2019 Petition for Land Use District Boundary Amendment (A19-809 Pulama Lānaʻi)

Petition to Amend the Land Use District Boundaries of certain lands situated at Lānaʻi City, Island of Lānaʻi, consisting of approximately 200 acres from the Agricultural District to the Urban District. Tax Map Key No. (2) 4-9-002:061 (por) for an industrial park and other uses at Miki Basin.

The Petition was granted on March 28th, 2023, subject to 21 conditions. See the 2023 Decision and Order for more information.

LUC Notices and Orders Petitioner Filings Land Use Commission (LUC) Filings State Office of Planning & Sustainable Development (OPSD) Filings County of Maui Filings Public Comments Correspondence

LUC DECISION & ORDER (12/13/2019)
Order Determining (1) That the Land Use Commission Will Be the Approving Agency Pursuant to Chapter 343 HRS; and (2) That the Land Use Commission Anticipates a Finding of No Significant Impact; and Certificate of Service

LUC DECISION & ORDER (03/28/2023)
Findings of Fact, Conclusions of Law, and Decision and Order and Certificate of Service to Amend the Land Use District Boundaries

Agenda & Minutes

September 25 & 26, 2019: Agenda | Minutes 09/25/19 | Minutes 09/26/19

November 18, 2020: Agenda | Minutes | YouTube

February 16-17, 2022: Agenda | Minutes | YouTube 02/16 | YouTube 02/17

November 16, 2022: Agenda | Minutes | Transcripts | YouTube

February 8, 2023: Agenda |Minutes| YouTube 02/08

2019

Motion Requesting the LUC to be the Approved Agency for an EA; Memorandum in Support of Motion; COS (08/23/2019)

The Motion Requesting the Land Use Commission to be the Approved Agency for an Environmental Assessment; Memorandum in Support of Motion; COS (8/23/19) is broken into parts A-H to enable faster access to the various parts of the submitted materials. Please click on the appropriate alphabet to access the contents of that section.

A – Petitioner’s Motion Requesting the Land Use Commission to Be the Approving Agency for an Environmental Assessment; Memorandum in Support of Motion; Exhibit 1 – Draft Miki Basin Industrial Park Environmental Assessment – Report

B – Exhibit 1 – Draft Miki Basin Industrial Park Environmental Assessment – Exhibits Archaeology (partial)

C – Exhibit 1 – Draft Miki Basin Industrial Park Environmental Assessment – Exhibits Archaeology (partial)

D – Exhibit 1 – Draft Miki Basin Industrial Park Environmental Assessment – Exhibits Impacts on Ag Drainage Study (partial)

E – Exhibit 1 – Draft Miki Basin Industrial Park Environmental Assessment – Exhibits Drainage Study (partial)

F – Exhibit 1 – Draft Miki Basin Industrial Park Environmental Assessment – Exhibits Economic and Fiscal Impact

G – Exhibit 1 – Draft Miki Basin Industrial Park Environmental Assessment – Exhibits Environmental Site Assessment (partial)

H – Exhibit 1 – Draft Miki Basin Industrial Park Environmental Assessment – Exhibits Environmental Site Assessment (partial)

- Exhibit 2 Draft Petition

Errata to Petitioner’s Motion Requesting Land Use Commission to be the Approving Agency for an Environmental Assessment (09/04/2019)

Amended Motion Requesting Land Use Commission to be the Approving Agency for an Environmental Assessment and for Issuance of Anticipated Negative Declaration or Anticipated Finding of No Significant Impact (FONSI); Memorandum in Support of Petitioner’s Amended Motion and COS (09/06/2019)

Draft Environmental Assessment (11/13/2019)

Petitioner’s OEQC – DEA Posting info and DEA Map of Petition Area (11/25/19)

2020

Final Environmental Assessment 2020 (06/10/2020)

This 171 page file is the revised file for the Final Environmental Assessment 2020 (without appendices) filed on June 10, 2020 to replace the file below.

