Hawaii-2019-HCR110-Introduced

WHEREAS, the property is located on a portion of government land located seaward of Spreckelsville, Wailuku, Maui and identified as Tax Map Key: (2) 3-8-002:seaward of 001; and

WHEREAS, a shoreline encroachment exists on the property and the encroachment consists of a boulder revetment, concrete rubble masonry (CRM) wall, and CRM steps; and

WHEREAS, portions of the CRM wall, CRM steps, and the entire boulder revetment are identified seaward of the record property boundary for the property; and

WHEREAS, according to an engineering analysis conducted to evaluate the necessity of the boulder revetment to support the CRM wall fronting the property, the revetment does not appear to be an engineered revetment because smooth, possibly natural, basalt boulders were used rather than rough, angular quarry stone, and the smooth boulders were placed randomly rather than keyed and fitted; and

WHEREAS, randomly placed smooth boulder stones are less stable and more likely to be displaced by waves than a properly constructed and maintained revetment; and

WHEREAS, according to the engineering analysis, the boulder revetment partially absorbs wave energy before the wave energy impacts the face of the CRM wall, and removal of the revetment may put the CRM wall at a greater risk of failure due to increased wave impact forces; and

WHEREAS, the boulder revetment influences the coastal dynamics of Sugar Cove and may partially stabilize Sugar Cove Beach by reducing wave reflection off the CRM wall, thereby absorbing incoming wave energy and impacting current circulation; and

WHEREAS, the Office of Conservation and Coastal Lands (OCCL) of the Department of Land and Natural Resources determined that removing the encroachment would effectively be impossible and unnecessary because the encroachment has been in place for over ninety years and has not impeded any public access throughout this time period; and

WHEREAS, the OCCL also determined that removing the encroachment would not improve beach access nor beach processes because the existing encroachment does not affect present conditions, but in fact, improves these conditions in that it provides for safe public access and protection from storms, high waters, and surf; and

WHEREAS, as a result, the OCCL's evaluation criteria supported a disposition of shoreline encroachment by the issuance of an easement; and

WHEREAS, on September 22, 2017, under agenda item D-7, the Board of Land and Natural Resources approved the issuance of a fifty-five year term, non-exclusive easement to Seaview 2004, Inc., for the resolution of encroaching seawall purposes for an original area of 1,128 square feet, more or less, subject to review and approval by the Department of Accounting and General Services' Survey Division, and imposed a fine of $500 against the grantee for the illegal encroachment; and

WHEREAS, S.C.R. No. 80, S.D. 1, Regular Session of 2018, authorized the leasing of submerged lands, which was followed by the Governor's approval in accordance with section 171-53, Hawaii Revised Statutes; and

WHEREAS, subsequent to the approval on September 22, 2017, the Department of Accounting and General Services' Survey Division finalized the easement map that showed an area of 2,206 square feet for the encroachment, which is an increase of 1,078 square feet; and

WHEREAS, on December 14, 2018, under agenda item D-12, the Board of Land and Natural Resources amended the Board's September 22, 2017, action to increase the area of the easement from 1,128 square feet, more or less, to 2,206 square feet, more or less; and

WHEREAS, the grantee will be required to pay the State the fair market value of the easement as consideration of the use of public lands to be determined by an independent appraiser; and

WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to lease state submerged lands; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to amend a term, non-exclusive easement covering a portion of state submerged lands located seaward of Spreckelsville, Wailuku, Maui and identified as Tax Map Key: (2) 3-8-002:seaward of 001 for the existing seawall and boulder revetment and for use, repair, and maintenance of the existing improvements constructed thereon pursuant to section 171-53, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

	OFFERED BY:	_____________________________

Report Title:

Term, Non-Exclusive Easement; Legislative Approval; Seawall; Wailuku; Maui

HOUSE OF REPRESENTATIVES	H.C.R. NO.	110
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII