HOUSE OF REPRESENTATIVES	H.C.R. NO.	166
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE AMENDMENT OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KaPAA, KAWAIHAU, KAUAI, FOR CONSTRUCTION OF A GROIN AND FOR SMALL-SCALE BEACH RESTORATION, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON.

 

 

 

        WHEREAS, certain property is 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 050; and

 

        WHEREAS, a shoreline encroachment exists on the property; and

 

        WHEREAS, in 2012, removal of a seventy-foot long concrete groin at the northern boundary of the site resulted in severe erosion in the area; and

 

        WHEREAS, the groin served to shelter the subject beach from nearshore currents which in turn served to slow littoral drift; and

 

        WHEREAS, removal of the groin 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 the subject beach over a two-year period; and

 

        WHEREAS, in response to the erosion, a temporary emergency erosion control structure was installed in 2017, with authorization from the Department of Land and Natural Resources, and in 2020, the emergency structure was repaired and lengthened; and

        WHEREAS, the emergency structure was authorized to remain in place for a period of three years while a long-term solution could be implemented; and

 

        WHEREAS, the small-scale beach nourishment project was approved by the Department of Land and Natural Resources on June  4, 2019 (DLNR Ref:  SSBN KA 19-3830); and

 

WHEREAS, as part of the small-scale beach nourishment authorization, the emergency erosion control structure (DLNR  Ref:  Emer. CDUA KA-17-16) was authorized to remain in place until the second nourishment effort is initiated, approximately three years following the initial nourishment; and

 

        WHEREAS, the proposed long-term solution was developed by a consultant to the Association of Unit Owners of Kauai Kailani Condominiums, which subsequently applied for approval of the installation of a temporary sandbag groin structure and 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 sand intended to be used for the fill is compatible with the existing beach following the Guidelines for SSBN Cat II General Application of the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources; and

 

        WHEREAS, beach nourishment is proposed to take place over one preliminary nourishment, followed by several smaller periodic nourishments to ensue over a ten-year period; and

 

        WHEREAS, the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources recommended that the Chairperson of the Board of Land and Natural Resources approve 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:   50 and (4) 4-3-008:017; and

 

        WHEREAS, as a result, the evaluation criteria of the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources supported a disposition of shoreline encroachment by the issuance of an easement; and

 

        WHEREAS, on February 14, 2020, under agenda item D-3, the Board of Land and Natural Resources approved the issuance of a right-of-entry permit for the construction, maintenance, and repair of a temporary emergency erosion control structure to the Association of Unit Owners of Kauai Kailani; and

 

        WHEREAS, the subject area is about 1,764 square feet, which will be reviewed and approved 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 House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, 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 Kapaa, Kawaihau, Kauai, and identified as Tax Map Key:  (4) 4-3-009:seaward of 050 for construction of a groin 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 certified copies of this Concurrent Resolution be transmitted to the Governor and Chairperson of the Board of Land and Natural Resources.

 

 

 

OFFERED BY:

_____________________________

Report Title:  

State Submerged Lands at Kapaa, Kauai; Lease