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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.
October 8, 2019
A redeveloped transit hub is slated for Kahului, the retail center for Maui residents Photo credit: ideatrendz
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
October8,2019 TheEnvironmentalNotice
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Table of Contents
LEGEND New document count in this issue: 8 total - HRS § 343-5(b) Agency Actions: 3 - HRS § 343-5(e) Applicant Actions: 5
Statewide Map of New HRS Chapter 343 Documents & Determinations
Waiahi Hydropower water lease
Announcements• October 15 will be Scott Glenn's last day as Director of the Office of Environmental Quality Control; he has been select-
ed by the Governor to be the Chief Energy Officer of the Hawaiʻi State Energy Office, attached to DBEDT. We wish him a fond Mahalo and Aloha for his dedicated work since 2015 directing OEQC and supporting the Environmental Council. As of now, no one has been selected to become the next Director of OEQC.
• The OEQC publication calendar with submittal and comment deadlines for 2020 is attached at the end of this issue.
• Please remember that paper copies of EAs and EISs are no longer required or accepted when submitting to OEQC under the new rules. The Hawaiʻi Document Center does want a paper copy of all documents, along with a digital file; if a draft doc-ument is being filed, then also provide a paper copy to the nearest state library. Approving agencies may each have their own submittal requirements in this regard, so as always, we encourage applicants to closely coordinate with them.
Announcements 2Statewide Map of New HRS Chapter 343 Documents & Determinations 2HawaiʻiMoore Residence/Agroforestry at Pōpōkī--Final EA (FONSI) 3Offshore Limu Demonstration Project--Final EA (FONSI) 3Waiʻaha Well B--Draft EA (AFNSI) 4MauiKahului Transit Hub Relocation--Final EA (FONSI) 4Windward Hotel--Draft EIS 5OʻahuAdventist Health Castle Master Plan @ Hawaiʻi Loa--Final EIS 5ʻEwa Villages R-1 Replacement Project--Draft EA (AFNSI) 6
KauaʻiWaiahi Hydropower Longterm Water Lease--Draft EA (AFNSI) 6Previously Published Documents Open for Comment 7Lists of Exemption Notices 7Coastal Zone Management Notices
Federal Consistency Reviews 8Special Management Area (SMA) Minor Permits 8
Shoreline NoticesApplications for Shoreline Certification 9Proposed Shoreline Certifications and Rejections 9
federal notices 9Glossary of Terms and Definitions 10
ʻEwa Villages R-1 waterline Adventist Health Castle at Hawaiʻi Loa
Kahului Transit Hub
Windward Hotel
Moore SFR & Agroforestry
Waiʻaha Well B
Offshore Limu Demonstration Project
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Hawaiʻi
Offshore Native Hawaiian Macroalgae Demonstration Project--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(2) Propose any use within any land classified as a conservation district
District(s) North KonaTMK(s) Off-shore; 1.5 nautical miles SSE of Kaiwi Point, North KonaPermit(s) Conservation District Use Permit (CDUA HA-3843)Approving Agency
Department of Land and Natural Resources, State of HawaiʻiMichael Cain, (808) 587-0048, [email protected] of Conservation & Coastal Lands, 1151 Punchbowl St. # 131, Honolulu, HI 96813
Applicant Kampachi Farms LLCLisa Vollbrecht, (808) 331-1188; [email protected]. Box 4239, Kailua-Kona, HI 96745
Status Finding on No Significant Impact (FONSI) determinationThe applicant proposes to grow four native species of algae on a submersible growth platform. The array will measure ten meters by forty meters. The growth platform will consist of a series of thirty-meter long algal lines which will be suspended between solid pipes. This platform will be suspended ten meters below the water surface. The array will be moored to the bottom in approximately 120-meter water depth using either concrete blocks or embedment anchors. A 700-meter long pipe will extend beyond the eastern mooring anchor to the 300-meter water depth. A pump will be installed at the terminal end. This system is designed to provide deep sea water to the array. The mooring and anchor will cover 0.36 hectares. As the array is designed to swing 360 degrees around the mooring, the total project area will encompass 28.2 hectares.The project will be serviced by a vessel which will run out of Honokohau Harbor, and is intended to last three years.
