Embed Size (px)
Citation preview
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.
November 23, 2019
The rural backroads of Waimānalo, Oʻahu, contain a mix of residential as well as both cultivated and uncultivated agricultural uses Photo from Draft EA for Waikupanaha Agricultural Lots
235 South Beretania Street, Suite 702 • Honolulu, Hawaiʻi 96813 • (808) 586-4185 • [email protected] • http://health.hawaii.gov/oeqc
David Y. Ige, Governor
November 23, 2019 The Environmental Notice
2
Table of Contents
LEGEND New document count: 12 total
- HRS § 343-5(b) Agency Actions: 4 - HRS § 343-5(e) Applicant Actions: 8
Statewide Map of New HRS Chapter 343 Documents & Determinations
Kapoaula Koa Forest
AnnouncementsAttached at the end of this issue is the 2020 Publication Calendar for submittals to OEQC. This calendar, along with various other forms and guidance, can be obtained via the Guidance and Forms links on our website (https://health.hawaii.gov/oeqc)
Announcements 2Statewide Map of New HRS Chapter 343 Documents & Determinations 2HawaiʻiIssuance of Commercial Aquarium Fishing Permits for the
Island of Hawai'i--Draft EIS 3Kukuiola and Village 9 Affordable Rental Community--Final EA
(FONSI) 3Kapoaula Koa Forest Management Plan--Final EA (FONSI) 4MauiHonokōwai Master Plan--(Withdrawal of EISPN) 4 Kaheawa Wind Power II (Acceptance of Final SEIS) 5LanaʻiMiki Basin Industrial Park--Draft EA (AFNSI) 5OʻahuWaikīkī War Memorial Complex (Acceptance of Final EIS) 6
Waikupanaha Agricultural Lots--Draft EA (AFNSI) 6Portlock Road Replacement Footbridge--Draft EA (AFNSI) 7Hunt Kalaeloa Subdivision Roads (Withdrawal of Draft EA/
AFNSI) 7KauaʻiWaiahi Hydropower Long-Term Water Lease--Republication of
Draft EA (AFNSI) 8HoKua Place--Final EIS 8Previously Published Documents Open for Comment 9Coastal Zone Management Notices
Special Management Area (SMA) Minor Permits 9Shoreline Notices
Proposed Shoreline Certifications and Rejections 9National Environmental Policy Act (NEPA) Actions 10Glossary of Terms and Definitions 11
Hokua Place
Waiahi Hydropower
Kukuiola & Village 9
Miki Basin Industrial Park
Honokōwai Master Plan
Kaheawa Wind Power II
Waikupanaha Ag Lots
Portlock RoadWaikīkī War Memorial
Hunt Kalaeloa Subdivision
West Hawaiʻi Regional Fisheries Mgt Area
November 23, 2019 The Environmental Notice
3
Issuance of Commercial Aquarium Fishing Permits for the Island of Hawai'i--Draft EISHRS §343-5(a) Trigger
(1) Propose the use of state or county lands or the use of state or county funds(2) Propose any use within any land classified as a conservation district
District(s) Hawaiʻi-multipleTMK(s) NAPermit(s) Commercial Aquarium Fishing PermitsApproving Agency/ Accepting Authority
Department of Land and Natural Resources, State of HawaiʻiDavid Sakoda, (808) 587-0104, [email protected] Punchbowl St., Room 330, Honolulu, HI 96813
Applicant Pet Industry Joint Advisory Council (PIJAC), on behalf of Hawaiʻi fishersJim Lynch, (206) 370-6587, [email protected] Fourth Ave., Suite 2900, Seattle, WA 98104
Consultant Stantec Consulting Services, Inc.; 2300 Swan Lake Blvd., Suite 202, Independence, IA 50644Terry VanDeWalle, (319) 334-3755, [email protected]
Status Statutory 45-day public review and comment period starts. Comments are due by January 7, 2020. Please send comments to the approving agency/accepting authority and copy the applicant and the consultant.
The purpose of the Applicant’s action is to ensure that commercial aquarium fish collection allows for the lawful, responsible, and sustainable commercial collection of various fish species from nearshore habitats of the West Hawai’i Regional Fishery Management Area (WHRFMA). The objective of the proposed action is for the Department of Land and Natural Resources (DLNR) to issue 14 Aquarium Permits for the WHRFMA.
