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Draft Environmental Impact Statement – Advanced Technology Solar Telescope (ATST)

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5.0 NOTIFICATION, PUBLIC INVOLVEMENT, AND CONSULTED PARTIES Pursuant to the NEPA and upon recommendation by the State of Hawai‘i Dept. of Health, OEQC, agencies, individuals, and organizations were notified, contacted, or consulted during the course of planning for the Proposed Action or in the course of preparing studies or submitting applications for various approvals. Details of public and agency disclosure and involvement regarding the Proposed Action consisting of pre-assessment notification letters, agency and media announcements, documentation distribution lists, and public scoping meetings are detailed in the following subsections. The public was given the opportunity to comment during required disclosure periods. Responses to issues and concerns were addressed by the ATST point-of-contact. Additional public disclosure and involvement throughout the EIS and permitting process would be approached using similar methods. In accordance with HAR §11-200-15, substantive comments in Appendix K-Public Comments and Responses received written responses. For those comments that could not be accepted, the responses included explanations of the reasons why they could not be accepted in the DEIS, along with the factors of overriding importance that warranted non-acceptance. All comments were carefully evaluated during the preparation of this Draft EIS and, where feasible, they were incorporated into the analysis of the affected environment, analysis of potential impacts that could result from the Proposed Action, and mitigations to those potential impacts. Full consideration was given to the concerns, suggestions, information, and documentation provided by the commenting individuals, groups, and agencies. 5.1 FEDERAL AND STATE NOTIFICATION 5.1.1 Federal Notification Advisory Council on Historic Properties The ACHP was sent a formal notification letter in June 2005 announcing the intent of the NSF to prepare an EIS for the Proposed Action. This pre-assessment letter included a project description with the intent to publish an EIS, detailed information about the three Public Scoping Meetings, and ATST project management contact information. On July 6, 2006, a letter was sent to the ACHP informing the ACHP of the finding of adverse effect regarding the proposed undertaking. The letter also included a list of organizations and individuals the NSF has been in consultation with throughout the Section 106 process, a copy of CKM Cultural Resources’ evaluation for the proposed project, and a copy of a letter that was sent to Melissa Kirkendall, Maui archaeologist, SHPD, requesting concurrence of the agency’s adverse effect finding (ACHP, 2006). Additional information pursuant to Section 800.11(e) of the ACHP’s regulations will be submitted to the Council for their review and determination of whether their participation in this matter is warranted.


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Federal Register The Federal Register is a legal newspaper published every business day by the National Archives and Records Administration (NARA). The Federal Register contains: Federal Agency Regulations, Proposed Rules and Notices, EOs, Proclamations, and Other Presidential Documents. The Proposed Action comes under the Federal Register’s organizational category of “Notices, including scheduled hearings and meetings open to the public, grant applications, and administrative orders.” Figure 5-1 is the Notice of Intent (NOI) for the Proposed Action that was published in the Federal Register on Thursday, June 23, 2005 in Vol. 70, No. 120/Notices. Detailed information regarding three public scoping meetings that were held on Maui in July 2005 was also included in the NOI for the Proposed Action.

Figure 5-1. Federal Register Notice of Intent.


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5.1.2 State of Hawai‘i Notification Office of Environmental Quality Control The OEQC was established in 1970 to help stimulate, expand and coordinate efforts to maintain the optimum quality of the State's environment. The OEQC implements the Environmental Impact Statement law, Chapter 343, HRS. If the lead agency decides that a project may have a significant environmental impact, it must prepare an EIS prior to implementing the project. Figure 5-2 is the Announcement for the Proposed Action that was published in the June 23, 2005 issue of the OEQC Bulletin. Detailed information regarding three public scoping meetings that were held on Maui in July 2005 was also included in the announcement for the Proposed Action.

Figure 5-2. Office of Environmental Quality Control Environmental Announcement.


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5.2 PRE-ASSESSMENT NOTIFICATION Formal notification letters were sent in June 2005 to State of Hawai‘i elected officials, organizations, federal and state agencies, and community individuals (Table 5-1) announcing the intent of the NSF to prepare an EIS for the Proposed Action. Each pre-assessment letter included a project description with the intent to publish an EIS, detailed information about the three Public Scoping Meetings, and ATST project management contact information.

Table 5-1. Pre-Assessment Notification Distribution List, June 2005.

