HOUSE OF REPRESENTATIVES             H.C.R. NO.74          
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                                
___________________________________________________________________
___________________________________________________________________


                     HOUSE CONCURRENT
                        RESOLUTION

AUTHORIZING THE LEASE OF BOTH FAST AND SUBMERGED LANDS AT
   KEAUHOU, NORTH KONA, ON THE ISLAND OF HAWAII TO A PRIVATE
   ENTITY FOR MAINTENANCE PURPOSES.



 1       WHEREAS, the subject lands being further described herein
 2   lie adjacent to Tax Map Keys:  7-08-12:40, 41, and 51 located
 3   in Keauhou, North Kona, Hawaii, on the seaward side of seawalls
 4   constructed thereon; and
 5   
 6       WHEREAS, in June, 1988, high storm surf severely damaged
 7   the seawalls abovementioned; and
 8   
 9       WHEREAS, Blue Chip Corporation (BCC), through its managing
10   agent, gunnited the outside (seaward) faces of the seawalls in
11   July, 1988, to stabilize the damage and during said application
12   some gunnite accidently slurried onto the rock outcrops below
13   the seawalls; and
14   
15       WHEREAS, BCC learned through its managing agent that it
16   received notices of a special management area violation from
17   the County of Hawaii and a violation from the Department of
18   Land and Natural Resources (DLNR) for application of gunnite
19   without a permit in July, 1988; and
20   
21       WHEREAS, the notice of violation from DLNR further
22   questioned whether any portion of the seawalls was located on
23   State owned fast and submerged lands and asked BCC to determine
24   if any encroachment existed; and
25   
26       WHEREAS, in March, 1993, BCC reached an agreement with
27   Public Access Shoreline Hawaii (PASH), the Kona Conservation
28   Group, and The Ocean Recreation Council of Hawaii (TORCH)
29   regarding conditions of settlement of the violations and
30   staining of the gunnite; and
31   
32       WHEREAS, in June, 1995, a Final Environmental Assessment
33   and Negative Declaration was published by the Office of
34   Environmental Quality Control, which determined staining the
35   gunnited areas in black would be the best mitigative solution;
36   and

 
Page 2                                                     
                                  H.C.R. NO.74          
                                                        
                                                        

 
 1       WHEREAS, in May, 1997, the state surveyor, DLNR's Hawaii
 2   land agent, and the deputy attorney general visited the subject
 3   site and inspected the wall locations, the gunniting, and the
 4   shoreline; and
 5   
 6       WHEREAS, correspondence from June, 1997 through May, 1998,
 7   resolved discrepancies in old Bishop Estate surveys and
 8   existing conditions resulting in agreement and a new map
 9   showing the boundaries, shoreline, and areas where gunnite ran
10   onto State owned firm and submerged lands which were further
11   described in metes and bounds as easement areas; and
12   
13       WHEREAS, this new map was submitted to the state surveyor
14   on June 6, 1998, for certification as conditioned in the
15   original violation; and
16   
17       WHEREAS, as the state surveyor awaits settlement of the
18   violation prior to certification of the subject map, both DLNR
19   and BCC are currently working out the final requirements of the
20   settlement which include disposition of State lands under
21   section 171-53, Hawaii Revised Statutes (HRS), in addition to
22   other requirements inclusive of a Conservation Use District
23   Permit; and
24   
25       WHEREAS, DLNR will require BCC to stain, both the wall
26   faces and areas of accidental encroachment of gunnite illegally
27   applied, immediately upon finalization of the violation and
28   periodically in the future, as DLNR sees fit; and
29   
30       WHEREAS, in accordance with section 171-53, HRS, the Board
31   of Land and Natural Resources (BLNR) may grant easements, for
32   maintenance purposes, to the firm and submerged lands subject
33   to the prior approval of the Governor and authorization of the
34   Legislature by Concurrent Resolution; and
35   
36       WHEREAS, the Legislature desires to enable the BLNR to
37   grant easements to certain fast and submerged lands at Keauhou,
38   North Kona, Hawaii, to the private sector for maintenance
39   (periodic staining) purposes; now, therefore,
40   
41       BE IT RESOLVED by the House of Representatives of the
42   Twentieth Legislature of the State of Hawaii, Regular Session
43   of 1999, the Senate concurring, that the BLNR is hereby
44   authorized to issue easements or leases to a private landowner
45   for fast and submerged lands in Keauhou, North Kona, Hawaii,
46   for the staining and periodic maintenance of gunnited areas, as
47   described by metes and bounds following, for maintenance
48   purposes pursuant to section 171-53, HRS; and

 
Page 3                                                     
                                  H.C.R. NO.74          
                                                        
                                                        

 
 1       BE IT FURTHER RESOLVED that said lands shall be described
 2   as Easements "A", "B", "C", "D", "E", and "F" and are
 3   particularly set forth in Exhibit "A" attached hereto and made
 4   a part hereof to which reference is hereby made; and
 5   
 6       BE IT FURTHER RESOLVED that certified copies of this
 7   Concurrent Resolution be transmitted to the Governor and the
 8   Chairperson of the BLNR. 
 9 
10 
11 
12                         OFFERED BY:  ____________________________