Moore Residence/Agroforestry at Pōpōkī--Final EA (FONSI)HRS §343-5(a) Trigger
(2) Propose any use within any land classified as a conservation district
District(s) PunaTMK(s) (3) 1-5-010: 031Permit(s) Various (see document)Approving Agency
Department of Land and Natural Resources, State of Hawai‘iK. Tiger Mills, (808) 587-0382; [email protected] of Conservation & Coastal Lands, 1151 Punchbowl St, #131, Honolulu, HI 96813
Applicant Mike Moore; 6215 Kanan Dume Road, Suite M1079, Malibu, CA 90265C/O: James Leonard (808) 896-3459; [email protected]
Consultant Geometrician Associates LLCRon Terry, (808) 969-7090; [email protected]. Box 396, Hilo, HI 96721
Status Finding on No Significant Impact (FONSI) determinationMike Moore plans to build a residence and conduct agroforestry using Polynesian and other crops on his 8.75-acre property in Puna. The a 1,950-square foot (sf), 2-bedroom 2-bath, single-story structure would have solar photovoltaic electricity, a water well, and an IWS. A 765-sf outbuilding will house farm equipment, tools and supplies and will shelter sheep and goats that will be tethered and/or fenced and utilized in vegetation maintenance. The vegetation was disturbed long ago and now is almost exclusively non-native plants. A strip of native shoreline vegetation will be left intact. Landclearing over less than an acre would produce short-term impacts to noise, air and water quality, and scenery, mitigated by Best Management Practices. No threatened or endangered plant species are present, and iImpacts to the islandwide-ranging endangered Hawaiian hoary bat and Hawaiian hawk will be avoided through vegetation removal timing. An archaeological survey identified one agricultural site with walls, mounds and other features. Although not expected to require preservation, the features would be undisturbed or undergo agricultural re-use. No cultural sites or practices would be affected. The shoreline is used by local residents to fish and gather; Mr. Moore understands and supports the right to traverse and utilize the shoreline area.
Grandfathered under old rules
Grandfathered under old rules
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Hawaiʻi (continued)
Maui
Waiʻaha Well B--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) North KonaTMK(s) (3) 7-5-014:016, 7-5-015:015Permit(s) Various (see document)Proposing/Determining Agency
Department of Water Supply, County of HawaiʻiShari Uyeno, P.E., Civil Engineer, (808) 961-8070 ext. 252; [email protected] Resources and Planning Branch, 345 Kekuanaoa St., Suite 20, Hilo, HI 96720
Consultant Planning Solutions, Inc.; 711 Kapiʻolani Blvd., Suite 950, Honolulu, HI 96813Mākena White, AICP, (808) 550-4538; [email protected]
Status Statutory 30-day public review and comment period starts. Comments are due by November 7, 2019. Please send comments to the proposing/determining agency and copy the consultant.
The County of Hawaiʻi, Department of Water Supply proposes to construct and operate a new well (“Well B”) at its existing Waiʻaha Well and Reservoir facility as a source for its North Kona Water System. The project will also include a new pump control and chlorination building and installation of ancillary power and pump equipment.
Kahului Transit Hub Relocation--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) WailukuTMK(s) (2) 3-7-002:020 (por.), 3-7-004:003 (por.), and 3-7-005:003 (por.)Permit(s) Special Management Area Use Permit, Grading/Grubbing Permit, Building Permits,
Work on County HighwayProposing/Determining Agency
Department of Transportation, County of MauiMarc Takamori, Director, (808) 270-7511; [email protected] Kaohu Street, Trask Building, Suite 102, Wailuku, HI, 96793
Consultant Munekiyo Hiraga; 305 High Street, Suite 104, Wailuku, HI 96793Charlene S. Shibuya, Senior Associate, (808) 244-2015; [email protected]
Status Finding on No Significant Impact (FONSI) determinationThe County of Maui, Department of Transportation (MDOT) proposes to relocate the existing transit hub, currently located at the Queen Kaahumanu Center (QKC), on a portion of Tax Map Key (TMK) (2)3-7-002:020 in Kahului, Maui to a new 0.85-acre site located on portions of TMKs (2)3-7-004:003 and (2)3-7-005:003, Parcel 4-3 and Parcel 5-3, respectively. Improvements on Parcel 4-3 include the development of a ticket booth and office, restrooms and storage building, roof structures to cover the passenger waiting and loading areas, and parking lot. Related onsite improvements include grading work, removal of old and installation of new asphalt pavement, installation of bollards, access gates, and fencing, and landscaping improvements. Related off site improvements on Parcel 5-3 include roadway frontage improvements, placement of existing overhead utility lines un-derground, sewer and water connections, sidewalks, and driveway access improvements.
