Land Board Submittals – 08/25/17

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

 

DATE:       FRIDAY, AUGUST 25, 2017

TIME:       09:30 A.M.

PLACE:   KALANIMOKU BUILDING

                LAND BOARD CONFERENCE ROOM 132

                1151 PUNCHBOWL STREET

                HONOLULU, HAWAII 96813

 

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 orally by the end of the meeting and followed up 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 of Meeting Minutes from April 28. 2017

 

D.  LAND DIVISION

  1. Issuance of Right-of-Entry Permit to Kaiaulu Papaloa onto State Lands to Conduct Studies and Surveys for an Environmental Assessment, Kapaʻa Homesteads, 1st & 3rd Series, Kawaihau, Kauaʻi, Tax Map Key: (4) 4-6-008:001 & 059, and 4-6-009:028 & 045.

 

  1. Amend Prior Board Action of February 24, 2017, item D-5, Consent to Sublease General Lease No.   S-3961, Hilo Hawaiian Associates, Inc., dba Hilo Hawaiian Hotel, as Sublessor; to Banyan Mini Mart LLC, Banyan Gallery, KHNL/KGMB, LLC, as Sublessees, Waiākea, South Hilo, Hawaiʻi, Tax Map Key: (3) 2-1-003:005.
      
     
    The purpose of this amendments is to: 1) reflect the correct the name of Sublessee “Banyan Mini Mart LLC” as “Sang Keun Yoon, dba Banyan Mini Mart LLC”;   2) reflect the correct sublease term for Sang Keun Yoon, dba Banyan Mini Mart LLC as July 1, 2015 to June 30, 2020; 3) reflect the correct sublease rent for Sublessee Sang Keun Yoon, dba Banyan Mini Mart LLC as $1,543.50/month;    4) reflect the correct name of Sublessee “Banyan Gallery” as “Jelena K. Clay, dba Banyan Gallery”; 5) authorize the sublease to KHNL/KGMB, LLC for television broadcasting       station purposes with a portion of the rooftop used for the maintenance of a transmitting tower, and 6) accept the signature of Rick Blangiardi on the sublease document as an authorized signatory for Sublessee KHNL/KGMB, LLC.

 

  1. Issuance of Right-of-Entry Permit to Hawaii Explosives & Pyrotechnics, Inc. for Aerial Fireworks Display at Duke Kahanamoku Beach on October 9, November 4 and December 31, 2017, Waikīkī, Honolulu, Oʻahu, Tax Map Key: (1) 2-3-037:021 Portion.

 

  1. Issuance of Right-of-Entry Permit to Hawaii Explosives and Pyrotechnics, Inc. for Aerial Fireworks Display on December 31, 2017 at the beach fronting Kahala Hotel, Waiʻalae, Honolulu, Oʻahu, Tax Map Key: (1) 3-5-023: seaward of 041.

 

  1. Grant of Term, Non-Exclusive Easement to University of Hawaii for Pier Purposes, Kaneʻohe, Koʻolaupoko, Oʻahu, Tax Map Key (1) 4-6-001: seaward of 015.

    Amend Prior Board Actions of July 30, 2004, Item D-28, as amended by Action of February 25, 2005, Item D-4, Set Aside to University of Hawaii for Pier Purposes, Kaneʻohe, Koʻolaupoko, Oʻahu TMK (1) 4-6-001:015 seaward.  The amendment is to remove all reference to either set aside or direct lease.

 

  1. Issuance of Right-of-Entry Permits to Hawaii Explosives & Pyrotechnics, Inc. for Aerial Fireworks Display on Encumbered State lands off Ko ʻOlina Beach on October 2, November 4, and December 31, 2017, Honoʻuliʻuli, ʻEwa, Oʻahu, Tax Map Key: (1) 9-1-057: seaward of 006.

 

  1. Grant of Perpetual, Non-Exclusive Easement to Hawaiki Submarine Cable USA, LLC for Submarine Communication Cable Purposes on State Submerged Lands; Issuance of Immediate Construction Right-of-Entry Permit; off Kapolei, ʻEwa, Oʻahu, Tax Map Key: (1) 9-2-049: seaward of 001.

 

  1. Annual Renewal of Revocable Permits on the Island of Oʻahu.  See Exhibit 2 for list of Revocable Permits.

  

  1. Amend Prior Board of Land and Natural Resources action of May 8, 2015, under Agenda Item D-8: “Amend prior Board of Land and Natural Resources action of August 10, 1990, under agenda item F-7, as amended: Direct Sale of a Perpetual, Non-Exclusive Easement for Repair and Maintenance of Existing Seawall Seaward of and Fronting Tax Map Key: (2) 3-9-11:7 and 8; Waiohuli- Keōkea Homesteads and Beach Lots; Waiohuli-Keōkea (Kīhei), Wailuku, Maui, Hawaiʻi.  The purpose of the amendment is to change the applicant requesting the easement as to Parcel 8 to the Association of Owners of 1688 Halama Street Condominium (Association), include an exemption notification under Hawaii Revised Statutes Chapter 343, amend the term of the easement from perpetual to 65 years, include requirements that the Association obtain a concurrent resolution from the Legislature for the issuance of the easement and provide an updated survey map, and authorize the issuance of an immediate right of entry to the Association.”

