Land Board Submittals – 09/27/19

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

                                    DATE:            FRIDAY, SEPTEMBER 27, 2019

                                    TIME:              9:15 A.M.

                                    PLACE:          KALANIMOKU BUILDING
                                                           LAND BOARD CONFERENCE ROOM 132
                                                           1151 PUNCHBOWL STREET
                                                           HONOLULU, HAWAIʻI 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:

– E-1: Withdrawn 9/26/19

 

A.  MINUTES

  1. Request Approval of the August 23, 2019 Meeting Minutes
  2. Request Approval of the September 13, 2019 Meeting Minutes.

 

C.  DIVISION OF FORESTRY AND WILDLIFE

  1. Request for Approval of the Supplemental Environmental Impact Statement for The Kawailoa Wind Energy Project, Applicant Kawailoa Wind, LLC, in the Waialua District, Island of O’ahu, Hawaii, Tax Map Keys: (1) 6-1-006:001, 6-1-007:001, 6-2-011:001. [Testimony]

 

  1. Request for Approval of Amendments to the Incidental Take License and Habitat Conservation Plan for the Kawailoa Wind Energy Project, Applicant Kawailoa Wind, LLC, in the Waialua District, Island of Oahu, Hawaii, Tax Map Keys: (1) 6-1-006:001, 6-1-007:001, 6-2-011:001. [Testimony]

 

 

D.  LAND DIVISION 

  1. Annual Renewal of Revocable Permits on the Island of Kauai. See Exhibit 2 for list of Revocable Permits. [Testimony] [Testimony-Late]

 

  1. Set Aside to the County of Kauai for Proposed Site for Community Gatherings, Base Yard Operations, Storage and Public Parking; Authorize the Chairperson to Negotiate and Approve a Memorandum of Understanding Between the County of Kauai and the Division of State Parks for Proposed Base Yard, Storage, and Public Parking for Shared Use of the Property and Future Facilities Purposes; Issuance of Immediate Construction and Management Right-of-Entry Permit to the County of Kauai, Wainiha, Hanalei, Kauai, Tax Map Key: (4) 5-8-012:009.

 

  1. Cancellation of Revocable Permit No. S-7662, Parker Ranch, Inc., Permittee; Request for Waiver of Requirement for Conducting Phase I Environmental Site Assessment upon Cancellation of Revocable Permit No. S-7662, Upper Paauhau, Hamakua, Hawaii, Tax Map Key: (3) 4-4­-014:004; and
     
     
    Authorize the Division of Forestry and Wildlife to Conduct a Public Hearing on the Island of Hawai‘i Regarding the Proposed Addition of Tax Map Key: (3) 4-4-014:004 comprising 101.4 acres more or less, to Mauna Kea Forest Reserve, Upper Paauhau, Hamakua, Hawaii. 

 

  1. One Year Holdover of Lease Term for General Lease No. S-3817, Maui Family Young Men’s Christian Association, Lessee, Keanae, Hana, Maui, Tax Map Key: (2) 1-1-002:009.

 

  1. Issuance of Right-of-Entry Permit to ASP North America LLC, dba World Surf League, for a Women’s Professional Surfing Competition at Lipoa Point, Honolua, Lahaina, Maui, Tax Map Key: (2) 4-1-001: Portion of 010.

 

  1. Grant of Perpetual, Non-Exclusive Easement for Waterline Purposes to the City and County of Honolulu, Board of Water Supply and Issuance of Construction Right-of-Entry; Kalawahine, Makiki, Honolulu, Oahu, Tax Map Key: (1) 2-4-032: portions of 001.

 

  1. Request for Mutual Termination of Grant of Non-Exclusive Easement No. S-5632, Walter Scott Carter and Leilani Garcia Farinas, Lessee; Kahaluu, Koolaupoko, Oahu, Tax Map Key: (1) 4-7-019: Seaward of 071.

 

  1. Intentionally Left Blank

 

  1. Intentionally Left Blank

 

  1. Cancellation of Governor’s Executive Order No. 1396 and Re-set Aside to City and County of Honolulu for Emergency Services Facility, Hauula, Koolauloa, Oahu, Tax Map Key: (1) 5-4-001:045.