The need for the Applicant’s action is to continue commercial aquarium fishers’ livelihoods in compliance with all applicable laws, rules, and regulations pertaining to the industry.
Hawaiʻi
Kukuiola and Village 9 Affordable Rental Community--Final EA (FONSI)HRS §343-5(a) Trigger
(1) Propose the use of state or county lands or the use of state or county funds
District(s) North KonaTMK(s) (3) 7-4-020:004Permit(s) Various (see document)Proposing/Determining Agency
Office of the Mayor, County of HawaiʻiSharon Hirota, (808) 961-8019, [email protected] Aupuni St., Hilo, HI 96720
Consultant PBR HAWAII & Associates; 1001 Bishop St., ASB Tower, Suite 650, Honolulu, HI 96813Jeff Seastrom, (808) 521-5631, [email protected]
Status Finding of No Significant Impact (FONSI) determination.Located at the comer of Kealakehe Pkwy and Ane Keohokalole Hwy, the project consists of two subprojects: the County of Hawai'i Kukuiola homeless emergency shelters and permanent supportive housing (PSH) component (Kukuiola); and a HHFDC affordable rental housing component (HHFDC Rental). The Site is State-owned ceded land that was transferred to HHFDC via Executive Order. Through a Memorandum of Understanding with the County of Hawai'i, HHFDC agreed to lease up to 20 ac of the Site to the County for 65 years for Kukuiola. Kukuiola will implement a multi-organization approach to reduce the number of homeless individuals and couples without children in Kealakehe and the North Kona region. Kukuiola will provide social services and programs to help transition shelter individuals to PSH and/or affordable housing programs. The HHFDC Rental will increase available affordable housing inventory for the growing West Hawai'i community.
Grandfathered under old rules
Grandfathered under old rules
November 23, 2019 The Environmental Notice
4
Hawaiʻi (continued)
{Residential} Honokōwai Master Plan--(Withdrawal of EISPN)HRS §343-5(a) Trigger
(1) Propose the use of state or county lands or the use of state or county funds
District(s) LahainaTMK(s) (2) 4-4-02:03, 08, 09, 11, 15, 18Permit(s) Sec. 106, National Historic Preservation Act, Act 50 Cultural Impact, BuildingProposing/Determining Agency
Department of Hawaiian Home Lands, State of HawaiʻiAndrew Choy, Acting Planning Manager, (808) 620-9480, [email protected]. Box 1879, Honolulu, HI 96805
Accepting Authority
Governor of the State of Hawai‘i https://governor.hawaii.gov/contact-us/contact-the-governorExecutive Chambers, State Capitol, 415 S. Beretania St., Honolulu, HI 96813
Status The proposing/determining agency is withdrawing the EISPN published on October 23, 2003.DHHL recommends the withdrawal of it’s Honokōwai Master Plan published in the October 23, 2003, The Environmental Notice. The Honokōwai MP, prepared by Kimura International Inc., focused on residential lot development. The EISPN proposed up to 1,000 residential lots, kupuna housing, a commercial area, and spaces for community centers, health care facilities, a school, churches and open space. Subsequent to the publication of the Honokōwai EISPN, DHHL acquired land in the nearby Villages of Leali‛i. These lands provided DHHL with an opportunity to develop and offer residential homesteads within a developing community. The Kimura- Honokōwai Master Plan was abandoned in favor of the development of residential lots within Villag-es of Leali‛i residential community. To date, DHHL has developed and awarded 104 residential lots to beneficiaries in Leali‛i. DHHL is developing an additional 253 residential lots in Leali‛i.
With the acquisition of Leali‛i, DHHL’s master planning efforts at Honokōwai have shifted from providing a primarily residential community to a lower impact agriculture community. DHHL is re-engaging its beneficiaries regarding development of it Ho-nokōwai property and will submit the appropriate documentation to OEQC based on the revised concepts once developed.
