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.

August 8, 2017

Wisdom, a 66-year-old mōlī (Laysan albatross) on Kuaihelani (Midway Atoll), the oldest confirmed wild bird in the world (cropped from original) Photo by the US Fish & Wildlife Service

235 South Beretania Street, Suite 702 • Honolulu, Hawaiʻi 96813 • (808) 586-4185 • oeqchawaii@doh.hawaii.gov • http://health.hawaii.gov/oeqc

David Y. Ige, Governor Scott Glenn, Director

August8,2017 TheEnvironmentalNotice

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Table of Contents

LEGEND New document count in this issue: 9 total - HRS § 343-5(b) Agency Actions: 5 - HRS § 343-5(e) Applicant Actions: 4

Statewide Map of New HRS Chapter 343 Actions

Kauaʻi Museum

Statewide Map of New HRS Chapter 343 Actions 2Hawaiʻi

Aliʻi Drive Culvert Replacement FEA (FONSI) 3Domain 20 Field Site for the National Ecological Observa-

tory Network FEA (FONSI) 3Waimea Town Center Infrastructure Improvements DEA

(AFNSI) 4Maui

Modification to the ʻĪao Stream Flood Control Project FEA (FONSI) 4

Piʻilani Promenade FEIS Non-acceptance 5Oʻahu

Hawaiʻi Kai Marina Entrance Channel Groin Replacement FEA (FONSI) 5

Kalaeloa Barbers Point Harbor Fuel Pier & Harbor Im-provements FEIS (with correction) and Appendices 6

Kamehameha Highway Wastewater Pump Station Force Main System Improvements DEA (AFNSI) 6

KauaʻiKauaʻi Museum Expansion DEA (AFNSI) 7

Previously Published Documents Open for Comment 7Shoreline Notices

Applications for Shoreline Certification 8Proposed Shoreline Certifications and Rejections 9

Coastal Zone Management NoticesSpecial Management Area (SMA) Minor Permits 9

Conservation District Use Applications 9National Environmental Policy Act (NEPA) Actions 10Federal Notices 10-11Glossary of Terms and Definitions 12

Kamehameha Highway Force Main

Kalaeloa Barbers Point Harbor Hawaiʻi Kai Groin

Piʻilani PromenadeʻĪao Stream Flood Control

Waimea Town Center

NEON Field Site

Aliʻi Drive Culvert

AnnouncementsThe Environmental Council is updating Hawaiʻi Administrative Rules (HAR) Chapter 11-200, the environmental impact statement rules. This chapter establishes the procedures, content requirements, criteria and definitions for applying Hawaiʻi Revised Statutes (HRS) Chapter 343, the environmental impact statement law. More details can be found here: http://health.hawaii.gov/oeqc/rules-update/. Click here to review the proposed changes. Click here to view the Department of Health news release. Click here to sign up for email updates on the rule revision process.

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Aliʻi Drive Culvert Replacement FEA (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) 7-5-019:007, 008, 009, 016, 024 & 025 (& ROW of Aliʻi Drive)Permit(s) Various (see document)Proposing/Determining Agency

County of Hawaiʻi, Department of Public WorksCasey Yanagihara, (808) 961-8004, Casey.Yanagihara@hawaiicounty.gov101 Pauahi Street #7, Hilo, HI 96720

Consultant Geometrician AssociatesRon Terry, (808) 969-7090, rterry@hawaii.rr.com P.O. Box 396, Hilo, HI 96721

Status Finding of No Significant Impact (FONSI) determination. Comments are not taken onthis determination.

The proposing agency, in partnership with FHWA and HDOT, plans to replace an existing double-cell culvert near the ocean on the Waiʻaha Drainageway on Aliʻi Drive. The 1937-era structure artificially constricts the channel and occasionally floods prop-erties and Ali‘i Drive. It supports a narrow road deck with two ten-foot lanes for vehicles and inadequate shoulders for pedes-trians and bicyclists. The culvert is rapidly deteriorating and is structurally and functionally obsolete. If not repaired, it may soon require closure, cutting a critical link on Ali‘i Drive that would cause traffic detours of up to two miles and lead to severe traffic and socioeconomic disruption. The project would construct a new culvert structure that has a wide culvert opening and a longer, wider bridge above. The drainage channel would be widened 134 feet upstream, with a natural bottom of sand and cobbles. The roadway above would accommodate bike lanes and raised sidewalks. No significant biological, archaeological or cultural resources would be adversely affected, and beach processes would be restored to a more natural condition. Separate environ-mental documentation is being prepared to satisfy the requirements of NEPA and related laws, regulations and Executive Orders.

