Draft Environmental Impact Statement – Advanced Technology Solar Telescope (ATST) 5.0 NOTIFICATION, PUBLIC INVOLVEMENT, AND CONSULTED PARTIES Pursuant to the NEPA and upon recommendation by the State of Hawai‘i Dept. of Health, OEQC, agencies, individuals, and organizations were notified, contacted, or consulted during the course of planning for the Proposed Action or in the course of preparing studies or submitting applications for various approvals. Details of public and agency disclosure and involvement regarding the Proposed Action consisting of pre-assessment notification letters, agency and media announcements, documentation distribution lists, and public scoping meetings are detailed in the following subsections. The public was given the opportunity to comment during required disclosure periods. Responses to issues and concerns were addressed by the ATST point-of-contact. Additional public disclosure and involvement throughout the EIS and permitting process would be approached using similar methods. In accordance with HAR §11-200-15, substantive comments in Appendix K-Public Comments and Responses received written responses. For those comments that could not be accepted, the responses included explanations of the reasons why they could not be accepted in the DEIS, along with the factors of overriding importance that warranted non-acceptance. All comments were carefully evaluated during the preparation of this Draft EIS and, where feasible, they were incorporated into the analysis of the affected environment, analysis of potential impacts that could result from the Proposed Action, and mitigations to those potential impacts. Full consideration was given to the concerns, suggestions, information, and documentation provided by the commenting individuals, groups, and agencies. 5.1 FEDERAL AND STATE NOTIFICATION 5.1.1 Federal Notification Advisory Council on Historic Properties The ACHP was sent a formal notification letter in June 2005 announcing the intent of the NSF to prepare an EIS for the Proposed Action. This pre-assessment letter included a project description with the intent to publish an EIS, detailed information about the three Public Scoping Meetings, and ATST project management contact information. On July 6, 2006, a letter was sent to the ACHP informing the ACHP of the finding of adverse effect regarding the proposed undertaking. The letter also included a list of organizations and individuals the NSF has been in consultation with throughout the Section 106 process, a copy of CKM Cultural Resources’ evaluation for the proposed project, and a copy of a letter that was sent to Melissa Kirkendall, Maui archaeologist, SHPD, requesting concurrence of the agency’s adverse effect finding (ACHP, 2006). Additional information pursuant to Section 800.11(e) of the ACHP’s regulations will be submitted to the Council for their review and determination of whether their participation in this matter is warranted. 5 - 1 Draft Environmental Impact Statement – Advanced Technology Solar Telescope (ATST) Federal Register The Federal Register is a legal newspaper published every business day by the National Archives and Records Administration (NARA). The Federal Register contains: Federal Agency Regulations, Proposed Rules and Notices, EOs, Proclamations, and Other Presidential Documents. The Proposed Action comes under the Federal Register’s organizational category of “Notices, including scheduled hearings and meetings open to the public, grant applications, and administrative orders.” Figure 5-1 is the Notice of Intent (NOI) for the Proposed Action that was published in the Federal Register on Thursday, June 23, 2005 in Vol. 70, No. 120/Notices. Detailed information regarding three public scoping meetings that were held on Maui in July 2005 was also included in the NOI for the Proposed Action. Figure 5-1. Federal Register Notice of Intent. 5 - 2 Draft Environmental Impact Statement – Advanced Technology Solar Telescope (ATST) 5.1.2 State of Hawai‘i Notification Office of Environmental Quality Control The OEQC was established in 1970 to help stimulate, expand and coordinate efforts to maintain the optimum quality of the State's environment. The OEQC implements the Environmental Impact Statement law, Chapter 343, HRS. If the lead agency decides that a project may have a significant environmental impact, it must prepare an EIS prior to implementing the project. Figure 5-2 is the Announcement for the Proposed Action that was published in the June 23, 2005 issue of the OEQC Bulletin. Detailed information regarding three public scoping meetings that were held on Maui in July 2005 was also included in the announcement for the Proposed Action. Figure 5-2. Office of Environmental Quality Control Environmental Announcement. 