Department of Land and Natural Resources

Land Board Submittals – 7/08/22

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

DATE: July 08, 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: 822 2876 5839# Passcode: 418081#
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 May 13, 2022, Summary Minutes.

D. LAND DIVISION

1. Set Aside to the County of Hawaii for Affordable Housing and Issuance of an Immediate Management Right-of-Entry Permit to the County of Hawaii, Waiakea, South Hilo, Hawaii, Tax Map Keys: (3) 2-4-005:001, 012, (3) 2-4-051:094, 107, 108, 111.

2. Intentionally Left Blank.

3. Grant of a Term, Non-Exclusive Easement to Hawaii Electric Light Company, Inc. for Overhead Transmission Line Purposes, Kapapala, Kau, Hawaii, Tax Map Key: (3) 9-8-001:010 portion.

4. Amend General Lease No. 5258, Hawaii Foodbank, Inc., Lessee, Moanalua, Honolulu, Oahu, Tax Map Key: (1) 1-1-064:028.

The purposes of the amendment are to (1) replace all references to rental reopening provisions with a new paragraph fixing the rent at $12,000 per annum effective on November 1, 2022, with an annual adjustment for inflation tied to Consumer Price Index for the remainder of the term (2) insert a new provision in the lease allowing the Lessee to surrender the lease, subject to meeting certain requirements and approval by the Board.

[Testimony]

5. Amend Prior Board Action of November 13, 2020, Item D-10; Request for Mutual Cancellation of General Lease Nos. S-3896 and S-3904, as amended; and Issuance of Two (2) Perpetual, Non-Exclusive Easements to Hawaiian Electric Company, Inc. for Overhead and Underground Utility Easement Purposes, Kapalama and Kalihi, Honolulu, Oahu, Tax Map Key (1) 1-5-034: portions of 004 Tax Map Key: (1) 1-3-008: portions of 004 and 005.

The purpose of the amendment is to correct the area of General Lease No. 3904 and future Perpetual, Non-Exclusive Easement to Hawaiian Electric Company, Inc. that will replace the lease.

E. STATE PARKS

1. Request Approval to Continue Revocable Permit SP0002 Issued to Hui Maka’āinana o Makana, for Management of a Reservation System for the Collection of Parking and Entry Fees, Shuttle Services and Resource Enhancement at Hāʻena State Park, Kauaʻi, Hawaiʻi, Tax Map Keys: (4) 5-9-001:022 portion and (4) 5-9-008:001 portion.

[Testimony]

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Withdrawal of Portions of State Lands from Governor’s Executive Order No. 1314 and Re-Set Aside and Issuance of Immediate Management Right-of-Entry to the Department of Land and Natural Resources, Division of Boating and Ocean Recreation for Mala Wharf and Ramp, Lahaina, Maui, Hawaii, Tax Map Key: (2) 4-5-004:011: and

Declare the Project Exempt from Requirements of Chapter 343, Hawaii Revised Statutes and Title 11, Chapter 200.1, Hawaii Administrative Rules.

[Testimony] [Testimony-Late]

2. Briefing of the Board of Land and Natural Resources regarding the Commercial Use of the Mala Wharf launch Ramp Area, Island of Maui. NON-ACTION ITEM

[Testimony] [Testimony-Late]

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Brief overview of Shoreline Management in Hawaii. NON-ACTION ITEM

L. ENGINEERING

1. Delegation of Authority to the Chairperson to:

(1) Procure, Award and Enter Into Professional Service Consultant Contracts for Capital Improvement Program Projects Appropriated by the Legislature as Listed in Exhibit 1 or Program Operating Funds;

(2) Declare a Construction Project Exempt from the Preparation of an Environmental Assessment or Approve an Environmental Assessment and Issue a Finding of No Significant Impact, if Appropriate; and

(3) Approve, Procure and Enter Construction Contracts for Capital Improvement Program Projects Appropriated by the Legislature as Listed in Exhibit 1 or Program Operating Funds

[Exhibit 1] [CIP]

M. OTHERS

1. Issuance of a Revocable Permit for Paved, Improved Land for the Storage and Parking of a Container Truck and Fuel Truck, Construction Helicopters, Inc. dba Chi Aviation, Kalaeloa Airport, Tax Map Key: (1) 9-1-013: Portion of 032.

2. Issuance of a Revocable Permit for the Purpose of the Terminal 1, Lobby 3 Checkpoint Relocation Project, Hawaiian Airlines, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 073.