“In comments dated June 25, 1979, The Department of Health cited the following concerns:

1. There may be burial sites of cattles (sic) afflicted by anthrax on the property marked by silver oak trees. These sites when encountered shall be left undisturbed during grading or land clearing operations.”

2. Kaua‘i Department of Health: Once anthrax was diagnosed, silver oak trees or rock piles were used to identify known anthrax sites on the Princeville Ranch.

• Read the full PDF document.
• Read the full web formatted document.

Q: IS THERE A RISK OF ANTHRAX IN PRINCEVILLE?

A: YES

Q: IS STARWOOD CAPITAL GROUP AWARE OF THE RISK?

A: YES

Starwood Capital Group has known about the history of anthrax on the Woods Course in PV1 since at least December 2020 when they hired Exploration Associates in Lihu‘e to provide the Ka Pa‘akai Study required for their glamping application. Starwood did NOT include the Ka Pa‘akai Study in their initial submission to the County Planning Department in May 2021; their application was therefore rejected as incomplete. The presence of anthrax became public when Starwood’s Ka Pa‘akai Study was filed with the Planning Department in their August 2021 glamping application.

In proceedings before the Federal Court in Honolulu on February 7, 2024, specifically relating to the issue of anthrax on the Woods, the attorney for Starwood unequivocally stated, “…federal regulations under it (ed. CERCLA/Superfund and RCRA Acts) contain a number of requirements and prohibitions for dealing with hazardous or solid waste as defined…by the statute. Those are requirements that we fully intend to comply with, just as we have complied with every other State or County requirements when it relates to the development of property.¹ There are no shortcuts here. … >[F]ederal regulatory oversight is required for testing, and, of course, we'll do that”.

Plaintiffs’ counsel thereafter transmitted written correspondence to Starwood’s counsel requesting (1) advance notice of any soil testing; (2) what type of testing would be done; (3) dates of any soil testing; (4) where the testing would be done; and (5)what measures would be taken to comply with any Department of Health, EPA, State, Federal and County requirements for testing of anthrax.

In spite of their clear representations to the contrary, and without any advance notice or warning to the community, Plaintiffs’ counsel, the Court, or any State or County departments, Starwood began soil sampling on the Woods Course on September 11, 2024. Workers of their contractor, GeoLabs, were wearing no protective gear and appeared to be unaware of the risk of anthrax on the Woods Course. None of the property owners adjacent to the Woods were warned of the activity nor given the opportunity to vacate before drilling operations commenced.
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¹ - We note that Starwood commenced the development of their workforce housing by the Maintenance Barn WITHOUT a permit.

Q: WHAT IS THE HISTORY OF ANTHRAX IN PRINCEVILLE?

A: THERE WAS A SERIOUS OUTBREAK OF ANTHRAX IN 1917 IN WHICH MANY HUNDREDS OF CATTLE DIED OF THE DISEASE.

“The first appearance of the disease occurred on a ranch at Hanalei, on Kaua‘i, and unfortunately a considerable number of animals had died before the diagnosis of anthrax was made...” Lucius E. Pinkham, Governor of the Territory of Hawaii, December 1918.

“It is unfortunate that these animals were all skinned, the hides salted, the carcasses being left to harbor and spread infection. It was then noticed that the pack horses used in carrying these hides caught the disease, and six of them have also died….” Hawaiian Forester 1917.

The April and June 1917 issues of The Hawaiian Forester and Agriculturalist also specifically documented the Anthrax outbreak on the Princeville Plantation/Ranch in Kaua‘i. The April issue stated:

“On April 14, the presence of a disease known as anthrax among animals was definitively reported to the Board (ed. Board of Commissioners of Agriculture and Forestry, Territory of Hawai‘i) and steps were at once taken for the control and suppression of the disease... This is the first appearance of this disease in the Territory and the cause of its outbreak on the Princeville Plantation on windward Kauai is still under investigation. The Island of Kaua‘i was at once put under quarantine…”

The June 1917 issue provided more details of the initial anthrax outbreak stating that cattle had begun dying in March, 1917. Deputy Territorial Veterinarian A. R. Glaisyer to A.H. Rice, Chairman of the Board of Commissioners of Agriculture and Forestry, Honolulu, T H (Territory of Hawaiʻi), April 13, 1917 was quoted:

“…[I]t was considered that these animals died from the heavy rainfall and not much attention paid to it. They were then moved to a lower paddock (ed. where the Woods Golf Course was later located) better protected from winds, etc., but the losses did not cease, and I was called…. Immediately upon my arrival I posted some recent deaths and diagnosed hemorrhagic septicemia”.