This 166 page file was replaced by the revised file above – this link is being kept active for record purposes only

Cover and Table of Contents

Chapter 1 – Introduction

Chapter 2 – Project Description

Chapter 3 – Environmental Assessment Alternatives

Chapter 4 – Environmental Setting, Impact & Mitigation

Chapter 5 – Laws, Regulations, Land Use Plans & Policies

Chapter 6 – Anticipated Determination, With Findings & Reasons Supporting

Chapter 7 – Agency & Public Participation

Chapter 8 – List of Preparers

Chapter 9 – References

Appendix Exhibits for the Miki Basin Industrial Park Final EA

Exhibit A – Archaeological Inventory Survey (AIS), Data Recovery Plan and Data Recovery Report (including Cultural Impact Analysis (CIA))

Revised Exhibit A (66 pages) (7/24/2020)

This Exhibit A was replaced by the exhibit above- this link is being kept active for record purposes only- (58 pages)

Part B

Exhibit B – Flora and Fauna Study Miki Basin 200 Acre Industrial Development

Exhibit C – Proposed Miki Basin Industrial Park: Impacts on Agriculture

Exhibit D – Miki Basin 200-Acre Industrial Drainage Study

Revised Exhibit E which updates Figures 2 and 3 on page 12 (6/10/2020)

This Exhibit E was replaced by the exhibit above and is being kept active for record keeping only

Exhibit F – Phase I Environmental Site Assessment

Part A

Part B

Exhibit G – Traffic Impact Analysis Report

Exhibit H – Miki Basin – Wastewater Master Plan

Exhibit I – Miki Basin Water Master Plan

Exhibit J – Pre-assessment Scoping Comments and Responses

Exhibit K – Draft EA Comments and Responses

Notice of Representation and Notice of Submission (9/11/20)

Motion to Issue Notice of a Finding of No Significant Impact (10/30/20)

2021

2nd Draft Environmental Assessment (11/17/2021)

2^nd Draft EA File 1

Cover

Table of Contents

Executive Summary

List of Acronyms

Summary of Existing Conditions and Potential Impacts and Mitigation Measures

Chapter I – Project Overview

Chapter II – Description of Existing Environment, Potential Impacts, and Mitigation Measures

Chapter III – Relationship to Government Plans, Policies, and Controls

Chapter IV – Unavoidable Adverse Environmental Effects and Irreversible and Irretrievable Commitments of Resources

Chapter V – Alternatives to Proposed Action

Chapter VI – Significance Criteria Assessment

Chapter VII – List of Permits and Approvals

2^nd Draft EA File 2

Chapter VIII (w/Pre-consultation Comments Received Prior to the Publication of the November 23, 2019, Draft EA and Responses Provided) [pages 125-147]

2^nd Draft EA File 3

Chapter VIII (November 23, 2019, Draft EA Comments and Responses) [pages 148-167]

Chapter IX – References

Appendix A – Market Assessment

2^nd Draft EA File 4

Appendix B – Impacts on Agriculture Report

2^nd Draft EA File 5

Appendix C – Flora and Fauna Study

2^nd Draft EA File 6

Appendix D-1 – Archaeological Inventory Survey [pages 213-235]

2^nd Draft EA File 7

Appendix D-1 (continued) [pages 236-253]

2^nd Draft EA File 8

Appendix D-1 (continued) [pages 254-268]

Appendix D-2 – Archaeological Inventory Survey SHPD Acceptance Letter

Appendix D-3 – Support Documentation on Cultural Impact Assessment

2^nd Draft EA File 9

Appendix E – Phase I Environmental Site Assessment pages 289-302

2^nd Draft EA File 10

Appendix E (continued) [pages 303-336]

2^nd Draft EA File 11

Appendix E (continued) [pages 337-361]

2^nd Draft EA File 12

Appendix E (continued) [pages 362-390]

2^nd Draft EA File 13

Appendix F – Economic, Population and Fiscal Impacts Report

Appendix G – Traffic Impact Analysis Report (TIAR)

Appendix H-1 – Water Master Plan

Appendix H-2 – New Well Supply Alternatives

Appendix I – Wastewater Master Plan

2^nd Draft EA File 14

Appendix J – Drainage Report [pages 473-477]

2^nd Draft EA File 15

Appendix J (continued) [pages 478]

2^nd Draft EA File 16

Appendix J (continued) [pages 479-496]

Appendix K-1 Hawai`i State Plan

Appendix K-2 Countywide Policy Plan

2^nd Draft EA Letter to Reviewing Agency and Agency Distribution List (11/24/2021)

2022

Final Environmental Assessment (02/07/22)

File 1

Cover (pages 1-2)

Table of Contents (pages 3-6)

Executive Summary (pages7-9)

Summary of Existing Conditions and Potential Impacts and Mitigation Measures (pages 12-22)

Chapter I Project Overview (pages 23-31)