Kapoaula Koa Forest Management Plan--Final EA (FONSI)HRS §343-5(a) Trigger
(1) Propose the use of state or county lands or the use of state or county funds
District(s) HāmākuaTMK(s) (3) 4-7-007:011 Permit(s) Board of Land and Natural Resources: Approval of Forest Stewardship Management
Plan -Approval Pending; State Department of Land and Natural Resources: Soil and Water Conservation Plan - Approval Pending
Approving Agency
Department of Land and Natural Resources, State of Hawaiʻi Tanya Rubenstein, (808) 587-0027, [email protected] Division of Forestry and Wildlife, 1151 Punchbowl St., Room 325, Honolulu, HI 96813
Applicant Paniolo Forestry; P.O. Box 490, Paʻauilo, HI 96776Bob Rose, (360) 708-1139, [email protected]
Consultant Cardno; Pacific Guardian Center, 737 Bishop St., Mauka Tower, Suite 3050, Honolulu, HI 96813Kerry Kylene Wells, (808) 349-0929, [email protected]
Status Finding of No Significant Impact (FONSI) determination.Siglo Forest, LLC acquired the 564-acre Kapoaula property from Parker Ranch for the purposes of planting koa trees. The project will convert pastureland back to a semblance of the native koa-‘ōhi‘a forest that once stood in this area and provide controlled future uses of the forest for commercial products. Forestry Solutions, Inc. has authored a site-specific state-approved Forest Stewardship Plan for the area. Through implementation of the site-specific forestry management plan, in approximately 50 years, the property would consist of a mixed-species native forest with steep sloped areas primarily for native species conser-vation and less steeply sloped and less erodible areas primarily used for timber production. The resulting koa forest would provide a sustainable, long-term, predictable source of instrument-grade wood, produce high-quality wood for other uses, and provide habitat for native species that could inspire others to plant trees on their land for similar purposes.
Grandfathered under old rules
MauiImage Not Available
November 23, 2019 The Environmental Notice
5
Maui (continued)
Miki Basin Industrial Park--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) LānaʻiTMK(s) (2) 4-9-002:061 (portion)Permit(s) Land Use District Boundary, Zoning, Building, SubdivisionApproving Agency
Land Use Commission, State of HawaiʻiDaniel Orodenker, Executive Director, (808) 587-3822, [email protected] S. Beretania St., Room 406, Honolulu, HI 96813
Applicant Pulama Lāna‘i; 733 Bishop St., Suite 2000, Honolulu, HI 96813Lynn McCrory, Senior Vice President of Government Affairs, (808) 237 2212, [email protected]
Consultant Ho‘okuleana LLC; 1539 Kanapu‘u Dr., Kailua, HI 96734Peter T Young, President, (808) 226-3567, [email protected]
Status Statutory 30-day public review and comment period starts. Comments are due by December 23, 2019. Please send com-ments to the approving agency and copy the applicant and the consultant.
Pulama Lānaʻi is proposing the Miki Basin Industrial Park, a 200-acre master-planned light and heavy industrial development on land adjoining the Lāna‘i Airport, the Maui Electric Company (MECO) 5-acre power plant and the existing 20-acre Miki Basin Industrial Condominium. The project site is located approximately 3.2-miles south of Kaumālapa‘u Highway in Lāna‘i City, Maui County, Hawai‘i. This project implements the vision for placement of industrial land uses on the island and expands upon the much-needed industrially-zoned land area called for in the Lāna‘i Community Plan.
The project will provide 100-acres for light industrial uses and 100-acres for heavy industrial uses. Pulama Lāna‘i may or may not go through the subdivision process; it may lease sites, rather than sell the land and subdivide. Full buildout of the proposed 200-acre Miki Basin Industrial Park will be developed incrementally over a period of 30-years. As a master-planned project, the master developer will develop the major common infrastructure, such as roads and electric and water utility lines, so as to encourage others to locate light and heavy industrial uses on individual sites within the project.
