Land Board Submittals – 07/28/23
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES
DATE: July 28, 2023
TIME: 9:15 A.M.
LOCATION: In person at 1151 Punchbowl St. Room 132
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.
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|July 28, 2023|
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Meeting ID: 847 2596 6588
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We ask that members of the public testifying on agenda items limit your testimony to three minutes so that we can get to everyone.
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.
- Item D-5 is withdrawn (07/25/23)
D. LAND DIVISION
1. Cancellation of Revocable Permit No. S-7683, Michelle K. Walker, Permittee, with Reservation of the State’s Right to Charge the Cost and Expense of a Phase I Environmental Site Assessment to Michelle K. Walker; Set Aside to the County of Kauai (COK) for Affordable Housing Purposes; Issuance of Immediate Management Right-of-Entry to COK, Lot 10-B, Block D, Waimea Town Lots, Waimea, Kauai, Tax Map Key: (4) 1-6-004:015.
4. Issuance of Direct Lease to The Gas Company, LLC for Storage Site and Tank Farm, Operating Yard, Related Activities and Appurtenant Pipelines to Said Tanks, Nawiliwili, Lihue, Kauai Tax Map Key: (4) 3-2-003:030.
Termination of Revocable Permit Nos. S-7407, S-7444 and S-7613 Effective December 31, 2023, to Coco Palms Ventures LLC, Permittee, Wailua, Kawaihau, Kauai, Tax Map Keys: (4) 4-1003:044, (4) 4-1-003:017 and (4) 4-1-005:por. 017 [Testimony] [Withdrawn 7/25/23]
7. Sale of Remnant (abandoned ditch) and Immediate Right-of-Entry Permit for Survey Purposes to Joseph Wallace Morgan, Trustee of the Joseph W. Morgan Revocable Living Trust, and Muriel Ann Morgan, Trustee of the Muriel Morgan Revocable Living Trust, Kapaa, Kawaihau, Kauai, Tax Map Key: (4) 4-6-030: portion of 010.
8. Mutual Cancellation of General Lease No. S-4218 and Issuance of Direct Lease to Waipahu Soto Zen Temple Taiyoji for Landscaping, Parking and Memorial Purposes, Waikele, Ewa, Oahu, Tax Map Key: (1) 9-4-027:124.
9. Amend Prior Board Action of January 10, 1975, Item F-15, Conveyance in Fee to the City and County of Honolulu, Waikele, Ewa, Oahu, Tax Map Key: (1) 9-4- 010:040 (Parcel 1) and (1) 9-4-027:124 (Parcel 4). The purpose of the amendment is to include the current legal references supporting the Board authority to convey the subject lands and to specify that the conveyance shall be effected by quitclaim deed.
E. STATE PARKS
1. Consent to Transfer of General Lease No. S-5285 Jose K. Gaceta, Jr. to Brummel B. Gaceta, Successor Designee, by Succession, Lot A – 11, Ahupua’a ‘O Kahana State Park, Kahana, Ko’olauloa, Oahu, Hawai’i, Tax Map Key: (1) 5-2-002:030.
2. Consent to Transfer of General Lease No. S-5298 Sharon Keaweehu to Charles Keaweehu, Successor Designee, by Succession, Lot A-16, Ahupua’a ‘O Kahana State Park, Kahana, Ko’olauloa, Oahu, Hawai’i, Tax Map Key: (1) 5-2-002:035.
3. Request for Approval to Amend SP0059 Water Sharing Agreement between the Department of Land and Natural Resources and Pioneer Hi-Bred International, Inc. (Pioneer) at Pāʻulaʻula State Historic Site, formerly known as Russian Fort Elizabeth State Historical Park, Tax Map Key: (4) 1-7-005:003.
