Department of Land and Natural Resources

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

DATE: FRIDAY, May 08, 2015

TIME: 09:00 A.M.

PLACE: KALANIMOKU BUILDING

LAND BOARD CONFERENCE ROOM 132

1151 PUNCHBOWL STREET

HONOLULU, HAWAII 96813

 

A. MINUTES

1. Approval of February 13, 2014 Minutes
2. Approval of February 27, 2015 Minutes
3. Approval of March 13, 2015 Minutes
4. Approval of March 27, 2015 Minutes

 

C.   FORESTRY AND WILDLIFE

1. Request For Authorization to Negotiate And Sign A Contract(s) To Install Ungulate-Proof Fencing Within The Kaʻala Natural Area Reserve And Mokuleia Forest Reserve, Tax Map Keys (1) 6-8-001:001, 6-7-03:18, 6-7-03:25, 8-4-02:65, Waialua, Mokulēʻia, Oʻahu.

   AND

   Request approval of declaration of exemption to Chapter 343, HRS, Environmental compliance requirement for this project.

2. Request for Approval to Enter Into a Memorandum of Understanding between the State of  Hawai‘i, the United States Department of Agriculture, and the Hawai‘i Association of Conservation Districts Concerning Collaboration on Delivery of Forestry-Related Conservation Assistance on Private Land.
3. Status Report for the Hawaiʻi Conservation Reserve Enhancement Program.
4. Request Approval for Selection of Competitive Sealed Proposal Process and Authorize the Chairperson to Award and Execute a Contract for Development of a Management Plan and completion of Environmental Assessments and Related Regulatory Compliance Documents for Establishing the Kanaio Game Management Area at Tax Map Key (2)-2-001-002:001, (2)-2-001-002:026, (2)-2-001-002:025, (2)-2-001-002:009, (2)-2-001-002:004, (2)-2-001-002:010, (2)-2-001-002:007, (2)-2-001-002:008, (2)-2-001-002:003, (2)-2-001-002:006, (2)-2-001-002:022, (2)-2-001-002:023, (2)-2-001-002:015, (2)-2-001-002:021, (2)-2-001-002:020, (2)-2-001-002:019, Kanaio, Tax Map Key (2)-2-001-002:016, (2)-2-001-002:017,  Kanaio/Kaloi, TMK (2)-2-001-002:024, Kaloi, TMK (2)-2-001-002:011, (2)-2-001-002:012, Kaunuhane, Tax Map Key (2)-2-001-002:014, (2)-2-001-002:013, (2)-2-001-002:018,   Kaloi/Kaunuhane, Tax Map Key (2)-2-001-004:006, (2)-2-001-004:035, Papaka Kai, Tax Map Key (2)-2-001-004:075, (2)-2-001-004:114 (por.), (2)-2-001-004:110, (2)-2-001-004:039, (2)-2-001-004:040, Papaka Kai/Kalihi, Maui.
5. Request Authorization For The Chairperson To Negotiate, Sign, Execute, and Amend A Memorandum Of Agreement With Finance Factors, Limited For The Establishment Of A Public Access Route To The Hilo Forest Reserve, South Hilo, Hawai’i, Tax Map Key: (3) 2-8-001:002

   AND

   Request Approval of Declaration Of Exemption From Chapter 343, Hawai’i Revised Statutes, Environmental Compliance Requirements For The Subject Memorandum of Agreement.

6. Authorization Of Funding For The Nature Conservancy of Hawaiʻi For $470,802 During FY 16-21 For Continued Enrollment In The Natural Area Partnership Program And Acceptance And Approval of The Pelekunu Preserve Long Range Management Plan, Tax Map Key 5-4-3:32, 5-9-6:11, Pelekunu, Molokai;

   AND

   Request Approval for Declaration of Exemption to Chapter 343, HRS, Environmental Compliance Requirements for the Project.

7.  Authorization of Funding For The Nature Conservancy of Hawaiʻi For $663,600 During FY 16-21 For Continued Enrollment in The Natural Area Partnership Program and Acceptance and Approval of The Kapunakea Preserve Long Range Management Plan, Tax Map Key (2) 4-4-7:01, 4-4-7:03, 4-4-7:07, Lāhainā, Maui;

   AND

   Request Approval of Declaration of Exemption to Chapter 343, HRS, Environmental Compliance Requirements for the Project.

