Land Board Submittals – 3/24/22

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

                                    DATE:            THURSDAY, March 24, 2022

                                    TIME:              9:00 A.M.

                                    LOCATION:   Online via ZOOM, Livestream via YouTube 

 

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, applicants, and testifiers participating via an online meeting venue.

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

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

To provide Oral Testimony by Telephone:

Dial: +1 (346) 248 7799
At the prompts, enter:  Meeting ID: 839 0979 1405#  Passcode: 452021#
Note: To unmute, press *6.

To provide Video Testimony by ZOOM:

Send your request via email to [email protected] and clearly identify 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 and will be processed as soon as practicable.

To provide Written Testimony by Mail or E-Mail:

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.  Written testimony that is received later than 24-hours prior to the meeting 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.

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.

 

Update …

3/22/22 – Item D-2 Withdrawn

 

 

A.       MINUTES

1.     Approval of the December 10, 2021, Board Meeting Summary Minutes.
2.     Approval of the February 4, 2022, Board Meeting Summary Minutes.

 

D.       LAND DIVISION

1.     Amend Prior Board Action of November 12, 2021, Item D-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.

The purpose of the amendment is to correct the Tax Map Key in the prior Board action from Tax Map Key: (4) 1-2-001: por. of 006 to Tax Map Key: (4) 1-2-002: por. of 006. 

2.     Issuance of Right-of-Entry Permit for Corporate Event Purposes to be held on April 27, 2022; Resorttrust Hawaii, LLC, Applicant; Waialae, Honolulu, Oahu, Tax Map Key: (1) 3-5-023: portions of 041. [Withdrawn]

3.     Issuance of Revocable Permit to Gregory Fonseca, Waipahu Industrial Park, Hoaeae, Ewa, Oahu, Tax Map Key: (1) 9-4-049:062 por., Unit 202. 

4.     Issuance of Right-of-Entry Permit to Island Productions, LLC for Filming at the Lawn fronting Kahala Hotel; Waialae, Honolulu, Oahu, Tax Map Key: (1) 3-5-023: portions of 041.  [Testimony]

 

J.       DIVISION OF BOATING AND OCEAN RECREATION         

1.     Denial of Petition for Contested Case Hearing filed on January 22, 2022 by Ka Malu O Kahālāwai, Nā Papa‘i Wawae ‘Ula‘Ula, Kekai Keahi, and Kai Nishiki, regarding the Renewal of Commercial Use Permits for Ocean Riders, Inc., Adventure Rafting, Inc., Lahaina Para-Sail, Inc., Lahaina Water Ski, Inc., Parasail Kaanapali, Inc., and West Maui Parasail, Inc., for Mala Launch Ramp, Maui; and requesting a delegation of authority to the Chairperson to grant or deny any future contested case hearing petitions regarding DOBOR’s commercial use permit renewals for the fifteen authorized commercial permittees at Mala boat launch ramp. [Testimony]

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. 

2.     Issuance of a Revocable Permit to Blue Water Shrimp International, LLC, for Food Service and Performance and Playing of Conversation-Friendly Music (low volume), Located at the Ala Wai Small Boat Harbor, Honolulu, Oahu, Tax Map Key: (1) 2-6-010:003 (Por.) and :016 (Por.) and:

Declare the Project Exempt from Requirements of Chapter 343, Hawaii Revised Statutes and Title 11, Chapter 200.1, Hawaii Administrative Rules.

 

M.      OTHERS

1.     Issuance of a Revocable Permit for an Employee Uniform Distribution Center, Hawaiian Airlines, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 059 (Portion).

2.     Issuance of a Revocable Permit for Commercial Use of a T-Hangar for Storage of Aircraft and a Maintenance Hangar, K & S Helicopters Inc., Tax Map Key: (3) 2-1-012: Portion of 009.

3.     Issuance of a Revocable Permit for Ticket Counters, Offices, and Equipment Parking, Southwest Airlines Co., Hilo International Airport, Tax Map Key: (3) 2-1-012: Portion of 009.

4.     Issuance of a Revocable Permit for Vehicle Parking, Southern Airways Express, LLC, Waimea-Kohala Airport, Tax Map Key: (3) 6-7-001: Portion of 008.

5.     Issuance of a Revocable Permit for a Screening Area as Part of Covid-19 Testing-Coronavirus Response, Maui Pharmacy Solutions LLC, Kahului Airport, Tax Map Key: (2) 3-8-001: Portion of 220.

6.     Request Authorization to Acquire Land for the Department of Transportation, Highways Division, for Highway Purposes, relating to Kuhio Highway, Emergency Flood Repairs and Cleanup, Project No. ER-19 (002), Wainiha, Hanalei, Island of Kauai, State of Hawaii, Tax Map Key Nos.(4) 5-6-003:002, (4) 5-7-03:003, (4) 5-8-002:002, and (4) 5-8-006:030