NOTICE OF PROPOSED
SECTION 401 WATER QUALITY CERTIFICATION
BY THE
HAWAII STATE DEPARTMENT OF HEALTH
FILE NO. WQC 0000154b
08-CW-WQC-02
August 11, 2008
The Hawaii State Department of Health (Department) proposes to issue a Section 401 Water Quality Certification (WQC), which includes conditions and requirements, to the State of Hawaii Department of Land and Natural Resources, Division of Aquatic Resources (DLNR-DAR) for the modification to the existing Department of the Army (DA) Individual Permit (IP) under DA File No. POH-2004-1134 (formerly 200400154) issued under the authorization of Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA) of 1899.
The applicant and agent information is as follows:
Applicant: DLNR-DAR
1151 Punchbowl Street, Room 330
Honolulu, Hawaii 96813
Contact Person: Mr. Paul Murakawa, Aquatic Biologist
Ph.: (808) 587-5404
Fax: (808) 832-5012
Agent: DLNR-DAR
1151 Punchbowl Street, Room 330
Honolulu, Hawaii 96813
Contact Person: Dr. Dan Polhemus, Administrator
Ph. (808) 587-0100
Fax (808) 587-0115
Project Name: Kalaeloa Artificial Reef Project
The DLNR-DAR is applying for a modification to the existing DA IP to incrementally establish a new artificial reef site within State waters off Kalaeloa, Ewa District, Island of Oahu. The proposed site has an area of approximately 108 acres and is located west of the Honouliuli Wastewater Treatment Plant sewer outfall and east of the oil tanker offshore unloading facilities (#165.1407). The site is bounded by the following turning points (WGS84 coordinate system), listed in clockwise order, starting from the northeastern corner:
1. Latitude 21 17’01″N and Longitude 158 02’53″W
2. Latitude 21 17’00″N and Longitude 158 02’49″W
3. Latitude 21 16’57″N and Longitude 158 02’49″W
4. Latitude 21 16’30″N and Longitude 158 02’35″W
5. Latitude 21 16’30″N and Longitude 158 03’00″W
6. Latitude 21 16’57″N and Longitude 158 03’00″W
The discharge activity that the DLNR-DAR is seeking coverage under this Section 401 WQC consists of the emplacement of pre-fabricated cured concrete/rebar modules (Z-blocks or other cast concrete module designs) and mooring buoys. The Z-blocks will be rinsed clean prior to deployment and free of any biological or chemical contamination. No wood, plastics, or other pollutants would be discharged at the reef site. The proposed location of the first reef increment is Latitude 21 16’44″N and Longitude 158 02’58″W. Deployment of the first reef increment will take approximately one (1) day.
The receiving State water, the Pacific Ocean, is classified by the Department as “Class A, Marine Waters” and “Class II, Marine Bottom Ecosystems” Hawaii Administrative Rules (HAR), §11-54-3(c)(2) states, in part, that “it is the objective of class A waters that their use for recreational purposes and aesthetic enjoyment be protected. Any other use shall be permitted as long as it is compatible with the protection and propagation of fish, shellfish, and wildlife, and with recreation in and on these waters. These waters shall not act as receiving waters for any discharge which has not received the best degree of treatment or control compatible with the criteria established for this class.”
HAR,§11-54-3(d)(2) states, in part, that “It is the objective of class II marine bottom ecosystems that their use for protection including propagation of fish, shellfish, and wildlife, and for recreational purposes not be limited in any way. The uses to be protected in this class of marine bottom ecosystems are all uses compatible with the protection and propagation of fish, shellfish, and wildlife, and with recreation.”
Based on an evaluation of the Section 401 WQC application, the supporting information, which are relevant to water quality considerations, and when all requirements and conditions contained in this proposed Section 401 WQC are fully complied with, there is reasonable assurance that the discharges resulting from the proposed construction activities will be conducted in a manner which will not violate the applicable water quality standards and will comply with the applicable provisions of CWA, Sections 301, 302, 303, 306, and 307.
This Section 401 WQC shall expire five (5) years from the issuance date of the Section 401 WQC, or until the applicable water quality standards (WQS) are revised or modified, or when the project construction is completed, or when the applicable DA IP File No. POH-2004-1134 is modified, revoked, suspended, or expired, whichever is earliest. If the applicable State WQS is revised or modified during the five-year period and the discharge activity complies with the revisions or modifications, this Section 401 WQC shall continue to be valid for the remainder of the five-year period.
Persons wishing to comment upon or object to the proposed determinations or request a public hearing, should submit their comments or request in writing no later than 30 calendar days after the date of this notice, either in person or by mail, to:
Office Address: Mailing Address:
Clean Water Branch Clean Water Branch
Environmental Management Division Environmental Management Division
Department of Health Department of Health
919 Ala Moana Boulevard P.O. Box 3378
Room 301 Honolulu, HI 96801-3378
Honolulu, HI 96814-4920
Copies of the application, proposed Section 401 WQC, and other information are available for public inspection, Monday through Friday (excluding holidays) from 7:45 a.m. until 4:15 p.m., at the Department office address shown above. Copies may be bought. The proposed Section 401 WQC, and Section 401 WQC initial staff evaluation are also available on the internet at http://hawaii.gov/health/environmental/water/cleanwater/forms/forms/pubntcs/index.html. For more information or if you have special needs due to disability that will aid you in inspecting and/or commenting on the proposed Section 401 WQC, and/or other related information, please contact Ms. Joanna L. Seto, Supervisor of the Engineer Section, Clean Water Branch, at the above address or (808) 586-4309 (Voice) at least seven (7) days before the comment deadline. For those who use a TTY/TDD, please call through Sprint Relay Hawaii, at 1-711 or 1 (877) 447-5991.
All written comments and requests received on time will be considered. If the Department determines that there is significant public interest, a public hearing may be held after at least 30 calendar days of public notice.
If the Department’s position is substantially unchanged after considering all timely written comments and all oral comments at any public hearing that may be held, then the Department will issue the Section 401 WQC, and this action will be final.
Please notify anyone you know who would be interested in this matter.
Chiyome Leinaala Fukino, M. D.
Director of Health
(SB53747 8/11/08)~
