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<br /> <br /> <br /> <br /> <br /> <br /> <br /> Continental Pacific, LLC <br /> Page 3 <br /> September 17, 2004 <br /> <br /> <br /> <br /> This letter serves as notification and you have sixty (60) days to comply with the <br /> corrective action listed below. Corrective action consists of: <br /> <br /> 1) Cease and desist operation of stockpiling coal ash on the subject property <br /> immediately, and <br /> <br /> 2) Apply for a Special Permit (enclosed) to allow for the future operation of <br /> stockpiling coal ash. <br /> <br /> If corrective action is not completed by November 17, 2004, we will issue a Notice of <br /> Violation and Order, which will carry a fine of not more than $5,000 for each offense <br /> in accordance with HRS Section 205-13 and a civil fine not to exceed $500 in <br /> accordance with HCC Section 25-2-35(c)(3). If the violation persists, there will be a <br /> daily fine of not more than $500 in accordance with HCC Section 25-2-35(c)(4). <br /> <br /> Pursuant to HCC Section 25-2-35(i) fines assessed under this Section shall constitute a <br /> lien upon the subject property upon filing of said lien with the Bureau of Conveyances. <br /> <br /> This matter may be referred to the Office of Corporation Counsel for civil remedy <br /> and/or the Prosecuting Attorney's Office for criminal prosecution. <br /> <br /> Upon completion of corrective action, you are responsible for contacting Zoning <br /> Inspector Robert Usagawa by telephone and in writing to the Planning Director to <br /> verify the completion of corrective action. <br /> <br /> Please mail your response within sixty (60) days of your receipt of this letter to: <br /> <br /> The Planning Department <br /> Attn: Robert Usagawa <br /> 101 Pauahi Street, Room 3 <br /> Hilo, 111 96720 <br />