Department of Land and Natural Resources

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

                                    DATE:            FRIDAY, June 26, 2020

                                    TIME:              9:00 A.M.

                                    PLACE:           YouTube 

https://www.youtube.com/channel/UCvFwARB6RhS5CLnaALNif3w

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 public can listen to the meeting via audio live stream at:

https://www.youtube.com/channel/UCvFwARB6RhS5CLnaALNif3w.

Interested persons can submit written testimony in advance of the meeting, which will be distributed to Board members prior to the meeting. We request that testimony be submitted not later than 24 hours prior to the meeting to ensure time for Board members to review it. Submit written testimony to: [email protected].

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 April 24, 2020.

 

C. DIVISION OF FORESTRY AND WILDLIFE

1. Request for Delegation of Authority to the Chairperson to Enter into a Memorandum of Agreement with the National Oceanic and Atmospheric Administration to conduct a Marine Debris Cruise in the Papahānaumokuākea Marine National Monument.

D. LAND DIVISION

1. Grant of Perpetual, Non-Exclusive Easement to the United States of America, Army Corps of Engineers for Drainage and Flowage Purposes and Issuance of Right-of-Entry Permit; Moanalua, Honolulu, Oahu, Tax Map Key: (1) 1-1-006: portion of 013.

E. DIVISION OF STATE PARKS

1. Request to Approve License of Federal Property from the United States of America to Division of State Parks for State Park Purposes, at Makua, Waianae, and O’ahu, Tax Map Key Nos.: (1) 8-1-001:001, 002, 009, 010 and (1) 8-2-001:002, 009, 010.

2. Amend Prior Board Action of January 10, 2020, Item E-1 for Selection of Projects for Federal Grant Awards through the Land and Water Conservation Fund Program with Fiscal Years 2017 and 2018 Funds.

The Purpose of the Amendment is to Add Russian Fort Elizabeth State Historical Park, Waimea, Kaua‘i as an LWCF Funded Project.

3. INTENTIONALLY LEFT BLANK

4. Request the Continuation of Right-Of-Entry and Revocable Permit to Honolulu Seawater Air Conditioning, LLC, for Roadway Access and for Construction and Staging Area Purposes, Sand Island, Honolulu, O’ahu, Tax Map Key: (1) 1-5-041:006 (Portion

5. Authorize the Department of Land and Natural Resources, Division of State Parks to Directly Negotiate a Ten-Year Lease with Hawai’i Softball Foundation, an Eleemosynary Organization, for Outdoor Recreation and Maintenance Purposes at Sand Island State Recreation Area (SISRA), Honolulu, O’ahu, Hawai’i, Tax Map Key: (1) 1-5-041:006 and 022 (Portion):

and

Request Approval of Declaration of Exemption from Chapter 343, Hawai’i Revised Statutes, Environmental Compliance Requirements for the subject project [Testimony]

F. DIVISION OF AQUATIC RESOURCES

1. Request for Authorization and Approval to Issue a Papahānaumokuākea Marine National Monument Special Ocean Use Permit to Mr. Kevin Bachar, Pangolin Pictures, PBS, for Access to State Waters to Conduct Filming Activities.

2. Request for Authorization and Approval to Issue Papahānaumokuākea Marine National Monument Conservation and Management Permit to Ms. Michelle Lino, NOAA Fisheries. Pacific Islands Fisheries Science Center, for Access to State Waters to conduct Hawaiian Monk Seal Management and recovery actions, inclusive of the removal of individual sharks at FFS displaying predatory behavior towards pups.

3. Informational Briefing: Five-year Update on the Hā‘ena Community-Based Subsistence Fishing Area (Non-Decision Making Item)

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Continuation of Revocable Permit No. S-5407 to Kaneohe Yacht Club, for Recreational Boat Pier Purposes, Located in Kaneohe Bay, Kaneohe, Koolaupoko, Oahu, Tax Map Key: (1) 4-4-022:032-A (seaward of Parcel);

and

Declare the Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules.

2. Issuance of a Right-of-Entry Permit to Maui Nui Marine Resource Council, Inc., for Oyster Water Quality Bioremediation Pilot Program Purposes at Maalaea Small Boat Harbor, Maalaea, Wailuku, Maui, Hawaii, Tax Map Key: (2) 3-6-001:002 (Portion);

and

Declare Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules. 

3. Sale of Lease at Public Auction for Commercial Purposes, Ke’ehi Small Boat Harbor, Kaliawa and Mokauea, Kalihi, Honolulu, Oahu, Hawaii Tax Map Keys: (1) 1-2-025:043, :023, :022 (Portion); (1) 1-2-023:038 and :032 (Portion);

and

 
Declare that, after considering the Potential Effects of the Proposed Project as provided by Chapter 343, HRS, and Chapter 11-200.1, HAR, this Project will probably have minimal or No Significant Effect on the Environment and is therefore Exempt from the Preparation of an Environmental Assessment.

4. Sale of Lease at Public Auction for Commercial Purposes, Waianae Small Boat Harbor, Waianae-Kai, Waianae, Oahu, Hawaii Tax Map Key: (1) 8-5-002:044 (Portion);

and

Declare that, after considering the potential effects of the Proposed Project as provided by Chapter 343, HRS, and Chapter 11-200.1, HAR, this Project will probably have minimal or No Significant Effect on the Environment and is therefore Exempt from the Preparation of an Environmental Assessment.

5. Approve Installation of an Offshore Mooring Outside of an Established Offshore Mooring Area, Keauhou Bay, Kailua-Kona, Island of Hawaii, Hawaii, for William Murtagh.

