Department of Land and Natural Resources

Land Board Submittals – 07/09/21

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

DATE: FRIDAY, July 9, 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.

Update …

07/07/21 – E-2 & E-5 Items are withdrawn.

A. MINUTES

1. Approval of the April 23, 2021, Meeting Minutes.

C. DIVISION OF FORESTRY AND WILDLIFE

1. Request Approval for Selection of the Competitive Sealed Proposal Process pursuant to Hawaii Administrative Rules Chapter 3-122 and to Authorize the Chairperson to Award, Execute, and Extend Contracts for the Implementation of the Department of Land and Natural Resources Green Job Youth Corps Program and Appoint Evaluation Committee Alternates Should the Need Arise,

D. LAND DIVISION

1. Issuance of Revocable Permit to Donald Lee Dale and Cheryl Ann Dale, Trustees of the Donald Lee Dale, and Cheryl Ann Dale Revocable Living Trust for an Emergency Temporary Shoreline Protection Structure on Unencumbered State Land; Issuance of Immediate Construction and Maintenance Right-of-Entry Permit to Donald Lee Dale and Cheryl Ann Dale, Trustees of the Donald Lee Dale, and Cheryl Ann Dale Revocable Living Trust; Kapaa, Kawaihau, Kauai, Tax Map Key: (4) 4-3-009:seaward of 028.

2. Amend Prior Board Action of November 8, 2019, Agenda Item D-8, Amend General Lease No. S-5971, Makua Lani Christian Academy, Lessee, to Provide that the Annual Rental shall be Reopened and Redetermined Based on the Board’s Then Prevailing Minimum Rent Policy for Eleemosynary Organizations, Ili of Papaakoko, Honokohau 2nd, North Kona, Hawaii, Tax Map Key: (3) 7-4-006:001.

Consent to Assign General Lease No. S-5971, from Makua Lani Christian Academy to Kona Vocational and Life Education Center, Papaakoko, Honokohau 2nd, North Kona, Hawaii, Tax Map Key: (3) 7-4-006:001.

The purpose of this amendment is to change the language of lease paragraph 49 regarding licensure requirements applicable to lessee to enable Kona Vocational and Life Education Center (KVLEC) to qualify as a lessee under the lease so that staff may complete the assignment of lease to KVLEC.

3. Grant of Term, Non-Exclusive Easement for Access Purposes to the Peter Joseph Locatelli and Linda Jasmine Locatelli, Pahoehoe 2nd, South Kona, Hawaii, Tax Map Key: (3) 8-7-007: Portion of 019.

4. Grant of Perpetual, Non-Exclusive Easement to Hawaiian Electric Company, Inc. for Overhead Electrical Transmission Lines Purposes; Issuance of Construction Right-of-Entry Permit, Honolulu, Oahu, Tax Map Key: (1) 1-8-020: Portion of 030.

5. After-the-Fact Consent to Assignment of Grant of Non-Exclusive Easement No. S-5343 for Revetment Purposes from MARTIN A YESTER, aka Martin A. Yester to MARTIN A YESTER, TRUSTEE of the Martin A. Yester Revocable Living Trust under that certain unrecorded Trust Agreement dated April 23, 1992, as amended and restated; After-the-Fact Consent to Assignment of Partial Interest in Grant of Non-Exclusive Easement No. S-5343 for Revetment Purposes from MARTIN A YESTER, TRUSTEE of the Martin A. Yester Revocable Living Trust under that certain unrecorded Trust Agreement dated April 23, 1992, as amended and restated, to Craig Yester and David Yester, as to an undivided 0.62% interest; Pupukea, Koolauloa, Oahu, Tax Map Key: (1) 5-9-001: Portion of 038.

Amendment of Grant of Non-Exclusive Easement No. S-5343 for Revetment Purposes, CRAIG YESTER, SUCCESSOR TRUSTEE, of the Martin A. Yester Revocable Living Trust under that certain unrecorded Trust Agreement dated April 23, 1992, as amended and restated; Pupukea, Koolauloa, Oahu, Tax Map Key: (1) 5-9-001: Portion of 038.

The purposes of the amendment are to increase the easement area by an additional 48 square feet from 5,141 to 5,189 square feet and to allow the easement to “run with land”, subject to the limited term of the easement, so that Board consent will not be required for future assignments of the easement.

E. STATE PARKS

1. Authorize Rent Adjustment of Revocable Permit No. SP0545, Diamond Parking Services, LLC, Permittee at Akaka Falls State Park, Kahua, South Hilo, Hawai’i, Tax Map Keys: (3) 2-8-011: Portion of 018.

2. Authorize Rent Modification of Concession Contract No. IFB No. DLNR-SP-2017-01 to Pro Park, Inc., Concessionaire at Diamond Head State Monument, Kapahulu, Waikīkī, Honolulu, O’ahu, Hawai’i, Tax Map Key: (1) 3-1-042: Portion of 026. (Withdrawn)

3. Authorize Rent Adjustment of Revocable Permit No. SP0544 to Diamond Parking Services, LLC, Permittee, at Nu’uanu Pali State Wayside, Nu’uanu, Honolulu, O’ahu, Hawai’i, Tax Map Key: (1) 1-9-007: Portion of 002.

4. Authorize Rent Adjustment of Revocable Permit No. SP0467, Diamond Parking Services, LLC, Permittee, at Mākena State Park, Portions of Maluaka, Mooiki, Mooloa, Moouku, Nau, Honuaula, Makawao, Maui, Hawai’i, Tax Map Key: (2) 2-1-006:030 (portion).

5. Authorize Rent Adjustment and Extend Revocable Permit No. 0555 to Republic Parking, LLC, Permittee at Kōkeʻe and Waimea Canyon State Parks, Kona and Na Pali, Kauaʻi, Hawaiʻi, Tax Map Keys: (4) 1-4-001:013, 003, and 002 (portion). (Withdrawn)

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Request approval to initiate rulemaking proceedings, including public hearings, to amend Hawaii Administrative Rules (HAR) Title 13, Chapter 256, Ocean Recreation Management Rules and Areas, Subchapter 11, West Hawaii Island Ocean Recreation Management Area, Section 13-256-152, Kahaluu Bay ocean waters, to clarify commercial activity provisions, and compilation of HAR Chapter 13-256, making technical, non-substantive, and conforming amendments.

The proposed rule amendment can be reviewed in person at the Division of Boating and Ocean Recreation (DOBOR) District Offices, including the Hawaiʻi District Office from 8:00 am to 3:30 pm, Monday through Friday, except state holidays: Honokōhau Small Boat Harbor, 74-380 Kealakehe Parkway, Kailua-Kona, HI 96740.

The proposed rules, including a statement on the topic of the proposed rule amendment, can be reviewed online at: