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POH-2011-00035

Posted: 12/18/2013

Expiration date: 1/17/2014


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. Kyle Ginoza, County of Maui, Department of Environmental Management (County), One Main Plaza, 2200 Main Street, Suite 100, Wailuku, Hawaii  96793

AGENT: Mitsuru Hirano, Munekiyo & Hiraga, Inc., 305 High Street, Suite 104, Wailuku, Hawaii  96793

LOCATION: Shoreline fronting the Wailuku-Kahului Wastewater Reclamation Facility at 281 Amala Place, Kahului, Island of Maui, Hawaii.  Tax Map Key (TMK): 238001188. Coordinate location:  20.89686°N, -156.45535°W.

PURPOSE: Stabilize the eroding coastline to protect critical infrastructure.

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).

PROPOSED ACTIVITY:  The County proposes to discharge a total of approximately 573 cubic yards of armor stone, 508 cubic yards of bedding stone, and 1,900 cubic yards of sand excavated from within the project area into waters of the U.S. to construct a 1,100-foot long extension to the existing rock mound revetment located along the eroded shoreline fronting the Wailuku-Kahului Wastewater Reclamation Facility (facility).  The existing 450-foot rock revetment was constructed in 1979 by the U.S. Army Corps of Engineers (Corps) to stabilize the shoreline. Funding limitations prohibited completion of the originally-designed 1,500-foot long revetment.  The proposed rock revetment would extend and raise the existing revetment across the shoreward face of the inland facility to ensure protection of critical inland infrastructure.

The proposed rock revetment would be constructed of a layer of geotextile filter fabric at its base, then a layer of bedding stone and two layers of 2-ton armor stone. Only a 285-foot long portion of the 1,100-foot long proposed rock revetment would be constructed in waters of the U.S., with the remainder of the revetment sited landward of the High Tide Line.  The crest elevation of the completed rock revetment would be 12-feet above Mean Sea Level, requiring raising the existing crest elevation approximately 3-feet.  Prior to construction of the revetment, the County would excavate and grade the sandy shoreline to prepare the slope for the revetment construction, followed by concurrent construction of the temporary berm and installation of 6,125 square feet of geotextile fabric within the revetment footprint. 

During construction, the County is proposing to construct a temporary berm in waters of the U.S., waterward of the proposed rock revetment out of 500 cubic yards of armor stone (to be used later for construction of the rock revetment) along the seaward face and 600 cubic yards of excavated sand on the landward face of the berm to surround and isolate the active construction area from marine waters, thereby minimizing construction runoff into the ocean as well as protecting the work area from wave action.  As the construction area shifts along the shoreline, the temporary berm would also be re-positioned as necessary.

A minimum of approximately 10,000 cubic yards of beach-grade sand is proposed for excavation in association with the proposed action with the intent that all excavated sand would either be used as backfill, placed atop and in front of the rock revetment structure and/or placed in waters of the U.S. and along the beach abutting the rock revetment.  All construction staging and stockpiling areas have been designated by the County and sited in upland areas outside of waters of the U.S.

The project plans and Best Management Practices (BMP) plan are provided as an attachment (Enclosure 1) to this notice.

MITIGATION: The original design proposed by the County followed the existing beach scarp and would have occupied approximately 1.35 acres seaward of the state-certified shoreline.  The current proposed alignment, has been designed with a reduced in-water footprint, occupying only 0.5 acres seaward of the certified shoreline, most of which would be buried with excavated beach sand, The reduced footprint would site approximately 900 feet of the proposed 1,100-foot rock revetment outside of waters of the U.S. The County proposes to move excavated beach sand along shore and seaward, but would not remove sand from the littoral zone. The County has also proposed a BMP plan describing the minimum BMPs that would be implemented over the course of the project to avoid and minimize impacts to the marine environment including impacts to threatened or endangered species.  The County would require its construction contractor (to be determined) to develop a site-specific BMP plan that outlines construction management methods to meet federal, state and municipal requirements put in place for the work.  In addition, the County proposes to provide a full briefing of BMPs and other related requirements for all workers associated with the project.

The County has not proposed compensatory mitigation for the proposed action.

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 would 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 subject parcel, TMK 238001188, was field-surveyed in November 2007 and again in February 2012 by Xamanek Researches, LLC.  The surveys focused primarily on the approximately one-acre portion of parcel nearest to the shoreline, waterward of the facility, where the proposed action would occur.  The results of both surveys indicate the parcel contains intact subsurface sand dune and marine beach sand deposits that lack traces of historic or cultural remains. In addition, the subsurface surveys indicate the project area appears to have been previously impacted by past and current activities associated with the construction and continued operation of the facility.

Of both historic and cultural importance is the Kanaha Pond, identified as State Inventory of Historic Properties site #50-50-05-1783, located across Amala Place to the South at TMK 237011028, adjacent to the project location. All construction activities proposed by the County would be confined to TMK 238001188; no construction-related activities are proposed at TMK 237011028 in association with the proposed action.

The County has drafted an archaeological monitoring plan dated December 4, 2007.  The scope of the monitoring plan includes having an archaeological monitor present during all subsurface, earth-moving activities at the subject property.  In addition, the monitor has the ability to halt construction activities should previously unknown historic or cultural materials be discovered.  Daily monitoring reports would be compiled and submitted to the State Historic Preservation Division (SHPD) within 180 days of completion of the proposed action. By letter dated January 31, 2008, the SHPD reviewed the subject monitoring plan and determined the plan conforms to the Hawaii Administrative Rules Chapter 13-279, which contains the standards for archaeological monitoring. In addition, the SHPD determined it is unlikely any historic properties would be affected with implementation of the monitoring plan.

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.

The November 2007 and February 2012 archaeological surveys, the December 2007 monitoring plan and the January 2008 SHPD letter of acceptance are provided as Enclosure 2 of this notice.

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. 

The County provided a biological survey (Enclosure 3) conducted by AECOS, Inc. in December 2009 and dated May 22, 2012 for the subject project area.  The survey indicates an absence of observed Green sea turtles (Chelonia mydas) during the site inspections, however, surveys conducted 0.25-miles to the west, along the shoreline fronting the Kahului Power Plant, indicate congregation of green sea turtles in the nearshore waters appear to be a daily occurrence.

The Corps has determined that 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 USFWS and NMFS office.

ESSENTIAL FISH HABITAT: The proposed work is being evaluated for potential 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 results of the May 2012 biological survey indicate the presence of two species of scleractinian (stony) coral colonies located approximately 15-meters offshore of the project area.  In addition, based on the positioning of the base of the portion of the rock revetment that would be constructed in waters of the U.S., 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-2011-00035.

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.