Unfortunately, hemorrhagic septicemia was not the correct diagnosis…it was, in fact, the dreaded disease known as anthrax. In the spring of 1917, the cattle on Princeville Ranch were dying so fast it was impossible to burn them all. “The diseased carcasses had been left lying where they fell, and I immediately had a gang of men put to work burying these carcasses and burning them thoroughly. It is practically impossible to get enough wood to burn them all, quick enough, as there are so many. After burying, the animals are covered with quicklime, then earth, and the ground adjacent thoroughly covered with lime also.”

“Unfortunately, more than 300 head of cattle were lost before a diagnosis was made, and these animals were buried shallow without cremation. Cattle were dying at the rate of ten per day until vaccine was received and administered, by which time another 225 had died. The remaining 2400 head were vaccinated twice before daily deaths subsided.” Dr. Billy Bergin, Parker Ranch Veterinarian.

In December 31, 1918, Dr. Victor Norgaård, the Territorial Veterinarian, commented on the vaccination and quarantine measures that had substantially reduced the number of anthrax deaths:

“This does not mean that the infection is eradicated but is due to the vaccination of all animals in infected pastures. Under favorable conditions the infection may remain active or alive in the soil for years, if not permanently, and preventive measures (vaccination) and constant vigilance must be continued for an indefinite period. A single anthrax carcass left unburned is sufficient to cause a destructive outbreak….” (ed. Emphasis added)

Q: HOW LONG CAN ANTHRAX LIVE IN SOIL?

A: ANTHRAX SPORES CAN SURVIVE IN SOIL FOR CENTURIES

Anthrax is an infectious disease caused by an encapsulated, spore-forming, gram-positive bacteria called Bacillus anthracis. Soil becomes infected with anthrax from discharges from animals suffering from the disease, from the dead bodies of those which are allowed to decompose on the surface, and it remains in the bones of those that have been buried.

“Inert, sleeping bacteria—or spores—can survive for years, even centuries, without nutrients, resisting heat, UV radiation, antibiotics, and other harsh chemicals. … A number of bacteria that are capable of going into deep dormancy for stretches of time are dangerous, even deadly pathogens: The powdery white form of weaponized anthrax is a made up of bacterial spores.” Harvard Medical School, “How Dormant Bacteria Return to Life”, April 27, 2023.

Bacillus anthracis is an endospore that is reported to have a half-life of approximately 100 years² and environmental decontamination is difficult. Spores are the dormant form of the bacteria which return into vegetative (ed. harmful) form on receiving the signals for germination. The surprisingly resistant spores have earned the status as a bio-terror weapon. National Institute of Health: January 2020.

“In soil, B. anthracis is found in its highly resistant endospore form and therefore, can remain live for a very long period in this state. …The endospores are dormant, well organized, and highly resistant to various stress conditions. Therefore, these endospores can remain viable for a prolonged time in the environment and can germinate into vegetative bacteria after getting the suitable environmental and nutritional requirements.” National Library of Medicine, World Journal of Clinical Cases; “Anthrax: A disease of biowarfare and public health importance.” January 2015.

“…Anthrax manages to persist in soil for hundreds of years despite environmental extremes, including wind and rain, and even go undetected during outbreaks in humans and livestock.”. Scientific American, February 2010.

Two-hundred-year-old bones found in Kruger National Park in Africa have proven to still contain viable anthrax spores. With the melting of the permafrost in Russia, the remains of reindeer that succumbed to anthrax long ago have been found to harbor viable anthrax spores.
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² - “Half life” is the time required for half of something to undergo a process of decay.

