Land Board Submittals – 8/12/22

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

                                         DATE:             August 12, 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: 878 2729 7091#  Passcode: 636633#
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 …

  • Item C-3 – Withdrawn – 8/10/22

 

C.    DIVISION OF FORESTRY AND WILDLIFE

1.    Request Approval to Negotiate and Sign a Contract, or Contracts, for the Management of the Department of Land and Natural Resources Hawaii Youth Conservation Corps and Green Jobs Program.

2.    Requests for (1) Approval to Use a Request for Interest Process to Solicit Applicants to Provide Services for Federal Grants administered under the U.S.D.A. Forest Service’s Bipartisan Infrastructure Law (BIL) Grant Funding for Forest Action Plan (FAP) Implementation; and (2) A Delegation of Authority to the Chairperson to Award, Execute, and Extend Agreements with Successful Providers and to Issue Annual Requests for Interest and Awards under this Grant Program.

3.    Request for Approval to Adopt a New Section under the Hawaii Administrative Rules as Title 13, Chapter 124, Section 11.1, “Hawaiian Monk Seals, Approaching Prohibited”, to Establish a 50- Yard Restricted Zone Around Hawaiian Monk Seals on State Lands or in State Marine Waters, Pursuant to Hawaii Revised Statutes (HRS) Section 195D-4, through Emergency Rulemaking Procedures, as described in HRS Section 91-3(B), to Protect the Public Health and Safety and to Protect Hawaiian Monk Seals from Dangerous Human Interactions on State Lands and in State Waters. [Withdrawn – 8/10/22] [Testimony]

 

D.    LAND DIVISION

1.    Consent to Assignment of Lease from HKI Kawili LLC to Hilo Na Koa LP on Lands under Governor’s Executive Order No. 4539 Issued to County of Hawaii for Veterans Center and Affordable Senior Housing with Preference to Veterans and Spouses Purposes, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-4-057:030.

2.    Sale of Water License at Public Auction for the Non-Consumptive Use of Water from the Wailuku River for Hydroelectric Generation Purposes, Pi`ihonua, South Hilo, Island of Hawaii, Tax Map Key: (3) 2-6-009; 2-6-029; and Acceptance of Wailuku Watershed Management Plan. [Testimony]

3.    Issuance of Right-of-Entry Permit for Mineral Survey and Sample Collection Purposes to the University of Hawaii on Lands Encumbered by: (i) GL S-4465, Government Lands of Keanuiomano and Puuiki, Waimea, South Kohala, Hawaii, Tax Map Key: (3) 6-5-001:020, Parker Ranch, Inc., Lessee; (ii) GL S-4474, Government Lands of Puu Kawaiwai, South Kohala, Hawaii, Tax Map Key: (3) 6-2-001:015, Parker Ranch, Inc., Lessee; and (iii) Executive Order No. 1288 to the Department of Land and Natural Resources, Division of Forestry and Wildlife, as part of the Mauna Loa Forest Reserve, Humuula, North Hilo, Tax Map Key: (3) 3-8-001: Portion of 001

4.    Authorization to Enter Into a Ground Lease with the County of Hawaii, Office of Housing and Community Development, on Behalf of the Hawaii State Public Library System for Public Library Purposes; Waikoloa, South Kohala, Island of Hawaii, Tax Map Key: (3) 6-8-041:007 (portion).

5.    Issuance of Revocable Permit and Immediate Construction Right-of-Entry to HMC Maui LP, to Replace Existing Erosion Protection Skirt Fronting the Hyatt Regency Maui, Honokowai, Kaanapali, Lahaina, Maui, Tax Map Key: (2) 4-4-013: seaward of 008.

6.    Grant of Term, Non-Exclusive Easement to Carolyn Carley and Lee A. Windeler for Access Purposes, Honolulu, Oahu, Tax Map Key: (1) 2-5-019: portions of 009.

