SP09-403 Remand Consolidated Record (Special Use Permit 2008/SUP-2 Waimanalo Gulch)- (This site is under construction and incomplete)

The amount of information contained in the record is huge.  In order to manage the data, the files are categorized by the entity that filed them.  A separate itemized list of exhibits filed by the County may also be used to find exhibits by cross-referencing it to the specific agency. All material contained on this page were received as digital records on a CD on 5/3/17.

Correspondence to LUC from Planning Commission regarding the transmittal of the consolidated record of this docket.

Separate Itemized List of Exhibits filed by the County

Department of Planning and Permitting Exhibits (DPP)

DPP1   Planning Division Master Application Form- Modification of Condition

DPP2   Application by Dept. of Environmental Services (ENV) to Modify SUP etc.

DPP3   Letter from ENV on Whether a Supplemental EIS is Needed

DPP4   DPP Environmental Checklist

DPP5   Acceptance of SUP Application for Processing Forms and Mailing List

DPP5   Acceptance of SUP (cont.)

DPP5   Acceptance of SUP (cont.)

DPP5_1  Acceptance of SUP (cont.)

DPP6   Agency Comments on SUP Application by HFD, DTS, DFM, HPD, DDC, DEM, BWS,DLNR, DOH,    OHA

DPP7   Community Comments

DPP8   Letter from DPP to Office of Environmental Quality Control-Determination

DPP9   Letter from DPP to Councilmember Tom Berg on Request to Extend

DPP10  DPP’s Report and Recommendation to Planning Commission and Hearing

DPP11  Letter dated June 18, 2012 from DPP to LUC transmitting a copy of the Planning Commission proceedings, list of all exhibits, etc.

Department of Environmental Services (P coded Exhibits)

P1     ENV ‘s Memorandum in Opposition to KOCA’s Motion to Recognize KOCA as Parties- Attachment 1

P2     ENV’s Prehearing Conference Statement

P3     ENV ‘s Memorandum in Opposition to KOCA’s Motion to Dismiss

P4      ENV’s List of Exhibits and List of Witnesses

P5      ENV’s First Amended List of Exhibits and Exhibits A1-A33

P6      ENV’s Written Direct Testimony of Timothy E. Steinberger

P7      ENV’s Testimony of Steven Y.K. Chang

P8      ENV’s Pre-Contested Case Hearing Statement

P9      ENV’s First Amended Witness List

P10    ENV’s Second Amended List of Exhibits, Exhibits A34 -A50

P11     First Annual Report for Special Use Permit No. 09-403

P12     Second Annual Report for Special Use Permit No. 09-403

P13     ENV’s Memorandum in Opposition to KOCA’s Motion to Reopen Contested Case

P14     ENV’s Proposed Findings of Fact, Conclusions of Law, Decision and Order

P15     ENV’s Resonse to KOCA’s Proposed Findings of Fact, Conclusions of Law, Decision and Order

P16     ENV’s Notification to Supreme Court Decision or in the Alternative Motion to Stay Contested Case  Hearing

P17     ENV’s Notice Regarding Procedure for ENV vs. LUC in Civil No. 09-1-2719

P18     ENV’s Memo in Opposition to KOCA’s Motion to Effect Consolidation of the Separate Proceedings as Ordered by LUC

P19     Letter dated June 3, 2016 from ENV to Planning Commission responding to request for status report or extension on Special Use Permit

P20     ENV’s Motion to Stay Proceedings to April 22, 2017, Memorandum in Support, COS

P21     ENV’s Motion to re-open contested case hearing for limited purpose of taking official notice of facts, memorandum in support of motion

P22     ENV’s Motion for time extension to file Proposed Findings of Fact, Conclusions of Law, Decision and Order to April 21, 2017, Declaration of Kamilla Chan

P23     ENV’s Proposed Findings of Fact, Conclusions of Law, Decision and Order for the consolidated proceedings to allow expansion of WGSL to 200.622 acres, subject to conditions, COS

P24     ENV’s supplement to its Proposed Findings of Fact, Conclusions of Law, Decision and Order, COS

P25      ENV’s response to KOCA’s Proposed Findings of Fact, Conclusions of Law, Decision and Order. COS

P26      ENV’s motion to strike Hanabusa’s renewal of submission of Proposed Findings of Fact, Conclusions of Law, Decision and Order, Exhibit 1-2, COS

Intervenor Ko Olina Community Association & Maile Shimabukuro (KOCA)

KOCA 1     Motion to Recognize KOCA as Parties, Memorandum in Support, Verification, Exhibit A

KOCA 2      KOCA’s Reply to ENV’s Memorandum in Opposition to Motion to Recognize

KOCA 3       KOCA’s Prehearing Conference Statement

KOCA 4       KOCA’s Motion to Dismiss, Memorandum in Support of Motion, Declaration of Christopher Goodwin, Exhibits 1-14

