Department of Land and Natural Resources

AGENDA

FOR THE MEETING OF THE

BOARD OF LAND AND NATURAL RESOURCES

                                    DATE:          FRIDAY, JULY 27, 2012

                                    TIME:            9:00 A.M.

                                    PLACE:         KALANIMOKU BUILDING

                                                        LAND BOARD CONFERENCE ROOM 132

                                                        1151 PUNCHBOWL STREET

                                                        HONOLULU, HAWAII 96813

A.        MINUTES

1. Approval of June 8, 2012 Minutes
2. Approval of July 13, 2012 Minutes

C.        FORESTRY AND WILDLIFE

1. Request to Amend the Forest Stewardship Agreement with The Outdoor Circle dba Waikoloa Village Outdoor Circle to Substitute the New Licensee, Waikoloa Dry Forest Initiative Inc., for The Outdoor Circle

D.        LAND DIVISION

1. Amend Prior Board Action of September 9, 2011, item D-1, Cancellation of Land Office Deed No. S-27083 to Tsutomu Yoshida and Satoe Yoshida, and Request for Grant of Perpetual Non-Exclusive Easement to Jessie C. Yoshida, Jeffrey Johnson and Ellen S. Johnson for Access Purposes, Hanapepe Town Lots, 1st Series,  Hanapepe, Waimea (Kona), Kauai, Tax Map Key: (4) 1-9-009:024.
2. Amend Prior Board Action of March 22, 2002, Item D-5, Sale of Remnants to Jeff Hill and Gregory L. Smith Trust, Kapaa, Kawaihau, Kauai, Tax Map Key: (4) 4-5-012:por. 3. The Purpose of the Amendment is to Substitute Brown-Clay Family LLC as Applicant in Place of Gregory L. Smith Trust.
3. Assessment of $500 Fine Against Association Of Apartment Owners (AOAO) of Lahaina Roads for Seawall Encroachment; Grant of Term, Non-Exclusive Easement to AOAO of Lahaina Roads for Seawall Purposes, Lahaina, Maui, Tax Map Key: (2) 4-5-013: Seaward of 027.

4. Issuance of a Right-of-Entry Permit to the United States Geological Survey (USGS) Pacific Coastal and Marine Science Center, United States Department of Interior for Use of  Unencumbered Submerged Lands for Pacific Coral Reef Research Monitoring Purposes off the Coast of Olowalu, Lahaina, Maui, Seaward of Tax Map Key: (2) 4-8-003 Seward of 001.

5. Forfeiture of Grant of Non-Exclusive Easement, Created By Land Office Deed No. 28603, Masaharu Edamura, Grantee, Waimanalo, Koolaupoko, Oahu, Tax Map Key: (1) 4-1-013: portions of 001, 018, 021, 022.
6. Grant of Term, Non-Exclusive Easement to Frank H. Barton Trust and Elsie M. Barton Trust for Pier, Seawall, and Landscaping Area Purposes in Kaneohe, Koolaupoko, Oahu, Tax Map Key: (1) 4-4-037:seaward of 033

E.         STATE PARKS

1. Forfeiture of General Lease No. SP0140, Dennis Riker, and Paul Kyno, Lessees, Koke’e State Park, Waimea (Kona), Kaua’i, Tax Map Key: 4th/1-4-004:060
2. Request for Approval for the Sale and Independent Award of Eight (8) Concession or Mobile Concession Agreements by Means of Sealed Bid Auctions for the Purposes Indicated and Delegation to the Chairperson to Issue the Information for Bidders (IFB), Award Each Bid and Give Notice to Proceed for the Following State Parks on O‘ahu, Kaua‘i, Maui and Hawai‘i: Diamond Head State Monument  (O‘ahu) TMK: (1) 3-1-042:006(por.), (including a mobile concession agreement and a beverage vending agreement),  Kōke‘e State Park (Kaua‘i) TMK: (4) 1-4-001:013 (por.) (including a concession lease for the Kōke‘e Lodge and Cabins); Waimea Canyon State Park (Kaua‘i) TMK: (4)1-2-001:004 (por.) (including a mobile concession agreement for Waimea Canyon Lookout), Wailua River State Park, (Kaua‘i) TMK: (4) 3-9-004:010 (por.) (including a concession lease for an existing restaurant space), Wailua River State Park (Kaua‘i)TMK (4) 4-2-004:002 (por.) (including a proposed mobile concession), Hāpuna Beach State Recreation Area (Hawai‘i) TMK: (3) 6-6-002:035 (por.) (including a concession lease for existing food concession space), and Makena State Park (Maui) TMK: (2) 2-1-006:030 (por.) (including a mobile concession agreement)

