Hanauma Bay, Oʻahu Photo by Jenly Chen

The Environmental Notice June 23, 2016A Semi-Monthly Bulletin published pursuant to Section 343-3, Hawai‘i Revised Statutes David Y. Ige, GovernorOffice of Environmental Quality Control Scott Glenn, Director

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

The Environmental Notice provides public notice for projects undergoing environmental review in Hawaiʻi as mandated under Section 343-3, Hawaiʻi Revised Statutes (HRS), the Environmental Impact Statement Law. Along with publishing Environmental Assessments (EAs) and Environmental Impact Statements (EISs) for projects in Hawaiʻi, The Environmental Notice also includes other items related to the shoreline, coastal zone, and federal activities.

International Coral Reef Symposium 19-24 June 2016This week the International Coral Reef Symposium is being held in Honolulu. It is sanctioned by the International Society for Reef Studies and held every four years. It is the primary international meeting focused on coral reef science and management. The Sympo-sium will bring together an anticipated 2,500 coral reef scientists, policy makers and managers from 70 different nations in a forum to present the latest research findings, case histories and management activities, and to discuss the application of scientific knowledge to achieving coral reef sustainability. Learn more about it here: https://sgmeet.com/icrs2016/default.asp.

Photo by Thomas Shahan

Photo by Ken-ichi Ueda

Photo by Robert Linsdell

Photo by Tinou Bao

Photo by Thomas Shahan

Photo by Klaus Stiefel

Statewide Map of New HRS CHapteR 343 pRojeCtS

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LEGEND New document count in this issue: 10 total - HRS Chapter 343-5(b) Agency Actions: 6 - HRS Chapter 343-5(e) Applicant Actions: 4 - Other: 0

Table of ConTenTsHAWAI‘I 1. Keauhou Bay Offshore Moorings Project DEA Withdrawal 3 2. Kekaha Kai State Parks Phase II Improvements FEA Withdrawal 3 3. Laupāhoehoe Forest Management Plan FEA (FONSI) 4 4. Electric Light Easement Modification and Access Road Construction at Pu‘uwa‘awa‘a FEA (FONSI) 4

MAUI 5. Pāʻia Courtyard Project FEA (FONSI) 5

MOLOKA‘I 6. Proposed Memorial Located at Kalaupapa National Historic Park DEA (AFNSI) 5

O‘AHU 7. Honolulu Board of Water Supply Aina Haina 170' Potable Reservoir No. 2 FEA (FONSI) 6 8. Waikapoki Wastewater Pump Station Upgrade FEA (EISPN) 6 9. Waikīkī Beach Walk - Outrigger Reef Waikīkī Beach Resort DSEIS 7

KAUA‘I 10. Bridge 7E Replacement, Kaumualiʻi Highway, Route 50 FEA (FONSI) 7

OPEN HRS CHAPTER 343 DOCUMENTS 8

FEDERAL NOTICES 8

COASTAL ZONE MANAGEMENT NOTICES Special Management Area Permits 9 Federal Consistency Review 10

SHORELINE NOTICES Shoreline Certification Applications 11 Shoreline Certifications and Rejections 11

GLOSSARY 12

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HRS §343-5 Trigger(s)

HRS Chapter 343-5(a) (1) and (2): Use of State Lands and Funds

District(s) North KonaTMK(s) Makai of (3) 7-8-010:044 (submerged lands)Permit(s) USACE Section 10 Standard Individual Permit, Office of Planning CZM

Program Federal Consistency ReviewProposing/Determining Agency

Department of Land and Natural Resources, Division of Boating andOcean RecreationFinn McCall, finn.d.mccall@hawaii.gov, 808-587-32504 Sand Island Access Road, Honolulu, HI 96819

Consultant Anchor QEA, LLCRob Walker, rwalker@anchorqea.com, 808-202-1920PO Box 756, Haleʻiwa, HI 96712

Status Based on the numerous comments and concerns received on the Draft Environmental Assessment for the subject project and overall lack of community support for the Proposed Project and Alternatives, the Department of Land and Natural Resources has decided to withdraw the Environmental Assessment for consideration at this time.

We will instead be working directly with the existing mooring permittees to bring their moorings into compliance with the U.S. Army Corps of Engineers Federal Regulations.

1. Keauhou Bay Offshore Moorings Project DEA Withdrawal

2. Kekaha Kai State Parks Phase II Improvements FEA WithdrawalHRS §343-5 Trigger(s)

(1) Use of State lands and funds (2) Use within conservation district

District(s) North KonaTMK(s) (3) 7-2-05: 02, 03 & 07; 7-3-43: por. 01; 7-2-04: 03, 09, 17 & 19Permit(s) Conservation District Use Permit, Shoreline Setback Determination, Special

Management Area Permit, National Pollutant Discharge Elimination System Permit, Disability and Communication Access Board, County of Hawaii BuildingPermit

Proposing/Determining Agency

Department of Land and Natural Resources, Engineering DivisionCarty Chang, Chief Engineer, (808) 587-0230, carty.s.chang@hawaii.gov1151 Punchbowl Street, Room 221, Honolulu, HI 96813

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

Status The State of Hawaii, Department of Land and Natural Resources (DLNR) is withdrawing the Final En-vironmental Assessment –Finding of No Significant Impact (FEA-FONSI) for the Kekaha Kai State Parks Phase II Improvements, published in The Environmental Notice on February 23, 2015.

