AGENDA
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES
DATE: FRIDAY, DECEMBER 14, 2007
TIME: 9:00 A.M.
PLACE: KALANIMOKU BUILDING
LAND
BOARD CONFERENCE ROOM 132
1151 PUNCHBOWL STREET
HONOLULU, HAWAII 96813
A.
MINUTES
1. Amend Minutes of October 26, 2007, Item K-1.
2. November 16, 2007 Minutes.
C. FORESTRY AND WILDLIFE
1. Subject: Carnegie Institution Contract for the
Collection and Analysis of Remotely Sensed Hyperspectral and LiDAR (a Laser
Based Data Collection System) Imagery for Wao Kele o Puna, the Kapapala Koa
Canoe Log Management Area, and a Portion of Ka’u Forest Reserve.
2. Subject: Request for Amendment of the Hawaii Invasive
Species Contract 53599 to Resolve Conflicting Terms in the Scope of Services
and Copyright Ownership by Amending the Special Conditions #26
D. LAND
DIVISION
1.
Request to Approve
Revised Application and Qualification Questionnaire for Agricultural, Pasture,
Business, Commercial, Industrial and Resort Leases.
2.
Issuance of
Right-of-Entry Permit to U.S. Army Corps of Engineers on State Unencumbered and
Encumbered Lands, Islands of Oahu, Maui, Kauai; TMK: (1) 3-9-11:7; (1)
4-1-14:1, 9, 10; (1) 5-2-2:1; (1) 5-6-1:2; (2) 2-1-1:3; (2) 5-8-15:11, (2)
6-1-1:2; (4) 1-5-1:1; (4) 3-9-1:2; (4) 4-2-1:1, 2; (4) 4-4-1:1, 2: (4) 4-6-1:1;
(4) 5-4-1:1.
3.
Consent to Assign
General Lease No. S-5824, Andy B. Alfiler and Mary G. Alfiler, Assignor, Andy
B. Alfiler and Mary G. Alfiler, and LBD Coffee, LLC Assignee, Kapaa, Kauai, Tax
Map Key: (4) 4-6-05:11.
4.
Grant of Perpetual,
Non-Exclusive Easement to Francis U. Merriman for Access and Utility Purposes,
Waioli, Hanalei, Kauai, TMK: (4) 5-5-08:02, and 5-6-02:01.
5.
Approval of Lease
of Private Property with Leroy Ridgeway Jr. and Ms. Faviola Ridgeway on Behalf
of the Department of Health, Clean Air Branch for Air Monitoring Purposes,
Keahialaka, Puna, Hawaii, TMK: (3) 1-3-28:portion of 38.
6.
Consent to Assign
General Lease No. S-4640, Michael G. Mentnech, Assignor, to Sunny Stewart and
Mya Paw’U, Assignee, Waiakea, South Hilo, Hawaii, TMK: (3) 2-4-49:23
7.
Sale of Remnant
State Lands, Abandoned Railroad Right-of-way to Hilo Meishoin, Waiakea, South
Hilo, Hawaii, Tax Map Key: (3) 2-4-57: portion of 01.
8.
Amend Prior Board
Action of June 22, 2007, Agenda Item D-4, Cancellation of Revocable Permit No.
S-7174 to J.J. Andrade Slaughterhouse, Inc., and Issuance of Month-to-Month
Revocable Permit to Jill J. Andrade dba R.J. Ranch for Pasture Purposes; Kawela
and Papaki, Hamakua, Hawaii, TMK: (3) 4-6-02:07.
9.
Amend Prior Board
Action of September 28, 2001, Agenda Item D-17, Grant of Perpetual, Non-Exclusive
Easement to R.R. Midkiff Luakaha Family Limited Partnership and Elizabeth
Midkiff Myers, Trustee Under that Certain Unrecorded Revocable Trust of
Elizabeth Midkiff Myers dated April 24, 1989, as Amended, for Waterline,
Reservoir and Fire Pump Station Purposes at Nuuanu, Oahu, TMK: (1) 1-9-07:por.
02.
10. Acquisition of
Government Lands and Set Aside to (1) Department of Transportation for
Manifested Cargo and Passenger Operations, and (2) Department of Business,
Economic Development and Tourism, Foreign-Trade Zone Division for Foreign
Commerce, Portion of Kaakaukukui, Honolulu, Oahu, TMKs: (1) 2-1-15:por. 09, 19,
15, 21, 25, 26, 27, 28, 29, 30, 31, 32, 33, 36, 37, 38, 39, 42 & 46.
