D-6TMK: (1) 4-5-058:seaward of 030 Subject Property t~.1 ‘•~ EXHIBIT A 1~ 1~...

STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCES

Land DivisionHonolulu, Hawaii 96813

April 27, 2018

Board of Land and Natural Resources PSF No.: 170D-095State of HawaiiHonolulu, Hawaii OAHU

Grant of Term, Non-Exclusive Easement to Shea Alan Sutton for Pier and SeawallPurposes; Kaneohe, Koolaupoko, Oahu, Tax Map Key: (1) 4-5-058:seaward of 030

APPLICANTS:

Shea Alan Sutton, a single man.

LEGAL REFERENCE:

Sections 17 1-6, 13, 17, and 53(c), Hawaii Revised Statutes, as amended.

LOCATION:

Portion of Government land located seaward of Kaneohe, Koolaupoko, Oahu, identified byTax Map Key: (1) 4-5-05 8:seaward of 030, as shown on the attached map (Exhibit A).

AREA:

1. Pier - 302 square feet, more or less;2. Seawall — to be determined; further subject to review and approval by the Department

of Accounting and General Services, Survey Division.

ZONING:

State Land Use District: ConservationCity & County of Honolulu LUO: R-5 [for the abutting private property]

TRUST LAND STATUS:

Section 5(b) lands of the Hawaii Admission ActDHHL 30% entitlement lands pursuant to the Hawaii State Constitution: No

CURRENT USE STATUS:

Unencumbered with encroachments.

D-6

BLNR - Easement - Sutton Page 2 April 27, 2018

CHARACTER OF USE:

Right, privilege and authority to use, repair, and maintain existing pier and seawall over,under and across State-owned land.

COMMENCEMENT DATE:

To be determined by the Chairperson.

CONSIDERATION:

One-time payment to be determined by independent appraisal establishing fair market rent,subject to review and approval by the Chairperson.

EASEMENT TERM:

Fifty-five (55) years

CHAPTER 343 - ENVIRONMENTAL ASSESSMENT:

In accordance with Hawaii Administrative Rule Sections 11-200-8 and the Exemption Listfor the Department of Land and Natural Resources approved by the Environmental Counciland dated June 5, 2015, the subject request is exempt from the preparation of anenvironmental assessment pursuant to Exemption Class No. 1, Item 46 that states “Creationor termination of easement, covenants, or other rights in structures or land”. See exemptiondeclaration attached as Exhibit B.

DCCA VERIFICATION:

Not applicable.

APPLICANT REQUIREMENTS: Applicants shall be required to:

1. Provide survey maps and descriptions according to State DAGS standards and atApplicants’ own cost;

2. Pay for an appraisal to determine one-time payment; and3. Obtain concurrent resolution from the Legislature pursuant to 17 1-53 (c), HRS.

REMARKS:

In June 2017, the previous owners, Nicholas and Amy Denzer, worked with the Office ofConservation and Coastal Lands (OCCL) to resolve a pier encroachment by submitting theShoreline Encroachment Information questionnaire. OCCL noted in its response letter thatupon review of the information provided in the questionnaire, the pier was in existence in1961, prior to the advent of the State Land Use Conservation District, and that it is nonconforming. OCCL supported a disposition for the encroachment. A copy of OCCL’ s letterdated July 21, 2017 is attached as Exhibit C.


Staff discussed the shoreline proposed by the applicant’s surveyor as shown on Exhibit D-1to D-2 with the DAGS Survey Division. The proposed shoreline appears to be acceptable fora shoreline certification purpose. However, during a subsequent site inspection portions ofthe abutting seawall appeared to be Makai of the shoreline~’1 and may also be encroachingonto State lands (Exhibit D-3 to D-5). Staff will continue to work with the applicant or hissurveyor to finalize the easement area, which will be further subject to review and approvalby DAGS Survey Division.

In July 2017, the abutting property was sold to the applicant. The applicant expressed adesire to continue pursuit of the easement. In light of this, based on OCCL’s support, staffrecommends the disposition of the shoreline encroachment abutting the Applicant’s propertythrough an easement. Staff requests that the Board authorize the granting of a term, non-exclusive easement for the pier and seawall.

