The Environmental Notice provides public notice for projects undergoing environmental review in Hawaiʻi as mandated under Section 343-3 Hawaiʻi Revised Statutes the Environmental Impact Statement Law Along with publishing Environmental Assessments and Environmental Impact Statements for projects in Hawaiʻi The Environmental Notice also includes other items related to the shoreline coastal zone and federal activities

March 8 2021

West Kauaʻi will finally get a base yard on vacant land in Hanapēpē for DLNRs numerous field operations in the region Photo from Draft EA for West Kauaʻi Field Operations Facility

235 South Beretania Street Suite 702 bull Honolulu Hawaiʻi 96813 bull (808) 586-4185 bull oeqchawaiidohhawaiigov bull httphealthhawaiigovoeqc

David Y Ige Governor

March82021 TheEnvironmentalNotice

2

Table of Contents

LEGEND New document count in this issue 5 total - HRS sect 343-5(b) Agency Actions 4 - HRS sect 343-5(e) Applicant Actions 1

Statewide Map of New HRS Chapter 343 Documents amp Determinations

West Kauaʻi Field Operations FacilityWest Kauaʻi Field Operations Facility

AnnouncementThe Missile Defense Agency (MDA) is reopening the public scoping period for the Homeland Defense RadarndashHawaii (HDR-H) federal Environmental Impact Statement (EIS) due to changes in the proposed alternatives In 2018 the HDR-H alternatives included Kuaokalā Ridge (KR) adjacent to the US Air Force Kalsquoena Point Satellite Tracking Station on state-owned land and two alternative sites at US Army Kahuku Training Area (KTA) In 2020 the MDA removed the KR and KTA Site 2 alternatives from further consideration for HDR-H and added a new alternative at the US Navy Pacific Missile Range Facility (PMRF) on the island of Kaualsquoi As a result of these changes in the proposed alternatives the project no longer proposes to use State lands and thus HRS Chapter 343 is no longer triggered The reopened scoping period for the federal EIS runs from February 26 2021 to April 12 2021 Click here to see the announcement for telephone public meetings (March 23 and 25) visit the MDA website here and see the Federal Register entry here

Announcement 2Statewide Map of New HRS Chapter 343 Documents amp Determinations 2HawaiʻiUniversity of the Nations Kona Inc Master Plan Update--

(EISPN) 3Waimea Roadway Improvements--Draft EA (AFNSI) 3MauiHonokōwai Water System Improvements (No Supplemental

EIS Required) 4OʻahuKekaulike Mall amp Kekaulike Street Multimodal Improvements

--Draft EA (AFNSI) 4

KauaʻiWest Kauaʻi Field Operations Facility--Draft EA (AFNSI) 5Previously Published Documents Open for Comment 5Exemption Declaration 6Lists of Exemption Notices 6Exemption List Concurrence 6Shoreline Notices

Applications for Shoreline Certification 6Coastal Zone Management Notices

Special Management Area (SMA) Minor Permits 7Federal Notices 7Glossary of Terms and Definitions 8

Kekaulike Mall and StreetKekaulike Mall and StreetHonokōwai Water SystemHonokōwai Water System

Waimea Roadway Waimea Roadway ImprovementsImprovements

University of the Nations KonaUniversity of the Nations Kona

March82021 TheEnvironmentalNotice

3

University of the Nations Kona Inc 2020 Master Plan Update--(EISPN)HRS sect343-5(a) Trigger

(1) Propose the use of state or county lands or the use of state or county funds

District(s) South KonaTMK(s) (3) 7-5-010085 and (3) 7-5-017006Permit(s) Numerous (see document)Approving Agency

Land Use Commission State of HawaiʻiRiley Hakoda (808) 587-3824 rileykhakodahawaiigovPO Box 2359 Honolulu HI 96804

Applicant University of the Nations Kona Inc 75-5851 Kuakini Highway 248 Kailua-Kona HI 96740Paul Childers (808) 756-1299 campusdirectoruofnkonaedu

Consultant G70 111 S King Street Suite 170 Honolulu HI 96825Jeffrey Overton (808) 441-2104 jeffg70design

