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HomeMy WebLinkAbout2026-03-10 PL-BOA-2026-000130 COMPLETE RECORD ON APPEAL Kaimu Cove LLC - M. Wyatt vs Planning Director JEFFREY W. DARROW PLANNING DIRECTOR COUNTY OF HAWAI`I 101 Pauahi Street, Suite 3 Hilo, HI 96720 Telephone No. (808) 961-8288 IN THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I KAIMU COVE LLC ) MARK WYATT ) PL-BOA-2026-000130 Appellant, ) Appeal of Decision by the Planning Director Dated January 28, 2026, Regarding Notice of Violation and Order(PL-PCV-2022-00015) vs. ) Relating to Failure to Comply with Conditions of the Special Management Area Permit(PL-SMM-2025-000079) JEFFREY W. DARROW ) PLANNING DIRECTOR ) COUNTY OF HAWAI`I ) Appellee. ) INDEX TO RECORD ON APPEAL 1 INDEX TO RECORD ON APPEAL Appeal of Decision by the Planning Director Dated January 28,2026,Regarding Notice of Violation and Order (PL-PCV-2022-00015) Relating to Failure to Comply with Conditions of the Special Management Area Permit(PL-SMM-2025-000079) DOCUMENT DOCUMENT NUMBER DATE DESCRIPTION PAGES 1 10/10/2022 Planning Department(PD)First Notice of 1-8 Violation and Order (NOV& Order) Letter to Kaimu Cove LLC & Mark Wyatt for Unpermitted Development within the Special Management Area (SMA) on TMK: 1-2- 018:001. 2 8/4/2023 PD Daily Fines Letter to Mark Wyatt, Lisa 9-11 Benham, and Edward Utyro regarding Unpermitted Development within the SMA in referenced to the NOV& Order Letter dated October 10, 2022, on TMK: 1-2-018:001. 3 10/14/2025 PD Stop Work Order Letter to Mark Wyatt and 12-13 Kaimu Cove LLC due to work occurring on site on October 11, 2025, on TM: 1-2-018:001. 4 10/29/2025 PD Second Notice of Violation and Order (NOV 14-18 & Order) Letter to Kaimu Cove LLC &Mark Wyatt for Unpermitted Development within the SMA on TMK: 1-2-018:001. 5 11/19/2025 Payment received of NOV& Order Civil Fine of 19 $20.000.00, Check dated November 19, 2025, Check No. 1011910, CU Hawai`i Federal Credit Union, Kaimu Cove LLC on TMK: 1-2-018:001. 6 12/4/2025 PD Determination Letter and SMA Minor Permit 20-33 (PL-SAA-2025-000312/PL-SMM-2025-000079) regarding construction of a New Single-Family Residence and Related Improvements on TMK: 1-2-018:001. 7 1/14/2026 PD Stop Work Order Letter for work occurring 34-36 onsite on January 13, 2026, on TMK: 1-2- 018:001. 2 8 1/28/2026 PD Third Notice of Violation and Order (NOV& 37-42 Order) Letter to Kaimu Cove LLC & Mark Wyatt referencing the Stop Work Order Letter dated January 14, 2026, on TMK: 1-2-018:001. 9 2/25/2026 Email from Patrick Wong of Carlsmith Ball LLP 43-45 requesting a Time Extension to respond Third NOV& Order dated January 28, 2026, and Stop Work Order Letter dated January 14, 2026, on behalf of Kaimu Cove LLC on TMK: 1-2- 018:001. 10 2/26/2026 PD Fourth Time Extension Letter to Carlsmith 46-47 Ball LLP, regarding Unpermitted Development within the SMA in reference to the Third NOV& Order Letter on TMK: 1-2-018:001. 3 Mitchell D. Roth �o��<v of„���� Zendo Kern Mayor Director Lee E. Lord Jeffrey W. Darrow Managing Director o�-�;•� Deputy Director +r'•' Mo..�. ',Tp OF.M�'gl West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy u • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of l lawal 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 MAIL RESTRICTED DELIVERY SIGNATURE CONFIRMATION RESTRICTED DELIVERY 7019 2280 0002 0137 1720 October 10, 2022 Kaimu Cove LLC Mr. Mark Wyatt 12-55 Likoliko Loop 4866 Pahoa, HI 96778 Dear Mr. Wyatt: SUBJECT: NOTICE OF VIOLATION AND ORDER Complaint: Unpermitted Development within the Special Management Area(SMA) Landowner(s): Mark Wyatt; Kaimu Cove LLC File No.: PL-PCV-2022-00015 TMK: (3) 1-2-018:001,Kalanana-Kanoho Road,Pahoa,Hawaii Our records indicate that your SMA Use Permit Application (PL-SAA-2022-000080) was returned by letter dated July 25, 2022, due to inaction. According to the letter it informs you that you are not permitted to conduct any work or activities, until a SMA review is completed, and the appropriate approvals or permits have been issued. FINDINGS Our initial investigation based on a complaint,has revealed the following: The property is located at TMK(3) 1-2-018:001, with no assigned address, and is hereinafter referred to as the "property". The property is owned by Kaimu Cove LLC and consisting of approximately 3.8 acres is located within the State Land Use (U) Urban and within the County of Hawaii, Zoning District Agricultural (RA-.5a). On October 4, 2022, our Planning Inspector conducted a site inspection of the subject property and observed that grubbing/grading has occurred to create an access road with a junction. The southern portion of the junction led to a parking area and the northern portion of the junction led to a clearing, which seems to be for a future dwelling. (See Exhibits A- C) www.planning.hawaiicounty_.gov Hawai'i County is an Equal Opportunity Provider and Employer planningAa hawaiicounty_.gov 1 Mark Wyatt PL-PCV-2022-00015 NOV& ORDER October 10, 2022 Page 2 RULE 9. SPECIAL MANAGEMENT AREA 9-4 Definitions: a) "Assessment" means an evaluation by the Department of a proposed use, activity, or operation to determine whether a Special Management Area Use permit is required. e) "Development" means any of the following uses, activities, or operations on land or in or under water within the Special Management Area: (1) "Development" includes the following: (A)Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste. (B) Grading, removing, dredging, mining, or extraction of any materials. (3) Any proposed use, activity, or operation listed in Section 9-4(e) (2) shall be deemed to be 'Development" until the Director has determined it to be exempted from the definition of"development." (4) Whenever the Director finds that any excluded use, activity, or operation may have a cumulative impact, or a significant adverse environmental or ecological effect on the Special Management Area, that use, activity, or operation shall be defined as "development" for the purpose of this rule. 9-8 Permits required for development: a) No development shall be allowed within the Special Management Area without obtaining a permit in accordance with this rule. b) No State or County Agency authorized to issue permits within the Special Management Area shall authorize any development unless approval is first received in accordance with this rule. 2 Mark Wyatt PL-PCV-2022-00015 NOV& ORDER October 10, 2022 Page 3 NOTICE OF VIOLATION Based on the fore2oin2,you are in violation as follows: 9-8 (a) No development shall be allowed within the Special Management Area without obtaining a permit in accordance with this rule. Therefore, the Department is issuing you a Notice of Violation and Order, with an administrative fine in the sum of ten thousand ($10,000) for the development of property (grubbing/grading a road and land clearing) without a Special Management Area Assessment (SMAA) permit. The violation must be corrected as stated in the Order below on or before the stated deadline date to avoid the accrual of daily fines. ORDER You are hereby ordered to take the following corrective action(s) at your own expense: 1. Immediately cease and desist any further unpermitted development, including cutting of trees/foliage on the subject property. 2. Apply for and secure an after-the-fact Special Management Area Use Permit Assessment for the unpermitted development (grubbing/grading) on your property. (Application must be submitted electronically) 3. Correct all violations at your own expense on or before the date specified below. 4. Pay all fines due this office and complete corrective actions by the deadline date of January 6, 2022. Payment may be made by cash, cashier's check, or money order. Personal checks are not accepted. Make cashier's check or money order payable to the County Director of Finance. 5. Immediately contact the Inspector listed below upon completion of your SMA application. Upon satisfactory compliance with all conditions of the above order, we may close the complaint with no further action. GENERAL INFORMATION 9-17 Penalties (a) Any person who violates any provision or this rule shall be liable for (1) a civil fine not to exceed $100,000; or (2) for the cost of returning the affected environment or ecology within the Special Management Area to the condition existing before the violation. 3 Mark Wyatt PL-PCV-2022-00015 NOV& ORDER October 10, 2022 Page 4 (b) In addition to any other penalties, any person who is violating any provision of this rule shall be liable for a civil fine not to exceed $10,000 a day for each day in which such violation persists. (c) Any civil fine or other penalty provided under this rule may be imposed by the circuit court or by the Planning Department after an opportunity for a hearing under Chapter 91,HRS. 9-19 Administrative Fines The Department is authorized to impose administrative fines in accordance with established rules. What happens if you do not correct the violation? A violation that is not corrected by the deadline date may be assessed daily fines. Can you appeal this Notice of Violation? Yes. In accordance with Section 6-9.2 (a) of the Hawaii County Charter, the Board of Appeals is authorized to hear and determine any appeal from the final decisions of the Planning Director. 