Department of Land and Natural Resources

Land Board Submittals – 03/24/23

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

DATE: March 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 :

March 24, 2023

Dial: +1 (669) 900-6833
At the prompts, enter:
Meeting ID: 840 8093 2937 Passcode: 0LB2Gu
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.

A. SUMMARY MINUTES

1. Approval of the January 13, 2023, Summary Meeting Minutes.

C. DIVISION OF FORESTRY AND WILDLIFE

1. Request Approval to Negotiate and Sign a Contract(s) between Department of Land and Natural Resources Division of Forestry and Wildlife, for the Management of the Department of Land and Natural Resources Hawai’i Island Trail Stewards Program.

2. Request Approval of Final Environmental Assessment and Authorization for the Chairperson to Issue a Finding of No Significant Impact for the “Suppression of Invasive Mosquito populations to Reduce Transmission of Avian Malaria to Threatened and Endangered Forest Birds on East Maui”. [Testimony]

3. Acceptance of Hearing Master’s Report, Set Aside Lands as Forest Reserves, Natural Area Reserves, and Wildlife Sanctuaries Statewide:

FOREST RESERVES ON:

KAUAI: (4) 4-4-001:002, (4) 5-6-002:001

OAHU: (1) 4-8-013:013, (1) 6-9-001:004, (1) 9-1-017:158, (1) 9-9-010:052 and (1) 9-9-011:002

MAUI: (2) 1-1-001:001, (2) 1-1-001:021, (2) 1-1-001:031, (2) 1-1-001:052, (2) 1-1-002:005, (2) 1-1-002:006, (2) 1-1-008:001, (2) 1-1-008:005, (2) 1-2-001:039, (2) 1-3-003:017, (2) 1-3-006:007, (2) 1-4-011:003, (2) 1-4-011:004, (2) 1-4-012:019, (2)1-5-002:004, (2) 1-5-008:004, (2) 1-5-010:008, (2) 1-5-011:007, (2) 1-5-011:012, (2) 1-5-011:014, (2) 1-5-011:015, (2) 1-5-011:029, (2) 1-6-002:009, (2) 1-7-002:011, (2) 1-7-002:044, (2) 1-7-003:013, (2) 2-4-016:001, (2) 2-9-001:020, (2) 2-9-001:033, (2) 2-9-002:012, (2) 2-9-010:008, (2) 2-9-010:009, (2) 2-9-010:012, (2) 2-9-010:021, (2)2-9-010:022, (2) 2-9-011:008, (2) 2-9-011:013, (2) 2-9-013:004, (2) 2-9-013:012, (2) 2-9-013:014, (2) 2-9-013:016, (2) 2-9-013:017, (2) 2-9-013:018, (2) 2-9-013:020, (2) 3-1-001:001, (2) 3-1-001:021, (2) 3-1-001:029, (2) 3-1-006:003, (2) 3-6-001:014 (por), (2) 4-4-004:002, (2) 4-4-004:006, (2) 4-4-004:009, (2) 4-4-004:011, (2) 4-4-004:019, (2) 4-4-007:006, (2) 4-5-021:004, (2) 4-5-021:023, (2) 4-8-001:001 (por), (2) 4-8-002:002, (2) 4-8-002:008, (2) 4-8-002:039, (2) 4-8-003:008 (por), (2) 4-8-003:040,

HAWAII: (3) 2-4-008:035, (3) 5-1-001:006, (3) 8-7-014:015, (3) 4-4:014:004, (3) 6-2:001:003 (por), and (3) 9-6-007:002

NATURAL AREA RESERVES ON:

MOLOKAI: (2) 6-1-001:002 (por)

MAUI: (2) 1-3-003:026, (2) 1-3-005:002, (2) 1-3-003:001, (2) 1-8-001:005, (2) 2-1-003:050 (por), (2) 2-1-004:075, (2) 2-1-004:110, (2) 2-1-006:010, (2) 2-1-006:077, (2) 2-1-006:078

WILDLIFE SANCTUARIES ON:

MAUI: (2) 3-1-001:014 and (2) 3-1-002:011

D. LAND DIVISION

1. Approve Evaluation Committee’s Recommendation for Selection of Proposal Submitted by Savio SB Growth Venture LLC in Response to Request for Qualifications / Request for Proposals for Lease of Improved Public Lands; Issuance of Right-of-Entry Permit to Savio SB Growth Venture LLC for Purposes of Assessing the Physical Condition of the Property and Preparing Construction Documents; Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-1-005:020.