Q: IS THERE STILL A RISK OF ANTHRAX ON THE WOODS COURSE?

A: YES

Scientific evidence has proven that anthrax spores can have a half-life of at least 100 years and complete environmental decontamination, especially in soil, is extremely difficult if not impossible; it can be spread through the air if disturbed. “Symptoms of Anthrax usually develop between one and seven days after exposure but prolonged periods up to 42 days for cutaneous (skin) anthrax and 60 days for inhalation anthrax are possible, though rare. Inhalation anthrax is often fatal.” New York State Department of Health, October 2011.

It is important to understand that the collection and analysis of soil samples for anthrax spores requires very specialized methods and field experience. The interpretation of the analysis to support decisions about the potential risks has not yet been standardized. Therefore, conducting a comprehensive investigation that will ensure public safety will require input from technical experts in a variety of fields, as well as individuals with risk communication experience with the public.

Given the significant uncertainties regarding the suspected anthrax soil contamination and the potential risks to public health associated with soil disturbing activities, the most protective decision for the residents of this community and future visitors would be for the proposed development land to be left intact and undisturbed.

Excavation of soil in the relatively large and incompletely defined area in Princeville with likely anthrax contamination would pose a substantial risk of anthrax exposure and of human disease. The consequences of anthrax for anyone who is infected would be grave, including serious illness, prolonged hospitalization, and even death. A much larger consequence of a single case or of detection of spores in dust would be the need for an extensive public health response. Hundreds and perhaps several thousand people would need to be evaluated, receive prophylaxis and vaccine, and require medical follow up. In addition to the public health impact of these interventions, the long-term impact on tourism seems likely to be substantial. In light of these risks and the uncertain effectiveness of any testing and mitigation strategy, by far the safest course is to leave the area undisturbed.

It is a critical to come together as a community to stop the development of known anthrax burial sites.

Q: IS THERE A FEDERAL/ STATE/COUNTY POLICY ON ANTHRAX?

A: YES

Center for Disease Control, Interim Clearance Strategy for Environments Contaminated with Bacillus anthracis, July 2012, Outdoor Clearance Guidance:

“The ability to assess the extent of contamination, knowledge of spore fate and transport, historical experience and efficacy of decontamination technology will likely be more limited for an outdoor setting. … It should be noted that characterizing the extent of contamination and efficacy of decontamination in an outdoor setting is inherently problematic and subject to considerable uncertainty especially at the detection levels of concern to public health. This scientific uncertainty, and the lack of previous experience in clearing an outdoor environment, may ultimately require a more conservative approach.”

State of Hawaii, Department of Health, Disease Outbreak Division:

“Inhalation Anthrax: Caused by breathing in anthrax bacteria or spores. The spores are too small to be seen by the naked eye and have no special color, smell, or taste. This is considered the deadliest form of anthrax and the form most often associated with bioterrorism. Infection usually develops within a week after exposure, but it can take up to 2 months. Inhalation anthrax begins with mild cold or flu-like symptoms which include fever, chills, malaise, mild cough, or chest pain. Symptoms progress to respiratory distress with stridor (vibrating noise when breathing), hypoxemia and cyanosis (bluish coloring of the skin due to low oxygen). Death from inhalation anthrax can be greater than 85% if left untreated.”

State of Hawaii Land Use Commission memorandum:

“In comments dated June 25, 1979, The Department of Health cited the following concerns:

1. There may be burial sites of cattles (sic) afflicted by anthrax on the property marked by silver oak trees. These sites when encountered shall be left undisturbed during grading or land clearing operations.”

Q: IS THERE STILL A THREAT TO PUBLIC HEALTH?

A: YES, but…

Left undisturbed, as it has been for over 100 years, any anthrax spores will remain contained underground in their dormant state and will pose no public health risk. It is the disturbance of the spores that could present a risk of harm.

Starwood has repeatedly indicated it wants to be “shovel ready” to start development of the Woods Course on March 1, 2026. However, decontamination of anthrax in soil is very difficult, if not impossible, in an outdoor setting, and even the testing of the soil poses a risk of disturbing spores.

