The Environmental Notice provides public notice for projects undergoing environmental review in Hawaiʻi as mandated under Section 343-3 Hawaiʻi Revised Statutes the Environmental Impact Statement Law Along with publishing Environmental Assessments and Environmental Impact Statements for projects in Hawaiʻi The Environmental Notice also includes other items related to the shoreline coastal zone and federal activities

February 8 2021

235 South Beretania Street Suite 702 bull Honolulu Hawaiʻi 96813 bull (808) 586-4185 bull oeqchawaiidohhawaiigov bull httphealthhawaiigovoeqc

David Y Ige Governor

Windward side of Oʻahu in the vicinity of Kaluanui Stream amp Bridge (modified from original photo) Photo by Robert Linsdell

February82021 TheEnvironmentalNotice

2

Table of Contents

LEGEND New document count in this issue 3 total - HRS sect 343-5(b) Agency Actions 1 - HRS sect 343-5(e) Applicant Actions 2

Statewide Map of New HRS Chapter 343 Documents amp Determinations

Waikele Elementary SchoolWaikele Elementary School

AnnouncementsNumerous bills have emerged in the 2021 Legislature that propose various amendments to the environmental review processGenerally these bills have Environment or Environmental in the title although a keyword search for Sustainability will also produce relevant results

Announcements 2Statewide Map of New HRS Chapter 343 Documents amp Determinations 2Maui

Kahului Harbor Hawaiian Cement Facility Relocation--Final EA Vol I and Vol II (FONSI) 3Oʻahu

Million Air - Kalaeloa Airport FBO and Fuel Farm Facility--Draft EA (AFNSI) 3Waikele Elementary School New Classroom Building--Draft EA (AFNSI) 4

Chapter 25 Revised Ordinances of HonoluluMoore Residence - New and Existing Detached Two Family Dwellings--Draft EA (AFNSI) 4

Previously Published Documents Open for Comment 5Exemption Declarations) 5Lists of Exemption Notices 5Prior Agency Determination 6Shoreline Notices

Applications for Shoreline Certification 6Proposed Shoreline Certifications and Rejections 6

Federal Notices 6 Coastal Zone Management Notices

Federal Consistency Reviews 7Special Management Area (SMA) Minor Permits 7

Glossary of Terms and Definitions 8

Kalaeloa AirportKalaeloa AirportKahului HarborKahului Harbor

February82021 TheEnvironmentalNotice

3

Kahului Harbor Hawaiian Cement Facility Relocation--Final EA Vol I and Vol II (FONSI)HRS sect343-5(a) Trigger

(1) Propose the use of state or county lands or the use of state or county funds(3) Propose any use within a shoreline area

District(s) WailukuTMK(s) (2) 3-7-010003 009 034 035Permit(s) Various (see document)Approving Agency

Maui Planning Commission (co Department of Planning County of Maui)Michele Chouteau McLean (808) 270-7634 MicheleMcLeancomauihius2200 Main Street Suite 315 Wailuku HI 96793

Applicant Hawaiian Cement 99-1300 Halawa Valley Street Aiea HI 96701Dane Wurlitzer (808) 532-3407 DaneWurlitzerhawaiiancementcom

Consultant Munekiyo Hiraga 305 High Street Suite 104 Wailuku HI 96793Tessa Munekiyo Ng (808) 983-1233 planningmunekiyohiragacom

Status Finding of No Significant Impact (FONSI) determinationIn accordance with the State Department of Transportation Harbors Divisionrsquos 2012 Kahului Harbor Development Plan Hawai-ian Cement is proposing to relocate its trans-shipment cement facility from its existing location at TMK (2)3-7-010034 to a new location approximately 600 feet to the northeast on TMK (2)3-7-010009 The relocated facility will include two (2) silos a warehouse building and related site improvements Installation of underground pipelines connecting the relocated facility to the pier will traverse TMK (2)3-7-010003 The existing facility on Parcel 034 and existing underground pipelines that traverse Parcel 003 will be demolished Several existing former sugar-related facilities within Parcel 009 will also be demolished prior to construction of the relocated facility A small portion of the sugar-related facilities proposed for demolition is located adjacent to the relocated facility on Parcel 035