Hawaiʻi

Domain 20 Field Site for the National Ecological Observatory Network FEA (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) South HiloTMK(s) (3) 2-4-008:009, (3) 2-4-008:025 (por.), (3) 1-9-001:001 (por.), (3) 1-8-012:003 (por.),

and (3) 2-4-008:019 (por.)Permit(s) Various (see document)Approving Agency

Department of Land and Natural Resources Tiger Mills, (808) 587-0382, kimberly.mills@hawaii.gov1151 Punchbowl Street, Room 131, Honolulu, HI 96813

Applicant National Science FoundationMontona Futrell-Griggs, (703) 292-7162, mfutrell@nsf.gov4201 Wilson Blvd, Arlington, VA 22230

Consultant CH2MLisa Kettley, (808) 440-0275, lisa.kettley@ch2m.com1132 Bishop Street, Suite 1100, Honolulu, HI 96813

Status Finding of No Significant Impact (FONSI) determination. Comments are not taken on this determination.The National Ecological Observatory Network (NEON) is a continental-scale ecological observation facility sponsored by the National Science Foundation (NSF) and operated by Battelle Memorial Institute. It is designed to gather and synthesize data needed to study the impacts of climate change, land use change and invasive species on natural resources and biodiversity. The proposed field study site within the Pu’u Maka’ala Natural Area Reserve would provide data for NEON’s Pacific Tropical domain (Domain 20), and would be the only site representing this domain for the continental-wide network. Similar to other NEON core sites, the Domain 20 site in Hawai‘i would include a standard set of scientific infrastructure and equipment to collect abiotic, biological, biophysical, biogeochemical, and land use data. The proposed scientific infrastructure and equipment would include a tower, a panelized modular enclosure (i.e. instrument hut), an array of soil plots with soil sensors, a precipitation gauge, electrical equipment, and a suite of distributed terrestrial sampling protocols. The site would be operated for 30 years, and the resulting data would be made freely available to the scientific community and general public through the online NEON portal.

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Waimea Town Center Infrastructure Improvements DEA (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) South KohalaTMK(s) (3) 6-7-012:015 (portion), (3) 6-7-003:020, (3) 6-7-002:051 (portion), (3) 6-7-002:011

(portion), 5) County of Hawai 'i rights of-way, and (3) 6-7-002:070 (portion),(3) 6-7-002:069 (portion), (3) 6-7-002:001 (portion)

Permit(s) National Pollutant Discharge Ellimination System Permit, Grading and Building permitApproving Agency

Hawaiʻi County Planning DepartmentKevin Sullivan, (808) 961-8135, kevin.sullivan@hawaiicounty.gov101 Pauahi Street, Suite 3, Hilo, HI 96720

Applicant Parker Ranch, Inc.Johnathan Mitchell, (808) 885-2329, jmitchell@parkerranch.com66-1304 Māmalahoa Hwy. Kamuela, HI 96743

Consultant PBR Hawaiʻi & Associates, Inc.Ann Bouslog, (808)-521-5631, abouslog@pbrhawaii.com1001 Bishop Street, Suite 650 Honolulu, HI 96813

Status Statutory 30-day public review and comment period starts. Comments are due by September 7, 2017. Please send comments to the approving agency and copy the applicant and the consultant.

Parker Ranch proposes to develop various "infrastructure improvements" to support the planned and approved build-out of its Waimea Town Center Project ("WTCP"). The proposed "infrastructure Improvements" are generally described as follows:

• "Lualaʻi Road and Utilities" a road and utilities that will serve future increments of the Lualaʻi subdivision.• "Lindsey Road Extension" from its current terminus just south of Māmalahoa Highway, to Ala ʻŌhiʻa Road, including perma-nenet "Sewer Line Construction" and "Lindsey Road Crossing".• "Ala ʻŌhiʻa Road Completion" from Pukalani Road to Māmalahoa Highway in the vicinity of Waimea Civic Center• Improvements within existing County right of ways at key intersections within WTCP as needed.

Hawaiʻi (Continued)

Modification to the ʻĪao Stream Flood Control Project FEA (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) 3-4-020:044, 045, 046; (2) 3-4-030:002; (2) 3-4-030:020; (2) 3-4-030:888;

(2) 3-4-031:001, 008, 015, 016, 017, 023, 019; (2) 3-4-032:001, 003, 005, 047, 048Permit(s) Various (see document)Proposing/Determining Agency

County of Maui, Department of Public WorksKristi Ono, Civil Engineer IV, Engineering Division, (808) 270-7745, Kristi.Ono@co.maui.hi.us200 South High Street, 4th Floor, Wailuku, HI 96797

Consultant GSI Pacific, Inc.Miya Akiba, (808) 754-0624, makiba@gsisg.com181 South Kukui Street, Honolulu, HI 96813

Status Finding of No Significant Impact (FONSI) determination. Comments are not taken on this determination.The United States Army Corps of Engineers (USACE) is proposing to implement engineering designs to address existing flood hazards and provide the authorized level of reduced flood risk along ‘Īao Stream. Implementation of the proposed action is needed to restore the reliability of the existing flood control strucutures and to protect the health and well-being of the Wailuku Community. The proposed action consists of features intended to reconnect the main channel with the floodplain to reduce damaging flows along the main channel and right bank levees. The reconnection would be accomplished by lowering a portion of the left bank, grading the overflow area, and construcing a diversion wall to force flood flows to enter the existing floodplain on the left bank. A portion of the left bank would be raised downstream to contain the overflow within the floodplain. Further downstream, the left bank would be lowered to allow the return of the overflow into the main channel. The proposed action also includes bank stabilization and reconstruction of the existing revetment to prevent further erosion of the stream bank.