 

 

E.  DIVISION OF STATE PARKS 

  1. Request the Board to Designate the Chairperson of the Board of Land and Natural Resources as the Authorized Representative for Purposes of the following Sections of Chapter 146 of Title 13 of the Hawaii Administrative Rules (HAR): 13-146-4, 13-146-9 to 13-146-14, 13-146-20, 13-146-28 to 13-146-33, 13-146-50 to 13-146-54, 13-146-65 to 13-146-68. [Withdrawn 9/26/19]

 

  1. Amend General Lease No. SP 0118, John Kocher and Crystal Kocher, Lot 7, Waimea (Kona), Kaua’i, Tax Map Key: (4) 1-4-003:005.
     
      
    The purpose of this Amendment is to correct the Termination Date to read December 31, 2028 and Amend the Re-opening date. John Kocher is Tenant in Severalty as the widower of Crystal Kocher.

 

 

J.  DIVISION OF BOATING AND OCEAN RECREATION

  1. Continuation of Revocable Permit No. 37 to Lāna‘i Resorts, LLC., DBA Pulama Lāna‘i, Manele Small Boat Harbor, Lāna‘i City, Island of Lāna‘i, Hawai’i, Tax Map Key (2) 4-9-017:006 (Por.);

     
    and
     
     
    Declare Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules.

 

  1. Request to Amend Prior Board Action of June 28, 2019, (Item J-2) for Issuance of 28 Revocable Permits (“RP”) on Islands of Oahu, Maui, Hawaii and Kauai; by Amending Annual Rent for Island Ice Company (Kahului Small Boat Harbor, (Island of Maui) from $274.47 to $3,293.64 Annual Rent; Na Kalai Wa‘a (South Kawaihae Small Boat Harbor, Island of Hawai‘i) from $40 to $480 Annual Rent; and Island of Hawaii Y.M.C.A. (South Kawaihae Small Boat Harbor, Island of Hawai‘i from $40 to $480 Annual Rent.

 

  1. Grant of up to 29-years, Non-Exclusive Easement to Trilogy Corporation for Access, Maintenance Purposes, Landscaping and Open Space for Public Use at Manele Small Boat Harbor, Island of Lanai, County of Maui, Tax Map Key: (2) 4-9-017:006 (Por.);
     
    and
     
     
    Declare Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules [Testimony]

 

  1. Mutual Cancellation of Revocable Permit No. 4 to Dolphin Excursions Hawaii, Inc. (DEHI) previously approved June 28, 2019 as Item J-2; and Issuance of a New Revocable Permit to DEHI, for Purposes of Trailer Boat Storage Yard, situated at Waianae Small Boat Harbor, Waianae, Island of Oahu, Hawaii, Identified by Tax Map Key: (1) 8-5-002:044 (Portion).
     
    and
     
    Declare Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules.

 

  1. Termination of Revocable Permit No. 20 to Maui Petroleum, Inc., for Dispensing/Delivery of Fuel via Tank Truck previously approved June 28, 2019 as Item J-2; and Issuance of a New Revocable Permit to Hawaii Petroleum, LLC., for Dispensing/Delivery of Fuel via Tank Truck; Maalaea Small Boat Harbor, Maalaea, Wailuku, Maui, Hawaii, Tax Map Key: (2) 3-6-001:002 (Por);
     
    and
     
    Declare Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules.

 

 

K.  OFFICE OF CONSERVATION AND COASTAL LANDS

  1. Request for a Second Time Extension for Conservation District Use Permit KA-3744 to complete a single-family residence by the Consultant Walton D.Y. Hong on behalf of the landowner Mark Maxson and Robert Shaw located in Haena, Hanalei, Kauai, Tax Map Key: (4) 5-9-002:067.

 

  1. Time Extension Request HA 20-05 for Conservation District Use Permit (CDUP) HA-3793 for a Single-Family Residence and Related Improvements by Mr. William Meurer at Opihikao, Island of Hawaii, Tax Map Key: (3) 1-3-004: 008. 

 

  1. Request for a Conservation District Use Application (CDUA) OA-3840 for the Mauna Lahilahi Beach Park, by the City and County of Honolulu, Department of Design and Construction, for a Rock Revetment Project, situated at Waianae, Oahu, Hawaii, Tax Map Key: (1) 8-5-017:005.

 

 

L.  ENGINEERING

  1. Appointment of Michael Manor to Serve as a Director of the Hamakua Soil and Water Conservation District.

 

 

M.  OTHERS

  1. Issuance of a Revocable Permit for Administrative Space, Airlines Committee of Hawaii, Inc., Inter-Island Terminal, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 073 (Portion).