1. An appeal shall be electronically submitted in the format prescribed by the Board of Appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. Unless otherwise specifically provided by the Board of Appeals rules, an electronic copy of each document shall be filed. A filing fee of $250 shall accompany any such appeal. (Application must be submitted electronically) 2. The appellant, landowner(s) if not the appellant, and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the Board of Appeals. For your convenience, we have provided the website address for Hawaii County's new EPIC System (Electronic Processing and Information Center)for applications. WEBSITE: httns://hawaiicountyhi-ener2ovyub.tylerhost.net/Apps/SeIfService#/home Due Date for Appeal: The appeal must be received within thirty (30) calendar days from the date of receipt of this Notice of Violation and Order. An appeal to the Board of Appeals shall not stay the provisions of the Director's "Order" pending the final decision of the Board of Appeals. The appeal must be made in accordance with the Board of Appeals Rules of Practice and Procedures, or it may result in the dismissal of the appeal. What happens if I lose my appeal? The assessment and accumulation of fines does not stop when you file for an appeal. If the Board of Appeals denies your appeal, then you will be required to pay your fines from the day the fines began to the date the violation(s) has been corrected, which must be verified by the Planning Department. You can also take corrective action as described in this letter and stop the daily fines while 4 Mark Wyatt PL-PCV-2022-00015 NOV& ORDER October 10, 2022 Page 5 appealing. If you do not take corrective action, daily fines will continue to accrue incrementally. Should you acquire the services of an attorney/counsel representation, then you are required to also submit a letter of consent with your response letter authorizing the County to correspond and respond to the attorney/counsel representation. Can I get a time extension to have more time to correct the violation? If you know you cannot complete the corrective action by the deadline date, you may want to submit a "request for a time extension" before the deadline date. Include all the following information with your request: 1. Describe what you have accomplished prior to requesting this time extension. 2. The amount of additional time necessary to complete the corrective action. 3. The name and telephone number of the person assisting you in this effort. 4. The date in which you expect the violation to be fully corrected. The submission of a time extension request does not guarantee the approval of the request, nor does it extend your right to appeal. If your time extension is denied, daily fines will continue to accrue from the date as described above and until the violation is corrected. If approved, the daily fines will be delayed until the new deadline date. Should you have any questions on this matter, please contact Planning Inspector Mark Iwamoto at (808) 961-8151. Sincerely, Zendo Kern(Oct 11,202212:23 HST) ZENDO KERN Planning Director MI:ta \\COHO1\planning\public\Enforcement\TMK Files\ZONE 1 Sec. 1-1 to 1-4\1-2-018-001\NOVsmawyattpcv22-00015.doc cc: (via email) Tracie Lee Camero 5 ;k 51 16 ��� i``I '` a ,�•� � \���4���+.~�� �,�r .� " Ys A'1 t '"�3' '�tr�. ?i �..,cl �� �1 ��:. 1"' � I S� lt kl r,�•�r �'yy� s � ., � �".:� �,; __i j. . � �:�Fi 3 I:� vt;S� �, �r"yx c 1'i '�,� ��' >ay r . " ,r,� ` �e ,;� ia� _ '•+; I �,�' ff TR _71 r T r R Z•r °!S '.'tom 44 �� .-� '. s .,. --��' ..•6{.p, ��4\ ����+ �e` y3i y'� �e.ex '' dam' w` y -yy -l. •. ,mil � ?.� ?. � _,.,��Y �.. 1� s Mark Wyatt PL-PCV-2022-00015 NOV& ORDER October 10, 2022 Page 8 IT A AL1 ' ohs SPEED LIMIT �M` 11"" I 3.0 R 4 iO k •y,..�.,' ` ,'a 'F*tz ,mown, &+&`.-, '' - �c.. „' .�` __d.'+F '•_��", - yam.-E. _� z �.".'�:�x�Y��� `"-�7--x�,s; � w Exhibit C: Photo depict the area of unpermitted development near the Kalapana-Kapoho road. 8 YY Oi �•`...,e Mitchell D. Roth : Zendo Kern Mayor Director Lee E.Lord r Jeffrey W. Darrow Managing Director �, F�•,. Deputti,Director .•�r�` of xr,M* West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalolc Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawai i Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 CERTIFIED MAIL RESTRICTED DELIVERY SIGNATURE CONFIRMATION August 4, 2023 7022 3330 0000 1492 9328 7022 3330 0000 1492 9311 Mark Wyatt Lisa Benham 12-55 Likoliko Loop 12-55 Likoiiko Loop Pahoa, HI. 96778 Pahoa, Hl. 96778 7022 3330 0000 1492 9304 Edward Utyro 13-6519 Kalapana-Kapoho Road Pahoa, HI. 96778 Dear Property Owners: SUBJECT: Daily Fines Letter Complaint: Unpermitted Development within the Special Management Area Reference: Notice of Violation and Order dated October 10,2022 File No.: PL-PCV-2022-00015 TMK: 3 1-2-018:001 Kala ana-Ka oho Road Pahoa HI. To date, you have failed to comply with the Notice of Violation (NOV) and Order dated October 10, 2022, which was sent to you by Certified Mail Restricted Delivery. As a result, you are being imposed daily fines as stated in the NOV and Order, which began on October 11, 2022. DAILY FINES As of the date of this letter, your fines have accrued to $206,000.00, fines accrued are based on the Daily Fines Schedule as shown below. Daily Fines: According to the County of Hawaii Planning Department Rules of Practice and Procedure Rule 9-5(d): When a violation is not corrected by the deadline date set by the order, the Director may assess additional fines to a maximum of$500 for each day that the violation remains uncorrected in accordance with the following schedule: www.planning.hawaiicountv.eny Hawaii Cauntv is an Equal Dpportvnhty Provider and Emplover planningfd_hawaiicounty, 9 Mark Wyatt Lisa Benham Edward Utyro PL-PCV-2022-00015 Daily Fines Letter August 4, 2023 Page 2 Daily Fines : First Three Months After Third After Sixth After Ninth for Violations (3'd) Month (b`")month (9`h} Month Initial Violation $100 $200 $300 $500 First Repeated $200 $300 $400 $500 Violation I Second Repeated $300 Violation $400 $500 Third Repeated $400 $500 Violation Fourth (4"') and subsequent repeated violations will be assessed $500 per day of additional daily fines from the date that the violation was to cease or be corrected, as set forth in the order. RESOLUTION To resolve this matter, you must do the following, or daily fines will continue to accrue as described above and Corporation Counsel may begin legal action against you: 1. Apply for and secure either an after-the-fact Special Management Area (SMA) Use Permit Assessment or SMA Use Permit application and any other development permits for the unpermitted development on the subject property. (Application(s) must be filed electronically) 2. Pay all fines due to this office. Payment may be made only by cash, cashier's check, or money order. Personal checks are not accepted. Make cashier's check or money order payable to the "County Director of Finance". If you do not know the amount you owe on the date you plan to pay, please contact this office for the amount due. As a reminder, daily fines will continue to accrue. 3. Correct all violations at your own expense on or before the date specified below. 4. Pay all fines due this office and complete corrective actions by the deadline date of October 4, 2023. Payments may be made by cash, cashier's check, or money order. Personal checks are not accepted. Make cashier's check or money order payable to the County of Hawaii Director of Finance. 10 Mark Wyatt Lisa Benham Edward Utyro PL-PCV-2022-00015 Daily Fines Letter August 4, 2023 Page 3 What happens if you do not pay the fines? "Pursuant to Hawaii County Code, Chapter 25 (Zoning) Section 25-2-35(i), fines assessed under this Section shall constitute a lien upon the subject property upon filing of said lien with the Bureau of Conveyances. This lien shall be considered for the purpose of authority, to be the equivalent of liens that arise pursuant to the provisions of Chapter 19 of this Code." This issue may be referred to the Office of Corporation Counsel for civil remedy and/or the Prosecuting Attorney's Office for criminal prosecution. Should you have any questions, please feel free to contact Jeffrey Darrow at (808) 961-8158. Sincerely, Fendoern Planning Director MI:qd 11COHOIlplanninglpublic\EnforcementlTMK FilesIZONE 1 Sec. I-I to 1-4\1-2-018-0011DailyfneupwyattPCV-22-00015.doc cc: (Via email) Tracie Camero cc(via email): Jean Campbell, Corporation Counsel cc(via email) Daryn Arai, Planning Consultant 11 C.Kimo Alameda,Ph.D. 4o�N"f7 � Jeffrey W.Darrow Mayor ������% Director William V.Brilhame,Jr. Michelle S. Alm Managing Director •—�—o.{ Depuly Director ',Tp OF•M�'� West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawai i Hilo,Hawaii 96720 Phone0808)7-3-477o PLANNING DEPARTMENT PhFax(808)961 8742 Fax(808)327-3563 ( ) October 14, 2025 Mr. Mark Wyatt Kaimu Cove LLC c/o Daryn Arai LLC Via email: Daryn.Arai(Loutlook.com Dear Mr. Wyatt, SUBJECT: Stop Work Order Reference: Work Occurring Onsite on October 11, 2025 TMK: 1-2-018:001, 12-7789 Kalapana-Kapoho Beach Road, Pahoa, Hawai'i STOP WORK ORDER This Stop Work Order is sent to you to inform you to stop any unpermitted work that may be conducted on the above-mentioned property. Immediately cease and desist any and all work occurring at TMK 1-2-018:001, 12-7789 Kalapana-Kapoho Beach Road, until the submitted application for work in the Special Management Area (SMA) has been acted upon. The property is owned by Kaimu Cove LLC, which consists of approximately 3.8 acres and is located within the State Land Use (U) Urban and within the County of Hawai'i RA-.5a Zoning District. SITE INSPECTION REPORT A site inspection of the property was conducted on October 13, 2025, at approximately 10:15am which revealed the following: 1. The Planning staff observed two (2) small trenches that had been dug which flank the interior gate, along with two steel supports attached to the gate. The trenches were estimated 10-12 feet long, 2-ft wide, approximately 1-ft deep within the natural ground, and a large mound of gravel material. There were no people or equipment located onsite. wNNw.planning.hawaiicoLi=.jzov Hawaii County is an Equal Opportunity Provider and Employer planningLdhawaiicounty_gov 12 Mr. Mark Wyatt Kaimu Cove LLC c/o Daryn Arai LLC October 14, 2025 Page 2 The Planning Department received additional information and photographs on October 12, 2025, which described work was being done on October 11, 2025, to the front double gate including a trench, the building of a rock wall, and visible movement of material occurring with a use of a backhoe. Based on the above information, the Planning Director issues this order to cease and desist with any and all work on the subject property. If work continues without proper SMA permits, a Notice of