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POH-2011-00131

Posted: 7/5/2012

Expiration date: 8/5/2012


Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States as described below and shown on the attached drawings.

APPLICANT:  Tropical Sands Apartment, Inc., 711 Kapiolani Boulevard, Suite 700,     Honolulu, HI 96813

AGENT:  Kenji Salmoiraghi, Plan Pacific, Inc., 1001 Bishop Street, Suite 2755, Honolulu, HI 96713

LOCATION:  Seawall at The Kainalu, 2801 Coconut Ave, Honolulu, HI (TMK 3-1-033: 001); 21.25817˚N Latitude and 157.8184˚ W Longitude

WORK:  The applicant proposes to replace the existing wall with a concrete rubble masonry (CRM) seawall, patch holes in the failing groin seaward of the property, and remove encroachments located on State land. The proposed wall would be 125’ long.  The existing wall will be removed and replaced in three phases. Permanent vinyl shoring will be placed along/against existing basement wall footing and anchored to the side of the footing, followed by the excavation and construction of the CRM seawall, which will have a wave deflector at its top. The new wall will not extend any farther waterward than the existing footprint, which is currently at 125’ long by 8’ high from sand level, with a 3’ wide toe which will be 6’ below grade. Sand bag berms will be used to deflect waves while work is in progress. When work is complete, sand from the bags will be released back onto the beach, raked and graded. 

PURPOSE:  To provide shoreline stabilization to protect the foundation and structural integrity of the Kainalu, the building directly adjacent to the project area.

ADDITIONAL INFORMATION: The current CRM wall is located at the base of the Kainalu apartment building and the owners are concerned about the structural integrity of the building. The wall was originally designed as a planter box and not for shoreline protection. In 2005, the wall and adjacent beach access stairs were covered by a gunnite coating in an attempt to strengthen them against wave energy; however, waves have undermined the wall and caused it to crack in several places. If undermining continues, seawater may inundate the Kainalu’s pilings, threatening the structural integrity of the building.

MITIGATION: The applicant proposes Best Management Practices (BMPs) which include a 4’ high turbidity barrier that will surround the work area and a sand bag berm to deflect wave energy in the work area. Silt fence along the seaward edge and outside the sandbag barrier. Dust barriers at the flanks of the sandbag barrier. All work to occur at low tide and cease during adverse weather/tidal conditions. No other mitigation is proposed at this time.

WATER QUALITY CERTIFICATION:  The proposed action will result in a discharge of fill material into a water of the U.S. and will require authorization from the Corps under Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1251 et seq.) (CWA).  Under Section 401 of the CWA, the Corps may not issue a permit for the described work until the applicant obtains a certification, or a waiver of certification, from the State of Hawaii, Department of Health – Clean Water Branch.

COASTAL ZONE MANAGEMENT ACT CERTIFICATION:  The proposed activity will affect land or water uses in the Coastal Zone.  Under Section 307(c)(3) of the Coastal Zone Management Act of 1972, as amended by 16 U.S.C. 1456(c)(3), the Corps may not issue a permit for the described work until the applicant obtains a Federal Consistency Concurrence from the State of Hawaii, Department of Business, Economic Development, and Tourism – Office of Planning.

CULTURAL RESOURCES:  The latest published version of the National Register of Historic Places (NRHP) has been consulted for the presence or absence of historic properties, including those listed in or eligible for listing in the NRHP.  There are no listed or eligible properties in the vicinity of the worksite.  Consultation of the NRHP constitutes the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of the presence of such resources.  This application is being coordinated with the State Historic Preservation Office (SHPO).  Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the proposed work.