 

 

D.   LAND DIVISION

1. Consent to Extension of Sublease under General Lease No. S-3852, United States of America, Department of the Navy, Sublessor, to New Cingular Wireless PCS, LLC dba AT & T Mobility, Sublessee, Waimea, Kekaha, Kauaʻi, Tax Map Key: (4) 1-2-002:por. 026.
2. Amend prior Board Action of September 27, 2013 Item D-4, After-the-Fact Consent to Assignment and After-the-Fact Consent to Mortgage of Grant of Easement No. S-4553 to Savio Waiākea Village LLC, as Grantee, Waiākea, South Hilo, Hawaiʻi, Tax Map Key: (3) 2-2-031: por. for landscape easement and Road Lots A and B adjacent to parcel 12.

   The amendments are:  1) Add an After-the-Fact Consent to Assignment of Grant of Easement No. S-4553, from Commissioner Sandra P. Song, as Grantor, to Owens Mortgage Investment Fund, as Grantee, for the purpose of completing the chain of title for the easement; 2) Correct the Mortgagee name used in the assignment, from Owens Financial Group, Inc. to Owens Mortgage Investment Fund.

3. Consent to Lease Term Extension Pursuant to Act 207, Session Laws of Hawaiʻi 2011, General Lease No. S-3622, Hiroshi Matsubara and Naoe Matsubara, Lessee; Amendment of Terms and Conditions Regarding Assignment and Sublease Provisions for General Lease No. S-3622; Lot 29, Kanoelehua Industrial Lots, Waiākea, South Hilo, Hawaiʻi, Tax Map Key: (3) 2-2-050:095. 
4. Intentionally Left Blank
5. Issuance of a Right-of-Entry Permit to MC&A Inc. for Team Building Sand Sculpting Beach Activity Event, at Mōkapu Beach, Wailea, Maui, Hawaiʻi: Tax Map Key:(2) 2-1-008: seaward of 067.
6. Approval in Principle of Acquisition of Privately Owned Land for Educational Purposes at Hāmākuapoko, Makawao, Maui; Tax Map Key: (2) 2-5-005:020
7. Quitclaim of State’s Interests, if Any, in Old Waikapū Road to the County of Maui, Waikapū, Maui, Tax Map Key: (2) 3-5-002 (por). 
8. Amend prior Board of Land and Natural Resources action of August 10, 1990, under agenda item F-7, as amended: Direct Sale of a Perpetual, Non-Exclusive Easement for Repair and Maintenance of Existing Seawall Seaward of and Fronting Tax Map Key: (2) 3-9-11:7 and 8; Waiohuli-Keokea Homesteads and Beach Lots, Waiohuli-Keokea (Kihei), Wailuku, Maui, Hawaiʻi. The purpose of the amendment is to change the applicant requesting the easement as to Parcel 8 to the Association of Owners of 1688 Halama Street Condominium (Association), include an exemption notification under Hawaiʻi Revised Statutes Chapter 343, amend the term of the easement from perpetual to 65 years, include requirements that the Association obtain a concurrent resolution from the Legislature for the issuance of the easement and provide an updated survey map, and authorize the issuance of an immediate management right-of-entry to the Association. 
9. Issuance of Right-of-Entry Permit to Napili Surf Association of Apartment Owners (AOAO) to Access State Lands for the Removal of Encroachments at Nāpili, Lāhainā, Maui, Tax Map Keys: (2) 4-3-002:023 and 099. 
10. Cancellation of Revocable Permit No. S-7525 to Bernard K. Halama (Deceased) for Residential and Agriculture Purposes and Issuance of a New Month-to-Month Revocable Permit to Noel and Linda Keliikoa for Residential and Agriculture Purposes at Honouliwai, Molokaʻi, Tax Map Key: (2) 5-8-003:023. 
11. Issuance of Right-of-Entry Permit to Hawaiʻi Explosives & Pyrotechnics, Inc. for Aerial Fireworks Display at Duke Kahanamoku Beach on May 17, 2015, Waikīkī, Honolulu, Oʻahu, Tax Map Key: (1) 2-3-037:021 (Portion).
12. Consent to a Non-Exclusive Easement, General Lease No.S-3980, Synergy Ventures LLC, Assignor, to Brian Lester Sakamaki, Donna J. Walden and Giampaolo Paul Boschetti, Assignees, Makiki, Honolulu, Oʻahu, Tax Map Key: (1) 2-4-029:066. 
13. Authorize the Chairperson Enter into Escrow Agreement and Right of Entry with ORF, LLC Regarding Removal of Encroachments on State Lands; Waikīkī, Honolulu, Oʻahu; Tax Map Key (1) 2-6-004:010 .
14. Second Amendment of Grant of Non-Exclusive Easement S-5668 to Evershine II, L.P. for Channel, Concrete Surge Break or Breakwater, Seawall, Step and Fill Purposes; Portlock, Honolulu, Oʻahu; Tax Map Key: (1) 3-9-026:Seaward of 044, 045, and 048. 