Violation will be issued with additional fines. For any questions regarding this order, please contact Planning Inspector Annalyn Seguban or Mark Iwamoto preferably by e-mail at planning�hawaiicountgov. For questions regarding HRS 205A Coastal Zone Management, please contact Planner Mr. Alex Roy at our Hilo Office at (808) 961-8140. Sincerely, (7e f fLe W. DwTow Jeffrey Darro�oct 15,2025 08:49:43 HST) Jeffrey W. Darrow Planning Director As/MI/AR:ta V:\PL\PL\planning\public\Enforceiiient\TMKFiles\ZONE 1 Sec.1-1 to 1-4\1-2-018-001\CeaseDesist KaitnuCOveLLC PL-PCV-2022-00015(jwd).doc Cc: Mark Wyatt Kaimu Cove LLC Via email: kaimu.coveAgmail.com and kehenakgmail.com Administrative Permits Division Planning Inspectors Via email: Annalyn.Se ub�an(c�r�,hawaiicountygov Mark.Iwamoto!khawaiicouniy.gov Planning Division Via email: Alex.RoyLhawaiicounly. ov Mai j a.Jackson!2hawaiicounty.gov 13 t�os q C. Kimo Alameda,Ph.D. �d��•'- "•�! , Jeffrey W.Darrow Mayor Director William V. Brilhante,Jr. Michelle S.Alm Managing Director •• :{ Deputy Director era cs•M�•� West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 CERTIFIED MAIL 7020 1290 00014429 4441 October 29, 2025 Mr. Mark Wyatt Kaimu Cove LLC c/o Daryn Arai. LLC P.O. Box 4501 Hilo, HI 96720 Via email: Daryn.Arai(aoutlook.com Dear Mr. Wyatt, SUBJECT: 2nd Notice of Violation and Order(NOVO) Reference: Stop Work Order dated October 14,2025 TMK: 1-2-018:001, 12-7789 Kalapana-Kauoho Beach Road, Pahoa, Hawaii FINDINGS: Our initial investigation, based on a complaint,has revealed the following: The property is located at TMK (3) 1-2-018:001, 12-7789 Kalapana-Kapoho Beach Road, and is hereinafter referred to as the "property". The property is owned by Kaimu Cove LLC and consisting of approximately 3.8 acres is located within the State Land Use Urban (U) and within the County of Hawaii, Zoning District Agricultural (RA-.5a). On October 28, 2025, our Planning Department staff observed additional unpermitted work being conducted on the subject property with a yellow excavator and its operator. In addition, there were several areas of additional ground disturbances which may be for the purpose of your proposed pickle ball court. In addition, our staff observed a yellow septic tank and several piles of base course material. NOTICE OF VIOLATION The Planning Department issued you a Stop Work Order dated October 14, 2025, informing you to stop any unpermitted work that may be occurring on the subject property. You have failed to www.planning.hawaiicounty.Qov Hawaii County is an Equal Opportunity Provider and Employer planning(a,hawaiicounty.gov 14 Mr. Mark Wyatt Kaimu Cove LLC c/o Daryn Arai LLC October 29, 2025 Page 2 comply with the stop work order therefore you are being issued a 2"d NOVO with an additional fine in the sum of$10,000, which will be added to the previous NOVO fine. Based on the foreeoin2,you are in violation as follows: 9-8 (a) No development shall be allowed within the Special Management Area without obtaining a permit in accordance with this rule. Therefore, the Department is issuing you a Notice of Violation and Order, with an additional administrative fine in the sum of ten thousand ($10,000) for the development of property (Additional Unpermitted Development) without a Special Management Area (SMA) permit. The violation must be corrected as stated in the Order below on or before the stated deadline date to avoid the accrual of daily fines. ORDER You are hereby ordered to take the following corrective action(s) at your own expense: 1) Immediately cease and desist all work occurring on the subject property until your SMA permit is secured. 2) Immediately remove the excavator and septic tank from the subject property. 3) Pay the I` SMA NOVO fine in the sum of$10,000 and the 2"d NOVO SMA fine in the sum of$10,000, equaling to the total of$20,000. 4) Pay all fines due to this office by or before thirty (30) days from the date of the Postmaster Stamped date on the certified letter. Payment may be made by cash, cashier's check, or money order. Personal checks are not accepted. Make cashier's check or money order payable to the County Director of Finance. 5) Contact the Planning Inspector listed to arrange a site inspection to verify removal of the excavator and septic tank. RULE 9. SPECIAL MANAGEMENT AREA 9-4 Definitions: a) "Assessment" means an evaluation by the Department of a proposed use, activity, or operation to determine whether a Special Management Area Use permit is required. e) "Development" means any of the following uses, activities, or operations on land or in or under water within the Special Management Area: (1) "Development" includes the following: 15 Mr. Mark Wyatt Kaimu Cove LLC c/o Daryn Arai LLC October 29, 2025 Page 3 (A)Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste. (B) Grading, removing, dredging, mining, or extraction of any materials. (3) Any proposed use, activity, or operation listed in Section 9-4(e) (2) shall be deemed to be "Development" until the Director has determined it to be exempted from the definition of"development." (4) Whenever the Director finds that any excluded use, activity, or operation may have a cumulative impact, or a significant adverse environmental or ecological effect on the Special Management Area, that use, activity, or operation shall be defined as "development" for the purpose of this rule. 9-8 Permits required for development: a) No development shall be allowed within the Special Management Area without obtaining a permit in accordance with this rule. b) No State or County Agency authorized to issue permits within the Special Management Area shall authorize any development unless approval is first received in accordance with this rule. GENERAL INFORMATION 9-17 Penalties (a) Any person who violates any provision or this rule shall be liable for (1) a civil fine not to exceed $100,000; or (2) for the cost of returning the affected environment or ecology within the Special Management Area to the condition existing before the violation. (b) In addition to any other penalties, any person who is violating any provision of this rule shall be liable for a civil fine not to exceed $10,000 a day for each day in which such violation persists. (c) Any civil fine or other penalty provided under this rule may be imposed by the circuit court or by the Planning Department after an opportunity for a hearing under Chapter 91, HRS. 9-19 Administrative Fines The Department is authorized to impose administrative fines in accordance with established rules. 16 Mr. Mark Wyatt Kaimu Cove LLC c/o Daryn Arai LLC October 29, 2025 Page 4 What happens if you do not correct the violation? A violation that is not corrected by the deadline date may be assessed daily fines. Can you appeal this Notice of Violation? Yes. In accordance with Section 6-9.2 (a) of the Hawaii County Charter, the Board of Appeals is authorized to hear and determine any appeal from the final decisions of the Planning Director. 1. An appeal shall be electronically submitted in the format prescribed by the Board of Appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. Unless otherwise specifically provided by the Board of Appeals rules, an electronic copy of each document shall be filed. A filing fee of $250 shall accompany any such appeal. (Application must be submitted electronically) 2. The appellant, landowner(s) if not the appellant, and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the Board of Appeals. For your convenience, we have provided the website address for Hawaii County's new EPIC System (Electronic Processing and Information Center) for applications. Appeal must be submitted electronically, WEBSITE: https://hawaiicountyhi-ener2ovpub.tvlerhost.net/Apps/SelfService#/home Due Date for Appeal: The appeal must be received within thirty (30) calendar days from the date of receipt of this Notice of Violation and Order. An appeal to the Board of Appeals shall not stay the provisions of the Director's "Order" pending the final decision of the Board of Appeals. The appeal must be made in accordance with the Board of Appeals Rules of Practice and Procedures, or it may result in the dismissal of the appeal. What happens if I lose my appeal? The assessment and accumulation of fines does not stop when you file for an appeal. If the Board of Appeals denies your appeal, then you will be required to pay your fines from the day the fines began to the date the violation(s) has been corrected, which must be verified by the Planning Department. You can also take corrective action as described in this letter and stop the daily fines while appealing. If you do not take corrective action, daily fines will continue to accrue incrementally. Should you acquire the services of an attorney/counsel representation, then you are required to also submit a letter of consent with your response letter authorizing the County to correspond and respond to the attorney/counsel representation. 17 Mr. Mark Wyatt Kaimu Cove LLC c/o Daryn Arai LLC October 29, 2025 Page 5 Can I get a time extension to have more time to correct the violation? NO, this is the 2nd NOVO and Order with fines against you therefore you will not be allowed to request for a time extension. Daily fines may begin accruing from the date of this letter until the violation is corrected. For any questions regarding this order, please contact Planning Inspector Annalyn Seguban or Mark Iwamoto preferably by e-mail at planning@hawaiicounty_.gov. For questions regarding HRS 205A Coastal Zone Management, please contact Planner Mr. Alex Roy at our Hilo Office at(808) 961-8140. Sincerely, c7effre w bcvrow Jeffre;W.Darrow(Oct 29,202515:44:55 HST) JEFFREY W. DARROW Planning Director MFJD:ad V:\PL\PL\planning\public\Enforcement\TMK Files\ZONE 1 Sec.1-1 to 1-4\1-2-018-001\2025-10-29 PL-PCV-2022-00015 2ndnovoKaimuCoveLLC.doc cc: Mark Wyatt Kaimu Cove LLC Via email: n Alex Roy, SMA Planner VI Via email: alex.roy�hawaiicounty_gov Jean Campbell, Deputy Corporation Counsel Via email: jean.campbellghawaiicounty.gov Hans Santiago, Administrative Permits Planner Via email: hans.santiagoghawaiicounty_.gov Mayor Kimo Alameda Via email: kimo.alamedakhawaiicount og v 18 1011910 11 / 18i 2025 CASHIEWS CHECK PAY TWENTY TNOL,SAND AND 00/100 DOLLARS OR TO THE � y AUTHORIZED SiGNA JRE JOID AF i ER 90 OAYS ORDER THE COUNTY DIRECTOR OF FINANCE OF RE: KAI1`-1l} COVE LLC Q _ t l I G R.... C I� J ._,.i DATE t l��12 O2 S — ®. .J J 1 RECEIVED FROM MV,MaVK W RAA �KkE1"nu (Ayo [$::)-0,007.0® -CAN on', M �/10(�1S0.V1G� G11/1d ��/�o o� _ DOLLARS 0-FOR RENT CUFOR -Nye 3 `� 2-O!g:O®l t2 - Z-leb°l 1<0lC� O- \a -kCA or-eo O CASH ` v o- ACCOUNT O CHECK PAYMENT ZO O 00;O® yMONEY k FROM TO lJ ORDER BAL.DUE OCREDIT CARD BY PLANNING -D:!:p'rR or\ cl - �5 19 C. Kimo Alameda,Ph.D. o�"SY'-0F Jeffrey W.Darrow Mayor = �J%�� Director T William V. Brilhante,Jr. Michelle S.Ahn Managing Director o, �.