Land Board – Submittals – 04/27/12

AGENDA

FOR THE MEETING OF THE

BOARD OF LAND AND NATURAL RESOURCES

                                    DATE:          FRIDAY, APRIL 27, 2012

                                    TIME:            9:00 A.M.

                                    PLACE:         KALANIMOKU BUILDING

                                                        LAND BOARD CONFERENCE ROOM 132

                                                        1151 PUNCHBOWL STREET

                                                        HONOLULU, HAWAII 96813

A.        MINUTES

  1. Approval of November 10, 2011 Amended Minutes
  2. Approval of April 13, 2012 Minutes

D. LAND DIVISION

  1. Mutual Cancellation of General Lease No. S-4602; Re-Issuance of Direct

    Geothermal Resources Mining Lease to the Natural Energy Laboratory of

    Hawaii Authority for Geothermal Well Facility Purposes, Kapoho, Puna,

    Hawaii, Tax Map Key: (3) 1-4-001:082.

  2. Approval in Concept for the Issuance of Direct Lease to Puna Community

    Medical Center for Comprehensive Medical Center Purposes, Keonepoko

    Nui, Puna, Hawaii, Tax Map Key: 3rd/ 1-5-08:05.

  3. Issuance of Right-of-Entry Permit to Imata & Associates, Inc. for Field/

    Topographical Survey and Geo-technical Investigations Purposes Upon State

    Lands at Waiakea, South Hilo, Hawaii, Tax Map Key: 3rd/ 2-4-001: 19, 24,

    179, 181, 182 & 183, 2-4-028: 001, and 2-4-056:014, 022, 028 & 029.

  4. Amend Prior Board Action of June 23, 2011, Item D-7, as amended, Issuance

    of Direct Lease to Boteilho Hawaii Enterprises, Inc. for Dairy Purposes,

    Opihipau-Hukiaa, Kokoiki, North Kohala, Hawaii, Tax Map Key: 3rd/ 5-5-

    003:004, 005 & 006, 5-5-005:001 and 5-5-006: 002, 003, 004 & 015. The

    Purpose of the Amendment is to Modify the Character of Use Provision to

    Detail Permitted Dairying Activities on the Land, and to Clarify that the

    Mutual Cancellation of Existing Leases and Issuance of a New Direct Lease

    Shall Not Vest Ownership of Existing Improvements in the State.

    Amend Prior Board Action of July 22, 2011, Item D-3, Amend Prior Board

    Action of June 23, 2011, Item D-7, Issuance of Direct Lease to Boteilho

    Hawaii Enterprises, Inc. for Dairy Purposes, Opihipau-Hukiaa, Kokoiki,

    North Kohala, Hawaii, Tax Map Key: 3rd/ 5-5-003:004, 005 & 006, 5-5-

    005:001 and 5-5-006: 002, 003, 004 & 015. The Purpose of the Amendment

    is to Defer the Requirement to Conduct a Level One, Hazardous Waste

    Evaluation for General Lease Nos. S-5572 and S-5574.

  5. Amend Prior Board Action of December 8, 2006, Item D-7, Grant of

    Perpetual, Non-Exclusive Easement to Kona Residence Trust for Access and

    Utility Purposes, Puuanahulu, North Kona, Hawaii, Tax Map Key: (3) 7-1-

    003: portion of 002. The Purpose of the Amendment is to Authorize the Use

    of Non-Standard Provisions in the Grant of Non-Exclusive Easement

    Instrument Including, Without Limitation, Those Relating to Abandonment,

    Withdrawal, Liability Insurance, and Pollution Control Measures;

    Amend Prior Board Action of June 23, 2011, Item D-8, Acceptance of

    Department of Transportation’s (DOT) Grant of Limited Vehicle Access

    Rights onto the Queen Kaahumanu Highway, Relating to Issuance of Grant

    of Perpetual, Non-Exclusive Easement (LODS-28,998) to Kona Residence

    Trust for Access and Utility Purposes at Puuanahulu, North Kona, Hawaii,

    Tax Map Key: (3) 7-1-003: portion of 002. The Purpose of the Amendment

    is to Authorize the Non-Exclusive Assignment of the Access Rights to Kona

    Residence Trust and Approve the form of Such Assignment.

  6. After-the-fact, Consent to Assignment of Sublease K-15 of General Lease No. S-

    5619, by Black Pearls, Incorporated, Assignor, to Kona Blue Water Farms, LLC,

    Assignee; located at Ooma 1st, North Kona, Hawaii, Tax Map Key: 3rd/ 7-3-43: 92

    (formerly: TMK: 3rd/ 7-3-43: portion of 42).

    Acknowledge the Conversion of Kona Blue Water Farms, LLC into Kona

    Blue Water Farms, Inc.

    Consent to Assignment of Sublease K-15, under General Lease No. S-5619,

    by Kona Blue Water Farms, Inc., Assignor, to Keahole Point Hatcheries

    LLC, Assignee, Ooma 1st, North Kona, Hawaii, Tax Map Key: 3rd/ 7-3-43:92.

