STATE OF HAWAIʻI

DEPARTMENT OF LAND AND NATURAL RESOURCES

OFFICE OF CONSERVATION AND COASTAL LANDS
Honolulu, Hawaiʻi

March 10, 2023

Board of Land and Natural Resources

State of Hawaiʻi
Honolulu, Hawaiʻi

REGARDING: Request for Administrative Fines and Other Penalties

Against Mr. Matthew J Tang trustee of the MATTHEW J
TANG TRUST for Conservation District Enforcement Case
OA 23-14 Regarding Alleged Permit Noncompliance,
Construction of a Shoreline Erosion Control Device, and
Encroachment Upon State Land Located Makai of 53-239
Kamehameha Highway, Tax Map Key: (1) 5-3-002:041

The Board may go into Executive Session pursuant to

Section 92-5(a)(4), Hawaiʻi Revised Statutes, in order to
consult with its attorney on questions and issues pertaining
to the Board’s powers, duties, privileges, immunities, and
liabilities.

AGAINST: Mr. Matthew J Tang trustee of the TANG, MATTHEW J

TRUST

LOCATION: Makai of 53-239 Kamehameha Highway, Punalu‘u,

Koʻolauloa, Oʻahu, Tax Map Key: (1) 5-3-002:041 (subject
parcel)

LANDOWNER: State of Hawaiʻi

SUBZONE: Resource

SUMMARY
This report concerns an Office of Conservation and Coastal Lands (“OCCL”)
Conservation District Enforcement Case OA 23-14 that has two distinct components, as
described in this staff submittal. The first component is noncompliance with an
Emergency Conservation District Use Permit (“CDUP”) for failing to remove a temporary
erosion control structure upon its expiration date in July 2020. The second component is
the installation of additional erosion control structures and the installation of additional
erosion control materials in the shoreline area fronting the subject parcel.
1. Alleged Permit Noncompliance- Emergency CDUP OA 17-32

ITEM K-2
 OCCL ENF: OA 23-14

On September 30, 2021, Mr. Tang was notified in writing that Emergency CDUP
17-32 had expired in July 2020 and that the temporary erosion control structure
appeared to be an unauthorized land use and potential violation. Mr. Tang was notified
that it constituted an encroachment on State-owned land.

2. Alleged Unauthorized Materials and Erosion Control Structure(s)—ENF: OA 23-

14
Throughout 2021 and 2022, OCCL staff conducted site visits to the subject
parcel and surrounding area. OCCL staff documented additional violations of
unauthorized erosion control measures and structures in the shoreline area fronting the
subject parcel. In 2022, Mr. Tang erected a concrete ruble masonry (CRM) wall and
later removed it after being notified of the violation. However, despite numerous notices
and correspondence with Mr. Tang and his agents, the unauthorized erosion control
measures, structures, and debris still litter the State-owned shoreline fronting the
subject parcel. See Exhibit 1.
The attached exhibits contain OCCL photographs of the shoreline area fronting
the subject parcel, correspondence with Mr. Tang and his agents, a history of the
shoreline fronting the subject parcel, scientific information regarding geology and
erosion, and other relevant documents to this enforcement case.

DESCRIPTION OF AREA
The subject area is located on the east shore of Oʻahu, just southeast of Punaluʻu
Beach Park and seaward of TMK: (1) 5-3-002:041 (see Exhibit 2). Most lands in
Hawai’i that are seaward of the shoreline are in the Resource Subzone of the State
Land Use Conservation District and are owned by the State. The most recent recorded
deed for the subject parcel recorded at the State of Hawaii Bureau of Conveyances, in
part, states: Location of the seaward boundary in accordance with the laws of the State
of Hawaii and shoreline setback line in accordance with County regulation and/or
ordinance (Doc No(s) A-47000073). There is also a 25 foot setback applied to the
mauka portion of the subject parcel from the State highway (Kamehameha Highway).
The most recent delineated shoreline was certified on October 3, 2019, and the certified
shoreline followed along the top of sandbags, as located on July 30, 2018 (see Exhibit
3).
The subject shoreline property contains a single-family residence with residential
properties located to the north, south, and west of the property across Kamehameha
Highway. According to the Hawai‘i Cesspool Prioritization Tool, the property contains a
cesspool that has been identified by the Department of Health and the Cesspool
Conversion Working Group in the Priority 1 zone – which means it is recommended to
be converted (and/or closed) by 2030. 1 A cursory review of the website vrbo.com

1https://health.hawaii.gov/wastewater/files/2022/11/ccwg_final_report.pdf and
https://seagrant.soest.hawaii.edu/app2/

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indicates that the property and associated dwelling is and has been used as a transient
vacation rental since approximately June 2015 based on reviews submitted to the
website (see Exhibit 4). 2 The Pacific Ocean is to the northeast/east of the subject
parcel.
The Punaluʻu coastline is characterized by long narrow sand beaches and an offshore
fringing reef. The shallow fringing reef protects the shoreline from the full energy of
northeast tradewind waves and refracted north swells. No modern frontal dune is
evident along this portion of the Punaluʻu shoreline indicating that either the seaward
edge of the coastal dune has eroded or that it has been graded and leveled for
development. Landward of the beach and its erosion scarp consists of a low-lying
sandy coastal plain.
Long-term shoreline change rates in the vicinity of this area have trended towards
chronic erosion (approximately -0.1 feet per year with an uncertainty of +/-1.2 ft –
Exhibit 5). In addition to the long-term erosional trends are seasonal fluctuations in
beach width and shoreline position generated by sediment exchange among the
northern and southern segments of the sediment cell due to the seasonal variability in
wave and wind patterns.
The combination of long-term chronic and episodic seasonal erosion as well as the low-
lying coastal plain is producing increasingly hazardous conditions for beach-front homes
in the area owing to rapid sand loss and wave run-up. This region is extensively
developed with residential structures fronted by narrow beaches suffering from chronic
erosion, lack of modern frontal sand dunes, and the low-lying coastal plain offer less
protection with more wave energy coupled with higher sea levels. Consequently,
homes in the subject area – including the subject property - have a long history of
problems with coastal erosion.

BACKGROUND
The subject parcel has a history of being impacted by chronic and seasonal coastal
erosion. Mr. Tang, as well as the previous owner(s) of the subject parcel, have
attempted to mitigate the chronic and seasonal erosion affecting this stretch of the
shoreline. Additionally, Mr. Tang and the previous owner(s) of the subject parcel
obtained Emergency CDUPs for temporary erosion control measures fronting the
subject property. 3
The subject parcel and Mr. Tang have also been the subject of one (1) previous OCCL
enforcement action, ENF: OA 13-29, for the installation of unauthorized erosion control
devices, i.e., unauthorized land use, conducted seaward of the subject parcel within the
Conservation District. A summary of the prior authorized and unauthorized efforts by
the owner(s) of the subject parcel are summarized below. Exhibit 1, pp. 18-39, and

2 https://www.vrbo.com/756132?noDates=true&unitId=1304070 , Staff notes that there does not appear to

be a DPP Nonconforming Use Certificate for the subject parcel.
3 Emergency CDUP OA 05-09, Emergency CDUP OA 06-02, and Emergency CDUP OA 17-32