7.    Report on Prior Board Action dated August 13, 2021, Item D-3, as Amended, Rescind Prior Board Action of April 25, 1997, Item D-5, as Amended, Request Board Approval, Extension of Time, Completion, Tenant Improvements, General Lease No. S-5261, Sand Island Business Association, Sand Island Industrial Park, Honolulu, Oahu, Tax Map Key: 1-5-41.

Issuance of Interim Revocable Permit to Sand Island Business Association (SIBA) for Office Trailer and Parking Purposes, Sand Island Industrial Park, Honolulu, Oahu, Tax Map Key: (1) 1-5-041:077 or portion.

Amendment of General Lease No. S-5261, SIBA, Lessees, Sand Island, Honolulu, Oahu. See Exhibit 1 for list of Tax Map Key parcel numbers.

The purpose of the amendment is to change SIBA’s obligations with respect to the dedication of infrastructure improvements under the lease so that SIBA may retain control over such infrastructure until five years prior to lease termination on the condition that SIBA provide sufficient bonding to guarantee the dedication of the improvements to the City and County of Honolulu at lease expiration or earlier termination.

As requested by the Board at its meeting of August 13, 2021, this is a Report on the Status of the Bonds, Revocable permit and discussions with the County agencies on the infrastructure not yet dedicated.

 

E.    STATE PARKS

1.    Request Approval of Final Environmental Assessment (FEA) and Authorization for the Chairperson to Issue a Finding of No Significant Impact (FONSI), Proposed Master Plan Update at Ho‘oulu ‘Āina Nature Park, Kalihi Valley, Honolulu, O‘ahu, Hawai‘i, Tax Map Keys: (1) 1-4-025:001, 1-4-014:026 and 1-4-016:003.

2.    Request Approval to Solicit and Award Mobile Food Truck Concession Contracts at various State Park units Statewide under the Jurisdiction of the Department of Land and Natural Resources, Division of State Parks; and

Delegation to the Chairperson to Issue the Invitation for Bidders, Independently Award Each Bid and Give the Notice to Proceed for the Selected State Parks; and

Declare Project Exempt from Requirements of Chapter 343, HRS and TITLE 11, Chapter 200.1, Hawai’i Administrative Rules.

[Testimony]

 

J. DIVISION OF BOATING AND OCEAN REREATION

1.    Issuance of a Revocable Permit to Atlantis Submarines Hawaii, LLC located at Lahaina Small Boat Harbor, Lahaina, Maui, Hawaii, Tax Map Key: (2) 4-6 001:002 (por); and

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

2.    Issuance of a Revocable Permit to Big Blue Boat Corporation located at Lahaina Small Boat Harbor, Lahaina, Maui, Hawaii, Tax Map Key: (2) 4-6 001:002 (por); and

Declare Project Exempt from requirements of Chapter 343, Hawaii Revised Statutes and Title 11, Chapter 200.1, Hawaii Administrative Rules. [Testimony]

3.    Issuance of a Revocable Permit to Linnline Marine, Inc. located at Lahaina Small Boat Harbor, Lahaina, Maui, Hawaii, Tax Map Key: (2) 4-6 001:002 (por).; and

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

4.    Issuance of a Revocable Permit to Luakini Marine, Inc. located at Lahaina Small Boat Harbor, Lahaina, Maui, Hawaii, Tax Map Key: (2) 4-6 001:002 (por.).; and

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

5.    Mutual Cancellation of a Revocable Permit 117 (RP 117) to Pacific Biodiesel Logistics, LLC, and Waiver of Phase I Environmental Site Assessment Required under RP 117; Issuance of a New Revocable Permit to Pacific Biodiesel Technologies, LLC, Maalaea Small Boat Harbor Maalaea, Waikapu, Wailuku, Maui Tax Map Key: (2) 3-6-001:002 (por).

6.    Request Approval to Initiate Rulemaking Proceedings, including a Public Hearing, to amend Hawaii Administrative Rules (HAR) Section 13-256-152, Kahaluu Bay ocean waters, regarding commercial surfing instruction, including a map exhibit and technical amendments.

The proposed rule amendment can be reviewed in person at the 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.

