Department of Land and Natural Resources

Land Board Submittals – 12/07/23

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

DATE: December 7, 2023 (anticipated continuation on

December 8, 2023, at 9:00 a.m.)

TIME: 9:15 A.M.

LOCATION: In person at 1151 Punchbowl St. Room 132
(Kalanimoku Building),
Online via ZOOM, Livestream via YouTube

NOTICE OF CONTINUANCE OF MEETING
ORIGINALLY CONVENED ON DECEMBER 7, 2023 AT 9:00 A.M.

The proposed agenda for the BLNR Continuation meeting on Friday is as follows:

1. 1. Land Division
    – D-6 – (continuation of Coco Palms), will only take public comments from those who did not provide comments last week Friday);
    – D-12 – Kahala Resort
  2. Engineering
    – L-1
  3. Division of Aquatic Resources
    – F-1
    – F-2
    – F-4
    – F-5
  4. M-Others
    – M-8 to M-26

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:
12/7/23 – https://www.youtube.com/watch?v=zdsy4uDfT54
12/8/23 – https://www.youtube.com/watch?v=V4xDtBo3ywU

12/15/23 – https://www.youtube.com/watch?v=-am30qSC-7I

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 :

December 7-8, 2023

Dial: +1 669 444-9171
At the prompts, enter:
Meeting ID: 883 8062 9451
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.

UPDATE …

Item K-6 – Deferred [12/04/23]
Item K-7 – Deferred [12/04/23]

A. MINUTES

1. Approval of the June 9, 2023, Board of Land and Natural Resources Summary Meeting Minutes.

C. DIVISION OF FORESTRY AND WILDLIFE

1. Requests for (1) Approval for the use of a Request for Interest for Federal Grants Administered by the National Marine Fisheries Service, National Oceanic, and Atmospheric Administration, and Department of Commerce titled the “Species Recovery Grants to States (Section 6 Program)”; (2) a Delegation of Authority to the Chairperson to Award, Execute, and Extend Agreements with Successful Providers and to Issue Annual Requests for Interest and Awards under this Grant Program. [Testimony]

2. Request Approval of 1) Set-Aside of Unencumbered Lands to the Division of Forestry and Wildlife as the Waimea Base Yard Annex, 2) Issuance of Immediate Management Right-of-Entry to Division of Forestry and Wildlife in Lalamilo, South Kohala, Hawai’i, Tax Map Key: (3) 6-6-001:073

3. Request approval for selection of the Competitive Sealed Proposal process; and

Authorize the Chairperson to award, execute, and extend contracts for the implementation of watershed management plans and projects that support native ecosystem protection and management.

4. Authorization of funding for the Nature Conservancy for $965,197 during FY 25-30 for continued enrollment in the Natural Area Partnership Program and acceptance and approval of the Kaʻū Preserve long range management plan, Tax Map Keys 3-9-7-001:002, 003, 004, 007, Hawaii.

5. Request approval for the Chairperson to award, sign, and execute a contract to a vendor selected by a Competitive Sealed Proposals process to develop a Priority Climate Action Plan (PCAP).

D. LAND DIVISION

1. 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. [Testimony]

2. Issuance of Right-of-Entry Permit to Hawaii Amateur Surfing Association, for an Amateur Two (2) Day Surf Event at Lipoa Point, Honolua, Lahaina, Maui, Tax Map Key: (2) 4-1-001: Portion of 010.

3. Cancellation, by Request, of Revocable Permit (RP) No. S-7529 issued to Solomon Kaauamo, Jr. (now deceased) and Hannah K. Kaauamo; Waive Phase 1 Environmental Site Assessment Requirement in RP S-7529; Wailua Homesteads, Koolau, Hana, Maui, Tax Map Key No. (2) 1-1-004: 013 and 030; 2.99 acres (more or less); and

Issuance of Immediate Right-of Entry Permit and Revocable Permit to Vance Kainoa Kaauamo and Ashley Kalikolehuanani Kaauamo, Husband and Wife, for Agricultural purposes, Wailua Homesteads, Koolau, Hana, Maui, Tax Map Key No. (2) 1-1-004:030; 1.72 acres (more or less).

