STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCES

Land DivisionHonolulu, Hawaii 96813

February 9, 2018

Board of Land and Natural Resources PSF No.: 17KD-133State of HawaiiHonolulu, Hawaii Kauai

Issuance of Right-of-Entry Permit to Hawaii Beach Volleyball Association for DinosaurBeach Volleyball Tournament at Kalapaki Beach, Lihue, Kauai, Tax Map Key: (4) 3-5-002:seaward of 002.

APPLICANT:

Hawaii Beach Volleyball Association, an Internal Revenue Code Section 501(c)(3)qualified nonprofit entity.

LEGAL REFERENCE:

Section 17 1-55, Hawaii Revised Statutes, as amended.

LOCATION:

Portion of Government lands of Kalapaki Beach, Lihue, Kauai, identified as seaward ofTax Map Key: (4) 3-5-002:002, as shown on the attached Exhibit A.

AREA:

8,112 square feet, more or less.(1,352 square feet per court, six courts for tournament)

ZONING:

State Land Use District: ConservationCounty of Kauai CZO: Urban

TRUST LAND STATUS:

Section 5(b) lands of the Hawaii Admission ActDHHL 30% entitlement lands pursuant to the Hawaii State Constitution: No

D-2

BLNR — ROE to Hawaii Beach Page 2 February 9, 2018Volleyball Association

CURRENT USE STATUS:

Vacant and unencumbered.

CHARACTER OF USE:

Beach Volleyball Tournament

TERM OF RIGHT-OF-ENTRY:

3-days. (March 16-18, 2018, between the hours of 7:00 am to 7:00 pm)

CONSIDERATION:

Gratis.’

CHAPTER 343 - ENVIRONMENTAL ASSESSMENT:

In accordance with Hawaii Administrative Rule Section 11-200-8 and the Exemption Listfor the Department of Land and Natural Resources concurred with by the EnvironmentalCouncil and dated June 5, 2015, the subject request is exempt from the preparation of anenvironmental assessment pursuant to Exemption Class No. 1, Item 51. See Exhibit D.

DCCA VERWICATION:

Place of business registration confirmed: YESRegistered business name confirmed: YESApplicant in good standing confirmed: YES

REMARKS:

Hawaii Beach Volleyball Association (HBVA) is requesting a right-of-entry permit for aDinosaur Beach Volleyball Tournament. The tournament is scheduled for March 16-18,2018 from 8:00 am to 5:00 pm. Set-up will be at 7:00 am and break down will becompleted by 7:00 pm.

HBVA states that no tents or spectator seating will be placed on the beach/State land byevents coordinators. The tents and chairs will be placed on the Marriott Hotel grounds.

Applicant has not had a lease, permit, easement or other disposition of State landsterminated within the past five years due to non-compliance with such terms andconditions.

‘Hawaii Beach Volleyball Association is an Internal Revenue Code Section 501(c)(3) qualified nonprofit entity. SeeExhibit B. A $120 entry fee collected from each team will be used to cover the expenses of the tournament. HawaiiBeach Volleyball Association will not realize any profit from the tournament. See Exhibit C for breakdown of thefees collected.

BLNR - ROE to Hawaii Beach

Volleyball Association

Page 3 February 9, 2018

The proposed activity is of a similar type and scope of beach activities that routinely hasoccurred and continues be held on this and other beaches across the State. Such activitieshave resulted in no known significant impacts, whether immediate or cumulative, to thenatural, environment and/or cultural resources in the area. As such staff believes that theproposed event would involve negligible or no expansion or change in use of the subjectarea beyond that previously existing.

Various government agencies and interest groups were solicited for comments.

State Agencies:

RECOMMENDATION: That the Board

Declare that, after considering the potential effects of the proposed disposition asprovided by Chapter 343, HRS, and Chapter 11-200, HAR, this project willprobably have minimal or no significant effect on the environment and istherefore exempt from the preparation of an environmental assessment.

2. Authorize the issuance of a right-of-entry permit to Hawaii Beach VolleyballAssociation covering the subject area for the Dinosaur Beach VolleyballTournament, under the terms and conditions cited above, which are by thisreference incorporated herein and further subject to the following:

A. The standard terms and conditions of the most current right-of-entrypermit form, as may be amended from time to time; and

B. Such other terms and conditions as may be prescribed by the Chairpersonto best serve the interests of the State.

DOH No response.Historic Preservation No response.OCCL No response.OHA No response.

County AgenciesCounty Planning No objections.Parks & Recreation No objections.

Others~ Kauai Marriott Resort No objections.

BLNR — ROE to Hawaii Beach Page 4 February 9, 2018Volleyball Association

Respectfully Submitted,

fr rt YasutakeLand Agent

APPROVED FOR SUBMITTAL:

Suzanne ). Case, Chairperson

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INTERNAL REV .~iJE SERVICE DEPARTMENT OF THE TRaASURYP. 0. BOX 2508CI?~CINNAT2, Oil 45201

Employer Zdentificaiiort NumberDarer JAN 1 2 ‘~ ~.~ DLN;

260 534 0 900 13 55HAWAII BEACh VoLLEYBAI.L AS OC]ATIOH Contact Pereon;2600 PUIsL.ANI WRY UNIT 802 CUS~CI’PR SERVICE !O~ 32954HONOLULU, HI 9~8l’3 0000 Contact.. Telephone Numbet

(8771 829-5500Accounting Period £r.ding.

