Jump To

Public Notices


Published May 2, 2013
Expiration date: 6/1/2013

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:  State of Hawaii, Department of Transportation, Harbors Division

AGENT:  Mitsunaga and Associates, Inc.

LOCATION:  Adjacent to Pier 3 at Hilo Harbor, Kuhio Bay of the Pacific Ocean, in the City of Hilo, Island of Hawaii, Hawaii (TMK: (3) 2-1-007:007, 011, 037).
Latitude: 19.728478 N  Longitude:  -155.056306 W

WORK:  The proposed project includes the construction of a new 600-linear-foot reinforced concrete pier to the west of the existing Pier 3 at Hilo Harbor.  The proposed Pier 4 would be constructed by installing fifty-nine 60-inch diameter drilled shafts along the shoreline.  A permanent steel sheet pile and a 12-inch thick concrete wall would be installed on the makai side of the pier prior to the shaft drilling activities.  After the installation of the drilled shafts, drilled shaft pile cap construction activities would proceed.  Changes in the existing shoreline would include installing 287 20-inch octagonal piles along the proposed pier.  A new articulating concrete block (ACB) mattress would be installed on a 200-foot-long slope.  Barges working from the waterway would be used to facilitate the construction of the proposed pier.  The types of materials proposed to be discharged and approximate amounts are as follows: concrete “fill” – 14 cubic yards; concrete – 1,820 cubic yards; armor stone – 240 cubic yards; grout – 85 cubic yards; octagonal crib piles – 390 cubic yards; ACB mattress – 490 cubic yards; crushed rock – 3,600 cubic yards; and, gravel – 2,900 cubic yards.  Additional description and information of work can be found in the attached documents.

PURPOSE: The proposed project purpose is the construction of additional mooring facilities to supply goods and services to the island of Hawaii. 

ADDITIONAL INFORMATION:  Please see attached exhibits.

MITIGATION:  To avoid impacts to waters of the U.S., the proposed project alternative has been chosen to place the proposed pier parallel to the shoreline rather than perpendicular to the shoreline, which would take up more space and limit navigability and future expansion options. To further minimize impacts to waters, as well as prevent adverse effects to endangered species, best management practices (BMPs), are proposed to prevent detrimental impacts to the aquatic resources present within the bay system adjacent to the proposed project site.  Please see the attached information for details of the proposed BMPs.  No additional mitigation measures have been proposed by the applicant at this time.

WATER QUALITY CERTIFICATION:  The Corps 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 as required under Section 401 of the Clean Water Act, from the State of Hawaii Department of Health.

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.  A permit may not be issued 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 state clearly and concisely, the reasons and rationale for holding a public hearing.

CULTURAL RESOURCES:  The latest published version of the National and State Registers of Historic Places (NRHP and SRHP) has been consulted for the presence or absence of historic properties, including those listed in or eligible for inclusion in the National Register of Historic Places.  There is an unevaluated property in the vicinity of the worksite.  It has been designated Site 22486.  Because the property has been determined to lie within the project area, a determination of eligibility and, if needed, a determination of effect will be made in consultation with the State Historic Preservation Officer (SHPO).  This application is being coordinated with 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 our final assessment of the described 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 consultation 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 consultation letter to the NMFS, as required, with the USACE’s effects determination for the proposed project.

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).

( )  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 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.

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 U.S. Army Corps of Engineers 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.

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, email 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 commenter’s name, address, and phone number. Please include the following name and reference number: Hilo Harbor Pier 4, POH-2006-00338.

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 (23 pages) are attached to this Public Notice.


Contact Information

Regulatory Office
Building 252
Fort Shafter, HI  96858-5440
(808) 835-4303

FUDS Office
Building 230
Fort Shafter, Hawaii 96858-544
(808) 835-4084

Guam Field Office
Apra Harbor Naval Complex
PSC 455 Box 188
FPO, AP 96540-1088  Guam
(671) 339-2108 

Civil and Public Works Branch

Civil and Public Works Branch

Bldg. 230 Fort Shafter, HI 96858