A17-804 HAWAIIAN MEMORIAL LIFE PLAN, LTD.

Upcoming Virtual Zoom Hearing

To attend the upcoming virtual hearing please register at the following url below.  You will be asked for your name, email, and some follow up questions.  After registering, you will receive a confirmation email containing information about and a link for joining the webinar.  Please answer the questions provided particularly if you wish to provide oral testimony or are an expert witness for one of the parties.


When: September 23-24, 2020 09:00 AM Hawaii

Topic: LUC Hearing

Register in advance for this webinar:

Wednesday Sept. 23, 2020 Registration link

https://us02web.zoom.us/webinar/register/WN_qSSEfTy4QgOMdFw6x09-EA

Thursday Sept. 24, 2020 Registration link

https://us02web.zoom.us/webinar/register/WN_N1zx6dDkS_W7iq0j_ybCvQ

 


 


Background

Hawaiian Memorial Life Plan, Ltd. (“Petitioner”) is requesting to amend the boundaries of the State Land Use Conservation District into the State Urban District for approximately 53.449 acres of land at Kāne’ohe, Island of O’ahu, State of Hawai’i covering Tax Map Key No. (1)-4-5-033: por. 001.  The proposed reclassification is to allow the expansion of the cemetery area, creation of a cultural preserve, internal roadways, and open space area. The proposed expansion 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 its Petition with the Commission on Monday November 13, 2017.  The Petition was reviewed by staff and was deemed incomplete until the Chapter 343, HRS, environmental review process had been completed and Petitioner filed an amended Petition.

Petitioner also filed on November 13, 2017, Petitioner’s Motion to Designate the Land Use Commission as Approving Authority for Environmental Statement Under Chapter 343, HRS, and for Authority to Prepare an Environmental Impact Statement Preparation Notice (“EISPN”).  The Commission held a hearing on this request on November 21, 2017 in Honolulu, Hawai’i.  The Commission agreed to be the reviewing and accepting agency for Petitioner’s Chapter 343, HRS, compliance; identified that the project as proposed would likely have significant environmental impacts requiring that an EIS would be required, and directed the Petitioner to prepare and file an EISPN with the State Office of Environmental Quality Control (OEQC) that will begin the public review process for this proposed project.

On August 30, 2018, Petitioner simultaneously filed its Draft EIS (“DEIS”) with the State OEQC and the Commission for publication in the next Environmental Notice.

On April 1, 2019, Petitioner simultaneously filed its Final EIS (“FEIS”) with the State OEQC and the Commission for publication in the next Environmental Notice.  This began a 30-day period for public review and LUC action.  (The Petitioner’s FEIS can be accessed below from the link under Petitioner Filings – Petitioner’s Final EIS).

On October 10, 2019, Intervenor Hui O Pikoiloa filed their Petition to Intervene.

On November 21, 2019, the Commission granted Hui O Pikoiloa petition to intervene and become a party to the proceedings.

The Commission began a hearing on this docket for January 22, 2020.  Due to the current world-wide health crisis, the Commission suspended action till holding a videoconference meeting on May 6, 2020 to extend decision-making for an additional 90 days.

On June 9-10, 2020 the Commission continued the hearing on this docket.  The hearing was conducted using virtual conference technology and the Zoom Webinar platform.

On July 22-23, 2020, and August 12, 2020 the Commission continued the hearing on this docket via virtual conference technology and the Zoom Webinar platform and concluded the evidentiary hearing portion of the proceedings on August 12th .

Closing arguments are scheduled for September 23-24, 2020 via virtual conference technology and the Zoom Webinar platform.

The  hearing registration form and link can be accessed above in the opening section.

Please check the Commission calendar for further scheduling and agenda.