KOCA 5       KOCA’s List of Witnesses and List of Exhibits (K1 – K79)

KOCA 6       KOCA’s First Amended Witness List

KOCA 7        KOCA’s Second Amended Witness List

KOCA 8        KOCA’s Written Direct Testimony of Ken Williams, Declaration of Ken Williams

KOCA 9         KOCA’s Written Direct Testimony of Maile Shimabukuro, Declaration of Maile Shimabukuro

KOCA 10       KOCA’s Written Direct Testimony of Cynthia K.L. Rezentes, Declaration of Cynthia K.L. Rezentes

KOCA 11        KOCA’s Written Direct Testimony of Maeda Timson, Declaration of Maeda Timson

KOCA 12       KOCA’s Written Direct Testimony of Shad Kane, Declaration of Shad Kane

KOCA 13        KOCA’s Written Direct Testimony of Duke Hospodar, Declaration of Duke Hospodar

KOCA 14        KOCA’s Written Direct Testimony of Beverly Munson, Declaration of Beverly Munson

KOCA 15        KOCA’s Written Direct Testimony of Dwight Miller, Declaration of Dwight Miller

KOCA 16        KOCA’s Pre-Contested Case Statement

KOCA 17         KOCA’s First Amended Exhibit List

KOCA 18         KOCA’s Exhibits K1 – K169

KOCA 19         KOCA’s Errata to Exhibit K154, Exhibit K154

KOCA 20        KOCA’s Errata to the Declaration of Dwight Miller Filed December 13, 2011

KOCA 21         KOCA’s Second Amended Exhibit List, Exhibits K156 – K158

KOCA 22         KOCA’s Third Amended Exhibit List, Exhibits K159 – K161

KOCA 23         KOCA’s Request for Issuance of a Subpoena Duces Tecum to the Custodian of Records of Waste Management of Hawaii, Inc., Subpoena

KOCA 24         KOCA’s Fourth Amended Exhibit List, Exhibits K162 – K163

KOCA 25         KOCA’s Fifth Amended Witness List, Exhibits K164 – K169

KOCA 26         KOCA’s Sixth Amended Witness List, Exhibits 171 – K172, K173 – K176, & K178 – K179

KOCA 27          KOCA’s Subpoena Duce Tecum to the Custodian of Records of the Dept. of Environmental Services

KOCA 28          KOCA’s Seventh Amended Exhibit List, Exhibits K191, K194, K208, K215, K217, K218, K222, K223, K226 & K227

KOCA 29          KOCA’s Rebuttal Witness List

KOCA 30          KOCA’s First Amended Rebuttal Witness List

KOCA 31           KOCA’s Eighth Amended Exhibit List, Exhibits K189, K190, K192, K193, K195, K196, K198, K220, K230, K247, K251, K255, K256, K257 & K258

KOCA 32          KOCA’S Motion to Reopen Contested Case Hearing to Admit Limited Additional Evidence to Correct Error, Declaration of Calvert Chipchase

KOCA 33          KOCA’s Proposed Findings of Fact, Conclusions of Law, Decision and Order (PFOFCOLD&O)

KOCA 34          KOCA’s Response to ENV’s PFOFCOLD&O

KOCA 35          KOCA’s Response to Schnitzers’ PFOFCOLD&O

KOCA 36          KOCA’s Memorandum in Opposition to ENV’s Notification of Supreme Court Decision or in the Alternative Motion for Stay of Contested Case

KOCA 37           Letter dated October 30, 2012, from Chipchase on a joint request of parties for a status conference before the Planning Commission to discuss

KOCA 38           Intervenor KOCA’s Motion to Effect Consolidation of the Separate Proceedings as ordered by the Land Use Commission, Exhibits 1 to 3

KOCA 39            Stipulation and Order to Continue the February 20, 2013 Hearing to April

KOCA 40           KOCA’s Joinder in ENV’s Motion to Stay Proceedings to April 22, 2017

KOCA 41            KOCA’s response to ENV’s motion for time extenstion to April 21, 2017

KOCA 42            KOCA’s response to ENV’s motion to re-open hearing for limited purpose to take official notice of facts, COS

KOCA 43            KOCA’s PFOFCOLD&O for consolidated proceedings to allow expansion of WGSL to 200.622 acres, subject to conditions, COS

KOCA 44            KOCA’s response to Schnitzer’s PFOFCOLD&O, COS

KOCA 45             KOCA’s response to ENV’s PFOFCOLD&O, COS

Schnitzer Steel Hawaii Corp. (SCHN)

SCHN 1              Petition to Intervene filed by Schnitzer Steel Hawaii Corp.

