Office of Environmental Quality Control THE ENVIRONMENTAL NOTICE A Semi-Monthly Bulletin published pursuant to Section 343-3, Hawaiʻi Revised Statutes David Y. Ige, Governor Scott Glenn, Interim Director 235 South Beretania Street, Suite 702 • Honolulu, Hawaiʻi 96813 Telephone: (808) 586-4185 • Fax: (808) 586-4186 Toll Free: Kauaʻi (800) 274-3141, ext. 64185 Molokaʻi/Lanai (800) 468-4644, ext. 64185 Hawaiʻi (800) 974-4000, ext. 64185 JANUARY Maui (800) 987-2400, ext. 64185 8, 2016 Email: [email protected] Website: http://health.hawaii.gov/oeqc Aloha and mahalo for reading The Environmental Notice. The Environmental Notice provides public notice for projects undergoing environmental review in Hawaii. This is mandated under Section 343-3, Hawaii Revised Statutes (HRS), the Environmental Impact Statement Law. Along with publishing Hawaii’s Environmental Assessments and Environmental Impact Statements, The Environ- mental Notice publishes other items related to the shoreline, coastal zone, and federal activities. OEQC is pleased to announce the hiring of Tom Eisen as OEQC’s new Planner V! Tom has a varied history with the environmental review process, from writing to commenting to reviewing EAs and EISs in the government, pri- vate, and non-profit sectors. OEQC is fortunate to have Tom’s leadership in the office. Also, December 2015 marked the 25th anniversary of Les Segundo as OEQC’s Environmental Health Specialist! Please join OEQC in thanking Les for his years of service to the State and to the Office. On a separate note, OEQC has prepared a revised and corrected calendar for 2016, included on the last page of this issue of The Environmental Notice and on the OEQC SharePoint site. The revised calendar features a new layout in chronological order from left to right and from submittal deadline to EIS comment deadline. In addition to a printable PDF of the calendar, OEQC has prepared a Google calendar (html format) of the calen- dar deadlines for 2016. Anyone can access it online with any web browser or download. Also, one can integrate it into one’s preferred calendar platform (e.g., Outlook, Google, iCal). Click here for .ics format. For guidance on how to do this, OEQC recommends using Google. Sunrise over Lanikai Photo courtesy of Meg DeLisle January 8, 2016 The Environmental Notice GLOSSARY OF TERMS AND DEFINITIONS Agency Actions Act 312-2012, Secondary Actions in National Environmental Policy Act Any department, office, board, or commission of the state the Highway or Public Right Of Way The National Environmental Policy Act (NEPA) requires or county government which is part of the executive Act 312-2012, amended HRS 343, by adding a new federal projects to prepare an EA or EIS. In many ways it branch of that government per HRS 343-2. section (HRS 343-5.5., entitled “Exception to is similar to Hawaiʻi’s law. Some projects require both a State and Federal EIS and the public comment procedure Applicant Actions applicability of chapter.”) HEPA now allows for a statutory exception for “secondary actions” (those that should be coordinated. OEQC publishes NEPA notices in Any person who, pursuant to statute, ordinance, or rule, involve infrastructure in the highway or public right-of- this bulletin to help keep the public informed of important requests approval for a proposed action per HRS 343-2. federal actions. way) provided that the permit or approval of the Draft Environmental Assessment related “primary action” (those outside of the highway Conservation District When an Agency or Applicant proposes an action that or public-right-of-way and on private property) is not Any use of land in the State Conservation District requires triggers HRS 343, an Environmental Assessment shall be subject to discretionary consent and further provided a Conservation District Use Application (CDUA). These prepared at the earliest practicable time to determine that the applicant for the primary action submits applications are reviewed and approved by the Board of whether the actions’ environmental impact will be documentation from the appropriate agency Land and Natural Resources. Members of the public may significant, and thus whether an environmental impact confirming that no further discretional approvals are intervene in the permit process. Notices of permit statement shall be required per HRS 343-5(b), for Agency required. An aid to understanding this is to visualize applications are published in this bulletin. actions and HRS 343-5(e), for Applicant actions. For residential driveway improvements in the public right- actions for which the proposing or approving agency of-way, versus, retail outlet driveway improvements in Special Management Area and Shoreline anticipates a Finding of No Significant Impact (AFNSI), a the public right-of-way. Setback Area Draft EA (DEA) shall be made available for public review Draft Environmental Impact The Special Management Area (SMA) is along the and comment for 30 days and