A17-804 HAWAIIAN MEMORIAL LIFE PLAN, LTD.
Upcoming Virtual Zoom Hearing
To attend the upcoming virtual hearing please register at the following url below. You will be asked for your name, email, and some follow up questions. After registering, you will receive a confirmation email containing information about and a link for joining the webinar. Please answer the questions provided particularly if you wish to provide oral testimony or are an expert witness for one of the parties.
When: Jun 24-25, 2020 09:00 AM Hawaii
Topic: LUC Hearing
Register in advance for this webinar:
Click Here for Live Stream (alternate way to view the hearing). Please remember that the YouTube Live Stream is about 20 seconds behind actual live; and, won’t be casting out until the actual meeting starts.
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).
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 will continue the hearing on this docket. The hearing will be conducted using virtual conference technology and the Zoom Webinar platform. A hearing registration form and link can be accessed above in the opening section.
Please check the Commission calendar for scheduling and agenda.
Stipulated Agreement for Motion to Extend Time for Decision-Making An Additional Ninety Days- All Parties signed (DPP submitted via email 4/29/2020)
Petitioner’s Motion to Designate the Land Use Commission as Approving Authority for Environmental Statement Under HRS Chapter 343 and for Authority to Prepare an Environmental Impact Statement Preparation Notice (“EISPN”) filed November 13, 2017
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
Petitioner’s Draft EIS
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 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 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.
State Office of Planning Filings
OP’s Comment on PETITIONER’S MOTION TO DESIGNATE THE LAND USE COMMISSION AS APPROVING AGENCY FOR ENVIRONMENTAL STATEMENT UNDER HRS CHAPTER 343 AND FOR AUTHORITY TO PREPARE ENVIRONMENTAL IMPACT STATEMENT PREPARATION NOTICE (11/16 /17)
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)
2nd amended Exhibit List (6/3/2020)
Exh 9 (6/3/2020)
Exh 10 (6/3/2020)
City and County of Honolulu Department of Planning and Permitting (“DPP”) Filings
County’s Position Statement and Witness List filed December 9, 2019
County’s Witness – Kathy Sokugawa, Acting Director of DPP
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
Public Comment Filings
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
Public Testimony received 11/27/2019
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
Notices & Orders by the Commission
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 dated November 30, 2017
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)
Notice of Hearing- January 22,2020 (1/14/2020)