STATE OF HAWAI‘I ELECTED OFFICIALS 1 Congressman Ed Case 8 Senator Chris Halford

2 Congressman Neil Abercrombie 9 Senator J. Kalani English

3 Council Member Charmaine Tavares 10 Senator Kyle Yamashita

4 Council Member Mike Molina 11 Senator Mele Carroll

5 Council Member Robert Carroll 12 Senator Rosalyn Baker

6 Honorable Governor Linda Lingle 13 U. S. Senator Daniel Akaka

7 Mayor Alan Arakawa 14 U. S. Senator Daniel Inouye

AGENCIES Affiliation Last Name First Name

1 Advisory Council on Historic Preservation, Council on Environmental Quality

2 Air Force Maui Optical Supercomputing Site Richert Lt. Col. Brent 3 Boeing LTS, L&EOS Hawai‘i Director Zelenka Richard 4 County of Maui, Dept. of Parks and Recreation, Director Correa Glenn 5 County of Maui, Dept. of Planning, Director Foley Mike 6 County of Maui, Police Dept. -Telecommunications Pacheco Walt 7 Federal Aviation Administration,

Realty Contracting Officer Young Darice

8 Haleakalā National Park Service, Superintendent Reeser Donald 9 Hawai‘i Telecom, Area Manager Tanabe Winslow

10 Maui County Chief of Police Phillips Thomas 11 Maui County Cultural Resources Commission Sablas Lorraine 12 Maui Economic and Development Board,

Program Director High Tech Maui Liu Tom

13 Maui Electric Company, Inc. Yamasaki Craig

14 National Weather Service/NOAA, Communications Manager

Suekawa Carl

15 Raycom Media, Inc., Director of Engineering Aotaki Keith

16 Raycom Media, Inc., General Manager Fink John

17 Sandia Laboratories, Site Manager Vigil Orlando

18 State Historic Preservation Division, Asst. Maui Archaeologist

Dagher Cathleen


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Table 5-1. Pre-Assessment Notification Distribution List, June2005 (cont.).

AGENCIES

Affiliation Last Name First Name 19 State Historic Preservation Division, Administrator Chinen Melanie

20 State Historic Preservation Division, Maui Archaeologist

Kirkendall Melissa

21 State of Hawai‘i, Department of Accounting and General Services Public Works, Information and Communications Services Division

Hlivak Robert

23 State of Hawai‘i, Department of Accounting and General Services Public Works, Maui Branch Engineer

Victor David

24 State of Hawai‘i, Department of Business, Economic Development and Tourism, Office of Planning, Land Use Division

Mitsuda Abe

25 State of Hawai‘i, Department of Transportation, Maui Director

Ginoza Kyle

26 State of Hawai‘i, Department of Transportation, Director Haraga Rodney 27 State of Hawai‘i, Dept. of Hawaiian Homelands

Land Management Division (Non-Homestead)

28 State of Hawai‘i, Dept. of Land and Natural Resources, Island Burial Council

Maxwell, Sr. Kahu Charles

29 State of Hawai‘i, Dept. of Land and Natural Resources, Office of Conservation and Coastal Lands

Lemmo Samuel

30 State of Hawai‘i, Dept. of Land and Natural Resources, Division of Forestry and Wildlife, Maui Wildlife Manager

Ueoka Meyer

31 State of Hawai‘i, Dept. of Land and Natural Resources, Division of Forestry and Wildlife, Wildlife Biologist

Duvall, II Dr. Fern

33 State of Hawai‘i, Dept. of Land and Natural Resources, Land Division, Land Agent-Maui

Ornellas Daniel

35 State of Hawai‘i, Dept. of Land and Natural Resources, Maui Na Ala Hele Advisory Council, Trails and Access Specialist

Nohara Torrie

36 State of Hawai‘i, Dept. of Land and Natural Resources, Division of Forestry and Wildlife, Branch Manager

Cumming John

38 State of Hawai‘i, Office of Hawaiian Affairs, Chair Apoliona Haunani

39 State of Hawai‘i, Office of Hawaiian Affairs, Community Resource Coordinator

Shimaoka Thelma

40 U. S. Department of Energy Yoshinaka Eileen

41 U. S. Department of Interior, Fish and Wildlife Service, Acting Field Supervisor

Newman Jeff

42 U. S. Environmental Protection Agency Pacific Islands Contact Office, Region 9

Higuchi Dean


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Table 5-1. Pre-Assessment Notification Distribution List, June2005 (cont.).

COMMUNITY MEMBERS Affiliation Last Name First Name

1 Hui Ala Nui O Makena Hall Dana 2 Kaho‘olawe Island Reserve Commission Kahoohalahala Sol 3 Kipahulu Community Association Lind Tweetie 4 Kula Community Association Mayer Dick 5 Maui Outdoor Circle, President McCord Warren 6 Na Kupuna O Maui Nishiyama Kupuna Patty 7 Ritz Carlton Kapalua, Cultural Specialist Naeole Clifford 8 Royal Order of Kamehameha I, Ku‘auhau Nui Garcia Ali‘i Sir William 9 Sierra Club, Maui Holter Lance

