The Environmental Notice provides public notice for projects undergoing environmental review in Hawaiʻi as 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

March 23 2020

In these uncertain times lets all strive to keep the spirit of Aloha present in our lives Photo credit Tiffany

235 South Beretania Street Suite 702 bull Honolulu Hawaiʻi 96813 bull (808) 586-4185 bull oeqchawaiidohhawaiigov bull httphealthhawaiigovoeqc

David Y Ige Governor

March 23 2020 The Environmental Notice

2

Table of Contents

LEGEND New document count in this issue 4 total - HRS sect 343-5(b) Agency Actions 1 - HRS sect 343-5(e) Applicant Actions 3

Statewide Map of New HRS Chapter 343 Documents amp Determinations

Hapa Road Easement

AnnouncementsAs some of our readers may know OEQC has been operating at about 50 staff for quite awhile During this time of major disruption due to the COVID-19 pandemic please understand that OEQC will do everything in its power to remain open to continue publishing The Environmental Notice to maintain the online database of HRS Chapter 343-related documents and to respond to inquiries from stakeholders in the environmental review process Your cooperation and appreciation of the chal-lenges are appreciated We wish the best of health and good fortune to all of you during these tumultuous times

Announcements 2Statewide Map of New HRS Chapter 343 Documents amp Determinations 2HawaiʻiHilo Medical Center Oncology Center Addition And Rural amp

Telehealth Center Unit--Final EA (FONSI) 3Perry Single-Family Residence at Pīhā--Final EA (FONSI) 3Oʻahu567 Portlock Rd Replacement Footbridge--Final EA (FONSI) 4KauaʻiAukahi Farm Hapa Road Easement--Final EA (FONSI) 4Chapter 25 Revised Ordinances of HonoluluKahe Battery Energy Storage System--Draft EA (AFNSI) 5

Previously Published Documents Open for Comment 5Agency Exemption List Concurrence 5Exemption List Review 5Coastal Zone Management Notices

Federal Consistency Reviews 6 Special Management Area (SMA) Minor Permits 6

Conservation District Use Applications 6Shoreline Notices

Applications for Shoreline Certification 7Proposed Shoreline Certifications and Rejections 7

National Environmental Policy Act (NEPA) Actions 7Federal Notices 8Glossary of Terms and Definitions 9

Perry SFR at Pīhā

Hilo Medical Center

Portlock Rd Footbridge

March 23 2020 The Environmental Notice

3

Hilo Medical Center Oncology Center Addition And Rural amp Telehealth Center Unit--Final EA (FONSI)HRS sect343-5(a) Trigger

(1) Propose the use of state or county lands or the use of state or county funds

District(s) South HiloTMK(s) (3) 2-3-031019Permit(s) County of Hawailsquoi Building Division Approval Planning Department Plan Approval

State of Hawailsquoi Dept of Health Underground Injection Control Permit (potential)ProposingDetermining Agency

Hilo Medical Center Hawaiʻi Health Systems CorporationLisa Shiroma (808) 932-3111 lshiromahhscorg1190 Waiānuenue Ave Hilo HI 96720

Consultant Geometrician Associates PO Box 396 Hilo HI 96721Ron Terry (808) 969-7090 rterryhawaiirrcom

Status Finding of No Significant Impact (FONSI) determinationHilo Medical Center seeks to expand the Hawaii Pacific Oncology Center and construct the Rural amp Telehealth Center Unit in Hilo The project would take place on a graded unpaved 05308-acre lot next to the existing Hawaii Pacific Oncology Center building The first floor will be utilized by the Hawaii Pacific Oncology Center and will include a pharmacy a medication oncol-ogy infusion room and accessory rooms and facilities The second floor will house the Hilo Rural Health amp Telehealth Center which will offer primary care multiple medical specialties urgent care and telemedicine access to off-island specialties that are not available on-island It will include a registration area a nursing station exam rooms and accessory rooms and facilities No significant water biological historic or cultural resources are present and construction noise will be mitigated per a DOH permit as applicable