Kaheawa Wind Power II (Acceptance of Final Supplemental EIS)HRS §343-5(a) Trigger
(1) Propose the use of state or county lands...(2) Propose any use within any land classified as a conservation district
District(s) LahainaTMK(s) (2) 4-8-001: 001 (Note: access road is in 3-6-001 :014)Permit(s) Various (see document)Approving Agency/ Accepting Authority
Department of Land and Natural Resources, State of Hawai‘iLauren Taylor, (808) 587-0010, [email protected] Punchbowl St., Room 325, Honolulu, HI 96813
Applicant Kaheawa Wind Power II, LLC; 200 Liberty St., 14th Floor, New York, NY 10281Lily Henning, (646) 992-2486, [email protected]
Consultant SWCA Environmental Consultants; 307-A Kamani St., Honolulu, HI 96813Amanda Ehrenkrantz, (808) 892-3842, [email protected]
Status The approving agency/accepting authority accepted the Final Supplemental EIS on November 8, 2019KWP II owns and operates a 21-megawatt wind energy generation facility on leased State of Hawai'i Conservation District lands. The Project has an approved HCP to monitor and mitigate for take of three bird species and one bat species. KWP II has request-ed that the BLNR issue an amended ITL and approve an amended HCP to increase incidental take for the Hawaiian hoary bat from 11 to 38 adults, and for the Hawaiian goose from 30 to 44 adults during the remaining 20-year permit. This Final SEIS describes avoidance & minimization measures, monitoring, and mitigation commensurate with the new take levels. Effects to Hawaiian hoary bat and Hawaiian goose would be mitigated by acquiring land for conservation, funding management of a Hawaiian goose breeding pen, and funding research critical to understanding Hawaiian hoary bat movements, roosting behav-ior, and diet. The mitigation proposed would result in a net recovery benefit to both Covered Species.
Grandfathered under old rules
Lanaʻi
November 23, 2019 The Environmental Notice
6
OʻahuWaikīkī War Memorial Complex (Acceptance of Final EIS)HRS §343-5(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(4) Propose any use within any historic site as designated in the National Register or Hawaiʻi Register
District(s) Honolulu
TMK(s) (1) 3-1-031: 003, 009, 010Permit(s) Various (see document)Proposing/Determining Agency
Department of Design and Construction, City and County of HonoluluLansing Sugita, (808) 768-8480, [email protected] South King St., 11th Floor, Honolulu, HI 96813
Accepting Authority
Office of the Mayor of the City and County of Honolulu Kirk Caldwell, Mayor, 650 South King St., 11th Floor, Honolulu, HI 96813, [email protected]
Consultant AECOM Technical Services, Inc.; 1001 Bishop St., 16th Floor, Honolulu, HI 96813Lesley Matsumoto, (808) 529-7259, [email protected]
Status The Mayor accepted the Final EIS on November 12, 2019.The City and County of Honolulu Department of Design and Construction (City) proposes to remedy the current deteriorated state of the Waikīkī War Memorial Complex (WWMC) Natatorium in a manner that renews the memorial to World War I vet-erans and reestablishes public access to this portion of Kapi‘olani Regional Park. The Natatorium was constructed in 1927 as a monument to Hawai‘i’s men and women that served during World War I. The facility consists of a saltwater swimming pool, bleachers, restrooms, and an area currently used as office space.
The City’s proposed action is to construct and operate a rehabilitated WWMC as described by the Perimeter Deck in this EIS. This action would comply with the rehabilitation approach outlined in the United States Secretary of Interior’s Standards for the Treatment of Historic Properties. It would retain as much of the physical structure that defines the historic integrity of the Natatorium as possible without subjecting the Natatorium to the State requirements for public swimming pools, Hawai‘i Ad-ministrative Rules Title 11, Chapter 10.
Grandfathered under old rules
Waikupanaha Agricultural Lots--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) KoʻolaupokoTMK(s) (1) 4-1-008: 002 (por.), 093, 094, 095 and 096Permit(s) Various (see document)Proposing/Determining Agency
Department of Hawaiian Home Lands, State of HawaiʻiDarrell Ing, (808) 620-9276, [email protected]. Box 1879, Honolulu, HI 96805
Consultant The Limtiaco Consulting Group; 1622 Kanakanui St., Honolulu, HI 96817Claire Oshiro, (808) 596-7790, [email protected]
Status Statutory 30-day public review and comment period starts. Comments are due by December 23, 2019. Please send com-ments to the proposing/determining agency and copy the consultant.
