NOTICE OF PROPOSED
SECTION 401 WATER QUALITY CERTIFICATION
HAWAII STATE DEPARTMENT OF HEALTH
WQC File No. WQC0921
DOCKET NO. WQC0921
September 29, 2017
The Hawaii State Department of Health (DOH) 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 (DLNR), Division of Boating and Ocean Recreation (DOBOR) for the application of the Department of the Army (DA) permit under DA File No. POH-2016-00052 to be issued under the authorization of Section 10 of the Rivers and Harbors Act of 1899 (RHA, 33 U.S.C. 403) for the "Port Allen Small Boat Harbor Floating Dock Improvements" project.
The owner information is as follows:
State of Hawaii
Department of Land and Natural Resources (DLNR)
Division of Boating and Ocean Recreation (DOBOR)
4 Sand Island Access Road
Honolulu, Hawaii 96819
Contact: Mr. Edward R. Underwood
Phone: (808) 587-1966
Fax No.: (808) 587-1977
DLNR-DOBOR is proposing reconstruction of two fixed pile supported piers by removing the aged piers and installing an aluminum floating dock system at the Port Allen Small Boat Harbor in Eleele on the island of Kauai. The scope of work includes demolition of the existing piers, removal of in-water concrete piles, removal of a portion of existing rock revetment, installation of new concrete abutments and ramps, aluminum gangways, installation of dock mooring system, and installation of the aluminum docking system including utilities. Specific project activities, water pollution control measures, and water quality monitoring plans are in the April 24, 2017 revised Section 401 Application and its Attachments. The April 24, 2017 revised Section 401 Application and Attachments may be viewed using the Water Pollution Control (WPC) viewer located at:
Best Management Practices (BMPs) measures are proposed to ensure that the proposed construction activities associated with this project will not adversely impact the water quality of Hanapepe Bay. An Applicable Monitoring and Assessment Plan (AMAP) is also prepared to verify/ensure the adequacy of the BMPs measures implemented.
The receiving State water, Hanapepe Bay, located on the Island of Kauai, is classified by the DOH as a "Class A, Embayment" and is listed in the "2014 STATE OF HAWAII WATER QUALITY MONITORING AND ASSESSMENT REPORT" as a Category 3 waterbody (not enough data to evaluate) with insufficient data to determine the pollutant impairments. It is not indicated as a priority for TMDL assessment.
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 (WQS) and will comply with the applicable provisions of CWA, Sections 301, 302, 303, 306, and 307.
The proposed Section 401 WQC shall become effective on the issuance date of the Section 401 WQC. This Section 401 WQC shall expire one (1) year from the issuance date of the Section 401 WQC, or the Total Maximum Daily Load (TMDL) implementation Plan for Hanapepe Bay is established by the DOH and approved by the U.S. Environmental Protection Agency (EPA), or until the applicable WQS are revised or modified, or DA permit (File No. POH-2016-00052) is modified, revoked, suspended, or expired, or when the project related construction activities are completed, whichever is earlier. If the applicable WQS is revised or modified, before the proposed expiration date, and such that the activity complies with the revisions or modifications to the WQS, the determination of waiving the notification requirements shall continue to be valid until the Section 401 WQC expires.
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 from the date of this notice either in person or by mail, to:
Department of Health
Environmental Management Division
Clean Water Branch
919 Ala Moana Boulevard, Rm. 301
Honolulu, Hawaii 96814-4920
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 DOH office address shown above and on the WPC Viewer located at: http://eha-web.doh.hawaii.gov/wpc-viewer/. Copies may be bought. The proposed Section 401 WQC also available on the Internet at:
http://health.hawaii.gov/cwb/site-map/home/public-notices-and-updates and on the WPC Viewer located at: http://eha-web.doh.hawaii.gov/wpc-viewer/. 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 permit 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 the DOH determines that there is significant public interest, a public hearing may be held after at least 30 calendar 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, as appropriate, 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