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POH-2010-00280

Posted: 2/19/2016

Expiration date: 3/5/2016


FEDERAL PUBLIC NOTICE

Interested parties are hereby notified that a request has been received to modify the subject 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. Robert E. Clark, Hawaii Kai Marina Community Association (HKMCA), Hawaii Kai Shopping Center, 377 Keahole Street, Suite D-1 C, Honolulu, Hawaii  96825

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed project is located at Rim Island No. 2 (RI2) in the Hawaii Kai Marina, Kuapa Pond, Honolulu, Island of Oahu, Hawaii

PROPOSED PROJECT AND PURPOSE:  The Honolulu District, U.S. Army Corps of Engineers (Corps) issued a DA permit to the HKMCA on February 21, 2013 to maintenance dredge the Hawaii Kai Marina (marina) and entrance channel to its original design depths and dispose of approximately 122,000 cubic yards of suitable dredged spoils at 5 upland and in-water disposal sites.  The HKMCA proposes modification of the current DA permit to dispose of up to 60,000 cubic yards of material dredged from the following sites within the marina: HK-DU1/West Arm (10,247 cubic yards (cy)), HK-DU2/Spinnaker Isle/Handcock Landing (15,968 cy) and HK-DU3/Marina Cove (18,786 cy) in a 3.5-acre area of the 5-acre artificially-constructed, concave island known as RI2.  The tidal, shallow-water interior of RI2 is a navigable water of the U.S.  The disposal of dredged material at RI2 will result in the discharge of dredged material in 2-acres of navigable waters of the U.S.

HKMCA will use a barge-mounted excavator with a 2.5 cubic yard bucket to place dredged materials into a water-tight bin atop the barge.  Once the bin is full, the barge will be towed to RI2 where sediment will be off-loaded into the interior of the island and within the existing vegetated, perimeter berm using a hydraulic pump.  Prior to disposal at RI2, a silt fence will be installed atop the island perimeter berm throughout the duration of disposal activities at RI2.  Although the material dredged by mechanical means is not expected to contain a significant amount of free water, a rock weir will be installed along the northwest face of RI2 as a storm water runoff best management practice (BMP).  Once all ground-disturbing activities at the site have ceased, all disturbed areas will be stabilized and temporary BMPs will be removed from the site. Working hours on the project will be 0700 to 1800, Monday through Friday, excluding holidays.  The barge will moor overnight at the sediment offload location located on the south side of RI2.  Dredging will take place so as to minimize interference with boat traffic entering the harbor and utilizing the boat ramp.

HKMCA anticipates dredging activities with disposal at RI2 will proceed upon receipt of all necessary permits and approvals with completion within 60-days from notice to proceed. 

Maps, project drawings and proposed avoidance and minimization measures are attached to this notice.

AUTHORITY:  A Department of the Army permit is required pursuant to:

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

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

   Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) - Transport dredged material for the purpose of dumping it into ocean waters. 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.

WATER QUALITY CERTIFICATION: The proposed action will result in a discharge of fill material into a navigable water of the U.S. and will require authorization from the Corps in accordance with Section 404 of the Clean Water Act of 1972 (CWA).  HKMCA is actively seeking individual Water Quality Certification, from the State of Hawaii, Department of Health – Clean Water Branch under Section 401 of the CWA for the proposed permit modification.

COASTAL ZONE MANAGEMENT ACT CERTIFICATION: The proposed activity will affect land or water uses in the Coastal Zone, as regulated under Section 307(c)(3) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3), as amended).  HKMCA is actively seeking an individual Federal Consistency Concurrence Determination from the State of Hawaii, Department of Business, Economic Development, and Tourism – Office of Planning for the proposed permit modification

CULTURAL RESOURCES:  Pursuant to Section 106 of the National Historic Preservation Act (NHPA), our assessment of the project leads us to a preliminary determination that the request to dispose of dredged materials at RI2 would have no potential to cause effect to historic properties at RI2 in accordance with Appendix C of 33 CFR 325 Part 3 (b)(1) as RI2 is a manmade island constructed of dredged material during the original construction of the marina.  As the disposal site was created in modern times, it has had no human habitation and is therefore presumed that there is no potential for the existence of historic properties within the permit area.  Accordingly, requirements under Section 106 of the NHPA have been met and consultation with the State Historic Preservation Division is not required for this modification.  The Corps welcomes any information regarding the potential for disposal of dredged materials at RI2 to impact cultural resources within the permit area.

