Land Board Submittals – 08/25/23

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

                                         DATE:             August 25, 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 :

August 25, 2023
Dial: +1 669 444-9171
At the prompts, enter:
Meeting ID: 864 0946 6272
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 …

  1. Item D-6 – Withdrawn RP 7915  (8/25/23)

 

A. MINUTES

1. Approval of the Summary Minutes of the April 14, 2023, meeting.
2. Approval of the Summary Minutes of the April 28, 2023, meeting.

D. LAND DIVISION

1. Amend Prior Board Action of July 28, 2023, Item D-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.

2. Approval of County of Hawaii’s Issuance of Two Term, Non-Exclusive Easements for Utility Purposes to Hawaiian Electric Company, Inc. on Lands under Governor’s Executive Order Nos. 4223 and 4224 to County of Hawaii, Waiakea, South Hilo, Hawaii, Tax Map Keys: (3) 2-4-001:176 & 177. [Testimony]

3. Consent to Assign General Lease No. S-6101, LEE-C CORP., Assignor, to O’NY E’SY, LLC, Assignee, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-2-032:064.

4. Pursuant to Act 90, Session Laws of Hawaii 2003 (Act 90), as mutually agreed upon between Department of Land and Natural Resources (DLNR) and Department of Agriculture (DOA), Approve the Set Aside to the DOA for Pasture Purposes (with Alternate Agriculture Use Allowed on 10% of the Land), General Lease No. S-4475, K. K. Ranch, Inc., Lessee, Covering Parcels 7-A and 7-B, Government Land of Kalopa and Kaʻohe 3, Hamakua, Hawaii, Tax Map Keys: (3) 4-4-014:002 & 011.

[Testimony]

5. Pursuant to Act 90, Session Laws of Hawaii 2003 (Act 90), as mutually agreed upon between Department of Land and Natural Resources (DLNR) and Department of Agriculture (DOA),

1. Approve the Withdrawal of 7,000 Acres, more or less, from General Lease No. S-5374, Kapapala Ranch, Lessee; Grant of Term, Non-Exclusive Easement to Department of Agriculture for Water Pipeline Purposes over Area so Withdrawn; Authorize Department of Land and Natural Resources, Division of Forestry and Wildlife, to Conduct a Public Hearing to Set Aside the Withdrawn Area as an Extension of the Kapapala Forest Reserve, Kapapala, Kau, Hawaii, Tax Map Key: (3) -8-001:010 (pors.);

2. Set Aside of Remainder of Lands under General Lease No. S-5374, Kapapala Ranch, Lessee (Approximately 15,684.168 Acres, more or less), to Department of Agriculture for Agricultural Purposes Including Pasture, existing Single Family Residential and Employee Residential Use, and Eco-tourism Purposes.

3. Set Aside Lands under Revocable Permit Nos. S-7637 and S-7758, Kapapala Ranch, Permittee, to Department of Agriculture for Pasture Purposes; Ahulili and Kapapala, Kau, Hawaii, Tax Map Keys: (3) 9-6-011:002, 9-8-001:003, 006, 011, 012, and 013.

[Testimony]

 

6. Annual Renewal of Revocable Permits for Oahu. See Exhibit 2 for list of Revocable permits. [Testimony] [Withdrawn – RP 7915 – 8/25/23]

7. Issuance of Right-of-Entry Permit to Hawaii Amateur Surfing Association, for Amateur Surf Event Koki Beach, Hana, Maui, Tax Map Key: (2) 1-4-007: Portion of 009.

8. Cancellation of Governor’s Executive Order No. 0004 and Reset Aside to 1) City and County of Honolulu, Department of Parks and Recreation for Public Park and Other Recreational Purposes and 2) Department of Land and Natural Resources, Division of State Parks for Culture and Recreation Program Purposes, Kaukahoku, Nuuanu Valley, Honolulu, Oahu, Tax Map Key: (1) 2-2-034:027 and 028.

9. Withdrawal from Governor’s Executive Order No. 1854 and Reset Aside to the Department of Transportation, Highways Division, for Highway Purposes; Kalihi, Honolulu, Oahu; Tax Map Key: (1) 1-3-008: portion of 004; Issuance of Immediate Construction and Management Right-of-Entry Permit; Kalihi, Honolulu, Oahu; Tax Map Keys: (1) 1-3-004: portion of 123 and (1) 1-3-008: portion of 004.

 

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Consent to the Assignment of a 50% Interest in Boating Lease No. LH-19-002 Held by One (International and Pacific Enterprises, LLC) of the Two Members of Lessee Pacific Marine Partners LLC, to Its Other 50% Member (Jonas Ikaika Solliday) and Authorize a Ten-Year Lease Extension, Situated at Honokohau Small Boat Harbor, North Kona, Island of Hawaii, Hawaii, Tax Map Key: (3) 7-4-008:003 (Por). [Testimony]

NON-ACTION

2. Informational Briefing on DOBORʻs Non-Profit Rent Policy for 501(c)(1) and 501(c)(3) Organizations. [Testimony]

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Approval of Sea Life Park Conceptual Master Plan proposes to Expand the Number of Exhibits provided to the Visiting Public, Improve other Facilities such as Entrances, Walkways, Parking and the Dining Area to include a Viewing Deck. Sea Life Park Special Subzone, Waimānalo, Koʻolaupoko, Oʻahu, Tax Map Key: (1) 4-1-014: 004.

M. OTHERS

1. Issuance of a Revocable Permit for Commercial Use of a T-Hangar for Storage and Maintenance for Two Aircraft in Support of a Commercial Aeronautical Gyrocopter Flight Instruction Business, Gyrocopters Hawaii LLC dba Skyland Air, Kawaihapai Airfield, Waialua, Hawaii, Tax Map Key: (1) 6-8-014: Portion of 017.

2. Issuance of a Revocable Permit for Office Space, Alclear, LLC dba Clear, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 001.

3. Issuance of a Revocable Permit to Stage Fuel Trucks, Eagle Air Med Corporation, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-072: Portion of 027.

4. Issuance of a Revocable Permit for Vehicle Parking and Container Storage, NCNS Environmental, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-004: 018.

5. Issuance of a Revocable Permit for Warehouse Storage of Moving Supplies and Materials for Its Moving and Transportation Operations, Royal Hawaiian Movers, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-004: 088.

6. Issuance of a Revocable Permit for Parking and Storage of Rental Car Vehicles, EAN Holdings, LLC, Hilo International Airport, Tax Map Key: (3) 2-1-012: Portion of 009.

7. Issuance of a Lease for the Maintenance and Operation of an Air Traffic Control Tower, United States of American, Acting By and Through the Federal Aviation Administration, Molokai Airport, Tax Map Key: (2) 5-2-004: Portion of 008.

8. Issuance of a Revocable Permit for Land for Trailer and Parking, Alclear, LLC dba Clear, Kahului Airport, Tax Map Key: (2) 3-8-001: Portion of 019.

9. Issuance of a Directly Negotiated Land Lease for a Hangar Facility to Support Fixed-Base Operations, Windward Aviation, LLC, Kahului Airport, Tax Map Key: (2) 3-8-001: Portion of 019.