Land Board Submittals – 10/27/23
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES
DATE: October 27, 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.
Meeting materials are available for public review in advance of the meeting at:
The meeting will be livestreamed at:
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) 291-1191 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 :
|October 27, 2023|
|Dial: +1 669 444-9171
At the prompts, enter:
Meeting ID: 817 4688 0413
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.
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 (10/26/23)
C. DIVISION OF FORESTRY AND WILDLIFFE
1. Request Delegation of Authority to the Chairperson to Accept Transfer of Funds from the Department of the Interior, Natural Resource Damage Assessment and Restoration Fund to the Division of Forestry and Wildlife, for the Pouhala Marsh Restoration and Enhancement Project, Waipahu, Oahu, Tax Map Keys: (1) 9-3-001:002, (1) 9-3-001:004, (1) 9-3-001:006, (1) 9-3-001:012 (portions); and
Request Delegation of Authority to the Chairperson to Procure, Award, and Enter into Professional Service Consultant and Construction Contracts for the Implementation of the Pouhala Marsh Restoration and Enhancement Project, Phase I and II.
2. 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, Moloka’i, Tax Map Key: (2) 5-1-002:006 to the Department of Land and Natural Resources, Division of Forestry and Wildlife; and
B) Upon Closing, Approve the Issuance of a Management Right-of-Entry Permit to the Division of Forestry and Wildlife at Makolelau, District of Kona, Island of Molokai, Tax Map Key: (2) 5-5-001:015 (Makolelau 5th parcel); and
C) Authorize the Division of Forestry and Wildlife to Conduct a Public Hearing on the Island of Molokai for a Proposed Addition to the Molokai Forest Reserve at Makolelau, District of Kona, Island of Molokai, Tax Map Key: (2) 5-5-001:015 (Makolelau 5th parcel).
4. Authorize the Division of Forestry and Wildlife to Conduct a Public Hearing regarding the Proposed Set Aside of Lands as an Extension of the Manowaiale’e Forest Reserve, Hamakua, Hawaii, Tax Map Key: (3) 4-1-006:002.
5. Request Approval of the Resource Land Acquisition Plan to Guide the Board in Acquiring Land having value as a resource to the State in the Exercise of its Powers under Chapter 173A, Hawai’i Revised Statutes.
6. Authorize the Division to Issue Day Pass Access Permits for Public Game Bird Hunting, on Wednesdays only, in the Kuaokala Game Management Area (Unit 1) Tax Map Keys: (1) 6-9-003:002, (1) 6-8-002:007 and Makua Keaʻau Public Hunting Area (Unit 2) Tax Map Keys: (1) 8-3-001:012; 018; 009 on the Island of Oahu, November 4, 2023, through January 28, 2024; and
Exempt issuance of the day pass permits from the requirement to prepare an environmental assessment, pursuant to Chapter 343, Hawaii Revised Statutes, and Chapter 11-200.1, Hawaii Administrative rules.
D. LAND DIVISION
1. Consent to Assign General Lease No. S-4649, Ficker & Hunt, a Hawaii Partnership, Assignor, to Chester Wayne Hunt, Trustee of the Hunt Family Revocable Living Trust, Assignee, Kekaha, Waimea, Kauai, Hawaii; Tax Map Key: (4) 1-3-008:003.
2. Cancellation of Revocable Permit No. S-7701, Stanley Vasques, Permittee and Waiver of Phase I Environmental Site Assessment Requirement; Issue New Revocable Permit to Cherie Vasques-Sarme, for Pasture Purposes, Kapaa, Kawaihau, Puna, Kauai, Tax Map Key: (4) 4-6-005: 005.
4. Issuance of Right-of-Entry Permit to University of Hawaii for the benefit of the University of Hawaii at Manoa, Department of Intercollegiate Athletics Beach Volleyball Tournament at Kalapaki Beach, Lihue, Kauai, Tax Map Key: (4) 3-5-002: seaward of 002.
