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POH-2011-00109

Posted: 12/5/2013

Expiration date: 1/7/2014


Interested parties are hereby notified that an application has been received 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. Ian Horswill, Stable Road Beach Restoration Foundation, Inc., 590 Stable Road, Paia, Hawaii  96779

AGENT:  Not applicable

LOCATION:  Stable Road Beach, Paia, Island of Maui, Hawaii (Latitude:  20° 54’ 31” N; Longitude 156° 25' 36" W)

PROPOSED ACTIVITY:  The applicant proposes to discharge dredged and fill material into waters of the United States (U.S.) and conduct work in navigable waters of the U.S. to remove four existing geotextile tube (“geotube”) groins and construct four new permanent rock groins.  In addition, the applicant proposes to place approximately 810 cubic yards of dredged beach sand, including sand that would be expelled during the demolition of the geotube groins, on approximately 1.11 acres of the Stable Road Beach below the high tide line. 

AUTHORITY(S):  This permit application will be reviewed under Section 404 of the Clean Water Act (33 USC § 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 USC § 403).  The Corps’ public interest review will consider the guidelines set forth under Section 404(b)(1) of the Clean Water Act (40 CFR part 230).

EVALUATION FACTORS:  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; Native Hawaiian organizations (NHOs); 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 (EA) and/or an Environmental Impact Statement (EIS) 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.

ADDITIONAL INFORMATION: 

BACKGROUND INFORMATION:  To initially address the chronic beach erosion occurring at the Stable Road Beach, the applicant implemented a Small Scale Beach Nourishment (SSBN) Evaluation Project in spring 2010 that was authorized by the Department of Land and Natural Resources (DLNR), Office of Conservation and Coastal Lands (OCCL) under its SSBN Master Agreement 08-01 and the State Programmatic General Permit No. 2001-01 (Corps Project File No. POH-2008-00064).  The SSBN Evaluation Project consisted of the installation of four temporary sand retention devices (geotube groins) and beach nourishment using offshore sand.  The purpose of the SSBN Evaluation Project was to restore and protect the Stable Road Beach and to serve as a pilot project to provide information on the environmental impacts (if any) and the effectiveness of the temporary groins.  After three-plus years, the SSBN Evaluation Project was found to have significantly reduced the rate of beach erosion and prevented further land loss.  Several factors and variables were either measured or monitored before, during and after construction to gain an understanding of the project’s performance and effects on the nearshore environment.  The results of the monitoring indicated the temporary geotube groins successfully retained beach sand at the Stable Road Beach, stopped beach retreat and land loss, and resulted in no adverse environmental impacts to the surrounding project area (SRBRFI, 2013).

PROJECT DESCRIPTION:  Based on the findings of the SSBN Evaluation Project, the applicant proposes to replace the temporary geotube groins with permanent rock groins, which are intended to function as a longer lasting and more sustainable solution to address the chronic beach erosion.  The proposed project would replace the existing four geotube groins with four rock groins of the same scale and at the same general locations. The proposed rock groins would be approximately 110 to 135 feet long and 20 to 27 feet wide at their base.  The landward ends of the groins would be located near the shoreline and would extend across the beach into the nearshore ocean approximately 36 to 50 linear feet beyond the high tide line (as measured by the mean higher high water line).  Dredging of beach sand would occur at each existing groin using an excavator bucket to remove the geotube groin and associated sand material and to prepare the footprint of each new rock groin for the placement of the Tensar marine mattresses.  Once the marine mattresses are installed, approximately 814 cubic yards of native rock would be placed at the four groin sites (about 204 cubic yards of rock per groin).

Proposed Activity(s) Requiring DA Authorization.  The applicant has applied for DA authorization to discharge dredged and fill material into waters of the U.S. and to conduct work in navigable waters of the U.S., affecting a total of 1.31 acres of waters of the U.S.  Of the total estimated acreage of waters of the U.S. to be impacted, 1.11 acres would be temporarily impacted by the placement of 810 cubic yards of sand along 600 linear feet of beach below the high tide line (as measured by the mean higher high water line), 0.05-acre would be temporarily impacted by dredging operations, and an additional 0.15-acre of waters of the U.S. would be permanently impacted as a result of the placement of approximately seventy-two (72) Tensar marine mattresses (dimensions of each mattress are 1.5’ x 5’ x 20’) that would be overlain with approximately 814 cubic yards of 1.5 ton (+/- 2-foot diameter) native rock. 