10 The Nature Conservancy, Natural Resources Manager Chimera Melissa

11 Amadeo Kupuna Diana

12 Dutro David

13 Hall Issac

14 Han Elizabeth

15 Holt-Padilla Hokulani

16 Kuloloio Leslie

17 Lind John

18 Uwekoolani Edward 5.3 ENVIRONMENTAL IMPACT STATEMENT PREPARATION NOTICE During consultation with the OEQC, it was determined that an EISPN was required to address requirements under HRS Chapter 200, Title 11, in that the Proposed Action may potentially meet one or more of the significance criteria for impact on Conservation District Land. The EISPN was also prepared in accordance with HAR 13-5-31, which requires an EIS to accompany the required CDUA, where significant impacts may be anticipated. The EISPN was published and distributed in August 2005 to the OEQC, a recommended number of elected officials, agencies and organizations, libraries, and other interested individuals. Additional copies of the EISPN were distributed during the following months as agencies or individuals requested a copy. Agencies, groups or individuals were allocated the required 30 days from the initial publication of the EISPN to submit written requests to become a consulted party or written comments regarding the issues and concerns of environmental effects of the Proposed Action. Responses to comments were addressed by the ATST point-of-contact. Table 5-2 is the distribution list for the EISPN. Appendix K-Public Comments and Responses contains the written commentary received from the 30-day public response period as well as the responses that were addressed by the designated ATST point-of-contact.


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Table 5-2. EISPN Distribution List.

STATE OF HAWAI‘I ELECTED OFFICIALS 1 Congressman Ed Case 8 Senator Chris Halford

2 Congressman Neil Abercrombie 9 Senator J. Kalani English

3 Council Member Charmaine Tavares 10 Senator Kyle Yamashita

4 Council Member Mike Molina 11 Senator Mele Carroll

5 Council Member Robert Carroll 12 Senator Rosalyn Baker

6 Honorable Governor Linda Lingle 13 U. S. Senator Daniel Akaka

7 Mayor Alan Arakawa 14 U. S. Senator Daniel Inouye

AGENCIES

Affiliation Last Name First Name 1 CKM Cultural Resources Maxwell Kahu Charles 2 County of Maui, Department of Parks and Recreation 3 County of Maui, Department of Planning 4 Friends of Haleakalā Stokesberry Mele 5 Geometrician Associates, LLC Terry Ron 6 Haleakalā National Park Natividad Bailey Cathleen 7 Hawai‘i State Library - Hana Public and School 8 Hawai‘i State Library – Hawai‘i Document Center 9 Hawai‘i State Library - Kahului

10 Hawai‘i State Library – Kihei 11 Hawai‘i State Library – Lahaina 12 Hawai‘i State Library – Makawao 13 Hawai‘i State Library – Wailuku 14 Kula Community Association Mossman Karolyn 15 Maui Economic and Development Board,

Program Director High Tech Maui Liu Tom

16 Maui Economic Development Board, President Skog Jeanne 17 Pacific Analytics Brenner Greg 18 Starr Environmental Starr Forest & Kim 19 State Historic Preservation Division, Administrator Chinen Melanie 20 State Historic Preservation Division, Archaeologist Kirkendall Melissa 21 State of Hawai‘i, Department of Accounting and General

Services, Public Works and Environmental Management, Maui Branch Engineer

Victor David

22 State of Hawai‘i, Department of Business, Economic Development and Tourism, Energy, Resources and Technology Division, Director

Liu Ted


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Table 5-2. EISPN Distribution List (cont.).

AGENCIES Affiliation Last Name First Name

23 State of Hawai‘i, Department of Business, Economic Development and Tourism, Office of Planning, Land Use Division

Mistuda Abe

24 State of Hawai‘i, Department of Environmental Health, Planning Office, Director of Health

Fukino, M.D. Chiyome

25 State of Hawai‘i, Department of Health, Office of Environmental Quality Control, Director

Salmonson Genevieve

26 State of Hawai‘i, Department of Health, District Health Officer

Pang, M.D. Lorrin

27 State of Hawai‘i, Department of Land and Natural Resources, Office of Conservation and Coastal Lands

Lemmo Samuel

28 State of Hawai‘i, Department of Land and Natural Resources, Division of Forestry and Wildlife, Branch Manager

Cumming John

29 State of Hawai‘i, Office of Hawaiian Affairs, Chair Apolonia Haunani

30 State of Hawai‘i, Office of Hawaiian Affairs, Community Resource Coordinator

Shimaoka Thelma

31 U. S. Department of Interior, Fish and Wildlife Service, Acting Field Supervisor

Newman Jeff

32 U. S. Department of Interior, Fish and Wildlife Service, Fish and Wildlife Biologist

Freifeld Holly

33 University of Hawai‘i Environmental Center 34 Xamanek Researches, LLC Fredericksen Erik

COMMUNITY MEMBERS 1 Evanson, Mary 5 Medeiros, Art 9 Shibuya, Warren 2 Hall, Issac 6 Miner, James 10 Smith, Bill 3 Helm, Mikahala 7 Orszula, Edmund 4 Mayer, Dick 8 Raymond, Ki‘ope


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5.4 PUBLIC NOTIFICATION A Public Notice was published in the Maui Weekly in the June 30 to July 6, 2005 issue (Fig. 5-3) and in the Maui News on July 7, 2005 (Fig. 5-4). Each publication was identical and included a project description with the intent to publish an EIS, detailed information about the three Public Scoping Meetings, and ATST project management contact information.