The FEA-FONSI was inadvertently published prior to its approval by the Board of Natural Land and Natural Resources (BLNR). If approved by the BLNR, the FEA-FONSI will be re-published in a subsequent issue of The Environmental Notice.

Hawaiʻi

Kekaha Kai State Park, Hawaiʻi Photo by trickofthelight

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3. Laupāhoehoe Forest Management PlanHRS §343-5 Trigger(s)

Use of State or county lands of funds, Use in the Conservation District

District(s) North HiloTMK(s) (3) 3-7-001:002, (3) 3-7-001:012Permit(s) BLNR approval; Consultation with SHPD per HRS §6E-8 & NHPA §106Proposing/Determining Agency

Department of Land and Natural Resources, Division of Forestry and WildlifeTanya Rubenstein, Natural Area Reserves Project Coordinator, (808) 587-0027,tanya.rubenstein@hawaii.gov1151 Punchbowl St. Room 325, Honolulu, HI 96813

Consultant Anden ConsultingChristen Mitchell, (808) 222-7877, mitchell@anden.consulting2812-B Kalihi St., Honolulu, HI 96819

Status Finding of No Significant Impact (FONSI) determination, comments are not taken on this action.

Laupāhoehoe Forest is situated on the eastern, windward flanks of Mauna Kea in the North Hilo District on the island of Hawai‘i (TMK (3) 3-7-001:002, (3) 3-7-001:012), along the Hāmākua Coast above the town of Laupāhoehoe. Laupāhoehoe Forest is composed of Laupāhoehoe Natural Area Reserve and the Laupāhoehoe section of the Hilo Forest Reserve, and also includes a federal experimental forest designation, the Hawai‘i Experimental Tropical Forest. Laupāhoehoe Forest stretches from about 1,700 to 6,100 ft (518-1860 m) elevation and is important watershed, includes several stream drainages, and contains valuable intact native habitat for a variety of rare plants and animals. The health of the forest and its natural resources are threatened by invasive animals and plants, disease, and climate change, which over time degrade the native forest and lead to reduced quantity and quality of water.

The Laupāhoehoe Forest Management Plan proposes management actions to be implemented over the next 15 years to support long-term protection of the native forest and the unique natural resources of the area. In addition to continuing existing management (e.g., invasive species control, rare plant restoration, research, etc.), the Management Plan also proposes the creation of new fenced conservation units (approximately 2,659 total acres), trail and access improvements including the maintenance and development of identified primitive trails within the Forest and the establishment of primitive camping at Shack Camp; increased opportunities for education and outreach visits; and the installation of management shelters and helicopter landing zones to support natural resources management, wildfire suppression, and emergency response. Best management practices and mitigation measures would be incor-porated to minimize negative impacts to water, botanical, faunal, or archaeological resources. The creation of conservation units will decrease the acreage available for public hunting in Units C and K by approximately 2,659 acres; locations for proposed fencing were selected to protect intact forest and to minimize impact on hunting.

4. Electric Light Easement Modification and Access Road Construction at Pu‘uwa‘awa‘a FEA (FONSI)HRS §343-5 Trigger(s)

Use of State Land

District(s) North KonaTMK(s) (3) 7-1-002:013 (por.)Permit(s) BLNR approval of the easement

Review and approval of plans by the DLNR Engineering DivisionApproving Agency

Department of Land and Natural Resources, Land Division, Hawaii DistrictWesley T. Matsunaga, Land Agent, Wesley.T.Matsunaga@Hawaii.Gov,808-961-9590 75 Aupuni Street, Room 204, Hilo, HI 96720

Applicant Hawaii Electric LightLeila Beals, Land Agent, leila.beals@hawaiielectriclight.com, 808-969-0263 54 Halekauila St, Hilo, HI 96720

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

Status Finding of No Significant Impact (FONSI) determination, comments are not taken on this action.Hawai‘i Electric Light is applying to the BLNR for a modification of one of its 69kV transmission line easements over State land at Pu‘uwa‘awa‘a to allow construction of a 15-foot wide, 450-foot long unpaved road so that it can replace and maintain a power pole. Hawai‘i Electric Light is currently replacing its aging poles along Māmalahoa Highway with upgraded, sturdier poles capable of bearing the area’s wind loads. Adequate road access is essential for replacement and future maintenance. Standard best manage-ment practices will be implemented to minimize erosion and the risk of wildfire. No archaeological, cultural or biological resources are present. The corridor already has poles and wires and the ground surface is not highly visible from public locations, and scenic impacts would be negligible.

