HomeMy WebLinkAbout2026-02-11 PL-BOA-2026-000130 Petition 12-7789 KALAPANA KAPOHO BEACH RD, HI
(PL-PCV-2022-00015) on TMK: 1-2-018:001
Representative of Kaimu Cove the Land owner
Appealing $206,000 back fees and the recent $10,000 fee
originally appealed the $206 late fees in this back in 11/17/2022 For Plan
Number: PL-BOA-2022-00005. After talking with Iwamoto, Mark of the
Planning Dept as directed on the violation notices. I withdrew that appeal.
He explained to me then that the Planning Department is not out to collect
fines but to bring owners into compliance and that once under compliance
and when an SMA is issued the fines are withdrawn. In the past 4 year of
this permitting process that same message has been repeated by Alex Roy
of planning, and relayed from county to me via Daryn Ari our consultant,
who was familiar with this practice.
On the last violation I came in and talked with Mark Iwamoto which only stated
$10,000 for 1 NOVO and $10,000 for the 2nd NOVA. No mention of back fines. He
stated that the permit would not be issued unless this was settled. I told him I was
going to be appealing this. He stated just pay the fine and move forward with
getting the SMA permit. That if I appealed the $20K all the old back fines would be
brought back onto the table during the appeal process. He said the normal
procedure is when owner is compliant to remove delayed fines upon the SMA
permit was approved. I paid the $20,000 2nd NOVO fine that day. I was then told a
letter would be sent to me of payment and adjustment of fines. I spoke with Mark
Iwamoto on Friday February 2, 2026 after receiving the 3rd NOVO and he said he
drafted the letter waiting the director's signature but that the director Jeff Darrow
decided and took this other path instead. When inquiring about past fines accrued
being paid, Alex Roy answered an email from Leslie Enriqes and others, on
September 24, his response was "No fines have been paid to date. Resolutions of
enforcement cases usually comes via the approval of permit. I cannot comment
on current enforcement procedures as I am not privy to that information."
This large fine would create a hardship I am likely to not rebound from and I want
to be treated like everyone else. I became compliant and a SMA permit was
issued. The delayed fines could have and should have been erased and a letter
sent, as has been to for others in the past. I just want fair and equal treatment.
Selective enforcement seems to have possibly happened here, intentional or not.
am also appealing the $10,000 fine on the 3rd notice and the 3rd NOVO
itself. The SHPD stipulation on the SMA permit should have never been put
in place. This same property was approved by SHPD with a county required
archeological study done 2024 by Matt Clark of ASM Affiliates required
because they received community member reports/complaints of graves
on the site. This study confirmed finds of a 1992 Robert Spears findings.
Because of Gina McGure's Cultural Impact Assessment given to the SHPD
via the planning department archaeological monitoring was recommended
even though nothing had physically changed on the property except more
individuals stating there could be graves on the property. Jeff Darrow
decided to take their recommendation. I have been in contact with Susan
Lebo, Johusa Gastilo, Traven Apiki, and Sean Naleimaile at SHPD and
tried to contact Jessica Puff. Most of them do not return phone calls,
but I was successful contacting them (Mostly Susan, Traven and Sean)
on several occasions. I have been trying to get them to remove the
stipulation for monitoring and also to get a definition of ground
disturbance. I have been getting the run around on both of those.
Traven expressed they were mostly concern with excavation, 3' or so to
the subsurface other than that none of them would give me written or
verbal definition of ground disturbance. We have been careful in
removing green waste and previous cut trees recently and have an
approved waste system ready to be installed in an existing ravine.