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Notice #: 05528289
Public Notices

File No. WQC 0000693


March 28, 2007

The Hawaii State Department of Health (Department) proposes to issue a Section 401 Water Quality Certification (WQC), which includes conditions and requirements, to Mr. Reno Henriques for the application of the Department of the Army (DA) Individual Permit (IP) under DA File No. POH-2005-429 to be issued under the authorization of Section 404 of the Clean Water Act (CWA).

The applicant and agent information are as follows:

Applicant: Mr. Reno Henriques
Property Owner
P.O. Box 6584
Kaneohe, Hawaii 96744

Contact: Ph. (808) 479-3441
Fax (808) 842-6748

Agent: Ms. Linda Henriques
P.O. Box 4660
Kaneohe, Hawaii 96744

Contact: Ph. (808) 864-3889
Fax: (808) 842-6748

The project involves construction of a single-family residence in wetlands on a 2.5 acre parcel located at 47-586 Ahilama Road, Kahaluu, Oahu. With the exception of the driveway (approximately 0.75 acres), the entire 2.5 acre parcel contains wetlands. Construction involves installation of 12 concrete support piles to replace 48 square feet (SF) of wetlands, with a total of 2400 SF of house elevated above the wetlands and the remaining house structure and garage will be constructed slab-on-grade on the upland portion of the site. An Individual Wastewater System will also be installed on the upland driveway.

An acceptable mitigation plan for the unavoidable impacts to the wetlands has been submitted by the Applicant. The mitigation plan includes wetland enhancement by exotic plant removal and installation of native wetland plants conducive to erosion control.

The receiving State water is the Unnamed Wetland. The Unnamed Wetland is classified by the Department of Health (DOH) as “Class 2, Inland Waters.”

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 two (2) 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 DA IP 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 during the two-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 two-year period.

The Director, upon the written request from Mr. Reno Henriques, may administratively extend the expiration date of this Section 401 WQC only when the written request is accompanied with appropriate color photographs 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.

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 application, 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 draft WQC and Initial Staff Evaluation are also available on the Internet at For more information or if you have special needs due to disability, please contact Mr. Alec Wong 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 Verizon Hawaii Telephone Relay Service, at 643-8822.

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) 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.
(SB05528289 3/28/07) Director of Health