Department of Land and Natural Resources

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

                                         DATE:             June 24, 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:
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:
Dial: +1 (669) 900-6833
At the prompts, enter:
Meeting ID: 835 9923 2130#  Passcode: 826461#
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.

 

Update …

1. Item J-2 – Withdrawn (6/21/22)
2. Item E-1 – Withdrawn (6/22/22)
3. Item M-7 – Withdrawn (6/23/22)

 

C.  DIVISION OF FORESTRY AND WILDLIFE

1.    Annual review of grants from the Land Conservation Fund for each project that has been pending for over five years – For information, discussion, and possible action:

a) LLCP 13-02, DLNR Division of State Parks, Ulupō Heiau Buffer, Koʻolaupoko District, Island of Oʻahu, Tax Map Key Number: (1) 4-2-103:032 (portion).

b)    LLCP 15-01, Waipā Foundation, Kaluanono at Waipā, Haleleʻa District, Island of Kauaʻi, Tax Map Key Number: (4) 5-6-004:010 (Information Only).

c)    LLCP 17-03 Hawaiian Islands Land Trust, Kepler Keʻanae Loʻi Conservation Easement, Koʻolaupoko District, Island of Maui, Tax Map Key Number: (2) 1-1-003:041 (Information Only).

2.  Approve—as a contingency in the event that Hawaiian Islands Land Trust or the Division of Forestry and Wildlife declines its Fiscal Year 2022 Legacy Land grant award, or is unable to accept or expend all or part of its awarded funds—awards of remaining, available funds from the Fiscal Year 2022 Land Conservation Fund, up to $675,000, to Ke Ao Haliʻi as an alternate, for the acquisition of approximately 8.58 acres at Hāna District, Island of Maui (Haneoʻo Lands), Tax Map Key Number: (2) 1-4-010:015; and

Authorize the Chairperson, if needed, to redirect up to $675,000 of remaining, available funds from a Fiscal Year 2022 Legacy Land grant award—that were declined, not accepted, or not expended by Hawaiian Islands Land Trust or the Division of Forestry and Wildlife—to the Fiscal Year 2022 Legacy Land grant award to Ke Ao Haliʻi, for the acquisition of approximately 8.58 acres at Hāna District, Island of Maui (Haneoʻo Lands), Tax Map Key Number: (2) 1-4-010:015.

3. Request Approval to Procure, Negotiate and Sign a Contract(s) for the Management of the Department of Land and Natural Resources Youth Conservation Corps Program.

 

D.  LAND DIVISION

1.    Mutual Cancellation of General Lease No. S-6065, Natural Energy Laboratory of Hawaii Authority, Lessee, for Air Monitoring and Storage Purposes, Kapoho, Puna, Hawaii, Tax Map Key: (3) 1-4-001:082.

2.    Withdrawal of Approximately 4 Acres from Revocable Permit No. S-7673 (RP7673), Hawaii County Economic Opportunity Council (HCEOC), Permittee, through Amendment of RP7673 or Cancellation of RP7673 and Reissuance of a New Revocable Permit to HCEOC, or through such other Documentation as the Department of the Attorney General Deems Appropriate; Set-Aside to the County of Hawaii for the Relocation of the Central Fire Station; Issuance of Immediate Right-of-Entry to the County of Hawaii for Preliminary Study and Management Purposes, Waiakea, South Hilo, Hawaii; Tax Map Key: (3) 2-5-006:159 (portion).

3.    Grant of a Term, Non-Exclusive Easement for each of Two Crossings Over the Honokohau Trail with Issuance of an Immediate Construction Right-of-Entry to West Hawaii Business Park LLC for Access and Utility Purposes, Honokohau 1st & 2nd, North Kona, Hawaii, Tax Map Keys: (3) 7-4-008: portions of 078 and 079.

4.    After-the-Fact Amendment of Revocable Permit (RP) S-7382 to Maui Pineapple Company, Ltd. ; and Issuance of Revocable Permit to Maui Land and Pineapple Company, Inc. Effective January 1, 2017, with After-the-Fact Renewals for the years 2018 through 2022, Mahinahina, Lahaina, Maui, Tax Map Key: (2) 4-4-004: portions of 009, 011 & 019.

The amendments to RP S-7382 are to change the character of use provision from agricultural purposes to access purposes, decrease the area of use from 153.39 acres to 0.8 acre, and reduce the rent from $1,096/month to $40/month for the period January 01, 2009, to December 31, 2016.

5.    Issuance of Right-of-Entry Permit to the City and County of Honolulu for Homeless Outreach and Navigation for Unsheltered Persons Program Purposes (“HONU”) on Land Set Aside the Department of Land and Natural Resources, Land Division, under Governor’s Executive Order No. 3461; Kahauiki, Honolulu, Oahu, Tax Map Key: (1) 1-1-006:003.

6.    Second Amendment of General Lease No. S-6077 for Temporary Mobile Access to Services and Housing for Housing First Transition Purposes to Extend for Four (4) Years; City and County of Honolulu, Lessee; Sand Island, Honolulu, Oahu, Tax Map Key: (1) 1-5-041: Portions of 130 and 334.

7.    Intentionally Left Blank

8.    Intentionally Left Blank

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 .

• The email thread Bushor (redacted).
• WHR letter to the Chair (redacted exhibit B).
• Letter to Chipchase.

