August 8, 2021 - Office of Environmental Quality Control
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OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT
August 8, 2021
The Environmental Notice provides public notice for projects undergoing environmental review in Hawaiʻi as
David Y. Ige, Governor mandated under Section 343-3, Hawaiʻi Revised Statutes, the Environmental Impact Statement Law. Along
Mary Alice Evans, Director 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.
Repairs are planned to the bank of ʻĪao Stream, also known as Wailuku River, to withstand the stream velocity of major storm events Photo from the Draft EA for the project
235 South Beretania Street, Suite 702 • Honolulu, Hawaiʻi 96813 • (808) 586-4185 • oeqchawaii@doh.hawaii.gov • http://health.hawaii.gov/oeqc
August 8, 2021 The Environmental Notice
Table of Contents
Announcements 2
Statewide Map of New HRS Chapter 343 Documents & Determinations 2
Hawaiʻi
Hale Ola O Mohouli Affordable Housing--Draft EA (AFNSI) 3
Maui
‘Īao Stream Levee 27 Repair--Draft EA (AFNSI) 3
Oʻahu
Ala Wai Elementary School Covered Play Court--Final EA (FONSI) 4
Chapter 25, Revised Ordinances of Honolulu 4
Previously Published Documents Open for Comment 5
Lists of Exemption Notices 5
Exemption Declaration 5
Prior Determination 5
Coastal Zone Management Notices
Federal Consistency Reviews 6
Special Management Area (SMA) Minor Permits 6
Shoreline Notices
Applications for Shoreline Certification 7
Proposed Shoreline Certifications and Rejections 7
Federal Notices 7
Glossary of Terms and Definitions 8
Announcements
As the Environmental Review Program continues its integration into the Office of Planning and Sustainable Development, we
are still providing the same functions and will maintain current practices and procedures regarding the environmental review
process. Our physical location and office phone number will remain unchanged. As the transition continues, changes to our
office info will be announced in separate emails and in future issues of The Environmental Notice. Mahalo for your patience.
Statewide Map of New HRS Chapter 343 Documents & Determinations
ʻĪao Stream (Wailuku River)
Ala Wai Elementary School
Hale Ola O Mohouli
Affordable Housing
LEGEND
New document count in this issue: 3 total
- HRS § 343-5(b) Agency Actions: 2
- HRS § 343-5(e) Applicant Actions: 1
2
August 8, 2021 The Environmental Notice
Hawaiʻi
Hale Ola O Mohouli Affordable Housing--Draft EA (AFNSI)
HRS §343- (1) Propose the use of state or county lands or the use of state or county funds
5(a) Trigger
District(s) South Hilo
TMK(s) (3) 2-4-001:168
Permit(s) State Land Use District Boundary Amendment (from Agricultural to Urban) by
Windward Planning Commission and Hawaiʻi County Council; 201H Exemption of
County Zone (Windward Planning Commission and Hawai‘i County Council);
National Pollutant Discharge Elimination System Permit (State DOH); Grading,
Grubbing and Driveway Permits (County DPW); Building Permits and Plan Approval
(County DPW and Planning)
Approving County of Hawai‘i, Planning Department
Agency Tracie-Lee Camero, (808) 895-2541, Tracie-Lee.Camero@hawaiicounty.gov
101 Pauahi Street, Suite 3, Hilo, HI 96720
Applicant Hawaii Island Community Development Corporation; 100 Pauahi Street, Suite 20, Hilo, HI 96720
Consultant Geometrician Associates LLC; 10 Hina Street, Hilo HI 96720
Ron Terry, (808) 987-5239, rterry@hawaii.rr.com
Status Statutory 30-day public review and comment period starts. Comments are due by September 7, 2021. Please click on title
link above to read the document, then send comments to the approving agency and copy the applicant and the consultant.
