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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.
July 8, 2019
Kahului Harbor, Maui (cropped from original) Photo by Forest and Kim Starr
235 South Beretania Street, Suite 702 • Honolulu, Hawaiʻi 96813 • (808) 586-4185 • [email protected] • http://health.hawaii.gov/oeqc
David Y. Ige, Governor Scott Glenn, Director
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Table of Contents
LEGEND New document count in this issue: 4 total - HRS § 343-5(b) Agency Actions: 2 - HRS § 343-5(e) Applicant Actions: 2
Statewide Map of New HRS Chapter 343 Documents & Determinations
Hanohano Hale
AnnouncementsAs a reminder about the transition to the new rules for Hawaiʻi's environmental review process, please review this list of up-coming milestone dates, and continue to refer to OEQC's webpage of information about the current & new rules.
A new calendar is being developed with 5 working day submittal deadlines for new actions, and will be published soon. Please note that this tightened timeline may not provide for any revisions to submitted Publication Forms; accordingly, submittals with errors may not be published. Be sure to check the accuracy of Publication Form information, and feel free to submit prior to the deadline!
Announcements 2Statewide Map of New HRS Chapter 343 Documents & Determinations 2Maui 3
Property Acquisition for Kahului Commercial Harbor--Draft EA (AFNSI) 3Oʻahu 3
Shoreline Protection for 1326 Mokulua Drive--Draft EA (AFNSI) 3Noelani Elementary School IDEA Center--2nd Draft EA (AFNSI) 4Hanohano Hale WWTS Replacement--Final EA (FONSI) 4
Previously Published Documents Open for Comment 5Coastal Zone Management Notices 5
Federal Consistency Reviews 5Special Management Area (SMA) Minor Permits 5
Shoreline Notices 6Applications for Shoreline Certification 6Proposed Shoreline Certifications and Rejections 6
Federal Notices 6Glossary of Terms and Definitions 8
Kahului HarborNoelani Elementary School
1326 Mokulua Drive
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Property Acquisition for Kahului Commercial Harbor--Draft EA (AFNSI), Volume 2, Volume 3HRS §343-5(a) Trigger
(1) Propose the use of state or county lands or the use of state or county funds
District(s) WailukuTMK(s) (2) 3-7-011:017 portion, : 019 portion, and :023Permit(s) various (see document)Proposing/Determining Agency
Department of Transportation (DOT), State of HawaiʻiSandra Rossetter, (808) 587-1886, [email protected] DOT, Harbors Division, 79 S. Nimitz Hwy., Honolulu, HI 96813
Consultant EKNA Services, Inc.Brian Ishii, (808) 695-6233, [email protected] Piʻikoi Street, Suite 300, Honolulu, HI 96814
Status Statutory 30-day public review and comment period starts. Comments are due by August 7, 2019. Please send comments to the proposing/determining agency and copy the consultant.
DOT, Harbors Division is proposing to acquire 9.308 acres of land currently owned by Alexander and Baldwin, Incorporated to expand the operational area of Kahului Commercial Harbor. The property will be developed for maritime use as a remote storage yard. The proposed parcel to be acquired is on the northwest corner of the intersection of Amala Road and Amala Place.
Forecast analysis for Kahului Harbor shows a need for additional cargo storage capacity in the short-term. The property acqui-sition partially fulfils this need and will reduce congestion and improve efficiency and safety of operations. The proposed construction includes the demolition of existing structures and appurtenances, grading, drainage and utility improvements, asphaltic concrete pavement, security lighting, security fencing, access gate(s), and small office structures. Pavement will be designed and constructed to allow for use as a remote storage yard, primarily for empty containers, chassis, and automobiles.
