Bill Text: HI SCR113 | 2021 | Regular Session | Amended
Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Kapaa, Kawaihau, Kauai, For The Construction, Maintenance, And Repair Of A Temporary Sand Groin To Shelter Kuhio Beach From Nearshore Currents And Slow Littoral Drift.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-04-15 - The committee(s) on CPC recommend(s) that the measure be deferred. [SCR113 Detail]
Download: Hawaii-2021-SCR113-Amended.html
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THE SENATE |
S.C.R. NO. |
113 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 2 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAPAA, KAWAIHAU, KAUAI, FOR THE CONSTRUCTION, MAINTENANCE, AND REPAIR OF A TEMPORARY SAND GROIN TO SHELTER KUHIO BEACH FROM NEARSHORE CURRENTS AND SLOW LITTORAL DRIFT.
WHEREAS, a shoreline encroachment exists on certain property located on a portion of government land located seaward of Kapaa, Kawaihau, Kauai, and identified as Tax Map Key: (4) 4-3-009: seaward of 041; and
WHEREAS, the removal of a seventy-foot long concrete groin at the northern boundary of the proposed easement site in 2012 resulted in an increase of longshore littoral drift, which, in turn, exacerbated erosion so that approximately five hundred cubic yards of sand were transported away from Kuhio beach over a two-year period; and
WHEREAS, in response to the erosion, a temporary emergency erosion control structure (DLNR Ref: Emer. CDUA KA-17-16) was installed in 2017, with authorization from the Department of Land and Natural Resources, and repaired and lengthened in 2020; and
WHEREAS, the emergency erosion control structure was authorized to remain in place for a period of three years while a long-term solution could be implemented; and
WHEREAS, the Category II Small Scale Beach Nourishment application KA-19-3830 for the Kauai Kailani Groin and Sand Placement Project at Kapaa, Kauai, fronting Tax Map Keys: (4) 4-3-009:041 and (4) 4-3-008:017 was approved by the Department of Land and Natural Resources on June 4, 2019; and
WHEREAS, as part of the small-scale beach nourishment authorization, the emergency structure was authorized to remain in place until the initiation of the second nourishment effort, approximately three years following the initial nourishment; and
WHEREAS, the beach nourishment project proposed consists of one preliminary nourishment, followed by several smaller periodic nourishments over a ten-year period, ending on June 4, 2029; and
WHEREAS, the Association of Unit Owners of Kauai Kailani Condominiums subsequently applied for approval of the installation of a temporary sandbag groin structure and the placement of approximately 1,140 cubic yards of beach-quality sand sourced from the Waipouli Drainage Canal at Tax Map Key: (4) 4-3-008:017; and
WHEREAS, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands supported a disposition of a proposed shoreline easement to resolve the existing encroachment; and
WHEREAS, at its meeting on February 14, 2020, under agenda item D-3, the Board of Land and Natural Resources approved the issuance of an after-the-fact right-of-entry permit and the grant of a term, nonexclusive easement to Association of Unit Owners of Kauai Kailani Condominiums for the construction, maintenance, and repair of a temporary sand groin to run with the land and inure to the benefit of the abutting property; and
WHEREAS, at its meeting on March 25, 2021, under agenda item D-3, the Board of Land and Natural Resources rescinded its prior action of February 14, 2020, and approved the issuance of a revocable permit for the shoreline protection structure, beach nourishment activities, and installation of the sandbag groin; and
WHEREAS, the purpose of this revocation was to replace the right-of-entry permit dated February 24, 2020, with a revocable permit; and
WHEREAS, the Board of Land and Natural Resources approved the grant of the term, non-exclusive easement to the Association of Unit Owners of Kauai Kailani for the sandbag groin and required the association to post a removal bond in the event that legislative approval was not secured for an easement for the groin; and
WHEREAS, the March 25, 2021, board action increased the easement area to approximately 1,764 square feet; and
WHEREAS, the Board of Land and Natural Resources unanimously approved to add that the easement "term shall be amended to [twenty-five] years"; and
WHEREAS, there was no public opposition to the easement; and
WHEREAS, the subject area of approximately 1,764 square feet is subject to confirmation by the Department of Accounting and General Services' Land Survey Division; and
WHEREAS, the grantee will be required to pay the State the fair market value of the easement, as consideration for 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 Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (4) 4-3-009: seaward of 041, Kapaa, Kawaihau, Kauai, for the construction of a temporary sand groin pursuant to section 171-53, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and Chairperson of the Board of Land and Natural Resources.
State Submerged Lands at Kapaa, Kauai; Lease