    The Amendment is to Include Additional Easement Area.

15. Issuance of Right-of-Entry Permit to Department of Transportation Highways Division for Geological and Topographical Field Surveys Purposes, Waimānalo, Koʻolaupoko, Oʻahu, Tax Map Key: (1) 4-1-009:262 (Portion). 
16. Amendment and Consent to Assignment of Grant of Non-Exclusive Easement No. S-5339, Sunset View Properties, LLC, as Assignor, to Stephen James McGillin and Diane Lynn McGillin, Trustees of The STEPHEN AND DIANE MCGILLIN 2002 TRUST dated November 14, 2002, as Assignee, Pūpūkea-Paumalau Beach Lots, Koʻolauloa, Oʻahu, Tax Map Key: (1) 5-9-020:050 seaward.  Rescind Prior Board Action of March 27, 2009, item D-13.  The Purpose of the Amendment is to Allow the Easement to “Run with the Land” and to Inure to the Benefit of the Private Property it Abuts.
17. Grant of Perpetual, Non-Exclusive Easement and Issuance of Immediate Construction and Management Right-of-Entry Permit to Hawaiian Electric Company, Inc. and Hawaiian Telcom, Inc. for Telecommunication and Electrical Transmission Lines Purposes, Aiea, ʻEwa, Oʻahu, Tax Map Key: (1) 9-9-012:portions of 005 and 046. 
18. Approval in Concept of Construction of Rehabilitation Center under General Lease No. S-5548, Hana Health, Lessee, Amend Lease Conditions 11 and 20 to Allow for the Placement of a Federal Interest on the Premises; Authorize Chairperson to Sign Landlord Letter of Consent in the Form Proposed by Health Resources and Services Administration, Kawaipapa, Hana, Maui; Tax Map Keys: (2) 1-4-003:022 and 024. 

 

 

E.    PARKS

1. Consent to Assign General Lease No. SP-0152, Anna Thuente, Miles Kawamoto, Michael Zins, Garry Miller, Assignors, to Anna Thuente, Michael Zins and Jon Ohman, Assigness, Lot 84, Puʻu Ka Pele, Waimea (Kona), Kauaʻi, Hawaiʻi, Tax Map Key: (4) 1-4-002:086.
2. Cancellation of Revocable Permit Issued to Moana Parking Management, LLC , for Parking Lot Operation Purposes, Diamond Head State Monument,  Kapahulu, Waikīkī, Honolulu, O‘ahu,  Tax Map Key: (1) 3-1-042:006 (por.)

   Cancellation of Revocable Permit to Moana Parking Management, LLC, for Parking Lot Operation Purposes, Nuʻuanu Pali State Wayside, Nuʻuanu, Honolulu, Oahu, TMK (1) 1-9-007 (por.)

   Cancellation of Revocable Permit to Moana Parking Management, LLC, for Parking Lot Operation Purposes, ʻAkaka Falls State Park, Kahua, South Hilo, Tax Map Key: (3) 2-8-011:018 (por.)

   Issuance of Revocable Permit Issued to Pro Park, Inc., for Parking Lot Operation Purposes, Diamond Head State Monument,  Kapahulu, Waikīkī, Honolulu, O‘ahu,  Tax Map Key: (1) 3-1-042:006 (por.)

   Issuance of Revocable Permit to Diamond Parking Services, LLC, for Parking Lot Operation Purposes, Nuʻuanu Pali State Wayside, Nuʻuanu, Honolulu, O‘ahu, Tax Map Key (1) 1-9-007 (por.)