Maui

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Piʻilani Promenade FEIS Non-acceptanceHRS §343-5(a) Trigger

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

District(s) Makawao - WailukuTMK(s) (2) 3-9-001:016, por. 148, por. 169, 170, 171, 172, 173, 174; (2) 3-9-048: por. 122;

(2) 2-2-002: por. 016, 077, por. 082Permit(s) Various (see document)Approving Agency

State of Hawaiʻi Land Use CommissionDaniel E. Orodenker, Executive Officer, (808) 587-3822, daniel.e.orodenker@hawaii.govP.O. Box 2359, Honolulu, HI 96804-2359

Applicant Piʻilani Promenade North, LLC and Piʻilani Promenade South, LLC, c/o Sarofim Realty Advisors Co.Robert Poynor, Vice President, (214) 692-4227, rpoynor@sraco.com8115 Preston Road, Suite 400, Dallas, TX 75225

Consultant Chris Hart & Partners, Inc.Jordan E. Hart, President, (808) 242-1955, jhart@chpmaui.com115 North Market Street, Wailuku, HI 96793-1717

Status The approving agency/accepting authority determined it would not accept the FEIS on July 20, 2017. Comments are not taken on this action.

The proposed project is to develop a mix of Light Industrial and Business/Commercial uses with approximately 226 apartment units on a total of approximately 75 acres. The project would include associated onsite and offsite infrastructure improvements including but not limited to water, sewer, roads, drainage, and electrical improvements. Amenities would include bicycle and pedestrian pathways, public park area, and landscaping. A Maui Electric Company substation is also proposed on the project site.

Maui (Continued)

Hawaiʻi Kai Marina Entrance Channel Groin Replacement FEA (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) HonoluluTMK(s) Seaward of (1) 3-9-008:035, (1) 3-9-002:029Permit(s) Various (see document)Approving Agency

Department of Land and Natural Resources, Office of Conservation and Coastal LandsNatalie Farinholt, (808) 587-0399, natalie.a.farinholt@hawaii.gov1151 Punchbowl St., Room 131, Honolulu, HI 96813

Applicant Hawaii Kai Marina Community AssociationBeverly Liddle, Marina Manager, (808) 396-2469, beverly@hawaiikaimarina.com377 Keāhole Street D-1C, Honolulu, HI 96825

Consultant Sea Engineering, Inc.Derek Linsley, Ocean Engineer, (808) 259-7966 ext. 21, dlinsley@seaengineering.com41-305 Kalanianaʻole Highway, Waimānalo, HI 96795

Status Finding of No Significant Impact (FONSI) determination. Comments are not taken on this determination.The applicant proposes to replace the existing Hawaiʻi Kai Marina entrance channel temporary sandbag groin with a stable, engineered rock rubble mound revetment and groin. The objective of the proposed project is to reduce the volume of sediment accumulation in the Hawaiʻi Kai Marina entrance channel, thus increasing the time between maintenance dredging operations. The design is a rock rubble mound revetment and groin, a sloping uncemented structure built using boulder size rock. The proposed layout has an L-head configuration. To prevent flanking, the groin stem ties into an existing concrete rubble masonry abutment on the Kalanianaʻole Highway Bridge via a rock rubble mound revetment. Sand that accumulates on the Portlock Beach side of the groin will be mechanically backpassed to the east end of Portlock Beach, where erosion is threatening the backshore and private properties. This will take place on an as-needed basis (estimated to be approximately every 4 years) when the groin reaches its maximum sediment carrying capacity. Backpassing will be initiated during construction by moving 400 cubic yards of sand that has accumulated since reconstruction of the temporary sandbag groin in 2013.

Oʻahu

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Kalaeloa Barbers Point Harbor Fuel Pier & Harbor Improvements FEIS (with correction) and AppendicesHRS §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) (1) 9-1-014: 008 (portion), 024 (portion), 025, 026 (portion), 030, 031, 037, 039

(portion), and 040.; (1) 9-1-074:037 (portion) and 038 (portion)Permit(s) Various (see document)Proposing/Determining Agency

Hawaiʻi Department of Transportation, Harbors DivisionCarter Luke, P.E., (808) 587-1862, Carter.Luke@hawaii.gov79 S. Nimitz Highway, Honolulu, HI 96813

