Land Board Submittals – 06/28/24

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

DATE:             June 28, 2024

          TIME:              9:00 A.M.

PLACE:           DLNR Boardroom, Kalanimoku Bldg. 1151 Punchbowl St. 1st Floor Room 132/ & Online via Zoom

Meeting ID: 828 4045 2516
ZOOM LINK: https://us06web.zoom.us/j/82840452516
LIVE STREAM: https://www.youtube.com/live/PHuUi1Q9OYI

 

This meeting will be held using interactive conference technology under section 92-3.7, Haw. Rev. Stat. (HRS). Board members, staff, applicants, testifiers, and the public can choose to participate in person, online via Zoom, or by telephone. The public may also view the live meeting via its live stream at: https://www.youtube.com/live/PHuUi1Q9OYI

To Provide Written Testimony
We encourage interested persons to submit written testimony in advance of the meeting, which will be distributed to Board members prior to the meeting and allow a timely review. Please submit written testimony via email to: [email protected]. Written testimonies can also be mailed to: P.O. Box 621, Honolulu, Hawaii 96809. Written testimonies may be posted upon the Board of Land and Natural Resources meeting website; as a precaution, please be mindful with any personal information prior to submitting unless you intend it to be shared. Late written testimony will be retained as part of the record and distributed to Board members as soon as practicable, but we cannot ensure the Board will receive it in sufficient time to review, prior to decision-making.

To Provide In-Person Oral Testimony (masks are highly encouraged)
Attend in-person at: 1151 Punchbowl St. Room 132 (Kalanimoku Building), Honolulu, Hawaii.

To Provide Testimony by Telephone
On the day of the meeting at the start of the agenda item you wish to testify on, dial 1-669-444-9171 (Zoom); input the meeting ID: 828 4045 2516 and follow the prompts.

To Provide Video/Zoom Testimony
Please send your request in a timely manner to: [email protected] with your information, email address, and the agenda item you wish to testify on. Once your request has been received, you will receive a confirmation email with pertinent information. You may testify without signing up in advance.

We kindly ask that all oral/video testimony be limited to not more than three (3) minutes. We ask that you identify yourself and any affiliation before speaking, but you can choose not to do so.

The Board may go into Executive Session pursuant to section 92-5(a)(4), HRS, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.

If you need an auxiliary aid/service or other accommodation due to a disability, please contact, BLNR Secretary, at 808.587.0404 or [email protected] as soon as possible. Requests made as early as possible have a greater likelihood of being fulfilled. Upon request, this agenda and other materials are available in alternate/accessible formats.

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 but before the close of the board meeting. It is up to you. Any request must also be made in writing within ten calendar 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.

 

C.        DIVISION OF FORESTRY AND WILDLIFE

1.    Non-Action Item – Informational Briefing on the Use of the Larvicide Bacillus thuringiensis israelensis (BTI) to Aid in Suppressing Mosquito Populations on Maui and Kauai.

2.    Annual Review of Grants from the Land Conservation Fund for Each Project that has been Pending for Over Five Years:

(A)         LLCP 2017-03, Hawaiian Islands Land Trust, Kepler Keʻanae Loʻi Conservation Easement, District of Koʻolaupoko, Island of Maui, Tax Map Key Number (2) 1-1-003:041

(B)         LLCP 2019-04, Division of Forestry and Wildlife, Kāneʻohe Pali to Loʻi, District of Koʻolaupoko, Island of Oʻahu, Tax Map Key Numbers (1) 4-5-025:008, (1) 4-5-041:001, (1) 4-5-041:004, and (1) 4-5-042:018

 

D.        LAND DIVISION

1.    Partial Withdrawal from Governor’s Executive Order No. 4663 (EO 4663) and Reset Aside to the County of Kauai for Housing Purposes; Issuance of Immediate Construction Right-of-Entry to the County of Kauai; Authorize Acceptance of a Bill of Sale from the County of Kauai to the Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW), Covering Infrastructure Improvements the County Constructs on Land Set Aside to DOFAW under EO 4663, Nawiliwili, Lihue, Kauai, Tax Map Key: (4) 3-8-005:portions of 002 (known as the Pua Loke Nursery and Arboretum).

