Land Use Commission

BACKGROUND

The Petitioners seek to amend the Land Use District Boundaries of certain lands consisting of approximately 0.51 acres, situated at Keaau, Puna, County and State of Hawaii, currently identified by TMK No. (3) 1-5-059:059 from the State Land Use (SLU) Conservation District to the SLC Agricultural District to allow for the development of a dwelling, related agricultural uses, and other accessory uses and improvements.

STATUS

Petitioner’s (Barry Trust) filed a petition on December 19, 2018.  After staff review the petition was deemed incomplete pending compliance with HRS Chapter 343 requirements and other deficiencies in the application.  Concurrent with the filing of this Petition, Petitioners also filed a Motion Requesting the Commission to be the Approving (Accepting) Agency for an Environmental Assessment (“EA Motion”). Through the EA Motion, Petitioners requested that the Commission be the Accepting Agency to determine the acceptability of an Environmental Assessment (“EA”) that Petitioners shall prepare to assess the environmental effects of the proposed District Boundary Amendment.   At a hearing held on January 23, 2019 in Hilo, Hawai`i, the LUC determined it would be the accepting agency for an EA.  The Petitioner were directed to begin preparations to assess the environmental effects of its proposed District Boundary Amendment.  At a meeting held on August 29, 2019, the LUC found that an anticipated Finding of No Significant Impact was warranted and directed Petitioners to file a notice along with a Draft Environmental Assessment with OEQC.  A draft EA was published in the October 23, 2019 OEQC Environmental Notice and then republished on November 8, 2019.  The LUC held a hearing on June 25, 2020 using video-conferencing technology and made the determination of a Finding of No Significant Impact (“FONSI”) for the  Petitioner’s Final Environmental Assessment (“FEA”).

 

PETITIONER’S FILINGS

• Affidavit of Derek Simon, Exhibits A-E, COS (2/23/2021)
• Petitioners’ Exhibit List, COS (02/19/21)
• Petitioners’ Witness List, COS (02/19/21)
• Petitioners’ Memorandum Re: Petitioners’ Motion for Issuance of Anticipated Negative Declaration or Anticipated Finding of No Significant Impact (8/23/19)
• Petitioner’s Motion for Issuance of Anticipated Negative Declaration or Anticipated Findings of No Significant Impact; Memorandum in Support of Motion; Declaration of Derek B. Simon; Exhibits 1-2, COS (7/26/19) *  This Motion’s file is broken into the 3 parts listed below.  Please click on each separate link to access the information listed.
• 1.Petitioners’ Motion for Issuance of Anticipated Negative Declaration or Anticipated Finding of No Significant Impact; Exhibit 1 – Petitioner’s Memorandum re Chapter 343; Exhibit 2 – Petitioner’s Preliminary Draft Environment Assessment (to page 41)
• 2. Appendix 1a: Early Consultation Letters and Applicant Responses; Appendix 2
• 3. Appendix 2 (cont); Appendix 3: General Botanical Survey and Vertebrae Fauna Assessment, Barry Property, Hawaiian Paradise Park, Island of Hawaii by Ron Terry, Ph.D; Appendix 4: June 10, 2018 Letter to Susan Lebo, Ph.D. from ASM affiliates; Appendix 5: July 2019 ASM affiliates Ka Pa`akai Analysis
• Petitioner’s Memo re Chapter 343 Significance Criteria (7/16/19)
• Petitioner’s Early Consultation Request (2/28/19)
• Petitioner’s Early Consultation Letter List (1/31/19)
• Petition filed on December 19, 2018
• Petitioner’s Motion Requesting the Land Use Commission to be the Approving Authority for an Environmental Assessment; COS (12/20/18)
• • Petitioner’s Filed Amended Affidavit of Derek. B. Simon attesting to Service of Petition, (12/21/18)
  • Filed Amended Certificate of Service re Motion (12/21/18) and
  • Filed Amended Certificate of service re Petition (12/21/18)
• Petitioner’s OEQC Applicant Publication Form (10/29/19)
• Petitioner’s Environmental Assessment Part 1 (10/29/19)
• Petitioner’s Environmental Assessment Part 2 (10/29/19)

Petitioners’ Motion for Issuance of Negative Declaration or Finding of No Significant Impact

INDEX / TABLE OF CONTENT

Section                                                                                             

1.     Petitioners’ Motion for Issuance of Negative Declaration or Finding of No Significant Impact and Memorandum in Support of Motion

2.  2 – Exhibit 1 – Final Environmental Assessment Barry Family Proj

3.     Appendix 1

4.     Appendix 2

5.     Appendix 3

6.     Appendix 4

7.     Appendix 5

8.     Certificate of Service

• A18-806 PETITION FOR LAND USE DISTRICT BOUNDARY AMENDMENT; Affidavit of Derek B. Simon, Petitioner’s Exhibits “1”=”18″, Verification of Monica S. Barry; Affidavit of Derek B. Simon Attesting to Service of Petition; Affidavit of Derek B. Simon Attesting to Mailing of the Notification of Petition Filing; Certificate of Service (Click on this Link for all Petition for DBA info)

 

 

COUNTY

• Planning Director, County of Hawai`i Response to Petitioner’s Amended Petition; COS (2/23/2021)
• County of Hawai`i Planning Department’s Response to Petitioner Kevin M. Barry and Monica S. Barry, Trustees of the Barry Family Trust’s Motion Requesting the Land Use Commission be the Approving Agency  for an Environmental Assessment; COS (1/14/19)

OP

• OP Exhibit 1- DOFAW Memorandum (02/24/2021)
• OP Testimony in Support of the Petition with Conditions (02/23/21)
• OP Comments on DEIS & FONSI (12/16/19)
• OP Response to Petitioner’s Motion Requesting LUC to be the Approving Agency for an Environmental Assessment (12/29/18)

CORRESPONDENCE

• LUC transmitted a) determination or notice of a FONSI b) Final Environmental Assessment with necessary material for next publication of Environmental Notice to OEQC (6/30/2020)
• LUC Resubmittal Letter to OEQC transmitting the draft environmental assessment for publication in Environmental Notice (11/1/19)
• LUC Letter to OEQC transmitting the draft environmental assessment for publication in Environmental Notice (10/11/19)
• Draft EA comment letter from State Office of Planning (“OP”) (4/2/19)
• Draft EA comment letter from DLNR-OCCL (3/7/19)
• LUC acknowledgement receipt and comments to Petitioner (1/10/19)

NOTICES AND ORDERS