Land Board Submittals – 05/24/24
AGENDA
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES
DATE: May 24, 2024
TIME: 9:00 A.M.
PLACE: DLNR Boardroom, Kalanimoku Bldg. 1151 Punchbowl St. 1st Floor Room 132/ & Online via Zoom
Meeting ID: 843 7065 4197
ZOOM LINK: https://us06web.zoom.us/j/89355942602
LIVE STREAM: https://www.youtube.com/live/2r_eOTqSlsM
This meeting will be held using interactive conference technology under section 92-3.7, Haw. Rev. Stat. (HRS). Board members, staff, applicants, testifiers, and the public can choose to participate in person, online via Zoom, or by telephone. The public may also view the live meeting via its live stream at: https://www.youtube.com/live/2r_eOTqSlsM
To Provide Written Testimony
We encourage interested persons to submit written testimony in advance of the meeting, which will be distributed to Board members prior to the meeting and allow a timely review. Please submit written testimony via email to: [email protected]. Written testimonies can also be mailed to: P.O. Box 621, Honolulu, Hawaii 96809. Written testimonies may be posted upon the Board of Land and Natural Resources meeting website; as a precaution, please be mindful with any personal information prior to submitting unless you intend it to be shared. Late written testimony will be retained as part of the record and distributed to Board members as soon as practicable, but we cannot ensure the Board will receive it in sufficient time to review, prior to decision-making.
To Provide In-Person Oral Testimony (masks are highly encouraged)
Attend in-person at: 1151 Punchbowl St. Room 132 (Kalanimoku Building), Honolulu, Hawaii.
To Provide Testimony by Telephone
On the day of the meeting at the start of the agenda item you wish to testify on, dial 1-669-444-9171 (Zoom); input the meeting ID: 843 7065 4197 and follow the prompts.
To Provide Video/Zoom Testimony
Please send your request in a timely manner to: [email protected] with your information, email address, and the agenda item you wish to testify on. Once your request has been received, you will receive a confirmation email with pertinent information. You may testify without signing up in advance.
We kindly ask that all oral/video testimony be limited to not more than three (3) minutes. We ask that you identify yourself and any affiliation before speaking, but you can choose not to do so.
The Board may go into Executive Session pursuant to section 92-5(a)(4), HRS, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.
If you need an auxiliary aid/service or other accommodation due to a disability, please contact, BLNR Secretary, at 808.587.0404 or [email protected] as soon as possible. Requests made as early as possible have a greater likelihood of being fulfilled. Upon request, this agenda and other materials are available in alternate/accessible formats.
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 but before the close of the board meeting. It is up to you. Any request must also be made in writing within ten calendar 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.
Update …
- Item L-1 is Withdrawn (5/22/24)
A. MINUTES
1. Approval of July 14, 2023, Summary Meeting Minutes
2. Approval of July 28, 2023, Summary Meeting Minutes
3. Approval of August 11, 2023, Summary Meeting Minutes
4. Approval of March 22, 2024, Summary Meeting Minutes
C. DIVISION OF FORESTRY AND WILDLIFE
Authorize the Department to Proceed with All Due Diligence and Negotiations Necessary to Carry Out the Fiscal Year 2024 Legacy Land Conservation Program Grant and Acquisition Identified above as Approved by the Board and the Governor. [Testimony – 5/23]
2. Authorization of funding for The Nature Conservancy for $1,251,925 during FY 25-30 for continued enrollment in the Natural Area Partnership Program and acceptance and approval of the Kamakou Preserve Long Range Management Plan, landowner Molokai Properties Limited, Tax Map Key (2) 5-4-003:026, Molokaʻi [Testimony – 5/22]
3. Authorization of funding for The Nature Conservancy for $309,079 during FY 25-30 for continued enrollment in the Natural Area Partnership Program and acceptance and approval of the Moʻomomi Preserve Long Range Management Plan, landowner The Nature Conservancy, Tax Map Key (2) 5-1-002:037, Molokaʻi. [Testimony – 5/22]
[Testimony – 5/22]
D. LAND DIVISION
This second amendment is to correct the legal capacity of assignor described in the prior board action after the appointment of Masahiro Kitami as the Ancillary
Personal Representative of the Estate of Shoji Kitami.