4. Amend Prior Board Action of May 26, 2023, Item D-3, Consent to Transfer of 100% Stock Ownership of Parent Company of InSite Towers Development, LLC, Lessee, to American Towers, LLC, Transferee, Amended General Lease Nos.:

S-4130, Humuula, North Hilo, Hawaii, Tax Map Key: (3) 3-9-002: pors.;

S-4223, Mount Kaala, Mokuleia, Waialua, Oahu, Tax Map Key: (1) 6-7-003: pors.;

S-4588, Kalawahine and Opu, Honolulu, Oahu, Tax Map Key: (1) 2-5-019: pors.;

and

S-4614, Humuula, North Hilo, Hawaii, Tax Map Key: (3) 3-8-001: por. 001 & 010

Issuance of Management Right-of-Entry Permit Retroactive to January 1, 2023, and Revocable Permit to InSite Towers Development, LLC for Telecommunication Station and Telecommunication Tower Facilities Purposes, Humuula, North Hilo, Hawaii, Tax Map Key: (3) 3-9-002: pors.

The purposes of this amendment are to:

A. Revise the title to clarify that the proposed action is a consent to assignment of the referenced leases by way of a transfer of 100% membership interest (as opposed to 100% stock ownership) in parent company of InSite Towers Development, LLC, Lessee (the parent company being InSite Wireless Group, LLC), to American Towers, LLC, Assignee, and specify Tax Map Key Parcel Numbers for General Lease Nos. S-4130, S-4223, and S-4588; and

B. Authorize a holdover of expired General Lease No. S-4130 (GL 4130) to InSite Towers Development, LLC through December 31, 2023, Humuula, North Hilo, Hawaii, Tax Map Key: (3) 3-9-002: 012; and

C. Authorize the issuance of a revocable permit to InSite Towers Development, LLC for the premises covered by GL 4130 for a one-year period beginning, January 1, 2024, Humuula, North Hilo, Hawaii, Tax Map Key: (3) 3-9-002:012; and

D. Authorize the issuance of a management right-of-entry permit (ROE) to Cellco Partnership, d/b/a Verizon Wireless for maintenance of telecommunication fixture maintenance and continuation of service purposes for the premises covered by GL 4130, Humuula, North Hilo, Hawaii, Tax Map Key: (3) 3-9-002: 012.

5. Cancellation of Governor’s Executive Order No. 4566; Issuance of Direct Lease to Kapa’a Business Association, Inc. for Non-Profit Office, Meeting Hall, and Public Parking Purposes, Kapa’a, Kawaihau, Kauai, Tax Map Key: (4) 4-5-008:008. [Testimony-Dec] [Testimony]

6. Issuance of Term, Non-Exclusive Easements to RP21 Coco Palms LLC, Wailua, Kawaihau, Kauai, Tax Map Keys: (4) 4-1-003:044 and (4) 4-1-005:por. 017;

Issuance of Revocable Permit to RP21 Coco Palms LLC and Sale of Lease at Public

Auction for Parking and Landscaping Purposes, Wailua, Kawaihau, Kauai, Tax Map Key: (4) 4-1-003:017; and

Immediate Right-of-Entry for Management Purposes to RP21 Coco Palms LLC, Wailua, Kawaihau, Kauai, Tax Map Keys: (4) 4-1-003:044, (4) 4-1-003:017 and (4) 4-1-005:por.017. [Testimony-Dec] [Testimony] [Testimony-Late]

7. Continuation of Revocable Permits for Water Use on the Islands of Hawai`i and Kaua`i See EXHIBIT A, attached. [Testimony]

8. Issuance of Revocable Permit to Alexander & Baldwin, Inc. and East Maui Irrigation Company, LLC for the Development, Diversion, and Use of Surface Water for Diversified Agriculture, Currently Existing Historical Industrial and Non-Agricultural Uses, Reservoir, Fire Protection, Hydroelectric, and County of Maui Department of Water Supply and Kula Agricultural Park Purposes on the Island of Maui; Tax Map Keys: (2) 1-1-001:044 and 050, 1-1-002:002 (por.), 1-2-004:005 & 007, 2-9-014:001, 005, 011, 012 & 017. [Testimony-Dec] [Testimony][Testimony-Late]

Pursuant to Section 92-5(a) (4), Hawaii Revised Statutes (HRS), the Board may go into Executive Session in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities and liabilities.

