Department of Land and Natural Resources

Land Board Submittals – 12/10/21

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

DATE: FRIDAY, December 10, 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. MINUTES

1. Approval of the Board meeting minutes held September 24, 2021.

D. LAND DIVISION

1. Denial of Petitions for Contested Case Hearing filed by Kia`i Wai`o Wai`ale`ale and Friends of Maha`ulepu on December 19, 2020, Regarding December 11, 2020, Agenda Item D-5, Continuation of Revocable Permit S-7340 to Kauai Island Utility Cooperative for Water Use.

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

[Testimony]

2. Holdover/Continuation of Revocable Permits for Water Use on the Islands of Hawai`i and Kaua`i. See Exhibit A for list of Revocable Permits. [Testimony]

3. Issuance of Construction and Management Right-of-Entry Permit to the Department of Transportation, Highways Division to Mitigate Sand Erosion at Wailua Beach, Wailua House Lots, Kawaihau, Kauai, Tax Map Keys: (4) 4-1-004: Seaward of 001 and (4) 4-1-005: Seaward of 004.

4. Consent to Assign General Lease No. S-4956, Annie K. Tai See, also known as Annie Kaluhi Tai See and Annie Kaluhui Tai See, Assignor (Deceased), to Ronald David Tai See (son), Assignee, Milolii-Hoopuloa, South Kona, Hawaii, Tax Map Key: (3) 8-9-014: 001.

5. Amendment of General Lease No. S-6038 to Paa Pono Milolii, Lessee, for Community Enrichment & Historical Purposes, Milolii-Hoopuloa, South Kona, Island of Hawaii, Tax Map Key Nos.: (3) 8-9-014:038-041.

The purpose of the amendment is to add an additional seven lots to lease for expansion of Community Enrichment & Historical Center Purposes. Additional seven lots to include Tax Map Key Nos.: (3) 8-9-014:036, 042, 043, 044, 045, 046 and 047.

6. Consent to Assign General Lease No. S-5235, Orasa Kaiulani Fernandez, Assignor, to Wayne N. Dacalio, Don F. Dacalio, Morgan K. Dacalio Sr., and Morgan K. Dacalio Jr., Assignees, Milolii-Hoopuloa, South Kona, Hawaii, Tax Map Key: (3) 8-9-014:053.

7. INTENTIONALLY LEFT BLANK

8. Refund Rent from February 2020 through September 2021 for Revocable Permit Nos. 5834 and 5835 to Association of Apartment Owners of Hale Pau Hana, Kamaole, Kula, Maui, Tax Map Key: (2) 3-9-005: Portion of 001 and Seaward of 001.

9. Issuance of Revocable Permit to Sandalwood Mountain Properties, Inc. for Parking Purposes; Termination of Revocable Permit No. 7900; Nuuanu, Honolulu, Oahu, Tax Map Key: (1) 2-2-010: Portion of 021.

10. Grant of Term, Non-Exclusive Easement to Hawaiian Electric Company, Inc. for Utility Purposes and Issuance of Construction Right-of-Entry Permit; Kewalo, Honolulu, Oahu, Tax Map Key: (1) 2-3-012:019.

11. Amend Prior Board Action of October 8, 2004, Item D-5, Grant of Term, Non-Exclusive Easement for Seawall and Reclaimed (fill) land to Harold and Julie Sharrer; Kahaluu, Koolaupoko, Oahu, Tax Map Key: (1) 4-7-19:24 seaward

The amendment is to Allow Payment of the Consideration in Installments.

E. STATE PARKS

1. Annual Renewal of Revocable Permits Statewide. See Exhibit A for list of Revocable Permits. [Testimony]

2. Authorize the Department of Land and Natural Resources, Division of State Parks to Directly Negotiate a Fifteen (15) year Lease with the Hawai’i Conference Foundation, an Eleemosynary Organization, for Commercial Public Camping and Lodging Purposes at Lot 56 situated at Kōkeʻe, Waimea (Kona), Kaua’i, Hawai’i, Tax May Key: (4) 1-4-004:027 A, B.

[Testimony]

F. DIVISION OF AQUATIC RESOURCES

1. Request for Authorization and Approval to Issue a Papahanaumokuakea Marine National Monument Conservation and Management Permit to the Monument Co-Trustees:

the U.S. Department of the Interior, U.S. Fish and Wildlife Service; U.S. Department of Commerce, National Oceanic and Atmospheric Administration; and the Office of Hawaiian Affairs, for Access to State Waters to Conduct Conservation and Management Activities and Authorize General Conservation and Management Activities by the Department of Land and Natural Resources, Divisions of Aquatic Resources & Forestry and Wildlife.

