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STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCES
Land Division
Honolulu, Hawaii 96813
February 26, 2016
Board of Land and Natural Resources
State of Hawaii PSF: 1 3KD-016Honolulu, Hawaii Kauai
Amend Prior Board Action of May 22, 2015, Item D-4, Grant of Term, Non-
Exclusive Easement to Uluwehi, Inc. for Access and Utilities Purposes, Waioli,
Hanalei, Kauai, Tax Map Keys: (4) 5-5-008:002 and (4) 5-6-002:001.
The Purpose of the Amendment is to include Easement Term ofFifty-five (55) years
to the Board Submittal.
BACKGROUND:
On May 22, 2015, under Item D-4, the Board approved Grant of Term, Non-Exclusive Easement to
Uluwehi, Inc. for Access and Utilities Purposes. Staff inadvertently omitted the easement term of
fifty-five (55) years.
REMARKS:
Appraisal Section of Land Division noticed the omission. This information is to be used by the
selected appraisal firm in determining a one-time payment for the term easement.
RECOMMENDATION: That the Board:
1. Amend its prior Board action of May 22, 2015, under agenda item D-4 by adding
Easement Term ofFifty-five (55) years.
2. All terms and conditions listed in its May 22, 2015 approval to remain the same.
Respectfully Submitted,
^[arvin Mikasartstrict Land Agent
D-4
BLNR - Amend Board Submitfcal Page 2 February 26, 201613KD-016
APPROVED FOR SUBMTTTAL:
tyS,c.^U .SuzanneZ). Case, Chairperson
STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCES
Land Division
Honolulu, Hawaii 96813
May 22, 2015
Board of Land and Natural Resources PSF No.: 13KD-016State of Hawaii
Honolulu, Hawaii Kauai
Grant of Term, Non-Exclusive Easement to Uluwehi, Inc. for Access and Utilities
Purposes, Waioli, Hanalei, Kauai, Tax Map Keys: (4) 5-5-008:002 and (4) 5-6-002:001.
APPLICANT:
Uluwehi, Inc., a Hawaii corporation
LEGAL REFERENCE:
Section 171-13 and 55, Hawaii Revised Statutes, as amended.
LOCATION:
Portion of Government lands of Waioli situated at Waioli, Hanalei, Kauai, identified byTax Map Key: (4) 5-5-008:002 and (4) 5-6-002:001, as shown on the attached mapslabeled Exhibit A.
AREA:
19,028 square feet, more or less.
ZONING:
TMK: (4) 5-5-008:002State Land Use District: agriculturaVconservationCounty of Kauai CZO: agricultural/open
TMK: (4) 5-6-002:001State Land Use District: conservation
County of Kauai CZO: open APPROVED BY THE BOARD OF
LAND AND NATURAL RESOURCESAT ITS MEETING HELD ON Ly-'
MA^/ 2Z,-2^)15 _LA£L
BLNR-Issuance of Easement Page 2 May 22, 2015
to Uluwehi, Inc.
TRUST LAND STATUS:
Section 5(b) lands of the Hawaii Admission Act
DHHL 30% entitlement lands pursuant to the Hawaii State Constitution: NO
CURRENT USE STATUS:
Encumbered by Grant of Non-Exclusive Easement bearing Land Office Deed No. S-
28,292 to Glenn I. Kobayashi, Christine Y. Kobayashi and Joseph N. Kobayashi foraccess and utility purposes.
CHARACTER OF USE:
Right, privilege and authority to construct, use, maintain and repair a right-of-way over,under and across State-owned land for access and utility purposes.
COMMENCEMENT DATE:
To be determined by the Chairperson. |
CONSIDERATION: I8?-
Applicant is the owner of Tax Map Key: (4) 5-5-008 : 004, which is further identified as being
a portion of the Government Ahupuaa ofWaioli sold to Keala under Royal Patent Grant No.1946 dated January 17, 1856. Therefore, staff is recommending the consideration be a one- i
time payment to be determined by independent appraisal establishing fair market value, Isubject to review and approval by the Chairperson.