Accepting Authority

Governor, State of HawaiʻiGovernor David Y. Ige, (808) 586-0034, gov@hawaii.gov, https://governor.hawaii.gov/contact-us/contact-the-governor/Executive Chambers, State Capitol, Honolulu, HI 96813

Consultant G70Jeffrey H. Overton, Principal Planner, (808) 523-5866, jeff@g70.design925 Bethel Street, 5th Floor, Honolulu, HI 96813

Status FEIS has been submitted and is pending acceptance by the accepting authority. Comments are not taken on this action.Kalaeloa Barbers Point Harbor (KBPH) is the second busiest commercial harbor in the state. KBPH serves as the primary ‘bulk’ harbor for liquid-bulk (i.e., petroleum products, biofuels and asphalt) and dry-bulk (i.e., coal, cement, sand and aggregate) cargos. The purpose of the proposed action is to add berthing, yard space and other infrastructure to optimize operational efficiencies at KBPH. Separating liquid- from dry-bulk cargo transfers that currently occur at Piers 5 and 6 will improve efficien-cy and enhance safety. The proposed action will create a dedicated Fuel Pier at Piers 3 and 4, adding 1,325 lineal feet of berth space with industry-standard infrastructure to modernize the facility. Fuel Pier development will displace an existing tenant from Pier 3, and will require demolition of a Finger Pier used for harbor support vessels. Relocation of the tenant to the Pier 9 area and construction of a pier for support vessels at Pier 8 are proposed. Additional improvements to optimize the harbor include construction of the Pier 7 Extension and the Pier 10 Layberth, and to provide supporting infrastructure on fastlands for tenant use. This document is the same that was published in the June 23, 2017 issue of The Environmental Notice, with the addition of a signatory statement as required by HAR 11-200-20 (d). Volume II has not changed.

Oʻahu (Continued)

Kamehameha Highway Wastewater Pump Station Force Main System Improvements DEA (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) HonoluluTMK(s) Portions of (1) 1-1-003:004, 138, 204, 205, 206, 207, 212, and 239; and 1-2-021:035

and 036Permit(s) Various (see document)Proposing/Determining Agency

City and County of Honolulu, Department of Environmental ServicesKim Suzuki, (808) 768-8410, ksuzuki2@honolulu.gov650 South King Street, 14th Floor, Honolulu, HI 96813

Consultant CH2M HILL Tony Ali, (808) 440-0208, Tony.Ali@ch2m.com1132 Bishop Street, Suite 1100, Honolulu, HI 96813

Status Statutory 30-day public review and comment period starts. Comments are due by September 7, 2017. Please send comments to the proposing/determining agency and copy the consultant.

The proposing/determining agency proposes to construct a new 36-inch sewer force main between the Kamehameha Highway Wastewater Pump Station located adjacent to Keʻehi Lagoon Park and the Kapālama Interceptor Relief Sewer located in the Kalihi Kai industrial area off Sand Island Access Road. The new force main would provide a backup facility to divert flows if the active 42-inch force main fails. The total length of the new force main is estimated at 3,100 linear feet. Of this length, approx-imately 2,300 linear feet would be installed by horizontal directional drilling and 800 linear feet would be installed using open trench construction. No in-water construction activity is expected because the new force main would be pulled through a tunnel at an elevation well below the depth of the existing streams. The project would also include temporary staging areas, bypass facilities, access roads, utility connections and relocations (as needed), and site restoration.

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Kauaʻi Museum Expansion DEA (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 any use within any historic site as designated in the National Register orHawaiʻi Register

District(s) LīhuʻeTMK(s) (4) 3-6-005:005Permit(s) Class 4 Zoning Permit/Use Permit OR amendments theretoProposing/Determining Agency

County of Kauaʻi, Planning DepartmentMichael Dahilig, (808) 241-4050, mdahilig@kauai.gov4444 Rice Street A-473, Līhuʻe, HI 96766

Consultant Agor Jehn Architects Ron Agor, (808) 947-2467, ron@agorjehnarch.com460 Ena Road #303, Honolulu, HI 96815

Status Statutory 30-day public review and comment period starts. Comments are due by September 7, 2017. Please send comments to the proposing/determining agency and copy the consultant.

The applicant is proposing to construct a second-floor addition to the Rice Museum Building as shown in the Draft EA. The proposed addition to the Rice Building includes a second story 1,096 sf office and storage space with a 114 sf corridor leading to the second floor of the existing structure. The ground floor will have the elevator and approximately 1,000 sf of open lānai space for community activities. The design of the second story addition strongly resembles the original architecture of Rice Building. New building elevations consist of cementitious and rock finishes that integrates with existing structure.

Kauaʻi

Previously Published Documents Open for CommentStatus: Public review and comment period for these projects began previously. Comments are due August 22, 2017 unless specified otherwise. Please send comments to the relevant agency and copy any relevant applicant and/or consultant.