Hawaiʻi

Perry Single-Family Residence at Pīhā--Final EA (FONSI)HRS sect343-5(a) Trigger

(2) Propose any use within any land classified as a conservation district

District(s) North HiloTMK(s) (3) 3-2-004040Permit(s) County of Hawailsquoi Plan Approval and GrubbingGrading and Building Permits

State of Hawailsquoi Conservation District Use Permit Wastewater System ApprovalApproving Agency

Department of Land and Natural Resources State of HawailsquoiTrevor Fitzpatrick (808) 587-0373 trevorjfitzpatrickhawaiigovOffice of Conservation and Coastal Lands 1151 Punchbowl St 131 Honolulu HI 96813

Applicant Nicholas Perry (with Rodrigo Gonzalez landowner) 2185 Pretty Lane Apt 3 West Palm Peach FL 33415co James Leonard (808) 896-3459 jmleonardmaccom

Consultant Geometrician Associates PO Box 396 Hilo HI 96721Ron Terry (808) 969-7090 rterryhawaiirrcom

Status Finding of No Significant Impact (FONSI) determinationApplicant proposes a home and farm on 3 acres of former sugar cane land at 1178 feet in elevation near Ninole The home is designed to use the minimum of energy and materials Much of the land will be hand-cleared for fruit orchards and vegetable gardens for home consumption along with native hapulsquou and neneleau shrubs A paved driveway a fence and an IWS will also be built Current vegetation is dominated by strawberry guava melastome and uluhe fern No archaeological sites are present No valuable cultural resources and practices such as forest access fishing gathering hunting or access to ceremonial sites would be affected Grading will be minimal and mitigated by BMPs A no-clearing area will buffer a steep slope on the proper-tyrsquos eastern edge Clearing timing restrictions will help prevent impacts to Hawaiian hawks and endangered Hawaiian hoary bats

March 23 2020 The Environmental Notice

4

567 Portlock Road Replacement Footbridge--Final EA (FONSI)HRS sect343-5(a) Trigger

(3) Propose any use within a shoreline area

District(s) HonoluluTMK(s) (1) 3-9-026044Permit(s) SMA Use Permit Shoreline Setback Variance State Shore Waters Construction Permit

Grading and Building PermitsApproving Agency

Department of Planning and Permitting City and County of HonoluluMalynne Simeon (808) 768-8023 msimeonhonolulugov650 S King St 7th Floor Honolulu HI 96815

Applicant KCR Development 565 Portlock Rd Honolulu HI 96825Mark Gathaiya (808) 594-9700 emg01projectgmailcom

Consultant Wilson Okamoto Corporation 1907 S Beretania St Suite 400 Honolulu HI 96826Keola Cheng (808) 946-2277 kchengwilsonokamotocom

Status Finding of No Significant Impact (FONSI) determinationKCR Development is proposing to replace an existing pedestrian footbridge with a new retractable bridge that would allow for vessel passage into the propertyrsquos boat harbor The proposed replacement footbridge will ensure that public access along the shoreline is maintained The footbridge will remain in place for the majority of the time and will only be retracted for very short periods of time to enable the passage of incoming or outgoing vessels this will maintain continued access across the mouth of the small boat harbor

Oʻahu

Aukahi Farm Hapa Road Easement--Final EA (FONSI)HRS sect343-5(a) Trigger

(1) Propose the use of state or county lands or the use of state or county funds

District(s) KōloaTMK(s) (4) 2-8-014 portion of Hapa RoadPermit(s) see documentProposingDetermining Agency

Department of Land and Natural Resources State of HawailsquoiWesley T Matsunaga (808) 274-3491 wesleytmatsunagahawaiigovLand Division Kauaʻi District 3060 Eiwa St Room 208 Līhuʻe HI 96766

Applicant Aukahi Farm LLC Watamul Plaza 4334 Rice St Room 202 Līhuʻe HI 96766co Max WJ Graham Jr (808) 246-6962 mwgkauai-lawcom

Consultant NoneStatus Finding of No Significant Impact (FONSI) determination

Aukahi Farm LLC has applied to the BLNR for a grant of perpetual non-exclusive easement over State land identified as a portion of Hapa Road at Poʻipu Kōloa Kauaʻi for access and utility purposes Applicant has no plans to make any improvements to the existing roadway No archaeological cultural or biological resources are present Obtaining an easement is necessary as the Hapa Road is still in the process of being set aside to the County of Kauaʻi The existing roadway referred to as Hapa Road has been in use by the general public for over fifty years as a government road Hapa Road is currently being utilized by many other landowners as their legal access for respective private properties in the area

