Land Board Submittals – 9/23/22
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES
DATE: September 23, 2022
TIME: 9:15 A.M.
LOCATION: In person at 1151 Punchbowl St. Room 132
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:
The meeting will be livestreamed at:
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: 816 0864 9360 # Passcode: 815150#
Note: To unmute, press *6.
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.
- Item C-1 – Withdrawn (9/22/22)
- Approval of the Summary Minutes for the meeting held on June 24, 2022.
C. DIVISION OF FORESTRY AND WILDLIFE
Request for Approval to Temporarily Amend Rules Regulating Game Mammal Hunting, Chapter 13-123, Hawai’i Administrative Rules, by amending the Administrative Rules Regulating Feral Pig hunting in Unit I at Nānāwale Forest Reserve and Malama Kī Forest Reserve and Unit D at Keauohana Forest Reserve, in the Puna District on Hawai’i Island, to Change the Hunting Days from weekends and State Holidays to seven days a week and increase the bag limit from two to four pigs per Hunter per day.
- Approve the use of a Request for Interest for Federal grants with the U.S. Department of Agriculture, Forest Service Community Wildfire Defense Grant Program; andDelegate to the Chairperson the Authority to Negotiate, Award, Execute and Extend Agreements with Successful Providers, and to Issue Future RFI’s and Awards on an annual basis for the Community Wildfire Defense Grant Program.
D. LAND DIVISION
- Amend Prior Board Action of January 14. 2022, Item D-12, Grant of Term, Non-Exclusive Easement to Duke’s Canoe Club, LLC dba Duke’s Kauai for Access, Landscaping, Maintenance, Signage and Beautification Purposes, Nawiliwili, Lihue, Kauai, Tax Map Key: (4) 3-2-004: portions of 047.Issuance of Right-of-Entry Permit to Duke’s Canoe Club, LLC dba Duke’s Kauai for Temporary Access, Landscaping, Maintenance, Signage and Beautification Purposes, Nawiliwili, Lihue, Kauai, Tax Map Key: (4) 3-2-004: portions of 047.The purposes of the amendment are to: (i) correct the character of use of the easement to “Access, Landscaping, Maintenance, Signage and Beautification Purposes; to Provide Signage; and to Provide a Theme-Entry to Tax Map Key; (4) 3-5-002:002”; (ii) correct the termination date of the right-of-entry permit approved by the Board to May 8, 2023, subject to an extension of up to an additional year at the Chairperson’s discretion for good cause shown; (iii) delete Recommendation 2 of the January 14, 2022 action authorizing the subject requests to apply in the event of a change of the ownership of the abutting parcel described as Tax Map Key: (4) 3-2-004: portions of 047; and (iv) include Exhibit C, which is an inspection report of the easement area that was inadvertently omitted from the prior Board action, in this amended action.
- Amend Prior Board Action of February 11, 2022, Item D-2, Approved as Amended, Consent to Sublease General Lease No. S-3624, 69 Railroad, LLC, Lessee, to Self Storage Hilo LLC, Covan World-Wide Moving, Incorporated, C.A.R.S.S. LLC, Provision Solar, Inc., Tracey Gapol, Charles Wagner & Erin Wagner, Hawaii Behavioral Health, LLC, Whitney & Arnessa Iranon, Mr. & Mrs. Charles and Erin Wagner, McCully Works, Inc., and Lamar Pacheco, Sublessees, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-1-012:026.Authorize the Chairperson to Approve and Execute a Development Agreement for a 30-Year Extension of Lease Term and to Execute the Lease Extension Document, General Lease No. S-3624, 69 Railroad, LLC, Lessee; Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2 -1-012: 026.Approve Mediated Settlement of Rent Reopening Dispute Pursuant to Mediation Agreement for the Periods of 2026-2046, General Lease No. S-3624, 69 Railroad, LLC, Lessee; Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2 -1-012: 026.The purposes of the amendments are to: (a) provide for the updating of certain lease extension terms and the development agreement for the 30-year extended lease term, and (b) extend the time for completion of improvements required under development agreement and lease extension from approximately 10 ½ months after the Board approval of February 11, 2022, to 18 months after the execution of the development agreement. [Testimony]
- Amend Governor’s Executive Order No. 4553 to Include the Operation of a Well Site and Irrigation Water Distribution System, Opihipau, North Kohala, Hawaii, Tax Map Key: (3) 5-5-006: portion of 002.The Amendment will Allow the Department of Agriculture to Operate and Maintain a Well, Pump Station and Holding Tank Site for the Distribution of Irrigation Water to Local Ranch and Farm Operations. [Testimony]
- Annual Renewal of Revocable Permits on the Islands of the County of Maui. See Exhibit 2 for the list of Revocable Permits.
- Sale of Remnant to Hocking Building LP, Honolulu, Oahu, Tax Map Key: (1) 1-7-003: portion of 082.