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Exhibit 6, pp. 60-67, contain a photographic history and summary of the shoreline area
fronting the subject parcel corresponding approximately with the noted dates in this
report.
On October 25, 2005, emergency authorization (Emergency CDUP OA 05-09) for a
temporary erosion control structure was given in response to shoreline erosion fronting
the subject parcel, as well as to Parcels 034 and 046. The applicant represented to the
DLNR and OCCL that they were working on a proposed beach nourishment project as a
long-term solution. OCCL files indicate that the emergency authorization expired due to
no actions being taken by the applicant.
On May 19, 2006, emergency authorization (Emergency CDUP OA 06-02) for a
temporary erosion control structure was given in response to the shoreline erosion
fronting the subject parcel as well as to parcel 046. The temporary erosion control
structure was authorized for a period of five (5) years while the owner(s) of parcel 041
and 046 worked on a long-term solution. See Exhibit 6, p. 60.
On February 13, 2013, Mr. Tang was issued a Notice of Alleged Violation & Order letter
(ENF: OA 13-29) regarding the alleged placement of rocks, large and small sandbags,
geotextile materials, and logs in the shoreline are fronting the subject parcel after OCCL
staff had conducted a site visit on January 9, 2013. The matter was resolved by OCCL
allowing Mr. Tang to apply for an Emergency CDUP with authorization of the
Emergency CDUP contingent upon the submission of a remediation and removal plan
for the alleged unauthorized uses. See Exhibit 6, p. 61.
On July 3, 2017, emergency authorization (Emergency CDUP OA 17-32) was given to
protect the single-family residence on the subject parcel from further erosion and land
loss while Mr. Tang, his neighbors, and their planning consultant Group 70 (G70)
coordinated a long-term erosion plan. The Emergency CDUP authorized a temporary
erosion control structure for a period of three (3) years and upon termination of the three
(3) years all materials were to be removed. The completion report for the removal of
encroachments (resolution of ENF: OA 13-29) and installation of the temporary erosion
control authorized by Emergency CDUP OA 17-32 was submitted on June 13, 2018.
See Exhibit 6, pp. 65-67; Exhibit 7.

UNAUTHORIZED LAND USE(S) IN THE CONSERVATION DISTRICT

There are two (2) components to the instant Conservation District Enforcement Case
OA 23-14. The first component is regarding noncompliance with Emergency CDUP OA
17-32 by failing to remove the temporary erosion control structure by July 3, 2020. The
second component is for the installation of additional unauthorized erosion control
materials and structures in the shoreline area fronting the subject Parcel.
On September 30, 2021, Mr. Tang received notification that Emergency CDUP OA 17-
32 expired, and that the temporary erosion control structure authorized under the
emergency authorization was no longer in compliance nor have active authorization to
occupy State-owned lands. See Exhibit 8, p.75. The notification explained that the
expired, noncompliant temporary erosion control structure constituted an alleged land

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use violation as well as an encroachment on public lands. Further, OCCL staff had
identified new alleged unauthorized land use(s) fronting the subject parcel. The
placement and construction of further unauthorized erosion control materials and
structures, such as a concrete rubble masonry (“CRM”) wall, concrete poured to fill in
and secure rocks/boulders, and small polypropylene sandbags, which had been placed
in the eroding section under the Tang dwelling and its deck, constituted evidence of
alleged unauthorized land uses. The installation of geotextile tubes (burritos) and
boulders in the shoreline area constitute evidence of further alleged unauthorized land
uses. The following chronological documentation discusses the subject violations and
provides evidence of the alleged unauthorized land use(s). See Exhibit 1, pp. 18-39,
for photographic evidence of the alleged permit noncompliance and unauthorized land
uses within the Conservation District.

1. Permit Noncompliance – Emergency CDUP OA 17-32

Emergency CDUP OA 17-32 was issued to Jeffrey Overton, a principal planner
at G70, on behalf of Mr. Tang in 2017 and authorized the placement of a temporary
erosion control structure for three (3) years. The authorized structure consisted of
SEAblankets connected by polypropylene rope, connected to a header board held in
place with earth anchors, across eighty (80) feet of shoreline. The applicant signed,
concurring with the conditions of the Emergency CDUA, on June 18, 2018. See Exhibit
7, pp. 68-74.

On July 3, 2020, Emergency CDUP OA 17-32 expired. Pursuant to Condition #2

of Emergency CDUP OA 17-32, the temporary erosion control structure and all
associated materials were to be removed. See Exhibit 6, p. 67 and Exhibit 7.
On March 17 and May 25, 2021, OCCL staff conducted a site visit to the area
and observed the expired temporary erosion control structure was still occupying State
lands fronting the subject parcel. Additionally, OCCL staff observed additional
unauthorized burritos, rocks, and small polypropylene sandbags placed in the shoreline
area fronting the subject parcel. See Exhibit 1, pp. 18-20.
On September 30, 2021, issued the Matthew J Tang Trust a Notification of
Alleged Noncompliance regarding Emergency CDUP OA 17-32. See Exhibit 8, pp. 75.
The notification noted that Emergency CDUP OA 17-32 expired on July 3, 2020, the
temporary erosion control structure was to be removed per Condition #2 of the
Emergency CDUP, and an OCCL-site inspection in the area on May 25, 2021, showed
the temporary erosion control structure had not been removed and that unauthorized
materials were still in the shoreline area fronting the subject parcel. The notification
stated that the subject erosion control structure no longer complies with the terms and
conditions of the Emergency CDUP and that the permittee no longer had authorization
to utilize State-owned lands. The notification requested that the landowners submit a
written report describing how they intended to correct the situation. See Exhibit 1, pp.
21-24.
On October 25, 2021, Mr. Tang sent OCCL a response letter to the Notification of
Alleged Noncompliance. See Exhibit 9, p. 78. The letter noted that the ocean currently

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washes under the seaward edge of Mr. Tang’s home during high wave events.
Additionally, the letter stated that Mr. Tang and his neighbors had engaged G70 and
environmental consultants to address the planning and permitting requirements for a
range of short-term and long-term solutions including stabilization of the shoreline,
adjustments to the residential structure, and beach augmentation. The letter also noted
the City and County of Honolulu Department of Planning and Permitting’s denial of Mr.
Tang and his neighbors’ shoreline setback variance application and pending contested
case regarding the denial. The letter requested that the unauthorized temporary
erosion control structure be allowed to remain.
2. Unauthorized Materials and Erosion Control Structure(s) – ENF: OA 23-14
On December 16, 2021, OCCL staff conducted a site visit to the area. OCCL
staff observed that the expired temporary erosion control structure was still occupying
State lands. The structure appeared to be dilapidated and unauthorized materials
consisting of rocks/boulders and small polypropylene sandbags were being utilized in
the unauthorized erosion control structure. See Exhibit 1, pp. 25-27.
On September 28, 2022, OCCL staff conducted a site visit to the area. Staff
observed that a new concrete ruble masonry (CRM) wall had been constructed seaward
of the vegetation line along the northern portion of the subject parcel. See Exhibit 1,
pp. 28-33, for photographs of the CRM wall. OCCL staff observed rocks/boulders and
small polypropylene bags utilized to support or reinforce expired temporary erosion
control structure. Concrete had been poured to secure the rocks/boulders, secure the
small polypropylene bags, and fill the void created by erosion and scour under the deck
and dwelling. Exhibit 1, p. 32. Staff observed ongoing, active installation of additional
erosion control materials consisting of a geotextile tube and rocks/boulders in the
shoreline area fronting the subject parcel. There was a small crew working in the
shoreline and on the subject parcel with the unauthorized materials and a small
excavator/backhoe. See Exhibit 1, pp. 28-36, for photographs of the CRM and
unauthorized work observed.
On September 30, 2022, the Department issued the MATTHEW J TANG TRUST
and trustee Mr. Tang a Notice of Alleged Violation (ENF: OA 23-14) regarding OCCL’s
site visit on September 28, 2022, and unauthorized work observed. See Exhibit 10, pp.
79-81.
On or about October 1, 2022, OCCL became aware that the subject parcel was being
marketed for sale.
On October 14, 2022, the OCCL issued Mr. Tang’s realtors, Dan K Ihara and
Tiffany Young of Keller Williams Honolulu, a letter regarding the alleged violations in the
shoreline area fronting the subject parcel and the lack of response from Mr. Tang to the
Notice of Alleged Violation. See Exhibit 11, p. 105.
On October 20, 2022, Mr. Tang responded to the Notice of Alleged Violation
ENF: OA 23-14. The letter reiterated that the highest wash of the waves washes under
the seaward edge of the dwelling on the subject parcel. The letter also reiterated that
Mr. Tang had continued to engage G70 and other environmental consultants to study a
range of short- and long-range options. The letter stated that Mr. Tang intended to