public notice is published in Statement coastline of all islands and development in this area is this periodic bulletin. generally regulated by HRS 205A, and county ordinance. After receiving the comments on the EISPN, the Final Environmental Assessment and Agency or Applicant must prepare a Draft A special subset of the SMA that is regulated by HRS 343, Environmental Impact Statement (DEIS). The is the Shoreline Setback Area. Most development in this Finding of No Significant Impact area requires a Special Management Permit. This bulletin The Agency shall respond in writing to comments on a content requirements of the DEIS shall contain an explanation of the environmental consequences of posts notice of these SMA applications to encourage DEA received during the 30-day review period and public input. prepare a Final EA (FEA) that includes those responses the proposed action including the direct, indirect and to determine whether an environmental impact statement cumulative impacts and their mitigative measures. Shoreline Certifications shall be required. If there are no significant impacts, then The public has 45 days from the first publication date State law requires that Hawaiʻi shorelines be surveyed the Agency will issue a Finding of No Significant Impact in this bulletin to comment on a DEIS. The DEIS and certified when necessary to clearly establish the (FONSI). An Environmental Impact Statement (EIS) will must respond to comments received during the shoreline setback from the certified shoreline. The public not be required and the project has cleared HRS 343 EISPN comment period in a point-by-point manner. may participate in the process to help assure accurate requirements. The public has 30 days from the notice of Final Environmental Impact regulatory boundaries. Private land owners often petition a FONSI in this bulletin to ask a court to require the to have their shoreline certified by the State surveyor prior preparation of an EIS. Statement to construction. This bulletin publishes notice from the After considering all public comments filed during the Department of Land and Natural Resources of shoreline Final Environmental Assessment and DEIS stage, the Agency or Applicant must prepare a certification applicants and final certifications or rejections. Environmental Impact Statement Final EIS (FEIS). The FEIS must respond in a point- Preparation Notice by-point manner to all comments from the draft and Environmental Council must be included in the FEIS. See here for style An EIS shall be required if the Agency finds that the The Environmental Council is a 15-member citizen board concerns. For Applicant projects, the Approving proposed action may have a significant effect on the appointed by the Governor. They serve as a liaison Agency is authorized to accept the FEIS and must do environment. The Agency shall file notice of such between the Director of OEQC and the general public so within 30-days or the FEIS is accepted as a matter determination with OEQC, called an EIS Preparation concerning ecology and environmental quality. The of law. For an Agency project, the Governor or the Notice (EISPN) along with the supporting Final EA. After Council makes the rules that govern the Environmental Mayor (or their designated representative) is the the notice of the FEA-EISPN is published in this bulletin, Impact Statement process (HRS 343). Agendas of their Accepting Authority, and unlike applicant actions, the public has 30 days to request to become a consulted regular meetings are posted on the Internet and the public there is no time limit on the accepting authority party and make written comments. The public (including is invited to attend. reviewing the FEIS. Only after the FEIS is accepted the Applicant) has 60 days from the notice of the EISPN may the project be implemented. Administrative Exemption Lists in this bulletin to ask a court to not require the preparation Government agencies must keep a list describing the of an EIS. Acceptability minor activities they regularly perform that are exempt Act 172-2012, Direct-to-EIS, If the FEIS is accepted, notice of this action is from the environmental review process. These lists and published in this bulletin. The public has 60 days any amendments shall be submitted to the Council for Environmental Impact Statement from the date of notice of acceptance to ask a court to review and concurrence (HAR 11-200-8(d)). This bulletin Preparation Notice (with no EA) vacate the acceptance of a FEIS. For Applicant will publish an agency’s draft exemption list for public Act 172 in 2012 amended HRS 343 by providing for an actions, non-acceptance by the Approving Agency is comment prior to Council decision making, as well as agency to bypass the preparation of an environmental cause for the Applicant to administratively appeal to notice of the Council’s decision on the list. assessment for various actions that in the experience of the Environmental Council.