Status Administrative 30-day public review and comment period starts Comments are due by April 7 2021 Please send comments to the approving agencyaccepting authority and copy the applicant and consultant A virtual EIS Public Scoping meeting will be held via zoom on Thursday March 25 2021600-800PM connect here

The Proposed Action is the University of the Nations Kona Incrsquos proposed expansion of its existing campus located in Kai-lua-Kona on the Island of Hawailsquoi onto two neighboring parcels identified by Tax Map Keys (3) 7-5-010085 and 7-5-017006 that were reclassified to the State Land Use Urban District by the State of Hawailsquoi Land Use Commission in Docket No A02-737 Fully developed the Proposed Action will include student housing academic instruction buildings student center lower school athletic facilities chapel maintenance and storage facilities and support infrastructure which includes expansion of the exist-ing spine road a secondary access point off Kuakini Highway and necessary roadway improvements The Proposed Action will require the Applicant to file a motion with the LUC to amend it Findings of Fact Conclusions of Law and Decision and Order for a Land Use District Boundary Amendment dated August 8 2003 and Change of Zone

Hawaiʻi

Waimea Roadway Improvements--Draft EA (AFNSI)HRS sect343-5(a) Trigger

(1) Propose the use of state or county lands or the use of state or county funds

District(s) South KohalaTMK(s) (3) 6-5-003005 6-5-004027 6-5-005021 025 6-5-007001Permit(s) HRS Chapter 6E Community Noise PermitVariance County Grading PermitProposingDetermining Agency

Department of Transportation State of HawaiʻiKen Tatsuguchi (808) 375-6038 kentatsuguchihawaiigov869 Punchbowl Street Room 301 Honolulu HI 96813

Consultant SSFM International 99 Aupuni Street Suite 202 Hilo HI 96720Jennifer Scheffel (808) 375-6038 jscheffelssfmcom

Status Statutory 30-day public review and comment period starts Comments are due by April 7 2021 Please send comments to the proposingdetermining agency at jmscheffelgmailcom

The State of Hawaiʻi Department of Transportation (HDOT) Highways Division has identified projects that would improve safety and relieve congestion within Waimea Town The proposed project would include multimodal safety and operations improve-ments to existing roadways within the town of Waimea including the following

bull Installation of a roundabout at the Kawaihae Road and Lindsey Road intersectionbull Roadway improvements along Kawaihae Road between Lindsey Road and Opelo Road includingbicycle and pedestrian treatments along both sides of the Kawaihae Road to Opelo Roadbull Intersection improvements at Mamalahoa Highway and Lindsey Roadbull Bicycle and pedestrian treatments along Mamalahoa Highway between Waimea School and PukalaniRoadDepending on funding availability project components may be constructed in phases

March82021 TheEnvironmentalNotice

4

Honokōwai Water System Improvements (No Supplemental EIS Required)HRS sect343-5(a) Trigger

(1) Propose the use of state or county lands or the use of state or county funds

District(s) LahainaTMK(s) (2) 4-5-021 Lot 020Permit(s) BuildingGrading and Grubbing permitsProposing Agency

Department of Hawaiian Home Lands State of HawaiʻiStewart Matsunaga Acting Administrator Land Development Division (808) 620-928391-5420 Kapolei Parkway Kapolei HI 96707 Stewart tmatsunagahawaiigov

Accepting Authority

Governor State of Hawaiʻico Sara Lin (808) 586-0805 saranlinhawaiigovExecutive Chambers State Capitol Honolulu HI 96813

Consultant Munekiyo Hiraga 305 High Street Suite 104 Wailuku HI 96793Bryan Esmeralda AICP Senior Associate (808) 983-1233 planningmunekiyohiragacom

