February 23, 2021 - Office of Environmental Quality Control
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February 23, 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
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.
The rural town of Pāhoa in the Big Island's Puna District will be getting a new public library! Photo from the Pāhoa Public Library Site Selection Draft EA
235 South Beretania Street, Suite 702 • Honolulu, Hawaiʻi 96813 • (808) 586-4185 • oeqchawaii@doh.hawaii.gov • http://health.hawaii.gov/oeqc
February 23, 2021 The Environmental Notice
Table of Contents
Announcements 2
Statewide Map of New HRS Chapter 343 Documents & Determinations 2
Hawaiʻi
West Hawaiʻi Regional FMA Commercial Aquarium Permits--Revised Draft EIS 3
North Kona DLNR Administration Building and Base Yard--Draft EA (AFNSI) 3
Pāhoa Public Library Site Selection--Draft EA (AFNSI) 4
Maui
West Maui Recycled Water System--Draft EA (AFNSI) 4
Oʻahu
Verizon Wireless Lanikai Communications Facility--Draft EA (AFNSI) 5
Pearlridge Bus Transit Center--Final EA (FONSI) 5
McKinley High School Athletic Complex Master Plan Amendment--Final EA (FONSI) 6
Previously Published Documents Open for Comment 6
Coastal Zone Management Notices
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
The Environmental Council (established pursuant to HRS Chapter 341, which also established the Office of Environmental Quality
Contol) is pleased to share their 2020 Annual Report. This year’s Annual Report focuses on the key issue of our time - COVID
-19, and how the pandemic has impacted Hawaiʻi’s environment. Enjoy the read!
Statewide Map of New HRS Chapter 343 Documents & Determinations
Lanikai Communication Facility
Pearlridge Bus Transit Center
West Maui Recycled Water System
McKinley High School
Pāhoa Public Library Sites
DLNR Administration
Building and Base Yard
LEGEND
New document count in this issue: 7 total West Hawaiʻi Regional
- HRS § 343-5(b) Agency Actions: 5 Fisheries Management Area
- HRS § 343-5(e) Applicant Actions: 2
2
February 23, 2021 The Environmental Notice
Hawaiʻi
West Hawaiʻi Regional FMA Commercial Aquarium Permits--Revised Draft EIS Grandfathered under old rules
HRS §343-5(a) (1) Propose the use of state or county lands or the use of state or county funds
Trigger (2) Propose any use within any land classified as a conservation district
Districts/TMKSs multiple / N/A
Permit(s) Commercial Aquarium Fishing Permits issued pursuant to HRS §188-31,
Commercial Marine License issued pursuant to HRS 189-2,3,
West Hawai’i Aquarium Permit issued pursuant to HAR 13-60.4
Approving Department of Land and Natural Resources, State of Hawaiʻi
Agency David Sakoda, (808) 587-0104, david.sakoda@hawaii.gov
1151 Punchbowl Street, Room 330, Honolulu, HI 96813
Applicant Pet Industry Joint Advisory Council (PIJAC); 1615 Duke St., #100 Alexandria, VA 22314
Jim Lynch, (425) 463-8396, lynchjm.wa@gmail.com
Consultant Stantec Consulting Services Inc.; 2300 Swan Lake Blvd., Suite 202, Independence, IA 50644
Terry VanDeWalle, (319) 334-3755, terry.vandewalle@stantec.com
Status Statutory 45-day public review and comment period starts. Comments are due by April 9, 2021. Please click on title
link above to read the document, then send comments to the approving agency and copy the applicant and the con-
sultant.
The purpose of the Applicant’s action is to ensure that commercial aquarium fish collection allows for the lawful, responsible,
and sustainable commercial collection of 8 aquarium fish species from nearshore habitats of the West Hawai’i Regional Fishery
Management Area (WHRFMA), where collection is currently limited to 40 “White List” species of fish. The objective of the
proposed action is for the Department of Land and Natural Resources (DLNR) to issue 7 Aquarium Permits and 7 corresponding
Commercial Marine Licenses for the WHRFMA, revise the White List from 40 to 8 species, and implement individual catch quotas
for the 8 species remaining on the proposed Revised White List.