9. Mutual Termination of Easement W-1 Recorded in the Bureau of Conveyances as Document No. 2001-195580, Issuance of Right-of-Entry Permit and Grant of Term, Non-Exclusive Easements to Nowhere, LLC for (i) Relocation of Water Transmission Line and (ii) New Electric Transmission Line Purposes, Kula, Maui, Tax Map Key: (2) 2-3-005:002, por.

10. Issuance of Immediate Right-of-Entry Permit to PTSI Managed Services, Inc. for Staging Area Clean Up and Payment of Back Rent for After the Fact Use of Government Lands Related to Replacement of Antenna Platform, Site Plan Approval, MA-20-63, Papaanui, Haleakala, Maui, Tax Map Key: (2) 2-2-007:005 por.

11. Issuance of Construction Right-of-Entry to the City and County of Honolulu, Honolulu Authority for Rapid Transit, for Utility Purposes; Kalihi, Honolulu, Oahu; Tax Map Key: (1) 1-2-026: portions of 010. [Testimony]

12. Annual Renewal of Revocable Permit No. S-7915; Resort Trust Hawaii, LLC, Permittee; for recreational and maintenance purposes, Waialae, Honolulu, Oahu, Tax Map Key: (1) 3-5-023: portions of 041. [Testimony-Dec] [Testimony-Late]

E. DIVISION OF STATE PARKS

1. Consent to the Assignment of General Lease No. SP0181, Erik Paul Coopersmith, Ruth Belmonte, and Adrien Malina, as Assignors, to Roxanne Kahili Belmonte and Preston Ornellas, as Assignees, Lot 29, Waimea (Kona), Kaua’i, Tax Map Key: (4) 1-4-004:021. [Testimony-Late]

2. Issuance of Revocable Permit to Pro Park, Inc. for Visitor Parking and Entry Management at Diamond Head State Monument, Kapahulu, Waikīkī, Honolulu, O’ahu, Tax Map Key: (1) 3-1-042:006 portion; and

Request for Delegation of Authority to the Chairperson of the Board of Land and Natural Resources to: 1) Solicit an Invitation for Bids for a three (3) year Service Contract through Chapter 103D, HRS via HIePRO with a three (3) year option to renew; 2) Award Bid; 3) Enter into a Service Contract, 4) Issue a Notice to Proceed to Manage Visitors at Diamond Head State Monument; and

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

F. DIVISION OF AQUATIC RESOURCES

1. Request for Final Approval to Adopt a New Chapter Under Hawaii Administrative Rules as Title 13, Chapter 13-78, “Ocean Stewardship User Fee” [Testimony-Dec] [Testimony] [Testimony-Late]

The proposed new chapter will implement §187A-52, Hawaii Revised Statutes, which requires all operators of commercial vessels, watercrafts, or water sports equipment that are required to have a commercial operator permit or commercial use permit pursuant to HAR §13-256-3 to collect a $1 ocean stewardship user fee from each passenger carried or customer served and transfer these fees to DLNR. The proposed rules also establish the due date for the fees to be submitted to DLNR, the reporting and record keeping requirements for commercial operators, and applicable penalties for violations of the chapter.

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, Hawaii 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/.