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 OCCL ENF: OA 23-14

remove the CRM wall to comply and requested that he be reauthorized for temporary
erosion control measures fronting the subject parcel. See Exhibit 11, pp. 106-107.
OCCL staff notes that Mr. Tang has reiterated that he is in contact with G70 since as
early as 2017 if not before then.
On November 1, 2022, the OCCL sent Mr. Tang a letter noting that his previous
response did not address the unauthorized materials placed and being utilized in the
shoreline area fronting the subject parcel, and that the noncompliant expired temporary
shoreline protection structure appeared to be an alleged land use violation and
encroachment. The letter also stated that the Department and OCCL could not extend
or reauthorize the expired, unauthorized temporary erosion control structure(s). The
letter noted that it had come to OCCL’s attention that Mr. Tang and his agents were
marketing the subject parcel and that staff expected these matters were being disclosed
to potential buyers, as well as the mandatory seller disclosure for properties within the
Sea Level Rise Exposure Area (SLR-XA) as required by Hawaii Revised Statutes (HRS)
§508D-15. See Exhibit 11, pp. 108-109.
On November 8, 2022, Mr. Tang sent OCCL a response letter noting that
removal of the CRM wall was tentatively scheduled for completing by November 14-15,
2022, and that Mr. Tang would provide OCCL staff with photo evidence of removal. The
letter stated that Mr. Tang would be moving the dwelling on the subject parcel
approximately 25 feet landward on the property and that he expected this could be done
within 30 to 45 days, indicating that Mr. Tang was attempting to get permits from the
City and County of Honolulu, Department of Planning and Permitting (“DPP”) to do so.
The letter reiterated Mr. Tang’s request to keep the unauthorized erosion control
materials until the house could be moved at which time the materials would be
removed. See Exhibit 1, pp. 37-39; Exhibit 11, pp. 110-111.
On December 6, 2022, the OCCL sent Mr. Tang a letter reiterating that the
OCCL cannot extend expired permits, nor could OCCL staff entertain any applications
for repairs or reconstruction of any structure or land uses being investigated for possible
violation of Hawaii Administrative Rules (HAR) Chapter 13-5. The letter also noted that
Mr. Tang’s previous correspondences to the OCCL did not address the unauthorized
materials placed within the shoreline area fronting the subject parcel such as, but not
limited to, rocks/boulders, small polypropylene sandbags, and the concrete pad that
was poured under the lanai which appears to be makai of the shoreline. See Exhibit
11, pp. 112-113.
On December 13, 2022, Mr. Tang sent the Department a letter and photos
documenting removal of the CRM wall. The letter stated that Mr. Tang had employed
consultants to help him obtain the DPP permits needed to move the dwelling on the
subject parcel more landward. See Exhibit 11, pp. 114-117.
On December 20, 2022, the OCCL sent Mr. Tang a response noting his
compliance regarding the CRM wall removal. The OCCL again noted that Mr. Tang’s
letter and actions did not resolve all the alleged violations in that they did not address
the unauthorized materials placed in the shoreline area of the Tang parcel. The letter
reiterated OCCL’s expectation that Mr. Tang was providing all of OCCL’s letters to his
realtors and potential buyers as OCCL staff had received several inquiries regarding the
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subject parcel and alleged violations. The letter also requested that Mr. Tang and his
agents clarify who the point of contact would be regarding these matters because staff
had received several letters and emails from Mr. Tang and his agents. See Exhibit 11,
pp. 118-119.
On January 5, 2023, OCCL received an email from Mr. Tang’s realtors regarding
the alleged violations. The email stated that they had received all OCCL’s letters
regarding these matters and that they had been disclosing the alleged violations and the
subject parcel’s sea level rise exposure to all interested parties. The email contained a
series of questions regarding OCCL’s enforcement case including whether removal of
the remaining alleged violations/unauthorized land uses would satisfy the OCCL and
exempt Mr. Tang from any fines. See Exhibit 11, p. 120.
On January 9, 2023, Mr. Tang emailed OCCL a letter stating that he and his
agents were continuing to work on the DPP permit to move the dwelling on the subject
parcel more landward. The letter requested more time to work on his proposal and
reiterated his request to keep the expired and unauthorized erosion control materials
that were in the shoreline area fronting the Tang parcel. See Exhibit 11, p. 121.
On January 10, 2023, the OCCL sent Mr. Tang a letter noting that staff intended
to bring this matter before the BLNR for final disposition. The letter stated that OCCL
staff had received several correspondences from Mr. Tang, his agents, and parties
interested in the enforcement case regarding the subject parcel. The letter noted that
Mr. Tang’s intentions to resolve matters was unclear to OCCL staff based on recent
communications received from Mr. Tang and his agents. See Exhibit 11, pp. 122-123.
The shoreline fronting the subject parcel has been covered with unauthorized
erosion control materials and structures since July 2020. There is no way for a person
to traverse the shoreline without encountering, or being blocked by, the accumulation of
erosion control debris fronting the subject property.
Despite Mr. Tang and his agents’ representations that he has retained
consultants to come up with a long-term plan for erosion mitigation, Mr. Tang has been
working with G70 for at least five years and has yet to provide the OCCL with his plan
for erosion mitigation and/or retreat from the shoreline. The OCCL has been provided
with little evidence to suggest that Mr. Tang and his agents will voluntarily remove the
unauthorized erosion control materials and structures from State-owned lands.

CONSERVATION DISTRICT RULES AND STATUTES

Land uses in the Conservation District are regulated under Hawaiʽi Revised Statutes
(“HRS”) Chapter 183C, and Hawaiʽi Administrative Rules (“HAR”), Chapter 13-5. HAR
Chapter 13-5, HAR, identifies land within the Conservation District that require OCCL
and/or BLNR approval and/or a permit. Chapter 13-5, HAR, also provides the
administrative rules relating to penalties, collection of administrative costs, and
damages against persons responsible for unauthorized land uses within the
Conservation District.