Chapter II Description of the Existing Environment, Potential Impacts, and Mitigation Measures (pages 32-74)

Chapter III Relationship to Governmental Plans, Policies, and Controls (pages 75-112)

Chapter IV Unavoidable Adverse Environmental Effects and Irreversible and Irretrievable Commitments of Resources (pages 113-115)

Chapter V Alternatives to the Proposed Action (pages 116-118)

Chapter VI Significance Criteria Assessment (pages 119-124)

Chapter VII List of Permits and Approvals (pages 125-126)

Chapter VIII Parties Consulted During Preparation of DEA, Letters Received and Responses to Substantive Comments (pages 127-129)

File 2

Chapter VIII (w/Pre-consultation Comments Received Prior to the Publication of the November 23, 2019, Draft EA and Responses Provided) (pages 130-149)

File 3

Chapter VIII (November 23, 2019, Draft EA Comments and Responses) (pages 150-169)

File 4

Chapter IX Parties Consulted During 30-Day Comment Period for 2nd DEA, Letters Received and Responses to Substantive Comments (pages 170-218)

File 5

Chapter IX (continued pages 219-277)

Chapter X References (pages 278-279)

File 6

Appendix A – Market Assessment (pages 280-294)

Appendix B – Impacts on Agriculture Report (pages 295-313)

File 7

Appendix C – Flora and Fauna Study (pages 314-322)

File 8

Appendix D-1 – Archaeological Inventory Survey (“AIS”) (pages 323-347)

File 9

Appendix D-1 (continued pages 348-363)

File 10

Appendix D-1 (continued pages 364-378)

File 11

Appendix D-2 – State Historic Preservation Division AIS Acceptance Letter (pages 379-381)

Appendix D-3 – Archaeological Data Recovery Plan and Data Recovery Report (pages 382-404)

Appendix D-4 – Supporting Documentation on Cultural Impact Assessment (“CIA”) Requirement (pages 405-421)

File 12

Appendix E – Phase I Environmental Site Assessment (pages 422-453)

File 13

Appendix E (continued pages 454-481)

File 14

Appendix E (continued pages 482-500)

File 15

Appendix E (continued pages 501-523)

File 16

Appendix F – Economic, Population, and Fiscal Impacts Report (pages 524-543)

Appendix G – Traffic Impact Analysis Report (pages 544-567)

Appendix H-1 – Water Master Plan (pages 568-586)

Appendix H-2 – New Well Supply Alternatives for the Manele Bay Water System, Public Water System No. 238 (pages 587-598)

Appendix I – Wastewater Master Plan (pages 599-605)

Appendix J – Drainage Report (pages 606-609)

File 17

Appendix J (continued pages 610)

File 18

Appendix J (continued pages 611)

File 19

Appendix J (continued pages 612-629)

Appendix K-1 – Hawai’i State Plan – Assessment of Project Applicability to Goals, Objectives, and Policies (pages 630-645)

Appendix K-2 – Countywide Policy Plan – Assessment of Project Applicability to Goals, Objectives and Policies (pages 646-662)

Petitioner’s Motion to Issue Notice of a Finding of No Significant Impact, Exhibit 1 and COS (02/04/22)

Notification of Petition Filing (06/07/22)

Petition for Land Use District Boundary Amendment (06/07/2022)

Petition for Land Use District Boundary Amendment
Table of Contents
Exhibit 1: Map of Petition Area
Exhibit 2: FEA-FONSI (Part 1, Part 2, Part 3 ,Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10, Part 11, Part 12, Part 13, Part 14, Part 15)
Exhibit 3-6: Tax Map Key Map, Land Ownership Documents, Notification of Petition Filing, Survey of Petition Area
Exhibit 7-9: Conceptual Master Plan, SHPD Letter, Private Financing Letter and Financing Statement
Exhibit 10: Countywide Policy Plan
Exhibit 11: Lanai Community Plan (Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10)
Exhibit 12: Written Testimonies (Part 1, Part 2, Part 3)

Updated map for the Miki Basin DBA (7/20/2022)

Changes in this map include:

- Update to TMK (2) 4-9-002:119
  - Recently issued TMK for subdivided parcel (20 acres)
  - Original map sent to LUC did not include the TMK
- Update the SLUD for TMK (2) 4-9-002:119
  - It was identified as Agriculture in error
  - Update includes the correct SLUD = Urban

Notice of Hearing; COS (10/21/2022)

Petitioners Exhibit List; COS (10/24/2022) Link to Appendices