HICDC, a non-profit dedicated to developing affordable housing, proposes to construct up to 90 units of affordable housing on
a 9.091-acre government property in Hilo. Land use designations will be changed to State Land Use Urban and County zoning
of multi-family residential. The site’s vegetation is lightly disturbed native ‘ōhi‘a forest on the 1881 lava flow. Surveys have
determined that no historic properties, cultural sites or uses, or threatened or endangered plant species are present on the
property. Mitigation includes landscaping, construction of a fence adjacent to residential properties, timing of vegetation
clearing to avoid impacts to listed vertebrate species, and NPDES and grading permits with BMPs. Traffic impacts will be minor
and within the capacity of the existing intersection.
Maui
‘Īao Stream Levee 27 Repair--Draft EA (AFNSI)
HRS §343- (1) Propose the use of state or county lands or the use of state or county funds
5(a) Trigger
District(s) Wailuku
TMK(s) (2) 3-4-032:001, 3-4-030:888 Parcel C, 3-4-020:075, and Imi Kala & Eha St (no TMK)
Permit(s) Numerous (see document)
Proposing/ County of Maui, Department of Public Works
Determining Kristi Ono, (808) 270-7745, Kristi.Ono@co.maui.hi.us
Agency 200 South High Street, Room 410, Wailuku, HI 96793
Consultant R. M. Towill Corporation; 2024 North King Street, Suite 200, Honolulu, HI 96819
Brian Takeda, (808) 842-1133, BrianT@rmtowill.com
Status Statutory 30-day public review and comment period starts. Comments are due by September 7, 2021. Please send comments
to the proposing/determining agency and copy the consultant.
The County of Maui, Department of Public Works, proposes to repair an approximately 240 feet long section of the Wailuku
River (formerly ‘Īao Stream) stream bank. The project will repair the right stream bank (looking downstream) located downstream
of Imi Kala Street bridge and upstream of the ‘Īao Steam Levee 27. This action will prevent further erosion of the bank, protect
the downstream levee, and provide reduced flood risk in Wailuku. The project includes removal of the existing concrete boulder
fill slope and grading the slope; excavation to deepen the protection along the toe of the slope to be below the scour depth;
and construction of a new revetment system consisting of a reinforced soil slope, grouted riprap face slope, under-drain pipes,
and dumped riprap at the toe of the slope to protect against scour. The size and depth of the boulders for the grouted and
dumped riprap will be designed to withstand the stream velocity during the 100-year recurrence interval storm event.
3
August 8, 2021 The Environmental Notice
Oʻahu
Ala Wai Elementary School Covered Play Court--Final EA (FONSI)
HRS §343- (1) Propose the use of state or county lands or the use of state or county funds
5(a) Trigger
District(s) Honolulu
TMK(s) (1) 2-7-036: 007
Permit(s) Variance from Pollution Control, NPDES General Permit, DCAB Review, Historic Site
Review (Chapter 6E HRS), Building Permit, Grading Permt, Certificate of Occupancy,
Height Waiver, Diamond Head Special District, Fire Protection, Corss Connection
Control and Backflow Prevention
Proposing/ State of Hawaiʻi, Department of Education
Determining Mitch Tamayori, (808) 784-5116, Mitch.Tamayori@k12.hi.us
Agency 3633 Waiʻalae Avenue, Room B-201, Honolulu, HI 96816
Consultant Gerald Park Urban Planner; 95-595 Kanameʻe Street #324, Mililani, HI 96789-1431
Gerald Park, (808) 625-9626, gpark@gpup.biz
Status Finding of No Significant Impact (FONSI) determination
The proposed action will provide a permanent structure where students can engage in outdoor play during inclement weather.
Secondarily the structure will serve as a covered, multi-purpose facility for school activities and functions.
A rectangular-shaped single-story facility of approximately 8,816 square feet is proposed. One regulation basketball court, two
cross basketball courts, one regulation volleyball court and two cross volleyball courts will be provided. The volleyball courts
also could be used for tennis.
Underlying soil conditions will require the structure to be supported in part by micropiles placed around the perimeter. The
height of the structure is approximately 32 feet. A height waiver will be required to exceed the allowable height for the P-2
zoning district and the Diamond Head Special District.