CHAPTER 343 - ENVIRONMENTAL ASSESSMENT:
In accordance with the "Division of Land Management's Environmental Impact StatementExemption List", approved by'the Environmental Council and dated April 28, 1986, thesubject request is exempt from the preparation of an environmental assessment pursuant to
Exemption Class No. 1, "Operations, repairs or maintenance of existing structures, facilities,
equipment or topographical features, involving negligible or expansion or change of usebeyond that previously existing"
DCCA VERIFICATION:
Place of business registration confirmed: YESRegistered business name confirmed: YES
Applicant in good standing confirmed: YES
BLNR - Issuance of Easement Page 3 May 22, 20 15
to Uluwehi, Inc.
APPLICANT REQUIREMENTS:
Applicant shall be requu-ed to:
1) Pay for an appraisal to determine one-time payment;
2) Provide survey maps and descriptions according to State DAGS standards and at
Applicant's own cost;
3) Obtain a title report to ascertain ownership, where necessary, at Applicant's owncost and subject to review and approval by the Department;
REMARKS:
Uluwehi, Inc. (Applicant) is the owner of Tax Map Key: (4) 5-5-008:004 (Parcel 4), which isfurther identified as being a portion of the Government Ahupuaa of Waioli sold to Kealaunder Royal Patent Grant No, 1946 dated January 17, 1856. See Exhibit C.
Applicant requested an easement for access and utility purposes to inure to the benefit ofParcel 4 over State lands identified as TMK: (4) 5-5-008:002 and (4) 5-6-002:001. Applicanthas received approval for an After-The-Fact Conservation Use Permit from the Department
of Land and Natural Resources, Office of Conservation and Costal Lands (OCCL) for accessand utility easement over State-owned land identified as TMK (4) 5-5-008:002. See Exhibit
D. The access and utility easement request is an extension of (and inclusive of) easements Aand B granted by the Board under Land Office Deed No. S-28,292. A copy of C.S.F. MapNo. 22,726 from that grant is included in Exhibit A.
Applicant has not had a lease, permit, easement or other disposition of State lands terminatedwithin the last five years due to non-compliance with such terms and conditions.
Comments were solicited from the agencies identified below with the results indicated.
State Agencies:
DOHDLNR - DOFAWDLNR - Historic Preserv.
DLNR - OCCLOHA
No response by suspense date
No comments
Archeological survey done
CDUP on fileNo response by suspense date
County Agencies
County Planning
Public WorksDept. of Water
No objections
No comments
No response by suspense date
BLNR - Issuance of Easement Page 4 May 22, 2015
to Uluwehi, Inc.
Staff has no objections to the request.
Staff believes that the recommended action qualifies for an exemption from the preparationof an environmental assessment because the easement alignment or portions of it have been
used by residents of this area for some time, such as the Kobayashi family under LOD S-28,292. Such use has resulted in no known significant impacts, whether immediate orcumulative, to the natural, environmental and/or cultural resources in the area. As such, staff
believes that the proposed use would involve negligible or no expansion or change in use ofthe subject area beyond that previously existing.
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. Authorize the subject requests to be applicable in the event of a change in theownership of the abutting parcel described as Tax Map Key: (4) 5-5-008:004,provided the succeeding owner has not had a lease, permit, easement or other
disposition of State lands terminated within the last five (5) years due to non-compliance with such terms and conditions.
3. Subject to the Applicant fulfilling all of the Applicant requirements listed above,
authorize the issuance of a term, non-exclusive easement to Uluwehi, Inc. covering
the subject area for access and utility purposes under the terms and conditions citedabove, which are by this reference incorporated herein and further subject to thefollowing:
A. The standard terms and conditions of the most current term, non-exclusive
easement document form, as may be amended from time to time;
B. The easement shall run with the land and shall inure to the benefit of the real
property described as Tax Map Key: (4) 5-5-008:004, provided however: (1)it is specifically understood and agreed that the easement shall immediately
cease to run with the land upon the termination or abandonment of the
easement; and (2) if and when the easement is sold, assigned, conveyed, orotherwise transferred, the Grantee shall notify the Grantor of such transactionin writing, and shall notify the Grantee's successors or assigns of the
insurance requirement in writing, separate and apart from this easement
document;
C. Review and approval by the Department of the Attorney General; and
BLNR - Issuance of Easement Page 5 May 22, 2015
to Uluwehi, Inc.
