Land Board Submittals – 07/23/21

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

                                    DATE:            FRIDAY, July 23, 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.

 

A.       MINUTES

1.    Approval of the May 14, 2021, Meeting Minutes.

 

C.       DIVISION OF FORESTRY AND WILDLIFE

1.    Amend Prior Board Action of March 13, 2015, Item D- 9 Issuance of Direct Lease of Building Space to United States of America, Department of the Army for Nursery, Storage, and Staging Area Purposes, Kaena, Waialua, Oahu, Tax Map Key: (1) 6-8-001:Portion of 004.

The purpose of this amendment is to add to the description of the areas to be leased, and to expand the “character of use”   description.

 

D.       LAND DIVISION

1.    Approve an After-the-Fact Holdover of General Lease No. S-3935, Alan R. Nagakura and Lori E. Nagakura,Trustees under Irrevocable Trust of Roy S. Nagakura dated March 4,1996, Lessee, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-2-037:066;

Authorize the Chairperson to Approve and Execute a Development Agreement for a 39-Year Extension of Lease Term and to Execute Lease Extension Document for General Lease No. S-3935, Alan R. Nagakura and Lori E. Nagakura,Trustees under Irrevocable Trust of Roy S. Nagakura dated March 4,1996, Lessee, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-2-037:066; and

Consent to Mortgage, General Lease No. S-3935, Alan R. Nagakura and Lori E. Nagakura, Trustees under Irrevocable Trust of Roy S. Nagakura dated March 4, 1996, Lessee, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-2-037:066. 

2.    Issuance of Right-of-Entry-Permit to the Division of Forestry and Wildlife (DOFAW) on Unencumbered State Lands for Lowland Dry Forest Management Purposes; Authorize Memorandum of Understanding (MOU) between the University of Hawaii and DOFAW to Collaboratively Steward and Manage Lands; Request Delegation of Authority to the Chairperson to Negotiate, Finalize and Execute the MOU Subject to Approval as to Form by The Department of the Attorney General, at Palamanui, North Kona, Hawaii, Tax Map Key Numbers: (3)7-3-010:032, (3) 7-3-010: Portion of 046, and (3) 7-3-010: Portion of 062. [Testimony]

3.    Sale of Remnant State Land to Ho’ala Honua, LLC, Hauula, Koolaupoko, Oahu, Tax Map Key: (1) 5-4-005:012. 
 

4.  Informational Briefing Regarding Litigation in:

(1) Sierra Club v. Board of Land and Natural Resources, et al., Civil No. 20-0001541; and

(2) Sierra Club v. Board of Land and Natural Resources, et al., Civil No. 19-1-0019 (JPC)

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

Non-Action Item. 

 

F.       DIVISION OF AQUATIC RESOURCES

1.    Request for Authorization and Approval to Issue a Papahānaumokuākea Marine National Monument Native Hawaiian Practices Permit Amendment to Mr. Nainoa Thompson, Polynesian Voyaging Society, for Access to State Waters to Conduct Sails for Navigators Using Non-Instrumental Navigation Activities to clarify language in the existing permit. [Testimony]

 

L.       ENGINEERING

1.    Request Approval of Variance of Hawaii Administrative Rules Title 13, Subtitle 7, Chapter 190.1, Section 13-190.1-4 (3); Spillway constructed in natural ground, for Huinawai Reservoir (KA-0104), Kauai.  Dam Owners: McBryde Resources, Inc. Mr. Dan Sargent, Vice President/Manager P.O. Box 8 Eleele, HI 96705, Alexander and Baldwin, Inc., Mr. Jerrod Schreck, Senior Vice President Land Stewardship, 822 Bishop Street, Honolulu, HI 96813, Location: Lawai, Kauai, Tax Map Key: (4) 2-5-010:043

 

M.      OTHERS

1.    Issuance of a Revocable Permit for a Commercial T-Hangar for storage and maintenance of Aircraft, Flying Mermaid, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 021. [Testimony]

2.    Issuance of a Revocable Permit for the Installation of Twenty-Two (22) CCTV Cameras on the ground level, second level and roof level of the Inter-Island Mauka Terminal, Hawaiian Airlines, Inc., Daniel K. Inouye International Airport, Tax Map Key (1) 1-1-003: Portion of 001.

3.    Issuance of a Revocable Permit for Construction Staging Area for materials and to store a rubbish bin, Nan, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 001.

4.    Issuance of a Revocable Permit for Passenger Check-in Kiosks Diamond Head Extension Terminal, Southwest Airlines Co., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 042.

5.    Issuance of a Revocable Permit for an Office Space for Administration purposes at the Inter-Island Mauka Terminal, United States of America, Department of Homeland Security, Transportation Security Administration, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 001.

6.    Issuance of a Revocable Permit for Aircraft Parking, Pacific Electro-Mechanical, Inc., Kahului Airport, Tax Map Key: (2) 3-8-001: Portion of 019.

7.    Issuance of a Revocable Permit for Storage Space in the Commuter Terminal to perform Airline Carrier Operations, Southern Airways Express, LLC, Kahului Airport, Tax Map Key: (2) 3-8-001: Portion of 217.

8.    Issuance of a Revocable Permit for Ticket Counters in the Terminal for Airline Carrier Operations, Southern Airways Express, LLC, Kapalua Airport, Tax Map Key: (2) 4-3-001: Portion of 073.

9.    Issuance of a Revocable Permit for Ticket Counter Space in the Terminal for Airline Carrier Operations, Southern Express, LLC, Lanai Airport, Tax Map Key: (2) 4-9-002: Portion of 055.

10.  Issuance of a Direct Lease for Cargo Operations, United Parcel Service, Inc., Kahului Airport, Tax Map Key: (2) 3-8-079: Portion of 021, (2) 3-8-001: Portion of  019, and Portion of Former Haleakala Highway as shown on Tax Map, County of Maui, Zone 3, Section 8, Plat 79.

11.  Issuance of a Directly Negotiated Lease for a Hangar Facility, Windward Aviation, Inc., Kahului Airport, Tax Map Key: (2) 3-8-001: Portion of 019.

12.  Issuance of a Revocable Permit for Aircraft Parking, David A. Osterholt, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

13.  Issuance of a Revocable Permit for an Office Trailer, Ticket Counters, and Kiosk  Space for Airline Operations, Delta Air Lines, Inc., Ellison Onizuka Kona  International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

14.  Issuance of a Revocable Permit for T-Hangar for storage and maintenance of Aircraft, Timothy Gaffney, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

15.  Issuance of a Revocable Permit for Office Spaces in the Terminal to perform  security services operations, Universal Protection Services, LP dba Allied  Universal Security Services, Hilo International Airport, Tax Map Key: (3) 2-1-012: Portion of 009.

16. Approval of Request for Acceptance of Perpetual Non­ Exclusive Drainage Easement from Amazon.Com Services LLC, as Grantor, in Favor of State of Hawaii, as Grantee; Tax Map Key: (1)1-2-025:036; Honolulu, Island of Oahu, Hawaii.