2026-01-05 Exhibit 08_2nd Notice of Violation and Order

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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.