zoning scuttles a project planned for Lualualei Valley

Plans to establish an industrial park in Nanakuli were derailed Thursday when the project’s developer failed to win enough state Land Use Commission votes to change the zoning.

The land, once used to grow sugar cane, is now zoned for preservation.

The 96-acre project in Lualualei Valley had drawn some opposition for furthering conversion of farmland in the area but also had won praise for its promise to create jobs and business opportunities in an economically disadvantaged region.

READ THE FULL ARTICLE

April 22, 2011

14th Annual Makua Sunrise Celebration

The Makua Sunrise Celebration will be held on April 24, 2011 at 6:00 am inside Makua valley.

The first Makua sunrise service was held in 1997 on Easter morning on the beach at Makua. The Marines had planned to hold an amphibious invasion exercise on Makua beach that morning. The sunrise service included surfers and canoe paddlers in the water. Hawai’i Ecumenical Coalition and Malama Makua organized it. The Marines canceled their exercise.

The following year, the sunrise celebration was held in the center of Makua valley, inside the gates. It has been held in the valley every year since. 2011 will be the 14th Makua Sunrise celebration.

The invitation from Malama Makua reads:

The main gates will open at 5:30 am, hot tea will be served and the gathering will start at 6:am. It is open to all. It is a sharing of hearts, minds, beliefs and hopes, a moment to remember those who have passed on, those who have served, a time to celebrate spring and the coming of new life and mana, and a moment to connect with our `aina, together. Please bring your prayers, special readings, songs, dances, ho`okupu. We gather and we share. Real simple. Sometimes we share a lot of silence. Bring something to sit in or on. Bring warm clothes and maybe an umbrella for we often are blessed with the ua. And bring some potluck to share as afterwards we will gather on Makua beach.

Need more info?

Call Vince @ 478-6492 and Fred @ 696-4677.

Please share this invitation with all your contacts.

ho`opomaika`i aku ia `oe me kou `ohana,

vkd

April 21, 2011April 21, 2011

Secret memo reveals how vulnerable nuclear subs are to Fukushima-style meltdown

With the world watching the Japanese nuclear catastrophe spiral out of control, the UK Ministry of Defense (MOD) inadvertently released secret information about the vulnerabilities of British and US nuclear submarines according to news reports. The Daily Star reports:

A classified government report into the subs’ vulnerabilities has been published online with key parts blacked out to prevent sensitive material getting into the wrong hands.

But a massive blunder has meant anyone with basic computer knowledge could reverse the censorship – and read every word of the previously “restricted” report.

It reveals how easy it would be to cause a Fukushima-style reactor meltdown in a sub and details the capabilities of US vessels.

The report was published on Parliament’s website after a Freedom Of Information request by anti-nuclear campaigners.

The MOD document states:

Loss of (reactor) Coolant Accident (LOCA). All pressurised water reactors are potentially vulnerable to a structural failure in the primary circuit, causing a rapid depressurisation and boiling off of most of the cooling water. This results in failure of the fuel cladding, and a release of highly radioactive fission products outside the reactor core. While the further containment provided by the submarine’s pressure hull may contain the majority of this material inside the submarine, some leakage is likely to occur and in any event the radioactive “shine” from the submarine poses a significant risk to life to those in close proximity, and a public safety hazard out to 1.5km from the submarine. Current designs of UK and global civil power plants have systems for safety injection of coolant into the reactor pressure vessel head and passive core cooling systems. US nuclear submarines have similar systems suitably engineered for the submarine environment. UK submarines compare poorly with these benchmarks, with the ability to tolerate only a structural failure equivalent to a 15mm diameter hole, and an assessed higher likelihood of this occurring due to the materials used, the complexity of systems and the number of welds. It is assessed that in the current UK PWR2 plant the initiating structural failure causing a LOCA is twice as likely to occur as in equivalent civil and submarine reactor good practice.

READ THE FULL MOD DOCUMENT HERE

Although the memo rates US subs as safer than UK subs, the possibility of a Fukushima-style meltdown could still contaminate a wide area. In 1960, Hawai’i had a close call with a nuclear submarine accident when an explosion and fire rocked the USS Sargo while in port:

USS SARGO suffers an explosion and fire in her aft end while docked at Pearl Harbor. The fire starts from a leak in a high-pressure line that was pumping oxygen aboard. The explosion occurs a few moments later. When dock units and boats are unable to bring the fire under control quickly, officers take the SARGO a short distance from the dock and submerge it with the stern hatch open to put out the blaze. The Navy says the ship’s nuclear reactors were sealed off. and there was “absolutely no danger of an explosion from the reactor compartment.” The submarine is extensively damaged and is drydocked taking three months to repair. The SARGO is the first nuclear ship in the Pacific Fleet and was scheduled to take the visiting King and Queen of Thailand on a cruise the next day.