 

Activity

Impacts to Waters of the U.S.

 

 

Permanent Impacts

Temporary Impacts

Acres

Cubic Yards

Acres

Cubic Yards

Removal of existing “geotube” groins, including dredging of beach sand

--

--

0.05

181

Placement of core mat (Tensar marine mattresses)* and small quarry rock

0.15*

--

--

--

Construction of groins (discharge of rock)

0.15

814

--

--

Placement of sand on beach

--

--

1.11

810

TOTAL:

0.15 ac

814 cy

1.16 ac

991 cy

* The Tensar marine mattresses with small quarry run rock would be placed directly underneath the newly constructed rock groins to provide added protection, structural integrity and wave action resistance to the rock groin structures.  Therefore, the footprint of disturbance (i.e., direct, permanent impact) associated with the installation of the marine mattresses would be the same areal extent of impact as the footprint of disturbance associated with the placement of the rock groins.

Construction Sequencing and Methodology.  Existing groin removal would consist of hand-cutting the geotextile groin tubes using razor knives; excavating the sand from the tubes and stockpiling the excavated sand near the beach shoreline (above the high tide line) for de-watering using a track excavator; removing construction debris, including the geotextile tubes, and scour aprons’ material utilizing an excavator and by hand; temporarily stockpiling the removed geotextile material and other debris at the upland staging area using an excavator and a forklift for transport to the landfill for disposal. 

The proposed new rock groins would be installed subsequent to the removal of the geotube groins.  The groin construction would involve the excavation of beach sand for placement of the groin core mat (i.e., the Tensar marine mattresses) and installation of small quarry run rock on the core mat by the excavator and hand placement of the 1.5-ton rock around the core and backfilling around installed groin with previously excavated sand using the track excavator; removal of the perimeter sediment barrier; and restoration of the beach construction area to the previous condition primarily by hand.  The final construction activities would entail cleaning and restoring the beach, the construction access road, and the staging area via a track excavator, although some clean-up activities may be performed by hand.

Construction Equipment.  Machinery and equipment that would be expected to be used during construction includes, but is not limited to, a track excavator (for the dredging of beach sand, stockpiling of sand, geotube removal, groin core mat and rock placement, and the final sand placement) and a rubber tire forklift and/or loader (for use at the construction staging area and the beach access road for hauling construction materials (e.g., rock) to beach from the staging area and for geotextile material and other construction debris disposal hauling from beach to the staging area).

Borrow Site and Disposal Area(s).  Depending on the availability of rock at the time of the commencement of work, the applicant’s preferred borrow site for the acquisition of rock material is the West Maui Construction Yard located in West Maui.  If adequate quantities of rock are not available from the construction yard, then the applicant would obtain the material from a cane field or existing construction site.  The applicant’s identified upland disposal site for construction debris, including the geotextile material, is at County of Maui Central Landfill. There would be no excess excavated or dredged material, so an upland disposal site is not required for this type of material.

Construction Staging Area and Construction Site Access.  The applicant proposes to utilize an upland site located approximately 300 feet inland from the south side of the project area for construction staging.  A beach access road from the staging area would be located directly in-line from the staging area to the project beach using an existing roadway.  Both the upland staging area and beach access road were previously used for construction of the 2010 SSBN Evaluation Project.

Construction Schedule.  Total construction duration to complete the proposed activities would be approximately 30 days.  The applicant proposes to commence construction in spring or early summer 2014.  The construction activities would include neighborhood signage installation, construction staging area preparation, pre-construction water quality monitoring, construction/project site signage installation, sediment barrier installation, existing geotube groin removal, replacement groin installation, and final clean-up.

PROJECT PURPOSE AND NEED:   According to data furnished by the applicant, decades of chronic beach erosion and retreat at the Stable Road Beach has resulted in the loss of land, adverse environmental impacts on beach use, recreation, and suitable habitat for endangered species, as well as reduced water quality that poses an increased threat to marine biota and other nearshore resources.  From 2006 to 2009 the land fronting the residential properties adjoining the Stable Road Beach eroded as much as four to six feet each year (that is, four to six feet of land was lost each year due to erosion). 

