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State of Hawaii DEPARTMENT of LAND and NATURAL RESOURCES Division of Boating and Ocean Recreation Honolulu, Hawaii 96819

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State of Hawaii DEPARTMENT OF LAND AND NATURAL RESOURCES Division of Boating and Ocean Recreation Honolulu, Hawaii 96819 May 28, 2021 Chairperson and Members Board of Land and Natural Resources State of Hawaii Honolulu, Hawaiʻi Land Board Members: SUBJECT: Request approval to install a total of twenty-three new day-use mooring buoys at the Makako Bay and Kaukalaelae Point manta ray viewing sites in West Hawaiʻi; approval of an Anticipated Finding of No Significant Impact for the Draft Environmental Assessment applicable to the installation of the twenty-three mooring buoys; and delegation of authority to the Chairperson to make a final determination on the Draft Environmental Assessment. REMARKS: In the 2014 Legislative Session, the Hawaiʻi House of Representatives passed House Concurrent Resolution 170 urging the Department to manage the Kona manta ray viewing sites and address overcrowding, safety, and liability under existing statutes. DOBOR consulted with stakeholders, such as ocean tour providers and recreational ocean users, and devised a list of proposed rules and management measures for the sites, including the installation of additional moorings to increase safety. The arrangement of DMBs at the two sites will offset negative impacts of anchoring on coral reef habitat, minimize unsafe boating practices near participants in-water, and control crowding at the site by requiring use of a mooring to conduct tours. Thus, the Division of Boating and Ocean Recreation (DOBOR) is requesting that the Board of Land and Natural Resources (Board) approve the installation of twenty-three (23) new day-use mooring buoys (DMBs) in Makako Bay and Kaukalaelae Point of North Kona in West Hawaiʻi. Both installation sites lie within designated mooring zones: Makako Bay, within the zone established by Hawaii Administrative Rule (HAR) Section 13-257-20, and Kaukalaelae Point, within the zone established by HAR Section 13-257- 23. DOBOR intends to install twelve (12) new moorings in Makako Bay and eleven (11) new moorings at Kaukalaelae Point. Item J-4 BLNR – Request approval to install 23 New DMBs May 28, 2021 at Makako Bay and Kaukalaelae Point, West Hawaiʻi Page 2 and approval of an anticipated FONSI PERMITTING AND COMPLIANCE WITH STATE AND FEDERAL LAW: In order to comply with Federal Law, DOBOR has procured the appropriate permits from the U.S. Army Corps of Engineers (USACE), Hawaiʻi Department of Health Clean Water Branch (CWB), and the Hawaiʻi Office of Planning Coastal Zone Monitoring Program. Permits are detailed in the table below, and full permit documents are attached as Exhibits to this submittal. Date Agency Permit Permit Number Exhibit Received Sec. 10 Nationwide USACE POH-2019-00099 12/13/2019 A Permit Sec. 401 Water Quality CWB WQC1012 1/10/2019 B Certification Federal Consistency CZM DTS201910180815NA 12/4/2019 C Review In addition, to ensure that each mooring system is structurally sound, DOBOR has developed Best Management Practices for the installation of the DMBs at Makako Bay and Kaukalaelae Point, which were included with the permit applications listed above and approved under the received permits. Common guidance, stipulations, and conditions were incorporated into this project, such as engineering standards, best practices around protected species, and monitoring and maintenance following installation. Pursuant to HAR Section 13-235-6, the National Marine Fisheries Service (NMFS) and DLNR Division of Aquatic Resources (DAR) must determine whether a DMB is detrimental to the habitat or spawning ground of marine life. Through the USACE permitting process, NMFS has been consulted and determined the DMB installations have no detrimental effect to the habitat or spawning ground of marine life. DAR has also been consulted and concurred that the DMBs have no detrimental effect to the habitat or spawning ground of marine life. ENVIRONMENTAL ASSESSMENT: DOBOR has prepared a Draft Environmental Assessment (DEA) and recommends the Board approve an Anticipated Finding of No Significant Impact (AFONSI) in accordance with Hawaii