Department of Land and Natural Resources

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

                                         DATE:             January 26, 2024

          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) 291-1197 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 :

January 26, 2024

Dial: +1 669 444-9171 At the prompts, enter: Meeting ID: 840 2671 3046 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.

C.       DIVISION OF FORESTRY AND WILDLIFE

1.     Intentionally Left Blank

2.     Denial of Petition for Contested Case Hearing filed by Richard Perry/Oho‘olawa Gardens, LLC through attorney David Brittin on September 28, 2023, Regarding the Board Action of September 22, 2023 to Approve Agenda Item C-1: Request to Approve Location and Course of the Public Trail to Ho‘olawa Landing, Maui, Identified on Registered Map 861, Hamakualoa District, Maui, to Ensure Continued Public Access, and Request Approval of Declaration of Exemption from Chapter 343, HRS Environmental Compliance for the Project.

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

 

D.       LAND DIVISION

1.     Cancellation of Governor’s Executive Order No. 1293 to State of Hawaii, Department of Defense, Hawaii National Guard for North Kohala Armory Site; Approve Waiver of Restrictive Conditions Contained in Land Office Deed No. 8260 and Land Office Deed No. 8730, Honopueo, North Kohala, Hawaii, Tax Map Key: (3) 5-4-005:051. [Additional Info] [Testimony]

2.     Grant of Term, Non-Exclusive Easement, Immediate Right-of-Entry and Revocable Permit to Sandra Fadi Antonios, Trustee of that certain unrecorded Mana Trust, dated December 17, 2020, for Concrete Stairs and Walkway, Kihei, Maui, Tax Map Keys: (2) 3-6-001:023 and (2) 3-6-001:seaward of 023.

3.     Intentionally Left Blank.

4.     Grant of Term, Non-Exclusive Easement, Immediate Right-of-Entry  and Revocable Permit to Robert Howard Merriman and Cynthia Louise Merriman for Seawall and Filled Land Located at Kaneohe, Koolaupoko, Oahu, Identified as Tax Map Key: (1) 4-4-021: seaward of 034 & 035.

5.     Grant of Term, Non-Exclusive Easement to Resorttrust Hawaii, LLC for Drainage Purposes, Waialae, Honolulu, Oahu, Tax Map Key: (1) 3-5-023: portions of 041 and seaward. [Additional Info]

 

E.       DIVISION OF STATE PARKS

1.  Request for Approval and Adoption of Proposed Amendments to The Civil Resource Violation System  Administrative Sanctions Schedule to Include Division of State Parks’ Resource Violations by Replacing Part 4 to the Administrative Sanctions Schedule Adopted by the Board of Land and Natural Resources on March 13, 2009. https://dlnr.hawaii.gov/apo/apo-rules/

 

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.

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

 

J.       DIVISION OF BOATING AND OCEAN RECREATION

1.     Continuation of Revocable Permit Issued to Secure Parking Hawaii LLC, for Management of Vehicular Parking in the Designated Areas Located Within the Maalaea Small Boat Harbor, Wailuku, Maui, Hawaii, Identified by Tax Map Keys: (2) 3-6-001:002 (por.) and (2) 3-8-014:028; and

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

2.     Reconsideration of Rent under Revocable Permit No. 6 to Hawaii Big Game Fishing Club, Inc., as Permittee, for Fishing and Boating Activities, Public Meetings, Tournaments, Harbor Meetings and Continued Support of Youth Groups Purposes, Keahuolu, North Kona, Hawaii, Tax Map Key: (3) 7-4-008:003 (por).

3.     Reconsideration of Rent under Revocable Permit No. 15 to Kona Sailing Club, as Permittee, for Trailered Boat Storage, Sailing Related Equipment, Storage, and Boating and Ocean Safety Education/Training Purposes, Keahuolu, North Kona, Hawaii, Tax Map Key: (3) 7-4-008:003 (por).

4.     Reconsideration of Rent under Revocable Permit No. 7 to Hawaii Island Paddlesports Association, as Permittee, for Operation and Maintain a Hawaiian Style Halau for Permittee’s Meetings, Storage of Solo or Duo Canoes, Kayaks, General Equipment and Staging Area for Race Events Purposes, Keahuolu, North Kona, Hawaii, Tax Map

Key: (3) 7-4-008:003 (por).

