SP14-404 Jas W. Glover, Ltd.

General Information

The subject application is for a Special Permit for quarrying and other support services and accessory uses on a 140-acre parcel identified as TMK (3) 2-1-013: 004 (portion). The parcel is owned by Kamehameha Schools and is within the State Agricultural District. The parcel is located east of the Hawai`i National Guard Site and Hilo International Airport, and 3,000 feet west of the County’s Sewer Treatment Plant.

Status

The LUC received the Special Permit application along with all necessary file documents from the County of Hawai`i Windward Planning Commission on August 1, 2014. The Commission heard the subject application at its hearing on November 20, 2014, in Kahului, Maui. At that time new information had come to the Commission from the State Department of Defense regarding a potential property boundary dispute and archaeological sites. Since this information was not already part of the official record forwarded from the County Planning Commission; the LUC remanded the application back to the County by Order on January 23, 2015, in order that the new information could be reviewed and any changes to recommended conditions could be made.

Update

The Hawaii County Windward Planning Commission held a public hearing on June 2, 2016 to discuss and act upon the Land Use Commission’s remand to consider additional information from the Hawai`i Army National Guard regarding new historic sites findings, boundary discrepancies affecting the permit area and modifying the Special Permit as appropriate.

The Windward Planning Commission considered the request and voted to send a favorable recommendation to the Land Use Commission with proposed conditions for final disposition. The LUC received the County’s updated record and recommendations on July 15, 2016 and scheduled this matter to be heard at its August 10, 2016 meeting in Honolulu.

The LUC voted to grant the Special Permit at the August 10, 2016 meeting and adopted the form of the order at its meeting on August 25, 2016. The Order was finalized and mailed to the Parties on August 26, 2016.

LUC Notices and OrdersPetitioner FilingsCorrespondencePublic TestimonyAnnual Reports

Orders

LUC ORDER ADOPTING THE COUNTY OF HAWAI`I WINDWARD PLANNING COMMISSION’S FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER WITH MODIFICATIONS; AND COS (08/26/16)

LUC ORDER REMANDING SP14-404 TO THE COUNTY OF HAWAI`I WINDWARD PLANNING COMMISSION (01/23/15)

Agenda & Minutes

November 20, 2014: Agenda  |  Minutes
August 10, 2016: Agenda  |  Minutes
August 25, 2016: Agenda  |  Minutes

Hearing Map No. 1

Petitioner’s Memorandum in Support of Approval of Special Permit; Exhibits 1-4, COS (11/14/14)
Petitioner Correspondence Advising that Glover Agrees to Waive LUC requirement (09/12/14)
Hawai1i County Planning Commission Correspondence Re: Remand Application (07/15/16)

Petitioner Filings as Transmitted by Hawai`i County Planning

Exhibit 1 Kamehameha Schools Letter of Agreement with Jas Glover

Exhibit 2 Planning Commission Application Intake Form

Exhibit 3 Petitioner Transmittal Requesting Special Permit

Exhibit 4 Planning Director Letter to Petitioner Acknowledging SP Request

Exhibit 5 Memo to Agencies Requesting Comments on Special Permit Application

Exhibit 6 County Dept. Env. Mgmt – Solid Waste Comments

Exhibit 7 County Police Dept. Comments

Exhibit 8 County Fire Dept. Comments

Exhibit 9 State Dept. of Health Comments

Exhibit 10 County Dept. Env. Mgmt – Wastewater Comments

Exhibit 11 Declaration of Petitioner Re: Sign Posting

Exhibit 12 State Land Use Commission Comments

Exhibit 13 County Dept. of Public Works Comments

Exhibit 14 County Dept. of Water Supply Comments

Exhibit 15 State Office of Planning Comments

Exhibit 16 U.S. Fish & Wildlife Service Comments

Exhibit 17 State DLNR Comments

Exhibit 18 State DLNR-SHPD Comments

Exhibit 19 Petitioner Mailing of First Notice

Exhibit 20 Petitioner Response to Comments and Request for 90-day Extension

Exhibit 21 County Dept. of Water Supply Comments and Corrections

Exhibit 22 Petitioner Response to County Dept. of Env. Mgmt

Exhibit 23 Petitioner Response to State DLNR – Engineering

Exhibit 24 Petitioner Response to State DOH

Exhibit 25 Petitioner Response to County Fire Dept.

Exhibit 26 Petitioner Response to County Police Dept.

Exhibit 27 Petitioner Response to County Dept. of Public Works

Exhibit 28 Petitioner Response to County Dept. of Water Supply

Exhibit 29 Petitioner Response to State DLNR – Land Division

Exhibit 30 Petitioner Response to State DLNR-SHPD

Exhibit 31 Petitioner Response to U.S. Fish & Wildlife Service

Exhibit 32 Petitioner Response to State Office of Planning

Exhibit 33 Petitioner Response to State Land Use Commission

Exhibit 34 County Planning Director Letter of Public Hearing Notice

Exhibit 35 State Land Use Commission comments

Exhibit 36 Petitioner Response Letter to County Planning on State Land Use Commission comments

Exhibit 37 Petitioner Mailing of First and Second Notices

Exhibit 38 Copy of PHRI Archaeological Monitoring Plan

Exhibit 39 County Planning Department Background Report

Exhibit 40 County Planning Department Recommendations to Windward Planning Commission