Status The accepting authority has determined that a Supplemental EIS is not requiredThe State of HawaiI Department of Hawaiian Home Lands (DHHL) proposes water system improvements on lands located in Wahikuli Maui Hawaii The goal of the project is to utilize an existing drilled and cased test well located in Honokōwai Maui as a potable water source to service DHHLs proposed 253 single-family residential units of the future planned Villages of Leia-lii Village 1 Phase 1B subdivision a portion of the future Villages of Leialii master-planned project to be developed by the Hawaii Housing Finance and Development Corporation (HHFDC) and as capacity permits DHHLs Honokōwai lands for future planned agricultural residential and commercial purposes The DHHL proposed to construct water system improvements in both Honokōwai and Wahikuli Part of the Wahikuli area improvements involves a new reservoir and related distribution lines

These components were contemplated as part of HHFDCs 2012 Final Environmental Impact Statement (FEIS) for its proposed Villages of Leialii development As these project components are similar in nature and are not anticipated to result in addition-al impacts beyond those discussed in the FEIS the Accepting Authority of the 2012 FEIS in coordination with the DHHL has determined that a Supplemental FEIS is not required

Maui

Kekaulike Mall and Kekaulike Street Multimodal Improvements--Draft EA (AFNSI)HRS sect343-5(a) Trigger

(1) Propose the use of state or county lands or the use of state or county funds

District(s) HonoluluTMK(s) NA (Street Right-of-Way)Permit(s) Minor Modification of Special District Permit Lane UseOccupancy Permit for

Construction Activity State Department of Health Noise Permit National PollutantDischarge Elimination System (NPDES) Permit GradingBuilding Permits

ProposingDetermining Agency

Department of Transportation Services City and County of HonoluluHonglong Li (808) 768-8303 hlihonolulugov650 South King Street 3rd Floor Honolulu HI 96813

Consultant PBR HAWAII amp Associates Inc 1001 Bishop Street ASB Tower Suite 650 Honolulu HI 96813Catie Cullison (808) 521-5631 ccullisionpbrhawaiicom

Status Statutory 30-day public review and comment period starts Comments are due by April 7 2021 Please send comments to the proposingdetermining agency and copy the consultant

Infrastructure and streetscape improvements along the entirety of Kekaulike Mall and Kekaulike Street The ldquoshared-use streetrdquo concept is designed to improve pedestrian accessibility safety connectivity and wayfinding while promoting economic activity and enhancing the experience of residents and visitors in Chinatown

Oʻahu

No Image Available

March82021 TheEnvironmentalNotice

5

West Kauaʻi Field Operations Facility--Draft EA (AFNSI)HRS sect343-5(a) Trigger

(1) Propose the use of state or county lands or the use of state or county funds

District(s) WaimeaTMK(s) (4) 1-8-008 020 (por)Permit(s) Numerous (see document)ProposingDetermining Agency

Department of Land and Natural Resources State of HawailsquoiDani Yoo (808) 587-0258 daniyoohawaiigov1151 Punchbowl Street Room 221 Honolulu HI 96813

Consultant SSFM International Inc 501 Sumner Street Ste 620 Honolulu HI 96817Jared Chang (808) 356-1242 jchangssfmcom

Status Statutory 30-day public review and comment period starts Comments are due by April 7 2021 Please send comments to the proposingdetermining agency and copy the consultant

The State Department of Land and Natural Resources (DLNR) is proposing to construct a new Field Operations base yard in Hanapēpē Waimea Kauaʻi The proposed site is located on a vacant 10-acre site identified as Tax Map Key (4) 1-8-008 portion of 020 and is bordered by Hanapēpē Park to the north Lele Road to the east Kauaʻi Veterans Cemetery to the south and ag-ricultural land to the west There are no DLNR facilities on the west side of Kauarsquoi to support daily operations and emergency response for these areas which includes Kōkersquoe Waimea Canyon and Polihale State Park Currently DLNR support for West Kaualsquoi is based out of Līhulsquoe which incurs lengthy daily commute time added labor and avoidable fuel consumption for these DLNR divisions Aquatic Resources Conservation and Resources Forestry and Wildlife Boating and Ocean Recreation State Parks State Historic Preservation Division Engineering Division and Land Division

Kauaʻi

Previously Published Documents Open for CommentStatus Public review and comment period for these projects began previously Please click on the links below to access and send comments to the relevant agency and copy any relevant applicant andor consultant