D. Such other terms and conditions as may be prescribed by the Chaiipersonto best serve the interests of the State.
Respectfully Submitted,
)W^[arvin Mikasa
District Land Agent
APPROVED FOR SUBMTTTAL:
i^l,} Ct-^Suzarm^f). Case, Chai^erson
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Subject Parcel, "PARCELS'TMK: (4) 5-5-08: 3
fOR. of WAIOtl . HAMALB . KAUAI
08
EXHIBIT" A "
' " 7MK 5-5-0&.02,i Stabs of Hawal
EA5B^a^• OVER. STATE LWD PEH. \TW 16,K-^&^^sK^.\ SOECU-E B OF TTILE K?UKI
EASOCff FURUWSS)
EAEB-Btr PBl DOC,. 'tt-WKS » TM61822
EAS&Sff PS? DOC. <l7-16[824, <n-16[&.S « •0-161620
MAT&HLINE
PRB'ARB) FOR.JASON ST/MEf95Sq XmilBTON CT.Bisae.oR'nAos
SEPTBVER 2, 2010
MAP OF EXISTINS
A(^ES5 EASEMENTSTO
R.P. 1440L.&. Aw. 1274=1to KAHALELOA
AT WAIOLI, HANALEI, KAUAI, HAWAII 200
Wagnsr EnghBorIng SorvlEes, Inc..
P.O. Box S5» /teio/rf H/ SS714 (SOS) B2S-72S6erqphto 5cols n Feot
WKWS-S-OOt 5^-02 rojaet tto. +04 J
Grant 1953:1lo Noweli0.41 Acre
R. P. 53731451.03 S L. C. Aw. 8196:1.1489.30 V/ to Hakui"PAPALIHALA'A
PARCEL 39.0.418 Acre
EASEMENT(2B32 Sq. Ft.)
2^,726.
(2211 Sq.HJC.S.F. 22,7260^'^
•'^.^TMK 5-6-02:01State of Hawaii
[owner)
TMK 5-5-08:02State of Hawaii
owner)EASEMENT 0
(12' WIDE, 11,802 Sq, Ft.)
^^1'^
GRANT 1946'to KEALA
'2027.73 S^2952.61 W"PAPALIHAL/EASEMENT AU-
(0.210 Ac.)20' WIDEACCESSANDUHLITV EASEMENT
GRANT_88to KOI
3.927 AcresEASEMENT F-y
(12' Wt, 597 Sq. Ft.)
EASEMENT E-(12' WIDE, 6,629 Sq. Ft.)
R.P. 5263LC'.'Aw. B12+:1
"to HELEPALALE1.66 Acres
R.P. 7440L.C.Aw.9274:io KAHALELO
L26-
L25
EASEMENT DCOURSI
LIL2L3L4
L5L6L7L8L9LIOLllL12U3L14Lt5us117
LIBL19L20L21L22L23L24L25L26L27L28L29L30UlL32L53U4L35L36
)IRECTIONi23'00'i52'00'i2'30''3'00'
lO'OO'
H'34'
i5'00'
ir53'30"B'09'30"
i48'01'30"
187'53'30"
'59-28'10"
31'02'50"
53'23'55"75'45'93'22'iO"
11W4'27'
31'00'
13'22'30"
5-45'
3'23'55"
)'02'50"
i'28'10")7'53'30"iB'01'30"
!B'09'30"H'53'30"
i5'00'
!1'34'lO'OO'
i3-00'
2'30'
'2'00'
3'00'
7'00'
11STANCE
141.3)19.80i0.5316.06
)9.43t3.66i6.98'7.14
'0.75
;2.550.62
'6.15
i6.98
i9.97
;2.261.41)
3.776.532.40
4.222.26
3.85
S.9B7.58).62i.36'.19
'.87
t.85S.13'.76
1.50
1.94
i.70
•0.41
.46
UDIU
i2.00
.3.00
10.00
12.00
2.00
0.00
D.OO
2.00
5.00
1.00
EASEMENTCOURSEL47L48L49L50L51L52L53L54L55L56