Figure 5-3. Media Notification: Maui Weekly, June 30 to July 6, 2005 Issue.


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Figure 5-4. Media Notification: Maui News, July 7, 2005. 5.5 PUBLIC INVOLVEMENT Pre-assessment Public Scoping Meetings Three pre-assessment Public Scoping Meetings were held on Maui, Hawai‘i, as follows: 1. J. Walter Cameron Center, Wailuku, HI, July 12, 2005.

2. Kula Community Center, Kula, HI, July 13, 2005.

3. Mayor Hannibal Tavares Community Center, Pukalani, HI, July 14, 2005. Each meeting was facilitated by Mediation Services of Maui, was recorded by a Transcriptionist from Iwado Court Reporters, and a Hawaiian language interpreter was available for individuals wishing to speak in Hawaiian. The attending public was invited to sign-in, view and collect information made available about the Proposed Action, listen to presentations given by members of the NSF, the NSO, the NOAO, the UH IfA, and the environmental consultants. The public


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was given the opportunity to ask questions, comment about issues and concerns, and given 30 days to submit written commentary or a written request to be included as a consulting party to the Proposed Action. Although particular comment periods were determined by the OEQC or Federal guidelines, all written comments were accepted for inclusion into the DEIS and Administrative Record. Appendix K-Public Comments and Responses contains all written commentary received from members of the community, elected officials, agencies, and organizations, as well as the responses that were addressed by the designated ATST point-of-contact. Additional Meetings Listed below are additional meetings that occurred either upon request from the community or at the request of ATST project members. Informal community meetings that were requested by the community were accommodated and those in attendance were given the opportunity to ask questions and comment on the Proposed Action. All information presented during these additional meetings was identical to the July 2005 Public Scoping meetings. 1. Mayor Hannibal Tavares Community Center, Pukalani, HI, July 12, 2005. Informal

meeting requested by Friends of Haleakalā Board of Directors: Mary Evanson, Mele Stokesberry, Martha Martin, Matt Wordeman, and Advisory Board member Don Reeser, then Superintendent of HNP.

2. MCC Library, Kahului, HI, January 26, 2006. Informal meeting requested by community members: Don Reeser, Mary Evanson, Ki‘ope Raymond, Art Medeiros, James Miner, Mikahala Helm, Dick Mayer, and Kalei Kaeo.

3. Haiku Community Center, Haiku, HI, March 27, 2006. Informal community meeting requested at the January 26, 2006 meeting. Public notification was advertised in the Maui News and the Haleakalā Times (Figs. 5-5 and 5-6).

4. Informal HO site visit/meeting held March 17, 2006, requested by community members: Reuben Dela Cruz, Mary Evanson, Jeremy Gray, Mikahala Helm, Dick Mayer, Ki‘ope Raymond.

5. Formal meeting held on March 27, 2006, at MEDB with Jeanne Skog, Leslie Wilkins, Pam Benson, and Sandy Ryan.

6. Formal meeting held on March 27, 2006, with Chancellor Clyde Sakamoto of Maui Community College.


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Figure 5-5. Maui News Public Notice, March 23, 2006.

Figure 5-6. Haleakalā Times Community Calendar, March 15 to 28, 2006 Issue.

5.6 36 CFR PART 800, PROTECTION OF HISTORIC PROPERTIES As stated in 36 CFR Part 800, “Section 106 of the National Historic Preservation Act requires Federal agencies to take into account the effects of their undertakings on historic properties and afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment on such undertakings. The procedures in this part define how Federal agencies meet these statutory responsibilities. The Section 106 process seeks to accommodate historic preservation concerns with the needs of Federal undertakings through consultation among the agency official and other parties with an interest in the effects of the undertaking on historic properties, planning. The goal of consultation is to identify historic properties potentially affected by the undertaking, assess its effects and seek ways to avoid, minimize or mitigate any adverse effects on historic properties.” As stated in Section Subpart A, Section 800.2 (2) (ii) “Consultation on historic properties of significance to Indian tribes and Native Hawaiian organizations. Section 101(d)(6)(B) of the act


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requires the agency official to consult with any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to historic properties that may be affected by an undertaking. This requirement applies regardless of the location of the historic property. Such Indian tribe or Native Hawaiian organization shall be a consulting party.” In compliance with Section 106, NSF invited participation in this process to organizations and individuals who may attach religious and cultural significance to a historic property that may be affected by a proposed undertaking. Meetings for the Section 106 process were held as follows: 1. Informal consultation, January 24, 2006, at UH IfA. Members of the Native Hawaiian

community in attendance were: Kahu Charles K. Maxwell, Sr. and Dane Maxwell of CKM Cultural Resources, LLC and Hokulani Holt-Padilla, Cultural Programs Director of the Maui Arts and Cultural Center.