2. Request for Approval to Hold a Statewide Public Meeting and Hearing to Amend and Compile Hawaii Administrative Rules (HAR) Chapters 13-75, “Rules Regulating the Possession and Use of Certain Fishing Gear”, and 13-60.4, “West Hawaiʻi Regional Fishery Management Area, Hawaiʻi”; to Amend: §13-75-1 (Definitions) to Amend the Definition of “Lay Net” to Clarify That a Lobster Net is a Type of Lay Net and to Add New Definitions for “Freshwater Stream”, “Lobster Net”, “Multi-Panel Lay Net”, and “Throw Net”; §13-60.4-3 (Definitions) to Add a New Definition for “Multi-Panel Lay Net”; §13-75-8 (Firearms) to Prohibit the Take of Sharks With Firearms; §13-75-12.2 (Akule Nets) to Clarify that Akule May be Taken With Legal Throw Nets; §13-75-12.4 (Lay Nets) to Establish a Lay Net Permit Requirement and Fee for the Use and Possession of Lay Nets, to Remove the Existing Lay Net Registration Requirement, and to Prohibit Leaving a Lay Net Unattended for Any Amount of Time; §§13-75-12.5 (State Waters Around Molokai, Special Rules), 13-60.4-5 (Activities Prohibited Within Selected Areas), and 13-60.4-6 (Lay Net Permit and Use Requirements) to Make Conforming Amendments to Special Lay Net Rules That Apply to Molokai and West Hawaiʻi; §§13-75-2 (Penalty) and 13-60.4-8 (Penalty) to Clarify the Authorized Penalties for Violations of These Chapters; to Adopt §§13-75-2.5 (Asset Forfeiture) and 13-60.4-8.5 (Asset Forfeiture) to Provide Notice of the State’s Authority to Utilize Civil Asset Forfeiture as an Enforcement Tool for Violations of These Chapters; and to Make Other Non-Substantive Amendments for Formatting and Style

The proposed rule amendments can be reviewed in person, by appointment only, at the Division of Aquatic Resources (DAR) office on Oahu at 1151 Punchbowl St. Room 330, Honolulu, Hawaii 96813 from 8:00 am to 3:30 pm, Monday through Friday, except Holidays. To schedule an appointment to review the proposed rules in person, email [email protected].

The proposed rules, including a statement on the topic of the proposed rule amendment, can be reviewed online at: https://ltgov.hawaii.gov/the-office/administrative-rules/proposed-changes/.

The proposed rules can also be viewed online at: https://dlnr.hawaii.gov/dar/rules-and-public-notices/.

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Sale of Concession by Sealed Bid for a Three-Year Mobile Food Concession Situated at Ala Wai Small Boat Harbor Honolulu, Island of Oahu, Hawaii, Identified by Tax Map Key: (1) 2-3-037:012 (Portion) and:

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

2. INTENTIONALLY LEFT BLANK

3. Authorize a Ten-Year Extension of Boating Lease No. LK-19-001 to Kaua’i Sailing Association, Nawiliwili Small Boat Harbor, Nawiliwili, Island of Kaua’i, Hawaii; Tax Map Key: (4) 3-2-003:043 (Portion)

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Time Extension Request for Conservation District Use Permit (CDUP) HA-3868 for the Kamahele Farms LLC (represented by Robert Garrett) single-family residence by the Department of Land and Natural Resources, Located at 15-2145 Government Beach Road, Makuʿu, Puna, Hawaiʿi, Tax Map Key: (3) 1-5-010:009.

2. Denial of Petition for a Proposed Rule Amendment to Rezone Land from Limited to General Subzone in the State Land Use Conservation District by Randall N. Longfield and Madolyn Ann Longfield Located at Lanikai Beach Tract, Kailua, Koolaupoko, Oahu, Tax Map Key: (1) 4-3-005:077.

3. Non-Action Item: Sam Lemmo, Administrator for the Office of Conservation and Coastal Lands to address the Board.

L. ENGINEERING

1. Authorize the Approval and Issuance of Dam Safety Permit for Miscellaneous Improvements at Waimanalo Reservoir (OA-0129) to the State of Hawaii, Department of Agriculture, Oahu, Hawaii, Tax Map Key: 4-1-010:002.