Land Board Submittals – 10/27/22

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

                                         DATE:             October 27, 2022

          TIME:              9:15 A.M.

LOCATION:   In person at 1151 Punchbowl St. Room 132
(Kalanimoku Building),
Online via ZOOM, Livestream via YouTube

 

Board members, staff, applicants, and testifiers can choose to participate either in-person, via ZOOM or by telephone.  Members of the public are encouraged to wear a mask if attending in-person.

Meeting materials are available for public review in advance of the meeting at:
https://www.dlnr.hawaii.gov/meetings

The meeting will be livestreamed at:
https://youtube.com/c/boardoflandandnaturalresourcesdlnr

To provide in person testimony (Please wear a mask):
Attend live at 1151 Punchbowl St. Room 132 (Kalanimoku Building), Honolulu, Hawaii

To provide video testimony:
Send your request to [email protected]
Include your name 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. Requests may be made during the meeting.

To provide oral testimony by telephone please text (808) 296-1197 and identify the Item you wish to provide testimony on prior to calling in (this will allow identification when you are placed in the ZOOM waiting room :

Dial: +1 (669) 900-6833
At the prompts, enter:
Meeting ID: 837 4553 7251 #  Passcode: 518340#
Note: To unmute, press *6.

We ask that members of the public testifying on agenda items limit your testimony to three minutes so that we can get to everyone.

Written Testimony:

Interested persons can submit written testimony in advance of each meeting that will be distributed to Board Members prior to the meeting. Submit written testimony to [email protected] or via postal mail to the Board of Land and Natural Resources at P.O. Box 621, Honolulu, Hawaii 96809.  We request written testimony be submitted no later than 24 hours prior to the meeting to ensure time for Board Member review. Late written testimony will be retained as part of the record and distributed to Board Members as soon as practicable, but we cannot ensure that Board Members will receive it with sufficient time for review prior to decision-making.

If you need auxiliary aids or services or other accommodation due to a disability, contact staff at least 72 hours prior to the meeting at 808.587.0404 or email [email protected] so that arrangements can be made. If a response is received after the 72-hour time, we will try to obtain the auxiliary aid/service or accommodation but cannot guarantee that the request will be fulfilled.-  Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.

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 (e.g., 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.

 

C.  DIVISION OF FORESTRY AND WILDLIFE

1.    Request for Approval of a Management Plan for the Honuaula State Forest Reserve, Tax Map Keys: (3) 7-3-001:001, (3) 7-4-001:002, 003, & 004, (3) 7-4-002:007, (3) 7-5-013:013, 022, North Kona, Hawaii. [Testimony]

 

E.   STATE PARKS

1. Establish Volunteer Agreement with the ‘Āina Wellness Academy at Makiki Valley State Recreation Area, Honolulu, O‘ahu, Tax Map Key: (1) 2-5-019:019 por.

2.  Establish Volunteer Agreement with 808Cleanups at Kaiwi State Scenic Shoreline, Maunalua, O‘ahu, Tax Map Key: (1) 3-9-011:006 por.

3. Establish Volunteer Agreement with Kauluakalana at Ulupō Heiau State Historical Park, Kailua, O‘ahu, TMK: (1) 4-2-103:018 and 035 por.

 

J. DIVISION OF BOATING AND OCEAN RECREATION

1.     Request Final Approval to repeal Hawaii Administrative Rule (HAR) Chapter 13-251, Subchapter 1 Catamaran Captain, Canoe Captain, Canoe Second Captain, Surfboard Instructor, Sailboard Instructor and Commercial Motorboat Operator Permits, Subchapter 2 Suspension or Revocation of Operator Permits, Subchapter 3 Violation of Operator Permit Provisions, and Subchapter 7 Special Operating Restrictions, to remove all certification requirements regarding catamaran captain, canoe captain, canoe second captain, surfboard instructor, sailboard instructor and commercial motorboat operator permits. [Testimony] [New Testimony]

The proposed rule repeal can be reviewed in person at Division of Boating and Ocean Recreation (DOBOR) District Offices, from 8:00 am to 3:30 pm, Monday through Friday, except state holidays.  District Office locations are available at: https://dlnr.hawaii.gov/dobor/contact.

The current version of HAR Chapter 13-251, including a statement on the topic of the proposed repeal, can be reviewed online at:

The current version of HAR Chapter 13-251 can also be viewed online at: https://dlnr.hawaii.gov/dobor/rules.

2.    Request approval to initiate rulemaking proceedings, including public hearings, to amend Hawaii Administrative Rules (HAR) Chapter 13-230, General Provisions, re: Section 13-230-8, Definitions, and HAR Chapter 13-256, Ocean Recreation Management Rules and Areas, to add a new Sections 13-256-26, Manta Ray Viewing, and 13-256-165, Makako Bay Manta Ray Viewing Zone, 13-256-166, Kaukalaelae Point Manta Ray Viewing Zone, as regulations for Manta Ray viewing activities.

The proposed rule amendment can be reviewed in person at Division of Boating and Ocean Recreation (DOBOR) District Offices, including the Hawaiʻi District Office from 8:00 am to 3:30 pm, Monday through Friday, except state holidays: Honokōhau Small Boat Harbor, 74-380 Kealakehe Parkway, Kailua-Kona, HI 96740. [Testimony] [New Testimony]

The proposed rules, including a statement on the topic of the proposed rule amendment, can be reviewed online at:

https://ltgov.hawaii.gov/the-office/administrative-rules/proposed-changes/.

The proposed rules can also be viewed online at: https://dlnr.hawaii.gov/dobor/draft-rules.

Location and contact information for DOBOR offices is available online at: https://dlnr.hawaii.gov/dobor/contact.

 

K.  OFFICE OF CONSERVATION AND COASTAL LANDS

1.  Third Time Extension Request for Conservation District Use Permit (CDUP) HA-3793 for a Single-Family Residence and Related Improvements by William Meuer Located at ʻOpihikao, Puna, Hawaiʻi, Tax Map Key: (3) 1-3-004:008.

2. Conservation District Use Application (CDUA) OA-3895 for a Single-Family Residence and Related Improvements by Sean Winterer located at 32-620 Piha-Kahuku Road, Piha, North Hilo, Hawaiʻi, Tax Map Key: (3) 3-2-004:037

 

L.  ENGINEERING

1.    Request Approval and Adoption of Proposed Amended Dam Safety Penalty Schedule For Processing of Civil Resource Violations of HRS Chapter 179D and HAR Chapter 13-190.1; and Request Delegation to the Chairperson to Process Violations under the Civil Resource Violation System in Accordance with the Proposed Amended Dam Safety Penalties Schedule.