Exhibit 41 Petitioner Letter with Proposed Conditions and Amendments

Exhibit 42 Petitioner Letter Re: Archaeological Monitoring Plan by PHRI to Windward Planning Commission

Exhibit 43 County Windward Planning Commission Record of Voting

Exhibit 44 Windward Planning Commission Hearing Transcript

Exhibit 45 County Planning Department Powerpoint Presentation

Exhibit 46 County Windward Planning Commission Letter to Petitioner Re: Favorable Recommendation

REMAND EXHIBITS

Remand Exhibit File Index

EXHIBIT 47 Letter from Daniel Orodenker,Re: Land Use Commission (LUC), Land Use Commission meeting agenda for November 20- 21, 2014 (11/10/14)

EXHIBIT 48 Roy A. Vitousek III, Esq, Attorneys for Petitioner JAS W. Glover,Ltd Petitioner’s Memorandum in support of Approval of Special Permit; Exhibits 1- 4, Certificate of Service to LUC (11/17/14)

EXHIBIT 49 Letter from Marjean R. Stubbert, Hawaii Army National Guard (HIARNG) to Daniel E. Orodenker, LUC providing comments from Hawaii Army National Guard (HIARNG) (1/18/14)

EXHIBIT 50 Letter from Daniel Orodenker, LUC to Department of Defense response to November 18, 2014 comments request copies of Final Archaeological Survey and Monitoring Plan for Keaukaha Military Reservation( KMR) (11/19/14)

EXHIBIT 51 Letter from Marjean R. Stubbert, HIARNG to LUC, submittal of CD including requested Final Archeological Survey and Monitoring Plan, Phase 1, Keaukaha Military Reservation( KMR) and boundary survey (12/5/14)

EXHIBIT 52 Daniel Orodenker, LUC order remanding Special Permit SP14- 404 to the County of Hawai` i Windward Planning Commission, Certificate of Service (11/10/14)

EXHIBIT 53 Letter from Bryon Fujimoto, JAS. W. Glover, Ltd. To Marjean R. Stubbert, HIARNG response to November 18, 2014 comments letter to LUC (1/30/15)

EXHIBIT 54 Letter from Roy A. Vitousek, III, Cades Schutte to Windward Planning Commission, Re: Glover Hilo Quarry Ka Pa` akai Discussion by ASM Affiliates (4/8/16)

EXHIBIT 55 Email from Dawn T. Hegger-Nordblom, HIARNG, to Maija Jackson (4/12/16)

EXHIBIT 56 Email from Maija Jackson, Planning Department( PD) to Sean P. Naleimaile Re: Ka Pa` akai Discussion by ASM Affiliates (4/15/16)

EXHIBIT 57 Email from Rachel Rounds, Fish& Wildlife Service to Maija Jackson Re: Revised Conditions (4/15/16)

EXHIBIT 58 Email from Maija Jackson( PD) to Randy Vitousek, Re: Nene on project site and/ or surrounding area (4/15/16)

EXHIBIT 59 Letter to Byron Fujimoto, Jas W. Glover, Ltd from Planning Director enclosing public hearing notice for 6/ 2/ 16 Windward Planning Commission( WPC) meeting (5/11/16)

EXHIBIT 60 Letter to Surrounding Property Owners from Planning Director enclosing public hearing notice for 6/ 2/ 16 WPC meeting (5/11/16)

EXHIBIT 61 County of Hawai` i Planning Department Supplemental Background Report (5/27/16)

EXHIBIT 62 County of Hawai` i Planning Department Supplemental Recommendation Report (5/27/16)

EXHIBIT 63 Planning Department Powerpoint Presentation (6/2/16)

EXHIBIT 64 WPC Hearing Transcript for June 2, 2016 hearing (6/2/16)

EXHIBIT 65 Email from Daryn Arai, Planning Department to Dawn Hegger-Norblom, HIARNG, Re: Proposed changes address concerns addressed in previous correspondences (6/2/16)

EXHIBIT 66 WPC Record of Voting (6/2/16)

EXHIBIT 67 Letter to Byron Fujimoto, Jas W. Glover Ltd, from WPC Re: Favorable recommendation to State LUC in response to remand order by State LUC (6/28/16)

Copy of Petitioner Correspondence to County re: Flora Study to Satisfy Condition 4 (07/13/17)

Flora Study to Satisfy Condition 4 (07/02/17)

Copy of Correspondence from County of Hawai`i Re: Non-attendance at August 10, 2016 LUC meeting rcvd (08/08/16)

Copy of Correspondence from County of Hawai`i Windward Planning Commission re: it’s decision and findings on remand to LUC (rcvd 07/15/16)

Copy of Correspondence to Jas. W. Glover from County of Hawaii re: favorable recommendation to LUC (rcvd 06/30/16)

Petitioner Correspondence to HIARNG Re: November Comment Letter

Petitioner Correspondence Advising that Glover Agrees to Waive LUC requirement.

LUC Response Letter to Dept. of Defense (11/19/14)

Department of Defense response to LUC -November 19, 2014 letter– HIARNG Final AIS & Monitoring Plan, KMR Survey

(11/18/14): Department of Defense – Hawai`i Army National Guard correspondence regarding updated archaeological report findings

In accordance with the LUC Decision & Order (08/26/16) Condition No. 16: The Petitioner shall provide annual reports to the Land Use Commission.

2017 Annual Report (08/07/17)