Land Board Submittals – 02/26/21

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

                                    DATE:            FRIDAY, February 26, 2021

                                    TIME:              9:00 A.M.

                                    LOCATION:   Online via ZOOM, Livestream via YouTube 

 

Meeting materials are available for public review in advance of the meeting at: 
http://www.dlnr.hawaii.gov/meetings

Considering the evolving COVID-19 situation, protecting the health and welfare of the community is of utmost concern. As such, the meeting will be held remotely, with board members, staff and applicants participating via online meeting venue.

The meeting will be livestreamed at: 
http://youtube.com/c/boardoflandandnaturalresourcesdlnr 

TESTIMONY:

Interested persons can submit written testimony in advance of each meeting that will be distributed to Board Members prior to the meeting. Written testimony must be submitted no later than 24 hours prior to the meeting to ensure time for Board Members to review it. Late written testimony will be retained as part of the record, but we cannot assure Board Members will receive it with sufficient time for review prior to decision-making. Submit written testimony to [email protected].

To provide live oral/video testimony during the online meeting, email your request to [email protected] at least 24 hours in advance, with your name, phone number, email address, computer identification name (check your device settings), and the agenda item on which you would like to testify. Once your request has been received, you will receive an email with the Zoom link via which to testify. You will need a computer with internet access, video camera and microphone to participate. If you require access by phone only, please indicate that in your email request. Testimony will be limited to a maximum of three (3) minutes per person per agenda 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. 

Individuals requiring special assistance or auxiliary aids or services (i.e., sign language interpreter), please contact staff at least 72 hours prior to the meeting at 808.587.0404 so that arrangements can be made.

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 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.

 

C. DIVISION OF FORESTRY AND WILDLIFE  

1.  Request for Approval of amendments to the Incidental Take License and Habitat Conservation Plan to increase take allowance for Hawaiian Hoary Bat and add Hawaiian Petrel for the Kawailoa Wind Energy Project, Applicant Kawailoa Wind, LLC, in the Waialua District, Island of O‘ahu, Hawai‘i, Tax Map Keys: (1) 6-1-006:001, (1) 6-1-007:001, (1) 6-2-011:001. [Testimony]  
 
2.  Request to designate the following Nā ala Hele trails as Commercial Trails: 

  1. ʻŌhai Loop Trail, Maui Island, Wailuku District, Tax Map Key: (2) 3-1-003-006; 
  2. Plum Trail, Maui Island, Makawao District, Tax Map Keys: (2) 2-2-007-001 & (2) 2-   007-003; 
  3. Waiakoa Loop Trail Maui Island, Makawao District, Tax Map Keys: (2) 2-2-007-001 & (2) 2-2-007-002;
  4. Puʻu Waʻawaʻa Cone Trail, Hawai`i Island N. Kona (Pu‘uwa‘awa‘a Forest Reserve) Tax Map Key: (3) 7-1-001:004;
  5. ʻŌhiʻa Trail, Hawaiʻi Island   (Pu‘uwa‘awa‘a Forest Reserve), Tax Map Key: (3) 7-1- 001:006;
  6. Palila Forest Discovery Trail,  Hawaiʻi Island (Ka‘ohe Game Management Area) Tax Map Key: (3) 4-4-015:004. 
    [Testimony
     

D. LAND DIVISION 
 
1.  Amend Prior Board Action of October 23, 2020, Item D-2, Amend Prior Board Action of August 23, 2020, Item D-2, Authorization of Sale of Lease at Public Auction for Business and/or Commercial Purposes, Hanapēpē Town Lots, Waimea, Kauaʿi, Tax Map Key: (4) 1-9-005:007.  
 
The purpose of the prior amendment was to clarify that the minimum upset annual rent for the lease should be based on land and improvements.  
 
The purpose of the current amendment is to correct an error in the reference to the date of a prior Board action. The reference should have been August 23, 2019, Item D-2, instead of August 23, 2020, Item D-2.   
 
 
2.  Consent to Sublease of Term Non-Exclusive Easement No. S-5913, KW Kona Investors, LLC, Lessee, to Charter Boat Holdings, Inc., Sublessee, Kahuwai Bay, Kaʿūpūlehu, North Kona, Hawaii, Seaward of Tax Map Key: (3) 7-2-010:010. 
 
 
3.  Rescind Prior Board Action of August 26, 2011, Item D-8, as amended by Board Action of February 14, 2014, Item D-9, Regarding the Grant of Perpetual, Non-Exclusive Easement to Honolulu Seawater Air Conditioning, LLC for Seawater Air Conditioning Waterlines Purposes on State Submerged Lands off Kakaʿako, Honolulu, Oʿahu, Tax Map Key: (1) 2-1-060:Seaward of 008; and  
 
Rescind Prior Board Action of December 9, 2011, Item D-16, Issuance of Revocable Permit to Honolulu Seawater Air Conditioning, LLC, Sand Island, Honolulu, Oʿahu, Tax Map Key: (1) 1-5-041: Seaward of 006.   
 

 
E. STATE PARKS DIVISION 
 
1.  INTENTIONALLY LEFT BLANK 
 
2.  Request for Issuance of a Revocable Permit to Hanalike Ohana, LLC dba Moana Ocean Adventures to Moor a Double Hulled canoe and use Napoʽopoʽo Landing for Embarking and Disembarking of Patrons for Commercial Tours at Kealakekua Bay State Historical Park (KBSHP), South Kona, Hawaiʿi Island, Tax Map Keys: (3) 8-2-004:015, Seaward of 8-1-010 and 011; 8-2-002, 004, 005, and 006; and 
 
Declare the Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules.    [Testimony]  
 
F. DIVISION OF AQUATIC RESOURCES  
  
1.  Enforcement Action against Stephen Howard and Yukako Toriyama for Unlawful Collection of Aquatic Life for Aquarium Purposes within the West Hawaiʽi Regional Fishery Management Area, Island of Hawaiʽi. [Testimony]  
2.  Enforcement Action against Jason Beevers for Unlawful Collection of Aquatic Life for Aquarium Purposes within the West Hawaii Regional Fishery Management Area, Island of Hawaiʽi. [Testimony]  
 
J. DIVISION OF BOATING AND OCEAN RECREATION 
 
1.  Board Briefing on Pohoiki Boat Ramp Puna District, Island of Hawaii, Hawaii. 
This is a Non-Decision-Making Item [Testimony]  
2.  Sale of Lease at Public Auction for Commercial Marine Storage and Light Industrial Purposes, Kalihi-Kai, Honolulu, Oʿahu, Hawaiʿi Tax Map Keys: (1) 1-2-023:053, :057, :054, :037 & :059; and 
Declare that after considering the potential effects of the Proposed Project as provided by Chapter 343, HRS, and Chapter 11-200.1, HAR, this project will probably have Minimal or no Significant effect on the Environment and is therefore Exempt from the preparation of an Environmental Assessment. 
 
 
M. OTHERS

 
1.  Issuance of a Revocable Permit for Aircraft Parking, Kupau Inc. dba Kupau Tours Inc., Ellison Onizuka Kona International Airport, Tax Max Key: (3) 7-3-43:003 (Portion). 
  
2.  Issuance of a Revocable Permit for a T-Hangar for storage and maintenance of Aircraft, Wailea Aircraft, L.L.C., Ellison Onizuka Kona International Airport, Tax Max Key: (3) 7-3-43: Portion of 03. 
 
3.  Issuance of a Revocable Permit for a T-Hangar for storage and maintenance of Aircraft, Jim Barrett Photography, Inc., Kalaeloa Airport, Tax Max Key: (1) 9-1-13: Portion of 32.