September 23, 2019oeqc2.doh.hawaii.gov/The_Environmental_Notice/2019-09-23-TEN.pdf · 23/09/2019...
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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. September 23, 2019 Your scoping comments are being sought on the new entertainment district proposed for the site of Aloha Stadium; see inside! Photo credit: James Pasne 235 South Beretania Street, Suite 702 • Honolulu, Hawaiʻi 96813 • (808) 586-4185 • [email protected] • hp://health.hawaii.gov/oeqc David Y. Ige, Governor Sco Glenn, Director
Transcript of September 23, 2019oeqc2.doh.hawaii.gov/The_Environmental_Notice/2019-09-23-TEN.pdf · 23/09/2019...
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.
September 23, 2019
Your scoping comments are being sought on the new entertainment district proposed for the site of Aloha Stadium; see inside! Photo credit: James Pastine
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: 5 total - HRS § 343-5(b) Agency Actions: 2 - HRS § 343-5(e) Applicant Actions: 3
Statewide Map of New HRS Chapter 343 Documents & Determinations
Kawailoa Wind Farm
Announcements• Comments are being accepted through November 7, 2019 regarding the EIS Preparation Notice for the New Aloha
Stadium Entertainment District, which will include a new stadium in addition to other various components. A public scoping meeting will be held Wednesday, September 25 at the existing stadium's Hospitality Room. See page 5 for a link to the EISPN.
• Submitters of Draft Environmental Assessments and Environmental Impact Statement Preparation Notices for publica-tion in The Environmental Notice are reminded to include a .zip file that contains the shapefile or KML file for the action location boundary.
Announcements 2Statewide Map of New HRS Chapter 343 Documents & Determinations 2Maui
East Maui Water Lease--Draft EIS 3Keawe Street Apartments (No Supplemental EIS Required) 3
OʻahuSea Life Park Improvements--Draft EA (AFNSI) 4Kawailoa Wind Farm--Final Supplemental EIS 4Noelani Elementary School Library/IDEA Center--Final EA (FONSI) 5
Previously Published Documents Open for Comment 5Coastal Zone Management Notices
Special Management Area (SMA) Minor Permits 5Shoreline Notices 6Application for Accretion 6Federal Notices 7Glossary of Terms and Definitions 9
Sea Life Park
Noelani Elementary SchoolEast Maui Water Lease
Keawe Street Apartments
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East Maui Water Lease--Draft EISHRS §343-5(a) Trigger
(1) Propose the use of state or county lands or the use of state or county funds
District(s) Maui-multipleTMK(s) (2) 1-2-004:005, 007; 1-1-002:002; 1-1-001:44, 050; 2-9-014:001, 005, 011, 012, 017Permit(s) Various (see document)Approving Agency
Board of Land and Natural Resources, State of HawaiʻiMr. Ian Hirokawa, (808) 587-0400, [email protected] Punchbowl Street, Honolulu, HI 96813
Applicant Alexander & Baldwin Inc. (A&B)/East Maui Irrigation Company, Limited (EMI), collectively referred toas “A&B; c/o Wilson Okamoto Corporation, [email protected]
Consultant Wilson Okamoto Corporation; 1907 S. Beretania Street, Suite 400, Honolulu, HI 96826Mr. Earl Matsukawa, AICP, (808) 946-2277, [email protected]
Status Statutory 45-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 the consultant.
The Proposed Action constitutes the issuance of a long-term (30-year) Water Lease from the BLNR that grants the lessee the "right, privilege, and authority to enter and go upon" the License Area for the "purpose of developing, diverting, transporting, and using government owned waters" through the existing EMI Aqueduct System which supplies water to domestic and agri-cultural water users. The Water Lease, which will be awarded by public auction, will enable the lessee to enter upon lands owned by the State of Hawai‘i in order to maintain and repair existing access roads and trails used as part of the EMI Aqueduct System, and will allow for the continued operation of the EMI Aqueduct System to deliver water to the MDWS for domestic and agricultural water needs in Upcountry Maui, including the agricultural users at the KAP and the planned 262-acre KAP expansion, as well as for the Nāhiku community, which, through the MDWS, draws up 20,000 to 45,000 gallons per day (gpd), dependent on weather, directly from the EMI Aqueduct System. It will also allow the continued provision of water to approximately 30,000 acres of agricultural lands (formerly in sugarcane) in Central Maui.
