Department of Land and Natural Resources

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

 

DATE: FRIDAY, APRIL 12, 2019

TIME: 9:15 A.M.

PLACE: KALANIMOKU BUILDING

LAND BOARD CONFERENCE ROOM 132

1151 PUNCHBOWL STREET

HONOLULU, HAWAII 96813

 

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 orally by the end of the meeting and followed up 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:

1. J-2 Withdrawn  (4/9/19)

 

A. MINUTES

1. Approval of Meeting Minutes for December 7, 2018.
2. Approval of Meeting Minutes for January 11, 2019.

 

C. DIVISION OF FORESTRY AND WILDLIFE

1. Amend Prior Board Action of December 14, 2018, Agenda Item C-6, which Authorizes the Chairperson to Enter into a Contract with Trailhead Labs, Inc. for five years, for the creation, deployment and maintenance of two mobile applications for the State of Hawaii hunting program and for the trails and access program in the amount of $144,000.

   The purpose of the amendment is to reflect the correct Contract amount of $144,999.00.

 

D. LAND DIVISION

1. Amend Prior Board Action of January 11, 2019, Agenda Item D-9, Consent to Assign General Lease No. S-5373, Estate of Harold Frederick Rice, Jr., also known as Harold F. Rice, Jr., also known as Freddy Rice Deceased, Assignor, to Gregory J. K. Garcia, Sr., Assignee, Lālāmilo, South Kohala, Hawai‘i, Tax Map Key: (3) 6-9-001:002.

   The purpose of the amendment is to change the assignee from Gregory J.K. Garcia, Sr., married, as tenant in severalty, to Gregory Jay Kaleolani Garcia and Kristen Louise Kuykendall Garcia, husband and wife, as tenants by the entirety, as specified in the executed assignment of lease document. 

 

2. Amend Prior Board Action of February 23, 2018 Item D-7, Set Aside to County of Maui for Public Park Purposes, Waiohuli – Kēōkea Beach Homesteads, Maui, Tax Map Keys: (2) 3-9-007:004 & Portion of 005; and

   Amend Prior Board Action of November 22, 2010, Item D-7, Authorize the Chairperson of the Department of Land and Natural Resources to Negotiate the Terms and Conditions, and Sign a Memorandum of Agreement between the Department, Tri-Isle Resource Conservation & Development Council, Inc., and Uluniu Beach Reserve Association regarding Maintenance of the Uluniu Kihei Beach Reserve; Grant of Term, Non-Exclusive Easement to Tri-Isle Resource Conservation & Development Council, Inc. for Land Management Purposes; Cancellation of Revocable Permit S-6710 to Myron Higashi and Revocable Permit S-5377 to Douglas M. Sherman; and Issuance of Management Right-of-Entry, Waiohuli-Kēōkea Beach Homesteads, Kīhei, Maui, Tax Map Key Numbers: (2)3-9-007: portion of 005, (2)3-9-007:065, (2)3-9-008:001, (2)3-9-009:011, (2)3-9-009:031, (2)3-9-009:032, (2)3-9-009:033, (2)3-9-009:034 and (2)3-9-010:777.

   The purpose of amending the Board’s February 23, 2018 action is to: (A) increase the area of the set-aside from 2.788 acres, more or less, to 24.917 acres, more or less; and (B) specify that the seaward boundary of parcels (2) 3-9-008:777, 3-9-009:777, and 3-9-010:777 included in the set-aside shall be the mean lower low water line. The purpose of amending the Board’s action of November 22, 2010 is to delete portions of the approved action relating to the: (1) negotiation and execution of a Memorandum of Agreement between the Department, Tri-Isle Resource Conservation & Development Council, Inc., and Uluniu Beach Reserve Association regarding Maintenance of the Uluniu Kihei Beach Reserve; (2) grant of term, non-exclusive easement to Tri-Isle Resource Conservation & Development Council, Inc. for land management purposes; and (3) issuance of management right-of-entry permit to Tri-Isle Resource Conservation & Development Council, Inc. for land management purposes. 

 

3. Amend Prior Board Action of September 25, 2015, Item D-12, Authorize the Issuance of a Direct Lease to University of Hawaii for Educational Purposes; Set Aside to the Department of Land and Natural Resources, Division of Boating and Ocean Recreation for Boat Launching Facility Purposes; Sand Island, Honolulu, O‘ahu, Tax Map Key: (1) 1-5-041: portions of 006, 130 and 334.
    
     
   The amendment is to recommend the Board (a) grant two (2) non-exclusive, term easements for boat dock and access purposes to the University of Hawaii in conjunction with the requested lease; (b) approve the form of the lease and easements; and (c) add “seaward of 006” to the list of tax map keys. 
    