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Section 13-5-6(d), HAR, provides that “no land use(s) shall be conducted in the
conservation district unless a permit or approval is first obtained from the department or
board.”
Section 13-5-2, HAR, defines “land use” as follows:
(1) the placement or erection of any solid material on land if that material remains
on the land more than thirty days, or which causes a permanent change in the
land area on which it occurs;
(2) the grading, removing, harvesting, dredging, mining, or extraction of any
material or natural resource on land;
(3) the subdivision of land; or
(4) the construction, reconstruction, demolition, or alteration of any structure,
building, or facility on land.
One of the allowed uses is for shoreline erosion control Section 13-5-22 P-15(D-1) ,
HAR:
Seawall, revetment, groin, or other coastal erosion control structure or device,
including sand placement, to control erosion of land or inland area by coastal
waters, provided that the applicant shows that (1) the applicant would be
deprived of all reasonable use of the land or building without the permit;(2) the
use would not adversely affect beach processes or lateral public access along
the shoreline, without adequately compensating the State for its loss; or (3)
public facilities (e.g., public roads) critical to public health, safety, and welfare
would be severely damaged or destroyed without a shoreline erosion control
structure, and there are no reasonable alternatives (e.g., relocation). Requires a
shoreline certification.
Section 183C-7, HRS, provides the statutory penalty for violations of Chapter 13-5,
HAR, and provides, in part:
(a) The department shall prescribe administrative procedures as it deems
necessary for the enforcement of this chapter.
(b) Any person violating this chapter or any rule adopted in accordance with this
chapter shall be fined not more than $15,000 per violation in addition to
administrative costs, costs associated with land or habitat restoration, and
damages to public land or natural resources, or any combination thereof.
After written or verbal notification from the department, willful violation of this
chapter or any rule adopted in accordance with this chapter may incur an
additional fine of up to $15,000 per day per violation for each day in which the
violation persists.
The board may set, charge, and collect the fine based on the value of the
natural resource that is damaged, the market value of the natural resource
damaged, and any other factor it deems appropriate, such as the loss of the
natural resource to its natural habitat and environment and the cost of

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restoration or replacement. The remedies provided for in this subsection are

cumulative and in addition to any other remedies allowed by law.
Pursuant to Section 13-5-6, HAR, any person, firm, government agency, or corporation
violating any of the provisions of chapter 13-5, or permits issued pursuant thereto, shall
be punished as provided in chapter 183C, HRS.
Chapter 205A-2(B), HRS, provides that as State policy, there is a prohibition on the
construction of private shoreline hardening structures, including seawalls and
revetments, at sites having sand beaches and at sites where shoreline hardening
structures interfere with existing recreational and waterline activities.

ENCROACHMENT UPON STATE LAND

Section 115-9(a), HRS, establishes a prohibition on individuals obstructing access to
public property, by having installed a physical impediment, and intentionally prevents a
member of the public from traversing a public right of way or beach transit corridor and
thereby obstructs access to and along the sea or the shoreline. Section 115-9(b)
specifically lists constructed barriers and rubbish. The right of access to Hawai‘i’s
shorelines includes the right of transit along the shorelines. Section 115-4, HRS.
Although the OCCL staff is not seeking to impose criminal liability on Mr. Tang through
Section 115-9(c) and (d) at this time, it is notable that such liability exists. At this time,
OCCL staff seeks to impose administrative and civil fines upon Mr. Tang for his
encroachments on State lands.
Section §171-6 (12), HRS, states the Board of Land and Natural Resources (“Board”)
may “[b]ring such actions as may be necessary to remove or remedy encroachments
upon public lands. Any person causing an encroachment upon public land shall:
(A) Be fined not more than $1,000 a day for the first offense;
(B) Be fined not less than $1,000 nor more than $4,000 per day upon the second
offense and thereafter;
(C) If required by the board, restore the land to its original condition if altered and
assume the costs thereof;
(D) Assume such costs as may result from adverse effects from such
restoration; and
(E) Be liable for administrative costs incurred by the department and for payment
of damages…”
Section §171-6 (15), HRS, further allows the Board to assess the following fines for a
violation on Chapter 171, HRS, or any administrative rule adopted thereunder:
(15) Set, charge, and collect reasonable fines for violation of this chapter or any
rule adopted thereunder. Any person engaging in any prohibited use of
public lands or conducting any prohibited activity on public lands, or violating

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any of the other provisions of this chapter or any rule adopted thereunder, for
which violation a penalty is not otherwise provided, shall be:
(A) Fined no more than $5,000 per violation for a first violation or a
violation beyond five years of the last violation; provided that, after
written or verbal notification from the department, an additional $1,000
per day per violation may be assessed for each day in which the
violation persists;
(B) Fined no more than $10,000 per violation for a second violation within
five years of the last violation; provided that, after written or verbal
notification from the department, an additional $2,000 per day per
violation may be assessed for each day in which the violation persists;
(C) Fined no more than $20,000 per violation for a third or subsequent
violation within five years of the last violation; provided that, after
written or verbal notification from the department, an additional $4,000
per day per violation may be assessed for each day in which the
violation persists; and
(D) Liable for administrative costs and expenses incurred by the
department and for payment for damages, including but not limited to
natural resource damages.
In addition to the fines, administrative costs, and damages provided for
hereinabove, for damage to or theft of natural resources, the board may also
set, charge, and collect a fine that, in its discretion, is appropriate considering
the value of the natural resource that is damaged or the subject of the theft.
In arriving at an appropriate fine, the board may consider the market value of
the natural resource damaged or taken and any other factor it deems
appropriate, such as the loss of the natural resource to its natural habitat and
environment and the cost of restoration or replacement. The remedies
provided for in this paragraph are cumulative and in addition to any other
remedies allowed by law.
No person shall be sanctioned pursuant to this section for the exercise of
native Hawaiian gathering rights and traditional cultural practices as
authorized by law or as permitted by the department pursuant to article XII,
section 7, of the Hawaiʽi state constitution.

DISCUSSION
The beaches of Hawaiʽi are held in trust by the State for the benefit of present and
future generations. The State must be consulted, and a land disposition obtained, when
individuals seek to temporarily use beach areas for construction purposes. There should
be consequences when an individual unilaterally and willfully acts in such a way that
endangers a public trust resource.
Coastal erosion occurs as a result of the following phenomena:

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(1) Seasonal changes in waves and currents that moves sand alongshore or
across the shore, adjusting the beach profile;
(2) Long-term (chronic) deficiencies in natural sand supply and/or fluctuations in
meteorological or oceanographic processes such as storms and seas level rise;
and
(3) Human impacts to sand availability through sand impoundment and supply
disruption from development and coastal engineering.
During the last several years, beach erosion in this area appears to have intensified
significantly. While such erosion could be attributed to decadal scale fluctuations in
beach morphology (normal accretion and erosion cycles), it is more likely that the
erosion has become chronic and permanent and as a result of acceleration in sea level
rise this century. Thermal expansion of the oceans and melting glaciers and ice fields is
causing sea level rise resulting in the landward migration of the active beach. Over the
past century, local tide gauges have measured approximately 0.5 ft of rise in sea levels
among the islands such that it should be no surprise that resulting impacts are
occurring.
The Department has taken a number of measures throughout the past two decades to
address the progressively damaging chronic and seasonal erosion concerns in the
greater Punalu‘u area. Prior to 2020 the Department authorized, through Emergency
CDUPs, temporary erosion control measures such as geotextile cloths, commonly
known as sandbag burrito revetments, fronting several homes in the subject area.
The Department authorized these erosion measures as temporary solutions so that
long-term options could be developed by subject landowners. Requests such as those
above have become commonplace to the extent that geotextile tarps and sandbags line
several sections of the shoreline along this stretch of the Punalu‘u coastline. 4
OCCL staff acknowledges that the situation is challenging for the homeowners, but the
Department is also confronted by the lack of compliance and continued violations. The
subject landowners do not seem to have used the opportunity of temporary
authorizations to develop long-term options, such as moving their homes away from the
shoreline. Instead, it appears Mr. Tang has hardened the shoreline without
authorization and appears to be attempting to pass the subject property and its
associated challenges onto another party. The OCCL has received several inquiries
from parties interested in the property regarding the alleged violations.
Chapter 205A-2, HRS, regarding Coastal Zone Management, was amended by Act 16
in 2020 to include the following policy:

4 The OCCL notes that while these measures are currently mildly effective at protecting beachfront
development, it is understood that sea level rise will render these temporary measures increasingly
ineffective. For this reason, the OCCL encourages beachfront homeowners living on chronically eroding
shorelines to take proactive measures, such as decreasing their building footprint and relocating
structures to the extreme landward extent of their property boundaries.