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5. Pāʻia Courtyard Project FEA (FONSI)HRS §343-5 Trigger(s)

Maui County Community Plan Amendment; Use of State or County Lands orFunds

District(s) MakawaoTMK(s) (2) 2-5-005:063Permit(s) Chapter 343 Environmental Review; State District Boundary Amendment;

Community Plan Amendment; Change in Zoning, Special Management Area UsePermit; County Town Business District Design Review; Work to Perform in theCounty Right of Way

Approving Agency

Maui Planning Commission, C/O Maui Planning Department, planning@mauicounty.gov, (808) 270-82052200 Main Street, Suite 315 Wailuku, HI 96793

Applicant Paia 2020, LLC, David Spee, davidspee@aol.com, (808) 579-8244, P.O. Box 790478, Pāʻia, HI 96779

Consultant NoneStatus Finding of No Significant Impact (FONSI) determination, comments are not taken on this action.

The Applicant, Paia 2020, LLC is proposing a new mixed-use development project on an approximately nine (9) acre parcel in Pāʻia Town. Included in the proposed improvements are the following:

1. Six (6) two-story mixed-use retail and office buildings with nine (9) upper story residential units;

2. Fifty-six (56) independent senior living apartments and support facilities including a pool, exercise facility and social hall.

3. Grading, relocation and/or installation of underground utilities and other related improvements to support the improvements.

4. Site improvements including an approximately 309 stall parking lot containing enough stalls to support the proposed uses, with approximately 51 stalls in excess of Code requirements; roadway improvements, a bus stop for the senior units, sidewalks, a multi-use path, landscape improvements and retaining walls.

Maui

Molokaʻi6. Proposed Memorial Located at Kalaupapa National Historic Park DEA (AFNSI)HRS §343-5 Trigger(s)

Use of State Lands

District(s) KalawaoTMK(s) (2) 6-1-001:002 (por.)Permit(s) National Pollutant Discharge Elimination System (NPDES) (as applicable), Community Noise Permit (as applicable),

final approval and issuance of 65-year lease of the Memorial site from the Board of Land and Natural Resources, approval of the Final Memorial Design by the Secretary of the Interior

Approving Agency

Department of Land and Natural Resources (DLNR)Lauren Tanaka, DLNR, Division of State Parks, (808) 587-0293, Lauren.A.Tanaka@hawaii.gov1151 Punchbowl Street, Room 310 Honolulu, HI 96813

Applicant Ka ‘Ohana O Kalaupapa, Valerie Monson, (808) 573-2746, vmonson@kalaupapaohana.org, P. O. Box 1111 Kalaupapa, HI 96742

Consultant Not ApplicableStatus Statutory 30-day public review and comment period starts; comments are due by July 25, 2016. Please send com-

ments to the approving agency and copy the applicant.On March 30, 2009, President Barack Obama signed The Kalaupapa Memorial Act into law. The Act directs the Secretary of the Inte-rior to authorize Ka ‘Ohana O Kalaupapa (‘Ohana) to establish a Memorial within the boundaries of the Kalaupapa National Historical Park to honor and to perpetuate the memory of those individuals who were separated from their families and forcibly relocated to the Kalaupapa Peninsula between 1866 and 1969 as a result of government policies regarding leprosy, now also called Hansen’s Disease. Approximately 1,000 of the estimated 8,000 individuals who died at Kalaupapa, have a marked grave. The remaining people lie in unmarked graves.

The ‘Ohana intends to establish the proposed Memorial within the 5.9-acre area located within the four (4) historic rock walls defin-ing the former Old Baldwin Boys Home site. The Memorial will include a wall upon which the names of the 8,000 individuals sent to Kalaupapa will be inscribed. A pedestrian walkway will be provided for access to the Memorial from the existing Damien Road and will be accessible to persons with disabilities. The proposed Memorial site is located on a large parcel owned by the State of Hawai‘i, (TMK: (2) 6-1-001:002) in Kalawao County. The use of State land triggers the need to prepare an Environmental Assessment (EA) under Chapter 343, HRS. The DLNR is the approving agency for the EA. DLNR’s final approval and issuance of the 65-year lease of the Memorial site to the ‘Ohana is contingent on completing the Chapter 343 process

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oʻaHu7. Honolulu Board of Water Supply Aina Haina 170' Potable Reservoir No. 2 FEA (FONSI)HRS §343-5 Trigger(s)

Use of State or county lands or the use of State or county funds.