     
4. Issuance of Right-of-Entry Permit to Hawaii Explosives & Pyrotechnics, Inc. for Special Event Aerial Fireworks Display at Duke Kahanamoku Lagoon on June 1 and 5, 2019, Waikīikī, Honolulu, O‘ahu, Tax Map Key: (1) 2-3-037:021 (Portion).

 

5. Intentionally Left Blank

 

6. Issuance of Right-of-Entry Permit to Hawaii Explosives and Pyrotechnics, Inc. for Aerial Fireworks Display on April 26, 2019 at the grass area fronting Kahala Hotel, Wai‘alae, Honolulu, O‘ahu, Tax Map Key: (1) 3-5-023:041

 

7. Issuance of Right-of-Entry Permit to Hawaii Ag & Culinary Alliance, dba Hawaii Food & Wine Festival, for Food and Beverage Event on April 26, 2019 at the grass area fronting Kahala Hotel, Wai‘alae, Honolulu, O‘ahu, Tax Map Key: (1) 3-5-023:041

 

8. Amend Prior Board Action of January 13, 2017, Item D-14, Grant of Term, Non-Exclusive Easement to C. Michael Muller, Trustee of the C. Michael Muller Trust dated November 21, 1989 for Pier Purposes; Termination of Revocable Permit No. S-5408; Waimānalo, Ko‘olaupoko, O‘ahu, Tax Map Key: (1) 4-1-001:seaward of 011
    
    
   The amendment is to change the easement area from 716 square feet to 2,818 square feet, add adjacent property Tax Map Key: (1) 4-1-001: seaward of 013, and adding seawall and steps into the character of use of the requested easement. 

 

9. Issuance of Right-of-Entry Permit to Hawaii Marine Mammal Alliance Inc., dba Hawaii Marine Animal Response, for Activities Relating to the Preservation and Recovery of Hawaii’s Endangered and Threatened Marine Animal Species on Unencumbered State-Owned Lands located seaward of the shorelines of the Islands of O‘ahu and Moloka‘i, including their Unencumbered Offshore Islets.

 

E. DIVISION OF STATE PARKS

1. Request for a Right of Entry for the Construction of a World War II Dedication Memorial Plaque on Piopio Street in Hilo, Hawaii, near the Vietnam Memorial which, currently exists within the Wailoa River State Recreation Area in Hilo, Hawai‘i, Tax Map Key: (3) 2-2-013: portion of 003.

 

2. Requesting approval for the Department of Land and Natural Resources (DLNR) to rename the Mauna Kea Recreation Area (aka Mauna Kea State Recreation Area) to the Gilbert Kahele Recreation Area, Mauna Kea Recreation Area, Mauna Kea Forest Reserve, Kahoe, IV, Hāmākua, Island and State of Hawai‘i, Tax Map Key: (3) 4-4-016: 003 (portion). [Testimony]   
    
   Requesting approval to Authorize the Chairperson of the Board of Land and Natural Resources (“BLNR” or “Board”) to negotiate, approve and execute any agreements as necessary with the County of Hawaii, for the name change. 

 

3. Continuance of Revocable Permit No. SP0550 to Go Holoholo, Inc., a Hawai’i Corporation for the use of the Nutridge House and grounds on State Parks land at Pu’u ‘ualaka’a State Wayside, Opu, Makiki on the Island of O’ahu. Tax Map Key: (1) 2-5-019:004 (portion).

 

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Authorize the deregistration of Manele Small Boat Harbor, Certificate of Title No. 89708, Lot 745-B, Map 54, Land Court Application No. 862, from Land Court;
    
   and
    
   Amend prior Board action of November 8, 2013, agenda Item J-2, Authorize the Termination of General Lease No. B-00-1 and Easement to Lana‘i Company, Inc., Castle & Cooke Resorts, LLC; and the Issuance of New Lease and Easement by way of Direct Negotiation to Lana‘i Resorts, LLC, DBA Pulama Lana‘i, Manele Small Boat Harbor, Manele, County of Maui, Island of Lana‘i, Tax Map Key: (2) 4-9-17:06.

   The purposes of the amendment are to modify the terms of the easement granted to Lana‘i Resorts, LLC.

 

2. Authorize a Seven-Year Extension of Lease No. H-78-5 to La Mariana Sailing Club, Inc., Kalihi-Kai, Honolulu, O‘ahu, Tax Map: (1) 1-2-023:052;
    
   and
     
   Declare Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200, Hawaii Administrative Rules.