Amend Prior Board Action of August 25, 2023, Item D-1, Amend Prior Board Action of July 28, 2023, Item D-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. The purpose of the prior amendment was to issue a one (1) year holdover of General Lease S-4250. The purpose of the current amendment is to include a decommissioning bond for the removal of all trade fixtures and other equipment on the property. [Withdrawn – 10/26/23]
6. Issuance of Revocable Permit to Elmo J. Tafoya III and Natalie M. Kekuewa for Maintenance and Recreational Purposes, Hanapepe, Waimea, Kauai, Tax Map Keys: (4) 1-9-002:003 and por. of 004. [Testimony]
7. Partial Withdrawal from Governor’s Executive Order No. 1509 and Reset Aside to the Division of Forestry and Wildlife for Conservation and Operations Purposes; Issuance of Immediate Management Right-of-Entry Permit, Waimea, Kauai, Tax Map Key: (4) 5-9-001: por. of 016.
9. Issuance of Immediate Management Right-of-Entry Permit and Authorization to Set Aside Lands to County of Maui for the Lahaina Wildfire Final Disposition Project; Olowalu, Maui, Tax Map Key No. (2) 4-8-003:007. [Testimony]
10. Issuance of Immediate Management Right-of-Entry and Revocable Permit to County of Maui for the Lahaina Wildfire Final Disposition Project; Olowalu, Maui, Tax Map Key No. (2) 4-8-003:008 por. [Testimony]
11. Non-Action Item: Informational Briefing on Army Training Land Retention Efforts for the Pōhakuloa Training Area on the Island of Hawaiʻi and for the Kahuku, Kawailoa-Poamoho, and Mākua Training Lands on the Island of Oʻahu. [Testimony]
12. Cancellation of Governor’s Executive Order No. 4262 to Department of Accounting and General Services, and Re-Set Aside to Department of Commerce and Consumer Affairs for State Offices Purpose; Honolulu, Oahu, Tax Map Key: (1) 2-1-025:portion of 004, CPR Nos. 0001 & 0004.
13. Set Aside Portions of State Lands Along Aliomanu Road to the County of Kauai for Erosion Protection and Beach Restoration Purposes and Issuance of Immediate Management Right-of-Entry Permit; Aliomanu Road, Anahola, Kauai, Tax Map Keys: (4) 4-8-018:028 and 029, and seaward of 028 and 029. [Testimony]
E. DIVISION OF STATE PARKS
1. Request the Board of Land and Natural Resources Approve the Final Master Plan for Kealakekua Bay State Historical Park, Kealakekua, South Kona, Island of Hawai’i., Tax Map Keys: (3) 8-1-007:050; 8-1-010:001; 8-1-011:001, 003, 004-010, 012-014, and 016; 8-2-004:001-002, 008-010, and 015. [Testimony]
J. DIVISION OF BOATING AND OCEAN RECREATION
1. Consent to Sublease Under Harbor Lease No. H-83-2, Kona Marine Holdings, LLC, Lessee, to Big Island Activities LLC, Hawaii Domestic Limited Liability Company, Sublessee, Honokohau Small Boat Harbor, Kailua-Kona, North Kona, Hawaii Island, Hawaii, Tax Map Key: (3) 7-4-008:040.
2. Consent to Sublease Under Harbor Lease No. H-83-2, Kona Marine Holdings, LLC, Lessee, to “C” Activities, Inc., a Hawaii Domestic Profit Company, Sublessee, Honokohau Small Boat Harbor, Kailua-Kona, North Kona, Hawaii Island, Hawaii, Tax Map Key: (3) 7-4-008:040.
3. Consent to Sublease Under Harbor Lease No. H-83-2, Kona Marine Holdings, LLC, Lessee, to Cyndy Meyer, an Individual, Sublessee, Honokohau Small Boat Harbor, Kailua-Kona, North Kona, Hawaii Island, Hawaii, Tax Map Key: (3) 7-4-008:040.
4. Consent to Sublease Under Harbor Lease No. H-83-2, Kona Marine Holdings, LLC, Lessee, to Jack’s Diving Locker, a Hawaii General Domestic Partnership, Sublessee, Honokohau Small Boat Harbor, Kailua-Kona, North Kona, Hawaii Island, Hawaii, Tax Map Key: (3) 7-4-008:040.