�� Deputy Director ar '. 'wo West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy •(,• 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 PLANNING DEPARTMENT Phone(808)961-8288 Fax(808)327-3563 Fax(808)961-8742 December 04, 2025 Daryn Arai Land Use Planning Consultant P. O. 4501 Hilo, HI 96720 VIA EMAIL Dear Daryn Arai: SUBJECT: Special Management Area (SMA) Use Permit Assessment Application (PL-SAA-2025-000312) Special Management Area (SMA) Minor Permit (PL-SMM-2025-000079) Applicant(s): Kaimu Cove LLC Landowner(s): Kaimu Cove LLC Project: Construction of New Single-Family Residence and Related Improvements Tax Mat) Key: (3) 1-2-018:001, Kaimu, Puna, Island of Hawaii We have reviewed your completed Special Management Area (SMA) Use Permit Assessment Application (PL-SAA-2025-000312), received by this office on September 15, 2025, with additional information provided by the State Historic Preservation Division (SHPD) on December 2, 2025, for a proposed single-family residence (SFR) and related improvements on the subject parcel. The 3.8-acre parcel is zoned Residential-Agricultural 0.5-acre (RA-.5a) by the County and designated Urban by the State Land Use Commission (LUC). The subject parcel is designated as Extensive Agriculture(ea)by the Hawai`i County General Plan Land Use Pattern Allocation Guide (LUPAG) map. The subject parcel is a shoreline parcel and situated entirely within the SMA, and the proposed single-family residence is defined as "development" pursuant to §205A-22, Hawai`i Revised Statutes (HRS). Staff notes that the applicant did obtain a certified shoreline survey, which was approved by the Board of Land and Natural Resources (BLNR) on March 29, 2023. www.rolanning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer Planning(u),hawaiicounty.gov 20 Daryn Arai Land Use Planning Consultant December 04, 2025 Page 2 Proposed Proiect: The Applicant is proposing to construct a 2-story dwelling, consisting of 2 bedrooms(one bedroom on each level), with the 1st level having 384 square feet of living area(1 bedroom & 1 bath) and a 320-square-foot porch with 2-car garage and the 2nd level having 768 square feet of living area (1 bedroom, 1 bath & living room with kitchen) and a 320-square-foot lanai. Additional work includes the construction of a 60' X 35' pickleball court, slab on grade only, no fencing around perimeter,just a low perimeter landscaped hedge. A 10-foot-wide public access easement will be located along the property boundary with the State parcel to the north-east. Access to the proposed dwelling will be directly from the Kalapana-Kapoho Beach Road via a 15-foot-wide compacted gravel driveway. A 5-foot-tall rock wall and gate system is proposed at this entry point, having a total length of approximately 55 feet. County water is available to support the proposed single-family dwelling via an existing water meter located along Kalapana-Kapoho Beach Road. Wastewater will be accommodated by an Individual Wastewater System (IWS) to be designed in accordance with State Department of Health rules and regulations. No staging of material will occur within the shoreline setback area, and no other work is proposed at this time. Special Management Area Determination: According to Hawaii Revised Statutes (HRS) Chapter 205A-44 and Planning Commission (PC) Rule No. 94(i)(I)(A)&(E), "development"includes "Placement or erection ofany solid material or any gaseous, liquid, solid, or thermal waste"; and "Construction, reconstrcution, or alteration ofthe size ofany structure. "Therefore,the proposed construction of a new single-family residence and related improvements is considered to be development and will require a review against the Special Management Area rules and regulations. We find that the proposed project is not exempt from the definition of"development"; however, the project will not have a cumulative impact or a significant adverse environmental or ecological effect on the SMA. Therefore, pursuant to PC Rule Section 9-10(e), Special Management Area Minor Permit No.PL-SMM-2025-000079 is hereby issued for the project as described above. It is the applicant's responsibility to read and comply with the conditions listed in the enclosed permit. While further review of the proposed project against the SMA rules and regulations will not be required, all other applicable Zoning Code and Building Code requirements must be satisfied. Additionally, any future development or activities not included in this approval will require further review and approval as provided under Chapter 205A, HRS and Rule 9, Planning Commission Rules of Practice and Procedure. 21 Daryn Arai Land Use Planning Consultant December 04, 2025 Page 3 If you have questions regarding this document, please contact Alex J. Roy of this office at (808) 961-8140 or via email at alex.royghawaiicoun ov. Sincerely, 17ee� W. Darrow Jeffrey Darrow(Dec 4,2025 13:57:15 HST) JEFFREY W. DARROW Planning Director AJR:rms P:\wpwin60\czm\smm\2025\pl-smm-2025-0000791_wyatt_sfr.docx Enclosure: SMA Minor Permit No. PL-SMM-2025-000079 Exhibit 1 —Site Plan Exhibit 2—SHPD Ch. 6E-42 Review Letter cc via email w/enclosure: Shichao Li, State-OPSD Lisa E. Webster, State-OPSD GIS Section Lisa Benham 22 C. Kimo Alameda,Ph.D. o�"SY'-0F Jeffrey W.Darrow Mayor = �J%�� Director T William V. Brilhante,Jr. Michelle S.Ahn Managing Director o, �.�� Deputy Director ar '. 'wo West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy •(,• 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 PLANNING DEPARTMENT Phone(808)961-8288 Fax(808)327-3563 Fax(808)961-8742 Special Manaiement Area Minor Permit No. PL-SMM-2025-000079 Project: Construct Single-Family Residence and Related Improvements Applicant(s): Kaimu Cove LLC Landowner(s): Kaimu Cove LLC TNIK: (3) 1-2-018:001 Location: Kaimu,Puna,Island of Hawaii Land Area: 3.8 acres Applicant's Request 1. Project Description: The Applicant is proposing to construct a 2-story dwelling, consisting of 2 bedrooms(one bedroom on each level),with the 1st level having 384 square feet of living area(1 bedroom& 1 bath) and a 320-square-footporch with 2-car garage and the 2nd level having 768 square feet of living area(1 bedroom, 1 bath & living room with kitchen) and a 320-square-foot lanai. Additional work includes the construction of a 60' X 35' pickleball court, slab on grade only, no fencing around perimeter, just a low perimeter landscaped hedge. A 10-foot-wide public access easement will be located along the property boundary with the State parcel to the north-east. Access to the proposed dwelling will be directly from the Kalapana-Kapoho Beach Road via a 15-foot-wide compacted gravel driveway. A 5-foot-tall rock wall and gate system is proposed at this entry point, having a total length of approximately 55 feet. County water is available to support the proposed single-family dwelling via an existing water meter located along Kalapana-Kapoho Beach Road. Wastewater will be accommodated by an Individual Wastewater System (IWS) to be designed in accordance with State Department of Health rules and regulations. No staging of material will occur within the shoreline setback area, and no other work is proposed at this time. 2. Project Valuation: $267,000. 3. Determination: According to Hawaii Revised Statutes (HRS) Chapter 205A-44 and Planning Commission (PC) Rule No. 9-4(i)(1)(A)&(E), "development" includes "Placement or erection of any solid material or any gaseous, liquid, solid, or thermal www.rolanning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer Planning(u),hawaiicounty.gov 23 Daryn Arai Land Use Planning Consultant December 04, 2025 Page 2 waste"; and "Construction, reconstruction, or alteration of the size of any structure." Therefore, the proposed construction of a single-family residence and related improvements is considered to be development and will require a review against the Special Management Area (SMA) rules and regulations. Our review has resulted in the issuance of a SMA Minor Permit. State and County Plans 4. State Land Use District: The project area is within the State Land Use URBAN District. 5. General Plan: The parcel is designated as Extensive Agriculture (ea) by the Hawaii County General Plan Land Use Pattern Allocation Guide (LUPAG) Map. 6. County Zoning: The parcel is currently zoned as Residential-Agricultural 0.5-acre (RA- 0.5a) 7. Special Management Area: The project parcel is located within the SMA, as well as within the "shoreline area" as defined by section 205A-41, Hawai`i Revised Statutes (HRS). A Certified Shoreline Survey was approved by the BLNR on March 29, 2023. 8. Flood Zone: The subject parcel is designated as Flood Zone X, which are areas above the 500-year flood plain. A small portion of the makai side of the parcel is within Flood Zone V, however, no work will occur within that area. Compliance with Objectives and Policies of Chapter 205A,Hawaii Revised Statutes (HRS), Regarding the Special Management Area Check all objectives and policies found to be consistent with proposed development. Issuance of SMA Minor Permit requires that activity be consistent with all objectives &policies. The proposed development is consistent with the following objectives and policies: ❑x Development will not have any significant adverse environmental or ecological effect, except as any adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. Those adverse effects shall include but not be limited to the potential cumulative impact of individual developments, each of which taken by itself might not have a significant adverse effect and the elimination of planning options. ❑x The proposed development is consistent with the Hawaii County General Plan, community plan, and zoning; provided that a finding of consistency shall not preclude concurrent processing where a general plan, community plan, or zoning amendment may also be required. 