12
K-2
 OCCL ENF: OA 23-14

(B) Prohibit construction of private shoreline hardening structures, including

seawalls and revetments, at sites having sand beaches and at sites where
shoreline hardening structures interfere with existing recreational and waterline
activities.
As such, the Department has notified landowners that they can expect far more
stringent conditions on work in the shoreline than what has been required in the past.
This is a chronically eroding shoreline, at the rate of approximately -0.1 feet per year. A
natural shoreline would migrate inland. However, in the subject area houses have been
built directly on a low-lying coastal plain which are experiencing the effects of more
wave energy coupled with higher water levels. The situation we are facing was
inevitable – the beach was naturally going to migrate to where the homes are located.
Hardening an actively eroding shoreline breaks the natural sand cycle and leads to
beach loss. A 1999 study found that 10.7 miles of beach on Oʻahu had been narrowed,
and 6.4 miles lost … or 24% of the State’s original 71.6 miles of sandy shoreline.
Hardening the shoreline in one area leads to impacts on neighboring properties. One
person’s activities taken in their own self-interest can negatively impact the State’s
public trust resources, neighboring properties, and create a hazardous situation for the
public.
The administrative rules recognize that the allowance of shoreline erosion control
measures for private applicants is a balance between the applicant’s reasonable use of
private property, the effect on beach processes or lateral public access, and protection
of the public trust beach and shoreline access. HAR § 13-5-22 P-15(D-1).
The OCCL has been significantly challenged by the events along this stretch of the
Punalu‘u coast over the past several years. The OCCL has been trying to balance the
security of the homeowners with protection of the sand beach. Without intervention by
the OCCL with temporary soft erosion control measures, many homes would have
already been harmed. Yet, many homeowners have installed, and continue to install,
erosion protection systems on public beach land in the Conservation District without
Department and/or Board consent or authorization.
Based on the presented evidence, the unauthorized temporary erosion control
structure(s) and erosion control measures sit upon State-owned public and constitute
land use violations. Mr. Tang did not obtain authorization from OCCL or obtain a land
disposition or permission from the Board to utilize and occupy State lands.. 5 Based on
previous correspondences with Mr. Tang, he is fully aware of the noncompliance,
existing violations, and the need to consult with the OCCL to obtain authorization(s)
prior to conducting work in the shoreline area.

5Because the emergency erosion control structure is installed in front of the portion of the property that is
eroding, it is considered to be on the state submerged land. The Department requires an applicant for an
emergency erosion control permit (such as to place sandbags on the beach) to apply for a Right of Entry
or a Revocable Permit from the Board under HRS 171-55.

13
K-2
 OCCL ENF: OA 23-14

OCCL staff recommends that the Board issue fines and penalties allowed under its
authority, further described below.

FINDINGS AND CONCLUSIONS

Based on the above-summarized information, OCCL Staff has reached the following
findings and/or conclusions regarding the alleged violations:
1. That Mr. Tang did in fact, authorize and cause:
• The placement of additional erosion control measures and the
construction of shoreline hardening structures (seawall and/or revetment)
upon public land within the State Land Use Conservation District,
Resource Subzone;
• There is no land disposition for the occupation of public land by the
erosion control measure(s)
2. That, despite receiving notices from the OCCL starting in 2020, Mr. Tang has
failed to remove debris and past erosion control structures fronting the subject
parcel; and
3. That the unauthorized occupation of public land by Mr. Tang and/or his agents
occurred upon submerged public land that lies within the State Land Use
Conservation District, Resource Subzone.

STAFF RECOMMENDS
1. That the Board of Land and Natural Resources adopt the findings and
conclusions of OCCL staff and issue the following administrative fines:
a. Pursuant to Section 183C-7, HRS, Mr. Tang is fined $15,000 for violating
the provisions of Section 13-5-24, HAR, by failing to abide by the terms
and conditions of Emergency CDUP OA 17-32 that require the removal of
the temporary erosion control measures at the end of the authorization
period from submerged land in the Conservation District Resource
Subzone;
b. Pursuant to Section 183C-7, HRS, Mr. Tang is fined $15,000 for violating
the provisions of Section 13-5-24, HAR, by constructing shoreline
hardening and/or erosion control structure(s) on submerged land in the
Conservation District Resource Subzone;
c. Pursuant to Section 171-6 (12), HRS, Mr. Tang be fined $1,000 per day
for his failure to remove the encroachments upon public lands, accrual of
such starting when he received notice on October 3, 2022, and therefore
totaling $158,000;

14
K-2
 OCCL ENF: OA 23-14

d. Therefore, that the total fines and administrative costs levied against Mr.
Tang is $188,000 and that Mr. Tang shall pay all designated fines and
administrative costs within thirty (30) days from the date of the Board’s
action;
2. That Mr. Tang or a future owner of the subject parcel shall remove all
unauthorized erosion control materials and encroachments within one hundred
eighty (180) days from the date of the Board’s action;
3. That Mr. Tang or a future owner of the subject parcel shall remove or relocate the
portions of the dwelling that are makai of the shoreline within one hundred eighty
(180) days from the date of the Board’s action. That Mr. Tang or a future owner
of the subject parcel shall ensure that removal or relocation of the dwelling or
portions of it that are makai of the shoreline comply with all applicable statutes,
ordinances, rule, regulations, and conditions of the Federal, State and County
governments;
4. That Mr. Tang shall restore the shoreline area to a more natural state and the
Department’s satisfaction within one hundred eighty (180) days from the date of
the Board’s action;
5. Regarding Recommendation 4, the Board authorizes the issuance of a right-of-
entry permit to Mr. Tang or a future owner of the subject parcel covering the
subject area for removal of shoreline erosion control device under the terms and
conditions cited above, which are by this reference incorporated herein and
further subject to the following:
a. The standard terms and conditions of the most current right-of-entry
permit form, as may be amended from time to time;
b. The right-of-entry shall be for a term of one hundred eighty (180) days or
until the completion of the project, whichever is sooner; and,
c. Such other terms and conditions as may be prescribed by the Chairperson
to best serve the interests of the State;
6. That in the event Mr. Tang or a future owner of the subject parcel fails to restore
the shoreline area to a more natural state and the Department’s satisfaction
within one hundred eighty (180) days from the date of the Board’s action, Mr.
Tang or a future owner of the subject parcel shall be liable for costs of removal
incurred by the State or local government(s);
7. That in the event of failure of Mr. Tang or a future owner of the subject parcel to
comply with any order herein, they shall be fined an additional $16,000 per day,
pursuant to Sections 171-6 (12) and 183C-7, HRS, until the order is complied
with;
8. That in the event of failure of Mr. Tang or a future owner of the subject parcel to
comply with any order herein, this matter shall be turned over to the Attorney
General for disposition, including all administrative costs; and

15
K-2
 OCCL ENF: OA 23-14

9. Delegate authority to the Chairperson to effectuate the above recommendations,

subject to such conditions as may be prescribed by the Chairperson to best
serve the interest of the State, without further consultation with the Board, subject
to review and approval by the Department of the Attorney General.