Construction costs are estimated at $3.8 million and will be funded by the State of Hawai‘i. The project will be built in one phase
estimated at 8 to 12 months.
Chapter 25, Revised Ordinances of Honolulu
Use of the Special Management Area (SMA) is not a trigger under Chapter 343, but developments in Oʻahu's SMA are required
to go through an environmental review process that mirrors the procedural requirements of HRS Chapter 343, pursuant to
Revised Ordinances of Honolulu, Chapter 25. Developments being reviewed under Chapter 25 but not Chapter 343 appear here.
4585 Kahala Avenue--Draft EA (AFNSI)
District(s) Honolulu
TMK(s) (1) 3-5-004: 001
Permit(s) Special Management Area Use Permit, Grading, Grubbing, and Building Permits
Approving City and County of Honolulu, Department of Planning and Permitting
Agency Alex Beatty - Land Use Permits Division, (808) 768-8032, abeatty@honolulu.gov
650 South King Street, 7th Floor, Honolulu, HI 96813
Applicant Wealth Sky LLC
c/o Shae Grimm, D.Arch, LEED AP, (808) 628-6626, shaeg@lai-hawaii.com
4346 Puʻu Panani Place, Honolulu, HI 96816
Consultant Long and Associates, AIA, Inc.; 1100 Alakea Street, 3rd Floor Atrium, Honolulu, HI 96813
Shae Grimm, D.Arch, LEED AP, (808) 628-6626, shaeg@lai-hawaii.com
Status 30-day public review and comment period starts. Comments are due by September 7, 2021. Please send comments to the
approving agency and copy the applicant and the consultant.
The proposed action involves the development of four additional dwellings (two new two-family dwellings) on a site that is
already developed with two dwelling units within one two-family dwelling structure, a pool, and an existing nonconforming
seawall. The four new homes are proposed on the mauka side of the site, well outside of the shoreline setback area. No new
work is proposed in the shoreline setback area, or on the nonconforming seawall.
4
August 8, 2021 The Environmental Notice
Previously Published Documents Open for Comment
Status: Public review and comment period for these projects began previously. Please click on the links below to access, and
send comments to the relevant agency and copy any relevant applicant and/or consultant.
Comments Due August 9, 2021
Hawaiʻi
Kaiaulu O Kapiʻolani Housing Development--Draft EA (AFNSI)
Maui
Honokowai Master Plan, Department of Hawaiian Home Lands--Draft EA (AFNSI)
Wailuku River Bank Stabilization--Draft EA (AFNSI)
Comments Due August 23, 2021
Hawaiʻi
Holcomb Single-Family Residence at Honomū--Draft EA (AFNSI)
Oʻahu
Wahiawā Civic Center, Court Facility and State Office Complex--Draft EIS and Scoping Meeting Audio/Video files
Irrigation System Improvements in Central Oʻahu--Republished Draft EA (AFNSI)
4439 Kahala Avenue Single Family Residence--Draft EA (AFNSI) Chapter 25, ROH
Kauaʻi
Kauaʻi Police Department Kapaʻa Substation--Draft EA (AFNSI)
Comments Due September 1, 2021
Oʻahu
Army Training Land Retention on State Lands on Oʻahu (EIS Preparation Notice)
Lists of Exemption Notices
Pursuant to HAR § 11-200.1-17, State and county agencies that have determined specific actions to be exempt from the require-
ment to prepare an EA are required to submit a listing of such exemptions made during the previous month. Following are Lists
of Exemption Notices submitted by various agencies for July 2021; contact the identified agency contact on each list for addi-
tional information about any specific exemption:
State of Hawaiʻi City and County of Honolulu
Department of Accounting and General Services Department of Design and Construction
Department of Land and Natural Resources Department of Environmental Services
Department of Transportation Department of Planning and Permitting
Department of Transportation Services
County of Maui
Planning Department County of Hawaiʻi
Department of Water Supply Department of Public Works
Exemption Declaration
The Department of Hawaiian Home Lands has declared the following action exempt from the requirement to prepare an EA
pursuant to HAR § 11-200.1-16:
Arce Single Family Residence Demolition and Construction in Hoʻolehua
The proposed action is the demolition of a single family home (and associated utilities as required) and construction of a new
single family home (and associated utilities as required) at the same location on TMK (2) 5-2-015:039.
