An investigation is still ongoing. The permit required 24 hours reporting to the authority. According to the developer, the construction of dry well sumps in the residential area up slope of the golf course was ongoing and should be completed by January 2001. The Dept. of Health Investigative Report, which is also in evidence, states in part that based upon the information to date, it appears that the developer had implemented erosion control measures described in the NOI, with the exception of completing the sump pits and swales up slope of the graded areas prior to grading. The Dept. of Health is still investigating.
Plaintiffs are likely to prevail on the merits.
The ocean waters off Kealakekua Bay are deemed Class AA Open Coastal Waters as presented in Title 11. No zones of mixing are permitted in this Class. The permit issued by the Dept. of Health provides that no sediment discharge into the State waters is allowed by Defendant Oceanside 1250 Partners. The balance of irreparable damage favors the issuance of a temporary restraining order to preserve the status quo. Monetary damages are insufficient to compensate for any pollution within the ocean.