 

M.      OTHERS

1.     Issuance of a Revocable Permit for Aircraft Parking, Aerotwin Maui LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076:  Portion of 023.

2.     Issuance of a Revocable Permit for a Passenger Check-In Counter, Air Premia Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 057.

3.     Issuance of a Revocable Permit for a Control Room to Monitor the Department of Transportation’s Baggage Handling System, Airlines Committee of Hawaii, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 042.

4.     Issuance of a Revocable Permit for Helicopter Parking to Support a Commercial Helicopter Tour Operation, Honolulu Helicopter Tours Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 001.

5.     Issuance of a Revocable Permit for Office Space to Support its Sustainability Contract for State Airports, Sustainability Partners, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 058.

6.     Issuance of a Revocable Permit for a Commuter Terminal Office and Check-In Podium, and Land for an Office Trailer to Support Signatory Airline Operations, Southern Airways Express, LLC, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

7. Request for Authorization to Issue Two Month-to-Month Revocable Permits (RP) to Hawaii Stevedores, Inc., for Equipment Storage Area and a Container Office, situated at Pier 7, Kalaeloa Barbers Point Harbor (KBPH), Island of Oahu, Tax Map Key: (1) 9-1-014:Portion of 002, Governor’s Executive Order No. 3383.

8.  Authorize a One-Year Holdover for Harbor Lease No. H-89-2 to IES Downstream, LLC, successor to Chevron U.S.A. Inc., for Non-Exclusive Easements for Subsurface Fuel Pipelines, Surface Fuel Pipeline, and Anode Beds, situated at Kahului Harbor, Island of Maui, Tax Map Keys: (2) 3-7-010: Portion of 003 and (2) 3-7-010: Portion of 006.  Governor’s Executive Order Nos. 2635 and 2986.

9.  Request for Authorization to Issue Two Month-to-Month Revocable Permits (RP) to Captain Andy’s Sailing, Inc., for Storage of Commercial Passenger Vessel Supplies, Tools, etc., for Boat Operations and Repairs, and a Former Fumigation Shed Storage for Day Charter Catamaran Equipment, situated at Pier 1, Port Allen Harbor, Island of Kauai, Tax Map Keys: (4) 2-1-003:Portion of 006, (4) 2-1-003: Portion of 019, and (4) 2-1-003:Portion of 028, Governor’s Executive Order No. 1047.

10. Request for Approval to Proceed with Acquiring Lands by the State of Hawaii, Department of Land and Resources, for the Department of Transportation (HDOT) at Honolulu Harbor, for the movement of Commercial Cargo, Piers and Facilities, Support Services for the Loading, Off-loading, Handling of Overseas and Inter-island Cargo, and Related Maintenance of Cargo Equipment within the HDOT Commercial Harbors. Situated at Honolulu Harbor, Island of Oahu, Tax Map Key: (1) 1-5-035:006; and

Delegate to the Chairperson of the Board of Land and Natural Resources (BLNR) the Authority to Initiate Work to acquire the Lands for final Board approval.

11. Request Authorization to acquire Land for the Use by the Department of Transportation, for Highway Purposes, relating to Haleakala Highway Slope and Shoulder Repair Vicinity of Ainakula Road to Kulalani Drive, Project No 377A-01-22M, District of Makawao, Island of Maui, Hawaii, Tax Map Key: (2) 2-3-022:067.

12. Consent to Lease of Lands under Governor’s Executive Order Nos. 4636 and 4647 to Qualifying Kauai County Homebuyer Program Participants or other Income qualified Kauai Residents.

Tax Map Keys:

(4) 1-6-004:003; (4) 1-9-009:006; (4) 1-9-009:007; (4) 1-9-009:008; (4) 1-9-009:009; (4) 1-9-009:054; (4) 4-1-011:016; (4) 1-9-011:020; (4) 1-8-012:032; (4) 4-1-009:054; (4) 4-1-009:016: (4) 4-1-009:020; (4) 1-6-004:003; (4) 1-8-012:032; (4) 1-9-009:008; (4) 1-9-009:009; (4) 4-1-009:054; (4) 4-1-011:016; (4) 1-9-009:020; (4) 1-8-012:032.