Maui

Million Air - Kalaeloa Airport FBO and Fuel Farm Facility--Draft EA (AFNSI)HRS sect343-5(a) Trigger

(1) Propose the use of state or county lands or the use of state or county funds

District(s) ʻEwaTMK(s) (1) 9-1-013032 (por) 076 (por) Permit(s) Various (see document)Approving Agency

Department of Transportation State of HawaiʻiHerman Tuiolosega (808) 838-8810 hermantuiolosegahawaiigov400 Rodgers Boulevard Suite 700 Honolulu HI 96819-1880

Applicant Freeman Holdings of Hawaii LLC DBA Million Air Honolulu 16221 Foster Street Overland Park KS 66085Scott Freeman (913) 951-5600 sfreemanpvillccom

Consultant Wilson Okamoto Corporation 1907 South Beretania Street Suite 400 Honolulu HI 96826Keola Cheng (808) 946-2277 kchengwilsonokamotocom

Status Statutory 30-day public review and comment period starts Comments are due by March 10 2021 Please send comments to the approving agency at publiccommentwilsonokamotocom

The proposed action involves construction of a Fixed Base Operation (FBO) and Fuel Farm facility located on adjacent sites at the Kalaeloa Airport (JRF) The proposed FBO will provide aviation services such as parking and hangar space to the general aviation (GA) community Conceptually the proposed program may consist of approximately 30000 SF for a GA aircraft hangar approximately 8000 SF for a two-story office area and approximately 2000 SF for a ground service maintenance area Fuel will be provided at the proposed Fuel Farm facility which is anticipated to encompass up to eight (8) 30000-gallon Jet A Fuel above-ground horizontal storage tanks Also proposed for storage at the Fuel Farm facility is up to one (1) 15000-gallon Aviation gas (Avgas) tank two (2) 500-gallon diesel tanks and two (2) 500-gallon gas tanks used by various motor vehicles (mogas)

Oʻahu

February82021 TheEnvironmentalNotice

4

Waikele Elementary School New Classroom Building--Draft EA (AFNSI)HRS sect343-5(a) Trigger

(1) Propose the use of state or county lands or the use of state or county funds

District(s) ʻEwaTMK(s) (1) 9-4-007069 (por)Permit(s) Various (see document)ProposingDetermining Agency

Department of Education State of HawaiʻiWilliam George (808) 784-5125 williamgeorgek12hius3633 Waiʻalae Avenue Honolulu HI 96816

Consultant PBR HAWAII amp Associates Inc 1001 Bishop Street Suite 650 Honolulu HI 96813Brittany Wheatman (808) 521-5631 bwheatmanpbrhawaiicom

Status Statutory 30-day public review and comment period starts Comments are due by March 10 2021 Please click on title link above to read the document then send comments to the proposingdetermining agency and copy the consultant

The new classroom building (ldquoProjectrdquo) will include the construction of a new one-story building to provide a total of six new classrooms The Project will replace the existing one-story portable classroom buildings at the existing location with a permanent structure designed to complement the style of other adjacent buildings within the Waikele Elementary School campus The new classroom building is envisioned to hold the schoolrsquos ldquoInnovation Learning Centerrdquo which will host Arts amp Communication and Industrial Engineering and Technology classes The new classroom spaces will be designed as flexible mixed-use spaces to support a more modern learning environment that can be adapted for student or teacher needs The Project will also incorpo-rate a covered outdoor learning space and other support spaces including but not limited to storage rooms an electrical room restrooms and an IT room The Project will support the existing student population and will not increase enrollment

Oʻahu (continued)

Chapter 25 Revised Ordinances of HonoluluUse of the Special Management Area (SMA) is not a trigger under Chapter 343 but developments in Oʻahus SMA are required to go through an environmental review process that mirrors the procedural requirements of HRS Chapter 343 pursuant to Revised Ordinances of Honolulu Chapter 25 Developments being reviewed under Chapter 25 but not Chapter 343 appear here

Moore Residence - New and Existing Detached Two Family Dwellings--Draft EA (AFNSI)District(s) WaialuaTMK(s) (1) 6-6-001-029Permit(s) State Erosion Sediment Control Plan Department of Health

