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Notice #: 03511076
Public Notices


File No. WQC 0000690


March 20, 2007

The Hawaii State Department of Health (Department) proposes to issue a Section 401 Water Quality Certification (WQC), which includes conditions and requirements, to Hilton Hotels Corporation, Hilton Hawaiian Village for the application of the Department of the Army (DA) Individual Permit (IP) under DA File No. POH-2005-453 to be issued under the authorization of Rivers and Harbors Act of 1899 (RHA, 33 U.S.C. 403), Section 10 and Clean Water Act (CWA, 33 U.S.C. 1344), Section 404.

The applicant and agent information are as follows:

Applicant: Hilton Hotels Corporation (HHC)
Hilton Hawaiian Village
2005 Kalia Road
Honolulu, HI 96815-1999

Contact: Mr. Gerhard Seibert, Area Vice President & Managing Director
Ph. (808) 949-4321
Fax (808) 947-7800

Agent: Planning Solutions, Inc.
210 Ward Avenue, Suite 330
Honolulu, HI 96814-4012

Contact: Mr. Perry J. White, President
Ph. (808 ) 550-4483
Fax (808) 550-4549

The HHC indicated in its December 29, 2006 updated Section 401 WQC application and supporting documents (hereafter the “Application”) that “the proposed project involves: (i) replacing the existing lagoon water supply and circulation system (which uses water piped in from the ocean) with a new system that uses salt water wells as the water source; (ii) reducing the volume of water in the lagoon by placing clean fill on its sides and bottom, and (iii) re-routing stormwater runoff away from the lagoon. All of these are intended to improve water quality and bottom conditions within the lagoon. Extensive landscaping improvements and the placement of clean new sand around the perimeter of the lagoon will further enhance its recreational value.” Clean natural sand with acceptable quality for sand beaches will be used for the new lagoon.

Receiving State waters, Ala Wai Boat Harbor, is classified by the Department as “Class A, Marine Waters” for “Embayment.” Marine bottom of Ala Wai Boat Harbor is classified by the Department as “Class II. Artificial Basin” for “Shallow Draft Harbor.” Ala Wai Canal and Boat Harbor are listed as Water Quality-Limited Segment (WQLS) in the “FINAL 2004 LIST OF IMPAIRED WATERS IN HAWAII PREPARED UNDER CLEAN WATER ACT §303(d), dated June 16, 2004\u201D for nutrients, pathogens, metals, turbidity, suspended solids, organochlorine pesticides, and lead. The list is located in the Department’s web site at:

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 become effective the issuance date of the proposed Section 401 WQC. This Section 401 WQC expires two (2) years from the date of issuance or until the applicable water quality standards (WQS) is revised or modified, or when the DA IP No. POH-2005-453 is modified, revoked, suspended, or expired, or when the project construction is completed, whichever is earliest. If the applicable State WQS is revised or modified before the two-years period and the discharge activity complies with the revisions or modifications, this Section 401 WQC shall continue to be valid the remaining of the two-year period.

The Director of Health (Director) may, upon written request from HHC administratively extend the expiration date of this Section 401 WQC if the written request can demonstrate to the Director that the project is in fact under construction and the purpose of extending the expiration date is to allow the contractor to complete the project construction and there are no significant changes to the project scope and the changes will not, either individually or cumulatively, cause adverse impact to the receiving water quality.

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 calender days from the date of this notice either in person or by mail, to:

Office Address: Mailing Address:
State Department of Health State Department of Health
Environmental Management Div. Environmental Management Div.
Clean Water Branch Clean Water Branch
919 Ala Moana Boulevard, Rm. 301 P.O. Box 3378
Honolulu, Hawaii 96814-4920 Honolulu, Hawaii 96801-3378

Copies of the proposed Section 401 WQC and other information on file 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 also available on the Internet at
For more information or if you have special needs due to disability, please contact Mr. Edward Chen of the Clean Water Branch at the above address or at (808) 586-4309 (Voice), at least seven (7) days before the end of comment period. 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 days of public notice.

If the Department\u2019s position is substantially unchanged, after considering all timely written comments and all oral comments at any public hearing that may be held, the Department will issue or deny the Section 401 WQC, as appropriate, and this action will be final.

Please notify anyone you know who would be interested in this matter.
Chiyome Leinaala Fukino, M.D.
(SB03511076 3/19/07) Director of Health