2. Denial of Petition for Contested Case Hearing filed by 69 Railroad, LLC on September 30, 2022, Regarding the Board Action of September 23, 2022 Agenda Item D-2, Approved as Amended: 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.

Pursuant to Section 92-5(a) (4), Hawaii Revised Statutes (HRS), the Board may go into Executive Session in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities and liabilities.

3. Issuance of Right-of-Entry Permit to Hawaii Explosives & Pyrotechnics, Inc. for Private Event Aerial Fireworks Display at Duke Kahanamoku Lagoon on April 18, 2023, Waikiki, Honolulu, Oahu, Tax Map Key: (1) 2-3-037: portion of 021.

4. Issuance of Direct Lease to Maunalua Fishpond Heritage Center for Conservation, Biological and Cultural Revitalization, Education and Scientific Research Purposes, Honolulu, Oahu, Tax Map Key: (1) 3-7-002:018 and 077. [Testimony]

5. Issuance of Direct Lease to Hui o Hau`ula for Community Services and Activities Purposes; Koolauloa, Oahu, Tax Map Key: (1) 5-4-014:003. [Testimony]

6. Report on Board of Land and Natural Resources’ Questions to the Department of Agriculture and Hawaii Land & Livestock LLC Relating to the Cancellation of Governor’s Executive Order No. 4584 to the Department of Agriculture for Agriculture Purposes, Honouliuli, Ewa, Oahu, Tax Map Key: (1) 9-1-031:001. [Testimony]

7. Grant of Perpetual Non-Exclusive Easement to the City and County of Honolulu on behalf of the Honolulu Authority for Rapid Transportation (HART) for Elevated Guideway Purposes; After-the-Fact Approval of Annual Renewal of Right-of-Entry to HART for Each Year Since the Board Approval of the Initial Issuance of the Right-of-Entry at Board’s Meeting of February 10, 2012, Item D-6, Waipahu, Ewa, Oahu, Tax Map Key: (1) 9-4-008: Portion of 025.

F. DIVISION OF AQUATIC RESOURCES

1. Request for Approval of Policy for Using the Division of Aquatic Resources Logo on Informational Signs. [Testimony]

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Denial of Contested Case Request HA 23-1 by Laulani Teale regarding the Approval of the Mauna Kea Comprehensive Management Plan 2022 Supplement: Management Actions Update located at the Mauna Kea Science Reserve, Ka‘ohe, Hāmakua, Hawai‘i Tax Map Keys: (3) 4-4-015:009, (3) 4-4-015:0012, and (3) 4-4-015:001. [Testimony]

NON-ACTION ITEM

2. Informational Briefing by the City and County of Honolulu Department of Parks and Recreation regarding the Carrying Capacity Studies for the Hanauma Bay Nature Preserve located at the Hanauma Bay Nature Preserve, O‘ahu Tax Map Keys: (1) 3-9-012:002, (1) 3-9-012:010, (1) 3-9-012:012, (1) 3-9-012:014, (1) 3-9-012:016, and adjacent Submerged Lands.

3. Request to Amend Condition #12 of Conservation District Use Permit (CDUP) OA-2957 regarding Reporting Requirements for the Carrying Capacity Studies by the City and County of Honolulu Department of Parks and Recreation at the Hanauma Bay Nature Preserve located at Hanauma Bay Nature Preserve, O‘ahu Tax Map Keys: (1) 3-9-012:002, (1) 3-9-012:010, (1) 3-9-012:012, (1) 3-9-012:014, (1) 3-9-012:016, and adjacent Submerged Lands. [Testimony]