5 - 3 Draft Environmental Impact Statement – Advanced Technology Solar Telescope (ATST) 5.2 PRE-ASSESSMENT NOTIFICATION Formal notification letters were sent in June 2005 to State of Hawai‘i elected officials, organizations, federal and state agencies, and community individuals (Table 5-1) announcing the intent of the NSF to prepare an EIS for the Proposed Action. Each pre-assessment letter included a project description with the intent to publish an EIS, detailed information about the three Public Scoping Meetings, and ATST project management contact information. Table 5-1. Pre-Assessment Notification Distribution List, June 2005. STATE OF HAWAI‘I ELECTED OFFICIALS 1 Congressman Ed Case 8 Senator Chris Halford 2 Congressman Neil Abercrombie 9 Senator J. Kalani English 3 Council Member Charmaine Tavares 10 Senator Kyle Yamashita 4 Council Member Mike Molina 11 Senator Mele Carroll 5 Council Member Robert Carroll 12 Senator Rosalyn Baker 6 Honorable Governor Linda Lingle 13 U. S. Senator Daniel Akaka 7 Mayor Alan Arakawa 14 U. S. Senator Daniel Inouye AGENCIES Affiliation Last Name First Name 1 Advisory Council on Historic Preservation, Council on Environmental Quality 2 Air Force Maui Optical Supercomputing Site Richert Lt. Col. Brent 3 Boeing LTS, L&EOS Hawai‘i Director Zelenka Richard 4 County of Maui, Dept. of Parks and Recreation, Director Correa Glenn 5 County of Maui, Dept. of Planning, Director Foley Mike 6 County of Maui, Police Dept. -Telecommunications Pacheco Walt 7 Federal Aviation Administration, Young Darice Realty Contracting Officer 8 Haleakalā National Park Service, Superintendent Reeser Donald 9 Hawai‘i Telecom, Area Manager Tanabe Winslow 10 Maui County Chief of Police Phillips Thomas 11 Maui County Cultural Resources Commission Sablas Lorraine 12 Maui Economic and Development Board, Liu Tom Program Director High Tech Maui 13 Maui Electric Company, Inc. Yamasaki Craig 14 National Weather Service/NOAA, Suekawa Carl Communications Manager 15 Raycom Media, Inc., Director of Engineering Aotaki Keith 16 Raycom Media, Inc., General Manager Fink John 17 Sandia Laboratories, Site Manager Vigil Orlando 18 State Historic Preservation Division, Dagher Cathleen Asst. Maui Archaeologist 5 - 4 Draft Environmental Impact Statement – Advanced Technology Solar Telescope (ATST) Table 5-1. Pre-Assessment Notification Distribution List, June2005 (cont.). AGENCIES Affiliation Last Name First Name 19 State Historic Preservation Division, Administrator Chinen Melanie 20 State Historic Preservation Division, Kirkendall Melissa Maui Archaeologist 21 State of Hawai‘i, Department of Accounting and General Hlivak Robert Services Public Works, Information and Communications Services Division 23 State of Hawai‘i, Department of Accounting and Victor David General Services Public Works, Maui Branch Engineer 24 State of Hawai‘i, Department of Business, Economic Mitsuda Abe Development and Tourism, Office of Planning, Land Use Division 25 State of Hawai‘i, Department of Transportation, Ginoza Kyle Maui Director 26 State of Hawai‘i, Department of Transportation, Director Haraga Rodney 27 State of Hawai‘i, Dept. of Hawaiian Homelands Land Management Division (Non-Homestead) 28 State of Hawai‘i, Dept. of Land and Natural Resources, Maxwell, Sr. Kahu Charles Island Burial Council 29 State of Hawai‘i, Dept. of Land and Natural Resources, Lemmo Samuel Office of Conservation and Coastal Lands 30 State of Hawai‘i, Dept. of Land and Natural Resources, Ueoka Meyer Division of Forestry and Wildlife, Maui Wildlife Manager 31 State of Hawai‘i, Dept. of Land and Natural Resources, Duvall, II Dr. Fern Division of Forestry and Wildlife, Wildlife Biologist 33 State of Hawai‘i, Dept. of Land and Natural Resources, Ornellas Daniel Land Division, Land Agent-Maui 35 State of Hawai‘i, Dept. of Land and Natural Resources, Nohara Torrie Maui Na Ala Hele Advisory Council, Trails and Access Specialist 36 State of Hawai‘i, Dept. of Land and Natural Resources, Cumming John Division of Forestry and Wildlife, Branch Manager 38 State of Hawai‘i, Office of Hawaiian Affairs, Chair Apoliona Haunani 39 State of Hawai‘i, Office of Hawaiian Affairs, Shimaoka Thelma Community Resource Coordinator 40 U. S. Department of Energy Yoshinaka Eileen 41 U. S. Department of Interior, Newman Jeff Fish and Wildlife Service, Acting Field Supervisor 42 U. S. Environmental Protection Agency Higuchi Dean Pacific Islands Contact Office, Region 9 5 - 5 Draft Environmental Impact Statement – Advanced Technology Solar Telescope (ATST) Table 5-1. Pre-Assessment Notification Distribution List, June2005 (cont.). COMMUNITY MEMBERS Affiliation Last Name First Name 1 Hui Ala Nui O Makena Hall Dana 2 Kaho‘olawe Island Reserve Commission Kahoohalahala Sol 3 Kipahulu Community Association Lind