The need for the Applicant’s action is to allow for commercial aquarium collection in compliance with all applicable laws, rules,
and regulations pertaining to the industry.
DLNR North Kona Administration Building and Base Yard--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) North Kona
TMK(s) (3) 7‐3‐010: 061 (por.)
Permit(s) Numerous (see document)
Proposing/ Department of Land and Natural Resources, State of Hawaiʻi
Determining Brandon Kim, (808) 587-0248, brandon.j.kim@hawaii.gov
Agency P.O. Box 621, Honolulu, HI 96809
Consultant The Limtiaco Consulting Group; 1622 Kanakanui Street, Honolulu, HI 96817
Claire Oshiro, (808) 596-7790, claire@tlcghawaii.com
Status Statutory 30-day public review and comment period starts. Comments are due by March 25, 2021. Please click on title link
above to read the document, then send comments to the proposing/determining agency and copy the consultant.
The Department of Land and Natural Resources (DLNR) proposes to develop a new administration facility in North Kona that
will allow the department to consolidate services in West Hawaiʻi. The project is the development of a modern, energy efficient
facility that accommodates present and future operational needs. Site security with respect to theft and vandalism is a high
priority due to the enforcement functions and missions of DLNR’s divisions. The proposed facility will include three, separate,
but similar administration buildings that have the same structural system. There are storage areas, a conference room, a secured
base yard and two parking areas. DLNR’s divisions will share the new administration building and each division may have a base
yard.
The project may be developed in phases due to funding options and constraints. DLNR’s new facility will require the installation
of infrastructure during the earliest phase of development.
3
February 23, 2021 The Environmental Notice
Hawaiʻi (continued)
Pāhoa Public Library Site Selection--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) Puna
TMK(s) (3) 1-5-007:017 por; (3) 1-5-002:020 por; (3) 1-5-008:001 por
Permit(s) Numerous (see document)
Proposing/ Department of Accounting and General Services, State of Hawaiʻi
Determining Brian Isa, (808) 586-0484, brian.s.isa@hawaii.gov
Agency 1151 Punchbowl Street, Honolulu, HI 96813
Consultant G70; 111 S. King Street, Ste 170, Honolulu, HI 96813
Kawika McKeague, (808) 523-5866, kawikam@g70.design
Status Statutory 30-day public review and comment period starts. Comments are due by March 25, 2021. Please click on title link
above to read the document, then send comments to the proposing/determining agency at viv@g70.design
Two new libraries will be planned for Puna, the first being in Pāhoa and the next location being in Kea‘au, in order to adequate-
ly serve the growing needs of the Puna district. The Hawaiʻi State Public Library System also determined that Pāhoa should be
the priority for the first library location due to their current space constraints and the high amount of usage of the library’s
current location at Pāhoa High School. The proposed construction of the new Pāhoa Public Library will include 8,000 square
feet (SF) of enclosed, air-conditioned, interior space and 1,000 SF of indoor-outdoor entry lanai activity area.
Maui
West Maui Recycled Water System--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) Lahaina
TMK(s) Numerous (see document)
Permit(s) Numerous (see document)
Proposing/ Department of Environmental Management, County of Maui
Determining Albert Hahn, (808) 270-7421, albert.hahn@co.maui.hi.us
Agency 2200 Main Street, Suite 610, Wailuku, HI 96793
Consultant Fukunaga and Associates, Inc.; 1357 Kapiʻolani Blvd., Ste 1530, Honolulu, HI 96814
Amanda Tanaka, (808) 944-1821, atanaka@fukunagaengineers.com
Status Statutory 30-day public review and comment period starts. Comments are due by March 25, 2021. Please click on title link
above to read the document, then send comments to the proposing/determining agency and copy the consultant.