Maui
Keawe Street Apartments (No Supplemental EIS Required)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 ) 4-5-021:003 (por)Permit(s) Various (see document)ProposingAgency
Hawaiʻi Housing Finance and Development Corporation, State of HawaiʻiStan S. Fujimoto, Project Manager, Development Branch, (808) 587-0541677 Queen Street, Suite 300, Honolulu, HI 96813; [email protected]
Accepting Authority
Governor, State of HawaiʻiSara Lin, (808) 586-0805, [email protected] S. Beretania Street, Honolulu, HI 96813
Consultant Munekiyo Hiraga; 305 High Street, Suite 104, Wailuku, HI 96793Tessa Munekiyo Ng, (808) 983-1233, [email protected]
Status The Accepting Authority has determined that no supplemental EIS is required.The proposed Keawe Street Apartments is the first phase of the Villages of Leiali’i mixed-use, master planned community located on approximately 1,033 acres of land owned by HHFDC and the State of Hawaiʻi in Lahaina, Maui. The proposed rental housing project will be developed by Ikaika Ohana on approximately 28.5 acres of land leased from HHFDC. Approximately 200 two-, three-, and four-bedroom apartment units will be built for rent to households earning 60 percent and below the area median income. The Keawe Street Apartments will be accessed via a new public road off of Keawe Street. Related improvements include common area amenities, parking, landscaping, onsite and offsite drainage, and water and wastewater infrastructure improve-ments. The 2019 Hawaii State Legislature appropriated $37 million out of the State’s Rental Housing Revolving Fund to expedite and complete the construction of this project. The proposed Keawe Street Apartments project and related improvements have been assessed in the Final EIS for the Village of Leialiʻi, which was accepted by the Governor in December 2012.
Grandfathered under old rules
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Sea Life Park Improvements--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) KoʻolaupokoTMK(s) (1) 4-1-014: 004 (por.)Permit(s) Special Management Area Use PermitApproving Agency
Department of Planning and Permitting, City and County of HonoluluLila Youn, (808) 768-8016, [email protected] 650 S. King Street, 7th Flr., Honolulu, HI 96813
Applicant Sea Life Park Hawaii; 41-202 Kalanianaʻole Highway #7, Waimānalo, HI 96795Valerie King, (808) 259-2502, [email protected]
Consultant G70; 111 S. King Street, Suite 170, Honolulu, HI 96813Jeff Overton, (808) 523-5866, [email protected]
Status Statutory 30-day public review and comment period starts. Comments are due by October 23, 2019. Please send comments to the approving agency and copy the applicant and the consultant.
Sea Life Park provides a unique setting for kamaʻaina and visitors to experience marine wildlife and the culture of the islands. The Park is planning to renovate, expand and relocate 14 exhibits and related facilities to improve the park and visitor experience. New exhibits and renovations will help to accommodate up to 1,300 visitors per day by 2025. The improvements will include a new Entry Concierge & Gift Shop and new Indoor Aquarium. Renovation and expansion will occur for the Honu Conservation and Education Center, Hawaii Ocean Theatre, Shark Cave, Restaurant, Luau area, and Conservation Center. The Penguin Exhibit, Seabird Sanctuary, and Hale Manu Aviary will be relocated and upgraded. Parking, vehicle access and circulation will be upgrad-ed, along with the seawater delivery system. The total cost for these improvements is estimated at $30 million.
Oʻahu
Kawailoa Wind Farm--Final Supplemental 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) WaialuaTMK(s) (1) 6-1-006:001, 6-1-007:001 and 6-2-011:001Permit(s) Amendment to Habitat Conservation Plan, Incidental Take (IT) License and IT PermitApproving Agency
Department of Land and Natural Resources, State of HawaiʻiJim Cogswell, Division of Forestry and Wildlife, [email protected] Punchbowl Street, Room 325, Honolulu, HI 96813
Applicant Kawailoa Wind, LLC; 1166 Avenue of the Americas, 9th Floor, New York, NY 10036Brita Woeck, [email protected]
Consultant Tetra Tech, Inc.; 737 Bishop Street, Suite 2340, Honolulu, HI 96813Lisa Kettley, [email protected]
Status Final Supplemental 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.
The Kawailoa Wind Project is a 69-megawatt wind farm located about 5 miles northeast of Haleʻiwa town on the north shore of Oʻahu. An EIS for the Project was accepted by the State of Hawaiʻi Department of Business, Economic Development, and Tourism in July 2011. The Project was constructed in 2012 and has been in operation since that time. The Project operates under an approved Habitat Conservation Plan (HCP) and Incidental Take License (ITL) issued by the State of Hawaiʻi Department of Land and Natural Resources (DLNR), pursuant to HRS Chapter 195D. The HCP and ITL provide coverage for incidental take of state listed wildlife species, including the endangered Hawaiian hoary bat (Lasiurus cinereus semotus). Post construction mor-tality monitoring data indicate that operation of the wind turbines is resulting in a greater number of endangered Hawaiian hoary bat fatalities than anticipated in the approved HCP and authorized under the ITL. As such, Kawailoa Wind is pursuing an amendment to the HCP as part of the request to increase the amount of Hawaiian hoary bat take authorized by the ITL. Addi-tionally, Kawailoa Wind is requesting to add take authorization for the endangered Hawaiian petrel (Pterodroma sandwichensis). Given that the impacts to the Hawaiian hoary bat and Hawaiian petrel are greater than anticipated, DLNR requested that an SEIS be prepared to support its decision making for the requested amendment to the HCP and ITL. A separate but parallel HCP Amendment and environmental review process is being conducted pursuant to the Endangered Species Act and National En-vironmental Policy Act.