2.    Consent to Assign General Lease No. S-4254, from Marine Consulting & Engineering Corp. (Registered on May 21, 1991, involuntarily dissolved on December 4, 2012), Assignor, to Marine Consulting & Engineering Corp. (Registered on March 19, 2024), Assignee; Approval of 10-Year Term Extension General Lease No. S-4254, Marine Consulting & Engineering Corp. (Registered on March 19, 2024), Lessee, Kekaha, Waimea, Kauai, Tax Map Key: (4) 1-3-008:004.

3.    Amend Revocable Permit No. S-7950, by Amending the Removal Date for the Temporary Structure from May 11, 2024, to the Amended Expiration Date of Emergency Conservation District Use Permit MA 21-10; Mantokuji Mission of Paia, Maui, Lessee; Lower Paia, Maui; Tax Map Key: (2) 2-6- 008: seaward of 013.

The purpose of this amendment is to amend the date by which the temporary erosion control structure fronting Mantokuji Mission of Paia must be removed to conform to the May 30, 2026, amended expiration date of Emergency Conservation District Use Permit MA 21-10 for the structure, as approved by the Chairperson on May 12, 2024.

4.    After-the-Fact Issuance of Revocable Permit to Na Aikane o Maui, Inc. (NAOMI) for Community Resource Center Purposes for the Period January 1, 2010 through December 31, 2010, with After-the-Fact Annual Renewals for the Period January 1, 2011 Through August 9, 2023, Lahaina, Maui, Tax Map Key: (2) 4-6-007:008. [Testimony – 6/26, 6/27 Late – 6/27, 6/28]

 

E.        STATE PARKS

1.    Request Approval to Continue Revocable Permit SP0002 Issued to Hui Makaʻāinana o Makana, for Management of a Reservation System for the Collection of Parking and Entry Fees, Shuttle Services and Resource Enhancement at Hāʻena State Park, Kauaʻi, Hawaiʻi, Tax Map Keys: (4) 5-9-001:022 portion and (4) 5-9-008:001 portion. [Testimony – 6/25, 6/27]

 

J.         DIVISION OF BOATING AND OCEAN RECREATION

1.    Renewal of Revocable Permits on the Islands of Oahu, Maui, Hawaiʻi and Kauai, See Exhibit E for List of Revocable Permits; and

Waiver of Requirement for Conducting Phase I Environmental Site Assessment upon the termination of Revocable Permit Nos. 11 and 90; and Declare Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules. [Testimony – 6/25, 6/26, 6/27 Late – 6/27]

 

K.        OFFICE OF CONSERVATION AND COASTAL LANDS

1.    Non-Action Item – Presentation by the Center for Maunakea Stewardship on the 2023 Annual Progress Report of the Mauna Kea Comprehensive Management Plan (CMP) for the Mauna Kea Science Reserve, Kaohe Mauka, Hamakua, Hawaii, Tax Map Key parcels (3) 4-4-015:009 and (3) 4-4-015:012. [Testimony]

 

M.        OTHERS

1.    Issuance of a Revocable Permit for Passenger Check-In Counters, Air Canada, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 058.

2.    Issuance of a Revocable Permit for Aircraft Parking, Air Data Solutions LLC, Daniel K. Inouye International Airport, Tax Map Key: 1-1-076: Portion of 23.

3.    Issuance of a Revocable Permit for Staging and Parking of School Buses, Ground Transport, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-004: 007 and (1) 1-1-004: 087.

4.    Issuance of a Revocable Permit for Use of a T-Hangar for Storage and Maintenance of a Personal Aircraft, Hawaii Aviators LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 21.

5.    Issuance of a Revocable Permit for Passenger Check-In Counters, Hawaiian Airlines, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 058.

6.    Amend Concession Lease No. DOT-A-92-0018 for Additional Food and Beverage Space, Restaurant and Lounge Concession, Host International, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003:050 and 060 (Portion).

7.    Issuance of a Revocable Permit for Passenger Check-In Counters, Korean Air Lines Co., Ltd., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 058.

8.    Issuance of a Revocable Permit for Aircraft Parking, N50837 LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 23.

9.    Issuance of a Revocable Permit for an Office, Storage Space and Vehicle Parking, Oshkosh Aerotech, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 050.

