Land Board Submittals – 07/26/19

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

 

DATE: FRIDAY, JULY  26, 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.

 

A. MINUTES

1. Approval of meeting minutes for June 14, 2019 for Approval.

 

C.        DIVISION OF FORESTRY AND WILDLIFE

1.  Request for Approval of a Memorandum of Agreement between the Hawaii Department of Land and Natural Resources/Division of Forestry and Wildlife, United States Fish and Wildlife Service, United States Coast Guard, Island Conservation, and the National Tropical Botanical Gardens, regarding the Lehua Island Ecosystem Restoration Project.

2.  Authorize the cancellation of Executive Order 3564,  delegate authority to the Chairperson to negotiate and finalize a re-set aside to the County of Kauai for housing and management of memorial and arboretum improvements purposes a re-set aside to the Division of Forestry and Wildlife for native plant nursery and base yard purposes, and authorize the transfer funds to the County of Kauai for memorial and arboretum improvements, Tax Map Key: (4) 3-8-005:002 Lihue, Kauai (known as the Pua Loke Nursery and Arboretum).

 

D.        LAND DIVISION

1.    Intentionally Left Blank 

2.    Issuance of Right-of-Entry Permit to Pohakukauea Kekaualua, on behalf of Kauai Bodyboarding Association at Shipwreck’s Beach (Keoniloa Beach) for a Bodyboarding Contest; Shipwreck’s Beach (Keoniloa Beach), Poipu, Koloa, Kauai, Tax Map Key: (4) 2-9-001: seaward of 001. 

3.    Approval of 15-Year Term Extension of General Lease No. S-4257, aFein Holdings, LLC, Lessee; Kapaa Town, Kauai, Tax Map Key: (4) 4-5-009:008.

Consent to Sublease under General Lease No. S-4257, aFein Holdings, LLC, Lessee, to (i) Dorland and Associates, Inc., CPAs, and (ii) Island Rental Cars, LLC, Sublessees; Kapaa Town, Kawaihau, Kauai, Tax Map Key: (4) 4-5-009: portions of 008.

After-the-fact Consent to Sublease under General Lease No. S-4257, aFein Holdings, LLC, Lessee, (iii) Julian M. Martinez dba Kukui Street Tattoo, (iv) Eat Chef George, LLC, (v) Hannah Finazzo-Krueger, LLC, (vi) Christopher Mario Ragsdale Jr, (vii) Adam Lang and (viii) Max Lemaire, Sublessees; Kapaa Town, Kawaihau, Kauai, Tax Map Key: (4) 4-5-009: portions of 008. 

4.    Approve Amendment to General Lease No. S-4588 as Resolution to Rental Reopening, InSite Towers Development, LLC; Kalawahine and Opu, Honolulu, Oahu, Hawaii; Tax Map Key: (1) 2-5-019: Portion of 013 

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

5. Cancellation of Governor’s Executive Order No. 3488 and Re-set Aside a Portion to Department of Public Safety for Correctional Institution and Related Purposes and a Portion to City and County of Honolulu for Reservoir Purposes; Grant of Perpetual, Non-Exclusive Easement to the City and County of Honolulu, Board of Water Supply for Access and Drainage Purposes; Issuance of Management Right-of-Entry; Kailua, Koolaupoko, Oahu, Tax Map Key: (1) 4-2-003:004, 024, 025, 026. 

6.  Set-Aside to Department of Land and Natural Resources, Division of Boating and Ocean Recreation (DOBOR) for Small Boat Harbor Purposes; Issuance of Management Right-of-Entry Permit; Transfer of Revocable Permit No. S-5407; Kaneohe, Koolaupoko, Oahu, Tax Map Key: (1) 4-4-022: seaward of 032 

7.   First Amendment for Lease of Federal Property No. N62478-12-RP-00014 for Mokapu Elementary School at Marine Corps Base Hawaii, Kaneohe, Koolaupoko, Oahu, Tax Map Key: (1) 4-4-009:007.

The amendment will add to the existing lease (a) Mokulele Elementary School, located at 250 Aupaka Street, Honolulu, TMK (1) 1-1-002: portions of 008; (b) Hickam Elementary School located at 825 Manzelman Circle, Honolulu, TMK (1) 9-9-001: portions of 003; and (c) Lehua Elementary School Parking Lot located near 791 Lehua Street, Pearl City, TMK (1) 9-7-016: portions of 001, together with other pertinent statutory updates.