KauaʻiGrandfathered under old rules

Grandfathered under old rules

March 23 2020 The Environmental Notice

5

Chapter 25 Revised Ordinances of HonoluluUse of the Special Management Area (SMA) is not a trigger under HRS Chapter 343 but major developments in Oʻahus 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 appear here

Kahe Battery Energy Storage System--Draft EA (AFNSI)District TMK ʻEwa (1) 9-2-049 006Permit(s) Various (see document)Approving Agency

Department of Planning and Permitting City and County of Honolulu Lila Youn Cheng Planner (808) 768-8016 lilayounhonolulugov650 S King St 7th Floor Honolulu HI 96813

Applicant Hawaiian Electric Company Inc Generation Project Development Dept PO Box 2750 Honolulu HI 96840Shelley Takasato Project Developer (808) 543-7411 shelleytakasatohawaiianelectriccom

Consultant Planning Solutions Inc 711 Kapiʻolani Blvd Suite 950 Honolulu HI 96813Makena White AICP (808) 550-4538 makenapsi-hicom

Status 30-day public review and comment period starts Comments are due by April 22 2020 Click the title link above to access and read the document then send comments to the approving agency and copy the applicant and the consultant

Hawaiian Electric Company Inc proposes to construct and operate a Battery Energy Storage System at its existing Kahe Gener-ating Station with interconnections to an existing substation at the station and the island-wide electrical grid The anticipated total value of the Project is greater than $500000 This Environmental Assessment is being processed to fulfill the requirements of Chapter 25 of the ROH governing the issuance of permits for development within the SMA

Previously Published Documents Open for CommentStatus 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 andor consultant

Comments Due March 24 2020HawaiʻiKolekole Gulch Park Accessibility Improvements--Draft EA (AFNSI)WrightBentley Single Family Residence at Kaiwiki--Draft EA (AFNSI)MauiH-2 Residential Project at Mākena--Draft EA (AFNSI) Volume I Volume II (part 1) and Volume II (part 2)OʻahuCity and County of Honolulu Emergency Operations Center--Draft EA (AFNSI)Waimānalo Paradise Seawall Repair--Draft EA (AFNSI)

Comments Due April 7 2020OʻahuAtherton Mixed Use Student Housing Innovation amp Entrepreneurship Center--Draft EA (AFNSI)

Agency Exemption List ConcurrencePursuant to HAR sect 11-2001-16(d) the Environmental Council has reviewed and concurred upon the following agency exemption list The listed types of actions are eligible for this agencyss consideration for exemption from the requirement to prepare an Environmental Assessment Please click on the link below to view or download the list

Department of Land and Natural Resources State of Hawaiʻi

Exemption List ReviewThe following agency exemption list has been submitted to the Environmental Council (EC) for review and concurrence At the request of the EC this draft exemption list is being published for public review and comment please click on the link below to view the list and submit any comments by April 7 2020 to oeqchawaiidohhawaiigov

Department of Water County of Kauaʻi (reviewed by EC on March 3 2020)

March 23 2020 The Environmental Notice

6

Coastal Zone Management NoticesFederal Consistency Reviews

None this issue

Special Management Area (SMA) Minor PermitsThe SMA Minor permits below have been approved (HRS sect 205A-30) For more information contact the relevant countystate 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) ApplicantAgentMaui Haʻikū (2-5-004 018) Cesspools Close and Replace (SM2 20200026) Hokoama Gerald and FrancineMaui Waikapū (3-8-014 008) Maalaea Seawall (SM2 20200027) George A RixeyMaui Lahaina (4-6-006 017) Hassett Residence (SM2 20200028) John HassettMaui Wailea (2-1-029 003) New Residence (SM2 20200029) Fred W LoesbergMaui Lahaina (4-6-003 011) Renovation of Single-family Residence (SM2 20200030) Jeremy StoddartOlsquoahu ʻĀina Haina Beach (3-6-003 006)