City and County of Honolulu SMA Permit Park Dedication Haleʻiwa Special District Building Permit Honolulu Fire Depart-ment Plan Review

Approving Agency

Department of Planning and Permitting City and County of Honolulu Janet Meinke-Lau (808) 768-8033 jmeinkelauhonolulugov650 South King Street 7th Floor Honolulu HI 96813

Applicant Dale and Patricia Moore 59-589 Ke Iki Road F Haleʻiwa HI 96712(808) 927-0404 mooreohanagmailcom

Consultant envisiondesignbuild LLC PO Box 1105 Haleʻiwa HI 96712Gazelle Garner (808) 445-4625 gazelleedbhawaiicom

Status 30-day public review and comment period starts Comments are due by March 10 2021 Please send comments to the approving agency and copy the applicant and the consultant

The Applicant proposes to build a new detached two-family dwelling on their 15984 square foot (sf) lot The plan for the de-tached two-family dwelling consists of a two-story 2958 sf structure with three bedrooms four baths two half baths an open plan kitchen dining and living area a lanai and stairs a den and an entertainment room and two parking garages The proposed detached two-family dwelling will be built identical to an existing detached two-family dwelling which was recently construct-ed on the same property For utilities an individual wastewater system is designed and approved meeting all regulatory re-quirements

February82021 TheEnvironmentalNotice

5

Exemption Declarations (pursuant to HAR Section 11-2001-16)The Department of Hawaiian Home Lands has declared the following action exempt from the requirement to prepare an EA Waimānalo FencingThe proposed actions are located on a vacant lot within the Waimānalo homestead community The western portion of the parcel is used for drainage purposes and contains a leach field The eastern portion is vacant ready for future community use There are three components of this project 1) on-going maintenance of the leach field 2) installation of a fence along the perimeter of the parcel The fencing is necessary to secure the parcel and also to provide protection for the leach field from vehicular traffic 3) the long-term use to the vacant portion of the parcel for community use While the components of the community use are not known at this time it will include a requirement for parking Should any additional construction be necessary to meet the communitys needs they will be addressed in a separate Chapter 343 evaluation

The University of Hawaiʻi has declared the following action exempt from the requirement to prepare an EA Geotechnical Borings for the UH-Hilo New Educational TelescopeDrilling one geotechnical boring and obtaining adequate soil samples from that boring to support the design for the New Edu-cational Telescope Facility proposed at Halepohaku Boring diameter of 4-5 inches boring depth of up to 20 feet A truck mounted drill rig will be used to drill the proposed boring Material from the boring will be collected for laboratory testing The truck will access the site via an existing dirtgravel roadway currently utilized by Maunakea Observatories Support Services

Previously Published Documents Open for CommentStatus Public review and comment period for these projects began previously Please click on the links below to access and send comments to the relevant agency and copy any relevant applicant andor consultant

Comments Due February 8 2021OʻahuNew Aloha Stadium Entertainment District--Draft EIS Vol 2 Vol 3 and audio recording of Public Scoping MeetingMcKinley High School Athletic Complex Master Plan Amendment--Draft EA (AFNSI)

Comments Due February 22 2021OʻahuLeeward Base Yard and Convenience Center Site Improvements--Draft EA (AFNSI)Kawailoa Transfer Station Improvements--Draft EA (AFNSI)Security Fencing at Diamond Head 180 Reservoir--Draft EA (AFNSI)Krueger Residence Seawall Modification and Repair--Draft EA (AFNSI)

Comments Due March 10 2021OʻahuWaiawa Correctional Facility permits--Draft EA (AFNSI)

Lists of Exemption Notices (pursuant to HAR Section 11-2001-17)State and county agencies that have determined specific actions to be exempt from the requirement to prepare an EA are re-quired to submit a listing of such exemptions made during the previous month Following are Lists of Exemption Notices sub-mitted by various agencies for January 2021 except as noted contact the identified agency contact on each list for additional information about any specific exemption