The County of Maui, Department of Environmental Management, Wastewater Reclamation Division operates the Lahaina WWRF
which produces R-1 recycled water, the highest grade of recycled water for non-potable use, and distributes this valuable water
resource through the West Maui Recycled Water System. The purpose of this project is to upgrade the West Maui Recycled
Water System. The proposed action includes renovating the existing Honokowai Reservoir to improve its function as elevated
recycled water storage, replacing an aging 20-inch recycled waterline (RW) with a new 24-inch RW, and constructing a new
reuse pump station and recycled water storage basin at the Lahaina WWRF. The improvements will provide a more reliable
recycled water supply to users and will facilitate connecting additional users to the system. Overall, the proposed improvements
will help to decrease demand on potable water resources and decrease the use of injection wells for effluent disposal.
4
February 23, 2021 The Environmental Notice
Oʻahu
Verizon Wireless Lanikai Communications Facility--Draft EA (AFNSI)
HRS §343- (2) Propose any use within any land classified as a conservation district
5(a) Trigger
District(s) Koʻolaupoko
TMK(s) (1) 4-3-005: 068 & 070
Permit(s) Numerous (see document)
Approving Department of Land and Natural Resources, State of Hawaiʻi
Agency Michael Cain, (808) 587-0048, michael.cain@hawaii.gov
OCCL, 1151 Punchbowl St., Room 131, Honolulu, HI 96813
Applicant Verizon Wireless c/o NTP, LLC; 1255 Nuʻuanu Ave. #1110, Honolulu, HI 96817
Grant Nakaya, (808) 990-0658, gnakaya.ntp@gmail.com
Consultant SWCA Environmental Consultants; 1200 Ala Moana Blvd. #380, Honolulu, HI 96814
Erin Dunable, (808) 353-8359, Erin.Dunable@swca.com
Status Statutory 30-day public review and comment period starts. Comments are due by March 25, 2021. Please click on title link
above to read the document, then send comments to the approving agency and copy the consultant.
Verizon Wireless proposes to build a new communications facility in Lanikai, Hawaiʻi, to provide expanded wireless service for
the community and beachgoers. The proposed project is anticipated to improve public safety and access to emergency services,
such as 911. The proposed location is a residential property that is currently being utilized by other cell providers for the same
proposed use. The site is located within a State of Hawaiʻi Conservation District and Special Management Area. The proposed
action includes the installation of two steel platforms located adjacent to each other on concrete pier footings, an approximate-
ly 6 × 12–foot faux rock enclosure that would contain antennas and ancillary equipment, and utility cables connecting the dif-
ferent project components.
This Draft Environmental Assessment evaluates the project’s potential impacts to the following: topography and soils,
air quality, hydrology and water resources, biological resources, archaeological and historic resources, cultural resources,
transportation and traffic, visual resources, noise, and human health and safety. Based on the analyses of potential impacts to
the above resources and a review of the significance criteria from HAR Section 11-200.1-13, the project is not expected to result
in adverse environmental impacts and a Finding of No Significant Impact is anticipated.
Pearlridge Bus Transit Center--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) 9-8-009: 005, 014, 015, and 016 and easement over (1) 9-8-009: 011 (por.)
Permit(s) Numerous (see document)
Proposing/ Department of Transportation Services, City and County of Honolulu
Determining Roger Morton, (808) 768-8303, pearlridgetransit@g70.design
Agency 650 South King Street, Third Floor, Honolulu, HI 96813
Consultant G70; 111 S. King Street, Suite 170, Honolulu, HI 96813
Jeff Overton, (808) 523-5866, pearlridgetransit@g70.design
Status Finding of No Significant Impact (FONSI) determination
The City and County of Honolulu Department of Transportation Services proposes to construct and operate the Pearlridge Bus
Transit Center in ‘Aiea on the island of O‘ahu. The project will support the Honolulu Authority for Rapid Transportation Kalauao
Pearlridge Station, which is currently under construction. The Project involves construction of a bus transit center on approxi-
mately 3.7 acres of predeveloped and underutilized urban lands in the Primary Urban Center. Proposed construction activities
include construction of bus lanes throughout the center, six bus bays with bus shelters, four electric bus charging bays, raised
central island with comfort station and Operator’s Lounge, and two designated TheHandi-Van areas. The new bus transit center
will also include sidewalks and crosswalks, bicycle parking, a shared-use pedestrian and bicycle path, and landscaping. The
purpose of the Pearlridge Bus Transit Center is to facilitate accessibility and multimodal transportation.
