Land Board Submittals – 11/12/21

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

                                    DATE:            FRIDAY,  November 12, 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 Board meeting minutes held September 10, 2021.

 

C.       DIVISION OF FORESTRY AND WILDLIFE

1.     Request and justification for collecting up to five adult and sub-adults ‘Akikiki from the wild on the Alaka’i Plateau, Kaua’i for captivity. [Testimony]

2.     Issuance of Right-of-Entry Permit to Redemption Pictures Inc for Exclusive Use of Public Lands for Filming at Mānoa Falls Trail, Honolulu, Oahu

DLNR asserts that it owns the unpaved portion of Mānoa Road per the Highways Act 1892 related to Old Government Roads, including the unnumbered parcel between Tax Map Key (1) 2-9-055:008 and (1) 2-9-055:009, both of which are under jurisdiction of Board of Water Supply.

 

D.       LAND DIVISION

1.     Grant of Term, Non-Exclusive Easement to Kauai Island Utility Cooperative for Utility Purposes, Kekaha, Waimea, Kauai, Tax Map Key: (4) 1-2-001: por. of 006. 

2.    Amend General Lease No. S-6014 to Honpa Hongwanji Mission of Hawaii for Church
Parking and Allied Purposes, Kapaa, Kawaihau, Kauai, Tax Map Key: ( 4) 4-5-006:008.

The purpose of the amendment is to change the rent reopening provision as long as
lessee an eligible eleemosynary organization under HRS 171-43.1.

3.     Consent to Assign General Lease No. S-5435, Shirley Kaiwalani Nash, Assignor, to Jesse Kaawaloa, Jr., Assignee, Lot 35, Kalapana Section, Kikala-Keokea, Puna, Hawaii, Tax Map Key: (3) 1-2-043:035. 

4.     Amendment of Extended, Amended, and Restated General Lease No. S-3961, Hilo Hawaiian Associates, Inc., Lessee; Government Lands Situate at Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-1-003:005.

The purpose of the amendment is to insert a standard provision that was inadvertently omitted from the lease detailing the kinds of receipts to which percentage rent applies and the maintenance of records therefor. [Testimony]

5.     Amend Prior Board Action of July 23, 2021, Item D-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.

The purpose of the amendment is to change the initial term of the Right-of-Entry Permit to one year and authorize the Chairperson to continue the Right-of-Entry Permit annually for good cause shown. 

6.     Issuance of Immediate Right-of-Entry and Grant of Perpetual, Non-Exclusive Easement to Michael and Laurie Baker for Access Purposes, Honokala – Hoolawa, Hamakualoa, Maui, Tax Map Key: (2) 2-9-002:022 por.

7.     Amend Prior Board Action of October 8, 2021, Item D-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 this amendment is to change the applicant from Diamond Resorts International Club, Inc. to West Maui Resort Partners, L.P. 

8.     Issuance of a Right-of-Entry Permit to Xterra Global LLC for the 2021 Xterra World Championships, December 4 and 5, 2021, Kapalua, Lahaina, Maui, Tax Map Key (2) 4-2-004: Seaward of 014, 015 and 016. 

9.     Amend Prior Board Action of January 8, 2021, Item D-8, Quitclaim of State’s Interests, if Any, in a Portion of Government Land to the Department of Hawaiian Home Lands, Palaau and Hoolehua, Kona, Molokai, Tax Map Key: (2) 5-2-004:046.

The purpose of this amendment is to correct the acreage of subject parcel from 42.313 acres to 41.984 acres. 

10. Annual Renewal of Revocable Permit 7915; Resorttrust Hawaii, LLC, Permittee; Waialae, Honolulu, Oahu, Tax Map Key: (1) 3-5-023:041. [Testimony]

11. Withdrawal from Governor’s Executive Order No. 4215; Issuance of Perpetual Non-Exclusive Access and Utility Easements and Right-of-Entry Permit to City and County of Honolulu, Board of Water Supply; Waimanalo, Koolaupoko, Oahu, Tax Map Key: (1) 4-1-008: portions of 103. [1] 

Note:
[1]    TMK (1) 4-1-008:103 fka (1) 4-1-008:080

 

12. Annual Renewal of Revocable Permits on the Island of Oahu. See Exhibit 2 for list of Revocable Permits. 

13. Denial of Sierra Club of Hawaii’s Petition to Adopt Rules for Appraising Water Leases.  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. [Testimony]

 

E.       STATE PARKS

1.     Delegation of Authority to the Chairperson to Procure, Award and Enter into Service Contracts to Collect Entrance and Parking Fees, and Conduct Visitor Management Services Statewide at ‘Akaka Falls State Park and Hāpuna Beach State Recreation Area, Island of Hawai’i; Kōkeʻe State Park and Waimea Canyon State Park (Contiguous), Island of Kauaʻi; ʻIao Valley State Monument, Mākena State Park and Waiʻānapanapa State Park, Island of Maui; and Nuʻuanu Pali State Wayside, Island of Oʻahu.