MauiHāna Pier Deck Removal DEIS

LānaʻiLānaʻi Exclusive Moorings DEA (AFNSI)

OʻahuDowsett Highlands Relief Sewer DEA (AFNSI)Nohona Hale Affordable Micro-Unit Housing DEA (AFNSI)The Kaʻapuni Residences DEA (AFNSI) (Chapter 25, Revised Ordinances of Honolulu)Lualualei Homestead Road 21-Lot Residential Subdivision DEA (AFNSI) (Chapter 25, Revised Ordinances of

Honolulu)Kauaʻi

Emergency Services Helicopter Hangar DEA (AFNSI)

The Kauaʻi Museum (cropped from original) Photo by AsatonX

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Shoreline NoticesApplications for Shoreline Certification

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 the public notice of the application. For more information, call Ian Hirokawa at (808) 587-0420.

File No. Date Location Applicant/Owner TMKOA-1770 7/19/17 Being a Portion of Grant 6915 to Robert W. Holt situate at Lualualei, Waiʻanae,

Oʻahu Address: 87-849C Farrington Highway Purpose: Building permit

Kenn Nishihira/ Peter C. Lewis

(1) 8-7-023:044

LA-016 7/24/17 Portion of Lot 93-A as shown on Map 28 and 125-A-6 as shown on Map 33 of Land Court Consolidation 170 situate at Island of Lānaʻi Address: Mānele, Island of Lānaʻi Purpose: Permitting

R.M. Towill/ Lanai Resorts, LLC

(2) 4-9-017:por 002 & 008

HA-544 7/21/17 Lot No. 5 of “Waikoloa Lot 2 Subdivision” File Plan No. 2288 situate at ʻAnae-hoʻomalu, South Kohala, Hawaiʻi Address: Napaka Kai Place Purpose: Future construction (residence)

Thomas Pattison/ Geary Family Revocable Trust

(3) 6-9-009:005

HA-545 7/21/17 Lot 29 of Kona Bay Estates (File Plan 1813) Being a Portion of R.P. 7456, L.C. Aw. 8559-B, Ap. 11 to William C. Lunalilo and Lot 68 as shown on Map 9 of Land Court Application 1319 situate at Lanihau Iki and Lanihau Nui, North Kona, Hawaiʻi Address: 75-5446 Kona Bay Drive Purpose: Future construction (residence)

Thomas Pattison/ Brian & Nili Alben

(3) 7-5-005:040

HA-546 7/24/17 Lot 36 as shown on Map 6 of Land Court Consolidation 129 situate at Waikā, North Kohala, Hawaiʻi Address: 59-105 Pakuikui Place Purpose: Obtain county permits

Wes Thomas/ Tom Lee Trust and Katherine Lee Trust

(3) 5-9-016:024

HA-547 7/26/17 Lot 64 as shown on Map 9 of Ld. Ct. App. 1319 and Lot 22 of Kona Bay Estates (File Plan 1813) Being a Portion of R. P. 7456, L. C. Aw. 8559-B, Ap. 11 to William C. Lunalilo situate at Lanihau Nui and Lanihau Iki, North Kona, Hawaiʻi Address: 75-5468 Kona Bay Drive Purpose: Obtain county permits

Wes Thomas/ David A. & Judith L. Kingston

(3) 7-5-005:033

HA-548 7/26/17 Lot 90, Vacationland Hawaii Subdivision, A Portion of R.P. 4479 and L.P. 8177, L.C.Aw. 8559, ʻĀpana 5 to C. Kanaʻina, and R.P. 7483 L.C.Aw. 4452, ʻĀpana 1 and 2 to H. Kalama situate at Kapoho, Puna, Hawaiʻi Address: 14-5017 Waiopae Street Purpose: Determine setback, due-diligence

Daniel Berg, dlb & associates, LLC/ George & Rachel Hanohano

(3) 1-4-067:014

HA-549 7/27/17 Lot 6, Kapoho Beach Lots Subdivision, Extension 2, Alapaʻi Point Section, A Portion of L. C. Aw. 8559, ʻĀpana 5 to C. Kanaʻina situate at Kapoho, Puna, Hawaiʻi Address: 14-5131 Alapaʻi Pt. Rd. Purpose: Compliance with SMA review

Daniel Berg, dlb & associates, LLC/ Robert S. Wales, Ann R. Wales

(3) 1-4-027:016

KA-420 7/25/17 Lot 1 of Ld. Ct. App 1161 (Map 6) situate at Lepeuli, Kauaʻi Address: Koʻolau Road Purpose: Determine shoreline setback

Esaki Surveying & Mapping, Inc./ County of Kauaʻi & Waioli Corpora-tion

(4) 5-1-003:003, 020, & 021

KA-421 7/27/17 Lot 11-A Land Court Application 1819 (Map 7) situate at Kalapakī, Līhuʻe, Kauaʻi Address: 3610 Rice Street Purpose: Determine shoreline setback

