Land Board Submittals – 02/12/21

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

                                    DATE:            FRIDAY, February 12, 2021

                                    TIME:              9:00 A.M.

                                    LOCATION:   Online via ZOOM, Livestream via YouTube 

 

02/11/21 – Item J-2, D-6 withdrawn.

 

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 December 11, 2020.

 

C.       DIVISION OF FORESTRY AND WILDLIFE

  1. Request to conduct a Public Hearing regarding an expansion of .75 acres to the Kaʽena Natural Area Reserve, Waialua, Oʽahu, Tax Map Key: (1) 6-9-002:012.
     
  2. Request to conduct a Public Hearing regarding a set aside of 300 acres as the Pia Natural Area Reserve, Oahu, Tax Map Key: (1) 3-7-03:003. 

 

D.       LAND DIVISION

  1. Forfeiture of Revocable Permit No. S-6931, Kent S. Kaneko, Sr. dba Kent’s Auto Repair, Permittee, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-2- 050:080.
      
  2. Cancellation of Revocable Permit No. S-7708 to Manuel C. Rapozo, III and Issuance of Month-to-Month Revocable Permit to Peter N. Abarcar, Jr. and Lisa A.R. Abarcar for Pasture Purposes; Kalopa Homesteads, Hamakua, Hawaii, Tax Map Keys: (3) 4-4-003:003 portion and 047.
     
  3. Cancellation of Two Easements for Waterline Purposes to State of Hawaii Department of Agriculture; and Grant of Two Term, Non-Exclusive Easements to the State of Hawaii Department of Agriculture for Waterline Purposes, Kamehamenui and Kealahou 3 & 4, Kula, Makawao, Maui, Tax Map Key: (2) 2-3-005:002.
     
  4. Issuance of Revocable Permit to the Association of Apartment Owners of Kulakane to Repair a Seawall, Mahinahina, Lahaina, Maui, Tax Map Key: (2) 4-3-006: Seaward of 011.
     
  5. Grant of Perpetual, Non-Exclusive Easement to Hawaiian Electric Company, Inc. for Utility Purposes and Issuance of Construction Right-of-Entry Permit at Nuuanu, Honolulu, Oahu; Tax Map Key: (1) 1-8-005:008 (Portion), 012 (Portion).
     
  6. Resubmittal – Sale of Remnant to James M. Sedeno, Waimanalo, Koolaupoko, Oahu, Tax Map Key: (1) 4-1-023:008. [Withdrawn] 
      
  7. Denial of Petition for Contested Case Hearing filed January 14, 2021 by Petitioner InSite Towers Development, LLC, Regarding Board Action of January 8, 2021 Agenda Item D-1, Terminate Use, Occupancy and Possession of Premises under Expired General Lease No. S-3795 by InSite Towers Development, LLC; Authorize the Issuance of a Direct Lease to New Cingular Wireless PCS, LLC (New Cingular) for Microwave Station and Microwave Tower Facilities Purposes and Grant of Term, Non-Exclusive Easements to New Cingular for Access and Utility Purposes, Hanapepe, Waimea, Kauai, Tax Map Keys: (4) 1-4-001:016, 017 and (4) 1-4-001:002 (Portion). 

 

J.       DIVISION OF BOATING AND OCEAN RECREATION

  1. Request for Authorization to Enter into a Memorandum of Agreement (MOA) between the United States Coast Guard Sector Honolulu (USCG) and the State Hawai`i, Department of Land and Natural Resources (DLNR) outlining each Agency’s role in enforcing Rules and Regulations of Vessel Operation, Marine Search and Rescue and other areas of joint jurisdiction. Delegate Authority to the Chairperson to Enter into future MOA’s with the USCG regarding the Federal/State Recreational Boating Safety Cooperative Agreement.
     
     
  2. Mutual Cancellation of Revocable Permit No 90, to Kaneohe Cultural Foundation, for 2,070 Sq. Ft. on the shore of Kaneohe Bay, Kaneohe, Island of Oahu, Hawaii, Seaward of Tax Map Key No.: (1) 4-5-006:001; 
      
    and
        
    Issuance of a New Revocable Permit to Kaneohe Cultural Foundation, for 6,000 Sq. Ft. on the shore of Kaneohe Bay, Kaneohe, Island of Oahu,  Hawaii, Seaward of Tax Map Key No.: (1) 4-5-006:001;
     
    and 
     
    Declare the Project Exempt from Requirements of Chapter 343, Hawaii Revised Statutes and Title 11, Chapter 200.1, Hawaii Administrative Rules. [Withdrawn – 02/22/21]  
     
  3. Approve Publication of Draft Environmental Assessment and Anticipated Finding of No Significant Impact for U.S. Army Corps of Engineers Project: Haleiwa Small Boat Harbor Maintenance Dredging and Beach Nourishment, Haleiwa, Oahu, Hawaii;
     
    and
     
    Delegate Authority to Chairperson to Approve the Final Environmental Assessment with Finding of No Significant Impact, if appropriate.
     
     
  4. Request for Approval and Adoption of Amendments to Hawaii Administrative Rule Section 13-241, Numbering of Vessels, for implementing  vessel titling regulations in accordance with the Uniform Certificate of Title for Vessels Act.
     
