Land Board Submittals – 10/11/24

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

DATE:             October 11, 2024

          TIME:              9:00 A.M.

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

Meeting ID: 814 3140 3479
ZOOM LINK: https://us06web.zoom.us/j/81431403479
LIVE STREAM: https://www.youtube.com/live/D01rEHZKjrI

 

The agenda and the listed submittals will be provided in the Board Packet.
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/D01rEHZKjrI

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: 814 3140 3479 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. Request for adaptive management measures by formal board action pursuant to Section 183D-3(b), Hawaii Revised Statutes, to temporarily amend Hawaii Administrativcxce Rules (HAR), Title 13 Chapter 123, Rules Regulating Game Mammal Hunting, by amending Exhibit 9 as referenced in HAR Sections 13-123-3 (authorized hunting), 12-123-4 (bag limits, open seasons, and hunting days), for game mammals to be taken on the Island of Maui. [Testimony – 10/7, 10/9, 10/14]

2. Issuance of Revocable Permit and Immediate Management Right-of-Entry Permit to Henry Edward “Bud” Gibson for Grazing Purposes in the Waimanalo Forest Reserve, Waimanalo, Oahu, Hawaii, Tax Map Key: 1-4-1-010: portion of 107. [Testimony – 10/9, 10/10]

D. LAND DIVISION

1. Amend General Lease No. S-4401 to Kauai Soto Zen Temple Zenshuji for Church and Related Purposes, Waimea Village, Waimea, Kauai, Tax Map Key: (4) 1-8-008:082.

The purpose of the amendment is to change the rent payable from a net annual rent of $2,400 per year for the term of the lease to rent for the final 15 years of the lease term based on the Board of Land and Natural Resources then prevailing policy on leasing to eleemosynary organizations, which is currently $480 per year, and to add a rent reopening provision specifying rental reopenings in alignment with the policy at the 50th and 60th years of the lease.

2. Annual Renewal of Revocable Permits for Hawaii. See Exhibit 2 for list of
Revocable Permits.

3. Set Aside to the Department of Agriculture, Pursuant to Act 90 Session Laws of Hawaii 2003, for Pasture, Intensive Agriculture, and Apiary Purposes on the Island of Hawaii, See Exhibit B for List of Tax Map Keys to be set aside. [Testimony – 10/9, 10/10]

4. Issuance of Direct Lease to Mauna Kea Stewardship and Oversight Authority for Agency Headquarters Purposes with Issuance of an Immediate Right-Of-Entry Permit for Construction and Management Purposes, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-2-049:022. [Testimony – 10/10]

5. Consent to Federal Interest Affecting Property Located on the Land Covered by General Lease No. S-5976 Regarding the Replacement of the Existing Air Conditioning System; Hospice of Hilo, Lessee, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-4-001: 179.

6. Set Aside to the Statewide Office on Homelessness and Housing Solutions for Kauhale Housing Project Purposes; Issuance of Immediate Management Right-of-Entry Permit: Waimanalo, Koolaupoko, Oahu; Tax Map Key: (1) 4-1-008:008. [Testimony – 10/11, Late – 10-15]

7. Grant of Term, Non-Exclusive Easement, Immediate Right-of-Entry and Revocable Permit to William S. Chee, Trustee of That Certain Unrecorded The William S. Chee Trust, dated August 27, 2008, and WSC Capital LLC for Beach Revetment Purposes, Waialae-Iki, Honolulu, Oahu, Tax Map Key: (1) 3-5-058: seaward of 004.

8. Grant of Term, Non-Exclusive Easement, Immediate Right-of-Entry and Revocable Permit to Soichiro Fukutake, Trustee of That Certain Unrecorded Soichiro Fukutake Revocable Living Trust Dated October 6, 2006, for Seawall Footing, Waikiki, Honolulu, Oahu, Tax Map Key: (1) 3-1-041: seaward of 024.

J. DIVISION OF BOATING AND OCEAN RECREATION

1. J-1A: Reissuance of a Revocable Permit to Blue Water Shrimp International, LLC, Permittee, for the Period Beginning October 1, 2024, Through November 30, 2024, situated at Ala Wai Small Boat Harbor, Honolulu, Oahu, Tax Map Key: (1) 2-6-010:003 (por.) and :016 (por.)

And

Declare Project Exempt from Environmental Assessment Requirements of Chapter 343, Hawaii Revised Statutes and Title 22, Chapter 200.1, Hawaii Administrative Rules

J-1B: Non-Action Item: Presentation to the Board of DOBOR’s Plan for the Use of the Dirt Lot Along Ala Wai Blvd., Situated at Ala Wai Small Boat Harbor, Honolulu, Oahu, Tax Map Key: (1) 2-6-010:005, (1) 2-6-010:016 and (1) 2-6-010:003.

[Testimony – 10/7, 10/8, 10/9, 10/10, 10/11, 10/14, Late – 10/15]

 

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Request for Administrative Fines and Other Penalties Against Juan and Judith Silva for the Conservation District Enforcement Case HA 24-23 Regarding the Alleged Modifications to a Single-Family Residence and Placement of Accessory Structures within the Conservation District Located at 32-2455 Stone Road, Tax Map Key (TMK): (3) 3-2-004:044

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