5
February 23, 2021 The Environmental Notice
Oʻahu (continued)
McKinley High School Athletic Complex Master Plan Amendment--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) 2-3-009:001 (por.)
Permit(s) Numerous (see document)
Proposing/ Department of Education, State of Hawai‘i
Determining Mitch Tamayori, (808) 784-5116, mitch.tamayori@k12.hi.us
Agency 3633 Waiʻalae Ave. Rm. B-201, Honolulu, HI 96816
Consultant G70; 111 S. King Street, Ste 170, Honolulu, HI 96813
Kawika McKeague, (808) 523-5866, kawikam@g70.design
Status Finding of No Significant Impact (FONSI) determination
The McKinley High School (MHS) Athletic Complex Master Plan Amendment Project site is approximately 1.56 acres, located
on the southwestern portion of the MHS campus. The improvements to the existing MHS athletic complex involve the following:
Construction:
• Two-story Physical Education (P.E.) & Athletic Building (15,900 SF);
• North and south stadium bleachers (3,444 seats);
• Four to eight light poles at the track and football/soccer field;
• Plaza with gathering areas;
• Gravel parking area with space for 41 unmarked parking stalls; and
• Perimeter fence.
Demolition:
• Existing maintenance/custodian cottage (complete demolition of approx. 1,700 SF); and
• Existing Boy’s P.E. locker room (partial demolition of approx. 1,900 SF).
Previously Published Documents Open for Comment
Status: Public review and comment period for these projects began previously. Comments are due March 10, 2021. Please send
comments to the relevant agency and copy any relevant applicant and/or consultant.
Oʻahu
Waiawa Correctional Facility permits--Draft EA (AFNSI)
Waikele Elementary School New Classroom Building--Draft EA (AFNSI)
Million Air - Kalaeloa Airport FBO and Fuel Farm Facility--Draft EA (AFNSI)
Moore Residence - New and Existing Detached Two Family Dwellings--Draft EA (AFNSI)
Coastal Zone Management Notices
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, Hanalei (5-5-008:041) After-the-Fact Construction for a Domestic Water Well Sanctuary Farms, LLC/ Judy Kwon
and Ground Mounted Solar Array. (SMA(M)-2021-8)
Maui: Lahaina (4-6-033: 024) Remodel of Unit (SM2 20200038) Cary Branch
Maui: Kīhei (3-9-004: 028) Renovation and Improvements (SM2 20200061) Petersen, Kenneth/Steinberg, Katherine
Maui: Kīhei (2-1-021: 066) Prefabricated Sauna and Soaking Tub (SM2 20210005) CSGDC LLC
Maui: Kīhei (2-1-008: 099) Installation of Automated Gate (SM2 20210006) Makena Builders
Maui: Wailea (2-1-008: 123) Excavate 14,000 Square Feet Area (SM2 20210007) Barry Helle
6
February 23, 2021 The Environmental Notice
Shoreline Notices
Applications for Shoreline Certification
The shoreline certification applications below are available for review at the Department of Land and Natural Resources offices
on Kauaʻi, Hawaiʻi, Maui, and Honolulu, 1151 Punchbowl Street, Room 220 (HRS § 205A-42 and HAR § 13-222-12). All comments
shall be submitted in writing to the State Land Surveyor, 1151 Punchbowl Street, Room 210, Honolulu, HI 96813 and postmarked
no later than 15 calendar days from the date of this public notice of the application. For more information, call Ian Hirokawa at
(808) 587-0420.
