A17-803 Kealia Properties, LLC

Background

Kealia Properties, LLC (“Petitioner”) is requesting to amend the boundaries of the State Land Use Agricultural District into the State Urban District for approximately 53.361 acres of land at Kealia, Kawaihau, Island of Kaua`i covering Tax Map Key No. (4)-4-7-004:001 (portion).  The proposed project is called Kealia Mauka Homesites that would develop approximately 235 residential lots.  The proposed Kealia Mauka Homesites will require the use of state or county lands, including public roadways that will trigger an environmental assessment under Section 343-5(a)(1), Hawai`i Revised Statutes (HRS).

Status

Petitioner filed a draft Petition with the Commission on Monday October 16, 2017.  The draft Petition underwent a 30-day staff review for completeness, and was determined to be incomplete until the Chapter 343, HRS, environmental review process was been completed and Petitioner had filed an amended Petition.

Petitioner also filed on October 16, 2017, Petitioner’s Motion to Designate the Land Use Commission as Approving Authority for Environmental Statement Under Chapter 343 and for Authority to Prepare an Environmental Impact Statement Preparation Notice (“EISPN”).  The Commission scheduled a hearing on this request for November 8-9, 2017 at Lihu`e, Kaua`i and issued a Decision and Order on November 13, 2017 agreeing to be the accepting authority for the EIS and directed the applicant to prepare an EISPN.  The approval to prepare and file an EISPN began the public review process for this proposed project.

The applicant filed a draft EIS in April 2018 with a 45-day public review and comment period ending on June 22, 2018.  A Final EIS for review by the Commission was filed with OEQC and the Commission in July 2019.  The Commission held a hearing to consider the FEIS on July 25, 2019; that hearing was continued.  The Commission has scheduled the continued hearing for August 8, 2019, to be held on Kauai at Kauai Community College starting at 9:30am.

A Findings of Fact, Conclusions of Law and Decision and Order Accepting the Final Environmental Impact Statement was executed on August 9, 2019.

The last activity on this docket occurred on August 14, 2019 when the LUC mailed correspondence and publication forms to OEQC for the FEIS.

Petitioner FilingState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Kaua`i FilingsCorrespondencePublic CommentsLUC Notices and Orders

Petitioner’s Motion to Designate the Land Use Commission as Approving Authority for Environmental Statement Under HRS Chapter 343 and for Authority to Prepare an Environmental Impact Statement Preparation Notice (“EISPN”) filed October 16, 2017

Petition for Land Use District Boundary Amendment and Exhibits 1 – 5 filed October 16, 2017

Petition

Exhibit 1 – Regional Location Map

Exhibit 2 – Land Tax Key Parcel Description and Metes and Bounds Map

Exhibit 3 – Land Tax Key Plat Map

Exhibit 4 – Property Title Report

Exhibit 5 – Kealia Mauka Homesites EISPN plus Public Notice & Certificate of Service

Petitioner’s Draft Environmental Impact Statement (“DEIS”) filed April 24, 2018

Petitioner’s Request for review of Cultural Impact Assessment (CIA)  (6-19-19)

Petitioner’s Final Environmental Impact Statement (7-11-19)

*Click on Indexed FEIS files below- (entire FEIS file is too large to display on this web page)

Final Environmental Impact Statement, Keālia Mauka Homesites, July 2019

  • Part 1 – Signature Page through Chapter 2
    o Signature Page
    o Preface
    o Table of Contents
    o Summary
    o Chapter 1 Introduction
    o Chapter 2 Proposed Action and Alternatives

Part 2 – Chapter 3 Natural and Physical Environment

Part 3 – Chapter 4 Human Environment

Part 4 – Chapter 5 through Chapter 8
o Chapter 5 Relationship to Plans, Policies and Controls
o Chapter 6 Other Impacts and Issues
o Chapter 7 EIS Preparers and Contributors
o Chapter 8 References

Part 5 – Chapter 9 Parties Consulted During Preparation of the Draft and Final EIS
o Matrix Summary of EISPN Comments
o Matrix Summary of DEIS Comments
o EISPN Comments

Part 6 – DEIS Comments and Responses

APPENDICES
Appendix A – Letter from County of Kaua‘i Planning Department, September 27, 2018, RE: Comments on Chapter 343 Disclosure Process, Departmental Determination DD-2016-70; County of Kaua‘i Planning Department, Departmental Determination DD-2016-70, Boundary Interpretation for General Plan, July 5, 2016

Appendix B – Botanical Resources Assessment, April 2017 and Botanical Resources Assessment for the Proposed Keālia Road Widening, Roundabout, and Sewer Improvement Project, December 2018, LeGrand Biological Surveys, Inc.