Respectfully submitted,

Trevor Fitzpatrick, Staff Planner

Office of Conservation and Coastal Lands

Approved for submittal:

______________________________
Dawn N. S. Chang, Chairperson
Board of Land and Natural Resources

16
K-2
Exhibit List for K-2
Exhibit 1: OCCL Photos of Shoreline Area Fronting Parcel 041 and Alleged Unauthorized Land
Uses March 2021 to November 2022 (pages 18-39)
Exhibit 2: Location & Sea Level Rise Map (pages 40-42)
Exhibit 3: 2019 Certified Shoreline for Parcel 041 (pages 43-47)
Exhibit 4: H e artment of lannin ermittin ro erty nformation, a , Hawaiʻi
Cesspool Prioritization Tool Map, and vrbo.com add for Parcel 041 (pages 48-58)
Exhibit 5: UH Coastal Geology Group Erosion Rate Map (page 59)
Exhibit 6: Photographic History and Summary of Shoreline Area Fronting Parcel 041 from
Approximately 2004/2005 to June 2020 (pages 60-67)
Exhibit 7: Emergency Conservation District Use Permit (CDUP) OA 17-32 (pages 68-74)
Exhibit 8: Notification of Alleged Noncompliance Ref: Emergency CDUP OA 17-32 (pages 75-77)
Exhibit 9: October 25, 2021, Tang Response Letter to Notification of Alleged Noncompliance (page
78)
Exhibit 10: Notice of Alleged Violation ENF: OA 23-14 Alleged Unauthorized Land Use Within the
Conservation District seaward of Parcel 041 (pages 79-104)
Exhibit 11: Correspondences between OCCL, Tang, and Tang’s Agents Regarding Alleged Permit
Noncompliance and ENF: OA 23-14 from October 14, 2022 to January 10, 2023 (pages
105-123)

K-2

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Exhibit 2: Location and SLR-XA Map K-2
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1 2 1 11 2

Exhibit 2: Location and SLR-XA Map K-2

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Exhibit 2: Location and SLR-XA Map K-2
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Exhibit : 2019 Cert. Shoreline Parcel 041 K-2
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Exhibit : 2019 Cert. Shoreline Parcel 041 K-2
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Exhibit : 2019 Cert. Shoreline Parcel 041 K-2
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Exhibit : 2019 Cert. Shoreline Parcel 041 K-2
Page
1/25/23, 8:23 AM City & County of Honolulu - Department of Planning & Permitting - Property Information

City & County of Honolulu

Department of Planning & Permitting (DPP)
Property Information

53 239 KAM HWY Wednesday, January 25, 2023 | 8:20:10 AM

General Information
TMK: 53002041:0000
Building Value: $319,200.00
Building Exemption: $0.00
Land Value: $846,300.00
Land Exempt: $0.00
Acres: 0
Square Feet 17,650
Property Tax Class: Residential
City: Hauula
Zip Code: 96717
Realtor Neighborhood: Punaluu

Nearest Park:

Tax Bill Owner Information

Name Type Address Address 2 City State Zip
TANG,MATTHEW J TR Fee Owner 3110 HUELANI DR HONOLULU HI 96822

2010 Census Information Voting Information

Tract Number: 010201 City Council Member: Heidi Tsuneyoshi
Block Number: 1002 Polling Place: Hauula Elem Sch
Population (block): 72 Address: 54-046 Kamehameha Hwy
Neighborhood Board: Koolauloa

School and Transit Information Zoning and Flood Information

Elementary School: Hauula show route Zoning (LUO) Designation: R-5
High School: KAHUKU show route Ohana Zoning Designation: Eligible
Near Transit Route: Yes FEMA Flood Designation: VE
Near Bus Routes: 55, 88A Tsunami Evacuation Zone: Yes
more public safety info >>

Page Tools: PRINT | BOOKMARK | EMAIL | STREET/BIRD'S EYE More info: ZONE INFO | BUILDING PERMITS | PROPERTY TAX

Information shown on these maps are derived from public records that are Department of Planning & Permitting
constantly undergoing change and do not replace a site survey, and is not 650 S. King St, Ste 8, Honolulu, HI 96813
warranted for content or accuracy. [email protected]
Property Info Page FAQ
2010 Assessed Values as of October 1, 2009.

© 2023 City and County of Honolulu. All Rights Reserved

gis.hicentral.com/pubwebsite/TMKDetails.aspx?tmk=53002041&lyrLst=0|0|0|0|0|0|0|0|0|0|0|0|0|13|0|15|0|0|0|0|0|0|0|0|0|0|0|0|0|0|0|0|0|0|0|0|0|0|0|0|0|… 1/2

Exhibit : Property Info Parcel 041 K-2

Page
Exhibit : Property Info Parcel 041 K-2
Page
 ii
th
t
htt

Exhibit : Property Info Parcel 041 K-2

Page
2/8/23, 1:36 PM property on the beach - Honolulu County

(https://www.vrbo.com/)

Oahu, Hawaii, United States of America

Check-in Check-out

Guests

Search

United States of America / Hawaii / Honolulu County $400 avg/night

4.3 (46 Reviews) · Excellent!
property on the beach Save

Share
Add dates for total pricing

Check In Check Out

Guests

Check availability

Free cancellation up to 60 days before check-in

Arish
Contact host

Property # 756132

Report this property

Know before you go

Check Covid restrictions
here (https://apply.joinsherpa.com/travel-
restrictions?affiliateId=vrbo)

https://www.vrbo.com/756132?noDates=true&unitId=1304070 1/10

Exhibit K-2
Page 1
2/8/23, 1:36 PM property on the beach - Honolulu County

About this rental

House
1400 sq. ft

3 bedrooms
7 beds · Sleeps 10

2 bathrooms
2 full baths

Spaces
Kitchen · Living Room · Deck/Patio

property on the beach

Due to recent high surf, the owner and nieghbours had to sand
bag, beach front area. However its still safe to swim and walk on
the sand tarps. the owner had to use them for environmental
concerns.

3 bedrooms ( 2 queen bedrooms, 1 bedroom with 2 twins and 2

twins in loft)

2 full bathrooms

View more

Registration number: GE-087-360-7168-01, TA-087-360-7168-01

Hosted by Arish

Policies
Cancellation policy

100% refund of amount paid if If you have upcoming

you cancel at least 60 days trips, you can manage or
before check-in. cancel your booking in
your traveler account.
No refund if you cancel less
than 60 days before check-in. View upcoming trip
(/traveler/th/bookings)

https://www.vrbo.com/756132?noDates=true&unitId=1304070 2/10

Exhibit K-2
Page 2
2/8/23, 1:36 PM property on the beach - Honolulu County

Free cancellation deadlines are

in the property's timezone.
Learn more about cancellation
policies.
(https://help.vrbo.com/articles/What-
is-the-cancellation-policy)

100% refund No refund

Check in
60 days before
check-in

Damage and incidentals

You will be responsible for any damage to the rental property

caused by you or your party during your stay.

