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*** FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER *** <br /> Planning Director determined that the activity conducted on <br /> Parcel 44 fell under the grading permit and stockpiling permits <br /> previously granted to Bolton, and did not require a special <br /> permit under the Zoning Code . <br /> The letter noted that a special permit was required to <br /> run a quarry, which is the "excavation or removal of natural <br /> building materials or minerals, for commercial use . " However, <br /> the letter concluded that "the evidence" indicated that Bolton' s <br /> "removal of natural building material from the subject property <br /> is related to on-site and off-site drainage improvement <br /> purposes [ , ] " and not for commercial purposes . The letter <br /> advised Bolton that, because a special permit was not required, <br /> "your Special Permit application will be withdrawn from further <br /> processing [ . ] " <br /> In a September 28, 2016 letter, Bolton acknowledged <br /> receipt of the Planning Director' s September 21 letter and asked <br /> the Planning Director to "accept this letter as our formal <br /> request for the withdrawal of [Special Permit Application No . <br /> SPP-16-1881 . " That same day, Hualalai sent a letter to the <br /> Planning Director objecting to his "purported `disposition'" of <br /> the February 19 warning letter and Special Permit Application <br /> No . SPP-16-188 . Hualalai noted that Special Permit Application <br /> No . SPP-16-188 and its intervention petition were currently <br /> pending before the LPC in a special permit proceeding, and <br /> 16 <br />