Department of Land and Natural Resources

Land Board Submittals – 4/08/22

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

DATE: FRIDAY, April 8, 2022

TIME: 9:00 A.M.

LOCATION: In person at 1151 Punchbowl St. Room 132
(Kalanimoku Building),
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:
https://www.dlnr.hawaii.gov/meetings

The meeting will be livestreamed at:
https://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.

A. MINUTES

1. Approval of the February 11, 2022, Board Meeting Summary Minutes.
2. Approval of the February 25, 2022, Board Meeting Summary Minutes.

D. LAND DIVISION

1. Issuance of Direct Lease to Kaivin Farm Educational Programs for Pasture Purposes, Kalaheo Homesteads, 1st Series, Kalaheo, Koloa, Kauai, Tax Map Keys: (4) 2-4-003:017 and 018.

2. Issuance of Immediate Construction Right-of-Entry and Revocable Permits to Mantokuji Mission of Paia, Maui to Install Temporary Erosion Control Structure Fronting the Mantokuji Mission of Paia, Maui, Lower Paia, Makawao, Maui, Tax Map Key: (2) 2-6-008: Seaward of 013.

3. Issuance of Right-of-Entry Permit to Pyro Spectaculars North, Inc. for Aerial Fireworks Display on April 11, 2022, at Fleming Beach, Honolua, Lahaina, Maui, Tax Map Key: (2) 4-2-004: seaward of 016.

4. Issuance of Right-of-Entry Permit to Eurus Energy America LLC to Conduct Topographic, Easement, Geotechnical, Biological, and Cultural Surveys on Land Set Aside to the Department of Agriculture under Executive Order No. 4584 at Honouliuli, Ewa, Oahu, Tax Map Key: (1) 9-1-031: 001. [Testimony]

5. Second Amendment of Prior Board Action of October 27, 2017, Agenda Item D-11, Issuance of a Right-of-Entry Permit to the United States to Conduct Defense Environmental Restoration Program Activities on State Lands Including Submerged Lands on the Islands of Oahu, Maui, and Hawaii. See Exhibit A for List of Subject Properties.

The purpose of the Second Amendment is to add ten tax map key parcels to the current list of State lands approved for right-of-entry by the prior Board action, as amended by its First Amendment, and as requested by the United States Army Corps of Engineers, and to allow the right-of-entry permit to be continued on a month-to month basis for additional one-year periods at the discretion of the Chairperson. These public lands are located in South Kohala on the island of Hawaii. See Exhibit 1 for a list of the subject properties to be added in this Second Amendment.

F. DIVISION OF AQUATIC RESOUCES

1. Request Approval to Add Funding and Extend Through September 30, 2023, an Existing Federally Funded Project Agreement between the Department of Land and Natural Resources (DLNR) and the Research Corporation of the University of Hawaii (RCUH) for the Division of Aquatic Resources (DAR) Research Project Entitled “Investigation of Estuarine Habitats.”

2. Request Approval to Add Funding and Extend Through September 30, 2023, an Existing Federally Funded Project Agreement between the Department of Land and Natural Resources (DLNR) and the Research Corporation of the University of Hawaii (RCUH) for the Division of Aquatic Resources (DAR) Research Project Entitled “Statewide Marine Resources Assessment.”

3. Request Approval to Add Funding and Extend Through September 30, 2023, an Existing Federally Funded Project Agreement between the Department of Land and Natural Resources (DLNR) and the Research Corporation of the University of Hawaii (RCUH) for the Division of Aquatic Resources (DAR) Research Project Entitled “Hawaii Marine Recreational Fishing Survey.”

4. Request for Authorization and Approval to Issue a Papahānaumokuākea Marine National Monument Native Hawaiian Practices Permit Amendment to Pelika Andrade, Nā Maka Onaona (Formerly Nā Maka o Papahānaumokuākea) and the University of Hawai‘i at Mānoa, for Access to State Waters to use Traditional Ecological Knowledge to Conduct Intertidal Surveys and Monitoring to Advise and Direct Management Strategies for Intertidal Fisheries Activities.

5. Request for Authorization and Approval to Issue a Papahānaumokuākea Marine National Monument Conservation and Management Permit to Dr. Michelle Barbieri Lino, NOAA Fisheries, Pacific Islands Fisheries Science Center, for Access to State Waters to Conduct Hawaiian Monk Seal Management and Recovery Activities, Inclusive of the Removal of Individual Sharks at French Frigate Shoals Displaying Predatory Behavior Towards Monk Seal Pups.

M. OTHERS

1. Issuance of a Revocable Permit for Parking and Storage of Rental Vehicles, Avis Budget Car Rental, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-070:004 and 005.

2. Issuance of a Revocable Permit for the Purpose of a General Aviation Hangar Facility for Aircraft Maintenance Operations, HKA Pacific LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-072:023.

3. Issuance of a Revocable Permit for a Concession to Conduct Mobile Wireless Router and Sim Card Rentals, JCL International Consultants, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003:Portion of 195.

4. Issuance of a Revocable Permit for Installation of ADS-B Radio Equipment and an Antenna to Support the Operation of the U.S. Federal Aviation Administration Air Traffic Control Tower, L3Harris Technologies, Inc., Lihue Airport, Tax Map Key: (4) 3-5-001: Portion of 008.