24 Daryn Arai Land Use Planning Consultant December 04, 2025 Page 3 ❑x The proposed development does not conflict with the following objectives of Chapter 205A, HRS (as amended), to: 0 Provide coastal recreational opportunities accessible to the public. 0 Protect,preserve, and where desirable,restore those natural and man-made historic and pre-historic resources in the coastal zone management area that are significant in Hawaiian and American history and culture. 0 Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. 0 Protect valuable coastal ecosystems, including reefs, beaches, and coastal dunes, from disruption and minimize adverse impacts on all coastal ecosystems. 0 Provide public or private facilities and improvements important to the State's economy in suitable locations. 0 Reduce hazard to life and property from coastal hazards. 0 Improve the development review process, communication, and public participation in the management of coastal resources and hazards. 0 Stimulate public awareness, education, and participation in coastal management. 0 Protect beaches and coastal dunes for: Public use and recreation; The benefit of coastal ecosystems; Use as natural buffers against coastal hazards; and Coordinate and fund beach management and protection. 0 Promote the protection, use, and development of marine and coastal resources to assure their sustainability. ❑x The proposed development is consistent with the following policies of Chapter 205A,HRS, relating to: 0 Recreational Resources 0 Historic Resources 0 Scenic and Open Space Resources 0 Coastal Ecosystems 25 Daryn Arai Land Use Planning Consultant December 04, 2025 Page 4 ❑x Economic Uses 0 Coastal Hazards 0 Managing Development ❑x Public Participation ❑x Beach and Coastal Dune Protection ❑x Marine and Coastal Resources ❑x The proposed development conforms to the requirements of Chapter 343, HRS, regarding Environmental Impact Statements. Findings 1. As discussed above, the proposed activities will not have any significant adverse environmental or ecological effect, except as such adverse effects are minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. 2 The proposed development is consistent with the objectives,policies, and SMA guidelines of Chapter 205A, HRS. 3. The estimated project cost of$267,000 is not in excess of$500,000. Approved Uses, Activities and Operations Pursuant to Planning Commission Rule Section 9-10(e), Special Management Area Minor Permit No. PL-SMM-2025-000079 is hereby approved for the proposed project as described above, subject to the applicants' compliance with the conditions of approval as specified below. Conditions of Approval The Planning Director has approved SMA Minor Permit No. PL-SMM-2025-000079, subject to the following conditions: 1. The applicant(s), its successor(s), or assign(s) (Applicant) shall be responsible for complying with all stated conditions of approval. 2. The Applicant shall secure all necessary approvals and permits from other affected federal, state, and county agencies as necessary to comply with all applicable laws and regulations. 26 Daryn Arai Land Use Planning Consultant December 04, 2025 Page 5 3. Construction of the proposed development shall be completed within five (5) years from the effective date of this permit. 4. No land alteration, grubbing, landscaping or construction activities, including but not limited to,the stockpiling of debris, construction materials or equipment, shall occur in the shoreline setback area without securing a prior written determination of minor structure or activity pursuant to Rule 11-8 from the Planning Director or approval of a Shoreline Setback Variance from the Planning Commission. 5. Artificial light from exterior lighting fixtures, including, but not necessarily limited to floodlights, up-lights or spotlights used for decorative or aesthetic purposes shall be prohibited if the light directly illuminates, or is directed to project across property boundaries or toward the shoreline and ocean waters, except as may otherwise be permitted pursuant to Section 205A-71(b), Hawaii Revised Statutes. 6. In order to preserve the coastal access for fishing and gathering purposes the public currently uses, the Applicant shall establish a 10-foot-wide pedestrian public shoreline access easement on the subject parcel along the north-east property boundary adjacent to the State parcel that extends from Kalapana-Kapoho Beach Road to the shoreline fronting the subject parcel. The metes and bounds of the shoreline access trail shall be recorded with the Bureau of Conveyances as a deed instrument against the affected lot. The Applicant shall not, at any time, impede or otherwise restrict lateral public access along the shoreline and within the public pedestrian access easement. The Applicant shall purchase and install a Shoreline Public Access sign meeting with Planning Department approval at the entrance to the public access path at Kalapana-Kapoho Beach Road. The Shoreline Public Access Sign description may be obtained from the Planning Department. 7. All earthwork and grading activity shall conform to Chapter 10,Erosion and Sedimentation Control of the Hawaii County Code. 8. All construction and maintenance activities on the subject parcel shall comply with Chapter 27, Floodplain Management, of the Hawaii County Code. 9. Due to insufficient information regarding potential impacts to subsurface historic properties, the Applicant is required to prepare an Archaeological Monitoring Plan (AMP) meeting the requirements of Hawai`i Administrative Rules(HAR) Ch. 13-279-4 for review and approval by the State Historic Preservation Division (SHPD) prior to the issuance of Building Permits for the proposed development. The Applicant shall provide a copy of the approved AMP to the Planning Department once approved by SHPD. The Applicant shall comply with the approved AMP including, but not limited to, having an archaeologist onsite to conduct archaeological monitoring for identification purposes during all ground disturbing activities to adequately identify any archaeological historic properties present 27 Daryn Arai Land Use Planning Consultant December 04, 2025 Page 6 and, if identified, to determine potential impacts to them, and to ensure that appropriate mitigation is implemented. 10. In the event that surface or subsurface historic resources,including human skeletal remains, structural remains(e.g.,rock walls,terraces,platforms, etc.), cultural deposits,marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. 11. Any further development, including but not limited to, the construction of structures or improvements not included in this determination shall require further review and approval as provided under Chapter 205A,HRS, and Rule 9,Planning Commission Rules of Practice and Procedure. 12. That in issuing this permit, the Department has relied on the information and data that the applicant has provided in connection with this permit. If, subsequent to issuance of this permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended, or revoked, in whole or in part, and/or the Department may, in addition, institute appropriate legal proceedings. 13. An initial extension of time for the performance of conditions within the permit may be granted by the Director upon the following circumstances: A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. C. Granting of the time extension would not be contrary to the original reasons for the granting of the permit. D. The time extension shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). E. If the applicant should require an additional extension of time, the Applicant will be required to submit for review and processing a new Special Management Area Asessment Application to to the Planning Department for appropriate action. 28 Daryn Arai Land Use Planning Consultant December 04, 2025 Page 7 14. The Planning Director shall initiate procedures to revoke this permit should any of the conditions not be met or substantially complied with in a timely fashion. If you have any questions, please feel free to contact Alex Roy at (808) 961-8140 or via email at alex.roy@hawaiicouniy.gov. APPROVED: eff� K DWI-ow December 04, 2025 Jeffre;W.Darrow(Dec 4,2025 13:57:15 HST) JEFFREY W. DARROW Date Planning Director 29 i i i .1 CL o © O cu / o ca N U O U) 2 .w •v N U r� S� co C •w N U w y C- W o N� $ • �� U) p oa LLJ N I U 0O J a C S cg Dcr- g y o 1 a / 4e b 1b ki H Y Y � #; .$+l .107 L � � CL 3 O L a LO O CL kz �o J r- f Y N) �# Z o Q r O C> Z ago � � N (n Y 0 1OO 2 O� F— —j M ` L ZQ SZ'�S4 30 JOSH GREEN,M.D. O„,hq DAWN N.S.CHANG GOVERNOR I KE KIA'AINA 195g 'w.y CHAIRPERSON BO RD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE SYLVIA LUKE MANAGEMENT LIEUTENANT GOVERNOR I KA HOPE KIA'AINA _ _® RYAN K.P.KANAKA'OLE `o hand and q�a`Gd' � f� FIRST DEPUTY ®.�7 CIARA W.K.KAHAHANE �� 'p ��•�""•••"°• DEPUTY DIRECTOR-WATER �� Beg.