The Garden Island
Notice #: 0001194188-01
Legal Notices



File No. WQC0938


April 17, 2019

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) for the proposed Nawiliwili Small Boat Harbor (SBH), Pier 400 Transient Floating Dock Facilities, Lihue, Island of Kauai, which is subject to compliance with requirements authorized under Section 404 of the Clean Water Act (CWA, 33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899 (RHA, 33 U.S.C. 403).

The Hawai’i Department of Land and Natural Resources (DLNR) – Division of Boating and Ocean Recreation (DOBOR) proposes to remove the existing moorings and to install a new engineered aluminum floating dock system at the Nawiliwili SBH. The existing small floating dock will remain. The new floating dock system would be located on the West side of the harbor, between the existing Pier 300 and breakwater. Although the six (6) existing moorings are currently in use and serviceable, they are in deteriorated condition and are in need of substantial repair to maintain their serviceability. In addition the vessels moored in this area are not accessible by land. The new floating docks will provide a total of 17 boat slips. It will be designed to accommodate the multi-hull vessels that are presently moored in the harbor along with additional vessels.

According to the Application, the new floating dock system will improve access to the moored vessels and navigation within the harbors. The new floating dock will also provide wider slips for increased vessel beams. The new gangway, approach ramp, and transition plate will meet current Americans with Disabilities Act (ADA) accessibility guidelines for recreational facilities.

The receiving State water, Pacific Ocean, is classified by the DOH as Embayment, Marine Waters, Class A.

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 on midnight, two (2) years from the date of issuance. The Director may, upon receipt of written request from DLNR 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. The decision by the DOH to allow an administrative extension will be made on a case-by-case basis taking into account compliance history and impact to receiving State 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 calendar days from the date of this notice either in person or by mail, to:

Clean Water Branch
Environmental Management Division
Department of Health
2827 Waimano Home Road #225
Pearl City, 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. The application and proposed Section 401 WQC are also available on the Internet at: and on the WPC Viewer located at: http://eha 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.

Director of Health
(TGI1194188 5/3/19)