Comments Due March 10 2021OʻahuWaiawa Correctional Facility permits--Draft EA (AFNSI)Waikele Elementary School New Classroom Building--Draft EA (AFNSI)Million Air - Kalaeloa Airport FBO and Fuel Farm Facility--Draft EA (AFNSI)Moore Residence - New and Existing Detached Two Family Dwellings--Draft EA (AFNSI)

Comments Due March 25 2021HawaiʻiDLNR North Kona Administration Building and Base Yard--Draft EA (AFNSI)Pāhoa Public Library Site Selection--Draft EA (AFNSI)MauiWest Maui Recycled Water System--Draft EA (AFNSI)OʻahuVerizon Wireless Lanikai Communications Facility--Draft EA (AFNSI)

Comments Due April 9 2021HawaiʻiWest Hawaiʻi Regional FMA Commercial Aquarium Permits--Revised Draft EIS

March82021 TheEnvironmentalNotice

6

Exemption DeclarationThe Department of Hawaiian Home Lands State of Hawaiʻi has declared the following action exempt from the requirement to prepare an EA pursuant to HAR sect 11-2001-16 and has voluntarily requested that this exemption notice be published

Palsquoupena Community Development Cattle and Farming Education and Demonstration Project Makawao MauiThe project is intended to reconnect and provide agriculture and pastoral training resources to Hawaiian Home Landrsquos native Hawaiian beneficiaries on Maui awaiting land awards The project area will be broken into five fields Fields one through four are proposed various animal husbandry activities including pastures and animal paddocks The four fields utilized for animal husbandry will range in size from 11 to 1027 acres The fifth field a 14-acre area is proposed for an educational agriculture demonstration site The area is enclosed by fencing See figure entitled ldquoMaster Plan Maprdquo Actions necessary to support the project include (1) Restore the existing perimeter and boundary fencing by repairing existing fence and installing new fencing where missing  (2) Restore existing paddock fencing by repairing existing fence and installing new fencing where missing (3) install water-catchment system and associated structure and photo-voltaic system (4) install an irrigatation tranmission system for the agriculture demonstation area and (5) repair and improve of existing dirt roads

Exemption List ConcurrenceThe following agency exemption list which serves as guidance for agencies in making exemptions has been submitted to the Environmental Council (EC) for review and concurrence At the request of the EC this draft exemption list is being published for public review and comment please click on the following link to view the list and submit any comments by March 23 2021 to oeqchawaiidohhawaiigov Department of Hawaiian Home Lands State of Hawaiʻi

Lists of Exemption NoticesPursuant to HAR sect 11-2001-17 State and county agencies that have determined specific actions to be exempt from the re-quirement to prepare an EA are required to submit a listing of such exemptions made during the previous month Following are Lists of Exemption Notices submitted by various agencies for February 2021 contact the identified agency contact on each list for additional information about any specific exemption

State of Hawaiʻi County of MauiDepartment of Hawaiian Home Lands Department of PlanningDepartment of Land and Natural Resources Department of Public WorksHawaiʻi Housing Finance Development Corporation Department of Water SupplyCity and County of HonoluluDepartment of Design and ConstructionDepartment of Planning and Permitting

Shoreline NoticesApplications for Shoreline Certification

The shoreline certification applications below are available for review at the Department of Land and Natural Resources offices on Kauaʻi Hawaiʻi Maui and Honolulu 1151 Punchbowl Street Room 220 (HRS sect 205A-42 and HAR sect 13-222-12) All comments shall be submitted in writing to the State Land Surveyor 1151 Punchbowl Street Room 210 Honolulu HI 96813 and postmarked no later than 15 calendar days from the date of this public notice of the application For more information call Ian Hirokawa at (808) 587-0420

File No Location TMK Applicant OwnerMA-753 4680 Makena Alanui Road Maui

96753(2) 2-1-012 013 Ailana Surveying amp Geomatics LLC TE Revocable Trust Thomas H

