07-08-2022 Letter from Petitioner's Attorney

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Daniel B. Bolton Janet T. Bolton June 3, 2022 Page 2 Channel CLOMR Case No. 09-09-0036R/NPDES File HI R10 D565; owner shall comply with Hawaii County Code Sect. 27-16(f)(3)(13) or successor statue and condition 9 of SPP 99-015. This permit was last renewed on October 15, 2021with an October 17, 2022 expiration date. Stockpiling Permit No. 092525 was issued by DPW—Engineering Division for TMK 7-5-017:031 on January 22, 2016. This permit allowed for the stockpiling of up to 8,000 cubic yards of material. The permit stated that it was for"stockpiling in conjunction with Kona Coffee and Tea Co. Flood Channel Project." The permit was not renewed. Stockpiling Permit No. 092715 was issued by DPW—Engineering Division for TMK 7-5-017:044 on June 2, 2017. This permit allowed for the stockpiling of up to 14,800 cubic yards of material referencing "Grading Permit No. 092524." This permit was last renewed on June 2, 2021with a June 3, 2022 expiration date. Stockpiling Permit No. 092749 was issued by DPW—Engineering Division for TMK 7-5-017:031 on September 8, 2017. This permit allowed for the stockpiling of up to 14,000 cubic yards of material. The permit stated that"grading for the flood channel will generate substantial volumes of excavated material that will be stored on site while the material is broken down for beneficial use in the construction of floodway." This permit was last renewed on December 13, 2021with a December 14, 2022 expiration date. A letter prepared on behalf of Bolton Inc. to the County of Hawaii Planning Department, from Kona Wai Engineering, LLC, dated July 26, 2017, and signed by Stephen J. Hebert, P.E., stated that"the estimated time to complete the floodway work (i.e., the Kona Coffee and Tea Company Flood Channel Project) is eighteen months." No other information regarding project completion or a requested time extension has been received by DPW. FINDINGS The Grading Permit was issued on the basis that the applicant was completing a "Flood Channel Project" per the CLOMR granted by FEMA for Case No. 09-09-0036R. More than six years have passed since the initial issuance of Grading Permit No. 092524. Numerous inspections of the site have been performed and results have been shared with the Permittee/Site Owner. In addition, DPW has been provided with reports and documentation from concerned parties indicating impacts to surface waters that have occurred due to soil erosion and sediment runoff from the site during extreme rainfall events. The Permittee has been advised by inspectors and in writing to do more to mitigate the contribution of the site to surface water impact. A letter issued by DPW on May 31, 2017, in fact directed the Permittee "to give high priority to quality control and minimizing disturbed areas." The Permittee last submitted a schedule indicating the project would be completed within 18 months of their July 26, 2017, letter. Based on site observations on March 15, 2022, the current project completion date is unclear, and it appears that the Permittee/Owner has no timetable to complete the work scope for the CLOMR. It should be noted that for every day the work remains incomplete, and the bare ground is exposed and not re-vegetated, and insufficient stormwater retention and/or detention is provided, and proper erosion control County of Hawaii is an Equal Opportuniry Provider and Employer.