Due to seven decades of sand mining for the updrift Paia Lime Kiln and other uses, the region has a diminished sand supply to sufficiently nourish the Stable Road Beach.  The County of Maui Beach Management Plan identified the Stable Road Beach as an “erosion hotspot”.  The Stable Road Beach is a public resource that provides a number of functions and environmental benefits, including recreational opportunities, habitat for federally-protected species, and protection against land-based pollutants that if allowed to enter ocean could threaten water quality, marine life, and reef health.  Because of the beach erosion, these environmental resources are under threat of further degradation and loss if no action is taken.  The County of Maui Beach Management Plan and the State of Hawaii Coastal Zone Management Program both stress the need to restore, protect and preserve Maui and Hawaii beaches, respectively.  Based on the identified problem and need for action, the applicant’s stated project purpose is to preserve, protect and conserve the public beach in a longer-lasting and more sustainable manner than by existing geotube sand retention devices (groins) approved by the State in 2009 as a temporary “evaluation project”. 
 
Basic and Overall Project Purpose.  The overall project purpose serves as the basis for the Corps' 404(b)(1) alternatives analysis and is determined by further defining the basic project purpose in a manner that more specifically describes the applicant's goals for the project, and which allows a reasonable range of alternatives to be analyzed.  The basic project purpose is “beach nourishment”, a non-water dependent activity that does not require siting in special aquatic sites.  The Corps has generally concurred with applicant’s stated project purpose and as such, has determined the overall project purpose for evaluation of alternatives under the Section 404(b)(1) Guidelines is to “provide a long-term, sustainable solution to reduce erosion and facilitate beach nourishment at the Stable Road Beach”. 

ALTERNATIVES:  Several alternatives and design approaches to address the beach erosion were identified and considered by the applicant based, in part, on recommendations set forth in the State of Hawaii, DLNR’s Coastal Erosion Management Plan (COEMAP).  Under State of Hawaii Revised Statutes (HRS), Chapter 343, the applicant prepared an environmental assessment (EA) for the DLNR who approved the Final EA in January 2013.  Based on the Final EA, the DLNR determined the applicant’s proposal to replace the four temporary geotube groins with four permanent rock groins would not result in a significant impact on the environment and accordingly, issued a Finding of No Significant Impact (FONSI).  The EA considered and evaluated the following alternatives:

Replace Existing Geotube Groins with Rock Groins - This alternative is defined as the applicant’s proposed action and is described above.

No Action Alternative - The No Action Alternative would consist of the applicant taking no action.  Under this scenario, the scope of work would be to remove the SSBN Evaluation Project’s existing geotube groins before June 25, 2014 as required by the existing SSBN Evaluation Project MA-08-01 permit conditions.   

Replace Existing Geotube Groins with Rock Groins and Nourish the Stable Road Beach with Inland Sand - This alternative would entail a combination of approaches consistent with the COEMAP.  Under this scenario, the scope of work would be to remove the SSBN Evaluation Project’s existing geotube groins and replace them with either three or four more durable rock groins in the same general location and of the same scale as the existing temporary groins.  In addition, this alternative would include the possible sand nourishment at the Stable Road Beach subsequent to construction of the rock groins, if and when  necessary, using Maui dune sand having grain size and characteristics meeting DLNR-OCCL standards. 

Other Alternatives were considered but eliminated from further consideration in the Final EA due to the fact they did not meet the project purpose and need.  These alternatives include the following:

o Replace Existing Geotube Groins with Rock Groins and Possibly Nourish the Stable Road Beach with Offshore Sand

o Annually Nourish the Project Beach with Inland Sand

o Annually Nourish the Project Beach with Offshore Sand

o Relocate Residential Structures

o Build a Seawall or Revetment

BASELINE INFORMATION:

General Site and Project Area Conditions.  The proposed project is located along a portion of beach fronting Stable Road between Kanaha Beach Park to the west and Kahului Airport to the east on the north shore of Maui.  The Stable Road Beach is approximately 600 feet long and 84 feet wide (on average), encompassing approximately 50,000 square feet of sandy beach with seven ocean front properties/residences adjoining the beach.  In 2008, approximately 75% of the shoreline was vegetated; currently, the Stable Road Beach shoreline is approximately 37% vegetated with shrubs and vines that help to stabilize the soil and prevent erosion, or at least slow the rate of erosion.

