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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 Hawaii 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 agencys adverse effect finding (ACHP, 2006). Additional information pursuant to Section 800.11(e) of the ACHPs 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 Registers 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 Hawaii 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 Hawaii 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 HAWAII 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 Hawaii 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 Haleakal National Park Service, Superintendent Reeser Donald 9 Hawaii 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 Hawaii, Department of Accounting and General Services Public Works, Information and Communications Services Division

    Hlivak Robert

    23 State of Hawaii, Department of Accounting and General Services Public Works, Maui Branch Engineer

    Victor David

    24 State of Hawaii, Department of Business, Economic Development and Tourism, Office of Planning, Land Use Division

    Mitsuda Abe

    25 State of Hawaii, Department of Transportation, Maui Director

    Ginoza Kyle

    26 State of Hawaii, Department of Transportation, Director Haraga Rodney 27 State of Hawaii, Dept. of Hawaiian Homelands

    Land Management Division (Non-Homestead)

    28 State of Hawaii, Dept. of Land and Natural Resources, Island Burial Council

    Maxwell, Sr. Kahu Charles

    29 State of Hawaii, Dept. of Land and Natural Resources, Office of Conservation and Coastal Lands

    Lemmo Samuel

    30 State of Hawaii, Dept. of Land and Natural Resources, Division of Forestry and Wildlife, Maui Wildlife Manager

    Ueoka Meyer

    31 State of Hawaii, Dept. of Land and Natural Resources, Division of Forestry and Wildlife, Wildlife Biologist

    Duvall, II Dr. Fern

    33 State of Hawaii, Dept. of Land and Natural Resources, Land Division, Land Agent-Maui

    Ornellas Daniel

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

    Nohara Torrie

    36 State of Hawaii, Dept. of Land and Natural Resources, Division of Forestry and Wildlife, Branch Manager

    Cumming John

    38 State of Hawaii, Office of Hawaiian Affairs, Chair Apoliona Haunani

    39 State of Hawaii, 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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    Tab