L57L5BL59L60L61L62L63L64
DIRECTION3inr345-51'50"
354-40'259'40'23+'06'30"222'08'15"
r.i4'25"
54'06',SO"
79-tO'
354-40'
353TO'!04'42'19'?'oo'
126-44'52"17J09'174'40'
I65'51'50"
17;S'09'
DISTANCE14.48
62.98
36.22
17.7269.0316.4518.2079.1118.77166.02IOIJ1i2.3812.34i8.07101.47'13.52
14.56!9.64
RADIUS
80.0035.00
32.00
S5.00
17.00
EASEMENT FCOURSEL65L66L67L68
DIRECTION277'04'OS"354'23'97'04'09"
171'00'
DISTANCE50.0912.300.33
12.49
PREPARED FOR:THOIUS IHOMPS&IP.O. BOX 255<X7SMiRAUENTO. CA 95855-51)67
SEPTEMBER 10, 200]
'00. 0
Graphic Scale in FeetWagner Engineering
MAP DESIGNATINGEASEMENT ^D,_E, _and_FFOR ACCESS AND liTILITf PURPOSES
AFFECTINGT.M.K. (4) 5-5-08:02
ANDT.M.K. (4) 5-6-02:01AT WAIOLI, HANALEI, KAUAI, HAWAII
Services. Inc.
P.O. Bm 951 HonaM, HI 9S714 (BOS) S2S-725S
RONAt.D J. WA8(lER Tti'censed Prolessioiial tond Sufvcyor
Cerliffcote Wo. 5074
EASE~AENT2747 SQ.
1,352.02 S3,685.68 W
“PAPAURALA~
\\EASEUENT B s~2832 SQ. Ft.’~
INSETScale: 1 Inch = 10 feet
— — S — S
‘2.
~.
NON — EXCLUSIVEUTILITT’ EASEMENTS
PERPETUALACCESS AND
EASEMENTS A, B AND.CWAIOLI, HANALEI, KAUAI, HAWAII
JOB K—60(98)Scale: 1 inch = 100 feet
VAVIO V. IGEGOVHRNOR OF I IAWA1I
^^^STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
POST OFFICE BOX 621HONOLULU, HAWAII 96809
SUZANNE D. CASECilAnyKRSOM
HOARD OF [AND AND HATURAt. RILSOURCESCOMMSS10N ON WATER RFJiOURCE MANAG&OINT
KEKOA KALUHIWATOUT DEPUTY
W. ROY HARDYACTING IWUTf DIRECTOR -WATER
AQUATIC RESOURCESBOATING AND OC):AH RKCRILMtOM
BUREAU OF CONVEYANCESCm&tlSSIGN OM WATCK RESOURCE MANAGEMENT
CONSERVATICT AND COASTAL LANDSCONSKRVATION AND RTSOimCES ENFORt'EMEMT
HKGINEHRJNGFORESTRY ANnWtl.DIjn;HISTORIC PRESERVATION
KAHOOLAWE ISLAND RESERVE CaMNOSSIOHLAND
STATC PARKS
EXEMPTION NOTIFICATIONFrom the preparation of an environmental assessment under the authority of Chapter 343, HRS and
Chapter 11-200, HAR
Project Title:
Project Number:
Project Location:
Project Description:
Chap. 343 Trigger(s):
Consulted Parties:
Exemption Class No.
Exemption Item No.:
and Description:
Grant of Term, Non-Exclusive Easement to Uluwehi, Inc. for Access and
Utility Purposes
PSFNo. 13KD-016
par. of'Waioli, Hanalei, Kauai, Tax Map Key: (4) 5-5-008:por. 2
and (4) 5-6-002:por. 1.