Prior Determination
The State of Hawaiʻi Department of Education has determined that the installation of a roundabout at the intersection of Piʻilani
Highway and Kulanihakoi Street has been adequately reviewed under the 2012 Kīhei High School Final Environmental Impact
Statement (FEIS). The installation of a signalized intersection was analyzed as a component of that FEIS. The proposed round-
about is comparable to the signalized intersection analyzed in the 2021 FEIS and would not result in changes in size, scope,
intensity, use, location, or timing. 5
August 8, 2021 The Environmental Notice
Coastal Zone Management Notices
Federal Consistency Reviews
The following federal actions are being reviewed for consistency with the enforceable policies of the Hawaiʻi Coastal Zone
Management (CZM) Program, including the CZM objectives and policies in Hawaiʻi Revised Statutes, Chapter 205A. Federal
consistency, pursuant to Section 307 of the Coastal Zone Management Act of 1972 (CZMA), as amended, generally requires that
federal actions, within and outside of the coastal zone, which have reasonably foreseeable effects on any coastal use (land or
water) or natural resource of the coastal zone be consistent with the enforceable policies of a state’s federally approved coastal
management program. Federal actions include federal agency activities, federal license or permit activities, and federal financial
assistance activities. This public notice is being provided in accordance with § 306(d)(14) of the CZMA, and federal regulations
at 15 CFR § 930.2, § 930.42, and § 930.61. General information about federal consistency is available at the Hawaiʻi CZM Program
web site, or call (808) 587-2878.
ʻĪao Stream Flood Control Project Repairs, Addition of Public Flood Warning System, Wailuku, Maui
Proposed Action: The proposed action within the ʻĪao Stream Flood Control Project (FCP) by the U.S. Army Corps of En-
gineers is to install a pre-formed scour hole, i.e., engineered stabilization of the scoured invert consisting of a boulder-concrete
sloped toe with buried key and backfilled with natural material consistent with the existing channel bottom. The objective of
the proposed installation of a pre-formed scour hole is to address localized erosion occurring at the transition between the
lined stream channel and the unlined stream channel upstream of the Market Street Bridge. This installation would repair
existing erosion and prevent future, imminent erosion, thereby reducing downstream erosion and risk to community safety.
Also included in the proposed action is the installation of a public flood warning system, which will involve installing a stream
gage or other climate gage as part of a public flood warning system at either ʻĪao Valley Road Bridge or at the existing USGS
gage between the ʻĪao Stream FCP debris basin and the Market Street Bridge. All activities of the proposed action will occur
within the lateral limits of the existing Iao Stream FCP that is owned and operated by the County of Maui.
Location: ʻĪao Stream Flood Control Project, upstream of Market Street Bridge, Wailuku, Maui
TMK(s): (2) 3-4-30:888
Federal Action: Federal Agency Activity
Federal Agency: U.S. Army Corps of Engineers
CZM Contact: John Nakagawa, (808) 587-2878, john.d.nakagawa@hawaii.gov
Comments Due: August 23, 2021
For specific information or questions about an action listed above, contact the identified CZM staff person. The CZM Program is
required to adhere to federal review deadlines, therefore, comments must be received by the date specified. Comments may be
submitted by mail or electronic mail, to the addresses below.
Mail: Office of Planning Email: john.d.nakagawa@hawaii.gov
Department of Business, Economic Development and Tourism
P.O. Box 2359, Honolulu, HI 96804
Special 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/Agent
Kaua‘i: Princeville (5-4-004: 032) New Ground Mount Photovoltaic (PV) System (SMA(M)-2021- Michael Gearon, Helios Hanalei, LLC/
20) Laurel Loo, Esq.
