07-08-2022 Letter from Petitioner's Attorney

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v,:•(,�, Vii, Mitchell D.Roth +' • Steven Ikaika Rodenhurst,P.E. Mayor Director N% Lee E.Lord Stephen M.Pause,P.E. Managing Director / gull ry Of P401141afunt"i Deputy Director DEPA�/R�/ ,,TMENzT OF UBLIC WORKS Aupuni Center 101 Pauahi Street,Suite 7•Hilo,Hawai'i 96720-4224 (808)961-8321 •Fax(808)961-8630 public—works@hawaiicounty.gov June 3, 2022 CERTIFIED MAIL Daniel B. Bolton Janet T. Bolton 75-476 Hualalai Road PO Box 898 Kailua-Kona, Hawaii 96740 RE: REVOCATION of Grading Permit No. PW.ENG2021-00094 (extension of Permit No. 092524)for TMK(3) 7-5-017:044 and TMK(3) 7-5-017:031 Dear Mr. and Mrs. Bolton: The County of Hawaii, Department of Public Works (DPW), inspected the premises located at 75-476 Hualalai Road, Kailua-Kona, Hawaii (Tax Map Key's 7-5-017:031 and 7-5-017:044) on March 15, 2022. On the basis of this inspection as well as additional information discussed herein, DPW, pursuant to the authority granted in HCC Chapter 10-15 hereby revokes the above-referenced Grading permit. This revocation shall be effective immediately. BACKGROUND By letter dated December 21, 2009, the Federal Emergency Management Administration (FEMA) issued a Conditional Letter of Map Revision (CLOMR)for Case No. 09-09-0036R for the Kona Coffee and Tea Company Flood Channel Project. The project consists of channelization and grading along Waiaha Drainageway from upstream of Hawaii Belt Road to approximately 170 feet downstream of Hualalai Road. Grading Permit No. 092524 was issued by DPW—Engineering Division for TMK 7-5-017:031 and 044 on January 6, 2016, to allow the applicant, Kona Coffee &Tea Company, to perform work under the FEMA CLOMR, Case No. 09-09-0036R. The permit provided for the grading of 6.03 acres including the cut of up to 116,400 cubic yards of material which was to be disposed of on site. The permit stated that it was for"grading for Kona Coffee &Tea Company Flood County or Hawaii is an Equal Opportunity Provider and Employer.