Access and Utility Purposes
Use of State Land
Office of Conservation and Coastal Lands
In accordance with the "Exemption List for the State of Hawaii,
Department of Land and Natural Resources, as Reviewed and
Concurred Upon by the Environmental Council (Docket 91-EX-2,
December 4, 1991), the subject request is exempt from the
preparation of an environmental assessment pursuant to Exemption
Class No. 1, "Operations, repairs or maintenance of existing
structures, facilities, equipment or topographical features, involving
negligible or no expansion or change of use beyond that previously
existing [HAR § ll-200-8(a)(l)]."
In accordance with the Division of Land Management Environmental
Impact Statement Exemption List, approved by the Environmental
Council and dated April 28, 1986, the subject project is consideredto be exempt from the preparation of an environmental assessment
pursuant to:
Exemption Class No. 1, "Operations, repairs or maintenance of
existing structures, facilities, equipment or topographical features,
involving negligible or no expansion or change of use beyond that
previously existing." and
EXHIBIT" B "
Exemption Class No. 4, which states, "Minor alterations in the
conditions of land, water or vegetation."
Exemption Item Description Operations, repairs or maintenance of existing structures, facilities,
From Agency Exemption List equipment or topographical features, involving negligible or no
expansion or change of use beyond that previously existing.
Recommendation: It is anticipated that this request will probably have minimal or no
significant effect on tlie euvkomnent and is presumed to be exempt
from the preparation of an environmental assessment.
Suzann
^Q.^JL^nS€f>. Case, Chairperson
</>KDate
NHL ABERCROMBIE(W7ERNOR OF HAWAH
SSS^^
MEMORANDUM
STATE OF HAWAHDEPARTMENT OF LAND A^^D NATURAL RESOURCES
UND DIVISION
POST OFFICE BOX 621HONOLULU, HAWAII 96809
December 23,2010
WILLIAM J,AILA,JR.orrEmsi CRAOUBISON
BOARD OF LAND AHD HAT1CIAL RT.SOUHU3COUUSSION OH WATSiBBOURaiMANAamBfT
GDV H. KAUILUKUKUI&nBUU nasTDEpmy
WILLIAM M.TAMMTBUM DETlffY MIECTUR -WATCR
AQUAHCBESOUHCCSBQAWfi AMD OCEAN HECRBATfON
BUREAU OF COHVEYMICRS
COUUESUH OH WATffiMSOUnCEUAHACaiEOTCEmSEXVATaWAMDCOACTALUWDS
consawATMMiUm nESomcES BflxinaaiEm-EHOCTEERWO
rmesvwwD wamjTEBGTOR1C PRESERVAT»OM
KABOOlAWEBLA^a^ RESERVE COMMISSIONLAND
STATCPARXS
10427 (K)
TO: Charlene E. Unoki, Assistant Administrator
THROUGg«rRu^ieU Y. Tsuji, Administrator
FROIM: Sose Sauvao, Assistant Abstractor
SUBJECT: Kuleana Status of Original Title(s) to Tax Map Key Parcels (4) 5-5-08: 003,004, and 005
We have been requested to confirm the kuleana status of the original source of titles to fhesubject tax map key parcels (4) 5-5-08: 003, 004 and 005, designated as "Parcels 3, 4 and 5",respectively, as shown colored red on fhe tax map attached hereto as Exlubit A.
As shown thereon the source of titles to the subject parcels are identified as follows:
"Parcel 3", (4) 5-5-08: 003 being all ofL.C. Aw. 8124: 1;'Tarcel 4" (4) 5-5-08: 004 being all of Grant 1946; and"Parcel 5" (4) 5-5-08: 005 bring all of Grant 88.
Records filed in our office reveal that only "Parcel 3", being all ofapana 1 of Land CommissionAward 8124, acquired from fhe konohiki in 1841 by fhe claimant Helepalala, and adjudicated bythe Land Commissioners on September 4, 1851, is an award ofkulena status.
Parcels 4 and 5, being portions of the Government Ahupuaa of Waioli sold to Keala underRoyal Patent Grant No. 1946 (Parcel 4) dated January 17, 1856, and to Koi under Royal PatentGrant No. 88 (Parcel 5) dated July 28,1848 are not kuleana.
