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safe walkable condition free from obstruction.” He claimed this letter gave him permission to
<br />cut this roadway to Pahoa Beach, and offered to clean up all the debris, but I was so upset, I just
<br />said, leave it alone, I don’t want to have additional bulldozer tracks in the bottom of the gulch,
<br />which is on my property. I have pictures if you want them to confirm what happened before and
<br />after this cut. So, continuing, I knew Mr. Mohammadi wanted vehicular access to Pahoa Beach
<br />as a marketing tool for his subdivision. I actually took pictures of the roadway before the
<br />grading, and the reason was real simple. When he asked for the easement that was on my
<br />property, I asked my in-house engineer at the firm I work for to look at it, and he said, well, he
<br />could go this route, he could go directly towards the beach instead of going around the bottom of
<br />this little hill and, but he said, if he does that, any cut he makes he’ll put a ton of debris on your
<br />property. Well, I took pictures of it before the cut, and I have pictures of it after the cut, and
<br />that’s exactly what happened; there was debris all over, giant boulders of the size ten feet tall,
<br />five feet wide, at the bottom of the gulch. So after finding out that Mr. Mohammadi had not
<br />obtained my permission, Mr. Carvalho immediately stopped his work and moved all his
<br />equipment out of Waipiele Gulch. Several weeks later Mr. Mohammadi, apparently using
<br />another bulldozer operator, completed the roadway toward Pahoa Beach, and cleaned up the
<br />boulders in the bottom of the gulch, again, without my permission. I think after all this, it would
<br />be a travesty if Mr. Mohammadi were allowed vehicular access to Pahoa Beach, okay? And this
<br />gets me to my second point – this is on the letter – the solution for Mr. Mohammadi’s
<br />transgressions. First, I think he should restore the roadway toward Pahoa Beach to the condition
<br />before grading; if it was walkable before the grading, he shouldn’t have done that much
<br />excavating. Second, prohibit vehicular access to Pahoa Beach. And this is a question I had for
<br />the Planning Director at the time – he told Mr. Mohammadi that he needed jute netting to control
<br />the soil erosion; but how can you require jute netting? Mr. Mohammadi would have to be on my
<br />property because that’s where most of the soil erosion was occurring, right? So I had that
<br />question for the Planning Director. That was the end of the first letter that I sent to the Planning
<br />Director.
<br />stnd
<br />After I sent this letter which was on January 21, on January 22, right, the day after this, my
<br />mother and her friend, Amina Carvalho, took a walk from my land down Waipiele Gulch, and
<br />heard Mr. Mohammadi yelling at them from the bottom of the gulch. My mom and Amina were
<br />still on my land, and Mr. Mohammadi was yelling that they were trespassing and needed to get
<br />off his property. Amina had stopped and sat down on the side of the gulch. My mom, with a
<br />really thick German accent, was trying to tell Mohammadi that Hermy, my son, owns this
<br />property, right? My mother immediately decided not to confront Mr. Mohammadi, and walked
<br />back up the gulch. I called Steven Lim the next morning and reported the incident, and told him
<br />to inform his client never to do this again. Steven commented that Mr. Mohammadi should not
<br />be yelling at anyone at Pahoa Beach. All right?
<br />th
<br />On March 11 Mohammadi emailed me, asking if he could place jute netting on my property to
<br />control the erosion. I refused to allow him to install jute netting on my property. All right?
<br />On August 31, 2004, this is about seven months, right, after this first violation letter was sent, I
<br />emailed Robert Usagawa, the enforcement officer for the Planning Department. I said: Today I
<br />attach photos of Mr. Mohammadi’s new interstate highway in North Kohala. Does he have a
<br />grading permit for this new grading work? You can also see a graded flag at the bottom of
<br />EXHIBIT B
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