The proposed development of Hawaiian Home Lands will allow the agency to award approximately 30 agricultural lots in Waimānalo. Each agricultural homestead lot will be approximately 0.5 to 0.75 acres in size. DHHL's project will affect several contiguous parcels located along Waikupanaha Street and will require onsite infrastructure and connections to existing nearby municipal infrastructure, which is primarily along Hihimanu Street.
The project site consists of several contiguous parcels that are located east of Waikupanaha Street. DHHL's parcels consist of partially improved land that are currently utilized for non-homesteading uses. There are buildings and structures associated with observed agricultural activity within the project site. Field observations and available land use information suggests that the project site has been altered by land-disturbing activities associated with agriculture, animal husbandry and a quarrying operation.
November 23, 2019 The Environmental Notice
7
Oʻahu (continued)
Hunt Kalaeloa Subdivision Roads (Withdrawal of 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) ʻEwaTMK(s) Various (see document)Permit(s) National Pollutant Discharge Elimination System permit for construction storm waterApproving Agency
Hawai‘i Community Development Authority, State of HawaiʻiTesha Malama, Kalaeloa Director of Planning547 Queen St., Honolulu, HI 96813; (808) 620-9643, [email protected]
Applicant Hunt Communities Hawaii LLC; 737 Bishop St., Suite 2750, Honolulu, HI 96813Jinny Cheung, Assistant Development Manager, (808) 792-3754, [email protected]
Consultant R. M. Towill Corporation; 2024 North King St., Suite 200, Honolulu, HI 96819Brian Takeda, Planning Project Manager, (808) 842-1133, [email protected]
Status The Draft EA published on December 23, 2018 has been withdrawn.The DEA Hunt Kalaeloa Subdivision Roads Project is being withdrawn due insufficient information.
Hunt will be submitting a new DEA which will include additional traffic study information and other comments.
The original was submitted because Hunt Communities Hawaii LLC, proposes to construct improvements to roadways, inter-sections and utility systems within the former Barbers Point Naval Air Station property located in ‘Ewa, O‘ahu, approximately 16 miles west of downtown Honolulu. The improvements will involve an area of approximately 35 acres using existing road right-of-ways, and approximately five acres for off-site drainage facilities. The proposed project provides modifications (e.g., widening, the addition or improvement of utilities, turn lanes, and traffic signals) to a number of streets, particularly Saratoga and Roosevelt Avenues. In addition, significant road reconfiguration is indicated for the new southern extension of Kamōkila Boulevard, between Saratoga and Roosevelt Avenues, as well as new alterations to Bennington Street between Hornet and Franklin streets. The proposed project will serve future development of the Kalaeloa Community Development District (Kalae-loa CDD) including public, residential and commercial uses within the Kalaeloa CDD.
567 Portlock Road Replacement Footbridge--Draft EA (AFNSI)HRS §343-5(a) Trigger
(3) Propose any use within a shoreline area
District(s) HonoluluTMK(s) (1) 3-9-026: 044Permit(s) Various (see document)Approving Agency
Department of Planning and Permitting, City and County of HonoluluMalynne Simeon, (808) 768-8023, [email protected] South King St., 7th Floor, Honolulu, HI 96813
Applicant KCR Development; 565 Portlock Rd., Honolulu, HI 96825Mark Gathaiya, (808) 594-9700, [email protected]
Consultant Wilson Okamoto Corporation; 1907 South Beretania St., Suite 400, Honolulu, HI 96826Keola Cheng, (808) 946-2277, [email protected]
Status Statutory 30-day public review and comment period starts. Comments are due by December 23, 2019. Please send com-ments to the approving agency and copy the applicant and the consultant.
KCR Development (KCR) is proposing to replace an existing pedestrian footbridge located along the waterfront at 567 Portlock Road. The existing pedestrian footbridge foundation is in place however, the protective fencing and cables are dilapidated, unsafe, and obsolete. The proposed action seeks to replace the existing fixed pedestrian footbridge with a new, retractable bridge that would allow for vessel passage into the property’s boat harbor.
The proposed replacement footbridge will ensure that public access along the shoreline is maintained. The footbridge will remain in place for the majority of the time, and will only be retracted for very short periods of time to enable the passage of incoming or outgoing vessels, this will maintain continued access across the mouth of the small boat harbor.
