Department of Land and Natural Resources

Land Board Submittals – 6/09/22

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

DATE: June 9, 2022

TIME: 9:00 A.M.

LOCATION: In person at 1151 Punchbowl St. Room 132
(Kalanimoku Building),
Online via ZOOM, Livestream via YouTube

Board members, staff, applicants, and testifiers can choose to participate either in-person, via ZOOM or by telephone. NOTE: The Board members will be participating via ZOOM for this meeting. Members of the public are asked to wear a mask if attending in-person.

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

The meeting will be livestreamed at:
https://youtube.com/c/boardoflandandnaturalresourcesdlnr

To provide in-person testimony (Please wear a mask):
Attend live at 1151 Punchbowl St. Room 132 (Kalanimoku Building), Honolulu, Hawaii

To provide video testimony:
Send your request to [email protected]
Include your name 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. Requests may be made during the meeting.

To provide oral testimony by telephone:
Dial: +1 (669) 900-6833
At the prompts, enter:
Meeting ID: 818 2841 5893# Passcode: 436561#
Note: To unmute, press *6.

Written Testimony:

Interested persons can submit written testimony in advance of each meeting that will be distributed to Board Members prior to the meeting. Submit written testimony to [email protected] or via postal mail to the Board of Land and Natural Resources at P.O. Box 621, Honolulu, Hawaii 96809. We request written testimony be submitted no later than 24 hours prior to the meeting to ensure time for Board Member review. Late written testimony will be retained as part of the record and distributed to Board Members as soon as practicable, but we cannot ensure that Board Members will receive it with sufficient time for review prior to decision-making.

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 (e.g., 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 April 22, 2022, Summary Board minutes.

D. LAND DIVISION

1. Issuance of Land Patent in Confirmation of Land Commission Award No. 5467 to Poopali, Heir of Manoha, situate at Nania, District of Waimea, Island of Kauai, Tax Map Key: (4)1-5-002: 023.

2. Amend Prior Board Action of March 25, 2021, Item D-3, Rescind Prior Board Action of February 14, 2020, Item D-3, After-the-Fact Issuance of Right-of-Entry to the Association of Unit Owners of Kauai Kailani for Emergency Temporary Shoreline Protection Structure and Beach Nourishment Activities; Grant of Term, Non-Exclusive Easement to the Association of Unit Owners of Kauai Kailani for a Sand Groin on Unencumbered State Land, Kapaa, Kawaihau, Kauai, Tax Map Key: (4) 4-3-009:seaward of 041.

The purposes of this amendment are to add: (i) “Sections 171-13 and -53 Hawaii Revised Statues (HRS), as amended” Under “LEGAL REFERENCE:”; and (ii) “EASEMENT CONSIDERATION: One-time payment to be determined by independent or staff appraisal establishing fair market rent, subject to review and approval by the Chairperson.”

3. Rescind Prior Board Action of May 12, 2006, Item D-3, Grant of Perpetual, Non-Exclusive Avigation and Noise Easement to State of Hawaii, Department of Transportation, Airports Division, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-2-37:41

4. Set Aside 74 Acres (more or less) to Division of State Parks for Park and Ancillary Purposes and Issuance of Immediate Right-of-Entry Permit, Wakiu, Hana, Maui, Tax Map Key: (2) 1-3-006:007 por.

5. Cancellation of Revocable Permit No. S-7935, Association of Apartment Owners of Kulakane, Permittee, Request for Waiver of Phase I Environmental Site Assessment Requirement and Release of Removal Bond, Mahinahina, Lahaina, Maui, Tax Map Key: (2) 4-3-006: Seaward of 011.

6. Issuance of Right-of-Entry Permit to TS Aloha, Inc. for Event Operations Purposes Related to the 2022 Kimo’s Longboard Contest, a One-Day Event, with a Holding Period of June 10 through July 24, 2022, at Lahaina, Maui, Tax Map Key: (2) 4-5-004: Seaward of 012.

7. Approve Cancellation of Request for Qualifications / Request for Proposals for Lease of Improved Public Lands; Rescind Board’s Prior Action of December 13, 2019, Item D-3; Waiakea, South Hilo, Hawaii, Tax Map Keys: (3) 2-1-005: 033, 034, 035 and 045. [Testimony]

8. Approve Cancellation of Request for Qualifications / Request for Proposals for Lease of Improved Public Lands; Rescind Board’s Prior Action of December 13, 2019, Item D-2; Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-1-005:020. [Testimony]