Honua Engineer-ing, Inc./ Essex House Condo Corporation

(4) 3-5-002:002

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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/AgentHawai‘i: Ka‘ū (9-5-017: 007; 9-5-019: 011 and 035)

Replace Hīlea Bridge and Nīnole Bridge on Māmalahoa Highway (SMM 17-373)

U.S. Department of Transportation, Federal Highway Administration

Kaua‘i: Kīlauea (5-2-004: 049) Amended Wireless Antenna (SMA(M)-2017-17) Cingular WirelessO‘ahu: Kailua (4-3-013: 029, 034 and 038)

Install a Six-Foot-High Gate at Each Beach Access (Three Parcels Total) along Ka‘apuni Drive (2017/SMA-18, 2017/SMA-19, and 2017/SMA-20)

Ka‘apuni Community Association / Irvin T. Higashi

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. Proposed/Rejected Location Applicant/Owner TMKOA-1755 Proposed Shore-

line CertificationAddition to Pacific War Memorial Site (H. T. S. Plat 2157) situate at Kaliawa, Honolulu, Oʻahu Address: Keʻehi Lagoon Purpose: Determine building setback line

Centerline Solutions/ State of Hawaiʻi, Department of Land and Natural Resources

(1) 1-1-003:003, 207, 211

Shoreline Notices (Continued)

Conservation District Use ApplicationsPersons interested in commenting on the following Conservation District Use Application(s) or receiving notification of deter-minations on Conservation District Use Applications must submit comments and requests to the Department of Land and Natural Resources. Notification requests must include the following information: 1) Name and address of the requestor; 2) The appli-cation for which the requestor would like to receive notice of determination; and 3) The date the notice was initially published in The Environmental Notice. Send comments and requests to: Department of Land and Natural Resources, Office of Conserva-tion and Coastal Lands, P.O. Box 621, Honolulu, HI, 96809. DLNR will make every effort to notify those interested in the subject CDUAs. However, DLNR is not obligated to notify any person not strictly complying with the above requirements. For more information, please contact the Office of Conservation and Coastal Lands staff listed for each project. CDUAs can be found on the OCCL website at dlnr.hawaii.gov/occl.

File No.: CDUA OA-3802 Name of Applicant: Dr. Clayton Honbo & Nanaina O Pali Ku, LLCLocation: Koʻolaupoko District, Island of OʻahuTMK(s): (1) 4-6-001:019Proposed Action: After-The-Fact Seawall343, HRS determination: ExemptApplicant's Contact: Jennifer Littenberg, (808) 351-5723OCCL Staff Contact: Alex J. Roy, (808) 587-0316

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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 entry would be published in The Environmental Notice.

Protecting Endangered Oʻahu ʻElepaio Using Rodenticide within Schofield Barracks Military Reservation Supple-mental Environmental Assessment and Draft Finding of No Significant Impact (SEA and Draft FNSI)Island OʻahuDistrict(s) WahiawāTMK(s) (1) 7-7-001:001Permit(s) NPDES PermitProposing/Approving Agency

United States Army Garrison, Hawaiʻi, Directorate of Public Works, EnvironmentalDivision (IMPC-HI-PWE)

Dave Fluetsch, NEPA Coordinator, (808) 656-5670, usaghi.pao.comrel@us.army.mil947 Wright Avenue, Wheeler Army Airfield, Schofield Barracks, HI 96857-5013

Status 30-Day Comment Period for this SEA and Draft FNSI runs from 8 August 2017 through 7 September 2017. USAG-HI proposes to conduct the broadscale distribution of rodenticide within Līhuʻe Management Unit on Schofield Barracks to control rat populations and protect endangered species as required by Biological Opinions of the U.S. Fish and Wildlife Service. No significant impacts are anticipated from the Proposed Action. Impacts are anticipated to be minimized through avoidance and implementation of best management practices (BMPs). Avoidance results from selecting an area already closed to entry and enclosed by ungulate-proof fencing, and by maintaining an application buffer around surface waters. BMPs include sched-uling operations to avoid heavy precipitation events and using licensed applicators. Army Natural Resources Program and U.S. Department of Agriculture National Wildlife Research Center managers will monitor the bait application rate, the bate avail-ability period, bait condition, water quality, nontarget species health, and the effectiveness of the Proposed Action.

When published in the Honolulu Star-Advertiser, the public comment period runs 30 days (8 August –7 September 2017). Copies of the SEA and Draft FNSI are available for review at the Hawaiʻi State Library, Wahiawā Public Library, Waialua Public Library, and Waiʻanae Public Library. Copies may also be obtained by contacting Dave Fluetsch, NEPA Coordinator, via email at usaghi.pao.comrel@us.army.mil or online at http://www.garrison.hawaii.army.mil/NEPA/NEPA.htm.

National Environmental Policy Act (NEPA) Actions

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.