An additional component of the proposed action is the removal of 11 existing bus shelters at the current QKC transit hub. No other work is proposed for this location.
Grandfathered under old rules
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Maui (continued)
Oʻahu
Windward Hotel--Draft EISHRS §343-5(a) Trigger
(6) Propose any amendments to existing county general plans where the amendment would result in designations other than agriculture, conservation, or preservation
District(s) WailukuTMK(s) (2) 3-8-103:014 (portion), 015, 016, 017, 018Permit(s) Various (see document)Approving Agency
Maui Planning Commission, County of MauiMs. Tara Furukawa, Staff Planner, (808) 270-8205; [email protected] Main St., Suite 619, Wailuku, HI 96793
Applicant R.D. Olson Development; 520 Newport Center Dr., Suite 600, Newport Beach, CA 92660Mr. Anthony Wrzosek, Vice President, (949) 271-1109
Consultant Chris Hart & Partners, Inc.; 115 North Market St., Wailuku, HI 96793Mr. Brett A. Davis, Senior Planner, (808) 242-1955; [email protected]
Status Statutory 45-day public review and comment period starts. Comments are due by November 22, 2019. Please send com-ments to the approving agency and copy the applicant and the consultant.
R.D. Olson Development is planning to develop a 200 room hotel with associated onsite amenities on five (5) acres within Maui Business Park Phase II, off of Lauo Loop in Kahului. The hotel will primarily serve users of the Kahului Airport, as well as others requiring accommodation in Central Maui. The hotel will vary from one (1) to four (4) stories in height, with elevator towers, and will include amenities, such as a swimming pool, dining area, sundry shop, meeting room, business center and other support services and accessory uses for hotel operation. In addition, the project will include associated onsite and offsite infrastructure improvements, including but not limited to water, sewer, roads, drainage and electrical.
Adventist Health Castle Master Plan - Hawaiʻi Loa Campus--Final EISHRS §343-5(a) Trigger
(2) Propose any use within any land classified as a conservation district
District(s) KoʻolaupokoTMK(s) (1) 4-5-035:10Permit(s) Various (see document)Approving Agency
Department of Land and Natural Resources, State of HawaiʻiKimberly (Tiger) Mills, Office of Conservation and Coastal Lands(808) 587-0382; [email protected] Punchbowl St., Room 131, Honolulu, HI, 96813
Applicant Adventist Health Castle; 640 Ulukahiki St., Kailua, HI 96734Kathryn Raethal, President, (808) 263-5142; [email protected]
Consultant G70; 111 South King St., Suite 170, Honolulu, HI 96813Christine Mendes Ruotola, AICP, LEED AP, (808) 523-5866; [email protected]
Status FEIS has been submitted and is pending acceptance by the approving agency, which has 30 days from date of receipt to determine acceptability.
Adventist Health Castle (AHC) has been caring for the Windward Oʻahu community since Castle Memorial Hospital first opened its doors in 1963, and serves a population of more than 130,000 residents. Castle Medical Center currently provides 160 hos-pital beds supported by more than 1,000 associates, 330 medical staff and 140 volunteers. AHC’s patient-centered care extends well beyond hospital and clinical walls through its many programs that serve the health and medical needs of the community. AHC has determined it needs to modernize its inpatient care facility, to expand outpatient facilities to meet the projected in-creased demand and to offer treatments not currently available in Windward Oʻahu, and to consolidate its services in a cen-tralized, natural healing environment. AHC purchased the 132-acre Hawaiʻi Pacific University (HPU) campus in 2016, securing sufficient space to create a 21st Century health care campus to meet the community’s current and future needs. The private-ly-owned parcel lies within the State Conservation District and was authorized for educational use as the Hawaii Loa College Special Subzone under HAR §13-5. To transform the campus as guided by the AHC Master Plan requires approval from the Department of Land and Natural Resources (DLNR) to include a subzone use change.