If you have any questions, please feel free to call me at 587-0383.
Enclosure
EXHIBIT"^."
Owfl«r* af Anr</ 0t-1/Af-Au- -
*;>i331«'^'Bo- ^ Kt
-4n/)aA>/;« .n.flTf •;,*[/ '/,«
rtorwcsft. McdalrM-fM.j
Subject ParoBl, "PARCELSTMK^ii-S-OS: 5
'<^.
n. ^\'
7=s^wr^|.u,,-t.Bi-..B»*r'fr"
lrt.^ocK.Mrfdfnt.^1
^ y'\ tf ^^./ V,
'h/ <v.'~:^^^-~>^y • "
Subject Parcel, "PARCELSTMK: (4)3-5-08: 3
NEtLABERCROMBIEGOVERNOR OF HAWAl'I
WILLIAM J.AI LA, JR.CttAlRPEHSON
BOARD OF LAND AND HATUR.U. R£50URCI:SCOMMISSION UN WATER RESOttRCr MANAt.FMPff
ESTHER KIA'AINARUST DEl'UTY
TO: CentralFROM: KDLONo.; \'^9^0}J m\
WILLIAM M.TAMuFpin-v DIIU-CTOR . \\:\v R
\'w-AQUAnCRKSOURCHS
.1ING AND OCEAN RECREATIONnUHEAIJ OF CONVfcYAKCC-S
s^^
REF:OCCL:TM
MEMORANDUM
STATEOFHAWATIDEPARTMENT OF LAND AND NATURAL RESOURCES
OFFICE OF CONSERVATION AND COASTAL LANDSPOST OFFICE BOX 621
HONOLULU, HAWAI-1 96809
CO^ftdSSttW UN WAlER RESOURCE MANAt .tlAIDnCONStiRVATtON AND COASTAL LANDS
CONSEKVAWH AND RESOURCE; D<FOnct\UiNtEKGINEERING
FORT5TRY AND WLDHFE11BTOIUC riU'SEHVAnoN
KAiHXlLAWK ISLAND IIESKRVT^ CUMhnSSlOSI AND
.STATE PARKS
pondence: KA 14^08; 109 & 110
JAN 1V 2014
TO:
FROM:
SUBJECT:
Kaua'i Land District Office
Samuel J. Lemmo, Administraf
Office of Conservation and Coastal Lands
JAN 1 6 2014
,w^
Grant of Term, Non-Exclusive Easement for Access and Utility Purposes forUluwehi, Inc., Ursula Lamberson, and A. Laurel Benett Trust Located at Wai'oli,
Hanalei, Kaua'i, TMK: (4) 5-5-008:002 & (4) 5-6-002:001
The Office of Conservation and Coastal Lands (OCCL) has reviewed the subject information andnote that After the Fact authorization was gained via Conservation District Use Permit (CDUP)KA-3573 for the subject access/utility easement. We have attached CDUP KA-3573 and notethat our files do not contain 'a land survey map prepared by a licensed land surveyor showmg thealignment of the access and utility easement through parcel 2 for Parcel 3, 4, and 5' pursuant tocondition #8.
Prior to going forward to the Board of Land and Natural Resources, the OCCL requests that theapplicants for the easement comply with condition #8. A half-size survey map is sufficient forour files.
Should you have any questions regarding this memorandum, contact Tiger Mills of our Office at-7-0382.
" T^ »EXHIBIT" T>
NEILABERCROMBIEGOVERNOR. OF HAWAII
WILLIAM J.A1LA.JR.CHATOBUO!)
