1>4

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