2. Formal consultation with Retired Judge Boyd Mossman, Maui Trustee of OHA, March 28, 2006.

3. Formal public consultation meeting, March 28, 2006, Mayor Hannibal Tavares Community Center.

4. Formal public consultation meeting, May 1, 2006, Paukūkalo Community Center.

5. Formal public notification of DEIS and resolution proposals status, date to be provided in Final EIS.

The federal Office of Hawaiian Relations, part of the U. S. Department of the Interior (2006), is in the process of developing a list of Native Hawaiian organizations to contact to satisfy legal mandates for notification of actions under the NHPA and the Native American Graves Protection and Repatriation Act (U.S. Dept. of Interior, 2006). However, since no such list existed at the time of the formal consultation meetings, assistance was requested from OHA and the Native Hawaiian community during each consultation meeting to identify relevant organizations to contact. 5.6.1 Section 106 Consultation ACHP Invitation to Participate On July 6, 2006, pursuant to 36 CFR § 800.6(a)(1)(iii), a letter was sent to the ACHP notifying them of the finding of adverse effect regarding the proposed undertaking. Additional information pursuant to Section 800.11(e) of the ACHP’s regulations will be submitted to the Council for their review and determination of whether their participation in this matter is warranted. Public Invitation to Participate A letter from NSF dated February 15, 2006, and a copy of CKM Cultural Resources’ evaluation, Cultural Resource Evaluation and Traditional Practices Report, January 2006, was sent to agencies and members of the community who submitted written requests to be a consulted party to the Proposed Action (Table 5-3). The letter briefly summarized the Proposed Action as it relates to the Section 106 process, a status of consultation meetings with Melissa Kirkendall of SHPD and archaeologist Erik Fredericksen of Xamanek Researches, LLC, the January 24, 2006


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informal consultation with CKM Cultural Resources and Hokulani Holt-Padilla, and an invitation to participate in a formal Section 106 consultation meeting that was being planned for March 28, 2006. A link to Section 106 information was posted to the ATST website and was also included in the invitation letter (http://atst.nso.edu/library/EIS.shtml). A copy of the cultural evaluation was sent to all Maui Public Libraries, the Hawai‘i State Library, and the UH Environmental Center.

Table 5-3. Section 106, Invitation to Participate Distribution List, February 15, 2006.

Affiliation Last

Name First Name

1 Dept. of Land and Natural Resources, Island Burial Council 2 Friends of Polipoli, President Jenkins Brian 3 Hana Public and School Library, Head Librarian 4 Hawai‘i State Library, Hawai‘i Document Center 5 Kahului Public Library, Head Librarian 6 Kihei Public Library, Head Librarian 7 Lahaina Public Library, Head Librarian 8 Makawao Public Library, Head Librarian 9 Hana Public and School Library, Head Librarian 10 Hawai‘i State Library, Hawai‘i Document Center 11 Kula Community Association Mossman Karolyn 12 Maui Arts and Cultural Center, Cultural Programs Director Holt-Padilla Hokulani 13 Maui Community College and

Central Maui Hawaiian Civic Club Hokoana Lui

14 Maui Economic Development Board, President Skog Jeanne 15 Na Kupuna O Maui Nishiyama Patty 16 Office of Hawaiian Affairs, Administrator Nāmu‘o Clyde 17 Office of Hawaiian Affairs, Community Resource Coordinator Shimaoka Thelma 18 Royal Order of Kamehameha I Solomon Clarence 19 Royal Order of Kamehameha I Garcia, Jr. Ali‘i William 20 State Historic Preservation Division, Branch Chief Brown David 21 State Historic Preservation Division, Maui Archaeologist Kirkendall Melissa 22 Evanson Mary 23 Hall Isaac 24 Helm Mikahala 25 Kaeo Kalei 26 Maxwell, Sr. Charles 27 Mayer Dick 28 Medeiros Art 29 Miner James 30 Orzula Edmond 31 Raymond Ki‘ope 32 Reeser Don 33 Smith Bill


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Formal Consultation March 28, 2006 Consultation Meeting A letter from KCE on behalf of the NSF dated February 22, 2006, was sent to elected officials, agencies, organizations, and members of the community who submitted written requests to be a consulted party to the Proposed Action (Table 5-4) inviting participation in a formal Section 106 consultation. A copy of the letter and mailing distribution list was sent to SHPD and OHA. Identical public Notices were published in the Maui News on March 1 and 23, 2006 (Fig. 5-7), the Haleakalā Times in the March 15 to 28, 2006 issue and the Maui Weekly-South in the March 16 to 22, 2006 issue (Fig. 5-8). Formal consultation was held on March 28, 2006, at the Mayor Hannibal Tavares Community Center. At the meeting, the public was invited to participate in the Section 106 process, public testimony was heard, written testimony was accepted, and questions were answered. A stenographer from Iwado Court Reporters was employed to record the proceedings of the meeting for the administrative and public record.