Expand an Existing Single-family Residence Remove Shrubs and Add a New Concrete Slab (2020SMA-3)

Chunming WangGraham Builders

Olsquoahu Heʻeia (4-6-006 022 through 029 and 4-6-016 032)

Temporary Stockpile (2020SMA-6) City and County of Honolulu Depart-ment of Design and Construction

Conservation District Use ApplicationsPersons interested in commenting on the following Conservation District Use Application(s) or receiving notification of deter-minations on Conservation District Use Applications must submit comments and requests to the Department of Land and Natural Resources Notification requests must include the following information 1) Name and address of the requestor 2) The appli-cation for which the requestor would like to receive notice of determination and 3) The date the notice was initially published in The Environmental Notice Send comments and requests to Department of Land and Natural Resources Office of Conserva-tion and Coastal Lands PO Box 621 Honolulu HI 96809 DLNR will make every effort to notify those interested in the subject CDUAs However DLNR is not obligated to notify any person not strictly complying with the above requirements For more information please contact the Office of Conservation and Coastal Lands staff listed for each project CDUAs can be found via the hyperlinked File No below or on the OCCL website at dlnrhawaiigovoccl

File No CDUA HA-3860Name of Applicant Nicholas Perry and Rodrigo GonzalezLocation Pīhā North Hilo HawaiʻiTMK (3) 3-2-004040 Proposed Action Single Family Residence Farm amp Related Improvements 343 HRS determination Draft EAAFNSI published in the January 23rd 2020 issue of The Environmental Notice (TEN) Final EAFONSI published in this current issue of TENApplicants Contact James M Leonard JM Leonard Planning LLC (808) 896-3459 jmleonardmaccom OCCL Staff Contact Trevor J Fitzpatrick (808) 587-0373 trevorjfitzpatrickhawaiigov

File No CDUA KA-3855Name of Applicant McCullough Family TrustLocation Hāʻena Halelea KauaʻiTMKs (4) 5-9-002051 amp 052Proposed Action Subterranean Sandbag Barrier System343 HRS determination Exempt per HAR 11-2001-15(1) DLNR List 1-13Applicants Contact Ian Jung (808) 245-2163 ikjkauai-lawcomOCCL Staff Contact Tiger Mills (808) 587-0382 kimberlymillshawaiigov

March 23 2020 The Environmental Notice

7

Shoreline NoticesApplications for Shoreline Certification

Proposed Shoreline Certifications and Rejections

The shoreline certification applications below are available for review at the Department of Land and Natural Resources offices on Kauaʻi Hawaiʻi amp Maui and on Oʻahu at 1151 Punchbowl St Room 220 (HRS sect 205A-42 and HAR sect 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 OwnerKA-450 874 Niulani Road Kauaʻi 96746 (4) 4-3-009 049 Esaki Surveying amp Mapping Inc Martine Borges

The shoreline notices below have been proposed for certification or rejection by the Department of Land and Natural Resourc-es (HRS sect 205A-42 and HAR sect 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 Hawailsquoi 96813

File No Status Location TMK Applicant OwnerOA-1891 Proposed 91-329 91-333 91-335 amp 91-335A

Pāpipi Road Oʻahu 96706(1) 9-1-134 045 amp 046

RM Towill Corporation Haseko (Ewa) Inc

OA-1892 Proposed 91-1001 Kaimalie Street Oʻahu 96706

(1) 9-1-134 007 amp 078

RM Towill Corporation Haseko (Ewa) Inc amp Hoakalei Corporation

MA-728 Proposed Makena Road Maui 96753 (2) 2-1-006 por 030

RT Tanaka Engineers Inc

Dept of Land and Natural Re-sources State of Hawaiʻi

HA-579 Proposed 75-5888 Aliʻi Drive Hawaiʻi 96740 (3) 7-5-018 071 Wes Thomas Associates AOAO of Kona Reef co Raymond Pieri

HA-581 Proposed 33 ʻApapane Road Hawaiʻi (3) 2-1-011 003 Daniel Berg dlb amp associates LLC

Rose Cheung

HA-582 Proposed 238 Kealohi Kai Place Hawaiʻi 96740 (3) 7-7-024 004 Ali Ghalamfarsa Steven and Lynn Nisco