ENDANGERED SPECIES: Pursuant to Section 7 of the Endangered Species Act (ESA), federal agencies must 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.  Prior to issuance of the original permit, the Corps completed requisite consultations with NMFS and USFWS regarding project-related impacts to ESA-protected species from the dredging of the marina. 

Specific to the proposed disposal of dredged materials at RI2, the Corps has determined that based on the project location, the following protected species have the potential to occur near the project location: Hawaiian Stilt (Himantopus mexicanus knudseni), Endangered.  RI2 is absent of designated critical habitat.

The intertidal mud flats at the interior of RI2 provide foraging habitat for endangered Hawaiian stilt and other seabirds.  The Corps considers the intertidal pond feature at RI2 a ‘biological sink’ as RI2 currently provides unfavorable conditions (limited food supply, predatory species, lack of nesting habitat, etc.) that prevent the successful reproduction of Hawaiian Stilt.  As such, expenditure of genetic resources at RI2 is not conducive to fecundity of the stilt population as a whole. 

The Corps anticipates the proposed filling of RI2 would result in immediate adverse impacts as a result of loss of habitat; however, the resulting long term elimination of a biological sink would result in a beneficial impact to the endangered stilt population of this region.  Based on the Corps’ evaluation of the anticipated impacts, the Corps has determined that the proposed action may affect, but is not likely to adversely affect the endangered Hawaiian stilt and would have no effect on all other species protected under the ESA.

The Corps initiated informal consultation under Section 7 of the ESA with the USFWS.  The USFWS issued a letter of concurrence with the Corps’ determination on October 22, 2015.  Accordingly the Corps’ consultation requirements under Section 7 of the ESA are complete.

ESSENTIAL FISH HABITAT: The proposed work is being evaluated for possible effects to Essential Fish Habitat (EFH) pursuant to The Magnuson-Stevens Fishery Conservation and Management Act (MSA), as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), which requires all Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat.  The Honolulu District 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 NMFS and have determined RI2 is absent of EFH.  Preliminary determinations indicate that the disposal of dredged material at RI2 would not have an adverse effect on EFH.  Consultation with NMFS under the MSA is not required for the described activity.

FEDERAL EVALUATION OF APPLICATION: The decision whether to issue a permit will be based on an evaluation of the probable impact 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 benefit 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; and other interested parties in order to evaluate the direct, indirect, and cumulative impacts of this proposed activity.  Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.  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. 

PUBLIC HEARING: Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. 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.  The District Commander will then decide if a hearing should be held.

COMMENT AND REVIEW PERIOD: Comments on this public notice should be made in writing via conventional mail or e-mail.  Comments will be accepted and made part of the administrative record and will be considered in determining whether it would be in the public interest to authorize this proposal.  Conventional mail comments should be sent to:

U.S. Army Corps of Engineers, Honolulu District

Regulatory Office [CEPOH-RO],  Attn: J. Paahana

Building 230

Fort Shafter, Hawaii  96858-5440

Alternatively, comments may be emailed to jessie.k.paahana@usace.army.mil. In order to be accepted, e-mail comments must originate from the author’s e-mail account. 

Both conventional mail and e-mail comments must include the DA permit number POH-2010-00280, and the commentor’s name, address, and phone number. All comments whether conventional mail or e-mail should be received by midnight on March 5, 2016. 

PRIVACY & CONFIDENTIALITY: It should be noted that materials submitted as part of the permit application become part of the public record and are thus available to the general public under the procedures of the Freedom of Information Act.  Submissions should not include any information that the submitter seeks to preserve as confidential.

If you have any questions about this project or the permit process, please contact Ms. Jessie Paahana via telephone at (808) 835-4107 or via email at jessie.k.paahana@usace.army.mil.