8.   Issuance of Right-of-Entry Permit for Construction of Road “S” to D.R. Horton – Schuler Homes, LLC on Lands Encumbered by Memorandum of Agreement dated May 1, 2012 between the Department of Hawaiian Home Lands and Department of Land and Natural Resources, as amended on July 19, 2016 Regarding Construction of Roads in East Kapolei II, Kapolei, Ewa, Oahu, Tax Map Key: (1) 9-1-017: portions of 161. 

9.  Amend Prior Board Action of June 28, 2002, (Item D-10), Grant of Perpetual, Non-Exclusive Easement to Board of Water Supply for Waterline Purposes, Aiea, Ewa. Oahu, Tax Map Key: (1) 9-9-05:01.

An amendment is required to (1) Include Water Meter in the purposes of the easement and (2) Issue a Management Right-of-Entry to the City and County of Honolulu. 

 

I.          STATE HISTORICAL PRESERVATION DIVISION

1.  Settlement of Enforcement Action against the Edwin C. Olson Trust No. 2.  during the course of Land Altering Activities without a permit.  Amauulu Camp Cemetery, Puʻuʻ eo Ahupuaʻa, South Hilo, Island of Hawaiʻi, Tax Map Key: (3) 2-6-008:028.

 

J.        DIVISION OF BOATING AND OCEAN RECREATION

1.    Request for Approval of the Final Environmental Assessment for the Jupiter Research Foundation Marine Science Center;

and

Request for Authorization for The Board to Issue a Finding of No Significant Impact (FONSI); Located on the OEQC Web Site Labeled: 2019-03-23-Ha-Dea-Marine-Science-Center-At-Kawaihae-Harbor  http://oeqc2.doh.hawaii.gov/_layouts/15/start.aspx#/EA_EIS_Library/Forms/AllItems.aspx

and

Authorize Issuance of a Direct Lease with the Jupiter Research Foundation, for Purposes of a Marine Science Center, Situated at Kawaihae Small Boat Harbor South, Kawaihae, Island of Hawaii, Hawaii, Identified by Tax Map Key: (3) 6-1-003:026 (Portion).

 

M.        OTHERS 

1. Issuance of a Revocable Permit for Container Storage and Equipment        Staging Area, Nan, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003:001 (Portion).

2.  Issuance of a Revocable Permit for a Preferred Hold Room at Gate 7 of the Main Terminal, Alaska Airlines, Inc., Ellison Onizuka Kona International Airport at Keāhole, Tax Map Key: (3) 7-3-043:040 (Portion).

3. Issuance of a Revocable Permit for Ramp Space for Office Flex Units to Support Airline Operations, Delta Air Lines, Inc., Ellison Onizuka Kona International Airport at Keāhole, Tax Map Key: (3) 7-3-043: 040 (Portion).

4.  Issuance of a Revocable Permit for a Preferred Hold Room at Gate 3 in the Main Terminal, Hawaiian Airlines, Inc., Līhu‘e Airport, Tax Map Key: (4) 3-5-001:008 (Portion).

5.  Issuance of a Direct Land Lease to Replace Existing State Lease No. DOT-A-98-0019 for an Air Traffic Control Tower and Storage/Receiver Facility Site, U.S. Federal Aviation Administration, Līhu‘e Airport, Tax Map Key: (4) 3-5-001: 008 (Portion).

6.   Issuance of Two (2) Revocable Permits to Hawaii Stevedores, Inc., situated at Pier 51, Honolulu Harbor, Oahu, Tax Map Key: (1) 1-5-041:111 (Portion), Governor’s Executive Order Nos. 2462 and 2844.

7.  Request Authorization to the Department of Transportation (DOT) to dispose of Vineyard Thoroughfare, Federal Aid Project No. F-098 (2), Nuuanu Avenue to Lusitania Street Section, Tax Map Key: (1) 2-1-018:040.

The request is by the abutting Land Owner, Tax Map Key: (1) 2-1-018-049.  The land is surplus to DOT’s needs and DOT has no objection to the sale.

The Board may go into executive session closed to the public pursuant to Section 92-4 and 92-5(a)(4), Hawaii Revised Statutes, to consult with the Board’s attorneys on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.

NON-ACTION ITEM

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: http://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.