March 1, 2026 is quickly approaching and it is important that the North Shore community understand Starwood’s intentions of developing the Woods and the nature of the risk that development would entail. There is no time to waste, and knowledge is power. Although a century has passed since the outbreak, science has proven that anthrax endospores can still be lurking beneath the surface of the Woods. Left safely beneath the ground as intended by the original developer, and memorialized in the County approved Master Plan, any anthrax spores will remain dormant and pose no risk to public health.

This is clearly a public health issue for the North Shore. It is a critical to come together as a community to stop the development of known anthrax burial sites.

LEAVE THE ANTHRAX SPORES UNDISTURBED!

Q: AND WHAT ABOUT PROPERTY VALUES?

A: Property values tend to fall when Open Space is developed, as both mental and physical health may be diminished with the loss of it, not to mention the benefits of views and lifestyles. A May 28, 2007 article in Golf and the Business Life magazine entitled, “How Designers Affect Real Estate” indicates declines of up to 40% of home values when golf courses are developed. Properties adjacent to golf courses designed by Robert Trent Jones, Jr., in particular, hold their value according to the article.

Q: WHAT IS THE PLEDGE OF PRINCEVILLE’S MASTER PLAN?

A: Princeville’s Open Space was designed as a permanent feature of the Master Planned community – to support the original intent of providing healthy open space, preserving views for the entire community, managing drainage, and maintaining the beauty of this land and the peace and quiet that it affords. The original developers pledged a rough equivalency of open space to developed space in PV1 to the Land Use Commission and the County when the Master Plan of Princeville was originally submitted. Master Plan approval was granted by the Planning Department’s Director, Brian Nishimoto on March 20, 1970.

The pledge of the Master Plan has been upheld and maintained by all previous hotel/golf course owners. In fact, when the original developer of PV1, Eagle County Development Company, began submitting plans for PV2 to the County, they represented to the Planning Department that it was appropriate to approve Phase 2 of Princeville because PV1 had been built out according to the PV1 Master Plan approved by County Planning.

This is clearly a public health issue for the North Shore. It is a critical to come together as a community to stop the development of known anthrax burial sites.

• Hawai‘i Department of Health representative on Kaua'i
• Hazard Evaluation and Emergency Response Office
• Derek Kawakami - Kaua‘i Mayor
• Kaua‘i County Council
• Luke Evslin - Hawaii House of Representatives
• Nadine Nakamura - Hawaii House of Representatives
• Ron Kouchi - Hawai‘i State Senator
• Jill N. Tokuda - U.S House of Representatives representing Hawaii
• Brian Schatz - U.S. Senator from Hawai‘i
• Mazie Hirono - U.S. Senator from Hawai‘i
• others

November 18, 2024

Aloha,

On behalf of the 27 homeowners of the Sunset Drive Community Association, we are reaching out to express our strong opposition to the proposed development of the Woods Course in Princeville by Starwood Capital Group (SCG.) In their own public statements, SCG has announced they want to be “shovel ready” to begin construction on the Woods Course, starting March 1, 2026.

We voice two primary concerns regarding this development plan:

• Destruction of the zoned Open Space, as protected by the County approved Princeville 1 Master Plan.
• Release of anthrax that has been historically documented to be buried in multiple sites on the Woods Course.

If left undisturbed, anthrax remains in a dormant condition and poses no threat to public health. On the other hand, if spores are released during the proposed construction on the golf course, it obviously poses a significant risk of harm to the public, the businesses and ranchers of the North Shore, and the entire Hanalei Watershed.

We strongly object to relying on the results of recent soil samples to make informed decisions. SCG hired contractors to bore fifty-eight (58) six-inch wide holes on the Woods Course. This effort only tested one-tenth of one percent of the golf course land proposed for development.

Ground Penetrating Radar Scans also tested only a tiny fragment of the land. There has been no federal, state, or county oversight of this testing for anthrax (designated a Level 3 Bio-safety Hazardous Waste), no warning to local residents of this soil disturbance activity prior to drilling on the land, and no disclosure of possible anthrax presence to workers conducting the tests without appropriate protective gear.