State of Hawaiʻi County of MauiDepartment of Accounting and General Services Department of Housing and Human ConcernsDepartment of Land and Natural Resources Department of Public WorksDepartment of Transportation Planning DepartmentUniversity of Hawaiʻi City and County of HonoluluCounty of Hawaiʻi Board of Water Supply (December 2020 exemptions)Office of Housing and Community Development Board of Water Supply (January exemptions) Department of Planning and Permitting

February82021 TheEnvironmentalNotice

6

Shoreline NoticesApplications for Shoreline Certification

Proposed Shoreline Certifications and Rejections

The shoreline certification applications below are available for review at the Department of Land and Natural Resources offices on Kauaʻi Hawaiʻi Maui and Honolulu 1151 Punchbowl Street Room 220 (HRS sect 205A-42 and HAR sect 13-222-12) All comments shall be submitted in writing to the State Land Surveyor 1151 Punchbowl Street Room 210 Honolulu HI 96813 and postmarked no later than 15 calendar days from the date of this public notice of the application For more information call Ian Hirokawa at (808) 587-0420

File No Location TMK Applicant OwnerOA-1930 4767-D Kahala Avenue Oʻahu 96816 (1) 3-5-006 009 Austin Tsutsumi amp Associates AYIA LLCOA-1931 56-1089 Kamehameha Highway Oʻahu 96731 (1) 5-6-003 053 Jaime F Alimboyoguen Makai Ranch LLCMA-750 Lahaina Small Boat Harbor Maui (2) 4-6-001 002 Austin Tsutsumi amp Associates State of HawaiʻiMA-751 347 Front Street Maui (2) 4-6-003 016 Action Survey LLC Nanae Mori LassenMO-185 248 Seaside Place Molokaʻi 96748 (2) 5-3-006 001 Ken Ono amp Tricia Kezeli Ken Ono amp Tricia Kezeli

The shoreline notices below have been proposed for certification or rejection by the Department of Land and Natural Resourc-es (HRS sect 205A-42 and HAR sect 13-222-26) Any person or agency who wants to appeal shall file a notice of appeal in writing with DLNR no later than 20 calendar days from the date of this public notice Send the appeal to the Board of Land and Natural Resources 1151 Punchbowl Street Room 220 Honolulu Hawailsquoi 96813

File No Status Location TMK Applicant OwnerOA-1917 Proposed 91-135 Ewa Beach Road Oʻahu 96706 (1) 9-1-032 002 Wesley T Tengan Steven WV NgOA-1918 Proposed 430 D North Kalaheo Avenue Oʻahu

96734(1) 4-3-017 019 Walter P Thompson Inc DTT Kalaheo LLC and MRT

Kalaheo LLCOA-1927 Proposed 84-245 Makau Street Oʻahu 96792 (1) 8-4-009 020 Wesley T Tengan Wayne GiancaterinoMA-744 Proposed 0 Keawa Place Maui (2) 1-4-004 011 Akamai Land Surveying Inc Hana Canoe ClubKA-451 Rejection 5-7550 Kūhiō Highway Kauaʻi 96714 (4) 5-9-002 033 Honua Engineering Inc Oak Terrace Properties LLCKA-452 Rejection 7322 Alealea Road Kauaʻi 96714 (4) 5-8-009 049 Honua Engineering Inc Dirk P amp Kathleen Lange

Prior Agency Determination (pursuant to HAR Section 11-2001-11)The Natural Energy Laboratory of Hawaiʻi Authority (NELHA) State of Hawaiʻi has determined that additional environmental review is not required for an economic development project with the majority of monies allocated to continued funding of an existing aquaculture business accelerator The project also proposes construction to improve existing aquaculture accelerator facilities A prior accepted Environmental Impact Statement published in 1985 describes anticipated impacts of development of the Hawaii Ocean Science and Technology (HOST) Park - including on lands applicable to NELHA Research Campus and the location of the mobile lab staging area These evaluations were included in the assessment of several build-out scenarios in-tended to include future improvements allowing for flexibility to adapt to current market and technology conditions The above referenced EIS specifically addresses the development of areas to perform RampD to commercialize innovative aquaculture technologiesNELHA has determined that the proposed expansion is consistent with the location types and scale of scenarios evaluated in the prior EIS document and that the potential direct indirect and cumulative impacts of the project have been adequately disclosed and evaluated therein and therefore that the findings in those reports satisfy the requirements of HRS Chapter 343