   Issuance of Revocable Permit to Diamond Parking Services, LLC, for Parking Lot Operation Purposes, ʻAkaka Falls State Park, Kahua, South Hilo, Tax Map Key: (3) 2-8-011:018 (por.).

 

 

J.   BOATING

1. Request Approval to Adopt Amendments to Hawaiʻi Administrative Rules (HAR), Title 13, Section 256-73.13, Ahu O Laka (Kaneohe Sandbar), Removing the Sunset Date for the Rule and Making the Safety Zone Around Ahu O Laka, Established by HAR § 13-256-73.13, Permanent. HAR § 13-256-73.13 Prohibits Possession, Use or Consumption of Alcohol; Disorderly Behavior; and Prohibits a Person Under the Influence of Alcohol, Narcotics or Drugs From Remaining in or Entering the Safety Zone.

   The rules can be reviewed online at:  https://dlnr.hawaii.gov/dobor/draft-rules/ or can be reviewed in person at any small boat harbor from 8:00 am to 3:30 pm, Monday through Friday, except Holidays.  Location and contact information for DOBOR offices is available online at: https://dlnr.hawaii.gov/dobor/contact/

2. Issuance of Revocable Permit to Honolulu Transpac, Ltd. for Support Areas and Mooring Sites for the 2015 California to Hawaiʻi Yacht Race Finishing at the Ala Wai Small Boat Harbor, Tax Map Key (1) 2-3-037:012 (por).
3. Request to Amend the Commencement Date on the Right of Entry Permit to Waikīkī Beach Activities, Ltd. for Future Zip Line Operations from April 1, 2015 To July 1, 2015.
4. Cancellation of Boating Revocable Permit No. BM-14071, dated July 1, 2014 Between the State of Hawaiʻi, Lessor, and Fusion Food Truck LLC, Lessee; Lanai City, Hawaiʻi. Tax Map Key (2) 4-9-017 (por).

 

 

M. OTHERS

1.  Consent to Assignment of State Lease No. DOT-A-91-0021, Pacific Aviation Services, Inc. to ALPS Aircraft Leasing, LLC, Honolulu International Airport, Tax Map Key:  (1) 1-1-72:51.
2. Consent to Sublease of State Lease No. DOT-A-91-0021, Pacific Aviation Services, Inc. to Genesis Helicopters, LLC, Honolulu International Airport, Tax Map Key: (1) 1-1-72:51.
3. Issuance of a Revocable Permit for Aircraft Parking, Brian J. Isaacson, Kalaeloa Airport, Island of Oʻahu, State of Hawaiʻi, Tax Map Key: (1) 9-1-13: Portion of 32.
4. Issuance of a Revocable Permit for a Kiosk Space, Lanai Resorts, LLC, Lanai Airport, Tax Map Key: (2) 4-9-02:Portion of 55.
5. Issuance of a Revocable Permit for a Ticket Counter and Baggage Make-up Spaces, Schuman Aviation Company, Ltd., Kapalua Airport, Tax Map Key: (2) 4-3-01:Portion of 73.
6. Issuance of a Heliport Lease, Helicopter Consultants of Maui, LLC, Līhuʻe Airport, Tax Map Key: (4) 3-5-01:Portion of 08.
7. Issuance of a Revocable Permit for A Ticket Counter and Office Space, American Airlines, Inc., Kona International Airport at Keāhole, Tax Map Key: (3) 7-3-43:Portion of 40.
8. Issuance of a Revocable Permit for Parking, Vehicle Parking Stalls, Federal Express Corporation, Kona International Airport at Keāhole, Tax Map Key: (3) 7-3-43:Portion of 40.

 

 

 

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

ALL MATERIALS LISTED ON THIS AGENDA ARE AVAILABLE FOR REVIEW IN THE DLNR CHAIRPERSON’S OFFICE OR ON THE DEPARTMENT WEBSITE THE WEEK OF THE MEETING AT: https://dlnr.hawaii.gov/meetings/

INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS (i.e. large print materials, sign language interpreters) AT THE BLNR MEETING, ARE ASKED TO CONTACT THE CHAIRPERSON’S OFFICE AT (808) 587-0400 AT LEAST THREE DAYS IN ADVANCE OF THE MEETING.