®,Pak1-•y]4�' AQUATIC RESOURCES BOATING AND OCEAN RECREATION S� STATE OF HAWAI`I KA MOKU`AINA`O HAWAI`I BUREAU OF CONVEYANCES k COMMISSIONMANAGEMENTON WARRESOURCE DEPARTMENT OF LAND AND NATURAL RESOURCES Sate of Ha�ao- _ CONSERVATION AND COASTAL LANDS KA'OIHANA KUMUWAIWAI `AINA CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRYAND WILDLIFE STATE HISTORIC PRESERVATION DIVISION HISTORIC PRESERVATION KAKUHIHEWA BUILDING KAHOOLAWE ISLAND AND RESERVE COMMISSION 601 KAMOKILA BLVD,STE 555 STATE PARKS KAPOLEI,HAWAII 96707 November 21,2024 IN REPLY REFER TO: Jeff Darrow,Director Project No. 2025PRO1081 Planning Department Doc.No. 251 IJG05 County of Hawaii Archaeology,History& Hilo,HI 96720 Culture 101 Pauahi Street, Suite 3 planiiingkhawaiicouply.gov Dear Jeff Darrow: SUBJECT: Hawaii Revised Statutes(HRS) Chapter 6E-42 Historic Preservation Review County of Hawaii Special Management Area Use Permit Permit Number: PL-SAA-2025-000312 Applicant: Kaimu Cove LLC(Landowner's representative) Kaimu Ahupua`a,Puna District, Island of Hawaii TMK: (3)1-2-018:001 This letter provides the State Historic Preservation Division's (SHPD's) review of the subject County of Hawaii Special Management Area(SMA)Assessment permit application received by our office on September 25,2025. The submittal included an SMA Use Permit Assessment Application, construction plans,a previous field inspection letter report (Clark 2024), a draft cultural impact assessment report (CIA),project parcel related previous correspondence (see HICRIS submittal materials),and photos of the project area.Per the submitted correspondence,the current project and permit represent a reduction in scope of a previously reviewed project(HICRIS Project No. 2024PR00940;Doc. No. 2409JG07). SHPD received subsequent information on November 7, 2025 in support of the project (HICRIS Submission Nos. 2025PR01081.003 and 2025PRO1081.004). The previously proposed project area was comprised of the entire 3.677-acre parcel; the project proponent proposed the development of a 5-lot subdivision consisting of parcels of at least 0.5 acre each for residential purposes and ground disturbing activities to facilitate the subdivision. The updated and current project area under the current permit application comprises a 0.46-acre portion of the project parcel;the proposed project consists of the construction of a residence and associated infrastructure and appurtenances. The proposed project will include the following: • Construction of a 2-story single-family dwelling(-704 sq.ft.first floor and—1088 sq.ft. second floor). • Construction of a 60 ft.long by 3 5 ft.wide pickleball court(slab on grade only,no fencing around perimeter). • Construction of an access road that will measure 55 ft.by 15 ft.with a rock wall and gate system at the entry point. Access to the proposed dwelling will be directly from the Kalapana-Kapoho Beach Road. • Installation of a septic system(see construction plans in HICRIS submittal materials). • Grading or excavation associated with the installation of the residence foundation,pickleball court and septic system. • Installation of associated utility improvements,such as waterline installation and electrical utility poles. • A 10 -foot wide, cinder-surfaced public pedestrian access easement will also be provided along the entire northern boundary of the subject property, adjacent to the existing adjoining State lands once the subject permit approved. Planning Depi. Exhibit ____ '31-_ Jeff Darrow November 21,2025 Page 2 Additionally,no use,land alteration or vertical construction will be permitted within the 40-foot shoreline setback area as established by a shoreline survey of the subject property certified by the Board of Land and Natural Resources on March 29,2023. The HICRIS submittal data and materials indicate that the proposed project area has been included as part of previous archaeological studies (Spear 1992, Doc. No. 9302ks25; and Clark 2024, Doc. No. 2409JG07) that resulted in the identification of historic properties. Per the submitted construction plans, none of the previously identified historic properties are located within the current permit area. SHPD received additional information subsequent to the initial submittal (Submission Nos. 2025PR01081.003 and 2025PR01081.004) that indicates that the proposed project area has been previously disturbed. SHPD previously reviewed an SMA permit (Permit # PL-SMA-2024-000063 [see above for previous project scope description]; HICRIS Project No. 2024PR00930; Doc. No. 2409JG07) in which SHPD reviewed a field inspection letter report (Clark 2024) and made a then-project effect determination of"No historic properties affected."The submitted CIA report(McGuire,October 2025)indicates that the coastline of Kaimu was a significant area to pre-contact and post-contact communities linked to traditional cultural practices. Moreover, interviews contained therein also indicate that a concern of the area is the potential for encountering subsurface deposits within the project area given the existing cemetery across the street from the subject parcel and the preservation of a coastal trail that that has not been identified by the previous studies (Spear 1992; and Clark 2024). Per correspondence (Joshua Gastilo [SHPD] to Jackson Bauer [DLNR DOFAW]; see HICRIS submittal materials), the trail alignment referred to in the CIA report(McGuire,October 2025)correlates with the existing highway corridor. While the proponent has previously indicated that the ground surface of the proposed project area is a result of a 1960s lava flow;available data and the submitted field inspection letter report (Clark 2024)specifically indicates the that the project parcel lies atop a"Puna basalt flow that erupted between 400 and 750 years before present(BP)forming much of the central and southern part of the parcel; a younger Puna basalt flow of`a`a lava dating to 200-400 years BP creating the northeastern edge; and a more recent pahoehoe flow that occurred between 1986 and 1992 present at the coast."The portion of the youngest flow(between 1986 and 1992)located in the project parcel is outside of the current project area.Moreover,the subject project area may lie within a previously disturbed area that that may have removed any surface features;however,any ground altering activity has the potential to impact subsurface features beneath the existing surface flow,including burials. Additionally,the portion of the lava flow on which the project is proposed is comprised of`a'a lava.Due to the nature of'a'a lava,potential exists for any unidentified historic properties,including human skeletal remains/burials to have fallen into the cracks and crevices and to have been deposited in subsurface contexts. Based on the information provided and the sensitivity of the area, SHPD has insufficient information to determine the potential for the project to adversely impact significant subsurface historic properties, including human skeletal remains/burials. Therefore, SHPD requests that archaeological monitoring be conducted for identification purposes during all ground disturbing activities to adequately identify any archaeological historic properties present and, if identified,to determine potential impacts to them, and to ensure that appropriate mitigation is implemented. SHPD looks forward to receiving for review and acceptance an archaeological monitoring plan(AMP) meeting the requirements of HAR §13-279-4 prior to permit issuance. Please submit the requested AMP and associated filing review fee to HICRIS Project No. 2025PR01081 in response to our HICRIS request. SHPD will notify the County of Hawaii Planning Department when the AMP has been reviewed and accepted, and the permit issuance process may continue. Please contact Traven Apiki at traven.apiki&hawaii. oovv for any questions regarding burials and Joshua Gastilo at Joshua. astilo,,hawaii.gov for any questions regarding archaeological resources or concerns regarding this letter. Aloha, Jessica L. Puff Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer 32 Jeff Darrow November 21,2025 Page 3 cc: Alex Roy, alex.roykhawaiicoun ov Daryn Arai,da, n.aaikoutlook.com Kaimu Cove LLC,Mattinhawaiikgmail.com Gina McGuire,mcguire2khawaii.edu Jackson Bauer,jackson.m.bauerkhawaii. og_v 3 33 �tY•OF N, C.Kimo Alameda,Ph.D. �o� • !�,, Jeffrey W.Darrow Mayor ���%t,. Director William V.Brilhante,Jr. Michelle S.Alm Managing Director i.=w;.�� Deputy Director ,TE OF•NF'•N West Hawai'i Office East Hawai'i Office 74-5044 Ane Keohokalole Hwy (� ai 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County Of Hawai'i Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 January 14, 2026 Mr. Mark Wyatt Kaimu Cove LLC c/o Daryn Arai LLC Via email: Daryn.Arai(&_ outlook.com Dear Mr. Wyatt, SUBJECT: Stop Work Order - Reference: Work Occurring Onsite on January 13, 2026 TMK: 1-2-018:001, 12-7789 Kalapana-Kapoho Beach Road, Pahoa, Hawai'i STOP WORK ORDER This Stop Work Order is sent to you to inform you to stop any land clearing and/or construction work that may be occurring on the above-mentioned property. An appeal to SMA Minor Permit No. 2025-000079 (PL-SMM-2025-000079) has been submitted to the Planning Department. Immediately cease any work occurring at TMK 1-2-018:001, 12-7789 Kalapana-Kapoho Beach Road, until the appeal process for SMA Minor Permit No. 2025-000079 (PL-SMM-2025- 000079) has been resolved. As this permit has been appealed,you are directed to immediately cease and desist from all ground disturbing activities including, but not limited to, land clearing, grading, grubbing, construction work, rock wall construction, and similar work. Additionally, Condition No. 9 of SMA Minor Permit No. 2025-000079 (PL-SMM-2025-000079) required that the applicant submit and receive approval of an Archeological Monitoring Plan (AMP)by the State Historic Preservation Division (SHPD), and a copy of the approved AMP be submitted to the Planning Department prior to all ground disturbing activities. Although the AMP has been submitted, it has not been approved and ground disturbing activities have occurred. The property is owned by Kaimu Cove LLC, which consists of approximately 3.8 acres and is located within the State Land Use (U)Urban and within the County of Hawai'i RA-.5a Zoning District. www.Dlannina:hawaiicounty.nov Hawaii County is an Equal Opportunity Provider and Employer Dlannina(dhawaiicounty.nov 34 Mr. Mark Wyatt Kaimu Cove LLC c/o Daryn Arai LLC January 14, 2026 Page 2 SITE INSPECTION REPORT A site inspection of the property was conducted on January 13, 2026, at approximately 11:15am