A15-798 Waikapu Properties, LLC, et al
STATUS
Petitioner Waikapu Properties, et.al., filed a petition with the Commission on April 16, 2015 for their project called Waikapu Country Town. The Commission heard Petitioner’s Motion asking the Commission to be the approving authority for an Environmental Impact Statement (EIS) and to go straight to preparation of an EIS document at its hearing on Maui on April 29, 2015. The Commission granted Petitioner’s Motion by Order dated May 1, 2015 (see below under LUC Notices and Orders). Petitioner filed a draft EIS (DEIS) with the State Office of Environmental Quality Control (OEQC) which was published on February 8, 2016. The public review and comment period for the DEIS ran until March 24, 2016 *(original deadline as published in February 8 OEQC Bulletin was March 28). The Public Comments section contains comments received during that time period. The draft Final EIS (FEIS) was published in the January 8, 2017 issue of the OEQC Bulletin; but you can access a complete copy in sections from the link below. The Commission accepted the FEIS on January 18, 2017 on Maui.
The Petitioner provided the Commission with an amended Petition that incorporated information contained within the accepted FEIS and any additional required information, and the Commission reviewed the application for completeness. The Petition was deemed a complete filing on June 9, 2017, and the Commission’s 365-day time period for making a decision has begun.
The Commission approved the Petition in February, 2018. Findings of Fact, Conclusions of Law, Decision and Order (2/26/18)
LUC “Petition deemed incomplete” letter to Petitioner (5/7/15)
Decision & Order Accepting Petitioner’s FEIS (01/20/17)
Pre-hearing Meeting Notices (8/2/17)
Findings of Fact, Conclusions of Law, Decision and Order, Exhibit A (Petitioner’s Revised Exhibit 12) Exhibit B (Petitioner’s Revised Exhibit 13) (2/26/18)
JAN 24 Petitioner’s Supplemental Proposed Findings of Fact, Conclusions of Law and Decision and Order (1/25/18 email – 1/29/18 hard copy)
Petitioner’s Second Supplemental Exhibit List, COS (1/4/18)
Petitioner’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (12/26/17)
Supplemental Exhibit List- Exhibits 36-49 submitted at LUC hearing on 12/6/17 on Maui
Petitioner’s Witness List (10/27/17) (*go to EXHIBITS to Amended Petition for links to Direct Witness Testimonies)
Petitioner’s Exhibit List (10/27/17)
Affidavit of Mailing of Notice of Filing of Amended Petition; Exhibits “1”-“3”; COS (7/25/17)
*Revised Exhibit 12 and Revised Exhibit 13 (11/2/17)
Exhibits 12 & 13 with metes and bounds descriptions signed and stamped by licensed surveyor (6/9/17)
Amended Petition for Land Use District Boundary Amendment filed May 1, 2017
EXHIBITS 1-50 to Amended Petition (*also click here for links to Direct Witness Testimonies)
Verification of Michael Atherton
Affidavit of Mailing, COS
Copy of Petitioner’s PowerPoint presentation used at LUC 1/18/17 meeting
Miscellaneous Correspondence and Informational material submitted with FEIS (12/23/16)
Petitioner’s draft Final EIS (12/23/16)
Petitioner Submittal Letter to OEQC of Draft EIS
Petitioner’s Draft Environmental Impact Statement (DEIS) published 2/8/2016
Environmental Impact Statement Preparation Notice (EISPN) filed 11/12/15
Part I EISPN Report
Part II EISPN Appendices
Petitioner’s Affidavit of Notice of Filing Petition. Exhibit 1-3, COS
OP Testimony in Support with Conditions; OP Exhibits 3, 4, 5, 6, 7, 8, 9, 10, and 11, COS (11/3/17)
OP Witness List and Exhibit List, COS (10/30/17)
A15-798 OP Position Statement, Exhibit 1, COS (8/4/17)
A15-798 Waikapu – OP’s Position Statement (7/7/17)
OP FEIS Comment Letter (pdf) (filed 1/17/17)
OP DEIS Comment Letter (pdf) (filed 03/28/16)
OP EISPN Comment Letter (filed 6/25/15)
County of Maui, Department of Planning’s Statement of No Opposition to Petitioners’ Motion filed 4-24-15
County of Maui, Department of Planning’s Statement of No Opposition to Petitioner’s Motion filed 4-30-15
A15-798 County Position Statement (8/4/17)
County of Maui List of Exhibits, Exhibit 3- Testimony of Will Spence- COS (11/2/17)
County of Maui’s Statement of No Opposition to Petitioner’s proposed FOF, COL, D&O (1/2/18)
County of Maui’s Comments to Petitioner’s Proposed FOF, COL, D&O dated 1/23/2018
STIPULATION BY PARTIES RE:FILING DATES; ORDER
Stipulation by Parties re: Filing Dates; Order (10/3/17)
LUC letter to OEQC Re: Publication of EIS in The Environmental Notice dated 5/11/15
LUC Correspondence to OEQC re: FEIS acceptance (1/23/17)
Written Public Testimony received at LUC meeting on Maui 12/6/17– Albert Perez
Written Public Testimony received at LUC meeting on Maui, 1/18/17– Richard “Dick” Mayer & Wallette Garcia Pellegrino (1/18/17)
EISPN Comment Letter dated 5/14/15
Comments rcvd 5/18/15
Comments rcvd 6/12/15
Comments rcvd 6/25/15 (DOH-Env. Planning, DOH-Maui Office, State Office of Planning)
Comment rcvd 7/1/15 (DOH-Wastewater)
DEIS Comment Letters
Maui Tomorrow (Al Perez)
SOH OEQC (Office of Environmental Quality Control) (pdf)
Dept. of Health- Wastewater Branch
Maui County Dept. of Housing and Human Concerns
SOH Department of Health- Maui District Health Office
State DOT Highways comments dated July 6, 2016
Additional State DOT comments (7/8/16)
April 29, 2015: Agenda | Minutes
January 18-19, 2017: Amended Agenda | Minutes 01/18/17
August 23, 2017 (Site Visit): Agenda | Minutes
December 06-07, 2017: Agenda | Minutes
January 24-25, 2018: Agenda | Minutes
2019 Annual Report (01/02/20)
2020 Annual Report (02/21/20) County Comments (03/05/20)
2021 Annual Report (05/27/21) County Comments (09/10/21)
2022 Annual Report (03/07/22) County Comments (03/24/22)