11. Issuance of
Revocable Permit to King Center, Ltd. for Parking Purposes, Honolulu, Oahu;
TMK: (1) 2-3-18:45.
12. Enforcement of
Violation of Unencumbered Public Lands for Unauthorized Commercial Activity by
Nita Kalamafoni at Duke Kahanamoku Beach, Waikiki, Oahu, TMK: (1) 2-3-37:21.
13. Consent to Assign
General Lease No. S-4901, Leina'ala M. Lopes and Carolyn Leina'ala Kahili,
Assignor, to Leina'ala M. Lopes, Carolyn Leina'ala Kahili, Wilfred A. Lopes and
Darren Kealii Lopes, Assignees, Maunalaha Homesites, Maunalaha, Honolulu, Oahu,
TMK: (1) 2-5-24:12.
14. Amend Prior Board
Action of January 28, 2005, Item D-8, Grant of a 55-Year Non-Exclusive Easement
for Seawall Purposes to Kauilani, LLC, Honolulu, Oahu, TMK: (1) 3-6-02:02
seaward.
15.
Amend Prior Board
Action of December 8, 2006, Item D-14, Approval in Principle of an Exchange
between the State of Hawaii and Tiana Partners and Hawaiian Humane Society for
State-Owned Springing Executory Interest in Land at Niu, Honolulu, Oahu, Tax
Map Keys: (1) 3-7-04:01, 02 & 20 and Privately-Owned Land at Niu, Honolulu,
Oahu, Tax Map Key: (1) 3-7-04:02, and
Rescind Prior Board Action of
October 28, 1994 Under Agenda Item F-13, Amendment to Prior Board Action of
February 12, 1988 (Agenda Item F-24) Relating
to an Agreement to Partition Land at Niu Valley, Honolulu, Oahu; Accept Quitclaim to a Portion of Property;
Issue Quitclaims to the Remainder of Property;
and Set Aside to the Division of Forestry and Wildlife, TMK 3-7-04: 01, 02 & 20.
To Reflect Parties’ Intent to
Exchange Present and Future Interests in Land Situated
at Niu, Honolulu, Further Identified as Tax Map Keys: (1) 3-7-04:01, 02, 20 and 21
16. Rescind Prior
Board Action of August 26, 2005, Agenda Item D-13, Sale of Remnant to G&I
Watumull Limited Partnership, Waimanalo, Koolaupoko, Oahu, TMK: (1) 4-1-09:274.
17. Sale of Lease at
Public Auction for Intensive Agriculture Purposes, Waimanalo, Koolaupoko, Oahu,
TMK: (1) 4-1-10:40.
18. Enforcement of Violation
of Unencumbered Public Lands, Unauthorized Landscaping and Removal of Sand and
Plants on State Land by David and Maureen Cross, Kailua, Koolaupoko, Oahu; TMK:
(1) 4-3-17:33.
19. Grant of Term,
Non-Exclusive Easement to Walter K. Quan, Andrew K. Quan, Thomas A. Quan for
Filled Land, Steps and Seawall Purposes, Kahaluu, Koolaupoko, Oahu, TMK: (1)
4-7-10:36 seaward.
20. Cancellation of
Grant of Non-Exclusive Easement Bearing General Lease No. S-5172 to Stanley
Chun and Katherine S. Chun and Grant of Term, Non-Exclusive Easement to Gilbert
K. Chun and Leialoha K. Chun for Seawall Purposes, Kahaluu, Koolaupoko, Oahu;
TMK: (1) 4-7-19:26 seaward.
21. Sale of Reclaimed
Land to the Dorothy Ikeda Family Trust, and Amend the Prior Board Action of November
8, 1963 Under Agenda item F-8, Kaneohe, Oahu, TMK: (1) 4-7-19:78 por.
22. Grant of
Perpetual, Non-Exclusive Easement to Department of Defense, for Civil Defense
Warning and Communication Siren Purposes, and Issuance of a Construction &
Management Right-of-Entry Permit, Hauula, Koolauloa, Oahu, Tax Map Key: (1)
5-3-001:039 (por.)
