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POH-2010-00248

Posted: 12/4/2013

Expiration date: 1/3/2014


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

APPLICANT: Mr. Clifford Lau, City & County of Honolulu, Department of Design & Construction (DDC), 650 South King Street, Honolulu, Hawaii  96813

AGENT: Dr. Dayananda Vithanage, Oceanit, 828 Fort Street Mall, Suite 600, Honolulu,
Hawaii  96813

LOCATION: Shoreline fronting Mauna Lahilahi Beach Park and the Makaha Surfside Apartments, Makaha, Island of Oahu, Hawaii.  TMK: 185017005. 
Coordinate location:  21.45809°N, -158.20351°W.

PURPOSE: Stabilize the eroding coastline.

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.

PROPOSED ACTIVITY: The DDC proposes to discharge a total of approximately 800 cubic yards of armor stone, 190 cy of bedding stone, 65 cy of sand and 200 cy of gravel fill material into waters of the U.S. to construct a 300-foot long, 30-40-foot wide, 15-feet high rock revetment along the eroded shoreline fronting the Makaha Surfside Apartments.  The proposed rock revetment would replace the existing temporary sandbag revetment constructed in 1990 that is currently failing even after several attempts to repair it.  The construction sequence would involve installation of temporary Best Management Practices (BMP) and erosion control measures both in water and on land, removal of the existing sandbags with placement of the bag material along the adjacent beach, excavation of the existing shoreline to prepare the site for the rock revetment, laying of geotextile fabric within the footprint of the rock revetment, and construction of the permanent rock revetment.  During construction, the applicant is proposing to use a temporary wave barrier constructed of sandbags and toe rocks to surround and isolate the active construction area from surrounding marine waters to minimize construction runoff into the ocean as well as protect the work area from wave action.  All heavy machinery associated with the construction of the revetment, including a clamshell excavator, front loader, and a backhoe would be staged along the shoreline and not in waters of the U.S.  All excavated materials would either be used as backfill for the revetment or would be removed from the project site using dump trucks.  If authorized, construction is expected to begin in October 2014 and last no more than 3-4 months.

The project plans and site-specific BMP plan are provided as an attachment (Enclosure 1) to this notice.

MITIGATION: There exist no alternative sites for the proposed action as the need for the rock revetment is to treat site-specific erosion of the coastal slope fronting the Makaha Surfside Apartments.  The following alternative methods to protect the shoreline in the area were considered by the DDC: construction of an additional breakwater to block the wave surge coming through the gap between the existing breakwater and the reef rock shoreline to the North, building a concrete or CRM seawall along the shoreline, or extending the existing breakwater across the mouth to the northern shoreline.  The DDC’s application states that the proposed action is the most acceptable alternative for protecting inland property and that the design for the preferred alternative is the minimum necessary to be effective in reducing the erosion threat.  Because the revetment will be placed in a highly eroded area, the DDC proposes that the preferred alternative will not cause additional adverse environmental effects.   The DDC’s site-specific measures are included in the attached BMP plan.

WATER QUALITY CERTIFICATION: The proposed action would result in a discharge of dredged or fill material into waters of the U.S. and would require authorization from the Corps under Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344) (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 action 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 (16 U.S.C. 1456(c)(3)) (CZMA), the Corps may not issue a permit for the described work until the applicant obtains a CZM Consistency Concurrence from the State of Hawaii, Department of Business, Economic Development, and Tourism, Office of Planning, CZM Program.

CULTURAL AND HISTORIC RESOURCES: The DDC provided an Archaeological Monitoring Report for the subject project dated January 2009 (Enclosure 2).  The report identifies two historic sites within parcels adjoining the project area (TMKs 184001001, 185017001-007 & 002, and 185018001-003) identified as State inventory of Historic Places (SIHP) Site #50-80-07-6704 and SIHP #50-80-07-6705.  Accordingly, a determination of eligibility and, if needed, a determination of effect will be made in consultation with the State Historic Preservation Division (SHPD).  This application is being coordinated with SHPD.  Any comments SHPD 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: Section 7 of the Endangered Species Act of 1973 (16 U.S. C. 1531 et seq.) (ESA) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or 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. 

Surveys conducted by the DDC indicate sea turtles are known to occur within the project area (Enclosure 3).  The following ESA-listed marine species have the potential to occur within the project area: Hawksbill sea turtle (Eretmochelys imbricate), Green sea turtle (Chelonia mydas), and Hawaiian monk seals (Monachus schauinslandi).  Concurrently with the issuance of this notice, the Corps will evaluate the potential project-related impacts to protected species and their designated critical habitat and, if required, initiate consultation with the local NMFS office.

ESSENTIAL FISH HABITAT: The proposed work is being evaluated for possible effects to Essential Fish Habitat (EFH) pursuant to Section 305(b) the Magnuson Stevens Fishery Conservation and Management Act of 1996 (16 U.S.C. 1855(b)) (MSFCMA) and associated federal regulations found at 50 CFR Part 600 Subpart K.  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 areas as identified by NMFS.

The DDC surveyed the project area and determined the surrounding waters are absent of coral.  However, the project area encompasses EFH identified for the following Management Unit Species: Bottomfish (all life stages), Pelagics (all life stages), Coral Reef Ecosystem and Crustaceans (lobster and crab, all life stages).  Concurrently with the issuance of this notice, the Corps will evaluate the potential project-related impacts to EFH and, if required, initiate consultation with the local NMFS office.

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 Corps 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 must 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 the Corps file number POH-2010-00248. 

All e-mail comments should be sent to:
jessie.k.paahana@usace.army.mil

Conventional mail comments should be sent to:
U.S. Army Corps of Engineers, Honolulu District
Regulatory Office, Building 230
Attention: Jessie Paahana
Fort Shafter, Hawaii  96858-5440

Both conventional mail or e-mail comments must 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 Ms. Jessie Paahana at (808) 835-4107 if further information is desired concerning this notice.  This public notice is issued by the Chief, Regulatory Office.