Table 5-4. March 28, 2006 Formal Section 106 Meeting Notification Distribution List.

Affiliation Last Name First Name 1 Congressman Abercrombie Neil 2 Congressman Case Ed 3 Dept. of Land and Natural Resources, Island Burial Council 4 Friends of Polipoli, President Jenkins Brian 5 Kula Community Association Mossman Karolyn 6 Maui Community College and Hawaiian Civic Club Hokoana Lui 7 Maui Economic Development Board, President Skog Jeanne 8 Na Kupuna O Maui Nishiyama Patty 9 Office of Hawaiian Affairs Nāmu‘o Clyde

10 Office of Hawaiian Affairs, Community Resource Coordinator Shimaoka Thelma 11 Royal Order of Kamehameha I Solomon Clarence 12 Royal Order of Kamehameha I Garcia, Jr. Ali‘i William 13 Senator Akaka Daniel 14 Senator Inouye Daniel 15 State Historic Preservation Division, Branch Chief Brown David 16 Evanson Mary 17 Hall Isaac 18 Helm Mikahala 19 Holt-Padilla Hokulani 20 Kaeo Kalei 21 Maxwell, Sr. Charles 22 Mayer Dick 23 Medeiros Art 24 Miner James 25 Orzula Edmond 26 Raymond Ki‘ope 27 Reeser Don 28 Smith Bill


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Figure 5-7. Maui News Public Notice, March 1 and 23, 2006.

Figure 5-8. Haleakalā Times, March 15 to 28, 2006 Issue and Maui Weekly-South,

March 16 to 22, 2005 Issue. OHA-Recommended Consultation List Consultation was held on March 28, 2006, with Retired Judge Boyd Mossman, Maui Trustee of OHA. NSF was given a list of additional Native Hawaiian groups that Judge Mossman recommended be invited to participate in the Section 106 process. Invitation letters dated March 31, 2006 were distributed (Table 5-5) and included a brief summary of the Proposed Action as it relates to the Section 106 process, including: 1. A status of consultation meetings to date,

2. An invitation to participate in the Section 106 process,


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3. A web link to information posted to the ATST website,

4. A copy of the cultural evaluation; and,

5. NSF contact information.

Table 5-5. OHA-Recommended List of Those Invited to Participate.

Affiliation Last

Name First Name

1 A‘o A‘o O Na Loko I‘a O Maui Ople Sheila 2 Alu Like, Inc. Duey Rose Marie 3 Dept. of Hawaiian Homelands Medeiros Vanessa 4 Dept. of Hawaiian Homelands, Grants Review Advisory Committee Libed Clifford 5 Fishpond Ohana Ryan Patrick 6 Friends of Moku‘ula, Executive Director Akana Akoni 7 Hawaiian Community Assets, Inc. Wagele Jim 8 Hawaiian Homes Waiehu Kou 1 Ishizaka Kekealani 9 Hui Kako‘o ‘Aina Ho‘opulapula and Na Po‘e Kokua Feiteira Blossom

10 Hui No Ke Ola Pono Chang Mei-Ling 11 Hui of Hawaiians Filimoe'atu Kehaulani 12 Ka Imi Na‘auao ‘O Hawai‘i Nei Bailey Roselle 13 Kamehameha Schools Alumni Takahashi Dancine 14 Kamehameha Schools, Headmaster Chamberlain Dr. Rod 15 Keokea Hawaiian Homes Newhouse Robin 16 Lokahi Pacific Ridao Joann 17 Maui Community College – Ku‘ina Program 18 Maui Community College, Cooperative Education Program Coordinator Pelegrino Wallette 19 Na Leo Pulama Ishikawa Lei 20 Na Pua No‘eau Morando Ohua 21 Native Hawaiian Educational Council Keala David 22 Paukukalo Hawaiian Homestead Community Association Mariano Velma 23 Punana Leo O Maui Namauu Kili 24 Queen Lili‘uokalani Children’s Center Mountcastle Iris May 1, 2006 Consultation Meeting Notification postcards were sent to agencies, organizations, and members of the community announcing a second formal consultation meeting (Table 5-6). This meeting was held on May 1, 2006 at the Paukūkalo Community Center. A copy of the postcard announcement and mailing distribution list was sent to SHPD and OHA. Identical public notice advertisements were placed in the Maui News on April 21, 2006 (Fig. 5-9), the Haleakalā Times in the April 26 to May 9, 2006 issue, the Maui Weekly-South in the April 27 to May 3, 2006 issue (Fig. 5-10), and posted to the ATST web site. At the meeting, the public was invited to participate in the Section 106 process, public testimony was heard, written testimony was accepted, and questions were answered. During public testimony, specific concern was heard about which organizations and individuals were contacted, the IfAs LRDP, and the NSF’s role in educational outreach specifically for women and Native