The project area shoreline faces north-northwest and typically receives long-shore trade winds and swells from the northeast in the spring and summer months and cross-shore northwest Pacific swells in the fall and winter months.  Before the implementation of the SSBN Evaluation Project in 2010, there was minimal to no beach during the summer at the east end of the project area and minimal to no beach during the winter at the west end of the beach due to the scouring effect of the seasonal swells.  The Stable Road Beach functions as a littoral cell, in which beach sand erodes at its ends seasonally with sand shifting east and west.  The littoral cell is flanked at both ends by hardened shorelines with a rock seawall at the east end and a rock revetment and concrete seawall at the west end.  The two groins at each end of the Stable Road Beach are visible, but those occurring in the center are not since they are buried by naturally accreted sand.   
 
Nearshore Benthic Habitat Resources.   According to DLNR-OCCL’s 2012 Final EA, the nearshore area supports a beach rock shelf with a 15-20% seaward slope with a 1 to 2 foot thick stacked plate-like structure typical of these formations.  Between the beach rock and the sand beach, the bottom is covered either by sand or a mixture of coral rubble.  The dominant nearshore sediment composition is highly mobile sand, and its abundance decreases with distance from shore, as the sand is progressively replaced by more stable cobble and rock.  Gravel abundance is consistent and low throughout the project area.  Patches of exposed reef rock forming solid substrate is more abundant outside the nearshore region and is encountered with decreasing frequency the greater the distance from shore.  The nearshore habitat is characteristic of a shallow back-reef lagoon with a well-defined reef crest several hundred feet offshore.  Correlated to distance from shore is the abundance of algae and invertebrates, and consequently a decrease in bare sediment.  Where found, beds of macro-algae reach as much as 85% cover, but more commonly, they do not exceed 50% cover.  Extensive beds of colonial sea anemones are common.  Occasionally, stable substrate such as reef rock or large rocks provide habitat for corals, macro-algae and invertebrates.  In all zones, corals are present but not abundant, with more corals occurring offshore than nearshore.

MITIGATION: The applicant’s proposed mitigation (i.e., avoidance, minimization, and compensation) may change as a result of comments received in response to this public notice, the applicant's response to those comments, and/or the need for the project to comply with the Section 404(b)(1) Guidelines and the public interest review factors.  In consideration of the above, the proposed mitigation sequence, as applied to the proposed project is summarized below.

Avoidance and Minimization.  The location of the individual rock groins were chosen to avoid all corals and benthic habitat, thereby avoiding any direct impact to special aquatic sites.  The permanent rock groins would be located in the same footprint of disturbance as the existing geotube groins and the placement of the core mat and new groin rock would occur immediately after dredging of these discrete areas; therefore, the incremental increase in direct impacts to waters of the U.S. would be considered negligible.  In addition, the applicant proposes to implement site-specific best management practices (BMPs) before and during construction to avoid and minimize the adverse effects of turbidity, other pollutants, and to control lateral beach access for public safety.  As part of the HRS, Chapter 343 environmental review process, in fall 2012 the NOAA, National Marine Fisheries Service (NMFS), Protected Resources Division (NMFS-PRD) and NMFS, Habitat Conservation Division (NMFS-HCD) provided comments and recommendations on the applicant’s proposed action to avoid and minimize adverse effects to federally threatened and endangered species and Essential Fish Habitat, respectively. 

