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)

Post-Decision ActionsLUC Decision & OrdersPetitioner FilingState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Maui FilingsStipulationCorrespondencePublic CommentsLUC Agenda & MinutesAnnual Reports

2021 Motion for Modification

2022 Motion to Amend Conditions 1, 4 and 8(b) of Decision and Order

ORDER DETERMINING (1) THAT THE LAND USE COMMISSION AGREES TO BE THE ACCEPTING AUTHORITY PURSUANT TO CHAPTER 343, HAWAI`I REVISED STATUTES; AND (2) THAT THE PROPOSED ACTION MAY HAVE A SIGNIFICANT IMPACT UPON THE ENVIRONMENT TO WARRANT PROCEEDING DIRECTLY TO THE PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT (5/01/15)

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)

Order Granting Motion for Modification of Condition 8(b) of Decision and Order filed on February 26, 2018 (3/8/22)

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