23. Grant of
Perpetual, Non-Exclusive Easement to Hawaiian Electric Company, Inc. and
Hawaiian Telcom, Inc. for Access and Utility Purposes and Issuance of
Construction and Management Right-of-Entry, Waianae, Oahu, Tax Map Key: (1)
8-5-028:042 por.
24. Set Aside to City
and County of Honolulu for Park Purposes; Issuance of Construction and
Management Right-of-Entry, Lualualei, Waianae, Oahu; TMK: (1) 8-6-01:06.
25. Mutual
Cancellation of General Lease No. S-4612 Issued to Del Monte Fresh Produce
(Hawaii) Inc. for Pineapple Cultivation Purposes, Waikele, Oahu, TMKs: (1)
9-4-12:01, 02, 03.
26. Sale of Lease at
Public Auction for Intensive Agriculture Purposes, Waikele, Oahu, TMK: (1)
9-4-12:01, 02, 03. 27.
27. Report of Board of
Education Action Regarding Acquisition of Private Lands and Set Aside to
Department of Education for Expansion of Haaheo Elementary School, Wainaku,
South Hilo, Hawaii, TMK: (3) 2-6-32:01 por. & 27.
E. STATE PARKS
1. Approval to Issue Three
(3) Revocable Permits at Ahupua'a 'O Kahana State Park, Ko'olauloa, Oahu for
Residential and Agricultural Purposes TMK:
(1) 5-2-02: por.1
2. Request to Enter into a
Revocable Permit for the Operation of the Kokee Concession, Kokee State Park,
Kauai
3. Request Continuance of
96 Revocable Permits Issue for Recreation-Residence Use in Koke'e and Waimea
Canyon State Parks, Waimea, Kaua'i
4. Annual Renewal of
Revocable Permits (RPs) on the Island of Kauai and Oahu
F. AQUATIC RESOURCES
1. Enforcement
Action Against Maui Snorkel Charters, Inc. for Damaging Coral within the
Molokini Shoal Marine Life Conservation District
2. Request for
Approval to Add Funding ($158,155) and Increase Scope of Services of a Research
Corporation of the University of Hawaii Stream/Estuarine Studies Project
Agreement (Contract No. 51059) in FY08
3. Request for
Authorization and Approval to Issue a Papahanaumokuakea Marine National
Monument Conservation and Management Permit to the Monument Co-Trustee
Representatives of the U.S. Department of the Interior, U.S. Fish and Wildlife
Service; U.S. Department of Commerce, National Oceanic and Atmospheric
Administration; and State of Hawai’i Department of Land and Natural Resources,
for Access to State Waters to Conduct Conservation and Management Activities.
I. HISTORIC PRESERVATION
1. Request for Approval to
Enter into a Reburial Agreement with FRC Waikiki, LLC for the Human Skeletal
Remains Reinterred on their Property at Waikiki Ahupua'a, Kona District, Island
of O'ahu at [TMK (1) 2-6-13: 1,3,4,7,8,9,11,12]
2. Request for Approval to
Enter into a Reburial Agreement with WBC CPR, LLC for the Human Skeletal
Remains Reinterred on their Property at Waikiki Ahupua'a, Kona District, Island
of O'ahu at [TMK (1) 2-6-002: 1,2,3]
3. Request for Approval to
Enter into a Reburial Agreement with BBC Corporation for the Human Skeletal
Remains Reinterred on their Property at Wai'alae Ahupua'a, Kona District, Island
of O'ahu at [TMK (1) 3-5-004: 015]
4. Request for Approval to
Enter into an In Situ Burial Agreement with Falko Partners, LLC for the Human Skeletal
Remains Found on their Property at Waipake Ahupua'a, Ko'olau District, Island
of Kauai [TMK (4) 5-1-03:06]
5. Request for Approval to
Enter into a Reburial Agreement with Jeffrey Borges, Martine Borges and Troy
and Jennifer Lindell for the Human Skeletal Remains Reinterred on their
Property at Waipouli Ahupua'a, Kawaihau District, Island of Kauai at [TMK (4)
4-3-009:049]
6. Request for Approval to
Enter into a Reburial Agreement with PMK Development, LLC for the Human