10. Issuance of a Revocable Permit for Warehouse, Parts Storage and Vehicle Parking, Oshkosh Aerotech, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 001.

11. Issuance of a Revocable Permit for Passenger Check-In Counters, Philippine Airlines, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 058.

12. Issuance of a Revocable Permit for Use of a T-Hangar for Storage and Maintenance of a Personal Aircraft, Precision Drilling Services LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 21.

13. Issuance of a Revocable Permit for Passenger Check-In Counters, Qantas Airways Limited, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 058.

14. Issuance of a Revocable Permit for Passenger Check-In Counters, ZIPAIR Tokyo Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 058.

15. Issuance of a Revocable Permit for an Office Trailer, Burns & McDonnell Engineering Company, Inc., Hilo International Airport, Tax Map Key: (3) 2-1-012: Portion of 125.

16. Issuance of a Revocable Permit for Storage of Materials and Equipment and Vehicle Parking, KCK Builders LLC, Hilo International Airport, Tax Map Key: (3) 2-1-012: Portion of 152 and Portion of 009.

17. Issuance of a Revocable Permit for Cargo Building and Ramp Space for Freight Handling Operation, Able Freight Services, LLC, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

18. Issuance of a Directly-Negotiated Land Lease for a Fueling Facility, Hawaii Fueling Facilities Corporation, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

19. Issuance of a Revocable Permit for Office Space for Security Services Operations, Universal Protection Service, LP dba Allied Universal Security Services, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

20. Issuance of a Revocable Permit for Land for Field Offices, Staging of Materials and Equipment, Vehicle Parking and Other Uses, Road and Highway Builders, LLC, Lihue Airport, Tax Map Key: (4) 3-5-001: Portion of 008 and (4) 3-5-001: Portion of 158.

21. Issuance of a Revocable Permit for Terminal Space for an In-Flight Crew Lounge, Hawaiian Airlines, Inc., Kahului Airport, Tax Map Key: (2) 3-8-001: Portion of 243.

22. Issuance of Revocable Permit for Terminal Space for Employee Lockers to Support Airline Carrier Operations, Southwest Airlines Co., Kahului Airport, Tax Map Key: (2) 3-8-001: Portion of 224.

23. Issuance of a Revocable Permit for the Management and Operation of the Massage Chairs Concession, Smarte Carte, Inc., Daniel K. Inouye International Airport (HNL), Kahului Airport (OGG), Hilo International Airport (ITO), and Lihue Airport (LIH), Tax Map Keys: HNL (1) 1-1-003, OGG (2) 3-8-001, ITO (3) 2-1-012, and LIH (4) 3-5-001.

24. Issuance of a Concession Agreement Relating to the Operation of the Statewide In-Bond (Duty-Free) Concession by Request for Proposals, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 001 (Portion).

 

M-HAR (DOT HARBORS)

1.    Request for Authorization to issue three month-to-month Revocable Permits (RP) to Hawaii Stevedores, Inc., for a management office, container office, and breakroom container, situated at Pier 1, Hilo Harbor, island of Hawaii, Tax Map Key (TMK) No. (3) 2-1-009:007 (Portion), Governor’s Executive Order No. 3962.

2.    Authorize the issuance of 27 month-to-month Revocable Permits (RP) to Young Brothers, LLC, for various areas to support its interisland barge operations situated at Piers 2 and 3, Kahului Harbor, island of Maui, Tax Map Key (TMK) Nos. (2) 3‑7‑010:999 (Portion), (2) 3-7-010:001 (Portion), (2) 3-7-010:002 (Portion), (2) 3-7-010:003 (Portion), and (2) 3-7-008:002 (Portion), Governor’s Executive Order Nos. 2635 and 3318, Highway (HWY) 2372 Memo dated September 15, 2017 (Memo), Transfer to the Hawaii Department of Transportation (HDOT) and pending set aside by Governor’s Executive Order.

3.    Authorize the issuance of a month-to-month Revocable Permit (RP), to P & R Water Taxi LLC, for container storage of tugboat supplies, situated at Pier 2, Kahului Harbor, island of Maui, Tax Map Key (TMK) No. (2) 3‑7‑010:003 (Portion), Governor’s Executive Order No. 2635.