Saturday, July 28, 2007

Wailuku Water

WAILUKU – State officials are recommending denial of an after-the-fact permit for the developer of Wailuku Country Estates, a permitting snafu that already has resulted in a $15,000 fine for the developer for the unauthorized construction of a water tank on conservation land.

The matter is on today’s Board of Land and Natural Resources agenda.

If the panel meeting in Honolulu agrees with its staff recommendation, developer CGM, LLC, would have 60 days to either reapply for a conservation district use permit or remove the 100,000 water tank being used by the Department of Water Supply to store water supplied to country estates residents.

Failure to reapply for the permit also could result in fines of $2,000 per day, and the ongoing violations could be referred to the Department of the Attorney General for action.

The water tank is on nearly 1.2 acres about 800 feet above sea level and on the slopes overlooking the Wailuku Country Estates, an agricultural subdivision on former C. Brewer land. The property is owned by Wahi Ho’omalu Limited Partnership, but, according to the land board’s staff report, it has been used by the water department since the subdivision was completed in 2002-03.

In November, the state levied $15,000 in fines for violations of state law and administrative rules for the unauthorized building of the water tank as well as road/utility and drainage easements, the placement of utility poles, grubbing, grading and land clearing and the installation of a fence. That fine has been paid.

Attorney Tim Lui-Kwan, who represents CGM, did not return a call from The Maui News seeking comment.


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