Department of Land and Natural Resources

Land Board Submittals – 02/24/23

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

DATE: February 24, 2023

TIME: 9:15 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. Members of the public are encouraged 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 please text (808) 296-1197 and identify the Item you wish to provide testimony on prior to calling in (this will allow identification when you are placed in the ZOOM waiting room :

February 24, 2023

Dial: +1 (669) 900-6833
At the prompts, enter:
Meeting ID: 897 6750 8240 Passcode: 030229
Note: To unmute, press *6.

We ask that members of the public testifying on agenda items limit your testimony to three minutes so that we can get to everyone.

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.

If you need auxiliary aids or services or other accommodation due to a disability, contact staff at least 72 hours prior to the meeting at 808.587.0404 or email [email protected] so that arrangements can be made. If a response is received after the 72-hour time, we will try to obtain the auxiliary aid/service or accommodation but cannot guarantee that the request will be fulfilled.- Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.

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 D-6, withdrawn (02/23/23)

A. MINUTES

1. Approval of Summary Minutes for the Board and Natural Resources meeting held on October 27, 2022.
2. Approval of Summary Minutes for the Board and Natural Resources meeting held on October 28, 2022.

C. DIVISION OF FORESTRY AND WILDLIFE

1. Request to Restrict Access to portions of the ‘Ahihi-Kina‘u Natural Area Reserve, Maui, for a period of up to two years (January 28, 2023 – January 27, 2025), for protection of natural and cultural resources and human safety, pursuant to Hawaii Administrative Rules § 13-209-4.5, Tax Map Keys: 2-1-4:073 (portion) and 2-1-004:113.

D. LAND DIVISION

1. Amend General Lease No. S-5522 to The Storybook Theatre of Hawaii for Youth Cultural and Educational Purposes, Waimea, Kauai, Tax Map Key: (4) 1-9-005:041.

The purpose of the amendment is to change the rent reopening provision of the lease to provide for determination of rent based on the Board’s then prevailing policy on leasing to eleemosynary organizations.

2. Consent to Term Easement on Lands under Governor’s Executive Order No. 4497 to County of Hawaii, for Mass Transit Agency Base Yard and Maintenance Facilities Purposes, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-1-013:171.

3. Mutual Cancellation of Revocable Permit No. S-7931 to Bank of Hawaii for Business Purposes, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-2-049:022.

4. Sale of Lease at Public Auction for Business and/or Commercial Purposes, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-2-049:022.

5. Request for Concurrence with Temporary Occupation Exception, Ala Wai Bridge Project, Federal-Aid Project No. TAP-0300 (159), Honolulu, Oahu; Tax Map Key: (1) 2-3-037.

6. Issuance of Right-of-Entry Permit to Hawaii Explosives & Pyrotechnics, Inc. for Private Event Aerial Fireworks Display at Duke Kahanamoku Lagoon on March 28, 2023, Waikiki, Honolulu, Oahu, Tax Map Key: (1) 2-3-037: portion of 021. [Withdrawn 02/23/23]

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Continuation of Revocable Permit Parking Concession to Secure Parking Hawaii LLC, for Management of Vehicular Parking in the Designated Areas Located Within the Maalaea Small Boat Harbor, Wailuku, Maui, Hawaii, Identified by Tax Map Keys:(2) 3-6-001:002 (por.) and (2) 3-8-014:028; and

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

2. Reissuance of Revocable Permit No. 25 to Outfitters Kauai, Ltd. For the Purpose of Clarifying Ownership of Permittees Improvements Upon Termination, Nawiliwili Small Boat Harbor, Lihue, Island of Kauai Tax Map Keys: (4) 3-2-003:043 (Portion); and

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

3. Sale of Lease at Public Auction for Commercial Use, Tours, Equipment Rental, Parking, Staging, Storage of Water Sports Equipment or Vessels, Ancillary Office Use, Access to the Hule’ia Stream, and Approved Activities on Adjacent Waters; and Other Marine, Maritime, Harbor Related Light Industrial, Commercial Storage and Uses Allowed by Kauai County at Nawiliwili Small Boat Harbor, Lihue, Island of Kauai Tax Map Keys: (4) 3-2-003:043 (Portion); and

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

4. Sale of Lease at Public Auction for Commercial Use, Tours, Equipment Rental, Parking, Staging, Storage of Water Sports Equipment, Approved Vessels, Access to Hule’ia Stream, Approved Ancillary Structure and Approved Activities on Adjacent Waters; and Other Marine, Maritime, Harbor Related Light Industrial, Commercial Storage and Uses Allowed by Kauai County, Nawiliwili Small Boat Harbor, Lihue, Island of Kauai Tax Map Keys: (4) 3-2-003:043 (Portion); and

Declare Project Exempt from requirements of Chapter 343, an HRS Title 11, Chapter 200.1, Hawaii Administrative Rules.

5. Mutual Cancellation of a Revocable Permit No. BM-12051 (RP BM-12051) to Maalaea Charters, Inc. and Waiver of Requirement to Conduct a Phase I Environmental Site Assessment, Maalaea Small Boat Harbor, Maalaea, Waikapu, Wailuku, Maui Tax Map Key: (2) 3-6-001:002 (por).

K. OFFICE OF CONSERVATION AND COASTAL LANDS

NON-ACTION ITEM