 

  1. Issuance of a Revocable Permit for Office Space for Air Tour Operations, Hawaii Pacific Aviation, Inc. dba Mauna Loa Helicopters, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-72: 069 (Portion).

 

  1. Issuance of a Revocable Permit for Vehicle Parking, TM Designers, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 066 (Portion).

 

  1. Issuance of a Revocable Permit for an Aircraft Maintenance Shop, Trans Executive Airlines of Hawaii, Inc. dba Transair, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-072: 069 (Portion).

 

  1. Issuance of a Revocable Permit for Storage of Ground Service Equipment for Airline Operations, United Airlines, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 001 (Portion).

 

  1. Issuance of a Revocable Permit for Aircraft Parking, AOG Hawaii, LLC, Kahului Airport, Tax Map Key: (2) 3-8-01: 019 (Portion).

 

  1. Issuance of a Revocable Permit for a T-Hangar for Storage and Maintenance of Aircraft, Randall S. Cislo, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-43: 040 (Portion).

 

  1. Issuance of a Helicopter Facility Lease by Notice of Public Auction, General Aviation Subdivision Lots (Space Nos. 004-127 and 004-128), Lihue Airport, Tax Map Key: (4) 3-5-001: 008 (Portion).

 

  1. Issuance of four (4) Month-to-Month Permits to Alaska Marine Lines, Inc., Situated at Pier 29, Honolulu Harbor, Oahu, Tax Map Key: (1) 1-5-038:001 (Portion). Governor’s Executive Order No. 2903.

 

  1. Issuance of Month-to-Month Permit to Marine Spill Response Corporation, Situated at Port Allen Harbor, Kauai, Tax Map Key: (4) 2-1-003:006 (Portion). Governor’s Executive Order No. 1047.

 

  1. Issuance of Month-to-Month Permit to Marine Spill Response Corporation, Situated at Pier 2, Nawiliwili Harbor, Kauai, Tax Map Key: (4) 3-2-004-034 (Portion). Governor’s Executive Order No. 1332.

 

  1. Issuance of Month-to Month Permit to Blue Dolphin Charters, LTD., Situated in the Warehouse Shed at Port Allen Harbor, Kauai, Tax Map Key (4) 2-1-003:006 (Portion). Governor’s Executive Order No. 1047.

 

  1. Issuance of Month to-Month Permit to Holo Holo Charters, Inc., Situated in the Warehouse Shed at Port Allen Harbor, Kauai, Tax Map Key (4) 2-1-003:006 (Portion). Governor’s Executive Order No. 1047.

 

  1. Issuance of Month-to-Month Permit to Captain Andy’s Sailing, Inc., Situated in the Warehouse Shed at Port Allen Harbor, Kauai, Tax Map Key (4) 2-1-003:006 (Portion). Governor’s Executive Order No. 1047.

 

  1. Issuance of Month-to-Month Permit to Na Pali Sea Tours, Inc., Situated in the Warehouse Shed at Port Allen Harbor, Kauai, Tax Map Key (4) 2-1-003:006 (Portion). Governor’s Executive Order No. 1047.
      
      
  2. Issuance of Month-to-Month Permit to Catamaran Kahanu, Inc., situated in the former Fumigation Shed at Port Allen Harbor, Kauai, Tax Map Key (4) 2-1-003:006 (Portion). Governor’s Executive Order No. 1047.

 

  1. Issuance of Month-to-Month Permit to Captain Andy’s Sailing, Inc. (former Whale Watch Kauai Incorporated), Situated in the former Fumigation Shed at Port Allen Harbor, Kauai, Tax Map Key (4) 2-1-003:006 (Portion). Governor’s Executive Order No. 1047.

 

  1. Authorize the Department of Transportation, Highways Division, to acquire Parcels 102 and 103 from D.R. Horton-Schuler Homes, LLC to consolidate into Kuhio Highway, Kauai, Tax Map Key: (4) 3-7-003:033.

 

The purpose is required to process an Access and Use and Occupancy Agreement for a water line to DR Horton’s subdivision.

 

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:   e-mail: [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 or in person at 1151 Punchbowl Street, Rm 131, Honolulu, Hawaii 96813.

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) 587-0404 SO THAT ARRANGEMENTS CAN BE MADE.