District(s) HonoluluTMK(s) (1)3-3-016:040 and (1)3-6-019:012Permit(s) National Pollutant Discharge Elimination System (NPDES) Permit, Community

Noise Permit, Community Noise Variance (see document for more)Proposing/Determining Agency

Honolulu Board of Water Supply, Scot Muraoka, P.E., smuraoka@hbws.org, (808) 748-5942630 S. Beretania Street Honolulu, HI 96843

Consultant The Limtiaco Consulting Group, Jason Nakata, jason.n@tlcghawaii.com, (808) 596-77901622 Kanakanui Street Honolulu, HI 96817

Status Finding of No Significant Impact (FONSI) determination, comments are not taken on this action.The Honolulu Board of Water Supply (BWS) proposes installation of a second 0.5 million gallon potable water reservoir at its existing reservoir facility at 855 Alamuku Street in Aina Haina. The reservoir will be an enclosed concrete structure similar to the existing res-ervoir. The project will involve installation of the reservoir, connection of the reservoir to water, drainage and electrical utilities, and installation of control and monitoring equipment.

Due to special constraints, the BWS may acquire a small portion of the adjacent Wailupe Community Park. It is estimated that ap-proximately 0.03 acres of the park will be acquired to accommodate the proposed reservoir. However, a waiver from County setback requirements will be sought to reduce the acquired land to the minimum extent practicable. The existing concrete retaining wall sur-rounding the facility will be reconstructed to follow the new property boundary. The area to be acquired is currently an open, grassy space; no structures within the park will be impacted. The project will improve the storage capacity and reliability of the potable water supply and distribution system for the East Honolulu communities of Wailupe Peninsula, Aina Haina, Niu Valley and Kuliouou, and will address an existing storage deficit in this system.

8. Waikapoki Wastewater Pump Station Upgrade FEA (EISPN) HRS §343-5 Trigger(s)

Use of state or county lands or funds; Waste water facility, waste-to-energyfacility, landfill, oil refinery, or power-generating facility

District(s) KoʻolaupokoTMK(s) 4:5-003:010Permit(s) Construction Plans Approvals * Community Noise Permit (if required during

construction) * Noise Variance * NPDES Dewatering Permit (contractor’s option) * Initial Review and Applicable Approvals * Special Management Area Permit (see document for more)

Proposing/Determining Agency

City and County of Honolulu, Department of Design and ConstructionShelle Silva, shelle.silva@honolulu.gov, (808) 768-8763650 South King Street, 14th Floor, Honolulu, HI 96813

Consultant HDR Engineering, Inc., Ayako Kawabata, ayako.kawabata@hdrinc.com, (808) 697-62001132 Bishop Street, Suite 1200, Honolulu, HI 96813-2822

Status Administrative 30-day public review and comment period starts; comments are due by July 25, 2016. Please send comments to the proposing/determining agency and copy the consultant.

The City and County of Honolulu is proposing to upgrade its Waikapoki Wastewater Pump Station (WWPS) in Kāneʻohe on the windward side of Oʻahu. Proposed upgrades to the existing Waikapoki WWPS include replacement of the two existing pumps with two higher capacity pumps, renovation of existing pump station, and other miscellaneous onsite improvements. The generator room within the existing pump station building is proposed to be converted into an electrical/motor control center (MCC) room. A new emergency generator building is proposed to be constructed to house a new, upgraded diesel engine generator. Acoustical treatment will be provided to the pump station building and generator building to minimize noise emissions. To reduce the potential for vapor cavity formation and pressure surges caused by shutdown of pumps from power failure, two vacuum relief valves, located in be-low-grade manholes, will be added to the existing force main (pressure line) to which the pump station discharges.

The construction will occur primarily within the Waikapoki WWPS site. A new underground electrical ductline and manhole system will be installed in the existing HECO utility easement within the Kauhale Beach Cove townhouse complex and a portion of Mahala-ni Place to accommodate a new HECO primary feeder. Since the project site is located within a townhouse complex and residential neighborhood, measures to minimize impact to nearby residences will be implemented to the extent practicable. There will be some short-term construction impacts such as increase in the number of vehicles accessing the site, construction equipment noise, and dust. The determination for this Final EA is a Finding of No Significant Impact (FONSI).

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9. Waikīkī Beach Walk - Outrigger Reef Waikīkī Beach Resort DSEISHRS §343-5 Trigger(s)

Located in Waikīkī and the Shoreline Area

District(s) HonoluluTMK(s) 2-6-002:014, 027 2-6-003:001, 060, 061 2-6-004:010

Permit(s) Minor Modification to the Special Management Area Use Permit (Major),Shoreline Setback Variance, Minor Modification to Planned Development-Resort Permit and Waikīkī Special District (Major) (see document for more)

Approving Agency

City and County of Honolulu, Department of Planning and PermittingMaylene Simeon, (808) 768-8017, msimeon@honolulu.gov650 S. King Street, 7th Floor, Honolulu, HI 96813

Applicant Outrigger Enterprises, Inc., Edward E. Case, Senior VP & Chief Legal Officer, (808) 921-6600, ed.case@outrigger.com, 2375 Kūhiō Avenue, Honolulu, HI 96815

Consultant Group 70 International, Inc., Christine Ruotola, AICP, (808) 523-5866, cruotola@group70int.com925 Bethel Street, 5th Floor, Honolulu, HI 96813

Status Statutory 45-day public review and comment period starts; comments are due by August 8, 2016. Please send comments to the approving agency and copy the applicant and the consultant.

