Land Board Submittals – 08/14/20

AGENDA
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES

                                    DATE:            FRIDAY, August 14, 2020

                                    TIME:              9:00 A.M.

                                    PLACE:           YouTube 

http://youtube.com/c/boardoflandandnaturalresourcesdlnr

 

Considering the evolving COVID-19 situation, protecting the health and welfare of the community is of utmost concern. As such, the meeting will be held remotely, with board members, staff and applicants participating via online meeting venue.

The meeting will be livestreamed at: http://youtube.com/c/boardoflandandnaturalresourcesdlnr

TESTIMONY:
Interested persons can submit written testimony in advance of each meeting that will be distributed to Board Members prior to the meeting. Written testimony must be submitted no later than 24 hours prior to the meeting to ensure time for Board Members to review it. Late written testimony will be retained as part of the record, but we cannot assure Board Members will receive it with sufficient time for review prior to decision-making. Submit written testimony to [email protected]

To provide live oral/video testimony during the online meeting, email your request to [email protected] at least 24 hours in advance, with your name, phone number, email address, computer identification name (check your device settings), and the agenda item on which you would like to testify. Once your request has been received, you will receive an email with the Zoom link via which to testify. You will need a computer with internet access, video camera and microphone to participate. If you require access by phone only, please indicate that in your email request. Testimony will be limited to a maximum of three (3) minutes per person per agenda item.

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.

Individuals requiring special assistance or auxiliary aids or services (i.e., sign language interpreter), please contact staff at least 72 hours prior to the meeting at 808.587.0404 so that arrangements can be made.

In some of the matters before the Board, a person may wish to request a contested case hearing. If such a request is made before the Board’s decision, then the Board will consider the request first – before considering the merits of the item before it. A person who wants a contested case may also wait until the Board decides the issue, then request the contested case after the decision. It is up to you. Any request must be made in writing within ten days. If no request for contested case is made, the Board will make a decision. The Department will treat the decision as final and proceed accordingly.

A. MINUTES

1. Request Approval for the meeting minutes for June 12, 2020.

2. Request Approval for the meeting minutes for June 26, 2020.

 

D. LAND DIVISION

1. Consent to Amend Sublease under General Lease No. S-3742, JH Moku Ola, LLC, Lessee, to Maui Varieties Investments, Inc., Sublessee, Waiakea Industrial Lots, Waiakea, South Hilo, Hawai’i, Tax Map Key: (3) 2-2-058:014.

2. Grant of a Perpetual Non-Exclusive Utility Easement to Hawaiian Electric Company, Inc. and Issuance of Immediate Right-of-Entry; Honolulu, Oahu, Tax Map Key: (1) 1-1-003: Portion of 004.

3. Amend Prior Board Action of May 26, 2017, Item D-7, Consent to Assign General Lease No. S-4892, from Thomas H. Kaaiai and Joan A. Kaaiai as Assignors to Thomas H. Kaaiai, Joan A. Kaaiai, Guy A. K. Kaaiai, Dale L. Kaaiai, Lane Kaaiai, and Nohl-Dayne H. N. Kaaiai, Joint Tenants, as Assignees; Maunalaha, Honolulu, Oahu, Tax Map Key: (1) 2-5-024:021.

Mutual Cancellation of General Lease No. S-4906; Guy A. K. Kaaiai, Dale L. Kaaiai, Lessee; Maunalaha, Honolulu, Oahu, Tax Map Key: (1) 2-5-024:022.

The purpose of this amendment is to seek Board’s authorization to replace the assignors with Lane Kaaiai, in the capacity of the Personal Representative of the Estate of Thomas H. Kaaiai, aka Thomas Hauola Kaaiai, Sr.

E. DIVISION OF STATE PARKS

1. Request Approval for Final Adoption of Proposed Amendments and Compilation of Hawai‘i Administrative Rules (HAR) Chapter 13-146, Section 13-146-6 (Fees), for Fee Increases to

State Park Camping, Lodging, and Pavilion Rental Fees, Parking and Entrance Fees for Designated State Park Areas after Public Hearing.

The Proposed Rules Can Be Reviewed in Person at The Division of State Parks, O‘ahu District Office, 1151 Punchbowl Street, Room 310, Honolulu, Hi 96813 From 8:00 AM To 3:30 PM , Monday Through Friday, Except State Holidays.

The Current and Proposed Versions of HAR Section 13-146-6 can be reviewed online at:

Https://DLNR.Hawaii.Gov/Dsp/Administrative-Rules/ Via the Lieutenant Governor’s Website At:

Http://Ltgov.Hawaii.Gov/The-Office/Administrative-Rules/

and

HTTPS://DLNR.HAWAII.GOV/DSP/FILES/2020/01/PARKING-AND-ENTRANCE-FEES-DRAFT-5-RAMSEYER-FORMAT-VRS-SBRRB-JANUARY-2020-EXHIBIT-A.PDF.

Https://Dlnr.Hawaii.Gov/Dsp/Files/2020/01/Parking-And-Entrance-Fees-Draft-5-Ramseyer-Format-Vrs-Sbrrb-January-2020-Exhibit-A.Pdf

F. DIVISION OF AQUATIC RESOURCES

1. Request for Authorization to Issue a Papahānaumokuākea Marine National Monument Conservation and Management Permit to Mr. Andrew Rocheleau, Sea Engineering, Inc., for Access to State Waters to conduct salvage activities at Lisianski Island.

