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  The Petitioner requested that the Petition be withdrawn in June 2021 and the LUC has issued an order accepting the Motion to Withdraw.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


Petitioner FilingState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Kaua`i FilingsPotential Intervenor FilingsIntervenor Martin FilingsPublic CommentsCorrespondenceLUC Notices and OrdersLUC Agenda & Minutes

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 I

Section II

Section III

Section IV

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

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

Likookalani Martin

Notice of Intent to Intervene filed April 14, 2011

Petition to Intervene filed November 27, 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

Written testimony submitted at LUC DEC 17, 2019 meeting

Gabriela Taylor; and Noreen Dougherty

Final EIS Public Comments

EISPN Public Comments

DEIS Public Comments


Post Withdrawal of draft FEIS Comments

Wailua-Kapaʻa Neighborhood Association e-filed July 9, 2018

DEIS #2 Public Comments

OEQC Verification of Petitioner’s FEIS Distribution List filed November 18, 2019

December 10, 2014: Agenda  |  Minutes

December 17, 2019: Agenda  |  Minutes

December 03, 2020: Agenda  |  Minutes

January 06-07, 2021: Agenda  |  Minutes

March 10-11, 2021: Agenda  |  Minutes

March 24-25, 2021: Agenda  |  Minutes

April 14-15, 2021: Agenda  |  Minutes

May 12-13, 2021: Agenda  |  Minutes

June 09-10, 2021: Agenda  |  Minutes