Hawai’i is the homeport for most of the submarines in the Pacific Fleet:

Commander, Submarine Squadron 1 (COMSUBRON One)
USS Bremerton (SSN 698)
USS La Jolla (SSN 701)
USS Charlotte (SSN 766)
USS Greeneville (SSN 772)
USS Texas (SSN 775)
USS Hawaii (SSN 776)

Commander, Submarine Squadron 3 (COMSUBRON Three)
USS Jacksonville (SSN 699)
USS Olympia (SSN 717)
USS Chicago (SSN 721)
USS Key West (SSN 722)
USS Louisville (SSN 724)
USS North Carolina (SSN 777)

Commander, Submarine Squadron 7 (COMSUBRON Seven)
USS Pasadena (SSN 752)
USS Columbus (SSN 762)
USS Santa Fe (SSN 763)
USS Tucson (SSN 770)
USS Columbia (SSN 771)
USS Cheyenne (SSN 773)

April 21, 2011

A Win for Environmental Justice! People of Wai’anae Save Farmland

The people of Wai’anae won a big victory for environmental justice. KAHEA reports, “Tropic Land’s petition for a boundary amendment to allow an industrial park on fertile farmland was DENIED today, April 21, 2011.” The post continues:

The Petitioner recognized that Commissioners had concerns about the proposed industrial park, especially whether they had access to use the Navy-owned road to leads to the property site. So in a last minute hail-mary, the Petitioner told the Commission that the Navy was now considering dedicating the land to the City. Interestingly, the City’s attorney did not know about the proposed dedication.

The Elders reminded the Commission that for six years the Navy and the City negotiated over dedicating the Lualualei Naval Access Road, which did not result in any change in the ownership or use of the road. The question of proper access to the property is something Tropic Land should have figured out long before proposing a permanent change in the land use designation of their property.

This is a campaign that began back in 2009 when the Wai’anae Environmental Justice Working Group was formed. Ka Makani Kaiaulu o Wai’anae youth participated in documenting and raising awareness about the issues related to the encroachment of industrial and military activity into farm land, protection of cultural sites, including the important sites pertaining to Maui the demigod, and health effects of environmental contamination.

Congratulations and thanks go out to the Concerned Elders of Wai’anae, the Wai’anae Environmental Justice Working Group, KAHEA, MA’O Farms and the many groups and individuals who worked on this campaign. For now the agricultural land in Lualualei will be spared an industrial onslaught. However, the threat is still looming, and struggle continues on another front. The City and County of Honolulu Planning Commission is in the process of reviewing and receiving public comments on the Wai’anae Sustainable Communities Plan (WSCP). The community has long fought to preserve the natural, cultural and human waiwai (wealth) of Wai’anae, but this latest version of the plan includes an invasive ‘spot’ of industrial use where the Tropic Land LLC industrial park is proposed in the middle of agricultural land. Yesterday, I testified in the second of two long days of hearings on the WSCP. The Planning Commission will make a decision on the plan in May.

April 11, 2011

Five workers killed in Waikele fireworks explosion

The Honolulu Star Advertiser reports that there was a terrible fireworks explosion in a storage tunnel in Waikele gulch that killed five workers of Donaldson Enterprises, Inc.

The Waikele gulch was used by the military as a munitions storage facility for many years until the 1980s. Peace activists staked out the facility to document the comings and goings of transport vehicles and identified the site as a nuclear weapons storage facility. The unwanted attention on a nuclear facility so near to the residential areas of Waipahu probably contributed to the closure of the site. The munitions, including the nuclear weapons were eventually moved to the West Loch facility.

After years of neglect, the Navy transferred the Waikele gulch to a private developer who built homes on some of the land on the ridge and turned the munitions storage tunnels into commercial storage facilities. How the Navy was able to engage in real estate deals in Hawaiʻi is another story. Read more about Waikele here. Hereʻs a link to another giveaway of public lands to private entities.

It was in one of these storage tunnels that Donaldson Enterprises stored confiscated illegal fireworks before disposing of them. The folks at Donaldson were always very helpful in giving advice to the activists who were pushing for the military to clean up its mess in Makua, Waiʻanae and elsewhere. Our hearts go out to the families and friends of the workers who lost their lives.

