WAIMEA — Several weeks of logging in a small Waimea neighborhood appears to have come to a halt after an injunction was granted by the 3rd Circuit Court and a citation was issued from the county Department of Public Works.
Last month, Kamehameha Schools filed a complaint requesting immediate and permanent injunctive relief against defendants Jonathan P. Spies and his companies, Hamakua Renewable Enterprises LLC and Golden Lion Hawaii LLC, for trespassing and the illegal harvesting of eucalyptus trees on KS property in the Kapulena area.
According to the complaint, the defendants harvested more than 28 acres of eucalyptus timber at two different sites on Kamehameha Schools property on the Hamakua Coast.
“We are pleased that 3rd Circuit Court Judge Greg Nakamura approved the stipulated injunction between Kamehameha Schools and the defendants, which prohibits the defendants from continuing to trespass on KS’ property and harvesting and removing our eucalyptus trees,” said Crystal Kua-Bikle, senior communications specialist for Kamehameha Schools. “We look forward to this matter being resolved through the courts expeditiously.”
The logging was brought to the attention of Kamehameha Schools by neighbors who live in the area on Mud Lane. Since the first part of May, residents say heavy equipment has been going up and down their paved one-lane road along with loads of timber.
“As long as someone is complying with the law and not endangering anyone I’m fine with the logging,” said 20-year Mud Lane resident Judy Howard on Wednesday.
However, like many Mud Lane residents, Howard thought the logging trucks going up and down the one-lane road was dangerous.
“They’re just too big,” Howard said. “They can’t fit on the road.”
The last time residents saw logging trucks on the road was about a week ago.
On June 15, Spies also was cited by the Department of Public Works after two inspections of the site confirmed there was no permit to work within the county right of way for grubbing vegetation and placing gravel material in the county right of way.
According to the citation, Spies’ logging operation required a construction permit. Violations include “impeding and obstructing the public; endangering persons and property.”
On Wednesday, Spies said he was not aware of a citation and had no comment. But earlier this month, Spies said the situation was all a misunderstanding.
Spies said he had a contract with a contractor on Mud Lane and a private owner in the same area as KS. It was an accident that he cut on the Kamehameha Schools land, he said.
On Wednesday afternoon, the dirt section of Mud Lane was a smooth ride down to the logging site. Several logs on the Kamehameha Schools property were still piled up, untouched. Across the way, several eucalyptus trees had been cut down and hauled away. No active logging was going on at the time.
Howard said she’d like to see the trucks permanently banned from the road so public safety is protected.
Aside from logging, the upgrades to the dirt section of Mud Lane brought the unforeseen consequence of people dumping damaged vehicles in the area.
“This is what happens when you make the roads passable,” said Mud Lane resident Frosty Yardley on Wednesday.
According to the county’s citation, Spies has 30 days to obtain a Work Within the County Right of Way permit. Until then, he is to stop all activity in the area.
Email Tiffany DeMasters at tdemasters@westhawaiitoday.com.