Federal NoticesAs a courtesy listed below are some relevant entries from the Federal Register published since the last issue of The Environ-mental Notice For more information click on the title link also available at wwwfederalregistergov

Notice Pacific Island Fisheries Experimental Fishing Permit (published by NOAA on 02052021)NMFS is issuing an experimental fishing permit (authorized from January 27 2021 through January 26 2022) to the Hawaii Longline Association to test the conservation and management usefulness of tori lines (bird scaring streamers) in the Hawaiʻi deep-set longline fishery For further information click on the title link

February82021 TheEnvironmentalNotice

7

Coastal Zone Management NoticesFederal Consistency Reviews

The following federal actions are being reviewed for consistency with the enforceable policies of the Hawaiʻi Coastal Zone Management (CZM) Program including the CZM objectives and policies in Hawaiʻi Revised Statutes Chapter 205A Federal consistency pursuant to Section 307 of the Coastal Zone Management Act of 1972 (CZMA) as amended generally requires that federal actions within and outside of the coastal zone which have reasonably foreseeable effects on any coastal use (land or water) or natural resource of the coastal zone be consistent with the enforceable policies of a statersquos federally approved coastal management program Federal actions include federal agency activities federal license or permit activities and federal financial assistance activities This public notice is being provided in accordance with sect 306(d)(14) of the CZMA and federal regulations at 15 CFR sect 9302 sect 93042 and sect 93061 General information about federal consistency is available at the Hawaiʻi CZM Program web site or call (808) 587-2878

For specific information or questions about an action listed below contact the CZM staff person identified for each action The CZM Program is required to adhere to federal review deadlines therefore comments must be received by the date specified Comments may be submitted by mail or electronic mail to the addresses below

Mail Office of Planning Email johndnakagawahawaiigov Department of Business Economic Development and Tourism PO Box 2359 Honolulu HI 96804

Kaluanui Stream Bridge Replacement OʻahuProposed Action The existing Kaluanui Stream Bridge will be replaced with a 3-span precast prestressed concrete plank

bridge The bridge will provide 2-lanes of traffic roadway shoulders and a protected pedestrian walkway The vehicular traffic and pedestrian walkway will be separated by a concrete parapet which will be similar in design to the new exterior bridge parapets The bridge span will be approximately 126-0 long The new bridge will have a total width of 47rsquo-6rdquo with 1rsquo-6rdquo wide concrete barriers on each side The new bridge will be designed to current traffic loads seismic demands improve stream flow and increase pedestrian life safety in crossing the bridge The new bridge foundation will be comprised of drilled-shaft pilings and new abutments The existing bridge will be demolished above the water line The existing foundation (abutments and pilings) will be cut to an elevation of -5 feet or approximately 2 feet below the streambed The existing bridge has a span of 1205 feet and is 265 feet wide During construction of the new bridge traffic will be detoured to a temporary bridge situated roughly 20-feet upstream from the mauka edge of the existing bridge the temporary bridge will be approximately the same length as the existing bridge The temporary bridge will be a 30-foot wide single-span system with one lane and shoulder in each direction it will be removed upon completion of the new bridge NOTE This review is only for the receipt and use of federal funds from the Federal Highway Administration

Location Kamehameha Highway between Hauʻula and Punaluʻu at the mouth of Kaluanui StreamTMK(s) (1) 5-3-9 5-3-10 (bridge) 5-3-9 38 43 47 68 5-3-10 30 5-3-11 9 (construction easement)Applicant State Department of Transportation Highways DivisionFederal Action Federal Funding from Federal Highway Administration

CZM Contact John Nakagawa (808) 587-2878 johndnakagawahawaiigov Comments Due February 22 2021

Special Management Area (SMA) Minor PermitsThe SMA Minor permits below have been approved (HRS sect 205A-30) For more information contact the relevant countystate planning agency Honolulu (768-8014) Hawaiʻi (East 961-8288 West 323-4770) Kauaʻi (241-4050) Maui (270-7735) Kakaʻako or Kalaeloa Community Development District (587-2841)