which revealed the following: The Planning staff observed significant clearing of the lower Milo forest as well as a large graded and grubbed area(ground disturbance). Additionally, there is construction of a rock wall and waterlines in the vicinity of the public shoreline access path. Staff notes that there were materials and equipment staged on site, however, only the rock wall at the gate was being worked on by a contractor. No other work was occurring on site. Based on the above information, the Planning Director is issuing this stop work order to cease and desist any and all work on the subject property until the submitted appeal is resolved. If work continues prior to the resolution of the submitted appeal and without obtaining an approved AMP, a Notice of Violation will be issued with additional fines. Please contact Inspector Mark Iwamoto to schedule a follow up site inspection. For any questions regarding this order,please contact Planning Inspector Mark Iwamoto at (808)-961-8151. For questions regarding HRS 205A Coastal Zone Management,please contact Planner Mr. Alex Roy at our Hilo Office at(808) 961-8140. Sincerely, JEFFREY W. DARROW Planning Director c: Mark Wyatt Kaimu Cove LLC Via email: Lisa Behman Via email: Administrative Permits Division Planning Inspectors Via email: Mark.Iwamoto&hawaiicounty.gov Planning Division Via email Alex.Ro &7hawaiicounty�zov Maij a.Jackson&hawai i coun1y.goy 35 Mr. Mark Wyatt Kaimu Cove LLC c/o Daryn Arai LLC January 14, 2026 Page 3 State Historic Preservation Division—Hawai'i Island State of Hawai'i DLNR Via email: Joshua.gastilo&hawaii.gov Via email: sean.p.naleimaile@hawaii.gov 36 C. Kimo Alameda,Ph.D. �o�N<v os„����� Jeffrey W. Darrow J�,',, Mayor �� Director William V. Brilhame,Jr. Michelle S. Alm Managing Director ff-�;•� Deputy Director +r•o•' Mo..�. ',Tp OF•M,,i West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy u • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of l lawal 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 CERTIFIED MAIL 9589 0710 5270 3378 1987 41 January 28, 2026 Mr. Mark Wyatt Lisa Benhen Kaimu Cove LLC 12-55 Likoliko LP Pahoa, HI 96778 6810 Dear Mr. Wyatt and Ms. Benham: SUBJECT: 3rd Notice of Violation and Order (NOVO) PL-PCV-2022-00015 Reference: Stop Work Order dated January 14, 2026 TMK: 1-2-018:001, 12-7789 Kalapana-Kapoho Beach Road, Pahoa, Hawaii FINDINGS The Planning Department continues to receive complaints regarding continued ground disturbing activities, including the pouring of a large concrete slab, continued rock wall building and land clearing. Our investigation based on complaints received has revealed the following: The property is located at TMK (3) 1-2-018:001, 12-7789 Kalapana-Kapoho Beach Road, and is hereinafter referred to as the "property". The property is owned by Kaimu Cove LLC (Mark Wyatt & Ms. Lisa Benham), consisting of approximately 3.8 acres is located within the State Land Use (U)Urban and within the County of Hawaii, Zoning District Agricultural (RA-.5a). INSPECTION The Department received a complaint on January 6, 2026, stating that Kaimu Cove LLC conducted ground disturbance by constructing a concrete slab without an approved Archeologist Monitoring Plan (AMP). On January 13, 2026, our staff conducted a roadside inspection of the subject property and observed additional grubbing has occurred. The Planning Department issued you a Stop Work Order dated January 14, 2026, informing you to stop all land clearing and/ or construction work on the subject property. On January 26, 2026, staff conducted an on- www.planning.hawaiicounty_.gov Hawai`i County isanEqual Opportunity Provider andEmployer planningAahawaiicounty_.gov 37 Mark Wyatt Lisa Benhen Kaimu Cove LLC PL-PC-2022-00015 January 28, 2026 Page 2 site inspection and observed a concrete slab approximately 60' long and other ground disturbance toward the south-east portion of the property. HISTORY 1) On October 10, 2022, the Department issued the 1st NOVO to Kaimu Cove LLC with a SMA fine in sum of$10,000 for unpermitted development (the grubbing & grading of a road without a SMA Permit on a shoreline lot). 2) On December 15, 2022, the Department granted a time extension to comply with the NOVO. 3) On August 4, 2023, the Department issued a daily fines letter with information that fines began to accrue on October 11, 2022, and the accrued fines totaled $206,000. 4) On December 26, 2023, the Department granted a 2"d time extension to comply with the NOVO. 5) On July 22, 2024, the Department granted a 3"d time extension to comply with the NOVO. 6) On October 14, 2025, the Department issued a Stop Work Order for activity occurring on the subject property. 7) On October 29, 2025, the Department issued the 2nd NOVO to Kaimu Cove LLC with an additional SMA fine in the sum of$10,000. 8) On November 19, 2025, the Department received payment of$20,000 for the initial fine for the 15t NOVO and the fine for the 2nd NOVO. This did not include the accrued daily fines for the I"NOVO. 9) On December 4, 2025, the Department issued Kaimu Cove LLC a Special Management Area Minor Permit (PL-SMM-2025-000079) with conditions for a single-family dwelling and related improvements. Condition No. 9 required that the applicant receive an approved Archaeological Monitoring Plan (AMP) from the State Historic Preservation Division (SHPD), which would require having an archaeologist onsite to conduct archaeological monitoring for identification purposes during all ground disturbing activities. The applicant submitted an AMP to SHPD but this was not approved. 10)On January 14, 2026, the department issued Kaimu Cove LLC a 2nd Stop Work Order after receiving additional complaints of ground disturbing activities occurring on-site 38 Mark Wyatt Lisa Benhen Kaimu Cove LLC PL-PC-2022-00015 January 28, 2026 Page 2 NOTICE OF VIOLATION Based on the forei!oini!, you are in violation as follows: You have failed to comply with Condition No. 9 of the Special Management Area Permit (PL- SMM-2025-000079) requiring that an Archaeological Monitoring Plan (AMP), which meets the requirements of the State Historic Preservation Division (SHPD) be provided to the Planning Department prior to any development or ground disturbance. Therefore, you are being issued a Yd NOVO with an additional SMA fine in the sum of$10,000. ORDER You are hereby ordered to take the following corrective action(s) at your own expense: 1) Immediately cease and desist all work on the subject property until you provide the Department with an approved AMP by SHPD and secure an archaeologist to conduct archaeological monitoring for identification purposes onsite during all ground disturbing activities. 2) Pay the 3rd NOVO fine in the sum of $10,000 and the remaining daily fine in the sum $196,000 ($206,000 - $10,000 for the 1"NOVO). 3) Pay all fines due this office by or before 30 days from the date of the Postmaster Stamped date on the certified letter. Payment may be made by cash, cashier's check, or money order. Personal checks are not accepted. Make cashier's check or money order payable to the County Director of Finance. Upon satisfactory compliance with all conditions of the above order, we may close the complaint with no further action. RULE 9. SPECIAL MANAGEMENT AREA 9-4 Definitions: a) "Assessment" means an evaluation by the Department of a proposed use, activity, or operation to determine whether a Special Management Area Use permit is required. e) "Development" means any of the following uses, activities, or operations on land or in or under water within the Special Management Area: 39 Mark Wyatt Lisa Benhen Kaimu Cove LLC PL-PC-2022-00015 January 28, 2026 Page 2 (1) "Development" includes the following: (A)Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste. (B) Grading, removing, dredging, mining, or extraction of any materials. (3) Any proposed use, activity, or operation listed in Section 9-4(e) (2) shall be deemed to be "Development" until the Director has determined it to be exempted from the definition of"development." (4) Whenever the Director finds that any excluded use, activity, or operation may have a cumulative impact, or a significant adverse environmental or ecological effect on the Special Management Area, that use, activity, or operation shall be defined as "development" for the purpose of this rule. GENERAL INFORMATION 9-17 Penalties (a) Any person who violates any provision or this rule shall be liable for (1) a civil fine not to exceed $100,000; or (2) for the cost of returning the affected environment or ecology within the Special Management Area to the condition existing before the violation. (b) In addition to any other penalties, any person who is violating any provision of this rule shall be liable for a civil fine not to exceed $10,000 a day for each day in which such violation persists. (c) Any civil fine or other penalty provided under this rule may be imposed by the circuit court or by the Planning Department after an opportunity for a hearing under Chapter 91, HRS. 9-19 Administrative Fines The Department is authorized to impose administrative fines in accordance with established rules. What happens if you do not correct the violation? A violation that is not corrected by the deadline date may be assessed daily fines. Can you appeal this Notice of Violation? Yes. In accordance with Section 6-9.2 (a) of the Hawaii County Charter, the Board of Appeals is authorized to hear and determine any appeal from the final decisions of the Planning Director. 