Proposed Rule: International Fisheries; Pacific Tuna Fisheries; Restrictions on Fishing for Sharks in the Eastern Pacific Ocean (published 8/7/2017)

The National Marine Fisheries Service proposes regulations under the Tuna Conventions Act to implement Resolution C-16-05 (Resolution on the Management of Shark Species) of the Inter-American Tropical Tuna Commission (IATTC) adopted in July 2016. Per the Resolution, this proposed rule would require purse seine vessel owners, operators, and crew to follow specified release requirements for sharks in the eastern Pacific Ocean (EPO). The rule would also prohibit longline vessels targeting tuna or swordfish in the EPO from using “shark lines” (a type of fishing gear used on longline vessels to target sharks). This proposed rule is necessary for the United States to satisfy its obligations as a member of the IATTC. Comments on the proposed rule and supporting documents must be submitted in writing by September 6, 2017 at http://www.regulations.gov/ #!docketDetail; D= NOAA-NMFS-2017-0068 or to Daniel Studt, NMFS West Coast Region Long Beach Office, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802.

Proposed Rule: Migratory Bird Hunting; Proposed 2018-19 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals; Notice of Meetings (published 8/3/2017)

The U.S. Fish and Wildlife Service proposes to establish annual hunting regulations for certain migratory game birds for the 2018-19 hunting season. They annually prescribe outside limits within which States may select hunting seasons. This proposed rule provides the regulatory schedule, announces the Service Migratory Bird Regulations Committee and Flyway Council meet-ings, describes the proposed regulatory alternatives for the 2018-19 duck hunting seasons, and requests proposals from Indian tribes that wish to establish special migratory game bird hunting regulations on Federal Indian reservations and ceded lands.

Federal Notices

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You may comment on the proposed regulatory alternatives for the 2018-19 season and information collection requirements until September 5, 2017. Following subsequent Federal Register documents, you will be given an opportunity to submit com-ments on the proposed frameworks by January 15, 2018. Tribes must submit proposals and related comments on or before December 1, 2017. Submit comments at http://www.regulations.gov or to Public Comments Processing, Attn: FWS-HQ-MB-2017-0028; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041.

Notice: Notice of Intent To Prepare a Supplemental Environmental Impact Statement/Overseas Environmental Impact Statement for Mariana Islands Training and Testing (published 8/1/2017)The Navy announces its intent to prepare a supplement to the 2015 Final Mariana Islands Training and Testing Environmental Impact Statement/Overseas Environmental Impact Statement. Activities include the use of active sonar and explosives while employing appropriate marine species protective mitigation measures. Resources to be evaluated include, but are not limited to, marine mammals, sea turtles, essential fish habitat, and threatened and endangered species.

Public comments will be accepted during the scoping period from August 1, 2017 to September 15, 2017 and can be submit-ted online at http://mitt-eis.com/ or to Naval Facilities Engineering Command Pacific, Attention: MITT Supplemental EIS/OEIS Project Manager, 258 Makalapa Drive, Suite 100, Pearl Harbor, HI, 96869-3134.

Uncategorized Document: Migratory Bird Hunting; Seasons and Bag and Possession Limits for Certain Migratory Game Birds (published 7/26/2017)This rule prescribes the hunting seasons, hours, areas, and daily bag and possession limits for migratory game birds. Taking of migratory birds is prohibited unless specifically provided for by annual regulations. This rule permits the taking of designated species during the 2017-18 season.

In Hawaiʻi, the season is only open on the islands of Hawaiʻi and Maui. On the island of Hawaiʻi, the daily bag limit is 10 mourn-ing doves, spotted doves, and chestnut-bellied sandgrouse in the aggregate. On the island of Maui, the daily bag limit is 10 mourning doves. Shooting hours are from one-half hour before sunrise through one-half hour after sunset. See State regulations for additional restrictions on hunting dates and areas. This rule takes effect on July 26, 2017.

Rule: Migratory Bird Permits; Control Order for Introduced Migratory Bird Species in Hawaiʻi (published 7/25/2017)Introduced, nonnative, alien, and invasive species in Hawaiʻi displace, compete with, and consume native species, some of which are endangered, threatened, or otherwise in need of additional protection in order to increase or maintain viable pop-ulations. To protect native species, the U.S. Fish and Wildlife Service establishes a control order for cattle egrets (Bubulcus ibis) and barn owls (Tyto alba), two invasive migratory bird species in Hawaiʻi, under the direction of Executive Order 13112. Lethal take could involve egg oiling, egg and nest destruction, the use of firearms, trapping, cervical dislocation, and other methods. All individuals and agencies participating in lethal take activities will be required to use humane methods of capture and eu-thanasia, and to adhere to the American Veterinary Medical Association Guidelines on euthanasia.

We also make available the supporting final environmental assessment, the finding of no significant impact, and public comments (private citizen comments and agency and NGO comments) for this control order. This rule is effective August 24, 2017.