F. DIVISION OF AQUATIC RESOURCES
1. Enforcement Action against Jim Jones, Noelani Yacht Charters, LLC, Kevin S. Albert, Kimberly L. Albert, and the Albert Revocable Trust for Stony Coral and Live Rock Damage resulting from the Nakoa grounding incident on February 20, 2023, outside of the Honolua-Mokulē‘ia Bay Marine Life Conservation District, island of Maui. [Testimony]
2. Joint Division of Aquatice Resource (DAR) & Division of Boating and Ocean Recreation (DOBOR) Request for Approval to Hold Public Hearings on Proposed Amendment and Compilation of Hawaii Administrative Rules (HAR) Chapter 13-31, “Molokini Shoal Marine Life Conservation District, Maui,” (Molokini MLCD) to Prohibit Any Commercial Activity Involving Swimming, Snorkeling, Diving, Kayaking, or Paddling Without a Valid Molokini MLCD Use Permit, to Prohibit Anchoring Within the Molokini MLCD, to Replace the Current Molokini MLCD Use Permit Fee of $50.00 Every Two Years With a New, Tiered Molokini MLCD Use Permit Fee Schedule Consisting of Three Tiers of Permit Fees Based on the Passenger Capacity of the Vessel, and to Grant Discretion to the Department to Waive Permit Fees in Certain Circumstances, and HAR Chapter 13-257, “Day-Use Mooring Rules,” to Repeal the Day-Use Mooring Zones for the Island of Hawai‘i, to Set a Maximum Time Limit of Two and One Half Hours for Use of Any Day-Use Mooring, to Prohibit Overnight Use of Day-Use Moorings, to Clarify Where Anchoring is Allowed, to Add Provisions for the Installation of Day-Use Moorings Including Approved Mooring Buoy Design Guidelines, to Clarify that Any Deviations from the Mooring Buoy Design Guidelines Must First be Approved by the Board of Land and Natural Resources (Board), to Provide Specific Findings Required by the Board for Approval of a Mooring Buoy Design that Differs from the Mooring Buoy Design Guidelines Within the Chapter, to Add a Day-Use Mooring Buoy Site Proposal Requirement for the Department Including Specific Required Considerations, to Require the Department to Maintain and Make Available on DOBOR’s website a Listing of Sanctioned Day-Use Mooring Buoys Installed in the Waters of the State Including a Reasonable Effort by the Department to Provide an Accurate Location for Each State-Owned Day-Use Mooring Buoy Via GPS Coordinates, to Prohibit Rafting of Vessels From Any Day-Use Mooring Buoy, to Clarify That Any Vessel Owner or Operator Assumes the Sole Risk of Using Any Day-Use Mooring, to Provide Specific Exemptions to the Day-Use Mooring Rules for Emergency Situations, Law Enforcement, Patrol, or Rescue Craft, Department Vessels and Personnel Performing Official Duties, Vessels and Personnel Performing Authorized Homeland Security Training Operations, and the U.S. Coast Guard, to Update the Map for the Molokini Island Day-Use Mooring Area, to Clarify the Boundaries of the Molokini Island Day-Use Mooring Area, to Remove the Separate Mooring Zones Within the Molokini Island Day-Use Mooring Area, to Update the Fee for Commercial Use of a Day-Use Mooring Within the Molokini Day-Use Mooring Area From $100.00 Per Month or Two Percent of Gross Receipts, Whichever is Higher, to a Flat Fee of $200.00 Per Month With an Exemption for Commercial Operators Presently Paying the Ocean Stewardship User Fee, to Clarify that the Commercial Day-Use Mooring Fees are in Addition to Fees Required under HAR §13-31-5; Chapter 13-230, “General Provisions,” to Add Necessary Definitions; and Chapter 13-234, “Day-Use Mooring Rules,” to Provide Exclusive Use of Recreational Day-Use Moorings Within the Molokini Day-Use Mooring Area to Recreational Vessels, to Require All Recreational Day-Use Moorings to be Indicated with a Surface Float, to Update the Window Where Reactional Vessels are Prohibited from Using Vacant Commercial Day-Use Moorings Within the Molokini Day-Use Mooring Area from 8:30 a.m.-11:30 a.m. to 7:30 a.m.-9:30 a.m., to Prohibit All Anchoring Within the Molokini Day-Use Mooring Area, and to Add Other Non-Substantive Housekeeping Amendments for Clarity and Consistency
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/.
J. DIVISION OF BOATING AND OCEAN RECREATION
1. Reissuance of Revocable Permit 22 (RP 22) to Nā Kālai Wa‘a for Vessel and General Storage, Maintenance of Improvements, Youth Programs, Education Programs, and Affiliated Community Programs, Situated at South Kawaihae Small Boat Harbor, Kawaihae, Island of Hawaii, Hawaii, Tax Map Key: (3) 6-1-003:026 (por.);and
3. Consent to Sublease Under Harbor Lease No. H-70-14, Keehi Marine, Inc. (“Keehi Marine”, Lessee, To: Rick Abille, an Individual, Sublessee, Ke’ehi Small Boat Harbor, Kalihi-Kai, Honolulu, Hawaii, Tax Map Key: (1) 1-2-023:030.
4. Consent to Sublease Under Harbor Lease No. H-70-14, Keehi Marine, Inc. (“Keehi Marine”, Lessee, To: Maybe Ready Monday Services LLC, a Hawaii limited liability company, Sublessee, Ke’ehi Small Boat Harbor, Kalihi-Kai, Honolulu, Hawaii, Tax Map Key: (1) 1-2-023:030.
K. OFFICE OF CONSERVATION AND COASTAL LANDS
1. Third Time Extension Request for Conservation District Use Permit (CDUP) KA-3668 for the Kalāheo Water System Improvements and Subdivision by the County of Kaua`i- Department of Water Supply (DOW) Located at Kalāheo and Wahiawa, Kaua‘i, Tax Map Keys: (4) 2-4-004: 005, 039, 049 & 058; (4) 2-4-009:003 & 008; (4) 2-4-003:006 & 007.
1. Delegation of Authority to the Chairperson to: (1) Procure, Award and Enter into Professional Service Consultant Contracts for Capital Improvement Program Projects Funded by the Legislature as Listed in Exhibit 1 or with Program Operating Funds; (2) Declare a Construction Project Exempt from the Preparation of an Environmental Assessment or Approve an Environmental Assessment and Issue a Finding of No Significant Impact, if Appropriate; and (3) Approve, Procure and Enter into Construction Contracts for Capital Improvement Program Projects Funded by the Legislature as Listed in Exhibit 1 or with Program Operating Funds.[Testimony]
1. Issuance of a Revocable Permit for a Registered Traveler Program Concession, Alclear, LLC dba Clear, Daniel K. Inouye International Airport and Kahului Airport, Tax Map Key: HNL-(1) 1-1-003: 061, and OGG-(2) 3-8-001: Portion of 019.
