Department of Land and Natural Resources

Land Board Submittals – 04/09/21

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

DATE: FRIDAY, April 9, 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:
https://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:
https://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.

A. MINUTES

1. Approval of the February 26, 2021 Land Board Meeting Minutes.

2. Approval of the March 12, 2021 Land Board Meeting Minutes.

C. DIVISION OF FORESTRY AND WILDLIFE

1. Request for Interest for Federal grant with the U.S. Fish and Wildlife Service, Wildlife and Sport Fish Restoration Program and the National Wildlife Refuge System, Division of Habitat and Resource Conservation through the Coastal Wetlands Planning, Protection, and Restoration Act National Coastal Wetland Conservation grant program and authorize the Chairperson to execute a contract with successful providers.

D. LAND DIVISION

1. Issuance of Right-of-Entry Permit to Kapalua Resort Association to Remove a Rock Seawall and Concrete Steps, Honolua, Lahaina, Maui, Tax Map Key: (2) 4- 2-004: Seaward of 025 and 059.

2. Issuance of Right-of-Entry Permit to Department of Transportation, Highways Division for Modification of Existing Driveways from Kalanianaole Highway Purposes on Lands Encumbered by Governor’s Executive Order No. 2794 and General Lease S-6056, Waimanalo, Koolaupoko, Oahu, Tax Map Key: (1) 4-1-009: Portions of 279, 280 and 282 [Testimony]

3. Approve the Repeal of Hawaii Administrative Rules (HAR) Section 13-1-18, Counsel for the Board in Contested Cases, upon Department’s Satisfaction of the Requirements of Subsection 91-3(g), Hawaii Revised Statutes, as amended (HRS).

HAR Chapter 13-1, which includes Section 13-1-18 that is the subject of the request to repeal, can be reviewed online at: https://dlnr.hawaii.gov/occl/files/2013/08/Ch-13-1.pdf.

F. DIVISION OF AQUATIC RESOURCES

1. Request Approval to Add Funding and Extend Through September 30, 2022 an Existing Federally Funded Project Agreement between the Department of Land and Natural Resources (DLNR) and the Research Corporation of the University of Hawaii (RCUH) for the Division of Aquatic Resources (DAR) Research Project Entitled “Investigation of Estuarine Habitats.”

2. Request Approval to Add Funding and Extend Through September 30, 2022 an Existing Federally Funded Project Agreement between the Department of Land and Natural Resources (DLNR) and the Research Corporation of the University of Hawaii (RCUH) for the Division of Aquatic Resources (DAR) Research Project Entitled “Statewide Marine Resources Assessment

3. Request Approval to Add Funding and Extend Through September 30, 2022 an Existing Federally-Funded Project Agreement between the Department of Land and Natural Resources (DLNR) and the Research Corporation of the University of Hawaii (RCUH) for the Division of Aquatic Resources (DAR) Research Project Entitled “Hawaii Marine Recreational Fishing Survey.”

4. Request for Authorization and Approval to Issue a Papahānaumokuākea Marine National Monument Native Hawaiian Practices Permit to Mr. Nainoa Thompson, Polynesian Voyaging Society, for Access to State Waters to Conduct Sails for Navigators Using Non-Instrumental Navigation Activities

I. STATE OF HAWAII HISTORIC PRESERVATION

1. Issuance of an archaeological activities permit for calendar year 2021 to ARCHAEOLOGICALSERVICES HAWAII, LLC . [Testimony] [Late Testimony]

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.

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Adoption of the Division of Boating and Ocean Recreation Sublease Rent Participation Policy. [Testimony]

L. ENGINEERING

1. Dam Safety Enforcement Action on Keaiwa Reservoir (HA-0049) for Failure to Comply with Notice of Deficiency, February 18, 2020 Dam Owner: Edmund C. Olson Trust No. II (Edmund C. Olson, Trustee) Location: Middle & Lower Moaula Camp, Pahala, Hawaii County Tax Map Key: (3) 9-6-007:001, (3) 9-6-007:002.

2. Dam Safety Enforcement Action on Ukumehame Reservoirs (MA-0140) for Failure to Comply with Notice of Deficiency, February 18, 2020 Dam Owner: West Maui Investors, LLC (Faraz Daneshgar) Location: Waikapu, Maui County Tax Map Key: (2) 4-8-002:066, (2) 4-8-002:015, (2) 4-8-002:017, (2) 4-8 002:027, (2) 4-8-002:064, (2) 4-8-002:118.

3. Dam Safety Enforcement Action on Wahiawa Dam (OA-0017) for Failure to Comply with Notice of Deficiency, Issued February 18, 2020 Dam Owners: Dole Food Company Hawaii Mr. Daniel X. Nellis, General Manager Sustainable Hawaii, Inc. Mr. Howard Green, Manager Location: Wahiawa, Hawaii Tax Map Key: 7-1-012:014, 7-3-007:001, 7-3-013:003, 7-3-012:002. [Testimony]

M. OTHERS

1. Issuance of a Revocable Permit for Aircraft Parking, David Blancett-Maddock, Ellison Onizuka Kona International Airport, Tax Max Key: (3) 7-3-43: Portion of 003.

2. Issuance of a Revocable Permit for Aircraft Parking, Michael J. Lauro, Ellison Onizuka Kona International Airport, Tax Max Key: (3) 7-3-43: Portion of 003.

3. Issuance of a Revocable Permit for Ramp Space for Equipment Storage, Trans Executive Airlines of Hawaii, Inc., Ellison Onizuka Kona International Airport, Tax Max Key: (3) 7-3-43: Portion of 03.

4. Issuance of a Month-To-Month Revocable Permit to Marine Spill Response Corporation, for Storage of their Vessel and Emergency Oil Spill Response Equipment, situated at Kaumalapau Harbor, Lanai, Tax Map Key: (2) 4-9-002: Portion of 001

5. Request for Acquisition of Lands to the Department of Transportation, Highways Division, for Highway Purposes, Relating to Mamalahoa Highway, Federal Aid Project No. ER-15(22), Emergency Earthquake Rockfall Repairs, Various Locations, Unit 4, at Kaupulehu, North Kona, Island of Hawaii, State of Hawaii, Tax Map Key Nos. (3) 7-2-002: Portion of 011 and (3) 7-2-002: Portion of 001.