Land Board Submittals – 07/26/24

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

DATE:             July 26, 2024

          TIME:              9:00 A.M.

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

Meeting ID: 846 9871 3263
ZOOM LINK: https://us06web.zoom.us/j/84698713263
LIVE STREAM: https://www.youtube.com/live/1SeLFe9oid0

 

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/1SeLFe9oid0

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.

A. MINUTES

  1. Approval of June 14, 2024, Summary Meeting Minutes
  2. Approval of June 26, 2024, Summary Meeting Minutes
  3. Approval of the Summary Meeting Minutes for the meeting held on December 7, 2023, and continued on December 8, 2023, and December 15, 2023.

 

C. DIVISION OF FORESTRY AND WILDLIFE

  1. Reconsideration of Conditions Imposed for the Partial Withdrawal from Governor’s Executive Order No. 4663 (EO 4663) and Re-set Aside to the County of Kauai for Housing Purposes; and Issuance of Immediate Construction Right-of-Entry to the County of Kauai; and 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).

[Testimony – 7/22, 7/23, 7/25, Late – 7/25, 7/26]

 

D. LAND DIVISION

  1. Cancellation of Governor’s Executive Order Nos. 52, 2771, and 2889 and Reset Aside to the County of Maui for Public Park and Parking, Cultural and Ecological Restoration, Public Recreation, and Ancillary Purposes, Wainee and Waiokama, Lahaina, Maui, Tax Map Keys: (2) 4-6-007: 002 & 036 and (2) 4-6-002: 010.Authorize the issuance of a management right-of-entry permit to the County of Maui for Public Park and Parking, Cultural and Ecological Restoration, Public Recreation, and Ancillary Purposes, Wainee and Waiokama, Lahaina, Maui, Tax Map Keys: (2)4-6-007: 002 & 036 and (2) 4-6-002: 010.
  2. Rescind Prior Board Action of August 11, 2023, Under Agenda Item D-2, Approving Right-of-Entry Permit to Na Wahine O Ke Kai, for Annual Canoe Race Start Events, Hale O Lono, Kaluakoi, Molokai, Tax Map Key (2) 5-1-002: 012 por.The reason for the rescission is that Na Wahine O Ke Kai no longer exists as an entity, having filed Articles of Dissolution with the Department of Commerce and Consumer Affairs on May 1, 2024. Additionally, the September 24, 2023 race event approved by the Board in its prior action was canceled on August 15, 2023 after the wildfire disaster in Maui.Issuance of Right-of-Entry Permits to Oʻahu Hawaiian Canoe Racing Association Hawaii for Annual Canoe Race Start Events from 2024 to 2028 to be held each Year in the Months of September and October at Hale O Lono, Kaluakoi, Molokai,Tax Map Key (2) 5-1-002: 012 por.[Testimony – 7/24, 7/25 Late – 7/26]
  3. Issuance of Right-of-Entry Permit to Hawaii Explosives & Pyrotechnics, Inc. for Private Event Aerial Fireworks Display at Duke Kahanamoku Lagoon on Monday, August 5, 2024, Waikiki, Honolulu, Oahu, Tax Map Key: (1) 2-3-037: portion of 021.
  4. Issuance of Right-of-Entry Permit for One (1) Day to Oahu Pentathlon, LLC for the Oahu Pentathlon Swim, Run, Paddle, Bike, Carry, and Bike Race Event to Take Place on August 3, 2024 at Castles Beach, Kailua, Oahu, Tax Map Key (1) 5-5-002: seaward of 061.
  5. Issuance of Right-of-Entry Permit for One (1) Day to Waikiki Roughwater Swim Committee, Inc. for the 52nd Annual Waikiki Roughwater Swim Finish Line Area on September 2, 2024, at Waikiki, Honolulu, Oahu, Tax Map Key: (1) 2-3-037: portion of 021.

 

J. DIVISION OF BOATING AND OCEAN RECREATION

  1. Approve Installation of two (2) New Offshore Moorings outside of an Established Offshore Mooring Area, Makaiwa Bay, Kamuela, Island of Hawaii, Hawaii, For DHL MAHI OPC), LLC.

[Testimony – 7/23, 7/24, 7/25 Late – 7/26]

 

L. ENGINEERING

  1. Delegation of Authority to the Chairperson to: (1) Procure, Award and Enter into Professional Service Consultant Contracts for Capital Improvement Program Projects Funded by the Legislature as Listed in Exhibit 1 or with Program Operating Funds; (2) Declare a Construction Project Exempt from the Preparation of an Environmental Assessment or Approve an Environmental Assessment and Issue a Finding of No Significant Impact, if Appropriate; and (3) Approve, Procure and Enter into Construction Contracts for Capital Improvement Program Projects Funded by the Legislature as Listed in Exhibit 1 or with Program Operating Funds