HOUSE OF REPRESENTATIVES

H.C.R. NO.

166

THIRTY-FIRST LEGISLATURE, 2021

H.D. 2

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAPAA, KAWAIHAU, KAUAI, FOR CONSTRUCTION OF A SANDBAG GROIN 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 041; 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) 4‑3‑009:041 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, at its meeting 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, at its meeting on March 25, 2021, under agenda item D-3, the Board of Land and Natural Resources rescinded its prior action taken on February 14, 2020; approved the issuance of a revocable permit to replace the right-of-entry permit for the shoreline protection structure, beach nourishment activities, and installation of the sandbag groin; approved the grant of a twenty-five year non-exclusive easement to the Association of Unit Owners of Kauai Kailani; and required the Association to post a removal bond in the event that legislative approval is not secured for the sandbag groin; and

 

     WHEREAS, the subject area is about 1,764 square feet; and

 

     WHEREAS, the grantee is required to pay the State the fair market value of the easement, to be determined by an independent appraiser, as consideration for the use of public lands; 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 issue a term, non-exclusive easement covering a portion of state submerged lands located at Kapaa, Kawaihau, Kauai, and identified as Tax Map Key:  (4) 4-3-009:seaward of 041 for construction of a sandbag 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.

Report Title: 

State Submerged Lands; Kapaa, Kawaihau, Kauai; Tax Map Key:  (4) 4-3-009:seaward of 041