F.         AQUATIC RESOURCES

1. Request for Authorization and Approval to Issue a Papahanaumokuakea Marine National Monument Research Permit to Dr. Randall Kosaki, National Oceanic and Atmospheric Administration, Papahanaumokuakea Marine National Monument, for Access to State Waters to Conduct Surveys of Deep Coral Reefs

J.         BOATING AND OCEAN RECREATION

1. Amend General Lease No. H-89-7 to the United States Coast Guard for Addition of Submerged Land for Permanent Mooring Purposes and Immediate Construction Right of Entry for Installation of Mooring and Wharf Improvements, Nawiliwili Small Boat Harbor, Island of Kauai, TMK: (4) 3-2-03

2. Request Approval to Adopt Amendments to Title 13, Chapter 256, Ocean Recreation Management Rules and Areas, Subchapter 5, Windward Oahu Ocean Recreation Management Area, by Adopting a New Section 13-256-73.13, Ahu O Laka Safety Zone, to Restrict the Following while in the Safety Zone:  1) Possession or Use of Alcohol, 2) Entrance whole Under the Influence of Alcohol or Drugs, and 3) Disorderly Behavior

3. Request for Approval to Adopt Title 13, Part 2, Boating Section 13-244-15.5, Hawaii Administrative Rules (HAR), Operation of Power Driven Vessels

L.        ENGINEERING

1. Certification of Elections of Lori Beach, Don Brayan and Marissa Harmon and Appointment of Doug Connors to Serve as Directors of the Hamakua Soil and Water Conservation District

2. Declare Project Exempt from Requirements of Chapter 343, HRS, and Title 11, Chapter 200, Hawaii Administrative Rules for Job No. B78DO71A, Heeia Kea Small Boat Harbor Pier and Site Improvements, Oahu, Hawaii
3. Authorize the Approval and Issuance of a DLNR Dam Safety Construction/Alteration Permit No. 60 Dam Outlet Replacement for Pauwela Reservoir (MA-0096) Haiku, Maui, Hawaii
4. Declare Project Exempt from Requirements of Chapter 343, HRS, and Title 11, Chapter 200, Hawaii Administrative Rules for Job No. D00CO67B, Kawainui Marsh Drainage Improvements Kailua, Oahu, Hawaii
5. Certification of Election of Clark Hashimoto to Serve as Director of the Olinda-Kula Soil and Water Conservation District
6. Request for Authorization to Enter Into a Memorandum of Agreement (MOA) Between the City and County of Honolulu (City) and the State of Hawaii, Department of Land and Natural Resources (DLNR), to Plan, Design and Construct Drainage Improvements in the Lualualei Flats/Puhawai Stream Area, Oahu
7. Declare Project Exempt from Requirements of Chapter 343, HRS, and Title 11, Chapter 200, Hawaii Administrative Rules for Job No. J45CK41A, Wailua River State Park Rockfall Mitigation, Wailua, Kauai, Hawaii
8. Authorization to Issue Procurement Solicitations and Award of Contracts Under Hawaii Revised Statutes Chapter 103D for Various Capital Improvements Program Projects Listed in Exhibit 1

M.       OTHER

1. Issuance of Direct Lease, Together with a Construction Right-of-Entry to VAK Fisheries, LLC and Kim Lu, Portion of Pier 19 Shed, Honolulu, Harbor, Island of Oahu, Tax Map Key: 1st/1-5-39:63 (portion)
2. Conveyance of Enterprise Road, Lot 13080-B of Land Court Application 1069, Map 1049, Honouliuli, Ewa, Oahu, Tax Map Key: (1) 9-1-13: Enterprise Road

3. Issuance of Right-of-Entry Permit to Gay & Robinson, Inc., at Nawiliwili Harbor, Lihue, Island of Kauai, Tax Map Key: 3rd/3-2-04: Portions of 02, 17, 18, 19, 22, 27, 36, 39, 54 and 74

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.

TO BE PLACED ON THE MOVE UP AGENDA, PLEASE SIGN IN BY 8:50 A.M. THE DAY OF THE MEETING.

ALL MATERIALS LISTED ON THIS AGENDA ARE AVAILABLE FOR REVIEW IN THE DLNR CHAIRPERSON’S OFFICE OR ON THE DEPARTMENT WEBSITE THE WEEK OF THE MEETING AT: https://hawaii.gov/dlnr/chair/meeting/index.html

INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS (ie. large print materials, sign language interpreters) AT THE BLNR MEETING, ARE ASKED TO CONTACT THE CHAIRPERSON’S OFFICE AT (808) 587-0400 AT LEAST THREE DAYS IN ADVANCE OF THE MEETING.