[Testimony Docs 1, 2, 3, 4, 5, 6]

 

E.  STATE PARKS

1.    Authorize the Department of Land and Natural Resources, Division of State Parks to Directly Negotiate a Five-Year Lease with Hui Makaʻāinana o Makana, an Eleemosynary Organization, for Natural & Cultural Resource Enhancement, Park Maintenance, Education, Onsite Visitor Management, and Management of a Reservation System for the Collection of Parking and Entry Fees and Shuttle Service at Hāʻena State Park, Kauaʻi, Hawaiʻi, Tax Map Key: (4) 5-9-001:022 portion and (4) 5-9-008:001 portion. [Withdrawn 6/22/22]

 

J.  DIVISION OF BOATING AND OCEAN REREATION

1.    Renewal of Revocable Permits on the Islands of Oahu, Maui, Hawaii and Kauai, See Exhibit E for List of Revocable Permits; and

Declare Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Preparation of Environmental Assessment. [Testimony]

2.    Administrative Enforcement Action and recommended penalties for alleged Violation of Hawaii Administrative Rule (HAR) § 13-231-26 (Use of a vessel as a place of principal habitation), Ala Wai Small Boat Harbor, against Donald L. Pierce for using a vessel as a place of principal habitation without a Valid Principal Habitation Permit or Alternatively, for alleged Violation of HAR § 13-231-28 (Staying aboard vessels moored at Ala Wai or Keehi small boat harbor), Ala Wai Small Boat Harbor, for staying aboard a vessel without prior Notice and without a Stay Aboard Permit; and Delegation of Authority to the Chairperson to Approve or Deny a Contested Case Hearing for this matter, if requested.

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.     [Withdrawn – 6/21/22]

3.    Administrative Enforcement Action and Recommended Penalties for alleged Violation of Hawaii Administrative Rule (HAR) § 13-231-26 (Use of a vessel as a place of principal habitation), Ala Wai Small Boat Harbor, against Eric R. Alpert for using a vessel as a place of principal habitation without a Valid Principal Habitation Permit or Alternatively, for alleged Violation of HAR § 13-231-28 (Staying aboard vessels moored at Ala Wai or Keehi small boat harbor), Ala Wai Small Boat Harbor, for staying aboard a vessel without Prior Notice and without a Stay Aboard Permit; and Delegation of Authority to the Chairperson to Approve or Deny a Contested Case Hearing for this matter, if requested.

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.

 

K.  OFFICE OF CONSERVATON AND COASTAL LANDS

1.    Conservation District Use Application (CDUA) KA-3886 for the Camp Alan Faye Improvements Project by the Boy Scouts of America Aloha Council Located at Kauhao Ridge Road, Nāpali-Kona & Pu‘ukapele Forest Reserve, Waimea, Kaua‘i, Tax Map Key: (4) 1-4-001:015.

 

M.  OTHERS

1.    Issuance of a Directly Negotiated Hangar Facilities Lease for Cargo Operations, Aeko Kula, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-072: 057.

2.    Issuance of a Revocable Permit for a Sail Plane Hangar for the Storage and Maintenance of an Aircraft Used in the Support of a Flight Test Program for Iolani School, Iolani School, Kawaihāpai Airfield, Waialua, Hawaii, Tax Map Key: (1) 6-08-014:Portion of 001.

3.    Issuance of a Revocable Permit for a Cargo Warehouse, Offices and Parking for the Provisioning Functions of its Airline Operations, Southwest Airlines Co., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 085.

4.    Issuance of a Revocable Permit for a Sprung Structure and Ramp Space for Mobile Office Containers and Vehicle Parking, Hawaiian Airlines, Inc., Ellison Onizuka Kona International Airport at Keāhole, Tax Map Key: (3) 7-3-043: Portion of 003.

5.    Issuance of a Revocable Permit for Vehicle Parking, Kamuela Trucking Incorporated, Waimea-Kohala Airport, Tax Map Key: (3) 6-7-001: Portion of 008.

6.    Issuance of two (2) Month-to-Month Revocable Permits to The Gas Company, LLC, for a Non-Exclusive Subsurface Easement for the distribution of Petroleum Products and a Non-Exclusive Subsurface Electrical Easement for Electricity Transmission, situated at Hilo Harbor, Island of Hawaii, Tax Map Key Nos: (3) 2-1-009: Portion of 007, (3) 2-1-009:Portion of 048 , and (3) 2-1-009: Portion of 060, Governor’s Executive Order No. 3962.

7.    Request Approval for Public Auction for a 65-Year Lease for use of The Maritime Center and Surrounding Area, Situated at Pier 7,Honolulu Harbor, Oahu, Tax Map Key Nos: (1) 2-1-001: Portion of 058 and 2-1-001:Portion of 057, Governor’s Executive Order No. 3542. [Withdrawn – 6/23/22]

8.    Issuance of a Month-to-Month Revocable Permit to the United States of America, Department of the Navy, for Office Space, Warehouse Space, Wharf Apron Space, and Submerged Land at Port Allen Harbor, Kauai, Tax Map Keys:  (4) 2-1-003: Portion of 006, (4) 2-1-003: Portion of 018, and (4) 2-1-003: Portion of  019.  Governor’s Executive Order No. 1047.

9.    Information Briefing on the Status of DLNR’s Administrative Enforcement Cases That Were Processed in Fiscal Year 2021.

NON-ACTION ITEM

10. Authorization to convey subject Property, designated as Remnant E-6 (Portion) and 22-A East Molokai Road, Federal Aid Secondary Project No. 2-A(1), Kaunakakai-Kamalo, Molokai, Tax Map Key No. (2) 5-4-02: Road (Portion)  to Gerald Alderson by Quitclaim Deed.