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Hawaiian’s. Documentation addressing all of these concerns was posted to the ATST web site within the week following the meeting. A stenographer from Iwado Court Reporters was employed to record the proceedings of the meeting for the Administrative Record.

Table 5-6. May 1, 2006 Formal Section 106 Meeting Notification Distribution List.

Affiliation Last

Name First Name

1 Friends of Moku‘ula, Executive Director Akana Akoni 2 State Historic Preservation Division, Branch Chief Brown David 3 Alu Like, Inc. Duey Rose Marie 4 A‘o A‘o O Na Loko I‘a O Maui Ople Sheila 5 Dept. of Hawaiian Homelands Medeiros Vanessa 6 Dept. of Land and Natural Resources, Island Burial Council 7 Fishpond Ohana Ryan Patrick 8 Hawaiian Community Assets, Inc. Wagele Jim 9 Hawaiian Homes Waiehu Kou 1 Ishizaka Kekealani

10 Hui Kako‘o ‘Aina Ho‘opulapula and Na Po‘e Kokua Feiteira Blossom 11 Hui No Ke Ola Pono Chang Mei-Ling 12 Hui of Hawaiians Filimoe‘atu Kehaulani 13 Ka Imi Na‘auao ‘O Hawai‘i Nei Bailey Roselle 14 Kamehameha Schools Alumni Takahashi Dancine 15 Kamehameha Schools, Headmaster Chamberlain Rod 16 Keokea Hawaiian homes Newhouse Robin 17 Lokahi Pacific Ridao Joann 18 Maui Community College – Ku‘ina Program 19 Maui Community College and Hawaiian Civic Club Hokoana Lui 20 Maui Community College, Cooperative Education Program Coordinator Pelegrino Wallette 21 Na Kupuna O Maui Nishiyama Patty 22 Na Leo Pulama Ishikawa Lei 23 Na Pua No‘eau Morando Ohua 24 Native Hawaiian Educational Council Keala David 25 Office of Hawaiian Affairs, Administrator Namu'o Clyde 26 Office of Hawaiian Affairs, Community Resource Coordinator Shimaoka Thelma 27 Paukūkalo Hawaiian Homestead Community Association Mariano Velma 28 Punana Leo O Maui Nāmauu Kili 29 Queen Lili‘uokalani Children's Center Mountcastle Iris 30 Royal Order of Kamehameha I Solomon Clarence 31 Royal Order of Kamehameha I Garcia, Jr. CK Ali‘i William 32 State Historic Preservation Division, Maui Archaeologist Kirkendall Melissa 33 Barros Jake 34 Bustamente Keahi 35 Helm Mikahala 36 Holt-Padilla Hokulani 37 Kaeo Kalei 38 Kahoohanohano George 39 Kaohu Kathy 40 Lindsey Ed 41 Maxwell Charles 42 Raymond Ki‘ope


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Figure 5-9. Maui News Public Notice,

April 21, 2006.

Figure 5-10. Haleakalā Times, April 26 – May 9, 2006 Issue

and Maui Weekly-South, April 27 – May 3, 2006 Issue.

June 5, 2006 Section 106 and DEIS Notification On behalf of the NSF, KCE sent information postcards (Fig. 5-11) to agencies, organizations, and members of the community (Table 5-7). The information announced the anticipated publication of the DEIS and the subsequent public meetings to comment on the DEIS. It also announced that scheduled meetings with interested individuals and groups who submit resolution proposals for the Section 106 process would be held during the week of the DEIS public meetings. A copy of the postcard and mailing distribution list was sent to SHPD and OHA. The information on the postcard was also published in the Maui News on April 21, 2006, the Haleakalā Times in the April 26 to May 9, 2006 issue, the Maui Weekly-South in the April 27 to May 3, 2006 issue, and posted to the ATST web site.


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Figure 5-11. Information Postcard, June 5, 2006.

Table 5-7. June 5, 2006, DEIS and Resolution Proposals Status Update Distribution List.

