NOTICE OF PROPOSED SECTION 401 WATER QUALITY CERTIFICATION
HAWAII STATE DEPARTMENT OF HEALTH
File No. WQC0903
DOCKET NO. WQC0903
February 09, 2018
The Hawaii State Department of Health (DOH) proposes to issue a Section 401 Water Quality Certification (WQC), which includes conditions and requirements, to Hanalei Traders, Inc. for its Hanalei Traders Bioengineered River Bank Stabilization Project which is subject to compliance with requirements authorized under Clean Water Act (CWA, 33 U.S.C. 1344), Section 404, and Section 10 of the Rivers and Harbors Act of 1899 (RHA, 33 U.S.C. 403).
The Owner information is as follows:
Hanalei Traders, Inc.
5- 5016 Kuhio Hwy
Hanalei, HI 96714
Mr. Roger Ross, Property Owner
Phone: (808) 346-2561
Fax No.: (808) 826-7686
Hanalei Traders Inc. proposes to stabilize 450 linear feet (ft.) of Hanalei River bank by installing a bioengineering designed wall. Activities include installation of temporary Best Management Practices measures and construction of the bioengineered wall (biowall). The biowall will be constructed in 50 ft. increments, with each increment being completed before construction on the next begins. The biowall will be comprised of: (1) placement of 2 to 3 ft. diameter boulders into the river against the bank from the toe of the bank and river bed and extending up to the ordinary high water mark (OHWM) +1.3 ft. mean sea level (msl) to provide for toe protection and foundation support; (2) placement of permeable geotextile roll bags filled with grow medium comprised of 80% sand and 20% compost by volume; (3) placement of geogrid fabric to secure and anchor the interlocking, permeable geotextile bags to the bank of the river; and (4) planting of native plants between each layer of the geotextile bags as they are being installed. Once the biowall has been completed in its entirety, native or Polynesian woody shrubs will be planted along the top of the river bank. No dredging or excavation will be required for this project.
The receiving State waters are classified by the DOH as Inland Waters, Class 2, for Hanalei River Estuary. It is the objective of class 2 waters to protect their use for recreational purposes, the support and propagation of aquatic life, agricultural and industrial water supplies, shipping, and navigation. The uses to be protected in this class of waters are all uses compatible with the protection and propagation of fish, shellfish, and wildlife, and with recreation in and on these waters. These waters shall not act as receiving waters for any discharge which has not received the best degree of treatment or control compatible with the criteria established for this class.
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 a 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 proposed Section 401 WQC shall expire two (2) years from the date of issuance or until the applicable Water Quality Standards (WQS) are revised or modified, when the project construction is completed, whichever is earliest. If the applicable State WQS is revised or modified before the end of the two-year period and the discharge activity complies with the revisions or modification, this Section 401 WQC shall continue to be valid for the remainder of the two-year period.
The Director may, upon receipt of written request from Hanalei Traders, Inc. administratively extend the expiration date of the issued Section 401 WQC. The request shall be submitted at least 30 calendar days before the Section 401 WQC expires and shall include appropriate color photographs demonstrating that the project is in fact under physical construction or submit a document that demonstrates the project is under the contract to construct 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 calendar days from the date of this notice either in person or by mail, to:
Clean Water Branch
Environmental Management Division
Department of Health
Hale Ola, Room 225
2827 Waimano Home Road
Pearl City, Oahu, Hawaii 96782
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 DOH office address shown above and the Kauai District Health Office, 3040 Umi Street, Lihue, Hawaii 96766. Copies may be bought. The application and proposed Section 401 WQC are 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