Grandfathered under old rules
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Oʻahu (continued)Grandfathered under old rulesNoelani Elementary School Library/IDEA Center--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) HonoluluTMK(s) (1) 2-9-023: 029Permit(s) County construction permitsProposing/Determining Agency
Department of Education, State of HawaiʻiJohn C.H. Chung, PWA, (808) 784-5040, John CH [email protected] Waiʻalae Avenue, Honolulu, HI 96816
Consultant WCP Inc. for Urban Works, Inc.; 99-061 Koaha Way, Suite 208, ʻAiea, HI 96701-5626Derek Yasaka, (808) 380-3856, [email protected]
Status Finding of No Significant Impact (FONSI) determination.The Proposed Action involves the construction of an Innovate, Discover, Explore, and Achieve (IDEA) Center at Noelani Elemen-tary School 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 multi-purpose room and storage; mechanical, electrical, and custodial facilities; and restrooms.
Previously Published Documents Open for CommentStatus: Public review and comment period for these projects began previously. Comments are due by October 8, 2019, unless indi-cated otherwise. Please send comments to the relevant agency and copy any relevant applicant and/or consultant.
HawaiʻiHuff Single-Family Residence at Kaiwiki--Draft EA (AFNSI)
OʻahuNew Aloha Stadium Entertainment District (EIS Preparation Notice) A Public Scoping meeting will be held at 7:00PM on September 25, 2019 at the Aloha Stadium Hospitality Room. The comment period has been extended to November 7, 2019.
KauaʻiKaua'i Seabird (Habitat Conservation Plan) Comments are due by November 7, 2019; the original publication mis-identified October 22, 2019 as the comment period deadline.
Coastal Zone Management NoticesSpecial Management Area (SMA) Minor Permits
The 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 (4-6-008: 007) Home Cook House (SM2 20190079) Lahaina Restoration FoundationMaui: Pāʻia (2-6-003: 056) Fish Market Interior Renovations (SM2 20190080) Yuri SoledadeO‘ahu: Waialua (6-8-011: 046) Sunset Shores Utility Installation, Type A – Equipment Addition
(2019/SMA-21)T-Mobile/Alpha Wireless
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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 St., Room 220. All comments shall be submitted in writing to the State Land Surveyor, 1151 Punchbowl Street, Room 210, Honolulu, HI 96813 and postmarked no later than 15 calendar days from the date of this public notice of the application. For more information, call Ian Hirokawa at (808) 587-0420.
File No. Location TMK Applicant OwnerOA-1878 84-1009 Farrington Highway, Oʻahu 96792 (1) 8-4-003: 003 Wesley T. Tengan Wei Ling FungOA-1879 144 Kaʻapuni Drive, Oʻahu 96734 (1) 4-3-013: 039 Wesley T. Tengan SL Development, LLCOA-1880 58-009 Makanale Street, Oʻahu 96712 (1) 5-8-003: 010 Wesley T. Tengan DSBW LLCMA-721 35 Malukai Lane, Maui 96753 (2) 2-1-008: 062 Akamai Land Surveying, Inc. Lori Huang
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-1854 Proposed 928 Mokulua Drive, Oʻahu 96734 (1) 4-3-007: 036 Wesley T. Tengan Xin Liu & Meiyi MaOA-1863 Proposed 276 N. Kalaheo Avenue, Oʻahu 96734 (1) 4-3-016: 008 Wesley T. Tengan Stephen Seink/Shilpa
Vijay DeshmukhOA-1867 Proposed 2161 Kalia Road, Oʻahu 96815 (1) 2-6-004: 012 Kenn Nishihira AOAO Waikiki Shore, Inc.OA-1871 Proposed 222 Wailupe Circle, Oʻahu 97821 (1) 3-6-001: 030 Kenn Nishihira Walter A. Dods, Jr. Trust
& Diane N. Dods TrustOA-1874 Proposed 4 Lumahai Street, Oʻahu 96825 (1) 3-9-013: 032 Walter P. Thompson, Inc. CALSA LLCM-716 Proposed 2525 Kaʻanapali Parkway, Maui 96761 (2) 4-4-008: 003 R.T. Tanaka Engineers, Inc. Kaanapali Beach HotelKA-434 Proposed Various on Kauaʻi (4) 3-5-001: 008 &
085; 3-7-002: 001, 002, 007, 009 & 010; 3-7-003: 001, 007, 008 & 017; 3-9-005: 001
ControlPoint Surveying, Inc.