    The proposed rules can be reviewed in person at a Division of Boating and Ocean Recreation (DOBOR) District Office from 8:00 am to 3:30 pm, Monday through Friday, except State Holidays as follows:

    Hawai‘i District: Honokōhau Small Boat Harbor 74-380 Kealakehe Parkway Kailua-Kona, HI 96740;
     
    Kaua‘i District: Nawiliwili Small Boat Harbor 2494 Niumalu Road Līhu‘e, HI 96766;

    Maui District: Ma‘alaea Small Boat Harbor 101 Ma‘alaea Boat Harbor Road Wailuku, HI 96793;
      
    O‘ahu District: Ke‘ehi Small Boat Harbor 4 Sand Island Access Road Honolulu, HI 96819.

           The proposed rules can be reviewed online at: https://ltgov.hawaii.gov/the-office/administrative-rules.

           The proposed rules can also be viewed online at: https://dlnr.hawaii.gov/dobor/draft-rules.

            Location and contact information for DOBOR offices is available online at: https://dlnr.hawaii.gov/dobor/contact.

 

K.       OFFICE OF CONSERVATION AND COASTAL LANDS

  1. Conservation District Use Application (CDUA) MA-3870 for After-the-Fact Public Purpose Recreational Land Use by the Kīhei Canoe Club located at Kalepolepo, Kīhei, Waikapu, Maui; Portion of Tax Map Key No.: (2) 3-8-005:003.
     
    (Non-Action Item) 
     
  2. Board presentation by Dawn Chang of Ku’iwalu Consulting on the Independent Evaluation of the University of Hawai’i‘s Implementation of the Maunakea Comprehensive Management Plan (CMP), Mauna Kea Science Reserve, Ka’ohe Mauka, Hāmākua District, Hawai’i; Tax Map Key parcels (3) 4-4-015:019 and (3) 4-4-015:012.   [Testimony]  
    (Non-Action Item)
     
  3. Board presentation by Greg Chun of the University of Hawai’i Center for Maunakea Stewardship on the 2020 Annual Report on the status of the implementation of the Mauna Kea Comprehensive Management Plan (CMP) Mauna Kea Science Reserve, Ka’ohe Mauka, Hāmākua District,  Hawai’i; Tax Map Key parcels (3) 4-4-015:019 and (3) 4-4-015:012.
     
  4. Conservation District Use Application (CDUA) OA-3858 for the Ala Moana Park Beach Restoration Project by the City & County of Honolulu, Department of Design and Construction located at Honolulu, O’ahu; Tax Map Key Nos.: (1) 2-3-037:001 and (1) 2-3-037:025, and seaward [Testimony]  
  5. Conservation District Use Application (CDUA) OA-3867 by the City & County of Honolulu, Department of Design and Construction for the Waikīkī Seawall Mitigative Improvements Project located at Honolulu, O’ahu; Tax Map Key Nos.:(1) 3-1-030: 001, 003, and 004, and (1) 3-1-031: 004 & 005, and seaward

 

L.       ENGINEERING

  1. Request Authorization for the Chairperson to Enter into a Use and Occupancy Agreement with the Department of Transportation, Highways Division for Job No. C01CO91A, Anuenue Fisheries Research Center Sewer line, Honolulu, Oahu, Hawaii, Tax Map Key: (1) 1-5-041: 003 (Portion).

 

M.      OTHERS

  1. Issuance of a Revocable Permit for a T-Hangar for Storage and Maintenance of Aircraft, Ai Vu, Daniel K. Inouye International Airport, Tax Max Key: (1) 1-1-76: 021 Portion.
     
  2. Issuance of a Revocable Permit for a T-Hangar for Storage and Maintenance of Aircraft, Brett Gordon, Kalaeloa Airport, Tax Max Key: (1) 9-1-13: 032 Portion.
     
  3. Issuance of a Revocable Permit for a Construction Field Office, Oceanit Laboratories, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-0033: 066 Portion.
     
  4. Issuance of Revocable Permit to operate the On-Demand Airport-Based Shuttle Bus Concession, SpeediShuttle, LLC, Kahului Airport, Tax Map Key: (2) 3-8-001: 241 (Portion).
     
  5. Issuance of a Revocable Permit for a T-Hangar for Storage and Maintenance of Aircraft and Office Space, Civil Air Patrol, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-43: 066 (Portion). 
      
  6. Issuance of a Revocable Permit for Helicopter Parking, Office Trailer, and Vehicle Parking, Hawaii Life Flight LLC, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-43: 003 (Portion).
     
  7. Issuance of Right-of-Entry to Fukunaga & Associates, Inc., at Pier 1, Honolulu, Harbor, Oahu, Tax Map Key Nos.: (1) 2-1-015:009 (Portion), Governor’s Executive Order No. 4238.
     
  8. Issuance of Month-to-Month Revocable Permit to Pier 21 Lunchroom LLC, for Restaurant Concession Space, Honolulu Harbor, Oahu, Tax Map Key No.: (1) 1-5-039:035 (Portion).  Governor’s Executive Order No, 2903.
     
  9. Request for Acquisition of Lands to the Department of Transportation, Highways Division, for Highway Purposes, Relating to Kuhio Highway, Emergency Repairs, Vicinity of MP 21.7, Wailapa Stream, Federal Aid Project No. ER-14(1), at Kahili, Hanalei, Island of Kauai, State of Hawaii, Tax Map Key Nos.: (4) 5-2-021: Portion of 010, and (4) 5-1-005: Portion of 014,