Revised Statutes Chapter 343 and HAR Chapter 11-200. The DEA is attached as EXHIBIT D. DOBOR is additionally requesting that the Board delegate authority to the Chairperson to make a final determination on the EA. BLNR — Request approval to install 23 New DMBs May 28, 2021 at Makako Bay and Kaukalaelae Point, West Hawaii Page 3 and approval of an anticipated FONSI RECOMMENDATIONS: DOBOR requests that: 1. The Board approve the installation of the twenty-three (23) proposed DMBs referenced herein, located in Makako Bay and at Kaukalaelae Point, within established mooring zones off the Kona coast of West Hawaii; 2. The Board approve an AFONSI for the DEA referenced herein; and 3. The Board delegate authority to the Chairperson to make a final determination on the DEA referenced herein. Respectfully Submitted, _( --// EDWARD R. UNDERWOOD, Administrator Division of Boating & Ocean Recreation APPROVED FOR SUBMITTAL: SUZANNE D. CASE, Chairperson Board of Land and Natural Resources Attachments: A. USACE POH-2019-00099 B. Department of Health CWB WQC1 012 C. Office of Planning CZM DTS201910180815NA D. Draft Environmental Assessment for DMB Installation at the Kona Manta Sites with Best Management Practices US Army Corps of Engineers, Honolulu District DEPARTMENT OF THE ARMY PERMIT LETTER OF PERMISSION File Number: POH-2019-00099 Project Title: Day Use Mooring Buoys, Kona, Hilo, HI Subject: Department of the Army Letter of Permission PERMITTEE: Edward Underwood (DLNR-DOBOR) PERMIT NO.: POH-2019-00099 ISSUING OFFICE: U.S. Army Corps of Engineers Honolulu District Regulatory Office (CEPOH-RO) NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. PROJECT DESCRIPTION: To install 26 day use single point mooring buoys around the Island of Hawaii, including eleven moorings at Kaukalaelae Point in Keahou Bay, ten moorings at Garden Eel Cove in Makako Bay (Garden Eel Cove), and five moorings in Hilo Bay. Two of the proposed ten moorings at Garden Eel Cove are proposed to be anchored in sand substrate with manta ray/earth anchors. The remaining eight proposed moorings at Garden Eel Cove and all proposed moorings at the Kaukalaelae Point and Hilo Bay would be installed on boulders, rubble, or coral reef hard substrate with two-point pin anchors consisting of drilling stainless steel bolts drilled and securing with epoxy. The epoxy anchoring for all pin anchors would not exceed a total of one cubic yard. For each of the two proposed manta anchoring systems, the manta anchoring system would be connected to the buoy with an eye splice hose and shackle, a poly rope, and a mid-line weight. For each of the proposed pin anchoring systems, the two pins would typically be placed approximately three to four feet apart and each 3 3 3 connected with a ½-inch shackle, a /8-inch thimble and a 2 /8-inch wire clamp to /8-inch 3 wire rope. The two wire ropes are connected to a 2.5-inch by /8-inch mooring ring, 7 which is connected to the buoy with a /8-inch nylon three-strand line. The mooring buoys would be installed over a period of approximately one month. Water depths in the day-use mooring areas range from 15 to 44 feet deep for Kaukalaelae Point, 15 to 75 feet deep for Garden Eel Cove, and 7 to 38 feet deep for Hilo Bay. In both Kaukalaelae Point and Garden Eel Cove, one of the proposed moorings at each site is intended for recreational use, while the remainder of the proposed moorings are intended for commercial use. All five proposed moorings in Hilo Bay are intended for mixed commercial and recreational use based on first availability. Exhibit A In addition to this letter of permission, the project drawings (Enclosure 2), BMP plan (April 2018) (Enclosure 3) depicting the authorized work, and Department of Aquatic Resources Site Selection Guidelines (Enclosure 4) are also provided as attachments of this permit. PROJECT LOCATION: Kaukalaelae Point (Keauhou Bay): 19.559234 N, -155.967445 W; Makako Bay (Garden Eel Cove): 19.736077 N, -156.058710 W; Kona, Island of Hawaii, Hawaii and Hilo Harbor: 19.741533 N, -155.060257 W Hilo, Island of Hawaii, Hawaii PERMIT CONDITIONS: General Conditions: 1. The time limit for completing the work authorized ends on December 13, 2024. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
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