Land Board Submittals – 6/09/22

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

                                         DATE:             June 9, 2022

          TIME:              9:00 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.  NOTE: The Board members will be participating via ZOOM for this meeting.  Members of the public are asked to wear a mask if attending in-person.

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 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:
Dial: +1 (669) 900-6833
At the prompts, enter:
Meeting ID: 818 2841 5893#  Passcode: 436561#
Note: To unmute, press *6.

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.

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 April 22, 2022, Summary Board minutes.

 

D.  LAND DIVISION

1.    Issuance of Land Patent in Confirmation of Land Commission Award No. 5467 to Poopali, Heir of Manoha, situate at Nania, District of Waimea, Island of Kauai, Tax Map Key: (4)1-5-002: 023.

2.    Amend Prior Board Action of March 25, 2021, Item D-3, Rescind Prior Board Action of February 14, 2020, Item D-3, After-the-Fact Issuance of Right-of-Entry to the Association of Unit Owners of Kauai Kailani for Emergency Temporary Shoreline Protection Structure and Beach Nourishment Activities; Grant of Term, Non-Exclusive Easement to the Association of Unit Owners of Kauai Kailani for a Sand Groin on Unencumbered State Land, Kapaa, Kawaihau, Kauai, Tax Map Key: (4) 4-3-009:seaward of 041.

The purposes of this amendment are to add: (i) “Sections 171-13 and -53 Hawaii Revised Statues (HRS), as amended” Under “LEGAL REFERENCE:”; and (ii) “EASEMENT CONSIDERATION: One-time payment to be determined by independent or staff appraisal establishing fair market rent, subject to review and approval by the Chairperson.”

3.    Rescind Prior Board Action of May 12, 2006, Item D-3, Grant of Perpetual, Non-Exclusive Avigation and Noise Easement to State of Hawaii, Department of Transportation, Airports Division, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-2-37:41

4.    Set Aside 74 Acres (more or less) to Division of State Parks for Park and Ancillary Purposes and Issuance of Immediate Right-of-Entry Permit, Wakiu, Hana, Maui, Tax Map Key: (2) 1-3-006:007 por.

5.    Cancellation of Revocable Permit No. S-7935, Association of Apartment Owners of Kulakane, Permittee, Request for Waiver of Phase I Environmental Site Assessment Requirement and Release of Removal Bond, Mahinahina, Lahaina, Maui, Tax Map Key: (2) 4-3-006: Seaward of 011.

6.     Issuance of Right-of-Entry Permit to TS Aloha, Inc. for Event Operations Purposes Related to the 2022 Kimo’s Longboard Contest, a One-Day Event, with a Holding Period of June 10 through July 24, 2022, at Lahaina, Maui, Tax Map Key: (2) 4-5-004: Seaward of 012.

7.     Approve Cancellation of Request for Qualifications / Request for Proposals for Lease of Improved Public Lands; Rescind Board’s Prior Action of December 13, 2019, Item D-3; Waiakea, South Hilo, Hawaii, Tax Map Keys: (3) 2-1-005: 033, 034, 035 and 045. [Testimony]

8.    Approve Cancellation of Request for Qualifications / Request for Proposals for Lease of Improved Public Lands; Rescind Board’s Prior Action of December 13, 2019, Item D-2; Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-1-005:020. [Testimony]

9.    Deny Lessee’s Request for Consent to Mortgage with Estoppel Certificate and Pledge and Security Agreement, General Lease No. S-5844, WHR LLC, Lessee; Waiakea, South Hilo, Hawaii, Tax Map Keys: (3) 2-1-01:012 and 2-1-05:013, 016, 017, 027, 032, and 046 .

 

E.    STATE PARKS

1.  Request for a Twenty (20) Year Extension of General Lease SP0006 Hawai’i Nature Center, Inc. at Makiki Valley State Recreation Area, Honolulu, O’ahu, Hawai’i, Tax Map Key: (1) 2-5-019:008 portion. [Testimony]

2.  Request Approval to Change the Name of Russian Fort Elizabeth State Historical Park to Pā‘ula‘ula State Historic Site, Makaweli, Waimea, Kaua‘i.  Tax Map Key: (4) 1-5-005:003. [Testimony]

3.  Issuance of Revocable Permit to Go Holoholo, Inc. for Use of the Nutridge House and Grounds for Operating a Venue for Commercial and Community Events, Office Space Use, and Provide Onsite Management at Pu’u ‘Ualakaʻa State Wayside, Opu, Makiki, Oʻahu, Tax Map Key: (1) 2-5-019:004 (portion);

Declare Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules;

and

Delegation to the Chairperson to Issue a Request for Proposals, Procure, Approve and Award Contract for a Long-term Lease and Give the Notice to Proceed at Pu’u ‘Ualakaʻa State Wayside, Opu, Makiki, Oʻahu, Tax Map Key: 1) 2-5-019:004 portion.