J. DIVISION OF BOATING AND OCEAN RECREATION
- Issuance of a Revocable Permit to Destination Kona Coast located at Kailua-Kona Pier, North Kona, Island of Hawaii, Hawaii, Tax Map Key: (3) 7-5-006:039 (Portion); andDeclare Project Exempt from requirements of Chapter 343, Hawaii Revised Statutes and Title 11, Chapter 200.1, Hawaii Administrative Rules. [Testimony]
- Reissuance of Revocable Permit No. 121 to Kaneohe Yacht Club to for the Purpose of Clarifying Recreational Boat Pier Ownership Upon Termination, Kaneohe Bay, Kaneohe, Koolaupoko, Oahu, Seaward of Tax Map Key: (1) 4-4-022:032; andRequest Authorization to Enter into a Memorandum of Agreement with Kaneohe Yacht Club for an Access Easement Through Tax Map Key: (1) 4-4-022:032; andDeclare the Project Exempt from Requirements of Chapter 343, Hawaii Revised Statutes and Title 11, Chapter 200.1, Hawaii Administrative Rules.
- Amend Prior Board Action of January 8, 2021, Item J-2, Sale of Lease at Public Auction of Submerged Lands for Recreational Boat Pier Purposes Subject to Concurrent Resolution from the Hawaii State Legislature, Kaneohe Bay, Kaneohe, Koolaupoko, Oahu, Tax Map Key: (1) 4-4-022:032-A (Seaward of Parcel).The purpose of the amendment is to replace “access to the submerged lands is either from the ocean or from Tax Map Key: (1) 4-4-022:032” to “access to the submerged lands from the ocean only”.
K. OFFICE OF CONSERVATION AND COASTAL LANDS
- Conservation District Use Application (CDUA) HA-3894 for a Single-Family Residence and Accessory Structure Kuleana Application by Walter Kaleo O Kalani Nakoa located at Keauhou-Kainaliu Beach Road/Old Government Beach Road (Alanui Aupuni) Por. Honalo, Kawanui, North Kona, Hawaii Tax Map Key: (3) 7-9-005:012.
- Conservation District Use Application (CDUA) OA-3893 for a Single-Family Residence, Landscaping, and Related Improvements by ‘Ōhulehule Forest Conservancy’s Executive Director Paul Zweng located at 48-479 Waiāhole Valley North Branch Road, Waikāne, Ko‘olaupoko, O‘ahu Lot 1 Consisting of two (2) Tax Map Keys: (1) 4-8-006:001 and (1) 4-8-014:005
- Dam Safety Enforcement Action on Mauka Dam (KA-0119) for Failure to Comply with Notice of Deficiency Issued September 14, 2021, and to make a finding of violations sufficient to support a specified fine on the owners. Koloa, Kauai, Tax Map Keys (4) 2-7-002:001.
- Issuance of a Revocable Permit for Two Tour Service Counters, Hankook Hawaii, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 195.
- Issuance of a Revocable Permit for Office and Employee Breakroom Spaces to Provide Aviation Contract Services to Various Airlines, Unifi Aviation, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 058.
- Issuance of a Revocable Permit for Aircraft Parking, Aaron Fulbright, Kawaihapai Airfield, Tax Map Key: (1) 6-008-014: 001.
- Issuance of a Revocable Permit for Aircraft Parking, Phillip Wilson, Kalaeloa Airport, Tax Map Key: (1) 9-1-013: Portion of 032.
- Issuance of a Revocable Permit for Commercial Use of a T-Hangar for Storage of Aircraft and a Maintenance Hangar and an End Room for an Office, Helicopter Consultants of Maui, LLC, dba Blue Hawaiian Helicopters, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.
- Issuance of a Revocable Permit for Ramp Space for a Vehicle Maintenance Area, Bradley Pacific Aviation, LLC, Lihue Airport, Tax Map Key: (4) 3-5-001: Portion of 158 .
- Issuance of a Revocable Permit for Office and Ticket Counter Space in the Commuter Terminal to Support Fixed-Base Operations, Bradley Pacific Aviation, LLC, Lihue Airport, Tax Map Key: (4) 3-5-001: Portion of 147.
- Issuance of a Revocable Permit for Commercial Use of a T-Hangar for Storage of an Aircraft and a Maintenance Hangar, Aris, Inc., Kahului Airport, Tax Map Key: (2) 3-8-001: Portion of 212.
- Issuance of a Revocable Permit for Ramp Space to Stage Fueling Vehicles for Aircraft Fueling Operations, FSM Group, LLC, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.
- Issuance of a Revocable Permit for Staging and Storage of Construction Material and Equipment to Access the Rail Project’s Guideway to Conduct Electrical Work on the Elevated Tracks, Mass. Electric Construction Co., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-004: Portion of 007 and 087.
- Request to Amend Prior Board Action of August 12, 2022, Agenda Item M-18, based upon revision of previously approved request for Approval of Public Auction 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 057 and (1) 2-1-001: Portion of 058. Executive Order No. 3542.
- Request for Authorization to Convey Lands Managed by the Department of Transportation to the Federal Highways Administration for the Purpose of Release to the Department of Accounting and General Services for the Construction of a new Oahu Community Correctional Center, Route H-1 Interstate Highway Federal Aid Project No. I-H1-1(41) Halawa Interchange at Halawa, Ewa, Oahu, Hawaii Tax Map Key No: (1) 9-9-010: Interstate Highway (Portion).
- Authorizing the Department of Transportation (DOT) to Accept via Dedication of Lots 15606, 15607, 13046, 13090-A-2 and 1344-B-2, Route H-1 Makakilo Interchange, Federal Aid Project No. I-H1-1(198), Makakilo Drive Widening at Honouliuli, Ewa, Oahu, Hawaii.