Location (TMK) Description (File No) ApplicantAgentHawailsquoi Paukalsquoa-Pāhoehoe (2-7-003 025)

Installation of ldquoNo Trespassingrdquo Signs and Tree TrimmingRemoval (SMM 21-000437)

Kamehameha Schools

Kaualsquoi Kīlauea (5-3-006009) After the fact construction for a rock wall boulder retaining wall planter landscape features new driveway and a septic tank installation (SMA(M)-2021-7)

David Andrighetto Belles Graham

Maui Kīhei (2-1-005 085) Exploratory Fieldwork (SM2 20210001) H2R LLCMaui Kīhei (3-8-005 003) Kihei Canoe Club Canoe Storage (SM2 20210004) Katy Smith

February82021 TheEnvironmentalNotice

8

Glossary of Terms and DefinitionsAgency ActionsProjects or programs proposed by any department office board or commission of the state or county government which is part of the executive branch of that government per HRS 343-2

Applicant ActionsProjects or programs proposed by any person who pur-suant to statute ordinance or rule requests approval for a proposed action per HRS 343-2

Draft Environmental AssessmentWhen an Agency or Applicant proposes an action that triggers HRS 343 an Environmental Assessment shall be prepared at the earliest practicable time to determine whether the actions environmental impact will be sig-nificant and thus whether an environmental impact statement shall be required per HRS 343-5(b) for Agency actions and HRS 343-5(e) for Applicant actions For actions for which the proposing or approving agency anticipates a Finding of No Significant Impact (AFNSI) a Draft EA (DEA) shall be made available for public review and comment for 30 days and public notice is published in this periodic bulletin

Final Environmental Assessment and Find-ing of No Significant ImpactThe actions proponent shall respond in writing to com-ments on a DEA received during the 30-day review period and prepare a Final EA (FEA) that includes those respons-es to determine whether an environmental impact state-ment shall be required If there are no significant impacts then the Agency will issue a Finding of No Significant Impact (FONSI) An Environmental Impact Statement (EIS) will not be required and the project has cleared HRS 343 requirements The public has 30 days from the notice of a FONSI in this bulletin to ask the Environmental Court to require the preparation of an EIS

Final Environmental Assessment and Envi-ronmental Impact Statement Preparation NoticeAn EIS shall be required if the Agency finds that the proposed action may have a significant effect on the environment The Agency shall file notice of such deter-mination with OEQC called an EIS Preparation Notice (EISPN) along with the supporting Final EA After the notice of the FEA-EISPN is published in this bulletin the public has 30 days to request to become a consulted party and to make written comments The public (includ-ing the Applicant) has 60 days from the notice of the EISPN in this bulletin to ask a court to not require the preparation of an EIS

Act 172-2012 Direct-to-EIS Environmental Impact Statement Preparation Notice (with no EA)Act 172 in 2012 amended HRS 343 by providing for an agency to bypass the preparation of an environmental assessment for various actions that in the experience of the agency would clearly require the preparation of an EIS The agency must submit its determination that an EIS is required for an action (Act 172-2012 EISPN) with a completed OEQC publication form detailing the specif-ics of the action This starts a 30-day scoping period in which the agency or applicant must hold a public scoping meeting for the preparation of the Draft EIS Written comments and responses on the EISPN must be incor-porated into the subsequent Draft EIS and oral comments from the public scoping meeting must be recorded and submitted to the OEQC with the Draft EIS

Act 312-2012 Secondary Actions in the Highway or Public Right Of WayAct 312-2012 amended HRS 343 by adding a new section (HRS 343-55 entitled ldquoException to applicability of chapterrdquo) HEPA allows for a statutory exception for ldquosecondary actionsrdquo (those that involve infrastructure in the highway or public right-of-way) provided that the permit or approval of the related ldquoprimary actionrdquo (those outside of the highway or public-right-of-way and on private property) is not subject to discretionary consent and further provided that the applicant for the primary action submits documentation from the appropriate agency confirming that no further discretional approvals are required An aid to understanding this is to visualize residential driveway improvements in the public right-of-way versus retail outlet driveway improvements in the public right-of-way