Septecr~ber 30Publt.c Char~ty Stacu~509(a) (2)

Form 990/990 BZ/990 N Re,i~ed

8ff~~t.jvc Date of Exempt.~on:September 9, 2014

Contributi n Dcductibilit.yYet

Addendum AppliesNo

liea P.ppllcant;

We’re pleased to te..l you we dctorm~ncd you’re exempt froat fcdcrah incoec taxunder Internal Revenue Code (IRCI SectIon 501(c) (3). floflore can deductcontributions they make to you under !RC S~ct~on 170. Vourc also qualified toreceIve tax deductible bc’queeto. devisee. tranafers or gifts under Section2055. 2106. or 2522 ibis letter COuld help tenolvc 1est1ot~c 01 your exempt.

status. PLease keep it for your records.

Organtzations exempt ur.det IRC Settioii 502’c)(l( are further clasaifled aseither pubhi~ charities or private foundattonc We determined you’re ~a pt.blicchar~ty under the IRC Section 1i~ted at tie cop of this lettet

If we u-.dtcated at the top 01 this letter that you’re t~qu red ~o file Form990/990-EZ/990 N, our recordo show yowre req1.i~red to file an annual

formation return (Form 990 or Form 990-EEl 01 electronic notice (Form 999 N.thec Postcard). If you dOn’t file a reqinrecl return or notice for threeconeecutZve years, your exempt status will be aucoatat.icafly revoked

if we ind:cated at the top of Lhiu letter that an addenduir. applies, theenclosed addendum ~s an Integral part. of thic letter

For importatit. information about your responoibi1(ti~ as a tax-exemptorganization, go to www 1ro.gov/char~ticz. Enter 4221-PC in the search barto view Publication 4221 PC, Compliance Guide (or 502Cc (3) Public Charitle~,which describes your recordkceping, report2ng, and disclosure requ cements

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BLNR ROE to Hawaii Beach Page 8 February 9, 2018Volleyball Association

Hawaii Dinosaur Volleyball2018 Tournament Budget

Anticipated Income:

Entry Fees 45x $120 = $5400.00

Anticipated Expenses:

Shirts & Bags 2200.”Hats 750.00Music! Announcements 750.00Trophys & Engraving 600.00Balls 600.00Players Lunch 500.00Flags I Ball Stops 400.00Security i i.00Tents I Tables I Chairs 200.00Water! Gatorade 200.00Snacks and Ice 150.00Scoreboards 100.00Leaderboard 100.00

Total $ 6850.00

We are again looking for sponsors to help in offsetting some of our expenses.We currently do not have any hard money sponsors. As in years past, anyrevenues received that exceed our expenses will be donated to local youthvolleyball clubs. This years proceeds will be donated to HOOPA HAWAII. Allstaff will be donating their time for this event.

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STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCES

LAND DIVISION

POST OFFICE BOX 621HONOLULU, HAWAII 96809

EXEMPTION NOTIFICATIONRegarding the preparation of an environmental assessment pursuant to Chapter 343, HRS andChapter 11-200, HAR

Project Title: Issuance of Right-of-Entry Permit to Hawaii Beach VolleyballAssociation for Dinosaur Beach Volleyball Tournament.

Project Reference No.: 17KD-133

Project Location:

Project Descrip ion:

Chap. 343 Trigger s:

Exemption Class No.and Description:

Kalapaki Beach, Lihue, Kauai, Tax Map Key: (4) 3-5-002:seaward of 002.

Issuance of Right-of-Entry Permit to Hawaii Beach VolleyballAssociation.

Use of State Land

In accordance with Hawaii Administrative Rule Section 11-200-8 and the Exemption List for the department of Land andNatural Resources concurred with by the EnvironmentalCouncil and dated June 5, 2015, the subject request is exemptfrom the preparation of an environmental assessment pursuantto Exemption Class No. 1, Item 51, which states the “Permits,licenses, registrations, and rights-of-entry issued by theDepartment that are routine in nature, involving negligibleimpacts beyond that previously existing”.

In the past, permits were issued for similar type of events onthe beach in this area, which have resulted in no knownsignificant impacts to the natural and environmental resourcesin the area. As such staff believes that the proposed eventwould involve negligible or no expansion or change in use ofthe subject area beyond that previously existing.

BLNR ROE to Hawaii Beach Page 9Volleyball Association

DAVID Y. IG~GOV~NORCF HAWAII

February 9, 2018

SUZANNE D. CASECHAIRPERSON

BOARD OF LAND AND NATURAL RESOURCESCOMMISSION ON WATER RESOURCE

MANAGEMENT

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BLNR ROE to Hawaii Be Page 10 February 9, 2018Volleyball Association

Consulted Parties: Department of Health, Historical Preservation Division, Officeof Conservation and Coastal Lands, Office of HawaiianAffairs, Kauai County Planning Department, Kauai CountyParks & Recreation and Kauai Marriott Resort.

Recommendation: We recommend that the Land Board approve this project as itwill probably have minimal or no significant effect on theenvironment and is presumed to be exempt from thepreparation of an environmental assessment.