Gonser TrusteeHA-597 15-2771 A Papio St Hawaiʻi (3) 1-5-088 009 Daniel Berg dlb amp associates LLC Jana BurtonHA-598 no physical address Hawaiʻi (3) 8-8-005 092 Wes Thomas Associates Jean David HsuKA-456 3500 ʻAnini Road Kauaʻi 96754 (4) 5-3-006 019 Lucas Breckenridge amp Associates Inc Charles L M Dunlop Living Trust

March82021 TheEnvironmentalNotice

7

Coastal Zone Management NoticesSpecial Management Area (SMA) Minor Permits

The SMA Minor permits below have been approved (HRS sect 205A-30) For more information contact the relevant countystate planning agency Honolulu (768-8014) Hawaiʻi (East 961-8288 West 323-4770) Kauaʻi (241-4050) Maui (270-7735) Kakaʻako or Kalaeloa Community Development District (587-2841)

Location (TMK) Description (File No) ApplicantAgentKaualsquoi Hanalei (5-5-004018) Five Feet Ten Inch (5rsquo10rdquo) High by One Hundred Forty

Linear Feet Fence (SMA(M)-2021-10)ADA Properties LLC Mauna Kea Trask

Maui Lahaina (4-6-005 030) New Swimming Pool (SM2 20200099) Gordon McCloudMaui Kīhei (3-9-004 061) Install Seabird Information Sign (SM2 20200104) Department of Land and Natural ResourcesMaui Haʻikū (2-9-002 019) New Farm Access Road Fencing Gates Water Pump and

Solar Panels (SM2 20210003)David and Shelley Sellers

Maui Hāna (1-3-002 049) Install Two Containers to Store Farm Equipment and Act as an OfficeStorage of Farm Products (SM2 20210008)

Praveen Koratala and Sree Koratala

Maui Lahaina (4-3-010 007) Installation of New Antennas (SM2 20210009) T-Mobile co SynergyMaui Kīhei (3-9-035 029) Single-Family Residence with Carport and Related Im-

provements (SM2 20210010)Darryl Banks

Olsquoahu Waiʻanae (8-7-026 056) New Carport (2021SMA-3) BBJ LLCOlsquoahu Niu Beach (3-7-001 032) Meek Residence After-the-Fact Swimming Pool Alteration

and Repair (2021SMA-5)Matin MeeksUmur A Turkalp

Olsquoahu Kakalsquoako (2-1-060 008 por)

Installation of Two Office Containers with Perimeter Se-curity Fence and Gates (SMA21-1)

Department of Parks and Recreation City and County of Honolulu

As a courtesy listed below are some relevant entries from the Federal Register published since the last issue of The Environ-mental Notice For more information click on the title link also available at wwwfederalregistergov

Notice Marine Mammals File No 23960 (published by the National Oceanic and Atmospheric Administration on 03052021)Notice is hereby given that Minnesota Zoological Gardens 13000 Zoo Boulevard Apple Valley MN 55124 (Responsible Party Tony Fisher) has applied in due form for an enhancement permit for captive Hawaiian monk seals (Neomonachus schauinslan-di) Written telefaxed or email comments must be received on or before April 5 2021 For further information click on the title link of this entry or contact Jennifer Skidmore or Sara Young (301) 427-8401

Notice Western Pacific Fishery Management Council Public Meetings (published by the National Oceanic and Atmospheric Administration on 03022021)The Western Pacific Fishery Management Council (Council) will hold meetings via web conference of its Non-commercial Fish-eries Advisory Committee (NCFAC) American Samoa Archipelago Fishery Ecosystem Plan (FEP) Advisory Panel (AP) Mariana Archipelago FEP-Guam AP Fishing Industry Advisory Committee (FIAC) Hawaii Archipelago FEP AP and Mariana Archipelago FEP-Commonwealth of the Northern Mariana Islands (CNMI) AP to discuss and make recommendations on fishery management issues in the Western Pacific Region The meetings will be held March 10-13 2021 For additional information click on the title link above

