Department of Land and Natural Resources

Land Board Submittals – 7/22/22

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

DATE: July 22, 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: 891 6732 0856# Passcode: 858461#
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.

Update …

7/21/22 – Item D-3 – Withdrawn

A. MINUTES

1. Approval of the May 31, 2022, Summary Minutes.

C. DIVISION OF FORESTRY AND WILDLIFE

1. Request for Approval to Enter into a Multi-Year Contract with the Zoological Society of San Diego to provide services to operate the Endangered Bird Captive Propagation Facility on Maui, The Maui Bird Conservation Center, and to provide expert avicultural services to conduct related forest bird propagation projects at the Keauhou Bird Conservation Center on the Island of Hawaii and throughout the State; and

Request Approval of Declaration of Exemption to Chapter 343, HRS environmental compliance requirements for the Project.

2. Request Approval of (1) The Acquisition of Private Lands; (2) Issuance of Management Right-of-Entry to Division of Forestry and Wildlife; (3) Authorize Division of Forestry and Wildlife to Conduct Public Hearing on the Island of Moloka’i for Proposed Addition to the Moloka’i Forest Reserve, Makolelau, Kona District, Moloka’i, Tax Map Keys: (2) 5-5-001:013, (2) 5-5-001:022, (2) 5-5-001:036 and (2) 5-5-001:038; and

Request Authorization for the Chairperson to Enter, Amend, Extend, and Terminate a Memorandum of Understanding between the State of Hawai’i, Department of Land and Natural Resources, Division of Forestry and Wildlife and The Nature Conservancy to convey the remaining parcel, Tax Map Key: (2) 5-5-001:015 to the State.

D. LAND DIVISION

1. Cancellation of Revocable Permit No. S-7897, Katherine Enoka, Permittee and Request for Waiver of Phase I Environmental Site Assessment Requirement, Lot 11-B Hanapepe Town Lots, 1st Series, Hanapepe, Waimea, Kauai, Tax Map Key: (4) 1-9-005:053.

2. Grant of Term, Non-Exclusive Easement to the County of Maui, for Concrete Wave Deflector, Concrete Stairs, Revetment (Stacked Rocks), and Storm Drainage Purposes; Issuance of Right-of-Entry for Construction Purposes; and Issuance of Revocable Permit; Lahaina, Maui; Tax Map Keys: (2) 4-5-002: seaward, and (2) 4-6-009: seaward

3. ~~Issuance of Revocable Permit to SubCom, LLC, for Undersea Cable Depot Purposes; Sand Island, Honolulu, Oahu, Tax Map Key (1) 1-5-041: portion of 333~~ [Withdrawn – 7/21/22]

4. Consent to Mortgage and Seek Board’s Authorization to Execute Estoppel Certificate, Consent to Subleases, General Lease No. S-4644, Vallejo Venture 99 LLC, Lessee, Kalauao, Ewa, Oahu, Tax Map Key: (1) 9-8-013:014

5. Authorize the Issuance of a Request for Qualifications / Request for Proposals for Lease of Improved Public Lands; Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-1-005:020.

E. STATE PARKS

1. Amend Prior Board Action of December 10, 2021, Item E-2, Approval of 15-Year General Lease to Hawaii 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 Map Key: (4) 1-4-004:027.

2. Amend Prior Board Action of June 10, 2021, Item E-1, Approval of a 20-Year Extension of General Lease SP0402, to Camp Hale Koa Association, Lessee, for Recreational Campground purposes at Lots 55, 56, 57, and 58 situated at Pu’u ka Pele, Waimea, (Kona), Kaua’i, Hawai’i, Tax Map Key: (4) 1-4-002:055.

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Approval of Petition for a Contested Case hearing (CCH) by Eric R. Alpert regarding June 24, 2022, Enforcement Action for alleged illegal principal habitation of a vessel, in Violation of Hawaii Administrative Rule (HAR) § 13-231-26, or alternatively for alleged violation of HAR § 13-231-28, regarding staying aboard a vessel moored in Ala Wai Small Boat Harbor.

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Denial of Individual Petitions for Contested Case Hearing filed on January 24 and 25, 2022, by George Nardin, Amir Ginsberg, Ana Moreno, Daniel Rubenstein, Scott Whiting, and Christina Townson regarding their requests for a Contested Case Hearing OA 22-75 for the Verizon Wireless Lanikai Telecom Project, Tax Map Key Nos. (1) 4-3005:068 and 070.

[Testimony]

2. Approval of the Center for Maunakea Stewardship’s 2022 Mauna Kea Comprehensive Management Plan 2022 Supplement: Management Actions Update for the Mauna Kea Science Reserve at Kaoha Mauka, Hamakua District, Hawaii, Tax Map Key Nos. (3) 4-4-015:009, 012, and 001. [Attachment] [Testimony]

L. ENGINEERING