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Public Notices Manager

POH-2007-00035

Published Nov. 16, 2012
Expiration date: 12/16/2012

Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States as described below and shown on the attached drawings.

APPLICANT:  Mr. Stuart Allen, Board President, Vacation Internationale

AGENT:  Mr. James Barry, Sea Engineering, Inc.

LOCATION:  On the shoreline of the Pacific Ocean at Hololani Resort Condominiums, located at 4401 Lower Honoapiilani Road, City of Lahaina, Island of Maui, Hawaii (TMK: (2) 4-3-010:009).
Latitude:  20.97296 N   Longitude:  -156.67956 W

WORK:  The proposed project is the construction of a hybrid shore protection structure that combines a vertical seawall with a sloping rock rubble mound revetment.  The structure will protect approximately 370 feet of the approximately 400 feet of shoreline that fronts the Hololani.  The remainder of the shoreline fronting the Hololani property will be left intact as a buffer to minimize end-effect related erosion of the neighboring property to the south.  The north end of the structure will stop and return at the edge of the drainage easement.  The maximum surface area to be filled within Waters of the U.S. is 7,440 square feet.  For additional information on the proposed work as well as proposed site-specific best management practices (BMPs) to be implemented, please see the following attachments.

PURPOSE:  Permanent shoreline erosion protection for the Hololani Resort Condominiums.

ADDITIONAL INFORMATION:  Please see attached.

MITIGATION:  To avoid impacts to waters of the U.S., the project has been designed in such a way that much of the proposed work will occur above the mean high water mark, and that the proposed excavation and construction will occur in the dry with minimal placement of fill material below the high tide line required.  To further minimize impacts to waters, as well as prevent adverse effects to endangered species, BMPs, particularly to control erosion and turbidity, are proposed to prevent detrimental impacts to the aquatic resources present in the near-shore environment adjacent to the proposed project site.  Please see the attached information for details of the proposed BMPs.

WATER QUALITY CERTIFICATION:  The U.S. Army Corps of Engineers (USACE) may not issue a DA permit for any activity that may result in a discharge into waters of the United States until the applicant has obtained a certification or waiver of certification from the State of Hawaii Department of Health – Clean Water Branch as required under Section 401 of the Clean Water Act.

COASTAL ZONE MANAGEMENT ACT CERTIFICATION:  Section 307 of the Coastal Zone Management Act of 1972, as amended, requires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the enforceable policies of the State/Territory’s approved Coastal Zone Management Program and that the activity will be conducted in a manner consistent with the Program.   The USACE may not issue a DA permit until the Office of State Planning, Department of Business, Economic Development, and Tourism has concurred with the applicant's certification.

PUBLIC HEARING:  Any person may request that a public hearing be held to consider this application.  Requests for public hearings must be in writing, within the comment period specified in this notice, and clearly and concisely state the reasons and rationale for holding a public hearing.

CULTURAL RESOURCES:  The latest published version of the National Register of Historic Places (NRHP) has been consulted to assist in determining the presence or absence of historic properties, including those listed in or eligible for inclusion in the NRHP.  There are no listed or eligible properties in the vicinity of the worksite.  Consultation of the NRHP constitutes the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of the presence of such resources.  This application is being coordinated with the State Historic Preservation Office (SHPO).  Any comments SHPO 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 the final assessment of the proposed work.

ENDANGERED SPECIES:  Section 7 of the Endangered Species Act (ESA) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) to ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of species listed as threatened or endangered under the ESA or result in the destruction or adverse modification of designated critical habitat.  Concurrently with the issuance of this public notice, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and provide coordination letters to the NMFS and/or USFWS, as required, with the USACE’s effects determination for the proposed project.

ESSENTIAL FISH HABITAT: The proposed work is being evaluated for possible effects to Essential Fish Habitat (EFH) pursuant to Section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act of 1996 (MSFCMA) (16 U.S.C. 1855 (b)) and associated federal regulations found at 50 CFR Part 600 Subpart K.  The Honolulu District area of responsibility includes EFH for species managed under Fishery Management Plans.  Concurrently with the issuance of this public notice, the USACE will evaluate the potential impacts to EFH and provide a coordination letter to the NMFS, as required, with the USACE’s effects determination for the proposed project.

SPECIAL AREA DESIGNATION:  None

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

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

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.

USACE 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 USACE 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.

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 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 reference number as shown below.  All e-mail comments should be sent to emilee.r.stevens2@usace.army.mil.  Conventional mail comments should be sent U.S. Army Corps of Engineers, Honolulu District, Building 230 (Attn: CEPOH-EC-R), Ft. Shafter, HI 96858-5440.  Both conventional mail and e-mail comments must include the permit applicant’s name and reference number, as shown below, and the commentor’s name, address, and phone number.  Please include the following name and reference number: Vacation Internationale, POH-2007-00035.

Comments on the described work, with the reference number, should 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. Emilee Stevens at (808) 835-4310 if further information is desired concerning this notice.

Additional Project Information and Project Drawings (16 pages) are attached to this Public Notice.



Contact Information

Regulatory Office
Building 230
Fort Shafter, HI  96858-5440
(808) 835-4303
CEPOH-RO@usace.army.mil 

Guam Field Office
Apra Harbor Naval Complex
PSC 455 Box 188
FPO, AP 96540-1088  Guam
(671) 339-2108 
CEPOH-RO@usace.army.mil