Outrigger is undertaking a revitalization of its Outrigger Reef Waikīkī Beach Resort (Outrigger Reef) located in Waikīkī, O'ahu, Hawai'i. Envisioned in the revitalization of the Outrigger Reef is the demolition of the five-story beachfront Diamond Head tower and dated pool deck, which will be replaced with a resort pool, dining, and beach side lawn area.The redesign will bring a new conferencing cen-ter to support small to medium size meetings, including the corporate and incentive meeting market. Completing the transformation will be new hotel rooms connecting the existing Pacific and Ocean Towers on the site. The revitalization of the Outrigger Reef will be the capstone of Waikīkī Beach Walk, from Kalākaua Avenue to the sands of Waikīkī Beach. Implementation of the proposed project improvements will update and expand Outrigger’s offering of shopping, dining, entertainment, and hospitality options. The SEIS eval-uates construction and operational impacts on natural environmental, archaeological, and cultural resources; utility, infrastructure, roadway, and traffic conditions; and projected socio-economic benefits and costs.

kauaʻi10. Bridge 7E Replacement, Kaumualiʻi Highway, Route 50 FEA (FONSI)HRS §343-5 Trigger(s)

Use of State lands and funds

District(s) Koloa

TMK(s) [4] 2-7-001: 004 (por.); 2-7-002: 001 (por.); Kaumualiʻi Highway Right-of-Way

Permit(s) Clean Water Act Section 404, Section 401 Water Quality Certification, Stream Channel Alteration Permit, National Historic Preservation Act Section 106/HRS 6E Consultation, Endangered Species Act Section 7 Consultation, Coastal Zone Management Act Consistency Review (see document for more)

Proposing/Determining Agency

State of Hawaii, Department of TransportationChristine Yamasaki, (808) 692-7572, christine.yamasaki@hawaii.gov869 Punchbowl Street, Honolulu, HI 96813

Consultant CH2M HILL (under contract to the Federal Highway Administration, Central Federal Lands Highway Division [FHWA-CFLHD]), Kathleen Chu, (808) 440-0283, kathleen.chu@ch2m.com1132 Bishop Street, St. 1100, Honolulu, HI 96813

Status Finding of No Significant Impact (FONSI) determination, comments are not taken on this action.

The State of Hawaii Department of Transportation proposes improvements to Bridge 7E on Kaumualii Highway (crossing an unnamed stream at approximately Milepost 7.0) in the Koloa District on the island of Kauai. This project would replace the existing two-cell box culvert with a single-cell box culvert that is approximately 26 feet long and 44 feet wide. A temporary two-lane bypass route would be provided on the mauka (mountainward) side of the highway, throughout the construction period. The project includes scour pro-tection and vegetation control measures, supporting walls and slopes, utility relocations, and temporary staging areas. This project would improve mobility for highway users, address existing structural deficiencies, and meet current design standards for roadway width, load capacity, barrier railing and transitions, and approach roadways.

Short-term construction related impacts (noise, dust and erosion) would occur, but the implementation of best management practic-es would minimize the effects to the environment. Four Federally and State listed wildlife species (Hawaiian petrel, Newell’s shearwa-ter, Hawaiian hoary bat, and band-rumped storm petrel) have the potential to occur within the project limits, but restrictions on the timing of construction and minimization of the project footprint would preclude any long-term effects to the species. Critical habitat and listed plant species do not exist within the project limits. Effects on historic architectural and archaeological resources would not be expected.

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open HRs CHapTeR 343 DoCuMenTs

Hawaiʻi Dairy Farms DEIS (comments due July 25) Park Kalia-Waikīkī Condo-Hotel FEA (EISPN) Waiʻanae High School Athletic Field Bleachers DEA (AFNSI) 47-407 Kamehameha Highwhy Special Management Area Dwelling Units DEA (AFNSI) New Residence for Charles Tsu Yew Wong DEA (AFNSI)

Status: Statutory public review and comment period for these projects began previously; comments are due July 8, 2016 unless specified otherwise. Please send comments to the relevant agency and copy and relevant applicant and/or con-sultant.

feDeRal noTiCes

As a courtesy, listed below are relevant entries from the Federal Register, gleaned from a search of Hawai‘i-based entries published since the last issue of The Environmental Notice. For the PDF file click on the title link, also available at http://www.gpo.gov/fdsys/