Pursuant to the Board’s action of June 28, 2002, under agenda item D-17, which establishedcriteria for imposing fines for encroachments, a fine of $500 is to be imposed if theencroachment is over 100 square feet. Therefore, staff recommends that a fine of $500 beimposed by the Board.

The Department of Accounting and General Services — Survey Division provided a commentthat the easement should include all portions of the seawall that is located seaward of theproperty boundary and/or shoreline.

The Department of Planning and Permitting and the Department of Facility Maintenancehave no objections, and the Board of Water Supply has no objections and no comments to therequest and the proposed environmental assessment exemption declaration.

The State of Hawaii Historic Preservation Division and the Office of Hawaiian Affairs didnot respond to the request for comments.

RECOMMENDATION: That the Board:

1. Declare that, after considering the potential effects of the proposed disposition asprovided by Chapter 343, HRS, and Chapter 11-200, HAR, this project will probablyhave minimal or no significant effect on the environment and is therefore exemptfrom the preparation of an environmental assessment.

2. Assess a fine of $500, under Section 17 1-6, HRS.

3. Authorize the subject requests to be applicable in the event of a change in theownership of the abutting parcel described as Tax Map Key: (1) 4-5-058:030 whensuch change in ownership occurs prior to the execution of the requested easement,provided the succeeding owner has not had a lease, permit, easement or other

[1] On Exhibit D- I, the shoreline is proposed at top of the seawall, which would render portions of the wall makai ofsuch shoreline as shown on the photos attached as Exhibits D-3 to D-5 encroaching on State lands.


disposition of State lands terminated within the last five (5) years due to noncompliance with such terms and conditions.

4. Subject to the Applicants fulfilling all of the Applicant Requirements listed above,authorize the issuance of a term, non-exclusive easement to Shea Alan Suttoncovering the subject area for encroachment purposes under the terms and conditionscited above, which are by this reference incorporated herein and further subject to thefollowing:

A. The standard terms and conditions of the most current term shorelineencroachment easement document form, as may be amended from time totime;

B. The easement shall run with the land and shall inure to the benefit of the realproperty described as Tax Map Key: (1)4-5-058:030, provided however: (1)it is specifically understood and agreed that the easement shall immediatelycease to run with the land upon the expiration or other termination orabandonment of the easement; and (2) if and when the easement is sold,assigned, conveyed, or otherwise transferred, the Grantee shall notify theGrantor of such transaction in writing, and shall notify Grantee’s successorsor assigns of the insurance requirement in writing, separate and apart from theeasement document;

C. Approval by the Governor and concurrence from the Legislature pursuant to17 1-53 (c), HRS;

D. Review and approval by the Department of the Attorney General;

E. Such other terms and conditions as may be prescribed by the Chairperson tobest serve the interests of the State; and

F. Any shoreline hardening policy that may be adopted by the Board prior toexecution of the grant of easement

~~tt;LShoreline Disp~,ycon Specialist

APPROVED FOR SUBMITTAL:

zann D. Case, Chairperson


TMK: (1) 4-5-058:seaward of 030

Subject Property

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EXHIBIT A

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EXEMPTION NOTIFICATIONRegarding the preparation of an environmental assessment pursuant to Chapter 343, HRS andChapter 11-200, HAR

Project Title: Easement for pier and seawall purposes

Project / Reference No.: PSF 170D-095

Project Location: Kaneohe, Koolaupoko, Oahu, Tax Map Key: (1) 4-5-058:seaward of030.

Project Description: Issuance of term, non-exclusive easement for pier and seawall areapurposes.

Chap. 343 Trigger(s): Use of State Land

Exemption Class No.: In accordance with Hawaii Administrative Rule Sections 11-200-8and the Exemption List for the Department of Land and NaturalResources approved by the Environmental Council and dated June 5,2015, the subject request is exempt from the preparation of anenvironmental assessment pursuant to Exemption Class No. 1, Item46 that states “Creation or termination of easement, covenants, orother rights in structures or land”.The applicant is not planning on conducting major change to theexisting topographical and vegetation condition at the subjectlocation. As such, staff believes that the request would involvenegligible or no expansion or change in use of the subject areabeyond that previously existing.