The purpose of the amendment is to change the effective dates of the Board-approved permit for regular, public Friday night aerial fireworks displays at Duke Kahanamoku Beach to include displays on May 2, 9, 16, 23, and 30, 2025.
10. Amend Prior Board Action of October 13, 2023, under agenda Item D-7, Issuance of Right-of-Entry Permit to the United States through its Army Corps of Engineers, Honolulu District, Department of the Army, to Conduct Defense Environmental Restoration Program Activities on State Lands Including Submerged Lands on the Islands of Oahu and Hawaii.
The current amendment is at the request of the United States Army Corps of Engineers (USACE) who requires that USACE’s right-of-entry (ROE) form be used for projects on Formerly Used Defense Sites (FUDS) instead of the State’s ROE form that USACE agreed to in the past for environmental remediation projects on State lands. Accordingly, the purpose of the amendment is to change the Board’s prior action approving the use of the State ROE form and instead approve the use of the USACE ROE form. [Testimony – 5/23]
The purpose of the amendment is to (1) extend the effective period of the subject right-of-entry permit up to June 14, 2024; and (2) delegate authority to the
Chairperson for issuance any further extension for good cause shown.
Authorize the Chairperson to Enter Into a Memorandum of Agreement between the Department of Land and Natural Resources and the Department of Transportation Regarding the Future Modification and Relocation of the Drainage Basins and Approval of Access Points Serving Tax Map Key: (1) 9-1-017:097. [Testimony – 5/23]
F. DIVISION OF AQUATIC RESOURCES
1. Recommendation that the Board of Land and Natural Resources Deny the Written Contested Case Hearing Request by Kevin S. Albert and Kimberly L. Albert, Trustees of the Albert Revocable Trust UAD 06/03/1997 and Restated 01/07/2020, Regarding the Enforcement Action Against Jim Jones, Noelani Yacht Charters, LLC, Kevin S. Albert, Kimberly L. Albert, and the Albert Revocable Trust for Unlawful Damage to Stony Coral and Live Rock Resulting from the February 20, 2023 Nakoa Anchoring Incident outside of the Honolua-Mokulē`ia Bay Marine Life Conservation District, Island of Maui. [Exhibit] [Testimony – 5/23, Late – 5/24]
J. DIVISION OF BOATING AND OCEAN RECREATION
1. Auction Sale of Concession by Sealed Bid for a Ten-Year Concession Contract for Maritime-related Activities Including but not Limited to Concierge Service, Providing General Information and Assistance Including, Maps, Restaurant Guides, Charter and Tour Information, Cruise Ship Itineraries, Trolley and Bus Schedules, Beach Rental Gear, Sunscreen, Cold Refreshments and Snacks, and Tour Check-in Purposes, at Kailua-Kona Pier, Kailua, North Kona, Hawaii, Tax Map Key (3) 7-5-006:039 (por.), and Declare Project Exempt from Preparation of an Environmental Assessment under Chapter 343, HRS, and Title 11, Chapter 200.1, Hawaii Administrative Rules. [Testimony – 5/23]
The Purpose of this Amendment is to Waive the Permittee’s Requirement to Perform a Phase I Environmental Site Assessment as Required Under the Revocable Permit. Hone Heke Corporation’s Activities are Limited to Ferry Sales and Do Not Involve the Use of Any Hazardous Materials.
L. ENGINEERING
1. Request Approval of Oahu Reservoir 155 (OA-0137) Dam Safety Permit Application and Authorization for the Chairperson and Department to Issue the Dam Safety Permit No. 68 with Stipulated Terms and Conditions Pursuant to Hawaii Revised Statutes Chapter 179D and Applicable Chapter 13-190.1, Hawaii Administrative Rules, Kunia, Hawaii, TMK (1) 9-2-001:020 por. [Withdrawn 5/22/24]
M. OTHERS
1. Resubmittal from April 26, 2024 Board Meeting, Item M-2 – Issuance of a Revocable Permit for a Marketing and Visitor Information Counter, Hilton Grand Vacations Company, LLC, Daniel K. Inouye International Airport, Tax Map Key: (1) 1-1-003: 051 (Portion). [Testimony Late – 5/24]
M-HAR (DOT HARBORS)