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Home My WebLink About2026-01-28 PL-PCV-2022-00015 3rd Notice of Violation and Order JNtY Os h��Y C. Kimo Alameda,Ph.D. �o.• ,, ' Jeffrey W.Dan-ow Mayor ��%it,. Director William V.Brilhante,Jr. Michelle S. Alin Managing Director Deputy Director •f•. ..:Mq. �. ,TE OF•NF'•N WestHawai`i Office East Hawai`i Office 74-5044 Ane Keohokalole Hwy • 101 Pauahi Street,Suite 3 Kaitua-Kona,Hawaii 96740 County of Hawal i Hito,Hawaii 96720 Plione(808)323-4770 Plione(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.ptamiing.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer ptanning(ahawaiicounty.gov 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 I" 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 2nd time extension to comply with the NOVO. 5) On July 22, 2024, the Department granted a 3rd 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 I" NOVO and the fine for the 2"d NOVO. This did not include the accrued daily fines for the ls`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 2"d Stop Work Order after receiving additional complaints of ground disturbing activities occurring on-site Mark Wyatt Lisa Benhen Kaimu Cove LLC PL-PC-2022-00015 January 28, 2026 Page 2 NOTICE OF VIOLATION Based on the foregoing,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 3'd 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 Yd NOVO fine in the sum of$10,000 and the remaining daily fine in the sum $196,000 ($206,000 - $10,000 for the I"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: 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. 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-ener2ovpub.tylerhost.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. Can I get a time extension to have more time to correct the violation? NO, this is the 3rd NOVO and Order with fines against you therefore you will not be allowed to request for a time extension. 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, t7e 1'��J w Dan-ow Jeff.Darrow(Jan 28,2026 11:51:09 HST) Jeffrey W. Darrow Planning Director MI/JD:sklo V:APL\PL\planning\publicAEnforcement\TMK Files\ZONE 1 Sec. [-] to 1-4\1-2-018-001\novo3ndKaimuCoveLLCPL-PCV-2022-00015.doc Cc: Planning Division SMA Planner VI Via email: alex.roy�c�hawaiicounty.gov Cc: Jean Campbell Corporation Counsel Via email: jean.campbell(a�hawaiicount ogv Cc; Hans Santiago Via email: hans.santiagoghawaiicounty.gov Cc: Mayor Kimo Alameda Via email: kimo.alameda(a�hawaiicountgov