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JNtY Os h��Y <br /> C. Kimo Alameda,Ph.D. �o.• ,, ' Jeffrey W.Dan-ow <br /> Mayor ������%it,. Director <br /> William V.Brilhante,Jr. Michelle S. Alin <br /> Managing Director Deputy Director <br /> •f•. ..:Mq. �. <br /> ,TE OF•NF'•N <br /> WestHawai`i Office East Hawai`i Office <br /> 74-5044 Ane Keohokalole Hwy • 101 Pauahi Street,Suite 3 <br /> Kaitua-Kona,Hawaii 96740 County of Hawal i Hito,Hawaii 96720 <br /> Plione(808)323-4770 Plione(808)961-8288 <br /> Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 <br /> CERTIFIED MAIL <br /> 9589 0710 5270 3378 1987 41 <br /> January 28, 2026 <br /> Mr. Mark Wyatt <br /> Lisa Benhen <br /> Kaimu Cove LLC <br /> 12-55 Likoliko LP <br /> Pahoa, HI 96778 6810 <br /> Dear-Mr. Wyatt and Ms. Benham: <br /> SUBJECT: 3rd Notice of Violation and Order (NOVO) <br /> PL-PCV-2022-00015 <br /> Reference: Stop Work Order dated January 14, 2026 <br /> TMK: 1-2-018:001, 12-7789 Kalapana-Kapoho Beach Road, Pahoa, Hawaii <br /> FINDINGS <br /> The Planning Department continues to receive complaints regarding continued ground disturbing <br /> activities, including the pouring of a large concrete slab, continued rock wall building and land <br /> clearing. Our investigation based on complaints received has revealed the following: <br /> The property is located at TMK (3) 1-2-018:001, 12-7789 Kalapana-Kapoho Beach Road, and is <br /> hereinafter referred to as the "property". The property is owned by Kaimu Cove LLC (Mark <br /> Wyatt & Ms. Lisa Benham), consisting of approximately 3.8 acres is located within the State <br /> Land Use (U)Urban and within the County of Hawaii, Zoning District Agricultural (RA-.5a). <br /> INSPECTION <br /> The Department received a complaint on January 6, 2026, stating that Kaimu Cove LLC <br /> conducted ground disturbance by constructing a concrete slab without an approved Archeologist <br /> Monitoring Plan (AMP). On January 13, 2026, our staff conducted a roadside inspection of the <br /> subject property and observed additional grubbing has occurred. The Planning Department <br /> issued you a Stop Work Order dated January 14, 2026, informing you to stop all land clearing <br /> and/ or construction work on the subject property. On January 26, 2026, staff conducted an on- <br /> www.ptamiing.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer ptanning(ahawaiicounty.gov <br />