STAND. COM. REP. NO. 1244

 

Honolulu, Hawaii

                  

 

RE:    S.C.R. No. 163

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam:

 

     Your Committee on Water and Land, to which was referred S.C.R. No. 163 entitled:

 

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF FOUR TERM, NON-EXCLUSIVE EASEMENTS COVERING PORTIONS OF STATE SUBMERGED LANDS AT STABLE ROAD BEACH, STABLE ROAD, SPRECKLESVILLE, WAILUKU, MAUI, FOR THE USE, MAINTENANCE, AND REPAIR OF FOUR EXISTING ROCK GROINS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to authorize the Board of Land and Natural Resources to issue four term, nonexclusive easements covering a portion of state submerged lands fronting the property identified as seaward of Tax Map Keys:  (2) 3-8-002:071, 074, 077, 078, and 094: Spreckelsville, Wailuku, Maui, for the use, maintenance, and repair of four existing rock groin structures.

 

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources and Stable Road Beach Restoration Foundation, Inc.

 

     According to testimony of the Department of Land and Natural Resources, the Stable Road Beach Restoration Foundation, Inc., worked with the Department, the County of Maui, other state agencies, and federal agencies to secure the necessary permits and approvals to construct four rock groins fronting the private properties identified above to address beach erosion.

 

     Your Committee finds that the Board of Land and Natural Resources approved the Office of Conservation and Coastal Lands Small Scale Beach Nourishment SSBN-MA-08-01 application under a State Programmatic General Permit in May 2009 to allow the Stable Road Beach Restoration Foundation, Inc., to install four temporary geo-tube groins and beach nourishment on the Stable Road Beach.  Other key permits were received, including a Special Management Area Exemption 2008/0453 and Shoreline Setback Approval 2008/0042 from the County of Maui in February 2009, a Water Quality Certification from the Clean Water Branch of the Department of Health, and the issuance of Revocable Permit No. S-7618 by the Land Division of the Department of Land and Natural Resources.  Under the approval of the Board of Land and Natural Resources, the grantees are required to pay the State the fair market value of the easements as consideration of the use of public lands to be determined by an independent appraisal.

 

     Your Committee has amended this measure by:

 

     (1)  Amending the title to correct a misspelling of Spreckelsville; and

 

     (2)  Making legislative approval contingent upon confirmation by a survey conducted by the Department of Accounting and General Services.

 

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 163, as amended herein, and recommends that it be referred to the Committee on Ways and Means, in the form attached hereto as S.C.R. No. 163, S.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Water and Land,

 

 

 

________________________________

LAURA H. THIELEN, Chair