Department of Land and Natural Resources

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

                                         DATE:             February 23, 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 :

February 23, 2024

Dial: +1 669 444-9171 At the prompts, enter: Meeting ID: 861 7681 2861 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.    Request for Approval for the Use of a Request for Proposals for Mosquitoes for Incompatible Insect Technique (IIT) deployment on Kaua’i; and Request for Approval for a Delegation of Authority to the Chairperson to Award, Execute, and Extend Agreements with Successful Providers. [Testimony]

 

D.        LAND DIVISION

1.    Issuance of Direct Lease to InSite Hawaii, LLC for Telecommunication Station and Telecommunication Tower Purposes, Humuula, North Hilo, Hawaii, Tax Map Key:(3) 3-9-002: 012.

2.    A. After-the-Fact Consent to Assignment of General Lease No. S-3727, as follows:

1)    From Amancio R. Nacapoy and Serafina N. Nacapoy, Assignors, to Amancio Ramiscal Nacapoy and Serafina Malacase Nacapoy, Trustees of the Amancio R. Nacapoy and Serafina M. Nacapoy Revocable Living Trust dated March 19, 1998, Assignees;

2)    From Amancio R. Nacapoy and Serafina M. Nacapoy, Trustees of the Amancio R. Nacapoy and Serafina M. Nacapoy Revocable Living Trust dated March 19, 1998, Assignors, to Amancio R. Nacapoy and Serafina M. Nacapoy, husband and wife, and Gregory M. Nacapoy, Assignees;

3)    From Amancio R. Nacapoy and Serafina M. Nacapoy, husband and wife, and Gregory M. Nacapoy, Assignors, to Gregory M. Nacapoy, Assignee;

4)    From Gregory M. Nacapoy, Assignor, to Amancio R. Nacapoy, Assignee;

5)    From Amancio Ramiscal Nacapoy, Assignor,  to Amancio R. Nacapoy, as Trustee of the Amancio R. Nacapoy Trust dated June 4, 2012, Assignee; and

6)    From Susan N. Osborn and Gregory M. Nacapoy, as Co-Trustees of the Amancio R. Nacapoy Trust Dated June 4, 2012, as Assignors, to Wenqiu Xie and Mingxia Lin, as Assignees;

       B. Affirm the intent of the Board at its meeting of April 6, 1962, item F-19 that the subject easement inures to the benefit of the private property identified as Tax Map Key :(1) 1-3-021:006. Kaluaopalena, Kalihi, Honolulu, Oahu, Tax Map Key: (1) 1-3-022:003 (Portion).

 

F.         DIVISION OF AQUATIC RESOURCES

1. Request for Authorization and Approval to Issue a Papahānaumokuākea Marine National Monument Conservation and Management Permit to Mr. James Morioka, Papahānaumokuākea Marine Debris Project (PMDP) for Access to State Waters to Survey and Remove Marine Debris and Disentangle Marine Life as Needed within the Waters of the Northwestern Hawaiian Islands

 

J.         DIVISION OF BOATING AND OCEAN RECREATION

1.    Denial of Petition for Contested Case Hearing filed on August 21, 2023 by Kamaʻaina Boaters regarding Item J-1 on the August 11, 2023 Board Agenda, titled: Continuation of Revocable Permit Issued to Secure Parking Hawaii LLC for Management of Vehicular Parking at 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

The Board may go into executive session pursuant to § 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. [Testimony]

2.    Denial of Petition for Contested Case Hearing filed on August 21, 2023 by Margaret Hallahan regarding Item J-1 on the August 11, 2023 Board Agenda, titled: Continuation of Revocable Permit Issued to Secure Parking Hawaii LLC, dba Concierge Car Wash and Traffic Monitoring Services, 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

The Board may go into executive session pursuant to § 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.
[Testimony]

3.    Denial of Petition for Contested Case Hearing filed on August 21, 2023 by Karen Boyer regarding Item J-1 on the August 11, 2023 Board Agenda, titled: Continuation of Revocable Permit Issued to Secure Parking Hawaii LLC, dba Concierge Car Wash and Traffic Monitoring Services, 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

The Board may go into executive session pursuant to § 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. [Testimony]