4. Issuance of a Revocable Permit for a Construction Staging Area and Vehicle Parking, Elite Pacific Construction Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 001.
6. Issuance of a Revocable Permit for an Office and Storage Space in Support of Maintenance of the Mauka Wing Baggage Handling System, John Bean Technologies Corporation, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 050.
8. Issuance of a Revocable Permit for a Construction Staging Area for Containers and Materials for the HNL Ticket Lobby Renovations and BHS Improvements Project, Nan, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 001.
10. Issuance of a Revocable Permit for Office Space in Support of Its Aircraft Maintenance Operations, Pegasus Aviation Services, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 066.
12. Issuance of a Revocable Permit for Ramp Space for Parking of Fuel Trucks, Company Vehicles and Ground Service Equipment, Air Service Hawaii, Inc., Hilo International Airport, Tax Map Key: (3) 2-1-012: Portion of 009.
13. Issuance of Revocable Permit for Cargo, Warehouse, Offices and Container Storage for Retail Goods Distribution and Contract Home Delivery Operations, Island Movers, Inc., Hilo International Airport, Tax Map Key: (3) 2-1-012: Portion of 009.
14. Issuance of a Revocable Permit for Terminal and Ramp Space to Support Its Signatory Airline Carrier Operation, Southwest Airlines Co., Hilo International Airport, Tax Map Key: (3) 2-1-012: Portion of 009.
15. Issuance of a Revocable Permit for Ramp Space for Parking of Ground Service Equipment to Support Its Fixed-Base Operations, Air Service Hawaii, Inc., Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.
16. Issuance of a Revocable Permit for a T-Hangar for the Storage and Maintenance of a Private Aircraft, Gyros Hawaii LLC, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.
17. Issuance of a Revocable Permit for Commercial Use of a Sprung Structure for Aircraft Maintenance and a Storage Container for a General Aviation Aircraft Maintenance Operation, James R. Mann, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.
18. Issuance of a Revocable Permit for Spaces in the Main Terminal to be Used for Office, Storage, Break Room and Lei Pick-Up for Greeting Service Operations, Ohana Lei Greeters LLC, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.
19. Issuance of a Revocable Permit for Ramp Space for Parking of Ground Service Equipment, Signature Flight Support LLC, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.
20. Issuance of a Revocable Permit for Ramp Space for Parking of Mobile Refuelers, Signature Flight Support LLC, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.
21. Amendment No. 1 to Revocable Permit No. 9284 to Add a Preferential Holdroom Located at Gate 5 in the Main Terminal, Hawaiian Airlines, Inc., Lihue Airport, Tax Map Key: (4) 3-5-001: Portion of 135
22. Amendment No. 1 to Revocable Permit No. 9280 to Add a Preferential Holdroom Located at Gate 7 in the Main Terminal, Southwest Airlines Co., Lihue Airport, Tax Map Key: (4) 3-5-001: Portion of 135.
25. Issuance of a Revocable Permit for Three Preferential Hold Rooms Located at Gates 1, 3, and 5 in the Main Terminal, Southwest Airlines Co., Kahului Airport, Tax Map Key: (2) 3-8-001: Portion of 228.
26. Request for Authorization to Issue a Month-to Month Revocable Permit (RP) to Par Hawaii Refining, LLC, for Non-Exclusive Subsurface Pipeline Easements for the Distribution of Petroleum products, situated at Piers 31-34, Honolulu Harbor, Island of Oahu, Tax Map Key: (1) 1-5-036: Portion of 001, Governor’s Executive Order No. 2903.
27. Request for Authorization to Issue a Construction Right-of-Entry and Grant of Easements (Perpetual, Non-Exclusive) to the County of Maui, Department of Water Supply for a Portion of Waterline D, situated at Kahului Harbor Island of Maui, Tax Map Key: (2) 3-7-010: Portion of 003, Governor’s Executive Order No 2635.
28. Request for Authorization to Convey Department of Transportation (DOT) Remnants E-6 Rev.1 (Portion) and 22-A East Molokai Road Secondary Project No. 2-A(1) Kaunakakai-Kamilo, Molokai, Tax Map Key: (2) 5-4-02: Road (Portion) to Gerald Alderson by Quitclaim Deed.
29. Request for Approval to Execute a Memorandum of Agreement to the City and County of Honolulu/Honolulu Police Department (HPD) for an Existing Sub-Station and Emergency Generator constructed on Department of Defense (DOD) property, Retention of an HPD Office Trailer On-Site, and HPD Access to and Partial use of the DOD Hawaii Army National Guard (HIIARNG) Building 300A and Parking at 4087 Diamond Head Road, Honolulu, Oahu, Tax Map Key: (1) 3-1-042:040.