The National Marine Fisheries Service (NMFS) announces its decision on a petition for rulemaking submitted by the Cen-ter for Biological Diversity (CBD). In their petition, CBD requested that NMFS implement additional domestic regulations to address the relative impacts of the U.S. fleet on the Pacific bluefin tuna (PBF) stock, which is overfished and subject to overfishing. Outside of the scope of their petition for rulemaking, CBD also requested that NMFS develop recommen-dations for international fishery management organizations to take actions to end overfishing of PBF. In light of public comments, NMFS is responding to each element of the petition but referring the specific requests for rulemaking under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) to the Pacific Fishery Management Council (Pacific Council) for further consideration. The decision was made on June 9, 2016. DATES: June 16, 2016. FOR FURTHER INFORMATION CONTACT: Heidi Taylor, NMFS, 562–980–4039 (see 81 F.R. 39213, June 16, 2016).

Petition for Rulemaking Response

Hanalei Valley, Kauaʻi Photo by Alan Strakey

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CoasTal Zone ManageMenT noTiCes

Federal Highway Administration Bridge 7E Replacement Project at Kaumualiʻi Highway, KauaʻiProposed Action: Replace Bridge 7E, currently a two-cell box culvert, with a single-cell box culvert to address structural and functional deficiencies. The new culvert would be designed to current standards for roadway width, load capacity, crash-tested barrier railing and transitions, and approach roadways. The typical section of the new culvert would be 44 feet wide and consist of two 12-foot wide travel lanes, two 8-foot wide shoulders on each side, and two 2-foot wide crash-tested barrier rails. During construction, traffic would use a two-way bypass route and temporary stream crossing mauka of highway. Upon project completion, there would be no changes in highway operations. Location: Bridge 7E, Kaumaualiʻi Hwy (State Route 50) at Milepost 7.0, approximately 800 feet west of Maluhia Road, Kauaʻi TMK: (4) 2-7-1:4; 2-7-2:1 Federal Action: Federal Agency Activity Federal Agency: Federal Highway Administration, Central Federal Lands Highway Division Informational Contact: Mr. Thomas Parker, (720) 963-3688, thomas.w.parker@dot.gov CZM Contact: John Nakagawa, 587-2878, john.d.nakagawa@hawaii.gov Comments Due: July 7, 2016

Federal Highway Administration Hālona Street Bridge Replacement Project, Kalihi, OʻahuProposed Action: Replace the Hālona Street Bridge to address structural and functional deficiencies. The project limits extend beyond Hālona Street Bridge to include the approach roadways and potential staging area: approx-imately 600 feet along Hālona Street and along a portion of Kōkea Street and Kohou Street. Where Kapālama Canal crosses beneath Hālona Street Bridge, the project limits would extend 400 feet upstream and downstream of the bridge to include considerations for construction and hydraulics. The existing Hālona Street Bridge would be demolished and replaced with a new precast bridge. The replacement bridge would be a three-span bridge with a total length of approx-imately 131 feet, a deck width of 39 feet, and a superstructure depth of 2.5 feet. The new bridge would have the same road profile as the existing bridge but would be narrower because of the removal of the landscaped buffer that sits atop the existing bridge deck. It is anticipated that the Hālona Street Bridge would be closed to normal vehicular traffic for the duration of the project, however, a corridor would be provided along the existing bridge during construction for pedestri-ans and bicyclists. Location: Hālona Street Bridge, adjacent Interstate H-1, between Kohou and Kōkea Streets, Kalihi, Oʻahu TMK: (1) 1-6-2; 1-6-6 Federal Action: Federal Agency Activity Federal Agency: Federal Highway Administration, Central Federal Lands Highway Division Informational Contact: Mr. Thomas Parker, (720) 963-3688, thomas.w.parker@dot.gov CZM Contact: John Nakagawa, 587-2878, john.d.nakagawa@hawaii.gov Comments Due: July 7, 2016

Federal Consistency ReviewsThe Hawaiʻi Coastal Zone Management (CZM) Program has received the following federal actions to review for consisten-cy with the CZM objectives and policies in Chapter 205A, Hawaiʻi Revised Statutes. This public notice is being provided in accordance with section 306(d)(14) of the National Coastal Zone Management Act of 1972, as amended. For general information about CZM federal consistency please call John Nakagawa with the Hawaiʻi CZM Program at 587-2878. For neighboring islands use the following toll free numbers: Lanaʻi & Molokaʻi: 468-4644 x72878, Kauaʻi: 274-3141 x72878, Maui: 984-2400 x72878 or Hawaiʻi: 974-4000 x72878. For specific information or questions about an action listed below please contact the CZM staff person identified for each action. Federally mandated deadlines require that comments be received by the date specified for each CZM consistency review. Comments may be submitted by mail or electronic mail, as indicated below.

