August 8, 2013

The Honorable Neil Abercrombie, 

Executive Chambers, State Capitol

Honolulu, HI 96813

Dear Governor Abercrombie,

Please accept this letter as my formal complaint against Department of Hawaiian Home Lands, Land Branch Manager, Ward K. Young for what appears to be the improper and unethical treatment and enforcement of rules and guidelines governing the leasing of Hawaiian Homelands.

More specifically, information from official documents relating to a lease of DHHL land, TMK: 9-1-013:061 to Pasha, who subleased a portion of that land to Road and Highway Builders LLC, reflects that Mr. Ward K. Young failed to properly research and perform due diligence on environmental issues and permits.

For example, in an email to a Road and Highway Builders LLC employee and the Hawaii State Department of Health Solid and Hazardous Waste Branch, Mr. Ward states " I'm also comforted to hear that you amended Pasha's NPDES permit to include your material."  

I contacted the Hawaii State Department of Health Clean Water Branch to inquire about the status of "Pasha's NPDES permit" and was told the following:   "Based on our database search using the information provided, we do not show any NPDES permit being issued to Pasha for its' facility in
Kalaeloa or Barbers Point or at 1730 Kittyhawk Road, TMK: 9-1-013:061.

We also, do not show any application for an NPDES permit for the subject location.".

I believe that as a DHHL, Land Branch Manager, Mr. Ward K. Young has a legal and moral obligation to the beneficiaries of the Hawaiian Homes Act and the people of the United States to conduct himself in a manner that incorporates due diligence, absent the overly friendly approach as suggested in his letter.   I believe that Mr. Young knowingly and intentionally failed to perform due diligence and represented that Pasha possessed a valid NPDES permit. Clearly he had contact with the HDOH and should have asked if Pasha had a NPDES permit.  Instead he exacerbated the matter by further representing that Pasha had amended their NPDES permit that does not exist.

The potential for fraud and abuse is quite prevalent in the leasing of DHHL properties such as this lease. If unaddressed the possible negative consequences are to numerous too list in this letter.  A couple of the more obvious consequences are the negative environmental impacts that may be triggered by the unregulated activities and lack of an NPDES permit with its regulatory conditions to address storm and waste water runoff from the Pasha /Road and Highway Builders LLC site. Mr. Young's failure to follow through is not in the best interest of the beneficiaries and other citizens.  In closing, your administration should have a zero tolerance for this kind of behavior and Mr. Young and his superiors should received punishment.  I have attached two letters that support my complaint and provide more details relating to the Pasha/Road and Highway Builders site.   The letter from the HDOH to Road and Highway Builders LLC, shows that Mr. Young knowingly allowed thirty five(approximately 35,000) tons of cure asphalt from Hickam Air Force Base to Pasha/ Road and Highway Builders LLC, site(TMK:9-1-0136:061) and another fifteen thousand (15,000)tons to another DHHL lease (TMK:9-1-013:027) in kalaeloa.

There are a number of other sites that fall under Mr. Young's jurisdiction that should be reviewed for possible unethical or overly friendly behavior in the leasing and regulatory handling of DHHL leases.  I understand that being overly friendly is not illegal or unethical but when it is wedded in the context as we see in this situation the overly friendly mind set may have impeded Mr. Young's ability to stay focused and perform his legal and moral obligation to the DHHL beneficiaries and other citizens.

Sincerely,

Carroll Cox