A17-804 HAWAIIAN MEMORIAL LIFE PLAN, LTD.
Background
Hawaiian Memorial Life Plan, Ltd. (“Petitioner”) is requesting to amend the boundaries of the State Land Use Conservation District into the State Urban District for approximately 53.449 acres of land at Kāne’ohe, Island of O’ahu, State of Hawai’i covering Tax Map Key No. (1)-4-5-033: por. 001. The proposed reclassification is to allow the expansion of the cemetery area, creation of a cultural preserve, internal roadways, and open space area. The proposed expansion will require the use of state or county lands, including public roadways that will trigger an environmental assessment under Section 343-5(a)(1), Hawai`i Revised Statutes (HRS).
Status- Completed hearing and Decision and Order issued 10/13/2020
Petitioner filed its Petition with the Commission on Monday November 13, 2017. The Petition was reviewed by staff and was deemed incomplete until the Chapter 343, HRS, environmental review process had been completed and Petitioner filed an amended Petition.
Petitioner also filed on November 13, 2017, Petitioner’s Motion to Designate the Land Use Commission as Approving Authority for Environmental Statement Under Chapter 343, HRS, and for Authority to Prepare an Environmental Impact Statement Preparation Notice (“EISPN”). The Commission held a hearing on this request on November 21, 2017 in Honolulu, Hawai’i. The Commission agreed to be the reviewing and accepting agency for Petitioner’s Chapter 343, HRS, compliance; identified that the project as proposed would likely have significant environmental impacts requiring that an EIS would be required, and directed the Petitioner to prepare and file an EISPN with the State Office of Environmental Quality Control (OEQC) that will begin the public review process for this proposed project.
On August 30, 2018, Petitioner simultaneously filed its Draft EIS (“DEIS”) with the State OEQC and the Commission for publication in the next Environmental Notice.
On April 1, 2019, Petitioner simultaneously filed its Final EIS (“FEIS”) with the State OEQC and the Commission for publication in the next Environmental Notice. This began a 30-day period for public review and LUC action. (The Petitioner’s FEIS can be accessed below from the link under Petitioner Filings – Petitioner’s Final EIS).
On October 10, 2019, Intervenor Hui O Pikoiloa filed their Petition to Intervene.
On November 21, 2019, the Commission granted Hui O Pikoiloa petition to intervene and become a party to the proceedings.
The Commission began a hearing on this docket for January 22, 2020. Due to the current world-wide health crisis, the Commission suspended action till holding a videoconference meeting on May 6, 2020 to extend decision-making for an additional 90 days.
On June 9-10, 2020 the Commission continued the hearing on this docket. The hearing was conducted using virtual conference technology and the Zoom Webinar platform.
On July 22-23, 2020, and August 12, 2020 the Commission continued the hearing on this docket via virtual conference technology and the Zoom Webinar platform and concluded the evidentiary hearing portion of the proceedings on August 12th .
Closing arguments were scheduled for September 23-24, 2020 via virtual conference technology and the Zoom Webinar platform and the Findings of Fact, Conclusions of Law and Decision and Order for this docket was issued and mailed to the Parties on October 13, 2020.
Stipulated Agreement for Motion to Extend Time for Decision-Making An Additional Ninety Days – All Parties signed (DPP submitted via email 4/29/2020)
Decision & Orders
LUC 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; and Certificate of Service (11/30/17)
LUC ORDER Findings of Fact-Conclusions of Law-Decision and Order Accepting Petitioner’s Final Environmental Impact Statement (4/26/17)
LUC ORDER Granting Hui O Pikoiloa Petition to Intervene in Hawaiian Memorial Life Plan, Ltd.’s Petition for Land Use District Boundary Amendment (12/13/19)
LUC Pre-hearing order to Parties and Intervenor (12/03/19)
Findings of Fact, Conclusions of Law and Decision and Order (10/13/2020)
Notices
Notice of Hearing- November 21, 2019 (Lt. Governor filing) (10/15/19)
Notice of Hearing- November 21, 2019 (with LUC) (10/15/19)
LUC Notification of proper filing sent to Petitioner (7/17/19)
Notice of Hearing- January 22,2020 (01/14/2020)
Notice of Imposition of Conditions (12/4/2020)
Certificate of Service to Include HUI O PIKOILOA (12/13/17)
