Land Board Submittals – 06/23/23
AGENDA
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES
DATE: June 23, 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 :
| June 23, 2023 |
| Dial: +1 669 444-9171 At the prompts, enter: Meeting ID: 819 2042 1992 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.
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-4 (Withdrawn, 6/19/23)
- Item D-5 (Withdrawn, 6/19/23)
C. DIVISION OF FORESTRY AND WILDLIFE
(A) LLCP 2013-02, DLNR Division of State Parks, Ulupō Heiau Buffer, District of Koʻolaupoko, Island of Oʻahu, Tax Map Key Number: (1) 4-2-103:038.
(B) LLCP 2017-03, Hawaiian Islands Land Trust, Kepler Keʻanae Loʻi Conservation Easement, District of Koʻolaupoko, Island of Maui, Tax Map Key: (2) 1-1-003:041.
(C) (Information Only) LLCP 2015-01, The Waipa Foundation, Kaluanono at Waipā, District of Haleleʻa, Island of Kauaʻi, Tax Map Key: (4) 5-6-004:010.
D. LAND DIVISION
1. 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) 2-1-001:012 and 2-1-005:013, 016, 017, 027, 032, and 046. [Testimony]
2. Deny Consent to Transfer Management Control of General Lease No. S-5844 from WHR LLC, Lessee, to Benjamin Rafter, Transferee, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-1-001:012 and 2-1-005:013, 016, 017, 027, 032, 046. [Testimony]
4. Pursuant to Act 90, Session Laws of Hawaii 2003 (Act 90), as mutually agreed upon between Department of Land and Natural Resources (DLNR) and Department of Agriculture (DOA), Approve the Set Aside to the DOA for Pasture Purposes (with Alternate Agriculture Use Allowed on 10% of the Land), General Lease No. S-4475, K. K. Ranch, Inc., Lessee, Covering Parcels 7-A and 7-B, Government Land of Kalopa and Kaʻohe 3, Hamakua, Hawaii, Tax Map Keys: (3) 4-4-014:002 & 011. [Withdrawn, 6/19/23] [Testimony]
5. Pursuant to Act 90, Session Laws of Hawaii 2003 (Act 90), as mutually agreed upon between Department of Land and Natural Resources (DLNR) and Department of Agriculture (DOA),
1. Approve the Withdrawal of 7,000 Acres, more or less, from General Lease No. S-5374, Kapapala Ranch, Lessee; Grant of Term, Non-Exclusive Easement to Department of Agriculture for Water Pipeline Purposes over Area so Withdrawn; Authorize Department of Land and Natural Resources, Division of Forestry and Wildlife, to Conduct a Public Hearing to Set Aside the Withdrawn Area as an Extension of the Kapapala Forest Reserve, Kapapala, Kau, Hawaii, Tax Map Key: (3) 9-8-001:010 (pors.);
2. Set Aside of Remainder of Lands under General Lease No. S-5374, Kapapala Ranch, Lessee (Approximately 15,684.168 Acres, more or less), to Department of Agriculture for Agricultural Purposes Including Pasture, existing Single Family Residential and Employee Residential Use, and Eco-tourism Purposes, Kapapala, Kau, Hawaii, Tax Map Keys: (3) 9-8-001:009 and 010 (pors.);
3. Set Aside Lands under Revocable Permit Nos. S-7637 and S-7758, Kapapala Ranch, Permittee, to Department of Agriculture for Pasture Purposes; Ahulili and Kapapala, Kau, Hawaii, Tax Map Keys: (3) 9-6-011:002, 9-8-001:003, 006, 011, 012, and 013.
E. DIVISION OF STATE PARKS
1. Request Approval to Continue Revocable Permit SP0002 Issued to Hui Maka’āinana o Makana, for Management of a Reservation System for the Collection of Parking and Entry Fees, Shuttle Services and Resource Enhancement at Hāʻena State Park, Kauaʻi, Hawaiʻi, Tax Map Keys: (4) 5-9-001:022 portion and (4) 5-9-008:001 portion. [Testimony]
F. DIVISION OF AQUATIC RESOURCES
The proposed rule amendments can be reviewed in person, by appointment only, at the Division of Aquatic Resources (DAR) office on Oahu at 1151 Punchbowl St. Room 330, Honolulu, Hawai‘i 96813 from 8:00 am to 3:30 pm, Monday through Friday, except Holidays. To schedule an appointment to review the proposed rules in person, email [email protected].
The proposed rules, including a statement on the topic of the proposed rules, can be reviewed online at: https://ltgov.hawaii.gov/the-office/administrative-rules/proposed-changes/.
The proposed rules can also be viewed online at: http://dlnr.hawaii.gov/dar/rules-and-public-notices/.
[Testimony][Testimony]
J. DIVISION OF BOATING AND OCEAN RECREATION
3. Renewal of Revocable Permits on the Islands of Oahu, Maui, Hawaii and Kauai, See Exhibit E for List of Revocable Permits; and Declare Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules.
[Testimony]
K. OFFICE OF CONSERVATION AND COASTAL LANDS
(Non-Action Item)
1. Informational briefing on the State of Coastal Lands in Waikīkī consisting of 1) A point-in-time “virtual site visit” of Waikīkī conducted by the Office of Conservation and Coastal Lands; 2) A presentation by the Waikīkī Beach Special Improvement District (WBSIDA) on the history of public-private partnerships in Waikīkī; and 3) A presentation by Sea Engineering, Inc. on the Programmatic Environmental Impact Statement for the Waikīkī Beach Improvement and Maintenance Program. Background materials are available online at dlnr.hawaii.gov/occl/waikiki
[Testimony] [Testimony]
M. OTHERS