07-08-2022 Letter from Petitioner's Attorney

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Daniel B. Bolton Janet T. Bolton June 3, 2022 Page 3 structures are either not in place or are not being maintained, this means that the likelihood of impacts to surface water by siltation from exposed land increases. Pursuant to HCC Chapter 10-15 (a): "The Director of Public Works may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever.- (9) The permit has been issued on the basis of incorrect or insufficient information supplied by the permittee; (2) The grading, grubbing, or stockpiling is not being performed in accordance with the terms and provisions of the permit;or (3) The grading, grubbing, or stockpiling discloses objectionable or unsafe conditions." The work that has been undertaken by the Permittee/Site Owner does not meet the minimum performance requirements for the issued Grading permit. Insufficient steps have been taken to address impacts to stormwater from exposed soil during significant rainfall events. Anecdotal evidence provided to DPW strongly indicates that construction activities have contributed to impacts to Waiaka Stream during large rainfall events, resulting in deposits of large quantities of silt and sediment finding their way to the ocean. Further, the permittee has failed to complete the work in a timely fashion and has misled DPW by providing an inaccurate schedule for work completion. CORRECTIVE ACTIONS Pursuant to HCC Chapter 10-15 (b): "When a permit has been suspended or revoked, the permittee may submit detailed plans andy proposals for compliance with the provisions of this chapter and for correcting the objectionable or unsafe conditions. Upon approval of such plans and proposals by the director of public works, the director may authorize the permittee in writing, to proceed with the work." This letter serves as notice that Grading Permit No. 092524 is being revoked effective the date of this letter. In order to restart any grading or grubbing activities on site, the Owner is required to complete the following: 1. Submit a new, comprehensive Grading permit application that includes, at a minimum, an updated survey clearly showing the limits and current topography for the Flood Channel Project; clearly delineate all disturbed and undisturbed vegetated/non- vegetated areas; show locations of gravel crushing and stockpiling; show locations of all installed permanent stormwater management facilities and structures (e-g., pipes, berms, dams, etc.); show locations and details of all temporary erosion and silt barriers; and, show locations and volumes of all crushed stone that has been reused on site. 2. Submit a copy of the NPDES stormwater permit along with monitoring reports submitted to the Department of Health. Countv of Hawaii is an Fnnal n............:s..o.....:a.___...-m.