Mail: Office of Planning Email: john.d.nakagawa@hawaii.gov Department of Business, Economic Development and Tourism P.O. Box 2359, Honolulu, HI 96804

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Location (TMK) Description (File No.) Applicant/AgentHawai‘i: North Kona (7-5-008: 003; 7-5-008: 001, County Right-of-Way)

Amend SMM-14-320 to Include TMK 7-5-008: 001 and a Two-Year Time Extension (SMM 14-320)

County of Hawai‘i Department of Public Works

Hawai‘i: North Kona (7-6-015: 015) Amend SMM-15-330 to Conversion of Existing Office Build-ing to a Residential Duplex (SMM 15-330)

Jaelyn Rockman

Maui: Lahaina (4-6-001: 009) Lahaina Halloween Keiki Parade - 2016 (SM2 20160058) West Maui Soroptimist AakoMaui: Lahaina (4-6-001: 009) Lahaina Halloween Keiki Parade - 2016 (SM2 20160059) West Maui SoroptimistMaui: Lahaina (4-6-001: 009) Lahaina Halloween Keiki Parade - 2016 (SM2 20160060) West Maui SoroptimistMaui: Paia (2-6-002: 004) Commercial Addition (SM2 20160062) Tatiana BottonMaui: Kihei (3-9-003: 002) Two New Eateries (SM2 20160063) Kihei Market Place, LLCO‘ahu: Kailua (4-4-023: 001) Aikahi Site Upgrades (2016/SMA-29) Verizon Wireless / Eukon Group

Special Management Area (SMA) Minor Permits

Federal Highway Administration Roosevelt Bridge Rehabilitation Project, ʻEwa, OʻahuProposed Action: Rehabilitate the existing Roosevelt Bridge to meet current standards for load capacity, bridge railing and transitions, and seismic standards. Rehabilitation would include strengthening of existing bridge struc-tural components, seismic retrofit, demolition of existing bridge railing and end monuments and construction of new crash-tested railing, widening by 2 feet-2inches on both sides of the bridge, replacement of guardrail transitions and end treatments, movement of overhead roadway lighting, repairs to the bridge abutments, and removal and replacement of the travel surface. The bridge rehabilitation would maintain the approximate existing roadway’s horizontal and vertical alignments. Location: Kamehameha Hwy, crossing Kīpapa Stream, ʻEwa, Oʻahu TMK: (1) 9-4-5:52 Federal Action: Federal Agency Activity Federal Agency: Federal Highway Administration, Central Federal Lands Highway Division Informational Contact: Mr. Thomas Parker, (720) 963-3688, thomas.w.parker@dot.gov CZM Contact: John Nakagawa, 587-2878, john.d.nakagawa@hawaii.gov Comments Due: July 7, 2016

Department of Hawaiian Home Lands (DHHL) Hoʻolehua Water System, PWS 230 Improvements, MolokaʻiProposed Action: DHHL is proposing to improve the Hoʻolehua water system on Molokaʻi, involving actions at seven sites. Site #1 Well Site Improvements: install 200,000 gallon storage tank adjacent to existing 100,000 gallon tank; add above-ground fuel storage tank to augment the existing capacity of the existing emergency generator; rede-sign and construct roadway system for security and access; replace existing booster pumps and ancillary equipment; add a 1 MW photovaoltaic solar system to be built on approximately 7 acres within a 25 acre area at the well site. Site #2 Kalamaʻula Improvements: construct all-weather surface on existing dirt roadway to Kalamaʻula Tank; install new larger capacity transmission mains and laterals; replace various valves; replace deteriorated fire hydrants. Site #3 Kauluwai Tank and Transmission Improvements: redesign and replace section of existing main transmission line; replace Kauluwai to Hoʻolehua transmission main. Site #4 Hoʻolehua Tank Site Improvements: modify existing tank to improve safety and automation; develop new road within DHHL land; and replace existing fences with minimum 8-foot tall deer deterrent fencing. Site #5 Hoʻolehua Transmission and Fire Protection Improvements: replace and extend existing transmission main from Hoʻolehua to Veterans’ Cemetery to Lihi Pali Avenue; install 17 fire hydrants between Hoʻolehua and Veterans’ Cemetery; replace Puʻukapele transmission main. Site #6 Hoʻolehua Pressure Breaker Tank Facility Improvements: install all-weather roadway and replace ancillary equipment. Site #7 Hoʻolehua Maintenance Yard Improvements, and Scattered Valve and Hydrant Replacements: replace various valves and fire hydrants in Hoʻolehua; replace existing maintenance building with new facility; and purchase and store supplies and equipment necessary to maintain PWS 230. Applicant: State Department of Hawaiian Home Lands Contact: Catie Cullison, PBR Hawaii, (808) 521-5631 Location: Hoʻolehua, Pālāʻau, Moʻomomi, and Kalamaʻula, Molokaʻi Federal Action: Federal Assistance Responsible Federal Agency: U.S. Department of Agriculture, Rural Development CZM Contact: John Nakagawa, 587-2878, john.d.nakagawa@hawaii.gov Comments Due: July 7, 2016

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).