House Rules

Check in after 3:00 PM Maximum overnight guests: 10

Check out before 10:00 AM Minimum age to rent: 21

Children allowed: ages 0- No events allowed

17
No smoking allowed
No pets allowed

Still have questions?

Get a fast response about property amenities, check-in times, and
general questions.

Chat now

Amenities
Internet

TV

Satellite or cable

Washer & dryer

Parking

https://www.vrbo.com/756132?noDates=true&unitId=1304070 3/10

Exhibit K-2
Page 5
2/8/23, 1:36 PM property on the beach - Honolulu County

No smoking

View all 46 amenities

46 Reviews
4.3 · Excellent!

Renter beware
2/5 Stayed Dec 2022
Kimberly T.

I was greeted by the cleaning staff and a barking dog 20 minutes

after my check-in time. House was not finished cleaning until
4pm. Once cleaning staff and dog left, I dusted and cleaned sinks
of sand. There are large (2 inch) wasps in the house. Noticed that
the wasps had been logged in the guestbook. CHeck-out was just
as bad. Check out time was 11am, as I showed the cleaning lady
who arrived and smoked outside the open windows at 10:15 am.
Also received a message from the host that was kindly written
but stated that. Check-out was at 10am.

I was assessed an additional fee of $800 less than 2 weeks to my

stay for additional guests over the 6 person limit. This was not on
the original listing (booked 10 months prior to my stay) or in the
new listing posted 3 months prior to my stay. The host could not
articulate that I had to pay $50 per night per additional person. I
had to use VRBO customer service to get clarity. And VRBO
confirmed that hosts can add fees at anytime.

The house is for sale. During my stay 2 people visited wanting to

see the house. No thank you; not my job.

The house/furniture needs lots of TLC and pest control. You get
what you pay for… $800 in surprise fees or not.

Published Jan 16, 2023

Stunning Location
4/5 Stayed Dec 2022
Kathy S.

The location was beautiful. Being right on the beach and hearing
the surf made the stay for our family. It was a pleasant break from
noise and chaos of Honolulu. The Property had all the essentials
https://www.vrbo.com/756132?noDates=true&unitId=1304070 4/10

Exhibit K-2
Page 5
2/8/23, 1:36 PM property on the beach - Honolulu County

needed for a comfortable stay but could use a deep clean and
refresh. Upstairs tv did not work and screen door was hard to
open and close. Not everyone in our family was a fan of the
neighbors chickens or the heavy road traffic but with some
earplugs were able to sleep comfortably.

Published Jan 18, 2023

Vacation right on the beach

4/5 Stayed Nov 2022
Christian H. Oldenswort

Well, it is a unique spot. No doubt about it. Definately right on the

beach. But that does not cover everything. Especially as the sea is
coming closer and closer. Just a little storm and the waves hit the
house, one stairway was gone. The cleaning was good in the
average. But one bed was full of sand. By looking under the sheet
it got even worse. Lots of rubble in the yard, which has been
partly removed one day during our stay. Which means without
any notice two man were working all day with an excavator. I
know it has to be done, but it's still nothing one want's to see and
hear during a vacation. And just a little renovation and replacing
things like a damaged desk-chair would not hurt.

At the end of the day it has been a cool rental. No mistake. We

would do it again. But the quality level should be improved a little.

Published Dec 23, 2022

Fit our needs

3/5 Stayed Nov 2022
Joy E.

Not updated and not fully cleaned when we arrived but it meet
the needs of our large family with many different ages. Loved the
location though the beach was just down an embankment and
has significant erosion as noted in the listing. It is far from some
of the spots we wanted to see. With traffic it was at least 40
minutes to different parts of the island. Overall we enjoyed our
stay here.

Published Nov 28, 2022

https://www.vrbo.com/756132?noDates=true&unitId=1304070 5/10

Exhibit K-2
Page 5
2/8/23, 1:36 PM property on the beach - Honolulu County

NOT A GOOD STAY FOR WARM MONTHS NO AC

NEEDS MORE STAND UP FANS ESPECIALLY UPSTAIRS
AND UP GRADES
2/5 Stayed Oct 2022
Leilani F.

IT WAS ALRIGHT

Published Nov 10, 2022

1–5 of 46

Rooms & beds

Bedrooms: 3 (Sleeps: 10)

1 Bedroom 2
Queen

Bathrooms: 2

m1 Bathroom 2
mbination tub/shower Toilet · Combination tub/shower

Spaces

Kitchen

Living Room

Deck/Patio

https://www.vrbo.com/756132?noDates=true&unitId=1304070 6/10

Exhibit K-2
Page 5
2/8/23, 1:36 PM property on the beach - Honolulu County

Lawn/Garden

View all rooms & beds details

Map
Honolulu County, Hawaii,
United States of America
Detailed location provided
after booking

What's nearby

1. Punalu'u Beach Park 0.1 mi

2. Hauula Beaches < 0.1 mi

2

3. Ahupua'a O Kahana State… 1.1 mi

1

4. Kaluanui Beach 1.6 mi

5. Swanzy Beach Park 1.8 mi

6. Crouching Lion 2.3 mi

3

1
- 6
6
of
12
e1!12b1?source=apiv3&rapsrc=apiv3)

(https://maps.google.com/maps?
ll=21.573982,-157.877389&z=13&

Rates & availability

February 2023 March 2023

S M T W T F S S M T W T F S
1 2 3 4 1 2 3 4
5 6 7 8 9 10 11 5 6 7 8 9 10 11
$400
12 13 14 15 16 17 18 12 13 14 15 16 17 18
19 20 21 22 23 24 25 19 20 21 22 23 24 25

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Exhibit K-2
Page 5
2/8/23, 1:36 PM property on the beach - Honolulu County

S M T W T F S S M T W T F S

26 27 28 26 27 28 29 30 31
$400

Taxes and fees are additional

Additional information about rental rates

Cleaning Fee $210

Additional Guest Fee $50

Hosted by Arish
Member since 2004

Languages: English

Contact host

Home (https://www.vrbo.com/vacation-rentals) United States (https://www.vrbo.com/vacation-rentals/usa)

Hawaii (https://www.vrbo.com/vacation-rentals/usa/hawaii)
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Exhibit K-2
Page 5
Exhibit
Source: https://www.soest.hawaii.edu/crc/index.php/
resources/hawaii-shoreline-study-web-map/

2
 00 00 hoto of horeline Area rontin ub ect ro erty

0 007 O hoto of horeline Area rontin ub ect ro erty and em orary rosion ontrol easures
mer ency OA 0 0

Exhibit : Photographic History 2004/2005 to June 2020 K-2

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Exhibit : Photographic History 2004/2005 to June 2020 K-2