Maui: Lahaina (4-6-002: 007) T-Mobile HI02104A Lahaina Shores (SM2 20210056) T-Mobile West, LLC
Maui: Lahaina (4-5-002: 009) Outlets of Maui B-1 Shoreline Setback Variance Improvements Sharon Wright
(SM2 20210057)
O‘ahu: Kailua (4-2-016: Portion of Kawainui Levee Access Improvements (2021/SMA-28) Division of Forestry and Wildlife,
015) DLNR/HHF Planners
6August 8, 2021 The Environmental Notice
Shoreline Notices
Applications for Shoreline Certification
The shoreline certification applications below are available for review and comment 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). Maps and photos of each application file can be viewed here. All comments shall be submitted in writing to the State Land
Surveyor, 1151 Punchbowl Street, Room 210, Honolulu, HI 96813 and postmarked no later than 15 calendar days from the date
of this public notice of the application. For more information, call Ian Hirokawa at (808) 587-0420.
File No. Location TMK Applicant Owner
OA-1955 68-229 Crozier Loop, Oʻahu 96791 (1) 6-8-005: 032 por. Leaps & Boundaries, Inc. Crozier Ohana, LLC
OA-1956 5589 Kalanianaʻole Highway, Oʻahu 96821 (1) 3-7-001: 032 Wesley T. Tengan M&M Family Trust
OA-1957 68-231 Au Street, Oʻahu 96791 (1) 6-8-012: 048 Kenn Nishihira Edwin K. Horio
OA-1958 12 Kailua Road, Oʻahu 96734 (1) 4-3-012: 001 Walter P. Thompson, Inc. Madvas Partners
MA-760 545 Linekona Place, Maui 96793 (2) 3-4-028: 077 Action Survey LLC Andrew James Haupt
KA-460 Hanamaulu, Līhuʻe, Kauaʻi (4) 3-5-001: 102, 5, 8, 9, 92, 109, Esaki Surveying and County of Kauaʻi,
111, 158, 159, 160 Mapping, Inc. State of Hawaiʻi
Proposed Shoreline Certifications and Rejections
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.
File No. Status Location TMK Applicant Owner
OA-1923 Proposed 55-137 Kamehameha Highway, Oʻahu (1) 5-5-001: 014 Gil P. Bumanglag DTE LLC
96762 CPR 003 & 004
OA-1928 Proposed 55-133 Kamehameha Highway, Oʻahu (1) 5-5-001: 014 Gil P. Bumanglag 55-133 LLC
96762 CPR 001 & 005
OA-1946 Proposed 91-221 ʻEwa Beach Road, Oʻahu 96706 (1) 9-1-023: 107 Gerald Y.K. Goo Ed McOrmond
OA-1954 Proposed 68-545 Crozier Drive, Oʻahu 96791 (1) 6-8-004: 015 Walter P. Kenneth A. Martyn Tr./Kendra D.
Thompson, Inc. Martyn Tr.
MA-748 Withdrawal 49 Hana Highway, Maui 96779 (2) 2-6-002: 011 Michael Baskin Paia Bay Properties, LLC
MA-749 Withdrawal 65 Hana Highway, Maui 96762 (2) 2-6-002: 010 Michael Baskin Paia Bay Properties, LLC (lessee)
Federal Notices
As a courtesy, listed below are some relevant entries from the Federal Register published since the last issue of The Environmen-
tal Notice. For more information, click on the title link, also available at www.federalregister.gov.
Notice: Enhancing Protections for Hawaiian Spinner Dolphins To Prevent Disturbance: Final Environmental Impact
Statement (published 7/30/2021)
To access this document, click on the title link above, then scroll to the bottom of the page to download the EIS document.
Comments are due by 8/30/2021.
Notice: 2020 Marine Mammal Stock Assessment Reports (published by the National Oceanic and Atmospheric
Administration on 07/23/2021)
As required by the Marine Mammal Protection Act, the National Marine Fisheries Service has considered public comments for
revisions of the 2020 marine mammal stock assessment reports (SAR). This notice announces the availability of 80 final 2020
SARs that were updated and finalized. Electronic copies of SARs are available on the internet as regional compilations and
separated by individual species/stocks.