40 Mark Wyatt Lisa Benhen Kaimu Cove LLC PL-PC-2022-00015 January 28, 2026 Page 2 1. An appeal shall be electronically submitted in the format prescribed by the Board of Appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. Unless otherwise specifically provided by the Board of Appeals rules, an electronic copy of each document shall be filed. A filing fee of$250 shall accompany any such appeal. (Application must be submitted electronically) 2. The appellant, landowner(s) if not the appellant, and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the Board of Appeals. For your convenience, we have provided the website address for Hawaii County's new EPIC System (Electronic Processing and Information Center) for applications. Appeal must be submitted electronically, WEBSITE: https://hawaiicountyhi-enerl!ovpub.tylerhost.net/Apes/SelfService#/home Due Date for Appeal: The appeal must be received within thirty (30) calendar days from the date of receipt of this Notice of Violation and Order. An appeal to the Board of Appeals shall not stay the provisions of the Director's "Order" pending the final decision of the Board of Appeals. The appeal must be made in accordance with the Board of Appeals Rules of Practice and Procedures, or it may result in the dismissal of the appeal. What happens if I lose my appeal? The assessment and accumulation of fines does not stop when you file for an appeal. If the Board of Appeals denies your appeal, then you will be required to pay your fines from the day the fines began to the date the violation(s) has been corrected, which must be verified by the Planning Department. You can also take corrective action as described in this letter and stop the daily fines while appealing. If you do not take corrective action, daily fines will continue to accrue incrementally. Should you acquire the services of an attorney/counsel representation, then you are required to also submit a letter of consent with your response letter authorizing the County to correspond and respond to the attorney/counsel representation. Can I get a time extension to have more time to correct the violation? NO, this is the 311 NOVO and Order with fines against you therefore you will not be allowed to request for a time extension. 41 Mark Wyatt Lisa Benhen Kaimu Cove LLC PL-PC-2022-00015 January 28, 2026 Page 2 For any questions regarding this order, please contact Planning Inspector Mark Iwamoto preferably by e-mail at 808-961-8151. For questions regarding HRS 205A Coastal Zone Management, please contact Planner Mr. Alex Roy at our Hilo Office at (808) 961-8140. Sincerely, bL� e W. DaYYow Jeffrey .Darrow(Jan 28,2026 11:51:09 HST) Jeffrey W. Darrow Planning Director MI/JD:sklo V:\PL\PL\planning\public\Enforcement\TMKFiles\ZONE 1 Sec. 1-1 to 1-4\1-2-018-001\novo3ndKaimuCoveLLC PL-PCV-2022-00 0 1 5.doc Cc: Planning Division SMA Planner VI Via email: alex.royLhawaiicountygov Cc: Jean Campbell Corporation Counsel Via email: iean.campbellkhawaiicount gov Cc; Hans Santiago Via email: hans.santiag_oga hawaiicounty.gov Cc: Mayor Kimo Alameda Via email: kimo.alameda(a�hawaiicount.gov 42 Oda, Michelle From: Darrow, Jeffrey W. Sent: Wednesday, February 25, 2026 3:03 PM To: Oda, Michelle Cc: Iwamoto, Mark; Roy, Alex Subject: FW: PL-PCV-2022-00015 TMK 1-2-018:001, 12-7789 Kalapana-Kapoho Beach Road, Pahoa, Hawaii Attachments: PL-PCV-2022-00015 TMK 1-2-018:001, 12-7789 Kalapana-Kapoho Beach Road, Pahoa, Hawaii Follow Up Flag: Follow up Flag Status: Flagged Aloha Michelle, Can you please intake this email and assign to Norren for Mark. Should go under PL-PCV- 2022-000015. Mark, please grant time extension. Thanx, Jeff From: Patrick K. Wong<pwong@carlsmith.com> Sent: Wednesday, February 25, 2026 1:06 PM To: Darrow,Jeffrey W. <Jeff.Darrow@hawaiicounty.gov> Subject: PL-PCV-2022-00015 TMK 1-2-018:001, 12-7789 Kalapana-Kapoho Beach Road, Pahoa, Hawaii Good afternoon Director Darrow: We have been recently engaged by Kaimu Cove LLC and will be submitting our notice of appearance as counsel shortly. This requests a 30 day extension to respond to the letters dated January 28, 2026 (3rd NOVO) and January 14, 2026 (Stop Work Order) regarding the above referenced real property. Please confirm your receipt of this email and your consideration of our request for an extension. Mahalo, Pat PATRICK K.WONG Partner I Carlsmith Ball LLP 1 43 Carl smith Ball ,,,. 75-5722 Kuakini Highway#208 Kailua-Kona, HI 96740 Tel: 808.329.6464 Fax: 808.329.9450 Honolulu - Hilo - Kona - Maui www.carlsmith.con IMPORTANT/CONFIDENTIAL: This message from the law firm of Carlsmith Ball LLP, A Limited Liability Law Partnership, contains information which may be confidential, privileged, and/or exempt from disclosure under applicable law. If you are not the addressee (or authorized to receive for the addressee), you are hereby notified that the copying, use or distribution of any information or materials transmitted in or with this message is strictly prohibited. If you received this message in error, please immediately notify me(the sender) by replying to this email, then promptly destroy the original message. Thank you 2 44 Oda, Michelle From: Patrick K. Wong <pwong@carlsmith.com> Sent: Wednesday, February 25, 2026 1:06 PM To: Darrow, Jeffrey W. Subject: PL-PCV-2022-00015 TMK 1-2-018:001, 12-7789 Kalapana-Kapoho Beach Road, Pahoa, Hawaii Good afternoon Director Darrow: We have been recently engaged by Kaimu Cove LLC and will be submitting our notice of appearance as counsel shortly. This requests a 30 day extension to respond to the letters dated January 28, 2026 (3rd NOVO) and January 14, 2026 (Stop Work Order) regarding the above referenced real property. Please confirm your receipt of this email and your consideration of our request for an extension. Mahalo, Pat PATRICK K.WONG Partner I Carlsmith Ball LLP Carlsmith Ball _., 75-5722 Kuakini Highway#208 Kailua-Kona, HI 96740 Tel: 808.329.6464 Fax: 808.329.9450 Honolulu - Hilo - Kona - Maui IMPORTANT/CONFIDENTIAL: This message from the law firm of Carlsmith Ball LLP, A Limited Liability Law Partnership, contains information which may be confidential, privileged, and/or exempt from disclosure under applicable law. If you are not the addressee (or authorized to receive for the addressee), you are hereby notified that the copying, use or distribution of any information or materials transmitted in or with this message is strictly prohibited. If you received this message in error, please immediately notify me(the sender) by replying to this email, then promptly destroy the original message. Thank you 1 45 Mitchell D.Roth Zendo Kern o,• `.., Mayor j-� �idig� Director Deanna S. Sako Jeffrey W.Dan-ow Managing Director a( , ; Deputy Director West Hawai`i Office East Hawai'i Office 74-5044 Ane Keohokalole H-A-y 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawaii Hilo,Hawai'i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 February 26, 2026 Law office of Carlsmith Ball LLP Mr. Patrick Wong 2wongLcarlsmith.com Dear Mr. Wong: SUBJECT: Request for Time Extension #4 Complaint: Unpermitted Development within the Special Management Area (SMA) File No.: PL-PCV-2022-00015 Property Owner(s): Kaimu Cove LLC Reference: NOVO #3, dated July 22, 2024 TMK: (3) 1-2-018:001, Kalapana-Kapoho Road, Pahoa, III We acknowledge receipt of the email from Law Office of Carlsmith Ball dated February 25, 2026, requesting for a time extension to comply with the County of Hawaii, Planning Department's Yd Notice of Violation and Order dated January 28, 2026. According to your request, Carlsmith Ball has been recently engaged by Kaimu Cove LLC and soon will be submitting notice of appearance as counsel. Further, the request also expresses extending the period of the payment of fines. . TIME EXTENSION We have decided to grant the request for a time extension with a new deadline date of 30 days after the conclusion of the Board of Appeal. We also agree to extend the payment time as is reflected with the new time extension deadline date. Please be reminded that it is the responsibility of the property owner or representative of Carlsmith Ball LLC to contact the County of Hawaii, Planning Department, pertaining to the payment of any unpaid existing fines. www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning(Ahawaiicountyrgoy 46 Law Office of Carlsmith Ball LLP Mr. Patrick Wong PL-PCV-2022-00015 Request for a Time Extension February 26, 2026 Page 2 Should you have any further questions on this matter, please feel free to contact Planning Inspector, Mark Iwamoto at (808) 961-8151. Sincerely, c7e&Le� tv. Dortow Jeffrey W. Darr w(Feb 26,2026 15:54:19 HST) JEFFREY W. DARROW Planning Director MI:sklo V:\PL\PL\planning\public\Enforcement\TMKFiles\ZONE 1 Sec.1-1 to 1-4\1-2-018-001\timeext#4PCV-2022-00015.doc cc: Jean Campbell Corporation Counsel Via email: jeank.campbell(ahawaiicounty.gov cc: Mayor Kimo Alameda Via email: kimo.alameda(a-),hawaiicounty.gov cc: Planning Division SMA Planner VI Via email: alex.roy(a,hawaiicounty.gov 47 IN THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I MARK WYATT ) PL-BOA-2026-000130 Appellant, ) Appeal of Decision by the Planning Director Dated January 28, 2026, Regarding Notice of Violation and Order(PL-PCV-2022- vs. ) 00015) Relating to Failure to Comply with Conditions of the Special Management Area Permit(PL-SMM-2025-000079) JEFFREY W. DARROW ) PLANNING DIRECTOR ) COUNTY OF HAWAI`I ) Appellee. ) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing document was duly served on March 9, 2026 ,to the following parties in the manner indicated below: HAND- DELIVERED U.S. MAIL E-MAIL MARK WYATT ( ) ( ) (X) 12-55 Likoliko Lp. Pahoa, HI 96778 6810 E-mail: Kaimu.cove(2gmail.com Appellant JEAN CAMPBELL, ESQ. ( ) ( ) (X) Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, HI 96720 E-mail: Jeank.Campbellghawaiicoun ov Attorney for Appellee KAIMu COVE LLC ( ) ( ) (X) 12-55 Likoliko Lp. Pahoa, HI 96778 6810 E-mail: Kaimu.cove(cr��,gmail.com Landowner LISA BENHAM ( ) ( ) (X) 12-55 Likoliko Lp. Pahoa, HI 96778 6810 E-mail: Lbsbinc2gmail.com Landowner PATRICK K. WONG ( ) ( ) (X) Carlsmith Ball LLP 75-5722 Kuakini Hwy. #208 Kailua Kona, HI 96740 E-mail: Pwong2Carlsmith.com Representative for Landowners SYLVIA WAN, ESQ. ( ) ( ) (X) Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, HI 96720 E-mail: SylviaA.Wanghawaiicounty.gov Attorney for Board of Appeals BOARD OF APPEALS ( ) ( ) (X ) 101 Pauahi Street, Suite 3 Hilo, HI 96720 E-mail: BoardofAppealsghawaiicoun ov Board of Appeals DATED: Hilo, Hawaii,March 10, 2026 1�74a� Ot� STEPH NIE OTA Administrative Permits Division Clerk for the Planning Department