SCHN 2              SCH’s Prehearing Conference Statement

SCHN 3              SCH’s Memorandum in Opposition to KOCA’s Motion to Dismiss Filed

SCHN 4              SCH’s List of Exhibits and List of Witnesses

SCHN 5               SCH’s Written Direct Testimony of Larry Snodgrass, Exhibits S-2 to S-4

SCHN 6               SCH’s Contested Case Opening Brief

SCHN 7               SCH’s PFOFCOLD&O

SCHN 8               SCH’s Exceptions to KOCA’s PFOFCOLD&O

SCHN 9               SCH’s Position on KOCA’s Motion to Reopen Contested Case Hearing to Admit Limited Evidence to Correct Error

SCHN 10             SCH’s Opposition to ENV’s Notification of Supreme Court Decision or in the Alternative Motion to Stay Proceedings of Contested Case Hearing

SCHN 11              SCH’s Joinder in ENV’s Motion to Stay Proceedings to April 22, 2017

SCHN 12             SCH’s Joinder in ENV’s motion for time extension to file PFOFCOLD&O

SCHN 13             SCH’s PFOFCOLD&O for consolidated proceedings to allow expansion of WGSL to 200.622 acres, subject to conditions, COS

SCHN 14             SCH’s response to KOCA’s PFOFCOLD&O, Exhibits 1-2, COS

Planning Commission (PC)

PC 1    Hearing Notice October 5, 2011

PC 2    Agenda October 5, 2011

PC 3     Stipulation to Amend Briefing Schedule as Provided in the PC’s Prehearing Conference Dated November 9, 2011

PC 4     PC Order on Prehearing Conference dated November 9, 2011

PC 5      Public Comments

PC 6       Contested Case Hearing Notice of Dec. 7, 2011

PC 7        Agendas- December 7, 2011, January 11, 2012, January 25, 2012, February 8, 2012, March 7, 2012, March 14, 2012*, April 4, 2012, April 11, 2012, April 17, 2012*, April 23, 2012, May 25, 2012.  *No transcripts for these dates as meetings were cancelled

PC 8       Transcripts of Public Hearing of October 5, 2011, Contested Case Hearings of December 7, 2012, January 11, 2012, January 25, 2012, February 8, 2012, March 7, 2012, April 4, 2012, April 4, 2012 (supplement- per agreement of counsel April 11, 2012- this portion reflecting Calvert Chipchase examining Gary Gill-re-transcribed to include video presentation), April 11, 2012, April 23, 2012, May 25, 2012

PC 9        Waste Management Hawaii, Inc.’s Response and Objections to Subpoena Duces Tecum, Exhibit 1

PC 10      Land Use Commission’s Request to PC to stay

PC 11       Letter dated May 29, 2012, from PC to Land Use Commission on a 6 month stay of its proceedings and no necessity to

PC 12       Land Use Commission Order Remanding Special Permit to PC

PC 13        Agenda and Amended Agenda for PC meeting of December 19, 2012

PC14         Transcripts of the December 19, 2012 PC meeting

PC 15        Agenda of the PC meeting of February 20, 2012

PC 16        Letter dated March 8, 2012 to KOCA transmitting a filed copy of the Stipulation and Order to Continue the February 20, 2013 Hearing to April 17, 2013

PC 17        Transcripts of the February 20, 2012 PC meeting

PC 18        Letter dated May 25,2016 from the PC to all parties requesting follow-up status report of extension on Special Use Permit

PC 19        Letter dated August 9, 2016m from PC to all parties transmitting the PC agenda for the August 17, 2016 meeting

PC 20       Agenda for the August 17, 2016 meeting

PC 21        Transcripts of the PC meeting of August 17, 2016

PC 22        Letter to all parties dated September 7, 2016, from the PC indicating that the PC will hear on October 12, 2016, the motion of KOCA to re-open the contested case hearing

PC 23        Agenda for the PC meeting of October 12, 2016

PC 24        Transcripts of the PC meeting of October 12, 2016

PC 25        Letter dated October 13, 2016 from the PC to Intervenor Hanabusa regarding deadlines for submitting findings of fact and rebuttals, and date of PC meeting to consider submittals

PC 26        Agenda for the PC meeting of March 1, 2017

PC 27        Transcipts of the PC meeting of March 1, 2017

PC 28        Decision and Order of the PC on Land Use Commission’s Remand on Consolidated Proceedings, COS

Intervenor Hanabusa (H)

H 1     H’s position statement on KOCA’s motion to re-open contested case hearing to admit limited evidence to correct error, statement of non-appearance at hearing on said motion, COS

H 2     H’s Statement: Proposed Findings of Fact, requests for extensions; and ENV’s motion to re-open hearing; COS

H 3     H’s renewal of submission of PFOFCOLD&O, objections and rebuttals, declaration of counsel, Exhibits 1-2

H 4      H’s opposition to ENV’s motion to strike H’s renewal of submission of PFOFCOLD&O