Land Board Submittals – 10/13/23
AGENDA
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES
DATE: October 13, 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 :
| October 13, 2023 |
| Dial: +1 669 444-9171 At the prompts, enter: Meeting ID: 863 8890 1459 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.
Update …
10/12/23 – Item D-13 Withdrawn
NOTE: Agenda Items may be taken out of order.
A. MINUTES
1. Approval of the Summary Minutes of the May 26, 2023, meeting.
C. DIVISION OF FORESTRY AND WILDLIFE
1. Request approval of Final Environmental Assessment and Authorization for the Chairperson to issue a Finding of No Significant Impact for the “use of Wolbachia-Based Incompatible Insect technique for the suppression of non-native southern house mosquito populations on Kauai”. [Testimony]
D. LAND DIVISION
1. NON-ACTION ITEM: Report Relating to Rental Reopening of the Kikala-Keokea Subdivision, Kikala and Keokea, Puna, Hawaii; Tax Map Keys: (3) 1-2-07: Various [Testimony]
5. Annual Renewal of Revocable Permits in Maui County. See Exhibit 2 for list of Revocable Permits.
6. NON-ACTION ITEM: Update Regarding the Disposition of Water License for Water Use from East Maui on the Island of Maui. [Testimony]
7. Issuance of a Right-of-Entry Permit to the United States through its Army Corps of Engineers, Honolulu District, Department of the Army, to Conduct Defense Environmental Restoration Program Activities on State Lands Including Submerged Lands on the Islands of Oahu and Hawaii. See Exhibit 2 for List of Subject Properties.
8. Amend prior Board Action of September 11, 2020, Item D-7,
10. Issuance of Right-of-Entry Permit to Hilton Hawaiian Village, LLC for Sand Placement Project, Waikiki, Honolulu, Oahu, Identified as Tax Map Key: (1) 2-3-037: portion of 021. [Testimony]
11. Quitclaim of State’s Interests, if Any, in Portions of Forest Ridge Way as Remnants to the City and County of Honolulu; Makiki, Honolulu, Oahu; TMK: (1) 2-5-015:023 and portions of Forest Ridge Way. [Testimony]
13. Authorize the Withdrawal of Approximately 5 Acres from Governor’s Executive Order No. 4584 to the Department of Agriculture for Agriculture Purposes, Honouliuli, Ewa, Oahu, Tax Map Key: (1) 9-1-031:001; and
Authorize the Withdrawal of Approximately 5 Acres from Department of Agriculture General Lease No. S-3138 to Hawaii Land and Livestock, LLC for Diversified Agriculture Including Animal Feedlot Purposes for Finishing Prior to Slaughter of Livestock, Honouliuli, Ewa, Oahu, Tax Map Key: (1) 9-1-031:001; and
Authorize an Immediate Management Right-of-Entry Permit and Set Aside to the
Agribusiness Development Corporation for Small Animal Slaughterhouse Purposes, Honouliuli, Ewa, Oahu, Tax Map Key: (1) 9-1-031:001, por.; and
Authorize the Agribusiness Development Corporation to Negotiate a Direct Lease with Oahu Pork Producers, LLC for a Small Animal Slaughterhouse, Honouliuli, Ewa, Oahu, Tax Map Key: (1) 9-1-031:001, por. [Withdrawn – 10/12/23]
14. Grant of Term, Non-Exclusive Easement to HTH DH Ventures, LLC for Steps at
Waikiki, Honolulu, Oahu, Tax Map Key: (1) 3-1-039: seaward of 065.
F. DIVISION OF AQUATIC RESOURCES
1. Request for Authorization and Approval to Issue a Special Activity Permit (SAP 2024-60) for David McInroy of the British Geological Survey, Principal Marine Geoscientist, for the Collection of Fossilized Reef Cores from Submerged Lands in State Waters off of Hawaii Island, for the Purposes of Climate Research. [Testimony]
K. OFFICE OF CONSERVATION AND COASTAL LANDS
1. Request for Administrative Fines and Other Penalties Against 59-181 Ke-Nui LLC, including members Eric and Moniza Freeman, for Conservation District Enforcement Case OA 22-18 Regarding the Alleged Permit Noncompliance, Construction of Shoreline Erosion Control Device, and Encroachment Upon State Land Located Makai of 59-181 D Ke Nui Rd., Tax Map Key: (1) 5-9-002:034 [Testimony] [Staff]
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.
L. ENGINEERING
1. Authorize the Approval and Issuance of Dam Safety Permit P90 to Remove the Hawi No. 5 Reservoir (HA-0051), North Kohala, Hawaii, Tax Map Key: (3) 5-5-007:005 & 5-5-007:010.[Testimony]
2. Deny Dole Food Company’s Request for Suspension of Remediation Timelines and Fines for the Wahiawa Dam (OA-0017), Helemano 6 Dam (OA-0023) and Kemoo 5 Dam (OA-0021) and Authorize a Variance to Allow a Partial Payment of the Dam Safety Permit Application Fee, Wahiawa, Oahu. Tax Map Keys 7-1-012:014, 7-3-013:003, 7-3-012:002, 7-3-007:001. [Testimony]
M. OTHERS