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Public Notices


Published June 7, 2013
Expiration date: 7/7/2013

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:  Mr. Scott Head, Waikoloa Development Company, 69-152 Waikoloa Beach Drive, Waikoloa, Hawaii  96738.

AGENT:  Mr. Scott Sullivan, Sea Engineering, Inc.  41-305 Kalanianaole Highway, Waimanalo, Hawaii  96795.

LOCATION:  Pacific Ocean at Anaehoomalu Bay, Hawaii Isle, Hawaii. TMK:  (3) 6-9-007: 011 Coordinates:  19.91511 °N, 155.89100 °W.

WORK:  The applicant proposes to rebuild the Kuualii Fishpond rock wall, dredge sand infill from the fishpond, and restore the sand beach fronting the fishpond with the dredged sand.  The rock wall and beach were damaged by the March 11, 2011 tsunami generated by a massive earthquake off the coast of Japan.  Following the tsunami, the U.S. Army Corps of Engineers (Corps) authorized emergency repairs to stabilize the breach in the beach from further erosion while a permanent restoration plan was developed.  The currently proposed work would return the fishpond to its pre-tsunami condition.

Although only the middle 220-ft wide portion of the wall was damaged by the tsunami, the applicant proposes to replace the entire 690 linear feet of rock wall within the fishpond to ensure stability throughout the structure.  Activities to reconstruct the rock wall would involve complete demolition, excavation, and temporary removal of the existing cemented rock wall including underlying foundation and surrounding cover (sand) material. Usable rock wall material would be reserved from the demolition of the existing wall for reuse in the construction of the proposed wall, with additional fill material added as needed (see plans in Appendix A).  The footprint of the reconstructed wall would be 690 feet long by 6 feet wide.  An estimated 580 cubic yards of stone and 190 cubic yards of concrete rubble masonry (CRM) material would be placed below the high tide line, which was approximated to the mean higher high (MHHW) elevation of +2.1 feet, filling a 4,140 square feet (0.095 acre) area.

The applicant also proposes to dredge approximately 800 cubic yards of sand from within the fishpond with the intention of disposing the dredged material on-site in an upland area above of the high tide line..  Dredging activities would utilize mechanical equipment (i.e., excavator with bucket) working only from the fishpond’s adjacent bank.  No hydraulic or suction equipment would be used; therefore, no water slurry would be generated and there would be no need to dewater effluent from the dredged material. A turbidity barrier would be placed in the pond around the work area and dredged sand would be initially placed within the confines of a sand berm creating using existing sand on the beach crest to be evenly distributed upon completion of dredging activities. The work would not include dredging activities to recover sand in nearshore water areas outside of the fishpond.  

PURPOSE:  Fishpond maintenance.   

ADDITIONAL INFORMATION: Kualii Fishpond is a “loko puuone”, or sand dune pond, located adjacent to the Pacific Ocean at Anaehoomalu Bay and the Waikoloa Beach Marriott Resort.  Until tsunami waves caused a breach in the beach fronting the fishpond, the fishpond maintained a limited and indirect connection to the ocean through a sluice from the neighboring Kahapapa Fishpond.  In the 1980s, the resort constructed the rock wall to line the makai or shoreward edge of the pond to prevent sand from migrating inland and filling the fishpond.  However, the March 11, 2011 tsunami caused a 100-foot wide breach through the beach sand dune and damaged an approximately 220 linear ft portion of the rock wall.  The event also displaced an estimated 9,000 cubic yards of sand from the beach, pushing sand into the pond and pulling it offshore into shallow waters. 

In July 2011, the Corps issued POH-2011-93 authorizing initial emergency work to stabilize the beach and tsunami-damaged rock wall.  The emergency work consisted of the temporary installation of six (6) 120-ft long by 15-ft circumference sand-filled barrier tubes at the breach. Since then, sand has gradually accumulated back to rebuild the beach and has partially buried the sand tubes.  Removal of the sand tubes would require excavation and cause the protective sand berm to destabilize, resulting in further beach erosion.  As a result, the applicant proposes to leave the sand-filled tubes permanently in place.      