Maui
OʻahuShoreline Protection for 1326 Mokulua Drive--Draft EA (AFNSI)HRS §343-5(a) Trigger
(3) Propose any use within a shoreline area
District(s) KoʻolaupokoTMK(s) (1) 4-3-004: 077Permit(s) various (see document)Approving Agency
Department of Planning and Permitting, City and County of HonoluluAlex Beatty, (808) 768-8032, [email protected] South King Street, 7th Floor, Honolulu, HI, 96813
Applicant Nadir Safai, Angela Zupan, and Chris Furie; 1326 Mokulua Drive, Kailua, HI, 96734(310) 600-0220, [email protected], [email protected]
Consultant G70; 111 S. King Street, Suite 170, Honolulu, HI, 96813Rachel Shaak AICP, LEED AP, (808) 523-5866, [email protected]
Status Statutory 30-day public review and comment period starts. Comments are due by August 7, 2019. Please send comments to the approving agency and copy the applicant and the consultant.
Shoreline protection is planned for 1326 Mokulua Drive as the property has been adversely affected by shoreline erosion. The parcel has a total area of 12,380 square feet. The project area will encompass 1,690 square feet of the nearshore portion of the TMK. A temporary emergency sandbag structure was installed by the previous owner to protect the property from ongoing erosion conditions. The project site is the sole property without hardened structures along the southern Lanikai coastline. The property is surround by armored shorelines including a mix of vertical seawalls, rock aprons, and revetments. Armored shore-lines extend approximately 1,050 feet to the north and 2,100 feet to the south of the property. The project proposes removal of the existing sandbag structure and replacing it with a new seawall with boulder slope scour apron that extends along the approximately 75-foot section of the Lanikai shoreline.
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Oʻahu (continued)
Hanohano Hale WWTS Replacement--Final EA (FONSI)HRS §343-5(a) Trigger
(9)(A) Propose any wastewater treatment unit, except ...
District(s) KoʻolauloaTMK(s) (1) 5-3-008:001Permit(s) SMA Use, UIC, Discharge, Building/Grading, Tank InstallationApproving Agency
Department of Planning and Permitting, City and County of HonoluluZach Stoddard, (808) 768-8019, [email protected] South King Street, 7th Floor, Honolulu, HI 96813
Applicant Hanohano Hale Association of Apartment OwnersLillian McCarthy, (808) 566-4113, [email protected] Properties, Ltd.; 680 Iwilei Road, Suite 777, Honolulu, HI 96817
Consultant Environmental Science International, Inc.Stephanie Davis, (808) 261-0740 ext. 142, [email protected] Uluniu Street, Suite 304, Kailua, HI 96734
Status Finding of No Significant Impact (FONSI) determination.The project consists of replacement of the wastewater treatment system at the Hanohano Hale Condominium. The replacement project consists of removing the existing wastewater treatment and effluent disposal system and constructing a new wastewa-ter treatment plant [WWTP] and new deep-injection wells to replace the existing injection wells disposal system. For wastewa-ter treatment, Hanohano Hale currently utilizes nine (9) existing aerobic treatment unit systems that each consist of a preload-er and two cavitettes. Treated effluent is then discharged into thirty-two (32) existing injection wells by gravity. The existing wastewater treatment and effluent disposal system was installed in the 1960s and is in need of replacement to accommodate present day flows, better wastewater treatment, and comply with current standards. As the system currently exists, it is in vi-olation of the Department of Health Wastewater Branch’s regulations. The proposed WWTP will consist of a preloader system (5,000 gallon preloader tank and 1,700 gallon Wet-well Sewage Lift Station) (installed subsurface); 25,840 gpd Aquarius Multi-Stage Fixed Biofilm System (installed aboveground); and four Injection Wells (installed subsurface). The new WWTP system components will all be constructed in the southern parking lot area of Hanohano Hale.