5. Intentionally Left Blank
6. Issuance of a Revocable Permit to Hone Heke Corporation for Office Space for Maui-Lanai Passenger Ferry Operation Purposes, Situated at Ma‘alaea Small Boat Harbor, Ma‘alaea, Wailuku, Maui, Hawaii, Tax Map Key: (2) 3-6-001:002 (por.); and
K. OFFICE OF CONSERVATION AND COASTAL LANDS
1. Request to Deny Contested Case Hearing Petition from Fred Fong and the Friends of the Doris Duke Swim Basin, represented by Blake McElheny, regarding Conservation District Use Permit (CDUP) OA-3913 for the Diamond Head Breakwater Safety Project at Kaalawai, Honolulu, Oahu, seaward of Tax Map Key: (1) 3-1-041:005. [Testimony]
2. Request for Approval of Emergency Conservation District Use Application (Emerg. CDUA) OA 24-01 Related to the Settlement Agreement for Contested Case CC: OA 21-03 for Office of Conservation and Coastal Lands Enforcement Case ENF: OA 21-03 and the Removal of Concrete Shoreline Protection Structure (Unauthorized Seawall) and Installation of Temporary Shoreline Structure by Seamaids LLC and Members Brandee and Liam McNamara Located Makai of 59-175 C Ke Nui Road, Tax Map Key: (1) 5-9-002:026. [Testimony]
1. Request Authorization for the Chairperson to Set New Schedules and Make a Finding of Violation Sufficient to Support Specified Fines and Issue Fines to the Owner if Deadlines are Missed for the Removal or Rehabilitation of the Ukumehame Reservoirs (MA-0140), Waikapu, Maui. Tax Map Keys (2) 4-8-002:015, (2) 4-8-002:017,(2) 4-8-002:027, (2) 4-8-002:064, (2) 4-8-002:118.
1. Issuance of a Revocable Permit for use of a Non-Exclusive Enclosed Walkway to Access Crew Member Facilities, Hawaiian Airlines, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 228 (Portion).
2. Request for Authorization to Issue Three (3) Month-to-Month Revocable Permits (RP) to Petrospect Inc., for container Storage of Petroleum Product Inspection Equipment, Storage of equipment and Office Space, situated at Pier 21, Honolulu, Harbor, Island of Oahu, Tax Map Key: (1) 1-5-039: Portion of 007 and (1) 1-5-039: Portion of 035, Governor’s Executive Order No. 2903.
3. Request for Authorization to Issue a Month-to-Month Revocable Permit to Matson Terminals, Inc., for Storage of Stationary Crane, situated at Pier 6, Kalaeloa Barbers Point Harbor (KBPH), Island of Oahu, Tax Map Key: (1) 9-1-014: Portion of 024, Governor’s Executive Order No. 3383.
4. Request for Authorization to Issue a Month-to-Month Revocable (RP) to Healy Tibbitts Builders, Inc., for a Storage Yard for Marine Construction Equipment, Materials, Supplies, Trade Fixtures and Other Items Accessory to Marine Construction Business, situated at Pier 9. Kalaeloa Barbers Point Harbor, Island of Oahu, Tax Map Keys: (1) 9-1-014: Portion of 024 and (1) 9-1-014: Portion of 037, Governor’s Executive Order No. 3383.
5. Request for Authorization to Issue an Interim Month-to-Month Revocable Permit (RP) and Issue of a new 35-year Lease by Direct Negotiation to Matson Terminals, Inc., for Operation of Electrical Power Equipment for Refrigerated Cargo Containers, Pier 1, Hilo Harbor, Island of Hawaii, Tax Map Key: (3) 2-1-009: Portion of 007, Governor’s Executive Order No. 3962.
6. Request Authorization to Acquire Land for Temporary Use by the Department of Transportation, for Highway Purposes, Relating to Route 450 Kamehameha V Highway Shoreline Protection at Niaupala Fishpond Project No. HWY-L-CE19-01, PAO 7 at Kalauaaha, Molokai, Maui, Hawaii Tax Map Key: (2) 5-7-011:002.