2. Request for Final Approval to Adopt Proposed Amendments to and Compilation of Hawaii Administrative Rules Chapters 13-31, “Molokini Shoal Marine Life Conservation District, Maui,” 13-230, “General Provisions,” and 13-257, “Day-Use Mooring Rules” [Testimony]

A. Hawaii Administrative Rules (HAR) chapter 13-31, “Molokini Shoal Marine Life Conservation District, Maui,” (Molokini MLCD or 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 update the Molokini MLCD Use Permit fee schedule, and to grant discretion to the Department of Land and Natural Resources (DLNR or Department) to waive permit fees in certain circumstances;

B. HAR chapter 13-230, “General Provisions,” to add necessary definitions;

C. HAR chapter 13-257, “Day-Use Mooring Rules,” Subchapter 1, “General Provisions,” 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 guiding the installation of day-use moorings, to add a day-use mooring buoy site proposal requirement for DLNR, to require DLNR to maintain a public listing of sanctioned day-use mooring buoys, 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, and to provide specific exemptions to the day-use mooring rules;

D. HAR chapter 13-257, “Day-Use Mooring Rules,” Subchapter 2, “Day-Use Moorings, Island of Hawai‘i,” to repeal the day-use mooring zones for the island of Hawai‘i; and

E. HAR chapter 13-257, “Day-Use Mooring Rules,” Subchapter 4, “Day-Use Mooring Area, Molokini Shoal Marine Life Conservation District,” to clarify the boundaries and remove the mooring zones of the Molokini Island Day-Use Mooring Area, to update the fee schedule for commercial use of a day-use mooring within the Molokini Day-Use Mooring Area, to clarify that the commercial day-use mooring fees are in addition to fees required under HAR §13-31-5, to update rules for recreational day-use moorings within the Molokini Day-Use Mooring Area and recreational use of commercial day-use moorings, to prohibit all anchoring within the Molokini Day-Use Mooring Area, and to update the map for the Molokini Island Day-Use Mooring Area.

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/.

3. Kalanihale’s, KUPA Friends of Ho‘okena Beach Park’s, Moana ‘Ohana’s, Ko‘olaupoko Hawaiian Civic Club’s, and For the Fishes’ Petition for Rulemaking to Prohibit the Take of Marine Life for Commercial Aquarium Purposes (With Exemptions). [Testimony-Nov, Testimony-Nov-2] [Testimony-Dec] [Testimony] [Testimony-Late]

4. Request for Authorization and Approval to Issue a Papahanaumokuakea Marine National Monument Conservation and Management Permit to the Monument Co-Trustees: the U.S. Department of the Interior, U.S. Fish and Wildlife Service; U.S. Department of Commerce, National Oceanic and Atmospheric Administration (inclusive of the Hawaiian Monk Seal Research Program’s (HMSRP) Management and Recovery Activities) and the Office of Hawaiian Affairs, for Access to State Waters to Conduct Conservation and Management Activities and to Authorize General Conservation and Management Activities by the Department of Land and Natural Resources, Divisions of Aquatic Resources & Forestry and Wildlife. [Testimony]

5. Request for Final Approval to Amend and Compile Chapter 13-95, Hawaii Administrative Rules, “Rules Regulating the Taking and Selling of Certain Marine Resources.” [Testimony-Dec] [Testimony] [Testimony-Late]

The proposed amendments would:

1) Increase the minimum length for manini (Convict Tang) from five to six inches;

2) Establish a new minimum length of five inches for kole (Goldring Surgeonfish);

3) Establish a new noncommercial bag limit of four kala (Bluespine Unicornfish) per person per day;

4) Establish new restrictions on the commercial harvest and sale of kala, including:

a. Requiring commercial kala fishers to first obtain a $100 annual commercial kala fishing permit;

b. Setting a commercial annual catch limit (ACL) for kala of 15,000 lbs.; and

c. Requiring commercial marine dealers who sell kala to register with the Department as commercial kala dealers;

5) Increase the minimum length for large-bodied uhu (Parrotfish) species from twelve to fourteen inches;

6) Establish a minimum length of ten inches for all other uhu species;

7) Establish a new noncommercial bag limit of two uhu per person per day;

8) Establish restrictions on the commercial harvest and sale of uhu, including:

a. Requiring commercial uhu fishers to first obtain a $100 annual commercial uhu fishing permit;

b. Prohibiting the commercial harvest of any uhu species other than Scarus rubroviolaceus (uhu pālukaluka and uhu ‘ele‘ele);

c. Setting a commercial ACL for uhu of 30,000 lbs.; and

d. Requiring commercial marine dealers who sell uhu to register with the Department as commercial uhu dealers;

9) Extend the current closed season (May-August) for pāpa‘i kualoa (Kona Crab) to May-September;

10) Allow the take of female pāpa‘i kualoa; and

11) Make other minor housekeeping amendments for clarity and consistency with other chapters including adding new definitions, amending old definitions, and other stylistic and grammatical corrections throughout the chapter.