Stipulated Agreement for Motion to Extend Time for Decision-Making An Additional Ninety Days- Petitioner, OP and Intervenor signatures (4/20/2020)

Stipulated Agreement for Motion to Extend Time for Decision-Making An Additional Ninety Days- All Parties signed (DPP submitted via email 4/29/2020)

Petitioner Filings

Petition Documents

Certificate of Service to Include HUI O PIKOILOA (12/13/17)

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 November 13, 2017

Petition for Land Use District Boundary Amendment and Exhibits 1 – 5 filed November 13, 2017

Petition

Exhibit 1 – Regional Location Map

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

Petitioner’s Description Parcel 1 (Conservation to Urban) Dated 10/26/17 (rcvd 11/14/17)

State Land Use Urban Boundary Affecting Lot 1 TMK (1) 4-5-033:001 Dated 10/26/17 (rcvd 11/14/17)

Exhibit 3 – Land Tax Key Plat Map

Exhibit 4 – Property Title Report

Exhibit 5 – Hawaii Memorial Park Expansion Project EISPN plus Public Notice & Certificate of Service

Pages 1 to 1-7 , 1-8 to  2-4, 2-5 to 3-5, 3-6 to 3-14, 3-15 to 4-3, 5-1 to 6-2, 6-3 to 8-2

Affidavit of Service, Affidavit of Sending of Notice, COS

Petitioner’s Draft EIS

8/30/18 -DEIS Transmittal Letter

Petitioner’s Draft Environmental Impact Statement (“DEIS”) filed August 30, 2018

Public Comments received by LUC on DEIS

Petitioner’s Final EIS (Exhibit 6)

Petitioner’s First Amendment to Petition for Land Use District Boundary Amendment filed May 10, 2019 (Exhibit 6-7 attached)

Petitioner’s Supplemental Affidavit of Sending First Amendment Notification of Petitioner Filing and COS (5/13/19)

Petitioner’s Second Amendment to Petition for Land Use District Boundary Amendment filed June 19, 2019 (Exhibits 8, 9 and 10 attached)

Petitioner’s Memorandum re: Petition to Intervene; COS (10/22/19)

AFFIDAVIT OF SERVICE RE: NOTICE OF HEARING, Exhibits “A”-“D”. COS (10/22/19)

Petitioner’s Additional Filings of List of Witnesses, Exhibits 23-43, Amended Lists, List of Rebuttal Witnesses, List of Rebuttal Exhibits, Exhibits 44-53

Petitioner’s List of Witnesses and Exhibits filed December 9, 2019

Petitioner’s First Amended  List of Exhibits, Exhibits 23-43 (Exhibit 30 is a separate book with Vol. 1 and Vol. 2 of Petition forms (12/23/19) 

Petitioner’s List of Rebuttal Witnesses, List of Rebuttal Exhibits, Exhibits 44-53,and COS (1/6/2020)

Petitioner’s- 1)Supplemental List of Exhibits and 2) Exhibits 54-58 (5/6/2020)

 

Petitioner’s Second Supplemental List of Exhibits and Exhibit 59; COS (6/8/2020)

Petitioner Filings – June 19, 2020 (6/19/2020)

 

Petitioner’s Proposed Findings of Fact, Conclusions of Law and Decision and Orde(8/26/2020)

 

Petitioner’s Objections to Intervenor’s Findings of Fact, Conclusions of Law and Decision and Order (9/4/2020)

Petitioner’s Rebuttal To Intervenors’ Comments And Objections To Findings Of Fact, Conclusions Of Law And Decision And Order, Filed September 4, 2020 (9/9/2020)

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State Office of Planning Filings

OP’s Comment on 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 PREPARATION NOTICE (11/16 /17)

OP’s Draft Environmental Impact Statement Comments (10/22/18)

OP’s Final Environmental Impact Statement Comments (4/11/19)

OP’s Statement of Position, COS (8/21/19)

OP’s Witness List filed December 9, 2019

OP’s Exhibit List filed December 9, 2019

A17-804-OP Testimony.and Exhibits (12/23/19)

A17-804 OP First Amended List of Exhibits (1/22/2020)

COS (6/3/2020)

2nd amended Exhibit List (6/3/2020)

Exh 9 (6/3/2020)

Exh 10 (6/3/2020)