6. Reconsideration of Prior Action and Denial of Petitions for Contested-Case Hearing Filed on behalf of Jonas Ikaika Solliday and Pacific Marine Partners LLC with Respect to Item J-1, May 22, 2020:

Termination of Boating Lease No. LH-19-002, Pacific Marine Partners LLC, Lessee, Honokohau Small Boat Harbor, North Kona, Hawaiʻi, Tax Map Key: (3) 7-4-008:003 (Portion). [Testimony]

Note: An Executive Session is anticipated for the purpose of the Board consulting with its Attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Conservation District Use Application (CDUA) OA-3859 by the City and County of Honolulu, Department of Design and Construction for the Kawailoa Road Drainage Improvements Project at Kailua Beach Park, Kailua, Oahu, Tax Map Key parcels: (1) 4-3-010:088, 010:084, 009:001, and seaward.

M. OTHERS

1. Issuance of a Revocable Permit for Temporary Storage Space, Boingo Wireless, Inc., Daniel K. Inouye International Airport, Tax Map Key No: (1) 1-1-003: 001 (Portion).

2. Issuance of a Revocable Permit for Vehicle and Equipment Storage, Meadow Gold Dairies Hawaii, LLC, Kapalama Military Reservation, Daniel K. Inouye International Airport, Tax Map Key No: (1) 1-2-025: 108 & 109 (Portions).

3. Issuance of a Revocable Permit for Construction Material Storage and Equipment Staging, Watts Constructors, LLC, Daniel K. Inouye International Airport, Tax Map Key No: (1) 1-1-070: 007, 043, 045 (Portions).

4. Issuance of a Revocable Permit for Terminal Office Space, Avairpros Services, Inc., Kahului Airport, Tax Map Key No: (2) 3-8-001: Portion of 226.

5. Issuance of Revocable Permit for Aircraft Parking, Hawaiian Airlift Company LLP, Kahului Airport, Tax Map Key No: (2) 3-8-001: Portion of 019.

6. Issuance of a Revocable Permit for a General Aviation Hangar for Commercial Helicopter Tour Operations, Helicopter Consultants of Maui, LLC, Kahului Airport, Tax Map Key No: (2) 3-8-001: Portion of 215.

7. Issuance of a Revocable Permit for Check-In Counter and Office Space for Commercial Helicopter Tour Operations, Helicopter Consultants of Maui, LLC, Hilo International Airport, Tax Map Key No: (3) 2-1-012: Portion of 009.

8. Issuance of a Construction Right-of-Entry and Lease to Sea Engineering, Inc., for Fast Lands and a Month-to-Month Revocable Permit for certain adjacent Submerged Lands at and adjacent to Pier 27, Honolulu, Harbor, Oahu, Tax Map Key No. (1) 1-5-038: Portions of 001 Lot 25 (Land Court Consolidation Section Map 12) of Fast and Submerged Lands.

9. Authorizing the Department of Transportation (DOT) to Approve Revocable Permit HY-20-152 at Interstate Highway, Project No. 1-HI-1(23), Airspace Parcel Cat Pele Street to Keeaumoku Street, Honolulu, Oahu, Hawaii, Tax Map Key: (1) 2-4-011:114

 

 

The public can listen and view the live stream of the meeting via the link below on YouTube: https://www.youtube.com/channel/UCvFwARB6RhS5CLnaALNif3w.

Interested persons can submit written testimony or request to present testimony during the meeting no later than 24-hours (May 21, 2020, 9:00 am), in advance of the meeting, written testimony will be distributed to Board members prior to the meeting.

To submit written or to be put on the list for live video testimony please email your request to: [email protected].

 

Note:     If your request is to participate during the meeting to offer public testimony, include your email, full name and Item number, phone number and a confirmation will be sent to you with instructions and the meeting link.

Meeting materials are available for public review in advance of the meeting on our Website:

https://www.dlnr.hawaii.gov/meetings

INDIVIDUALS REQUIRING SPECIAL ASSISTANCE OR AUXILIARY AIDS OR SERVICES (e.g., sign language interpreter) DURING THE LIVE YOUTUBE ON-LINE MEETING, PLEASE CONTACT STAFF AT LEAST 72-HOURS PRIOR TO THE MEETING AT (808) 587-0404 SO THAT ARRANGEMENTS CAN BE MADE.

 

Protocol for Testifying before the BLNR:

Interested persons can submit written testimony in advance of each meeting that will be distributed to Commissioners/Board Members prior to the meeting. Written testimony must be submitted no later than 24 hours prior to the meeting to ensure time for Commissioners/Board Members to review it. Submit written testimony to: [email protected].

Written testimony will be acknowledged at the meeting.

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 you would like to testify on live during the meeting. Once your request has been received, you will receive a 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.

Public testimony will be taken when each agenda item is discussed. You can monitor meeting progress via YouTube livestream at this link: https://www.youtube.com/channel/UCvFwARB6RhS5CLnaALNif3w

 

Testifiers will be called on by the Chair to offer testimony. Until that time, you will be placed in a “Waiting Room”. While waiting to provide testimony, you will need to mute your microphone and turn off your video. When it is your turn to speak, you will be given full access to the meeting. At that time, if you are watching the YouTube livestream, you will need to mute the YouTube livestream to avoid feedback.

When testifying, please state your first and last name for the record.  If you are testifying on behalf of an organization, please include the name of the organization as well.

Testimony will be limited to a maximum of three (3) minutes. You will be given notice when 30 seconds remain. If you continue to testify beyond your allotted time, the Chair will kindly ask you to complete your testimony.

If you have submitted written testimony and have also signed up to deliver it orally, the Chair will ask you to kindly summarize your points.

When you have finished testifying, you will be put back in the “Waiting Room”. Please stay there until your agenda item is complete in case Commissioners/Board Members have questions.

Staff will be monitoring people joining the Board meeting by video and will do their best to take each person in an orderly fashion. Please be patient as we continue to navigate this new platform.