Draft Environmental Impact StatementAfter receiving the comments on the EISPN the Agency or Applicant must prepare a Draft Environmental Impact Statement (DEIS) The content requirements of the DEIS shall contain an explanation of the environmental con-sequences of the proposed action including the direct indirect and cumulative impacts and their mitigation measures The public has 45 days from the first publica-tion date in this bulletin to comment on a DEIS The DEIS must respond to comments received during the EISPN comment period in a point-by-point manner

Final Environmental Impact StatementAfter considering all public comments filed during the DEIS stage the Agency or Applicant must prepare a Final EIS (FEIS) The FEIS must respond in a point-by-point manner to all comments from the draft and must be included in the FEIS For Applicant projects the Approv-ing Agency is the Accepting Authority and must make a determination within 30 days or the FEIS is deemed ac-cepted as a matter of law For an Agency project the Governor or the Mayor (or their designated representa-tive) is the Accepting Authority and unlike applicant actions there is no time limit on the accepting authority reviewing the FEIS Only after the FEIS is accepted may the project be implemented

AcceptabilityThe Accepting Authority must be satisified that the FEIS meets three criteria (process content response to com-ments) to accept it If the FEIS is accepted notice is published in this bulletin The public has 60 days from publication to challenge the acceptance of a FEIS For Applicant actions non-acceptance by the Approving Agency is cause for the Applicant to administratively appeal to the Environmental Council For Agency actions there is no such administrative appeal In both instances the Applicant or the proposing Agency can prepare a revised DEIS after a non-acceptance determination

National Environmental Policy ActThe National Environmental Policy Act (NEPA) requires federal projects to prepare a Federal EA or EIS In many ways it is similar to Hawaiʻirsquos law Some projects require both a State and Federal EIS and the public comment procedure should be coordinated Upon request by a federal agency OEQC publishes NEPA notices in this bulletin to help keep the public informed of important federal actions

Conservation DistrictProposed uses of land in the State Conservation District require a Conservation District Use Application (CDUA) These applications are reviewed and approved by the Board of Land and Natural Resources Members of the public may intervene in the permit process This bulletin will include EAs amp EISs for actions proposed within the Conservation District

Special Management Area and Shoreline Setback AreaThe Special Management Area (SMA) is along the coast-line of all islands and development in this area is gener-ally regulated by HRS 205A and county ordinance A portion of the SMA that is addressed by HRS 343 is the Shoreline Area which includes land between the State-certified shoreline and the county-determined shoreline setback line This bulletin will include EAs amp EISs for actions proposed within the Shoreline Setback Area

Shoreline CertificationsState law requires that Hawaiʻi shorelines be surveyed and certified when necessary to clearly establish the shoreline setback from the certified shoreline The public may participate in the process to help assure accurate regulatory boundaries Private land owners often petition to have their shoreline certified by the State surveyor prior to construction This bulletin publishes notice from the Department of Land and Natural Resources of shore-line certification applicants and final certifications or rejections

Environmental CouncilThe Environmental Council is a 15-member citizen board appointed by the Governor They serve as a liaison between the Director of OEQC and the general public concerning ecology and environmental quality The Council makes the rules that govern the Environmental Impact Statement process (HRS 343) Agendas of their regular meetings are posted on the Internet and the public is invited to attend The Council recently complet-ed the repeal of Hawaiʻi Administrative Rules (HAR) Chapter 11-200 and adoption of HAR Chapter 11-2001

Agency Exemption ListsGovernment agencies may keep a list describing the minor activities they regularly perform that are exempt from the environmental review process These lists and any amendments shall be submitted to the Council for review and concurrence (HAR 11-2001-16) This bulletin will publish an agencyrsquos draft exemption list for public comment prior to Council decision making as well as notice of the Councilrsquos decision on the list

Endangered SpeciesThis bulletin is required by HRS 343-3(c) to publish notice of public comment periods or public hearings for Habitat Conservation Plans (HCP) Safe Harbor Agreements (SHA) or Incidental Take Licenses (ITL) under the federal En-dangered Species Act as well as availability for public inspection of a proposed HCP or SHA or a proposed ITL (as a part of an HCP or SHA)

Maui sunset Photo by Thomas Hawk