HA-583 Proposed No Address Hawaiʻi (3) 8-1-004 008 amp 011

Wes Thomas Associates The Foo 1980 Trust

KA-449 Proposed 4792 Lāwaʻi Road Kauaʻi 96756 (4) 2-6-012 009 Honua Engineering Inc Mark McCaslin-Malama KLK LLCMA-719 Rejection 4039 Lower Honoapiʻilani Road Maui

96761(2) 4-3-009 006 Akamai Land Surveying

IncStephen Brian Graham

As a courtesy listed below are documents provided for publication that have been prepared pursuant to federal NEPA require-ments rather than Hawaiʻis Chapter 343 HRS Shoreline Stabilization at Puʻuloa Range Training Facility Oʻahu HawaiʻiIslandDistrictTMK Oʻahu ʻEwa (1) 9-1-001001Proposing Deter-mining Agency

NEPA Program Manager MCBH Puʻuloa EA Marine Corps Base Hawaiʻi PO Box 63062 MCBH Kaneʻohe Bay HI 96863-3062 (808) 257-8815

Consultant HHF Planners John Hagihara (808) 457-3174 Pacific Guardian Center Makai Tower 733 Bishop Street Suite 2590 Honolulu HI 96813

Status Final EA No comment period For further information contact ProposingDetermining AgencyPursuant to the Council on Environmental Quality Regulations implementing NEPA the US Marine Corps provides notice that a FONSI has been prepared based on the MCBH Puʻuloa EA for the subject action The FONSI considers findings from consul-tations conducted pursuant to Section 106 of the National Historic Preservation Act Section 7 of the Endangered Species Act and the Essential Fish Habitat (EFH) provisions of the Magnuson-Stevens Fishery Conservation and Management Act regarding potential impacts of the proposed project upon cultural resources endangered species and EFH

National Environmental Policy Act (NEPA) Actions

March 23 2020 The Environmental Notice

8

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 wwwfederalregistergov

Notice Kauaʻi Seabird Habitat Conservation Plan and Draft Environmental Assessment Kauaʻi Hawaiʻi (pub-lished by the Fish and Wildlife Service on 03122020)We the US Fish and Wildlife Service (Service) received incidental take permit applications pursuant to section 10 of the En-dangered Species Act of 1973 as amended (ESA) from eight parties seeking authorization to take listed seabirds on Kauaʻi due to impacts associated with nighttime light attraction Each of the applications relies on the Kauaʻi Seabird Habitat Conservation Plan (KSHCP) which describes the actions the applicants will take to minimize and mitigate the impacts of taking the threatened Newells shearwater endangered Hawaiian petrel and the endangered Hawaiʻi distinct population segment of the band-rumped storm-petrel incidental to the otherwise lawful use of nighttime lighting on the island of Kauaʻi We also announce the avail-ability of each applicants draft KSHCP participant inclusion plan specific to the applicants facilities as well as a draft environ-mental assessment developed by the Service that addresses the effects of the KSHCP and the proposed permits on the human environment in accordance with the National Environmental Policy Act We invite the public to review and comment on these documents To ensure consideration written comments must be received from interested parties no later than April 13 2020

Notice Endangered and Threatened Wildlife and Plants Initiation of 5-Year Status Reviews for 129 Species in (various states including) Hawaiʻi (published by the Fish and Wildlife Service on 03112020)We the US Fish and Wildlife Service are initiating 5-year status reviews for 129 species in Oregon Washington Idaho Hawaiʻi Montana California and Nevada under the Endangered Species Act of 1973 A 5-year status review is based on the best scien-tific and commercial data available at the time of the review therefore we are requesting submission of any new information on these species that has become available since the last reviews To ensure consideration in our reviews we are requesting submission of new information no later than May 11 2020 However we will continue to accept new information about any species at any time Please click on the title link to this entry for additional information on the various Hawaiian birds snails arachnids crustaceans insects and plants involved in the reviews