The proposed BMPs are part of the applicant’s overall proposed action and are similar to those employed during the 2010 SSBN Evaluation Project.  The proposed BMPs are as follows:

Water Quality Sediment and Pollution Prevention BMPs

o Install floating silt curtain (sediment barrier) in the ocean around each submerged
groin end during existing groin removal and replacement groin construction

o Wash groin rock offsite prior to placement on the beach and in the water

o Temporarily stockpile excavated/dredged sand above mean higher high
water during existing groin removal and replacement groin installation

o Avoid work, dredging and placement of sand near the ocean during periods
of inclement weather

o Restrict construction equipment from the water except at wave run-up area

o Install runoff prevention at construction staging area and beach access with erosion barriers when there is inclement weather

o Restore construction staging area and beach access at completion of work.

o Use U.S. Coast Guard approved bio-degradable lubricants in all construction equipment accessing the beach
 
o  Conduct water quality monitoring to measure turbidity; and if excess turbidity occurs, halt construction or modify construction work to reduce turbidity to acceptable levels

Protected Marine Species BMPs

o Survey the project area prior to commencement of daily construction activity to ensure no protected marine species (i.e., humpback whale, Hawaiian green sea turtle, Hawksbill sea turtle, and Hawaiian monk seal) are on the Stable Road Beach or in nearshore waters.  If protected species or their tracks are detected, construction activity will be postponed until the animal(s) voluntarily leave the area.  If construction were to occur during the fall, watch for turtle tracks and nesting sites during the prior summer. Successful hatchlings would emerge around October to November.

o If any listed species enters the project area during construction, construction will to be stopped until the animal(s) voluntarily depart the area.

o All on-site project personnel to be informed of the status of any listed species potentially present in the project area and the protections afforded to those species under federal laws.  A brochure explaining the laws and guidelines for listed species in Hawaii will be reviewed with project personnel and maintained on-site (http://www.nmfs.noaa.gov/prot_res/MMWatch/Hawaii.htm).

o Any accidental take of marine mammals will be reported immediately to NOAA Fisheries’ 24-hour hotline at (888) 256-9840.  Any injuries to sea turtles will be reported immediately to NOAA Fisheries at (808) 983-5730.  The information to be reported will include name and phone number of a point-of-contact, location of the incident, and nature of the take and/or injury.

o Limit construction vehicles to beach except for wave run-up area for noise control in-water and minimum disturbance.

o Avoid dropping rock and instead maintain control of groin rock placement to minimize ambient noise levels

o Remove all construction debris that may pose an entanglement hazard to protected species from the project site if such materials are not actively being used and remove all debris at the conclusion of work

o All project related materials and equipment placed in the water will be free of pollutants

o No project related construction materials will be stockpiled in the water.

Coral and Benthic Biota Protection BMPs

o Survey nearshore waters of work areas prior to construction for the presence and distribution of corals and other benthic biota and place the silt curtain anchors and lines to avoid contact with corals and other sensitive biota

o Observe daily silt curtain anchors and lines to avoid impacts to coral and other biota and adjust anchors and lines as required.

Compensation. The applicant did not propose any compensatory mitigation measures for the unavoidable adverse impacts to waters of the U.S.  According to the applicant’s mitigation statement, unavoidable adverse impacts to waters of the U.S. were addressed in the previously authorized 2010 SSBN Evaluation Project, primarily through the implementation of site-specific BMPs.  Moreover, the applicant asserts the unavoidable impacts to waters of the U.S. associated with the replacement of the temporary geotube groins with permanent rock groins are short-term and would be adequately offset by the net environmental benefits expected to accrue as a result of proposed action.  Specifically, the proposed action is anticipated to provide a long-term solution to the severe erosion at the Stable Road Beach and as a result, the overall beach stability would create and support a greater area of suitable habitat for protected species, such as Hawaiian monk seal and sea turtles.

WATER QUALITY CERTIFICATION:  A final DA permit decision for the described work will not be issued until a certification or waiver of certification as required under Section 401 of the Clean Water Act (Public Law 95-217) has been received from the State of Hawaii, Department of Health, Clean Water Branch (DOH-CWB).  Based on information contained in the DA permit application, dated November 3, 2013, the applicant submitted a 401 water quality certification application to DOH-CWB on August 31, 2011 (File No. WQC0816).   According to DOH-CWB, as of November 18, 2013 the 401 water quality certification application is deemed incomplete.

COASTAL ZONE MANAGEMENT ACT CERTIFICATION:  Section 307(c)(3) of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1456(c)(3)), requires the applicant to certify that the described activity affecting land or water uses in the coastal zone complies with the State’s Coastal Zone Management (CZM) Program.  A DA permit will not be issued until the Office of State Planning, Department of Business, Economic Development, and Tourism has concurred with the applicant's certification.  According to the State of Hawaii CZM Program, as of November 18, 2013 no CZM federal consistency review application has been submitted by the applicant.

