A11-791 HG Kaua`i Joint Venture LLC (fka Kapa`a Highlands Phase II)
On November 4, 2011, Three Stooges LLC filed a petition to reclassify approximately 97 acres of land from the State Agricultural District to the State Urban District in Kapa`a, island of Kaua`i. The project was identified as Kapa`a Highlands Phase II.
By motion filed on October 29, 2014, HG Kaua`i Joint Venture, LLC requested: recognition by the Land Use Commission of successor petitioner – HG Kaua`i Joint Venture, LLC to continue with the Petition; for the LUC to agree to be the accepting authority for Chapter 343, HRS, compliance; the LUC’s authorization to go direct to preparing an EIS preparation notice (EISPN); and, asking for a hearing on the matter. The LUC held a hearing on December 11, 2014 where it approved the applicant’s motion and directed that they proceed to filing an EISPN with the State Department of Health – Office of Environmental Quality Control (DOH-OEQC). Petitioner filed a Draft EIS (DEIS) for public review and comment until June 22, 2015. On March 19, 2018, Petitioner filed a “draft” Final EIS (FEIS) for review by the public, government agencies, and the Commission. On March 28, 2018, Petitioner filed a Notice of Withdrawal of Draft Final Environmental Impact Statement; COS. The Petitioner filed a 2nd Draft EIS on October 18, 2018 that was published in the OEQC Environmental Bulletin on November 8, 2018; the new 45-day comment period ended on December 24, 2018.
On November 22, 2019, the Petitioner filed a Final EIS with the Commission and it will be published in the OEQC Environmental Bulletin on November 23, 2019.
The Commission had a hearing on December 17, 2019 on Petitioner’s Final EIS. The Commission accepted the Final EIS as adequate on December 17, 2019 on Kaua`i.
The Petitioner has updated and resubmitted their Petition for LUC to review. The Petition was deemed a complete filing on September 18, 2020 and will be scheduled for hearing no sooner than 60 days and no later than 120 days from this date.
A hearing to hear the intervention request by Liko-o-kalani Martin was held on December 3, 2020 using Zoom video-conference technology. Public testimony was taken at the hearing.
Public hearings on the Petition were held throughout 2021 via Zoom video-conferencing technology. The Petitioner requested that the Petition be withdrawn in June 2021 and the LUC has issued an order accepting the Motion to Withdraw.
*Important Website Search information on this docket
Due to the lengthy history of this docket, activity for 2020 (after the acceptance of Petitioner’s FEIS) is posted on a separate page to facilitate searching the history of this docket. Please click on the link below to follow activity related to the HG Kauai Joint Venture, LLC Amended Petition for Land Use District Boundary Amendment. Note: 2020 Public Comments on this docket are in this webpage too.
August 2020 – A11-791 HG Kauai Joint Venture, LLC – Amended Petition For Land Use District Boundary Amendment
Final EIS (filed November 22, 2019)
2nd Draft EIS (filed October 18, 2018)
Notice of Withdrawal of Draft Final Environmental Impact Statement (filed March 28, 2018)
draft Final EIS (filed March 19, 2018) * A preliminary review by LUC staff identified several issues with the filing and the Petitioner voluntarily elected to withdraw the document, make corrections, do additional work, and resubmit in the future.
OEQC publication form (filed 4-27-15)
OEQC publication correspondence (filed 4-27-15)
EIS Volume I (filed 4-27-15)
EIS Volume II (filed 4-27-15)
Section V Comments & Responses to EISPN
A11-791 Motion to Substitute Petitioner, Designate the Land Use Commission as Approving Agency for Environmental Impact Statement, and Appearance of Counsel for Petitioner; Memorandum In Support of Motion; Affidavit of Theresa M. Roche; Exhibit A, COS
Petitioner’s Environmental Impact Statement Preparation Notice (EISPN) filed December 2014 (423 pages in sections)
Petitioner Discussion with DOT (Ray McCormick) on Planned Projects filed April 17, 2015 by e-mail
Petitioner Public Statements of Support on HoKua Place filed April 17, 2015 by e-mail
OP Comments on FEIS (12/13/19)
OP Comments on DEIS filed 6/17/15 (included in 6-17-15 comments)
OP Comments on EISPN filed 1/29/15
OP’s Statement of No Objection to HG Kauai Joint Venture LLC’s Motion to Substitute Petitioner, Designate the Land Use Commission as Approving Agency for the Environmental Impact Statement, and Appearance of Counsel for Petitioner, COS filed 11/25/14
County of Kaua`i No Position on HG Kaua`i Joint Venture, LLC Motion filed December 9, 2014
County of Kaua`i Comments on DEIS filed 6-22-15
Potential Intervenor Filings (Only Liko Martin filed a Petition to Intervene- His early 2020 filings are listed below. Please go to the AUGUST 2020 link above for the balance of 2020 filings)
Wailua-Kapa`a Neighborhood Association
Notice of Intent to Intervene filed April 18, 2011
Sierra Club Kaua`i Group of the Hawai`i Chapter
Notice of Intent to Intervene filed April 18, 2011
Notice of Intent to Intervene filed April 14, 2011
Petition to Intervene filed November 27, 2020
Notice of Appearance of Counsel; COS (12/14/2020)
Public Testimony in Ref to:
Land Use Commission, 2015 (Draft EA) filed Feb 5, 2021
Kaua’i Planning Commission, 2017 (General Plan Update) filed Feb 5, 2021
Kaua’i County Council, 2017 (General Plan Update) filed Feb 5, 2021
Land Use Commission, 2019 (Final EIS) filed Feb 5, 2021
Public Comments filed December 19, 2019
Bonnie Bator, Keana`aina Bator, Kaiokamalie Bator, Keliikoa Bator, and Kai Bator
Public Comments filed December 17, 2019
Marj Dente; and Michael Rosa
Public Comments filed December 16, 2019
Troy Melendez-Saraos; Megan Sen; and Steven Armstrong
Gabriela Taylor; and Noreen Dougherty
Post Withdrawal of draft FEIS Comments
Wailua-Kapaʻa Neighborhood Association e-filed July 9, 2018
OEQC Verification of Petitioner’s FEIS Distribution List filed November 18, 2019
LUC letter to OEQC 4-27-15
LUC Deemed Complete letter to Petitioner (9/18/2020)
LUC letter to Parties and Potential Intervenors re: Filing Schedule (11/10/2020- emailed to active email address, 11/12/2020- mailed correspondence)
Pre-Hearing Order (11-6/2020)