Notice Changes in Flood Hazard Determinations (published by the Federal Emergency Management Agency on 03172020)This notice lists communities where the addition or modification of Base Flood Elevations (BFEs) base flood depths Special Flood Hazard Area (SFHA) boundaries or zone designations or the regulatory floodway (hereinafter referred to as flood hazard determinations) as shown on the Flood Insurance Rate Maps (FIRMs) and where applicable in the supporting Flood Insurance Study (FIS) reports prepared by the Federal Emergency Management Agency (FEMA) for each community is appropriate because of new scientific or technical data The FIRM and where applicable portions of the FIS report have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR) in accordance with Federal Regulations The LOMR will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings For rating purposes the currently effective community number is shown in the table below and must be used for all new policies and renewals

Federal Notices

Newells Shearwater (Photo credit Alan Schmierer) Hawaiian Petrel (Photo credit Ken Chamberlain) Band-rumped Storm-petrel (Photo credit Julio Mulero)

March 23 2020 The Environmental Notice

9

Glossary of Terms and DefinitionsAgency ActionsProjects or programs proposed by any department office board or commission of the state or county government which is part of the executive branch of that government per HRS 343-2

Applicant ActionsProjects or programs proposed by any person who pur-suant to statute ordinance or rule requests approval for a proposed action per HRS 343-2

Draft Environmental AssessmentWhen an Agency or Applicant proposes an action that triggers HRS 343 an Environmental Assessment shall be prepared at the earliest practicable time to determine whether the actions environmental impact will be sig-nificant and thus whether an environmental impact statement shall be required per HRS 343-5(b) for Agency actions and HRS 343-5(e) for Applicant actions For actions for which the proposing or approving agency anticipates a Finding of No Significant Impact (AFNSI) a Draft EA (DEA) shall be made available for public review and comment for 30 days and public notice is published in this periodic bulletin

Final Environmental Assessment and Find-ing of No Significant ImpactThe actions proponent shall respond in writing to com-ments on a DEA received during the 30-day review period and prepare a Final EA (FEA) that includes those respons-es to determine whether an environmental impact state-ment shall be required If there are no significant impacts then the Agency will issue a Finding of No Significant Impact (FONSI) An Environmental Impact Statement (EIS) will not be required and the project has cleared HRS 343 requirements The public has 30 days from the notice of a FONSI in this bulletin to ask the Environmental Court to require the preparation of an EIS

Final Environmental Assessment and Envi-ronmental Impact Statement Preparation NoticeAn EIS shall be required if the Agency finds that the proposed action may have a significant effect on the environment The Agency shall file notice of such deter-mination with OEQC called an EIS Preparation Notice (EISPN) along with the supporting Final EA After the notice of the FEA-EISPN is published in this bulletin the public has 30 days to request to become a consulted party and to make written comments The public (includ-ing the Applicant) has 60 days from the notice of the EISPN in this bulletin to ask a court to not require the preparation of an EIS

Act 172-2012 Direct-to-EIS Environmental Impact Statement Preparation Notice (with no EA)Act 172 in 2012 amended HRS 343 by providing for an agency to bypass the preparation of an environmental assessment for various actions that in the experience of the agency would clearly require the preparation of an EIS The agency must submit its determination that an EIS is required for an action (Act 172-2012 EISPN) with a completed OEQC publication form detailing the specif-ics of the action This starts a 30-day scoping period in which the agency or applicant must hold a public scoping meeting for the preparation of the Draft EIS Written comments and responses on the EISPN must be incor-porated into the subsequent Draft EIS and oral comments from the public scoping meeting must be recorded and submitted to the OEQC with the Draft EIS

Act 312-2012 Secondary Actions in the Highway or Public Right Of WayAct 312-2012 amended HRS 343 by adding a new section (HRS 343-55 entitled ldquoException to applicability of chapterrdquo) HEPA allows for a statutory exception for ldquosecondary actionsrdquo (those that involve infrastructure in the highway or public right-of-way) provided that the permit or approval of the related ldquoprimary actionrdquo (those outside of the highway or public-right-of-way and on private property) is not subject to discretionary consent and further provided that the applicant for the primary action submits documentation from the appropriate agency confirming that no further discretional approvals are required An aid to understanding this is to visualize residential driveway improvements in the public right-of-way versus retail outlet driveway improvements in the public right-of-way

