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POH-2015-00109

Posted: 3/1/2016

Expiration date: 3/31/2016


FEDERAL PUBLIC NOTICE

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: 

State of Hawaii

Department of Transportation, Harbors Division

Attention: Ford Fuchigami

869 Punchbowl Street, 5th Floor

Honolulu, Hawaii  96813

WATERWAY AND LOCATION OF THE PROPOSED WORK:  The proposed project is located in harbor waters adjacent to the northeast face of Pier 2, Kahului Harbor, Kahului, Island of Maui, Hawaii.

PROPOSED PROJECT AND PURPOSE:  Hydraulic dredge 2,800 cubic yards of accumulated sediments from within a 2,325 square yard area along 400-feet of the northeastern face of Pier 2 at Kahului Harbor with disposal of dredged material at the U.S. Environmental Protection Agency (USEPA)-approved Kahului Ocean Dredge Material Disposal Site (ODMDS) located 5.6 nautical miles offshore.  Dredging operations proposed by the State of Hawaii Department of Transportation, Harbors Division will be performed by the U.S. Army Corps of Engineers’ (Corps) Essayons hopper dredge concurrent to the greater federal project involving maintenance dredging at 5 commercial harbors across the State of Hawaii, including Kahului Harbor.

Additional information regarding dredging operations, best management practices and project drawings are attached to this notice for review.

AUTHORITY:  A DA permit is required for the proposed action 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.

      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).

X     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 applicant is actively coordinating the potential impacts to water quality with the State of Hawaii Department of Health, Clean Water Branch in accordance with Section 401 of the Clean Water Act.  The results of that coordination will be applied to the proposed action.

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:  Pursuant to Section 106 of the National Historic Preservation Act (NHPA), an assessment of effects to historic properties and cultural resources was completed for the greater federal project by the Honolulu District, Civil and Public Works Branch (CW).  The area of potential effect, limited to harbor waters, encompasses the proposed maintenance dredging adjacent to Pier 2.  In a letter dated December 18, 2014, the State of Hawaii Historic Preservation Division concurred with the CW’s determination that no historic properties would be affected by the proposed action.  Accordingly, requirements under Section 106 of the NHPA have been met and further consultation with the State Historic Preservation Division is not required for the proposed action. 

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.  The Honolulu District CW branch is actively engaged in Section 7, ESA consultation with NMFS for the greater federal dredging project.  The ESA Action area for the greater federal dredging project encompasses the area adjacent to Pier 2, Kahului Harbor.  The results of that consultation will be applied to subject proposed action.  A permit for the proposed action will not be issued until the consultation process is completed.

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 National Marine Fisheries Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect EFH.  The Honolulu District CW branch is actively engaged in consultation with NMFS for potential impacts to EFH resulting from the greater federal dredging project.  The MSA Action area for the greater federal dredging project encompasses the area adjacent to Pier 2, Kahului Harbor.  The results of that consultation will be applied to subject proposed action.  A permit for the proposed action will not be issued until the consultation process is completed.

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 of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; 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-2015-00109, and the commentor’s name, address, and phone number.  All comments whether conventional mail or e-mail should be received by midnight on March 31, 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.