ENDANGERED SPECIES:  Pursuant to Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (ESA), federal agencies must consult with the National Marine Fisheries Service (NMFS) and/or the U.S. Fish and Wildlife Service (USFWS) on any action that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat.  Based on the project location, we have determined that the following listed species have the potential to occur near the project location: Hawksbill sea turtle (Ertmochelys imbricate), endangered, Green sea turtle (Chelonia mydas), threatened, and the Hawaiian monk seal (Monachus schauinslandi), endangered.  Based on the applicant’s proposed project scope and BMP plan to mitigate impacts to the aquatic environment, the Corps has preliminarily determined that the seawall replacement may affect, but is not likely to adversely affect the Hawksbill sea turtle, the Green sea turtle, and the Hawaiian monk seal (please see the attached information on the proposed project and BMPs in Appendix A).  In accordance with the requirements of Section 7 of the ESA, the Corps requests written concurrence from the National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Protected Resources Division on this determination.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson Stevens Fishery Conservation and Management Act of 1996 (16 U.S.C. 1801 et seq.) (Magnuson Stevens Act) and associated federal regulations found at 50 C.F.R. Part 600, Subpart K, the proposed work is being evaluated for possible effects to Essential Fish Habitat (EFH).  The Honolulu District area of responsibility includes areas of EFH as Fishery Management Plans.  We have reviewed the January 20, 1999, Western Pacific Fishery Management Council’s Environmental Assessment to locate EFH area as identified by the National Marine Fisheries Service (NMFS).  The benthic habitat in and around the project area is located in the reef flat zone and characterized as pavement, with the main biological cover composed of sparse macroalgae (10% - <50%), but also potential presence of hard coral, zoanthids, and other sessile invertebrates.  Based on the temporary nature of the direct impacts of the proposed project to this habitat, and the proposed BMPs to reduce turbidity and otherwise reduce direct physical impacts, the Corps has preliminarily determined that the described activity within the proposed area will not adversely affect EFH, including federally managed fishery resources.

AUTHORITY:  This permit application will be reviewed under the following authorities:

(X)  Perform work in or affecting navigable waters of the United States – Section 10 Rivers and Harbors Act 1899 (33 U.S.C. 403).

(X)  Discharge dredged or fill material into waters of the United States – Section 404 Clean Water Act (33 U.S.C. 1344).  The Corps’ public interest review will consider the guidelines set forth under Section 404(b) of the Clean Water Act (40 CFR 230).

( )  Transport dredged material for the purpose of dumping it into ocean waters - Section 103 Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413).  The Corps’ public interest review will consider the criteria established under authority of Section 102(a) of the Marine Protection, Research and Sanctuaries Act of 1972, as amended (40 CFR Parts 220 to 229), as appropriate.

EVALUATION:  The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity on the public interest.  That decision will reflect the national concern for both protection and utilization of important resources.  The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments.  All factors which may be relevant to the proposal will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.

The U.S. Army Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; and other interested parties in order to consider and evaluate the impacts of this activity.  Any comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for the work.  To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.  Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the activity.

PUBLIC HEARING:  Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.  Requests for public hearings shall state clearly and concisely, the reasons and rationale for holding a public hearing.

COMMENT AND REVIEW PERIOD:  Conventional mail or e-mail comments on this public notice will be accepted and made part of the record and will be considered in determining whether it would be in the public interest to authorize this proposed work.  In order to be accepted, e-mail comments must originate from the author’s e-mail account and must include on the subject line of the e-mail message the permit applicant’s name and reference number as shown below.  All e-mail comments should be sent to emilee.r.stevens2@usace.army.mil.  Conventional mail comments should be sent U.S. Army Corps of Engineers, Regulatory Branch, Building 230, Ft. Shafter, HI 96848.  Both conventional mail and e-mail comments must include the permit applicant’s name and reference number, as shown below, and the commenter’s name, address, and phone number.  All comments whether conventional mail or e-mail must reach this office, no later than the expiration date of this public notice to ensure consideration.  Please include the following name and reference number: POH-2011-00131.

Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision.  Please contact Emilee Stevens at (808) 835-4310 if further information is desired concerning this notice.


Attachments
 Appendix A:  DA Permit Application, Drawings, and Supplemental Information