Contested Case Hearing No. ENG-CC-01 regarding authorization for the Department and its Agents, Employees, and Consultants, to enter upon various private properties and easements/right-of-ways for the purpose of conducting investigations and inspections of the Kaloko Dam, as directed by Act 118, SLH 2006, Relating to Emergency Relief for Natural Disasters, and Pursuant to Hawaii Revised Statutes (HRS) Chapter 179D.

The Board of Land and Natural Resources (BLNR), State of Hawaii, will conduct a hearing on Contested Case ENG-CC-01, at Lihue, Hawaii. The hearing will be held pursuant to Chapters 91 and 179D, Hawaii Revised Statutes, and Chapters 13-1 and 13-5, Hawaii Administrative Rules (HAR). The BLNR has appointed a Hearings Officer to conduct the hearing.

Any person wishing to participate in the hearing as an intervening party must file a written application in conformance with Section 13-1-31, HAR, as amended, explaining briefly how he or she has a specific legal interest different from the general public and how this interest could be affected by the proposed action. The Hearing Officer will then grant or deny the application to intervene. At the hearing, only persons admitted as parties to the proceedings may actually participate.

Any party may retain counsel if desired. An individual may appear on his or her own behalf, or a member of a partnership may represent the partnership, or an officer or authorized employee of a corporation or trust or association may represent the corporation, trust or association. All parties shall be afforded the opportunity to present and cross-examine evidence and witnesses and make arguments on issues before the BLNR.

Written applications to intervene must be received no later than 4:30 p.m. Tuesday, February 17, 2009, at the Department of Land and Natural Resources, Engineering Division, Attn: Kristen Akamine, 1151 Punchbowl Street, Room 221, Honolulu, Hawaii 96813 (or P.O. Box 373, Honolulu, Hawaii, 96809). Application forms are available at the Engineering Division or may be sent upon request. Please call (808) 587-0281 for application forms or for further information.

The Hearing Officer will conduct a hearing on standing and on all applications to intervene and will also conduct a pre-hearing conference at 10:00am, Monday, March 2, 2009 at the County of Kauai, Piikoi Building, 4444 Rice Street, Suite 330, Conference Room A & B, Lihue, Hawaii.

Disabled individuals planning to attend the hearing are asked to contact the DLNR at the above address or phone Kristen Akamine at (808) 587-0281 at least five days in advance of the hearing to indicate if they have special needs which require accommodation.