A13-797 CMBY 2011 INVESTMENT
Docket History
The Petition was deemed complete for processing on June 18, 2013. The Petition requested an amendment to the State Land Use District boundaries from the State Agricultural District to the State Urban District for approximately 86.03 acres in the District of Wailuku, County of Maui, State of Hawai`i, comprising Tax Map Key No. (2) 3-8-008:019.
The Petition Area is to be used as a heavy industrial site to be known as the Pu‘unene Heavy Industrial Subdivision. The land development plan calls for subdividing the Petition Area to provide up to 28 developable lots ranging in size from 0.5 acres to 20 acres. The Project will also provide related improvements to include grading, the construction of a drainage system and retention basin, internal roadways, utilities, a private water system and individual wastewater systems.
The Petition was approved by the Commission at its meetings on October 17, 2013 and November 22, 2013.
Petition Filing Deemed Complete as of June 18, 2013
Pre-Hearing Order (07/15/2013)
LUC DECISION & ORDER (11/22/2013)
Findings of Fact, Conclusions of Law, and Decision and Order
Agenda & Minutes
August 08, 2013 (Site Visit): Agenda | Meeting Minutes | Site Visit Minutes
September 5-6, 2013: Agenda | Minutes 09/05/13 | Minutes 09/06/13
Petition for State Land Use Boundary Amendment
- Exhibit 1 – Final Environmental Assessment
- Exhibit 2 – FEA Acceptance Letter Maui County dated 11/28/2012
- Exhibit 3 – Maui Island Plan Directed Growth Boundaries Maps
- Exhibit 4 – Notarized Landowner Authorization Letter
- Exhibit 5 – Petition Area TMK map
- Exhibit 6 – Warranty Deed
- Exhibit 7 – Title Report
- Exhibit 8 – Notification of Petition Filing
- Exhibit 9 – Early Consultation for Draft Environmental Assessment
- Exhibit 10 – Board of Land and Natural Resources (BLNR) Grant of Easement to CMBY dated 4/12/2013
- Exhibit 11 – CMBY Balance and Income Statements
Petitioner’s First List of Witnesses; First List of Exhibits, Exhibits 12-42; COS
- Exhibit 12-Resume of Phillip L. Bruner
- Exhibit 14- Resume of Robert W. Hodby
- Exhibit 16- Resume of Maya LeGrande
- Exhibit 18- Resume of Michael F. Dega
- Exhibit 20- Resume of Yoichi Ebisu
- Exhibit 22- Resume of Barry Neal
- Exhibit 24- Resume of John S. Vuich
- Exhibit 26- Resume of Glenn Kunihisa
- Exhibit 28-Resume of Stacy Otomo
- Exhibit 30- Resume of Phillip Rowell
- Exhibit 32- Resume of Charles Jencks
- Exhibit 34- Resume of Glenn Tadaki
- Exhibit 36- Resume of Tom Nance
- Exhibit 38- June 13, 2013 letter from A&B Properties, Inc. regarding field inspection of Petition Area
- Exhibit 39-Maui County Ordinance No. 3977
- Exhibit 40-Powerpoint presentation “Puunene Heavy Industrial Subdivision”
- Explanation to Errata for Exhibits 40,42; COS
- Exhibit 40 Errata-
- Exhibit 41-November 8, 2013 CWRM Well Construction and Pump Installation Permits
- Exhibit 42- Well Infrastructure Plan
- Exhibit 42 Errata
- Exhibit 13- Testimony of Philllip Bruner
- Exhibit 15- Testimony of Robert Hodby
- Exhibit 17- Testimony of Maya LeGrande
- Exhibit 19- Testimony of Michael Dega
- Exhibit 21- Testimony of Yoichi Ebisu
- Exhibit 23- Testimony of Barry Neal
- Exhibit 25- Testimony of John Vuich
- Exhibit 27- Testimony of Glenn Kunihisa
- Exhibit 29- Testimony of Stacy Otomo
- Exhibit 31- Testimony of Phillip Rowell
- Exhibit 33- Testimony of Charles Jencks
- Exhibit 35- Testimony of Glenn Tadaki
- Exhibit 37- Testimony of Tom Nance
Petitioner’s First Amended List of Witnesses, List of Rebuttal Exhibits; Exhibits 43-46; COS
- Exhibit 43- Land of Pulehunui Plat Map
- Exhibit 44- Topo Map showing stake points
- Exhibit 45- Puunene Heavy Industrial Subdivision Disposal Well Design
- Exhibit 46- Resume of Steve Dollar
List of Exhibits & Rebuttal Exhibits
First Amended List of Witnesses
Second Amended List of Exhibits
Exhibit 47- Testimony of Steve Dollar
Affidavit of Mailing of Notification of Petition Filing
Supplemental Certificate of Service
Notice of Hearing with Lt. Governor’s Office timestamp
Petitioner’s Proposed Findings of Fact; Conclusions of Law; Decision and Order
Planning Department, County of Maui, Position Statement for Docket No. A13-797 (pdf):
A13-797_CMBY_County Witness List-Exhibit List_filed 7-24-13
A13-797 CMBY County Witness List -Amendment#1 and Exhibit List Amendment #1 filed 8-19-13
Joinder of the Department of Planning, County of Maui, In Petitioner’s Proposed Findings
of Fact, Conclusions of Law, and Decision and Order dated September 20, 2013; COS
Maui County Correspondence
Copy of Letter from Maui Planning Dept. to Maui Subdivision Section- Dept of Public Works dtd 12/9/15
OP Statement of Position (pdf)
OP List of Witnesses; List of Exhibits; Exhibits1 and 3, COS (pdf)
Exhibit 1: Statement of Position
Exhibit 2: OP Written Testimony
Exhibit 3: Resume of Rodney Funakoshi
Exhibit 6: Map, Petition Are and Region
Exhibit 7: Letter from OP to Dept. of Health dtd August 6, 2013
Exhibit 8: Letter from State Dept. of Health, dtd August 13, 2013
Exhibit 9: Dept. of Health – Public Notification Procedures for New Drinking Water Sources, May 2009
OP’s Amended List of Witnesses, Amended List of Exhibis, Exhibits 2, 6, 7, and 8; COS
In accordance with the LUC Decision and Order (11/22/2013) Condition No. 22: The Petitioner shall provide annual reports to the Land Use Commission.
2014 Annual Report (11/21/14) County Comments (12/05/14)
2015 Annual Report (11/19/15) County Comments (12/24/15)
2016 Annual Report (11/21/16)
2017 Annual Report (11/07/17) County Comments (03/18/19)
2018 Annual Report (11/26/18) County Comments (03/29/19)
2019 Annual Report (11/19/19) County Comments (03/06/20)
2020 Annual Report (12/04/20)
2021 Annual Report (12/02/21) County Comments (12/15/21)
2022 Annual Report (11/07/22)
2023 Annual Report (11/17/23)
2024 Annual Report (08/30/24)