A15-798 Waikapu Properties, LLC, et al

STATUS

Petitioner Waikapu Properties, et.al., filed a petition with the Commission on April 16, 2015 for their project called Waikapu Country Town. The Commission heard Petitioner’s Motion asking the Commission to be the approving authority for an Environmental Impact Statement (EIS) and to go straight to preparation of an EIS document at its hearing on Maui on April 29, 2015. The Commission granted Petitioner’s Motion by Order dated May 1, 2015 (see below under LUC Notices and Orders). Petitioner filed a draft EIS (DEIS) with the State Office of Environmental Quality Control (OEQC) which was published on February 8, 2016. The public review and comment period for the DEIS ran until March 24, 2016 *(original deadline as published on February 8 OEQC Bulletin was March 28). The Public Comments section contains comments received during that time period. The draft Final EIS (FEIS) was published in the January 8, 2017 issue of the OEQC Bulletin; but you can access a complete copy in sections from the link below. The Commission accepted the FEIS on January 18, 2017 on Maui.

The Petitioner provided the Commission with an amended Petition that incorporated information contained within the accepted FEIS and any additional required information, and the Commission reviewed the application for completeness. The Petition was deemed a complete filing on June 9, 2017, and the Commission’s 365-day time period for making a decision has begun.

The Commission approved the Petition in February 2018. Findings of Fact, Conclusions of Law, Decision and Order (02/26/2018)

Post-Decision ActionsNotices and OrdersPetitioner FilingState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Maui FilingsCorrespondencePublic CommentsAnnual Reports

2021 Motion for Modification

2022 Motion to Amend Conditions 1, 4 and 8(b) of Decision and Order

Order Determining (1) That the Land Use Commission Agrees to Be the Accepting Authority Pursuant To Chapter 343, Hawai`i Revised Statutes; And (2) That the Proposed Action May Have a Significant Impact Upon the Environment to Warrant Proceeding Directly to The Preparation of an Environmental Impact Statement (05/01/2015)

LUC “Petition deemed incomplete” letter to Petitioner (05/07/2015)

Decision & Order Accepting Petitioner’s FEIS (01/20/2017)

Pre-hearing Meeting Notices (08/02/2017)

Findings of Fact, Conclusions of Law, Decision and Order, Exhibit A (Petitioner’s Revised Exhibit 12) Exhibit B (Petitioner’s Revised Exhibit 13) (02/26/2018)

LUC Agenda & Minutes

April 29, 2015: Agenda | Minutes

January 18-19, 2017: Amended Agenda | Minutes 01/18/17

August 23, 2017 (Site Visit): Agenda | Minutes

December 06-07, 2017: Agenda | Minutes

January 24-25, 2018: Agenda | Minutes

February 21, 2018: Agenda | Minutes

2015

PETITIONER’S Draft Petition, (04/16/2015)
Petitioner’s Motion to Designate the Land Use Commission as Approving Agency for Environmental Statement Under HRS Chapter 343 and For Authority to Prepare Environmental Impact Statement, Memorandum in Support of Motion, Appendix “1”, COS (04/16/2015)
Environmental Impact Statement Preparation Notice (EISPN) (11/12/2015)

Part I: EISPN Report
Part II: EISPN Appendices
Petitioner’s Affidavit: Notice of Filing Petition, Exhibit 1-3, COS

2016

Petitioner Submittal Letter to OEQC of Draft EIS (02/02/2016)
Petitioner’s Draft Environmental Impact Statement (DEIS) (02/08/2016)
Petitioner’s draft Final EIS (12/23/2016)

2017

Copy of Petitioner’s PowerPoint presentation used at LUC 01/18/2017 meeting
Amended Petition for Land Use District Boundary Amendment (05/01/2017)

EXHIBITS 1-50 to Amended Petition (also click here for links to Direct Witness Testimonies)
Verification of Michael Atherton
Affidavit of Mailing, COS

Exhibits 12 & 13 with metes and bounds descriptions signed and stamped by licensed surveyor (06/09/2017)
Affidavit of Mailing of Notice of Filing of Amended Petition; Exhibits “1”-“3”; COS (07/25/2017)
Petitioner’s Witness List (10/27/2017) (*go to EXHIBITS to Amended Petition for links to Direct Witness Testimonies)
Petitioner’s Exhibit List (10/27/2017)
* Revised Exhibit 12 and Revised Exhibit 13 (11/02/2017)
Supplemental Exhibit List- Exhibits 36-49 submitted at LUC hearing on 12/06/2017 on Maui
Petitioner’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (12/26/2017)