1.     Intentionally Left Blank

2.     Denial of Petition for Contested Case Hearing filed by Richard Perry/Oho‘olawa Gardens, LLC through attorney David Brittin on September 28, 2023, Regarding the Board Action of September 22, 2023 to Approve Agenda Item C-1: Request to Approve Location and Course of the Public Trail to Ho‘olawa Landing, Maui, Identified on Registered Map 861, Hamakualoa District, Maui, to Ensure Continued Public Access, and Request Approval of Declaration of Exemption from Chapter 343, HRS Environmental Compliance for the Project.

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

 

D.       LAND DIVISION

1.     Cancellation of Governor’s Executive Order No. 1293 to State of Hawaii, Department of Defense, Hawaii National Guard for North Kohala Armory Site; Approve Waiver of Restrictive Conditions Contained in Land Office Deed No. 8260 and Land Office Deed No. 8730, Honopueo, North Kohala, Hawaii, Tax Map Key: (3) 5-4-005:051.

2.     Grant of Term, Non-Exclusive Easement, Immediate Right-of-Entry and Revocable Permit to Sandra Fadi Antonios, Trustee of that certain unrecorded Mana Trust, dated December 17, 2020, for Concrete Stairs and Walkway, Kihei, Maui, Tax Map Keys: (2) 3-6-001:023 and (2) 3-6-001:seaward of 023.

3.     Intentionally Left Blank.

4.     Grant of Term, Non-Exclusive Easement, Immediate Right-of-Entry  and Revocable Permit to Robert Howard Merriman and Cynthia Louise Merriman for Seawall and Filled Land Located at Kaneohe, Koolaupoko, Oahu, Identified as Tax Map Key: (1) 4-4-021: seaward of 034 & 035.

5.     Grant of Term, Non-Exclusive Easement to Resorttrust Hawaii, LLC for Drainage Purposes, Waialae, Honolulu, Oahu, Tax Map Key: (1) 3-5-023: portions of 041 and seaward.

 

E.       DIVISION OF STATE PARKS

1.  Request for Approval and Adoption of Proposed Amendments to The Civil Resource Violation System  Administrative Sanctions Schedule to Include Division of State Parks’ Resource Violations by Replacing Part 4 to the Administrative Sanctions Schedule Adopted by the Board of Land and Natural Resources on March 13, 2009. https://dlnr.hawaii.gov/apo/apo-rules/

 

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.

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

 

J.       DIVISION OF BOATING AND OCEAN RECREATION

1.     Continuation of Revocable Permit Issued to Secure Parking Hawaii LLC, for Management of Vehicular Parking in the Designated Areas Located Within the Maalaea Small Boat Harbor, Wailuku, Maui, Hawaii, Identified by Tax Map Keys: (2) 3-6-001:002 (por.) and (2) 3-8-014:028; and

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

2.     Reconsideration of Rent under Revocable Permit No. 6 to Hawaii Big Game Fishing Club, Inc., as Permittee, for Fishing and Boating Activities, Public Meetings, Tournaments, Harbor Meetings and Continued Support of Youth Groups Purposes, Keahuolu, North Kona, Hawaii, Tax Map Key: (3) 7-4-008:003 (por).

3.     Reconsideration of Rent under Revocable Permit No. 15 to Kona Sailing Club, as Permittee, for Trailered Boat Storage, Sailing Related Equipment, Storage, and Boating and Ocean Safety Education/Training Purposes, Keahuolu, North Kona, Hawaii, Tax Map Key: (3) 7-4-008:003 (por).

4.     Reconsideration of Rent under Revocable Permit No. 7 to Hawaii Island Paddlesports Association, as Permittee, for Operation and Maintain a Hawaiian Style Halau for Permittee’s Meetings, Storage of Solo or Duo Canoes, Kayaks, General Equipment and Staging Area for Race Events Purposes, Keahuolu, North Kona, Hawaii, Tax Map

Key: (3) 7-4-008:003 (por).

 

M.      OTHERS

1.     Issuance of a Revocable Permit for Aircraft Parking, Aerotwin Maui LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-076:  Portion of 023.