The proposed rules can be reviewed online at: https://ltgov.hawaii.gov/the-office/administrative-rules/proposed-changes and 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.

 

M. OTHERS

1.    Issuance of a Revocable Permit for the Purpose of Installing a New Irrigation System, and to Provide Landscaping and Maintenance of Airport Premises, Airport Hospitality, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 001.

2.    Issuance of a Directly Negotiated Hangar Facilities Lease, Kamaka Air LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-072: 022.

3.    Issuance of a Revocable Permit for a Construction Staging Area for Equipment, Materials and Supplies, Nan, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 001.

4.    Issuance of a Revocable Permit for Aircraft Parking, Pacific Flight Academy LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 023.

5.    Issuance of a Revocable Permit for Office, Storage and Parking Spaces to be Used to Provide Aviation Contract Services to Various Airlines, U.S. Aviation Services Corp., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 050.

6.    Issuance of a Revocable Permit for a T-Hangar for Storage and Maintenance of Aircraft, Michael Kelly, Kalaeloa Airport, Tax Map Key: (1) 9-1-013: Portion of 032.

7.    Issuance of Revocable Permit for Aircraft Parking, Boundless Aviation LLC, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

8.    Issuance of a Revocable Permit for Commercial Use of a T-Hangar for Storage of Aircraft and a Maintenance Hangar, Hawaii Pacific Aviation Inc., Ellison Onizuka Kona International Airport, Tax Map Key: (3) 7-3-043: Portion of 003.

9.    Issuance of a Revocable Permit for Space in the Cargo Building and Ramp Space for GSE Parking, Pacific Air Cargo, LLC, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

10. Issuance of a Revocable Permit for a T-Hangar for Storage and Maintenance of a Private Aircraft, Frederick Perko and Sandra Mayville, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

11. Issuance of a Revocable Permit for Aircraft Parking, Frederick Perko and Sandra Mayville, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

12. Amendment No. 1 to Revocable Permit No. 9101, Increase in Area of Original Premises, Aris, Inc., Lihue Airport, Tax Map Key: (4) 3-5-001: Portion of 008.

13. Issuance of a Revocable Permit for Commercial Use of a T-Hangar for Storage of Aircraft and a Maintenance Hangar, Bruce A. Coulombe dba Wings Over Kauai LLC, Lihue Airport, Tax Map Key: (4) 3-5-001: Portion of 008.

14. Issuance of a Revocable Permit for Aircraft Parking, Air Ventures of Hawaii, LLC, Lihue Airport, Tax Map Key: (4) 3-5-002: Portion of 008.

15. Issuance of a Revocable Permit for Ramp Space to Store Aircraft Parts, Consumables and Equipment, HKA Pacific LLC, Ellison Onizuka Kona International Airport at Keahole. Tax Map Key: (3) 7-3-043: Portion of 003.

16. Issuance of a Lease by Direct Negotiation to FISHCO WHOLESALE, LLC, for the purpose of Operating a Commercial Fishing Supplies Business to Sell and Service Supplies, Gear and Equipment for Maritime-Related Companies and Commercial Fishing Vessels, situated at Pier 31, Honolulu Harbor, Island of Oahu, Tax Map Keys: (1) 1-5-035: Portion of 012 and (1)  1-5-035 Portion of 034. Governor’s Executive Order No. 4167.

17. Issuance of a Month-to Month Revocable Permit to the WEBE CORPORATION, LTD., for Fast and Submerged Lands to Moor the Ali‘i Kai, situated at Pier 5, Honolulu Harbor, Island of Oahu, Tax Map Keys: (1) 2-1-001: Portion of 060 and (1) 2-1-001: Portion of 057. Governor’s Executive Order No. 3542.

18. Request Approval for Public Auction, 65-Year Lease for Use of the Maritime Center and Surrounding Area, situated at Pier 7, Honolulu Harbor, Island of Oahu, Tax Map Keys: (1) 2- 1-001: Portion of 058 and (1) 2-1-001: Portion of 057. Governor’s Executive Order No. 3542.