Department of Land and Natural Resources

Land Board Submittals – 08/13/21

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

DATE: FRIDAY, August 13, 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 May 28, 2021, Meeting Minutes.
2.   Approval of the June 10, 2021, Meeting Minutes.
3.   Approval of June 25, 2021, Meeting Minutes.

C. DIVISION OF FORESTRY AND WILDLIFE

1. Request for Approval of Settlement between Department of Land and Natural Resources and Kona Hills LLC., regarding Trespass of Conservation Easement on the Kealakekua Mountain Reserve Property, Tax Map Key: (3) 8-2-012:001, Kealakekua, South Kona, Hawaii and;

Delegation of Authority to the Chairperson to Negotiate and Sign a Memorandum of Agreement between the State of Hawaii Department of Land and Natural Resources and the Kealakekua Mountain Reserve. [Testimony]

2. Authorize to Execute Agreements for the Realignment of Easement and Acceptance of Perpetual Non-Exclusive Gratis Public Trail Easements to Improve Access to the Ka’iwa Ridge Trail, Kailua, Koolaupoko, Oahu, Tax Map Key: (1) 4-2-002: portions of 016, (1) 4-3-007: Portions of 018 and 077.

3. Request to Approve location of the Historic Trail noted as the “Bridle Path” on Registered Map 603, where it crosses through lands identified as Tax Map Keys (2) 2-4-012: 040-045, Makawao District, Maui.

D. LAND DIVISION

1. Consent to Mortgage of Sublease K-36 with Estoppel Certificate of General Lease No. S-5619, Natural Energy Laboratory of Hawaii Authority (NELHA), Lessee, MATS4 LLC (MATS4), Sublessee/Mortgagor, First Hawaiian Bank, Mortgagee, Ooma 1st, North Kona, Hawaii, Tax Map Key: (3) 7-3-043:113.

2. Issuance of Right-of-Entry Permit to Department of Health, Clean Water Branch for the Water Quality Monitoring Project in Keehi Lagoon; Moanalua, Honolulu, Oahu; Tax Map Key: (1) 1-1-070: seaward and vicinity.

3. Rescind Prior Board Action of April 25, 1997, Item D-5, as Amended, Request Board Approval, Extension of Time, Completion, Tenant Improvements, General Lease No. 5-5261, Sand Island Business Association, Sand Island Industrial Park, Honolulu, Oahu, Tax Map Key: 1-5-41.

Issuance of Interim Revocable Permit to Sand Island Business Association (SIBA) for Office Trailer and Parking Purposes, Sand Island Industrial Park, Honolulu, Oahu, Tax Map Key: (1) 1-5-041:077 or portion.

Amendment of General Lease No. S-5261, SIBA, Lessee, Sand Island, Honolulu, Oahu. See Exhibit 1 for list of Tax Map Key parcel numbers.

The purpose of the amendment is to change SIBA’s obligations with respect to the dedication of infrastructure improvements under the lease so that SIBA may retain control over such infrastructure until five years prior to lease termination on the condition that SIBA provide sufficient bonding to guarantee the dedication of the improvements to the City and County of Honolulu at lease expiration or earlier termination.