4.    Denial of Petition for Contested Case Hearing filed on December 18, 2023 by Kamaʻaina Boaters regarding Item J-7 on the December 7, 2023 Board Agenda, titled: 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

The Board may go into executive session pursuant to § 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.
[Testimony]

5.    Denial of Petition for Contested Case Hearing filed on December 18, 2023 by Margaret Hallahan regarding Item J-7 on the December 7, 2023 Board Agenda, titled: 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

The Board may go into executive session pursuant to § 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.
[Testimony]

6.    Denial of Petition for Contested Case Hearing filed on December 18, 2023 by Karen Boyer regarding Item J-7 on the December 7, 2023 Board Agenda, titled: 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

The Board may go into executive session pursuant to § 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.
[Testimony]

7.    Issuance of Revocable Permit to Da So Fresh Express LLC for a Mobile Food Concession, Located at Honokohau Small Boat Harbor, Honokohau, Kailua-Kona, Island of Hawaii, Tax Map Key: (3) 7-4-008:003 (por.); and

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

8.    Cancellation of Revocable Permit No. 137 to Riddle Works LLC. Issuance of a New Revocable Permit to Riddle Works LLC for an ice machine, located at the Honokohau Small Boat Harbor, Kealakehe, North Kona, Hawaii, Tax Map Key: (3) 7-4-008:003 (por.); and

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

9.    Cancellation of Revocable Permit No. 39 to HBM, LLC, Permittee; Request for Waiver of Requirement for Conducting Phase I Environmental Site Assessment upon Cancellation of Revocable Permit No. 39; Reissuance of Revocable Permit to HBM for Equipment Storage and the Mooring of a Vessel Purposes, Situated at Ala Wai Small Boat Harbor, Kalia, Honolulu, Island of Oahu, Tax Map Key: (1) 2-3-037:020 (por.); and

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

10.  Consent to Sublease Under Harbor Lease No. H-70-14, Keehi Marine, Inc. (“Keehi Marine”), Lessee, To: Steven Shoda, an Individual, Sublessee, Ke’ehi Small Boat Harbor, Kalihi-Kai, Honolulu, Hawaii, Tax Map Key: (1) 1-2-023:030.

 

M.        OTHERS

1.    Issuance of a Revocable Permit for an Employee Breakroom, United States of America, Department of Homeland Security, Transportation Administration, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 073: (Portion).

2.    Amendment No. 1 to State Lease No. DOT-A-23-0010, U.S. General Services Administration on Behalf of The Department of Homeland Security Transportation Security Administration, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: Portion of 051.

3.    Issuance of a Revocable Permit for The Shared Use of the Baggage System, United Airlines, Inc., Lihue Airport, Tax Map Key: (4) 4-3-001: Portion of 135.

4.    Amend Prior Board Action of October 23, 2020, Agenda Item M-7, Approval for: 1) Acquisition of Private Lands; 2) Issuance of a Temporary Right-of-Entry Permit to the Department of Transportation for Management Purposes; and

3) Set Aside to The Department of Transportation for Addition to Lihue Airport at Hanamaulu, Lihue, Kauai, Tax Map Key: (4) 3-7-002:001 (Portion); and Issuance of a Grant of a Perpetual, Non-Exclusive Easement and Temporary Right-of-Entry Permit to Visionary LLC, a Virginia Limited Liability Company, for Access Purposes at Hanamaulu, Lihue, Kauai, Tax Map Key: (4) 3-5-001: 158 (Portion).

The Purpose of this Amendment is to: 1) Delete the Request for Acquisition of Private Lands; 2) Revise the Lots Benefitted by the Easement from Lot 1 (Remainder Lot), Lot 4 and Lot 47, to Lots 1,2,3, and 5; 3) Add Utility Purposes to the Character of Use for the Easement; and 4) Amend the Area of the Easement to 3,367 Square Feet.

 

M-HAR  (DOT HARBORS)

1.  Authorize the Issuance of a Month-to-Month Revocable Permit (RP) to the State of Hawaii, Department of Human Services (DHS) for Office Space, situated at Kahului Harbor, Island of Maui, Tax Map Key: (2) 3-7-010: Portion 036.-