Skeletal Remains Reinterred on their Property at Nu'uanu Ahupua'a, Kona
District, Island of O'ahu at [TMK (1) 2-1-009: 11, 13, 18 and 2-1-010: 001,
004]
7. Request for Approval to
Enter into a Reburial Agreement with John and Deborah Mullins for the Human
Skeletal Remains Reinterred on their Property at Malaekahana Ahupua'a,
Ko'olauloa District, Island of O'ahu at [TMK (1) 5-6-001:018]
J. BOATING
& OCEAN RECREATION
1. Request
for Approval to Repeal Hawaii Administrative Rule, (HAR), 13-242-13
K. OFFICE OF CONSERVATION &
COASTAL LANDS
1. Conservation
District Use Application SSBN MA-07-04 for a Small-Scale Beach Nourishment
Project (Board Consent for Chair Approval), at Laulea Cove, Spreckelsville, Maui, Cirrus, LLC - TMK:
(2) 3-8-2:072
2. After-The-Fact
Conservation District Use Application OA-3431 for an Erosion Control Wall, for
the Completion of an Unfinished Portion of the Wall, and for On-Going
Maintenance of the Wall, along Ka`elepulu Stream, Kailua, Oahu, Mr. Read
Spencer - TMKs (1) 4-2-50:75 and (1) 4-2-49:87
3. Conservation
District Use Application OA-3433 for the Kaneohe Ranch & Castle Foundation
Administrative Complex Located at Castle
Junction, 1199 Auloa Road, Kailua, Oahu, Kaneohe Ranch and Castle Foundation -
TMK (1) 4-5-35:003
4. Conservation
District Use Application MA-3426 to Construct the Proposed Kapalua Coastal
Trail Project, Honolua and Honokahua Districts, Kapalua, Maui, Maui Land &
Pineapple Company - TMKs: (2) 4-2-004:010, 015, 016, 017, 032, 034
5. Request
for a Deviation from Conditions Previously Approved by the Board of Land and Natural
Resources Prohibiting Rental and/or Commercial Use on 14 Conservation District
Use Permits for Single Family Residences at Haena, Island of Kauai, Counsel
Randy Vitousek - TMK: (4) 5-9-002:018 Ann C. Harthorn/Edwin Cryer; (4)
5-9-002:021 Gary Bart; (4) 5-9-002:022 Apolonia & Gary D. Stice; (4)
5-9-002:035 Marcia-Toro/Carmen & Charo Rasten; (4) 5-9-002:039 Caroline
Simpson; (4) 5-9-002:041 E. Brian Smith; (4) 5-9-002:043 Barbara & Stephen
Baker; (4) 5-9-002:044 Udo Helferich; (4) 5-9-002:050 James S. Greenan; (4)
5-9-005:051 Diane & Willi Faye/Lindsey C. Faye/Diane D. Faye; (4)
5-9-002:061 Elizabeth Taylor Tiernan/William Van Dyk; (4) 5-9-003:046 Pieter S.
Myers; (4) 5-9-005:021 Caprise & Mark Moran; and (4) 5-9-002:052 Nan
Guslander/Whit & Hillary Preston
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" regarding the request
for deviation from the prohibition against rental and/or commercial use of the subject properties.
L. ENGINEERING
1.
Permission to Hire a
Consultant to Update the State Water Projects Plan
2.
Request for Authorization
to Hire Consultant(s) and Authorize the Chairperson to Negotiate Agreements
with a Consultant(s) to Conduct Hearings and Coordinate Work for the
Promulgation of Administrative Rules and Procedures as Required by the “Hawaii
Dam and Reservoir Safety Act of 2007,” Chapter 179D HRS – Dams and Reservoirs
M. OTHER
1.
Modification No. 1 to Lease
No. DOT-A-06-0016 U.S. Federal Aviation Administration Kona International
Airport at Keahole
2.
Issuance of Direct Lease –
Rotor Wing Hawaii, Inc., Lihue Airport, Kauai
ALL MATERIALS LISTED ON
THIS AGENDA ARE AVAILABLE FOR REVIEW IN THE DLNR CHAIRPERSON’S OFFICE OR ON THE
DEPARTMENT WEBSITE THE WEEK OF THE MEETING AT:
http://www.hawaii.gov/dlnr/chair/meetings/index.htm
INDIVIDUALS REQUIRING SPECIAL ASSISTANCE OR ACCOMMODATIONS
ARE ASKED TO CONTACT THE CHAIRPERSON’S OFFICE AT (808) 587-0400 AT LEAST THREE
DAYS IN ADVANCE OF THE MEETING.