Notice Western Pacific Fishery Management Council Public Meetings (published by the National Oceanic and Atmospheric Administration on 02252021)The Western Pacific Fishery Management Council (Council) will hold its 139th Scientific and Statistical Committee (SSC) Pelagic and International Standing Committee Executive and Budget Standing Committee and 185th Council meetings to take actions on fishery management issues in the Western Pacific Region A portion of the Councils Executive and Budget Standing Com-mittee meeting will be closed to the public for a briefing on litigation by counsel The meetings will be held via web conference between March 16 and March 25 2021 For additional information and specific times and agendas click on the title link above

Federal Notices

March82021 TheEnvironmentalNotice

8

Glossary of Terms and DefinitionsAgency ActionsProjects or programs proposed by any department office board or commission of the state or county government which is part of the executive branch of that government per HRS 343-2

Applicant ActionsProjects or programs proposed by any person who pur-suant to statute ordinance or rule requests approval for a proposed action per HRS 343-2

Draft Environmental AssessmentWhen an Agency or Applicant proposes an action that triggers HRS 343 an Environmental Assessment shall be prepared at the earliest practicable time to determine whether the actions environmental impact will be sig-nificant and thus whether an environmental impact statement shall be required per HRS 343-5(b) for Agency actions and HRS 343-5(e) for Applicant actions For actions for which the proposing or approving agency anticipates a Finding of No Significant Impact (AFNSI) a Draft EA (DEA) shall be made available for public review and comment for 30 days and public notice is published in this periodic bulletin

Final Environmental Assessment and Find-ing of No Significant ImpactThe actions proponent shall respond in writing to com-ments on a DEA received during the 30-day review period and prepare a Final EA (FEA) that includes those respons-es to determine whether an environmental impact state-ment shall be required If there are no significant impacts then the Agency will issue a Finding of No Significant Impact (FONSI) An Environmental Impact Statement (EIS) will not be required and the project has cleared HRS 343 requirements The public has 30 days from the notice of a FONSI in this bulletin to ask the Environmental Court to require the preparation of an EIS

Final Environmental Assessment and Envi-ronmental Impact Statement Preparation NoticeAn EIS shall be required if the Agency finds that the proposed action may have a significant effect on the environment The Agency shall file notice of such deter-mination with OEQC called an EIS Preparation Notice (EISPN) along with the supporting Final EA After the notice of the FEA-EISPN is published in this bulletin the public has 30 days to request to become a consulted party and to make written comments The public (includ-ing the Applicant) has 60 days from the notice of the EISPN in this bulletin to ask a court to not require the preparation of an EIS

Act 172-2012 Direct-to-EIS Environmental Impact Statement Preparation Notice (with no EA)Act 172 in 2012 amended HRS 343 by providing for an agency to bypass the preparation of an environmental assessment for various actions that in the experience of the agency would clearly require the preparation of an EIS The agency must submit its determination that an EIS is required for an action (Act 172-2012 EISPN) with a completed OEQC publication form detailing the specif-ics of the action This starts a 30-day scoping period in which the agency or applicant must hold a public scoping meeting for the preparation of the Draft EIS Written comments and responses on the EISPN must be incor-porated into the subsequent Draft EIS and oral comments from the public scoping meeting must be recorded and submitted to the OEQC with the Draft EIS

Act 312-2012 Secondary Actions in the Highway or Public Right Of WayAct 312-2012 amended HRS 343 by adding a new section (HRS 343-55 entitled ldquoException to applicability of chapterrdquo) HEPA allows for a statutory exception for ldquosecondary actionsrdquo (those that involve infrastructure in the highway or public right-of-way) provided that the permit or approval of the related ldquoprimary actionrdquo (those outside of the highway or public-right-of-way and on private property) is not subject to discretionary consent and further provided that the applicant for the primary action submits documentation from the appropriate agency confirming that no further discretional approvals are required An aid to understanding this is to visualize residential driveway improvements in the public right-of-way versus retail outlet driveway improvements in the public right-of-way

