NOTICE OF PROPOSED SECTION 401 WATER QUALITY CERTIFICATION
BY THE HAWAII STATE DEPARTMENT OF HEALTH
File No. WQC0901
DOCKET NO. WQC0901
October 4, 2017
The State Department of Health (DOH) proposes to issue a blanket Section 401 Water Quality Certification (WQC), which includes conditions and requirements to applicants of the following Department of the Army (DA) Nationwide Permits (NWPs) issued under the authorization of Section 404 of the Clean Water Act
(CWA) and/or Section 10 of the Rivers and Harbors Act of 1899:
NWP 3 – Maintenance
NWP 5 – Scientific Measurement Devices
NWP 6 – Survey Activities
NWP 10 – Mooring Buoys
NWP 12 – Utility Line Activities
NWP 13 – Bank Stabilization
NWP 14 – Linear Transportation Projects
This proposed Section 401 WQC does not apply to waste or water pollutant discharges to natural lakes and anchialine pools, Inland Water Class 1, Marine Waters Class AA, Marine Bottom Class I, new sewage discharges and new industrial discharges to estuaries, and embayments.
The DA NWP work authorization issuance agency is the U.S. Army Corps of Engineers (USACE) [Fort Shafter, Hawaii 96858, Tel: 808-835-4303,
Contact Person: Mr. Tunis McElwain].
This Section 401 WQC coverage for each individual work authorization to be
issued by the USACE under each applicable NWP shall become valid only when the notification information required has been submitted to the DOH-CWB; all concerns are properly addressed to the satisfaction of the DOH CWB; and the DOH-CWB informs the USACE via email of an individual project verification. After 30 calendar days from the date that the notification information is submitted to DOH, the corresponding individual verification shall be qualified for coverage under this Section 401 WQC if DOH does not inform the USACE that the notification information is deficient or if the individual verification is covered.
This proposed Section 401 WQC for each applicable NWP listed above, shall expire when the NWP expires (Midnight, March 18, 2022) or until the applicable State Water Quality Standard(s) is revised or modified or the applicable NWP expires or is revised or modified, whichever is earlier.
The DOH based this proposed Section 401 WQC on the evaluation of information contained in the January 6, 2017, Federal Register: Final Rule, Volume 82, Number 4; the Final Regional Conditions (became effective on March 19, 2017) and the additional information submitted to the DOH with a letter dated April 18, 2017 by the U.S. Army Corps of Engineers (USACE), Honolulu District of the Pacific Ocean Division (POH). 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 activities to be authorized under the above listed applicable DA NWPs 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.
Copies of the application (including the final regional conditions for all applicable NWPs), 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 DOH address shown above and at the Maui District Health Office located at 54 South High Street #301, Wailuku, Maui, Hawaii 96793; the Hilo Hawaii District Health Office located at 75 Aupuni Street #201, Hilo, Hawaii 96720; the Kona Hawaii District Health Office located at 79-1015 Haukapila Street, Kealakekua, Hawaii 96750; and the Kauai District Health Office located at 3040 Umi Street, Lihue, Kauai, Hawaii 96766. Copies may be bought. The proposed Section 401 WQC is also available on the internet at http://health.hawaii.gov/cwb/site-map/clean-water-branch-home-page/public-notices-and-updates/. For more information or if you have special needs due to disability that will aid you in inspecting and/or commenting on the public notice WQC and related information, please contact Mr. Darryl Lum, Supervisor of the Engineering Section, at the above address or (808) 586-4309 (Voice) at least seven (7) calendar 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 DOH determines that there is significant public interest, a public hearing may be held after at least 30 days of public notice.
If the DOH’s position is substantially unchanged, after considering all timely written comments and all oral comments at any public hearing that may be held, the DOH will issue or deny the Section 401 WQC and this action will be final.
Please notify anyone you know who would be interested in this matter.
VIRGINIA PRESSLER, M.D.
Director of Health