Petition for Land Use District Boundary Amendment and Exhibits 1-5 (filed November 13, 2017)
Exhibit 1 – Regional Location Map
Exhibit 2 – Land Tax Key Parcel Description and Metes and Bounds Map
Petitioner’s Description Parcel 1 (Conservation to Urban) Dated 10/26/17 (rcvd 11/14/17)
State Land Use Urban Boundary Affecting Lot 1 TMK (1) 4-5-033:001 Dated 10/26/17 (rcvd 11/14/17)
Exhibit 3 – Land Tax Key Plat Map
Exhibit 4 – Property Title Report
Exhibit 5 – Hawaii Memorial Park Expansion Project EISPN plus Public Notice & Certificate of Service
Pages 1 to 1-7 , 1-8 to 2-4, 2-5 to 3-5, 3-6 to 3-14, 3-15 to 4-3, 5-1 to 6-2, 6-3 to 8-2
Affidavit of Service, Affidavit of Sending of Notice, COS
Petitioner’s Draft EIS
8/30/18 -DEIS Transmittal Letter
Petitioner’s Draft Environmental Impact Statement (“DEIS”) filed August 30, 2018
Public Comments received by LUC on DEIS
Petitioner’s Final EIS (Exhibit 6)
Petitioner’s First Amendment to Petition for Land Use District Boundary Amendment filed May 10, 2019 (Exhibit 6-7 attached)
Petitioner’s Second Amendment to Petition for Land Use District Boundary Amendment filed June 19, 2019 (Exhibits 8, 9 and 10 attached)
Petitioner’s Memorandum re: Petition to Intervene; COS (10/22/19)
AFFIDAVIT OF SERVICE RE: NOTICE OF HEARING, Exhibits “A”-“D”. COS (10/22/19)
Petitioner’s Additional Filings of List of Witnesses, Exhibits 23-43, Amended Lists, List of Rebuttal Witnesses, List of Rebuttal Exhibits, Exhibits 44-53
Petitioner’s List of Witnesses and Exhibits filed December 9, 2019
Petitioner’s: 1)Supplemental List of Exhibits and 2) Exhibits 54-58 (5/6/2020)
Petitioner’s Second Supplemental List of Exhibits and Exhibit 59; COS (6/8/2020)
Petitioner Filings – June 19, 2020 (6/19/2020)
- Petitioner Hawaiian Memorial Life Plan, Ltd.’s: (1) First Amended List of Witnesses; (2) Third Supplemental List of Exhibits; (3) Exhibits 60 – 69 and Certificate of Service.
- Petitioner Hawaiian Memorial Life Plan, Ltd.’s: (1) First Amended List of Rebuttal Witnesses and Certificate of Service.
Petitioner’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (8/26/2020)
Petitioner’s Objections to Intervenor’s Findings of Fact, Conclusions of Law and Decision and Order (9/4/2020)
Petitioner’s Rebuttal To Intervenors’ Comments And Objections To Findings Of Fact, Conclusions Of Law And Decision And Order, Filed September 4, 2020 (9/9/2020)
Petitioner’s Memorandum re: New Conditions (9/28/2020)
Uncertified Notice of Imposition of Conditions by the Land Use Commission which was recorded on October 20, 2020. (10/22/2020)
A17-804 Declaration of Conditions Certified (12/28/2020)
Petitioner Letter to LUC Petitioners Representation (08/16/2022)
OP’s Draft Environmental Impact Statement Comments (10/22/18)
OP’s Final Environmental Impact Statement Comments (4/11/19)
OP’s Statement of Position, COS (8/21/19)
OP’s Witness List filed December 9, 2019
OP’s Exhibit List filed December 9, 2019
A17-804-OP Testimony.and Exhibits (12/23/19)
A17-804 OP First Amended List of Exhibits (1/22/2020)
COS (6/3/2020)
2nd amended Exhibit List (6/3/2020)
Exh 9 (6/3/2020)
Exh 10 (6/3/2020)
OP advised the LUC via a telecon that it would not be filing a Proposed Findings of Fact, Conclusions of Law and Decision and Order (8/26/2020)
County’s Position Statement and Witness List filed December 9, 2019
County’s Witness – Kathy Sokugawa, Acting Director of DPP
Written Testimony- Kathy Sokugawa & Exhibit- Ko`olau Poko Sustainable Communities Plan (12/23/19)
DPP’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (8/26/2020)
Hui O Pikiloa – Petition to Intervene (10/10/19)
Notice of Intent to Intervene (12/11/17) filed by Hui O Pikoiloa
Position Statement filed December 9, 2019
Witness List filed December 9, 2019
Exhibit List filed December 9, 2019
Exhibit 1 Petition to Save Kaneohe Conservation Land from Graveyard Expansion
Exhibit 2 Petition to STOP Hawaiian Memorial Park Expansion
Exhibit 3 Dr. Dana L. Alden – Curriculum Vitae
Exhibit 4 Winston Welch – Resume
Exhibit 5 Nathan Yuen – Resume
Exhibit 6 Dr. Steven Businger – Curriculum Vitae
Exhibit 7 Councilmember Kim Pine Letter dated September 4, 2019
Exhibit 8 DLNR-DOFAW comments on DEIS dated October 31, 2018
Exhibit 9 Dr. M. Lee Goff – Curriculum Vitae
Exhibit 10 Federal Register dated September 18, 2012 re: Hawaiian Damselfly listing
Exhibit 11 John L. Higham, C.E. – Resume
Exhibit 12 Hawaii Business News article The Cost of Dying dated October 31, 2015