Grandfathered under old rules
Grandfathered under old rules
October8,2019 TheEnvironmentalNotice
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ʻEwa Villages R-1 Replacement Project--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(4) Propose use within a historic site as designated in the National or Hawaiʻi Register
District(s) ʻEwaTMK(s) Various (see document)Permit(s)Proposing/Determining Agency
Department of Facility Maintenance, City and County of HonoluluEd Manglallan, (808) 768-3343, [email protected] Uluohia St., Suite 215, Kapolei, HI 96707
Consultant HHF Planners; 733 Bishop St., Suite 2590, Honolulu, HI 96813Corlyn Orr, (808) 457-3168, [email protected]
Status Statutory 30-day public review and comment period starts. Comments are due by November 7, 2019. Please send comments to the proposing/determining agency and copy the consultant.
The City and County of Honolulu Department of Facility Maintenance is proposing to construct a R-1 (non-potable) waterline to upgrade existing irrigation water service for the ‘Ewa Villages community. Roughly one mile of new pipe would be trenched underground within the Renton Road right-of-way between Ka Makana Ali‘i Shopping Center and Park Row with a new con-nection to an existing 16-inch water main that runs parallel to the shopping center’s eastern boundary. System improvements are needed to bypass the ‘Ewa Villages Golf Course irrigation pond (where R-1 water is currently stored) and deliver R-1 water directly from the Honouliuli Water Recycling Facility. Construction staging and equipment storage would occur on one of two City-owned properties on Renton Road: either the vacant parcel directly across from Leialoalo Street or next to the ‘Ewa Plan-tation Manager’s Home, which is currently underutilized. Project funding would be from City funds and U.S. HUD-CDBG funds.
Oʻahu (contined)
Waiahi Hydropower Long-Term Water Lease--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 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. KIUC is requesting to divert at the North Fork Wailua River all water available in the stream above and beyond 3.5 mgd at the diversion and at the Waikoko Stream all the water available in the stream above and beyond 0.8 mgd at the diversion, up to the ditch capacity, which is estimated to be 30 mgd below the Waikoko Stream Diversion. Upon receipt of the long-term water lease, KIUC would make permanent modifications to the diversion structures to ensure the IFS established by CWRM remains in the stream channel at all times.
Kauaʻi
October8,2019 TheEnvironmentalNotice
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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 and/or consultant.
Comments Due October 8, 2019HawaiʻiHuff Single-Family Residence at Kaiwiki--Draft EA (AFNSI)
Comments Due October 23, 2019OʻahuSea Life Park Improvements--Draft EA (AFNSI)
Comments Due November 7, 2019MauiEast Maui Water Lease--Draft EIS
OʻahuNew Aloha Stadium Entertainment District (EIS Preparation Notice)
KauaʻiKaua'i Seabird (Habitat Conservation Plan)
Lists of Exemption NoticesPursuant to newly established HAR § 11-200.1-17, State and county agencies that have determined specific actions to be exempt from the requirement to prepare an EA are required to submit a listing of such exemptions made during the previous month. Following are lists of Exemption Notices submitted by various agencies for September 2019; contact the identified agency contact on each list for additional information about any specific exemption:
State of HawaiʻiDepartment of Land and Natural ResourcesDepartment of TransportationHawaii Housing Finance Development Corporation
County of HawaiʻiDepartment of Public Works
County of MauiDepartment of Planning
CIty and County of HonoluluDepartment of Planning and Permitting
October8,2019 TheEnvironmentalNotice
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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 state’s 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 § 306(d)(14) of the CZMA, and federal regulations at 15 CFR § 930.2, § 930.42, and § 930.61. 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 John Nakagawa at [email protected] or (808) 587-2878. 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: [email protected] Department of Business, Economic Development and Tourism P.O. Box 2359, Honolulu, HI 96804
National Marine Fisheries Service (NMFS) Proposed Amendment 10 to the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (Pelagics FEP)
Proposed Action: NMFS is proposing to amend the Pelagics FEP to reduce the annual limit for leatherback sea turtles and remove the annual limit for North Pacific loggerhead sea turtles. The amendment would also establish individual fishing trip limits on interactions with both leatherback and North Pacific loggerhead turtles. The proposed trip limits are 5 loggerhead or 2 leatherback turtles. If a vessel reaches either limit on any shallow-set longline trip, NMFS would require the vessel to stop fishing, return to port, and remain in port for five days. If a vessel were to reach an interaction limit twice in a calendar year, NMFS would prohibit that vessel from shallow-set longline fishing for the remainder of that calendar year. In the following calendar year, if that vessel were again to reach a trip limit for a species (making it the third time for that turtle species), NMFS would prohibit that vessel from participating in the fishery for the remainder of that calendar year.