OP advised the LUC via a telecon that it would not be filing a Proposed Findings of Fact, Conclusions of Law and Decision and Order (8/26/2020)

OP filed OP’s Stipulation and Comments to Petitioner’s Proposed Findings of Fact, Conclusions of Law and Decision and Order for a District Boundary Amendment (9/3/2020)

 

City and County of Honolulu Department of Planning and Permitting (“DPP”) Filings

County’s Position Statement and Witness List filed December 9, 2019

County’s Witness – Kathy Sokugawa, Acting Director of DPP

Written Testimony- Kathy Sokugawa   & Exhibit- Ko`olau Poko Sustainable Communities Plan (12/23/19)

DPP’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (8/26/2020)

DPP email Notice that it was not filing objections to Intervenor’s Proposed Findings of Fact, Conclusions of Lawand Decision and Order and deferred to Petitioner. (9/4/2020)

 

Intervenor Filings

Hui O Pikiloa – Petition to Intervene (10/10/19)

Notice of Intent to Intervene (12/11/17) filed by Hui O Pikoiloa

Position Statement filed December 9, 2019

Witness List filed December 9, 2019

Exhibit List filed December 9, 2019

Exhibit 1  Petition to Save Kaneohe Conservation Land from Graveyard Expansion

Exhibit 2  Petition to STOP Hawaiian Memorial Park Expansion

Exhibit 3  Dr. Dana L. Alden – Curriculum Vitae

Exhibit 4  Winston Welch – Resume

Exhibit 5  Nathan Yuen – Resume

Exhibit 6  Dr. Steven Businger – Curriculum Vitae

Exhibit 7  Councilmember Kim Pine Letter dated September 4, 2019

Exhibit 8  DLNR-DOFAW comments on DEIS dated October 31, 2018

Exhibit 9  Dr. M. Lee Goff – Curriculum Vitae

Exhibit 10 Federal Register dated September 18, 2012 re:  Hawaiian Damselfly listing

Exhibit 11 John L. Higham, C.E. – Resume

Exhibit 12 Hawaii Business News article The Cost of Dying dated October 31, 2015

Exhibit 13 MoneyWatch article “A Buried Problem at Country’s Top Funeral Home Chain?” dated March 6, 2017

Exhibit 14 Kenneth Middleton – Resume

Intervenor Hui O Pikoiloa Witness List and Witness Written Direct Testimony (12-23-19)

Intervenor Rebuttal Revised Witness Testimony #3, COS (1/6/2020)

Intervenor’s Amended List of Exhibits, Exhibit 15, COS (6/8/2020)

Intervenor’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (8/26/2020)

A17-804 Intervenor Comments and Objections to Proposed FOFCOLD&O (9-4-2020)

A17-804 Intervenor’s Comments on Objections (9/9/2020)

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Public Comment Filings

 

Notices & Orders by the Commission

LUC notice deeming Petition incomplete 11/20/17

LUC request to OEQC for Publication in The Environmental Notice (11/30/17)

Notice of Hearing- November 21, 2019 (Lt. Governor filing) (10/15/19)

Notice of Hearing- November 21, 2019 (with LUC) (10/15/19)

LUC 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; and Certificate of Service dated November 30, 2017

LUC ORDER– Findings of Fact-Conclusions of Law-Decision and Order Accepting Petitioner’s Final Environmental Impact Statement (4/26/17)

4/26/19- LUC correspondence mailed to OEQC  including notice of LUC acceptance of FEIS for the subject property and a copy of the Commission’s Decision and Order and hard copy of OEQC Publication

LUC Notification of proper filing sent to Petitioner (7/17/19)

LUC ORDER GRANTING HUI O PIKOILOA PETITION TO INTERVENE IN HAWAIIAN MEMORIAL LIFE PLAN, LTD.’S PETITION FOR LAND USE DISTRICT BOUNDARY AMENDMENT (12/13/19)

LUC Pre-hearing order to Parties and Intervenor (12/3/19)

Notice of Hearing- January 22,2020 (1/14/2020)