November 23, 2019 The Environmental Notice
8
KauaʻiWaiahi Hydropower Long-Term Water Lease--Republication of 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(2) Propose any use within any land classified as a conservation district
District(s) LīhuʻeTMK(s) (4) 3-9-001: 001; 3-8-001: 001, 002, and 003Permit(s) Numerous (see document)Approving Agency
Department of Land and Natural Resources, State of HawaiʻiIan Hirokawa, (808) 587-0420, [email protected] Punchbowl St., Room 220, Honolulu, HI 96813
Applicant Kauai Island Utility CooperativeDawn Huff, (360) 483-6488, [email protected] Kumole St., Kapaʻa, Hl 96746
Consultant SSFM International, Inc.Jennifer Scheffel, (808) 375-6038, [email protected] Aupuni St., Suite 202, Hilo, HI 96720
Status Statutory 30-day public review and comment period starts. Comments are due by November 7, 2019. Please send comments to the approving agency and copy the applicant and consultant.
KIUC is republishing the Draft EA for the Waiahi Hydropower Long-Term Water Lease project to allow for distribution of the Draft EA to agencies, elected officials, and non-governmental organizations. All comments received during the October 8 through November 7 comment period will be included in the Final EA along with comments received during the comment period for the republished Draft EA.
KIUC has requested a 65-year long-term water lease from the Board of Land and Natural Resources for the diversion of water from the North Fork Wailua River and Waikoko Stream for the Upper and Lower Waiahi Hydropower Plants to replace the ex-isting revocable permit authorizing the diversion of water from the North Fork Wailua River and Waikoko Stream Diversions.
HoKua Place--Final EISHRS §343-5(a) Trigger
(1) Propose the use of state or county lands or the use of state or county funds
District(s) KawaihauTMK(s) (4) 4-3-03:por. 01Permit(s) various (see document)Approving Agency/ Accepting Authority
Land Use Commission; State of HawaiiDaniel Orodenker, Executive Director, 808-587-3822, [email protected] South Beretania St., Room 406, Honolulu, HI 96813
Applicant HG Kauaʻi Joint Venture LLC; 9911 S. 78th Ave., Hickory Hills, IL 60457Greg Allen, (808) 645-4500, [email protected]
Consultant Agor Jehn Architects LLC; 119 Merchant St., Suite 605A Honolulu, HI 96813 Ron Agor, (808) 947-2467, [email protected]
Status The Final EIS has been submitted and is pending acceptance by the approving agency/accepting authority, which has 30 days from date of receipt to determine acceptability.
HoKua Place is a proposed 97 acre residential subdivision to contain approximately 683 multi-family units and 86 single family lots and homes. The Project will also include a 14 acres of greenways, a 3.1 acre park, and 1.4 acres for neighborhood commer-cial use.
Grandfathered under old rules
November 23, 2019 The Environmental Notice
9
Previously Published Documents Open for CommentStatus: Public review and comment period for these projects began previously. Comments are due December 9, 2019 unless specified otherwise. Please send comments to the relevant agency and copy any relevant applicant and/or consultant.
