Land Board Submittals – 10/08/21
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES
DATE: FRIDAY, October 8, 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:
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:
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.
1. Request Approval of the August 13, 2021, BLNR Meeting Minutes.
D. LAND DIVISION
1. Resubmittal: Annual Renewal of Revocable Permits on the Island of Kauai for 2022. See Exhibit 2 (Kauai) for list of Revocable Permits. [Testimony]
2. After-the-Fact Consent to Sublease under General Lease No. S-4023, T&Y, LLC, Lessee and Sublessor, to (i) The Kauai Food Bank, Inc., (ii) Sutada Thongkul dba Hesse Flooring and (iii) Eyes Wide Open Productions LLC, Sublessees, Nawiliwili, Lihue, Kauai, Tax Map Key: (4) 3-2-004: Portions of 011.
Consent to Assignment of Sublessor’s Interest in Subleases from T & Y, LLC, Assignor, to The Kauai Food Bank, Inc., Assignee, Covering the Subleases to (i) Sutada Thongkul dba Hesse Flooring and (ii) Eyes Wide Open Productions LLC, Sublessees, Nawiliwili, Lihue, Kauai, Tax Map Key: (4) 3-2-004: Portions of 011.
3. Intentionally Left Blank.
4. Annual Renewal of Revocable Permits on the Island of Hawaii. See Exhibit 2 (Hawaii) for list of Revocable Permits. [Testimony]
7. Grant of Term, Non-Exclusive Quitclaim Easement to Lenore Lincoln, LLC, Elizabeth L. Reis as Trustee for the Lei Clotilda Mathews Living Trust dated October 23, 2008, Frances J. Segundo as Trustee for The Francis and Frances Segundo Trust dated November 1, 2017, Patricia L. Rickard and Jon K. Lincoln, for Access and Utility Purposes, Lanihau 2nd, North Kona, Hawaii, Tax Map Key: (3) 7-5-006:034 (por.).
8. Approve Evaluation Committee’s Recommendation for Selection of Proposal Submitted by Ruby & Sons Hospitality, LLC in Response to Request for Qualifications / Request for Proposals for Lease of Public Lands; Kamaole, Wailuku, Maui, Tax Map Keys: (2) 3-9-004: 149. [Testimony] [Testimony Late]
9. Issuance of Revocable Permit to Diamond Resorts International Club, Inc., to Repair Existing Erosion Protection Skirt and Sand Mattress Revetment Fronting the Kaanapali Beach Club, Honokowai, Lahaina, Maui, Tax Map Key: (2) 4-4-001: Seaward of 098.
The purpose of the amendment is to change the rent reopening provision of the lease to provide for the determination of rent based on the Board’s prevailing policy on leasing to eleemosynary organizations.
F. DIVISION OF AQUATIC RESOURCES
1. Determination of whether the Final Environmental Impact Statement (FEIS) complies with applicable law and adequately discloses the Environmental Impacts of Proposed Issuance of Commercial Aquarium Permits and Commercial Marine Licenses for the Island of O‘ahu, for the purpose of accepting the FEIS; dated August 20, 2021, Applicant Pet Industry Joint Advisory Council (PIJAC); Island of O‘ahu, State of Hawai‘i.
The Final Environmental Impact Statement is available to the Public online at:
J. DIVISION OF BOATING AND OCEAN RECREATION
1. Denial of Petitions for Contested Case Hearing filed on July 27 and 28, 2021 by Nā Papa‘i Wawae ‘Ula‘Ula, Ka Malu O Kahālāwai, Kekai Keahi, and Kai Nishiki, regarding the Renewal of Commercial Use Permits for Extended Horizons Inc., Kaanapali Beach Watercraft Rentals, Inc., Noio Charters, Inc., and Pacific Jet Sports, Inc. for Mala Launch Ramp, Maui. [Testimony] [Testimony Late]
2. Administrative Enforcement Action Requested for Alleged Violation of Hawaii Administrative Rule Section 13-256-3, Commercial Use Permit or Catamaran Registration Certificate requirements, and Section 13-256-73.1, Kaneohe Bay ocean waters Commercial Use Permits, requested against Thomas P. Bellit for allegedly conducting Commercial Activity without a Commercial Use Permit or prior approval from the Department and loading passengers at the Heeia Kea small boat harbor launch ramp. [Testimony]
K. OFFICE OF CONSERVATION AND COASTAL LANDS
1. State of Our Island Beaches, a Presentation by Dr. Shellie Habel, Coastal Geologist and University of Hawaiʻi Sea Grant Extension Agent.
1. Issuance of a Revocable Permit for Office Space for the HNL Baggage Handling System Improvement Project, State Project No. AO1033-23, Bowers + Kubota Consulting, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 055.
2. Issuance of a Revocable Permit for Staging Fueling Vehicles for aircraft fueling operations, FSM Group, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-072: Portion of 031 and (1) 1-1-072: Portion of 032.
3. Issuance of a Revocable Permit for a Construction Staging Area for equipment, materials and supplies and for the storage of a construction waste bin, Nan, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 001.
Amend Prior Board Action of September 11, 2020, Item M-8, Request for: (1) Acquisition of Lands to the Department of Transportation, Highways Division, for Highway Purposes, Relating to Farrington Highway Project No. STP-0930-1(006); Mokuleia and Kamananui, Waialua, Island of Oahu, State of Hawaii, Tax Map Keys: (1) 6-8-006: Portions of 010,(1) 6-8-007: Portions of 002, and (1) 6-7-001: Portions of 026.
The purpose of this amendment is to request the Board of Land and Natural Resources (Board) to authorize right-of-entry for construction purposes covering the land areas under Tax Map Keys: (1) 6-7-001:026 (Parcel 8 and 9).
4. Request Authorization to Acquire Land for the Department of Transportation, Highways Division, for Highway Purposes, Relating to Honoapiilani Highway Rehabilitation of Honolua Bridge, Federal Aid Project No. BR-030-1(37), Island of Maui, State of Hawaii, Tax Map Key: (2) 4-2-004: 032.
5. Amend prior Board Action of June 12, 2020, Item M-5, Acquisition of Temporary Construction Rights-of-Entry to Land to the Department of Transportation, Highways Division, for Highway Purposes, Relating to Kamehameha Highway, Laieloa Stream Bridge Replacement, Federal Aid Project No. BR-083-1(58) at Laie, Koolauloa, Oahu, Hawaii, Re: Tax Map Key Nos. (a) (1) 5-5-003: Portion of 201; (b) (1) 5-5-006: Portion of 038; (c) (1) 5-5-011: 068 and Portion of 070; (d) (1) 5-5-013: Portions of 075, 076, 077, 078, 079, 080 and Puuahi Street; and (e) (1) 5-5-014: Portion of 001.