Bill Text: HI HCR64 | 2018 | Regular Session | Introduced

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Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands Seaward Of Tax Map Key: (2) 4-3-010:009 At Kahana, Lahaina, Maui, For Seawall And Rock Revetment Purposes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-13 - Referred to WAL/OMH, FIN, referral sheet 39 [HCR64 Detail]

Download: Hawaii-2018-HCR64-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	64
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS SEAWARD OF TAX MAP KEY: (2) 4-3-010:009 AT KAHANA, LAHAINA, MAUI, FOR SEAWALL AND ROCK REVETMENT PURPOSES.

 

 

     WHEREAS, the five condominium and hotel complexes along Kahana Beach in West Maui stretching from the Pohailani Condominiums to the Sands of Kahana have experienced serious shoreline erosion problems for many years; and

 

     WHEREAS, the long-term erosion rate of Kahana Beach is approximately 0.8 feet per year, and there appears to have been a net sand loss from the overall system over the decades so that the sand beach has been lost with increasing frequency; and

 

     WHEREAS, all five condominium and hotel complexes have obtained permits and approvals to install permanent or emergency protective measures to address the shoreline erosion; and

 

     WHEREAS, the Hololani Resort Condominiums, represented by the Association of Apartment Owners of Hololani (Hololani), is one of the condominium complexes located on Kahana Beach and received emergency authorization from the Department of Land and Natural Resources and the County of Maui in 2007 to install sand bags and erosion blankets; and

 

     WHEREAS, since that time, Hololani has completed a lengthy permit and approval process at the federal, state, and county levels to construct a long-term solution consisting of a steel sheet pile seawall and rock revetment (proposed project) that will be placed partially on state submerged lands; and

 

     WHEREAS, this permitting process included at least nine separate opportunities for the public and other government agencies to comment on the proposed project at various federal, state, and county agencies; and

 

     WHEREAS, on May 9, 2014, the Board of Land and Natural Resources approved a Conservation District Use Permit for Hololani's proposed project, after issuing a finding of no significant impact on the Hololani's environmental assessment and after conducting a public hearing on February 10, 2014; and

 

     WHEREAS, Hololani substantially modified the project to conform to conditions of the Conservation District Use Permit to minimize the use of submerged lands; and

 

     WHEREAS, on July 12, 2016, the County Planning Commission approved a Special Management Area Permit for Hololani's proposed project after conducting public hearings on April 26 and June 14, 2016; and

 

     WHEREAS, on January 12, 2018, the Board of Land and Natural Resources approved the issuance of a term, non-exclusive easement to Hololani for the use of state submerged lands for the proposed project; and

 

     WHEREAS, the easement area is approximately 6,128 square feet and will be finalized and subject to review and approval by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, Hololani shall pay the State the fair market value of the easement as consideration for the use of public lands and as determined by independent appraisal; and

 

     WHEREAS, Hololani has designed, permitted, and will construct public infrastructure and amenities in the form of a new, permanent public beach access stairway, and a new twenty-four-inch storm drain outlet within the easement area; 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 submerged public lands; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the Senate 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:  (2) 4-3-010: seaward of 009, Kahana, Lahaina, Maui, for the use, maintenance, repair, replacement, and removal of a steel sheet pile seawall and rock revetment; 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: 

DLNR; Term, Non-Exclusive Easement; Holalani Resort Condominiums; Seawall and Rock Revetment