Notice: Taking Marine Mammals Incidental to a Geophysical Survey in the Central Pacific Ocean (published 7/24/2017)

The National Marine Fisheries Service (NMFS) has received a request from the University of Hawaiʻi (UH) for authorization to take marine mammals incidental to a marine geophysical survey in the Central Pacific Ocean. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization to inci-dentally take marine mammals during the specified activities. Neither UH nor NMFS expects mortality to result from this activ-ity. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authoriza-tion and agency responses will be summarized in the final notice of our decision.

Comments and information must be received no later than August 23, 2017 and should be sent to ent to ITP.Carduner@noaa.gov or Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. 1315 East-West Highway, Silver Spring, MD 20910.

Federal Notices (Continued)

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Agency ActionsAny department, office, board, or commission of the state or county government which is part of the executive branch of that government per HRS 343-2.

Applicant ActionsAny person who, pursuant to statute, ordinance, or rule, requests approval for a proposed action per HRS 343-2.

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

Final Environmental Assessment and Find-ing of No Significant ImpactThe Agency shall respond in writing to comments on a DEA received during the 30-day review period and prepare a Final EA (FEA) that includes those responses to deter-mine whether an environmental impact statement 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 a 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 make written comments. The public (including the Applicant) has 60 days from the notice of the EISPN in this bulletin to ask a court to not require the prepara-tion of an EIS.

Act 172-2012, Direct-to-EIS, Environmental Impact Statement Preparation Notice (with no EA)Act 172 in 2012 amended HRS 343 by providing for an agency to bypass the preparation of an environmental assessment for various actions that in the experience of the agency would clearly require the preparation of an EIS. Until administrative rules have been drafted, the agency must submit its determination that an EIS is re-quired for an action (Act 172-2012, EISPN) with a com-pleted OEQC publication form detailing the specifics of the action to enable the public a 30-day period to request to be consulted parties in the preparation of the Draft EIS. Comments and responses on the EISPN must be incorporated into the subsequent Draft EIS.

Act 312-2012, Secondary Actions in the Highway or Public Right Of WayAct 312-2012, amended HRS 343, by adding a new section (HRS 343-5.5., entitled “Exception to applicability of chapter.”) HEPA now allows for a statutory exception for “secondary actions” (those that involve infrastructure in the highway or public right-of-way) provided that the permit or approval of the related “primary action” (those outside of the highway or public-right-of-way and on private property) is not subject to discretionary consent and further provided that the applicant for the primary action submits documentation from the appropriate agency confirming that no further discretional approvals are required. An aid to understanding this is to visualize residential driveway improvements in the public right-of-way, versus, retail outlet driveway improvements in the public right-of-way.

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

Final Environmental Impact StatementAfter considering all public comments filed during the DEIS stage, the Agency or Applicant must prepare a Final EIS (FEIS). The FEIS must respond in a point-by-point manner to all comments from the draft and must be included in the FEIS. See here for style concerns. For Applicant projects, the Approving Agency is authorized to accept the FEIS and must do so within 30-days or the FEIS is accepted as a matter of law. For an Agency project, the Governor or the Mayor (or their designated repre-sentative) is the Accepting Authority, and unlike applicant actions, there is no time limit on the accepting authority reviewing the FEIS. Only after the FEIS is accepted may the project be implemented.

AcceptabilityIf the FEIS is accepted, notice of this action is published in this bulletin. The public has 60 days from the date of notice of acceptance to ask a court to vacate the accep-tance of a FEIS. For Applicant actions, non-acceptance by the Approving Agency is cause for the Applicant to administratively appeal to the Environmental Council. For Agency actions, there is no such administrative appeal. In both instances, the Applicant or the proposing Agency can prepare a revised DEIS after a non-acceptance de-termination.

National Environmental Policy ActThe National Environmental Policy Act (NEPA) requires federal projects to prepare an 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. OEQC publishes NEPA notices in this bulletin to help keep the public informed of import-ant federal actions.

Conservation DistrictAny use of land in the State Conservation District requires 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. Notices of permit appli-cations are published in this bulletin.

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 special subset of the SMA that is regulated by HRS 343, is the Shoreline Setback Area. Most development in this area requires a Special Management Permit. This bulle-tin posts notice of these SMA applications to encourage public input.

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

Environmental CouncilThe Environmental Council is a 15-member citizen board appointed by the Governor. They serve as a liaison between the Director of OEQC and the general public concerning ecology and environmental quality. The Council makes the rules that govern the Environmental Impact Statement process (HRS 343). Agendas of their regular meetings are posted on the Internet and the public is invited to attend.

Administrative Exemption ListsGovernment agencies must keep a list describing the minor activities they regularly perform that are exempt from the environmental review process. These lists and any amendments shall be submitted to the Council for review and concurrence (HAR 11-200-8(d)). This bulletin will publish an agency’s draft exemption list for public comment prior to Council decision making, as well as notice of the Council’s decision on the list.

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

Glossary of Terms and Definitions

Ko Olina Bay, Oʻahu Photo by Floyd Manzano