 

J.       DIVISION OF BOATING AND OCEAN RECREATION

1.     Approval of petition for a contested case hearing (CCH) by Thomas P. Bellit regarding October 8, 2021, Enforcement Action for alleged illegal Commercial Activity, in violation of Hawaii Administrative Rules (HAR) §§ 13-256-3 & 13-256-73.1.

 

M.      OTHERS

1.     Issuance of a Revocable Permit for Aircraft Parking, Barbers Point Aviation Services, LLC, Kalaeloa Airport, Tax Map Key: (1) 9-1-013: Portion of 032.

2.     Issuance of a Revocable Permit for Two Aircraft Parking, Barbers Point Flight School, LLC, Kalaeloa Airport, Tax Map Key: (1) 9-1-013: Portion of 032.

3.     Issuance of a Revocable Permit for Three Commercial T-Hangars for the storage of parts, tools and equipment to support a Commercial General Aviation Maintenance Business, Corporate Air, Daniel K. Inouye International Airport, Tax Map Key:  1-1-076: Portion of 020.

4.     Issuance of a Revocable Permit for Two Commercial T-Hangars for the storage and maintenance of Aircraft and Aircraft parts for Commercial General Aviation Maintenance, HKA Pacific LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 021.

5.     Issuance of a Revocable Permit for Aircraft Parking, Ian Hofreiter and Annie Domko, Kalaeloa Airport. Tax Map Key: (1) 9-1-013: Portion of 032.

6.     Issuance of a Revocable Permit for a T-Hangar for storage and maintenance of Aircraft, Michael Charlston, Kawaihapai Airfield, Waialua, Hawaii, Tax Map Key: (1) 6-08-014: Portion of 001.

7.     Issuance of a Revocable Permit for a T-Hangar for storage and maintenance of Aircraft, Wailea Aircraft L.L.C., Kawaihapai Airfield, Waialua, Hawaii, Tax Map Key: (1) 6-08-014: Portion of 017.

8.     Issuance of a Revocable Permit for Aircraft Parking, Aerotwin Maui LLC, Kahului Airport, Tax Map Key: (2) 3-8-001: Portion of 019.

9.     Issuance of a Revocable Permit for storage space, U.S. Department of Homeland Security, Transportation Security Administration, Kahului Airport, Tax Map Key:     (2) 3-8-001: Portion of 019.

10. Issuance of a Revocable Permit for Ticket Counters and Kiosks, Southwest Airlines Co., Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

11. Issuance of Amendment No. 2 to Concession Agreement No. DOT-A-16-0001 for additional automobile parking facilities, SP Plus Corporation, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

12. Issuance of a Second Amendment to Grant of Non-exclusive Easement and Bill of Sale for Waterline purposes, Water Board of the County of Hawaii, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

13. Issuance of a Revocable Permit for Shared Use of Baggage System, Alaska Airlines, Inc., Lihue Airport, Tax Map Key: (4) 3-5-001: Portion of 135.

14. Issuance of Month-to-Month Revocable Permits to IES Downstream, LLC, for Ancillary and Non-Exclusive Pipeline Easements for four (4) subsurface petroleum pipelines for Fuel barges at Hilo Harbor, Island of Hawaii, Tax Map Key: (3) 2-1-009: Portion 007, Governor’s Executive Order No. 3962.

15. Issuance of four (4) Month-to-Month Permits to Sause Bros., Inc., for a Modular Office and Parking Areas, situated at Pier 27, Honolulu Harbor, Oahu, Tax Map Keys: (1) 1-5-038: Portion of 001 and (1) 1-5-038:Portion of 074, Governor’s Executive Order No. 2903.

16. Amendment of Harbor Lease No. H-06-28 issued to The Gas Company, LLC, to include Non-Exclusive Subsurface Electrical Easement situated at Pier 38, Honolulu Harbor, Oahu, Tax Map Key No.: (1) 1-5-042 :Portion of 001, Governor’s Executive Order No. 1346.

17. Issuance of a Right-of-Entry to Royal Contracting Co., Ltd., at Kalaeloa Barbers Point Harbor, Island Of Oahu, Tax Map Key: (I) 9-1-014:Portion of 024, Governor’s Executive Order No. 3383.