 

F.    DIVISION OF AQUATIC RESOURCES

1.    Request for Final Approval to Adopt a New Chapter Under Hawaii Administrative Rules (“HAR”) as Title 13 Chapter 60.10, Miloliʻi Community-Based Subsistence Fishing Area, Hawaiʻi, to Manage and Protect Fish Stocks and to Reaffirm Traditional and Customary Native Hawaiian Subsistence Fishing Practices Along the Southwest Coast of Hawaiʻi Island

The proposed rules can be reviewed in person, by appointment only, at the Division of Aquatic Resources (DAR) office on Oahu at 1151 Punchbowl St. Room 330, Honolulu, Hawaii 96813 from 8:00 am to 3:30 pm, Monday through Friday, except Holidays.  To schedule an appointment to review the proposed rules in person, email [email protected].

The proposed rules, including a statement on the topic of the proposed rules, can be reviewed online at: https://ltgov.hawaii.gov/the-office/administrative-rules/proposed-changes/.

The proposed rules can also be viewed online at: http://dlnr.hawaii.gov/dar/rules-and-public-notices/.

[Testimony]

 

G.   BUREAU OF CONVEYANCES

1.     Request for Authorization to Enter into a Contract for Support Services for Torrens (Land Court) Documents and Certificates.

 

K.  OFFICE OF CONSERVATON AND COASTAL LANDS

1.    Conservation District Use Application (CDUA) HA-3878 for a Single-Family Residence and Related Improvements by the Holcomb Family Trust/ Kelly Holcomb, Trustee Located at 28-3426 Hawaiʻi Belt Road, Malamalama Iki, South Hilo, Hawaiʻi, Tax Map Key: (3) 2-8-012:028

2.    Conservation District Use Application (CDUA) HA-3885 for a Single-Family Residence, Landscaping, and Related Improvements by Christopher and Wendi Roehrig  Located at 14-3543 Government Beach Road, Wa‘awa‘a, Puna, Island of Hawai‘i Tax Map Key: (3) 1-4-028:008

 

L.  ENGINEERING

1.    Request Approval of Variance for Keaīwa Reservoir (HA-0049) of Hawaii Administrative Rules Section 13-190.1-21(b)(2) and allow more than 5 feet of Water depth to remain in the Breached Dam, Dam Owner: Edmund C. Olson Trust No. II, Location: Middle & Lower Moaula Camp, Pahala, Hawai’i County, Tax Map Key: (3) 9-6-007:001, (3) 9-6-007:002. [Testimony]

 

M.  OTHERS

1.    Issuance of a Revocable Permit for a Tour Service Counter, DH Hawaii Tour Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 195.

2.    Issuance of a Revocable Permit for Two T-Hangars for the Storage and Maintenance of Aircraft in Support of a Commercial Aeronautical Flight School Business, George’s Aviation Services, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 20.

3.    Issuance of a Revocable Permit for Two Aircraft Parking, Kamaka Air LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 023.

4.    Issuance of a Revocable Permit for Storage of Tools and Equipment for Airline Carrier Operations, Southern Airways Express, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 001.

5.    Issuance of a Revocable Permit for Administrative Purposes for their Flight Standards District Office, United States of America, Federal Aviation Administration, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003:049.

6.    Issuance of a Revocable Permit for one-half of the “Fightertown” Hangar for the Storage and Maintenance of Personal Aircraft, Scott Blackley, Kawaihapai Airfield, Waialua, Hawaii, Tax Map Key: (1) 6-08-014: Portion of 023.

7.    Issuance of a Revocable Permit for a Sail Plane Hangar, for Storage and Maintenance of Aircraft, William Star, Kawaihapai Airfield, Waialua, Hawaii, Tax Map Key: (1) 6-08-014: Portion of 001.

8.    Issuance of a Revocable Permit for Storage Space for Cargo Operations, Kamaka Air LLC, Molokai Airport, Tax Map Key: (2) 5-2-004: Portion of 008.

9.    Issuance of a Revocable Permit for Aircraft Parking, Grant L. Wilson, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

10. Issuance of a Revocable Permit for Ramp Space to Install a Potable Water Cabinet, Hawaiian Airlines, Inc., Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

11. Issuance of a Revocable Permit for Ramp Space for Ground Service Equipment Parking, Hawaiian Airlines, Inc., Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

12. Issuance of a Revocable Permit for a Baggage Service Office, Southwest Airlines Co., Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

13. Request for Approval for Issuance of a Lease by Direct Negotiation to HPBS, INC., for an Office, Pilot Quarters, Subsurface Sewer Easement, Parking, and Storage Space.  Situated at Pier 19, Honolulu Harbor, Oahu, Tax Map Keys: (1) 1-5-039: Portion of 007 and (1) 1-5-039: Portion of 064, under Governor’s Executive Order No. 2903