Land Board Submittals – 07/14/23

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

                                         DATE:             July 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 :

July 14, 2023
Dial: +1 669 444-9171
At the prompts, enter:
Meeting ID: 843 1045 9436
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.

A. MINUTES
1. Approval of the Summary Minutes for the meeting held March 24, 2023.

 

C. DIVISION OF FORESTRY AND WILDLIFE
1. Request for approval of a Management Plan for the Kīpahulu State Forest Reserve, Tax Map Keys: (2) 1-7-004:006, (2) 1-6-001:005 portion, (2) 1-6-001:008, and (2) 1-6-001:009, Kaupō, Hana, Maui. [Testimony]

 

D. LAND DIVISION
1. Approval of a Development Agreement for a 40-Year Extension of Lease Term, General Lease No. S-4200, Earl’s, Inc., Lessee; Authorize the Chairperson to Approve and Execute a Lease Extension for General Lease No. S-4200, Earl’s, Inc., Lessee, Kapaa Industrial Park, Kapaa, Kawaihau, Kauai, Tax Map Key: (4) 4-5-015:040.

2. Authorize the Chairperson to Negotiate, Approve and Execute a Memorandum of Agreement Between the Department of Land and Natural Resources and the Hawaii Community Development Authority Regarding the Funding of a Strategic Assessment for the Banyan Drive on the Island of Hawaii. [Testimony]

3. Grant of Term, Non-Exclusive Easement, Immediate Right-of-Entry and Revocable Permit to Pema Hegan and Rosalynn Hegan, as Trustees under that certain Pema and Rosalynn Hegan Revocable Living Trust dated April 12, 2019, for Seawall, Steps, and Landscaping on Filled Land; Pupukea, Koolauloa, Oahu; Tax Map Key: (1) 5-9-001: portion of 038.

 

J. DIVISION OF BOATING AND OCEAN RECREATION
1. Approve Installation and Use of Three (3) New Water Chemistry Monitoring Offshore Mooring Buoys Outside of Established Offshore Mooring Areas at Olowalu, Island of Maui; Maihi Bay (Keauhou), Island of Hawaii; and Hoai Bay, Island of Kauai, for University of Hawaii, Oceanography Department

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

2. Authorize Retroactive Rent Adjustment for Revocable Permit 133 (RP 133) to Pacific Biodiesel Technologies, LLC from July to October 2022, Maalaea Small Boat Harbor, Maalaea, Maui, Hawaii, Tax Map Key: (2) 3-6-001:002 (por).

3. Mutual Cancellation of Revocable Permit 135 (RP 135) to Destination Kona Coast under Item J-1 on September 23, 2022, to provide shade to Permittee’s staff and customers, and Waiver of Phase I Environmental Site Assessment Required under RP 135; Issuance of a New Revocable Permit to Destination Kona Coast, Situated at Kailua-Kona Pier, North Kona, Island of Hawaii, Hawaii, Tax Map Key: (3) 7-5-006:039 (por.); and

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

4. Mutual Cancellation of Parking Concession Contract (LM-19-003) to ProPark, Inc. situated at Lahaina Small Boat Harbor, Lahaina, Island of Maui, Hawaii, Tax Map Key: (2) 4-6-001:002 (por). [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 Association (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]

 

M. OTHERS
1. Issuance of a Revocable Permit for a Contractor Staging Area for Storage of Electrical Materials and Supplies for State Project No. DO1220-53, Convergint Technologies LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 061.

2. Issuance of a Revocable Permit for a Construction Staging and Laydown Area for Storage of Bulk Materials, Debris and Waste Bins, Equipment and Vehicles for State Project No. AO1043-32, Nan, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 021.

3. Issuance of a Revocable Permit for Temporary Use of a T-Hangar for Storage and Maintenance of State-Owned Friction Testing Equipment, Orion Construction Services LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-76: Portion of 21.

4. Issuance of a Revocable Permit for Ramp Space to Install a Fabric Sprung Structure for Equipment Storage, Southwest Airlines Co., Lihue Airport, Tax Map Key: (4) 3-5-001: Portion of 008.

5. Request for Authorization to Issue a Month-to-Month Revocable Permit to Hawaii Stevedores, Inc., for storage of Stevedoring Equipment, Pier 1, Kawaihae Harbor, Island of Hawaii, Tax Map Key: (3) 6-1-003: Portion of 023, Governor’s Executive Order No. 1862.

6. Request for Authorization to Issue a Month-to-Month Revocable Permit to McCabe, Hamilton & Renny Company, Limited for Storage space for First Aid, Gearbox, and Supplies, situated at Kahului Harbor, Island of Maui, Tax Map Key: (2) 3-7-010: Portion of 006, Governor’s Executive Order No. 2986.