Location: Western Pacific OceanFederal Action: Federal Agency Activity
Federal Agency: NMFS, Pacific Island Regional OfficeContact: Joshua Lee, NMFS, (808) 725-5177, [email protected]
Comments Due: October 22, 2019
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: Moloa‘a (4-9-014: 007) Replacement of Existing Chain Link Fence with Four Foot High
Rock Wall. (SMA(M)-2020-1)6610 Kuono Road, LLC
Maui: Lahaina (4-5-002: 009) Restaurant and Store (SM2 20190081) Tommy BahamaMaui: Makena (2-1-011: 028) Construction of Second Residence (SM2 20190082) Anthony Riecke-GonzalesMaui: Olowalu (4-8-003: 084) After-the-Fact Camp Olowalu Sheds (SM2 20190083) Nohelani UU-HodginsMaui: Kahului (3-7-009: 013) Building Renovation (SM2 20190084) Glenn Nagata, Finance Factors, Ltd.Maui: Lahaina (4-3-008: 002 and 003) Polynesian Shores-Electrical Upgrade (SM2 20190085) Polynesian Shores-Donald Clary Jr.O‘ahu: Waipahu (9-4-008: 030 and 9-4-003: 001)
Honolulu Rail Transit Middle Loch Connector (2019/SMA-23) City and County of Honolulu, Depart-ment of Transportation Services
O‘ahu: Maunalua (3-9-007: 011 and makai of 3-9-002: 031)
Construction of Staging – Hawaii Kai Entrance Channel Groin Replacement Project (2019/SMA-24)
Hawaii Kai Marina Community Asso-ciation/Sea Engineering
October8,2019 TheEnvironmentalNotice
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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-722 1528 Halama St., Maui 96753 (2) 3-9-010: 012 Dominic Crosariol S. Enterprises - Hawaii LLC
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 OwnerOA-1850 Proposed 91-153 Kaomi Loop, Oʻahu 96707 (1) 9-1-026: 046 Walter P. Thompson, Inc. CMZ of Hawaii, Inc.OA-1872 Proposed 10 Sand Island Access Rd., Oʻahu 115041006 por. R.M. Towill Corporation State of Hawaiʻi, DOT-HarborsMA-714 Proposed 1772 Halama St., Maui 96753 (2) 3-9-012: 006 Ailana Surveying &
Geomatics, LLCHI20181772 Liability Company
HA-577 Proposed Moana Kai Pali St., Hawaiʻi (3) 1-2-030: 009 Daniel Berg, dlb & associates, LLC
Donald E. Leonard Tr
HA-578 Proposed 89-1151 Miloliʻi Rd., Hawaiʻi 96704 (3) 8-9-004:001 Austin, Tsutsumi & Associates
State of Hawaiʻi
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.
Notice: Western Pacific Fishery Management Council; Public Meetings (published by the National Oceanic and Atmospheric Administration on 09/30/2019)The Western Pacific Fishery Management Council (Council) will hold its 134th Scientific and Statistical Committee (SSC) meeting, American Samoa Archipelago Fishery Ecosystem Plan Advisory Panel (AP), American Samoa Regional Ecosystem Advisory Com-mittee (REAC), Executive and Budget Standing Committee, Pelagic and International Standing Committee and its 180th Council meeting to take actions on fishery management issues in the Western Pacific Region. The meetings will be held between October 15 and October 24, 2019. For specific times and agendas, click on the linked title to this entry. The 134th SSC meeting will be held Oct 15-17 at the Council's Honolulu Office Conference Room, 1164 Bishop St. Suite 1400, (808) 522-8220, while all the other meetings will be held in American Samoa.
Notice: Proposed Flood Hazard Determinations (published by the Federal Emergency Management Agency (FEMA) on 09/30/2019)Comments are requested on proposed flood hazard determinations, which may include additions or modifications of any Base Flood Elevation, base flood depth, Special Flood Hazard Area boundary or zone designation, or regulatory floodway on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports for the affected Kauaʻi communities. The purpose of this notice is to seek general information and comment regarding the preliminary FIRM, and where applicable, the FIS report that FEMA has provided to the affected communities. The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program. In addition, the FIRM and FIS report, once effective, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings. Comments are to be submitted on or before December 30, 2019.
Federal Notices
October8,2019 TheEnvironmentalNotice
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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).
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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