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. 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. [Testimony-Late]

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

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

7. Direct Issuance of a Parking Concession to Secure Parking Hawaii LLC, in the Designated Areas Located Within the Ala Wai Small Boat Harbor, Honolulu, Oahu, Hawaii, Identified by Tax Map Keys: (1) 2-6-010:003 (Portion), (1) 2-3-037:012 (Portion), :024, :027, :033, :035 and :037; and

Continuation of Revocable Permit Issued to Secure Parking Hawaii LLC, for Management of Vehicular Parking in the Designated Areas Located Within the Ala Wai Small Boat Harbor, Honolulu, Oahu, Hawaii, Identified by Tax Map Keys: (1) 2-6-010:003 (Portion), (1) 2-3-037:012 (Portion), :024, :027, :033, :035 and :037; and

Declare Project Exempt from Environmental Assessment Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules. (REVISED FROM 11.09.2023)

[Testimony -Nov] [Testimony-Dec] [Testimony]

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Request for Administrative Fines and Other Penalties Against 59-181 Ke-Nui LLC, including members Eric and Moniza Freeman, for Conservation District Enforcement Case OA 22-18 Regarding the Alleged Permit Noncompliance, Construction of Shoreline Erosion Control Device, and Encroachment Upon State Land Located Makai of 59-181 D Ke Nui Rd., Tax Map Key: (1) 5-9-002:034 [Testimony-Dec] [Testimony] [Testimony-Late]

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.

2. Conservation District Use Application (CDUA) HA-3921 for a Single-Family Residence, Landscaping, and Related Improvements by Carl J. and Anick L. Reese located at Government Beach Road, Wa’awa’a, Puna, Island of Hawai’i, Tax Map Key: (3) 1-4-028:005

3. Third Time Extension Request for Conservation District Use Permit (CDUP) KA-3625 Regarding the County of Kauaʻi’s Kekaha Landfill Phase II Expansion Located at Kekaha, Waimea District, Island of Kaua’i, Tax Map Key (4) 1-2-002:009.

4. Second Time Extension for Conservation District Use Permit (CDUP) OA-3818 to complete a Single-Family Residence by Dawn Horn located at Kailua, Koolaupoko, Oahu, Tax Map Key parcel (TMK) (1) 4-2-004:001

5. Request for administrative fines and other penalties against Mr. Joshua H. VanEmmerik for Conservation District Enforcement Case OA 23-13 regarding construction of a shoreline erosion control device located Makai of 59-147 A Ke Nui Road, Tax Map Key: (1) 5-9-002:002, and makai of 59-147 Ke Nui Road, Tax Map Key: (1) 5-9-002:0033 [Testimony-Dec] [Testimony] [Testimony-Late]

6. Request for administrative fines and other penalties against Zhungo LLC (Rodney Youman, Managing Member) and Rodney Youman “Individually” for the Conservation District Enforcement Cases OA 19-08 and OA 21-07 regarding unauthorized structures located along the shoreline within the Conservation District makai of 59-149 Ke Nui Road, Tax Map Key: (1) 5-9-002:004 [Deferred 12/4/23] [Testimony]

7. Request for administrative fines and other penalties against Sunset Oasis LLC, including members William and Melinda Kernot, for the Conservation District Enforcement Case OA 21-18 regarding the alleged permit noncompliance, construction of shoreline erosion control device, and encroachment upon State Land located makai of 59-151 A Ke Nui Rd., Tax Map Key: (1) 5-9-002:005 [Deferred – 12/4/23] [Testimony]