Noelani Elementary School IDEA Center--2nd Draft EA (AFNSI)HRS §343-5(a) Trigger
(1) Propose the use of state or county lands or the use of state or county funds
District(s) HonoluluTMK(s) (1)-2-9-023:029 Permit(s) various (see document)Proposing/Determining Agency
Department of Education, State of HawaiʻiJohn Chung, (808) 784-5040, [email protected] Development Branch, 3633 Waiʻalae Avenue, Honolulu, HI 96816
Consultant WCP Inc. for Urban Works Inc.Derek Yasaka, (808) 380-3856, [email protected] Koaha Way, Suite 208, Aiea, HI 96701-5626
Status The proponent is publishing a modified version of the DEA published on January 8, 2018. Another statutory 30-day public review and comment period starts. Comments are due by August 7, 2019. The Final EA must include comments from all comment periods. Please send comments to the proposing/determining agency and copy the consultant.
The Proposed Action involves the construction of an on-campus Innovate, Discover, Explore, Achieve (IDEA) Center to replace the school's outdated library with a learning facility that will include a new library, other functional spaces, and a fire protection sprinkler system. The IDEA Center will be located at the far side of the school's central lawn and, in addition to a library, will also house a computer lab, a makerspace, and support space for an educational garden. The one-story building will provide 7,500 gross square feet of new space for the school and a gross area of approximately 10,900 square feet inclusive of proposed adjacent pedestrian circulation/walkway areas. Other building features include office space; a large group area with a circulation desk, reading/study/bookstacks, periodicals, and storytelling areas; a staff work/production room; a multipurpose room and storage; mechanical, electrical, and custodial facilities; and restrooms.
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Previously Published Documents Open for CommentStatus: Public review and comment period for these projects began previously. Please send comments to the relevant agency and copy any relevant applicant and/or consultant.
Comments Due July 8, 2019HawaiʻiOffshore Native Hawaiian Macroalgae Demonstration Project--Draft EA (AFNSI)
OʻahuKahuku Wastewater Treatment Plant and Septage Handling Facility Improvements--Draft EA (AFNSI)Kunia Wells IV Exploratory Wells--Draft EA (AFNSI)Waipahu High School New Classroom Building--Draft EA (AFNSI)
Comments Due July 22, 2019HawaiʻiNew Housing at Hawaiʻi Community Correctional Center--Draft EA (AFNSI)
Maui New Housing at Maui Community Correctional Center--Draft EA (AFNSI)
KauaʻiNew Housing at Kauaʻi Community Correctional Center--Draft EA (AFNSI)
Comments Due July 23, 2019HawaiʻiKapoaula Koa Forest Management Plan--Draft EA (AFNSI)Waiākea-Palai Streams Flood Control Project--Draft EA (AFNSI)
OʻahuWailele Stream Flood Risk Management Project--Draft EA (AFNSI)
Comments Due August 7, 2019OʻahuHa‘ikū Stairs Study--DEIS (Volume 2, Volume 3, and Volume 4)Sand Island Wastewater Treatment Plant Facility Plan--DEIS
Coastal Zone Management Notices
Special Management Area (SMA) Minor PermitsThe SMA Minor permits below have been approved (HRS § 205A-30). For more information, contact the relevant county/state 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.) Applicant/AgentMaui: Lahaina (4-4-008: 005) Sheraton Maui Resort & Spa Renovation (SM2 20190058) Tetsuji YamazakiMaui: Kīhei (2-2-030: 034) New Wood Deck to Second Story House (SM2 20190059) Ryan and Angelena CamposMaui: Lahaina (4-3-015: 003) Alteration of Existing Seawall (SM2 20190060) Water F III HesterMaui: Lahaina (4-6-031: 019) Remodel of Kitchen Cabinets, Installation of Air Conditioner
Pad (SM2 20190061)George Emmett
Maui: Kaunakakai (5-3-001: 060) Telecom Modification (SM6 20190002) Sprintcom
Federal Consistency ReviewsNone this issue
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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 § 205A-42 and HAR § 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 OwnerMA-717 4492 Mākena Road, Maui 96753 (2) 2-1-011: 015 R.T. Tanaka Engineers, Inc. Moshe SilagiMO-178* 2396 Kamehameha V Highway, Molokaʻi 96748 (2) 5-4-017: 012 Christopher Dang and Derek
Kamiya, Members of HELG Administrative Services, LLC
Carolyn C. Anderson Trust*
LA-021 Mānele, Lānaʻi 96748 ( 2 ) 4 - 9 - 0 1 7 : por002 & 008
R.M. Towill Lanai Resorts, LLC
KA-443 7276 Alamoʻo Road, Kauaʻi 96714 (4) 5-8-008: 027 Lucas Breckenridge & Associ-ates, Inc.
