Department of Land and Natural Resources

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

DATE:             August 23, 2024

          TIME:              9:00 A.M.

PLACE:           DLNR Boardroom, Kalanimoku Bldg. 1151 Punchbowl St. 1st Floor Room 132/ & Online via Zoom

Meeting ID: 881 4714 7141
ZOOM LINK: https://us06web.zoom.us/j/881 4714 7141
LIVE STREAM: https://www.youtube.com/live/GbTsSPFHtJM

 

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/GbTsSPFHtJM

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: 828 4045 2516 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.

NOTE: Agenda Items may be taken out of order.

 

A. MINUTES

1. Approval of July 12, 2024, Summary Meeting Minutes
2. Approval of July 26, 2024, Summary Meeting Minutes

D. LAND DIVISION

1. Cancellation of Revocable Permit No. S-7088, Jeffrey S. Lindner, Permittee, for the Operation and Maintenance of the Moloaa Well and Transmission Facilities, Papaa, Moloaa, Kawaihau, Kauai, Tax Map Key: (4) 4-9-001:001 (por.). [Testimony – Late 8/23]

2. Issuance of Right-of-Entry Permit to Hawaii Beach Volleyball Association for Duke’s Kauai Invitational Beach Volleyball, Kauai College Invitational and Kauai Beach Volleyball Juniors Duel at Kalapaki Beach, Lihue, Kauai, Tax Map Key:(4) 3-5-002:seaward of 002. (KDLO)

3. Issuance of Immediate Management Right-of-Entry and Set-Aside of Lands to the County of Maui for Existing Sewer Pump Station; Lower Honokowai, Lahaina, Maui, Tax Map Key No. (2) 4-4-001:094

4. Grant of Term, Non-Exclusive Easement to Hawaiian Electric Company, Inc. for Utility Purposes; Issuance of Immediate Right-of-Entry Permit; Kailua, Koolaupoko, Oahu, Tax Map Key: (1) 4-2-017: portion of 020.

5. (1) Consent to Assignment of Grant of Non-Exclusive Easement No. S-5629 from Carl Phillip Mudrick, Personal Representative of The Estate of Miles F. Shiratori, Deceased, Assignor, to FC2, Inc., Assignee; (2) Amend the Easement Conditions regarding Consent to Assignment and Insurance Provision; Kaneohe, Koolaupoko, Oahu, Tax Map Key: (1) 4-4-022: seaward of 006.

6. Annual Renewal of Revocable Permits for Oahu. See Exhibit 2 for list of Revocable Permits.

7. Issuance of Right-of Entry Permit to the United States Army Garrison Hawaii to Conduct Follow-up Inspections and Defense Environmental Restoration Program Activities on State Lands Possibly Including Submerged Lands on the Island of Oahu. See Exhibit 3 for List of Subject Properties.

F. DIVISION OF AQUATIC RESOURCES

1. Request for Approval of the Application Form and Terms and Conditions for the State of Hawaiʻi Aquarium Fish Permit Pursuant to Hawaii Revised Statutes Section 188-31; Request for Approval of Terms and Conditions for the West Hawaiʻi Aquarium Permit Pursuant to Hawaii Administrative Rules Section 13-60.4-7; Request to Delegate Authority to the Chair to Approve, Sign, and Issue West Hawaiʻi Aquarium Permits and State of Hawaiʻi Aquarium Fish Permits authorizing limited commercial aquarium collection in the West Hawai‘i Regional Fishery Management Area (WHRFMA) to Up to Seven Applicants That Meet Certain Criteria and Requirements. [Testimony – 8/16, 8/17, 8/19, 8/20, 8/21, 8/22, Late 8/23, In-Person 8/23]

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Amend Prior Board Action on Item J-1 on the Board’s agenda for its June 28, 2024, meeting: Renewal of Revocable Permits on the Islands of Oahu, Maui, Hawaii and Kauai. See Exhibit E for list of Revocable Permits; and Waiver of Requirement for Conducting Phase I Environmental Site Assessment upon the termination of Revocable Permit Nos. 11 and 90; and Declare Project Exempt from Requirements of Chapter 343, HRS and Title 11, Chapter 200.1, Hawaii Administrative Rules. The purpose of the amendment is to accept the annual rents for those revocable permits whose rents for fiscal year 2025 were determined via appraisal after the June 28. 2024 Board’s approval of renewals and deferral on the question of rental amounts. The list of Revocable Permits Whose Rents are to be Amended is attached hereto as Exhibit “A”.

[Testimony, 8/20, 8/21, 8/22, Late  8/23, In-Person 8/23]

 

K. OFFICE OF CONSERVATION AND COASTAL LANDS

1. Request for Delegation of authority to the Board’s Chairperson to award, execute, and amend and/or extend, as appropriate, the contract to Develop the Calculation of the Measures in the Climate Action Plan, following completion of the bidding process set forth in the “Request for Proposals (RFP) for the Calculation of Measures in the State’s Climate

Action Plan” for Job No. CAP25, which contract would be conditioned upon terms to serve the best interests of the State, subject to the availability of funds, and approval as to form by the Department of the Attorney General.

L. ENGINEERING

1. Request Approval of Kapalaalaea Reservoir (MA-0094) Dam Safety Permit Application and Authorization for the Chairperson and Department to Issue the Dam Safety Permit No. 88 for Removal with Stipulated Terms and Conditions Pursuant to Hawaii Revised Statutes Chapter 179D and Applicable Chapter 13- 190.1, Hawaii Administrative Rules, Haiku, Maui, Hawaii, TMK (2) 2-8-007:001.

[Testimony, 8/22]