2. Request for Approval to Hold a Public Meeting and Hearing to Amend and Compile Chapter 13-34, Hawaii Administrative Rules, Pūpūkea Marine Life Conservation District; to Amend: §13-34-1 (Boundaries) to Provide More Accurate GPS Coordinates and Boundary Descriptions; §13-34-1.1 (Definitions) to Clarify and Update Definitions Including “Limu Lipeʻepeʻe”; §13-34-2 (Prohibited activities) to Prohibit the Feeding of Marine Life; §13-34-3 (Permitted activities) to §13-34-4 (Exceptions; permits) for Grammatical and Technical Amendments; §13-34-5 (Penalty) to Clarify the types of Penalties Authorized by Statute for Violations of this Chapter; to Adopt §13-34-6 (Asset Forfeiture) to Provide Notice of the State’s Authority to Utilize Civil Asset Forfeiture as an Enforcement Tool for Violations of this Chapter; Located at Pūpūkea, Koʻolauloa, Oʻahu, Hawaiʻi [Testimony]

The Rules can be reviewed online at http://dlnr.hawaii.gov/dar/rules-and-public-notices/ or can be reviewed or obtained in person, by appointment only, at the Division of Aquatic Resources (DAR) office on Oahu at 1151 Punchbowl St. Room 330, Honolulu, Hawaii 96813 from 8:00 am to 3:30 pm, Monday through Friday, except Holidays.

3. Informational Briefing on Final Management Plan for the Hawaii Islands Humpback Whale National Marine Sanctuary. (Non-Decision-Making Item) [Presentation]

 

 

G. BUREAU OF CONVEYANCES

1. Request for Approval to Continue “Information Services”. Board approval for the Bureau of Conveyances (BOC) to continue offering “information services” to customers for a fee, develop and offer new services for a fee, and to establish or change fees as appropriate for “information services” in accordance with Hawaii Administrative Rules (HAR) 13-16-32.

 

 
J. DIVISION OF BOATING AND OCEAN RECREATION

1. Amend Prior Board Action of June 12, 2020, Item J-1, Renewal of Revocable Permits on the Island of Oahu, Maui, Hawaii and Kauai. The Purpose of the Amendment is to Change two of the Revocable Permittees Annual Rent on the Board Submittal’s Exhibit E, for Keahole Point Fish LLC, (Island of Hawaii) from $160.00 to $2,016.00, Cordula Incorporated (Island of Hawaii) from $46.00 to $552.00.

2. Response to Testimony Received by Sylva Rivera at the July 10, 2020 Board Meeting, Item J-4, Alleging That GKM, Inc. Engaged in Illegal Fuel Storage, Fuel Sales, and Caused Fuel Spills Within the Honokohau Small Boat Harbor, Hawaii; Alleged Environmental Crimes Were Committed by GKM, Inc. [Testimony]

 

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Proposed Memorandum of Understanding between the State of Hawaii, Department of Land and Natural Resources, by its Board of Land and Natural Resources and the Waikiki Beach Special Improvement District Association to Help Fund Phase II of the Waikiki Beach Maintenance Project & Amendment to Condition #4 of Conservation District Use Permit OA-3558 for the Waikiki Beach Maintenance Project to Allow up to 20,000 Cubic Yards of Sand Recovery and Placement at Waikiki, Oahu, Hawaii. [ MOU – Beach Nourishment ]

 

M. OTHERS

1. Issuance of a Revocable Permit for a T-Hangar for Storage and Maintenance of Aircraft, Bruce and Sheri Yamashita, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-76: Portion of 22.

2. Amend Prior Board Action of January 12, 2018, Agenda Item M-8, Grant of a Term, Non-Exclusive Easement and Issuance of a Temporary Right-of-Entry Permit to Servco Pacific Inc. for Access Purposes, Situate at Mokauea, Kalihi, Honolulu, Oahu, Hawaii, Tax Map Key No: (1) 1-2-025:002 (Portion).

3. Issuance of a Revocable Permit for Parking and Construction Equipment Storage for the Rail Transit Project, Shimmick/Traylor/Granite, JV, 2919 Ualena Street, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-004: 012.

4. Issuance of a Revocable Permit for Construction Material Storage and Equipment Staging, Watts Constructors, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-4: 03 (Portion).

5. Report to the Board on the status of DOT Airports of qualified fixed-base operator leases at Lihue Airport. (Non-Action Item)

6. Dedication of Land to the Department of Transportation, Highways Division, for Highway Purposes, relating to Haleakala Road Federal Aid Project (FAP) No. 5B, situate at Kehuna, Kula, Maui, Hawaii, Regarding Tax Map Key: (2) 2-2-3-011-132.

7. Request for (1) Temporary Construction Right-of-Entry to the Department of Transportation, Highways Division, for Highway Purposes, relating to Kaumualii Highway, Eleele Pedestrian Overpass Repairs, Project No. 50C-01-19M, at Eleele, Koloa, Island of Kauai, State of Hawaii, Tax Map Key No: (4) 2-1-13: Portions of 023.

8. Consent to Issuance of a Revocable Permit under Governor’s Executive Order No. 4236 to Honolulu Civil Beat Inc. at the State Capitol, 415 S. Beretania Street, Basement (Chamber Level), Honolulu, Hawaii 96813, Tax Map Key: (1) 2-1-024-015 & 016.