2.     Issuance of a Revocable Permit for a Passenger Check-In Counter, Air Premia Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 057.

3.     Issuance of a Revocable Permit for a Control Room to Monitor the Department of Transportation’s Baggage Handling System, Airlines Committee of Hawaii, Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 042.

4.     Issuance of a Revocable Permit for Helicopter Parking to Support a Commercial Helicopter Tour Operation, Honolulu Helicopter Tours Inc., Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 001.

5.     Issuance of a Revocable Permit for Office Space to Support its Sustainability Contract for State Airports, Sustainability Partners, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 058.

6.     Issuance of a Revocable Permit for a Commuter Terminal Office and Check-In Podium, and Land for an Office Trailer to Support Signatory Airline Operations, Southern Airways Express, LLC, Ellison Onizuka Kona International Airport at Keahole, Tax Map Key: (3) 7-3-043: Portion of 003.

7. Request for Authorization to Issue Two Month-to-Month Revocable Permits (RP) to Hawaii Stevedores, Inc., for Equipment Storage Area and a Container Office, situated at Pier 7, Kalaeloa Barbers Point Harbor (KBPH), Island of Oahu, Tax Map Key: (1) 9-1-014:Portion of 002, Governor’s Executive Order No. 3383.

8.  Authorize a One-Year Holdover for Harbor Lease No. H-89-2 to IES Downstream, LLC, successor to Chevron U.S.A. Inc., for Non-Exclusive Easements for Subsurface Fuel Pipelines, Surface Fuel Pipeline, and Anode Beds, situated at Kahului Harbor, Island of Maui, Tax Map Keys: (2) 3-7-010: Portion of 003 and (2) 3-7-010: Portion of 006.  Governor’s Executive Order Nos. 2635 and 2986.

9.  Request for Authorization to Issue Two Month-to-Month Revocable Permits (RP) to Captain Andy’s Sailing, Inc., for Storage of Commercial Passenger Vessel Supplies, Tools, etc., for Boat Operations and Repairs, and a Former Fumigation Shed Storage for Day Charter Catamaran Equipment, situated at Pier 1, Port Allen Harbor, Island of Kauai, Tax Map Keys: (4) 2-1-003:Portion of 006, (4) 2-1-003: Portion of 019, and (4) 2-1-003:Portion of 028, Governor’s Executive Order No. 1047.

10. Request for Approval to Proceed with Acquiring Lands by the State of Hawaii, Department of Land and Resources, for the Department of Transportation (HDOT) at Honolulu Harbor, for the movement of Commercial Cargo, Piers and Facilities, Support Services for the Loading, Off-loading, Handling of Overseas and Inter-island Cargo, and Related Maintenance of Cargo Equipment within the HDOT Commercial Harbors. Situated at Honolulu Harbor, Island of Oahu, Tax Map Key: (1) 1-5-035:006; and

Delegate to the Chairperson of the Board of Land and Natural Resources (BLNR) the Authority to Initiate Work to acquire the Lands for final Board approval.

11. Request Authorization to acquire Land for the Use by the Department of Transportation, for Highway Purposes, relating to Haleakala Highway Slope and Shoulder Repair Vicinity of Ainakula Road to Kulalani Drive, Project No 377A-01-22M, District of Makawao, Island of Maui, Hawaii, Tax Map Key: (2) 2-3-022:067.

12. Consent to Lease of Lands under Governor’s Executive Order Nos. 4636 and 4647 to Qualifying Kauai County Homebuyer Program Participants or other Income qualified Kauai Residents.

Tax Map Keys:

(4) 1-6-004:003; (4) 1-9-009:006; (4) 1-9-009:007; (4) 1-9-009:008; (4) 1-9-009:009; (4) 1-9-009:054; (4) 4-1-011:016; (4) 1-9-011:020; (4) 1-8-012:032; (4) 4-1-009:054; (4) 4-1-009:016: (4) 4-1-009:020; (4) 1-6-004:003; (4) 1-8-012:032; (4) 1-9-009:008; (4) 1-9-009:009; (4) 4-1-009:054; (4) 4-1-011:016; (4) 1-9-009:020; (4) 1-8-012:032.