Department of Land and Natural Resources

Land Board Submittals – 04/14/23

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

DATE: April 14, 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 :

April 14, 2023

Dial: +1 (669) 900-6833
At the prompts, enter:
Meeting ID: 843 0292 6373
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.

NOTE: Agenda Items may be taken out of order as a move-up item.

Update …

Item D-2 Withdrawn – [04/12/23]

A. MINUTES

1. Approval of the January 27, 2023, Summary Meeting Minutes.

C. DIVISION OF FORESTRY AND WILDLIFE

1. Acceptance of Hearing Master’s Report and Approval and Recommendation to the Governor for Issuance of an Executive Order to set aside existing unencumbered State Lands at ‘Ilio point, Molokai, Tax Map Key: (2) 5-1-002:006 to the Department of Land and Natural Resources, Division of Forestry and Wildlife: and

Issuance of an Immediate Management Right of Entry to Division of Forestry and Wildlife; and

Request to close ‘Ilio point to the public Pursuant to HAR § 13-209-4.5 for Public Safety purposes, Effective upon Designation of the Public Lands as a Natural Area Reserve for a two-year term.

2. Authorization of funding for Maui Land & Pineapple Company, Inc. for $2,080,000 during FY24-30 for Puu Kukui Watershed Preserve continued enrollment in the Natural Area Partnership Program and Acceptance and Approval of the Puu Kukui Watershed Preserve Long Range Management Plan, Tax Map Keys: (2) 4-1:001:017, (2) 4-2:001:001 (por), (2) 4-1:004:012 (por), (2) 4-1:005:010, (2) 4-1:005:013, (2) 4-1:005:016, (2) 4-1:005:017, (2) 4-3:001:001 (por), and (2) 4-3:001:017 (por), Maui.

D. LAND DIVISION

1. Report to the Board of Land and Natural Resources the status of Revocable Permit Nos. 7407, 7444 and 7613 to Coco Palms Ventures LLC Wailua, Kawaihau, Kauai, Tax Map Keys: (4) 4-1-003:044 por., (4) 4-1-003:017 and (4) 4-1-005:017. [Testimony]

2. Deny Lessee’s Request for Consent to Mortgage and Security Agreement, General Lease No. S-5844, WHR LLC, Lessee; Waiakea, South Hilo, Hawaii, Tax Map Keys: (3) 2-1-01:012 and 2-1-05:013, 016, 017, 027, 032, and 046. [Withdrawn 4/12/23]

3. Authorize Chairperson to Negotiate, Approve and Execute a Memorandum of Agreement Between the Department of Land and Natural Resources and the State of Hawaii Department of Agriculture Regarding the Funding of Due Diligence for the Proposed Acquisition of the Wahiawa Irrigation System, Wahiawa Dam, Spillway and Appurtenant Works, and the Lake Wilson Reservoir. Tax Map Keys: (1) 7-3-001-003, 019; (1) 7-3-006-023; (1) 7-3-007-001; (1) 7-3-008-001; (1) 7-3-010-003; (1) 7-3-011-003, 006, 007; (1) 7-3-012-002, 006; (1) 7-4-001-003; and (1) 7-4-012-001.

Delegate to the Chairperson the Authority to Negotiate, Approve and Execute Additional Agreements and Contracts Regarding the Conducting of Due Diligence for the Proposed Acquisition of the Wahiawa Irrigation System, Wahiawa Dam, Spillway and Appurtenant Works, and the Lake Wilson Reservoir.

4. Issuance of Perpetual, Non-Exclusive Easement for Water Pipeline and Water Meter Purposes and Immediate Construction Right-of-Entry Permit to City and County of Honolulu, Board of Water Supply; Honolulu, Oahu, Tax Map Key: (1) 3-1-042: portions of 027.

5. Grant of Term, Non-Exclusive Easement, Immediate Right-of-Entry and Revocable Permit to David D. Kim for Beach Revetment Purposes, Waialae-Iki, Honolulu, Oahu, Tax Map Key: (1) 3-5-058: seaward of 011. [Supplemental]

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. Conservation District Use Application (CDUA) HA-3906 Regarding the Hōkū Keʻa Observatory Decommissioning Project by the University of Hawaiʻi at Hilo and the Center for Maunakea Stewardship Located at the Mauna Kea Science Reserve, Kaʻohe, Hāmākua, Hawaiʻi Tax Map Keys: (3) 4-4-015:009 (por). [Testimony]

M. OTHERS

1. Issuance of a Revocable Permit for Commercial Use of a T-Hangar for Storage of Aircraft and a Maintenance Hangar to support a Member-Based Aeronautical Flying Club, Belle Pacific Air, L.L.C., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 020.

2. Issuance of a Revocable Permit for Aircraft Parking, Novictor Aviation LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076: Portion of 023.

3. Issuance of a Revocable Permit for Paved, Improved Land to Store Above-Ground Storage Tanks to Provide Fuel to Airport Tenants, Signature Flight Support LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 001.