Land Board Submittals – 8/26/22

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

                                         DATE:             August 26, 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: 882 2068 7957 #  Passcode: 718003#
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 Board meeting held on June 6, 2022, Summary Minutes

 

C.   DIVISION OF FORESTRY AND WILDLIFE
 
1.    Request for delegation of authority to the Chairperson to enter into a Memorandum of Agreement with American Bird Conservancy for Video Production Services related to the Birds Not Mosquitoes partnership. [Testimony]

 

D.    LAND DIVISION

1.    Cancellation of Revocable Permit No. S-7531, Winifred A. Sullivan, Successor Trustee of the Sullivan Family Trust, Permittee; Issuance of a Revocable Permit to Puako View LLC for Landscaping and Storage Purposes, Puako, Lalamilo, South Kohala, Hawaii, Tax Map Key: (3) 6-9-002:006.

2.    Issuance of Right-of-Entry Permit to Hawaii Amateur Surfing Association, for Amateur Surf Event Koki Beach, Hana, Maui, Tax Map Key: (2) 1-4-007: Portion of 009.

3.    Amend Prior Board Action of January 22, 2021, Item D-5, As Amended, Grant of Term, Non-Exclusive Easement to Association of Apartment Owners of Wailea Elua for Beach Access Stairway Purposes; Issuance of Immediate Management Right-of-Entry Permit, Wailea, Maui, Tax Map Key: (2) 2-1-008: Seaward of 069.

The purpose of this amendment is to add legal reference Hawaii Revised Statutes (HRS) Section 171-53.

4.    Grant of Term, Non-Exclusive Easement, Immediate Right-of-Entry and Revocable Permit to James Michael Elhoff, Trustee of the Michael Elhoff Living Trust dated November 30, 2017, for Boat Ramp and Concrete Wall Purposes at Kaneohe, Koolaupoko, Oahu, Tax Map Key: (1) 4-5-047: seaward of 051.

5.    Grant of Term, Non-Exclusive Easement, Immediate Right-of-Entry and Revocable Permit to Steven Ernest MacBride and Valerie Jean MacBride, Trustees under the certain unrecorded Steven and Valerie MacBride Revocable Trust dated October 30, 2018, for Riprap Revetment, Ramp, and Rock Groin Purposes; Hauula, Koolauloa, Oahu, Tax Map Key: (1) 5-3-008: seaward of 012.

6.    Intentionally Left Blank.

7.    Issuance of Revocable Permit to SubCom, LLC, for Undersea Cable Depot Purposes; Sand Island, Honolulu, Oahu, Tax Map Key (1) 1-5-041: portion of 333. [Testimony]

8.     Issuance of Right-of-Entry and Revocable Permit to Cozy at Punaluu LLC for Removal and Rebuilding of Shoreline Structure, Punaluu, Koolauloa, Oahu, Tax Map Key: (1) 5-3-002: seaward of 035.

 

E.    STATE PARKS

1.    Consent to Assign General Lease No. SP0161, Karen Marie Bellavita, Assignor, to, Michelle Rose, Assignee, Lot 51, Kōke’e Campsites, Waimea (Kona), Kaua’i, Hawai’i, Tax Map Key: (4) 1-4-003:017.

2.    Forfeiture of General Lease No. SP0123, Judith Matthews and Ellen Gallimore-White, Lot 29, Pu’u Ka Pele Park Lots, Waimea, Kona, Kaua’i, Hawai’i, Tax Map Key: (4) 1-4-002:010.

3.    Forfeiture of General Lease No. SP0186, Anthony Locricchio, Lot 82, Pu’u Ka Pele Park Lots, Waimea, Kona, Kaua’i, Hawai’i, Tax Map Key: (4) 1-4-002:079.

4.    Request Approval for Sale of Seven (7) Leases (up to 20 years) at Public Auction for Recreational Residence Purposes, Waimea Canyon and Kōkeʻe State Parks, Kona, Kaua’i; and Declare Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules.

 

F.     DIVISION OF AQUATIC RESOURCES

1.    Requests for (1) Approval for the use of a Request for Interest for Grants Administered by The National Fish and Wildlife Foundation, for the “America The Beautiful Challenge” Program; (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.

2.    Request for Authorization and Approval to Issue a Papahānaumokuākea Marine National Monument Conservation and Management Permit Amendment to Ms. Michelle 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.

 

J.  DIVISION OF BOATING AND OCEAN RECREATION

1.     Authorize the Division of Boating and Ocean Recreation to Issue a Request for Proposals for Development of Public Lands at the Ala Wai Small Boat Harbor, Kalia, Honolulu,  Oahu, Hawaii Tax Map Key Plat Nos.: (1) 2-3-037 and (1) 2-6-010.

2.     Briefing of the Board of Land and Natural Resources regarding the Ala Wai Small Boat Harbor Vision Plan

Non-Action Item

 

L.  ENGINEERING

1.    Delegation of Authority to the Chairperson to Enter into a Memorandum of Understanding with The Friends of Iolani Palace for the Iolani Palace State Monument Improvements Project, Honolulu, Oahu, Hawaii, Tax Map Key: (1) 2-1-025:002.

 

M.  OTHERS

1.    Issuance of a Revocable Permit for Two T-Hangars for the Storage and Maintenance of Aircraft in Support of a Commercial Aeronautical Powered Hang-Gliding Instruction Business, Paradise Air Hawaii, Inc., Kawaihapai Airfield, Tax Map Key: (1) 6-08-14-17 (Portion).

2.    Issuance of a Revocable Permit for Commercial Use of a T-Hangar for Storage of an Aircraft and a Maintenance Hangar, Air Ventures Hawaii, LLC, Lihue Airport, Tax Map Key: (4) 3-5-001: Portion of 008.

3.    Issuance of a Revocable Permit for Ramp Space for a Mobile Office Trailer and to Park Ground Service Equipment, Swissport USA, Inc., Lihue airport, Tax Map Key: (4) 3-5-001: Portion of 008.

4.    Issuance of a Revocable Permit for Parking and Storage of Rental Car Vehicles, Avis Budget Car Rental, LLC, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 032.

5.    Issuance of Month-to-Month Revocable Permit to MC&A, Inc., for Storage of Luggage for Disembarking Passengers only when Ship is moored, Portion of Pier 2 Ferry Terminal, Honolulu Harbor, Oahu, Tax Map Key No. (1) 2-1-015:030 (P), Governor’s Executive Order No. 4238.

6.    Authorize Conveyance of subject Property, designated as Parcel 4, formerly a portion of Remnant R-1, East Molokai Road, Federal Secondary Aid Project No. FAS 2-A (1), Molokai, Maui, Hawaii, Tax Map Key (2) 5-4-001:102 (portion). The remainder of Remnant R-1 was sold by the State of Hawaii, in Liber 12219, Page 364.