Department of Land and Natural Resources

Land Board Submittals – 07/28/23

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

DATE: July 28, 2023

TIME: 9:15 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. Members of the public are encouraged 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 please text (808) 296-1197 and identify the Item you wish to provide testimony on prior to calling in (this will allow identification when you are placed in the ZOOM waiting room :

July 28, 2023

Dial: +1 669 444-9171
At the prompts, enter:
Meeting ID: 847 2596 6588
Note: To unmute, press *6.

We ask that members of the public testifying on agenda items limit your testimony to three minutes so that we can get to everyone.

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.

NOTE: Agenda Items may be taken out of order.

Update …

Item D-5 is withdrawn (07/25/23)

D. LAND DIVISION

1. Cancellation of Revocable Permit No. S-7683, Michelle K. Walker, Permittee, with Reservation of the State’s Right to Charge the Cost and Expense of a Phase I Environmental Site Assessment to Michelle K. Walker; Set Aside to the County of Kauai (COK) for Affordable Housing Purposes; Issuance of Immediate Management Right-of-Entry to COK, Lot 10-B, Block D, Waimea Town Lots, Waimea, Kauai, Tax Map Key: (4) 1-6-004:015.

2. Issuance of Revocable Permit to Angela Headley, Island Art LLC. For Business Purposes, Lot 11-B Hanapepe Town Lots, 1st Series, Hanapepe, Waimea, Kauai, Tax Map Key: (4) 1-9-005:053.

3. Issuance of Revocable Permit to Bill DeCosta for Intensive Agriculture Purposes, Hanapepe, Waimea, Kauai, Tax Map Keys: (4) 1-9-012:005 and 037. [Testimony]

4. Issuance of Direct Lease to The Gas Company, LLC for Storage Site and Tank Farm, Operating Yard, Related Activities and Appurtenant Pipelines to Said Tanks, Nawiliwili, Lihue, Kauai Tax Map Key: (4) 3-2-003:030.

5. Termination of Revocable Permit Nos. S-7407, S-7444 and S-7613 Effective December 31, 2023, to Coco Palms Ventures LLC, Permittee, Wailua, Kawaihau, Kauai, Tax Map Keys: (4) 4-1003:044, (4) 4-1-003:017 and (4) 4-1-005:por. 017 [Testimony] [Withdrawn 7/25/23]

6. Issuance of Revocable Permit to David K. Kaneakua Sr., for Landscape and Maintenance Purposes, Kapaa, Kawaihau, Kauai, Tax Map Key: (4) 4-5-014: portion of 007.

7. Sale of Remnant (abandoned ditch) and Immediate Right-of-Entry Permit for Survey Purposes to Joseph Wallace Morgan, Trustee of the Joseph W. Morgan Revocable Living Trust, and Muriel Ann Morgan, Trustee of the Muriel Morgan Revocable Living Trust, Kapaa, Kawaihau, Kauai, Tax Map Key: (4) 4-6-030: portion of 010.

8. Mutual Cancellation of General Lease No. S-4218 and Issuance of Direct Lease to Waipahu Soto Zen Temple Taiyoji for Landscaping, Parking and Memorial Purposes, Waikele, Ewa, Oahu, Tax Map Key: (1) 9-4-027:124.

9. Amend Prior Board Action of January 10, 1975, Item F-15, Conveyance in Fee to the City and County of Honolulu, Waikele, Ewa, Oahu, Tax Map Key: (1) 9-4- 010:040 (Parcel 1) and (1) 9-4-027:124 (Parcel 4). The purpose of the amendment is to include the current legal references supporting the Board authority to convey the subject lands and to specify that the conveyance shall be effected by quitclaim deed.

E. STATE PARKS

1. Consent to Transfer of General Lease No. S-5285 Jose K. Gaceta, Jr. to Brummel B. Gaceta, Successor Designee, by Succession, Lot A – 11, Ahupua’a ‘O Kahana State Park, Kahana, Ko’olauloa, Oahu, Hawai’i, Tax Map Key: (1) 5-2-002:030.

2. Consent to Transfer of General Lease No. S-5298 Sharon Keaweehu to Charles Keaweehu, Successor Designee, by Succession, Lot A-16, Ahupua’a ‘O Kahana State Park, Kahana, Ko’olauloa, Oahu, Hawai’i, Tax Map Key: (1) 5-2-002:035.

3. Request for Approval to Amend SP0059 Water Sharing Agreement between the Department of Land and Natural Resources and Pioneer Hi-Bred International, Inc. (Pioneer) at Pāʻulaʻula State Historic Site, formerly known as Russian Fort Elizabeth State Historical Park, Tax Map Key: (4) 1-7-005:003.

F. DIVISION OF AQUATIC RESOURCES

1. Enforcement Action against Jim Jones, Noelani Yacht Charters, LLC, Kevin S. Albert, Kimberly L. Albert, and the Albert Revocable Trust for Stony Coral and Live Rock Damage resulting from the Nakoa grounding incident on February 20, 2023, outside of the Honolua-Mokulē‘ia Bay Marine Life Conservation District, island of Maui. [Testimony]