Project plans (Appendix A) and a Best Management Practices Plan (BMPP) (Appendix B) are included with this notice.   

MITIGATION:  The need to repair the damaged rock wall and restore pond depth in waters of the U.S. made avoidance of impacts to waters of the U.S. not practicable.  Some of the minimization measures described in the BMPP to protect the aquatic ecosystem include no stockpiling of construction materials in waters, restricting fueling related vehicles and equipments away from the water, daily inspections to ensure silt fences are functioning, and rubbish is disposed of properly.  In addition, other measures are included to protect marine species and the public from impacts resulting from construction activities.  Based on the aforementioned, the applicant proposes no additional mitigation as the project involves an in-kind and in-place replacement of an existing structure.

WATER QUALITY CERTIFICATION:  The proposed action would result in a discharge of dredged or fill material into a water of the U.S. and would require authorization from the Corps under Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344) (CWA).  Under Section 401 of the CWA, the Corps may not issue a permit for the described work until the applicant obtains a certification, or a waiver of certification, from the State of Hawaii, Department of Health, Clean Water Branch. 

COASTAL ZONE MANAGEMENT ACT CERTIFICATION:  The proposed action 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 (16 U.S.C. 1456(c)(3)) (CZMA), the Corps may not issue a permit for the described work until the applicant certifies that the described activity affecting land or water uses in the coastal zone complies with the State’s Coastal Zone Management (CZM) Program.  The State’s CZM Program has issued a General Concurrence for Minor Federal Permit Activities for Hawaiian Fishpond Restoration, Repair, Maintenance, and Reconstruction, dated May 3, 2013.  The applicant is responsible for compliance with the listed conditions of the general concurrence, which includes a notification requirement to the State of Hawaii, Department of Business, Economic Development, and Tourism, Office of Planning, CZM Program.

PUBLIC HEARING:  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 must state clearly and concisely, the reasons and rationale for holding a public hearing.

CULTURAL RESOURCES:  The latest published versions of the National and State Registers of Historic Places (NRHP and SRHP, respectively) have been consulted for the presence or absence of historic properties, including those listed in or eligible for inclusion in the NRHP.  The Kualii Fishpond is bounded within tax map key (TMK) 3-6-9-007: 011, which may be within or adjacent to unspecified parcel(s) containing portions of the Ala Loa Foot Trail (site number 10 10 and 11, 334), an historic site listed on the SRHP.  Because the historic site may be at or in parcels adjacent to the project area, 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 of 1973 (16 U.S. C. 1531 et seq.) (ESA) requires federal agencies to 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.  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) the Magnuson Stevens Fishery Conservation and Management Act of 1996 (16 U.S.C. 1855(b)) (MSFCMA) and associated federal regulations found at 50 CFR Part 600 Subpart K.  The Honolulu District area of responsibility 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 the National Marine Fisheries Service (NMFS).  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 of the Rivers and Harbors Act 1899 (33 U.S.C. 403).

(X)  Discharge dredged or fill material into waters of the United States – Section 404 of the Clean Water Act (33 U.S.C. 1344).  The Corps’ public interest review will consider the guidelines developed under Section 404(b)(1) of the CWA, which are promulgated at 40 CFR Part 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 proposed work. 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 joy.n.anamizu@usace.army.mil. Conventional mail comments should be sent U.S. Army Corps of Engineers, Honolulu District, Building 230 (Attn: CEPOH-EC-R/J. Anamizu), Fort 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. Both conventional mail or e-mail must reach this office, no later than the expiration date of this public notice to ensure consideration. Please include the reference number: POH-2012-00271.

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. Joy Anamizu at (808) 835-4308 if further information is desired concerning this notice. This public notice is issued by the Chief, Regulatory Branch.

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