HawaiʻiBarry Family SFR at Keaʻau--Republished Draft EA (AFNSI)
OʻahuSea Life Park Improvements--Republished Draft EA (AFNSI)Leeward Community College Value-Added Product Development Center--Draft EA (AFNSI)
KauaʻiAukahi Farm Hapa Road Easement--2nd Draft EA (AFNSI)
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/AgentKaua‘i: Kapa‘a (4-5-013: 020) Rock Wall (SMA(M)-2020-6) Walter and Anne LouieMaui: Pāʻia (2-5-005: 017) Parking Lot Improvements (SM2 20190099) County of Maui Dept of Parks & RecreationMaui: Kīhei (3-8-013: 010) Condo Interior Refinishing (SM2 20190100) Joshua McKim, Nani Kai 401 LLCMaui: Kīhei (3-9-048: 065) Aubrey & Cody Christopher Pool (SM2 20190101) Mike WestO‘ahu: Kaka‘ako (2-1-060: 029) Installation of Chain-Link Fence and Gates, and Construc-
tion of a Driveway Apron (SMA/19-1)Point Panic Productions, Bryan Spicer/Allen Kang
Shoreline Notices
Proposed Shoreline Certifications and RejectionsThe 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 OwnerOA-1856 Proposed 12 Kailua Rd., Oʻahu 96734 (1) 4-3-012: 001 Walter P. Thompson, Inc. Les Vasconcellos, TrusteeOA-1875 Proposed 91-173 ʻEwa Beach Rd., Oʻahu 96706 (1) 9-1-023: 010 Walter P. Thompson, Inc. Mark Suyama & Joty
ManochaOA-1879 Proposed 144 Kaʻapuni Dr., Oʻahu 96734 (1) 4-3-013: 039 Wesley T. Tengan SL Development, LLCMA-718 Proposed 3066 S. Kīhei Rd., Maui 96753 (2) 2-1-010: 025 Action Survey LLC Hale Maluhia Trust (Rodell
Notbohm)MA-723 Proposed Front St., Maui (2) 4-5-002: road Control Point Surveying,
Inc.County of Maui
OA-1857 Rejection 487 Portlock Rd., Oʻahu 96825 (1) 3-9-016: 036 JMI Hawaii, Inc. Daisho Co., Ltd.
Applications for Shoreline CertificationNone this issue
Federal Consistency ReviewsNone this issue
November 23, 2019 The Environmental Notice
10
As a courtesy, listed below are documents submitted for publication that have been prepared pursuant to NEPA, rather than Chapter 343, HRS. Accordingly, these entries may have unique comment periods. Occasionally, actions are subject to both NEPA and Chapter 343, HRS. In those cases, a separate Chapter 343, HRS, entry would be published in The Environmental Notice.
Management of Invasive Vegetation on Wake Island Airfield, Wake Atoll, Pacific Ocean (EA/FONSI)Island Wake IslandPermit(s) NPDES Construction General PermitProposing / Approving Agency
U.S. Air Force, 611th Civil Engineer Squadron/CEIE 10471 20th St, Suite 214 Joint Base Elmendorf-Richardson, Alaska 99506 Lori Roy, 611th CES Installation Management Chief, (907) 552-4151
Consultant EA Engineering, Science, and Technology, Inc., PBC 615 Piʻikoi St., Suite 515, Honolulu, HI 96814 Sam Whitin, (401) 287-0375
Status Transmit comments to Sam Whitin via email: [email protected] by 12/23/2019The proposed action, scheduled to occur between January and March 2020, includes the removal of ironwood from three areas on Wake Island Airfield (WIA) through various combinations of chainsaw, herbicide application, controlled burn, and/or removal by heavy equipment. Disposal would also be carried out by various methods including wood-chipper, controlled wood-pile burn, or in-situ controlled burn. Due to the unique challenges of performing work at this remote location, including transport of equipment and materials, and potential for equipment failure, the Preferred Alternative includes all feasible methods for ironwood removal and disposal. It is expected that one or more of the methods will be used.
The activity is needed to improve habitat for native species and reduce safety concerns in three regions adjacent to the active runway of WIA. Invasive ironwood trees crowd and shade out native vegetation, force low species richness and diversity, provide habitat for invasive rats, and present a hazard to flight operations due to ironwood presence within the 3,000-foot WIA clear zone adjacent to the taxiway, as mandated by AFI 32-7063 Air Installations Compatible Use Zones Program.
National Environmental Policy Act (NEPA) Actions
The view from above Wake Island AIrfield Photo credit: U.S. Pacific Fleet
November 23, 2019 The Environmental Notice
11
Glossary of Terms and Definitions
Ko Olina Bay, Oʻahu Photo by Floyd Manzano
Agency 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 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. 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 343-5.5., entitled “Exception to applicability of chapter”). HEPA 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. 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 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. The Council just completed the repeal of Hawaii Administrative Rules (HAR) Chapter 11-200 and adoption of HAR Chapter 11-200.1.
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 11-200.1-16). 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).