Draft Environmental Impact StatementAfter receiving the comments on the EISPN the Agency or Applicant must prepare a Draft Environmental Impact Statement (DEIS) The content requirements of the DEIS shall contain an explanation of the environmental con-sequences of the proposed action including the direct indirect and cumulative impacts and their mitigation measures The public has 45 days from the first publica-tion date in this bulletin to comment on a DEIS The DEIS must respond to comments received during the EISPN comment period in a point-by-point manner

Final Environmental Impact StatementAfter considering all public comments filed during the DEIS stage the Agency or Applicant must prepare a Final EIS (FEIS) The FEIS must respond in a point-by-point manner to all comments from the draft and must be included in the FEIS For Applicant projects the Approv-ing Agency is the Accepting Authority and must make a determination within 30 days or the FEIS is deemed ac-cepted as a matter of law For an Agency project the Governor or the Mayor (or their designated representa-tive) is the Accepting Authority and unlike applicant actions there is no time limit on the accepting authority reviewing the FEIS Only after the FEIS is accepted may the project be implemented

AcceptabilityThe Accepting Authority must be satisified that the FEIS meets three criteria (process content response to com-ments) to accept it If the FEIS is accepted notice is published in this bulletin The public has 60 days from publication to challenge the acceptance of a FEIS For Applicant actions non-acceptance by the Approving Agency is cause for the Applicant to administratively appeal to the Environmental Council For Agency actions there is no such administrative appeal In both instances the Applicant or the proposing Agency can prepare a revised DEIS after a non-acceptance determination

National Environmental Policy ActThe National Environmental Policy Act (NEPA) requires federal projects to prepare a Federal EA or EIS In many ways it is similar to Hawaiʻirsquos law Some projects require both a State and Federal EIS and the public comment procedure should be coordinated Upon request by a federal agency OEQC publishes NEPA notices in this bulletin to help keep the public informed of important federal actions

Conservation DistrictProposed uses of land in the State Conservation District require a Conservation District Use Application (CDUA) These applications are reviewed and approved by the Board of Land and Natural Resources Members of the public may intervene in the permit process This bulletin will include EAs amp EISs for actions proposed within the Conservation District

Special Management Area and Shoreline Setback AreaThe Special Management Area (SMA) is along the coast-line of all islands and development in this area is gener-ally regulated by HRS 205A and county ordinance A portion of the SMA that is addressed by HRS 343 is the Shoreline Area which includes land between the State-certified shoreline and the county-determined shoreline setback line This bulletin will include EAs amp EISs for actions proposed within the Shoreline Setback Area

Shoreline CertificationsState law requires that Hawaiʻi shorelines be surveyed and certified when necessary to clearly establish the shoreline setback from the certified shoreline The public may participate in the process to help assure accurate regulatory boundaries Private land owners often petition to have their shoreline certified by the State surveyor prior to construction This bulletin publishes notice from the Department of Land and Natural Resources of shore-line certification applicants and final certifications or rejections

Environmental CouncilThe Environmental Council is a 15-member citizen board appointed by the Governor They serve as a liaison between the Director of OEQC and the general public concerning ecology and environmental quality The Council makes the rules that govern the Environmental Impact Statement process (HRS 343) Agendas of their regular meetings are posted on the Internet and the public is invited to attend The Council just completed the repeal of Hawaii Administrative Rules (HAR) Chapter 11-200 and adoption of HAR Chapter 11-2001

Agency Exemption ListsGovernment agencies may keep a list describing the minor activities they regularly perform that are exempt from the environmental review process These lists and any amendments shall be submitted to the Council for review and concurrence (HAR 11-2001-16) This bulletin will publish an agencyrsquos draft exemption list for public comment prior to Council decision making as well as notice of the Councilrsquos decision on the list

Endangered SpeciesThis bulletin is required by HRS 343-3(c) to publish notice of public comment periods or public hearings for Habitat Conservation Plans (HCP) Safe Harbor Agreements (SHA) or Incidental Take Licenses (ITL) under the federal En-dangered Species Act as well as availability for public inspection of a proposed HCP or SHA or a proposed ITL (as a part of an HCP or SHA)

Maui sunset Photo by Thomas Hawk