Exhibit 13 MoneyWatch article “A Buried Problem at Country’s Top Funeral Home Chain?” dated March 6, 2017
Exhibit 14 Kenneth Middleton – Resume
Intervenor Hui O Pikoiloa Witness List and Witness Written Direct Testimony (12/23/19)
Intervenor Rebuttal Revised Witness Testimony #3, COS (01/06/2020)
Intervenor’s Amended List of Exhibits, Exhibit 15, COS (06/08/2020)
Intervenor’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (08/26/2020)
A17-804 Intervenor Comments and Objections to Proposed FOFCOLD&O (09/04/2020)
A17-804 Intervenor’s Comments on Objections (09/09/2020)
Public Testimony received September 24, 2020- Neil Frazer
Public Testimony received September 22, 2020- Chris Delaunay- Pacific Resource Partnership
Public Testimony received September 19-22, 2020
- Pane Meatoga III – Hawaii Operating Engineers Industry Stabilization Fund (9/22/2020)
- Joy Kimura- Hawaii Laborers & Employers Cooperation and Education Trust Fund (9/22/2020)
- Ko`olaupoko Hawaiian Civic Club (9/22/20)
- Justin Soriano 9/21/20
- Marcelinda Soriana 9/21/20
- Gloria Ariagaran 9/21/20
- Merlie N. Wilmeth 9/21/20
- Tim Deegan 9/21/20
- Bonnie Deegan (Brookfield) 9/21/20
- Michael Deegan 9/21/20
- Barbara Zeisel 9/21/20
- Mo Radke 9/21/20
- Cindy Suzuki 9/21/20
- Debra Stephenson 9/21/20
- Dean Hazama 9/20/20
- Mahealani Cypher 9/19/20
Public Testimony received July 24, 2020 – Lorraine Minatoishi
Public Testimony received July 23, 2020 – Glenn Miyasato
Public Testimony received July 20, 2020 – Gary Gray
Public Testimony received July 6, 2020 – Nick Drance (7/6/2020)
Public Testimony received June 24, 2020 – Ryan Kobayashi (Hawai`i Laborer’ Union), Erin Yamashita
Public Testimony received June 23, 2020 – Robert O’Conner
Public Testimony received between June 22-23, 2020 – Pane Meatoga III (HI Operating Engineers), Kera Wong-Miyasato, Alec Wong-Miyasato, Kalma Wong, Teresa Chao, Kathleen O`Malley, Paulette Tam
Public Testimony received June 19, 2020 -Senator Jarrett Keohokalole survey
Public Testimony received June 16, 2020 – Vanita Rae Smith
Public Testimony received June 9, 2020 – Richard & Donna Perkins, Lokahi Cuban, Mililani Group, Inc. (Eadean M. Buffington), Sarah Houghtailing
Public Testimony received June 8, 2020 – Joy Kimura, Cheryl Tyler
Public Testimony received between June 6-7, 2020 – Kathleen O’Malley, Timothy Deegan, Scot Z. Matayoshi, Bronson Azama, Vanita Rae Smith, and Rene Mansho.
Public Testimony received June 5, 2020 – Patrick Pollard
Public Testimony received June 4, 2020 – Shaun McCreedy
Public Testimony received June 4, 2020 – Pacific Resource Partnership (Christopher Delaunay)
Public Testimony received June 3, 2020 – Karen Galut
Public Testimony received May 28, 2020
Public Testimony submitted at LUC meeting January 22, 2020- Peter & Bella Swenson. DLNR Aha Moku Advisory Committee- Leimana DaMarc
Public Testimony retrieved January 21, 2020
Gretchen Gould, Annette Kaohelauli, Faye and Kenneth Luke, Ko`olaupoko Hawaiian Civic Club (Leialoha Kaluhiwa sent by Mehealani Cypher), Hawaii Construction Alliance- Nathaniel Kinney, State of Hawaii Rep. Scot Matayoshi, Hawaii’s Thousand Friends
Public Testimony received January 17, 2020 – Christopher Delaunay (Pacific Resource Partnership)
Public Testimony received January 16, 2020 – Drusilla Tanaka, Joy Kimura (Hawaii Laborers-Employers Cooperation and Education Trust)
Public Testimony received December 10, 2019 – Corey Ing
Public Testimony received 11/27/2019 – Heily Hacoba
Public Testimony received 11/21/2019 – Christopher Yamada, Jack Perreira, and Maximus Hudson
Public Testimony received 11/18/2019 – Ho`onua Tavares and Jonah Gilbert
Public Testimony received 11/15/2019 – Tyson Okamura, Jaron Ho`okano Ward, Destiny Clemente, and Braven Brown
Kathleen O`Malley 11/12/2019
Public Comments received by LUC on DEIS
LUC notice deeming Petition incomplete (11/20/17)
LUC request to OEQC for Publication in The Environmental Notice (11/30/17)
Intervenor’s letter to Petitioner (10/29/21)
Petitioner’s Correspondence re Damselflies (09/26/23)
Memorandum re Damselflies (09/26/23)
November 21, 2017: Agenda | Minutes
April 23, 2019: Agenda | Minutes
November 20-21, 2019: Agenda | Minutes
January 22, 2020: Agenda | Minutes
June 9-10, 2020: Agenda | Minutes
June 24-25, 2020: Agenda | Minutes
July 22-23. 2020: Agenda | Minutes
August 12-13, 2020: Agenda | Minutes
September 23-24, 2020: Agenda | Minutes
October 07-08, 2020: Agenda | Minutes
August 24, 2022: Agenda | Minutes