Department of Land and Natural Resources

Land Board Submittals – 01/22/21

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

DATE: FRIDAY, January 22, 2021

TIME: 9:00 A.M.

LOCATION: Online via ZOOM, Livestream via YouTube

Meeting materials are available for public review in advance of the meeting at:
https://www.dlnr.hawaii.gov/meetings

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:
https://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. MEETING MINUTES
1. Approval of the Meeting Minutes for November 13, 2020.

C. DIVISION OF FORESTRY AND WILDLIFE
1. Approve grant awards from available funds in the Land Conservation Fund, as requested in applications to the Fiscal Year 2021 Legacy Land Conservation Program and as recommended by the Legacy Land Conservation Commission, for the acquisition of interests and rights in specific parcels of land having value as a resource to the State, for:
A. Ke Ao Hāli’i (Save the Hāna Coast), $1,581,700, for the acquisition of approximately 30.3 acres at Hāna, Maui (Maka’alae Lands), Tax Map Key Numbers (2) 1-4-012:002 and (2) 1-4-010:030, :032, and :034

B. Ala Kahakai Trail Association, $1,475,000, for the acquisition of approximately 1,841.3 acres at Ka’ū, Hawai’i (Kiolaka’a), Tax Map Key Numbers (3) 9-4-001:008, :009, :016, and :017 (and :023, pending final county enrollment of new parcel)

C. Ala Kahakai Trail Association, $875,000, for the acquisition of approximately 348 acres at Ka’ū, Hawai’i (Manāka’a Fishing Village), Tax Map Key Number (3) 9-5-010:026

D. Ke Ao Hāli’i (Save the Hāna Coast), $1,863,300, for the acquisition of approximately 32.7 acres at Hāna, Maui (Mokae Lands), Tax Map Key Numbers (2) 1-4-010:008, :009, :010, and :012

E. Molokai Land Trust, $1,100,000, for the acquisition of approximately 1,816 acres at Kona, Molokai (Mapulehu: Valley to Summit), Tax Map Key Numbers (2) 5-7-005:002 and :027

F. Division of Forestry and Wildlife, $2,000,000, for the acquisition of approximately 11,020 acres at Wailuku, Maui (Nā Wai ‘Ehā), Tax Map Key Numbers (2) 3-2-014:001, (2) 3-3-003:003, and (2) 3-5-003:001

G. Division of Forestry and Wildlife, $500,000, for the acquisition of a conservation easement over approximately 2,780 acres at Kona, Hawai’i (Hāloa ‘Āina – Royal Hawaiian Sandalwood), Tax Map Key Numbers (3) 7-9-001:013, :014, and :015

H. Waipā Foundation, $600,000, for the acquisition of approximately 0.25 acres at Halele’a, Kaua’i (Halulu Fishpond Access), Tax Map Key Number (4) 5-6-004:017

I. Hawaiian Islands Land Trust, $700,000, for the acquisition of a conservation easement over approximately 17.1 acres at Ko’olaupoko, O’ahu (Waikalua Loko I’a), Tax Map Key Number (1) 4-5-030:052 (por)

J. Division of Forestry and Wildlife, $1,191,500, for the acquisition of approximately 0.46 acres at Honua’ula, Maui (Keone’ō’io Bay Coastal Protection), Tax Map Key Number (2) 2-1-004:068
and
Exempt eight proposed awards of grant funds—for the acquisition of interests and rights in specific parcels of land, identified as Items A, B, C, D, E, F, G, and J above (Maka’alae Lands; Kiolaka’a; Manāka’a Fishing Village; Mapulehu: Valley to Summit; Nā Wai ‘Ehā; Hāloa ‘Āina – Royal Hawaiian Sandalwood; and Keone’ō’io Bay Coastal Protection)—from the requirements to prepare an environmental assessment, pursuant to Chapter 343, Hawai’i Revised Statutes, and Chapter 11-200.1, Hawai’i Administrative

[Testimony] [Late Testimony]

2. Request for delegation of authority to the Chairperson to Enter into a Memorandum of Understanding with Hui O Koʻolaupoko to assist with invasive mangrove removal and other resource management at the Kawainui Marsh State Wildlife Sanctuary, Kailua, Ko‘olaupoko, O‘ahu; Tax Map Key Nos.: (1) 4-2-016: 002 & 015,

and

Request for Declaration of Exemption from preparation of Environmental Assessment under HRS Chapter 343 and HAR Chapter 11-200.1.

D. LAND DIVISION
1. Amend Prior Board Action of April 9, 2020, Item D-2, Amend Prior Board Action of June 8, 2018, Item D-1, Issuance of Direct Lease to the Roman Catholic Church in the State of Hawaii, Saint Theresa School, for Parking Purposes, Kekaha House Lots, Kekaha, Waimea, Kauai, Tax Map Keys: (4) 1-3-004: 054, and (4) 1-3-011: 001.

The purpose of the prior amendment was to expand the character of use to include temporary storage and school events.
The purpose of the current amendment is to include an immediate Management and Construction Right-of-Entry Permit to allow the Roman Catholic Church in the State of Hawaii, Saint Theresa School, to conduct maintenance activities and erect a security fence to restrict the unauthorized dumping of abandoned vehicles and trash upon the premises.

2. Amend Prior Board Action of November 13, 2020, Item D-5, Amend Prior Board Action of February 23, 2018, Item D-2, Grant of Term, Non-Exclusive Easement to the County of Kauai, Department of Public Works (COK DPW), for its Lihue Town Core Mobility and Revitalization Project [FAP No. TGR-0700(073)], Kalapaki, Lihue, Kauai, Tax Map Keys: (4) 3-6-002: 021 & 022; and Issuance of an Immediate Management and Construction Right-of-Entry to COK DPW for Proposed Lihue Town Core Mobility and Revitalization Project, Kalapaki, Lihue, Kauai, Tax Map Key: (4) 3-6-002: 021 & 022.

The purpose of the prior amendment was to: 1) change the duration of the easement from term to perpetual, and 2) to correct the description of the easement Character of Use to read, “Right, privilege and authority to construct, use, maintain and repair an easement over, under and across State-owned land for shared-use path purposes.

The purpose of the current amendment is to increase the area being utilized under Easement 1 from 6,500 square feet to 9,115 square feet, and increase the area being utilized under Easement 2 from 400 square feet to 790 square feet.

3. Mutual Cancellation of Revocable Permit No. S-7536 to Wallace Ah Fook Aki for Residential Purposes and Waiver of Phase 1 Environmental Site Assessment, Waiakea, South Hilo, Hawai‘i, Tax Map Key No.: (3) 2-1-007: 020.

4. Consent to Assign General Lease No. S-3596, Loke M. Hill-Higgins, Personal Representative of the Estate of Lesley Hill, Deceased, Assignor, to Paradise Plants Home and Garden Center LLC, Assignee, Waiakea, South Hilo, Hawai‘i, Tax Map Key No.: (3) 2-2-049: 011.

5. Grant of Term, Non-Exclusive Easement to Association of Apartment Owners of Wailea Elua for Beach Access Stairway Purposes; Issuance of Immediate Management Right-of-Entry Permit, Wailea, Maui, Tax Map Key No.: (2) 2-1-008: 069 (seaward).

6. Intentionally Left Blank.

7. Intentionally Left Blank.