SPECIAL PUBLIC NOTICE
EMERGENCY PERMIT APPLICATION PROCESSING PROCEDURES FOR ACTIVITIES IN RESPONSE TO THE MARCH 2021 HEAVY RAIN AND FLOODING EVENTS FOR THE STATE OF HAWAII
The purpose of this notice is to advise the public that the U.S. Army Corps of Engineers, Honolulu District (the "District"), will initiate emergency permit processing procedures in response to impacts associated with the March 2021 flood events. These emergency procedures will be utilized through May 8, 2021, unless modified or rescinded prior to that date, to align with the State of Hawaii Emergency Proclamation.
1. In accordance with 33 CFR 325.2(e)(4), an "emergency" is a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the permit application under standard procedures.
2. It is anticipated that most activities requiring a Department of the Army permit will qualify for authorization under the terms and conditions of the Nationwide Permit (NWP) Program. These activities would be accomplished under the authorities of Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344).
3. For those actions which requires notification, applicants must obtain approval under this Emergency Permit. The USACE will determine whether or not the proposed action is an emergency situation based on information the applicant provides. The following information must be provided to the Honolulu District Office:
a. Name, mailing address and day-time phone number of responsible party (having legal interest to perform the work). Any agent representing the applicant must provide written verification of their designation as agent.
b. Work Description:
(1) The description of work must include an explanation of the nature and circumstance of the emergency.
(2) The project description must include all proposed new work and any work completed and/or begun without prior written authorization from the USACE.
(3) Dredging: Provide area (square feet) of area to be dredged, method of dredging, dredge depth, and estimated cubic yards of material to be dredged. Provide location of disposal area and retention method of dredged material.
(4) Filling of Wetlands: Provide area (square feet) of area to be filled, type of wetlands or other waters of the U.S., and estimated cubic yards of material that will be place in wetlands or other waters of the U.S. Provide type and source of fill material and retention method.
(5) Legible Site Plan showing proposed work area. Construction drawings, if available, are to be provided.
(6) Vicinity Map showing the work area: street address, city, county, state, include central Latitude and Longitude; Section, Township, and Range; river mile (if applicable), etc.
c. Statement from applicant acknowledging the following:
(1) All mitigation, as required by USACE, would be performed.
(2) The work would be performed in a manner that would avoid and minimize impact to waters of the US, including wetlands to the maximum extent practicable.
(3) Should historic or cultural resources be discovered during the work, all work would immediately cease, and the USACE and State Historic Preservation Officer would be immediately notified.
(4) No impacts would occur to federally-listed threatened or endangered species under the Endangered Species Act.
(5) The applicant will comply with conditions included in the permit for purposes of avoiding and minimizing effect to essential fish habitat (EFH).
(6) The work would be completed in an expeditious manner.
(7) In areas of temporary wetland fill, the impacted area would be restored as near as possible to pre-emergency conditions.
c. Information must be provided to the Corps of Engineers, Honolulu District, Regulatory Branch Office
d. Use of these procedures does not obviate the requirement to comply with all applicable laws and regulations. To the maximum extent possible, the District will take the following actions:
(1) Coordinate with the appropriate federal (including EFH and ESA), state, and local agencies.
(2) If the activity does not qualify for an NWP the district will solicit public comments, conduct an alternative analysis, and prepare a focused, concised and timely environmental assessment.
e. After approved emergency work is complete, the permittee must submit the following information to the USACE:
(1) Description of completed work.
(2) Number of acres of waters of the United States and/or wetlands impacted.
3. Authorization granted under emergency permitting procedure does not convey any property rights or exclusive privileges. It does not authorize any injury to the property or rights of others or obviate the need to obtain other federal, state, or local authorizations required by law. In addition, it does not authorize interference with any existing or proposed federal project.
4. Applications made under these procedures must be received prior to May 8, 2021, unless modified or rescinded prior to that date. Work authorized under these procedures must be completed within 90-days from the date the work is authorized, unless a longer period is justified on a case-by-case basis.