Consulted Parties Agencies as noted in the submittal.

Recommendation: That the Board finds this project will probably have minimal or nosignificant effect on the environment and is presumed to be exemptfrom the preparation of an environmental assessment.

EXHIBIT B


Tj% ‘~‘

•~‘ue-’~ar IL.~.Jf

Waialua, HI 96791

SUBJECT: Repair and Rebui[thn~ of a Pier I, ocated at

Twc Map Key ii 4-%-O5StJ30

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NE) WVISr(~: LflfiAkqLIj14fl~,%- - r~sr :arrt

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tflkTflt.%Nt’C’Z.?~ FflhLsfl~4Jt~t41’~ C~kC1tVt3ê~S

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Kane ‘ohe,

Dear Mr. Vet zer

The Office of Consen anon and Coastal Lands (OCCL~ is in receipt of your inibrmarion packerregarding the subject picr According to the informalion provided, you purchase4 the subjectproperty in ~‘i)O6 41 the time, the pier ~as already deteriorated, but the pilings were stillpres’~nt. The’relore, you decided to repair the pilings and rep .ice the wooden deck. Alsopros ided ~\ere sel.era ae a] photographs sho½lng that the pier v~as in existence sometime priorto 196

The OUt I notes thai the pier is located on submerged Lands and is, therefore, located ~¼ithin theResource subzone of the State Land Use Conservation District. Iii addition, as the pier ~as inexistence in 1961, prier Lu the achent of the State Land Use Consenatiun District. it appears that thepier is a non-conforming 5tructure. l’l~se work with the Land Division to obtain an casement for thesubject pier

Should you have an> questions regarding this correspondence, please contact I dureri Yssaka ofour Office at (W)~) 587-03S6.

c ODLOc&C DF’P

Sincerely,

— J. Lemma A inistralorOffice of C onsen’atio~n and Coastal I ands

EXHIBIT C

(*4\

Ret; CICUL: I-Y

Mr. Nick Detrzer

STATE OF HAWAII -

DEPARTMENT OF lAND ANT’ NATURAL RLS~DI RCIS;

OFFICE OF CONSERVATION AND COASTAl. I ASD5POST OFTICI3 sox 621

ll(xNOLijijJ, HAWAII 96109

CORL CA IS 16

JUL 21201?


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Shoreline folIo~s a ong —

the tap of rock walF~11/9/2017

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‘~1~ONYD. COKLICENSED PROFESSIONAL LAND SURVEYOR

CERTIFICATh No 1~O94

Lot 29

)65~OO

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ResidenceLo~ 3Q50W S.F.

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c1 31

SHORELINE MAP

LOT 30MAP 1. LAND COURT CONSOLIDATION 51

AT PUNAL1JU, KANEOH~, KOOI.AUPOKO,ND COUNTY OF HONOLULU STATE OF HAWA I -

NAP DATED~ November 26. 2017 TMK(1) 4—5—058—030

EXHIBIT D-1


Lot 29

‘65~00

UI

-— 96.00

Shoreline follows alongthe top of rock wulE~11/9/2017

Proposed Easement(302 sq.rt)

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Fo Nail

THIS

MY

IONY D. C’OKUCENS~I) PROFESSIONAL LAND SURVEYOR

CERTIFICATE No LW94

Ct)0

(0

ResoenceLot .30.5010 S.F. V

97,00

Lot 31

SHORELINE MAP

LOT 30MAP 1, LAND COURT CONSOLIDATION 51

AT PUNALUU, KANEOHE, KOO1.AUPOKO,D COUNTY OF HONOLULU STATE OF HAWAII

MAP DATED; November 26, 2017 - m4K(I) 4—5—058—030

Note: Blue line ( ) indicates pier encroachment area.

EXHIBIT D-2

BLNR - Easement - Sutton

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Page 10

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April 27, 2018

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Photo looking east.

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Photo looking west.

EXHIBIT D-3


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Photo looking northwest along the face of the seawall.

Photo looking southwest along the face of the seawall.

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EXHIBIT D-4


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EXHIBIT D-5

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Photo looking north along the seawall.

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