 

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Conservation District Use Application (CDUA) HA-3830 for a Single-Family Residence (SFR) & Related Improvements by Pedro P. Ramos Located at Pīhā, North Hilo, island of Hawai’i, Tax Map Key: (3) 3-2-004:038.

 

M. OTHERS

1. Issuance of a Revocable Permit for a Ticket Counter, Hawaiian Airlines, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 058 (Portion).

 

2. Issuance of a Revocable Permit for Storage of a Rubbish Dumpster and Recycling Bin for Airline Operations, Southwest Airlines Co., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 001 (Portion).

 

3. Issuance of a Revocable Permit for the Installation of Radio Telecommunications Equipment, State of Hawaii, Office of Enterprise Technology Services, Daniel K. Inouye International Airport , Tax Map Key: (1) 1-1-003: 55 (Portion).

 

4. Issuance of a Revocable Permit for Land and Hangar for Commercial Helicopter Operations, PHOGG LLC, Kahului Airport, Tax Map Key: (2) 3-8-01: Portion of 19.

 

5. Issuance of a Revocable Permit for Unpaved Ramp and Main Terminal Floor Space for Air Service Operations, Maui Skydiving LLC, Hāna Airport, Tax Map Key: (2) 1-3-003-022 (Portion).

 

6. Issuance of a Revocable Permit for Aircraft Parking, Colin Burkardt, Ellison Onizuka Kona International Airport at Keāhole, Tax Map Key: (3) 7-3-43: Portion of 40.

 

7. Issuance of a Revocable Permit for Commercial Business from a T-Hangar, K & S Helicopters, Inc. DBA Paradise Helicopters, Ellison Onizuka Kona International Airport at Keāhole, Tax Map Key: (3) 7-3-43: Portion of 40.

 

8. Issuance of a Revocable Permit for Office Space in the Old Koa Rental Car Building, SAS Services Group, Inc., Ellison Onizuka Kona International Airport at Keāhole, Tax Map Key: (3) 7-3-43: Portion of 40.

 

9. Issuance of a Revocable Permit for Aircraft Parking, AIRMD, LLC, Hilo International Airport, Tax Map Key: (3) 2-1-12: Portion of 90.

 

10. Amendment No. 1 to State Lease No. DOT-A-15-0019 for the Addition of Massage Chairs at Hilo International Airport, Kahului Airport and Līhu‘e Airport, Smarte Carte, Inc., Tax Map Key: (3) 2-1-12: Portion of 9, Hilo International, Tax Map Key: (2) 3-8-01: Portion of 19, Kahului Airport, Tax Map Key: (4) 3-5-01: Portion of 8, Līhu‘e Airport.

 

11. Amendment No. 1 to State Lease No. DOT-A-01-0004 to Encumber Additional Airport Land for its Air Cargo Facility Lease, United Parcel Service Co., Līhu‘e Airport, Tax Map Key: (4) 3-5-01: Portion of 8.

 

12. Issuance of a Revocable Permit for Storage Space, BKKM Enterprise Corp., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-03: 01 (Portion).

 

13. Issuance of a Revocable Permit for Aircraft Parking, Chaitan Ward and Richard Fant, Ellison Onizuka Kona International Airport at Keāhole, Tax Map Key: (3) 7-3-43: Portion of 40.

 

14. Issuance of an Industrial Land Lease by Notice of Public Auction (Space No. 008-119B), Kahului Airport, Tax Map Key: (2) 3-8-01: Portion of 19.

 

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.

 

TO BE PLACED ON THE MOVE UP AGENDA, PLEASE SIGN IN BY 9:00 A.M. THE DAY OF THE MEETING.

 

Public Testimony:                                                                              email: [email protected]

Q:  HOW DO I SUBMIT A TOPIC OR AGENDA ITEM TO THE BOARD OF LAND & NATURAL RESOURCES MEETING?

The Sunshine Law gives the public the opportunity to submit testimony but it is your responsibility to submit written testimony in a timely manner.  To give Board members sufficient time to consider written testimony, please submit the testimony no later than 24 hours prior to the Board Meeting.

Any late written testimony will be retained as a part of the record, but we cannot assure that Board members will receive it with sufficient time for review prior to decision-making.

Meeting materials are available for public review in advance of the meeting on our Website: https://www.dlnr.hawaii.gov/meetings

INDIVIDUALS REQUIRING SPECIAL ASSISTANCE OR AUXILIARY AIDS OR SERVICES (e.g., sign language interpreter, wheel chair accessibility, or parking designated for the disabled) AT THE BLNR MEETING, PLEASE CONTACT STAFF AT LEAST 72-HOURS PRIOR TO THE MEETING AT (808) 587-0400 SO THAT ARRANGEMENTS CAN BE MADE.