June 23, 2016 The Environmental Notice

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sHoReline noTiCes

File No. Date Location Applicant/Owner TMKOA-1706 5/31/16 Lots 4608 & 4609 Land Court Application 1069 situate at

Honouliuli, ʻEwa, Oʻahu Address: 92-120 Kamoana Place & 92-101 Waialiʻi Place Purpose: Pending sale

Walter P. Thompson, Inc./ TAT Ko Olina 25 LLC, & HRT Realty LLC Ko Olina Hotel #7 LLC

(1) 9-1-057:006 & 007

MA-646 5/27/16 A Portion of Lot 463-A Land Court Application 1804 (Map 72) situate at Honuaula, Makawao, Maui Address: 3850 Wailea Alanui Drive Purpose: Determine shoreline setback

R. T. Tanaka Engineers, Inc./ Tom Donovan

(2) 2-1-008:109 por.

MA-647 5/31/16 Lot 32 of the Kuau Sunset Beach Lots (File Plan 302) situate at Honuaʻula, Makawao, Maui Address: 81 Aleiki Place Purpose: Sale of subject parcel

Akamai Land Surveying, Inc./ R & J Vivian Trust c/o Robin & Judie Vivian

(2) 2-6-011:014

HA-533 5/31/16 Lot 2 of Lanihau Point Subdivision (File Plan 2071) being a portion of R.P. 7456, L.C. Aw. 8559-B, Ap. 11 to William C. Lunalilo situate at Lanihau Nui, North Kona, Hawaiʻi Address: 75-5436 Kona Bay Drive Purpose: Obtain County permits

Wes Thomas Associates/ DJL Properties LLC

(3) 7-5-005:094

HA-534 5/31/16 Lot 3 of Lanihau Point Subdivision (File Plan 2071) being a portion of R.P. 7456, L.C. Aw. 8559-B, Ap. 11 to William C. Lunalilo situate at Lanihau Nui, North Kona, Hawaiʻi Address: 75-5434 Kona Bay Drive Purpose: Obtain County permits

Wes Thomas Associates/ The Meneghetti Revocable Trust

(3) 7-5-005:095

Applications for Shoreline Certification

File No. Proposed/Rejected Location Applicant/Owner TMKOA-1674 Proposed Shoreline

CertificationLot 42 Land Court Application 1596 (Map 1) situate at Waikīkī, Honolulu, Oʻahu Address: 118 Wailupe Circle Purpose: Building permit

Wesley T. Tengan/ Hunakai Trust

3-6-001:042

OA-1696 Proposed Shoreline Certification

“The Kahala Hotel & Resort” Area Fronting Lot 228 (Map 21) of Land Court Application 828 situate at Waiʻalae-Iki, Honolulu, Oahu Address: 5000 Kahala Avenue Purpose: Changes to Landscaping & related activities

Sam O. Hirota, Inc./State of Hawaii; Kahala Hotel & Resort (Resort-trust Hawaii, LLC)

(1) 3-5-023:041

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

The shoreline notices below have been proposed for certification or rejection by the Department of Land and Natural Resources (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.

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 Assess-ment shall be prepared at the earliest practicable time to determine whether the actions’ envi-ronmental impact will be significant, 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 period-ic bulletin.

Final Environmental Assessment and Finding of No Significant ImpactThe Agency 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 responses to determine 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 State-ment (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 Environmental Impact State-ment 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 determination 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 (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, Environ-mental Impact Statement Prepara-tion 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 adminis-trative rules have been drafted, 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 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 State-mentAfter 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 consequenc-es of the proposed action including the direct, in-direct and cumulative impacts and their mitigative measures. The public has 45 days from the first publication 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 State-mentAfter 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 com-ments 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 representative) 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 acceptance of a FEIS. For Applicant actions, non-acceptance by the Approv-ing Agency is cause for the Applicant to adminis-tratively 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 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 important 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 Re-sources. Members of the public may intervene in the permit process. Notices of permit applications are published in this bulletin.

Special Management Area and Shoreline Setback AreaThe Special Management Area (SMA) is along the coastline of all islands and development in this area is generally regulated by HRS 205A, and county ordinance. A special subset of the SMA that is regulated by HRS 343, is the Shore-line Setback Area. Most development in this area requires a Special Management Permit. This bulletin 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 survey-or prior to construction. This bulletin publishes notice from the Department of Land and Natural Resources of shoreline 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 sub-mitted 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 no-tice of the Council’s decision on the list.

Endangered SpeciesThis bulletin is required by HRS 343-3(c), to pub-lish 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 Endan-gered 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).

June 23, 2016 The Environmental Notice

Glossary of Terms and definiTions

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