     
     
    The purposes of this amendment are to 1) divide the approved easement area from one easement seaward of TMK (2) 3-9-011:008 into two separate easements seaward of TMK (2) 3-9-011:008 CPR 0001 and CPR 0002, respectively, 2) approve an additional term, non-exclusive easement seaward of TMK (2) 3-9-011:008 CPR 0002 for seawall and landscaping purposes, and 3) change the applicant requesting the easements for TMK (2) 3-9-011:008 CPR 0002 to Reconstruct Holdings USA, Inc.

 

  1. Grant of Term, Non-Exclusive Easement to Kahanu Family Limited Partnership for Seawall Purposes, Kūʻau, Hāmākuapoko, Maui, Tax Map Key: (2) 2-6-010: Seaward of 017.

 

 

 E.  STATE PARKS

  1. Establish a Volunteer Agreement with Hika‘alani at Ulupō Heiau State Historical Park, Kūkanono, Kailua, Ko‘olaupoko, O‘ahu, TMK: (1) 4-2-103:018 and 4-2-103:038 Portion.

     

 

J.  DIVISION OF BOATING & OCEAN RECREATION

  1. Issuance of Revocable Permit, to Nāwiliwili Yacht Club, Nāwiliwili Small Boat Harbor, Nāwiliwili, Island of Kaua‛i, Hawai‛i. Tax Map Key: (4) 3-2-03:043 Portion 
     
    And
     
    Request Approval of Declaration of Exemption to Chapter 343, Hawaii Revised Statutes for the project.

 

 

K.  OFFICE OF CONSERVATION AND COASTAL LAND

  1. Conservation District Use Application (CDUA) OA-3799 Regarding the Hawaiki Submarine Cable Kapolei Landing Project by the Hawaiki Submarine Cable USA, LLC, Located in the Ewa District, Island of O’ahu, on Submerged Lands of the State, seaward (makai) if Tax Map Key: (1) 9-2-049:0011. [Exhibit]

 

 

L.  ENGINEERING DIVISION

  1. Appointment of Joseph A. Para III to Serve as a Director of the West Oahu Soil and Water Conservation District.

 

M.  OTHERS

  1. Issuance of a Revocable Permit for Service Counters, Galaxy Tour Incorporated, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 195 Portion.

 

  1. Issuance of a Revocable Permit for Aircraft Parking, North Shore Aviation L.L.C., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-76: Portion of 23.

 

  1. Issuance of a Revocable Permit for Aircraft Parking, Lani Lea Sky Tours LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-76: Portion of 23.

 

  1. Issuance of a Revocable Permit for a T-Hangar for Storage and Maintenance of Aircraft, Raja Segaran and Anne P. Arulappen, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-76: Portion of 22.

  2. Issuance of a Revocable Permit for Aircraft Parking, Hawaii Glider and Sailplane Academy, LLC, Kawaihapai Airfield, Waialua, Hawaiʻi, Tax Map Key: (1) 6-8-14:001 Portion.

 

  1. Issuance of a Revocable Permit for a Sail Plane Hangar for Storage and Maintenance of Aircraft, Hawaii Glider and Sailplane Academy, LLC, Kawaihapai Airfield, Waialua, Hawaiʻi, Tax Map Key: (1) 6-8-014: 001 (Portion) and (1) 6-8-014: 018 Portion.

 

  1. Amendment No. 4 to Concession Agreement No. DOT-A-11-0005, for the Purpose of Additional Space for Storage Use, DFS Group L.P. Retail Concession, Kahului Airport, Tax Map Key: (2) 3-8-01-24.

 

  1. Issuance of a Revocable Permit for Office Spaces to Support its Aircraft Maintenance Operation, Main Terminal Building, Hawaiian Airlines, Inc., Hilo International Airport, Tax Map Key: (3) 2-1-12: Portion of 90.

 

  1. Issuance of a Revocable Permit for Ramp Space to Park Helicopters, Jack Harter Helicopters, Inc., Līhuʻe Airport, Tax Map Key: (4) 3-5-01: Portion of 8.

 

 

 

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

TO BE PLACED ON THE MOVE UP AGENDA, PLEASE SIGN IN BY 8:45 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://dlnr.hawaii.gov/meetings/

INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS (i.e., large print materials, sign language interpreters) AT THE BLNR MEETING, ARE ASKED TO CONTACT THE CHAIRPERSON’S OFFICE AT (808) 587-0400 AT LEAST THREE DAYS IN ADVANCE OF THE MEETING.

 

Public Testimony:

The Sunshine Law gives the public the opportunity to submit testimony but it is your responsibility to submit written testimony in a timely manner.  To give Board members sufficient time to consider written testimony, please submit the testimony no later than 24 hours prior to the board meeting.

Any late written testimony will be retained as a part of the record, but we cannot assure that Board members will receive it with sufficient time for review prior to decision-making.

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

TO BE PLACED ON THE MOVE UP AGENDA, PLEASE SIGN IN BY 8:45 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://dlnr.hawaii.gov/meetings/

If you require special assistance or auxiliary aids or services to participate in the public hearing process (i.e. sign language interpreter, wheel chair accessibility, or parking designated for the disabled) please contact staff at least 72 hours prior to the meeting so arrangements can be made: 587-0400.
 

Public Testimony:

The Sunshine Law gives the public the opportunity to submit testimony but it is your responsibility to submit written testimony in a timely manner. To give Board members sufficient time to consider written testimony, please submit the testimony no later than 24 hours prior to the board meeting.

Any late written testimony will be retained as a part of the record, but we cannot assure that Board members will receive it with sufficient time for review prior to decision-making.