2. Joint Division of Aquatice Resource (DAR) & Division of Boating and Ocean Recreation (DOBOR) Request for Approval to Hold Public Hearings on Proposed Amendment and Compilation of Hawaii Administrative Rules (HAR) Chapter 13-31, “Molokini Shoal Marine Life Conservation District, Maui,” (Molokini MLCD) to Prohibit Any Commercial Activity Involving Swimming, Snorkeling, Diving, Kayaking, or Paddling Without a Valid Molokini MLCD Use Permit, to Prohibit Anchoring Within the Molokini MLCD, to Replace the Current Molokini MLCD Use Permit Fee of $50.00 Every Two Years With a New, Tiered Molokini MLCD Use Permit Fee Schedule Consisting of Three Tiers of Permit Fees Based on the Passenger Capacity of the Vessel, and to Grant Discretion to the Department to Waive Permit Fees in Certain Circumstances, and HAR Chapter 13-257, “Day-Use Mooring Rules,” to Repeal the Day-Use Mooring Zones for the Island of Hawai‘i, to Set a Maximum Time Limit of Two and One Half Hours for Use of Any Day-Use Mooring, to Prohibit Overnight Use of Day-Use Moorings, to Clarify Where Anchoring is Allowed, to Add Provisions for the Installation of Day-Use Moorings Including Approved Mooring Buoy Design Guidelines, to Clarify that Any Deviations from the Mooring Buoy Design Guidelines Must First be Approved by the Board of Land and Natural Resources (Board), to Provide Specific Findings Required by the Board for Approval of a Mooring Buoy Design that Differs from the Mooring Buoy Design Guidelines Within the Chapter, to Add a Day-Use Mooring Buoy Site Proposal Requirement for the Department Including Specific Required Considerations, to Require the Department to Maintain and Make Available on DOBOR’s website a Listing of Sanctioned Day-Use Mooring Buoys Installed in the Waters of the State Including a Reasonable Effort by the Department to Provide an Accurate Location for Each State-Owned Day-Use Mooring Buoy Via GPS Coordinates, to Prohibit Rafting of Vessels From Any Day-Use Mooring Buoy, to Clarify That Any Vessel Owner or Operator Assumes the Sole Risk of Using Any Day-Use Mooring, to Provide Specific Exemptions to the Day-Use Mooring Rules for Emergency Situations, Law Enforcement, Patrol, or Rescue Craft, Department Vessels and Personnel Performing Official Duties, Vessels and Personnel Performing Authorized Homeland Security Training Operations, and the U.S. Coast Guard, to Update the Map for the Molokini Island Day-Use Mooring Area, to Clarify the Boundaries of the Molokini Island Day-Use Mooring Area, to Remove the Separate Mooring Zones Within the Molokini Island Day-Use Mooring Area, to Update the Fee for Commercial Use of a Day-Use Mooring Within the Molokini Day-Use Mooring Area From $100.00 Per Month or Two Percent of Gross Receipts, Whichever is Higher, to a Flat Fee of $200.00 Per Month With an Exemption for Commercial Operators Presently Paying the Ocean Stewardship User Fee, to Clarify that the Commercial Day-Use Mooring Fees are in Addition to Fees Required under HAR §13-31-5; Chapter 13-230, “General Provisions,” to Add Necessary Definitions; and Chapter 13-234, “Day-Use Mooring Rules,” to Provide Exclusive Use of Recreational Day-Use Moorings Within the Molokini Day-Use Mooring Area to Recreational Vessels, to Require All Recreational Day-Use Moorings to be Indicated with a Surface Float, to Update the Window Where Reactional Vessels are Prohibited from Using Vacant Commercial Day-Use Moorings Within the Molokini Day-Use Mooring Area from 8:30 a.m.-11:30 a.m. to 7:30 a.m.-9:30 a.m., to Prohibit All Anchoring Within the Molokini Day-Use Mooring Area, and to Add Other Non-Substantive Housekeeping Amendments for Clarity and Consistency

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, Hawai‘i 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 rules, can be reviewed online at: https://ltgov.hawaii.gov/the-office/administrative-rules/proposed-changes/.

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

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Reissuance of Revocable Permit 22 (RP 22) to Nā Kālai Wa‘a for Vessel and General Storage, Maintenance of Improvements, Youth Programs, Education Programs, and Affiliated Community Programs, Situated at South Kawaihae Small Boat Harbor, Kawaihae, Island of Hawaii, Hawaii, Tax Map Key: (3) 6-1-003:026 (por.);and

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

2. Mutual Cancellation of Revocable Permit 26 (RP 26) to Pacific Biodiesel Logistics, LLC, and Waiver of Phase I Environmental Site Assessment Required under RP 26;

Issuance of a New Revocable Permit to Pacific Biodiesel Technologies, LLC, located at Maalaea Small Boat Harbor, Waikapu, Wailuku, Maui, Hawaii, Tax Map Key: (2) 3-6-001:002 (por.); and

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

3. Consent to Sublease Under Harbor Lease No. H-70-14, Keehi Marine, Inc. (“Keehi Marine”, Lessee, To: Rick Abille, an Individual, Sublessee, Ke’ehi Small Boat Harbor, Kalihi-Kai, Honolulu, Hawaii, Tax Map Key: (1) 1-2-023:030.

4. Consent to Sublease Under Harbor Lease No. H-70-14, Keehi Marine, Inc. (“Keehi Marine”, Lessee, To: Maybe Ready Monday Services LLC, a Hawaii limited liability company, Sublessee, Ke’ehi Small Boat Harbor, Kalihi-Kai, Honolulu, Hawaii, Tax Map Key: (1) 1-2-023:030.

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Third Time Extension Request for Conservation District Use Permit (CDUP) KA-3668 for the Kalāheo Water System Improvements and Subdivision by the County of Kaua`i- Department of Water Supply (DOW) Located at Kalāheo and Wahiawa, Kaua‘i, Tax Map Keys: (4) 2-4-004: 005, 039, 049 & 058; (4) 2-4-009:003 & 008; (4) 2-4-003:006 & 007.