L. ENGINEERING

1. Authorize the Chairperson to Set New Rehabilitation Schedule and Make a Finding of Violation and Issue Fines on the Owners of Waiakalua Reservoir if Deadlines are Missed for the Removal or Rehabilitation of the Waiakalua Reservoir (KA-0010) Kilauea, Kauai; Tax Map Keys (4) 5-1-005: 25 CPR 001, 002, 003, 004, 005 and (4) 5-1-005: 26 and (4) 5-1-005: 27 and (4) 5-1-005: 28 CPR 001,002, 003, 004, 005 and (4) 5-1-005: 29 CPR 001, 002, 003, 004. [Testimony-Dec] [Testimony-Late]

2. Request authorization for the Chairperson to 1) Enter into a Use and Occupancy Agreement with the Department of Transportation, Highways Division; 2) Declare subject project exempt from the preparation of an Environmental Assessment and approve the Chapter 343, Hawaii Revised Statutes, Exemption Notice; and 3) Procure, award, and enter into the construction contract, supplemental agreements and execute any other necessary documents or agreements for Job No. J40CO30A, Kalauhaihai (Lucas Spring) Fishpond Restoration, Phase 3, Niu Valley, Oahu, Hawaii, Tax Map Key: (1) 3-7-002: 018, 077 and (1) 3-7-011: Kalanianaole Highway right-of- way. [Testimony] [Testimony-Late]

M. OTHERS

1. Issuance of a Revocable Permit for a Cargo Facility and Ramp Equipment Parking, Delta Air Lines, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 001 and (1) 1-1-003: 035.

2. Issuance of a Revocable permit for Parking and Storage of Rental Car Vehicles, The Hertz Corporation, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-43: Portion of 003.

3. Request to Withdraw Land from Governor’s Executive Order No. 3947 and Reset Aside to the State of Hawaii Department of Agriculture (HDOA) and Withdraw Lands from Governor’s Executive Order No. 4075 and Reset Aside to the State of Hawaii Department of Transportation, Honolulu Harbor, Island of Oahu, Tax Map Key: (1) 1-2-025: Portion of 011.

4. Request for Authorization to Issue a Month-to-Month Revocable Permits (RP) to Na Pali Sea Tours, Inc., for storage of dry goods, tools, parts, supplies and equipment for Repairs and Maintenance for Tour Boat Operations, situated at Pier 1, Port Allen, Island of Kauai, Tax Map Keys: (4) 2-1-003: Portion of 006, and (4) 2-1-003: Portion of 020. Governor’s Executive No.1047.

5. Authorize the Issuance of a Month-to-Month Revocable Permit (RP) and a New 55-year Lease by Direct Negotiation to The Gas Company, LLC, for a Non-Exclusive Subsurface Pipeline Easement, Four Cathodic Beds, and a Valve Box for Storage and Distribution of Liquified Petroleum Gas (LPG), situated at Pier 3, Nawiliwili Harbor, Island of Kauai, Tax Map Keys: (4) 3-2-003: Portion of 041, (4) 3-2-003: Portion of 001, (4) 3-2-003: Portion of 007, and (4) 3-2-003: Portion of 051. Governor’s Executive Order Nos. 3134, 1332, and 3411.

6. Request for Authorization to Issue Two (2) Month-to-Month Revocable Permits to Holo Charters, Inc., for Storage and Staging Areas to Support a Sightseeing Charter Business, situated at Port Allen Harbor, Island of Kauai, Tax Map Keys: (4) 2-1-003: Portion of 019 and (4) 2-1-003: Portion of 020. Governor’s Executive Order No. 1047.

7. Request for Authorization to Issue (17) Month-to-Month Revocable Permits (RP) to Hawaii Stevedores, Inc., for Stevedoring Service Operations, situated at Piers 1 and 2, Honolulu Harbor, Island of Oahu, Tax Map Key: (1) 2-1-015 Portion of 009. Governor’s Executive Order No. 4238.

8. Issuance of a Revocable Permit for Commercial Use of Four T-Hangars for Storage of Aircraft and Maintenance Hangars to Support an Aeronautical Skydiving Operation, Skydive Academy of Hawaii, Corp., Kawaihapai Airfield, Tax Map Key: (1) 6-08-014: Portion of 016 and (1) 6-08-014: Portion of 017.