March 31, 2011

1 Marine dies, 3 injured in Kaneohe Bay crash, Explosion on Carrier Injures 10, and UXO Found at Fort Shafter

According to the Honolulu Star Advertiser, one marine died in yesterday’s helicopter crash in Kane’ohe Bay. The helicopter fuel pods were also damaged and are leaking jet fuel:

Three crewmen were treated at Marine Corps Base Hawaii and then taken to the Queen’s Medical Center last night. Search and rescue crews recovered the body of the fourth Marine from the helicopter.

Two of the injured Marines were in critical condition last night and one was reported in stable condition. The body of the deceased Marine was taken to Tripler Army Medical Center. His name will be released 24 hours after next of kin are notified, Olson said.

Kim Beasley, general manager of the Clean Islands Council, said it appeared that one of two external fuel pods on the helicopter had sheared off in the crash and was leaking JP-5 or JP-8 fuel. Crews were working to remove the fuel from the detached tank, which Beasley said was about eight to 10 feet away from the wreckage on the sandbar.

“One was split and one was barely leaking,” Beasley said. “The tank holds about 700 or 800 gallons, but we don’t know how much was in it, so we’ve got to drain it all.”

Elsewhere, the Honolulu Star Advertiser reported:

A jet fighter’s engine exploded and caught fire Wednesday as it prepared to take off from an aircraft carrier off California, injuring 10 sailors, the military said.

The F/A-18C Hornet was starting a training exercise when the accident occurred about 2:50 p.m. on the flight deck of the USS John C. Stennis, according to Cmdr. Pauline Storum.

Meanwhile workers discovered an unexploded navy munition at Fort Shafter:

Construction workers repairing a retaining wall found the ordnance about 7:30 a.m., a U.S. Army Garrison press release said.

The U.S. Army Garrison-Hawaii’s Directorate of Emergency Services and the base’s police evacuated the surrounding area as a precaution.

A team from the 706th Explosive Ordnance Disposal Company identified the unexploded ordnance as a World War II-era, 12-inch naval shell and took it to Schofield Barracks for disposal.

March 30, 2011

Military helicopter crashes in Kane’ohe Bay

With plans to expand the aircraft stationed at Marine Corps Base Hawaii Kane’ohe Bay, the chances of accidents increase. What if this crash had occurred in Kane’ohe town, Hawai’i Kai or Honolulu? It would be like the crash in Ginowan city in Okinawa.

Hawaii News Now reports:

A CH-53D Sea Stallion helicopter carrying four crew members crashed in Kaneohe Bay. The aircraft issued a mayday call shortly after it left Marine Corps Base Hawaii.

The aircraft made an emergency landing in shallow water on the Kaneohe Bay sandbar around 7:30 p.m. on Tuesday. Rescue crews picked up all four marines. Sources said three of them were taken to the Queen’s Medical Center with serious injuries. The emergency startled residents who live near the bay.

[…]

Fire officials said the chopper ended up on its side. Containment booms have been placed around the wreckage as a precaution. The Coast Guard is enforcing a temporary safety zone extending 500 yards around the aircraft.

March 29, 2011

Former Marine admits to beating man and raping his daughter

From the Honolulu Star Advertiser: http://www.staradvertiser.com/news/breaking/118821734.html

Former Marine admits to beating man and raping his daughter

By Nelson Daranciang

POSTED: 07:07 p.m. HST, Mar 28, 2011

A 29-year-old former Marine accused of beating up a Washington man he met on the pool deck of a Waikiki condominium-hotel then raping the man’s 10-year-old daughter has agreed to a 30-year prison term.

Christopher Cantrell pleaded guilty in state court today to five counts of first-degree sexual assault, one count of third-degree sexual assault, promoting child abuse, kidnapping, burglary and assault in a plea deal with the state. The child abuse charge is for recording pornographic images of the girl.

[…]

Police said Cantrell met the girl and her father Sept. 17, 2008 on the pool deck of the Waikiki Banyan and accompanied them to their 12th-floor hotel room. They said Cantrell asked the man if he could take nude pictures of the girl then punched him repeatedly until the man was unconscious.

He then took the girl to the 10th-floor laundry room where he raped her, police said.

Cantrell is originally from South Carolina.

He was court martialed while in the Marine Corps and sentenced to three years of confinement for missing duty, being drunk on duty, stealing a big screen television from the barracks’ common area and setting fire to one of the rooms, according to his military record. Cantrell recently completed his confinement when he met the man and girl visiting from Washington.