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Exhibit : Emergency CDUP OA 17-32 K-2
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Exhibit : Emergency CDUP OA 17-32 K-2
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Exhibit : Emergency CDUP OA 17-32 K-2
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Exhibit : Notification of Alleged Noncompliance K-2
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Exhibit : Notification of Alleged Noncompliance K-2
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Exhibit : Notification of Alleged Noncompliance K-2
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Exhibit : Tang 10/25/2021 Response Letter K-2
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Exhibit 0: Notice of Alleged Violation ENF: OA 23-14 K-2
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Exhibit 0: Notice of Alleged Violation ENF: OA 23-14 K-2
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Exhibit 0: Notice of Alleged Violation ENF: OA 23-14 K-2
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Exhibit 0: Notice of Alleged Violation ENF: OA 23-14 K-2
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Exhibit 0: Notice of Alleged Violation ENF: OA 23-14 K-2
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Exhibit : OCCL 10/14/2022 Letter to Tang Realtors K-2
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 Matthew J Tang Trust
3110 Huelani Drive
Honolulu, Hawaii 96822

October 20, 2022

Suzanne Case, Chair

State of Hawaii, Board of Land and Natural Resources
1151 Punchbowl St., Rm 131; P.O. Box 621
Honolulu, HI 96809-0621
Attn: Trevor Fitzpatrick, OCCL [email protected]

Subject: Matthew J Tang Trust

Emergency Conservation District Use Permit (CDUP) OA 17-32
53-239 Kamehameha Highway, Punaluu, Oahu; Makai of TMK (1) 5-3-002:041

Dear Chair Case and Mr. Fitzpatrick,

Thank you for letter dated September 30, 2022. We truly appreciate the patience of the State to help us address
shoreline protection at our Punaluu property. The ocean currently washes under the seaward edge of our home
during high wave events. Erosion threatens the structure foundation, and this required us to add support to
avoid failure. Your letter requests a response to address the unauthorized materials placed to protect the home
from further shoreline erosion. We are removing the CRM wall in compliance with the order. The winter high
wave season has started, and the geotextile fabric apron must be retained for some limited protection.

The future for this property necessitates reauthorized emergency protection as we continue our effort to
implement a long-term solution. The DPP denial of the variance in 2019 specifically indicated that our home
could continue to obtain emergency protection from BLNR. We respectfully request your cooperation in
allowing for our family to maintain emergency authorization to protect the property in the near term. Removal
of the geotextile protection will coincide with the construction of approved new emergency protection.

We have ongoing plans for the construction of a sloping rock revetment along the frontage of this property,
enabling us to stabilize our shoreline and prevent the State Highway from erosion threat. There is a pending
contested case hearing with the City and County of Honolulu Department of Planning and Permitting which we
anticipate will reverse the decision to deny the shoreline variance in 2019. After three years of work and
expense, we have no idea why the City has failed to hold a fair review hearing for variance reconsideration. The
variance and revetment would have allowed our home to be protected in a similar fashion to the 38 homes
along the adjacent Makalii Point, all of which enjoy boulder stack protection. There is a supplemental pilot plan
being developed with the neighbors for beach nourishment and sandbag groins along this section of the coast.

We are engaged with G70 planners and environmental consultants to address the planning and permitting
requirements. A range of short-term and long-term solutions are being studied, including stabilization of the
shoreline, adjustments to the residential structure, and beach augmentation. Mahalo for your understanding
and support in this very difficult situation. Please contact me at 808-256-4268 [email protected] We
ask for you to please provide a copy of correspondence to our planner Jeff Overton [email protected].

Aloha,

Matthew Tang
Exhibit : Tang 10/20/2022 Letter K-2
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Exhibit : Tang 10/20/2022 Letter K-2
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Exhibit : OCCL 11/1/2022 Response Letter K-2
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Exhibit : OCCL 11/1/2022 Response Letter K-2
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Exhibit : Tang 11/8/2022 Response Letter K-2
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Exhibit : Tang 11/8/2022 Response Letter K-2

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Exhibit : OCCL 12/6/2022 Response Letter K-2
Page 112
REF: OCCL: TF ENF: OA 23-14

limited to, erosion control blankets that are posing nuisance to nearshore waters. The
debris as well as the alleged unauthorized temporary erosion control structure also appear
to be blocking lateral shoreline access.

The OCCL reiterates that we may bring this matter before the Board of Land and Natural
Resources for final disposition.

Should you have any questions regarding this matter, contact Trevor Fitzpatrick of our
Office at [email protected]

Sincerely,

:s��
Michael Cain, Administrator
Office of Conservation and Coastal Lands

CC: Chairperson
Oahu Board Member
Oahu Land Division Office
DCCA - Regulated Industries Complaints Office
City and County of Honolulu, Department of Planning and Permitting
G70 - Attn: Jeff Overton
Keller Williams Honolulu RB
Attn: Daniel K /hara & Tiffany Young (1347 Kapio/ani Blvd, 3rd Floor,
Honolulu, HI 96814)

Exhibit : OCCL 12/6/2022 Response Letter K-2

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Exhibit : Tang 12/13/2022 Response Letter K-2
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Exhibit : Tang 12/13/2022 Response Letter K-2
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Exhibit : Tang 12/13/2022 Response Letter K-2

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,

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Exhibit : Tang 12/13/2022 Response Letter K-2

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Exhibit : OCCL 12/20/2022 Response Letter K-2
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disclosing these matters to potential buyers as we are receiving a significant number of
inquiries regarding the subject property.

We have received several letters and emails from you and your agents. Please clarify
who the point of contact will be regarding these matters to ensure that the Department
and staff are receiving a clear and consistent message from you or your agents.

The OCCL reiterates that we may bring this matter before the Board of Land and Natural
Resources for final disposition.

Should you have any questions regarding this matter, contact Trevor Fitzpatrick of our
Office at [email protected] .

Sincerely,

s� Cun,,
Michael Cain, Administrator
Office of Conservation and Coastal Lands

CC: Chairperson
Oahu Board Member
Oahu Land Division Office
City and County of Honolulu, Department of Planning and Permitting
G70 - Attn: Jeff Overton
Keller Williams Honolulu RB
Attn: Daniel K /hara & Tiffany Young (1347 Kapiolani Blvd, 3rd Floor,
Honolulu, HI 96814)

Exhibit : OCCL 12/20/2022 Response Letter K-2

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Exhibit : Tang Realtors' 1/5/2023 Email to OCCL K-2
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Exhibit : Tang 1/9/2023 Response Letter K-2
Page 121
Exhibit : OCCL 1/10/2023 Response Letter K-2
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REF: OCCL: TF ENF: OA 23-14
MATTHEM J TANG TRUST

The OCCL reiterates that we cannot extend expired permits nor allow the continued
occupation and utilization of the alleged unauthorized materials and encroachments on
State-owned land in the shoreline area fronting the subject parcel. Further, it appears
that the property is continuing to be actively marketed. The OCCL has received several
inquiries regarding the alleged violations and enforcement case (ENF: OA 23-14).

The OCCL intends to schedule this matter before the Board of Land and Natural
Resources (BLNR) for final disposition. You will be notified of the date, time, and
place/forum for this BLNR meeting in the future.

Should you have any questions regarding this matter, contact Trevor Fitzpatrick of our
Office at [email protected] .

Sincerely,

Michael Cain, Administrator

Office of Conservation and Coastal Lands

CC: Oahu Board Member

Oahu Land Division Office
City and County of Honolulu, Department of Planning and Permitting
G70- Attn: Jeff Overton
Keller Williams Honolulu RB
Attn: Daniel K /hara & Tiffany Young (1347 Kapio/ani Blvd, 3 rd Floor,
Honolulu, HI 96814)

Exhibit : OCCL 1/10/2023 Response Letter K-2

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