HomeMy WebLinkAbout2025-10-29 PL-PCV-2022-00015 2nd NOVO LTR with Administrative Fines C. Kimo Alameda Ph.D. :•o.••f. - •• i 1. Jeffrey W. Darrow
Mayor ' r';} �f�r,;-. '� Director
William V. Brilhante Jr. :-, r_ Michelle S.Ahn
, __... �; s; Deputy Director
Managing Director '�� ,a--• : :;=;;
West Hawai`i Office East Hawai`i Office
74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3
Kailua-Kona,Hawai`i 96740 Countyof Hawaii Hilo,Hawai`i 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
CERTIFIED MAIL
7020 1290 0001 4429 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.Araigoutlook.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-Kapoho 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 Hawai`i, 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.gov Hawaii County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov
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 2nd NOVO with an additional
fine in the sum of$10,000, which will be added to the previous NOVO fine.
Based on the foregoing, 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 1st SMA NOVO fine in the sum of$10,000 and the 2nd 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:
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.
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 Hawai`i 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 Hawai`i County's new EPIC
System (Electronic Processing and Information Center) for applications. Appeal must be
submitted electronically,
WEBSITE: https://hawaiicountyhi-energovpub.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.
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,
7eff, e kv. Darrow
Jeffrey W.Darrow(Oct 29,2025 15:44:55 HST)
JEFFREY W. DARROW
Planning Director
MI/JD: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: and
Alex Roy, SMA Planner VI
Via email: alex.roy@hawaiicounty.gov
Jean Campbell, Deputy Corporation Counsel
Via email: jean.campbell@hawaiicounty.gov
Hans Santiago, Administrative Permits Planner
Via email: hans.santiagoghawaiicounty.gov
Mayor Kimo Alameda
Via email: kimo.alameda@hawaiicounty.gov