Suzanne G. Fisher Revo-cable Trust, Suzanne Fisher - Trustee
KA-444 Kūhiō Highway, Kauaʻi (4) 5-8-012: 028 Honua Engineering, Inc. Patrick Hammerle* - corrected entry from original publication on June 23, 2019
The shoreline notices below have been proposed for certification or rejection by the Department of Land and Natural Resourc-es (HRS § 205A-42 and HAR § 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, Hawai‘i 96813.
File No. Status Location TMK Applicant OwnerKA-435 Proposed 5514 Weke Road, Kauaʻi (4) 5-5-005: 018 Honua Engineering, Inc. Deborah B. ManoogianKA-439 Proposed Kekaha, Kauaʻi (4) 1-3-005: 053 Esaki Surveying & Mapping, Inc. Lee A. Evslin Trust,
Monica A. Evslin TrustKA-440 Proposed 4331 Kauaʻi Beach Drive, Kauaʻi 96766 (4) 3-7-003: 015 Esaki Surveying & Mapping, Inc. EPG KBR Fee Owner LLC
As a courtesy, listed below are relevant entries from the Federal Register published since the last issue of The Environmental Notice. For more information, click on the title link, also available at www.federalregister.gov.
Rule: Pacific Island Fisheries; Annual Catch Limit and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish (published by the National Oceanic and Atmospheric Administration on 06/24/2019)Effective July 24, 2019, this final rule establishes an annual catch limit (ACL) of 492,000 lb for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for each of the three fishing years 2018-19, 2019-20, and 2020-21. If NMFS projects that the fishery will reach the ACL in any given fishing year, NMFS would close the commercial and non-commercial fisheries for MHI Deep 7 bot-tomfish in Federal waters for the remainder of that fishing year as an accountability measure. This rule also makes housekeep-ing changes to the Federal bottomfish fishing regulations. This rule supports the long-term sustainability of Deep 7 bottomfish. Copies of the Fishery Ecosystem Plan for the Hawaiian Archipelago and of the environmental assessment and Finding of No Significant Impact for this action, along with additional information, are available by clicking the linked title to this entry.
Federal Notices
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Agency ActionsAny 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 ActionsAny person who, pursuant 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 action's 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 action's 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. Until administrative rules have been drafted, the agency must submit its determination that an EIS is re-quired for an action (Act 172-2012, EISPN) with a com-pleted OEQC publication form detailing the specifics of the action to enable the public a 30-day period to request to be consulted parties in the preparation of the Draft EIS. Comments and responses on the EISPN must be incorporated into the subsequent 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 343-5.5., entitled “Exception to applicability of chapter.”) HEPA now allows for a statutory exception for “secondary actions” (those that involve infrastructure in the highway or public right-of-way) provided that the permit or approval of the related “primary action” (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. See here for style concerns. For Applicant projects, the Approving Agency is authorized to accept the FEIS and must do so within 30-days or the FEIS is accepted as a matter of law. For an Agency project, the Governor or the Mayor (or their designated repre-sentative) 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.
AcceptabilityIf the FEIS is accepted, notice of this action is published in this bulletin. The public has 60 days from the date of notice of acceptance to ask a court to vacate the accep-tance 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 de-termination.
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 Hawaiʻi’s 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 & 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 & 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.
Administrative Exemption ListsGovernment agencies must 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 11-200-8(d)). This bulletin will publish an agency’s draft exemption list for public comment prior to Council decision making, as well as notice of the Council’s 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).
Glossary of Terms and Definitions
Ko Olina Bay, Oʻahu Photo by Floyd Manzano