State of Hawaiʻi, 82-12 Hawaii LLC, Visionary LLC, EWM Kauai LLC, Kauai Beach Villas - Phase II LLC, County of Kauaʻi, Kauai Beach Resort Assn.
Application for AccretionPursuant to HRS § 501-33, the following application for the registration of land accreted along the ocean has been submitted:
Johnson Amended Petition for Registration of Title to Accretion Applicable Law: Petition for Registration of Title to Accretion under HRS Chapter 501-33 and Rule 26 of the Rules of the Land Court Type of Document: Amended Petition for Registration of Title to AccretionIsland/District/TMK: Oʻahu / Kailua, District of Koʻolaupoko / (1) 4-3-007: 035Applicant: Petitioner LAWRENCE M. JOHNSON, Trustee of the Johnson Family Trust; c/o Janna Ahu, Esq., Dentons US LLP, 1001 Bishop St., Ste. 1800, Honolulu, HI 96813; (808) 524-1800Authority / Status: Land Court, State of Hawaiʻi / First Amended Petition for Registration of Title to Accretion filed
Project Summary: YOU ARE HEREBY NOTIFIED that Petitioner LAWRENCE M. JOHNSON, Trustee of the Johnson Family Trust, has filed a petition for registration of title to accretion in the Land Court, State of Hawaiʻi, L.D. No. 18-1-0775, to register title to accreted land within lands identified as Lot 21 as shown on Map 2 of Application No. 505, Tax Map Key No. (1) 4-3-007: 035, containing 0.28 acres, more or less, all situate, lying and being at Kailua, District of Koʻolaupoko, City and County of Honolulu, State of Hawaiʻi.
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As a courtesy, listed below are relevant entries from the Federal Register published since the last issue of The Environmental Notice. For more information about an entry, click on the title link, also available at www.federalregister.gov.
Proposed Rule: Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Navy Training and Testing Activities in the Hawaii-Southern California Training and Testing Study Area (published by the National Oceanic and Atmospheric Administration on 09/13/2019)NMFS has received a request from the U.S. Navy (Navy) to extend the time period from December 2023 to December 2025 for Marine Mammal Protection Act (MMPA) regulations authorizing the take of marine mammals incidental to Navy training and testing activities conducted in the Hawaii-Southern California Training and Testing (HSTT) Study Area. In making the request to extend the time period covered by the MMPA HSTT regulations from five to seven years, the Navy proposes no changes to their specified activities, the geographical region in which those activities would be conducted, mitigation measures, monitoring, or reporting over the longer seven-year period. Pursuant to the MMPA, NMFS is requesting comments on the proposed seven-year rule and associated Letters of Authorization (LOAs) to cover the same activities covered by the existing 2018 HSTT regulations. NMFS will consider all public comments prior to issuing any final rule and making final decisions on the issuance of the request-ed LOAs, and agency responses will be summarized in the notice of the final decision. Comments and information must be received no later than October 15, 2019.
Notice: Records of Decision for the Final Programmatic Environmental Impact Statement for Four Wind Energy Project Habitat Conservation Plans in Hawaii (published by the Fish and Wildlife Service on 09/20/2019We, the U.S. Fish and Wildlife Service (Service), announce the availability of four separate records of decision (RODs) under the Endangered Species Act—three RODs for the proposed issuance of three permit amendments and one ROD for the proposed issuance of one new permit. We also make available each project's respective habitat conservation plan (HCP) amendment or HCP. The RODs document the Service's decision to issue incidental take permit (ITP) amendments to three applicants—Kawailoa Wind, LLC; Auwahi Wind, LLC; and Kaheawa Wind Power II, LLC—and a new ITP to Tawhiri Power, LLC.
Notice: Western Pacific Fishery Management Council; Public Meeting (published by the National Oceanic and Atmospheric Administration on 09/20/2019)The Western Pacific Fishery Management Council (Council) will hold a meeting of its Hawaii Archipelago Fishery Ecosystem Plan (FEP) Advisory Panel (AP) to discuss and make recommendations on fishery management issues in the Western Pacific Region.The Hawaii Archipelago FEP AP will meet on Friday, October 11, 2019, at the Council Office, 1164 Bishop St., Suite 1400, Hono-lulu, HI 96813 between 1 p.m. and 4 p.m. All times listed are local island times. For specific times and agendas, click on the title link to this entry, then see SUPPLEMENTARY INFORMATION.
Notice: Marine Mammals and Endangered Species (published by the National Oceanic and Atmospheric Admin-istration on 09/16/2019)Notice is hereby given that permits or permit amendments have been issued to two entities in Hawaiʻi under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable. The permits and related documents are available for review upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone: (301) 427-8401. For further information, please click on the title link to this entry.
Federal Notices
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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).