  7. Grant of After-the-Fact Term, Non-Exclusive Easement to LBUBS 2007 –

    C2 Alii Drive, LLC, for Drainage and Utility Purposes; Issuance of Right-of-

    Entry for Survey, Mapping and Maintenance Purposes, Auhaukeae, North

    Kona, Hawaii, Tax Map Key: (3) 7-5-09:43 pors.

  8. Re-Submittal: Rescind Prior Board Action of November 9, 1990, Item F-2,

    Directing Acquisition of Private Lands (Tax Map Key: (3) 7-6-16:32) by

    Negotiation or Eminent Domain; Quitclaim Conveyance of Road Remnants

    to County of Hawaii; Issuance of Immediate Management Right-of-Entry to

    the County of Hawaii, Holualoa 1st and 2nd Partition, North Kona, Hawaii,

    Tax Map Key: (3) 7-6-16:13 and Road Remnant A.

  9. Issuance of Right-of-Entry Permit to MC&A Inc. for a Beach Activity /

    Team-Building Event for Cadence Pharmaceuticals, at Wailea Beach, Maui,

    Hawaii: Tax Map Key:(2) 2-1-008: seaward of 109.

  10. Request for Mutual Termination of General Lease No. 5590; Island Demo,

    Inc. Lessee; Moanalua, Honolulu, Oahu; Tax Map Key: (1) 1-1-064:006.

  11. Consent to Assign General Lease No. S-4902, Bonnie-Lee H. Echiberi,

    Assignor, to Bonnie-Lee H. Echiberi and Auralee Shea, Assignee, Maunalaha

    Homesites, Makiki, Honolulu, Oahu, Tax Map Key: (1) 2-5-024:024.

  12. Issuance of Right-of-Entry Permit to Steven Boyle for Beach Activities

    Purposes to be held from May 12- 20, 2012 at State Lands fronting the

    Kahala Hotel,Waialae, Honolulu, Oahu, Tax Map Key: (1) 3-5-023:seaward

    of 041.

  13. Issuance of Right-of-Entry Permit to MC&A Inc. for Set-up and Conducting

    Beach Activities to be held on May 17, 2012 on the beach area fronting

    Kahala Hotel, Waialae, Honolulu, Oahu, Tax Map Key: (1) 3-5-

    023:041(Portion).

  14. (1) Status of Negotiations for an Easement for Encroaching Seawall and

    Filled Lands; and (2) Enforcement Action Against TLM Partners Ltd. for,

    Inter Alia the Removal of the Encroaching Seawall and Filled Lands; situated

    at Niu, Honolulu, Oahu, Tax Map Key (1) 3-7-002:seaward of 009.

  15. Amend Prior Board Action of July 14, 2006, Agenda Item D-10, by

    Replacing One of the Assignees, Pok Ye Kamalolo, with Michael S. Padeken,

    Jr.; Consent to Assignment of Homestead Lease No. 16A (HL No. 16A),

    Walter Kimokeo Kamalolo, Sole Heir to the Estate of Annie Aukai

    Kamalolo, Assignor, to Walter Kimokeo Kamalolo and Pok Ye Kamalolo,

    Assignees, Hauula, Koolauloa, Oahu, TMK: (1) 5-4-01:26, and 29, and (1) 5-

    4-07:26.

J. BOATING & OCEAN RECREATION

  1. Request to Write-Off Uncollectible Accounts
  2. Issuance of a Revocable Permit to Maalaea Charters, Inc. for Space to Operate a

    Commercial Charter Vessel Office for Vessel Activity Sales, and Sales of Various

    Outdoor Activities, Maalaea Small Boat Harbor, Maalaea, Wailuku, Maui, Tax Map

    Key: 3-6-01:2 por.

M. OTHER

  1. Issuance of Revocable Permit E Noa Corporation, for Inconsistent Use Ualena Street,

    Honolulu International Airport, Island of Oahu, Tax Map Key: 1-1-14:15 (portion)

  2. Issuance of a Revocable Permit to Tri-Isle, Inc. at Kalaeloa Barbers Point Harbor,

    Island of Oahu, Tax Map Key: (1) 9-1-14:24 (portion)

The Board may go into Executive Session pursuant to Section 92-5(a)(4), Hawaii

Revised Statutes, in order to consult with its attorney on questions and issues

pertaining to the Board’s powers, duties, privileges, immunities and liabilities.

IF YOU WANT TO BE PLACED ON THE MOVE UP AGENDA, PLEASE SIGN IN BY 8:50 A.M. THE DAY OF THE MEETING.

ALL MATERIALS LISTED ON THIS AGENDA ARE AVAILABLE FOR REVIEW IN THE DLNR CHAIRPERSON’S OFFICE OR ON THE DEPARTMENT WEBSITE THE WEEK OF THE MEETING AT: https://hawaii.gov/dlnr/chair/meeting/index.html

INDIVIDUALS REQUIRING SPECIAL ASSISTANCE OR ACCOMMODATIONS ARE ASKED TO CONTACT THE CHAIRPERSON’S OFFICE AT (808) 587-0400 AT LEAST THREE DAYS IN ADVANCE OF THE MEETING.

The Board may go into Executive Session pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities and liabilities.

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