File No. Location TMK Applicant Owner
OA-1932 59-297 Kenui Rd., Oʻahu 96712 (1) 5-9-020: 057 Jaime F. Alimboyoguen Justin Prouty
OA-1933 91-173 ʻEwa Beach Rd., Oʻahu 96706 (1) 9-1-023: 010 Ailana Surveying & Geomatics Suzie Mai-French
OA-1934 91-189 ʻEwa Beach Rd., Oʻahu 96706 (1) 9-1-023: 013 Ailana Surveying & Geomatics Neil Rollins
OA-1935 61-715 Papailoa Rd., Oʻahu 96712 (1) 6-1-004: 070 Walter P. Thompson, Inc. Waialua Oceanview LLC
OA-1936 68-545 Crozier Dr., Oʻahu 96791 (1) 6-8-004: 015 Walter P. Thompson, Inc. Kenneth A. Martyn Tr./Kendra
D. Martyn Tr.
MA-752 483 Hana Highway, Maui 96779 (2) 2-6-009: 006 0001 Action Survey LLC Kelly Rosenthal
Proposed Shoreline Certifications and Rejections
The shoreline notices below have been proposed for certification or rejection by the Department of Land and Natural Resourc-
es (HRS § 205A-42 and HAR § 13-222-26). Any person or agency who wants to appeal shall file a notice of appeal in writing with
DLNR no later than 20 calendar days from the date of this public notice. Send the appeal to the Board of Land and Natural
Resources, 1151 Punchbowl Street, Room 220, Honolulu, Hawai‘i 96813.
File No. Status Location TMK Applicant Owner
OA-1922 Proposed 1240 Mokulua Drive, Oʻahu 96734 (1) 4-3-005: 094 R.M. Towill Corporation Elizabeth Rice Grossman
OA-1926 Proposed 144 Kaʻapuni Drive, Oʻahu (1) 4-3-013: 039 Ailana Surveying & Geomatics SL Development, LLC
HA-592 Proposed 14-3543 Govt. Beach Road, Hawaiʻi (3) 1-4-028: 008 Daniel Berg, dlb & associates, Christopher J. & Wendi L.
LLC Roehrig
Federal Notices
As a courtesy, listed below are some relevant entries from the Federal Register published since the last issue of The Environ-
mental Notice. For more information, click on the title link, also available at www.federalregister.gov.
Notice: Western Pacific Fishery Management Council; Public Meetings (published by the National Oceanic and
Atmospheric Administration [NOAA] on 02/17/2021)
The Western Pacific Fishery Management Council (Council) will hold a meeting of the Pacific Pelagic Fishery Ecosystem Plan
(FEP) Plan Team (PT) to discuss fishery management issues and develop recommendations to the Council for future management
of pelagic fisheries in the Western Pacific region. The Pelagic PT will be held on March 3-4, 2021. For specific times and agendas,
clink on the title link to this entry. The meeting will be held by web conference. Audio and visual portions of the web conference
can be accessed at: https://wprfmc.webex.com/wprfmc/onstage/g.php?MTID=e53c7bdfe796d5380156b9f81841ef272. Event
number (if prompted): 177 544 7443. Event password (if prompted): PePT2021. Web conference access information will also
be posted on the Council's website at www.wpcouncil.org. For assistance with the web conference connection, contact the
Council office at (808) 522-8220.
Notice: Permanent Advisory Committee To Advise the U.S. Commissioners to the Western and Central Pacific
Fisheries Commission; Meeting Announcement (published by NOAA on 02/08/2021)
NMFS announces a public meeting of the Permanent Advisory Committee (PAC) to advise the U.S. Commissioners to the Com-
mission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean on
March 18, 2021. The meeting of the PAC will be held via web conference on March 18, 2021, from 11 a.m. to 1 p.m. Hawaii
Standard Time (or until business is concluded). Members of the public may submit written comments on meeting topics or
materials; comments must be received by March 13, 2021. Click on the title link for information on meeting topics and how to
engage in the conference.
7
February 23, 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).
8
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