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Notice #: 03511631
Public Notices

File No. WQC 0000687


July 3, 2007

The Hawaii State Department of Health (Department) proposes to issue a Section 401 Water Quality Certification (WQC), which includes conditions and requirements, to the Department of Design and Construction (DDC) of the City and County of Honolulu (CCH) for the application of the Department of the Army (DA) Individual Permit (IP) under DA File No. POH-2005-493 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:

Department of Design and Construction
City and County of Honolulu
650 South King Street, 11th Floor
Honolulu, Hawaii 96813

Contact: Mr. Eugene C. Lee, Diretor
Ph. (808) 768-8480
Fax (808) 523-4567

Austin, Tsutsumi & Associates, Inc.
501 Sumner Street, Suite 521
Honolulu, Hawaii 96817-5031

Contact: Mr. Kent Morimoto, P.E., Project Manager
Ph. (808) 533-3646
Fax: (808) 526-1267

The project is located between 1941 & 1955 Aupuni Street, Honolulu, Hawaii 96819. Approximately 250 feet of Nuhelewai Stream located at Tax Map Key: (1) 1-6-017:004, between Naio and Aupuni Street, will be affected. The existing stream channel includes concrete-lined box culverts upstream (including the Naio Street bridge) and downstream (including the Aupuni Street bridge) of the proposed project.

According to the “FINAL ENRVIRONMENTAL ASSESSMENT, NUHELEWAI STREAM IMPROVEMENTS, CITY AND COUNTY OF HONOLULU, March 2005,” the purpose of the proposed action is to “protect public health and safety by preventing erosion of the channel banks adjacent to residences on both sides of the stream. The section of Nuhelewai Stream between Naio and Aupuni Street is the only remaining segment of unimproved channel in the urban reaches of the stream. The project was initiated because of problems with streambank erosion which endangered adjacent residential properties.”

The stream channel between the two bridges (Naio and Aupuni Streets) is the only unlined segment of this stream in the developed residential area. There is an existing low dam about 60 feet upstream of the Aupuni Street bridge. The dam serves as a debris control structure and boulder basin to prevent debris or boulders from entering the stream channel to be transported downstream. The existing dam would remain in place. The stream channel downstream of the dam is linded with concrete and includes a small pilot channel.

Based on information contained in the April 24, 2007 revised Section 401 WQC application, the proposed action by the DDC/CCH is the constructin of channel improvements to an unimproved section (105 lineal feet (LF)) of Nuhelewai Streem Channel between Aupuni and Naio Streets. The affected section of Nuhelewai stream will be hardened on the bottom with: 1) concrete apon (5 LF); 2) concrete bottom (49.5 LF) and 3) GRP slope protection and boulder basin with a one-foot sill (50 FT). This stream is intermittent. Concrete retaining walls will also be constructed along both sides of the stream adjacent to the private properties to mitigate eronsion along stream banks.

The proposed project includes the following features to mitigate the loss of natual stream bottom: a) only approximately one half of the invert will be hardened; b) at the downstream terminus of the project a sill will assist in creating a small pool intended to emulate the pool lost to hardening; c) upright boulders will be placed in the created small pool behind the sill to emulate shade which will be lost by the upstream hardening.

Receiving State Waters, Nuhelewai Stream, is classified by the Department as “Class 2, Inland Waters” for “Stream,” Nuehelewai Stream is listed as a Water Quality-Limited Segment (WQLS) of the Kapalama Stream watershed in the “FINAL 2004 LIST OF IMPAIRED WATERS IN HAWAII PREPARED UNDER CLEAN WATER ACT §303(d), dated June 16, 2004.” The list is located on the Deparment’s web site at:

Based on an evaluation of the April 24, 2007 revised 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 provision of CWA, Sections 301,302, 303, 306, and 307.

This Section 401 WQC shall become effective on the issuance date of the proposed Section 401 WQC. This Section 401 WQC shall expire two (2) years from the effective date of the Section 401 WQC, or until the applicable water quality standards (WQS) are revised or modified, or when the DA IP (File No. POH-205-493) is modified, revoked, suspended, or expired, or the Total Maximum Daily Loads (TMDL) report and the mandatory implementation of the TMDL Plan for Nuhelewai/Kapalama watershed is established by the Department and approved by the U.S. Environmental Protection Agency (EPA), or when the project construction is completed, whichever is earliest. If the applicable State WQS is revised or modified during the two-year period and the discharge activity complies with the revisions or modifications, or the discharge activity complies with TMDL report and the mandatory implementation of the TMDL Plan established by the Department and approved by EPA, this Section 401 WQC shall continue to be valid for the remainder of the two-year period.

The Director, upon the written request from the DDC/CCH, may administratively extend the expiration date of this Section 401 WQC only when the written request is accompanied with appropriate color documentation demonstrating that the project is in fact under physical 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 (if any) 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 calendardays 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 Ms. Joanna L. Seto 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 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 thirty 30 calander 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.
(SB03511631 7/3/07) Director of Health