7August 8, 2021 The Environmental Notice
Glossary of Terms and Definitions
Agency Actions Act 312-2012, Secondary Actions in the National Environmental Policy Act
Projects or programs proposed by any department, office, Highway or Public Right Of Way The National Environmental Policy Act (NEPA) requires
board, or commission of the state or county government Act 312-2012, amended HRS 343, by adding a new section federal projects to prepare a Federal EA or EIS. In many
which is part of the executive branch of that government (HRS 343-5.5., entitled “Exception to applicability of ways it is similar to Hawaiʻi’s law. Some projects require
per HRS 343-2. chapter”). HEPA allows for a statutory exception for both a State and Federal EIS and the public comment
“secondary actions” (those that involve infrastructure in procedure should be coordinated. Upon request by a
Applicant Actions federal agency, OEQC publishes NEPA notices in this
the highway or public right-of-way) provided that the
Projects or programs proposed by any person who, pur- bulletin to help keep the public informed of important
permit or approval of the related “primary action” (those
suant to statute, ordinance, or rule, requests approval federal actions.
outside of the highway or public-right-of-way and on
for a proposed action per HRS 343-2.
private property) is not subject to discretionary consent Conservation District
Draft Environmental Assessment and further provided that the applicant for the primary Proposed uses of land in the State Conservation District
When an Agency or Applicant proposes an action that action submits documentation from the appropriate require a Conservation District Use Application (CDUA).
triggers HRS 343, an Environmental Assessment shall be agency confirming that no further discretional approvals These applications are reviewed and approved by the
prepared at the earliest practicable time to determine are required. An aid to understanding this is to visualize Board of Land and Natural Resources. Members of the
whether the action's environmental impact will be sig- residential driveway improvements in the public right- public may intervene in the permit process. This bulletin
nificant, and thus whether an environmental impact of-way, versus, retail outlet driveway improvements in will include EAs & EISs for actions proposed within the
statement shall be required per HRS 343-5(b), for Agency the public right-of-way. Conservation District.
actions and HRS 343-5(e), for Applicant actions. For
actions for which the proposing or approving agency Draft Environmental Impact Statement Special Management Area and Shoreline
After receiving the comments on the EISPN, the Agency
anticipates a Finding of No Significant Impact (AFNSI), a Setback Area
or Applicant must prepare a Draft Environmental Impact
Draft EA (DEA) shall be made available for public review The Special Management Area (SMA) is along the coast-
Statement (DEIS). The content requirements of the DEIS
and comment for 30 days and public notice is published line of all islands and development in this area is gener-
shall contain an explanation of the environmental con-
in this periodic bulletin. ally regulated by HRS 205A, and county ordinance. A
sequences of the proposed action including the direct,
portion of the SMA that is addressed by HRS 343 is the
Final Environmental Assessment and Find- indirect and cumulative impacts and their mitigation
measures. The public has 45 days from the first publica- Shoreline Area, which includes land between the
ing of No Significant Impact State-certified shoreline and the county-determined
The action's proponent shall respond in writing to com- tion date in this bulletin to comment on a DEIS. The DEIS
must respond to comments received during the EISPN shoreline setback line. This bulletin will include EAs &
ments on a DEA received during the 30-day review period EISs for actions proposed within the Shoreline Setback
and prepare a Final EA (FEA) that includes those respons- comment period in a point-by-point manner.
