A18-806 KEVIN M. BARRY AND MONICA S. BARRY, TRUSTEES OF THE BARRY FAMILY TRUST DATED NOVEMBER 15, 2006
The Petitioners seek to amend the Land Use District Boundaries of certain lands consisting of approximately 0.51 acres, situated at Keaau, Puna, County and State of Hawaii, currently identified by TMK No. (3) 1-5-059:059 from the State Land Use (SLU) Conservation District to the SLC Agricultural District. Concurrent with the filing of this Petition, Petitioners have also filed a Motion Requesting the Commission to be the Approving Agency for an Environmental Assessment (“EA Motion”). Through the EA Motion, Petitioners are requesting that the Commission be the Approving Agency to determine the acceptability of an Environmental Assessment (“EA”) that Petitioners shall prepare to assess the environmental effects of the proposed District Boundary Amendment.
A hearing was held on January 23, 2019 in Hilo, Hawai`i where it was determined that the LUC would be the approving agency for an EA. The Petitioner will begin preparations to assess the environmental effects of its proposed District Boundary Amendment.
Petitioner’s Early Consultation Request (2/28/19)
The following was filed by Petitioner on December 19, 2018.
• Petitioner’s Filed Amended Affidavit of Derek. B. Simon attesting to Service of Petition, (12/21/18)
• Filed Amended Certificate of Service re Motion (12/21/18) and
• Filed Amended Certificate of service re Petition (12/21/18)
Petitioner’s Motion for Issuance of Anticipated Negative Declaration or Anticipated Findings of No Significant Impact; Memorandum in Support of Motion; Declaration of Derek B. Simon; Exhibits 1-2, COS (7/26/19) * This Motion’s file is broken into the 3 parts listed below. Please click on each separate link to access the information listed.
- Petitioners’ Motion for Issuance of Anticipated Negative Declaration or Anticipated Finding of No Significant Impact; Exhibit 1 – Petitioner’s Memorandum re Chapter 343; Exhibit 2 – Petitioner’s Preliminary Draft Environment Assessment (to page 41)
3. Appendix 2 (cont); Appendix 3: General Botanical Survey and Vertebrae Fauna Assessment, Barry Property, Hawaiian Paradise Park, Island of Hawaii by Ron Terry, Ph.D; Appendix 4: June 10, 2018 Letter to Susan Lebo, Ph.D. from ASM affiliates; Appendix 5: July 2019 ASM affiliates Ka Pa`akai Analysis
Petitioner’s OEQC Applicant Publication Form (10/29/19)
Petitioner’s Environmental Assessment Part 1 (10/29/19)
Petitioner’s Environmental Assessment Part 2 (10/29/19)
County of Hawai`i Planning Department’s Response to Petitioner Kevin M. Barry and Monica S. Barry, Trustees of the Barry Family Trust’s Motion Requesting the Land Use Commission be the Approving Agency for an Environmental Assessment; COS (1/14/19)
OP Comments on DEIS & FONSI (12/16/19)
NOTICES AND ORDERS