CULTURAL RESOURCES:  Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, the Corps has determined that the proposed work has no potential to cause effect to any archeological or historic property listed, or eligible for listing, on the National Register of Historic Places based on review of the Hawaii and National Register of Historic Places and in consideration of the project location, its design, site conditions, and the nature of the proposed undertaking.  In addition, the applicant’s DA permit application notes that no cultural artifacts or burial remains were discovered during the original construction of the previously authorized SSBN Evaluation Project where work occurred in the same area (that is, the same footprint of disturbance) as the proposed action and where excavation/dredging was conducted to the same depths that are proposed for the new rock groins.  Further, there have been no observed cultural artifacts or burial remains during periods of substantial beach sand loss where the shoreline areas have been unearthed and further exposed.   This public notice is being coordinated with the State Historic Preservation Division (SHPD), NHOs, and other consulting parties.  Any comments SHPD, NHOs or other consulting parties may have concerning unknown archeological or historic properties, including properties of traditional religious or cultural importance, and that may be affected by the proposed undertaking, will be considered in our public interest review determination, EA, and final permit decision. 

ENDANGERED SPECIES:  Section 7 of the Endangered Species Act (ESA) of 1973, as amended, requires federal agencies to consult with NOAA, National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all federal actions that may affect species listed (or proposed for listing) as threatened or endangered or that may destroy or adversely modify designated critical habitat.  Based on information furnished by the applicant, there are four federally-listed marine species that are known to occur or have the potential to occur within the proposed project action area.  These species include:  Humpback whale (Megaptera novaeangliae), Hawaiian green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricate), and Hawaiian monk seal (Monachus schauinslandi). 

 

 

Common Name

 

Scientific Name

Potential

Presence/Absence within the ESA

Action Area

Humpback whale

Megaptera novaeangliae

Not Likely Present

Hawaiian green sea turtle

Chelonia mydas

Potentially Present

Hawksbill sea turtle

Eretmochelys Imbricate

Potentially Present

Hawaiian monk seal

Monachus Schauinslandi

Potentially Present

 

 

As part of the DA individual permit application review and evaluation process, the Corps will evaluate the potential direct, indirect and cumulative effects of the applicant’s proposed activities on these endangered species.  If required based on the results of this evaluation and the Corps’ resultant determination of effects, the Corps will initiate consultation with NMFS-PRD and/or USFWS in accordance with the procedures set forth in 50 CFR Parts 402.13 and 402.14(c).

ESSENTIAL FISH HABITAT: The proposed work is being evaluated by the Corps for potential direct, indirect and cumulative effects to Essential Fish Habitat (EFH) pursuant to Section 305(b)(2) of the Magnuson Stevens Fishery Conservation and Management Act of 1996 (MSFCMA), 16 USC 1801 et seq. and associated federal regulations found at 50 CFR Part 600, Subpart K.  Within the Pacific Islands Region, EFH is designated for all federally managed species, referred to as Management Unit Species (MUS).  These MUSs include bottomfish, seamount groundfish, pelagics, precious corals, coral reef ecosystems, and crustaceans.   As part of the DA permit application review and evaluation process, the Corps will determine whether the applicant’s proposed action may adversely affect EFH and if so, will prepare an EFH Assessment and initiate consultation with NMFS-HCD to solicit EFH conservation recommendations. 
 
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 received during the comment period will be made part of the record and will be considered in determining whether it would be in the public interest to authorize this proposal.  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 Corps file number POH-2011-00109. 

All e-mail comments should be sent to:

susan.a.meyer@usace.army.mil

Conventional mail comments should be sent to:

U.S. Army Corps of Engineers
Honolulu District, Regulatory Office
Building 230 (Attn: CEPOH-EC-R)
Fort Shafter, Hawaii 96858-5440

Both conventional mail and 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 Susan Meyer at (808) 835-4599 if further information is desired concerning this notice. 

This public notice is issued by the Chief, Regulatory Office.

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