Area.
es to determine whether an environmental impact state- Final Environmental Impact Statement
ment shall be required. If there are no significant impacts, After considering all public comments filed during the Shoreline Certifications
then the Agency will issue a Finding of No Significant DEIS stage, the Agency or Applicant must prepare a Final State law requires that Hawaiʻi shorelines be surveyed
Impact (FONSI). An Environmental Impact Statement EIS (FEIS). The FEIS must respond in a point-by-point and certified when necessary to clearly establish the
(EIS) will not be required and the project has cleared HRS manner to all comments from the draft and must be shoreline setback from the certified shoreline. The public
343 requirements. The public has 30 days from the notice included in the FEIS. For Applicant projects, the Approv- may participate in the process to help assure accurate
of a FONSI in this bulletin to ask the Environmental Court ing Agency is the Accepting Authority and must make a regulatory boundaries. Private land owners often petition
to require the preparation of an EIS. determination within 30 days or the FEIS is deemed ac- to have their shoreline certified by the State surveyor
cepted as a matter of law. For an Agency project, the prior to construction. This bulletin publishes notice from
Final Environmental Assessment and Envi- the Department of Land and Natural Resources of shore-
Governor or the Mayor (or their designated representa-
ronmental Impact Statement Preparation tive) is the Accepting Authority, and unlike applicant line certification applicants and final certifications or
Notice actions, there is no time limit on the accepting authority rejections.
An EIS shall be required if the Agency finds that the reviewing the FEIS. Only after the FEIS is accepted may
proposed action may have a significant effect on the
Environmental Council
the project be implemented. The Environmental Council is a 15-member citizen board
environment. The Agency shall file notice of such deter-
Acceptability appointed by the Governor. They serve as a liaison
mination with OEQC, called an EIS Preparation Notice
The Accepting Authority must be satisified that the FEIS between the Director of OEQC and the general public
(EISPN) along with the supporting Final EA. After the
meets three criteria (process, content, response to com- concerning ecology and environmental quality. The
notice of the FEA-EISPN is published in this bulletin, the
ments) to accept it. If the FEIS is accepted, notice is Council makes the rules that govern the Environmental
public has 30 days to request to become a consulted
published in this bulletin. The public has 60 days from Impact Statement process (HRS 343). Agendas of their
party and to make written comments. The public (includ-
publication to challenge the acceptance of a FEIS. For regular meetings are posted on the Internet and the
ing the Applicant) has 60 days from the notice of the
Applicant actions, non-acceptance by the Approving public is invited to attend. The Council recently complet-
EISPN in this bulletin to ask a court to not require the
Agency is cause for the Applicant to administratively ed the repeal of Hawaiʻi Administrative Rules (HAR)
preparation of an EIS.
appeal to the Environmental Council. For Agency actions, Chapter 11-200 and adoption of HAR Chapter 11-200.1.
Act 172-2012, Direct-to-EIS, Environmental there is no such administrative appeal. In both instances, Agency Exemption Lists
Impact Statement Preparation Notice the Applicant or the proposing Agency can prepare a Government agencies may keep a list describing the
(with no EA) revised DEIS after a non-acceptance determination. minor activities they regularly perform that are exempt
Act 172 in 2012 amended HRS 343 by providing for an from the environmental review process. These lists and
agency to bypass the preparation of an environmental any amendments shall be submitted to the Council for
assessment for various actions that in the experience of review and concurrence (HAR 11-200.1-16). This bulletin
the agency would clearly require the preparation of an will publish an agency’s draft exemption list for public
EIS. The agency must submit its determination that an comment prior to Council decision making, as well as
EIS is required for an action (Act 172-2012, EISPN) with notice of the Council’s decision on the list.
a completed OEQC publication form detailing the specif-
ics of the action. This starts a 30-day scoping period in Endangered Species
which the agency or applicant must hold a public scoping This bulletin is required by HRS 343-3(c), to publish notice
meeting for the preparation of the Draft EIS. Written of public comment periods or public hearings for Habitat
comments and responses on the EISPN must be incor- Conservation Plans (HCP), Safe Harbor Agreements (SHA),
porated into the subsequent Draft EIS and oral comments or Incidental Take Licenses (ITL) under the federal En-
from the public scoping meeting must be recorded and dangered Species Act, as well as availability for public
Maui sunset Photo by Thomas Hawk inspection of a proposed HCP or SHA, or a proposed ITL
submitted to the OEQC with the Draft EIS.
(as a part of an HCP or SHA).
8You can also read