Why would anyone dig up an anthrax graveyard and risk the release of deadly spores? We can only conclude the developer’s greed for investor profits outweighs their responsibility for public safety and the environment.

We urge you to oppose any development of the Woods Course in Princeville to both preserve the zoned Open Space and protect the Princeville community from the risk of releasing deadly anthrax spores which would have a significant impact on public health, the economy, the environment and the Hanalei Watershed.

Mahalo nui loa,

Board of Directors, Sunset Drive Community Association

An earlier version was sent to the Princeville at Hanalei Community Association (PHCA).

• If you are not a registered property owner, you can register at the PHCA Home Page. Scroll to where there are instructions on how to enroll.

• If you are a registered homeowner, first login to the PHCA Home Page then click the drop-down menu Resources which displays Members Only Documents as well as Public Documents.

• 1972 Dedication of Golf Course Property (May 1972, as amended 1980 & 1986)

• 1971 PHCA Protective Covenants Charter of Incorporation (eff 3/1/1971)

Bill 2822 unanimously passed first reading at the County Council meeting and has been referred to the Planning Commission. (County Planning Director Ka‘aina Hull was in attendance at the Council meeting and answered specific questions from the council members regarding the bill prior to the vote). It will be reviewed by the Planning Commission and there will be a public hearing. The bill will require a second reading at the County Council and then there will be a final vote. If passed, it will go to the Mayor for his signature. If Bill 2822 becomes law it will prohibit “Glamping” on the Makai Golf Course and all golf courses in Princeville.

View the County Council web site.
View the County Council Webcast Meetings & Agendas.

For example, page: 95: Sec. 8-9.4 Permits Required.

Draft update of CZO (Phase I) Chapter 8. (Archived PDF - 11/1/20)
This is particularly relevant to proposed Glamping project.

(sub-section of Kauai County Codes document which implements the Kauai General Plan)

• County of Kauai Building Permits Search
  
  Enter: Zone: 5, Section: 4, Plat: 006, Parcel: 003 -- for the tax parcel used for Glamping.
  Or try this approach: check_parcel-5-4-006-003
• Building Permit Quick Start Guide
• Providing testimony to the Land Use Commission
• Planning Department
  FYI: presenting testimony to the Commission:
  All persons may present testimony for or against any application as public witnesses. Such testimony should be made in writing and presented to the Department prior to the hearing. Late written testimony may be submitted up to seven days after the close of the hearing in cases where the Commission does not take action on the same day as the hearing. Any party may be represented by counsel if he or she so desires. Also, individuals may appear on their own behalf, a member of a partnership may represent the partnership, and an officer or authorized employee of a corporation or trust or association may represent the corporation, trust or association. Petitions for intervenor status must be submitted to the Commission and the applicant at least seven days prior to the date of the hearing advertised herein and shall be in conformance with Chapter 4 of the Rules of Practice and Procedure of the Planning Commission. A copy of the proposal will be emailed to any interested person who requests a copy. Please submit your request to the Planning Department. (planningdepartment@kauai.gov)

View the full plan at Kaua‘i Kākou: Kaua‘i County General Plan.

• Click the Parcel Usage to highlight its position on the map.
• Click a Tax Parcel number to display parcel's County Tax information.

Makai Golf Course Tax Parcels on the County of Kauai Tax Website.

View the detail tax records for each of the parcels that came with the purchase of the Makai Golf Course, all 27 holes plus commercial zoned parcels.
Use the following information when performing a search on property sales:
- Neighorhood: 5463-7G
- Sales Date: 11/16/2018

• Tax overview of tax parcel used to justify Glamping.
• Woods Golf links 1-3, Ocean 1, 9 & driving range – tax parcel: 5-4-006-003-0000 – 51.955 acres.
• Taxable value: $2,597,800 (eff: Sep'20)
• Tax info for Makai Woods 1-3, Ocean 1,9, driving range. 51.955 acres.
  
  Click image to expand.