Draft Environmental Impact StatementAfter receiving the comments on the EISPN the Agency or Applicant must prepare a Draft Environmental Impact Statement (DEIS) The content requirements of the DEIS shall contain an explanation of the environmental con-sequences of the proposed action including the direct indirect and cumulative impacts and their mitigation measures The public has 45 days from the first publica-tion date in this bulletin to comment on a DEIS The DEIS must respond to comments received during the EISPN comment period in a point-by-point manner

Final Environmental Impact StatementAfter considering all public comments filed during the DEIS stage the Agency or Applicant must prepare a Final EIS (FEIS) The FEIS must respond in a point-by-point manner to all comments from the draft and must be included in the FEIS For Applicant projects the Approv-ing Agency is the Accepting Authority and must make a determination within 30 days or the FEIS is deemed ac-cepted as a matter of law For an Agency project the Governor or the Mayor (or their designated representa-tive) is the Accepting Authority and unlike applicant actions there is no time limit on the accepting authority reviewing the FEIS Only after the FEIS is accepted may the project be implemented

AcceptabilityThe Accepting Authority must be satisified that the FEIS meets three criteria (process content response to com-ments) to accept it If the FEIS is accepted notice is published in this bulletin The public has 60 days from publication to challenge the acceptance of a FEIS For Applicant actions non-acceptance by the Approving Agency is cause for the Applicant to administratively appeal to the Environmental Council For Agency actions there is no such administrative appeal In both instances the Applicant or the proposing Agency can prepare a revised DEIS after a non-acceptance determination

National Environmental Policy ActThe National Environmental Policy Act (NEPA) requires federal projects to prepare a Federal EA or EIS In many ways it is similar to Hawaiʻirsquos law Some projects require both a State and Federal EIS and the public comment procedure should be coordinated Upon request by a federal agency OEQC publishes NEPA notices in this bulletin to help keep the public informed of important federal actions

Conservation DistrictProposed uses of land in the State Conservation District require a Conservation District Use Application (CDUA) These applications are reviewed and approved by the Board of Land and Natural Resources Members of the public may intervene in the permit process This bulletin will include EAs amp EISs for actions proposed within the Conservation District

Special Management Area and Shoreline Setback AreaThe Special Management Area (SMA) is along the coast-line of all islands and development in this area is gener-ally regulated by HRS 205A and county ordinance A portion of the SMA that is addressed by HRS 343 is the Shoreline Area which includes land between the State-certified shoreline and the county-determined shoreline setback line This bulletin will include EAs amp EISs for actions proposed within the Shoreline Setback Area

Shoreline CertificationsState law requires that Hawaiʻi shorelines be surveyed and certified when necessary to clearly establish the shoreline setback from the certified shoreline The public may participate in the process to help assure accurate regulatory boundaries Private land owners often petition to have their shoreline certified by the State surveyor prior to construction This bulletin publishes notice from the Department of Land and Natural Resources of shore-line certification applicants and final certifications or rejections

Environmental CouncilThe Environmental Council is a 15-member citizen board appointed by the Governor They serve as a liaison between the Director of OEQC and the general public concerning ecology and environmental quality The Council makes the rules that govern the Environmental Impact Statement process (HRS 343) Agendas of their regular meetings are posted on the Internet and the public is invited to attend The Council recently complet-ed the repeal of Hawaiʻi Administrative Rules (HAR) Chapter 11-200 and adoption of HAR Chapter 11-2001

Agency Exemption ListsGovernment agencies may keep a list describing the minor activities they regularly perform that are exempt from the environmental review process These lists and any amendments shall be submitted to the Council for review and concurrence (HAR 11-2001-16) This bulletin will publish an agencyrsquos draft exemption list for public comment prior to Council decision making as well as notice of the Councilrsquos decision on the list

Endangered SpeciesThis bulletin is required by HRS 343-3(c) to publish notice of public comment periods or public hearings for Habitat Conservation Plans (HCP) Safe Harbor Agreements (SHA) or Incidental Take Licenses (ITL) under the federal En-dangered Species Act as well as availability for public inspection of a proposed HCP or SHA or a proposed ITL (as a part of an HCP or SHA)

Maui sunset Photo by Thomas Hawk