Dec 11 Wed Dec 16 Mon Dec 23 2019 Mon Jan 22 Wed Feb 06 ThuDec 26 Thu Dec 31 Tue Jan 08 2020 Wed Feb 07 Fri Feb 24 MonJan 10 Fri Jan 15 Wed Jan 23 Thu Feb 24 Mon Mar 09 MonJan 29 Wed Feb 03 Mon Feb 08 Sat Mar 09 Mon Mar 24 TueFeb 11 Tue Feb 14 Fri Feb 23 Sun Mar 24 Tue Apr 08 WedFeb 26 Wed Mar 02 Mon Mar 08 Sun Apr 07 Tue Apr 22 WedMar 11 Wed Mar 16 Mon Mar 23 Mon Apr 22 Wed May 07 ThuMar 27 Fri Apr 01 Wed Apr 08 Wed May 08 Fri May 26 TueApr 13 Mon Apr 16 Thu Apr 23 Thu May 26 Tue Jun 08 MonApr 28 Tue May 01 Fri May 08 Fri Jun 08 Mon Jun 22 MonMay 13 Wed May 18 Mon May 23 Sat Jun 22 Mon Jul 07 TueMay 27 Wed Jun 01 Mon Jun 08 Mon Jul 08 Wed Jul 23 ThuJun 10 Wed Jun 16 Tue Jun 23 Tue Jul 23 Thu Aug 07 FriJun 25 Thu Jun 30 Tue Jul 08 Wed Aug 07 Fri Aug 24 MonJul 13 Mon Jul 16 Thu Jul 23 Thu Aug 24 Mon Sep 08 TueJul 29 Wed Aug 03 Mon Aug 08 Sat Sep 08 Tue Sep 22 Tue
Aug 11 Tue Aug 14 Fri Aug 23 Sun Sep 22 Tue Oct 07 WedAug 26 Wed Aug 31 Mon Sep 08 Tue Oct 08 Thu Oct 23 FriSep 11 Fri Sep 16 Wed Sep 23 Wed Oct 23 Fri Nov 09 MonSep 28 Mon Oct 01 Thu Oct 08 Thu Nov 09 Mon Nov 23 MonOct 13 Tue Oct 16 Fri Oct 23 Fri Nov 23 Mon Dec 07 MonOct 27 Tue Oct 30 Fri Nov 08 Sun Dec 08 Tue Dec 23 WedNov 10 Tue Nov 16 Mon Nov 23 Mon Dec 23 Wed Jan 07 ThuNov 25 Wed Dec 01 Tue Dec 08 Tue Jan 07 Thu Jan 22 FriDec 11 Fri Dec 16 Wed Dec 23 2020 Wed Jan 22 Fri Feb 08 MonDec 28 Mon Dec 31 Thu Jan 08 2021 Fri Feb 08 Mon Feb 22 Mon
20201996 Rules Submittal Deadline
New Rules Submittal Deadline
Publication DateEA or EISPN
Comment 30-Day Deadline
EIS Comment 45-Day Deadline
Publication Calendar of the Office of Environmental Quality Control Periodic Bulletin, HAR Chapter 11-200.1
• Section 11-200.1-4(a), HAR, establishes the publication schedule of the periodic bulletin to be on the eighth and twenty-third ofeach month. Publication may occur on weekends and holidays.
• Section 11-200.1-5(a), HAR, establishes the submittal deadline to be five working days before the publication date. The scheduledoes not count holidays and non-working days. Items must be submitted before the close of business (4:30 PM) on thesubmittal deadline. Note: Actions that have published the Draft EA or EISPN on or before August 8, 2019 shall file pursuant toChapter 11-200, HAR, which requires filing eight working days before publication.
• Comment periods for EAs is 30 days and for EISs is 45 days from the publication date. Section 11-200.1-3 sets forth how to countthe days from publication. The publication date is day zero. Holidays and weekends are counted. When the deadline falls on astate holiday or non-working day, the deadline is the next working day.
Pursuant to Chapter 11-200.1, Hawaiʻi Administrative Rules (HAR), all items to be published in the periodic bulletin must be electronically submitted to the OEQC five working days prior to the publication date. For actions that have published a draft EA or EISPN on or before August 8, 2019, use the 1996 Rules Submittal Deadline column for determining the filing date for the Final EA, Draft EIS, Final EIS, Acceptance / Non-acceptance, supplemental determinations, and supplemental EISs.
Contact OEQC at 808-586-4185 [email protected] October 7, 2019