Affiliation Last

Name First Name

1 A‘o A‘o O Na Loko I‘a O Maui Ople Sheila 2 Alu Like, Inc. Duey Rose Marie 3 Dept. of Hawaiian Homelands Medeiros Vanessa 4 Dept. of Land and Natural Resources, Island Burial Council 5 Fishpond Ohana Ryan Patrick 6 Friends of Moku‘ula, Executive Director Akana Akoni 7 Hawaiian Community Assets, Inc. Wagele Jim 8 Hawaiian Homes Waiehu Kou 1 Ishizaka Kekealani 9 Hui Kako‘o ‘Aina Ho‘opulapula and Na Po‘e Kokua Feiteira Blossom

10 Hui No Ke Ola Pono Chang Mei-Ling 11 Hui of Hawaiians Filimoe‘atu Kehaulani 12 Ka Imi Na‘auao ‘O Hawai‘i Nei Bailey Roselle 13 Kamehameha Schools Chamberlain Rod 14 Kamehameha Schools Alumni Takahashi Dancine 15 Keokea Hawaiian Homes Newhouse Robin 16 Lokahi Pacific Ridao Joann 17 Maui Community College Hokoana Lui 18 Maui Community College – Ku‘ina Program 19 Maui Community College, Cooperative Education Program Coordinator Pelegrino Wallette 20 Na Kupuna O Maui Nishiyama Patty 21 Na Leo Pulama Ishikawa Lei

The National Science Foundation (NSF) is continuing to accept resolution proposals pursuant to the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA) for the proposed Advanced Technology Solar Telescope (ATST) Project.

You are encouraged to submit resolution proposals to KC Environmental Inc., PO Box 1208, Makawao, HI 96768

that would assist NSF in directing appropriate consideration toNative Hawaiian cultural and historic interests in connection with this project.

It is anticipated that a Draft Environmental Impact Statement (DEIS) will be published this summer, after which time, NSF and the University of Hawai‘i will hold public meetings to receive comments on the DEIS.

During NSF’s trip to Maui, scheduled meetings will also be held with interested individuals and groups who submit resolution proposals for the Section 106 process. All resolution proposals will be fully considered. The deadline for submitting Section 106 resolution proposals will be announced with public notification of the DEIS release and in the ATST historic properties web site: http://atst.nso.edu/library/EIS.shtml.

June 5, 2006


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Table 5-7. June 5, 2006, DEIS and Resolution Proposals Status Update Distribution List (cont.)

Affiliation Last

Name First Name

22 Na Pua No‘eau Morando Ohua 23 Native Hawaiian Educational Council Keala David 24 Office of Hawaiian Affairs, Administrator Nāmu‘o Clyde 25 Office of Hawaiian Affairs, Community Resource Coordinator Shimaoka Thelma 26 Paukūkalo Hawaiian Homestead Community Association Mariano Velma 27 Punana Leo O Maui Namauu Kili 28 Queen Lilioukalani Children's Center Mountcastle Iris 29 Royal Order of Kamehameha I Solomon Clarence 30 Royal Order of Kamehameha I Garcia, Jr. Ali‘i William 31 State Historic Preservation Division, Branch Chief Brown David 32 State Historic Preservation Division, Maui Archaeologist Kirkendall Melissa 33 Awana Nadine, Chanelle 34 Bailey Timmy 35 Barros Jake 36 Burns (e-mail) Suzanne 37 Bustamente Keahi 38 Dias Pohai 39 Dizon Toni 40 Eldredge Carl 41 Garcia Don 42 Helm Mikahala, Rusty 43 Hoffman Mark 44 Holt-Padilla Hokulani 45 Kaeo Kalei 46 Kahoohanohano George 47 Kamai David 48 Kanamu Walter 49 Kaohu Kathy 50 Kekahuna Ashley 51 Kong Leinoa 52 Kuailani Kapena 53 Lehuanani Princess 54 Lindsey Ed, Puanani 55 Maxwell Charles 56 McLean Luke 57 Medeiros Bill 58 Park Pua‘ ōlena 59 Raymond Ki‘ope 60 Roback Billy 61 Shito Georgina 62 Souza Keoki 63 Tassill Kalani 64 Tomoso John


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5.6.2 Section 106 Public Comments and Responses to the Proposed Action Members of the Native Hawaiian community were encouraged to provide written comments on the Proposed Action and the Cultural Resources and Traditional Practices Final Report (Appendix F). Written commentary received by the community and the responses that were addressed by the designated ATST point-of-contact are found in Appendix K: Public Comments and Responses. 5.6.3 Section 106 Minimization and Mitigation Proposals in Consideration for a Memorandum of Agreement Mitigation for resolving adverse effects is described in Section 4.17.2-Historic and Cultural Resources. Minimization and mitigation proposals from all interested groups and individuals will be incorporated into the Final EIS. Figures 5-12 and 5-13 are mitigation proposals that have been submitted as of publication of this EIS.


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Figure 5-12. Proposal Submitted by Kahu Charles Kauluwehi Maxwell, Sr.


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Figure 5-13. Proposal Submitted by Warren Shibuya, Page 1.


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