Appendix C – Faunal Surveys, April, 2017 and Faunal Surveys Conducted for the Sewage Line, Keālia Properties Project, December 2018, Rana Biological Consulting

Appendix D1 – Revised Draft Archaeological Literature Review and Field Inspection Report (Kamai and Hammatt), Cultural Surveys Hawai‘i, April 2018\

Appendix D2 –

Draft Archaeological Inventory Survey (AIS) Report, (Kamai, Folk and Hammatt), Cultural Surveys Hawai‘i, June 2019
o Part a – Transmittal letter, CSH comment matrix, AIS Report pp. i to 36
o Part b – AIS Report pp. 37 to 76
o Part c – AIS Report pp. 77 to 118

Appendix D3 – Chapter 6E-8 Historic Preservation Review Correspondence

o Correspondence Related to LRFI
1. LUC Letter to SHPD, February 27, 2018
2. SHPD Letter to LUC, May 29, 2018, Log No. 2018.00602, Doc No. 1805GC09
3. LUC Letter to SHPD, September 21, 2018
4. SHPD Letter to LUC, October 3, 2018, Log No. 2018.00602, Doc No. 1810DB01
o Correspondence Related to AIS Report
5. LUC Letter to SHPD, April 17, 2019 transmitting AIS Report
6. SHPD Letter to LUC, May 29, 2019, Log. No. 2018.00602, Doc No. 1805GC09
7. SHPD Letter to LUC, June 10, 2019, Log No. 2019.00892, Doc No. 1906DB01
8. LUC Letter to LUC, June 25, 2019, transmitting revised Draft AIS Report
9. Cultural Surveys Hawai‘i letter to LUC, June 25, 2019, with Comment Table

• Appendix E(a) – Draft Cultural Impact Assessment for Proposed Keālia Subdivision and Associated Sewer Line Project, Cultural Surveys Hawai‘i, March 2019

o Part a – CIA pp. i to 84
o Part b – CIA pp. 85 to 245
o Part c – CIA Appendix pp. 246 to 269
o Part d – CIA Appendix pp. 270 to 296

Appendix E(b) – CIA Transmittal to Aha Moku

Appendix F – CBRE Letter Response to DEIS Comments Regarding Market and Econometric Studies, April 9, 2019 and Market and Econometric Studies, CBRE, September 2017

Appendix G – Preliminary Engineering Report, Kodani & Associates Engineers, July 2017

Appendix H – Draft Final Traffic Impact Analysis Report, Austin, Tsutsumi & Associates, Inc., May 10, 2019

Appendix I – Hydrogeological Memorandum, Subject: Potential Impact of Additional Use of the Two Keālia Water System Wells to Supply the Keālia Mauka Homesites Project, Revised September 19, 2018, Tom Nance Water Resource Engineering

Appendix J – Draft Noise Measurement and Evaluation Report, CENSEO AV+Acoustics, October 19, 2018

Appendix K – Phase 1 Environmental Site Assessment, EnviroServices & Training Center LLC, September 2018

Appendix L – Letter from State of Hawai‘i Department of Transportation, Highways Division dated February 25, 2019, Confirming Kapa‘a Stream bridge will be able to accommodate eight-inch sewer force main.

Appendix M – Email from State of Hawai‘i Department of Education, Office of School Facilities and Support Services dated August 1, 2018. Confirming DOE will not request fair share contribution

Petitioner Correspondence to OEQC re: FEIS publication (7/11/19)

Petitioner Subpoena documents filed July 15, 2019 in PDF with regard to the above matter:

1. Petitioner Kealia Properties, LLC’s Motion for Issuance of Subpoena
2. Subpoena

Petitioner’s Notice of FEIS completion and “wet signature” for FEIS (7/17/19)