BOARD OF LAND AND NATURAL RESOURCKSCOh&nSSIOH OH WATER RESOURCE tUNAGaiENT
!VF:D;VAT?N
GUY H. KAULUKUKUIFIRST DETUTy
WILLIAM M.TAMDEFinYDIRECTOR-WATER
2011 JUN -q A ^ffi
'r/ateofHa<li
REF:OCCL:DH
AQUATIC RESOURCESBOATING AND OCEAN RECREATION
BITOAU OP COHVEYMKESI ON WATER RfSOURCE MANAGEMENT
SEXYATIOH AND COMTAL UiroSCONSERVATION A?TO RESOURCES ENTORCEMENr
ENOWEERMOFORESmy ANO WILDLIFE
DEPARTMENT OF LAND AND NATURAL RESOURCES • •^&_^^Ji^^^S.^,,^N^^^- \.--'--•^•-.c.s --- \..uw»
AND COASTAL L^Gfi.- -p,,-
STATE OF HAWAII
OFFICE OF CONSERVATION AND COASTA:POST OFFICE BOX 621
HONOLULU. HAWAII 96S09
FWE Or- HAWAII STATE PARKS
ATF CDUA: KA-3573
Acceptance Date: November 22, 2010180-DayExp.Date: May 21, 2011
A. Laurel Bennett Trust
Uluwehi, Inc.
Ursula Lamberson Revocable Trust
C/o Laurel Bennett . HAY 1 9 ^
Kapaa, Hawaii, 96746-8907
Dear Ms. Bennett,
This is to inform you that on May 17, 2011, the Chairperson of the Department of Land andNahiral Resources approved your After-The-Fact (ATF) Conservation District Use Application(CDUA) KA-3573 for an access and utility easement over State-owned land on Subject ParcelTMK: (4) 5-5-008:002, located in Waioli Valley, Hanalei District, Island ofKauai, subject to thefollowing terms and conditions:
1) The applicant shall comply with all applicable statutes, ordinances, rules,regulations, and conditions of the Federal, State and County governments;
2) The applicant, its successors and assigns, shall indemnify and hold the State ofHawaii harmless from and against any loss, liability, claim or demand forproperty damage, personal injury or death arising out of any act or omission of theapplicant, its successors, assigns, officers, employees, contractors and agents
under this permit or relating to or connected with the granting of this permit;
3) The applicant shall comply with all applicable Department of Healthadministrative rules. Particular attention should be paid to Hawaii AdministrativeRules (HAR) Section 11-60.1-33, "Fugitive Dust" and to Chapter 11-46,"Community Noise Control;"
4) In issuing this permit, the Department has relied on the information and data thatthe applicant has provided in connection with this permit application. If,subsequent to the issuance of this permit, such information and data prove to befalse, incomplete or inaccurate, this permit may be modified, suspended orrevoked, in whole or in part, and/or the Department may, in addition, institute
appropriate legal proceedings;
5) The applicant understands and agrees that this permit does not convey any vestedrights or exclusive privilege;
6) Where any polluted run-off, interference, nuisance, or harm may be caused, or
hazard established by the use, the applicant shall be required to take measures tominimize or eliminate the polluted run-off, interference, nuisance, harm, or
hazard;
7) The applicant acknowledges that the approved work shall not hamper, impede orotherwise limit the exercise of traditional, customary or religious practices in theimmediate area, to the extent such practices are provided for by the Constitutionof the State of Hawaii, and by Hawaii statutory and case law;
8) The applicant will need to apply and receive a Land Disposition from the LandDivision prior to CDUA approval. In addition, owners will need to submit a landsurvey map prepared by a licensed land surveyor showing the alignment of theaccess and utility easement through Parcel 2 for Parcels 3, 4, and 5;
9) Other terms and conditions as may be prescribed by the Chairperson; and
10) Failure to comply with any of these conditions shall render this ConservationDistrict Use Permit null and void.
Please acknowledge receipt of this approval, with the above noted conditions, in the spaceprovided below. Please sign two copies. Retain one and return the other within thirty (30) days.Should you have any questions on any of these conditions, p}€S5&sfeel free to contact DawnHegger, Senior Planner, Office of Conservation and Coastal Lai/ds at 58y-0380.
^uoSamuel J. Lemmo, Administrator
Office of Conservation and Coastal Lands
Recgi^tac^fiowle
tUv\M,
Date: M-/-"//
c: Kauai Board Member
KDLOCounty ofKauai, Department of Planning
Hanalei-Haena Community Association