HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
17 |
TWENTY-FIRST LEGISLATURE, 2002 |
S.D. 1 |
|
STATE OF HAWAII |
||
RESOLUTION
AUTHORIZING THE LEASE OF NON-EXCLUSIVE EASEMENT COVERING PORTION OF SUBMERGED LANDS AT MAUNALUA, OAHU, HAWAII, FOR MAINTENANCE OF THE HAWAII KAI MARINA ENTRANCE CHANNEL PURPOSES.
WHEREAS, prior to 1995, the Hawaii Kai Marina Association (HKMA) had been responsible for maintenance dredging of the entrance channel between the privately owned Hawaii Kai Marina and Maunalua Bay; and
WHEREAS, in 1995, the State Legislature appropriated $300,000 to dredge the entrance channel to the privately owned Hawaii Kai Marina via Act 218, Session Laws of Hawaii 1995; and
WHEREAS, the Department of Land and Natural Resources (Department), Division of Boating and Ocean Recreation (DOBOR) is implementing the legislative authorization to perform maintenance dredging of the entrance channel; and
WHEREAS, on February 27, 1998, the Department accepted a Conservation District Use Application (CDUA) from the applicant, DOBOR, to dredge the entrance channel and place approximately 6,500 cubic yards of dredged material on Portlock Beach; and
WHEREAS, a terminal sandbag groin would be constructed on the east side of the entrance channel to retain the sand and slow the rate of sand deposition in the channel; and
WHEREAS, the performance of the beach nourishment project would be monitored by DOBOR; and
WHEREAS, in October 1998, the applicant completed the final environmental assessment for the project and the Department issued a Finding of No Significant Impact to the environment; and
WHEREAS, the Department held a public hearing on June 1, 1999, in Honolulu, Oahu, on the CDUA; and
WHEREAS, at this public hearing, three oral requests for a contested case hearing were made; and
WHEREAS, within the required ten days following the hearing, two written petitions were submitted; and
WHEREAS, on July 9, 1999, the Board of Land and Natural Resources (Board) approved the request of one of the petitioners to be a party in the contested case hearing; and
WHEREAS, on October 26, 2000, HKMA was admitted as an intervenor to the contested case hearing; and
WHEREAS, in May 2001, the Findings of Fact, Conclusions of Law, Decision and Order was issued on the contested case hearing; and
WHEREAS, in the Decision and Order, the Board conditionally granted the applicant a Conservation District Use Permit for dredging the entrance channel subject to certain conditions; and
WHEREAS, the Board required that DOBOR enter into a written agreement with HKMA requiring HKMA to: (1) place $75,000 in escrow to be used for maintenance of the erosion control groin and; (2) apply for and obtain a non-exclusive easement from the Department for maintenance purposes for all future dredging of the entrance channel and the sandbag groin; and
WHEREAS, HKMA submitted an application for an easement on June 11, 2001; and
WHEREAS, on July 13, 2001, under agenda item D-26, the Board approved the issuance of a non-exclusive easement to HKMA for maintenance purposes; and
WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution, before submerged public lands may be leased; and
WHEREAS, in order to issue the easement document, all appropriate authorizations are required; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to lease a non-exclusive easement covering a portion of submerged lands at Maunalua, Oahu, Hawaii, for maintenance of the Hawaii Kai Marina entrance channel purposes pursuant to section 171-53, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.
Report Title:
Authorizes BLNR to lease a non-exclusive easement covering a portion of submerged lands at Maunalua, Oahu, for maintenance of Hawaii Kai Marina entrance channel.